South Dakota Administrative Rules Title 61 - Department of Public Safety
Introduction
Title 61 of the South Dakota Administrative Rules governs various aspects of public safety within the state. These regulations are administered by the Department of Public Safety and encompass a wide range of topics, including driver licensing, vehicle regulations, and public safety standards.
Key Articles and Chapters
Article 61:18 – Drivers' Licenses
Chapter 61:18:01 – General Provisions: Establishes the foundational requirements for obtaining and holding a driver's license in South Dakota.
Chapter 61:18:02 – Point Accumulation: Details the point system used to track traffic violations and the consequences of accumulating points.
Chapter 61:18:03 – Incompetence: Outlines the criteria under which a driver's competence may be questioned and the procedures for addressing such concerns.
Chapter 61:18:04 – Unlawful Possession or Use of License: Addresses the illegal possession or use of a driver's license and the penalties associated with such actions.
Chapter 61:18:05 – Out-of-State Convictions: Specifies how out-of-state traffic violations are treated under South Dakota law.
Chapter 61:18:06 – Suspension: Previously outlined the suspension procedures; however, this chapter has been repealed.
Chapter 61:18:07 – Noncompliance: Discusses the consequences of failing to comply with licensing requirements.
Chapter 61:18:08 – Identification Documents: Sets forth the standards for identification documents related to driver's licenses.
Chapter 61:18:09 – Fraudulent Information: Addresses the provision of false information in the licensing process and the penalties for such actions.
Chapter 61:18:10 – Deference to Court: Specifies the deference given to court decisions in licensing matters.
Article 61:06 – Medical Standards for Drivers' Licenses
Chapter 61:06:01 – Vision Standards: Establishes the vision requirements for drivers and the procedures for assessing vision capabilities.
Chapter 61:06:02 – Altered States of Consciousness: Previously addressed medical conditions affecting consciousness; however, this chapter has been repealed.
Article 61:19 – Restricted Licenses
Chapter 61:19:01 – Eligibility: Defines the eligibility criteria for obtaining a restricted license.
Chapter 61:19:02 – Application: Outlines the application process for restricted licenses.
Chapter 61:19:03 – Determination: Describes how determinations regarding restricted licenses are made.
Chapter 61:19:04 – Limitations: Specifies the limitations imposed on holders of restricted licenses.
Chapter 61:19:05 – Grounds for Revocation: Lists the grounds upon which a restricted license may be revoked.
Article 61:33 – Burn Permits
Chapter 61:33:01 – Burn Permits: Establishes the requirements and procedures for obtaining burn permits within the state.
Case Law and Judicial Interpretations
While specific case law directly interpreting Title 61 regulations is limited, the South Dakota Supreme Court has addressed issues related to public safety and administrative rules in various contexts. For instance, in State v. Smith, 2003 SD 75, 667 N.W.2d 202, the Court examined the application of administrative rules in the context of driver's license suspensions. Such cases illustrate the judiciary's approach to interpreting and applying administrative regulations within the framework of state law.
Conclusion
Title 61 of the South Dakota Administrative Rules plays a crucial role in maintaining public safety standards across the state. Through its comprehensive regulations on driver licensing, medical standards, restricted licenses, and burn permits, it ensures that public safety is upheld in various facets of daily life. While direct case law interpreting these specific regulations is limited, the principles established in broader administrative law continue to guide their application and enforcement.
RELATED Blog
0 comments