Title 32 — MOTOR VEHICLES

If any vehicle, trailer, or semitrailer is rebuilt as defined in § 32-3-1 and is restored to operation, the owner shall submit an application to the Department of Revenue for a rebuilt title. The motor vehicle, trailer, or semitrailer may not be licensed or titled until there is …

32-3-53.2 Inspection of restored or rebuilt vehicles. 32-3-53.3

The motor vehicles, trailers, or semitrailers referred to in § 32-3-53 may be inspected by an employee of the Department of Revenue or a highway patrolman. The certificate of inspection shall be of a form prescribed and furnished by the department. Motor vehicles, trailers, or se…

32-3-53.4 Trailer defined. 32-3-54

For the purposes of §§ 32-3-53 and 32-3-53.2 , a trailer is any trailer as defined in § 32-3-1 which has an actual weight of three thousand pounds or greater. Source: SL 1985, ch 239 , § 8; SL 2011, ch 138 , § 1. 32-3-54. Repealed by SL 1984, ch 30 , § 35. 32-3-55. Transferred.

32-3-55

32-3-56 Special seal--Forms furnished by secretary. 32-3-57 Promulgation of rules--Duty of local officials. 32-3-58

For the purpose of carrying out the provisions of this chapter, the office of the secretary may adopt and use a special seal. The secretary shall prescribe and furnish all printed forms needed to carry out the provisions of this chapter. Source: SDC 1939, § 44.0208 (2) as added b…

The secretary of revenue may promulgate rules pursuant to chapter 1-26 and issue instructions as are necessary to ensure and obtain uniformity in the administration of the provisions of this chapter. Rules may be adopted in the following areas: (1) Application requirements for ne…

32-3-59 Auction of older motor vehicles by nonprofit automobile club--When permitted--Penalty. 32-3-60 Auctioneer to have odometer reading and certificate of title--Exception--Violation as misdemeanor. 32-3-61 Auction of vehicle covered by lien--Consent and release of lien holder…

Any motor vehicle that is twenty years of age or older may be sold at auction, if the auction is sponsored by a nonprofit automobile club subject to the provisions of chapters 47-22 to 47-28 , inclusive. A nonprofit automobile club may not sponsor more than four auctions a year u…

If the ownership of any motor vehicle, trailer, or semitrailer passes by operation of law, judicial sale, repossession, or proceedings or in any other manner not provided for in this chapter, the owner may, upon furnishing satisfactory proof to the department of such ownership, p…

Before a vehicle with a title issued by the department may be sold at an auction pursuant to § 32-3-59 , the auctioneer shall have in his possession an odometer reading certified by the owner of the motor vehicle if the vehicle has an odometer and, except as provided in § 32-3-61…

An auctioneer may not sell a 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. An auctioneer may not release the proceeds from the sale of a vehicle with a lien on the title…

Within fifteen days after an auction held pursuant to § 32-3-59 , the nonprofit automobile club sponsoring the auction shall provide the department with a list of the vehicles sold, including a photocopy of each vehicle's title. A violation of this section is a Class 2 misdemeano…

Sales of titled vehicles pursuant to §§ 32-3-59 to 32-3-62 , inclusive, are exempt from § 32-5-29 and chapter 32-6B . Source: SL 1986, ch 27 , § 17.

Except as provided in § 32-3-64.1, if a vehicle is eleven years old or more and no record exists for the vehicle, a person may apply for a vehicle title by submitting to the department an application for title, a valid bill of sale properly signed by the person who has the right …

If a vehicle is older than thirty years, no record exists for the vehicle, and there is no bill of sale for the vehicle, a person in lawful possession of the vehicle may apply for a vehicle title by submitting to the department an application for title and an affidavit declaring …

If any truck tractor is modified to become a motor home, the owner shall submit an application to the Department of Revenue for a converted motor home title. To become a motor home, the truck tractor shall be modified to include a vehicular-type unit built on the tractor's chassi…

For the purposes of this chapter, if a motor home is used to transport a motor vehicle, boat, or animal to a race, tournament, show, or similar event, the motor home is not deemed to be engaged in a private business use if: (1) Any prize money received from participating in such …

The department shall provide a person that has possession of a motor vehicle , boat as defined in § 32-3A-2 , moped, motorcycle, off-road vehicle as defined in § 32-20-1 , snowmobile as defined in § 32-20A-1 , or trailer, as the result of an unpaid repair bill, with the last know…

A person with possession of a vehicle described in § 32-3-67 may apply for a title on any motor vehicle, boat as defined in § 32-3A-2 , moped, motorcycle, off-road vehicle as defined in § 32-20-1 , snowmobile as defined in § 32-20A-1 , or trailer, that is left unclaimed as the re…

Except as provided below, title to any motor vehicle, boat as defined in § 32-3A-2 , moped, motorcycle, off-road vehicle as defined in § 32-20-1 , snowmobile as defined in § 32-20A-1 , or trailer, vests with the person to whom the unpaid repair bill is payable and who has complie…

On or before July 1, 2026, the department shall establish an electronic title and registration system for motor vehicles; boats, as described in chapters 32-3A and 32-7B ; vehicles, as defined in § 32-6B-1 ; snowmobiles, as described in chapter 32-6C ; manufactured and mobile hom…

An entity must submit an application to become an approved entity for purposes of this chapter. An approved entity may charge a customer a fee for services provided under §

An approved entity using the electronic title and registration system shall transmit all application documents, required electronic signatures, and fees, through the system to the department. Upon receiving an application transmitted through the electronic title and registration …

The department shall enter into contracts with one or more qualified ERT providers to integrate with the electronic title and registration system and other necessary, related state systems to provide software and programs to approved entities, the department, and county treasurer…

Any reference in this chapter to a "certificate of title" also applies to an electronic record of title under the electronic title and registration system required by §

If a title is held electronically, no paper title will be printed, except in the following circumstances: (1) The owner is relocating to another state, and there is no electronic system in place to transfer the title electronically between the states; (2) The owner has sold the t…

If a licensed dealer does not deliver title within forty-five days as required by § 32-3-7 , and the dealer has satisfied any lien in compliance with chapter 32-6B , 32-6C , 32-7A , or 32-7B and the delay in delivering title was caused because the lien holder failed to release th…

Notwithstanding any other provision of this title, the department may provide for an electronic lien filing system. If a lien has been noted electronically in the electronic lien filing system, no paper title may be issued to the owner of record or the lienholder. A paper title s…

A low-speed vehicle which meets the requirements of Part 49 Section 571.500 of the Code of Federal Regulations as amended to January 1, 2008, shall be issued a title. The manufacturer certificate of origin or vehicle title shall clearly identify the vehicle as a low-speed vehicle…

Any person in the business of repossessing motor vehicles may request any local law enforcement officer to provide the license plate number and color of a motor vehicle licensed in South Dakota. If a person in the business of repossessing motor vehicles provides a copy of the con…

Any dealer, upon the sale and delivery of any new motor vehicle, shall, within forty-five days of the sale and delivery of the new motor vehicle, deliver to the purchaser the manufacturer's statement of origin or manufacturer's certificate of origin for the motor vehicle. However…

If an insurer requests that an auction agency take possession of a motor vehicle that is the subject of an insurance claim and there is no total loss claim payment that results in transfer of ownership to the insurer of the motor vehicle, the department, upon request of the aucti…

Upon an auction agency's receipt of title, the motor vehicle shall be sold by the auction agency, and any excess proceeds received from the sale, beyond settlement of the reasonable charges incurred by the auction agency, shall be paid jointly to the owner and any prior lienholde…

The notice shall include the location of the motor vehicle; the circumstance surrounding acquisition of the motor vehicle; reasonable charges incurred by the auction agency; the year, make, model, and serial number of the motor vehicle; and shall inform the owner or lienholder of…

Notwithstanding any other law, if an insurer is unable to obtain a certificate of title for a motor vehicle from the owner or lienholder within forty-five days of payment of a total loss claim on the motor vehicle, and is unable to surrender the certificate of title to the depart…

An electric bicycle, as defined in § 32-20B-9 , is exempt from this chapter. Source: SL 2019, ch 135 , § 9.

A multi-passenger quadricycle, as defined in § 32-14-17 , is exempt from this chapter. Source: SL 2024, ch 118 , § 5.

32-3-9

Any person who owns a motor vehicle, off-road vehicle, snowmobile, or boat as defined in § 32-3A-2 , may submit to the department an application to provide for the transfer of the property upon the person's death or the death of the last survivor of a joint tenancy with the right…

Upon the death of the owner of property with a certificate of title containing a designation of beneficiary, or upon the death of the last survivor of a joint tenancy with the right of survivorship, the designated beneficiary may submit to the department an affidavit verifying th…

A designated beneficiary of the transfer on death has no interest in the property until the death of the owner or the last survivor of the joint tenancy with the right of survivorship. An owner or joint tenant with the right of survivorship may change a designation of beneficiary…

An owner of property may not designate a beneficiary, pursuant to § 32-3-80 , if the property is subject to any lien or other encumbrance. The department may not issue a certificate of title reflecting the transfer of ownership, pursuant to § 32-3-81 , if the property is subject …

Ownership of a motor vehicle, off-road vehicle, snowmobile, or boat as defined in § 32-3-2 , with a certificate of title that has a beneficiary designation, pursuant to § 32-3-80 , and on which an application for a subsequent certificate of title has not been filed, vests in the …

32-3-10 Statement or certificate of origin as passing title--Waiver and estoppel inapplicable. 32-3-11 Certificate as evidence of ownership--Possession before delivery of certificate--Risk of loss--Insurable interest. 32-3-12 Operation or possession of vehicle without certificate…

A boat is not required to be numbered under this chapter if the boat is: (1) A boat covered by a number still in effect which was awarded pursuant to federal law or a federally approved numbering system of another state, and the boat has neither: (a) Been in this state for more t…

If one of the validation decals or the registration is lost, or if the information for the validation decal or registration has changed and the owner needs to update the validation decal or registration, the owner of a boat numbered under this chapter must apply for replacement o…

Each registration and validation decal shall expire on the last day of the month of the year for which it was issued. The boat shall be registered in the same manner as motor vehicles pursuant to §§ 32-5-2.2 and