Title 32 — MOTOR VEHICLES

For the purposes of this chapter, a "snowmobile dealer" means any person who, for commission or with intent to make a profit or gain, sells, exchanges, rents with option to purchase, offers or attempts to negotiate a sale or exchange of new or used snowmobiles, or who is engaged …

If a snowmobile is sold by a licensed dealer, the dealer may provide a temporary forty-five day license permit which is a permit to operate the snowmobile in this state for a period of forty-five days after the date of sale or until the time the purchaser receives the regular lic…

The department may appoint dealer inspectors to enforce the provisions of this chapter. The inspectors may enter property pursuant to § 32-6C-12 and sign complaints against persons found in violation of this chapter. Source: SL 1990, ch 246 , § 1.

The department may investigate any dealer licensed under this chapter for the purpose of ascertaining any violation of this chapter or chapter 32-20A and chapters 32-3 to 32-5 , inclusive. The investigation shall include an inspection of the principal place of business, supplemen…

32-6C-14 Grounds for denial of license or application of provisions of §§ .1 to 32-6C-41.6, inclusive. 32-6C-14.1 Cease and desist order for specified violations--Period of effectiveness. 32-6C-14.2 Hearing on question of whether violations occurred--Procedures. 32-6C-14.3 Finali…

The department may deny any application or apply the provisions of §§ 32-6C-14.1 to 32-6C-14.6 , inclusive, on any license issued under the provisions of this chapter, for any of the following : (1) Commission of fraud or willful misrepresentation in the application for or in obt…

In addition to any other remedy provided by law, the secretary of revenue may issue an order directing a snowmobile dealer to cease and desist from engaging in any act or practice enumerated in §

Within twenty days after service of the order to cease and desist, the snowmobile dealer may request a hearing in writing on the question of whether acts or practices in violation of this title have occurred. Any hearing shall be conducted pursuant to, and judicial review shall b…

A cease and desist order pursuant to § 32-6C-14.1 becomes final upon expiration of the time allowed for appeals from the secretary's order if no appeal is taken, or, if an appeal is taken, upon final decision of the court if the court affirms the secretary's order or dismisses th…

If a dealer fails to comply with a cease and desist order issued pursuant to § 32-6C-14.1 , the secretary may issue an order which: (1) Imposes a monetary penalty on the dealer of five hundred dollars for each violation of the cease and desist order; (2) Suspends dealer's license…

A dealer may request a hearing to contest an order issued pursuant to §

An order issued pursuant to § 32-6C-14.4 becomes final upon expiration of the time allowed for appeals from the secretary's order, if no appeal is taken, or, if an appeal is taken, upon final decision of the court if the court affirms the secretary's order or dismisses the appeal…

The secretary of revenue may adopt rules pursuant to chapter 1-26 as may be necessary to ensure and obtain uniformity in the issuance of dealers' licenses, the inspection of dealers, and the use of dealer plates, demonstration permits, and temporary licenses as provided by this c…

No person may engage in the business of selling, or may offer to sell, display, act as a broker, or advertise the sale of new or used snowmobiles, without a license. Any violation of this section is a Class 2 misdemeanor. Any subsequent violation that occurs within two years from…

Any person selling snowmobiles pursuant to the requirements of this chapter shall file with the Department of Revenue, upon forms provided by the department, an application including the following information: (1) The name and address of the applicant; (2) The name of the partner…

Before any license may be issued, the applicant shall deliver to the department, a surety bond in the amount of five thousand dollars, executed by the applicant as principal and by a surety company qualified to do business in the state as surety. The bond shall be to the departme…

To implement any increase in the amount of a dealer bond, a dealer, upon renewal of a bond or upon annual renewal of a dealer license, whichever comes first, shall deliver to the department an original bond or a bond rider that is issued by the surety company showing the new bond…

Upon making initial application for a dealer's license, the applicant shall pay a fee of one hundred fifty dollars to the department. A renewal application shall be submitted to the department annually, unless the license has been revoked prior to the expiration date, along with …

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

No person may sell or offer to sell a snowmobile, to which a manufacturer's statement of origin has not been transferred, on consignment. Source: SL 2005, ch 163 , § 2.

A dealer licensed under the provisions of this chapter shall keep books, records, or files for five years in the form prescribed by the department, and include the following in the dealer's books, records, or files: (1) A record of the purchase, sale, or exchange, of any snowmobi…

A dealer may offer for sale, sell, or exchange a snowmobile 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 snowmobile to include the satisfaction of any outstanding li…

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

If a dealer enters into an agreement pursuant to § 32-6C-6.1 , the dealer shall satisfy the lien within ten business days after the receipt of funds. No dealer may offer the snowmobile for sale until payment has been tendered to the lienholder, except on a consigned snowmobile, w…

The department shall issue license plates of a durable material to licensed dealers upon application and payment of ten dollars for each set desired. Two dollars of each fee collected for each set of dealer license plates shall be credited to the motor vehicle fund and the remain…

In addition to the license fees assessed in § 32-6C-7 , the department shall collect from the dealer one dollar and fifty cents per decal if a decal is sent to the dealer through the mail. If the dealer requests that the decal be express mailed, the dealer must pay the actual cos…

Any new snowmobile or used snowmobile owned by a licensed dealer, bearing dealer's "SD" license plates issued pursuant to § 32-6C-7 may be operated in this state. One license plate shall be displayed on each side of the snowmobile. The "SD" license plate is transferable by the de…

Any new or used snowmobile owned by a licensed dealer, bearing dealer's demonstration permits, may be operated in this state for demonstration purposes only. Such snowmobiles may be operated by any prospective buyer for a period not to exceed three days. No dealer may issue a dea…