Title 32 — MOTOR VEHICLES

Source: SL 1957, ch 212 , §§ 64, 68; SDC Supp 1960, §§ 44.03A64, 44.9945; SL 1984, ch 12 , § 9; SL 2003, ch 272 , § 23.

Terms used in this chapter, unless the context otherwise plainly requires, shall mean: (1) "Chauffeur," every person who is employed by another for the principal purpose of driving a motor vehicle and every person who drives a school bus transporting school children or any motor …

The Department of Public Safety shall prescribe and provide suitable forms that are required or deemed necessary to administer the driver licensing and financial responsibility functions of this chapter. The Department of Revenue shall prescribe and provide suitable forms that ar…

The Department of Public Safety shall furnish to any person upon request a certified abstract of the operating record for the last three years of any person subject to the provisions of this chapter. This three-year limit does not apply to any person requesting his or her own abs…

The Department of Public Safety may contract with an insurance company or its authorized information vendor to provide the entries made on the operating records of the insurance company's policyholders. The department may determine the periodic basis and the media on which the in…

Any order of the Department of Public Safety under the provisions of this chapter relating to driver licensing or financial responsibility is subject to the contested case provisions in §§ 1-26-16 to 1-26-37 , inclusive. Any order of the Department of Revenue under the provisions…

The inadmissibility of any report required in this chapter as evidence in any action, civil or criminal, shall not prevent the admission in evidence of the testimony of any investigating officer, which testimony as to what he saw, heard, or witnessed during the course of his inve…

Any person whose license or registration has been suspended under any provision of this chapter, or whose policy of insurance or bond, if required under this chapter, has been canceled or terminated, shall immediately return his license, and registration to the Department of Publ…

Except for § 32-35-89 this chapter shall not apply with respect to any vehicle which is subject to the requirements of any other act requiring insurance or other security with respect to any types of motor vehicles. Source: SL 1957, ch 212 , § 70; SDC Supp 1960, § 44.03A65. 32-35…

Nothing in this chapter shall be construed as preventing the plaintiff in any action at law from relying for relief upon the other processes provided by law. Source: SL 1957, ch 212 , § 73; SDC Supp 1960, § 44.03A68.

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it. Source: SL 1957, ch 212 , § 74; SDC Supp 1960, § 44.03A69.

Any person who shall forge, or, without authority, sign any evidence of proof of financial responsibility for the future, or who files or offers for filing any such evidence of proof knowing or having reason to believe that it is forged or signed without authority, shall be guilt…

Any person whose license or registration has been suspended under this chapter and who, during such suspension, drives any motor vehicle upon any highway or knowingly permits any vehicle of a type subject to registration under the laws of this state owned by such person to be ope…

If an owner's registration has been suspended under this chapter, the Department of Revenue shall allow an owner to transfer a vehicle's registration to another person in the ordinary course of business or to a co-owner, as evidenced by the title, if the co-owner can provide writ…

Every person who drives a motor vehicle, required to be registered in this state, if requested by a law enforcement officer as a secondary action when the driver of the vehicle is detained for a suspected violation of Title 32 or some other offense, shall provide evidence of fina…

For the purposes of § 32-35-114 , evidence of financial responsibility is the name of the insurance or surety company which issued the motor vehicle liability policy and the number of the insurance policy or surety bond, the number of the certificate of deposit issued pursuant to…

If a driver of a motor vehicle required to be registered in the state is cited for a violation of Title 32 or is involved in a reportable motor vehicle accident, the driver of the motor vehicle shall furnish written evidence of financial responsibility upon request of the law enf…

Any person cited for a violation of § 32-35-113 , may personally appear before a magistrate, as designated on the citation, and provide written evidence of financial responsibility that is acceptable to the magistrate showing that the driver was in compliance with § 32-35-113 at …

If a driver is stopped and requested to produce proof of financial responsibility does not do so, and is not the owner of that vehicle, but is operating that vehicle with the permission of the owner, the driver may not be cited, and the provisions of §§ 32-35-113 to 32-35-122 , i…

With respect to persons asserting financial responsibility by means of a certificate of insurance, written evidence, for the purposes of § 32-35-117 , is a copy of the insurance policy or bond or an identification card with the insurance policy number, name of insurer, the effect…

Any person who provides false evidence of financial responsibility if requested by a law enforcement officer, pursuant to § 32-35-116 , or to the magistrate as permitted by § 32-35-117 , including an expired or conceded insurance policy, bond, or certificate or deposit number, is…

Suspension of license as penalty for violation of 32-35-113 or

Upon suspending a person's driving privileges pursuant to § 32-35-121 , the magistrate judge or circuit judge must restrict the person's driving privileges to only permit the operation of a motor vehicle for purposes of the person's employment, child care delivery or pickup, heal…

The provisions of §§ 32-35-113 to 32-35-122 , inclusive, do not apply to vehicles owned by the federal government, the state, or any public entity of this state. Source: SL 1987, ch 244 , § 1; SL 1989, ch 265 , § 35.

Each low-speed vehicle shall maintain insurance as required by §

The term, proof of financial responsibility for the future, as used in this chapter means proof of ability to respond in damages for liability, on account of accidents occurring after the effective date of the proof, arising out of the ownership, maintenance, or use of a vehicle …

The provisions of §§ 32-35-44 to 32-35-97 , inclusive, requiring the deposit of proof of financial responsibility for the future, subject to certain exemptions, shall apply to any person who has been convicted of or forfeited bail for a violation of §§ 22-16-41 , 32-23-1 , 32-24-…

The suspension or revocation of driving privileges required for a violation of §§ 22-16-41 , 32-23-1 , 32-24-3 , 32-35-113 , and 32-35-120 shall remain in effect and the Department of Public Safety may not issue to the person any renewal of driving privileges until the person giv…

Whenever, under any law of this state, the license of any person is suspended or revoked by reason of a conviction or a forfeiture of bail, the Department of Revenue shall suspend the registration of all vehicles registered in the name of such person as owner, except as provided …

If an owner whose license is suspended or revoked by reason of a conviction or a forfeiture of bail has previously given or shall immediately give and thereafter maintains proof of financial responsibility for the future with respect to all vehicles registered by such person as t…

If a conviction arose out of the operation, with permission, of a vehicle owned by or leased to the United States, this state, or any political subdivision of this state or a municipality thereof, the Department of Public Safety shall suspend or revoke such license only with resp…

The suspension or revocation required in § 32-35-44 shall remain in effect and the Department of Public Safety shall not issue to such person any new or renewal of license and the Department of Revenue shall not register or reregister in the name of such person as owner any such …

Any person whose license or privilege to drive a motor vehicle on public highways is suspended pursuant to this chapter must pay the reinstatement fee, pursuant to subsection 32-12-47.1 (1)(f), to the department prior to the reinstatement of the license. Source: SL 1982, ch 237 ,…

If a person has no license, but by final order or judgment is convicted of or forfeits any bail or collateral deposited to secure an appearance for trial for any offense requiring the suspension or revocation of license, or for driving a motor vehicle upon the highways without be…

Whenever the Department of Public Safety suspends or revokes a nonresident's operating privilege by reason of a conviction or forfeiture of bail, such privilege shall remain so suspended or revoked unless such person shall have previously given or shall immediately give and there…

Whenever any person fails within thirty days to satisfy any judgment, then upon the written request of the judgment creditor or his attorney it shall be the duty of the clerk of the court, or of the magistrate of a court which has no clerk, in which any such judgment is rendered …

If the defendant named in any certified copy of a judgment reported to the Department of Public Safety is a nonresident, the department shall transmit a certified copy of the judgment to the official in charge of the issuance of licenses and registrations of the state of which th…

The Department of Public Safety upon receipt of a certified copy of a judgment shall forthwith suspend the license and any nonresident's operating privilege and the Department of Revenue shall forthwith suspend the registration of any person against whom such judgment was rendere…

The provisions of § 32-35-52 shall not apply with respect to any such judgment arising out of an accident caused by the ownership or operation, with permission, of a vehicle owned or leased to the United States, this state, or any political subdivision of this state or a municipa…

If the creditor in a judgment reported pursuant to § 32-35-52 consents in writing, in such form as the Department of Public Safety may prescribe, that the judgment debtor be allowed license and registration or nonresident's operating privilege, the same may be allowed by the depa…

No license, registration, or nonresident's operating privilege of any person shall be suspended under the provisions of this chapter if the Department of Public Safety shall find that an insurer was obligated to pay the judgment upon which suspension is based, at least to the ext…

Whenever in any judicial proceedings it shall be determined by any final judgment, decree, or order that an insurer is not obligated to pay any judgment referred to in § 32-35-55 , the Department of Public Safety, notwithstanding any contrary finding theretofore made by it, shall…

A license, registration, and nonresident's operating privilege suspended pursuant to § 32-35-52 shall remain so suspended and shall not be renewed, nor shall any such license or registration be thereafter issued in the name of such person, including any such person not previously…

Judgments referred to in §§ 32-35-43 to 32-35-62 , inclusive, shall, for the purpose of this chapter only, be deemed satisfied: (1) If twenty - five thousand dollars has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or …

A judgment debtor upon due notice to the judgment creditor may apply to the court in which such judgment was rendered for the privilege of paying such judgment in installments and the court, in its discretion and without prejudice to any other legal remedies which the judgment cr…

The Department of Public Safety shall not suspend a license or nonresident's operating privilege, and shall restore any license or nonresident's operating privilege suspended following nonpayment of a judgment, when the judgment debtor gives proof of financial responsibility and …

In the event the judgment debtor referred to in § 32-35-61 fails to pay any installment as specified by such order, then upon notice of such default, the Department of Public Safety shall forthwith suspend the license or nonresident's operating privilege and the Department of Rev…

No vehicle shall be or continue to be registered in the name of any person required to file proof of financial responsibility for the future unless such proof shall be furnished for such vehicle. Source: SL 1957, ch 212 , § 46; SDC Supp 1960, § 44.03A46.

Proof of financial responsibility when required under this chapter, with respect to such a vehicle or with respect to a person who is not the owner of such a vehicle, may be given by filing: (1) A certificate of insurance as provided in § 32-35-65 or 32-35-66 ; or (2) A bond as p…

Proof of financial responsibility for the future may be furnished by filing with the Department of Public Safety the written certificate of any insurance carrier duly authorized to do business in this state certifying that there is in effect a motor vehicle liability policy for t…