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South Dakota Statutes, Title 32

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South Dakota/Statutes

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Title 32, MOTOR VEHICLES

55 chapters · 1,746 sections in this title.

All chapters in Title 321,746 Ch 5, ANNUAL REGISTRATION AND LICENSE PLATES190 Ch 12, DRIVER LICENSES AND PERMITS127 Ch 6B, REGULATION OF VEHICLE DEALERS124 Ch 3, TITLE REGISTRATION, LIENS AND TRANSFERS114 Ch 12A, COMMERCIAL DRIVERS LICENSES AND PERMITS85 Ch 35, FINANCIAL RESPONSIBILITY OF VEHICLE …84 Ch 22, WEIGHT, SIZE AND LOAD RESTRICTIONS73 Ch 3A, TITLE, REGISTRATION AND TAXATION OF …67 Ch 26, RULES OF THE ROAD63 Ch 9, COMMERCIAL MOTOR VEHICLE CERTIFICATES45 Ch 10, INTERSTATE RECIPROCITY AND PROPORTIO…44 Ch 30, STOPPING AND PARKING RESTRICTIONS40 Ch 17, VEHICLE LIGHTS AND FLARES39 Ch 23, DRIVING UNDER THE INFLUENCE39

1,746 sections·Filtered byTitle 32✕

SDCL § 32-9-17.1 Denial of registration or title to certain commercial motor carriers--Suspension or revocation or registration or permit--Conditions for issuance or restoration
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The department or its agent shall refuse to issue a registration, license plate, permit, or a certificate of title or to transfer any title on a vehicle licensed under chapter 32-9 or 32-10 that has been assigned to a commercial motor carrier who has been prohibited from operatin…
SDCL § 32-9-17.2 Denial of registration or title to motor carrier for failure to disclose information, making false statement, affiliation with ineligible person, or safety reasons--Conditions for issuance
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The department or its agent shall refuse to issue a registration, license plate, permit, or a certificate of title or to transfer any title on a vehicle licensed under chapter 32-9 or 32-10 if a motor carrier fails to disclose material information required, if the motor carrier h…
SDCL § 32-9-2 Motor carrier defined
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Except as provided in § 32-9-3 , the term, motor carrier, when used in this chapter means any person, copartnership, corporation, or limited liability company owning, controlling, operating, or maintaining a commercial vehicle. Source: SDC 1939, § 44.0422; SL 1943, ch 160 ; SL 19…
Discontinuing use of vehicle--Return of plates and certificates--Portion of fees refunded

Showing 701–750 of 1,746

Page 15 of 35

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SDCL § 32-9-21

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Each motor carrier desiring to discontinue using a vehicle as a commercial motor vehicle, may, on or before the termination of any year as provided in § 32-9-17 , return the commercial motor vehicle plates and certificates to the county treasurer of the county where the vehicle w…

SDCL § 32-9-22 Temporary thirty - day permit to operate as commercial motor vehicle--Multiple permits allowed--Fee schedule--Proof of previous registration as noncommercial vehicle

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The fee schedule for a temporary permit to operate as a commercial motor vehicle for any thirty - day period shall be: (1) Gross weight of four thousand pounds or less, nine dollars; (2) Gross weight of 4001 to 6000 pounds, eleven dollars; (3) Gross weight of 6001 to 8000 pounds,…

SDCL § 32-9-22.1 Temporary nonhire permits for commercial vehicles--Fee--Disposition of fees--Limit on issuance

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The owner of a commercial motor vehicle may obtain from the office of any county treasurer a temporary nonhire permit to operate on the highways of this state. This permit shall be issued by the county treasurer upon payment of the fee prescribed under § 32-5-107 . The permit con…

SDCL § 32-9-23.1 Alternate commercial fee by intrastate carriers--Amount of fees--Proof of registration or temporary permit--Certificate required for commercial use of certain noncommercial vehicles

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Motor carriers who make use of the highways of this state or haul overweight loads under special permit on the highways of this state may elect to pay a commercial motor vehicle fee of fifteen dollars per vehicle per trip. Proof of a valid motor vehicle registration, or temporary…

SDCL § 32-9-23.2 Application to pay alternative fee

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If a motor carrier in intrastate commerce elects to pay the commercial motor vehicle fee pursuant to § 32-9-23.1 , the carrier shall make application to an agent, patrol officer, motor carrier enforcement officer, or motor carrier inspector of the Department of Public Safety. Sou…

SDCL § 32-9-23.3 Alternative permit to be secured before movement--Violation as misdemeanor

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Application to pay commercial motor vehicle fees pursuant to § 32-9-23.2 shall be made and the permit secured prior to the motor carrier beginning the movement over the highways. A violation of this section is a Class 2 misdemeanor. Source: SL 1971, ch 197 , § 3; SL 1977, ch 249 …

SDCL § 32-9-23.5 Receipt issued on payment--Display on demand--Violation as misdemeanor

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Upon payment of the permit fee set forth in § 32-9-23.1 , the carrier shall be issued a receipt which shall be the permit to move such vehicle pursuant to the permit. The carrier shall retain the receipt or permit in the carrier's possession for display upon demand of any agent, …

SDCL § 32-9-3 Exceptions from definitions of motor carrier and commercial vehicle

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For the purposes of this chapter, the following do not come within the definition of motor carriers or commercial vehicles if used in intrastate operations: (1) A motor vehicle registered in South Dakota used to carry private business property of five hundred pounds or less; (2) …

SDCL § 32-9-3.1 Fee required of harvest vehicle--Permit--Penalty

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Any motor vehicle or trailer owned and operated by a resident or a nonresident engaged in the harvest of agricultural products may be operated upon the highways, roads, and streets of this state upon payment of a seventy-five dollar fee. Payment of the fee is evidenced by a permi…

SDCL § 32-9-3.2 Mounted specialized equipment included in weight to determine license fee--Violation as misdemeanor

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The specialized equipment mounted on a motor vehicle chassis which is enumerated in subdivisions 32-9-3(2) and (3) is included in the vehicle weight used to determine license fees under the noncommercial schedule. A violation of this section is a Class 2 misdemeanor. Source: SL 1…

SDCL § 32-9-3.3 Infrequently used vehicle and equipment owners to file for license from department--Application form--Fee

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The owner of any vehicle or equipment as defined by subdivision 32-9-3(7) shall, prior to the calendar year in which it is to be operated, file an application for a license with the department. The application shall be on a form prescribed and furnished by the department and shal…

SDCL § 32-9-3.5 Fee for commercial use of motorbus--Gross maximum weight

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For any vehicle, with a seating capacity of sixteen or more persons, including the driver, used as a motorbus in the transportation of persons for hire within the corporate limits of any city or town an annual license fee shall be based on the noncommercial vehicle fee schedule p…

SDCL § 32-9-4 Motor carriage as affected with public interest--Unusual impairment of highway

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The business of operating as a motor carrier as defined in §§ 32-9-2 and 32-9-3 upon the highways of this state is declared to be a business affected with the public interest. The rapid increase in motor carrier traffic over the highways of this state tends to subject said highwa…

SDCL § 32-9-41 Persons and entities required to comply with chapter

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Each person, corporation, or limited liability company operating a motor vehicle, trailer, or semitrailer as a motor carrier on the highways of this state, whether engaged in business wholly in this state, or partly in this state and partly in an adjoining state, shall comply wit…

SDCL § 32-9-44 Revocation or cancellation of certificate upon violation

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The department may, pursuant to chapter 1-26 , revoke and cancel or suspend the commercial motor vehicle certificate which belongs to a person who violates any provision of this chapter. Source: SDC 1939, § 44.9927; SL 1977, ch 249 , §§ 42, 57; SL 1978, ch 158 , § 27; SL 1989, ch…

SDCL § 32-9-44.1 Failure to surrender suspended, revoked or canceled plate or certificate as misdemeanor--Assistance by peace officers

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It is a Class 1 misdemeanor for any carrier to fail or refuse to surrender to the Department of Revenue upon its lawful demand any commercial motor vehicle license plate or certificate which has been suspended, revoked or canceled. If any person shall fail to return the commercia…

SDCL § 32-9-44.2 Revocation, cancellation or suspension of certificate upon repeated violations of § 32-5-16.7

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The department may, pursuant to chapter 1-26 , revoke and cancel or suspend the commercial motor vehicle certificate which belongs to any person who the court has assessed a civil penalty pursuant to § 32-5-16.7 four or more times within a one - year period. Source: SL 2002, ch 1…

SDCL § 32-9-45 Overweight operation of vehicle--Payment of additional fee--Payment no defense

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Any motor carrier who shall operate upon the public highway any motor vehicle the weight of which, together with its load, shall exceed the gross weight of such vehicle specified in his application and authorized in the commercial motor vehicle certificate, shall be thereby deeme…

SDCL § 32-9-46 Fee award as part of criminal conviction for overweight operation--Nonpayment punishable by contempt

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The obligation to pay commercial motor vehicle fees under § 32-9-45 shall be calculated and incorporated in the judgment of any court wherein a motor carrier has been convicted of any offense involving the overweight operation of any motor vehicle upon the highways of this state,…

SDCL § 32-9-47 Determination that vehicle was overweight--Variation of five percent

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For the purpose of this chapter, in determining the gross weight of vehicle or vehicles, and load combined, a variation of five percent, but not to exceed one thousand pounds in excess of the maximum weights herein provided, is hereby allowed, without such variation constituting …

SDCL § 32-9-5 Presumption that motor carrier makes unusual use of highways

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For the purpose of this chapter, any person as defined in § 32-9-1 , using the public highways of this state as a motor carrier, shall be deemed to be making unusual use of said highways. Source: SDC 1939, § 44.0421.

SDCL § 32-9-53 Gross weight of tow trucks and wreckers

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For the purposes of this chapter, the gross weight, as defined in subdivision 32-9-1(6), for tow trucks or wreckers, as defined and operated in §§ 31-8-15 and 31-8-15.1 , is the actual weight of the equipped motor vehicle and does not include the weight of the motor vehicle being…

SDCL § 32-9-54 Fee for certain vehicles transporting passengers--Seating capacity--Maximum weight

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Except as to motor passenger buses operating exclusively within the corporate limits of any municipality, there shall be paid as the annual license fee for any vehicle in the transportation of persons for hire over the highways of this state, with a seating capacity of sixteen or…

SDCL § 32-9-57 Transporter plates for hauling new trailers--Violation as misdemeanor

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Any commercial motor carrier located in the state hauling a new trailer with a manufacturer's statement of origin or certificate of title and who has registered with the Department of Revenue as a transporter may use a transporter plate upon the streets and highways for in-transi…

SDCL § 32-9-57.1 Revocation or suspension of transporter plate--Failure to surrender plate as misdemeanor

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The department may, pursuant to chapter 1-26 , revoke or suspend the transporter plate issued pursuant § 32-9-57 which belongs to any transporter. It is a Class 1 misdemeanor for any transporter to fail or refuse to surrender to the department upon its lawful demand any transport…

SDCL § 32-9-58 Registration and permit required to move certain vehicles between job sites--Fee

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Before any motor vehicle, trailer, semitrailer, motor propelled, or trailed vehicle chassis defined in subdivision 32-9-3(7) is moved between job sites or from one job site to a central location, the owner shall register the unit pursuant to § 32-9-3.3 and purchase a five dollar …

SDCL § 32-9-59 Use of vehicles with dealer 88 license plates--Violation as misdemeanor

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Any new or used vehicle owned by a licensed vehicle dealer, bearing a dealer's 88 license plate issued pursuant to the provisions of §§ 32-6B-22.1 and 32-6B-22.2 may operate such vehicle for the licensed dealership as a motor carrier or any prospective buyer may operate such vehi…

SDCL § 32-9-6 Application to county treasurer--Nonresidents--Contents of application--Violation as misdemeanor

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Any person, corporation, or limited liability company desiring to operate a motor vehicle, trailer, semitrailer as a motor carrier of persons or property on the public highways of this state shall, before beginning the operations, cause to be presented to the county treasurer of …

SDCL § 32-9-7 Issuance of receipt, commercial motor vehicle certificate, and plates--Conspicuous display--Mailing fees--Plate requirements--Fee deposit--Penalty

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On receipt of an application under § 32-9-6 and payment of the commercial motor vehicle fee, required by this chapter, and upon satisfactory evidence that the applicant has complied with all laws, rules, and regulations of this state covering motor vehicles and motor carriers, th…

SDCL § 32-9-8.1 Fees applicable to power unit or tractor only--Interchangeable trailers--Identification plates required--Fee--New plate upon title transfer--Disposition of fees--Trailers within a municipality--Violation as misdemeanor

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All fees for a commercial vehicle apply to the power unit or tractor only. In the case of individual power units pulling interchangeable trailers or semitrailers, the commercial motor vehicle shall be licensed according to the largest gross maximum weight the power unit will haul…

SDCL § 32-9-9 Loss or destruction of commercial plates--Duplicate plates--Fee--Disposition of fee--Report of loss

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Upon loss or destruction of any commercial motor vehicle plate the Department of Revenue shall furnish to the carrier a duplicate plate or plates upon the payment of the sum of ten dollars per plate at the time of the application for the duplicate plate; any funds derived from th…

SDCL § 32-10-1 Definitions

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Terms used in this chapter mean: (1) "Administrator," the secretary of revenue; (2) "Commercial vehicle," any vehicle which is operated in interstate commerce in furtherance of any commercial enterprise; (3) "Department," the Department of Revenue; (4) "Interstate commerce," the …

SDCL § 32-10-10 Administrator's authority to examine laws of foreign jurisdiction to determine local benefits

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In the absence of an agreement or arrangement with any jurisdiction, the administrator may examine the laws and requirements of such jurisdiction and declare the extent and nature of exemptions, benefits, and privileges to be extended to vehicles properly registered or licensed i…

SDCL § 32-10-11 Reciprocity--Local resident with vehicles registered out of state

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A person, firm, corporation, or limited liability company residing in or organized under the laws of South Dakota, but having a place of business in a foreign country, state, territory, or federal district and owning a motor vehicle used in connection with and garaged at such pla…

SDCL § 32-10-12 Eligibility for reciprocity--Annual statement--Contents

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A person, firm, corporation, or limited liability company described in § 32-10-11 shall, on or before the first day of January of each year, file with the Department of Revenue a verified statement showing for the preceding year: (1) Total amount paid to the State of South Dakota…

SDCL § 32-10-13 Reciprocity--Leased vehicles operated by lessee

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An agreement or arrangement entered into, or a declaration issued under the authority of this chapter, may contain provisions under which a leased vehicle properly registered by the lessor thereof may be entitled subject to terms and conditions stated therein, to the exemptions, …

SDCL § 32-10-14 Reciprocity--Extending privileges to out - of - state vehicles in absence of agreement

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If no agreement, arrangement, or declaration is in effect with respect to another jurisdiction as authorized by this chapter, any vehicle properly registered or licensed in such other jurisdiction and for which evidence of compliance is supplied, shall receive, when operated in t…

SDCL § 32-10-15 Proportional registration of fleets of commercial vehicles in interstate commerce--Application to administrator--Contents of application

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Any owner engaged in operating one or more fleets, each consisting of one or more commercial vehicles in this state in interstate commerce, may, in lieu of registering each vehicle individually, register and license each fleet for operation in this state by filing a verified appl…

SDCL § 32-10-16 Fee accompanying application--Computation of fee

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The application under § 32-10-15 for each fleet shall be accompanied by a total fee payment computed as follows: (1) Divide in - state miles by fleet miles; (2) Determine the total amount necessary to register every vehicle in the fleet for which registration is requested based o…

SDCL § 32-10-17 Issuance of plates or registration cards--Paper or electronic proof--Fees

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The administrator shall register the vehicles described and identified in an application pursuant to § 32-10-15 and shall issue a license plate or plates, or a vehicle registration card, or other suitable identification device, for each vehicle described in the application upon p…

SDCL § 32-10-17.1 Alteration or forging of registration card prohibited--Violation as felony

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No person may alter or forge, or may cause to be altered or forged, a vehicle registration card or other temporary registration device or copy thereof issued by the department pursuant to this chapter or chapter 32-9 . Any violation of this section is a Class 6 felony. Source: SL…

SDCL § 32-10-18 Computation of fees--Plate for power unit--Identification fee--Deposit of fees

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The administrator shall compute all fees pursuant to existing statutes for the vehicle being licensed and issue a distinctive single plate which shall be displayed upon the power unit and entitles that power unit to tow any trailer properly licensed in any jurisdiction. In additi…

SDCL § 32-10-19 Refund of power unit fee no longer in use--Amount of refund

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If a power unit operating under the provisions of this chapter is taken out of service for any reason or if ownership of such power unit has been or is transferred to another owner, or is transferred out of the State of South Dakota, upon surrender of the license plate assigned t…

SDCL § 32-10-2 Policy to encourage reciprocal or proportional registration agreements

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It is the policy of this state to promote and encourage the fullest possible use of its highway system by authorizing the making and execution of motor vehicle reciprocal or proportional registration agreements, arrangements, and declarations with other states, provinces, territo…

SDCL § 32-10-20 Proportionally registered interstate fleet vehicles--Intrastate vehicles--Vehicles operating under authority of public utilities commission

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Proportionally registered interstate fleet vehicles registered and identified under § 32-10-17 shall be deemed to be fully licensed and registered in this state for any type of movement or operation, except that, in those instances in which a grant of authority is required for in…

SDCL § 32-10-21 Proportional registration of vehicles subsequently added to proportionally registered fleet

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Vehicles acquired by the owner after the commencement of the registration year and subsequently added to a proportionally registered fleet shall be proportionally registered by applying the mileage percentage used in the original application for such fleet for such registration p…

SDCL § 32-10-22 Withdrawal of vehicle from proportionally registered fleet--Surrender of proportional registration cards

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If any vehicle is withdrawn from a proportionally registered fleet during the period for which it is registered under the provisions of this chapter, the owner of such fleet shall so notify the administrator on appropriate forms to be prescribed by the administrator. The administ…