S.D. Codified Laws § 32-14-15 — SD Code / Title 32 / Chapter 14 / Section 32-14-15
Golf cart--Limited operation crossing highway--Violation as misdemeanor
Status: in_force

Except as provided in § 32-14-15.1 , no person may operate a golf cart on a state or county highway except for crossing from one side of the highway to the other . A golf cart may cross the highway at a right angle, but only after stopping and yielding the right-of-way to all approaching traffic and crossing as closely as possible to an intersection or approach. The operation of a golf cart on a state or county highway in a manner not permitted by this section is a Class 2 misdemeanor.

Source: SL 2010, ch 164, § 3; SL 2023, ch 104, § 1.
S.D. Codified Laws § 32-3A-16 — SD Code / Title 32 / Chapter 3A / Section 32-3A-16
Display of other numbers on boat prohibited--Misdemeanor
Status: in_force

No number other than the number awarded to a boat or granted reciprocity pursuant to this chapter may be attached on either side of the bow of the boat. A violation of this section is a Class 2 misdemeanor.

Source: SL 1959, ch 125, § 4; SDC Supp 1960, § 25.1404 (11); SL 1984, ch 279, § 15; SDCL 42-8-19.
S.D. Codified Laws § 32-22-12.3 — SD Code / Title 32 / Chapter 22 / Section 32-22-12.3
Exception for combination of towing motor vehicle and two implements of husbandry operated by/for farm implement dealer
Status: in_force

The provisions of §§ 32-22-9 to 32-22-12.1 , inclusive, do not apply to any combination of vehicles consisting of a towing motor vehicle and two implements of husbandry which is being operated by or for a farm implement dealer. The operator of any such combination shall have in possession an oversize permit issued pursuant to § 32-22-42 . In such a combination, the vehicles shall be connected to each other by a ball hitch, a pintle hitch, or a pin hitch. The maximum length of the vehicles in this combination may not exceed one hundred feet and neither implement may exceed forty - five feet in length. The combination may not be operated on the interstate highway system. The combination may travel on other public highways only during the hours of sunrise to sunset, may not travel in excess of twenty - five miles per hour, and the rearmost implement shall display red flags on the extremities. A violation of this section is a Class 2 misdemeanor.

Source: SL 1998, ch 192, § 1.
S.D. Codified Laws § 32-6D-11 — SD Code / Title 32 / Chapter 6D / Section 32-6D-11
Time limit for action
Status: in_force

Any action brought under this chapter against the manufacturer shall be commenced within three years following the date of original delivery of the motor vehicle to the consumer.

Source: SL 1993, ch 227, § 11.
S.D. Codified Laws § 32-5-65 — SD Code / Title 32 / Chapter 5 / Section 32-5-65
Special plates for commercial radio or broadcasting companies--Fee--Surrender of plates--Violation as misdemeanor
Status: in_force

Any commercial radio station or broadcasting company that holds an unrevoked and unexpired official license issued by the federal communications commission or employees of the station or company when requested and approved by the station or the company, and who are residents of this state and have complied with all the laws of this state in regards to the registration of a motor vehicle, may apply for a set of special plates bearing an inscription thereon of the call letters authorized for the station or company radio license by making application therefor on a form prescribed by the department. The special plates are in lieu of the regular number plates issued for the motor vehicle. The special plates shall be displayed as set forth in § 32-5-98 . In addition to the noncommercial license plate fees, an additional fee of ten dollars shall be charged for the initial issuance of the special plates. If the federal communication commission's license is revoked, the owner shall surrender the special license plates to the department. If the employee is no longer employed by the station or the broadcasting company, the employee shall surrender the special license plates to the department. The secretary shall make the necessary changes in the registration file. The owner shall obtain regular number plates. Failure to surrender the special license plates as required by this section is a Class 2 misdemeanor.

Source: SL 1953, ch 241, § 1; SL 1955, ch 186; SDC Supp 1960, § 44.01 13-1 ; SL 1986, ch 242, § 12; SL 1987, ch 216, § 2; SL 1988, ch 236, § 15; SL 2007, ch 173, § 22, eff. July 1, 2008; SL 2010, ch 153, § 2; SL 2021, ch 125, § 4.
S.D. Codified Laws § 32-6C-3 — SD Code / Title 32 / Chapter 6C / Section 32-6C-3
Application required--Contents
Status: in_force

Any person selling snowmobiles 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, with the names and addresses of all partners;

(3) The name of the corporation or limited liability company, with the names and addresses of the principal officers or members, if the applicant is a corporation or limited liability company;

(4) The exact location of the place of business and, if owned by the applicant, when acquired. If the place of business is leased, a copy of the lease shall accompany the application;

(5) A certification that the location is the place where the applicant keeps and maintain books, records, and files necessary to conduct business, which shall be available at all reasonable hours to inspection by the department;

(6) A statement that the applicant is either franchised by a manufacturer of snowmobiles, in which case the name of each snowmobile that the applicant is franchised to sell shall be included, or is a used snowmobile dealer, or both;

(7) A certification that neither the applicant, nor any other partner, member, or officer has been convicted of a crime involving vehicle theft or fraud in the last five years;

(8) Such other information as the department may require.

Source: SL 1987, ch 223, § 3; SL 2004, ch 17, § 93; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011; SL 2014, ch 139, § 6.
S.D. Codified Laws § 32-5-52 — SD Code / Title 32 / Chapter 5 / Section 32-5-52
Radius of use of vehicle--Size of first or second class municipality--Violation as misdemeanor
Status: in_force

Every vehicle licensed under § 32-5-50 shall be used only for the purposes of driver education under such program and only within the first or second class municipality wherein said dealer furnished said vehicle and within a radius of twenty miles of said municipality; provided that within municipalities of less than twenty - five hundred population the radius for the use of such vehicle by instructor and student shall be extended so as to encompass the nearest municipality with a population of twenty - five hundred or more. A violation of this section is a Class 1 misdemeanor.

Source: SL 1957, ch 239, §§ 3, 4; SDC Supp 1960, §§ 44.01 13-5 , 44.9947; SL 1961, ch 221; SL 1965, ch 182; SDCL, § 32-5-53 ; SL 1992, ch 60, § 2.
S.D. Codified Laws § 32-20-9.4 — SD Code / Title 32 / Chapter 20 / Section 32-20-9.4
Policemen exempt from restrictions on use of lanes
Status: in_force

Sections 32-20-9.2 and 32-20-9.3 shall not apply to police officers in the performance of their official duties.

Source: SL 1970, ch 176, § 1, § 9.
S.D. Codified Laws § 32-20B-15 — SD Code / Title 32 / Chapter 20B / Section 32-20B-15
Speedometer requirement for Class III electric bicycle
Status: in_force

Any person operating a Class III electric bicycle shall ensure that the bicycle is equipped with a functioning speedometer.

Source: SL 2019, ch 135, § 7.
S.D. Codified Laws § 32-3A-29 — SD Code / Title 32 / Chapter 3A / Section 32-3A-29
Transfer by operation of law--Transferee application for title
Status: in_force

If ownership of a large boat is transferred by operation of law, by inheritance, order in bankruptcy, insolvency, replevin, or execution sale, the transferee, within forty-five days after acquiring the right to possession of the large boat, shall mail or deliver to the county treasurer satisfactory proof of ownership as the department requires, together with an application for a new certificate of title, and the required fee. If a lienholder repossesses a large boat and holds it for resale, the lienholder shall secure a new certificate of title and shall pay the required fee.

Source: SL 1991, ch 362, § 14; SL 1994, ch 335, § 37; SDCL § 42-8-81; SL 2016, ch 154, § 5.
S.D. Codified Laws § 32-33-22 — SD Code / Title 32 / Chapter 33 / Section 32-33-22
Exemptions from lien--Superior security interests
Status: in_force

The lien imposed under §§ 32-33-20 to 32-33-22 , inclusive, does not apply to vehicles which at the time of the violation are leased, loaned, or being used without the owner's permission and the lien is subordinate to a perfected security interest or lien registered on the title at the time of the violation.

Source: SL 1981, ch 250, § 3.
S.D. Codified Laws § 32-5A-5 — SD Code / Title 32 / Chapter 5A / Section 32-5A-5
Schedule of rates
Status: in_force

The per vehicle wheel rate imposed pursuant to § 32-5A-1 may be imposed according to the manufacturer's shipping weight, including accessories, and may vary according to the following schedule:

(1) Two thousand pounds or less, inclusive;

(2) From 2001 to 4000 pounds, inclusive;

(3) From 4001 to 6000 pounds, inclusive;

(4) Over 6000 pounds.

Source: SL 1994, ch 244, § 2.
S.D. Codified Laws § 32-32-2 — SD Code / Title 32 / Chapter 32 / Section 32-32-2
Marking of school bus--When markings to be concealed--Violation as petty offense
Status: in_force

Every school bus owned or operated by or for a school or school district shall bear upon the front and rear thereof plainly visible signs containing the words, school bus, in letters not less than eight inches in height. When any such vehicle is being operated upon a highway for purposes other than the actual transportation, as authorized under § 13-29-1 , either to or from school or in connection with school activities all markings thereon indicating school bus shall be covered or concealed. A violation of this section is a petty offense.

Source: SL 1963, ch 255, § 3; SL 1970, ch 175, § 33; SL 1981, ch 249, § 5; SL 1989, ch 255, § 221; SL 1989, ch 276, § 1.
S.D. Codified Laws § 32-14-9 — SD Code / Title 32 / Chapter 14 / Section 32-14-9
Conditions imposed by owner upon permissive use of private property
Status: in_force

Nothing in chapters 32-14 to 32-19 , inclusive, or in chapters 32-22 to 32-34 , inclusive, shall be construed to prevent the owner of real property used by the public for purposes of vehicular travel by permission of the owner and not as a matter of right from prohibiting such use nor from requiring other or different or additional conditions than those specified in said chapters or otherwise regulating such use as may seem best to such owner.

Source: SDC 1939, § 44.0335.
S.D. Codified Laws § 32-21-3.2 — SD Code / Title 32 / Chapter 21 / Section 32-21-3.2
Inspectors of large passenger vehicles operated by nonprofit organizations
Status: in_force

The Division of Highway Patrol may approve any person who is qualified to perform inspections of large passenger vehicles operated by a nonprofit organization as provided in § 32-21-3.1 to act as an inspector. The Department of Public Safety may promulgate rules, pursuant to chapter 1-26 , setting forth specific standards and requirements for approval of the inspectors of large passenger vehicles operated by nonprofit organizations.

Source: SL 2018, ch 194, § 2.
S.D. Codified Laws § 32-33-4 — SD Code / Title 32 / Chapter 33 / Section 32-33-4
Accidents resulting in death or injury--Reckless driving--Driving under influence--Felons
Status: in_force

Sections 32-33-2 and 32-33-3 do not apply to any person arrested and charged with an offense causing or contributing to an accident resulting in injury or death to any person, nor to any person charged with reckless driving, nor to any person charged with driving while under the influence of an alcoholic beverage or any controlled drug or substance or marijuana, nor to any person charged with a violation of subdivision 32-12-65(1) or § 32-33-13 , nor to any person who the arresting officer has good cause to believe has committed any felony. A law enforcement officer shall take such person without unnecessary delay before the nearest or most accessible magistrate.

Source: SDC 1939, § 44.0502; SL 1976, ch 203; SL 1989, ch 256, § 39; SL 1990, ch 260, § 2.
S.D. Codified Laws § 32-24-11 — SD Code / Title 32 / Chapter 24 / Section 32-24-11
Street racing--General prohibition--Penalty
Status: in_force

It is a Class 2 misdemeanor for any person to:

(1) Drive any motor vehicle on a public highway in a race, speed competition or contest, acceleration race or contest, or exhibition of speed or acceleration, or to make a speed record; or

(2) Participate in any manner in any race, competition, contest, or exhibition prohibited by subdivision (1).

Upon conviction under this section, the sentencing court may revoke the defendant's driver license or privilege to drive for a period of time not to exceed thirty days. The court may issue an order, upon proof of financial responsibility pursuant to § 32-35-43.1 , permitting the defendant to operate a motor vehicle for purposes of employment, attendance at school, or attendance at a counseling program.

Source: SL 2025, ch 129, § 2.
S.D. Codified Laws § 32-3-64 — SD Code / Title 32 / Chapter 3 / Section 32-3-64
Titling vehicles eleven years old or more with no existing record
Status: in_force

Except as provided in § 32-3-64.1, if a vehicle is eleven years old or more and no record exists for the vehicle, a person may apply for a vehicle title by submitting to the department an application for title, a valid bill of sale properly signed by the person who has the right to convey ownership which identifies the vehicle, the seller, the purchaser, and the purchase price, and an affidavit which explains the facts surrounding the applicant's acquisition of the vehicle and which indemnifies the state against liability. The department shall conduct a nationwide title search and shall check with the National Crime Information Center to ensure no record of the vehicle exists. If no record of the vehicle is found, the department shall issue a title for the vehicle to the applicant.

Source: SL 1993, ch 220; SL 2020, ch 130, § 1.
S.D. Codified Laws § 32-2-3 — SD Code / Title 32 / Chapter 2 / Section 32-2-3
Establishment of highway patrol--Employees and agents--Examinations and qualifications of employees
Status: in_force

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 suitable examinations and is subject to all of the provisions contained in this chapter and chapter 3-6D pertaining to qualifications of the employee.

Source: SDC 1939, § 44.0603; SL 1989, ch 256, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 21; SL 2018, ch 12, § 12.
S.D. Codified Laws § 32-18-13 — SD Code / Title 32 / Chapter 18 / Section 32-18-13
Parking brakes--Violation as misdemeanor
Status: in_force

Every vehicle described in § 32-18-1 and combination of vehicles, except motorcycles and motor - driven cycles, shall be equipped with parking brakes adequate to hold the vehicle on any grade on which it is operated, under all conditions of loading, on a surface free from snow, ice, or loose material. A violation of this section is a Class 2 misdemeanor.

Source: SL 1967, ch 197, § 1 (b); SL 1968, ch 178, § 2; SL 1989, ch 255, § 76.
S.D. Codified Laws § 32-30-12.1 — SD Code / Title 32 / Chapter 30 / Section 32-30-12.1
Modification by municipal ordinance of abandoned vehicle provisions
Status: in_force

The governing body of any municipality may by ordinance modify or change any provision of any of §§ 32-30-12 to 32-30-18 , inclusive, to meet its needs or to clarify the duties of its peace officers.

Source: SL 1970, ch 180, § 1.
S.D. Codified Laws § 32-22-61 — SD Code / Title 32 / Chapter 22 / Section 32-22-61
Authority to promulgate rules governing hitches used to transport farm implements from manufacturer
Status: in_force

The transportation commission, pursuant to chapter 1-26 , may promulgate rules governing hitches used to transport farm implements from the manufacturer.

Source: SL 1989, ch 271.
S.D. Codified Laws § 32-2-10 — SD Code / Title 32 / Chapter 2 / Section 32-2-10
Compensation--Longevity pay
Status: in_force

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 service up to a maximum of twenty - five years. The longevity compensation may not be affected by any other compensation and classification plan except that the secretary of public safety shall distribute the longevity compensation in the same manner and form as prescribed for other state employees in § 3-8-6 .

Source: SDC 1939 § 44.0606; SL 1939, ch 179; SL 1978, ch 221; SL 2003, ch 272, § 21; SL 2024, ch 107, § 1.
S.D. Codified Laws § 32-26-21.4 — SD Code / Title 32 / Chapter 26 / Section 32-26-21.4
Motorized foot scooter defined
Status: in_force

For the purposes of §§ 32-26-21.1 to 32-26-21.6 , inclusive, the term, motorized foot scooter, means a wheeled conveyance, with handlebars, designed to be stood or sat upon by the operator, and powered by an electric motor that is capable of propelling the device with or without human propulsion, and that has no more than two twelve inch or smaller diameter wheels and has a motor that is capable of a maximum speed of fifteen miles per hour on a flat surface with not more than one percent grade in any direction when the motor is engaged. An electric bicycle is not a motorized foot scooter.

Source: SL 2021, ch 137, § 2; SL 2022, ch 101, § 2, eff. Mar. 16, 2022.
S.D. Codified Laws § 32-3-12 — SD Code / Title 32 / Chapter 3 / Section 32-3-12
Operation or possession of vehicle without certificate as misdemeanor
Status: in_force

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.

Source: SDC 1939, § 44.9908; SL 1955, ch 184; SL 1978, ch 158, § 21; SL 1989, ch 257, § 14.
S.D. Codified Laws § 32-23-4.3 — SD Code / Title 32 / Chapter 23 / Section 32-23-4.3
Plea and election of method of trial on driving under influence--Advice as to former conviction charge
Status: in_force

The plea and election of method of trial by the accused shall be first taken only on the first part of the information described in § 32-23-4.2 but before a plea is made the accused shall be informed by the judge, in absence of the jury, of the contents of the second part. There shall be entered in the minutes of the court the time and place when and where the judge so informed the accused, and like entry thereof shall be made in the judgment.

Source: SL 1979, ch 159, § 4B; SL 2006, ch 168, § 8.
S.D. Codified Laws § 32-23-4.10 — SD Code / Title 32 / Chapter 23 / Section 32-23-4.10
Costs payable to county--Nonpayment punishable by contempt
Status: in_force

In addition to any other penalty, assessment, or fine provided by law, the court shall order any person convicted of a crime for a violation of § 32-23-1 to remit costs in the amount of fifty dollars to the clerk of courts. The clerk of courts shall forward any amount collected pursuant to this section to the county treasurer for deposit in the county general fund. Failure to remit the amount to the clerk of courts in the time specified by the court is punishable by contempt proceedings.

Source: SL 2015, ch 171, § 1.
S.D. Codified Laws § 32-6B-54 — SD Code / Title 32 / Chapter 6B / Section 32-6B-54
Burden of proof at hearing
Status: in_force

Upon a hearing conducted under the provisions of chapter 1-26 , the franchisor has the burden of proof to establish that cause exists to enter into a franchise establishing an additional dealership.

Source: SL 1986, ch 250, § 55; SL 2010, ch 156, § 10, eff. Mar. 9, 2010.
S.D. Codified Laws § 32-9-23.3 — SD Code / Title 32 / Chapter 9 / Section 32-9-23.3
Alternative permit to be secured before movement--Violation as misdemeanor
Status: in_force

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, § 37; SL 1988, ch 251, § 7; SL 1989, ch 255, § 27.
S.D. Codified Laws § 32-3-15 — SD Code / Title 32 / Chapter 3 / Section 32-3-15
Alteration or forgery of certificate--Knowing use of altered or forged certificate--Felony
Status: in_force

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 the same to have been altered or forged, is guilty of a Class 5 felony.

Source: SDC 1939, § 44.9912; SL 1965, ch 202; SL 1989, ch 257, § 17.
S.D. Codified Laws § 32-17-13 — SD Code / Title 32 / Chapter 17 / Section 32-17-13
Mounting of reflectors--Visibility--Violation as petty offense
Status: in_force

Whenever in this chapter red reflectors are required upon a vehicle, every such reflector shall be maintained at a height not greater than forty - two inches nor less than twenty - four inches above the ground upon which the vehicle stands, and every such reflector shall be so designed and maintained as to be visible at night from all distances within three hundred feet to fifty feet from such vehicle, unless a different distance is specifically required, when such reflector is directly in front of a motor vehicle displaying lawfully lighted headlamps as provided in §§ 32-17-5 and 32-17-6 . A violation of this section is a petty offense.

Source: SDC 1939, § 44.0352 (7); SL 1989, ch 255, § 47.
S.D. Codified Laws § 32-10-21 — SD Code / Title 32 / Chapter 10 / Section 32-10-21
Proportional registration of vehicles subsequently added to proportionally registered fleet
Status: in_force

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 period to the regular registration fees due with respect to such vehicle for the remainder of the registration year.

Source: SL 1961, ch 237, § 13.
S.D. Codified Laws § 32-6B-58 — SD Code / Title 32 / Chapter 6B / Section 32-6B-58
Franchisor, component manufacturer or manufacturer--Warranty agreement fulfillment--Process--Right to audit
Status: in_force

Every franchisor, component manufacturer, or manufacturer shall properly fulfill any warranty agreement and compensate, as set forth in § 32-6B-61 , each of its vehicle dealers for labor and parts. The franchisor, component manufacturer, or manufacturer shall pay all claims made by a vehicle dealer for the labor and parts within thirty days following their approval. The franchisor, component manufacturer, or manufacturer shall either approve or disapprove the claim within thirty days after its receipt. If a claim is disapproved, the vehicle dealer who submitted the claim shall be notified in writing of the claim's disapproval within the thirty-day period. Any claim rejected for technical reasons may be put into proper form by the vehicle dealer. Any claim resubmitted by the vehicle dealer within thirty days after the receipt of the claim shall be considered to be approved and payment shall be made within thirty days. The franchisor, component manufacturer, or manufacturer has the right to audit any vehicle dealer claim for a period of one year after the claim is paid to the dealer and to charge back to the new vehicle dealer the amount of any unsubstantiated claim. If there is evidence of fraud by the vehicle dealer, the audit period is two years from the actual or constructive notice of facts constituting the alleged fraud.

Source: SL 1986, ch 250, § 59; SL 1990, ch 245, § 1; SL 1995, ch 177; SL 2005, ch 161, § 1; SL 2010, ch 156, § 13, eff. Mar. 9, 2010; SL 2023, ch 100, § 4.
S.D. Codified Laws § 32-6B-5.4 — SD Code / Title 32 / Chapter 6B / Section 32-6B-5.4
Permit for dealer licensed in another state to sell older vehicles and motorcycles on consignment at public auction
Status: in_force

A person who is a licensed dealer in another state may sell a vehicle that is at least twenty years old or a motorcycle that is at least thirty years old at a public auction on consignment without a license issued under this chapter if the person meets the provisions of this section. The vehicle or motorcycle shall have a title issued in the name of the dealer by any state other than this state. Before selling any vehicle or motorcycle, the person shall register and purchase a permit from the department. Before the department may issue a permit, the person shall provide proof the person is a licensed dealer in another state and has no outstanding dealer violations. The fee for the permit is five hundred dollars. However, if the permit is purchased before the start of the auction, the fee is two hundred fifty dollars. The permit is valid for fifteen consecutive days. Any person found to be in violation of the provisions of this section shall be denied a permit for a period of fifteen months from the date of the violation.

Source: SL 2019, ch 130, § 9.
S.D. Codified Laws § 32-12-17.9 — SD Code / Title 32 / Chapter 12 / Section 32-12-17.9
Bar code on license--Information allowed
Status: in_force

Only the information listed in §§ 32-12-17.7 to 32-12-17.9 , inclusive, may be placed in a bar code or other information retrieval device on the license.

Source: SL 1998, ch 187, § 4.
S.D. Codified Laws § 32-3-23 — SD Code / Title 32 / Chapter 3 / Section 32-3-23
Application for original certificate--Contents--Supporting documents
Status: in_force

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 manufacturer's certificate of origin as provided for in this chapter, or by a proper bill of sale or sworn statement of ownership, or by a certificate of title, bill of sale, or other evidence of ownership required by the law of another state from which the motor vehicle, trailer, or semitrailer was brought into this state.

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 257, § 25.
S.D. Codified Laws § 32-27-10 — SD Code / Title 32 / Chapter 27 / Section 32-27-10
Failing to yield right-of-way to persons working on highway--Warning signals--Misdemeanor
Status: in_force

It shall be a Class 2 misdemeanor for any driver of a vehicle to fail to yield the right - of - way to persons engaged in the maintenance, survey, or construction work on any public road, highway, or highway right - of - way whenever the driver is notified of the presence of the workers by flagmen, warning signs, or signals, or any other manner of warning.

Source: SL 1965, ch 144.
S.D. Codified Laws § 32-3-69 — SD Code / Title 32 / Chapter 3 / Section 32-3-69
Possessor due to unpaid repair bill--Vesting of title--Intent to reclaim--Sale of vehicle--Excess moneys
Status: in_force

Except as provided below, title to any motor vehicle, boat as defined in § 32-3A-2 , moped, motorcycle, off-road vehicle as defined in § 32-20-1 , snowmobile as defined in § 32-20A-1 , or trailer, vests with the person to whom the unpaid repair bill is payable and who has complied with the provisions of this chapter in notifying the owner and all insurers and lien holders of their rights to reclaim the vehicle after a period of thirty days from the date on which notice was sent to the owner and all insurers and lien holders. The owner, insurer, or the lienholder may reclaim the vehicle by paying any reasonable cost of repair. A lienholder paying the cost of repair may add the cost of repair to the outstanding loan secured by the vehicle. The owner, insurer, or lien holder shall notify the department and the repair facility within thirty days of receipt of the notice of their intent to reclaim the vehicle. If the owner, insurer, or lien holder fails to claim and remove the vehicle within thirty days after mailing of the notice of intent to reclaim the vehicle, title to the vehicle is irrevocably vested in the person to whom the repair bill is payable and who has complied with the provisions of this chapter.

The vehicle must be sold at public auction pursuant to §§ 21-54-5 , 21-54-7 , and 21-54-10 , and any excess moneys above settlement of the debt must be forwarded to the prior owner, insurer, and any other party with a legal interest in the vehicle. If the owner, insurer, and any lien holder are unidentifiable or not able to be contacted, the excess moneys must be sent to the state treasurer and treated as unclaimed property pursuant to chapter 43-41B .

Source: SL 2005, ch 154, § 4; SL 2018, ch 175, § 1; SL 2026, ch 128, § 3.
S.D. Codified Laws § 32-32-12 — SD Code / Title 32 / Chapter 32 / Section 32-32-12
Stop arm signal required
Status: in_force

Any school bus purchased before September 1, 1992, may be equipped with a stop arm signal conforming to the Federal Motor Vehicle Safety Standard 131, School Bus and Pedestrian Safety Devices, 49 C.F.R. Part 571.131. Any new school bus purchased on or after September 1, 1992, shall be equipped with such a stop arm signal.

Source: SL 1983, ch 237, § 5; SL 1992, ch 230, § 4.
S.D. Codified Laws § 32-11-25 — SD Code / Title 32 / Chapter 11 / Section 32-11-25
Necessary supplies for compliance
Status: in_force

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.
S.D. Codified Laws § 32-12-1.1 — SD Code / Title 32 / Chapter 12 / Section 32-12-1.1
Lawful status defined
Status: in_force

For the purposes of this chapter, the term, lawful status, means that a person is a citizen or national of the United States or is an alien who:

(1) Is lawfully admitted for permanent or temporary residence in the United States;

(2) Has conditional permanent resident status in the United States;

(3) Has an approved application for asylum in the United States or has entered into the United States in refugee status;

(4) Has a valid nonimmigrant status in the United States;

(5) Has a pending application for asylum in the United States;

(6) Has a pending or approved application for temporary protected status (TPS) in the United States;

(7) Has approved deferred action status; or

(8) Has a pending application for lawful permanent residence (LPR) or conditional permanent resident status.

Source: SL 2009, ch 154, § 2, eff. Dec. 31, 2009.
S.D. Codified Laws § 32-10-11 — SD Code / Title 32 / Chapter 10 / Section 32-10-11
Reciprocity--Local resident with vehicles registered out of state
Status: in_force

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 place of business which it is compelled to register in the foreign jurisdiction, shall be deemed a resident of the foreign jurisdiction and a nonresident of this state within the meaning of this chapter for the purposes of enjoying the reciprocity privileges, upon complying with the terms of § 32-10-12 .

Source: SL 1961, ch 237, § 7; SL 2014, ch 139, § 15.
S.D. Codified Laws § 32-3A-36 — SD Code / Title 32 / Chapter 3A / Section 32-3A-36
Application submitted to county treasurer--Nonnegotiable title--Violation as misdemeanor
Status: in_force

Any person who is an owner of a boat who is required to apply for title or registration, or both, and whose legal residence or chief place of business is outside the state, shall submit an application, a copy of a valid title if from a title issuing state from another jurisdiction or other form of ownership acceptable to the department and payment of all applicable fees to the county treasurer. Upon receipt of such information, the county treasurer shall issue a nonnegotiable interstate title. A nonnegotiable title is not a valid legal document for any purpose or transaction except to make application for yearly South Dakota registration. The nonnegotiable title is valid as long as title ownership remains the same. Failure to apply for a title as provided by this section is a Class 2 misdemeanor.

Source: SL 1993, ch 322, § 14; SDCL 42-8-88; SL 1998, ch 74, § 21.
S.D. Codified Laws § 32-26-38 — SD Code / Title 32 / Chapter 26 / Section 32-26-38
Designation of hazardous passing zones--Signs and markings--Violation as misdemeanor
Status: in_force

The Department of Transportation may determine those portions of any highway where overtaking and passing or driving to the left of the roadway would be especially hazardous and may, by appropriate signs or markings on the roadway, indicate the beginning and end of such zones. If such signs or markings are in place and clearly visible to an ordinarily observant person, every driver of a vehicle shall obey the directions thereof. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0313 as added by SL 1967, ch 192; SL 1989, ch 255, § 175.
S.D. Codified Laws § 32-21-34 — SD Code / Title 32 / Chapter 21 / Section 32-21-34
Inspectors required to be previously approved by division--Violation as misdemeanor
Status: in_force

Any person performing an inspection under this chapter shall have been previously approved to act as an inspector by the Division of Highway Patrol. A violation of this section is a Class 2 misdemeanor.

Source: SL 2018, ch 194, § 3.
S.D. Codified Laws § 32-12A-43 — SD Code / Title 32 / Chapter 12A / Section 32-12A-43
Operation of commercial motor vehicle with any measurable or detectable amount of alcohol in system prohibited
Status: in_force

Notwithstanding any other provision of this chapter, no person may drive, operate, or be in actual physical control of a commercial motor vehicle within this state while having any measurable or detectable amount of alcohol in that person's system. A person who drives, operates, or is in actual physical control of a commercial motor vehicle within this state while having any measurable or detectable amount of alcohol in that person's system or who refuses to submit to an alcohol test under § 32-12A-46 , shall be placed out of service for twenty-four hours.

Source: SL 1989, ch 267, § 24; SDCL § 32-12-110; SL 2001, ch 171, §§ 98, 115; SL 2005, ch 167, § 24.
S.D. Codified Laws § 32-30-3.2 — SD Code / Title 32 / Chapter 30 / Section 32-30-3.2
Removal agency failing to report removal not entitled to fees
Status: in_force

If a removal agency fails to make a report as required by § 32-30-3.1 , the removal agency is not entitled to any towing or storage fees for the removed vehicle and no such towing or storage fees may be billed or collected by the removal agency.

Source: SL 2000, ch 161, § 2.
S.D. Codified Laws § 32-6B-26 — SD Code / Title 32 / Chapter 6B / Section 32-6B-26
Temporary license permit--Provision by dealer
Status: in_force

In the case of a vehicle which is sold by a licensed dealer, the dealer may provide a temporary forty-five day license permit. The permit authorizes the operation of the vehicle upon the highways of this state for a period of forty-five days after the date of sale or until the time the purchaser receives his regular license plates from the county treasurer, whichever comes first.

Source: SL 1986, ch 250, § 27; SL 1990, ch 228, § 4; SL 2015, ch 156, § 12.
S.D. Codified Laws § 32-26-17 — SD Code / Title 32 / Chapter 26 / Section 32-26-17
Right-turning vehicle required to keep right--Violation as misdemeanor
Status: in_force

Except as otherwise provided in § 32-26-20 , the driver of a vehicle intending to turn to the right at an intersection shall approach such intersection in the lane for traffic nearest to the right - hand side of the highway, and in turning shall keep as closely as practicable to the right - hand curb or edge of the highway. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0316; SL 1989, ch 255, § 154.
S.D. Codified Laws § 32-4-10 — SD Code / Title 32 / Chapter 4 / Section 32-4-10
Possessing vehicle, trailer, or part with altered or removed identification number prohibited--Violation as felony
Status: in_force

No person may knowingly buy, sell, offer for sale, receive, or have in his possession, any titled motor vehicle or trailer or component part thereof, from which the original manufacturer's vehicle identification number or serial number has been removed, defaced, altered, obscured, or destroyed unless the vehicle or component part has an identification number attached to it, assigned or approved by the Department of Revenue under the provisions of § 32-3-22 or authorized agency of another state in lieu of the manufacturer's number. A violation of this section is a Class 6 felony.

Source: SL 1983, ch 230, § 9; SL 1988, ch 239, § 1; SL 1989, ch 255, § 10; SL 2004, ch 17, § 48; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-6B-50 — SD Code / Title 32 / Chapter 6B / Section 32-6B-50
Notice of intention to enter into additional franchise for same line-make
Status: in_force

If a franchisor seeks to enter into an additional franchise of the same line-make, the franchisor shall file a notice with the department of the franchisor's intention to enter into a franchise for additional representation of the same line-make.

Source: SL 1986, ch 250, § 51; SL 2010, ch 156, § 8, eff. Mar. 9, 2010.
S.D. Codified Laws § 32-33-10 — SD Code / Title 32 / Chapter 33 / Section 32-33-10
Establishment of temporary roadblocks
Status: in_force

The duly elected or appointed law enforcement officers of this state, and their deputies, are hereby authorized to establish, in their respective jurisdictions, or in other jurisdictions within the state, temporary roadblocks on the highways of this state for the purpose of identifying drivers, and apprehending persons wanted for violation of the laws of this state, or any other state, or of the United States, who are using the highways of this state.

Source: SL 1961, ch 149, § 2.
S.D. Codified Laws § 32-35-102 — SD Code / Title 32 / Chapter 35 / Section 32-35-102
Departments orders subject to contested case provisions
Status: in_force

Any order of the Department of Public Safety under the provisions of this chapter relating to driver licensing or financial responsibility is subject to the contested case provisions in §§ 1-26-16 to 1-26-37 , inclusive. Any order of the Department of Revenue under the provisions of this chapter relating to motor vehicle registration or license plates is subject to the contested case provisions in §§ 1-26-16 to 1-26-37 , inclusive.

Source: SL 1957, ch 212, § 3; SDC Supp 1960, § 44.03A03; SL 2004, ch 17, § 182; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-35-71 — SD Code / Title 32 / Chapter 35 / Section 32-35-71
Conditions of operator's policy--Nonowned vehicles--Limits of liability
Status: in_force

An operator's policy of liability insurance referred to in § 32-35-68 shall insure the person named as insured therein against loss from the liability imposed upon him by law for damages arising out of the use by him of any motor vehicle not owned by him, within the territorial limits described in § 32-35-70 and subject to the limits of liability set forth in § 32-35-70 with respect to an owner's policy of liability insurance.

Source: SL 1957, ch 212, § 51; SDC Supp 1960, § 44.03A51 (3).
S.D. Codified Laws § 32-30-13 — SD Code / Title 32 / Chapter 30 / Section 32-30-13
Removal of abandoned vehicles
Status: in_force

Whenever any agent of the South Dakota Highway Patrol, sheriff, or peace officer of this state finds an abandoned vehicle such agent, sheriff, or peace officer is hereby authorized to provide for the removal of such vehicle to the nearest garage or place of safety.

Source: SL 1967, ch 211, § 2.
S.D. Codified Laws § 32-9-22 — SD Code / Title 32 / Chapter 9 / Section 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
Status: in_force

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, thirteen dollars;

(4) Gross weight of 8001 to 10,000 pounds, fifteen dollars;

(5) Gross weight of 10,001 to 12,000 pounds, eighteen dollars;

(6) Gross weight of 12,001 to 14,000 pounds, twenty - one dollars;

(7) Gross weight of 14,001 to 16,000 pounds, twenty - four dollars;

(8) Gross weight of 16,001 to 18,000 pounds, twenty - seven dollars;

(9) Gross weight of 18,001 to 20,000 pounds, thirty dollars;

(10) For each additional 2000 pounds or major fraction thereof in excess of 20,000 pounds, seven dollars.

A temporary permit may be issued for as many thirty - day periods as the applicant requests and pays the fee for. Proof of current registration as a motor vehicle within any jurisdiction for the current registration year shall be presented at the time of application for a temporary permit.

Source: SDC 1939, § 44.0425 as added by SL 1949, ch 171; SL 1955, ch 179; SL 1967, ch 204, § 1; SL 1977, ch 249, § 33; SL 1978, ch 224, § 6; SL 1991, ch 249; SL 1992, ch 215, § 2; SL 1993, ch 228.
S.D. Codified Laws § 32-15-37 — SD Code / Title 32 / Chapter 15 / Section 32-15-37
Counterfeit airbags--Definitions
Status: in_force

Terms used in §§ 32-15-37 to 32-15-39 , inclusive, mean:

(1) "Airbag," a motor vehicle inflatable occupant restraint system device that is part of a supplemental restraint system;

(2) "Counterfeit supplemental restraint system component," a replacement supplemental restraint system component, including an airbag, that displays a mark identical to, or substantially similar to, the genuine mark of a motor vehicle manufacturer or a supplier of parts to the manufacturer of a motor vehicle without authorization from that manufacturer or supplier, respectively;

(3) “Nonfunctional airbag,” a replacement airbag that meets any of the following criteria:

(a) The airbag was previously deployed or damaged;

(b) The airbag has an electric fault that is detected by the motor vehicle airbag diagnostic system when the installation procedure is completed, and the motor vehicle is returned to the customer who requested the work performed or when ownership is intended to be transferred;

(c) The airbag includes a part or object, including a supplemental restraint system component, that is installed in a motor vehicle to mislead the owner or operator of the motor vehicle into believing that a functional airbag has been installed; or

(d) The airbag is subject to the prohibitions of 49 U.S.C. § 30120(j) as of November 15, 2021;

(4) “Supplemental Restraint System,” one or more airbags and all components required to ensure that an airbag works as designed by the vehicle manufacturer and the airbags:

(a) Operate as designed in the event of a crash; and

(b) Are designed to meet federal motor vehicle safety standards for the specific make, model, and year of the motor vehicle in which it is or will be installed.

Source: SL 2023, ch 105, § 1.
S.D. Codified Laws § 32-12A-66 — SD Code / Title 32 / Chapter 12A / Section 32-12A-66
Refresher course and examination for commercial driver license test examiner certification
Status: in_force

Each state and third-party test examiner shall successfully complete a refresher course and examination every four years to maintain the examiner's commercial driver license test examiner certification. The refresher training course shall cover at least the following:

(1) For a commercial driver license knowledge test examiner:

(a) Introduction to CDL licensing system;

(b) Overview of the CDL tests; and

(c) Knowledge tests;

(2) For a commercial driver license skills test examiner:

(a) Introduction to CDL licensing system;

(b) Overview of the CDL tests;

(c) Vehicle inspection test;

(d) Basic control skills testing; and

(e) Road test; and

(3) The refresher training for each examiner shall include any state-specific material and information related to administering CDL knowledge and skills tests, and any new federal CDL regulation, any update to administering the tests, and new safety related equipment on a vehicle.

The skills testing certification of any examiner who does not conduct skills test examinations of at least ten different applicants per calendar year shall be revoked, unless the examiner either takes the refresher training or has a state examiner ride along to observe the third-party examiner successfully administer at least one skills test.

Source: SL 2015, ch 168, § 54.
S.D. Codified Laws § 32-17-23 — SD Code / Title 32 / Chapter 17 / Section 32-17-23
Special lights for vehicles operated by persons with disabilities--Violation as petty offense
Status: in_force

Any vehicle owned and operated by a person authorized by the Department of Public Safety to display a special handicapped license plate may be equipped with not to exceed two flashing lights which shall emit an amber light without glare. One such lamp may be mounted on the front and one may be mounted on the rear of such vehicle, not more than three inches from each license plate. Such lamp may be used only when such vehicle is operated by the owner thereof, when such vehicle is stopped, and when the owner - operator of the vehicle is in need of assistance. A violation of this section is a petty offense.

Source: SDC 1939, § 44.0352 as added by SL 1966, ch 134, § 2; SL 1989, ch 255, § 52; SL 2003, ch 272, § 23.
S.D. Codified Laws § 32-12-43.1 — SD Code / Title 32 / Chapter 12 / Section 32-12-43.1
Application by mail or electronically for replacement or renewal
Status: in_force

Any person who holds a valid South Dakota operator's license, motorcycle operator's license, or nondriver identification card that meets the requirements of this chapter and 6 C.F.R. Part 37, as amended to January 1, 2015, may apply by mail or electronically for a replacement or updated license or identification card and a renewal once in any ten year period if:

(1) The applicant is a citizen or national of the United States or is an alien who has permanent resident status;

(2) The applicant has not had a material change in any personally identifiable information as defined in § 32-12-1 . A change of address of principal residence does not constitute a material change;

(3) The applicant is not applying for reinstatement after a revocation, disqualification, or cancellation;

(4) The applicant submits two forms of proof of current address;

(5) In case of a renewal application only, the applicant submits a vision statement signed by a licensed optometrist or ophthalmologist that supplies proof that the applicant has adequate eyesight, if the applicant is sixty-five years of age or older at the time of renewal; and

(6) The applicant has complied with all other provisions of this chapter and is eligible for renewal by mail or electronic renewal as determined by the Department of Public Safety.

Source: SL 2013, ch 143, § 2; SL 2014, ch 148, § 2; SL 2017, ch 134, § 1; SL 2018, ch 190, § 4.
S.D. Codified Laws § 32-28-9 — SD Code / Title 32 / Chapter 28 / Section 32-28-9
Signals at railway grade crossings
Status: in_force

Sections 32-28-7 and 32-28-8 shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossings shall be governed by the rules as set forth in § 32-29-4 .

Source: SL 1963, ch 274, § 3 (2) (b); SL 1970, ch 175, § 40.
S.D. Codified Laws § 32-32-17 — SD Code / Title 32 / Chapter 32 / Section 32-32-17
External video system--Recordings discoverable, admissible--System installation
Status: in_force

If any school bus, as defined in § 32-32-1 , is transporting students enrolled in a school district in this state and is equipped with an external video system capable of recording traffic activity around the bus, any recording from that video system is discoverable and may be entered into evidence in any civil or criminal action.

No district or bus company is required to install an external video system under § 32-32-6 or this section.

Source: SL 2025, ch 131, § 2.
S.D. Codified Laws § 32-23-4.8 — SD Code / Title 32 / Chapter 23 / Section 32-23-4.8
Convictions under §22-18-36or22-16-41included in calculation of number of offenses
Status: in_force

For purposes of determining whether a conviction for a violation of § 32-23-1 is for a second or subsequent offense, any conviction for a violation of § 22-18-36 or 22-16-41 counts as a conviction of § 32-23-1 .

Source: SL 2010, ch 165, § 3.
S.D. Codified Laws § 32-5-90 — SD Code / Title 32 / Chapter 5 / Section 32-5-90
Registration--Contents--Registration number
Status: in_force

The department shall furnish with each number plate for motorcycles and snowmobiles and with each pair of number plates or number stickers for passenger vehicles, trailers, or semitrailers, a registration, which shall contain the following data: the name of the registered owner of the motorcycle, snowmobile, motor vehicle, trailer, or semitrailer, the owner's post office address, the make of the vehicle, the year of model, the model or letter designated by the manufacturer, manufacturer's serial number, if any, the registration or license number, and date of issue of the registration. The registration shall contain the registration number denoted on the number plate or plates on which the registration is issued.

Source: SDC 1939, § 44.0204; SL 1953, ch 227, § 1; SL 1965, ch 186, § 5; SL 1971, ch 182, § 17; SL 1975, ch 198, § 4; SL 1989, ch 257, § 90; SL 2020, ch 136, § 1.
S.D. Codified Laws § 32-12-68 — SD Code / Title 32 / Chapter 12 / Section 32-12-68
Failure to surrender suspended, revoked or canceled operator's license--Fee and mileage due officer for securing possession--Violation as misdemeanor
Status: in_force

It is a Class 1 misdemeanor for a person to fail or refuse to surrender to the Department of Public Safety upon its lawful demand a driver license that has been suspended, revoked, or canceled. If a person fails to return the license to the secretary of the Department of Public Safety after lawful demand, the secretary may direct any law enforcement officer to secure its possession and return it to the secretary. The law enforcement officer shall receive ten dollars and fifty cents plus mileage at the rate set pursuant to § 3-9-1 to be paid by the person from whom the license was obtained to be collected when the person submits an application for a license. Failure to pay the fee and mileage is a Class 2 misdemeanor.

Source: SL 1959, ch 261, § 27; SDC Supp 1960, § 44.9948 (4); SL 1975, ch 201, § 1; SL 1982, ch 239; SL 1982, ch 240; SL 1984, ch 161, § 5; SL 2001, ch 171, § 62; SL 2003, ch 272, § 23; SL 2024, ch 20, § 13.
S.D. Codified Laws § 32-1-9 — SD Code / Title 32 / Chapter 1 / Section 32-1-9
Motor vehicle technology fee--Deposit
Status: in_force

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 section must be deposited into the motor vehicle fund.

Source: SL 2025, ch 114, § 1.
S.D. Codified Laws § 32-5-27 — SD Code / Title 32 / Chapter 5 / Section 32-5-27
Used out-of-state motor vehicles--Sale or resale--Title, taxes, and license--Exemptions--Penalty
Status: in_force

Any person, except a licensed vehicle dealer, which brings into the state or purchases any used or secondhand out-of-state motor vehicle that is not currently licensed in this state for the purpose of sale or resale, except a vehicle receiving a junking certificate, a motor vehicle with a gross vehicle weight rating of over twenty-six thousand pounds, or a semitrailer with a manufacturer's shipping weight of nine thousand pounds or more, shall, within forty-five days from the date of purchase or entry of the motor vehicle into the limits of this state, title the motor vehicle pursuant to chapter 32-3 and pay the excise tax pursuant to chapter 32-5B , provided that the person is not required to license the vehicle. Any licensed motor vehicle dealer titling a motor vehicle pursuant to this section is exempt from paying the excise tax imposed by § 32-5B-1 on the vehicle. The department shall issue a title for a vehicle titled by a licensed motor vehicle dealer pursuant to this section, which indicates that no excise tax has been paid. Upon transfer of the title to a subsequent purchaser of the motor vehicle, the excise tax must be paid by the purchaser or by any other person as defined in § 2-14-2 , on behalf of and as the agent for the purchaser. A violation of this section is a Class 2 misdemeanor.

The provisions of this section do not apply to any motor vehicle titled and licensed in another jurisdiction, which is sold in this state through a dealer's car auction agency licensed under the provisions of chapter 32-6B .

Source: SL 1939, ch 180, § 1; SL 1957, ch 232; SDC Supp 1960, § 44.0701; SL 1961, ch 238; SL 1983, ch 231, § 2; SL 1984, ch 219, § 1; SL 1985, ch 238, § 10; SL 1988, ch 238, § 10; SL 1988, ch 241, § 1; SL 1990, ch 234, § 1; SL 1990, ch 241, § 2; SL 1992, ch 208, § 2; SL 1994, ch 242; SL 2000, ch 141, § 1; SL 2005, ch 157, § 1; SL 2014, ch 139, § 3; SL 2015, ch 156, § 11; SL 2020, ch 129, § 2; SL 2026, ch 19, § 10.
S.D. Codified Laws § 32-5-158.2 — SD Code / Title 32 / Chapter 5 / Section 32-5-158.2
Application for military specialty plate--Vehicle registered to business--No additional liability
Status: in_force

A business owner and a veteran, as defined in § 33A-2-1 , who is listed as an additional owner on the title and registration of a vehicle registered to the veteran's business, pursuant to § 32-5-158.1 , does not assume any additional liability resulting from the ownership of military special plates.

Source: SL 2026, ch 131, § 2.
S.D. Codified Laws § 32-32-9 — SD Code / Title 32 / Chapter 32 / Section 32-32-9
Civil penalty against vehicle failing to stop for school bus
Status: in_force

Any motor vehicle which is used in a violation of § 32-32-6 in circumstances where the driver of the vehicle is unknown shall be subject to a civil penalty of two hundred fifty dollars.

Source: SL 1979, ch 228, § 1.
S.D. Codified Laws § 32-7B-30 — SD Code / Title 32 / Chapter 7B / Section 32-7B-30
Temporary location--Time limit--Zoning and building requirements
Status: in_force

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 fairs, shopping center sales, or boat shows. A temporary boat show lot shall meet all local zoning and building codes for the type of business being conducted.

Source: SL 1998, ch 185, § 30.
S.D. Codified Laws § 32-35-119 — SD Code / Title 32 / Chapter 35 / Section 32-35-119
Written evidence of insurance--Electronic copy as written evidence
Status: in_force

With respect to persons asserting financial responsibility by means of a certificate of insurance, written evidence, for the purposes of § 32-35-117 , is a copy of the insurance policy or bond or an identification card with the insurance policy number, name of insurer, the effective date of coverage, and the date of expiration or written confirmation from the insurer that the person was insured at the time of citation. For purposes of this section, an electronic copy of financial responsibility is written evidence if it meets the requirements of this section and is issued as an official electronic document by the insurer.

Source: SL 1986, ch 269, § 7; SL 2014, ch 156, § 1.
S.D. Codified Laws § 32-26-9 — SD Code / Title 32 / Chapter 26 / Section 32-26-9
Highways divided by physical barrier--Use of right-hand roadway--Crossing barrier prohibited--Violation as misdemeanor
Status: in_force

If any highway has been divided into two roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right - hand roadway and no vehicle may be driven over, across, or within any such dividing space, barrier, or section, except through an opening in such physical barrier or dividing section or at a crossover or intersection established by public authority. A violation of this section is a Class 2 misdemeanor.

Source: SL 1961, ch 150, § 2; SL 1989, ch 255, § 148.
S.D. Codified Laws § 32-5-94 — SD Code / Title 32 / Chapter 5 / Section 32-5-94
Application and registration of vehicle--Manner to facilitate retrieval
Status: in_force

On receipt of any application, the secretary shall denote the same in his office and register the motor vehicle in a manner whereby retrieval of the data can be made at any time.

Source: SDC 1939, § 44.0105; SL 1943, ch 156, § 1; SL 1949, ch 162, § 1; SL 1955, ch 155; SL 1989, ch 257, § 96.
S.D. Codified Laws § 32-5-107 — SD Code / Title 32 / Chapter 5 / Section 32-5-107
Temporary permit for person in possession of title or bill of sale--Inspection of title or bill of sale--Fee--Application--Exclusion
Status: in_force

A person, in possession of either a title in his name or assigned to him or a bill of sale which lists him as the purchaser of the vehicle, may procure from any county treasurer a temporary permit that allows movement of the motor vehicle on the highways of this state. The title or bill of sale shall be available for inspection by any peace officer if the vehicle is being moved. Mobile homes, manufactured housing units, and over-dimensional motor vehicles do not qualify for this permit to use the state's highways. The permit may be purchased for any period of from five to fifteen consecutive days at a fee of one dollar per day for each day the permit is requested. The minimum permit fee is five dollars. The fee is payable to the county treasurer at the time of purchase. All permit fees shall be forwarded monthly by the county treasurer to the department. The secretary shall credit the fee to the state license plate special revenue fund for distribution under § 32-11-33 . Only one permit may be issued yearly per motor vehicle.

No permit may be issued pursuant to this section for the temporary use of an off-road vehicle on the public highways of this state.

Source: SL 1968, ch 168; SL 1977, ch 251; SL 1984, ch 30, § 43; SL 1989, ch 257, § 104; SL 1989, ch 259, § 2; SL 1991, ch 242, § 1; SL 2004, ch 17, § 58; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2023, ch 99, § 1.
S.D. Codified Laws § 32-3A-43 — SD Code / Title 32 / Chapter 3A / Section 32-3A-43
Alteration or forgery of title as a felony
Status: in_force

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 the same to have been altered or forged, is guilty of a Class 6 felony.

Source: SL 1993, ch 322, § 24; SDCL 42-8-95.
S.D. Codified Laws § 32-12-47 — SD Code / Title 32 / Chapter 12 / Section 32-12-47
Duration for which license may be suspended--Exceptions
Status: in_force

The Department of Public Safety may not suspend, under this chapter, a driver license or privilege to drive a motor vehicle on the public highways for a period of more than one year, except as permitted under § 32-12-66 , subdivisions 32-12-49(6) and (7), or as provided in chapter 32-35 .

Source: SL 1959, ch 261, § 23; SDC Supp 1960, § 44.03B23 (1); SL 1963, ch 270; SL 1979, ch 218, § 2; SL 1985, ch 253, § 2; SL 2001, ch 171, § 43; SL 2003, ch 272, § 23.
S.D. Codified Laws § 32-12A-5 — SD Code / Title 32 / Chapter 12A / Section 32-12A-5
Information required by employer--Operation of commercial motor vehicle prohibited under certain conditions
Status: in_force

Each employer shall require the applicant to provide the information specified in § 32-12A-4 . No employer may knowingly allow a driver to operate a commercial motor vehicle:

(1) During any period in which the driver has had an operator's license suspended, revoked, or cancelled by any state, has lost the right to operate a commercial motor vehicle in any state, is currently disqualified from driving a commercial vehicle, or subject to an out-of-service order in any state;

(2) During any period in which the driver has more than one operator's license;

(3) During any period in which the employee, or the motor vehicle the employee is driving, or the motor carrier operation, is subject to an out-of-service order;

(4) In violation of any federal, state, or local law or regulation pertaining to railroad-highway grade crossings;

(5) If the driver does not have a current commercial learner's permit or commercial driver license;

(6) If the driver does not have a current commercial learner's permit or commercial driver license with the proper class or endorsement; or

(7) The driver is operating a commercial motor vehicle in violation of a restriction on the driver's commercial learner's permit or commercial driver license.

Source: SL 1989, ch 267, § 4; SL 1996, ch 201, § 8; SDCL § 32-12-81; SL 2001, ch 171, §§ 75, 115; SL 2002, ch 156, § 5; SL 2015, ch 168, § 4.
S.D. Codified Laws § 32-22-8.4 — SD Code / Title 32 / Chapter 22 / Section 32-22-8.4
Length limitations on stinger-steered automobile transports
Status: in_force

Notwithstanding the length restrictions in § 32-22-8.1 , a stinger-steered automobile transport may not extend more than four feet beyond the front bumper, bed, or body of the vehicle or six feet beyond the rear bumper, bed, or body of the vehicle.

Source: SL 2017, ch 142, § 2.
S.D. Codified Laws § 32-14-15.1 — SD Code / Title 32 / Chapter 14 / Section 32-14-15.1
Golf cart--Limited operation on highway
Status: in_force

Any person may operate a golf cart on a state or county highway if the posted speed limit is twenty-five miles per hour or less. Nothing in this section relieves golf cart operators of any statutory requirements associated with motor vehicle operation within this state.

Source: SL 2023, ch 104, § 2.
S.D. Codified Laws § 32-30-18.1 — SD Code / Title 32 / Chapter 30 / Section 32-30-18.1
Owners of certain abandoned vehicles civilly liable for towing and storage expenses
Status: in_force

Any owner of a motor vehicle who intentionally abandons a motor vehicle on any public highway or right-of-way is civilly liable to the removal agency for the expense of towing the motor vehicle. The owner is also civilly liable for any storage expense pursuant to § 32-36-8 .

Source: SL 2003, ch 174, § 1; SL 2018, ch 196, § 2.
S.D. Codified Laws § 32-33-20 — SD Code / Title 32 / Chapter 33 / Section 32-33-20
Unknown driver fleeing from police--Vehicle subject to civil penalty
Status: in_force

If the driver of a motor vehicle used in violation of § 32-33-18 is unknown, the vehicle is subject to a civil penalty of seven hundred dollars.

Source: SL 1981, ch 250, § 1; SL 2019, ch 138, § 1.
S.D. Codified Laws § 32-5-173 — SD Code / Title 32 / Chapter 5 / Section 32-5-173
Duplicate emblem specialty plates upon loss, mutilation, or destruction
Status: in_force

If any emblem specialty plate is lost, mutilated, or destroyed, the owner of the registered vehicle may obtain a duplicate upon filing an affidavit showing such facts and after paying a ten dollar fee to the department. The fee shall be credited to the license plate revolving fund.

Source: SL 2014, ch 143, § 7.
S.D. Codified Laws § 32-7B-21 — SD Code / Title 32 / Chapter 7B / Section 32-7B-21
Principal place of business defined
Status: in_force

For purposes of this chapter, the term, principal place of business, means an enclosed commercial structure located within the State of South Dakota, easily accessible and open to the public at all reasonable times, with an improved display area immediately adjoining the building that is large enough to display five or more boats of the type the dealer is licensed to sell. It is the location at which the business of a vehicle dealer may be lawfully carried on in accordance with all applicable building codes, zoning, and other land use ordinances and in which building the public may contact the vehicle dealer or the dealer's salesperson. It is the location where the books, records, and files necessary to conduct the business of the boat dealer are kept and maintained. In no event may rooms in a hotel, motel, apartment house, or any part of any single or multiple unit dwelling house be considered a principal place of business unless the entire ground floor of such facility is devoted principally to and occupied for commercial purposes. Any dealer licensed under this chapter shall maintain and continuously occupy a principal place of business.

Source: SL 1998, ch 185, § 21.
S.D. Codified Laws § 32-32-7 — SD Code / Title 32 / Chapter 32 / Section 32-32-7
Highways with separate roadways--Buses stopped in loading zones
Status: in_force

The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a vehicle used and designated as a school bus which is on a different roadway or when upon a limited or controlled - access highway and the school bus is stopped in a loading zone which is a part of or adjacent to such highway or where pedestrians are not permitted to cross the roadway.

Source: SL 1963, ch 255, § 4; SL 1989, ch 255, § 220.
S.D. Codified Laws § 32-22-29 — SD Code / Title 32 / Chapter 22 / Section 32-22-29
Track vehicles excepted
Status: in_force

The provisions of §§ 32-22-27 and 32-22-28 shall not apply to traction engines or tractors, the propulsive power of which is asserted, not through wheels resting upon the ground but by means of a flexible band or chain generally known as a movable track when the portions of the movable tracks in contact with the surface of the highway present a plane surface.

Source: SDC 1939, § 44.0336 (6) (e) as added by SL 1943, ch 158, § 2; SL 1947, ch 192; SL 1953, ch 234; SL 1957, ch 223, § 2; SL 1959, ch 260, § 2.
S.D. Codified Laws § 32-5-150 — SD Code / Title 32 / Chapter 5 / Section 32-5-150
Misrepresentation by requesting person as misdemeanor--Use of personal information to commit crime of violence as felony
Status: in_force

Any person who requests disclosure of personal information from department records and who misrepresents his or her identity or knowingly makes a false statement to the department on any application required to be submitted pursuant to §§ 32-5-143 to 32-5-151 , inclusive, is guilty of a Class 1 misdemeanor. However, if any person uses the personal information obtained pursuant to §§ 32-5-143 to 32-5-151 , inclusive, to commit a crime of violence as defined in § 22-1-2 , the person is guilty of a Class 5 felony.

Source: SL 2001, ch 165, § 8.
S.D. Codified Laws § 32-6B-71 — SD Code / Title 32 / Chapter 6B / Section 32-6B-71
Vehicle dealership--Death of owner--Succession of interest
Status: in_force

The owner of a vehicle dealership may appoint by trust, will, or any other valid written instrument a successor to the owner's dealership interest upon the owner's death or incapacity. Unless the franchisor has good cause to refuse to honor the succession, the successor may succeed to the ownership of the dealership under the existing franchise if:

(1) Within ninety days of the owner's death or incapacity, the successor gives written notice of the successor's intent to succeed to ownership of the dealership; and

(2) The successor agrees to be bound by all the terms and conditions of the franchise agreement with the prior owner.

Upon request, the successor shall promptly provide the franchisor evidence of the successorship appointment, as well as personal and financial information reasonably necessary to determine whether the succession should be honored by the franchisor.

Source: SL 1998, ch 182, § 1.
S.D. Codified Laws § 32-26-11 — SD Code / Title 32 / Chapter 26 / Section 32-26-11
Prohibition of pedestrians and nonmotorized traffic or motorcycles on controlled-access highway--Maintenance of signs--Violation as misdemeanor
Status: in_force

The transportation commission may, by rule adopted pursuant to chapter 1-26 , and local authorities may by ordinance, with respect to any controlled - access roadway under their respective jurisdictions, prohibit the use of any such roadway by pedestrians, bicycles, or other nonmotorized traffic or by any person operating a motor - driven cycle.

The Department of Transportation or the local authority adopting any such prohibitory regulation shall erect and maintain official signs on the controlled - access roadway on which such regulations are applicable. If so erected no person may disobey the restrictions stated on such signs. The violation for failure to obey a regulatory sign under this section is a Class 2 misdemeanor.

Source: SL 1961, ch 150, § 3; SL 1987, ch 210, § 35; SL 1989, ch 255, §§ 163, 182.
S.D. Codified Laws § 32-31-4 — SD Code / Title 32 / Chapter 31 / Section 32-31-4
Speed limits inapplicable--Conditions
Status: in_force

The speed limits set forth in §§ 32-25-1.1 to 32-25-17 , inclusive, do not apply to any authorized emergency vehicle responding to an emergency call if the driver sounds an audible siren or air horn, or both, or displays flashing, oscillating, or rotating beams of red light, or combinations of red, blue, or white light, visible one hundred eighty degrees to the front of the vehicle. The lights must be capable of warning the public of the presence of an emergency vehicle under normal atmospheric conditions.

The speed limits set forth in §§ 32-25-1.1 to 32-25-17 , inclusive, do not apply to authorized emergency vehicles operated by law enforcement officers who are measuring the speed of other vehicles by use of the emergency vehicle speedometer.

An ambulance operator who meets the requirements of § 34-11-12.3 may operate an ambulance in excess of the speed limit without audible signals while operating outside the city limits of a municipality.

Source: SDC 1939, § 44.0308; SL 1941, ch 187, § 3; SL 1955, ch 168; SL 1959, ch 251, § 1; SDC Supp 1960, § 44.0303; SL 1963, ch 254; SL 1975, ch 210, § 1; SL 1981, ch 248; SL 1988, ch 266; SL 1993, ch 234, § 2; SL 1994, ch 265; SL 2007, ch 186, § 2; SL 2024, ch 126, § 1; SL 2025, ch 128, § 2; SL 2026, ch 136, § 2.
S.D. Codified Laws § 32-6B-69 — SD Code / Title 32 / Chapter 6B / Section 32-6B-69
Franchise agreement--Change of terms--Dealer rights
Status: in_force

No franchisor may modify a franchise during the terms of the franchise or upon its renewal if the modification would substantially and adversely affect the vehicle dealer's rights, obligations, investment, or return on investment without giving at least sixty days notice of the proposed modification to the vehicle dealer unless the change is required by law. Within the sixty-day period, the vehicle dealer may file an objection requesting a determination of whether good cause exists for permitting the proposed modification with the Department of Revenue and serve notice on the franchisor. The department shall promptly schedule a hearing to be held under the provisions of chapter 1-26 and decide the matter within ninety days from the date the protest is filed. Multiple protests pertaining to the same proposed modification shall be consolidated for hearing. No proposed modification may take effect with respect to the protesting vehicle dealer's franchise pending the determination of the matter. The written notice shall contain on the first page thereof a conspicuous statement which reads substantially as follows: "NOTICE TO DEALER: YOU MAY BE ENTITLED TO FILE A PROTEST WITH THE SOUTH DAKOTA DEPARTMENT OF REVENUE IN PIERRE, SOUTH DAKOTA, AND HAVE A HEARING IN WHICH YOU MAY PROTEST THE PROPOSED MODIFICATION OR REPLACEMENT OF YOUR FRANCHISE WITH A SUCCEEDING FRANCHISE UNDER THE TERMS OF SOUTH DAKOTA LAW IF YOU OPPOSE THIS ACTION."

This section does not apply to franchise agreements involving travel trailers or motor homes.

Source: SL 1998, ch 180, § 1; SL 2004, ch 17, § 92; SL 2005, ch 161, § 2; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-30-6.3 — SD Code / Title 32 / Chapter 30 / Section 32-30-6.3
Unauthorized movement of another vehicle into prohibited area--Violation as petty offense
Status: in_force

No person may move a vehicle not lawfully under his control into any such prohibited area or away from a curb such a distance as is unlawful. A violation of this section is a petty offense.

Source: SL 1970, ch 175, § 31, § 3; SL 1989, ch 255, § 212.
S.D. Codified Laws § 32-3-51.22 — SD Code / Title 32 / Chapter 3 / Section 32-3-51.22
Recovered stolen vehicles--Inspection--Title--Salvage vehicle
Status: in_force

If a stolen vehicle is recovered, the insurer or self insurer shall, within forty-five days of recovery, inspect the vehicle and apply for a title.

If the vehicle has no damage or the damage is less than that defined in § 32-3-51.19 , the insurer or self insurer shall surrender the existing salvage title to the department. The department shall promptly issue a title marked as a recovered theft with no salvage notation.

However, if the condition of the vehicle is such that it would have been determined a salvage vehicle as defined in § 32-3-51.19 due to the damage to the vehicle, the salvage title is retained and the insurer or self insurer is not required to apply for a title pursuant to this section.

Source: SL 2010, ch 150, § 2; SL 2015, ch 157, § 11; SL 2016, ch 154, § 7.
S.D. Codified Laws § 32-18-26 — SD Code / Title 32 / Chapter 18 / Section 32-18-26
Maintenance and adjustment of brakes--Violation as misdemeanor
Status: in_force

All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0346; SL 1967, ch 197, § 3; SL 1989, ch 255, § 85.
S.D. Codified Laws § 32-12A-69 — SD Code / Title 32 / Chapter 12A / Section 32-12A-69
Downgrade of license upon violation
Status: in_force

The department must, upon receiving notification pursuant to 49 C.F.R. § 383.73 (September 29, 2022), that a commercial learner’s permit holder or a commercial driver license holder is prohibited from operating a commercial motor vehicle, downgrade the commercial learner’s permit or commercial driver license to a non-commercial motor vehicle operator's license. The downgrade must be completed and recorded on the commercial driver license information system within sixty days of the department's receipt of the notification.

For purposes of §§ 32-12A-69 to 32-12A-72 , inclusive, the term "downgrade" means the department's removal of the commercial learner’s permit or commercial driver license privilege from the driver's license, as set forth in 49 C.F.R. § 383.5 (June 1, 1987).

Source: SL 2024, ch 117, § 1.
S.D. Codified Laws § 32-12-60 — SD Code / Title 32 / Chapter 12 / Section 32-12-60
Records kept by department
Status: in_force

The Department of Public Safety shall maintain each application for a driver license and nondriver identification card received and shall record the following:

(1) Each application denied and the reason for the denial;

(2) Each application granted; and

(3) The name of each licensee whose driver license or driving privilege has been suspended or revoked by the department and after each name note the reasons for the action.

Source: SL 1959, ch 261, § 15; SDC Supp 1960, § 44.03B15 (1); SL 1989, ch 265, § 26; SL 2001, ch 171, § 58; SL 2003, ch 272, § 23.
S.D. Codified Laws § 32-26-39 — SD Code / Title 32 / Chapter 26 / Section 32-26-39
Designation of no-passing zones--Pavement striping marking no-passing zone--Violation as misdemeanor
Status: in_force

Where signs or markings are in place to define a no - passing zone as set forth in § 32-26-38 , no driver may, at any time, drive on the left side of the roadway within such no - passing zone or on the left side of any pavement striping designated to mark such no - passing zone throughout its length. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0313 as added by SL 1967, ch 192; SL 1989, ch 255, § 176.
S.D. Codified Laws § 32-11-2 — SD Code / Title 32 / Chapter 11 / Section 32-11-2
Use of funds by board of county commissioners--Purchase of road-building equipment--Percentage limitation
Status: in_force

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 equipment for dragging, grading, and maintaining highways, such as graders, tractors, drags, maintainers, and planers may be purchased from such county road and bridge fund.

Source: SDC 1939, § 44.0118 as added by SL 1939, ch 170; SL 1949, ch 163, § 2; SL 1977, ch 249, § 57; SL 1992, ch 60, § 2; SL 1999, ch 149, § 3; SL 2000, ch 154, § 1.
S.D. Codified Laws § 32-24-5 — SD Code / Title 32 / Chapter 24 / Section 32-24-5
Prosecution for reckless driving--Plea and trial method taken first on charge of principal offense--Notice to accused of charge of former conviction or convictions
Status: in_force

The plea and election of method of trial by the accused shall be first taken only on the first part of the information described in § 32-24-4 but before a plea is made the accused shall be informed by the judge, in absence of the jury, of the contents of his second part. There shall be entered in the minutes of the court the time and place when and where the judge so informed the accused, and like entry thereof shall be made in the judgment.

Source: SL 1982, ch 249, § 3.
S.D. Codified Laws § 32-17-12 — SD Code / Title 32 / Chapter 17 / Section 32-17-12
Rear reflector required--Mounting and construction of rear reflector--Visibility--Violation as petty offense
Status: in_force

Every new motor vehicle, trailer, or semitrailer hereafter sold and every commercial vehicle hereafter operated on a highway shall also carry at the rear, either as a part of the rear lamp or separately, a red reflector located at the extreme rear of the vehicle at a height not to exceed sixty inches above the ground upon which the vehicle stands, which reflector is so designed and maintained as to be visible at night from all distances within three hundred feet to fifty feet, except that on a commercial vehicle the reflector shall be visible from all distances within five hundred feet to fifty feet, when directly in front of a motor vehicle displaying lawfully lighted headlamps as provided in §§ 32-17-5 and 32-17-6 . A violation of this section is a petty offense.

Source: SDC 1939, § 44.0352 (6); SL 1961, ch 231; SL 1989, ch 255, § 46.
S.D. Codified Laws § 32-3A-60 — SD Code / Title 32 / Chapter 3A / Section 32-3A-60
Deposit of revenues
Status: in_force

Unless otherwise provided by the provisions of this chapter, all revenues received pursuant to this chapter shall be deposited in the state general fund.

Source: SL 1993, ch 102, § 12; SDCL 10-60-11; SL 2025, ch 117, § 3.
S.D. Codified Laws § 32-6C-6.1 — SD Code / Title 32 / Chapter 6C / Section 32-6C-6.1
Offer to sell, sale, or exchange of snowmobile without certificate of title allowed under specified circumstances
Status: in_force

A dealer may offer for sale, sell, or exchange a snowmobile 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 snowmobile to include the satisfaction of any outstanding liens or encumbrances and a secured power of attorney;

(2) If the snowmobile is encumbered by a lien noted on the title, the dealer shows that payment has been tendered to the lienholder for the amount of the lien, except a lien that is the result of dealer inventory financing; or

(3) If the dealer is required by law to obtain title prior to offering the snowmobile for sale and the dealer has applied for title through the electronic on-line title system and has submitted the documents to the department.

This section does not relieve a dealer from the provisions of § 32-3-7 .

Source: SL 2005, ch 159, § 7.
S.D. Codified Laws § 32-7B-6 — SD Code / Title 32 / Chapter 7B / Section 32-7B-6
Bond required--Amount--Term--Continuation certificate--Notification of payment or cancellation--Additional bond
Status: in_force

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 dealer licenses, one bond may cover all dealer licenses. The bond shall be of the amount to cover bonding requirements under each license. The bond shall be to the department and in favor of any customer who suffers any loss that may be occasioned by reason of the failure of title or by reason of any fraudulent misrepresentation or breach of warranty as to freedom from liens. The bond shall be for the license period, and a new bond or a proper continuation certificate shall be delivered to the department prior to the bond's expiration. Any surety company that pays a claim against the bond of a licensee shall notify the department, in writing, that it has paid such a claim and shall state the reason and the amount of the claim. Any surety company that cancels the bond of a licensee shall notify the department, in writing, of the cancellation, giving the reason for that cancellation. If a claim is made to the department against the bond, which claim is based upon a final judgment of a court of record of this state, the dealer shall execute an additional bond for the amount necessary to maintain such security at the original level.

Source: SL 1998, ch 185, § 6; SL 2004, ch 207, § 3.
S.D. Codified Laws § 32-3A-17 — SD Code / Title 32 / Chapter 3A / Section 32-3A-17
Inspection by law enforcement officer
Status: in_force

Any law enforcement officer of this state or its subdivisions may enforce the provisions of this chapter and in the exercise thereof has the authority to stop and board any boat subject to this chapter.

Source: SL 1959, ch 125, § 4; SDC Supp 1960, § 25.1404 (12); SL 1984, ch 273, § 17; SL 1994, ch 335, § 16; SDCL 42-8-21 ; SL 1998, ch 74, § 13.
S.D. Codified Laws § 32-26-31 — SD Code / Title 32 / Chapter 26 / Section 32-26-31
Duty of driver of overtaken vehicle--Increasing speed prohibited--Violation as misdemeanor
Status: in_force

Unless overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on suitable and audible signal being given by the driver of the overtaking vehicle, and may not increase the speed of his vehicle until completely passed by the overtaking vehicle. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0314; SL 1966, ch 132; SL 1989, ch 255, § 170.
S.D. Codified Laws § 32-40-8 — SD Code / Title 32 / Chapter 40 / Section 32-40-8
Motor vehicle insurance requirements for driver logged on to transportation network company's digital network and available for transportation requests
Status: in_force

The following motor vehicle insurance requirements apply while a participating transportation network company driver is logged on to the transportation network company's digital network and is available to receive transportation requests but is not engaged in a prearranged ride:

(1) Primary motor vehicle liability insurance in the amount of at least fifty thousand dollars for death and bodily injury per person, one hundred thousand dollars for death and bodily injury per incident, and twenty-five thousand dollars for property damage;

(2) Uninsured and underinsured coverage as required by §§ 58-11-9 and 58-11-9.4 ; and

(3) The coverage requirements of subdivision (1) may be satisfied by motor vehicle insurance maintained by the transportation network company driver, motor vehicle insurance maintained by the transportation network company, or any combination of such insurance.

Source: SL 2016, ch 167, § 8.
S.D. Codified Laws § 32-35-113 — SD Code / Title 32 / Chapter 35 / Section 32-35-113
Maintenance of financial responsibility--Violation as misdemeanor
Status: in_force

Every driver or owner of a motor vehicle shall at all times maintain in force one of the forms of financial responsibility on the motor vehicle by one of the following methods:

(1) Having in force on the motor vehicle an owner's policy of liability insurance as provided in § 32-35-70 ;

(2) Having in force a bond as provided in § 32-35-83 ;

(3) Having a certificate of deposit of money or securities as provided in § 32-35-87 , but in the amount of fifty thousand dollars; or

(4) Having a certificate of self - insurance, as provided in §§ 32-35-90 and 32-35-91 , supplemented by an agreement by the self - insurer that, with respect to accidents occurring while the certificate is in force, he will pay the same amounts that an insurer would have been obligated to pay under an owner's motor vehicle liability policy if it had issued such a policy to said self - insurer.

Failure to maintain financial responsibility is a Class 2 misdemeanor.

Source: SL 1986, ch 269, § 1.
S.D. Codified Laws § 32-30-11.3 — SD Code / Title 32 / Chapter 30 / Section 32-30-11.3
Use of privileges by persons not entitled to them as misdemeanor--Fines
Status: in_force

Any person who is not a person with a physical disability and who exercises the privileges granted a person with a physical disability under § 32-30-11.1 commits a Class 2 misdemeanor. The court shall assess a fine of not less than one hundred dollars if the parking space is marked in accordance with the Americans With Disabilities Act accessibility guidelines as of January 1, 2002.

Source: SL 1975, ch 97, § 3; SL 1978, ch 158, § 58; SL 1994, ch 263; SL 2002, ch 149, § 8.
S.D. Codified Laws § 32-12A-34 — SD Code / Title 32 / Chapter 12A / Section 32-12A-34
Reciprocal suspension, revocation, and disqualification
Status: in_force

The Department of Public Safety shall suspend, revoke, or disqualify the commercial learner's permit, commercial driver license, or driving privilege of a resident of this state upon receiving notice of the conviction or final administrative decision from another state for an infraction which would provide grounds for suspension, revocation, or disqualification of the license or driving privilege in this state. The commercial learner's permit or commercial license of a driver of a commercial motor vehicle convicted of violating a federal, state, or local law or rule prohibiting texting or the use of a hand-held mobile telephone may be disqualified as set forth in subsections 32-12A-1(31)(n) and (o), and §§ 32-12A-40 and 32-12A-41 .

Source: SL 2001, ch 171, § 114; SL 2003, ch 272, § 23; SL 2013, ch 144, § 2; SL 2014, ch 149, § 2; SL 2015, ch 168, § 29.
S.D. Codified Laws § 32-12-4 — SD Code / Title 32 / Chapter 12 / Section 32-12-4
Examination of applicant--Place of examination--Time of examination
Status: in_force

The Department of Public Safety or any person authorized by the secretary of the Department of Public Safety shall examine each applicant for a driver license. Such examination shall include a test of the applicant's eyesight, the applicant's ability to read and understand highway signs regulating, warning, and directing traffic, the applicant's knowledge of the traffic laws of this state, and shall include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle. The department shall make provision for giving an examination either in the county where the applicant resides or at a place adjacent thereto reasonably convenient to the applicant within not more than thirty days from the date the application is received.

Source: SL 1959, ch 261, § 9; SDC Supp 1960, § 44.03B09; SL 1980, ch 219, § 1; SL 2001, ch 171, § 106; SL 2003, ch 272, § 23.
S.D. Codified Laws § 32-26-50 — SD Code / Title 32 / Chapter 26 / Section 32-26-50
Promulgation of rules authorizing certain motor vehicles to travel at electronically coordinated speeds and distance intervals closer than otherwise allowed
Status: in_force

The Transportation Commission shall promulgate rules, pursuant to chapter 1-26 , to authorize the testing and operation of groups of individual motor vehicles traveling in a unified manner at electronically coordinated speeds and distance intervals that are closer than otherwise allowed under §§ 32-26-40 to 32-26-42 , inclusive. The commission may include in the rules:

(1) The procedures for the requesting and granting of authority for testing and operation;

(2) A fee, not to exceed one hundred dollars, to cover the administrative costs of granting authority for testing and operation;

(3) Reporting requirements;

(4) Authorized routes;

(5) Authorized times and periods of operation;

(6) Authorized vehicle types;

(7) Required vehicle markings;

(8) Driver requirements;

(9) Prohibited use related to weather, highway conditions, special events, traffic incidents, emergencies or other contingencies; and

(10) Any speed, size, and operational restrictions the commission deems appropriate.

Source: SL 2019, ch 131, § 1.
S.D. Codified Laws § 32-7A-10.1 — SD Code / Title 32 / Chapter 7A / Section 32-7A-10.1
Mailing fees
Status: in_force

In addition to the license fees assessed in § 32-7A-10 , the department shall charge the dealer, when sent to the owner through the mail:

(1) Two dollars and fifty cents per decal; and

(2) Twelve dollars per license plate.

If the dealer requests that the decal or plate be express mailed, the dealer must pay the actual costs of postage and handling.

Source: SL 2010, ch 157, § 3; SL 2023, ch 98, § 5, eff. Mar. 14, 2023; SL 2026, ch 129, § 5.
S.D. Codified Laws § 32-6B-25 — SD Code / Title 32 / Chapter 6B / Section 32-6B-25
Use of vehicles bearing dealer's demonstration or in-transit permits--Time limitation--Issuance of permits for unauthorized purposes prohibited--Violation as misdemeanor
Status: in_force

Any new or used vehicle owned by a licensed dealer, bearing dealers' demonstration or in-transit permits, may be driven upon the streets and highways of this state for demonstration or in-transit purposes and for travel to and from a service facility, such as a repair shop, detail shop, gas station, or car wash. Such vehicles may be driven upon the streets and highways for demonstration purposes by any prospective buyer for a period of three days. No dealer nor any dealer's representative may issue a dealers' demonstration or in-transit permit to any vehicle for any other purpose. A violation of this section is a Class 2 misdemeanor.

Source: SL 1986, ch 250, § 26; SL 1990, ch 243; SL 2006, ch 163, § 2.
S.D. Codified Laws § 32-3-79 — SD Code / Title 32 / Chapter 3 / Section 32-3-79
Chapter exclusion--Multi-passenger quadricycle
Status: in_force

A multi-passenger quadricycle, as defined in § 32-14-17 , is exempt from this chapter.

Source: SL 2024, ch 118, § 5.
S.D. Codified Laws § 32-5-8 — SD Code / Title 32 / Chapter 5 / Section 32-5-8
Schedule of fees for recreational vehicles and noncommercial trailers and semitrailers
Status: in_force

License fees and compensation for any recreational vehicle as defined in § 32-3-1 or for any noncommercial trailer and semitrailer, for use of the highways payable pursuant to § 32-5-5 and pulled by a noncommercial motor vehicle on which the license fees were paid pursuant to § 32-5-6 , shall be determined upon the basis of their actual weight as follows:

(1) One thousand pounds or less, inclusive, eighteen dollars;

(2) From 1,001 to 2,000 pounds, inclusive, thirty-six dollars;

(3) From 2,001 to 3,000 pounds, inclusive, fifty-four dollars;

(4) From 3,001 to 4,000 pounds, inclusive, seventy-two dollars;

(5) From 4,001 to 5,000 pounds, inclusive, ninety dollars;

(6) From 5,001 to 6,000 pounds, inclusive, one hundred eight dollars;

(7) From 6,001 to 7,000 pounds, inclusive, one hundred twenty-six dollars;

(8) From 7,001 to 8,000 pounds, inclusive, one hundred forty-four dollars;

(9) From 8,001 to 9,000 pounds, inclusive, one hundred sixty-two dollars;

(10) From 9,001 to 10,000 pounds, inclusive, one hundred eighty dollars; and

(11) For each additional 1,000 pounds or major fraction thereof, in excess of 10,000 pounds, eighteen dollars.

Any trailer or semitrailer licensed pursuant to this section may be pulled by a noncommercial motor vehicle licensed pursuant to § 32-5-8.1 or a commercially licensed motor vehicle if the motor vehicle is registered at a gross weight to cover the weight of the trailer and its load.

Source: SDC 1939, § 44.0107 (4); SL 1955, ch 156; SL 1977, ch 249, § 6; SL 1991, ch 239, § 5; SL 1999, ch 59, § 6; SL 2011, ch 139, § 4; SL 2011, ch 139, § 14, eff. July 1, 2013; SL 2015, ch 165, § 15, eff. Apr. 1, 2015.
S.D. Codified Laws § 32-32-13 — SD Code / Title 32 / Chapter 32 / Section 32-32-13
Transportation of persons attending conventions by school buses
Status: in_force

Any school bus meeting the requirements of § 32-32-4 which is owned by a private person or corporation in this state and used to provide transportation services for school children may, when not being used to transport children under the contract, be used for transporting persons attending a convention if:

(1) The words, school bus, are covered with opaque material;

(2) The lights required by § 32-32-5 are disabled;

(3) The appropriate permit and a licensed driver for commercial operation of the bus are in effect at the time of usage.

This section is applicable only in circumstances when no other South Dakota commercial bus is available.

Source: SL 1988, ch 267.
S.D. Codified Laws § 32-6D-8 — SD Code / Title 32 / Chapter 6D / Section 32-6D-8
Attorney fees
Status: in_force

If the manufacturer has breached its obligations imposed under this chapter, the consumer may recover, in addition to the remedy provided under §§ 32-6D-2 to 32-6D-5 , inclusive, an additional award for reasonable attorney fees.

Source: SL 1993, ch 227, § 8.
S.D. Codified Laws § 32-15-33 — SD Code / Title 32 / Chapter 15 / Section 32-15-33
Disconnecting, resetting, or altering odometer as criminal offense--Repairs--Notice of mileage change--Criminal penalties
Status: in_force

No person may disconnect, reset, or alter, or cause to be disconnected, reset, or altered, the odometer of any motor vehicle. This section does not apply to any person repairing or replacing an odometer. However, if the indicated mileage is changed, a notice shall be permanently attached to the left front door frame of the vehicle. A person violating this section is guilty of a Class 1 misdemeanor. A person violating this section for a second or subsequent time is guilty of a Class 6 felony.

Source: SL 1978, ch 222, § 2; SL 1984, ch 229.
S.D. Codified Laws § 32-35-107 — SD Code / Title 32 / Chapter 35 / Section 32-35-107
Other processes of law unaffected by chapter
Status: in_force

Nothing in this chapter shall be construed as preventing the plaintiff in any action at law from relying for relief upon the other processes provided by law.

Source: SL 1957, ch 212, § 73; SDC Supp 1960, § 44.03A68.
S.D. Codified Laws § 32-38-3 — SD Code / Title 32 / Chapter 38 / Section 32-38-3
Exceptions to required use of safety belts
Status: in_force

The provisions of § 32-38-1 do not apply to:

(1) Any occupant of a passenger vehicle manufactured before September 1, 1973;

(2) Any occupant of a passenger vehicle who possesses a written statement from a doctor licensed under chapter 36-4 or 36-5 that the individual is unable for medical reasons to wear a safety seat belt system;

(3) Any occupant of a vehicle not equipped with a safety seat belt system because federal law does not require that vehicle to be so equipped; or

(4) Any rural carrier of the United States Postal Service while serving his rural postal route or any person delivering newspapers or periodicals on an assigned home delivery route.

Source: SL 1994, ch 266, § 3.
S.D. Codified Laws § 32-22-42.11 — SD Code / Title 32 / Chapter 22 / Section 32-22-42.11
Municipal sludge vehicles--Permit for oversize and overweight--Tires--Speed limit--Violation as misdemeanor
Status: in_force

The Division of Highway Patrol, with respect to highways under the jurisdiction of the Department of Transportation, and local authorities with respect to highways, roads, and streets under their jurisdiction may issue annual or seasonal permits for the movement of oversize and overweight sludge vehicles owned and operated by a municipality. The governmental entity with jurisdiction over the highway, road, or street may establish permit conditions to ensure the safety of the public and the protection of the highway surface and structures. The municipal sludge vehicle shall be equipped with large flotation type tires which have an inflation pressure of twenty - five pounds per square inch or less. The vehicle may not operate on a public roadway at a speed in excess of fifteen miles per hour. A violation of this section is a Class 2 misdemeanor.

Source: SL 1984, ch 232; SL 1992, ch 372, § 18.
S.D. Codified Laws § 32-6E-14 — SD Code / Title 32 / Chapter 6E / Section 32-6E-14
Violation of chapter
Status: in_force

If a franchisor enters into or attempts to enter into a franchise, whether upon termination or refusal to continue another franchise or upon the establishment of an additional new snowmobile dealership in a community where the same line/make is already represented, without first complying with the provisions of this chapter, no dealer's license may be issued to that franchisee or proposed franchisee to engage in the business of selling new snowmobiles, manufactured or distributed by that franchisor.

Source: SL 1994, ch 248, § 14.
S.D. Codified Laws § 32-6B-7.1 — SD Code / Title 32 / Chapter 6B / Section 32-6B-7.1
Pooling of assets to satisfy bond requirements--Right, title, and interest in state--Termination--Notice of payment of claim--Replenishment of pool
Status: in_force

Members of any incorporated automobile dealers association may join together for the limited purpose of forming a pool of assets to satisfy the bond requirements of § 32-6B-7 . Each pool shall be deposited in escrow or trust with a South Dakota financial institution approved of by the department.

All right, title, and interest in a pool shall be in the state for the benefit of any customer of a participating dealer who suffers any loss caused by the dealer's failure to deliver title, or by fraudulent misrepresentation or by a breach of warranty as to freedom from liens. A pool shall remain the property of the state until the department releases the pool. A pool is not the property of any participating dealer and may not be canceled, assigned, revoked, disbursed, replaced, or allowed to terminate except with department approval. Until a pool has been terminated as provided in this section, no portion of the pool may be assigned for the benefit of creditors, attached, garnished, levied, or executed on, or subject to process issued from any court, except as provided for payment of claims pursuant to this section.

A pool shall continue from year to year and cover for each license period those dealers participating in the pool. The department shall be notified by the escrow agent or trustee of the dealers participating or continuing to participate in a pool prior to the beginning of each license period.

The participating dealers may determine to terminate a pool. Notice of the intent to terminate shall be given to the department at least sixty days prior to the end of a license period. Termination shall be effective four years from the end of the license period notice was received. The escrow agent or trustee, in accordance with this section, shall continue to pay moneys prior to termination to any customer of a participating dealer whose claims arose during any license period prior to notice.

The escrow agent or trustee will notify the department in writing when a claim has been paid from the pool. All claims must be based upon a final judgment of a court of record in this state.

A pool will be established when one hundred thousand dollars of liquid assets are deposited with the escrow agent or trustee. Anytime a pool's balance falls below ninety thousand dollars it shall be replenished by the participating dealers within thirty days. If a pool is not replenished within thirty days, those dealers participating in the pool will be subject to the revocation of their dealer license unless the dealer provides a bond as set forth in § 32-6B-7 within fifteen days. After the notice of termination of a pool is received, notwithstanding any provision to the contrary, any dealer participating in the pool during the license period notice is given is subject to the revocation of their dealer license if the pool's balance falls below ninety thousand dollars and is not replenished within thirty days.

The escrow agent or trustee shall have those powers necessary to pay any claim upon the presentation of a final judgment and order of execution of any court record in this state.

The department may adopt rules pursuant to chapter 1-26 to implement this section.

Source: SL 1989, ch 263.
S.D. Codified Laws § 32-14-9.1 — SD Code / Title 32 / Chapter 14 / Section 32-14-9.1
Operation of vehicles on private land prohibited without consent of owner or lessee--Snowmobile use on public right-of-way excepted--Misdemeanor
Status: in_force

No person shall operate any vehicle, including, but not limited to, snowmobiles, motorcycles, and all - terrain vehicles, upon any private land without permission from the owner or lessee of such land. The provisions of this section shall not apply to a vehicle used on a highway or other public right - of - way in accordance with the provisions of chapter 32-20A . A violation of this section is a Class 2 misdemeanor.

Source: SL 1973, ch 217, §§ 1 to 3; SDCL Supp, § 32-14-9.2 .
S.D. Codified Laws § 32-5B-4.1 — SD Code / Title 32 / Chapter 5B / Section 32-5B-4.1
Insurance check included in trade-in value
Status: in_force

For the purposes of § 32-5B-4 , the credit or trade - in value of any damaged motor vehicle may include the value of any check from an insurance company which is intended to cover the damages to the motor vehicle.

Source: SL 1992, ch 211.
S.D. Codified Laws § 32-3-84 — SD Code / Title 32 / Chapter 3 / Section 32-3-84
Transfer on death--No application for subsequent certificate of title--When vested
Status: in_force

Ownership of a motor vehicle, off-road vehicle, snowmobile, or boat as defined in § 32-3-2 , with a certificate of title that has a beneficiary designation, pursuant to § 32-3-80 , and on which an application for a subsequent certificate of title has not been filed, vests in the designated beneficiary upon the death of the owner or the last survivor of the joint tenancy with the right of survivorship, if the property is not subject to any lien or other encumbrance.

Source: SL 2025, ch 116, § 5.
S.D. Codified Laws § 32-9-3.2 — SD Code / Title 32 / Chapter 9 / Section 32-9-3.2
Mounted specialized equipment included in weight to determine license fee--Violation as misdemeanor
Status: in_force

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 1977, ch 249, § 21; SL 1984, ch 225, § 1; SL 1989, ch 264, § 3; SL 1990, ch 233, § 1.
S.D. Codified Laws § 32-20B-13 — SD Code / Title 32 / Chapter 20B / Section 32-20B-13
Age restrictions for Class III electric bicycle
Status: in_force

To operate a Class III electric bicycle in this state, a person shall be at least sixteen years of age. This section does not prohibit a person younger than sixteen years of age from riding as a passenger on a Class III electric bicycle, if the bicycle is designed to accommodate a passenger.

Source: SL 2019, ch 135, § 5.
S.D. Codified Laws § 32-12A-20.2 — SD Code / Title 32 / Chapter 12A / Section 32-12A-20.2
Veteran designation on license or permit--Requirements
Status: in_force

A designation that the licensee is a veteran must be indicated on a commercial driver license or a commercial learner's permit issued pursuant to this chapter if the licensee or permit holder:

(1) Is a veteran as defined in § 33A-1-1 ;

(2) Has requested the designation on the license or permit; and

(3) Has provided proof of the veteran's military service and honorable discharge by submitting to the department:

(a) A certificate signed by a county veterans service officer on a form prescribed by the Department of Veterans Affairs;

(b) National Guard Form NGB-22;

(c) A Uniformed Services Identification card;

(d) United States military Form DD-2;

(e) United States military Form DD-2A; or

(f) United States military Form DD-214.

Source: SL 2012, ch 167, § 5; SL 2015, ch 168, § 17; SL 2025, ch 127, § 1.
S.D. Codified Laws § 32-20-12.1 — SD Code / Title 32 / Chapter 20 / Section 32-20-12.1
Ordinances prohibiting operation of off-road vehicles in ditches--Exceptions--Regulatory signs
Status: in_force

Notwithstanding the provisions of § 32-20-12 , the Transportation Commission or any board of county commissioners by ordinance may prohibit the operation of off-road vehicles in any highway ditch along any section of highway under its jurisdiction. However, neither the Transportation Commission nor any board of county commissioners may prohibit an off-road vehicle from crossing one side of the highway to the other. This section does not affect off-road vehicles used in normal agricultural operation or service vehicles of any utility while in the line of duty for the utility. For the purposes of this section, the term, utility, means any provider of electric, gas, water, sewer, pipeline, or telecommunications service.

Notice of any restriction made pursuant to this section shall be given by placing and maintaining regulatory signs at each end of the section of highway and at each point of intersection. The signs shall be of substantial construction which conspicuously indicates the restriction.

Source: SL 2006, ch 166, § 1; SL 2009, ch 156, § 1.
S.D. Codified Laws § 32-15-2 — SD Code / Title 32 / Chapter 15 / Section 32-15-2
Replacement with material other than safety glass as petty offense
Status: in_force

It is a petty offense for any person to replace any glass or glazing materials used in partitions, doors, windows, windshields, or wind deflectors in any motor vehicle with any material other than safety glass.

Source: SL 1953, ch 243, § 3; SDC Supp 1960, § 44.0102-1; SL 1978, ch 158, § 31.
S.D. Codified Laws § 32-6B-88 — SD Code / Title 32 / Chapter 6B / Section 32-6B-88
Off-road vehicle dealer--Special event permit--Requirements--Application--Display
Status: in_force

Notwithstanding any other provisions of this chapter, a vehicle dealer licensed under this chapter may apply to the department for a special permit to sell or offer to sell an off-road vehicle at an event located outside the county where the dealer’s principal place of business is located, if:

(1) The event does not exceed seven days;

(2) The dealer has a franchise for the off-road vehicle; and

(3) No dealer in the county where the event is located has a franchise for the same make of the off-road vehicle.

The dealer shall apply for the permit on a form provided by the department. The dealer shall submit the application to the department at least twenty days before the event. If the application satisfies the requirements of this section, the department shall issue a special permit to the dealer. The dealer is not required to pay a fee for the permit.

The dealer shall prominently display the permit during the event.

Source: SL 2018, ch 188, § 1; SL 2025, ch 119, § 1.
S.D. Codified Laws § 32-6E-4 — SD Code / Title 32 / Chapter 6E / Section 32-6E-4
Additional franchises of same line/make--Public interest--Hearing
Status: in_force

No franchisor may enter into a franchise for the purpose of establishing an additional snowmobile dealership in any community in which the same line/make is currently represented, unless the franchisor has first established in a hearing held under the provisions of chapter 1-26 that an additional dealership under such franchise is in the public interest.

Source: SL 1994, ch 248, § 4.
S.D. Codified Laws § 32-5-147 — SD Code / Title 32 / Chapter 5 / Section 32-5-147
Disclosure on proof of identity of requestor and representation of use for certain limited purposes
Status: in_force

Personal information may be disclosed to any person by the department on proof of the identity of the person requesting the record and representation by such person that the use of the personal information will be strictly limited to the following described uses:

(1) For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a government agency in carrying out its functions;

(2) For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only under the following circumstances:

(a) To verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and

(b) If such information as submitted is not correct or is no longer correct, to obtain the correct information for the purposes of preventing fraud by pursuing legal remedies against, or recovering on a debt or security interest against, the individual;

(3) For use in connection with any civil, criminal, administrative, or arbitral proceeding in any court or government agency or before any self - regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of any court;

(4) For use in research activities, and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to contact individuals;

(5) For use by any insurer or insurance support organization, or by a self - insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, anti - fraud activities, rating, or underwriting;

(6) For use in providing notice to the owners or lienholders of towed or impounded vehicles;

(7) For use by any licensed private investigative agency or licensed security service for any purpose permitted under this section;

(8) For use in connection with the operation of private toll transportation facilities;

(9) For any other use specifically authorized under the law of the state that holds the record, if such use is related to the operation of a motor vehicle or public safety.

Source: SL 2001, ch 165, § 5.
S.D. Codified Laws § 32-22-57 — SD Code / Title 32 / Chapter 22 / Section 32-22-57
Lift axle control requirements--Permits--Violation as misdemeanor
Status: in_force

Unless specifically authorized by permit, a variable load axle may not be raised if, when it is raised, it causes any other axle to be overloaded. The transportation commission may promulgate rules, pursuant to chapter 1-26 , to provide for the issuance of annual permits by the Division of Highway Patrol which authorize the raising of a variable load axle while turning. The annual permit is not valid on the interstate system. A violation of this section subjects the violator to a civil penalty of five hundred dollars for each violation.

Source: SL 1984, ch 230, § 44; SL 1985, ch 262; SL 1986, ch 266, § 1; SL 1987, ch 210, § 31; SL 1992, ch 372, § 17.
S.D. Codified Laws § 32-7B-27 — SD Code / Title 32 / Chapter 7B / Section 32-7B-27
Manufacturer's statement of origin required for sale on consignment
Status: in_force

No person may sell or offer to sell a boat, to which a manufacturer's statement of origin has not been transferred, on consignment.

Source: SL 1998, ch 185, § 27.
S.D. Codified Laws § 32-5-152 — SD Code / Title 32 / Chapter 5 / Section 32-5-152
Low-speed vehicles
Status: in_force

Each low-speed vehicle shall be registered in accordance with § 32-5-5 . A license plate shall be issued indicating that the vehicle is a low-speed vehicle.

Source: SL 2008, ch 147, § 4.
S.D. Codified Laws § 32-33-2.1 — SD Code / Title 32 / Chapter 33 / Section 32-33-2.1
Weight violations excepted
Status: in_force

Sections 32-33-2 and 32-33-3 do not apply to any person arrested and charged with a violation of § 32-22-16 or 32-22-21 . The arresting officer may take the person immediately before the nearest and most accessible magistrate.

Source: SL 1983, ch 249.
S.D. Codified Laws § 32-12-52.3 — SD Code / Title 32 / Chapter 12 / Section 32-12-52.3
Mandatory revocation of license--Drug-related offenses--Court order permitting driving--Notice
Status: in_force

Upon a first conviction or a first adjudication of delinquency for any violation, while in a vehicle, of § 22-42-5 , 22-42-5.1 , 22-42-6 , 22-42-7 , 22-42-8 , 22-42-9 , 22-42A-3 , or 22-42A-4 , the court shall revoke the driver license or driving privilege of the individual convicted for a period of ninety days.

Upon a second or subsequent conviction or a second or subsequent adjudication of delinquency for a violation, while in a vehicle, of § 22-42-5 , 22-42-5.1 , 22-42-6 , 22-42-7 , 22-42-8 , 22-42-9 , 22-42A-3 , or 22-42A-4 , the court shall revoke the driver license or driving privilege of the individual convicted for a period of one year, or until the individual's seventeenth birthday, whichever is a longer period of time.

For any offense under this section, the court may issue an order, upon proof of financial responsibility pursuant to § 32-35-43.1 , permitting the individual to operate a vehicle for purposes of the person's employment, child care delivery or pickup, health appointments, or attendance at school, court, probation appointments, 24/7 sobriety testing, counseling programs, treatment, or aftercare.

Notwithstanding the provisions of chapters 26-7A , 26-8A , 26-8B , and 26-8C , the Unified Judicial System shall notify the Department of Public Safety of any conviction or adjudication of delinquency for a violation, while in a vehicle, of § 22-42-5 , 22-42-5.1 , 22-42-6 , 22-42-7 , 22-42-8 , 22-42-9 , 22-42A-3 , or 22-42A-4 . The period of revocation must begin on the date ordered by the court or on the date specified in the notice from the department, whichever date is earlier. At the expiration of the revocation period, the individual may apply to reinstate the person's license as provided by law and shall pay the license fee prescribed in § 32-12-47.1 .

Source: SL 1990, ch 249, § 1; SL 1991, ch 252, § 21; SL 1991, ch 254; SL 1994, ch 255, § 3; SL 1999, ch 159, § 1; SL 2001, ch 171, § 52; SL 2001, ch 173, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2006, ch 165, § 1; SL 2017, ch 135, § 3; SL 2026, ch 133, § 1.
S.D. Codified Laws § 32-5-2.9 — SD Code / Title 32 / Chapter 5 / Section 32-5-2.9
Seller's permit for sold or transferred vehicle--Time for registration--Violation as misdemeanor
Status: in_force

If a vehicle is sold or transferred, the seller shall provide the purchaser with a seller's permit that allows for the movement of the vehicle until registered but no later than forty-five days from the date of purchase. Failure to comply with this section is a Class 2 misdemeanor.

Source: SL 2005, ch 158, § 3; SL 2007, ch 173, § 6, eff. July 1, 2008; SL 2016, ch 154, § 2.
S.D. Codified Laws § 32-35-101.1 — SD Code / Title 32 / Chapter 35 / Section 32-35-101.1
Department to provide driving records of policyholders to insurance companies
Status: in_force

The Department of Public Safety may contract with an insurance company or its authorized information vendor to provide the entries made on the operating records of the insurance company's policyholders. The department may determine the periodic basis and the media on which the information will be provided. The cost of the service shall be determined by the parties. The information provided shall only be used by the insurance company receiving the information for purposes of dealing with its policyholders.

Source: SL 1997, ch 197, § 1; SL 2004, ch 17, § 181.
S.D. Codified Laws § 32-23-11 — SD Code / Title 32 / Chapter 23 / Section 32-23-11
Request for hearing on revocation of license for refusal to submit to chemical analysis--Eligibility to drive for purpose of employment--Rules for restricted licenses
Status: in_force

Any person subject to license revocation for failure to submit to the withdrawal and chemical analysis pursuant to § 32-23-18 who wants to contest the revocation, shall request a hearing, pursuant to chapter 1-26 , within one hundred twenty days of arrest. If the secretary of public safety finds that the law enforcement officer complied with the law and the refusal was made by the person, the secretary shall revoke that person's license to drive and any nonresident operating privileges for one year. The secretary shall determine if the person is eligible to drive for the purpose of employment and may promulgate rules, pursuant to chapter 1-26 , for determining that eligibility.

The secretary of public safety may promulgate rules for restricted licenses as follows:

(1) Eligibility;

(2) Application;

(3) Determination;

(4) Limitations; and

(5) Grounds for revocation.

Source: SL 1959, ch 264, § 1; SDC Supp 1960, § 44.0302-2; SL 1973, ch 195, § 13; SL 1976, ch 199; SL 1980, ch 230, § 3; SL 1982, ch 18, § 28; SL 1982, ch 248, § 1; SL 1986, ch 22, § 7; SL 1989, ch 274, § 3; SL 1995, ch 183, § 1; SL 1996, ch 206; SL 2003, ch 272 (Ex. Ord. 03-1), § 108, eff. Apr. 17, 2003; SL 2019, ch 136, § 1.
S.D. Codified Laws § 32-30-2.5 — SD Code / Title 32 / Chapter 30 / Section 32-30-2.5
Opening of doors on traffic side of stopped vehicle--Violation as petty offense
Status: in_force

No person may open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor may any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers. A violation of this section is a petty offense.

Source: SL 1970, ch 175, § 31, § 14; SL 1989, ch 255, § 207.
S.D. Codified Laws § 32-34-12 — SD Code / Title 32 / Chapter 34 / Section 32-34-12
Adoption of uniform report form
Status: in_force

The secretary of public safety shall have authority to adopt and provide a uniform accident report form to be used in the making of accident reports and shall adopt and provide a uniform notice as required by § 32-34-10 .

Source: SDC 1939, § 44.0331 as added by SL 1955, ch 172; SL 1957, ch 212, § 76; SL 1961, ch 226; SL 1967, ch 193; SL 1977, ch 267, § 3; SL 1985, ch 399, § 21; SL 2004, ch 17, § 147.
S.D. Codified Laws § 32-35-64 — SD Code / Title 32 / Chapter 35 / Section 32-35-64
Methods for furnishing proof of financial responsibility
Status: in_force

Proof of financial responsibility when required under this chapter, with respect to such a vehicle or with respect to a person who is not the owner of such a vehicle, may be given by filing:

(1) A certificate of insurance as provided in § 32-35-65 or 32-35-66 ; or

(2) A bond as provided in § 32-35-83 ; or

(3) A certificate of deposit of money or securities as provided in § 32-35-87 ; or

(4) A certificate of self - insurance, as provided in §§ 32-35-90 and 32-35-91 , supplemented by an agreement by the self - insurer that, with respect to accidents occurring while the certificate is in force, he will pay the same amounts that an insurer would have been obligated to pay under an owner's motor vehicle liability policy if it had issued such a policy to said self - insurer.

Source: SL 1957, ch 212, § 47; SDC Supp 1960, § 44.03A47.
S.D. Codified Laws § 32-35-78 — SD Code / Title 32 / Chapter 35 / Section 32-35-78
Permissive provisions--Concurrent insurance
Status: in_force

The requirements for a motor vehicle liability policy may be fulfilled by the policies of one or more insurance carriers which policies together meet such requirements.

Source: SL 1957, ch 212, § 51; SDC Supp 1960, § 44.03A51 (10).
S.D. Codified Laws § 32-26-21.1 — SD Code / Title 32 / Chapter 26 / Section 32-26-21.1
Driving on sidewalk prohibited--Municipal restrictions on bicycle, motorized foot scooter, or electric personal assistive device operation--Violation as misdemeanor
Status: in_force

No person may drive any vehicle other than a bicycle, motorized foot scooter, or an electric personal assistive device upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway. The local governing body of a municipality may restrict a bicycle, motorized foot scooter, or an electric personal assistive device from operating upon a sidewalk or sidewalk area. A violation of this section is a Class 2 misdemeanor.

Source: SL 1970, ch 175, § 31, § 11; SL 1982, ch 226, § 2; SL 1989, ch 255, § 159; SL 2002, ch 161, § 2; SL 2021, ch 137, § 1.
S.D. Codified Laws § 32-12-17 — SD Code / Title 32 / Chapter 12 / Section 32-12-17
Issuance of license--Qualifications
Status: in_force

Upon payment of the fee established by § 32-12-16 , the Department of Public Safety shall issue an operator's license to each qualifying applicant. An operator's license may be issued to a minor at least sixteen years of age but less than eighteen years of age who has successfully passed all applicable tests and completed the requirements of an instruction permit as provided in § 32-12-11 and the restricted minor's permit as provided in § 32-12-12 if the applicant has not been convicted of a traffic violation in the past six months, and the applicant is not currently under suspension, revocation, or disqualification.

Source: SL 1959, ch 261, § 10; SDC Supp 1960, § 44.03B10; SL 1965, ch 201, § 1; SL 1974, ch 215, § 1; SL 1974, ch 216, § 2; SL 1976, ch 190; SL 1989, ch 265, § 17; SL 1992, ch 218, § 1; SL 1998, ch 186, § 6; SL 1998, ch 187, § 1; SL 2000, ch 155, § 3; SL 2001, ch 171, § 17; SL 2003, ch 272, §§ 23, 63; SL 2020, ch 117, § 7.
S.D. Codified Laws § 32-6C-14.4 — SD Code / Title 32 / Chapter 6C / Section 32-6C-14.4
Order to pay fine or suspend or revoke license upon failure to comply with cease and desist order--Deposit of monetary penalties
Status: in_force

If a dealer fails to comply with a cease and desist order issued pursuant to § 32-6C-14.1 , the secretary may issue an order which:

(1) Imposes a monetary penalty on the dealer of five hundred dollars for each violation of the cease and desist order;

(2) Suspends dealer's license for not more than thirty days; or

(3) Revokes the dealer's license.

All monetary penalties collected pursuant to this section shall be deposited into the state motor vehicle fund.

Source: SL 2005, ch 162, § 14.
S.D. Codified Laws § 32-3-46 — SD Code / Title 32 / Chapter 3 / Section 32-3-46
Enforcement of liens--Filing for record not necessary--Notice of sale
Status: in_force

Liens on motor vehicles, trailers, or semitrailers as defined in § 32-3-35 may be enforced or foreclosed in accordance with the procedural law applicable to each kind of lien. It is not necessary that a lien be filed for record as a condition precedent to foreclosure if the lien has been duly noted on the certificate of the title of the motor vehicle, trailer, or semitrailer. Any notice of sale, sale, or report of sale required by the applicable procedural law may be published, held, or filed in the county specified by the law, or if not there specified, then in the county where a copy of the certificate of title is kept by the treasurer as provided by § 32-3-28 . Further, if the lien holder verifies in writing that the owner of the collateral did not surrender the certificate of title, the affidavit shall be accepted as prima facie evidence of the lien and may be used in lieu of the certificate of title, and the certificate of title need not be surrendered at the time of foreclosure.

Source: SDC 1939, § 44.0203 (4) as added by SL 1955, ch 162; SL 1961, ch 222; SL 1965, ch 186, § 3; SL 1990, ch 229, § 7; SL 2003, ch 160, § 9.
S.D. Codified Laws § 32-5-99 — SD Code / Title 32 / Chapter 5 / Section 32-5-99
Loss of plates--Issuance of duplicates--Affidavit--Fee--Disposition of fee--Report of loss
Status: in_force

In the event of the loss, mutilation, or destruction of any plates issued under this chapter, the owner of the registered vehicle may obtain a duplicate from the department through the county treasurer upon filing an affidavit showing such facts and upon payment of a fee of ten dollars in the office of the county treasurer. Vehicles licensed pursuant to §§ 32-5-8 , 32-5-9 and 32-5-9.1 shall pay a fee of two dollars in lieu of the ten - dollar fee. All duplicate fees shall be credited to the license plate revolving fund. If the plates are lost or stolen, the department may not issue a duplicate set of plates until the loss or theft is reported to a law enforcement agency.

Source: SDC 1939, § 44.0105; SL 1943, ch 156, § 1; SL 1949, ch 162, § 1; SL 1955, ch 155; SL 1975, ch 199; SL 1977, ch 249, § 14; SL 1979, ch 205; SL 1984, ch 30, § 41; SL 1986, ch 242, § 19; SL 1988, ch 236, § 19.
S.D. Codified Laws § 32-12-58 — SD Code / Title 32 / Chapter 12 / Section 32-12-58
Operation of vehicle under license issued in other jurisdiction prohibited during suspension or revocation
Status: in_force

Any resident or nonresident whose driver license or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in this chapter may not operate a motor vehicle in this state under a license, permit, or registration certificate issued by any other jurisdiction or otherwise during such suspension or after such revocation until a new license is obtained when and as permitted under this chapter.

Source: SL 1959, ch 261, § 25; SDC Supp 1960, § 44.03B25; SL 2001, ch 171, § 57.
S.D. Codified Laws § 32-30-2.1 — SD Code / Title 32 / Chapter 30 / Section 32-30-2.1
Position of parking on two-way road--Violation as misdemeanor
Status: in_force

Except as otherwise provided in §§ 32-30-2.2 to 32-30-2.4 , inclusive, every vehicle stopped or parked upon a two - way roadway shall be so stopped or parked with the right - hand wheels parallel to and within twelve inches of the right - hand curb or edge of the roadway. A violation of this section is a Class 2 misdemeanor.

Source: SL 1970, ch 175, § 31, § 5; SL 1989, ch 255, § 203.
S.D. Codified Laws § 32-5B-23 — SD Code / Title 32 / Chapter 5B / Section 32-5B-23
Tax on vehicles leased in another state--Credit for tax paid to another state
Status: in_force

Vehicles entering this state under a lease are subject to tax on the date the vehicle enters this state for the remaining lease period. A credit for tax paid on the lease for the lease period at issue where the incidence of the tax was on the lessor, lessee, or both, and the tax was paid by the lessor, lessee, or both, to another state shall be applied to the motor vehicle lease tax due on the lease from the lessor in this state, if the lessor and the lessee remain the same.

Source: SL 2000, ch 145, § 6.
S.D. Codified Laws § 32-3-68 — SD Code / Title 32 / Chapter 3 / Section 32-3-68
Possessor due to unpaid repair bill--Application for title--Notice to owner, insurer, lien holder--Publication
Status: in_force

A person with possession of a vehicle described in § 32-3-67 may apply for a title on any motor vehicle, boat as defined in § 32-3A-2 , moped, motorcycle, off-road vehicle as defined in § 32-20-1 , snowmobile as defined in § 32-20A-1 , or trailer, that is left unclaimed as the result of an unpaid repair bill, by its owner or person lawfully in possession thereof, on private property for a period of thirty days after written notice of intent to apply for a title is sent to the owner at the owner's last known address and to any readily identifiable insurer or lien holder by certified mail. The notice must set forth the location where the vehicle is being kept, the circumstances surrounding acquisition of the vehicle, and the year, make, model, and serial number or hull identification number of the vehicle. The notice must inform the owner, insurer, and any lien holder of the right to reclaim the vehicle as provided by § 32-3-69 . The notice must be on a form provided by the department.

If it is impossible to determine with reasonable certainty the identity and address of the registered owner, insurer, and any lien holder, a notice must be published once in a newspaper of general circulation in the area where the vehicle was left for repair. Published notices may be grouped together for convenience and economy.

Source: SL 2005, ch 154, § 3; SL 2026, ch 128, § 2.
S.D. Codified Laws § 32-31-8 — SD Code / Title 32 / Chapter 31 / Section 32-31-8
Driving over fire hose prohibited--Violation as misdemeanor
Status: in_force

No vehicle may be driven over any unprotected hose of a fire department when laid down on any street, private road, or driveway to be used at any fire or alarm of fire, without the consent of the fire department official in command. A violation of this section is a Class 2 misdemeanor.

Source: SL 1970, ch 175, § 32; SL 1989, ch 255, § 216.
S.D. Codified Laws § 32-9-23.5 — SD Code / Title 32 / Chapter 9 / Section 32-9-23.5
Receipt issued on payment--Display on demand--Violation as misdemeanor
Status: in_force

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, patrol officer, motor carrier enforcement officer, or motor carrier inspector of the Department of Public Safety.

A violation of this section is a Class 2 misdemeanor.

Source: SL 1971, ch 197, § 5; SL 1988, ch 251, § 9; SL 1989, ch 255, § 29; SL 1989, ch 264, § 11; SL 2000, ch 140, § 5; SL 2004, ch 17, § 116.
S.D. Codified Laws § 32-28-18 — SD Code / Title 32 / Chapter 28 / Section 32-28-18
Photo monitoring device defined
Status: in_force

For the purposes of § 32-28-17 , the term, photo monitoring device, means a stationary, unmanned device used with a lighted traffic control device to detect a red light violation combined with a photographic identification of the vehicle which results in the issuance of a citation against the registrant, rather than the driver, of the vehicle.

Source: SL 2014, ch 154, § 2.
S.D. Codified Laws § 32-3-33 — SD Code / Title 32 / Chapter 3 / Section 32-3-33
Change of county of use of vehicle--Issuance of duplicate for filing by treasurer--Validity of liens
Status: in_force

If, after a certificate of title has been issued for a motor vehicle, trailer, or semitrailer, the county in which it is kept for use shall be changed, then upon application of the owner, so stating, the secretary may authorize the transfer of the duplicate certificate of title from the office of the treasurer of the county in which it was formerly kept to the county where the motor vehicle, trailer, or semitrailer is presently kept. Thereafter the county treasurer of the county in which such duplicate title certificate is transferred shall perform the duties imposed by this chapter. However, the keeping of a duplicate certificate of title in the office of the treasurer of a county in which the motor vehicle, trailer, or semitrailer is not actually kept may not affect the validity of the title or of any contract, lien, or encumbrance upon the motor vehicle, trailer, or semitrailer described in the certificate.

Source: SDC 1939, § 44.0202 (9) as added by SL 1951, ch 229, § 2; SL 1963, ch 252; SL 1965, ch 186, § 2; SL 1989, ch 257, § 35; SL 2003, ch 160, § 2.
S.D. Codified Laws § 32-5-8.4 — SD Code / Title 32 / Chapter 5 / Section 32-5-8.4
Additional fee when weight exceeds license
Status: in_force

Any owner of a motor vehicle licensed for fifty thousand pounds or more in accordance with the provisions of § 32-5-6.3 or 32-5-8 , who operates upon the public highway or allows to be operated thereon, any motor vehicle the weight of which, together with its load, exceeds the gross weight for which the vehicle is licensed, shall be deemed to have specified such greater weight and to have agreed to pay the appropriate fee and shall pay the amount of the appropriate fee which exceeds the amount of the fee actually paid, for the remainder of the registration period. Such additional amount is compensation and not a penalty or fine, and the payment thereof does not constitute a defense or bar to conviction for such, or any other violation of this chapter.

Source: SL 1993, ch 219, § 6.
S.D. Codified Laws § 32-5-184 — SD Code / Title 32 / Chapter 5 / Section 32-5-184
Dignity sculpture special plates
Status: in_force

Any owner of a motor vehicle who is a resident of this state and who has complied with all of the laws of this state in relation to the registration of a motor vehicle may receive plates bearing a special design depicting the Dignity sculpture upon approval of the design by the Department of Revenue and the artist. The special license plates shall be issued only upon proof of payment of the current registration fees. The special plates shall be in lieu of the regular number plates issued for the motor vehicle pursuant to § 32-5-98 . Annual renewal of these special plates shall be in accordance with the general provisions of this chapter.

Source: SL 2017, ch 131, § 1.
S.D. Codified Laws § 32-17-45 — SD Code / Title 32 / Chapter 17 / Section 32-17-45
Red and blue lights authorized for law enforcement officers
Status: in_force

Any law enforcement officer may operate a police vehicle with a combination of red lights as provided by § 32-31-4 and blue lights as described in § 32-17-42 .

Source: SL 1993, ch 233, § 1.
S.D. Codified Laws § 32-40-20 — SD Code / Title 32 / Chapter 40 / Section 32-40-20
Insurer has no duty to defend or indemnify excluded claim
Status: in_force

Any motor vehicle insurer that excludes the coverage described in § 32-40-8 or 32-40-9 has no duty to defend or indemnify any claim expressly excluded by the policy. Nothing in this chapter invalidates or limits an exclusion contained in a policy including any policy in use or approved for use in this state prior to the enactment of this chapter that excludes coverage for vehicles used to carry persons or property for a charge or available for hire by the public.

Source: SL 2016, ch 167, § 20.
S.D. Codified Laws § 32-36-8 — SD Code / Title 32 / Chapter 36 / Section 32-36-8
Notice to owner and lien holders after removal--Contents--Form--Publication of notice--Violation as misdemeanor
Status: in_force

Within forty - five days after any abandoned or junk motor vehicle, any wrecked vehicle as provided by § 32-30-14 , or any impounded vehicle, or other scrap metal has been removed, the removal agency shall send written notice by certified mail to the registered owner, if any, of the abandoned or junk motor vehicle, wrecked vehicle, or scrap metal and to all readily identifiable lien holders of record at their last known address. If the removal agency does not give notice within ten days from the date of removal, no storage may be charged beyond the ten - day period until the notice is mailed. The notice shall set forth the date and place of the taking, the year, the make, model and serial number of the abandoned or wrecked motor vehicle and the place where the vehicle is being held, and shall inform the owner and any lien holders of their right to reclaim the vehicle under § 32-36-9 . The notice shall be on a form provided by the Department of Revenue.

If it is impossible to determine with reasonable certainty the identity and address of the registered owner and all lien holders, the notice shall be published once in a newspaper of general circulation in the area where the motor vehicle was abandoned or wrecked. Published notices may be grouped together for convenience and economy.

A violation of this section is a Class 2 misdemeanor.

Source: SL 1972, ch 197, § 5 (4); SL 1985, ch 268, § 7; SL 1987, ch 245, § 3; SL 1990, ch 158, § 4; SL 1994, ch 264, § 5; SL 1998, ch 195, § 4.
S.D. Codified Laws § 32-12A-56 — SD Code / Title 32 / Chapter 12A / Section 32-12A-56
Out-of-service order violation--Driver--Penalty
Status: in_force

In addition to disqualification, a driver who is convicted of violating an out-of-service order pursuant to § 32-12A-8.1 is subject to a civil penalty of not less than three thousand nine hundred and sixty-one dollars for a first conviction and not less than seven thousand nine hundred and twenty-four dollars for a second or subsequent conviction.

Source: SL 1996, ch 201, § 12; SDCL § 32-12-122; SL 2001, ch 171, § 115; SL 2005, ch 167, § 30; SL 2010, ch 161, § 14; SL 2022, ch 95, § 6; SL 2023, ch 103, § 3; SL 2025, ch 126, § 2.
S.D. Codified Laws § 32-7A-9 — SD Code / Title 32 / Chapter 7A / Section 32-7A-9
Time for grant or denial of license--Issuance of certificate--Form
Status: in_force

The Department of Revenue shall grant or deny the application for a license under this chapter within thirty days after the filing of the application. If the application is granted, the department shall license the applicant as a mobile home and manufactured home dealer or manufacturer for the remainder of the calendar year. Moreover, the department shall design and issue a certificate of license containing a distinguishing number of identification for the dealer or manufacturer.

Source: SL 1984, ch 223, § 9; SL 2004, ch 17, § 101; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-7A-23 — SD Code / Title 32 / Chapter 7A / Section 32-7A-23
Application for injunction--Issuance without bond
Status: in_force

In addition to the remedies provided in this chapter, the department may make application to any circuit court of this state to grant a temporary or permanent injunction, restraining any person from acting as a manufactured home or mobile home dealer under the terms of this chapter without being properly licensed hereunder, from violating or continuing to violate any of the provisions of this chapter or chapter 32-3 or 32-5 or for failing or refusing to comply with the requirements of this chapter or chapter 32-3 or 32-5 or any rules adopted thereunder. Such injunction shall be issued without bond. A single act in violation of the provisions of this chapter or of chapter 32-3 or 32-5 , is sufficient to authorize the issuance of an injunction.

Source: SL 1986, ch 251, § 18.
S.D. Codified Laws § 32-12-17.13 — SD Code / Title 32 / Chapter 12 / Section 32-12-17.13
Social security number on driver license or nondriver identification card prohibited
Status: in_force

No driver license or nondriver identification card issued after June 30, 2005, may contain the social security number of the licensee.

Source: SL 2005, ch 166, § 1.
S.D. Codified Laws § 32-7A-14.1 — SD Code / Title 32 / Chapter 7A / Section 32-7A-14.1
Power of secretary to make rules and require uniformity in administration of statute--Duty of local officials
Status: in_force

The secretary of revenue may adopt rules and issue such instructions as may be necessary to ensure and obtain uniformity in the administration of this chapter.

All local officials charged with the administration of the provisions of such chapter are governed in their official acts by the rules promulgated by the secretary.

Source: SDC 1939, § 44.0213; SL 1982, ch 18, § 9; SDCL § 32-3-55 ; SL 2004, ch 17, § 104; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-39-1 — SD Code / Title 32 / Chapter 39 / Section 32-39-1
Agricultural equipment manufacturer--Warranty procedure
Status: in_force

Every manufacturer of agricultural equipment, as exempted from registration and licensing by §§ 32-5-1.3 and 32-5-1.4 , shall properly fulfill any warranty agreement and fairly compensate, as provided in § 32-39-2 , each of its dealers for labor, parts, and transportation of equipment. The manufacturer shall pay all claims made by a dealer for such labor, parts, and transportation of equipment within thirty days following their approval. The manufacturer shall either approve or disapprove the claim within thirty days after its receipt. If a claim is disapproved, the dealer who submitted it shall be notified in writing of its disapproval within the thirty - day period. Any claim rejected for technical reasons may be put into proper form by the dealer and resubmitted by the dealer within thirty days. Any claim not specifically disapproved in writing within thirty days after the receipt of the claim is deemed to be approved and payment shall be made within thirty days. The manufacturer may audit the claims for one year after payment and may charge back to the dealer the amount of any false or fraudulent claim.

Source: SL 1998, ch 173, § 1.
S.D. Codified Laws § 32-40-4 — SD Code / Title 32 / Chapter 40 / Section 32-40-4
Persons prohibited from acting as transportation network company drivers
Status: in_force

A transportation network company may not knowingly allow to act as a transportation network company driver on the transportation network company's digital network a person:

(1) Who has received judgments for more than three moving traffic violations in the preceding three years, or at least one violation involving reckless driving or driving on a suspended or revoked license in the preceding three years;

(2) Who has been convicted in the preceding seven years of a felony;

(3) Who has been convicted in the preceding seven years of a misdemeanor involving:

(a) Resisting a law enforcement officer;

(b) Dishonesty;

(c) Injury to a person;

(d) Operating a motor vehicle while intoxicated;

(e) Operating a motor vehicle in a manner that endangers a person;

(f) Operating a motor vehicle with a suspended or revoked driver license; or

(g) Damage to the property of another person;

(4) Who is a match in the state or national sex offender registry; or

(5) Who is unable to provide information required under § 32-40-3 .

Source: SL 2016, ch 167, § 4.
S.D. Codified Laws § 32-5-187 — SD Code / Title 32 / Chapter 5 / Section 32-5-187
Electric bicycle exempt from chapter
Status: in_force

An electric bicycle, as defined in § 32-20B-9 , is exempt from this chapter.

Source: SL 2019, ch 135, § 10.
S.D. Codified Laws § 32-22-42.14 — SD Code / Title 32 / Chapter 22 / Section 32-22-42.14
Rules authorizing operation of triple trailer combinations under single trip permit
Status: in_force

The transportation commission may promulgate rules pursuant to chapter 1-26 to authorize the movement of triple trailer combinations over state highways under the authority of a single trip permit. The rules shall establish the maximum trailer and overall vehicle lengths, maximum weight and speed limits, licensing requirements, routes authorized under the permit, method of permit issuance and permit fees.

Source: SL 1988, ch 263, § 1.
S.D. Codified Laws § 32-2-12 — SD Code / Title 32 / Chapter 2 / Section 32-2-12
General duties of division
Status: in_force

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.
S.D. Codified Laws § 32-3A-31 — SD Code / Title 32 / Chapter 3A / Section 32-3A-31
Forms to implement large boat provisions
Status: in_force

The department shall prescribe and provide suitable forms for applications, certificate of title, notices of security interests, and all other notices and forms necessary to implement §§ 32-3A-20 to 32-3A-32 , inclusive.

Source: SL 1991, ch 362, § 16; SDCL 42-8-83; SL 1998, ch 74, § 18.
S.D. Codified Laws § 32-11-7 — SD Code / Title 32 / Chapter 11 / Section 32-11-7
Counties with unorganized territory--Use of funds
Status: in_force

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 unorganized portion of the county.

Source: SDC 1939, § 44.0118 (3) (b); SL 1939, ch 170; SL 1949, ch 163, § 2; SL 1993, ch 229, § 2; SL 2011, ch 143, § 1.
S.D. Codified Laws § 32-35-79 — SD Code / Title 32 / Chapter 35 / Section 32-35-79
Binder as fulfilling requirements
Status: in_force

Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for such a policy.

Source: SL 1957, ch 212, § 51; SDC Supp 1960, § 44.03A51 (11).
S.D. Codified Laws § 32-15-28 — SD Code / Title 32 / Chapter 15 / Section 32-15-28
Steering system requirements--Violation as petty offense
Status: in_force

No person may operate a motor vehicle required to be registered in this state which has an unloaded weight of six thousand pounds or less, other than a motorcycle, on a public highway unless the steering system complies with the following requirements:

(1) No steering components may extend below the wheel rims in their lowest position;

(2) The steering system shall remain unobstructed when turned from lock to lock;

(3) The steering wheel may have not less than two turns or more than six turns when turning the road wheels from lock to lock;

(4) When the motor vehicle is in a sharp turn at a speed between five and fifteen miles per hour, release of the steering wheel shall result in a distinct tendency for the vehicle to increase its turning radius;

(5) The vehicle shall be capable of traversing a slalom type path passing alternately to the left and right of at least four cones or markers arranged in a straight line spaced sixty feet apart on a dry hard flat surface free from loose material, at a minimum velocity of twenty - five miles per hour.

A violation of this section is a petty offense.

Source: SL 1977, ch 260, § 1 (1) to (4), (7); SL 1989, ch 255, § 39.
S.D. Codified Laws § 32-12-3 — SD Code / Title 32 / Chapter 12 / Section 32-12-3
Contents of application--Certification
Status: in_force

Every application under this chapter shall state the full legal name or any other name taken for lawful purposes, date of birth, social security number, sex, and current mailing address and residential address of the applicant, and briefly describe the applicant. The applicant shall state whether he has previously been licensed as an operator, and, if so, when and by what state or country, and whether an application has ever been refused, and, if so, the date of and reason for such suspension, revocation, or refusal. All applicants shall certify the information provided as true and correct.

Source: SL 1959, ch 261, § 5; SDC Supp 1960, § 44.03B05 (2); SL 1974, ch 217; SL 1983, ch 239, § 1; SL 1989, ch 267, § 38; SL 1991, ch 252, § 1.
S.D. Codified Laws § 32-10-10 — SD Code / Title 32 / Chapter 10 / Section 32-10-10
Administrator's authority to examine laws of foreign jurisdiction to determine local benefits
Status: in_force

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 in such other jurisdiction, or to the owners or operators of such vehicles, which shall, in the judgment of best interests of this state and the citizens thereof and which shall be fair and equitable to this state and the citizens thereof, and all of the same shall be determined on the basis and recognition of the benefits which accrue to the economy of this state from the free flow of commerce.

Source: SL 1961, ch 237, § 6.
S.D. Codified Laws § 32-10-3.2 — SD Code / Title 32 / Chapter 10 / Section 32-10-3.2
Promulgation of rules for staggered registration system
Status: in_force

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.
S.D. Codified Laws § 32-6B-37 — SD Code / Title 32 / Chapter 6B / Section 32-6B-37
Dealer's car auction agency--Records required
Status: in_force

Every auction agency shall keep such books, records, and files as prescribed by the department. A record shall be kept of every vehicle offered for sale by or through the agency, including the serial or identification numbers, odometer information, and a description of the vehicle and the name, address, and license number of the vehicle dealer who owns the vehicle. If the vehicle is sold, the name, address, and license number of the vehicle dealer purchasing the vehicle and the price for which it is sold shall be recorded and maintained.

Source: SL 1986, ch 250, § 38; SL 1991, ch 244.
S.D. Codified Laws § 32-30-11.4 — SD Code / Title 32 / Chapter 30 / Section 32-30-11.4
Unauthorized parking or stopping in designated space as misdemeanor--Fine
Status: in_force

The owner of any vehicle not displaying a serially numbered certificate or special license plate parked or stopped in a parking space, or blocking a parking space, on public or private property designated as reserved for a person with a physical disability commits a Class 2 misdemeanor. The court shall assess a fine of not less than one hundred dollars if the parking space is marked in accordance with the Americans With Disabilities Act accessibility guidelines as of January 1, 2002.

Source: SL 1978, ch 236, § 1; SL 1979, ch 204, § 4; SL 1992, ch 158, § 97; SL 1992, ch 229, § 1; SL 2002, ch 149, § 9.
S.D. Codified Laws § 32-5-170 — SD Code / Title 32 / Chapter 5 / Section 32-5-170
Fee for emblem specialty plates
Status: in_force

If the emblem specialty plates are requested at the time of initial application for title and registration of the vehicle, no additional fees are charged for the plates above the costs involved in registering the motor vehicle. If the emblem specialty plates are requested later or if the motor vehicle has current South Dakota plates, the owner shall surrender the current plates and pay a ten dollar fee for the emblem specialty plates. All fees collected under this section shall be placed in the license plate revolving fund.

Source: SL 2014, ch 143, § 4.
S.D. Codified Laws § 32-6E-12 — SD Code / Title 32 / Chapter 6E / Section 32-6E-12
Hearing on objection to notice--Franchisor's burden of proof
Status: in_force

Upon a hearing conducted pursuant to the provisions of chapter 1-26 , the franchisor has the burden of proof to establish that cause exists to terminate or not continue the franchise or to enter into a franchise establishing an additional dealership.

Source: SL 1994, ch 248, § 12.
S.D. Codified Laws § 32-5-80 — SD Code / Title 32 / Chapter 5 / Section 32-5-80
Registration of motorcycles
Status: in_force

Applications for the registration of motorcycles shall be made to the county treasurer in the manner provided in §§ 32-5-2 and 32-5-3 and shall be forwarded to the secretary who shall register the same.

Source: SDC 1939, § 44.0105; SL 1943, ch 156, § 1; SL 1949, ch 162, § 1; SL 1955, ch 155; SL 1989, ch 257, § 77.
S.D. Codified Laws § 32-6B-85 — SD Code / Title 32 / Chapter 6B / Section 32-6B-85
Civil action for injunction and damages
Status: in_force

Notwithstanding the terms of any vehicle dealer agreement or waiver to the contrary, any vehicle dealer whose business or property is injured, or is about to be injured, by any violation of §§ 32-6B-45 to 32-6B-83 , inclusive, may bring a civil action to enjoin any such violation, without having to prove irreparable injury, and to recover actual damages sustained, together with costs, disbursements, and reasonable attorney fees.

Source: SL 2010, ch 156, § 20, eff. Mar. 9, 2010.
S.D. Codified Laws § 32-3A-48 — SD Code / Title 32 / Chapter 3A / Section 32-3A-48
Duties of county treasurer
Status: in_force

The county treasurer shall assist in the administration of this chapter and perform such duties in connection therewith as may be required by the secretary.

Source: SL 1993, ch 322, § 34; SDCL 42-8-100; SL 2003, ch 160, § 13.
S.D. Codified Laws § 32-26-1 — SD Code / Title 32 / Chapter 26 / Section 32-26-1
Use of right half of highway required--Slow-moving vehicles--Overtaking and passing excepted--Violation as misdemeanor
Status: in_force

Upon all highways of sufficient width, except upon one - way streets, the driver of a vehicle shall drive the same upon the right half of the highway and shall drive a slow - moving vehicle as closely as possible to the right - hand edge or curb of such highway, unless it is impracticable to travel on such side of the highway and except when overtaking and passing another vehicle subject to the limitations applicable in overtaking and passing set forth in §§ 32-26-26 to 32-26-39 , inclusive. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0309; SL 1989, ch 255, § 141.
S.D. Codified Laws § 32-5-182 — SD Code / Title 32 / Chapter 5 / Section 32-5-182
Contents of application for special interest motor vehicle plate--Renewal
Status: in_force

An application for a special interest motor vehicle license plate, as provided for in § 32-5-179 , shall include a signed affidavit wherein the applicant attests to the following:

(1) The motor vehicle for which the special interest motor vehicle license plate is sought is driven less than seven thousand five hundred miles per year;

(2) The motor vehicle for which the special interest motor vehicle license plate is sought is not used for general or commercial transportation, but rather for occasional transportation, public displays, parades, and related pleasure or hobby activities; and

(3) The current reading on the odometer of the special interest motor vehicle.

The secretary may, at any time, require an applicant to provide additional information to determine if the applicant meets the special interest motor vehicle license plate requirements.

An applicant shall annually, at the time of registration renewal, submit the current odometer reading of the special interest motor vehicle. If an applicant fails to provide this information the registration may not be renewed.

Source: SL 2016, ch 158, § 4; SL 2018, ch 183, § 2.
S.D. Codified Laws § 32-28-12 — SD Code / Title 32 / Chapter 28 / Section 32-28-12
Control without signs where not required
Status: in_force

Whenever a particular section of this chapter does not state that signs are required, such section shall be effective even though no signs are erected or in place.

Source: SL 1963, ch 274, § 1.
S.D. Codified Laws § 32-6E-2 — SD Code / Title 32 / Chapter 6E / Section 32-6E-2
Termination of franchise--Hearing
Status: in_force

No franchisor may terminate or refuse to continue any franchise unless the franchisor has first established in a hearing held under the provisions of chapter 1-26 , that:

(1) The franchisor has cause for termination or noncontinuance; and

(2) Upon termination or noncontinuance, another franchise in the same line/make will become effective in the same community without diminution of the snowmobile service formerly provided or that the community cannot be reasonably expected to support such a dealership.

Source: SL 1994, ch 248, § 2.
S.D. Codified Laws § 32-35-109 — SD Code / Title 32 / Chapter 35 / Section 32-35-109
Giving forged or unauthorized proof as misdemeanor
Status: in_force

Any person who shall forge, or, without authority, sign any evidence of proof of financial responsibility for the future, or who files or offers for filing any such evidence of proof knowing or having reason to believe that it is forged or signed without authority, shall be guilty of a Class 1 misdemeanor.

Source: SL 1957, ch 212, § 66; SDC Supp 1960, § 44.9943.
S.D. Codified Laws § 32-14-2 — SD Code / Title 32 / Chapter 14 / Section 32-14-2
Applicability to drivers of publicly owned vehicles--Exceptions
Status: in_force

The provisions of chapters 32-14 to 32-19 , inclusive, and of chapters 32-22 to 32-34 , inclusive, applicable to the drivers of vehicles upon the highways, shall apply to the drivers of all vehicles owned or operated by this state or any county, municipality, district, or any other political subdivision of the state subject to such specific exceptions as are set forth in said chapters.

Source: SDC 1939, § 44.0333; SL 1992, ch 60, § 2.
S.D. Codified Laws § 32-12A-11.4 — SD Code / Title 32 / Chapter 12A / Section 32-12A-11.4
English language proficiency--Promulgation of rules
Status: in_force

The department shall promulgate rules, in accordance with chapter 1-26 , to determine whether an applicant meets the English language proficiency requirement set forth in § 32-12A-11.1 by, at a minimum, administering all knowledge and skills tests in English.

Source: SL 2026, ch 134, § 5.
S.D. Codified Laws § 32-7B-10 — SD Code / Title 32 / Chapter 7B / Section 32-7B-10
Issuance of dealer plates--Fees--Disposition of fees
Status: in_force

The department shall issue boat dealer license plates made of a durable material to licensed dealers upon application and payment of twenty dollars for each set desired. The fees collected shall be deposited in the state motor vehicle fund.

Source: SL 1998, ch 185, § 10.
S.D. Codified Laws § 32-6D-6 — SD Code / Title 32 / Chapter 6D / Section 32-6D-6
Civil action against manufacturer
Status: in_force

A consumer sustaining damages as a proximate consequence of the failure by a manufacturer to perform its obligations imposed under this chapter may bring a civil action against the manufacturer to enforce the provisions of this chapter. Prior to the commencement of any such proceeding a consumer shall give notice of a nonconforming condition by certified mail to the manufacturer and demand correction or repair of the nonconforming condition. If at the time the notice of a nonconforming condition is given to the manufacturer, a presumption has arisen that reasonable attempts to correct a nonconforming condition have been allowed, the manufacturer shall be given a final opportunity to cure the nonconforming condition. The manufacturer shall within seven calendar days of receiving the written notice of nonconforming condition notify the consumer of a reasonably accessible repair facility. After delivery of the new vehicle to the authorized repair facility by the consumer, the manufacturer shall attempt to correct the nonconforming condition and conform the vehicle to the express warranty within a period not to exceed fourteen calendar days. If a manufacturer has established an informal dispute settlement procedure conducted within the state which is in compliance with federal rules and regulations, a consumer shall first exhaust any remedy afforded to the consumer under the informal dispute procedure of the manufacturer before a cause of action may be instituted under the provisions of this chapter.

Source: SL 1993, ch 227, § 6.
S.D. Codified Laws § 32-3-51.6 — SD Code / Title 32 / Chapter 3 / Section 32-3-51.6
Rebuilt title
Status: in_force

Any motor vehicle, trailer, or semitrailer, whose title has been marked by this state or another state or jurisdiction as rebuilt or with any other similar brand approved for highway use shall only receive a rebuilt title.

Source: SL 1988, ch 238, § 4.
S.D. Codified Laws § 32-26-41 — SD Code / Title 32 / Chapter 26 / Section 32-26-41
Minimum distance between trucks or towed vehicles--Exception for overtaking--Violation as misdemeanor
Status: in_force

The driver of any motor truck or motor vehicle drawing another vehicle when traveling upon a highway outside of a business or residence district, and which is following another motor truck or motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy such space without danger. However, a motor truck or motor vehicle is not prevented from drawing another vehicle from overtaking and passing any like vehicle or other vehicle. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0315; SL 1953, ch 231; SL 1955, ch 170; SL 1970, ch 175, § 20; SL 1989, ch 255, § 178.
S.D. Codified Laws § 32-3A-38.3 — SD Code / Title 32 / Chapter 3A / Section 32-3A-38.3
Damage disclosure statement to be part of title history
Status: in_force

The department shall retain each damage disclosure statement received. The statement shall become part of the title history available to the public.

Source: SL 2004, ch 203, § 3; SL 2015, ch 157, § 15.
S.D. Codified Laws § 32-25-18 — SD Code / Title 32 / Chapter 25 / Section 32-25-18
Special speed limits for bridges--Posting signs--Violation of posted speed limit as misdemeanor--Established speed as conclusive maximum safe speed
Status: in_force

The transportation commission upon request from any local authorities shall, or upon its own initiative may, conduct an investigation of any public bridge, causeway, or viaduct, and if it finds that such structure cannot with safety to itself withstand vehicles traveling at the speed otherwise permissible under this chapter, the commission shall determine and declare the maximum speed of vehicles which such structure can withstand and shall cause or permit suitable signs stating such maximum speed to be erected and maintained before each end of such structure. Violating such posted speed limits is a Class 2 misdemeanor.

The findings and determination of the commission shall be conclusive evidence of the maximum speed which can with safety to any such structure be maintained thereon.

Source: SDC 1939, § 44.0307; SL 1980, ch 211, § 8; SL 1989, ch 255, § 234.
S.D. Codified Laws § 32-11-36 — SD Code / Title 32 / Chapter 11 / Section 32-11-36
Local government transportation technology transfer special revenue fund created--Purpose--Disposition of unused funds
Status: in_force

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 local government transportation technology transfer special revenue fund is continuously appropriated to the secretary of transportation to carry out the purpose of the technology transfer service and match federal funding or funding from any other programs. Any funds not lawfully expended or obligated by June thirtieth of each fiscal year for the technology transfer program shall revert to the local government highway and bridge fund.

Source: SL 1991, ch 251, § 1.
S.D. Codified Laws § 32-3A-52 — SD Code / Title 32 / Chapter 3A / Section 32-3A-52
Exemptions from excise tax
Status: in_force

Exempt from the provisions of § 32-3A-50 are:

(1) Any large boat which is the property of the governmental units which are exempted from motor vehicle registration fees by §§ 32-5-42 and 32-5-42.1 ;

(2) Any large boat acquired by inheritance or bequest;

(3) Any large boat previously titled or licensed jointly in the names of two or more persons and subsequently transferred without consideration to one or more of such persons;

(4) Any large boat transferred without consideration between spouses, between a parent and child, and between siblings;

(5) Any large boat transferred pursuant to any mergers or consolidations of corporations or limited liability companies, or plans of reorganization by which substantially all of the assets of a corporation or limited liability company are transferred if the large boat was previously titled, licensed, and registered in this state;

(6) Any large boat transferred by a subsidiary corporation or limited liability company to its parent corporation or limited liability company for no or nominal consideration or in sole consideration of the cancellation or surrender of the subsidiary's stock if the large boat was previously titled, licensed, and registered in this state;

(7) Any large boat transferred between an individual and a corporation if the individual and the owner of the majority of the capital stock of the corporation are one and the same, or any large boat transferred between an individual and a limited liability company if the individual and the majority member of the limited liability company are one and the same, and if the large boat was previously titled and registered in this state;

(8) Any large boat transferred between a corporation or limited liability company and its stockholders, members, or creditors if to effectuate a dissolution of the corporation or limited liability company it is necessary to transfer the title from the corporate entity or limited liability company to the stockholders, members, or creditors and if the large boat was previously titled and registered in this state;

(9) Any large boat transferred between an individual and limited or general partnership if the individual and the owner of the majority interest in the partnership are one and the same person and if the large boat was previously titled and registered in this state;

(10) Any large boat transferred to effect a sale of all or substantially all of the assets of the business entity if the large boat was previously titled and registered in this state;

(11) Any large boat acquired by a secured party or lien holder in satisfaction of a debt;

(12) Any large boat sold or transferred which is eleven or more years old and which is sold or transferred for two thousand five hundred dollars or less before trade-in;

(13) Any damaged large boat transferred to an insurance company in the settlement of an insurance claim;

(14) Any large boat owned by a former resident of this state who returns to the state and who had previously paid excise tax to this state on the large boat as evidenced within the department's records or by submission of other acceptable proof of payment of such tax;

(15) Any large boat transferred between corporations, both subsidiary and nonsubsidiary, if the individuals who hold a majority of stock in the first corporation also hold a majority of stock in the second corporation; but these individuals need not hold the same ratio of stock in both corporations and if the large boat was previously titled and registered in this state;

(16) Any large boat transferred between limited liability companies, both subsidiary and nonsubsidiary, if the individuals who hold a majority interest in the first limited liability company also hold a majority interest in the second limited liability company and if the large boat was previously titled, licensed, and registered in this state; and

(17) Any large boat transferred by a trustor to a trustee or from a trustee to a beneficiary of a trust.

Source: SL 1993, ch 102, § 3; SL 1994, ch 335, § 5; SDCL § 10-60-3; SL 2001, ch 163, § 8; SL 2014, ch 138, § 3; SL 2014, ch 139, § 1; SL 2016, ch 153, § 1.
S.D. Codified Laws § 32-10-29 — SD Code / Title 32 / Chapter 10 / Section 32-10-29
Suspension or cancellation of benefits to violating carrier
Status: in_force

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, arrangements, or declarations or a violation of the laws of this state relating to motor vehicles or rules and regulations lawfully promulgated thereunder.

Source: SL 1961, ch 237, § 21.
S.D. Codified Laws § 32-9-23.2 — SD Code / Title 32 / Chapter 9 / Section 32-9-23.2
Application to pay alternative fee
Status: in_force

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.

Source: SL 1971, ch 197, § 2; SL 1977, ch 249, § 36; SL 1980, ch 217, § 3; SL 1988, ch 251, § 6; SL 2000, ch 140, § 4; SL 2004, ch 17, § 115.
S.D. Codified Laws § 32-5A-3 — SD Code / Title 32 / Chapter 5A / Section 32-5A-3
Payment by purchaser of vehicle--Dealers exempt
Status: in_force

Upon purchasing a vehicle from a dealer, the purchaser shall pay the appropriate tax at the time of title transfer. Nothing in this chapter shall prevent an automobile dealer from licensing the vehicles on his lot without paying any taxes created by this chapter.

Source: SL 1985, ch 248, § 4.
S.D. Codified Laws § 32-10-3 — SD Code / Title 32 / Chapter 10 / Section 32-10-3
Authority of department to execute agreements, arrangements or declarations--Rules
Status: in_force

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, before they will be executed. The secretary of revenue may adopt reasonable and necessary rules to provide for registration of commercial vehicles involved in multi-jurisdiction commerce as follows:

(1) Cab card fees;

(2) Transfer of credits or refunds;

(3) Revocation of license;

(4) Collection and distribution of fees for other jurisdictions;

(5) Reciprocal agreements with other jurisdictions affecting interstate movement of vehicles.

Source: SL 1961, ch 237, § 3; SL 1966, ch 139; SL 1972, ch 176; SL 1975, ch 203; SL 1982, ch 18, § 20; SL 2004, ch 17, § 121; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-5-121 — SD Code / Title 32 / Chapter 5 / Section 32-5-121
Special firefighter or advanced life support personnel plates--Transfer
Status: in_force

If at any time a motor vehicle subject to the special number plates issued for the firefighter, advanced life support personnel, or emergency medical technician is sold, conveyed, or otherwise transferred by the firefighter, advanced life support personnel, or emergency medical technician to whom the special number plates have been issued, the firefighter, advanced life support personnel, or emergency medical technician must notify the department. The department shall process a new registration indicating that the special plates issued to the motor vehicle must be transferred. The secretary shall make the necessary changes in the file. The department shall notify the applicant of any corrections that need to be made.

Source: SL 1989, ch 261, § 9; SL 2004, ch 17, § 67; SL 2007, ch 173, § 44, eff. July 1, 2008; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2024, ch 109, § 6, eff. Mar. 1, 2025.
S.D. Codified Laws § 32-12A-4 — SD Code / Title 32 / Chapter 12A / Section 32-12A-4
Holder of commercial learner's permit or driver license to notify department and employer of conviction for violation of motor vehicle traffic law--Prior employment history to be furnished employer
Status: in_force

Any driver holding a commercial learner's permit or commercial driver license issued by the state, who is convicted of violating any state law or local ordinance of any other state, or federal, provincial, territorial, or municipal law of Canada, relating to motor vehicle traffic control other than parking violations, shall notify the department in the manner specified by the department within thirty days of the date of conviction.

Any driver holding a commercial learner's permit or commercial driver license issued by the state, who is convicted of violating any state law or local ordinance of any other state, or federal, provincial, territorial, or municipal law of Canada, relating to motor vehicle traffic control other than parking violations, shall notify that person's employer in writing of the conviction within thirty days of the date of conviction.

Any driver whose commercial learner's permit or commercial driver license is suspended, revoked, or cancelled by any state, or who loses the privilege to drive a commercial motor vehicle in any state for any period, including being disqualified from driving a commercial motor vehicle, or who is subject to an out-of-service order, shall notify that person's employer of such fact before the end of the business day following the day the driver received notice of that fact.

Any person who applies to be a commercial motor vehicle driver shall provide the employer, at the time of the application, with the following information for the ten years preceding the date of application:

(1) A list of the names and addresses of the applicant's previous employers for which the applicant was a driver of a commercial motor vehicle;

(2) The dates between which the applicant drove for each employer; and

(3) The reason for leaving each employer. The applicant shall certify that all information furnished is true and complete. An employer may require an applicant to provide additional information.

Source: SL 1989, ch 267, § 3; SDCL § 32-12-80; SL 2001, ch 171, §§ 74, 115; SL 2015, ch 168, § 3.
S.D. Codified Laws § 32-12A-57 — SD Code / Title 32 / Chapter 12A / Section 32-12A-57
Out-of-service order violation--Employer--Penalty
Status: in_force

The state's attorney for the county in which the violation of subdivision 32-12A-5 (3) occurs shall commence a civil in rem proceeding of not less than seven thousand one hundred and fifty-five dollars and not more than thirty-nine thousand six hundred and fifteen dollars against the employer.

Source: SL 1996, ch 201, § 13; SDCL § 32-12-123; SL 2001, ch 171, § 115; SL 2005, ch 167, § 31; SL 2010, ch 161, § 15; SL 2023, ch 103, § 4; SL 2025, ch 126, § 3.
S.D. Codified Laws § 32-3-51.11 — SD Code / Title 32 / Chapter 3 / Section 32-3-51.11
Retention of damage disclosure statement by department--Part of title history
Status: in_force

The department shall retain each damaged disclosure statement received. The statement shall become part of the title history available to the public pursuant to § 32-3-30.2 .

Source: SL 1988, ch 238, § 7.
S.D. Codified Laws § 32-5-157.1 — SD Code / Title 32 / Chapter 5 / Section 32-5-157.1
Disabled veteran--Lower fees for plates, renewal decals, registration
Status: in_force

A disabled veteran may obtain standard issue county motor vehicle or motorcycle license plates in lieu of disabled veteran plates if the disabled veteran meets the requirements listed in §§ 32-5-156 and 32-5-157 . A disabled veteran who obtains plates pursuant to this section shall pay fees according to § 32-5-160 .

Source: SL 2024, ch 112, § 1.
S.D. Codified Laws § 32-5-16.7 — SD Code / Title 32 / Chapter 5 / Section 32-5-16.7
Penalties for transporter's, manufacturer's, or dealer's failure to obtain tax affidavit--Notification to department
Status: in_force

If a transporter of a used mobile home or manufactured home, prior to transporting, fails to obtain an affidavit from the county treasurer of the county in which the used mobile home or manufactured home is registered, stating that the current year's taxes are paid as described in §§ 10-21-36 to 10-21-39 , inclusive, or § 10-9-3 , the department shall assess a monetary penalty on the transport owner. If a manufacturer or licensed dealer, as defined in chapter 32-7A , is moving, repossessing, trading, purchasing, or receiving onto the manufacturer's or licensed dealer's lot a used mobile home or manufactured home and fails to obtain an affidavit from the county treasurer of the county in which the used mobile home or manufactured home is registered, stating that the current year's taxes are paid as described in §§ 10-21-36 to 10-21-39 , inclusive, or § 10-9-3 , the department shall assess a monetary penalty on the manufacturer or licensed dealer. The transporter or dealer who was responsible for moving the mobile or manufactured home is liable for any property taxes due the county.

The department shall levy a monetary penalty of two hundred fifty dollars for the first violation within a one-year period, five hundred dollars for the second violation within a one-year period, and one thousand dollars for each subsequent violation within a one-year period. All monetary penalties collected pursuant to this section shall be deposited in the motor vehicle fund. The county treasurer shall notify the Department of Revenue in writing of any violation for failure to obtain a tax affidavit prior to moving a mobile or manufactured home.

Source: SL 2002, ch 148, § 2; SL 2004, ch 17, § 55; SL 2005, ch 71, § 9; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-6B-76 — SD Code / Title 32 / Chapter 6B / Section 32-6B-76
Approval may not be unreasonably withheld
Status: in_force

Approval by a manufacturer or franchisor of an application filed under §§ 32-6B-73 to 32-6B-78 , inclusive, may not be unreasonably withheld. It is unreasonable for a manufacturer or franchisor to reject a prospective transferee who otherwise meets the manufacturer's or franchisor's written, reasonable, and uniformly applied standards or qualifications, if any, relating to the prospective transferee's business experience and financial qualifications.

Source: SL 2000, ch 150, § 4; SL 2002, ch 153, § 2.
S.D. Codified Laws § 32-3A-19 — SD Code / Title 32 / Chapter 3A / Section 32-3A-19
Territorial application of chapter--Identical local rules not prohibited
Status: in_force

The provisions of this chapter shall govern the operation, equipment, numbering, and all other matters relating thereto whenever any boat is operated on the waters of this state, or when any activity regulated by this chapter takes place thereon. Nothing in this chapter shall be construed to prevent the adoption of any ordinance or local law relating to operation and equipment of boats, the provisions of which are identical to the provisions of this chapter or rules promulgated pursuant to this chapter. However, any ordinance or local law shall be operative only so long as and to the extent that it is identical to provisions of this chapter or rules promulgated pursuant to this chapter.

Source: SL 1959, ch 125, § 14; SDC Supp 1960, § 25.1414 (1); SL 1994, ch 335, § 27; SDCL 42-8-62 .
S.D. Codified Laws § 32-3-30.1 — SD Code / Title 32 / Chapter 3 / Section 32-3-30.1
Odometer information on certificate--Required on sale--Falsification as felony
Status: in_force

Each certificate of title issued by the department for a motor vehicle equipped with an odometer shall contain odometer disclosure information which complies with the provisions of the Truth in Mileage Act of 1986 (Public Law 99-579) as amended as of December 4, 2015.

Upon the sale or trade - in of a motor vehicle, the owner, seller, or auctioneer shall accurately complete the odometer disclosure information contained on the vehicle's title document and, if applicable, the secured power of attorney before surrendering or transferring the title. It is a Class 6 felony to falsify any information contained within the odometer disclosure statement. The department may refuse to transfer the title or issue a new title if the owner, seller, or auctioneer does not complete the odometer disclosure information on the vehicle title.

Source: SL 1978, ch 222, § 1; SL 1985, ch 238, § 4; SL 1988, ch 236, § 8; SL 1989, ch 257, § 31; SL 1990, ch 230, § 2; SL 1993, ch 219, § 2; SL 2021, ch 125, § 3.
S.D. Codified Laws § 32-3-73 — SD Code / Title 32 / Chapter 3 / Section 32-3-73
Delivery of manufacturer's statement or certificate of origin upon sale and delivery--Default on sale--Notice--Violation as misdemeanor
Status: in_force

Any dealer, upon the sale and delivery of any new motor vehicle, shall, within forty-five days of the sale and delivery of the new motor vehicle, deliver to the purchaser the manufacturer's statement of origin or manufacturer's certificate of origin for the motor vehicle. However, notwithstanding any other provision of law, if the purchaser defaults on the terms of the sale within the forty-five day period, the seller does not have to deliver the manufacturer's statement of origin or manufacturer's certificate of origin to the purchaser. The seller shall notify the department in writing of the seller's refusal to deliver the manufacturer's statement of origin or manufacturer's certificate of origin to the purchaser within fourteen days of the purchaser's default on the terms of the sale. A violation of this section is a Class 2 misdemeanor. Any subsequent violation that occurs within two years from any violation of this section is a Class 1 misdemeanor.

Source: SL 2014, ch 138, § 4; SL 2015, ch 156, § 5.
S.D. Codified Laws § 32-12-17.1 — SD Code / Title 32 / Chapter 12 / Section 32-12-17.1
Issuance of motorcycle operator's license--Requirements
Status: in_force

Upon payment of the fee established by § 32-12-16 , the Department of Public Safety shall issue a motorcycle operator's license to each qualifying applicant. A motorcycle operator's license may be issued to a minor at least sixteen years of age but less than eighteen years of age who has successfully passed all applicable tests and completed the requirements of a motorcycle instruction permit as provided in § 32-12-11.1 and restricted motorcycle minor's permit as provided in § 32-12-12.1 , if the applicant has not been convicted of a traffic violation during the past six months, and if the applicant is not currently under suspension, revocation, or disqualification.

Source: SL 2001, ch 171, § 18; SL 2003, ch 272, §§ 23, 63; SL 2020, ch 117, § 8.
S.D. Codified Laws § 32-30-2 — SD Code / Title 32 / Chapter 30 / Section 32-30-2
Standing or parked vehicles--Remaining space required--Unobstructed view required--Violation as misdemeanor
Status: in_force

No person may park or leave standing any vehicle, whether attended or unattended, upon any highway unless a clear or unobstructed width of not less than twenty feet upon the main - traveled portion of such highway opposite such standing vehicle shall be left for free passage of other vehicles thereon, nor unless a clear view of such vehicle may be obtained from a distance of two hundred feet in each direction upon such highway. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0324; SL 1963, ch 256; SL 1989, ch 255, § 202.
S.D. Codified Laws § 32-18-1.2 — SD Code / Title 32 / Chapter 18 / Section 32-18-1.2
Fertilizer and agricultural chemical trailers exempt--Exception for new vehicles
Status: in_force

Any vehicle designed and used primarily for the distribution and application of agricultural fertilizer or chemicals, when drawn by another vehicle shall be exempt from the provisions of this chapter. However, vehicles with a gross vehicle weight of over twenty thousand pounds manufactured after July 1, 1979, shall have brakes acting on all wheels.

Source: SL 1979, ch 223, § 4.
S.D. Codified Laws § 32-15-13 — SD Code / Title 32 / Chapter 15 / Section 32-15-13
Directional turn signals required--Misdemeanor--Motorcycles and agricultural vehicles excepted
Status: in_force

It is a Class 2 misdemeanor for any person to sell or offer for sale any new motor vehicle, excepting motorcycles, farm tractors, and vehicles used primarily for the distribution and application of agricultural fertilizer or chemicals, when drawn by another vehicle, unless it is equipped with directional turn signals.

Source: SL 1953, ch 242, §§ 1, 2; SDC Supp 1960, §§ 44.03 17-1 , 44.9939; SL 1977, ch 189, § 106; SL 1979, ch 223, § 2; SL 1984, ch 228, § 1.
S.D. Codified Laws § 32-12-24 — SD Code / Title 32 / Chapter 12 / Section 32-12-24
Nonresident out-of-state licensee exempt from licensing requirement
Status: in_force

A nonresident who is at least sixteen years of age and who has in that person's immediate possession a valid operator's license or motorcycle operator's license issued by that person's home state or country may operate in this state any motor vehicle for which that person is licensed in the person's home state or country.

Source: SL 1959, ch 261, § 2; SDC Supp 1960, § 44.03B02 (2); SL 2001, ch 171, § 28.
S.D. Codified Laws § 32-15-36 — SD Code / Title 32 / Chapter 15 / Section 32-15-36
Identifying aftermarket crash parts supplied by nonoriginal manufacturer
Status: in_force

Any aftermarket crash part supplied by a nonoriginal equipment manufacturer for use in this state shall have affixed thereto or inscribed thereon the logo or name of its manufacturer. The manufacturer's logo or name shall be visible after installation if practicable.

Any violation of this section shall be enforced through the provisions of chapter 58-33 and shall be enforced by the penalties provided for in chapter 58-33 .

Source: SL 1990, ch 408, § 2.
S.D. Codified Laws § 32-9-17.2 — SD Code / Title 32 / Chapter 9 / Section 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
Status: in_force

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 has made a materially false statement on the application, or if the motor carrier's business is operated, managed, or otherwise controlled or affiliated with a person who is ineligible for registration, including the applicant, owner, relative, corporate officer, or shareholder. The department shall deny registration for a vehicle assigned to a motor carrier that has been taken out of service by the Federal Motor Carrier Safety Administration for safety reasons, or a carrier whose business is operated, managed, or otherwise controlled or affiliated with a person who is ineligible for registration, including the applicant, owner, relative, corporate officer, or shareholder.

The term, relative, as used in this section, means husband, wife, son, daughter, brother, sister, father, mother, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, or daughter-in-law.

If the prohibition by the Federal Motor Carrier Safety Administration is rescinded, the department or its agent may issue a registration, license plate, permit, or a certificate of title to the vehicle provided all other taxes and fees have been paid to the department.

Source: SL 2010, ch 159, § 1.
S.D. Codified Laws § 32-33-18.2 — SD Code / Title 32 / Chapter 33 / Section 32-33-18.2
Second degree eluding--Felony--License revocation
Status: in_force

Any driver of a vehicle who, after failing or refusing to bring a vehicle to a stop pursuant to § 32-33-18 , flees from a law enforcement officer or attempts to elude the pursuit of a law enforcement officer is guilty of second degree eluding if, at any time during the flight or pursuit, the driver operates the vehicle in a manner that constitutes an inherent risk of death or serious bodily injury to any third person.

Second degree eluding is a Class 6 felony. In addition, the court may order that the defendant's driver's license be revoked for up to one year, but may issue an order, upon proof of financial responsibility pursuant to § 32-35-43.1 , allowing the defendant to operate a vehicle for purposes of the defendant's employment, attendance at school, or counseling programs. For any subsequent second degree eluding violation, the court must order that the defendant's driver's license be revoked for five years.

Source: SL 2006, ch 171, § 3; SL 2024, ch 121, § 2.
S.D. Codified Laws § 32-5-9.3 — SD Code / Title 32 / Chapter 5 / Section 32-5-9.3
Initial registration tax on snowmobiles--Failure to pay as misdemeanor
Status: in_force

In addition to the license fee in § 32-5-9.1 , there shall be assessed on each snowmobile registered a three percent excise tax on the purchase price less trade difference. The fee and tax shall be collected pursuant to § 32-20A-15 . Failure to pay the full amount of tax due is a Class 2 misdemeanor.

Source: SL 1986, ch 244, § 1; SL 1992, ch 208, § 1.
S.D. Codified Laws § 32-28-21 — SD Code / Title 32 / Chapter 28 / Section 32-28-21
Prohibition on interstate compacts to provide information to impose or collect civil fine for violation captured by red light or speed camera
Status: in_force

The Department of Public Safety and the Division of Motor Vehicles shall not enter into any compact to provide to another state, or governmental entity located in another state, information used to impose or collect a civil fine that results from an alleged violation captured by a red light camera or speed camera.

Source: SL 2014, ch 155, § 2.
S.D. Codified Laws § 32-3-7 — SD Code / Title 32 / Chapter 3 / Section 32-3-7
Sale of secondhand vehicle--Time for delivery of certificate of title--Exception--Violation as misdemeanor
Status: in_force

Any person, upon the sale and delivery of any used or secondhand motor vehicle, shall within forty-five days thereof deliver to the purchaser a certificate of title, endorsed according to law, and issued for the vehicle by the department. However, notwithstanding any other provision of law, if the purchaser defaults on the terms of the sale within the forty-five day period, the seller does not have to deliver the certificate of title to the purchaser. The seller shall notify the department in writing of the seller's refusal to deliver title to the purchaser within fourteen days of the purchaser's default on the terms of the sale. A violation of this section is a Class 2 misdemeanor.

Source: SL 1939, ch 180, §§ 2 to 4; SL 1951, ch 232, §§ 1, 2; SDC Supp 1960, §§ 44.0702, 44.0704, 44.9938; SL 1961, ch 239; SDCL § 32-3-9 ; SL 1988, ch 236, § 3; SL 1989, ch 257, § 11; SL 1990, ch 228, § 1; SL 2001, ch 161, § 1; SL 2015, ch 156, § 1.
S.D. Codified Laws § 32-40-16 — SD Code / Title 32 / Chapter 40 / Section 32-40-16
Exclusions permitted in personal motor vehicle insurance policies
Status: in_force

Any insurer that writes motor vehicle insurance in this state may exclude any coverage afforded under the policy issued to an owner or operator of a personal vehicle for any loss or injury that occurs while a driver is logged on to a transportation network company's digital network or while a driver provides a prearranged ride. This right to exclude all coverage may apply to any coverage included in a motor vehicle insurance policy including:

(1) Liability coverage for bodily injury and property damage;

(2) Personal injury protection coverage;

(3) Uninsured and underinsured motorist coverage;

(4) Medical payments coverage;

(5) Comprehensive physical damage coverage; and

(6) Collision physical damage coverage.

Source: SL 2016, ch 167, § 16.
S.D. Codified Laws § 32-12A-28 — SD Code / Title 32 / Chapter 12A / Section 32-12A-28
Acquisition of driving record information before issuance of learner's permit or driver license
Status: in_force

Before issuing a commercial learner's permit or commercial driver license, the department shall obtain driving record information through the commercial driver license information system and the national driver register no earlier than twenty-four hours prior to issuance. Before issuing a commercial learner's permit or commercial driver license, if the information was not provided in a prior licensing cycle, the department shall request the applicant's complete driving record from all states where the applicant was previously licensed over the last ten years to drive any type of motor vehicle.

Source: SL 1989, ch 267, § 19; SL 1991, ch 252, § 10; SL 1996, ch 201, § 3; SDCL § 32-12-100 ; SL 2001, ch 171, §§ 91, 115; SL 2005, ch 167, § 16, eff. on Sept. 30, 2005; SL 2015, ch 168, § 23.
S.D. Codified Laws § 32-17-26 — SD Code / Title 32 / Chapter 17 / Section 32-17-26
Lights on other vehicles--Color and visibility--Violation as petty offense
Status: in_force

All vehicles not required in §§ 32-17-1 to 32-17-25 , inclusive, to be equipped with specified lighted lamps shall carry one or more lighted lamps or lanterns displaying a white light visible under normal atmospheric conditions from a distance of at least five hundred feet to the front and to the rear of such vehicle. A violation of this section is a petty offense.

Source: SDC 1939, § 44.0352 (12); SL 1989, ch 255, § 56.
S.D. Codified Laws § 32-20-12 — SD Code / Title 32 / Chapter 20 / Section 32-20-12
Off-road vehicles--Operation on certain lands as misdemeanor--Registration--Title certificate
Status: in_force

No person may operate on a public street or highway an off - road vehicle except for crossing from one side of the road to the other. A person twelve years of age or older may operate an off - road vehicle in a highway ditch if the vehicle is operated as close as possible to the outer edge of the highway right - of - way. However, no person may operate an off - road vehicle in a highway ditch along the interstate highway system, or operate an off - road vehicle on any lands owned, leased, or controlled by the Department of Game, Fish and Parks, or any highway ditch located within, except on a designated off - road vehicle area or designated trail, or operate an off - road vehicle in a highway ditch that is designated as part of the state snowmobile trails system pursuant to chapter 41-19 or a public bike trail. A violation of this section is a Class 2 misdemeanor.

Off - road vehicles need not be registered and licensed for use upon the highways except as provided in § 32-20-13 . Off - road vehicles shall be titled. The Department of Revenue shall issue a certificate of title for off - road vehicles the same as for other motor vehicles subject to the provisions of chapter 32-3 .

Source: SL 1985, ch 238, § 8; SL 1986, ch 259; SL 1987, ch 232; SL 1987, ch 233, § 1; SL 1989, ch 256, § 18.
S.D. Codified Laws § 32-21-28 — SD Code / Title 32 / Chapter 21 / Section 32-21-28
Requiring driver to stop and submit to inspection of vehicle
Status: in_force

The highway patrol officers under the supervision of the superintendent of the Division of Highway Patrol may upon evidence that any motor vehicle is being operated in nonconformance or in violation of any provision of chapters 32-14 to 32-19 , inclusive, or of chapters 32-22 to 32-34 , inclusive, or is in a condition that is unsafe and an endangerment to the driver, or other occupant or any person on the highway, may require the driver of the motor vehicle to stop and submit to an inspection of the motor vehicle and its equipment, license plates, and registration certificate.

Source: SL 1961, ch 147; SL 1965, ch 136; SL 1967, ch 182, § 2; SL 1979, ch 220, § 7.
S.D. Codified Laws § 32-18-30 — SD Code / Title 32 / Chapter 18 / Section 32-18-30
Distribution and service of hydraulic brake fluid
Status: in_force

Hydraulic brake fluid shall be distributed and serviced with due regard for the safety of the occupants of the vehicle and the public.

Source: SL 1967, ch 197, § 5 (b).
S.D. Codified Laws § 32-3A-49 — SD Code / Title 32 / Chapter 3A / Section 32-3A-49
Refusal or revocation of license--Notice
Status: in_force

If the secretary finds that an applicant for a certificate of title or registration of a boat is not entitled thereto, under the provisions of this chapter or the chapter which imposes tax on boats, the secretary may refuse to issue a certificate or to register such vehicles, and may for a like reason, and after notice and hearing, revoke title, license, and registration already acquired. The notice shall be served in person or by registered or certified mail.

Source: SL 1993, ch 322, § 35; SDCL 42-8-101; SL 1998, ch 74, § 25.