South Dakota limits who can get nondomiciled commercial driving permits

The department may issue nondomiciled permits and licenses to eligible applicants who meet federal rules and the listed state conditions. The rules cover applicants for nondomiciled commercial learner’s permits or commercial driver licenses, including eligible visa holders domiciled in a U.S. territory. Applicants must have one of the listed employment-based visas. Applicants who are not citizens or lawful permanent residents must provide an unexpired foreign passport and immigration form at each issuance, transfer, renewal, or upgrade. The department must check the applicant’s claimed immigration status and keep copies of application documents for at least two years. The document and status-check requirements apply at issuance, transfer, renewal, or upgrade. The department must keep document copies for at least two years.

The department must set a limited credential period and downgrade a credential if its holder is no longer eligible. These rules apply to nondomiciled commercial learner’s permits and commercial driver licenses issued under this section. The permit or license must expire on the date shown on the holder’s immigration form or within one year of issuance, whichever comes first. The credential must say “nondomiciled,” and applicants must surrender any nondomiciled permit or license issued by another state. Holders face the same disqualifications and conditions as other commercial permit and license holders.

Applicants must renew in person with proof they are allowed to stay in the United States; the department may renew some expired licenses without tests. These renewal rules apply to holders of nondomiciled commercial learner’s permits or commercial driver licenses issued under this section. The department may renew a commercial driver license without a skills or knowledge test only if it has been expired for less than one year. The in-person and proof requirements apply at each renewal. The test exception applies only when a commercial driver license has been expired for less than one year.