The limitations of § 32-22-16 do not apply to the maximum gross weight per axle of any vehicle hauling solid waste. However, the maximum gross weight of such a vehicle may not exceed the total weight limitation of all the axles combined as provided by § 32-22-16, nor may any vehicle hauling solid waste exceed the maximum gross weight allowable per axle by five percent on any axle. This five percent exception does not apply to the interstate highway system. If enforcement action is taken, the fine or penalty shall apply to that portion of the load more than five percent above the legal limit. A violation of this section is a Class 2 misdemeanor.
SDCL 32-22-42.10