Whether or not a motor vehicle, trailer, or semitrailer is operated by a motor carrier within the meaning of subdivisions 49-28-1(7) and (8) is a question of fact to be determined by the department.

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Source: SDC 1939, § 44.0401 (9); SL 1939, ch 173; SL 1949, ch 168; SL 1950 (SS), ch 10; SL 1953, ch 236; SL 1955, ch 178; SL 1985, ch 374, § 4; SL 1995, ch 259, § 2; SL 2006, ch 234, § 2.