§ 32-12A-5 Information required by employer--Operation of commercial motor vehicle prohibited under certain conditions.

SD Codified L § 32-12A-5 (2019) (N/A)

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32-12A-5. Information required by employer--Operation of commercial motor vehicle prohibited under certain conditions. Each employer shall require the applicant to provide the information specified in § 32-12A-4. No employer may knowingly allow a driver to operate a commercial motor vehicle:

(1) During any period in which the driver has had an operator's license suspended, revoked, or cancelled by any state, has lost the right to operate a commercial motor vehicle in any state, is currently disqualified from driving a commercial vehicle, or subject to an out-of-service order in any state;

(2) During any period in which the driver has more than one operator's license;

(3) During any period in which the employee, or the motor vehicle the employee is driving, or the motor carrier operation, is subject to an out-of-service order;

(4) In violation of any federal, state, or local law or regulation pertaining to railroad-highway grade crossings;

(5) If the driver does not have a current commercial learner's permit or commercial driver license;

(6) If the driver does not have a current commercial learner's permit or commercial driver license with the proper class or endorsement; or

(7) The driver is operating a commercial motor vehicle in violation of a restriction on the driver's commercial learner's permit or commercial driver license.Source: SL 1989, ch 267, § 4; SL 1996, ch 201, § 8; SDCL § 32-12-81; SL 2001, ch 171, §§ 75, 115; SL 2002, ch 156, § 5; SL 2015, ch 168, § 4.

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§ 32-12A-4 Holder of commercial learner's permit or driver license to notify department and employer of conviction for violation of motor vehicle traffic law--Prior employment history to be furnished employer.

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§ 32-12A-5.1 Proceeding against employer by state's attorney.