Title 32, MOTOR VEHICLES

If a peace officer has probable cause to believe that a motor vehicle or trailer or any component part of a vehicle is stolen, he shall impound the vehicle or part and notify its lawful owner and the agency to which the theft was reported of its recovery and location. A vehicle o…

Any person or entity knowingly in possession or control of two or more motor vehicles or trailers or their major component parts or assemblies such as, but not limited to, an engine, transmission, chassis, frame, front clip, rear clip, that are stolen, have had their identity obs…

Upon the arrest of any person or entity for violation of § 32-4-13 , the law enforcement officer may seize all vehicles or vehicle parts, all vehicles and other equipment used to transport such vehicle or vehicle parts, all tools, equipment, and other materials and all real and p…

If property is forfeited under this chapter, the secretary of public safety or the attorney general may retain the property for official use or sell any forfeited property which is not required to be destroyed by law and which is not harmful to the public, provided that the proce…

Any person who knowingly gives false, fraudulent, or erroneous information in connection with an application for the registration or titling of a vehicle or any application for assignment of a vehicle identification number or replacement documents or gives such information in con…

Before issuing a certificate of title, as provided in chapter 32-3 , the secretary of revenue shall check the motor and serial number on the motor vehicle, trailer, or semitrailer to be registered against the attorney general's files. The Department of Revenue shall examine and d…

Any person who tampers with the motor vehicle of another, with intent to injure the same or cause inconvenience to the owner or person lawfully in charge of the vehicle under such circumstances as not to constitute theft, is guilty of a Class 1 misdemeanor. Source: SDC 1939, § 44…

Any person who, with intent to procure or pass title to a motor vehicle which he knows, or has reason to believe, has been stolen, shall receive or transfer possession of the same from or to another, or who shall have in his possession any motor vehicle which he knows, or has rea…

No person may have in possession any blank or partially executed certificate of title and registration, certificate of registration, certificate of title, or other similarly styled form or document, whether genuine or counterfeit, of this or any other state or country, which is o…

No person may intentionally remove, deface, alter, destroy, cover, or obscure any vehicle identification number or other distinguishing number of a motor vehicle or trailer or any part thereof in this state, without written authorization from the Department of Revenue, nor may an…

In this chapter, the term, motor vehicle, includes all vehicles or machines, trailers, semitrailers, recreational vehicles, truck tractors, road tractors, and motorcycles propelled by any power other than muscular and used upon the public highways for the transportation of person…

Mopeds as defined in § 32-20-1 are exempt from the provisions of this chapter unless the applicant wishes to license a moped. Source: SL 1978, ch 230 , § 9; SL 1989, ch 257 , § 50.

Any farm wagon, farm implement drawn by another vehicle, or farm vehicle which is designed and used primarily for tillage, harvesting, or transportation of agricultural products or farm property by or for agricultural producers is exempt from the provisions of this chapter unless…

Any three - wheeled or four - wheeled all - terrain vehicle using a highway ditch or crossing a highway to get to and from a field or pasture and being used in the course of farm or ranch labor is exempt from the provisions of this chapter. Source: SL 1985, ch 242 .

In addition to the license fees and compensation required pursuant to § 32-5-9 for motorcycles, a motorcycle safety education fee of seven dollars shall be paid at the time of registration of each motorcycle. Source: SL 1982, ch 227 , § 1; SL 1991, ch 240 ; SL 1994, ch 239 ; SL 2…

The county treasurer shall remit to the department the motorcycle safety education fees collected pursuant to § 32-5-10.1 . The fees shall be deposited in the state treasury in a special revenue fund for use as specified in § 32-20-14 . Source: SL 1982, ch 227 , § 2; SL 1989, ch …

The collection and remittance of the fee imposed by § 32-5-10.1 shall be governed by § 32-11-19 . Source: SL 1982, ch 227 , § 3.

All motor vehicle license plates issued by the department, or by any county treasurer of the state, shall continue to be the property of the State of South Dakota for the period for which the plates are valid. Source: SDC 1939, § 44.0113; SL 1945, ch 186 ; SL 1989, ch 257 , § 101…

Any person who operates any motor vehicle upon the highways of this state while the registration thereof is suspended or revoked, shall be guilty of a Class 1 misdemeanor. Source: SDC 1939, § 44.9907.

A conviction of a violation of any of the provisions of this chapter shall not be a bar to a prosecution for an assault or for a homicide or to a civil action for injury caused by any person in operating a motor vehicle. Source: SDC 1939, § 44.0117.

Any person, other than a public official designated by this title to do so, who buys, sells, or deals in the license plates or decals provided by this chapter during the time such license plates or decals are valid, or deals with license plates or decals issued by a foreign state…

No person may alter or forge, or may cause to be altered or forged, a motor vehicle registration card or other temporary registration device or a copy of a card or device issued pursuant to the provisions of this chapter or chapter 32-6B . Any violation of this section is a Class…

A person, in possession of either a title in his name or assigned to him or a bill of sale which lists him as the purchaser of the vehicle, may procure from any county treasurer a temporary permit that allows movement of the motor vehicle on the highways of this state. The title …

The department may promulgate rules in accordance with chapter 1-26 to establish and market a commemorative or souvenir license plate. The license plate shall be of a design that is clearly identified with South Dakota. The minimum fee for the license plate shall be ten dollars. …

The secretary of revenue may promulgate rules pursuant to chapter 1-26 and issue such instructions as are necessary to ensure and obtain uniformity in the administration of the provisions of this chapter. All local officials charged with the administration of the provisions of th…

The county treasurer shall assist in the administration of chapters 32-3 , 32-5 , and 32-5B and perform such duties in connection therewith as may be required by the secretary. Source: SL 1986, ch 242 , § 16; SL 1988, ch 236 , § 20.

Any owner of a motor vehicle, who is a resident of this state, and has a valid South Dakota driver license or nondriver identification card, who is a firefighter, an advanced life support personnel, or emergency medical technician licensed pursuant to chapter 36-4B , and who has …

In addition to the noncommercial license plate fees, an advanced life support personnel, emergency medical technician, or firefighter receiving special license plates provided in § 32-5-113 or retired firefighter plates provided in §§ 32-5-192 and 32-5-193 , shall pay a fee of te…

The number plates authorized by § 32-5-113 shall be retained for the same period of time as plates referred to in § 32-5-83 . Source: SL 1989, ch 261 , § 3.

Any firefighter desiring special license plates authorized by § 32-5-113 for use during the next year shall make application to the Department of Revenue specifying the number of vehicles to be licensed, the firefighter's name, and the county of residence. The department shall no…

Each firefighter, advanced life support personnel, or emergency medical technician must apply to the county treasurer of the county of the firefighter's, advanced life support personnel's, or emergency medical technician's residence for the issuance of special number plates for t…

A failure on the part of a firefighter, advanced life support personnel, or emergency medical technician to make application to the Department of Revenue for the special number plates as provided in § 32-5-116 will result in the applicant being required to accept regular number p…

If an advanced life support personnel or emergency medical technician is discharged or retires, or a firefighter is discharged or retires with less than ten years of service, the firefighter, advanced life support personnel, or emergency medical technician must surrender the spec…

If at any time a motor vehicle subject to the special number plates issued for the firefighter, advanced life support personnel, or emergency medical technician is sold, conveyed, or otherwise transferred by the firefighter, advanced life support personnel, or emergency medical t…

All statutes of this state relating to the registration of motor vehicles; the titling and licensing of motor vehicles; the fees for registering, titling, and licensing of motor vehicles; and the retention of plates from year to year are applicable to any firefighter, advanced li…

Any owner of a motor vehicle who is a resident of this state and who has complied with all of the laws of this state in relation to the registration of a motor vehicle may receive plates bearing a special design identifying an Indian tribe located within the state. The special li…

A ten dollar administrative fee shall be charged for the special plates and deposited into the treasury of the designated tribe to be used for the maintenance, construction, and supervision of tribal highways and bridges. Source: SL 1991, ch 243 , § 2; SL 2007, ch 173 , § 47.

If an Indian tribe license plate is lost, mutilated, or destroyed, the owner of the registered vehicle may obtain a duplicate set of plates upon filing an affidavit showing such facts and after paying a ten dollar fee to the department. The fee shall be credited to the license pl…

The department may provide, to an owner of any fleet of fifty or more trailers, registrations and license plates for the trailers which are valid for a period of not more than seven consecutive years. Such registered trailers are exempt from the requirements of an annual registra…

In addition to the registration fees required by this chapter, the department or county treasurer shall charge the owner, when sent to the owner through the mail: (1) Two dollars and fifty cents per decal or set of decals; and (2) Twelve dollars per license plate or set of plates…

Any motor vehicle purchased by a lessor that is to be leased for more than twenty - eight days by an entity exempted in §§ 32-5-42 and 32-5-42.1 is exempt from the excise tax levied by §§ 32-5B-1 and 32-5B-1.1 . If the lease is terminated and the motor vehicle is subsequently lea…

If the county treasurer has issued a distress warrant pursuant to § 10-56-24 and payment or restitution has not been made for the motor vehicle registration, title, or license, the department shall suspend such registration, title, or license. The department shall also issue a cr…

Terms used in §§ 32-5-143 to 32-5-151 , inclusive, mean: (1) "Department," the Department of Revenue; (2) "Disclose," to knowingly engage in any practice or conduct to make available and make known personal information contained in a motor vehicle record about a person to any oth…

Notwithstanding any other provision of state law to the contrary, except as provided in §§ 32-5-145 to 32-5-147 , inclusive, the department and any officer, employee, agent, or contractor thereof may not disclose personal information about any person obtained by the department in…

Personal information shall be disclosed for use in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls, or advisories, performance monitoring of motor vehicles and dealers by motor vehicle manufa…

Personal information may be disclosed to any person who demonstrates, in such form and manner as the department prescribes, that express consent of the person who is the subject of the information has been obtained. Source: SL 2001, ch 165 , § 4.