Title 32 — MOTOR VEHICLES

32-1-1.1

Ord. 11-1 ), § 137, eff. Apr. 12, 2011. 32-1-2

32-1-3 Motor vehicle powers of Department of Revenue. 32-1-4

The Department of Revenue shall exercise the powers, and have charge of and perform functions, duties, and services with respect to the registration and licensing of motor vehicles and motor vehicle dealers, compensation for unusual use of the highways, motor vehicle titles, fina…

32-1-5 Bonded employees authorized to administer oaths--Fees prohibited. 32-1-6 County treasurer to remit collections to state. 32-1-7 Dealer information available to public. 32-1-8 Mailing fees--Review by Legislature. 32-1-9 Motor vehicle technology fee--Deposit. 32-1-1. Superse…

Any bonded employee of the Department of Revenue shall have the power to administer oaths for the purpose of the administration of the motor vehicle laws of this state and for other purposes of departmental administration of motor vehicle functions, and shall have the general pow…

Each county treasurer shall remit all revenues collected for the state under Title 32 to the state remittance center within the time frame established under chapter 4-3 . The secretary of revenue shall establish procedures for supervising the collection and reporting of the reven…

Information regarding dealers licensed pursuant to chapters 32-6B , 32-6C , 32-7A , and 32-7B shall be made available to the public by the department. The information shall include the dealership name, physical address, mailing address, telephone number, dealer license number, an…

Mailing fees in chapters 32-3A , 32-5 , 32-6B , 32-6C , 32-7A , 32-7B , 32-9 , and 32-10 shall be reviewed by the Legislature every four years. Source: SL 2023, ch 98 , § 10, eff. Mar. 14, 2023.

There is imposed an additional, nonrefundable motor vehicle technology fee on any transaction performed pursuant to chapters 32-3 , 32-3A , 32-5 , 32-9 , and 32-10 , which is subject to an existing fee. The additional fee is two dollars per transaction. Fees collected under this …

Ord. 03-1), § 21.

Source: SDC 1939 § 44.0606; SL 1939, ch 179 ; SL 1978, ch 221 ; SL 2003, ch 272 , § 21; SL 2024, ch 107 , § 1.

A superintendent, appointed by the secretary of the Department of Public Safety shall, under the direction of such secretary, have charge of the Division of Highway Patrol. Such secretary shall continue to have charge and custody of all records, accounts, files, equipment, motor …

The Division of Highway Patrol shall continue within the Department of Public Safety, and all its functions shall be performed by the Department of Public Safety. The director of the Division of the Highway Patrol shall be the superintendent of the highway patrol, provided for un…

The compensation of each agent, patrolman, and employee of the Division of Highway Patrol is set by the Department of Public Safety. Any employee who has worked five years is entitled to longevity compensation each month equal to four dollars for each year of all continuous servi…

Compensation fixed under § 32-2-10 and expenses incurred by agents, patrolmen, and employees of the Division of Highway Patrol, and the salary of the superintendent, may be paid out of the state highway fund, and such payments shall be made upon vouchers properly executed and pre…

32-2-12 General duties of division.

Except as otherwise specifically provided, the Division of Highway Patrol is entrusted with the enforcement of all laws, police regulations, and rules governing the operation of motor vehicles and motor carriers. Source: SDC 1939 § 44.0605.

The superintendent of the highway patrol shall furnish bond in such form as required by and in such amount as may be designated by the Department of Public Safety, such bond to be approved by the attorney general and filed with the secretary of state. The premium for such bond sh…

The Department of Public Safety shall establish an adequate highway patrol by the employment of full-time employees as it deems adequate. The employees shall be known and commissioned as agents of the Division of Highway Patrol. Each full-time employee is required to pass suitabl…

The Department of Public Safety shall have power to purchase equipment, including automobiles, motorcycles, radios, firearms, and any other equipment that may be necessary properly to equip agents operating under the Division of Highway Patrol. Source: SDC 1939, § 44.0604 (1); SL…

Agents, patrol officers, motor carrier enforcement officers, and motor carrier inspectors of the Department of Public Safety shall assist in the enforcement of all laws, police regulations, and rules governing motor vehicles and motor carriers over and upon the highways of this s…

Agents, patrol officers, motor carrier enforcement officers, and motor carrier inspectors of the Department of Public Safety shall place violators of any of the laws or police regulations of this state, governing operation of motor vehicles or motor carriers, under arrest without…

Arrest powers for motor carrier inspectors employed by the Division of Highway Patrol are limited to violations of chapters 10-47B , 32-5 , 32-9 , 32-10 , 32-12 , 32-12A , 32-22 , 40-19 , 40-20 , 40-21 , 49-28 , and 49-28A and §§ 50-4-13 to 50-4-17 , inclusive, and § 32-33-17 , a…

Agents, patrolmen, and employees of the Division of Highway Patrol shall prevent and detect crime, apprehend criminals, enforce the criminal and traffic laws of the state, and perform such other related duties as may be legally imposed upon them. Such agents, patrolmen, and emplo…

[Repealed or reserved.]

No person, except as provided in this chapter, obtaining or acquiring possession of a motor vehicle, trailer, or semitrailer acquires any right, title, claim, or interest in or to the motor vehicle, trailer, or semitrailer, until he has been issued a certificate of title to the m…

A certificate of title issued under this chapter shall be evidence or indicia of ownership of the motor vehicle, trailer, or semitrailer described on the title. From the time of delivery of possession of a motor vehicle, trailer, or semitrailer to a person acquiring the vehicle o…

An owner, or any person without the consent of the owner, who operates or has possession of a motor vehicle in this state under a registration number of this state, without first securing a certificate of title as provided in this chapter, is guilty of a Class 2 misdemeanor. Sour…

Any person who sells or transfers a motor vehicle, trailer, or semitrailer without complying with the requirements of this chapter is guilty of a Class 2 misdemeanor. Source: SDC 1939, § 44.9908; SL 1955, ch 184 ; SL 1986, ch 242 , § 29; SL 1989, ch 257 , § 15.

Any person who knowingly makes any false statement of a material fact, either on the application for the certificate of title provided for in this chapter, or in any assignment thereof, is guilty of a Class 5 felony. Source: SDC 1939, § 44.9911; SL 1989, ch 257 , § 16.

Any person who alters or forges, or causes to be altered or forged, any certificate of title issued by the State of South Dakota pursuant to the provisions of this chapter, or any assignment thereof, or any person who shall hold or use any such certificate or assignment knowing t…

The department shall prescribe and adopt a uniform method of numbering certificates of title which is unique and for which the numbers may not be duplicated. The department shall appropriately file and index all records by title number. Applications, certificates of titles, and a…

Certificates of title issued by the secretary of state before July 1, 1951, shall be sufficient for the purposes of this chapter and for registration and licensing until the motor vehicle therein described on the certificate shall be transferred or otherwise disposed of or until …

If an application made to the county treasurer for a certificate of title pursuant to § 32-3-18 is received and processed entirely by mail, the county treasurer may charge an administration fee for the processing of the title application. An administration fee charged under this …

Any owner who chooses to title a motor vehicle, off-road vehicle, or snowmobile in South Dakota, but who does not have a South Dakota-issued driver license or identification card, or a physical address in South Dakota, shall pay a one-hundred-dollar fee in addition to the title a…

Any person who makes any false affidavit, or knowingly swears or affirms falsely, to any matter or thing required by the terms of this chapter to be sworn or affirmed to, is guilty of perjury, and punishable by a fine and imprisonment as other persons committing perjury are punis…

The provisions of chapters 32-3 to 32-6B , inclusive, apply to all motor vehicles, trailers, semitrailers, and motorcycles as defined in § 32-3-1 required to be titled under the laws of this state except as otherwise provided by law. Source: SDC 1939, § 44.0202 (1) as added by SL…

32-3-2.2

32-3-2.3 Mopeds exempt. 32-3-2.4 Farm vehicles exempt--Exceptions. 32-3-3 Selling new vehicle without delivering manufacturer's statement or certificate of origin--Purchasing new vehicle without obtaining certificate--Violation as misdemeanor. 32-3-3.1 Initial registration and ti…

Mopeds as defined in § 32-3-1 shall be exempt from the provisions of this chapter unless an applicant wishes to obtain title to a moped. Source: SL 1978, ch 230 , § 9; SL 1989, ch 257 , § 4.

Any farm wagon, farm implement drawn by another vehicle, or farm vehicle which is designed and used primarily for tillage, harvesting, or transportation of agricultural products or farm property by or for agricultural producers is exempt from the provisions of this chapter, unles…

If the vehicle identification number of a motor vehicle, trailer, or semitrailer is changed, the owner shall within fifteen days make application as provided in this chapter for a new certificate of title setting forth all additional pertinent facts and shall surrender the former…

The department may not title or issue a license for the operation of any motor vehicle without a vehicle identification number, except, the department may authorize the titling of motor vehicles by a number other than the vehicle identification number and when so titled, the numb…

The fee for assignment of a vehicle identification number is twenty - five dollars. The fee is payable to the county treasurer's office at the time of application for a rebuilt title. The county treasurer shall forward to the Division of Motor Vehicles the rebuilt title applicati…

If a certificate of title has not previously been issued for any motor vehicle, trailer, or semitrailer in this state, the application for a certificate of title, unless otherwise provided for in this chapter, shall be accompanied by a manufacturer's statement of origin or a manu…

The burden of proving his ownership and title shall be upon the applicant for a certificate of title. If satisfied that the applicant is the owner of the motor vehicle, trailer, or semitrailer and the application is in proper form, the secretary shall issue a certificate of title…

If an application for title and registration is filed by a dealer on behalf of a customer,the application shall be filed in the customer's county of residence. Source: SDC 1939, § 44.0202 (8) as added by SL 1951, ch 229 , § 2; SL 1955, ch 161 ; SL 1965, ch 186 , § 2; SL 1989, ch …

In any transfer of a motor vehicle, trailer, or semitrailer, the application for certificate of title shall be filed within forty-five days after the date of assignment of such motor vehicle, trailer, or semitrailer. However, licensed dealers need not apply for a certificate of t…

32-3-27 Late application for certificate--Additional fee--Application delay as misdemeanor. 32-3-28 Issuance of certificate in paper or electronic form--Notation of liens. 32-3-29 Lost certificates--Fee for duplicate. 32-3-30 Certificate to show chain of title--Exceptions. 32-3-3…