Title 32 — MOTOR VEHICLES

If a lien is discharged, the lienholder shall execute a release within twenty days after final payment is received. The release shall contain the vehicle identification number or the certificate of title number, and the owner's name. The lienholder shall deliver the release along…

The county treasurer shall charge a fee of ten dollars for each notation of any lien on a certificate of title. No fee may be charged for the cancellation of such lien. The fee shall be deposited in the county general fund. Source: SDC 1939, § 44.0203 (3) as added by SL 1951, ch …

Liens on motor vehicles, trailers, or semitrailers as defined in § 32-3-35 may be enforced or foreclosed in accordance with the procedural law applicable to each kind of lien. It is not necessary that a lien be filed for record as a condition precedent to foreclosure if the lien …

When the ownership of a motor vehicle, trailer, or semitrailer is subject to a chattel mortgage, conveyance intended to operate as a mortgage, trust receipt, conditional sales contract, mechanic's lien, or similar instrument, as provided in §§ 32-3-30 to 32-3-46 , inclusive, it s…

If it appears at any time to the secretary that an applicant for a certificate of title or registration of a motor vehicle, trailer, or semitrailer is not entitled thereto, under the provisions of this chapter or chapter 32-5 or 32-5B , the secretary may refuse to issue a certifi…

Upon cancellation of any certificate of title, the secretary shall notify the county treasurer of the county where the duplicate certificate of title of the vehicle, trailer, or semitrailer is involved was kept. The treasurer shall thereupon enter the cancellation upon the treasu…

No person, except as provided in § 32-3-6 shall sell or otherwise dispose of a motor vehicle, trailer, or semitrailer without delivering to the purchaser or transferee a certificate of title showing assignment to the purchaser, and indicating the date of purchase. No person may p…

32-3-6 Ownership passing by operation of law--Burden of proof. 32-3-7 Sale of secondhand vehicle--Time for delivery of certificate of title--Exception--Violation as misdemeanor. 32-3-7.1 Extension of time to deliver certificate of title to secondhand vehicle--Temporary license pe…

If a receipt of registration has been issued to the holder of a certificate of title canceled by the secretary, the secretary shall immediately cancel the same and demand the return of such receipt of registration, and the license plates or tags issued therewith, and the holder o…

If a vehicle is permanently destroyed, crushed, or compacted so that it can no longer be used on the public highways or used for parts, the owner shall detach the registration plates and forward them, along with the registration card and certificate of title, within fifteen days,…

The department shall retain each damaged disclosure statement received. The statement shall become part of the title history available to the public pursuant to §

Any owner of a motor vehicle that is being dismantled for the purpose of selling its parts shall apply for a junking certificate. The license plates, registration card, and certificate of title shall accompany the application for junking certificate. The department shall cancel t…

Any motor vehicle, whose title has been marked as rebuilt or salvage by this state or any other state or jurisdiction, or any motor vehicle, whose owner is applying for a junking certificate, may be inspected by an employee of the department, or a person designated by the departm…

The department shall, in a conspicuous location, place on the first South Dakota title and all subsequent titles issued for any motor vehicle for which a certificate of title was issued by another state, the name of the previous state and any brand or notation indicated on the ti…

Any motor vehicle, trailer, or semitrailer whose title has been marked as nonrebuildable, parts only, or whose owner has designated that the vehicle should not be placed upon the roads and highways, shall receive a junking certificate. Source: SL 1996, ch 190 , § 2.

Any vehicle that is required to be titled pursuant to this chapter and is sold or offered for sale by a vehicle dealer or a used vehicle dealer as defined in § 32-6B-1 shall display a sticker, decal, or notice that discloses damage to the vehicle for which the current title denot…

For purposes of §§ 32-3-51.5 , 32-3-51.20 , and 32-3-51.21 , the term, salvage vehicle, means any motor vehicle that an insurer or self insurer determines a total loss due to theft or to damage caused by fire, vandalism, collision, weather, submersion in water, or flood. This sec…

If an insurer, in settlement of a total loss insurance claim, or self insurer acquires the ownership of any salvage vehicle as defined in § 32-3-51.19 that does not have a salvage vehicle title, the insurer shall within forty-five days following acquisition of the certificate of …

If an insurer or self insurer declares a vehicle to be a total loss but does not acquire ownership of the vehicle, the owner shall obtain a salvage title for the vehicle. The insurer or self insurer shall, in writing, notify the owner of the obligation to obtain a salvage title b…

If a stolen vehicle is recovered, the insurer or self insurer shall, within forty-five days of recovery, inspect the vehicle and apply for a title. If the vehicle has no damage or the damage is less than that defined in § 32-3-51.19 , the insurer or self insurer shall surrender t…

32-3-51.5 Vehicle with out-of-state marked title--Damage disclosure information--Salvage title or junking certificate. 32-3-51.6 Rebuilt title. 32-3-51.7 32-3-51.7 to 32-3-51.10. Repealed by SL 2015, ch 157 , §§ 2 to 5. 32-3-51.11 Retention of damage disclosure statement by depar…

Any motor vehicle, trailer, or semitrailer whose title has been marked by another state or jurisdiction, shall receive a title, which shall contain similar damage disclosure information. However, if the title has been branded as salvage or with any other similar brand by another …

Any motor vehicle, trailer, or semitrailer, whose title has been marked by this state or another state or jurisdiction as rebuilt or with any other similar brand approved for highway use shall only receive a rebuilt title. Source: SL 1988, ch 238 , § 4. 32-3-51.7 to 32-3-51.10. R…

Employees of the department authorized by the secretary shall require the surrender of the plates and documents for such vehicles from dealers, salvage yards, and other similar establishments, when it is determined that the plates and documents have not been forwarded to the depa…

If any vehicle, trailer, or semitrailer is rebuilt as defined in § 32-3-1 and is restored to operation, the owner shall submit an application to the Department of Revenue for a rebuilt title. The motor vehicle, trailer, or semitrailer may not be licensed or titled until there is …

32-3-53.2 Inspection of restored or rebuilt vehicles. 32-3-53.3

The motor vehicles, trailers, or semitrailers referred to in § 32-3-53 may be inspected by an employee of the Department of Revenue or a highway patrolman. The certificate of inspection shall be of a form prescribed and furnished by the department. Motor vehicles, trailers, or se…

32-3-53.4 Trailer defined. 32-3-54

For the purposes of §§ 32-3-53 and 32-3-53.2 , a trailer is any trailer as defined in § 32-3-1 which has an actual weight of three thousand pounds or greater. Source: SL 1985, ch 239 , § 8; SL 2011, ch 138 , § 1. 32-3-54. Repealed by SL 1984, ch 30 , § 35. 32-3-55. Transferred.

32-3-55

32-3-56 Special seal--Forms furnished by secretary. 32-3-57 Promulgation of rules--Duty of local officials. 32-3-58

For the purpose of carrying out the provisions of this chapter, the office of the secretary may adopt and use a special seal. The secretary shall prescribe and furnish all printed forms needed to carry out the provisions of this chapter. Source: SDC 1939, § 44.0208 (2) as added b…

The secretary of revenue may promulgate rules pursuant to chapter 1-26 and issue instructions as are necessary to ensure and obtain uniformity in the administration of the provisions of this chapter. Rules may be adopted in the following areas: (1) Application requirements for ne…

32-3-59 Auction of older motor vehicles by nonprofit automobile club--When permitted--Penalty. 32-3-60 Auctioneer to have odometer reading and certificate of title--Exception--Violation as misdemeanor. 32-3-61 Auction of vehicle covered by lien--Consent and release of lien holder…

Any motor vehicle that is twenty years of age or older may be sold at auction, if the auction is sponsored by a nonprofit automobile club subject to the provisions of chapters 47-22 to 47-28 , inclusive. A nonprofit automobile club may not sponsor more than four auctions a year u…

If the ownership of any motor vehicle, trailer, or semitrailer passes by operation of law, judicial sale, repossession, or proceedings or in any other manner not provided for in this chapter, the owner may, upon furnishing satisfactory proof to the department of such ownership, p…

Before a vehicle with a title issued by the department may be sold at an auction pursuant to § 32-3-59 , the auctioneer shall have in his possession an odometer reading certified by the owner of the motor vehicle if the vehicle has an odometer and, except as provided in § 32-3-61…

An auctioneer may not sell a vehicle that has a certificate of title with a lien on it for less than the full amount of the lien, without the advance written consent of the lien holder. An auctioneer may not release the proceeds from the sale of a vehicle with a lien on the title…

Within fifteen days after an auction held pursuant to § 32-3-59 , the nonprofit automobile club sponsoring the auction shall provide the department with a list of the vehicles sold, including a photocopy of each vehicle's title. A violation of this section is a Class 2 misdemeano…

Sales of titled vehicles pursuant to §§ 32-3-59 to 32-3-62 , inclusive, are exempt from § 32-5-29 and chapter 32-6B . Source: SL 1986, ch 27 , § 17.

Except as provided in § 32-3-64.1, if a vehicle is eleven years old or more and no record exists for the vehicle, a person may apply for a vehicle title by submitting to the department an application for title, a valid bill of sale properly signed by the person who has the right …

If a vehicle is older than thirty years, no record exists for the vehicle, and there is no bill of sale for the vehicle, a person in lawful possession of the vehicle may apply for a vehicle title by submitting to the department an application for title and an affidavit declaring …

If any truck tractor is modified to become a motor home, the owner shall submit an application to the Department of Revenue for a converted motor home title. To become a motor home, the truck tractor shall be modified to include a vehicular-type unit built on the tractor's chassi…

For the purposes of this chapter, if a motor home is used to transport a motor vehicle, boat, or animal to a race, tournament, show, or similar event, the motor home is not deemed to be engaged in a private business use if: (1) Any prize money received from participating in such …

The department shall provide a person that has possession of a motor vehicle , boat as defined in § 32-3A-2 , moped, motorcycle, off-road vehicle as defined in § 32-20-1 , snowmobile as defined in § 32-20A-1 , or trailer, as the result of an unpaid repair bill, with the last know…

A person with possession of a vehicle described in § 32-3-67 may apply for a title on any motor vehicle, boat as defined in § 32-3A-2 , moped, motorcycle, off-road vehicle as defined in § 32-20-1 , snowmobile as defined in § 32-20A-1 , or trailer, that is left unclaimed as the re…

Except as provided below, title to any motor vehicle, boat as defined in § 32-3A-2 , moped, motorcycle, off-road vehicle as defined in § 32-20-1 , snowmobile as defined in § 32-20A-1 , or trailer, vests with the person to whom the unpaid repair bill is payable and who has complie…

On or before July 1, 2026, the department shall establish an electronic title and registration system for motor vehicles; boats, as described in chapters 32-3A and 32-7B ; vehicles, as defined in § 32-6B-1 ; snowmobiles, as described in chapter 32-6C ; manufactured and mobile hom…

An entity must submit an application to become an approved entity for purposes of this chapter. An approved entity may charge a customer a fee for services provided under §

An approved entity using the electronic title and registration system shall transmit all application documents, required electronic signatures, and fees, through the system to the department. Upon receiving an application transmitted through the electronic title and registration …