§ 32-12-61 — Individual records of accidents, convictions, disqualifications, and other licensing actions--Certain convictions and accidents recorded separately.

The Department of Public Safety shall file all abstracts of court records of convictions received by it under the laws of this state and all accident reports received. The Department of Public Safety shall maintain records or make suitable notations on the individual record of each licensee and any person domiciled in this state who is required to have a driver license showing the convictions, disqualifications, and other licensing actions for violations of any state or local law relating to motor vehicle traffic control committed while the licensee or person was operating any type of vehicle and the traffic accidents in which the licensee or person has been involved. The information shall be readily ascertainable and available for the consideration of the department upon any application for renewal of a license. However, with the exception of convictions resulting from operation of a commercial motor vehicle, no conviction for speeding which is ten miles per hour or less over the posted speed limit and no speeding conviction received from another state may be entered on the licensee's driving record, but may be recorded separately. The separate record may not be made available to the public. No accident may be entered on the driving record of a law enforcement officer, firefighter, or emergency medical technician if the accident occurred while the law enforcement officer, firefighter, or emergency medical technician was lawfully engaged in the performance of official duties as a law enforcement officer, firefighter, or emergency medical technician and the law enforcement officer, firefighter, or emergency medical technician was driving an emergency vehicle. The accident shall be recorded separately. No accident may be entered on the driving record of an operator of emergency snow removal equipment if the accident occurred while the operator's response to an emergency call of duty as an operator of emergency snow removal equipment and the operator was lawfully engaged in the performance of official duties in support of an emergency call of duty by a law enforcement officer, firefighter, or emergency medical technician and was driving official snow removal equipment. The accident shall be recorded separately.

Legislative History

SL 1959, ch 261, § 15; SDC Supp 1960, § 44.03B15 (2); SL 1977, ch 258; SL 1982, ch 18, § 25; SL 1982, ch 238; SL 1985, ch 406, § 20; SL 1986, ch 255; SL 1987, ch 230; SL 1989, ch 267, § 39; SL 1996, ch 207, § 12; SL 2004, ch 17, § 133; SL 2005, ch 167, § 1; SL 2007, ch 181, § 1; SL 2008, ch 162, § 3; SL 2014, ch 240, § 3.