Title 32 — MOTOR VEHICLES

Every motor vehicle liability policy shall be subject to the following provisions which need not be contained therein: (1) The liability of the insurance carrier with respect to the insurance required by this chapter shall become absolute whenever injury or damage covered by said…

Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in addition to the coverage specified for a motor vehicle liability policy and such excess or additional coverage shall not be subject to the provisions of this c…

Any motor vehicle liability policy may provide that the insured shall reimburse the insurance carrier for any payment the insurance carrier would not have been obligated to make under the terms of the policy except for the provisions of this chapter. Source: SL 1957, ch 212 , § 5…

Any motor vehicle liability policy may provide for the prorating of the insurance thereunder with other valid and collectible insurance. Source: SL 1957, ch 212 , § 51; SDC Supp 1960, § 44.03A51 (9).

The requirements for a motor vehicle liability policy may be fulfilled by the policies of one or more insurance carriers which policies together meet such requirements. Source: SL 1957, ch 212 , § 51; SDC Supp 1960, § 44.03A51 (10).

Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for such a policy. Source: SL 1957, ch 212 , § 51; SDC Supp 1960, § 44.03A51 (11).

If an insurance carrier has certified a motor vehicle liability policy under § 32-35-65 or 32-35-66 , a written notice indicating the date of cancellation or termination of the insurance so certified shall be filed with the Department of Public Safety within fifteen days of the d…

This chapter shall not be held to apply to or affect policies of automobile insurance against liability which may now or hereafter be required by any other law of this state, and such policies, if they contain an agreement or are endorsed to conform with the requirements of this …

This chapter shall not be held to apply to or affect policies insuring solely the insured named in the policy against liability resulting from the maintenance or use by persons in the insured's employ or on his behalf of vehicles not owned by the insured. Source: SL 1957, ch 212 …

Proof of financial responsibility may be evidenced by the bond of a surety company duly authorized to transact business within this state, or a bond with at least two individual sureties each owning real estate within this state, and together having equities equal in value to at …

A bond filed pursuant to § 32-35-83 shall constitute a lien in favor of the state upon the real estate so scheduled of any surety, which lien shall exist in favor of any holder of a final judgment against the person who has filed such bond, for damages, including damages for care…

The provisions of chapter 43-28 shall apply to the recording of a notice pursuant to § 32-35-84 except that such notice may be recorded without acknowledgment or further proof of execution. Such notices shall be recorded in the set of books in which mortgages are required to be r…

If a judgment referred to in § 32-35-84 , rendered against the principal on such bond, shall not be satisfied within thirty days after it has become final, the judgment creditor may, for his own use and benefit and at his sole expense, bring an action or actions in the name of th…

Proof of financial responsibility may be evidenced by the certificate of the state treasurer that the person named therein has deposited with him twenty - five thousand dollars in cash, or securities such as may legally be purchased by savings banks or for trust funds of a market…

A deposit pursuant to § 32-35-87 shall be held by the state treasurer to satisfy, in accordance with the provisions of this chapter, any execution on a judgment issued against such person making the deposit, for damages, including damages for care and loss of services, because of…

The owner of a motor vehicle may give proof of financial responsibility on behalf of his employee or a member of his immediate family or household in lieu of the furnishing of proof by any said person. The furnishing of such proof shall permit such person to operate only a motor …

Any person in whose name more than twenty - five vehicles are registered in this state may qualify as a self - insurer by obtaining a certificate of self - insurance issued by the Department of Public Safety as provided in §

The Department of Public Safety may, in its discretion, upon the application of a person described in § 32-35-90 , issue a certificate of self - insurance when the department is satisfied that such person is possessed and will continue to be possessed of ability to pay judgments …

Upon not less than five days' notice and a hearing pursuant to such notice, the Department of Public Safety may upon reasonable grounds cancel a certificate of self - insurance. Failure to pay any judgment within thirty days after such judgment shall have become final shall const…

The Department of Public Safety shall consent to the cancellation of any bond or certificate of insurance or the department shall direct and the state treasurer shall return any money or securities to the person entitled thereto upon the substitution and acceptance of other adequ…

Whenever any proof of financial responsibility filed under the provisions of this chapter no longer fulfills the purposes for which required, the Department of Public Safety shall, for the purpose of this chapter, require other proof as required by this chapter and shall suspend …

The Department of Public Safety shall upon request consent to the immediate cancellation of any bond or certificate of insurance, or the department shall direct and the state treasurer shall return to the person entitled thereto any money or securities deposited pursuant to this …

Notwithstanding § 32-35-95 , the Department of Public Safety shall not consent to the cancellation of any bond or the return of any money or securities in the event any action for damages upon a liability covered by such proof is then pending or any judgment upon any such liabili…

Whenever any person whose proof has been canceled or returned under subdivision § 32-35-95(3) applies for a license or registration within a period of three years from the date proof was originally required, any such application shall be refused unless the applicant shall reestab…

The Department of Public Safety shall administer and enforce the provisions of this chapter relating to driver licensing and financial responsibility and may promulgate rules pursuant to chapter 1-26 necessary to administer the functions relating to driver licensing and financial…

The Department of Public Safety shall receive and consider any pertinent information upon request of persons aggrieved by its orders or acts under any of the provisions of this chapter relating to driver licensing or financial responsibility. The Department of Revenue shall recei…

Abandoned, derelict, and junk motor vehicles and other scrap metals constitute a hazard to the health and welfare of the people of the State of South Dakota in that such vehicles and other scrap metals can harbor noxious diseases, furnish shelter and breeding places for vermin, a…

32-36-11 Application for certificate of title by removal agency.

The removal agency shall apply to the Department of Revenue for a salvage title for any salvage or junk vehicle. If a vehicle is not a salvage or junk vehicle, the removal agency shall apply for a certificate of title to the department. Such title when issued shall be stamped on …

Terms used in this chapter mean: (1) "Abandoned motor vehicle," any motor vehicle left on a public street or highway or left on private property without the permission of the landowner or tenant; (2) "Impounded vehicle," any motor vehicle removed or caused to be removed from a pu…

Any removal agency may remove and salvage abandoned, and junk motor vehicles and other scrap metal and may locate, enumerate, and mark; secure authorization for removal; remove, collect, and store; and secure transportation to processing centers for any abandoned or junk motor ve…

Any removal agency may secure the necessary authorization or license from the owner or tenant of any land. After such authorization has been secured the removal agency may enter upon the land for the purpose of removing any abandoned or junk motor vehicles or other scrap metals. …

No removal agency may remove abandoned motor vehicles from private property without the written permission of the landowner or tenant. A violation of this section is a Class 2 misdemeanor. Source: SL 1987, ch 245 , § 2A; SL 1990, ch 158 , § 3.

For the purposes of this chapter, the Department of Revenue shall cooperate with any removal agency by providing the last known address of the record holder of title and any readily identifiable lien holders free of charge. Source: SL 1972, ch 197 , § 5 (3); SL 1973, ch 2 , § 34(…

32-36-7

32-36-8 Notice to owner and lien holders after removal--Contents--Form--Publication of notice--Violation as misdemeanor. 32-36-9 Vesting of title in removal agency after notice sent--Time allowed for holder of title or lien holder to reclaim--Notice of intent to reclaim--Failure …

Within forty - five days after any abandoned or junk motor vehicle, any wrecked vehicle as provided by § 32-30-14 , or any impounded vehicle, or other scrap metal has been removed, the removal agency shall send written notice by certified mail to the registered owner, if any, of …

If it is impossible to determine with reasonable certainty the identity and address of the registered owner and all lien holders, the notice shall be published once in a newspaper of general circulation in the area where the motor vehicle was abandoned or wrecked. Published notic…

Any operator of any passenger vehicle transporting a child under five years of age on the streets and highways of this state shall properly secure the child in a child passenger restraint system according to its manufacturer's instructions. The child passenger restraint system sh…

Any operator of a passenger vehicle operated on a public street or highway in this state transporting a passenger who is at least five and under eighteen years of age shall assure that the passenger is wearing a properly adjusted and fastened safety seat belt system, required to …

Any operator of any passenger vehicle operated on a public street or highway in this state, who is at least fourteen years of age and under eighteen years of age, shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the passenger vehicl…

Any passenger of any passenger vehicle operated on a public street or highway in this state, who is at least fourteen years of age and under eighteen years of age, shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the passenger vehic…

The provisions of this chapter do not apply in passenger cars manufactured before 1966 that have not been equipped with seat belts. Source: SL 1984, ch 235 , § 2; SL 1998, ch 199 , § 2; SL 2001, ch 179 , § 4. 32-37-3. Repealed by SL 1990, ch 261 , § 2.

Failure to comply with the provisions of this chapter is not considered as contributory negligence, comparative negligence, or assumption of the risk and is not admissible as evidence in the trial of any civil action. Source: SL 1984, ch 235 , § 4.

Source: SL 1994, ch 266 , § 1.

Except as provided in chapter 32-37 and § 32-38-3 , every operator and front seat passenger of a passenger vehicle operated on a public highway in this state shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the passenger vehicle whe…

For the purposes of this chapter, a passenger vehicle is any self-propelled vehicle intended primarily for use and operation on a public highway including any passenger car, station wagon, van, taxicab, emergency vehicle, motor home, truck, or pickup. The term does not include an…

The provisions of § 32-38-1 do not apply to: (1) Any occupant of a passenger vehicle manufactured before September 1, 1973; (2) Any occupant of a passenger vehicle who possesses a written statement from a doctor licensed under chapter 36-4 or 36-5 that the individual is unable fo…

Failure to comply with the provisions of this chapter does not constitute contributory negligence, comparative negligence, or assumption of the risk. Failure to comply with the provisions of this chapter may not be introduced as evidence in any criminal litigation other than a pr…

Enforcement of this chapter by state or local law enforcement agencies shall be accomplished as a secondary action. A violation of this chapter is a petty offense. Source: SL 1994, ch 266 , § 5.