Title 32 — MOTOR VEHICLES

Exempt from the provisions of § 32-3A-50 are: (1) Any large boat which is the property of the governmental units which are exempted from motor vehicle registration fees by §§ 32-5-42 and 32-5-42.1 ; (2) Any large boat acquired by inheritance or bequest; (3) Any large boat previou…

For the purposes of this chapter, the purchase price is: (1) For a new large boat, the total consideration whether received in money or otherwise. However, if a large boat is taken in trade as a credit or part payment on a new large boat, the credit or trade - in value allowed by…

On used large boats, the county treasurer shall, for the purpose of this chapter, use the most generally used and approved nationally recognized dealers' guide provided by the secretary of revenue. If the large boat is not covered by the provided dealers' guide, the county treasu…

The new owner of a large boat shall present to the county treasurer in the county of the owner's residence the manufacturer's statement of origin or assigned certificate of title if a title has been previously issued for the large boat, an application for title and registration a…

The excise tax levied by this chapter shall be paid to the county treasurer in the county of the new owner's residence when the owner applies for title and registers the large boat. Source: SL 1993, ch 102 , § 7; SL 1994, ch 335 , § 9; SDCL 10-60-7; SL 1998, ch 74 , § 3.

If any large boat has been subjected previously to a sales tax, use tax, excise tax, or similar tax by this or any other state or its political subdivision, no tax is owed to this state if the tax has been paid by the applicant to this or any other state. If the amount of tax lev…

No title may be issued or transferred for the ownership of any large boat unless the tax levied by this chapter is paid. Source: SL 1993, ch 102 , § 9; SL 1994, ch 335 , § 11; SDCL 10-60-9.

Any seller of a large boat shall, on demand by the secretary of revenue, make available all books, records, and memoranda that relate to the sale of a large boat. The secretary may conduct an audit of the books and records of any seller of a large boat failing or refusing to prod…

The numbers awarded and displayed on a motorboat pursuant to § 32-3A-5 may not be less than three inches in height and shall be maintained in legible condition. The registration shall be available at all times for inspection in the boat for which issued, whenever the boat is in o…

Unless otherwise provided by the provisions of this chapter, all revenues received pursuant to this chapter shall be deposited in the state general fund. Source: SL 1993, ch 102 , § 12; SDCL 10-60-11; SL 2025, ch 117 , § 3.

For the purposes of this chapter, the term, siblings, includes any individuals who are brother or sister by blood, marriage, or adoption. Source: SL 1993, ch 102 , § 13; SDCL 10-60-14.

Of the total revenue collected as a result of the tax imposed by this chapter, 56.25 percent of the total revenue shall be allocated for state aid to education pursuant to chapter 13-13 . Source: SL 1993, ch 102 , § 12A; SDCL § 10-60-12; SL 2015, ch 89 , § 23.

Expenditures of the money allocated by § 32-3A-62 shall be on warrants drawn by the state auditor pursuant to vouchers approved by the secretary of the Department of Education. All expenditures allocated by § 32-3A-62 shall be made through a General Appropriations Act. Source: SL…

For the purposes of this chapter, any leasing or rental company that operates within the principal place of business of a dealer, licensed pursuant to chapter 32-7B , is a business separate from the dealership. A leasing or rental company shall title, license, and tax any leased …

[Repealed or reserved.]

Ord. 11-1 ), § 161, eff. Apr. 12, 2011.

Source: SL 1983, ch 230 , § 11.

It is the duty of the Division of Criminal Investigation, the highway patrol, the sheriff or deputies of every county of the state, and of the chief of police or commissioner of police of every municipality, of this state to make an immediate report to the attorney general of all…

No person may knowingly buy, sell, offer for sale, receive, or have in his possession, any titled motor vehicle or trailer or component part thereof, from which the original manufacturer's vehicle identification number or serial number has been removed, defaced, altered, obscured…

Any motor vehicle, trailer, or component part described in § 32-4-10 is deemed contraband and no property right exists in it. If such motor vehicle, trailer, or component part comes into the custody of a law enforcement officer, it shall be forfeited under the procedure establish…

A forfeiture proceeding as provided in § 32-4-10.1 , shall be set for hearing within sixty days from the date of filing the verified answer. At the hearing, the state shall establish by a preponderance of the evidence that the original manufacturer's vehicle identification number…

No person may possess a manufacturer's vehicle identification number plate unless it is attached to the vehicle or vehicle part to which it was originally affixed by the manufacturer, nor may a person have any facsimile of such a plate. This section does not prohibit possession o…

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…

Source: SL 2020, ch 131 , § 3.

The fees collected shall be credited to the license plate special revenue fund. The fee and permit imposed by this section does not apply to a new or used mobile home or manufactured home owned and transported by or for a dealer licensed under chapter 32-7A . A violation of this …

The vehicle registration must state each owner of the motor vehicle pursuant to §§ 32-5-2 and

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…

32-5-1.2 Mopeds exempt from chapter. 32-5-1.3 Farm vehicles exempt--Exceptions. 32-5-1.4 All-terrain vehicles used in agriculture exempt. 32-5-2 Application for registration--Contents--Failure to provide information as misdemeanor--Acceptance of incomplete or erroneous form prohi…

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 .

32-5-10.1 Motorcycle safety education fee--Amount and payment. 32-5-10.2 Motorcycle safety education fee--Deposit in special revenue fund. 32-5-10.3 Motorcycle safety education fee--Collection and remittance. 32-5-10.4 32-5-10.4 , 32-5-10.5. Repealed by SL 1992, ch 222 , §§ 1, 2.…

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 §

The collection and remittance of the fee imposed by § 32-5-10.1 shall be governed by §

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…

32-5-105