Title 32, MOTOR VEHICLES

If, after a certificate of title has been issued for a motor vehicle, trailer, or semitrailer, the county in which it is kept for use shall be changed, then upon application of the owner, so stating, the secretary may authorize the transfer of the duplicate certificate of title f…

The county treasurer shall assist in the administration of this chapter and perform such duties in connection therewith as may be required by the secretary. Source: SDC 1939, § 44.0202; SL 1951, ch 229 , § 2; SDC Supp 1960, § 44.0202 (6); SL 1988, ch 236 , § 9; SL 2003, ch 160 , …

A manufacturer's statement of origin or manufacturer's certificate of origin shall be deemed to be in possession of the lien holder while being transmitted to the secretary and until issuance of a certificate of title by the secretary showing the lien. All contracts, liens, mortg…

If all spaces provided on the certificate of title for the notation of liens have been filled, before an additional lien can be noted, the lien holder or the owner of the vehicle shall submit the certificate to the secretary who shall then issue to the owner a new certificate of …

Exposure for sale of any motor vehicle, trailer, or semitrailer by the owner thereof, with the knowledge and consent of the holder of any lien, mortgage, or encumbrance thereon, shall not render the same void or ineffective as against subsequent purchasers or the creditors of suc…

The holder of a mortgage, trust receipt, conditional sales contract, mechanic's lien, or similar instrument, upon presentation of the certificate of title to the office of the titled owner's county treasurer, together with the fee prescribed by this chapter, may have a notation o…

Any bank, savings and loan association, credit union, or any dealer licensed pursuant to this title may be provided access to motor vehicle title and lien information maintained on the state's computer system via a modem and terminal owned by the bank, savings and loan associatio…

Motor vehicle fleet leasing contracts containing a terminal rental adjustment provision do not create a sale or security interest solely because the agreement provides that the rental price may be adjusted by the amount realized upon sale or other disposition of the motor vehicle…

Upon the sale or acquisition of any vehicle required to be titled pursuant to this chapter, a dealer licensed pursuant to this title shall utilize, if available, an electronic title file system approved by the department to verify vehicle ownership information and to record chang…

The provisions of chapters 44-10 , 44-11 , and §§ 57A-9-501 to 57A-9-530 , inclusive, shall not be construed to apply to or to permit or require the deposit, filing, or other record whatsoever, of a chattel mortgage, conveyance intended to operate as a mortgage, conditional sales…

No motor vehicle, trailer, or semitrailer may be licensed in this state until the requirements of this chapter have been met. The certificate of title and license shall be obtained at the time of registration. If the applicant certifies on the application for title that the motor…

The provisions of the law then in effect shall continue to apply to the deposit, filing, refiling, or other record whatsoever of a chattel mortgage, conveyance intended to operate as a mortgage, trust receipt, conditional sales contract, or other similar instrument or any copy of…

A security interest, mechanic's lien, or similar instrument other than a financing statement covering a motor vehicle, trailer, or semitrailer, or any vehicle required to be titled under the provisions of this chapter, is valid against the creditors of the debtor, whether armed w…

Section 32-3-41 shall not apply to any security interest in a motor vehicle in stock or acquired for stock purposes if such security interest was acquired or perfected under the provisions of Title 57A. Source: SDC Supp 1960, § 44.0203 (1) as added by SL 1965, ch 186 , § 3; SL 19…

The county treasurer, upon receipt of a lien or title instrument duly executed in the manner prescribed by law governing such instruments, together with the fee prescribed for notation thereof which is nonrefundable, shall notify the holder of the certificate of title to deliver …

If a lien is discharged, the lienholder shall execute a release within twenty days after final payment is received. The release shall contain the vehicle identification number or the certificate of title number, and the owner's name. The lienholder shall deliver the release along…

The county treasurer shall charge a fee of ten dollars for each notation of any lien on a certificate of title. No fee may be charged for the cancellation of such lien. The fee shall be deposited in the county general fund. Source: SDC 1939, § 44.0203 (3) as added by SL 1951, ch …

Liens on motor vehicles, trailers, or semitrailers as defined in § 32-3-35 may be enforced or foreclosed in accordance with the procedural law applicable to each kind of lien. It is not necessary that a lien be filed for record as a condition precedent to foreclosure if the lien …

When the ownership of a motor vehicle, trailer, or semitrailer is subject to a chattel mortgage, conveyance intended to operate as a mortgage, trust receipt, conditional sales contract, mechanic's lien, or similar instrument, as provided in §§ 32-3-30 to 32-3-46 , inclusive, it s…

If it appears at any time to the secretary that an applicant for a certificate of title or registration of a motor vehicle, trailer, or semitrailer is not entitled thereto, under the provisions of this chapter or chapter 32-5 or 32-5B , the secretary may refuse to issue a certifi…

Upon cancellation of any certificate of title, the secretary shall notify the county treasurer of the county where the duplicate certificate of title of the vehicle, trailer, or semitrailer is involved was kept. The treasurer shall thereupon enter the cancellation upon the treasu…

No person, except as provided in § 32-3-6 shall sell or otherwise dispose of a motor vehicle, trailer, or semitrailer without delivering to the purchaser or transferee a certificate of title showing assignment to the purchaser, and indicating the date of purchase. No person may p…

If a receipt of registration has been issued to the holder of a certificate of title canceled by the secretary, the secretary shall immediately cancel the same and demand the return of such receipt of registration, and the license plates or tags issued therewith, and the holder o…

If a vehicle is permanently destroyed, crushed, or compacted so that it can no longer be used on the public highways or used for parts, the owner shall detach the registration plates and forward them, along with the registration card and certificate of title, within fifteen days,…

The department shall retain each damaged disclosure statement received. The statement shall become part of the title history available to the public pursuant to § 32-3-30.2 . Source: SL 1988, ch 238 , § 7.

Any owner of a motor vehicle that is being dismantled for the purpose of selling its parts shall apply for a junking certificate. The license plates, registration card, and certificate of title shall accompany the application for junking certificate. The department shall cancel t…

Any motor vehicle, whose title has been marked as rebuilt or salvage by this state or any other state or jurisdiction, or any motor vehicle, whose owner is applying for a junking certificate, may be inspected by an employee of the department, or a person designated by the departm…

The department shall, in a conspicuous location, place on the first South Dakota title and all subsequent titles issued for any motor vehicle for which a certificate of title was issued by another state, the name of the previous state and any brand or notation indicated on the ti…

Any motor vehicle, trailer, or semitrailer whose title has been marked as nonrebuildable, parts only, or whose owner has designated that the vehicle should not be placed upon the roads and highways, shall receive a junking certificate. Source: SL 1996, ch 190 , § 2.

Any vehicle that is required to be titled pursuant to this chapter and is sold or offered for sale by a vehicle dealer or a used vehicle dealer as defined in § 32-6B-1 shall display a sticker, decal, or notice that discloses damage to the vehicle for which the current title denot…

For purposes of §§ 32-3-51.5 , 32-3-51.20 , and 32-3-51.21 , the term, salvage vehicle, means any motor vehicle that an insurer or self insurer determines a total loss due to theft or to damage caused by fire, vandalism, collision, weather, submersion in water, or flood. This sec…

If an insurer, in settlement of a total loss insurance claim, or self insurer acquires the ownership of any salvage vehicle as defined in § 32-3-51.19 that does not have a salvage vehicle title, the insurer shall within forty-five days following acquisition of the certificate of …

If an insurer or self insurer declares a vehicle to be a total loss but does not acquire ownership of the vehicle, the owner shall obtain a salvage title for the vehicle. The insurer or self insurer shall, in writing, notify the owner of the obligation to obtain a salvage title b…

If a stolen vehicle is recovered, the insurer or self insurer shall, within forty-five days of recovery, inspect the vehicle and apply for a title. If the vehicle has no damage or the damage is less than that defined in § 32-3-51.19 , the insurer or self insurer shall surrender t…

Any motor vehicle, trailer, or semitrailer whose title has been marked by another state or jurisdiction, shall receive a title, which shall contain similar damage disclosure information. However, if the title has been branded as salvage or with any other similar brand by another …

Any motor vehicle, trailer, or semitrailer, whose title has been marked by this state or another state or jurisdiction as rebuilt or with any other similar brand approved for highway use shall only receive a rebuilt title. Source: SL 1988, ch 238 , § 4.

Employees of the department authorized by the secretary shall require the surrender of the plates and documents for such vehicles from dealers, salvage yards, and other similar establishments, when it is determined that the plates and documents have not been forwarded to the depa…

If any vehicle, trailer, or semitrailer is rebuilt as defined in § 32-3-1 and is restored to operation, the owner shall submit an application to the Department of Revenue for a rebuilt title. The motor vehicle, trailer, or semitrailer may not be licensed or titled until there is …

The motor vehicles, trailers, or semitrailers referred to in § 32-3-53 may be inspected by an employee of the Department of Revenue or a highway patrolman. The certificate of inspection shall be of a form prescribed and furnished by the department. Motor vehicles, trailers, or se…

For the purposes of §§ 32-3-53 and 32-3-53.2 , a trailer is any trailer as defined in § 32-3-1 which has an actual weight of three thousand pounds or greater. Source: SL 1985, ch 239 , § 8; SL 2011, ch 138 , § 1.

For the purpose of carrying out the provisions of this chapter, the office of the secretary may adopt and use a special seal. The secretary shall prescribe and furnish all printed forms needed to carry out the provisions of this chapter. Source: SDC 1939, § 44.0208 (2) as added b…

The secretary of revenue may promulgate rules pursuant to chapter 1-26 and issue instructions as are necessary to ensure and obtain uniformity in the administration of the provisions of this chapter. Rules may be adopted in the following areas: (1) Application requirements for ne…

Any motor vehicle that is twenty years of age or older may be sold at auction, if the auction is sponsored by a nonprofit automobile club subject to the provisions of chapters 47-22 to 47-28 , inclusive. A nonprofit automobile club may not sponsor more than four auctions a year u…

If the ownership of any motor vehicle, trailer, or semitrailer passes by operation of law, judicial sale, repossession, or proceedings or in any other manner not provided for in this chapter, the owner may, upon furnishing satisfactory proof to the department of such ownership, p…

Before a vehicle with a title issued by the department may be sold at an auction pursuant to § 32-3-59 , the auctioneer shall have in his possession an odometer reading certified by the owner of the motor vehicle if the vehicle has an odometer and, except as provided in § 32-3-61…

An auctioneer may not sell a 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. An auctioneer may not release the proceeds from the sale of a vehicle with a lien on the title…