Title 32 — MOTOR VEHICLES

Terms used in this chapter mean: (1) "Administrator," the secretary of revenue; (2) "Commercial vehicle," any vehicle which is operated in interstate commerce in furtherance of any commercial enterprise; (3) "Department," the Department of Revenue; (4) "Interstate commerce," the …

In the absence of an agreement or arrangement with any jurisdiction, the administrator may examine the laws and requirements of such jurisdiction and declare the extent and nature of exemptions, benefits, and privileges to be extended to vehicles properly registered or licensed i…

A person, firm, corporation, or limited liability company residing in or organized under the laws of South Dakota, but having a place of business in a foreign country, state, territory, or federal district and owning a motor vehicle used in connection with and garaged at such pla…

A person, firm, corporation, or limited liability company described in § 32-10-11 shall, on or before the first day of January of each year, file with the Department of Revenue a verified statement showing for the preceding year: (1) Total amount paid to the State of South Dakota…

An agreement or arrangement entered into, or a declaration issued under the authority of this chapter, may contain provisions under which a leased vehicle properly registered by the lessor thereof may be entitled subject to terms and conditions stated therein, to the exemptions, …

If no agreement, arrangement, or declaration is in effect with respect to another jurisdiction as authorized by this chapter, any vehicle properly registered or licensed in such other jurisdiction and for which evidence of compliance is supplied, shall receive, when operated in t…

Any owner engaged in operating one or more fleets, each consisting of one or more commercial vehicles in this state in interstate commerce, may, in lieu of registering each vehicle individually, register and license each fleet for operation in this state by filing a verified appl…

The application under § 32-10-15 for each fleet shall be accompanied by a total fee payment computed as follows: (1) Divide in - state miles by fleet miles; (2) Determine the total amount necessary to register every vehicle in the fleet for which registration is requested based o…

The administrator shall register the vehicles described and identified in an application pursuant to § 32-10-15 and shall issue a license plate or plates, or a vehicle registration card, or other suitable identification device, for each vehicle described in the application upon p…

No person may alter or forge, or may cause to be altered or forged, a vehicle registration card or other temporary registration device or copy thereof issued by the department pursuant to this chapter or chapter 32-9 . Any violation of this section is a Class 6 felony. Source: SL…

The administrator shall compute all fees pursuant to existing statutes for the vehicle being licensed and issue a distinctive single plate which shall be displayed upon the power unit and entitles that power unit to tow any trailer properly licensed in any jurisdiction. In additi…

If a power unit operating under the provisions of this chapter is taken out of service for any reason or if ownership of such power unit has been or is transferred to another owner, or is transferred out of the State of South Dakota, upon surrender of the license plate assigned t…

It is the policy of this state to promote and encourage the fullest possible use of its highway system by authorizing the making and execution of motor vehicle reciprocal or proportional registration agreements, arrangements, and declarations with other states, provinces, territo…

Proportionally registered interstate fleet vehicles registered and identified under § 32-10-17 shall be deemed to be fully licensed and registered in this state for any type of movement or operation, except that, in those instances in which a grant of authority is required for in…

Vehicles acquired by the owner after the commencement of the registration year and subsequently added to a proportionally registered fleet shall be proportionally registered by applying the mileage percentage used in the original application for such fleet for such registration p…

If any vehicle is withdrawn from a proportionally registered fleet during the period for which it is registered under the provisions of this chapter, the owner of such fleet shall so notify the administrator on appropriate forms to be prescribed by the administrator. The administ…

Application for proportional registration of an interstate fleet to be operated in this state for the first time shall state the mileage data with respect to such fleet for the preceding year in other jurisdictions and the estimated annual mileage for such fleet in this state. If…

The administrator may refuse to accept proportional registration applications for the registration of vehicles based in, or owned by residents of, another jurisdiction that does not grant similar registration privileges to fleet vehicles based in or owned by residents of this sta…

Any owner whose application for proportional registration has been accepted shall preserve the records on which the application is based for a period of four full years following the year or period upon which said application is based. Upon request of the administrator, the owner…

32-10-27 Statute as authority for proportional registration--Other statutes inapplicable. 32-10-28 Otherwise registered vehicles not required to be proportionally registered--Temporarily registered vehicles. 32-10-29 Suspension or cancellation of benefits to violating carrier. 32…

The provisions of § 32-10-10 and of §§ 32-10-15 to 32-10-27 , inclusive, and the other applicable provisions of this chapter shall constitute complete authority for the registration of fleet vehicles upon a proportional registration basis and without reference to or application o…

Nothing contained in this chapter relating to proportional registration of fleet vehicles shall be construed as requiring any vehicle to be proportionally registered if it is otherwise registered in this state for the operation in which it is engaged including, but not by way of …

Agreements, arrangements, or declarations made under the authority of this chapter may include provisions authorizing the administrator to suspend or cancel exemptions, benefits, or privileges granted thereunder for a violation of any of the conditions or terms of such agreements…

It is a Class 1 misdemeanor for any person to fail or refuse to surrender to the Department of Revenue upon its lawful demand any proportional license plates and registration card which has been suspended, revoked, or canceled. If any person shall fail to return the proportional …

The Department of Revenue may execute agreements, arrangements, or declarations to carry out the provisions of this chapter. The department may specify, by rules passed pursuant to chapter 1-26 , the requirements such agreements, arrangements, or declarations must conform to, bef…

Source: SL 1973, ch 2 , § 231; SL 1974, ch 3 , § 13; SL 2004, ch 17 , § 122; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011; SL 2021, ch 125 , § 9.

The secretary of revenue may promulgate rules pursuant to the provisions of chapter 1-26 to provide for a staggered registration system. Source: SL 2004, ch 210 , § 3; SL 2010, ch 158 , § 6; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.

Any fee paid pursuant to this chapter shall be calculated by assessing one - twelfth of the annual registration fee times the number of months or any portion thereof for which the vehicle is being licensed. Source: SL 2004, ch 210 , § 4.

Each interstate motor carrier registering a vehicle under the provisions of chapter 32-10 shall be allowed to select a renewal month of February, May, August, or November. Each license plate or validation decal issued on a staggered basis shall expire on the last day of the month…

All agreements, arrangements, and declarations authorized by this chapter shall be in writing and shall be filed in the office of the administrator. A copy of each agreement, arrangement, or declaration shall be filed within fifteen days after execution or the effective date of t…

All reciprocity and proportional registration agreements, arrangements, and declarations relating to vehicles in force and effect on February 25, 1961, shall continue in force and effect until specifically amended or revoked as provided by law or by such agreements or arrangement…

This chapter shall be, and be construed as, a part of and supplemental to the motor vehicle registration law of this state. Source: SL 1961, ch 237 , § 24.

If any phrase, clause, subsection, or section of this chapter shall be declared unconstitutional or invalid by any court of competent jurisdiction, it shall be conclusively presumed that the Legislature would have enacted this chapter without the phrase, clause, subsection, or se…

It is a Class 2 misdemeanor for any person operating a motor vehicle under the provisions of this chapter to operate a motor vehicle upon the highways of this state who does not have in his possession registration cards evidencing full and proper licensing of that particular vehi…

Fees collected by the secretary of revenue and not otherwise provided for shall be distributed as provided by this section. Fees collected under chapter 32-10 by the secretary of revenue pursuant to § 32-5B-1 shall be deposited in the state highway fund. Fees collected under chap…

In addition to any information the department may require to title a vehicle, an applicant licensing in accordance with the provisions of this chapter or the terms of an agreement authorized by this chapter and entered into with other jurisdictions shall provide the department wi…

Any billing for fees arising from licensing pursuant to the provisions of this chapter or the terms of an agreement authorized by this chapter and entered into with other jurisdictions shall be due and owed upon receipt. Any billing resulting from issuing temporary operating auth…

If a motor vehicle is proportionally registered in South Dakota with the department and the vehicle may not be operated on highways of this state because of a lease cancellation, the owner of the vehicle, upon proof of ownership, may obtain an unladen vehicle permit from the Depa…

Application for an unladen vehicle permit shall be made on forms prescribed by the administrator. The application shall be made to the Department of Public Safety. The application shall provide an acceptable proof to the Department of Public Safety attesting that the owner of the…

The Department of Revenue may enter into an agreement or arrangement with the duly authorized representatives of another jurisdiction, granting to vehicles or to owners or operators of vehicles which are properly registered or licensed in such jurisdiction and for which evidence …

Nothing in §§ 32-10-38 and 32-10-39 changes the vehicle owner's duty to timely file any necessary fuel tax returns or reports and to timely pay any fuel taxes owed to any state. Source: SL 2018, ch 189 , § 3.

The administrator may promulgate rules, pursuant to chapter 1-26 , in the following areas regarding unladen vehicle permits: (1) Design and content of the permit; (2) Revocation, denial, and suspension of the permit; (3) Procedures; and (4) Application requirements. Source: SL 20…

An agreement or arrangement pursuant to § 32-10-4 shall provide that vehicles properly registered or licensed in this state when operated upon highways of such other jurisdiction shall receive exemptions, benefits, and privileges of a similar kind or to a similar degree as are ex…

If any jurisdiction permits or requires the licensing of fleets of vehicles in interstate or combined interstate and intrastate commerce and payment of registration fees, license taxes, or other fixed fees thereon on an apportionment basis commensurate with and determined by the …

Agreements pursuant to § 32-10-6 , under such terms, conditions, or restrictions as the administrator deems proper, may provide that owners or operators of vehicles operated in interstate or combined interstate and intrastate commerce in this state shall be permitted to pay regis…

No agreement pursuant to § 32-10-6 shall authorize, or be construed as authorizing, any vehicle registered under § 32-10-7 to be operated in intrastate commerce in this state unless the owner or operator thereof has been granted intrastate authority or rights by the South Dakota …

32-10-10 Administrator's authority to examine laws of foreign jurisdiction to determine local benefits. 32-10-11 Reciprocity--Local resident with vehicles registered out of state. 32-10-12 Eligibility for reciprocity--Annual statement--Contents. 32-10-13 Reciprocity--Leased vehic…

Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2025, ch 44 , § 16.