Title 32 — MOTOR VEHICLES
55 chapters · 1,941 sections in this title.
SDCL § 32-9-42 Repealed by SL 1984, ch 225 , § 5
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32-9-43
SDCL § 32-9-43 Repealed by SL 1989, ch 264 , § 14
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32-9-44 Revocation or cancellation of certificate upon violation. 32-9-44.1 Failure to surrender suspended, revoked or canceled plate or certificate as misdemeanor--Assistance by peace officers. 32-9-44.2 Revocation, cancellation or suspension of certificate upon repeated violati…
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 SDCL 32-9-44.2
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Revocation, cancellation or suspension of certificate upon repeated violations of §
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--Violation as misdemeanor
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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 Repealed by SL 1977, ch 249 , § 57
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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. 32-9-9 Loss or destruction of commercial plates--Du…
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…
SDCL § 32-10-23 Application for proportional registration of interstate fleet--Contents of application--Computation of in - state miles
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Application for proportional registration of an interstate fleet to be operated in this state for the first time shall state the mileage data with respect to such fleet for the preceding year in other jurisdictions and the estimated annual mileage for such fleet in this state. If…
SDCL § 32-10-24 Denial of proportional registration where foreign state denies similar registration
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The administrator may refuse to accept proportional registration applications for the registration of vehicles based in, or owned by residents of, another jurisdiction that does not grant similar registration privileges to fleet vehicles based in or owned by residents of this sta…
SDCL § 32-10-25 Records kept for proportionally registered fleet--Inspection by administrator--Joint audits
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Any owner whose application for proportional registration has been accepted shall preserve the records on which the application is based for a period of four full years following the year or period upon which said application is based. Upon request of the administrator, the owner…
SDCL § 32-10-26 Repealed by SL 1984, ch 30 , § 44; SL 1984, ch 207 , § 78
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32-10-27 Statute as authority for proportional registration--Other statutes inapplicable. 32-10-28 Otherwise registered vehicles not required to be proportionally registered--Temporarily registered vehicles. 32-10-29 Suspension or cancellation of benefits to violating carrier. 32…
SDCL § 32-10-27 Statute as authority for proportional registration--Other statutes inapplicable
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The provisions of § 32-10-10 and of §§ 32-10-15 to 32-10-27 , inclusive, and the other applicable provisions of this chapter shall constitute complete authority for the registration of fleet vehicles upon a proportional registration basis and without reference to or application o…
SDCL § 32-10-28 Otherwise registered vehicles not required to be proportionally registered--Temporarily registered vehicles
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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 …
SDCL § 32-10-29 Suspension or cancellation of benefits to violating carrier
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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…
SDCL § 32-10-29.1 Failure to surrender suspended, revoked or canceled plates or registration card as misdemeanor--Assistance by peace officers
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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 …
SDCL § 32-10-3 Authority of department to execute agreements, arrangements or declarations--Rules
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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…
SDCL § 32-10-3.1 Repealed
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Source: SL 1973, ch 2 , § 231; SL 1974, ch 3 , § 13; SL 2004, ch 17 , § 122; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011; SL 2021, ch 125 , § 9.
SDCL § 32-10-3.2 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 , § 3; SL 2010, ch 158 , § 6; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
SDCL § 32-10-3.3 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 , § 4.
SDCL § 32-10-3.4 Staggered registration of interstate motor carriers
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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…
SDCL § 32-10-30 Form and filing of agreements made pursuant to statute--Access to instruments--Public distribution
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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…