Title 32 — MOTOR VEHICLES
55 chapters · 1,941 sections in this title.
SDCL § 32-35-66 Certificate of insurance of nonresident--Carrier authorized to do business locally--Conditions
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A nonresident may give proof of financial responsibility by filing with the Department of Public Safety a written certificate or certificates of an insurance carrier authorized to transact business in the state in which the vehicle, or vehicles, owned by such nonresident is regis…
SDCL § 32-35-67 Default by nonresident insurer
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If any insurance carrier not authorized to transact business in this state, which has qualified to furnish proof of financial responsibility, defaults in any of the undertakings or agreements required by § 32-35-66 , the Department of Public Safety shall not thereafter accept as …
SDCL § 32-35-68 Motor vehicle liability policy defined
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A motor vehicle liability policy as said term is used in this chapter shall mean an owner's policy or an operator's policy of liability insurance, certified as provided in § 32-35-65 or 32-35-66 as proof of financial responsibility for the future, and issued, except as otherwise …
SDCL § 32-35-69 Conditions of owner's policy--Description of vehicles
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An owner's policy of liability insurance referred to in § 32-35-68 shall designate by explicit description or by appropriate reference all vehicles with respect to which coverage is thereby to be granted. Source: SL 1957, ch 212 , § 51; SDC Supp 1960, § 44.03A51 (2) (a).
SDCL § 32-35-70 Conditions of owner's policy--Coverage and amount--Filing and form requirements--Date of compliance
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An owner's policy of liability insurance referred to in § 32-35-68 shall insure the person named therein and any other person as insured, using any insured vehicle or vehicles with the express or implied permission of the named insured, against loss from the liability imposed by …
SDCL § 32-35-71 Conditions of operator's policy--Nonowned vehicles--Limits of liability
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An operator's policy of liability insurance referred to in § 32-35-68 shall insure the person named as insured therein against loss from the liability imposed upon him by law for damages arising out of the use by him of any motor vehicle not owned by him, within the territorial l…
SDCL § 32-35-72 Contents of policies
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A motor vehicle liability policy as defined in § 32-35-68 shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the policy period, and the limits of liability, and shall contain an agreement or be endorsed that i…
SDCL § 32-35-73 Workers' compensation coverage unnecessary
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A motor vehicle liability policy as defined in § 32-35-68 need not insure any liability under any workers' compensation law nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured…
SDCL § 32-35-74 Policies subject to particular provisions of law
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Every motor vehicle liability policy shall be subject to the following provisions which need not be contained therein: (1) The liability of the insurance carrier with respect to the insurance required by this chapter shall become absolute whenever injury or damage covered by said…
SDCL § 32-35-75 Excess or additional coverage not affected
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Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in addition to the coverage specified for a motor vehicle liability policy and such excess or additional coverage shall not be subject to the provisions of this c…
SDCL § 32-35-76 Permissive provisions in policy--Indemnification clause
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Any motor vehicle liability policy may provide that the insured shall reimburse the insurance carrier for any payment the insurance carrier would not have been obligated to make under the terms of the policy except for the provisions of this chapter. Source: SL 1957, ch 212 , § 5…
SDCL § 32-35-77 Permissive provisions--Other insurance prorated
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Any motor vehicle liability policy may provide for the prorating of the insurance thereunder with other valid and collectible insurance. Source: SL 1957, ch 212 , § 51; SDC Supp 1960, § 44.03A51 (9).
SDCL § 32-35-78 Permissive provisions--Concurrent insurance
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The requirements for a motor vehicle liability policy may be fulfilled by the policies of one or more insurance carriers which policies together meet such requirements. Source: SL 1957, ch 212 , § 51; SDC Supp 1960, § 44.03A51 (10).
SDCL § 32-35-79 Binder as fulfilling requirements
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Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for such a policy. Source: SL 1957, ch 212 , § 51; SDC Supp 1960, § 44.03A51 (11).
SDCL § 32-35-80 Notice to department of cancellation or termination of policy--Violation as misdemeanor--Termination by certification of replacement policy
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If an insurance carrier has certified a motor vehicle liability policy under § 32-35-65 or 32-35-66 , a written notice indicating the date of cancellation or termination of the insurance so certified shall be filed with the Department of Public Safety within fifteen days of the d…
SDCL § 32-35-81 Other automobile policies unaffected
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This chapter shall not be held to apply to or affect policies of automobile insurance against liability which may now or hereafter be required by any other law of this state, and such policies, if they contain an agreement or are endorsed to conform with the requirements of this …
SDCL § 32-35-82 Employers' policies unaffected
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This chapter shall not be held to apply to or affect policies insuring solely the insured named in the policy against liability resulting from the maintenance or use by persons in the insured's employ or on his behalf of vehicles not owned by the insured. Source: SL 1957, ch 212 …
SDCL § 32-35-83 Proof of financial responsibility by surety bond--Individual sureties--Amount of bond--Conditions
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Proof of financial responsibility may be evidenced by the bond of a surety company duly authorized to transact business within this state, or a bond with at least two individual sureties each owning real estate within this state, and together having equities equal in value to at …
SDCL § 32-35-84 Bond as lien on surety's property--Extent of lien--Recording of notice
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A bond filed pursuant to § 32-35-83 shall constitute a lien in favor of the state upon the real estate so scheduled of any surety, which lien shall exist in favor of any holder of a final judgment against the person who has filed such bond, for damages, including damages for care…
SDCL § 32-35-85 Recordation procedure--Fee for recordation--Disposition of fee
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The provisions of chapter 43-28 shall apply to the recording of a notice pursuant to § 32-35-84 except that such notice may be recorded without acknowledgment or further proof of execution. Such notices shall be recorded in the set of books in which mortgages are required to be r…
SDCL § 32-35-86 Suit on bond of defaulting debtor--Foreclosure of lien--Procedure
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If a judgment referred to in § 32-35-84 , rendered against the principal on such bond, shall not be satisfied within thirty days after it has become final, the judgment creditor may, for his own use and benefit and at his sole expense, bring an action or actions in the name of th…
SDCL § 32-35-87 Money or securities as proof of financial responsibility--Amount--Judgments against depositor
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Proof of financial responsibility may be evidenced by the certificate of the state treasurer that the person named therein has deposited with him twenty - five thousand dollars in cash, or securities such as may legally be purchased by savings banks or for trust funds of a market…
SDCL § 32-35-88 Disposition of money or securities deposited--Payment of judgments--Attachment or execution against deposit
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A deposit pursuant to § 32-35-87 shall be held by the state treasurer to satisfy, in accordance with the provisions of this chapter, any execution on a judgment issued against such person making the deposit, for damages, including damages for care and loss of services, because of…
SDCL § 32-35-89 Proof by owner on behalf of certain drivers--Vehicles covered--Endorsement on license
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The owner of a motor vehicle may give proof of financial responsibility on behalf of his employee or a member of his immediate family or household in lieu of the furnishing of proof by any said person. The furnishing of such proof shall permit such person to operate only a motor …
SDCL § 32-35-90 Proof of financial responsibility by self - insurer--Certificate of self - insurance
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Any person in whose name more than twenty - five vehicles are registered in this state may qualify as a self - insurer by obtaining a certificate of self - insurance issued by the Department of Public Safety as provided in §
SDCL § 32-35-91 Conditions to issuance of certificate of self - insurance--Coverage of self - insurance
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The Department of Public Safety may, in its discretion, upon the application of a person described in § 32-35-90 , issue a certificate of self - insurance when the department is satisfied that such person is possessed and will continue to be possessed of ability to pay judgments …
SDCL § 32-35-92 Cancellation of certificate of self - insurance--Grounds--Failure to pay judgment
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Upon not less than five days' notice and a hearing pursuant to such notice, the Department of Public Safety may upon reasonable grounds cancel a certificate of self - insurance. Failure to pay any judgment within thirty days after such judgment shall have become final shall const…
SDCL § 32-35-93 Substitution of forms of proof of financial responsibility
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The Department of Public Safety shall consent to the cancellation of any bond or certificate of insurance or the department shall direct and the state treasurer shall return any money or securities to the person entitled thereto upon the substitution and acceptance of other adequ…
SDCL § 32-35-94 Additional security when previous proof becomes inadequate--Suspension of license pending filing additional proof
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Whenever any proof of financial responsibility filed under the provisions of this chapter no longer fulfills the purposes for which required, the Department of Public Safety shall, for the purpose of this chapter, require other proof as required by this chapter and shall suspend …
SDCL § 32-35-95 Periods during which proof must be maintained--Conditions for waiver of requirement of proof
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The Department of Public Safety shall upon request consent to the immediate cancellation of any bond or certificate of insurance, or the department shall direct and the state treasurer shall return to the person entitled thereto any money or securities deposited pursuant to this …
SDCL § 32-35-96 Conditions under which waiver or return of proof not permitted
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Notwithstanding § 32-35-95 , the Department of Public Safety shall not consent to the cancellation of any bond or the return of any money or securities in the event any action for damages upon a liability covered by such proof is then pending or any judgment upon any such liabili…
SDCL § 32-35-97 Reapplication for license after return of proof--Conditions
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Whenever any person whose proof has been canceled or returned under subdivision § 32-35-95(3) applies for a license or registration within a period of three years from the date proof was originally required, any such application shall be refused unless the applicant shall reestab…
SDCL § 32-35-98 Duty of departments to administer provisions of chapter--Rules
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The Department of Public Safety shall administer and enforce the provisions of this chapter relating to driver licensing and financial responsibility and may promulgate rules pursuant to chapter 1-26 necessary to administer the functions relating to driver licensing and financial…
SDCL § 32-35-99 Persons aggrieved by orders of departments--Consideration of information
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The Department of Public Safety shall receive and consider any pertinent information upon request of persons aggrieved by its orders or acts under any of the provisions of this chapter relating to driver licensing or financial responsibility. The Department of Revenue shall recei…