Title 32, MOTOR VEHICLES

No person may operate a vehicle, trailer, or semitrailer as a commercial motor vehicle on the public highways of this state with a gross weight of more than the gross weight fixed and determined by the person and for which the person has paid commercial motor vehicle fees and rec…

In consideration of the unusual use of the public highways, each person, except as otherwise provided in this chapter, desiring to operate a motor vehicle, trailer, or semitrailer, upon the public highways of this state as a motor carrier, shall annually pay the commercial motor …

Payment of the annual commercial motor vehicle fee shall be made before beginning an operation or anytime within ninety days prior to the vehicle's registration date. A commercial motor vehicle plate shall be displayed prior to beginning operation and during operation. A violatio…

The secretary of revenue may promulgate rules pursuant to the provisions of chapter 1-26 to provide for a staggered registration system. Source: SL 2004, ch 210 , § 1; SL 2010, ch 158 , § 5; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.

Any fee paid pursuant to this chapter shall be calculated by assessing one - twelfth of the annual registration fee times the number of months or any portion thereof for which the vehicle is being licensed. Source: SL 2004, ch 210 , § 2.

The annual registration of all intrastate commercial vehicles shall be staggered in accordance with the provisions set forth in §§ 32-5-2.1 , 32-5-2.2 , and 32-5-2.4 . Source: SL 2010, ch 158 , § 1.

Each commercial motor vehicle plate or validation decal, intrastate and interstate, shall be valid from the date of issue to the last day of the assigned expiration month. If any plate is issued after the renewal month, the commercial motor vehicle fee shall be paid only for the …

The department or its agent shall refuse to issue a registration, license plate, permit, or a certificate of title or to transfer any title on a vehicle licensed under chapter 32-9 or 32-10 that has been assigned to a commercial motor carrier who has been prohibited from operatin…

The department or its agent shall refuse to issue a registration, license plate, permit, or a certificate of title or to transfer any title on a vehicle licensed under chapter 32-9 or 32-10 if a motor carrier fails to disclose material information required, if the motor carrier h…

Except as provided in § 32-9-3 , the term, motor carrier, when used in this chapter means any person, copartnership, corporation, or limited liability company owning, controlling, operating, or maintaining a commercial vehicle. Source: SDC 1939, § 44.0422; SL 1943, ch 160 ; SL 19…

Each motor carrier desiring to discontinue using a vehicle as a commercial motor vehicle, may, on or before the termination of any year as provided in § 32-9-17 , return the commercial motor vehicle plates and certificates to the county treasurer of the county where the vehicle w…

The fee schedule for a temporary permit to operate as a commercial motor vehicle for any thirty - day period shall be: (1) Gross weight of four thousand pounds or less, nine dollars; (2) Gross weight of 4001 to 6000 pounds, eleven dollars; (3) Gross weight of 6001 to 8000 pounds,…

The owner of a commercial motor vehicle may obtain from the office of any county treasurer a temporary nonhire permit to operate on the highways of this state. This permit shall be issued by the county treasurer upon payment of the fee prescribed under § 32-5-107 . The permit con…

Motor carriers who make use of the highways of this state or haul overweight loads under special permit on the highways of this state may elect to pay a commercial motor vehicle fee of fifteen dollars per vehicle per trip. Proof of a valid motor vehicle registration, or temporary…

If a motor carrier in intrastate commerce elects to pay the commercial motor vehicle fee pursuant to § 32-9-23.1 , the carrier shall make application to an agent, patrol officer, motor carrier enforcement officer, or motor carrier inspector of the Department of Public Safety. Sou…

Application to pay commercial motor vehicle fees pursuant to § 32-9-23.2 shall be made and the permit secured prior to the motor carrier beginning the movement over the highways. A violation of this section is a Class 2 misdemeanor. Source: SL 1971, ch 197 , § 3; SL 1977, ch 249 …

Upon payment of the permit fee set forth in § 32-9-23.1 , the carrier shall be issued a receipt which shall be the permit to move such vehicle pursuant to the permit. The carrier shall retain the receipt or permit in the carrier's possession for display upon demand of any agent, …

For the purposes of this chapter, the following do not come within the definition of motor carriers or commercial vehicles if used in intrastate operations: (1) A motor vehicle registered in South Dakota used to carry private business property of five hundred pounds or less; (2) …

Any motor vehicle or trailer owned and operated by a resident or a nonresident engaged in the harvest of agricultural products may be operated upon the highways, roads, and streets of this state upon payment of a seventy-five dollar fee. Payment of the fee is evidenced by a permi…

The specialized equipment mounted on a motor vehicle chassis which is enumerated in subdivisions 32-9-3(2) and (3) is included in the vehicle weight used to determine license fees under the noncommercial schedule. A violation of this section is a Class 2 misdemeanor. Source: SL 1…

The owner of any vehicle or equipment as defined by subdivision 32-9-3(7) shall, prior to the calendar year in which it is to be operated, file an application for a license with the department. The application shall be on a form prescribed and furnished by the department and shal…

For any vehicle, with a seating capacity of sixteen or more persons, including the driver, used as a motorbus in the transportation of persons for hire within the corporate limits of any city or town an annual license fee shall be based on the noncommercial vehicle fee schedule p…

The business of operating as a motor carrier as defined in §§ 32-9-2 and 32-9-3 upon the highways of this state is declared to be a business affected with the public interest. The rapid increase in motor carrier traffic over the highways of this state tends to subject said highwa…

Each person, corporation, or limited liability company operating a motor vehicle, trailer, or semitrailer as a motor carrier on the highways of this state, whether engaged in business wholly in this state, or partly in this state and partly in an adjoining state, shall comply wit…

The department may, pursuant to chapter 1-26 , revoke and cancel or suspend the commercial motor vehicle certificate which belongs to a person who violates any provision of this chapter. Source: SDC 1939, § 44.9927; SL 1977, ch 249 , §§ 42, 57; SL 1978, ch 158 , § 27; SL 1989, ch…

It is a Class 1 misdemeanor for any carrier to fail or refuse to surrender to the Department of Revenue upon its lawful demand any commercial motor vehicle license plate or certificate which has been suspended, revoked or canceled. If any person shall fail to return the commercia…

The department may, pursuant to chapter 1-26 , revoke and cancel or suspend the commercial motor vehicle certificate which belongs to any person who the court has assessed a civil penalty pursuant to § 32-5-16.7 four or more times within a one - year period. Source: SL 2002, ch 1…

Any motor carrier who shall operate upon the public highway any motor vehicle the weight of which, together with its load, shall exceed the gross weight of such vehicle specified in his application and authorized in the commercial motor vehicle certificate, shall be thereby deeme…

The obligation to pay commercial motor vehicle fees under § 32-9-45 shall be calculated and incorporated in the judgment of any court wherein a motor carrier has been convicted of any offense involving the overweight operation of any motor vehicle upon the highways of this state,…

For the purpose of this chapter, in determining the gross weight of vehicle or vehicles, and load combined, a variation of five percent, but not to exceed one thousand pounds in excess of the maximum weights herein provided, is hereby allowed, without such variation constituting …

For the purpose of this chapter, any person as defined in § 32-9-1 , using the public highways of this state as a motor carrier, shall be deemed to be making unusual use of said highways. Source: SDC 1939, § 44.0421.

For the purposes of this chapter, the gross weight, as defined in subdivision 32-9-1(6), for tow trucks or wreckers, as defined and operated in §§ 31-8-15 and 31-8-15.1 , is the actual weight of the equipped motor vehicle and does not include the weight of the motor vehicle being…

Except as to motor passenger buses operating exclusively within the corporate limits of any municipality, there shall be paid as the annual license fee for any vehicle in the transportation of persons for hire over the highways of this state, with a seating capacity of sixteen or…

Any commercial motor carrier located in the state hauling a new trailer with a manufacturer's statement of origin or certificate of title and who has registered with the Department of Revenue as a transporter may use a transporter plate upon the streets and highways for in-transi…

The department may, pursuant to chapter 1-26 , revoke or suspend the transporter plate issued pursuant § 32-9-57 which belongs to any transporter. It is a Class 1 misdemeanor for any transporter to fail or refuse to surrender to the department upon its lawful demand any transport…

Before any motor vehicle, trailer, semitrailer, motor propelled, or trailed vehicle chassis defined in subdivision 32-9-3(7) is moved between job sites or from one job site to a central location, the owner shall register the unit pursuant to § 32-9-3.3 and purchase a five dollar …

Any new or used vehicle owned by a licensed vehicle dealer, bearing a dealer's 88 license plate issued pursuant to the provisions of §§ 32-6B-22.1 and 32-6B-22.2 may operate such vehicle for the licensed dealership as a motor carrier or any prospective buyer may operate such vehi…

Any person, corporation, or limited liability company desiring to operate a motor vehicle, trailer, semitrailer as a motor carrier of persons or property on the public highways of this state shall, before beginning the operations, cause to be presented to the county treasurer of …

On receipt of an application under § 32-9-6 and payment of the commercial motor vehicle fee, required by this chapter, and upon satisfactory evidence that the applicant has complied with all laws, rules, and regulations of this state covering motor vehicles and motor carriers, th…

All fees for a commercial vehicle apply to the power unit or tractor only. In the case of individual power units pulling interchangeable trailers or semitrailers, the commercial motor vehicle shall be licensed according to the largest gross maximum weight the power unit will haul…

Upon loss or destruction of any commercial motor vehicle plate the Department of Revenue shall furnish to the carrier a duplicate plate or plates upon the payment of the sum of ten dollars per plate at the time of the application for the duplicate plate; any funds derived from th…