The following are exempt from the provisions of this chapter:

(1) Operators involved in farm to market transportation movements, at least sixteen years of age holding a valid operator’s license, limited to those operators of a farm vehicle:

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(a) Controlled and operated by a farmer;

(b) Used to transport either agricultural products, farm machinery, or farm supplies to or from a farm; and

(c) Not used in the operations of a common or contract motor carrier;

(2) Operators of emergency fire fighting equipment necessary to the preservation of life or property or the execution of emergency governmental functions performed under emergency conditions that are not subject to normal traffic regulation, or nonemergency conditions when operated by members of a fire fighting agency;

(3) Operators of commercial motor vehicles for military purposes including:

(a) Active duty military personnel;

(b) Members of the military reserves;

(c) Members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training and national guard military technicians (civilians who are required to wear military uniforms); and

(d) Active duty U.S. Coast Guard personnel;

(4) Operators of recreational vehicles;

(5) Operators of rental transporting equipment used as personal family use vehicles; and

(6) Operators of a covered farm vehicle as defined in 49 C.F.R. § 390.5 as of January 1, 2015.

United States reserve technicians are not exempt under the provisions of subdivision (3) of this section.

Source: SL 1989, ch 267, § 7; SL 1995, ch 180; SDCL § 32-12-85; SL 2001, ch 171, §§ 79, 115; SL 2004, ch 213, § 2; SL 2005, ch 167, § 10, eff. Sept. 30, 2005; SL 2007, ch 182, § 3; SL 2015, ch 168, § 8.