Title 32 — MOTOR VEHICLES
55 chapters · 1,941 sections in this title.
SDCL § 32-3-28 Issuance of certificate in paper or electronic form--Notation of liens
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The secretary shall issue the certificate of title in paper form or electronic form. If there is no lien noted on the certificate of title or a paper copy is requested pursuant to § 32-3-70 , the secretary shall sign the original certificate of title, deliver the paper copy certi…
SDCL § 32-3-29 Lost certificates--Fee for duplicate
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In the case of lost certificates of title, duplicates may be issued if the loss is accounted for to the satisfaction of the secretary. Any lien to be noted on a certificate of title shall be evidenced by a copy of the security interest when a person applies for a duplicate certif…
SDCL § 32-3-3 Selling new vehicle without delivering manufacturer's statement or certificate of origin--Purchasing new vehicle without obtaining certificate--Violation as misdemeanor
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No manufacturer, importer, dealer, or other person may sell or otherwise dispose of a new motor vehicle, trailer, or semitrailer to a dealer without delivering to the dealer a manufacturer's statement of origin or manufacturer's certificate of origin duly executed in accordance w…
SDCL § 32-3-3.1 Initial registration and titling of mobile and manufactured homes--Time for registration--Penalty--Violation as misdemeanor
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Any new mobile home, new manufactured home, or mobile home or manufactured home which has not been registered in this state shall, upon its sale, be initially registered and titled pursuant to this chapter, and the initial registration fee provided in § 32-5-16.1 shall be collect…
SDCL § 32-3-3.2 Surrender of title on mobile or manufactured home--Request and application--Record--Liens
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An owner of a mobile or manufactured home fixed to real property owned by the applicant may request that the title to the home be surrendered if a title has been issued in accordance with § 32-3-3.1 and payment of the initial registration fee has been made in accordance with §
SDCL § 32-3-3.3 Titling of mobile or manufactured home whose title was surrendered--Affidavit--Report
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An owner of a mobile or manufactured home may choose to obtain a title on a mobile or manufactured home whose title was surrendered. Before the mobile or manufactured home is removed from real property, the owner shall submit to the department a current tax affidavit from the cou…
SDCL § 32-3-30 Certificate to show chain of title--Exceptions
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Except as provided in §§ 32-3-6 , 32-3-24 , and 32-3-32 , every motor vehicle, trailer, or semitrailer certificate of title, upon transfer of ownership, shall contain a complete record showing the chain of title of such motor vehicle, trailer, or semitrailer from the owner named …
SDCL § 32-3-30.1 Odometer information on certificate--Required on sale--Falsification as felony
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Each certificate of title issued by the department for a motor vehicle equipped with an odometer shall contain odometer disclosure information which complies with the provisions of the Truth in Mileage Act of 1986 (Public Law 99-579) as amended as of December 4, 2015. Upon the sa…
SDCL § 32-3-30.2 Abstract of title history or damage disclosure statements--Fee
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The department may, upon written request and payment of a five dollar fee, furnish a person an abstract of the title history of any motor vehicle and semitrailer registered pursuant to this title including any damage disclosure statement of the motor vehicle and semitrailer. The …
SDCL § 32-3-31 Dealer prohibited from taking certificate which does not show name of vendor and vendee--Violation as misdemeanor
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Except as provided in § 32-3-32 it is a Class 2 misdemeanor to deliver or accept a transfer or assignment of a motor vehicle, trailer, or semitrailer certificate of title issued by the State of South Dakota, or a motor vehicle, trailer, or semitrailer muniment of title from anoth…
SDCL § 32-3-32 Dealer's acceptance of out - of - state certificates
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Notwithstanding §§ 32-3-30 and 32-3-31 , dealers licensed under chapter 32-6B may accept and transfer out - of - state certificates or muniments of title for motor vehicles, trailers, or semitrailers. Source: SL 1955, ch 193 , § 1; SDC Supp 1960, § 44.0203-1; SL 1965, ch 186 , § …
SDCL § 32-3-33 Change of county of use of vehicle--Issuance of duplicate for filing by treasurer--Validity of liens
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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…
SDCL § 32-3-34 Assistance by county treasurer
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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 , …
SDCL § 32-3-35 Manufacturer's statement or certificate of origin pending issuance of certificate of title--Priority of liens
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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…
SDCL § 32-3-36 After the notation of lien the treasurer shall deliver the certificate of title to the owner or as otherwise directed by the owner
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The secured party shall be mailed or delivered notification of the party's security interest as filed and noted on the certificate of title. The holder of a certificate of title who refuses to deliver a certificate of title to the treasurer for the purpose of showing the lien on …
SDCL § 32-3-37 Sale of encumbered vehicle with knowledge of lien holder--Effect against subsequent purchasers
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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…
Holder of security interest entitled to have notation of lien made by treasurer--Notification to department--Notation on instrument and certificate of title
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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…
SDCL § 32-3-38.1 Bank, savings and loan association, credit union, or dealer access to motor vehicle title and lien information on state's computer system
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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…
SDCL § 32-3-38.2 Certain fleet leasing contracts do not create sale or security interest--Not applicable to personal leases
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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…
SDCL § 32-3-38.3 Dealer required to utilize electronic title file system
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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…
SDCL § 32-3-39 Deposit of security interest instrument not required
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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…
SDCL § 32-3-4 Eligibility for license--Mobile and manufactured homes exempt
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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…
SDCL § 32-3-40 Security interests created prior to enactment of statute
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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…
SDCL § 32-3-41 Liens noted on certificate valid against creditors of debtor, subsequent purchasers, and other claimants--Perfection of liens noted on-line
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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…
SDCL § 32-3-42 Vehicles held in stock--Security interests acquired previous to enactment of statute
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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…
SDCL § 32-3-43 Notation of lien on certificate of title--Liability of holder of certificate of title for refusal to deliver
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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 …
SDCL § 32-3-44 Release on discharge of lien--Liability for failure to release--Delivery of certificate after entry of discharge
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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…
SDCL § 32-3-45 Fees for notation
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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 …
SDCL § 32-3-46 Enforcement of liens--Filing for record not necessary--Notice of sale
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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 …
SDCL § 32-3-47 Consent of lien holder required for disposal or removal of encumbered vehicle--Violation as felony
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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…
SDCL § 32-3-48 Power to revoke or refuse to issue certificate or registration--Notification to applicant
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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…
SDCL § 32-3-49 Cancellation of certificate--Notification to county treasurer--Notification to certificate holder and lien holder--Surrender of certificate
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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…
SDCL § 32-3-5 Sale without delivering certificate of title--Purchase without obtaining certificate of title--Temporary use--Time limit--Violation as misdemeanor
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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…
SDCL § 32-3-5.1 Repealed by SL 1989, ch 257 , § 9
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32-3-6 Ownership passing by operation of law--Burden of proof. 32-3-7 Sale of secondhand vehicle--Time for delivery of certificate of title--Exception--Violation as misdemeanor. 32-3-7.1 Extension of time to deliver certificate of title to secondhand vehicle--Temporary license pe…
SDCL § 32-3-50 Cancellation of receipt of registration upon cancellation of certificate--Return of receipt and license plates--Confiscation
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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…
SDCL § 32-3-51 Dismantled or destroyed vehicle--Return of plates and title to department--Cancellation of registration--Consent of lien holder--Notation on certificate--Destruction of certificates--Retention of record--Removal of identification numbers as felony
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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,…
SDCL § 32-3-51.11 Retention of damage disclosure statement by department--Part of title history
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The department shall retain each damaged disclosure statement received. The statement shall become part of the title history available to the public pursuant to §
SDCL § 32-3-51.12 Junking certificate required for vehicle being dismantled--Removal of identification number prohibited--Violation as felony
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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…
SDCL § 32-3-51.13 Rebuilt or salvage vehicle--Application for junking certificate--Inspection
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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…
SDCL § 32-3-51.16 Information required on first and subsequent South Dakota titles for vehicles coming into state
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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…
SDCL § 32-3-51.17 Junking certificate for nonrebuildable vehicle
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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.
SDCL § 32-3-51.18 Vehicle dealers required to display damage disclosure statement--Return of vehicle
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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…
SDCL § 32-3-51.19 Salvage vehicle defined--Application
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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…
SDCL § 32-3-51.20 Insurer or self insurer acquiring ownership of salvage vehicle without salvage vehicle title to surrender certificate of title--Salvage title issued--Rebuilt title
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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 …
SDCL § 32-3-51.21 Owner to obtain salvage title if insurer or self insurer declares vehicle total loss but does not acquire ownership--Notice--Sale without title as misdemeanor--Application
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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…
SDCL § 32-3-51.22 Recovered stolen vehicles--Inspection--Title--Salvage vehicle
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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…
SDCL § 32-3-51.4 Repealed by SL 1990, ch 231 , § 5
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32-3-51.5 Vehicle with out-of-state marked title--Damage disclosure information--Salvage title or junking certificate. 32-3-51.6 Rebuilt title. 32-3-51.7 32-3-51.7 to 32-3-51.10. Repealed by SL 2015, ch 157 , §§ 2 to 5. 32-3-51.11 Retention of damage disclosure statement by depar…
SDCL § 32-3-51.5 Vehicle with out-of-state marked title--Damage disclosure information--Salvage title or junking certificate
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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 …
SDCL § 32-3-51.6 Rebuilt title
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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. 32-3-51.7 to 32-3-51.10. R…
SDCL § 32-3-52 Surrender of indicia of ownership by dealers, salvage yards, and others
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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…