32-22-51. Removal of overweight portion of load--Risk of loss of unloaded cargo. If an officer upon weighing a vehicle and load as provided in § 32-22-50 determines that the vehicle's weight is unlawful, the officer shall require the driver to stop the vehicle in a suitable place adjacent to the place of weighing. The vehicle shall there remain until such portion of the load is removed or adjusted to reduce the gross weight, axle weight, or tire weight of such vehicle to meet the weight limits specified in this chapter or until the officer issues the vehicle an overweight permit as provided for in §§ 32-22-42 and 32-22-42.13. The overweight permit shall only authorize movement of the vehicle from the weighing site to a location, as determined by the issuing officer, where the excess portion of the load can be removed or adjusted to cause the vehicle to meet the weight limits specified in this chapter. The unloading of any required portion of a load is the duty of and at the sole risk of the owner or operator of the vehicle. Any material unloaded shall be cared for by and continue to be at the sole risk of the owner or operator.
Source: SDC 1939, § 44.0341; SL 1951, ch 230; SL 1979, ch 227, § 1; SL 1992, ch 224.
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