S.D. Codified Laws § 49-28-1

Current through the 2024 Legislative Session

Section 49-28-1 - Definitions

Terms used in this chapter mean:

(1) " Department," the Department of Revenue;

(2) "Corporation," a corporation, company, association, or joint stock association;

(3) "For hire," for remuneration of any kind, paid or promised for the transportation of persons or property. An occasional accommodative or reciprocal transportation service by a person not in the transportation business while on an errand for such person's benefit, is not a service for hire, even though the person transported shares in the cost or pays for the service;

(4) " FMCSA," Federal Motor Carrier Safety Administration;

(5) "Exempt motor carrier," an interstate motor carrier who is exempt from the FMCSA's jurisdiction over interstate transportation;

(6) "Regulated motor carrier," an interstate motor carrier who is subject to the FMCSA's jurisdiction over interstate transportation;

(7) "Motor carrier," any person, corporation, lessee, trustee, or receiver operating any motor vehicle, trailer, or semitrailer on any public highway in this state for the transportation of persons or property, for hire;

(8) "Motor vehicle," all vehicles or machines propelled by any power other than muscular used upon the public highways for the transportation of persons or property;

(9) "Permit," the permit authorized to be issued under this chapter;

(10) "Person," a natural person, firm, corporation, limited liability company, copartnership, company, association, joint stock company, or, the lessee, trustee, or receiver appointed by any court for any one of the foregoing;

(11) "Public highway," every street, alley, public road, public thoroughfare, or highway in this state;

(12) "Registration state," the state in which a regulated motor carrier selects to register its interstate motor carrier operations pursuant to 49 USC § 14504 and 49 CFR PART 367 as of January 1, 2005;

(13) "Semitrailer," any vehicle of the trailer type, equipped with a kingpin assembly, designed and used in conjunction with a fifth wheel connecting device on a motor vehicle and constructed so that some part of its weight and that of its load rests upon or is carried by another vehicle;

(14) "Trailer," every vehicle without motive power designed to carry property or persons wholly on its own structure and to be drawn by a motor vehicle;

(15) "Board," the Surface Transportation Board as defined in 49 USC § 13102(1) as of January 1, 2005;

(16) "Secretary," the secretary of the United States Department of Transportation as that term is defined in 49 USC § 13102(17) as of January 1, 2005.

SDCL 49-28-1

SDC 1939, § 44.0401; SL 1939, ch 173; SL 1945, ch 192; SL 1949, ch 168; SL 1950 (SS), ch 10; SL 1953, ch 236; SL 1955, ch 178; SL 1981, ch 334, § 1; SL 1985, ch 374, § 1; SL 1989, ch 256, § 10; SL 1989, ch 399, § 2; SL 1994, ch 351, § 133; SL 1994, ch 356, § 1; SL 1995, ch 259, § 1; SL 1999, ch 223, §1; SL 2006, ch 234, §1; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.