Title 32 — MOTOR VEHICLES

Terms used in this chapter mean: (1) "Administrator," the administrator of the dealer licensing and inspection program of the Department of Revenue; (2) "Auctioneer," a person who presides over a public auction where following an initial starting price, bids are taken from two or…

For the purposes of this chapter, the term, motor home, means a motor vehicle that is designed as an integral unit to be used as a conveyance upon the public highways and for use as a temporary or recreational dwelling and that has at least four of the following permanently insta…

For the purposes of this chapter, the term, recreational park trailer, means a vehicle that is primarily designed to provide temporary living quarters for recreational, camping, or seasonal use and that: (1) Is built on a single chassis mounted on wheels; (2) Has a gross trailer …

For the purposes of this chapter, the term, temporary special events lot, means a location other than the principal place of business, supplemental lot, or temporary supplemental lot where a licensed trailer dealer, a licensed used car dealer, or a licensed vehicle dealer selling…

For the purposes of this chapter, the term, temporary supplemental lot, means a location other than the principal place of business or supplemental lot that is: (1) Within the same county as the principal place of business; (2) Within the corporate limits of a municipality that o…

No dealer's license may be issued to a person who desires to sell or offer for sale new vehicles until the applicant furnishes written proof, satisfactory to the department, that the person has a bona fide contract or franchise in effect in this state with the manufacturer of the…

The department shall, in the case of every application for initial licensure, verify the facts set forth in the application. The department may not issue a license to the applicant until it is satisfied that the facts set forth in the application are true. The department may refu…

Any dealer's license issued under this chapter shall be of the following classes: (1) "Vehicle dealer's license," a license that permits the licensee to engage in the business of selling or exchanging new, or new and used, vehicles; (2) "Used vehicle dealer's license," a license …

Any person engaged in the retail sale of low-speed vehicles shall be licensed as a vehicle dealer or used vehicle dealer. Source: SL 2008, ch 147 , § 7.

Upon making initial application for a dealer's license, the applicant shall pay a fee to the department. The initial fee required for each type of dealer's license is as follows: (1) Vehicle dealer's license--$300; (2) Used vehicle dealer's license--$300; (3) Motorcycle and off-r…

The application for license and all applicable fees are due prior to the issuance of the initial license. Each license renewal shall be reviewed annually by the department. The department shall mail to the licensee at the last known address a renewal notice. If the licensee is re…

A renewal application shall be submitted to the department annually, prior to the expiration of the old license. The applicant shall pay a fee based on the following schedule to the department: (1) Vehicle dealer's license--$175; (2) Used vehicle dealer's license--$175; (3) Motor…

Any license certificate issued by the department may be modified by indorsement to show a change in the name of the licensee, provided the majority ownership interest of the license has not changed or the name of the person appearing as franchisee on the sales and service agreeme…

If the applicant sets up a principal place of business in more than one county of this state, the applicant shall secure a separate license for each county. However, a vehicle dealer or used vehicle dealer who sells or displays a vehicle that is twenty model years or older or an …

If the licensee desires to move from the principal place of business occupied at the time the license was granted to a new location within the county, he shall secure written permission from the department to do so. The licensee is required to furnish proof to the department that…

Any person licensed under this chapter, who sells vehicles at locations other than the principal place of business, shall obtain a supplemental license for each auxiliary or supplemental lot not contiguous to the location for which the original license is issued. If the license i…

For purposes of this chapter, the term, principal place of business, means an enclosed commercial structure located within this state, easily accessible and open to the public at least twenty hours per week between the hours of 8:00 a.m. to 8:00 p.m., inclusive, with an improved …

Each dealer licensed under the provisions of this chapter, shall keep books, records, or files, in such form as prescribed or approved by the department, including the following: (1) A record of the purchase, sale, or exchange, of any vehicle; (2) A description of each vehicle pu…

A dealer is not required to keep a certificate of title for any vehicle with a manufacturer's weight of sixteen thousand pounds or greater if a copy of the front and back of the certificate of title which has been assigned to the dealer is kept at the location where the vehicle i…

A dealer may offer for sale, sell, or exchange a vehicle without a certificate of title if the dealer complies with the following applicable provisions: (1) The dealer has a record of purchase, sale, or exchange of a vehicle to include the satisfaction of any outstanding liens or…

If a person trades in a vehicle to a dealer or enters into a consignment agreement with a dealer whereby the dealer will sell the vehicle and the vehicle has a lien noted on the title, the dealer and person may agree that the dealer shall satisfy the lien amount by paying the lie…

If a dealer enters into an agreement pursuant to § 32-6B-20.3 , the dealer shall satisfy the lien within ten business days after the receipt of funds. No dealer may offer the vehicle for sale until payment has been tendered to the lienholder, except on a consigned vehicle, whereb…

The department shall issue metal numerical license plates to licensed dealers upon application and payment of a one hundred one dollar yearly fee to be paid at the time of the annual review date for each set desired. The fees shall be distributed in the manner specified in §§ 32-…

In addition to the license plate and decal fees assessed in §§ 32-6B-21 , 32-6B-22.1 , 32-6B-23 , and 32-6B-36.3 , the department shall collect from the dealer one dollar and fifty cents per decal or set of decals or seven dollars and fifty cents per license plate or set of plate…

Any new vehicle or used vehicle owned by a licensed dealer, bearing a dealer's 77 license plate issued pursuant to § 32-6B-21 , may be driven on the streets and highways of this state for any purpose. However, the dealer 77 license plate may not be used on any vehicle used for le…

The department shall issue metal numerical license plates to licensed vehicle dealers upon application and payment of the gross weight tonnage fees pursuant to § 32-9-15 at the time of annual renewal for each set desired. The license plates shall be numbered consecutively and sha…

Any vehicle owned by a licensed new or used vehicle dealer that is being used to transport any inventory replacement vehicle bearing an 88 license plate issued pursuant to § 32-6B-22.1 may be operated on the streets and highways of this state as a motor carrier if the provisions …

The department shall issue to any motorcycle dealer and trailer dealer licensed pursuant to this chapter metal number plates bearing a prefix of the letter "D" and containing a distinguishing identification number of the licensee. The dealer shall make application to the departme…

Any dealers' metal plates issued pursuant to § 32-6B-21 or 32-6B-23 , remain the property of the state and may be repossessed by the state in the event of a violation of any of the provisions of this chapter. Source: SL 1986, ch 250 , § 25.

Any new or used vehicle owned by a licensed dealer, bearing dealers' demonstration or in-transit permits, may be driven upon the streets and highways of this state for demonstration or in-transit purposes and for travel to and from a service facility, such as a repair shop, detai…

In the case of a vehicle which is sold by a licensed dealer, the dealer may provide a temporary forty-five day license permit. The permit authorizes the operation of the vehicle upon the highways of this state for a period of forty-five days after the date of sale or until the ti…

A temporary forty-five day license permit shall be affixed to the inside windows, to the front at the lower right-hand corner of the windshield, and to the rear on the lower left-hand corner of the rear window or to the lower rear portion of the left rear window. In the case of m…

The owner of a vehicle described in § 32-6B-26 , shall within forty-five days after the date of purchase, apply to the county treasurer of the owner's county of residence for registration and shall possess a bill of sale, or duplicate thereof, or a properly assigned registration …

No dealer may use the temporary license permits provided for pursuant to the provisions of § 32-6B-26 , upon any vehicle owned by the dealer or for any purpose other than for vehicles sold by the dealer. No person may renew the temporary license permit. A violation of this sectio…

Any dealer or public auction may sell, or offer to sell, new or used vehicles on consignment. For the purposes of this chapter, consignment means the delivery of a vehicle by the owner into the possession of another without transfer of title for the purpose of sale or where there…

No person may sell or offer to sell a motor vehicle, to which a manufacturer's statement of origin has not been transferred, on consignment. Source: SL 1997, ch 182 , § 12.

Before a South Dakota titled vehicle may be sold by a consignee or at a public auction pursuant to § 32-6B-3 , the consignee or auctioneer shall have in possession an odometer reading certified by the owner of the motor vehicle and a South Dakota title for the motor vehicle. A vi…

A consignee or an auctioneer may not sell a motor 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. A consignee or an auctioneer may not release the proceeds from the sale o…

Notwithstanding the provisions of subdivision 32-6B-5(4), any titled vehicle, including a vehicle owned by a vehicle dealer who has obtained a permit under the provisions of § 32-6B-5.4 but who is licensed in another state, except a motorcycle, that is not titled in South Dakota …

Notwithstanding the provisions of subdivision 32-6B-5(4), any motorcycle, including a motorcycle owned by a dealer who has obtained a permit under the provisions of § 32-6B-5.4 but who is licensed in another state, that is not titled in South Dakota, and that is at least thirty y…

In addition to the consignment sales requirements provided in this chapter, any dealer or public auction may sell, or offer to sell, used motorcycles and used off-road vehicles as defined in § 32-3-1 on consignment if the dealer has in possession a South Dakota title for the vehi…

The department shall prescribe, by rule, the size, color, material, and design of dealers' demonstration, in-transit, and temporary forty-five day license permits to be used by dealers licensed under this chapter. Every temporary forty-five day license permit, or dealers' demonst…

For the purposes of §§ 32-6B-35 to 32-6B-37 , inclusive, a dealer's car auction agency includes any person, firm, limited liability company, corporation, or association engaged in an auction, as defined by chapter 59-8 , of vehicles. The sales shall involve only vehicles owned by…

Each auction agency shall, before conducting any auction sale, file with the department, a bond in the amount of fifty thousand dollars to the State of South Dakota, with a corporate surety authorized to do business in this state, and conditioned to pay all losses, damages, and e…

If any motor vehicle has a title that has been marked by this state or another state or jurisdiction denoting any brand or damage and that motor vehicle is offered for sale by a dealer's car auction agency, the auction agency shall announce at the time of the sale that such brand…

Any auction agency operating under the provisions of this chapter may accept for sale at its option vehicles which are owned by vehicle dealers regularly licensed in either this or some other state, or by the following entities if the vehicle is owned and titled by the entity and…

Notwithstanding §§ 32-6B-34 and 32-6B-36 , any auction agency may accept for sale at its option vehicles which are owned by any governmental entity. Any member of the public may purchase those vehicles. The auction agency shall ensure that vehicles held and sold pursuant to this …

32-6B-36.3 Issuance of auction agency plates--Numbering--Fees--Return of plates--Misdemeanor. 32-6B-36.4 Use of agency plates--Transfer of plates--Violation as misdemeanor. 32-6B-37 Dealer's car auction agency--Records required. 32-6B-37.1 Public auction to keep records--Inspecti…

The department shall issue metal numerical license plates to an auction agency upon application and payment of a one hundred one dollar yearly fee to be paid at the time of the annual review date for each set desired. Such fees shall be distributed in the manner specified in §§ 3…

Any vehicle being transported to or from the auction agency's place of business bearing a "99" license plate issued pursuant to § 32-6B-36.3 may be driven on the streets and highways of this state for the purpose of transporting a vehicle that will be sold or has been sold by the…