South Dakota Administrative Code

61:24:03:08. Dealer lists. Repealed. Source: 24 SDR 31, effective September 17, 1997; 50 SDR 157, effective July 1, 2024.

Rule 61:24:03:09 Dealer insurance requirement. 61:24:03:09. Dealer insurance requirement. Upon application for an initial dealer license, the dealer shall furnish a copy of the liability insurance policy before issuance of the license. The dealer shall certify that the insurance …

Rule 61:24:03:10 Dealer surety bond. 61:24:03:10. Dealer surety bond. Upon application for an initial dealer license, a dealer shall furnish the original surety bond before issuance of a license. The original surety bond must be of a continuous nature unless it is revoked or canc…

Rule 61:24:03:11 Access fee. 61:24:03:11. Access fee. A dealer or lender who has on-line access to motor vehicle information for obtaining vehicle information or submitting title applications shall pay a $.25 per transaction fee to the Department of Revenue and Regulation. Source…

61:24:03:12. Exemption from on-line requirements. Repealed. Source: 35 SDR 48, effective September 8, 2008; 45 SDR 83, effective December 18, 2018; 50 SDR 157, effective July 1, 2024.

61:24:03:13. Billing requirements. A dealer or lender is billed monthly for the use of the online system if the balance due is over fifty dollars. If the balance is fifty dollars or less, the user is billed when the balance reaches fifty dollars or at the time of renewal, whichev…

Rule 61:24:03:14 Filing requirements. 61:24:03:14. Filing requirements. A dealer has fifteen days from the date of sale of any motor vehicle or boat to a South Dakota resident to submit the application through the on-line system, if title or MSO/MCO is available. If a title is no…

Rule 61:24:04:01 Design of demonstration/in-transit permit. 61:24:04:01. Design of demonstration/in-transit permit. The vehicle dealer's demonstration/in-transit permit shall be printed on blue paper durable enough to maintain its shape and the clarity of the information printed …

Rule 61:24:04:02 Repealed. 61:24:04:02. Design of temporary 30-day license permit. Repealed. Source: 16 SDR 111, effective January 7, 1990; 23 SDR 117, effective January 27, 1997; 28 SDR 178, effective July 1, 2002; repealed, 35 SDR 48, effective September 8, 2008.

Rule 61:24:04:03 Repealed. 61:24:04:03. Design of motorcycle, boat, trailer, and snowmobile temporary 30-day license permit. Repealed. Source: 16 SDR 111, effective January 7, 1990; 23 SDR 117, effective January 27, 1997; 24 SDR 180, effective July 1, 1998; 25 SDR 167, effective …

Rule 61:24:04:04 Reserved. 61:24:04:04. Reserved.

Rule 61:24:04:05 Design of demonstration/in-transit permit for a boat, trailer, motorcycle, or snowmobile. 61:24:04:05. Design of a demonstration/in-transit permit for a boat, trailer, motorcycle, or snowmobile. The dealer's demonstration/in-transit permit for a boat, trailer, mo…

Rule 61:24:04:06 Repealed. 61:24:04:06. Design of dealer's car auction agency in-transit permit.Repealed. Source: 27 SDR 147, effective July 8, 2001; repealed, 29 SDR 177, effective July 2, 2003.

Rule 61:24:04:07 45-day sold permit requirements. 61:24:04:07. 45-day sold permit requirements. A licensed dealer shall issue a 45-day sold permit which shall comply with the following requirements: Be on white paper no larger than 8-1/2 by 11 and no smaller than 4 by 6-1/4 and i…

61:24:04:08. Special plate order permit. Transferred to § 64:29:03:11. Source: 35 SDR 48, effective September 8, 2008; SL 2015, ch 156, § 20, effective July 1, 2015; 50 SDR 157, effective July 1, 2024.

Rule 61:24:06:01 Certification of pool required. 61:24:06:01.Certification of pool required. No pool of assets established to satisfy a vehicle dealer's bonding requirements may operate until the pool arrangement has been certified by the department to meet the requirements of SD…

Rule 61:24:06:02 Application for operation of dealer bond pool. 61:24:06:02.Application for operation of dealer bond pool. Members of an incorporated automobile dealers' association establishing a pool of assets to satisfy the vehicle dealer bond requirements shall submit a writt…

Rule 61:24:06:03 Escrow or trust agreement contents. 61:24:06:03.Escrow or trust agreement contents. In addition to the conditions set forth in SDCL 32-6B-7.1, each escrow or trust agreement must include the following conditions in its terms: (1)That the escrow agent or trustee p…

Rule 61:24:06:04 Verification, certification, or denial. 61:24:06:04.Verification, certification, or denial. Upon receipt of an application, the department administrator shall verify the facts set forth. The department shall certify the bond pool if, upon verification, all requir…

Rule 61:24:06:05 Vehicle dealer's duties. 61:24:06:05.Vehicle dealer's duties. Each vehicle dealer who joins a bond pool must notify the department administrator of participation. A vehicle dealer must also notify the department administrator of termination of participation in th…

Rule 61:24:07:01 Definitions. 61:24:07:01.Definitions. Terms used in this chapter mean: (1)"Clear and conspicuous," presentation of a statement, representation, or term in a manner that is readily apparent and understood by the person to whom it is being addressed, considering su…

Rule 61:24:07:02 Use of the word "free." 61:24:07:02.Use of the word "free." No dealer may use the term "free" or similar representations in advertising unless the advertiser complies with the federal trade commission's "Guide Concerning Use of the Word 'Free' and Similar Represe…

Rule 61:24:07:03 Warranty advertisement. 61:24:07:03.Warranty advertisement. If a warranty or guaranty is offered in an advertisement, the advertisement shall disclose any limitation of the warranty or guaranty concerning its duration, the inclusion or exclusion of service or lab…

Rule 61:24:07:04 Motor vehicle price disclosure. 61:24:07:04.Motor vehicle price disclosure. An advertisement stating an offering price for a motor vehicle offered for sale must state the effective period of the advertisement. A motor vehicle offered for sale bearing a Monroney s…

Rule 61:24:07:05 Supplemental stickers. 61:24:07:05.Supplemental stickers. A supplemental sticker may state only the offering price or may state the offering price and accurately itemize and describe any charges added to the Monroney sticker price or to the manufacturer's suggest…

Rule 61:24:07:06 Advertising and sales presentation requirements. 61:24:07:06.Advertising and sales presentation requirements. An advertiser may not use an advertisement or sales presentation offering or making available for sale a new or used motor vehicle if the advertisement d…

Rule 61:24:07:07 Bait and switch plans. 61:24:07:07.Bait and switch plans. Any one of the following is prima facie evidence of a bait and switch plan or scheme: (1)Refusing to show, display, sell, or otherwise provide the goods or services advertised in accordance with the terms …

Rule 61:24:07:08 Advertising at cost or invoice. 61:24:07:08.Advertising at cost or invoice. A dealer may not use the terms "dealer cost," "inventory price," "factory invoice," "invoice," "wholesale," and "factory billing" in advertising. Source: 18 SDR 203, effective July 1, 199…

Rule 61:24:07:09 Used vehicles. 61:24:07:09.Used vehicles. Used motor vehicles may not be advertised by a dealer in any manner which creates the impression they are new. Source: 18 SDR 203, effective July 1, 1992. General Authority:SDCL 32-6B-63. Law Implemented:SDCL 32-6B-63.

Rule 61:24:07:10 Rebates and financing rates. 61:24:07:10.Rebates and financing rates. A dealer may not advertise an offer of a manufacturer's or distributor's rebate, refund, discount, or other financial inducement or incentive of any type unless the advertisement clearly and co…

Rule 61:24:07:11 Factory sales -- Wholesale prices. 61:24:07:11.Factory sales -- Wholesale prices. A dealer may not advertise the sale of motor vehicles in a manner that conveys to the public that the vehicles are being offered for sale by the manufacturer or distributor of the v…

61:25:01:01. Commercial driver license standards, requirements, and penalties. The commercial driver license standards, requirements, and penalties adopted by the U.S. Department of Transportation in 49 C.F.R. Parts 383, 390, 391, and 392 as of January 1, 2015 are the rules of So…

Rule 61:25:02:01 Mileage limit for farm waiver. 61:25:02:01. Mileage limit for farm waiver. The exemption for farm vehicle operators provided by subdivision (1) of SDCL 32-12A-9 applies within 150 miles of the person's farm. Source: 16 SDR 88, effective November 16, 1989; 33 SDR …

Rule 61:25:03:01 Disqualification for life for multiple violations. 61:25:03:01. Disqualification for life for multiple violations. The term "disqualification for life" means a period of ten years. This ten-year period applies to a disqualification for life that was imposed pursu…

Rule 61:25:04:01 Definitions. 61:25:04:01. Definitions. Terms used in this chapter mean: (1) "Department," South Dakota Department of Public Safety; (2) "CDL," commercial driver license; (3) "CLP," commercial learner's permit; (4) "FMCSA," Federal Motor Carrier Safety Administrat…

Rule 61:25:04:02 Employment of department employees prohibited. 61:25:04:02. Employment of department employees prohibited. No third-party tester certified under the provisions of this chapter may engage the service of an employee of the department as an examiner, agent, or emplo…

61:25:04:03. Requirements for driver testing record. Each driver testing record must include the following: (1) The complete name of the driver; (2) The driver's license number, and the name of the state or jurisdiction that issued the license held by the driver at the time of th…

Rule 61:25:04:04 Requirements for third-party examiner records. 61:25:04:04. Requirements for third-party examiner records. Each third-party examiner record must include the following: (1) A valid examiner certificate issued by the department upon meeting the requirements as indi…

61:25:04:05. Requirements for third-party testers. To be licensed, a third-party tester must: (1) Apply to the department, as provided in § 61:25:04:08, and enter into an agreement with the department; (2) Maintain a place of business with at least one permanent regularly occupie…

Rule 61:25:04:06 Requirements for third-party examiners. 61:25:04:06. Requirements for third-party examiners. Third-party examiners may conduct skill tests on behalf of only one third-party tester at any given time. If a third-party examiner leaves the direction or control of a t…

Rule 61:25:04:07 Specific requirements for certain third-party testers. 61:25:04:07. Specific requirements for certain third-party testers. In addition to the requirements listed in § 61:25:04:05, all third-party testers who are not governmental entities or an association shall m…

Rule 61:25:04:08 General requirements for licenses and identification cards. 61:25:04:08. General requirements for certificates. The department shall issue a certificate to a third-party tester who meets the requirements of § 61:25:04:05 that allows the tester to operate an appro…

Rule 61:25:04:09 Applications for third-party examiner certificate. 61:25:04:09. Application for third-party examiner certificate. Application for an examiner certificate must be made on a form supplied by the department. The form must include at least the following information: …

Rule 61:25:04:10 Evaluation of applicants by the department. 61:25:04:10. Evaluation of applicants by the department. The department shall evaluate the materials submitted by the third-party tester applicant and the need for CDL skills testing in the area where the third-party te…

Rule 61:25:04:11 Application for third-party tester certificate. 61:25:04:11. Application for third-party tester certificate. Before a third-party tester certificate is issued, the tester shall apply for a certificate in writing to the department on a form furnished by the depart…

Rule 61:25:04:12 Third-party tester agreement. 61:25:04:12. Third-party tester agreement. An applicant for a third-party tester or third-party examiner certificate shall execute an agreement form provided by the department in which the applicant agrees, at a minimum, to comply wi…

Rule 61:25:04:13 On-site inspections and audits. 61:25:04:13. On-site inspections and audits. Each applicant for a third-party tester certificate shall permit the FMCSA or the department to inspect and audit its operations, facilities, and records that relate to its third-party t…

Rule 61:25:04:14 Professional conduct. 61:25:04:14. Professional conduct. No examiner, employee, or agent of the third-party licensee may accompany a commercial driver license applicant into an examining office rented, leased, or owned by the department for the purpose of taking …

Rule 61:25:04:15 Advertising. 61:25:04:15. Advertising. No advertisement may indicate in any way that a program can issue or guarantee the issuance of a commercial driver's license, imply that the program can in any way influence the department in the issuance of a commercial dri…

Rule 61:25:04:16 Insurance requirements. 61:25:04:16. Insurance requirements. Each third-party tester shall maintain bodily injury and property damage liability insurance on motor vehicles used in driving tests, insuring the liability of the testing program, the examiner, and any…