South Dakota Administrative Code

Rule 64:28:03:01 Repealed. 64:28:03:01. Use of application.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:02:03:01, 12 SDR 111, effective January 12, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 17 SDR …

Rule 64:28:03:02 Signature of owner required. 64:28:03:02. Signature of owner required. The application shall be signed by the owner of record or by an authorized agent for the owner of record. An attached power of attorney shall verify the appointment of the authorized agent. So…

Rule 64:28:03:03 Repealed. 64:28:03:03. Application for title with no tax paid.Repealed. Source: 12 SDR 111, effective January 12, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 14 SDR 95, effective January 10, 1988; repealed, 17 SDR 4, effective July 18, 1990.

Rule 64:28:03:04 Damage disclosure statement. 64:28:03:04. Damage disclosure statement. A damage disclosure statement may be obtained from any county treasurer's office or the Division of Motor Vehicles, 445 E. Capitol, Pierre, South Dakota 57501-3185. The Division of Motor Vehic…

64:28:03:04.01. Damage noted on titles prior to July 1, 1992, and prior to July 1, 1999. Repealed. Source: 19 SDR 42, effective September 29, 1992; 27 SDR 147, effective July 8, 2001; 29 SDR 177, effective July 2, 2003; 50 SDR 157, effective July 1, 2024.

Rule 64:28:03:04.02 Repealed. 64:28:03:04.02. Proof of damage.Repealed. Source: 20 SDR 104, effective January 10, 1994; repealed, 23 SDR 117, effective January 27, 1997.

Rule 64:28:03:04.03 Repealed. 64:28:03:04.03. Verification of cost of repair of damaged vehicle. Repealed. Source: 20 SDR 104, effective January 10, 1994; 27 SDR 147, effective July 8, 2001; 29 SDR 177, effective July 2, 2003; 32 SDR 58, effective October 25, 2005; repealed, SL 2…

Rule 64:28:03:04.04 Design and display of notice that discloses a salvage brand or other similar brand denoting damage to a vehicle. 64:28:03:04.04. Design and display of notice that discloses a salvage brand or other similar brand denoting damage to a vehicle. The notice must be…

Rule 64:28:03:05 Out-of-state "junking" title. 64:28:03:05. Out-of-state "junking" title. A motor vehicle that has a title indicating "junked," "junking," or other similar language issued by any other state or jurisdiction shall receive a South Dakota junking certificate. Source:…

Rule 64:28:03:06 Transferred. 64:28:03:06. Transferred to § 64:29:03:05.

Rule 64:28:03:07 Transferred. 64:28:03:07. Transferred to § 64:29:03:06.

Rule 64:28:03:08 Authorization of owner required. 64:28:03:08. Authorization of owner required. The Division of Motor Vehicles requires authorization from the title owner to send the vehicle title to the party holding a superior lien on the titled vehicle. This authorization may …

Rule 64:28:03:09 Titling vehicles in both business and personal names of a licensed automobile dealer. 64:28:03:09. Titling vehicles in both business and personal names of licensed automobile dealer. An application for a vehicle title submitted in the names of both a vehicle deal…

Rule 64:28:03:10 Repealed. 64:28:03:10. Titling a vehicle which has previously been issued a junking certificate.Repealed. Source: 17 SDR 4, effective July 18, 1990; repealed, 29 SDR 177, effective July 2, 2003.

Rule 64:28:03:11 Repealed. 64:28:03:11. Odometer notation on certificates of title. Repealed. Source: 19 SDR 42, effective September 29, 1992; 47 SDR 74, effective December 23, 2020.

Rule 64:28:03:12 Determination of body type. 64:28:03:12. Determination of body type. The department shall use the body type shown on the manufacturer's statement of origin in assigning the body type of a vehicle when it is titled. The department shall issue a certificate of titl…

Rule 64:28:04:01 Application requirements when vehicle is purchased from an authorized South Dakota licensed dealer. 64:28:04:01. Application requirements when vehicle is purchased from an authorized South Dakota licensed dealer. The manufacturer's statement of origin which is is…

Rule 64:28:04:02 Repealed. 64:28:04:02. Application requirements when vehicle is purchased from an authorized dealer of another state.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:02:04:02, 12 SDR 111, effective January …

Rule 64:28:04:03 Repealed. 64:28:04:03. Farm trailers exempt from titling.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:02:04:03, 12 SDR 111, effective January 12, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; re…

Rule 64:28:05:01 Repealed. 64:28:05:01. Requirements for South Dakota certificate of title.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 9 SDR 105, effective February 13, 1983; transferred from § 61:02:05:01, 12 SDR 111, effective January 12,…

Rule 64:28:05:02 Dealer reassignment form used for transfer of ownership. 64:28:05:02. Dealer reassignment form used for transfer of ownership. South Dakota licensed dealers may use a dealer reassignment form for transfer of ownership if the foreign certificate of title or owners…

Rule 64:28:06:01 Repealed. 64:28:06:01. Application made to the county treasurer.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:02:07:01, 12 SDR 111, effective January 12, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1…

Rule 64:28:06:02 Application made by owner of record or agent holding power of attorney. 64:28:06:02. Application made by owner of record or agent holding power of attorney. Application for duplicate certificate of title may be made by the owner of record or by an authorized agen…

Rule 64:28:06:03 Acceptance of application for duplicate certificate of title. 64:28:06:03. Acceptance of application for duplicate certificate of title. The owner may apply for a duplicate certificate of title only if the original document or a previously issued duplicate title …

Rule 64:28:06:04 Lien holder's approval required for issuance of duplicate title. 64:28:06:04. Lien holder's approval required for issuance of duplicate title. Lien holders shall approve the issuance of a duplicate certificate of title when the department's records indicate that …

Rule 64:28:07:01 Corrections and alterations void certificate of title. 64:28:07:01. Corrections and alterations void certificate of title. Alterations and corrections on the certificate of title either on the face or reverse side of the document void the certificate of title. If…

Rule 64:28:07:02 Issuance of duplicate certificate of title voids previous document. 64:28:07:02. Issuance of duplicate certificate of title voids previous document. Only one certificate of title shall exist on a vehicle. The issuance of a duplicate certificate of title shall aut…

Rule 64:28:07:03 Disposition of the original title when a duplicate title is issued. 64:28:07:03. Disposition of the original title when a duplicate title is issued. When a lost original certificate of title for which a duplicate certificate of title was issued is found, the orig…

Rule 64:28:09:01 Assignment of certificate of title made by owner of record or appointed agent. 64:28:09:01. Assignment of certificate of title made by owner of record or appointed agent. Assignment of a certificate of title may be made by the owner or owners of record or by an a…

Rule 64:28:09:02 Transfer of ownership. 64:28:09:02. Transfer of ownership. Except as provided in SDCL 32-3-6, 32-3-24, and 32-3-64 and in §§ 64:28:05:02 and 64:28:09:03.01, transfer of ownership shall be made by an assignment on the reverse side of the certificate of title. Sepa…

Rule 64:28:09:03 Repealed. 64:28:09:03. Disposition of certificates of title that have been assigned. Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982; 9 SDR 105, effective February 13, 1983; transferred from § 61:02:10:03, 12 SDR 111, effective …

Rule 64:28:09:03.01 Titling older vehicle when title exists but unavailable. 64:28:09:03.01. Titling older vehicle when title exists but unavailable. If the seller of a vehicle which is eleven years old or older, for which a record exists, fails to deliver the title to the purcha…

Rule 64:28:09:04 Transmittal of certificate of title on which there is an undischarged lien. 64:28:09:04. Transmittal of certificate of title on which there is an undischarged lien. The county treasurer may accept for transmittal to the department an assigned South Dakota certifi…

Rule 64:28:09:05 Repealed. 64:28:09:05. Lien holder responsible for discharge of liens.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:02:10:05, 12 SDR 111, effective January 12, 1986; 13 SDR 129, 13 SDR 134, effective Jul…

Rule 64:28:09:06 Assignment of out-of-state certificates of title and ownership certificates. 64:28:09:06. Assignment of out-of-state certificates of title and ownership certificates. A person listed as the assignee on an assignment of a foreign certificate of title or ownership …

Rule 64:28:09:06.01 Licensed dealer to attach proof of assignment on ownership documents of foreign vehicles accepted in trade. 64:28:09:06.01. Licensed dealer to attach proof of assignment on ownership documents of foreign vehicles accepted in trade. Licensed South Dakota dealer…

Rule 64:28:09:07 Repealed. 64:28:09:07. Reassignments of South Dakota certificate of title.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:02:10:07, 12 SDR 111, effective January 12, 1986; 13 SDR 129, 13 SDR 134, effective…

Rule 64:28:09:08 Application for transfer. 64:28:09:08. Application for transfer. To ensure the legal transfer of a vehicle title, no title transfer application may be honored unless the transfer is made by the vehicle's title owner of record or the owner's authorized representat…

Rule 64:28:09:09 Glider kits, trailer kits, and homemade trailers -- No penalty. 64:28:09:09. Glider kits, trailer kits, and homemade trailers -- No penalty. Glider kits, trailer kits, and homemade trailers are not motor vehicles as defined by SDCL 32-3-1(11) until they are assem…

Rule 64:28:10:01 Correct application information required -- Title fee applies if incorrect title issued based on original application. 64:28:10:01. Correct application information required -- Title fee applies if incorrect title issued based on original application. A title appl…

Rule 64:28:10:02 No fee charged for correction of department error. 64:28:10:02. No fee charged for correction of department error. A correction is free of charge when the department is responsible for the error. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1,…

Rule 64:28:10:03 Disposition of incorrect certificates of title. 64:28:10:03. Disposition of incorrect certificates of title.Either the county treasurer, the dealer, or the owner shall return certificates of title with errors for correction to the department with a statement of f…

Rule 64:28:11:01 Requirements for correction of title. 64:28:11:01. Requirements for correction of title. The following requirements for correction of title shall be met when a motor vehicle has been converted from one class to another: (1) The original certificate of title of mo…

Rule 64:28:11:02 Repealed. 64:28:11:02. Exchange of motors.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:02:12:02, 12 SDR 111, effective January 12, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 17 SDR …

Rule 64:28:11:03 Repealed. 64:28:11:03. Purchase price -- Rebuilt vehicle.Repealed. Source: 12 SDR 111, effective January 12, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 14 SDR 95, effective January 10, 1988.

Rule 64:28:12:01 Notation of liens on applications for South Dakota certificate of title. 64:28:12:01. Notation of liens on applications for South Dakota certificate of title. If an application for an initial certificate of title is made to the county treasurer, the applicant sha…

Rule 64:28:12:02 Repealed. 64:28:12:02. Lien noted on certificate of title.Repealed. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:02:13:02, 12 SDR 111, effective January 12, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; r…

Rule 64:28:12:03 Requirements for notation of lien on file. 64:28:12:03. Requirements for notation of lien on file. A lien may not be noted on the file or a notation of lien slip completed and forwarded to the department unless the lien is noted on the original certificate of tit…

Rule 64:28:12:04 File or record of chattel mortgage. 64:28:12:04. File or record of chattel mortgage. The county treasurer is not required to file or record a chattel mortgage or similar instrument covering a motor vehicle only. The instrument shall be noted on the certificate of…

Rule 64:28:12:05 Mixed mortgages. 64:28:12:05. Mixed mortgages. If the security for a mixed mortgage includes a motor vehicle and other chattel property, the county treasurer may not refuse to file or record the mixed mortgage. Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, ef…