Title 32 — MOTOR VEHICLES

No person, except as provided in this chapter, obtaining or acquiring possession of a motor vehicle, trailer, or semitrailer acquires any right, title, claim, or interest in or to the motor vehicle, trailer, or semitrailer, until he has been issued a certificate of title to the m…

A certificate of title issued under this chapter shall be evidence or indicia of ownership of the motor vehicle, trailer, or semitrailer described on the title. From the time of delivery of possession of a motor vehicle, trailer, or semitrailer to a person acquiring the vehicle o…

An owner, or any person without the consent of the owner, who operates or has possession of a motor vehicle in this state under a registration number of this state, without first securing a certificate of title as provided in this chapter, is guilty of a Class 2 misdemeanor. Sour…

Any person who sells or transfers a motor vehicle, trailer, or semitrailer without complying with the requirements of this chapter is guilty of a Class 2 misdemeanor. Source: SDC 1939, § 44.9908; SL 1955, ch 184 ; SL 1986, ch 242 , § 29; SL 1989, ch 257 , § 15.

Any person who knowingly makes any false statement of a material fact, either on the application for the certificate of title provided for in this chapter, or in any assignment thereof, is guilty of a Class 5 felony. Source: SDC 1939, § 44.9911; SL 1989, ch 257 , § 16.

Any person who alters or forges, or causes to be altered or forged, any certificate of title issued by the State of South Dakota pursuant to the provisions of this chapter, or any assignment thereof, or any person who shall hold or use any such certificate or assignment knowing t…

The department shall prescribe and adopt a uniform method of numbering certificates of title which is unique and for which the numbers may not be duplicated. The department shall appropriately file and index all records by title number. Applications, certificates of titles, and a…

Certificates of title issued by the secretary of state before July 1, 1951, shall be sufficient for the purposes of this chapter and for registration and licensing until the motor vehicle therein described on the certificate shall be transferred or otherwise disposed of or until …

If an application made to the county treasurer for a certificate of title pursuant to § 32-3-18 is received and processed entirely by mail, the county treasurer may charge an administration fee for the processing of the title application. An administration fee charged under this …

Any owner who chooses to title a motor vehicle, off-road vehicle, or snowmobile in South Dakota, but who does not have a South Dakota-issued driver license or identification card, or a physical address in South Dakota, shall pay a one-hundred-dollar fee in addition to the title a…

Any person who makes any false affidavit, or knowingly swears or affirms falsely, to any matter or thing required by the terms of this chapter to be sworn or affirmed to, is guilty of perjury, and punishable by a fine and imprisonment as other persons committing perjury are punis…

The provisions of chapters 32-3 to 32-6B , inclusive, apply to all motor vehicles, trailers, semitrailers, and motorcycles as defined in § 32-3-1 required to be titled under the laws of this state except as otherwise provided by law. Source: SDC 1939, § 44.0202 (1) as added by SL…

32-3-2.2

32-3-2.3 Mopeds exempt. 32-3-2.4 Farm vehicles exempt--Exceptions. 32-3-3 Selling new vehicle without delivering manufacturer's statement or certificate of origin--Purchasing new vehicle without obtaining certificate--Violation as misdemeanor. 32-3-3.1 Initial registration and ti…

Mopeds as defined in § 32-3-1 shall be exempt from the provisions of this chapter unless an applicant wishes to obtain title to a moped. Source: SL 1978, ch 230 , § 9; SL 1989, ch 257 , § 4.

Any farm wagon, farm implement drawn by another vehicle, or farm vehicle which is designed and used primarily for tillage, harvesting, or transportation of agricultural products or farm property by or for agricultural producers is exempt from the provisions of this chapter, unles…

If the vehicle identification number of a motor vehicle, trailer, or semitrailer is changed, the owner shall within fifteen days make application as provided in this chapter for a new certificate of title setting forth all additional pertinent facts and shall surrender the former…

The department may not title or issue a license for the operation of any motor vehicle without a vehicle identification number, except, the department may authorize the titling of motor vehicles by a number other than the vehicle identification number and when so titled, the numb…

The fee for assignment of a vehicle identification number is twenty - five dollars. The fee is payable to the county treasurer's office at the time of application for a rebuilt title. The county treasurer shall forward to the Division of Motor Vehicles the rebuilt title applicati…

If a certificate of title has not previously been issued for any motor vehicle, trailer, or semitrailer in this state, the application for a certificate of title, unless otherwise provided for in this chapter, shall be accompanied by a manufacturer's statement of origin or a manu…

The burden of proving his ownership and title shall be upon the applicant for a certificate of title. If satisfied that the applicant is the owner of the motor vehicle, trailer, or semitrailer and the application is in proper form, the secretary shall issue a certificate of title…

If an application for title and registration is filed by a dealer on behalf of a customer,the application shall be filed in the customer's county of residence. Source: SDC 1939, § 44.0202 (8) as added by SL 1951, ch 229 , § 2; SL 1955, ch 161 ; SL 1965, ch 186 , § 2; SL 1989, ch …

In any transfer of a motor vehicle, trailer, or semitrailer, the application for certificate of title shall be filed within forty-five days after the date of assignment of such motor vehicle, trailer, or semitrailer. However, licensed dealers need not apply for a certificate of t…

32-3-27 Late application for certificate--Additional fee--Application delay as misdemeanor. 32-3-28 Issuance of certificate in paper or electronic form--Notation of liens. 32-3-29 Lost certificates--Fee for duplicate. 32-3-30 Certificate to show chain of title--Exceptions. 32-3-3…

The secretary shall issue the certificate of title in paper form or electronic form. If there is no lien noted on the certificate of title or a paper copy is requested pursuant to § 32-3-70 , the secretary shall sign the original certificate of title, deliver the paper copy certi…

In the case of lost certificates of title, duplicates may be issued if the loss is accounted for to the satisfaction of the secretary. Any lien to be noted on a certificate of title shall be evidenced by a copy of the security interest when a person applies for a duplicate certif…

No manufacturer, importer, dealer, or other person may sell or otherwise dispose of a new motor vehicle, trailer, or semitrailer to a dealer without delivering to the dealer a manufacturer's statement of origin or manufacturer's certificate of origin duly executed in accordance w…

Any new mobile home, new manufactured home, or mobile home or manufactured home which has not been registered in this state shall, upon its sale, be initially registered and titled pursuant to this chapter, and the initial registration fee provided in § 32-5-16.1 shall be collect…

An owner of a mobile or manufactured home fixed to real property owned by the applicant may request that the title to the home be surrendered if a title has been issued in accordance with § 32-3-3.1 and payment of the initial registration fee has been made in accordance with §

An owner of a mobile or manufactured home may choose to obtain a title on a mobile or manufactured home whose title was surrendered. Before the mobile or manufactured home is removed from real property, the owner shall submit to the department a current tax affidavit from the cou…

Except as provided in §§ 32-3-6 , 32-3-24 , and 32-3-32 , every motor vehicle, trailer, or semitrailer certificate of title, upon transfer of ownership, shall contain a complete record showing the chain of title of such motor vehicle, trailer, or semitrailer from the owner named …

Each certificate of title issued by the department for a motor vehicle equipped with an odometer shall contain odometer disclosure information which complies with the provisions of the Truth in Mileage Act of 1986 (Public Law 99-579) as amended as of December 4, 2015. Upon the sa…

The department may, upon written request and payment of a five dollar fee, furnish a person an abstract of the title history of any motor vehicle and semitrailer registered pursuant to this title including any damage disclosure statement of the motor vehicle and semitrailer. The …

Except as provided in § 32-3-32 it is a Class 2 misdemeanor to deliver or accept a transfer or assignment of a motor vehicle, trailer, or semitrailer certificate of title issued by the State of South Dakota, or a motor vehicle, trailer, or semitrailer muniment of title from anoth…

Notwithstanding §§ 32-3-30 and 32-3-31 , dealers licensed under chapter 32-6B may accept and transfer out - of - state certificates or muniments of title for motor vehicles, trailers, or semitrailers. Source: SL 1955, ch 193 , § 1; SDC Supp 1960, § 44.0203-1; SL 1965, ch 186 , § …

If, after a certificate of title has been issued for a motor vehicle, trailer, or semitrailer, the county in which it is kept for use shall be changed, then upon application of the owner, so stating, the secretary may authorize the transfer of the duplicate certificate of title f…

The county treasurer shall assist in the administration of this chapter and perform such duties in connection therewith as may be required by the secretary. Source: SDC 1939, § 44.0202; SL 1951, ch 229 , § 2; SDC Supp 1960, § 44.0202 (6); SL 1988, ch 236 , § 9; SL 2003, ch 160 , …

A manufacturer's statement of origin or manufacturer's certificate of origin shall be deemed to be in possession of the lien holder while being transmitted to the secretary and until issuance of a certificate of title by the secretary showing the lien. All contracts, liens, mortg…

The secured party shall be mailed or delivered notification of the party's security interest as filed and noted on the certificate of title. The holder of a certificate of title who refuses to deliver a certificate of title to the treasurer for the purpose of showing the lien on …

Exposure for sale of any motor vehicle, trailer, or semitrailer by the owner thereof, with the knowledge and consent of the holder of any lien, mortgage, or encumbrance thereon, shall not render the same void or ineffective as against subsequent purchasers or the creditors of suc…

The holder of a mortgage, trust receipt, conditional sales contract, mechanic's lien, or similar instrument, upon presentation of the certificate of title to the office of the titled owner's county treasurer, together with the fee prescribed by this chapter, may have a notation o…

Any bank, savings and loan association, credit union, or any dealer licensed pursuant to this title may be provided access to motor vehicle title and lien information maintained on the state's computer system via a modem and terminal owned by the bank, savings and loan associatio…

Motor vehicle fleet leasing contracts containing a terminal rental adjustment provision do not create a sale or security interest solely because the agreement provides that the rental price may be adjusted by the amount realized upon sale or other disposition of the motor vehicle…

Upon the sale or acquisition of any vehicle required to be titled pursuant to this chapter, a dealer licensed pursuant to this title shall utilize, if available, an electronic title file system approved by the department to verify vehicle ownership information and to record chang…

The provisions of chapters 44-10 , 44-11 , and §§ 57A-9-501 to 57A-9-530 , inclusive, shall not be construed to apply to or to permit or require the deposit, filing, or other record whatsoever, of a chattel mortgage, conveyance intended to operate as a mortgage, conditional sales…

No motor vehicle, trailer, or semitrailer may be licensed in this state until the requirements of this chapter have been met. The certificate of title and license shall be obtained at the time of registration. If the applicant certifies on the application for title that the motor…

The provisions of the law then in effect shall continue to apply to the deposit, filing, refiling, or other record whatsoever of a chattel mortgage, conveyance intended to operate as a mortgage, trust receipt, conditional sales contract, or other similar instrument or any copy of…

A security interest, mechanic's lien, or similar instrument other than a financing statement covering a motor vehicle, trailer, or semitrailer, or any vehicle required to be titled under the provisions of this chapter, is valid against the creditors of the debtor, whether armed w…

Section 32-3-41 shall not apply to any security interest in a motor vehicle in stock or acquired for stock purposes if such security interest was acquired or perfected under the provisions of Title 57A. Source: SDC Supp 1960, § 44.0203 (1) as added by SL 1965, ch 186 , § 3; SL 19…

The county treasurer, upon receipt of a lien or title instrument duly executed in the manner prescribed by law governing such instruments, together with the fee prescribed for notation thereof which is nonrefundable, shall notify the holder of the certificate of title to deliver …