April 2, 1975
Colonel Dennis Eisnach
Superintendent of Highway Patrol
118 West Capitol
Pierre, South Dakota 57501
OFFICIAL OPINION NO. 75-56
Section 32-9-3 (7)
Dear Colonel Eisnach:
You have asked whether a motor carrier may haul commodities other than livestock (i.e., corn, cement, lumber) on his "return haul" and be exempt from buying compensation certificates under the exception found in SDCL 32-9-3 (7).
Exceptions to the definition of motor carriers required to be compensated must be strictly construed. Mitchell Produce Co. v. Morrison, 63 S.D. 127, l31, 257 N.W. 47, 49 (1934).
SDCL 32-9-3(7) provides:
Notwithstanding § 32-9-2, the following shall not be considered within the definition of "motor carriers," to wit:
(7) When operating a motor vehicle used by nonresident to haul livestock from without the state to a market within the state and his return;
This obviously means that the transportation of livestock from out of state by a nonresident to a market within South Dakota is exempt. This exception does not allow other commodities to be exempt on the return haul. Certainly other commodities are not exempt coming into South Dakota under this provision; therefore, they cannot be considered exempt on the way out. SDCL 32-9-3(7) applies to livestock only.
Respectfully submitted,
WILLIAM J. JANKLOW
ATTORNEY GENERAL
WJJ:MAG:rw
