Title 32, MOTOR VEHICLES

Nothing contained in this chapter relating to proportional registration of fleet vehicles shall be construed as requiring any vehicle to be proportionally registered if it is otherwise registered in this state for the operation in which it is engaged including, but not by way of …

Agreements, arrangements, or declarations made under the authority of this chapter may include provisions authorizing the administrator to suspend or cancel exemptions, benefits, or privileges granted thereunder for a violation of any of the conditions or terms of such agreements…

It is a Class 1 misdemeanor for any person to fail or refuse to surrender to the Department of Revenue upon its lawful demand any proportional license plates and registration card which has been suspended, revoked, or canceled. If any person shall fail to return the proportional …

The Department of Revenue may execute agreements, arrangements, or declarations to carry out the provisions of this chapter. The department may specify, by rules passed pursuant to chapter 1-26 , the requirements such agreements, arrangements, or declarations must conform to, bef…

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 , § 3; SL 2010, ch 158 , § 6; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.

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 , § 4.

Each interstate motor carrier registering a vehicle under the provisions of chapter 32-10 shall be allowed to select a renewal month of February, May, August, or November. Each license plate or validation decal issued on a staggered basis shall expire on the last day of the month…

All agreements, arrangements, and declarations authorized by this chapter shall be in writing and shall be filed in the office of the administrator. A copy of each agreement, arrangement, or declaration shall be filed within fifteen days after execution or the effective date of t…

All reciprocity and proportional registration agreements, arrangements, and declarations relating to vehicles in force and effect on February 25, 1961, shall continue in force and effect until specifically amended or revoked as provided by law or by such agreements or arrangement…

This chapter shall be, and be construed as, a part of and supplemental to the motor vehicle registration law of this state. Source: SL 1961, ch 237 , § 24.

If any phrase, clause, subsection, or section of this chapter shall be declared unconstitutional or invalid by any court of competent jurisdiction, it shall be conclusively presumed that the Legislature would have enacted this chapter without the phrase, clause, subsection, or se…

It is a Class 2 misdemeanor for any person operating a motor vehicle under the provisions of this chapter to operate a motor vehicle upon the highways of this state who does not have in his possession registration cards evidencing full and proper licensing of that particular vehi…

Fees collected by the secretary of revenue and not otherwise provided for shall be distributed as provided by this section. Fees collected under chapter 32-10 by the secretary of revenue pursuant to § 32-5B-1 shall be deposited in the state highway fund. Fees collected under chap…

In addition to any information the department may require to title a vehicle, an applicant licensing in accordance with the provisions of this chapter or the terms of an agreement authorized by this chapter and entered into with other jurisdictions shall provide the department wi…

Any billing for fees arising from licensing pursuant to the provisions of this chapter or the terms of an agreement authorized by this chapter and entered into with other jurisdictions shall be due and owed upon receipt. Any billing resulting from issuing temporary operating auth…

If a motor vehicle is proportionally registered in South Dakota with the department and the vehicle may not be operated on highways of this state because of a lease cancellation, the owner of the vehicle, upon proof of ownership, may obtain an unladen vehicle permit from the Depa…

Application for an unladen vehicle permit shall be made on forms prescribed by the administrator. The application shall be made to the Department of Public Safety. The application shall provide an acceptable proof to the Department of Public Safety attesting that the owner of the…

The Department of Revenue may enter into an agreement or arrangement with the duly authorized representatives of another jurisdiction, granting to vehicles or to owners or operators of vehicles which are properly registered or licensed in such jurisdiction and for which evidence …

Nothing in §§ 32-10-38 and 32-10-39 changes the vehicle owner's duty to timely file any necessary fuel tax returns or reports and to timely pay any fuel taxes owed to any state. Source: SL 2018, ch 189 , § 3.

The administrator may promulgate rules, pursuant to chapter 1-26 , in the following areas regarding unladen vehicle permits: (1) Design and content of the permit; (2) Revocation, denial, and suspension of the permit; (3) Procedures; and (4) Application requirements. Source: SL 20…

An agreement or arrangement pursuant to § 32-10-4 shall provide that vehicles properly registered or licensed in this state when operated upon highways of such other jurisdiction shall receive exemptions, benefits, and privileges of a similar kind or to a similar degree as are ex…

If any jurisdiction permits or requires the licensing of fleets of vehicles in interstate or combined interstate and intrastate commerce and payment of registration fees, license taxes, or other fixed fees thereon on an apportionment basis commensurate with and determined by the …

Agreements pursuant to § 32-10-6 , under such terms, conditions, or restrictions as the administrator deems proper, may provide that owners or operators of vehicles operated in interstate or combined interstate and intrastate commerce in this state shall be permitted to pay regis…

No agreement pursuant to § 32-10-6 shall authorize, or be construed as authorizing, any vehicle registered under § 32-10-7 to be operated in intrastate commerce in this state unless the owner or operator thereof has been granted intrastate authority or rights by the South Dakota …

The provisions of any existing statute notwithstanding, each county treasurer, in remitting moneys received from the imposition and collection of any tax, license, fee, or permit, imposed under the provisions of this title, upon any motor vehicle and motor carrier, to the proper …

The county treasurer shall forward to the Department of Revenue all applications for registration, reregistration, transfer, license, permit, and duplicate number plates, at such time as required by law. Source: SL 1961, ch 241 ; SL 2004, ch 17 , § 127; SL 2011, ch 1 (Ex. Ord. 11…

The funds credited to the county road and bridge fund pursuant to § 32-11-4.2 shall be used by the board of county commissioners for grading, constructing, planing, dragging, and maintaining county highways and also for dragging, maintaining, and grading secondary roads. Proper e…

The Department of Revenue shall provide all necessary supplies required under the provisions of §§ 32-11-18 and 32-11-19 . Source: SL 1961, ch 241 ; SL 1984, ch 30 , §§ 46-50; SL 2004, ch 17 , § 128; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.

The following fees: (1) Fees collected under §§ 32-3-57 , 32-5-99 , 32-5-111 , and 32-7A-14.1 ; (2) The two percent of motor vehicle license collections referred to in § 32-11-4.1 ; and (3) The title fees collected under § 32-3-27 ; shall be credited to the state motor vehicle fu…

All expenses in administering the state motor vehicle and driver functions shall be paid from the motor vehicle fund. Source: SL 1953, ch 250 , § 2; SDC Supp 1960, § 44.0216; SL 1983, ch 238 , § 1.

The total of the collections coming into the state motor vehicle fund during the preceding fiscal year, less the amount to cover the corresponding expenses, shall be transferred on or about August first of each year to the local government highway and bridge fund except that a ba…

A balance necessary for the manufacturing and distribution of license plates shall be maintained in the license plate special revenue fund. All other moneys shall be transferred to the local government highway and bridge fund. Source: SDC 1939, § 44.0115 as added by SL 1963, ch 2…

The local government highway and bridge fund is hereby created and appropriated for the use of counties, municipalities, and townships for the purposes of constructing and maintaining highways, streets, and bridges on their highway and street systems. Beginning on October 1, 2015…

By the fifteenth day of January, May, July, and October, the secretary of revenue shall apportion moneys in the local government highway and bridge fund as provided by this section. Each county shall receive for the maintenance and construction of highways and bridges on the coun…

There is created in the state treasury the local government transportation technology transfer special revenue fund. The money in this fund shall be used to assist in providing transportation technology information and services to counties, municipalities, and townships. The loca…

Prior to the apportionment required by § 32-11-35 , the secretary of revenue shall apportion one - half of one percent of the local government highway and bridge fund per fiscal year to the local government transportation technology transfer special revenue fund created in § 32-1…

There is hereby created in the state treasury the local bridge improvement grant fund. Interest earned on money in the fund shall be deposited into the fund. Any money in the fund is continuously appropriated to the Department of Transportation. Any money deposited into and distr…

The Transportation Commission shall promulgate rules, pursuant to chapter 1-26 , regarding the application process and timelines, the guidelines and criteria for approval of applications, and the distribution of funds from the local bridge improvement grant fund. The criteria for…

All funds collected for motor vehicle licenses in each county shall be distributed in the following manner: (1) Fifty-four percent of all funds collected shall be transmitted to the secretary of revenue and credited to the local government highway and bridge fund; (1A) Twenty-two…

The county road and bridge fund is hereby established for the accounting and safekeeping of highway and bridge funds of the counties for the deposit and receipt of all public moneys usable for county highway and bridge construction, maintenance, and repair. Revenues to be deposit…

There is created in the state treasury the county and township infrastructure fund. The fund consists of unobligated moneys transferred pursuant to § 31-34-3 . Expenditures from the fund must be budgeted through the general appropriation bill. The Department of Revenue shall admi…

In apportioning the amount set aside to the various civil townships pursuant to § 32-11-4.1 , the apportionment shall be made quarterly by the county commissioners at the first meeting in January, April, July, and October, and shall be made as provided by §§ 32-11-6 and 32-11-7 .…

The amount set aside to the various unorganized and organized civil townships pursuant to §§ 10-47B-149.1 , 32-10-35 , 32-11-4.1 , and 32-11-35 shall be apportioned among the townships according to the number of miles of maintained township roads within the townships, including r…

If any portion of a county is unorganized territory, the amount that would have gone to the unorganized territory under § 32-11-6 , shall be retained by the county and expended by the county upon construction, reconstruction, and maintenance of roads and bridges of the unorganize…

If the county highway system is not completed in the county in which funds are collected for motor vehicle licenses, the board of county commissioners may use any portion of the allotment of a township in which a county road is being constructed for the construction of such road,…

For purposes of this chapter, terms are defined in § 32-14-1 . Terms used in this chapter mean: (1) "Driver license," a document issued by a state or jurisdiction to an individual that authorizes the individual to drive a motor vehicle, including an operator's license, motorcycle…