South Dakota DVIR and vehicle inspection rules

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Last reviewed November 12, 2026.

This page summarizes what we could verify from official sources about how South Dakota applies driver vehicle inspection and related vehicle-inspection rules. It is not a complete reprint of South Dakota law.

Interstate operations

If you operate a commercial motor vehicle in interstate commerce to, from, or through South Dakota, the federal Motor Carrier Safety Regulations (FMCSRs) apply, including 49 CFR Part 396 and the DVIR rules in § 396.11 and § 396.13. State rules do not replace those federal interstate requirements. Start with What a DVIR is and who must complete one.

State agency

For South Dakota-specific questions, including how the rules apply to operations that stay entirely inside South Dakota, contact South Dakota Department of Public Safety.

What official sources say about state adoption

Official South Dakota law, SDCL § 49-28A-3, as amended by Chapter 184 (Senate Bill 10), signed February 13, 2026, adopts specified federal hazardous-materials and motor-carrier safety regulations, including Title 49, subtitle B, chapter III, subchapter B, part 387 and parts 390 to 397, inclusive, as amended through January 1, 2026, with modifications set out in the statute.

Intrastate operations and variations

The official 2026 amendment states that all references to interstate operations must also include intrastate operations, except that drivers and motor carriers operating intrastate vehicles and combinations with a gross vehicle weight rating, gross combination weight rating, gross vehicle weight, or gross combination weight that does not equal or exceed 26,001 pounds, which are not used to transport hazardous materials requiring placarding under part 177, or designed to transport more than fifteen passengers, including the driver, are not subject to parts 390 to 397, inclusive.

The same statute also modifies the minimum driver age for certain operations and states that, unless required by an employer to be medically certified under Title 49, intrastate drivers are exempt from the physical requirements of 49 C.F.R. § 391.41. Those age and medical items are not DVIR rules, but they show how South Dakota modifies the adopted federal package for in-state operations. A violation of part 387 and parts 390 to 396, inclusive, is a Class 2 misdemeanor under the official text we reviewed.

Confirm current application, and any later amendment, with the South Dakota Department of Public Safety.

Related federal guides

• What a DVIR is and who must complete one
• The post-trip driver vehicle inspection report
• The pre-trip inspection and reviewing the last DVIR
• Defects, repairs, and driver acknowledgment
• Record retention and carrier responsibilities
• Electronic DVIRs
• All state guides

Sources

• 2026 South Dakota Session Laws, Chapter 184 (Senate Bill 10), official Legislative Research Council session-law PDF amending SDCL § 49-28A-3
• South Dakota Department of Public Safety

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