32-12A-11. Knowledge and skills tests required--Waiver--Restrictions--Violation as misdemeanor. No person may be issued a commercial learner's permit unless that person is a resident of this state and has passed the required knowledge test. No person may be issued a commercial driver license unless that person is a resident of this state, has passed a knowledge and skills test for driving a commercial motor vehicle that complies with the minimum federal standards established by federal regulation enumerated in 49 C.F.R. Part 383, Subparts G and H as of January 1, 2015, and has satisfied all other requirements of the CMVSA in addition to other requirements imposed by state law or federal regulation. The tests shall be prescribed and conducted by the department.

The department may authorize a person, an employer, a private driver training facility, other private institution, a department, agency, or instrumentality of local government, of this state or another state, to administer the skills test specified by this section, if:

(1) The test is the same which would otherwise be administered by the department; and

(2) The third party has entered into an agreement with the department that complies with requirements of 49 C.F.R. Part 383.75 as of January 1, 2015. Failure to comply with agreement may result in termination of the agreement.

The department may waive the skills test specified in this section for a commercial driver license applicant who meets the requirements of 49 C.F.R. Part 383.77 as of January 1, 2015.

No commercial learner's permit or commercial driver license may be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle, or while the person's operator's license or driving privilege is suspended, revoked, or cancelled in any state; nor may a commercial driver license be issued to a person who has a commercial driver license, noncommercial driver license, noncommercial instruction permit or commercial learner's permit issued by any other state unless the person first surrenders all such licenses or permits, which shall be destroyed by the department. The issuing jurisdiction shall be notified that the licensee has applied for a commercial learner's permit or commercial driver license in a new jurisdiction. A violation of this provision is a Class 2 misdemeanor.

Source: SL 1989, ch 267, § 8; SDCL § 32-12-87; SL 2001, ch 171, §§ 80, 115; SL 2004, ch 213, § 3; SL 2005, ch 167, § 11, eff. Sept. 30, 2005; SL 2007, ch 182, § 4; SL 2010, ch 161, § 3; SL 2011, ch 144, § 3; SL 2015, ch 168, § 9.