Title 32, MOTOR VEHICLES

If the licensee desires to move from the principal place of business occupied at the time the license was granted to a new location within the county, he shall secure written permission from the department to do so. The licensee is required to furnish proof to the department that…

Any person licensed under this chapter, who sells vehicles at locations other than the principal place of business, shall obtain a supplemental license for each auxiliary or supplemental lot not contiguous to the location for which the original license is issued. If the license i…

For purposes of this chapter, the term, principal place of business, means an enclosed commercial structure located within this state, easily accessible and open to the public at least twenty hours per week between the hours of 8:00 a.m. to 8:00 p.m., inclusive, with an improved …

Each dealer licensed under the provisions of this chapter, shall keep books, records, or files, in such form as prescribed or approved by the department, including the following: (1) A record of the purchase, sale, or exchange, of any vehicle; (2) A description of each vehicle pu…

A dealer is not required to keep a certificate of title for any vehicle with a manufacturer's weight of sixteen thousand pounds or greater if a copy of the front and back of the certificate of title which has been assigned to the dealer is kept at the location where the vehicle i…

A dealer may offer for sale, sell, or exchange a vehicle without a certificate of title if the dealer complies with the following applicable provisions: (1) The dealer has a record of purchase, sale, or exchange of a vehicle to include the satisfaction of any outstanding liens or…

If a person trades in a vehicle to a dealer or enters into a consignment agreement with a dealer whereby the dealer will sell the vehicle and the vehicle has a lien noted on the title, the dealer and person may agree that the dealer shall satisfy the lien amount by paying the lie…

If a dealer enters into an agreement pursuant to § 32-6B-20.3 , the dealer shall satisfy the lien within ten business days after the receipt of funds. No dealer may offer the vehicle for sale until payment has been tendered to the lienholder, except on a consigned vehicle, whereb…

The department shall issue metal numerical license plates to licensed dealers upon application and payment of a one hundred one dollar yearly fee to be paid at the time of the annual review date for each set desired. The fees shall be distributed in the manner specified in §§ 32-…

In addition to the license plate and decal fees assessed in §§ 32-6B-21 , 32-6B-22.1 , 32-6B-23 , and 32-6B-36.3 , the department shall charge the dealer, when sent to the owner through the mail: (1) Two dollars and fifty cents per decal or set of decals; and (2) Twelve dollars p…

Any new vehicle or used vehicle owned by a licensed dealer, bearing a dealer's 77 license plate issued pursuant to § 32-6B-21 , may be driven on the streets and highways of this state for any purpose. However, the dealer 77 license plate may not be used on any vehicle used for le…

The department shall issue metal numerical license plates to licensed vehicle dealers upon application and payment of the gross weight tonnage fees pursuant to § 32-9-15 at the time of annual renewal for each set desired. The license plates shall be numbered consecutively and sha…

Any vehicle owned by a licensed new or used vehicle dealer that is being used to transport any inventory replacement vehicle bearing an 88 license plate issued pursuant to § 32-6B-22.1 may be operated on the streets and highways of this state as a motor carrier if the provisions …

The department shall issue to any motorcycle dealer and trailer dealer licensed pursuant to this chapter metal number plates bearing a prefix of the letter "D" and containing a distinguishing identification number of the licensee. The dealer shall make application to the departme…

Any dealers' metal plates issued pursuant to § 32-6B-21 or 32-6B-23 , remain the property of the state and may be repossessed by the state in the event of a violation of any of the provisions of this chapter. Source: SL 1986, ch 250 , § 25.

Any new or used vehicle owned by a licensed dealer, bearing dealers' demonstration or in-transit permits, may be driven upon the streets and highways of this state for demonstration or in-transit purposes and for travel to and from a service facility, such as a repair shop, detai…

In the case of a vehicle which is sold by a licensed dealer, the dealer may provide a temporary forty-five day license permit. The permit authorizes the operation of the vehicle upon the highways of this state for a period of forty-five days after the date of sale or until the ti…

A temporary forty-five day license permit shall be affixed to the inside windows, to the front at the lower right-hand corner of the windshield, and to the rear on the lower left-hand corner of the rear window or to the lower rear portion of the left rear window. In the case of m…

The owner of a vehicle described in § 32-6B-26 , shall within forty-five days after the date of purchase, apply to the county treasurer of the owner's county of residence for registration and shall possess a bill of sale, or duplicate thereof, or a properly assigned registration …

No dealer may use the temporary license permits provided for pursuant to the provisions of § 32-6B-26 , upon any vehicle owned by the dealer or for any purpose other than for vehicles sold by the dealer. No person may renew the temporary license permit. A violation of this sectio…

Any dealer or public auction may sell, or offer to sell, new or used vehicles on consignment. For the purposes of this chapter, consignment means the delivery of a vehicle by the owner into the possession of another without transfer of title for the purpose of sale or where there…

No person may sell or offer to sell a motor vehicle, to which a manufacturer's statement of origin has not been transferred, on consignment. Source: SL 1997, ch 182 , § 12.

Before a South Dakota titled vehicle may be sold by a consignee or at a public auction pursuant to § 32-6B-3 , the consignee or auctioneer shall have in possession an odometer reading certified by the owner of the motor vehicle and a South Dakota title for the motor vehicle. A vi…

A consignee or an auctioneer may not sell a motor 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. A consignee or an auctioneer may not release the proceeds from the sale o…

Notwithstanding the provisions of subdivision 32-6B-5(4), any titled vehicle, including a vehicle owned by a vehicle dealer who has obtained a permit under the provisions of § 32-6B-5.4 but who is licensed in another state, except a motorcycle, that is not titled in South Dakota …

Notwithstanding the provisions of subdivision 32-6B-5(4), any motorcycle, including a motorcycle owned by a dealer who has obtained a permit under the provisions of § 32-6B-5.4 but who is licensed in another state, that is not titled in South Dakota, and that is at least thirty y…

In addition to the consignment sales requirements provided in this chapter, any dealer or public auction may sell, or offer to sell, used motorcycles and used off-road vehicles as defined in § 32-3-1 on consignment if the dealer has in possession a South Dakota title for the vehi…

The department shall prescribe, by rule, the size, color, material, and design of dealers' demonstration, in-transit, and temporary forty-five day license permits to be used by dealers licensed under this chapter. Every temporary forty-five day license permit, or dealers' demonst…

For the purposes of §§ 32-6B-35 to 32-6B-37 , inclusive, a dealer's car auction agency includes any person, firm, limited liability company, corporation, or association engaged in an auction, as defined by chapter 59-8 , of vehicles. The sales shall involve only vehicles owned by…

Each auction agency shall, before conducting any auction sale, file with the department, a bond in the amount of fifty thousand dollars to the State of South Dakota, with a corporate surety authorized to do business in this state, and conditioned to pay all losses, damages, and e…

If any motor vehicle has a title that has been marked by this state or another state or jurisdiction denoting any brand or damage and that motor vehicle is offered for sale by a dealer's car auction agency, the auction agency shall announce at the time of the sale that such brand…

Any auction agency operating under the provisions of this chapter may accept for sale at its option vehicles which are owned by vehicle dealers regularly licensed in either this or some other state, or by the following entities if the vehicle is owned and titled by the entity and…

Notwithstanding §§ 32-6B-34 and 32-6B-36 , any auction agency may accept for sale at its option vehicles which are owned by any governmental entity. Any member of the public may purchase those vehicles. The auction agency shall ensure that vehicles held and sold pursuant to this …

The department shall issue metal numerical license plates to an auction agency upon application and payment of a one hundred one dollar yearly fee to be paid at the time of the annual review date for each set desired. Such fees shall be distributed in the manner specified in §§ 3…

Any vehicle being transported to or from the auction agency's place of business bearing a "99" license plate issued pursuant to § 32-6B-36.3 may be driven on the streets and highways of this state for the purpose of transporting a vehicle that will be sold or has been sold by the…

Every auction agency shall keep such books, records, and files as prescribed by the department. A record shall be kept of every vehicle offered for sale by or through the agency, including the serial or identification numbers, odometer information, and a description of the vehicl…

Every public auction shall keep such books, records, and files as prescribed by the department. A record shall be kept of every vehicle offered for sale by or through the public auction, including the serial or vehicle identification number and a description of the vehicle and th…

The department may appoint dealer inspectors to enforce the provisions of this chapter. The inspectors may enter both publicly owned and privately owned property and sign complaints against persons found in violation of this chapter. Source: SL 1986, ch 250 , § 39.

The department may investigate any dealer licensed under this chapter for the purpose of ascertaining any violation of this chapter or chapters 32-3 to 32-5 , inclusive. The investigation shall include an inspection of the principal place of business, supplemental lots, and any b…

No person may engage in the business, either exclusively or in addition to any other occupation, of selling, offering to sell, or displaying new or used vehicles, without a license as provided in § 32-6B-12 . A violation of this section is a Class 2 misdemeanor. Any subsequent vi…

No person may act as, offer to act as, or hold himself or herself out to be a broker. A violation of this section is a Class 2 misdemeanor. Source: SL 2000, ch 147 , § 2.

The department may deny any application or apply the provisions of §§ 32-6B-41.1 to 32-6B-41.6 , inclusive, on any license issued under the provisions of this chapter, for any of the following: (1) Commission of fraud or willful misrepresentation in the application for or in obta…

In addition to any other remedy provided by law, the secretary of revenue may issue an order directing a vehicle dealer or public auction to cease and desist from engaging in any act or practice enumerated in § 32-6B-41. A cease and desist order issued pursuant to this section is…

Within twenty days after service of the order to cease and desist, the vehicle dealer or public auction may request a hearing in writing on the question of whether acts or practices in violation of this title have occurred. Any hearing shall be conducted pursuant to, and judicial…

A cease and desist order pursuant to § 32-6B-41.1 becomes final upon expiration of the time allowed for appeals from the secretary's order if no appeal is taken, or, if an appeal is taken, upon final decision of the court if the court affirms the secretary's order or dismisses th…

If a dealer fails to comply with a cease and desist order issued pursuant to § 32-6B-41.1 , the secretary may issue an order which: (1) Imposes a monetary penalty on the dealer of five hundred dollars for each violation of the cease and desist order; (2) Suspends dealer's license…