Title 50 — AVIATION

50-11-7

50-11-8

50-11-9 Application for registration of aircraft--Failure to register as misdemeanor--False statement as felony. 50-11-9.1 50-11-9.1 , 50-11-10. Repealed by SL 2019, ch 203 , §§ 65, 66. 50-11-11 Expiration of registration. 50-11-12 Schedule of registration fees--Nonpayment as mis…

The owner or lessee of an aircraft to be operated within this state shall, except as otherwise expressly provided, file with the department on a form furnished by the department, an application for registration of the aircraft. A person who fails to register an aircraft within th…

Source: SDC 1939, § 2.0704 as enacted by SL 1966, ch 1 , § 9; SL 1993, ch 349 , § 2; SL 2010, ch 227 , § 87; SL 2019, ch 203 , § 46.

Any aircraft subject to registration under an aircraft dealer's certificate for a period exceeding twenty-four months shall be registered in accordance with §§ 50-11-12 and

The department shall hold the certificate until an application is received from the dealer for transfer to another aircraft. Any person who makes a false statement of a material fact on a sales affidavit under this section is guilty of a Class 1 misdemeanor. Failure to report air…

50-12-2 Aircraft dealer's license--Application--Contents. 50-12-3 Issuance of license--Display--Violation as misdemeanor. 50-12-3.1 Place of business--Branch office or subagency. 50-12-4 Dealer's license as applicable to aircraft in stock. 50-12-5 Permissible uses of dealer's cer…

The aircraft dealer's certificate and commercial use stamp shall at all times be conspicuously carried and displayed in the aircraft subject to such certificate and commercial use stamp. The aircraft if so licensed shall remain in the possession of or under the control of the lic…

50-12-12 Fee for dealer's license--Fee for additional dealer's certificates--Fee for additional commercial use stamps--Receipt for and disposition of fees. 50-12-13 Expiration of license and commercial use stamp. 50-12-14 Dealer's license--Renewal--Requirements--Appeal--Fees. 50-…

The fee for an aircraft dealer's license is two hundred dollars for two calendar years or any fraction thereof. The fee shall accompany the application for the issuance or renewal of an aircraft dealer's license. The fee for additional aircraft dealer's certificates is five dolla…

The aircraft dealer's license as provided by § 50-12-3 expires on the thirty-first day of January of the second year next succeeding the calendar year in which it was issued. The commercial use stamps as provided by § 50-12-8 expire twenty-four months after they are issued, if a …

Each licensed dealer on or before February first of the second year shall apply for the renewal of the dealer's license. The dealer shall verify having sold or brokered at least six aircraft within the past twenty-four calendar months. However, any dealer not meeting the requirem…

50-12-16 Refusal, suspension, or revocation of dealer's license--Grounds. 50-12-17 Hearing on revocation, suspension, or nonrenewal--Notice of hearing--Appeal. 50-12-18 Return of fees upon refusal to issue license--Statement of reasons for refusal--Appeal. 50-12-19

The department may refuse to issue or renew, or may suspend or revoke, an aircraft dealer's license if the department has reasonable grounds to believe that the dealer has: (1) Forged or altered any federal certificate, permit, rating, or license, relating to ownership or airwort…

No license may be revoked or suspended, nor may the renewal of any license be refused until after a hearing by the commission, of which the licensee has ten days' notice of the time and place of the hearing. If any license is revoked or suspended, or its renewal is refused, the p…

If the department refuses to issue a license upon an original application, the department shall remit to the applicant all fees accompanying the application. Refusal may be on any of the grounds as set forth in §

50-12-20 Promulgation of rules. 50-12-21

Any person desiring to sell or solicit as a dealer the sale of aircraft within South Dakota shall apply for an aircraft dealer's license to the department. For the original application, the person shall possess one or more aircraft under normal registration. The application shall…

The commission may promulgate all necessary rules pursuant to chapter 1-26 for the purpose of carrying out the purposes and intent of this chapter. Source: SDC 1939, § 2.0713 as enacted by SL 1966, ch 1 , § 9; SL 2010, ch 227 , § 98. 50-12-21. Repealed by SL 1983, ch 15 , § 207.

50-12-22 Inspection of dealer's records. 50-12-1. Repealed by SL 2019, ch 203 , § 69.

The department may inspect the pertinent books, letters, records, and contracts of any licensed aircraft dealer periodically or relating to specific complaints made against a dealer and which may be in violation of provisions of this chapter. Source: SL 1993, ch 349 , § 6; SL 201…

Upon determining that the applicant is entitled to a license, the department shall assign to the applicant a distinctive aircraft dealer license number, and issue the applicant the required number of dealer's certificates bearing the license number. Each licensed dealer shall dis…

An aircraft dealer's place of business shall have a business name, and the telephone listing shall indicate the business is an aircraft-related place of business. The structure of an aircraft dealer's place of business shall be used primarily as a place of business for the sale o…

During such times as any aircraft is held by a licensed dealer for sale, exchange, delivery, test, or demonstration purposes, and solely as stock in trade of the dealer's business, an aircraft dealer's certificate may be used in said aircraft in lieu of any registration certifica…

A dealer's certificate issued under this chapter may be used only by a licensed aircraft dealer for aircraft owned or controlled by the dealer for the purposes of sale, resale, or flight instruction without charge. Use of a certificate for any purpose other than as permitted unde…

50-12-7 Transfer of aircraft to new owner--Delivery of certificate to department--Violation as misdemeanor--Civil penalty. 50-12-8 Dealer's commercial use stamp--Fee--Permissible uses under stamp--Violation as misdemeanor--Expiration of stamp. 50-12-9 Registration of aircraft und…

Upon the sale of any aircraft bearing an aircraft dealer's certificate, the dealer shall comply with §§ 50-11-22 and

Upon application in writing on a form furnished by the department and the payment of a fee of one hundred dollars for each aircraft to be so used, the department shall furnish a dealer with a commercial use stamp upon which is printed the federal aircraft registration number (N, …

Registration of aircraft under §§ 50-11-12 and

50-13-11 50-13-11 to 50-13-14. Repealed by SL 2014, ch 222 , §§ 111 to 114. 50-13-15

50-13-16 Reckless operation of aircraft--Violation as misdemeanor--Considerations. 50-13-17 Operation of aircraft while intoxicated as misdemeanor. 50-13-18 Tampering with aircraft--Violation as misdemeanor. 50-13-19

It is a Class 1 misdemeanor for any person to operate an aircraft in the air or on the ground or water in a careless or reckless manner so as to endanger or be likely to endanger any person or property. In any proceeding for a violation of this section, the court in determining w…

It is a Class 1 misdemeanor for any person who is under the influence of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage and any drug to operate an aircraft in the air or on the ground or water. No person may operate an aircraft in the air or…

No person may, without express or implied authority of the owner, operate, climb upon, enter, manipulate the controls or accessories of, set in motion, remove parts or contents therefrom, or otherwise tamper with any aircraft within this state with intent to injure the same or ca…

50-13-1, 50-13-2. Repealed by SL 2014, ch 222 , §§ 104, 105. 50-13-3 to 50-13-9. Repealed by SL 2019, ch 203 , §§ 74 to 80. 50-13-10. Repealed by SL 1983, ch 13 , § 16. 50-13-11 to 50-13-14. Repealed by SL 2014, ch 222 , §§ 111 to 114. 50-13-15. Repealed by SL 2019, ch 203 , § 81…

50-15-2 Operation of drone--Compliance with federal law--Exemption. 50-15-3 Authorization required to operate drone over certain facilities--Violation as misdemeanor. 50-15-4 Prohibited delivery of contraband or controlled substance--Felony. 50-15-5 Eavesdropping--Violation of pr…

A political subdivision may enact or enforce ordinances that relate to the operation of a drone within the political subdivision's jurisdiction that are consistent with federal and state law. This section does not limit the authority of a political subdivision to adopt an ordinan…

Takeoff or landing of a drone within a controlled access facility, as defined in § 31-8-1 , is prohibited, except by a state agency or state agent. Takeoff or landing within any other public highway right-of-way is prohibited if the takeoff or landing is performed carelessly or i…

Nothing in this chapter may be construed to prohibit the: (1) Take-off or landing of a drone as deemed reasonable or necessary by private or public entities for emergency or maintenance support functions or services, including the protection and maintenance of public or private c…

Nothing in this title shall preempt or intrude upon the exclusive sovereignty of airspace of the United States as set forth in 49 U.S.C. § 40103. Any interpretation or application of any provision of this title that contradicts the exclusive authority of the United States governm…

Any operation of a drone in the state shall comply with all applicable Federal Aviation Administration regulations. Any drone operating under the authority of the Armed Forces of the United States, including the National Guard, is exempt from this chapter. Source: SL 2017, ch 202…

No person may operate a drone over the grounds of a prison, correctional facility, jail, juvenile detention facility, or any military facility unless expressly authorized by the administrator thereof. A violation of this section is a Class 1 misdemeanor. Source: SL 2017, ch 202 ,…

Any person who uses a drone to deliver contraband or controlled substances to a state prison or other correctional facility is guilty of a Class 6 felony in addition to the penalty for the principal offense. Source: SL 2017, ch 202 , § 4.

No person may, except as authorized by law, intentionally use a drone to photograph, record, or otherwise observe another person in a private place where the person has a reasonable expectation of privacy. A person who violates this section is guilty of a Class 1 misdemeanor. Thi…

No person may intentionally or willfully operate a drone in a careless manner that endangers persons or property, or for voyeuristic or harassment purposes. A person who violates this section is guilty of a Class 1 misdemeanor. Source: SL 2024, ch 194 , § 1.

No person may, except as authorized by law, land a drone on the real or personal property or the waters of a landowner who owns the real property beneath the water body, without the landowner's consent. It is an affirmative defense if the landing was a forced landing or if the la…

A person, in compliance with federal aviation regulations, may operate a drone for recreational purposes within the state. A person or business entity, doing business lawfully within the state and in compliance with federal aviation regulations, may operate or use a drone for com…

The operation of a drone, in compliance with federal aviation regulations, in the airspace over this state does not, standing alone, give rise to legal liability under the laws of this state or its political subdivisions. Source: SL 2024, ch 194 , § 4.

Consistent with the provisions of this chapter, a drone may be the instrumentality by which a tort in violation of privacy rights or trespass laws may be committed under federal or state law. Source: SL 2024, ch 194 , § 5.