Title 32 — MOTOR VEHICLES
55 chapters · 1,941 sections in this title.
SDCL § 32-7B-29 Auction of boat covered by lien--Consent and release of lien holder--Violation as misdemeanor
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A consignee or an auctioneer may not sell a boat 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 of a boat …
SDCL § 32-7B-3 Classification of licenses
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Any dealer's license issued under this chapter shall be of the following classification: (1) "Boat dealer's license," to permit the licensee to engage in the business of selling or exchanging new and used boats; (2) "Used boat dealer's license," to permit the licensee to engage i…
SDCL § 32-7B-30 Temporary location--Time limit--Zoning and building requirements
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For the purposes of this chapter, a temporary boat show lot is any location other than the principal place of business or supplemental lot where a licensed boat dealer may conduct business for a period of time not to exceed ten consecutive days for a specific purpose such as fair…
SDCL § 32-7B-4 Application required--Contents
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Any person selling boats pursuant to the requirements of this chapter shall file with the Department of Revenue, upon forms provided by the department, an application including the following information: (1) The name and address of the applicant; (2) The name of the partnership, …
SDCL § 32-7B-5 Verification of application--Refusal of application
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The department shall, in the case of every application for initial license, verify the facts set forth in the application. The department may not issue a license to the applicant until it is satisfied that the facts set forth in the application are true. The department may refuse…
SDCL § 32-7B-6 Bond required--Amount--Term--Continuation certificate--Notification of payment or cancellation--Additional bond
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Before any license may be issued, the applicant shall deliver to the department, a surety bond in the amount of twenty thousand dollars, executed by the applicant as principal and by a surety company qualified to do business in the state as surety. If the applicant has multiple d…
SDCL § 32-7B-6.1 Increase in dealer bond amount--Implementation
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To implement any increase in the amount of a dealer bond, a dealer, upon renewal of a bond or upon annual renewal of a dealer license, whichever comes first, shall deliver to the department an original bond or a bond rider that is issued by the surety company showing the new bond…
SDCL § 32-7B-7 Proof of contract or franchise
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No dealer's license may be issued to a person who desires to sell or offer for sale new boats, until the applicant furnishes proof, satisfactory to the department that the person has a bona fide contract or franchise in effect in this state with the manufacturer of the boat or bo…
SDCL § 32-7B-8 Dealer license--Fee--Renewal--Disposition of fees--Promulgation of Rules
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The application for license and all applicable fees are due prior to the issuance of the initial license. The initial fee for a license shall be two hundred fifty dollars, and a renewal license shall be one hundred seventy-five dollars. All licenses shall be reviewed annually by …
SDCL § 32-7B-9 Books, records, and files to be kept--Inspection
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Any 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 boat; (2) A description of each boat purchased…
SDCL § 32-7B-9.1 Offer to sell, sale, or exchange of boat without certificate of title allowed under specified circumstances
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A dealer may offer for sale, sell, or exchange a boat 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 boat to include the satisfaction of any outstanding liens or encum…
SDCL § 32-7B-9.2 Agreement that dealer will satisfy lien by paying lienholder--Trade of boat or consignment agreement--Theft
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If a person trades in a boat to a dealer or enters into a consignment agreement with a dealer whereby the dealer will sell the boat and the boat has a lien noted on the title, the dealer and person may agree that the dealer shall satisfy the lien amount by paying the lienholder w…
SDCL § 32-7B-9.3 Time period to satisfy lien after receipt of funds--Offering boat for sale prior to tender to lienholder
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If a dealer enters into an agreement pursuant to § 32-7B-9.2 , the dealer shall satisfy the lien within ten business days after the receipt of funds. No dealer may offer the boat for sale until payment has been tendered to the lienholder, except on a consigned boat, whereby the d…
The permit conditions and restrictions contained by that section apply to this permit
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This permit may be issued to the owner of a commercial motor vehicle who has returned the commercial plates pursuant to § 32-9-21 and has shown a need to operate this motor vehicle on the highway. The fee shall be reported and forwarded monthly by the county treasurer to the Depa…
32-9-45 Overweight operation of vehicle--Payment of additional fee--Payment no defense
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32-9-46 Fee award as part of criminal conviction for overweight operation--Nonpayment punishable by contempt. 32-9-47 Determination that vehicle was overweight--Variation of five percent. 32-9-48 32-9-48 to 32-9-52. Repealed by SL 1984, ch 309 , §§ 8 to 12. 32-9-53 Gross weight o…
SDCL 32-5-2.4
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Source: SL 2010, ch 158 , § 1.
The gross maximum weight shall be the unladen weight of the vehicle plus an additional two hundred pounds per passenger seating capacity
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Source: SL 1994, ch 240 , § 2; SL 2003, ch 165 , § 2.
The owner shall purchase the permit from an agent, patrol officer, motor carrier enforcement officer, or motor carrier inspector of the Department of Public Safety
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The permit shall be prescribed by the secretary of revenue and the permit fees shall be deposited credited to the local government highway and bridge fund created pursuant to §
SDCL § 32-9-10 Duties of department
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The department shall make suitable provisions for the carrying out of the purposes of this chapter. The department shall furnish to the county treasurer all receipts, certificates, plates, and supplies required by this chapter. Source: SDC 1939, § 44.0425; SL 1947, ch 195 , § 2; …
SDCL § 32-9-11 Repealed by SL 1977, ch 249 , § 57
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32-9-12 Forwarding applications to department. 32-9-13 Registration of maximum gross weight of vehicle. 32-9-14 Overweight operation prohibited--Violation a misdemeanor. 32-9-15 Schedule of commercial motor vehicle fees per gross pounds--Older vehicles. 32-9-16 Time for payment o…
SDCL § 32-9-12 Forwarding applications to department
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The county treasurer shall, at the close of each day during which the office has been open to the public, mail to the department the applications under this chapter received and registered during the day. Source: SDC 1939, § 44.0425; SL 1947, ch 195 , § 2; SL 1949, ch 171 ; SL 19…
SDCL § 32-9-13 Registration of maximum gross weight of vehicle
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Every person, corporation, or limited liability company desiring to operate a motor vehicle, trailer, or semitrailer as a motor carrier of property on the public highways of this state shall choose and fix at the time of registration the maximum gross weight of the motor vehicle,…
SDCL § 32-9-14 Overweight operation prohibited--Violation a misdemeanor
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No person may operate a vehicle, trailer, or semitrailer as a commercial motor vehicle on the public highways of this state with a gross weight of more than the gross weight fixed and determined by the person and for which the person has paid commercial motor vehicle fees and rec…
Schedule of commercial motor vehicle fees per gross pounds--Older vehicles
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In consideration of the unusual use of the public highways, each person, except as otherwise provided in this chapter, desiring to operate a motor vehicle, trailer, or semitrailer, upon the public highways of this state as a motor carrier, shall annually pay the commercial motor …
SDCL § 32-9-16 Time for payment of commercial motor vehicle fee--Time for display of plate--Violation as misdemeanor
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Payment of the annual commercial motor vehicle fee shall be made before beginning an operation or anytime within ninety days prior to the vehicle's registration date. A commercial motor vehicle plate shall be displayed prior to beginning operation and during operation. A violatio…
SDCL § 32-9-16.1 Promulgation of rules for staggered registration system
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The secretary of revenue may promulgate rules pursuant to the provisions of chapter 1-26 to provide for a staggered registration system. Source: SL 2004, ch 210 , § 1; SL 2010, ch 158 , § 5; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
SDCL § 32-9-16.2 Fees paid pursuant to chapter--Calculation
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Any fee paid pursuant to this chapter shall be calculated by assessing one - twelfth of the annual registration fee times the number of months or any portion thereof for which the vehicle is being licensed. Source: SL 2004, ch 210 , § 2.
SDCL § 32-9-16.3 Staggered registration of intrastate commercial vehicles
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The annual registration of all intrastate commercial vehicles shall be staggered in accordance with the provisions set forth in §§ 32-5-2.1 , 32-5-2.2 , and
SDCL § 32-9-17 Duration of commercial plates and decals--Payment for unexpired portion of year--Proration of fee
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Each commercial motor vehicle plate or validation decal, intrastate and interstate, shall be valid from the date of issue to the last day of the assigned expiration month. If any plate is issued after the renewal month, the commercial motor vehicle fee shall be paid only for the …
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…
SDCL § 32-9-21 Discontinuing use of vehicle--Return of plates and certificates--Portion of fees refunded
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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 §
SDCL § 32-9-23 Repealed by SL 1986, ch 242 , § 9
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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. 32-9-23.2 Application to pay alternative fee. 32-9-23.3 Alternative permit to be secure…
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 § 32-9-23.4 Repealed by SL 1988, ch 251 , § 8
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32-9-23.5 Receipt issued on payment--Display on demand--Violation as misdemeanor. 32-9-23.6
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 § 32-9-23.6 Repealed by SL 1980, ch 226 , § 6
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32-9-24 32-9-24 , 32-9-24 .1. Repealed by SL 1989, ch 264 , §§ 12, 13. 32-9-25 32-9-25 to 32-9-27. Repealed by SL 1978, ch 224 , §§ 14 to 16. 32-9-28 32-9-28 to 32-9-40. Repealed by SL 1977, ch 249 , § 57. 32-9-41 Persons and entities required to comply with chapter. 32-9-42
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 § 32-9-3.4 Repealed by SL 1988, ch 27 , § 6
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32-9-3.5 Fee for commercial use of motorbus--Gross maximum weight. 32-9-4 Motor carriage as affected with public interest--Unusual impairment of highway 32-9-5 Presumption that motor carrier makes unusual use of highways. 32-9-6 Application to county treasurer--Nonresidents--Cont…
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…