Title 32 — MOTOR VEHICLES
55 chapters · 1,941 sections in this title.
SDCL § 32-3-69.4 Electronic title and registration system--ERT provider contract--Fee for services
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The department shall enter into contracts with one or more qualified ERT providers to integrate with the electronic title and registration system and other necessary, related state systems to provide software and programs to approved entities, the department, and county treasurer…
SDCL § 32-3-69.5 Electronic title and registration system--Electronic documents--Electronically submitted signatures
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Any reference in this chapter to a "certificate of title" also applies to an electronic record of title under the electronic title and registration system required by §
SDCL § 32-3-69.6 Electronic title and registration system--No paper title--Exceptions--Paper title application--Form--Lien
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If a title is held electronically, no paper title will be printed, except in the following circumstances: (1) The owner is relocating to another state, and there is no electronic system in place to transfer the title electronically between the states; (2) The owner has sold the t…
SDCL § 32-3-7.1 Extension of time to deliver certificate of title to secondhand vehicle--Temporary license permit
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If a licensed dealer does not deliver title within forty-five days as required by § 32-3-7 , and the dealer has satisfied any lien in compliance with chapter 32-6B , 32-6C , 32-7A , or 32-7B and the delay in delivering title was caused because the lien holder failed to release th…
SDCL § 32-3-70 Electronic lien filing system--Paper title--Liability for noting or canceling lien in error
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Notwithstanding any other provision of this title, the department may provide for an electronic lien filing system. If a lien has been noted electronically in the electronic lien filing system, no paper title may be issued to the owner of record or the lienholder. A paper title s…
SDCL § 32-3-71 Low-speed vehicles
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A low-speed vehicle which meets the requirements of Part 49 Section 571.500 of the Code of Federal Regulations as amended to January 1, 2008, shall be issued a title. The manufacturer certificate of origin or vehicle title shall clearly identify the vehicle as a low-speed vehicle…
SDCL § 32-3-72 Local law enforcement officers to provide certain information to motor vehicle repossession businesses
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Any person in the business of repossessing motor vehicles may request any local law enforcement officer to provide the license plate number and color of a motor vehicle licensed in South Dakota. If a person in the business of repossessing motor vehicles provides a copy of the con…
SDCL § 32-3-73 Delivery of manufacturer's statement or certificate of origin upon sale and delivery--Default on sale--Notice--Violation as misdemeanor
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Any dealer, upon the sale and delivery of any new motor vehicle, shall, within forty-five days of the sale and delivery of the new motor vehicle, deliver to the purchaser the manufacturer's statement of origin or manufacturer's certificate of origin for the motor vehicle. However…
SDCL § 32-3-74 Information to be provided to auction agency taking possession of vehicle at insurer's request
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If an insurer requests that an auction agency take possession of a motor vehicle that is the subject of an insurance claim and there is no total loss claim payment that results in transfer of ownership to the insurer of the motor vehicle, the department, upon request of the aucti…
SDCL § 32-3-75 SDCL 32-3-75
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Upon an auction agency's receipt of title, the motor vehicle shall be sold by the auction agency, and any excess proceeds received from the sale, beyond settlement of the reasonable charges incurred by the auction agency, shall be paid jointly to the owner and any prior lienholde…
SDCL § 32-3-76 The auction agency seeking title under this section shall send written notice by certified mail, or a similar service that provides proof of delivery, to the owner of the motor vehicle and any readily identifiable lienholder of record at the owner's or lienholder's last known address
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The notice shall include the location of the motor vehicle; the circumstance surrounding acquisition of the motor vehicle; reasonable charges incurred by the auction agency; the year, make, model, and serial number of the motor vehicle; and shall inform the owner or lienholder of…
SDCL § 32-3-77 Issuance of title to insurer unable to obtain title after payment of total loss
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Notwithstanding any other law, if an insurer is unable to obtain a certificate of title for a motor vehicle from the owner or lienholder within forty-five days of payment of a total loss claim on the motor vehicle, and is unable to surrender the certificate of title to the depart…
SDCL § 32-3-78 Electric bicycle exempt from chapter
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An electric bicycle, as defined in § 32-20B-9 , is exempt from this chapter. Source: SL 2019, ch 135 , § 9.
SDCL § 32-3-79 Chapter exclusion--Multi-passenger quadricycle
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A multi-passenger quadricycle, as defined in § 32-14-17 , is exempt from this chapter. Source: SL 2024, ch 118 , § 5.
SDCL § 32-3-8 Repealed by SL 1988, ch 236 , § 4
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32-3-9
SDCL § 32-3-80 Transfer on death--Designation of beneficiary
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Any person who owns a motor vehicle, off-road vehicle, snowmobile, or boat as defined in § 32-3A-2 , may submit to the department an application to provide for the transfer of the property upon the person's death or the death of the last survivor of a joint tenancy with the right…
SDCL § 32-3-81 Transfer on death--Affidavit--Certificate issued
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Upon the death of the owner of property with a certificate of title containing a designation of beneficiary, or upon the death of the last survivor of a joint tenancy with the right of survivorship, the designated beneficiary may submit to the department an affidavit verifying th…
SDCL § 32-3-82 Transfer on death--When vested--Changing beneficiary
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A designated beneficiary of the transfer on death has no interest in the property until the death of the owner or the last survivor of the joint tenancy with the right of survivorship. An owner or joint tenant with the right of survivorship may change a designation of beneficiary…
SDCL § 32-3-83 Transfer on death--Ineligible if encumbered--Certificate not issued
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An owner of property may not designate a beneficiary, pursuant to § 32-3-80 , if the property is subject to any lien or other encumbrance. The department may not issue a certificate of title reflecting the transfer of ownership, pursuant to § 32-3-81 , if the property is subject …
SDCL § 32-3-84 Transfer on death--No application for subsequent certificate of title--When vested
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Ownership of a motor vehicle, off-road vehicle, snowmobile, or boat as defined in § 32-3-2 , with a certificate of title that has a beneficiary designation, pursuant to § 32-3-80 , and on which an application for a subsequent certificate of title has not been filed, vests in the …
SDCL § 32-3-9 Superseded
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32-3-10 Statement or certificate of origin as passing title--Waiver and estoppel inapplicable. 32-3-11 Certificate as evidence of ownership--Possession before delivery of certificate--Risk of loss--Insurable interest. 32-3-12 Operation or possession of vehicle without certificate…