S.D. Codified Laws § 32-36-1 — SD Code / Title 32 / Chapter 36 / Section 32-36-1
Declaration of public interest in disposal
Status: in_force

Abandoned, derelict, and junk motor vehicles and other scrap metals constitute a hazard to the health and welfare of the people of the State of South Dakota in that such vehicles and other scrap metals can harbor noxious diseases, furnish shelter and breeding places for vermin, and present physical dangers to the safety and well - being of children and other citizens. Abandoned, derelict, and junk motor vehicles and other scrap metals also constitute a blight on the landscape of the State of South Dakota and, therefore, are a detriment to the environment. The indiscriminate abandonment and retirement of motor vehicles and other scrap metals constitute a waste of valuable sources of useful metal. It is therefore in the public interest that the present accumulation of abandoned, derelict, and junk motor vehicles and other scrap metals be eliminated, that future abandonment, dereliction, and junking of motor vehicles and other scrap metals be discouraged, that the expansion of existing scrap recycling facilities be developed, and that other acceptable and economically useful methods for the disposal of abandoned, derelict, and junk motor vehicles and other scrap metals be developed.

Source: SL 1972, ch 197, § 1.
S.D. Codified Laws § 32-12-43 — SD Code / Title 32 / Chapter 12 / Section 32-12-43
Eyesight examination required for renewal--Exception
Status: in_force

For renewal of an operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, or motorcycle instruction permit, the Department of Public Safety shall require an examination of the applicant's eyesight, except as provided pursuant to the provisions of § 32-12-43.1 .

Source: SL 1959, ch 261, § 14; SDC Supp 1960, § 44.03B14; SL 1961, ch 233; SL 1964, ch 128, § 4; SL 1980, ch 220; SL 2001, ch 171, § 39; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2014, ch 148, § 1.
S.D. Codified Laws § 32-23-4.9 — SD Code / Title 32 / Chapter 23 / Section 32-23-4.9
Punishment for sixth or subsequent offense--Mandatory sentence--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege--Supervision
Status: in_force

If a conviction for a violation of § 32-23-1 is for a sixth or subsequent offense, and the person had at least five convictions of § 32-23-1 occurring within twenty-five years of the violation being charged, and at least two of those prior convictions occurred within ten years, the violation is an aggravated offense and the person is guilty of a Class 4 felony. If a person is convicted of an aggravated offense and the person has at least five convictions of § 32-23-1 occurring within fifteen years of the violation being charged, the court must sentence the person to at least six years in a state correctional facility, one year of which must be served on parole, unless refused pursuant to § 24-15A-15 . Any term of parole must include at least one of the following: enrollment in an alcohol or drug accountability program, an ignition interlock, a breath alcohol interlock, an alcohol monitoring bracelet, or another enhanced monitoring tool. The court may suspend this sentence only if the court orders the person to participate in and complete a drug court program, DUI court program, veterans treatment court program, or mental health court program, as a condition of probation.

The court must revoke the person's driver license for a period of not less than three years from the date the sentence is imposed, or three years from the date of initial release from imprisonment, whichever is later. If the person is returned to imprisonment prior to the completion of the period of driver license revocation, time spent imprisoned does not count toward fulfilling the period of revocation. If the person is convicted of driving without a license during that period, the court must sentence the person to the county jail for not less than twenty days, which sentence may not be suspended. Notwithstanding § 23A-27-19 , the court retains jurisdiction to modify the conditions of the license revocation for the term of the revocation.

Upon the person's successful completion of a court-approved chemical dependency counseling program and proof of financial responsibility pursuant to § 32-35-113 , the court may permit the person to operate a vehicle for the purposes of employment, 24/7 sobriety testing, attendance at school, child care delivery or pickup, health appointments, attendance at court or probation appointments, or attendance at counseling programs, treatment, or aftercare.

For any person convicted under this section and placed on probation or parole, or released from prison due to a suspended sentence, the person's supervision must include at least one of the following: enrollment in an alcohol or drug accountability program, an ignition interlock, a breath alcohol interlock, an alcohol monitoring bracelet, or another enhanced monitoring tool. The Unified Judicial System shall supervise the offender if the sentence does not include a term of imprisonment in a state correctional facility. The Department of Corrections shall supervise the offender if the sentence includes a term of imprisonment in a state correctional facility. Any offender supervised pursuant to this section is not excluded from earned discharge credit as otherwise authorized by statute.

If, during the period of supervision imposed under this section, the person being supervised violates conditions, the person must be penalized according to the graduated sanctions policy as established by the Supreme Court or the Department of Corrections, respectively.

Source: SL 2013, ch 101, § 63; SL 2015, ch 170, § 1; SL 2022, ch 99, § 6; SL 2023, ch 82, § 97; SL 2023, ch 107, § 3; SL 2024, ch 120, § 6; SL 2026, ch 138, § 1.
S.D. Codified Laws § 32-12A-55 — SD Code / Title 32 / Chapter 12A / Section 32-12A-55
Restoration of revoked, suspended, or disqualified commercial learner's permit, commercial license, or driving privilege
Status: in_force

No person whose commercial learner's permit, commercial license, or privilege to drive a motor vehicle on public highways has been revoked, suspended, or disqualified may have the license or privilege renewed or restored unless the period of revocation, suspension, or disqualification has expired. The period of revocation, suspension, or disqualification shall begin on the date ordered by the court, on the date specified in the notice from the department, or on the date the suspension order is effective for failure to comply with a citation, whichever date is earlier. At the expiration of the period of revocation, suspension, or disqualification, a person may make application for license reinstatement as provided by law and shall pay a reinstatement fee, plus any application fees imposed by § 32-12A-15 . A person making application following a revocation shall fulfill all knowledge examination requirements of a new applicant. A person making application for a commercial learner's permit or commercial driver license following a disqualification shall fulfill all examination requirements of a new applicant.

Source: SL 2001, ch 171, § 110; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2015, ch 168, § 39; SL 2017, ch 135, § 5.
S.D. Codified Laws § 32-35-54 — SD Code / Title 32 / Chapter 35 / Section 32-35-54
Consent of judgment creditor to nonsuspension--Default in payment of judgment
Status: in_force

If the creditor in a judgment reported pursuant to § 32-35-52 consents in writing, in such form as the Department of Public Safety may prescribe, that the judgment debtor be allowed license and registration or nonresident's operating privilege, the same may be allowed by the department, in its discretion, for six months from the date of such consent and thereafter until such consent is revoked in writing, notwithstanding default in the payment of such judgment, or of any installments thereof prescribed in § 32-35-60 , provided the judgment debtor furnishes proof of financial responsibility.

Source: SL 1957, ch 212, § 39; SDC Supp 1960, § 44.03A39; SL 2004, ch 17, § 159.
S.D. Codified Laws § 32-7A-4.4 — SD Code / Title 32 / Chapter 7A / Section 32-7A-4.4
Hearing on question of whether violations occurred--Procedures
Status: in_force

Within twenty days after service of the order to cease and desist, the dealer may request a hearing in writing on the question of whether acts or practices in violation of this title have occurred. Any hearing shall be conducted pursuant to, and judicial review shall be available as provided by, chapter 1-26 .

Source: SL 2005, ch 162, § 22.
S.D. Codified Laws § 32-22-6 — SD Code / Title 32 / Chapter 22 / Section 32-22-6
Flagging or lighting extended loads--Violations as misdemeanors
Status: in_force

During daylight hours if the load on any vehicle extends more than four feet beyond the rear of the bed or body thereof, there shall be displayed at the end of the load in a position which is clearly visible at all times from the rear of the load a red flag not less than twelve inches both in length and width. A violation of this flagging requirement is a Class 2 misdemeanor. During the time period one - half hour after sunset and one - half hour before sunrise there shall be displayed at the end of the load a red light plainly visible under normal atmospheric conditions at least two hundred feet from the rear of the vehicle. A violation of this lighting requirement is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0340; SL 1957, ch 224; SL 1984, ch 230, § 6.
S.D. Codified Laws § 32-18-17 — SD Code / Title 32 / Chapter 18 / Section 32-18-17
Trailers with air or vacuum brakes--Automatic continuing operation--Violation as misdemeanor
Status: in_force

Every trailer, semitrailer, and pole trailer equipped with air or vacuum actuated brakes and every trailer, semitrailer, and pole trailer with a gross weight in excess of three thousand pounds, manufactured or assembled after July 1, 1967, shall be equipped with brakes acting on all wheels and of such character as to be applied automatically and promptly, and remain applied for at least fifteen minutes, upon breakaway from the towing vehicle. A violation of this section is a Class 2 misdemeanor.

Source: SL 1967, ch 197, § 1 (d); SL 1989, ch 255, § 77.
S.D. Codified Laws § 32-3-21 — SD Code / Title 32 / Chapter 3 / Section 32-3-21
Unnumbered vehicles not subject to titling--Titling by number other than vehicle identification number
Status: in_force

The department may not title or issue a license for the operation of any motor vehicle without a vehicle identification number, except, the department may authorize the titling of motor vehicles by a number other than the vehicle identification number and when so titled, the number shall be deemed the vehicle identification number whenever the term vehicle identification number is used in this chapter.

Source: SDC 1939, § 44.0212; SL 1953, ch 229; SL 1967, ch 189; SL 1989, ch 257, § 23.
S.D. Codified Laws § 32-15-17 — SD Code / Title 32 / Chapter 15 / Section 32-15-17
Exhaust system and muffler required--Exhaust location--Muffler cut-out prohibited--Misdemeanor
Status: in_force

No person may drive a motor vehicle on a highway unless the motor vehicle is equipped with an exhaust system and a muffler both in good working condition and in constant operation to prevent excessive or unusual noise.

Exhaust systems on passenger or passenger - carrying vehicles used on any highway shall discharge the exhaust fumes at a location to the rear of the vehicle body or direct the exhaust fumes outward from the side of the vehicle body at a location rearward of any operable side windows. Any motor vehicle equipped with side exhaust according to the original vehicle manufacturer specifications is exempt from the location requirements. A bus used for the purpose of carrying school children may discharge the exhaust on the left side in front of the rear axle.

Exhaust systems on property - carrying vehicles used on any highway shall discharge the exhaust fumes at a point rearward of the passenger - carrying compartment.

No person may use a muffler cut - out on any motor vehicle upon a highway.

A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0350; SL 1977, ch 189, § 107; SL 1977, ch 261; SL 1986, ch 132, § 4; SL 1989, ch 255, § 33; SL 2002, ch 157, § 1.
S.D. Codified Laws § 32-30-4.1 — SD Code / Title 32 / Chapter 30 / Section 32-30-4.1
Disabled vehicle--Officers’ authority for removal--Owner responsible for cost--Liability limited
Status: in_force

If the driver or person in charge of a disabled motor vehicle is unable to expeditiously arrange for the removal of the vehicle from the main-traveled portion of a highway pursuant to § 32-30-4 , or from the right of way, or if a vehicle is an obstruction or hazard to traffic pursuant to § 32-30-14 , any agent of the Division of Highway Patrol, the Department of Transportation, a sheriff, or a peace officer of this state may arrange for the removal of the vehicle to a garage or place of safety, pursuant to § 32-30-13 . That person may also arrange for removal from the highway or right of way of any spilled cargo or other personal property belonging to the occupants of the motor vehicle, which could obstruct traffic or present a safety hazard.

The owner of the motor vehicle is responsible for any costs of removal incurred by the state, any political subdivision of the state, or any removal agency acting on behalf of the state or a political subdivision thereof.

Absent gross negligence or willful and wanton misconduct in removing the vehicle and its cargo, no agent of the Division of Highway Patrol, the Department of Transportation, a sheriff, or a peace officer of this state, and no removal agency as defined by § 32-36-2 , or other person acting on behalf of any agent of the Division of Highway Patrol, the Department of Transportation, a sheriff, or a peace officer of this state, is liable for damages to the disabled motor vehicle, its cargo, the personal property of the motor vehicle's occupants, or the surrounding area.

Source: SL 2026, ch 139, § 1.
S.D. Codified Laws § 32-20-6.5 — SD Code / Title 32 / Chapter 20 / Section 32-20-6.5
Attachment to other vehicles prohibited--Violation as misdemeanor
Status: in_force

No person riding upon a motorcycle may attach himself or the motorcycle to any other vehicle on a roadway. A violation of this section is a Class 2 misdemeanor.

Source: SL 1970, ch 176, § 1, § 10; SL 1989, ch 255, § 98.
S.D. Codified Laws § 32-12A-39 — SD Code / Title 32 / Chapter 12A / Section 32-12A-39
Reinstatement of driver disqualified for life after completion of rehabilitation program
Status: in_force

Any driver disqualified for life as specified in § 32-12A-37 , who has both voluntarily enrolled in and successfully completed, an appropriate rehabilitation program that meets the standards of the department, may apply to the department for reinstatement of that person's commercial driver license. Any such applicant is not eligible for reinstatement from the department unless the applicant has first served a minimum disqualification period of ten years and has fully met the department's standards for reinstatement of commercial motor vehicle driving privileges.

If a reinstated driver subsequently is convicted of another disqualifying offense, as specified in § 32-12A-36 , 32-12A-37 , or 32-12A-38 , the driver is permanently disqualified for life, and is ineligible to again apply for a reduction of the lifetime disqualification.

Source: SL 1991, ch 252, § 13; SDCL § 32-12-106.1; SL 2001, ch 171, §§ 96, 115; SL 2004, ch 213, § 5.
S.D. Codified Laws § 32-40-2 — SD Code / Title 32 / Chapter 40 / Section 32-40-2
Application requirements for transportation network company drivers
Status: in_force

Before a transportation network company allows a person to act as a transportation network company driver on the transportation network company's digital network, the transportation network company shall require the person to submit to the transportation network company an application that includes:

(1) The person's name, address, and age;

(2) A copy of the person's driver license;

(3) The registration for the personal vehicle that the person will use to provide prearranged rides;

(4) Proof of financial responsibility for the personal vehicle of a type and in the amounts required by the transportation network company; and

(5) Any other information required by the transportation network company.

Source: SL 2016, ch 167, § 2.
S.D. Codified Laws § 32-3-51.5 — SD Code / Title 32 / Chapter 3 / Section 32-3-51.5
Vehicle with out-of-state marked title--Damage disclosure information--Salvage title or junking certificate
Status: in_force

Any motor vehicle, trailer, or semitrailer whose title has been marked by another state or jurisdiction, shall receive a title, which shall contain similar damage disclosure information. However, if the title has been branded as salvage or with any other similar brand by another state or jurisdiction the applicant shall receive a salvage title or, at the option of the owner, a junking certificate.

Source: SL 1988, ch 238, § 3; SL 1990, ch 231, § 4; SL 1996, ch 190, § 1; SL 2005, ch 155, § 6; SL 2015, ch 157, § 1.
S.D. Codified Laws § 32-12A-44 — SD Code / Title 32 / Chapter 12A / Section 32-12A-44
Driving commercial vehicle prohibited at certain levels of blood alcohol--Violation as misdemeanor
Status: in_force

No person may drive or be in actual physical control of a commercial motor vehicle while there is between 0.04 and 0.08 percent or more, by weight of alcohol in that person's blood as shown by chemical analysis of that person's breath, blood, or other body substance. Any violation of this section is a Class 2 misdemeanor.

Source: SL 1991, ch 252, § 12; SDCL § 32-12-110.1; SL 2001, ch 171, §§ 99, 115; SL 2002, ch 160, § 4.
S.D. Codified Laws § 32-9-5 — SD Code / Title 32 / Chapter 9 / Section 32-9-5
Presumption that motor carrier makes unusual use of highways
Status: in_force

For the purpose of this chapter, any person as defined in § 32-9-1 , using the public highways of this state as a motor carrier, shall be deemed to be making unusual use of said highways.

Source: SDC 1939, § 44.0421.
S.D. Codified Laws § 32-26-44 — SD Code / Title 32 / Chapter 26 / Section 32-26-44
Passenger not to interfere with driver's view or control--Violation as misdemeanor
Status: in_force

No passenger in a vehicle may ride in such position as to interfere with the driver's view ahead or to the sides or to interfere with his control over the driving mechanism of the vehicle. A violation of this section is a Class 2 misdemeanor.

Source: SL 1970, ch 175, § 31, § 13; SL 1989, ch 255, § 181.
S.D. Codified Laws § 32-12-75.3 — SD Code / Title 32 / Chapter 12 / Section 32-12-75.3
Sale, offer for sale, or distribution of any counterfeited, forged, or altered driver license or nondriver identification card--Misdemeanor
Status: in_force

No person may sell, offer for sale, or distribute, for compensation or gratis, any counterfeited, forged, or altered driver license or nondriver identification card issued by the department pursuant to this chapter. A violation of this section is a Class 1 misdemeanor.

Source: SL 2005, ch 165, § 2.
S.D. Codified Laws § 32-12-12.1 — SD Code / Title 32 / Chapter 12 / Section 32-12-12.1
Motorcycle restricted minor's permit--Application requirements--Examination and fee--Restrictions
Status: in_force

A motorcycle restricted minor's permit may be issued, upon application and payment of the proper fee as provided for in § 32-12-16 , to a minor at least fourteen 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 outlined in § 32-12-11.1 and has not been convicted of a traffic violation during the past six months. For any minor who has successfully completed the motorcycle safety education courses provided by § 32-20-14 and a driver education class that has been approved by the Department of Education or a driver education course that the secretary of the department of public safety has determined has been approved by a state government agency in another state, the required minimum time period for holding the motorcycle instruction permit to qualify for the motorcycle restricted minor's permit is thirty continuous days if issued before July 1, 2020, or one hundred eighty continuous days if issued on or after July 1, 2020.

A motorcycle restricted minor's permit entitles the holder, while having the permit in immediate physical possession, to operate a motorcycle during the hours of 6 a.m. to 8 p.m. standard time if the motorcycle is being operated with the permission of the holder's parents or guardian.

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 completed the requirements set forth in § 32-12-11.1 , has held a restricted minor's motorcycle permit for at least six months, and has not been convicted of any traffic violations during the past six months immediately preceding the application for a motorcycle operator's license.

Source: SL 2001, ch 171, § 11; SL 2003, ch 272, § 63; SL 2020, ch 117, § 4.
S.D. Codified Laws § 32-1-3 — SD Code / Title 32 / Chapter 1 / Section 32-1-3
Motor vehicle powers of Department of Revenue
Status: in_force

The Department of Revenue shall exercise the powers, and have charge of and perform functions, duties, and services with respect to the registration and licensing of motor vehicles and motor vehicle dealers, compensation for unusual use of the highways, motor vehicle titles, financial responsibility, and any other motor vehicle functions charged to the Department of Revenue under this title.

Source: SL 1957, ch 238, §§ 1, 6; SDC Supp 1960, §§ 44.0901, 44.0906; SL 1996, ch 320 (Exec. Order 96-1), §§ 19, 20; SL 2003, ch 272 (Ex. Ord. 03-1), §§ 22, 23, 82; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-5-118 — SD Code / Title 32 / Chapter 5 / Section 32-5-118
Special firefighter or advanced life support personnel plates--Application to county treasurer--Registration fee
Status: in_force

Each firefighter, advanced life support personnel, or emergency medical technician must apply to the county treasurer of the county of the firefighter's, advanced life support personnel's, or emergency medical technician's residence for the issuance of special number plates for the motor vehicles owned by the firefighter, advanced life support personnel, or emergency medical technician. The firefighter, advanced life support personnel, or emergency medical technician, in order to receive the special plates, must pay the registration fee for the plates.

Source: SL 1989, ch 261, § 6; SL 2004, ch 17, § 64; SL 2007, ch 173, § 42; SL 2024, ch 109, § 3, eff. Mar. 1, 2025.
S.D. Codified Laws § 32-5-159 — SD Code / Title 32 / Chapter 5 / Section 32-5-159
Fee for initial issuance of military specialty plates
Status: in_force

In addition to the noncommercial annual registration and plate fees, each person receiving military specialty plates shall pay an additional ten dollar fee for the initial issuance of the military specialty plates. All fees collected under this section shall be placed in the license plate special revenue fund.

Source: SL 2014, ch 142, § 6.
S.D. Codified Laws § 32-33-3 — SD Code / Title 32 / Chapter 33 / Section 32-33-3
Right to speedy hearing
Status: in_force

Any person arrested for a violation of any provision of this title punishable as a misdemeanor has a right to a hearing within twenty - four hours. Such hearing shall occur at a convenient time and shall be before a magistrate or judge in the county where the arrested person is being held or within the county where the offense was committed.

Source: SDC 1939, § 44.0502; SL 1990, ch 260, § 1.
S.D. Codified Laws § 32-9-59 — SD Code / Title 32 / Chapter 9 / Section 32-9-59
Use of vehicles with dealer 88 license plates--Violation as misdemeanor
Status: in_force

Any new or used vehicle owned by a licensed vehicle dealer, bearing a dealer's 88 license plate issued pursuant to the provisions of §§ 32-6B-22.1 and 32-6B-22.2 may operate such vehicle for the licensed dealership as a motor carrier or any prospective buyer may operate such vehicle as a motor carrier for demonstration purposes for a period of three days, in accordance with the provisions of § 32-6B-25 under the following conditions:

(1) The motor vehicle shall comply with all provisions of this chapter pertaining to overweight operation;

(2) The actual gross weight of the vehicle and load does not exceed the licensed gross weight; and

(3) The gross weight tonnage fees shall be paid pursuant to § 32-9-15 with the tonnage sticker affixed to the 88 plate prior to operation as a motor carrier.

If a used or new vehicle dealer permits the use by a prospective buyer, pursuant to this section, a vehicle bearing the dealer's 88 license plate, the dealer shall maintain a log detailing the use. The log shall include the name and address of the prospective buyer, the dates of use, and the description of the vehicle including the vehicle identification number, make, and model. This log shall be available for inspection, during normal business hours, by any law enforcement officer or dealer inspector appointed by the department.

Any violation of this section is a Class 2 misdemeanor.

Source: SL 2004, ch 208, § 3; SL 2013, ch 142, § 1.
S.D. Codified Laws § 32-9-53 — SD Code / Title 32 / Chapter 9 / Section 32-9-53
Gross weight of tow trucks and wreckers
Status: in_force

For the purposes of this chapter, the gross weight, as defined in subdivision 32-9-1(6), for tow trucks or wreckers, as defined and operated in §§ 31-8-15 and 31-8-15.1 , is the actual weight of the equipped motor vehicle and does not include the weight of the motor vehicle being towed or hauled.

Source: SL 1983, ch 235, § 1; SL 1989, ch 264, § 16.
S.D. Codified Laws § 32-27-1 — SD Code / Title 32 / Chapter 27 / Section 32-27-1
Yielding right-of-way to pedestrian making proper crossing--Regulated intersections--Violation as petty offense
Status: in_force

The driver of any vehicle upon a highway within a business or residence district shall yield the right-of-way to a pedestrian crossing the highway within any clearly marked crosswalk or any regular pedestrian crossing included in the prolongation of the lateral boundary lines of the adjacent sidewalk at the end of a block, except at intersections where the movement of traffic is being regulated by traffic officers or traffic direction devices. However, no pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard. A violation of this section by a driver is a petty offense.

Source: SDC 1939, § 44.0318; SL 1945, ch 188; SL 1989, ch 255, § 184; SL 2010, ch 167, § 1.
S.D. Codified Laws § 32-3A-45 — SD Code / Title 32 / Chapter 3A / Section 32-3A-45
Notification to deliver certificate of title upon treasurer's receipt of lien or title instrument--Notation of lien--Notice to lien holder--Liability for refusing to show lien
Status: in_force

The county treasurer, upon receipt of a lien or title instrument duly executed in the manner prescribed by law governing such instruments, together with the fee prescribed for notation thereof which is nonrefundable, shall notify the holder of the certificate of title to deliver to the treasurer, within fifteen days from the date of notice, the certificate of title to permit notation of the lien, and if necessary, the issuance of a new certificate of title. After the notation of the lien, the treasurer shall deliver the certificate of title to the owner or as otherwise directed by the owner. The secured party shall be mailed or delivered notification of the party's security interest as filed and noted on the certificate of title. Any holder of the certificate of title who refuses to deliver the certificate of title to the treasurer for purposes of showing the lien on the certificate of title within fifteen days from the date notified to do so by the treasurer is liable for damages to the lien holder for the amount of damage the lien holder suffered by reason of the holder of the certificate of title refusing to permit the showing of the lien on the certificate of title.

Source: SL 1993, ch 322, § 29; SDCL 42-8-97; SL 2003, ch 160, § 11.
S.D. Codified Laws § 32-15-2.6 — SD Code / Title 32 / Chapter 15 / Section 32-15-2.6
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Light transmission," the ratio of the amount of total light to pass through a product or material to the amount of total light falling on the product or material and the glazing;

(2) "Dealer," any person who engages in the manufacture of or installation of a film, glaze, or application for motor vehicle windshields and windows or fabricates, laminates, or tempers a safety glazing material during the manufacturing or installation process to incorporate the capacity to reflect or reduce the transmission of light.

Source: SL 1989, ch 268, § 1.
S.D. Codified Laws § 32-33-2 — SD Code / Title 32 / Chapter 33 / Section 32-33-2
Procedure on arrest of violator--Issuance of summons--Notice of hearing--Release from custody upon promise to appear--Violation of promise to appear--Misdemeanor--Bond of nonresident
Status: in_force

Except as otherwise specifically provided, whenever a person is arrested for a violation of any provision of this title punishable as a misdemeanor, the arresting officer shall take the name and address of the person and the license number of his motor vehicle and driver's license and issue a summons or otherwise notify him in writing to appear at a time and place to be specified in the summons or notice. The time shall be at least five days after the arrest unless the person arrested demands an earlier hearing. The arresting officer shall upon the person's written promise to appear, release him from custody. Any person refusing to give a written promise to appear shall be taken immediately by the arresting officer before the nearest or most accessible magistrate. Any person who intentionally violates his written promise to appear is guilty of a Class 2 misdemeanor regardless of the disposition of the charge upon which he was originally arrested. A nonresident arrested for a violation of any provision of this title may be required to post bond in the amount set forth on the fine and bond schedule provided by the presiding circuit court judge, or in an amount set by a magistrate or judge for that offense, before being released from custody.

Source: SDC 1939, §§ 44.0502, 44.9901; SL 1977, ch 193, § 27; SL 1985, ch 265; SL 1988, ch 268.
S.D. Codified Laws § 32-12-12 — SD Code / Title 32 / Chapter 12 / Section 32-12-12
Restricted minor's permit--Restrictions on operation
Status: in_force

A restricted minor's permit may be issued, upon application and payment of the proper fees as provided in § 32-12-16 , to a minor at least fourteen 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 has not been convicted of a traffic violation during the past six months. For any such minor who has successfully completed a driver education course that has been approved by the Department of Education or a driver education course that the secretary of the department of public safety has determined has been approved by a state government agency in another state, the required minimum time period for holding the instruction permit in order to qualify for the restricted minor's permit is ninety continuous days if issued before July 1, 2020,or one hundred eighty continuous days if issued on or after July 1, 2020.

A restricted minor's permit entitles the holder, while having the permit in immediate physical possession, to operate a motor vehicle during the hours of 6 a.m. to 10 p.m. standard time if the motor vehicle is being operated with the permission of the holder's parent or guardian and during the hours of 10 p.m. to 6 a.m. if the motor vehicle is being operated under the direction of the holder's parent or guardian who is occupying a seat beside the holder. The restrictions as to time of operation do not apply to the holder of a valid restricted minor's permit who is:

(1) Operating a self-propelled agricultural machine that is not subject to registration under chapter 32-5 ;

(2) Operating a motor vehicle while traveling the most direct route to or from school or a school event;

(3) Operating a motor vehicle while traveling the most direct route to or from any religious worship service or meeting held by a religious organization; or

(4) Operating a motor vehicle while traveling the most direct route to, from, or in connection with any job, employment, or farm-related work.

No holder of a restricted minor's permit may use any type of wireless communication device while operating a motor vehicle upon the public highways.

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 completed the requirements set forth in § 32-12-11 , has held a restricted minor's permit for at least six months, and has not been convicted of any traffic violations during the six months immediately preceding the application for an operator's license. If the holder applies and makes payment of the required fee thirty-one or more days after the expiration date of the restricted minor's permit, the holder shall take the knowledge test as required by § 32-12-4 and may take the skill test for an operator's license.

Source: SL 1955, ch 187, § 5; SL 1959, ch 261, § 4; SDC Supp 1960, § 44.03B04 (4); SL 1963, ch 268; SL 1965, ch 199; SL 1965, ch 200; SL 1967, ch 201; SL 1970, ch 174; SL 1971, ch 187, § 1; SL 1977, ch 256, § 1; SL 1978, ch 230, § 8; SL 1982, ch 235; SL 1989, ch 265, § 12; SL 1993, ch 213, § 216; SL 1998, ch 186, § 2; SL 2000, ch 155, § 2; SL 2000, ch 156, § 1; SL 2001, ch 171, § 10; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2004, ch 212, § 1; SL 2013, ch 145, § 3; SL 2020, ch 117, § 3.
S.D. Codified Laws § 32-40-5 — SD Code / Title 32 / Chapter 40 / Section 32-40-5
Zero tolerance policy for drug and alcohol use by transportation network company drivers
Status: in_force

A transportation network company shall establish and enforce a zero tolerance policy for drug and alcohol use by transportation network company drivers during any period when a transportation network company driver is engaged in, or is logged into the transportation network company's digital network but is not engaged in, a prearranged ride. The policy shall include provisions for:

(1) Investigations of alleged policy violations; and

(2) Suspensions of transportation network company drivers under investigation.

Source: SL 2016, ch 167, § 5.
S.D. Codified Laws § 32-7A-4.5 — SD Code / Title 32 / Chapter 7A / Section 32-7A-4.5
Finality of cease and desist order
Status: in_force

A cease and desist order pursuant to § 32-7A-4.3 becomes final upon expiration of the time allowed for appeals from the secretary's order if no appeal is taken, or, if an appeal is taken, upon final decision of the court if the court affirms the secretary's order or dismisses the appeal.

Source: SL 2005, ch 162, § 23.
S.D. Codified Laws § 32-5-45 — SD Code / Title 32 / Chapter 5 / Section 32-5-45
Exemption of mobile homes purchased outside state
Status: in_force

Section 32-5-16.1 applies to all mobile homes not previously registered in this state. However, a mobile home owned by a nonresident coming into this state from another state, a mobile home purchased and owned by a member of the armed forces while on duty in the United States and a mobile home purchased in another state by a resident other than a dealer licensed pursuant to chapter 32-7A are exempt from the additional license fee to the extent of a similar and equal amount of registration tax, sales, use or state excise tax as has been paid in another state by the current applicant. The county treasurer shall require of applicants from other states and residents who have purchased a mobile home in another state, making application for registration of a mobile home in this state a certificate of a licensed dealer, bill of sale, receipt, or other tangible evidence that a similar and equal amount of tax has been paid by the current applicant. If sufficient proof is not furnished, the county treasurer shall collect an additional or full amount to equal the South Dakota rate of tax.

Source: SDC 1939, § 44.0108 (9) as added by SL 1951, ch 224, § 1; SL 1957, ch 210; SL 1961, ch 219; SL 1966, ch 129; SL 1971, ch 185; SL 1982, ch 228, § 1; SL 1984, ch 219, § 2; SL 1985, ch 241, § 20.
S.D. Codified Laws § 32-22-32 — SD Code / Title 32 / Chapter 22 / Section 32-22-32
Special fastenings for vehicles transporting objects over particular length--Exception--Violation as misdemeanor
Status: in_force

All motor vehicles, trucks, trailers, and semitrailers used in transporting on the public highways articles consisting, wholly or in part, of any pipe, casing, rods, bars, finished lumber products, logs, poles, or piling, which are longer than eight feet, shall have them securely and tightly fastened to the front and rear of the vehicle by at least two separate iron chains, cables, or synthetic straps extending over and around the articles on the vehicle in a manner as to securely fasten the same to the vehicle and prevent lateral or longitudinal movement of the articles while being transported in the vehicle. The chains, cables, and synthetic straps used shall have a breaking strength of not less than fifteen thousand pounds. The provisions of this section do not apply to such articles if entirely enclosed, other than at top, within the confines of a rack or box mounted on such vehicles, and which articles, when loaded in such vehicle, do not extend at the highest point of the load two linear feet above the lowest point of floor or bed of such vehicle. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0336 (7) as added by SL 1949, ch 167; SL 1984, ch 230, § 32; SL 1985, ch 260.
S.D. Codified Laws § 32-26-12 — SD Code / Title 32 / Chapter 26 / Section 32-26-12
Applicability of controlled-access provisions
Status: in_force

Sections 32-26-10 and 32-26-11 are supplementary to and not in lieu of the provisions of chapter 31-8 .

Source: SL 1961, ch 150, § 3.
S.D. Codified Laws § 32-7A-12.1 — SD Code / Title 32 / Chapter 7A / Section 32-7A-12.1
Offer to sell, sale, or exchange of mobile or manufactured home without certificate of title allowed under specified circumstances
Status: in_force

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

(2) If the mobile or manufactured home 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 mobile or manufactured home 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, § 11.
S.D. Codified Laws § 32-20B-11 — SD Code / Title 32 / Chapter 20B / Section 32-20B-11
Electric bicycle equipment requirements
Status: in_force

An electric bicycle shall be equipped so that the electric motor is disengaged or ceases to function when the person stops pedaling or when the brakes are applied.

Source: SL 2019, ch 135, § 3.
S.D. Codified Laws § 32-12-62 — SD Code / Title 32 / Chapter 12 / Section 32-12-62
Record of out-of-state convictions upon application by new resident
Status: in_force

Whenever application under this chapter is received from a person previously licensed in another jurisdiction, the Department of Public Safety shall request a copy of the applicant's record from such other jurisdiction. When received, this record shall become a part of the applicant's record in this state with the same force and effect as though entered on the applicant's record in this state in the original instance.

Source: SL 1959, ch 261, § 5; SDC Supp 1960, § 44.03B05 (3); redesignated § 44.03B05 (4) by SL 1966, ch 136, § 2; SL 2003, ch 272, § 23.
S.D. Codified Laws § 32-37-2 — SD Code / Title 32 / Chapter 37 / Section 32-37-2
Exemptions
Status: in_force

The provisions of this chapter do not apply in passenger cars manufactured before 1966 that have not been equipped with seat belts.

Source: SL 1984, ch 235, § 2; SL 1998, ch 199, § 2; SL 2001, ch 179, § 4.
S.D. Codified Laws § 32-5-2.6 — SD Code / Title 32 / Chapter 5 / Section 32-5-2.6
Early renewal--Fee for late renewal
Status: in_force

A person may renew a noncommercial vehicle registration anytime less than ninety days prior to the vehicle's registration expiration date. Any person who renews a noncommercial vehicle registration after the date of expiration shall pay the full year's fee required by this chapter to license the vehicle until the appropriate month assigned for renewal by § 32-5-2.2 . However, this requirement to pay the full year's fee does not apply to noncommercial motor vehicles licensed pursuant to § 32-5-6.3 or 32-5-6.4 .

Source: SL 1987, ch 215, § 6; SL 1992, ch 209.
S.D. Codified Laws § 32-12A-70 — SD Code / Title 32 / Chapter 12A / Section 32-12A-70
Downgrade of license--Termination of downgrade--Notification
Status: in_force

No downgrade may occur if before the department completes and records the downgrade on the commercial driver license information system driver record, the department receives notification that pursuant to 49 C.F.R. § 382.503(a) (October 7, 2021), the commercial learner’s permit holder or a commercial driver license holder is no longer prohibited from operating a commercial motor vehicle, the department must terminate the downgrade process without removing the commercial learner's permit or commercial driver license privilege from the driver's license.

Source: SL 2024, ch 117, § 2.
S.D. Codified Laws § 32-18-4 — SD Code / Title 32 / Chapter 18 / Section 32-18-4
Towed vehicles exempt from all-wheel requirement
Status: in_force

Any vehicle being towed in driveaway or towaway operations need not be equipped with brakes acting on all wheels, provided the combination of vehicles is capable of complying with the performance requirements of §§ 32-18-8 and 32-18-9 .

Source: SL 1967, ch 197, § 1 (c) (2); SL 1968, ch 178, § 3.
S.D. Codified Laws § 32-6C-7 — SD Code / Title 32 / Chapter 6C / Section 32-6C-7
Issuance of dealer plates--Fees--Disposition of fees--Numbering of plates
Status: in_force

The department shall issue license plates of a durable material to licensed dealers upon application and payment of ten dollars for each set desired. Two dollars of each fee collected for each set of dealer license plates shall be credited to the motor vehicle fund and the remaining eight dollars shall be credited to the snowmobile trails fund. The license plates shall bear a prefix of the letters "SD" and contain a distinguishing identification number of the licensee.

Source: SL 1987, ch 223, § 7.
S.D. Codified Laws § 32-23-4.5 — SD Code / Title 32 / Chapter 23 / Section 32-23-4.5
Convictions in other states considered
Status: in_force

Any conviction for, or plea of guilty to, an offense in another state which, if committed in this state, would be a violation of § 32-23-1 , 22-18-36 , or 22-16-41 , and occurring within ten years prior to the date of the violation being charged, or twenty-five years if the requirements of § 32-23-4.9 have been satisfied, must be used to determine if the violation being charged is a second, third, or subsequent offense.

Source: SL 1983, ch 244, § 3; SL 2001, ch 177, § 2; SL 2010, ch 165, § 2; SL 2023, ch 106, § 1.
S.D. Codified Laws § 32-5-84.2 — SD Code / Title 32 / Chapter 5 / Section 32-5-84.2
Snowmobile license must be attached
Status: in_force

No person may operate or drive a snowmobile which is required to be licensed in this state unless such snowmobile has the license attached as required by § 32-5-84 . A violation of this section is a petty offense.

Source: SL 1996, ch 193, § 1.
S.D. Codified Laws § 32-30-2.3 — SD Code / Title 32 / Chapter 30 / Section 32-30-2.3
Angle parking by local ordinance--Commission concurrence required on state or federal highways
Status: in_force

Local authorities may by ordinance permit angle parking on any roadway, except that angle parking shall not be permitted on any federal - aid or state highway unless the transportation commission has determined by resolution or order entered in its minutes that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.

Source: SL 1970, ch 175, § 31, § 7.
S.D. Codified Laws § 32-30-11.2 — SD Code / Title 32 / Chapter 30 / Section 32-30-11.2
Report of improper use of special plates or certificates--Revocation of privilege
Status: in_force

If the police of any municipality or any other political subdivision finds that special license plates or certificates are being improperly used, the police shall report such violation to the Department of Revenue which shall revoke the privilege of displaying license plates or certificates that are improperly used.

Source: SL 1975, ch 97, § 2; SL 1979, ch 204, § 3; SL 2002, ch 149, § 7.
S.D. Codified Laws § 32-31-6.2 — SD Code / Title 32 / Chapter 31 / Section 32-31-6.2
Occupying highway shoulder or stopped--Accident caused--Penalty
Status: in_force

Any driver of a motor vehicle who, while violating § 32-31-6.1 , causes an accident, is guilty of a Class 1 misdemeanor if:

(1) The accident is with a stopped emergency vehicle making use of its red visual signals; or

(2) The accident is with any vehicle making use of amber, yellow, or blue warning lights and the vehicle is either stopped or occupying the shoulder of the highway.

Source: SL 2020, ch 127, § 2; SL 2025, ch 130, § 2.
S.D. Codified Laws § 32-5-110 — SD Code / Title 32 / Chapter 5 / Section 32-5-110
Commemorative or souvenir license plates--Use for general transportation purposes
Status: in_force

The department may promulgate rules in accordance with chapter 1-26 to establish and market a commemorative or souvenir license plate. The license plate shall be of a design that is clearly identified with South Dakota. The minimum fee for the license plate shall be ten dollars. The license plate may be used for commemorative or souvenir purposes and may be used on the public highways for general transportation purposes. For any license plate to be used for general transportation purposes, the person or group desiring such plate shall apply to the department, describing the purpose for the plate and the duration for which the plate would be valid. The secretary shall, by rules promulgated pursuant to chapter 1-26 , establish criteria for issuance of any such plate, including design, duration, restrictions, and other conditions as he considers necessary. In no case may the secretary grant such license plate for a period exceeding thirty days, and such period is not renewable. The commemorative or souvenir license plate shall maintain the basic design and color integrity of the currently issued license plate used for general transportation purposes. Fees collected by the secretary under the provisions of this section shall be transmitted monthly to the state treasurer and shall be credited to the license plate special revenue fund.

Source: SL 1983, ch 232, § 1; SL 1988, ch 245; SL 1989, ch 257, § 108.
S.D. Codified Laws § 32-12-38 — SD Code / Title 32 / Chapter 12 / Section 32-12-38
Violation of restriction--Suspension or revocation
Status: in_force

The Department of Public Safety may upon receiving satisfactory evidence of any violation of the restrictions imposed pursuant to § 32-12-36 suspend or revoke the same but the licensee shall be entitled to a hearing as upon a suspension or revocation under this chapter.

Source: SL 1959, ch 261, § 12; SDC Supp 1960, § 44.03B12 (3); SL 2003, ch 272, § 23.
S.D. Codified Laws § 32-20-9.2 — SD Code / Title 32 / Chapter 20 / Section 32-20-9.2
Motorcycle prohibited from overtaking in same lane--Violation as misdemeanor
Status: in_force

The operator of a motorcycle may not overtake and pass in the same lane occupied by the vehicle being overtaken. This section does not apply to motorcycles being operated two abreast in the same lane, or a motorcycle and a bicycle being operated two abreast in the same lane. A violation of this section is a Class 2 misdemeanor.

Source: SL 1970, ch 176, § 1, § 6; SL 1989, ch 255, § 101.
S.D. Codified Laws § 32-5-89.5 — SD Code / Title 32 / Chapter 5 / Section 32-5-89.5
Replacement of lost, mutilated, or destroyed personalized plates--Affidavit--Fee--Disposition of fee
Status: in_force

In the event of the loss, mutilation, or destruction of any special personalized license plates, 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 special revenue fund.

Source: SL 1977, ch 250, § 4; SL 1984, ch 30, § 39; SL 1989, ch 257, § 89.
S.D. Codified Laws § 32-5-192 — SD Code / Title 32 / Chapter 5 / Section 32-5-192
Retired firefighter specialty plates--Requirements--Design
Status: in_force

Any owner of a motor vehicle, who is a resident of this state, who served as a firefighter for more than ten years, and who has complied with all the laws of this state in relation to the registration of a motor vehicle, may receive plates bearing a special number and design or a license plate decal designating the person as a retired firefighter. The plate or decal must be designed by the fire marshal and subject to the approval of the department. The special plates must be displayed as set forth in § 32-5-98 and follow the same requirements set out in §§ 32-5-115 , 32-5-119 and 32-5-221.

Source: SL 2024, ch 110, § 1, eff. Mar. 1, 2025.
S.D. Codified Laws § 32-27-5 — SD Code / Title 32 / Chapter 27 / Section 32-27-5
Highways without sidewalks--Duty to walk facing traffic--Violation as petty offense
Status: in_force

Where sidewalks are not provided any pedestrian walking along or upon a highway shall, when practicable, walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction. A violation of this section is a petty offense.

Source: SL 1961, ch 151; SL 1989, ch 255, § 187.
S.D. Codified Laws § 32-3-42 — SD Code / Title 32 / Chapter 3 / Section 32-3-42
Vehicles held in stock--Security interests acquired previous to enactment of statute
Status: in_force

Section 32-3-41 shall not apply to any security interest in a motor vehicle in stock or acquired for stock purposes if such security interest was acquired or perfected under the provisions of Title 57A.

Source: SDC Supp 1960, § 44.0203 (1) as added by SL 1965, ch 186, § 3; SL 1967, ch 187.
S.D. Codified Laws § 32-35-91 — SD Code / Title 32 / Chapter 35 / Section 32-35-91
Conditions to issuance of certificate of self-insurance--Coverage of self-insurance
Status: in_force

The Department of Public Safety may, in its discretion, upon the application of a person described in § 32-35-90 , issue a certificate of self - insurance when the department is satisfied that such person is possessed and will continue to be possessed of ability to pay judgments obtained against such person. Such certificate may be issued authorizing a person to act as a self - insurer for either property damage or bodily injury, or both.

Source: SL 1957, ch 212, § 71; SDC Supp 1960, § 44.03A66; SL 2004, ch 17, § 173.
S.D. Codified Laws § 32-28-3 — SD Code / Title 32 / Chapter 28 / Section 32-28-3
Meaning of steady yellow light--Vehicular traffic--Pedestrians
Status: in_force

A steady yellow light alone shall indicate that:

(1) Vehicular traffic facing the signal is thereby warned that the red or stop signal will be exhibited immediately thereafter and such vehicular traffic shall not enter the intersection when the red or stop signal is exhibited;

(2) Pedestrians facing such signal are thereby advised that there is insufficient time to cross the roadway, and any pedestrian then starting to cross shall yield the right - of - way to all vehicles.

Source: SL 1963, ch 274, § 2 (2); SL 1970, ch 175, § 22.
S.D. Codified Laws § 32-10-40 — SD Code / Title 32 / Chapter 10 / Section 32-10-40
Fuel tax returns and payment of fuel taxes
Status: in_force

Nothing in §§ 32-10-38 and 32-10-39 changes the vehicle owner's duty to timely file any necessary fuel tax returns or reports and to timely pay any fuel taxes owed to any state.

Source: SL 2018, ch 189, § 3.
S.D. Codified Laws § 32-14-16 — SD Code / Title 32 / Chapter 14 / Section 32-14-16
Golf cart ordinances authorized in municipalities and improvement districts
Status: in_force

For the purposes of § 32-14-14 , the term, municipality, means any municipality organized pursuant to Title 9 and any improvement district established by a county pursuant to chapter 7-25A . A county may adopt, by ordinance, regulations to enforce and administer the provisions of § 32-14-14 on behalf of the improvement district.

Source: SL 2010, ch 164, § 4.
S.D. Codified Laws § 32-12-22.1 — SD Code / Title 32 / Chapter 12 / Section 32-12-22.1
License not required for operation of tractor or implement in farm operations--Operation within municipality prohibited after revocation or suspension of license
Status: in_force

Any person is exempt from license under this chapter while operating a farm tractor or implement of husbandry to or from the home farm buildings to or from any adjacent or nearby farmland for the exclusive purpose of conducting farm operations. However, no person whose license or driving privilege is under suspension or revocation pursuant to chapter 32-23 may operate a farm tractor or implement of husbandry upon the streets or highways within any municipality.

Source: SL 1973, ch 201; SL 2001, ch 171, § 107.
S.D. Codified Laws § 32-20B-12 — SD Code / Title 32 / Chapter 20B / Section 32-20B-12
Designated areas of operation of electric bicycles
Status: in_force

Unless otherwise prohibited by a governmental entity having jurisdiction, a person may operate a Class I or Class II electric bicycle on any bicycle path or multi-use path in this state.

A person may not operate a Class III electric bicycle on a bicycle path or multi-use path in this state unless:

(1) The bicycle path or multi-use path is within or adjacent to a highway or roadway; or

(2) The governmental entity having jurisdiction over the bicycle path or multi-use path expressly permits the use.

A person may operate a Class III electric bicycle on a trail that has been designated as nonmotorized, if the trail was constructed only by clearing or grading the native soil and without the installation or placement of any additional surface material and if the governmental entity having jurisdiction over the trail has not otherwise prohibited or restricted the operation.

Source: SL 2019, ch 135, § 4.
S.D. Codified Laws § 32-19-13 — SD Code / Title 32 / Chapter 19 / Section 32-19-13
Operation with cut or worn tire as misdemeanor--Minimum tread
Status: in_force

No person may operate on the public highways of this state a licensed motor vehicle which has a mounted tire having a cut into the fabric, or worn so that the fabric is visible, having knots or bulges in the sidewall or tread, or having a minimum tread depth less than two thirty - seconds of an inch on any two adjacent tread grooves. In addition, the tires mounted on the front axle of a motor vehicle of ten passenger or more capacity or exceeding a gross weight of twenty - six thousand pounds shall have a minimum tread depth of not less than three thirty - seconds of an inch on any two adjacent tread grooves. A violation of this section is a Class 2 misdemeanor.

Source: SL 1979, ch 220, § 1.
S.D. Codified Laws § 32-20A-23 — SD Code / Title 32 / Chapter 20A / Section 32-20A-23
Safe conditions of rental snowmobiles
Status: in_force

A person who engages in the business of renting snowmobiles to another shall maintain rental snowmobiles in a safe condition.

Source: SL 1994, ch 259, § 3.
S.D. Codified Laws § 32-6C-14 — SD Code / Title 32 / Chapter 6C / Section 32-6C-14
Grounds for denial of license or application of provisions of §§32-6C-14.1to 32-6C-41.6, inclusive
Status: in_force

The department may deny any application or apply the provisions of §§ 32-6C-14.1 to 32-6C-14.6 , inclusive, on any license issued under the provisions of this chapter, for any of the following :

(1) Commission of fraud or willful misrepresentation in the application for or in obtaining a license;

(2) Conviction of a felony involving the theft of snowmobiles or other motor vehicles in the last five years;

(3) A violation of any law of this state which relates to dealing in snowmobiles;

(4) Failure to comply with any administrative rule promulgated by the department;

(5) Perpetration of a fraud upon any person as a result of dealing in snowmobiles;

(6) Failure to apply for transfers of title as required in chapters 32-3 and 32-20A ;

(7) Failure to allow department inspections, including initial and annual inspections, complaint investigations, and necessary follow-up inspections;

(8) Misrepresentation through false, deceptive, or misleading statements with regard to the sale or financing of snowmobiles which a dealer has, or causes to have, advertised, printed, displayed, published, distributed, broadcast, televised, or made in any manner with regard to the sale or financing of snowmobiles;

(9) Refusal to comply with a licensee's responsibility under the terms of a snowmobile warranty issued by its respective manufacturer, unless such refusal is at the direction of the manufacturer;

(10) Failure to comply with the terms of any bona fide written, executed agreement pursuant to the sale of a snowmobile;

(11) Failure to disclose damage to a new snowmobile of which the dealer had knowledge if the dealer's actual cost to repair, exceeds five percent of the manufacturer's suggested retail price; or

(12) Inability to obtain or renew surety bond.

Source: SL 1990, ch 246, § 4; SL 1997, ch 182, § 8; SL 2005, ch 162, § 17.
S.D. Codified Laws § 32-30-23 — SD Code / Title 32 / Chapter 30 / Section 32-30-23
Removal of parking from municipal street--Approval of municipality and transportation commission
Status: in_force

Notwithstanding the provisions of §§ 31-4-14 , 31-32-13 , and 32-30-2.4 , no parking may be removed from a municipal street in a municipality with a population in excess of sixty thousand which is part of the state trunk highway system until that removal of parking has been approved by both the governing body of the municipality and the transportation commission. The governing body of the municipality and the transportation commission shall each provide an opportunity for a public hearing on the removal before approval is given.

Source: SL 1982, ch 219.
S.D. Codified Laws § 32-3-61 — SD Code / Title 32 / Chapter 3 / Section 32-3-61
Auction of vehicle covered by lien--Consent and release of lien holder--Violation as misdemeanor
Status: in_force

An auctioneer may not sell a vehicle that has a certificate of title with a lien on it for less than the full amount of the lien, without the advance written consent of the lien holder. An auctioneer may not release the proceeds from the sale of a vehicle with a lien on the title until the lien holder signs a release of the lien. A violation of this section is a Class 2 misdemeanor.

Source: SL 1986, ch 27, § 15; SL 1989, ch 255, § 5.
S.D. Codified Laws § 32-5B-2.2 — SD Code / Title 32 / Chapter 5B / Section 32-5B-2.2
Exemption for self-propelled agricultural application unit
Status: in_force

Any self-propelled agricultural application unit that is purchased for use in this state is exempt from the provisions of this chapter and chapters 32-3 and 32-5 . For purposes of this section, the term, self-propelled agricultural application unit, is defined as equipment designed and used exclusively to carry and apply fertilizer, pesticides, or related products for agricultural purposes. This term does not include an application unit attached to a motor vehicle chassis.

Source: SL 2022, ch 94, § 2.
S.D. Codified Laws § 32-20A-12 — SD Code / Title 32 / Chapter 20A / Section 32-20A-12
Hunting from snowmobile prohibited--Coyote hunting excepted--Penalty
Status: in_force

An individual may not chase, drive, harass, kill, or attempt to kill any game animal or game bird, with or from a snowmobile.

Notwithstanding the prohibition of this section, an individual may use a snowmobile in the taking of a coyote if:

(1) The individual is on property that the individual owns or leases or the individual is on the property as an invitee of the owner or lessee;

(2) The individual is at least eighteen years of age;

(3) The individual is not engaged in harassing the coyote;

(4) The individual is using a firearm to take the coyote;

(5) The snowmobile is stationary at the time the individual shoots or attempts to shoot the coyote; and

(6) No other individual is aboard the snowmobile.

A violation of this section is a Class 2 misdemeanor.

Source: SL 1971, ch 182, § 10; SL 1989, ch 255, § 115; SL 2011, ch 145, § 2; SL 2024, ch 119, § 1.
S.D. Codified Laws § 32-40-17 — SD Code / Title 32 / Chapter 40 / Section 32-40-17
Construction with financial responsibility law
Status: in_force

Any exclusion as allowed by § 32-40-16 applies notwithstanding any requirement under chapter 32-35 . Nothing in this chapter implies or requires that a personal motor vehicle insurance policy provide coverage while the driver is logged on to the transportation network company's digital network, while the driver is engaged in a prearranged ride, or while the driver otherwise uses a vehicle to transport riders for compensation.

Source: SL 2016, ch 167, § 17.
S.D. Codified Laws § 32-3-22 — SD Code / Title 32 / Chapter 3 / Section 32-3-22
Assignment and attachment of vehicle identification number--Registration under assigned number--Violation as felony--Fees
Status: in_force

The department shall assign a distinguishing vehicle identification number to comply with the standardized replacement vehicle identification number system to any motor vehicle, trailer, or semitrailer or any component part if the vehicle identification number is illegible, destroyed, or obliterated. If the department assigns a number to a motor vehicle or a trailer that weighs three thousand pounds or more, the owner shall have the number appropriately attached by an employee of the department or the highway patrol. If the department assigns a number to a trailer that weighs less than three thousand pounds, the owner of the trailer shall permanently affix the assigned number to the neck of the trailer and have an employee of the department or any South Dakota law enforcement officer certify, on a form designated by the department, that the number was properly affixed to the trailer. Any motor vehicle, trailer, or semitrailer to which the vehicle identification number is assigned shall be registered under the number if registration is required under this chapter. The removal or the alteration of the vehicle identification number or the failure to have the number attached is a Class 6 felony. The owner of the motor vehicle, trailer, or semitrailer shall pay an amount to the department to reimburse the state for the cost of the issuance and attachment of the assigned number. The money collected shall be deposited in the motor vehicle fund.

Source: SDC 1939, § 44.0202 (7) as added by SL 1951, ch 229, § 2; SL 1965, ch 186, § 2; SL 1967, ch 186; SL 1985, ch 238, § 3; SL 1986, ch 242, § 35; SL 1988, ch 236, § 6; SL 1989, ch 257, § 24; SL 2017, ch 127, § 1.
S.D. Codified Laws § 32-26-8 — SD Code / Title 32 / Chapter 26 / Section 32-26-8
Designation of lane for slow-moving traffic--Violation as misdemeanor
Status: in_force

Official signs may be erected on a roadway divided into lanes directing slow - moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such sign. A violation of this section is a Class 2 misdemeanor.

Source: SL 1961, ch 150, § 1 (3); SL 1989, ch 255, § 147.
S.D. Codified Laws § 32-30-21 — SD Code / Title 32 / Chapter 30 / Section 32-30-21
Backing prohibited on controlled-access highway--Violation as misdemeanor
Status: in_force

The driver of a vehicle may not back the vehicle upon any shoulder or roadway of any controlled - access highway. A violation of this section is a Class 2 misdemeanor.

Source: SL 1970, ch 175, § 31, § 10; SL 1989, ch 255, § 206.
S.D. Codified Laws § 32-6B-74 — SD Code / Title 32 / Chapter 6B / Section 32-6B-74
Contents of notice
Status: in_force

The notice shall be in writing and shall include:

(1) The prospective transferee's name, address, financial qualifications, and business experience;

(2) A copy of pertinent agreements regarding the proposed transfer, assignment, or sale;

(3) Completed application forms and related information generally utilized by the manufacturer or franchisor in reviewing prospective dealers; and

(4) The prospective transferee's written agreement to comply with the terms of the franchise agreement to the extent that the franchise agreement is not in conflict with this chapter.

Source: SL 2000, ch 150, § 2.
S.D. Codified Laws § 32-26-36.1 — SD Code / Title 32 / Chapter 26 / Section 32-26-36.1
Driving to left permitted on one-way roads or in turning
Status: in_force

The limitations of §§ 32-26-35 and 32-26-36 shall not apply upon a one - way roadway, nor to the driver of a vehicle turning left into or from an alley, private road, or driveway.

Source: SL 1970, ch 175, § 19.
S.D. Codified Laws § 32-9-54 — SD Code / Title 32 / Chapter 9 / Section 32-9-54
Fee for certain vehicles transporting passengers--Seating capacity--Maximum weight
Status: in_force

Except as to motor passenger buses operating exclusively within the corporate limits of any municipality, there shall be paid as the annual license fee for any vehicle in the transportation of persons for hire over the highways of this state, with a seating capacity of sixteen or more passengers, including the driver, a fee based on the provisions of § 32-9-15 . The gross maximum weight shall be the largest gross maximum weight the unit will haul.

Source: SL 1986, ch 242, § 38; SL 1992, ch 60, § 2; SL 2003, ch 165, § 3.
S.D. Codified Laws § 32-6B-1.4 — SD Code / Title 32 / Chapter 6B / Section 32-6B-1.4
Temporary supplemental lot defined
Status: in_force

For the purposes of this chapter, the term, temporary supplemental lot, means a location other than the principal place of business or supplemental lot that is:

(1) Within the same county as the principal place of business;

(2) Within the corporate limits of a municipality that overlaps boundaries of an adjoining county;

(3) Within an adjoining county, if the adjoining county has no licensed vehicle dealer selling automobiles, pick-ups, or passenger vans and the lot is within a ten-mile radius of the principal place of business; or

(4) Within an adjoining county that has no like franchised licensed dealer.

A licensed vehicle dealer or a licensed used vehicle dealer may conduct business at such a lot for a period of time not to exceed ten consecutive days for a specific purpose such as fairs, vehicle shows, auctions, shopping center promotions, or tent sales. A temporary supplemental lot shall meet all local zoning and building codes for the type of business being conducted. If a licensed vehicle dealer establishes a temporary supplemental lot in a county with a licensed used vehicle dealer, a licensed used vehicle dealer in that county may establish a temporary supplemental lot in the county of the licensed vehicle dealer.

Source: SL 2019, ch 130, § 5.
S.D. Codified Laws § 32-28-8.1 — SD Code / Title 32 / Chapter 28 / Section 32-28-8.1
Lane direction control signals
Status: in_force

When lane direction control signals are placed over the individual lanes of a street or highway, vehicular traffic may travel in any lane over which a green signal is shown, but shall not enter or travel in any lane over which a red signal is shown.

Source: SL 1970, ch 175, § 23, § 2.
S.D. Codified Laws § 32-6B-69.1 — SD Code / Title 32 / Chapter 6B / Section 32-6B-69.1
Audit by franchisor--Limitation--Exception
Status: in_force

A franchisor may reasonably and periodically audit a franchisee to determine the validity of paid claims or chargebacks for customer or dealer incentives. An audit of incentive payments may apply only for a period of one year after the claims are paid to the dealer. The limitations of this section do not apply if the franchisor can prove fraud.

Source: SL 2002, ch 153, § 5; SL 2010, ch 156, § 15, eff. Mar. 9, 2010.
S.D. Codified Laws § 32-22-54 — SD Code / Title 32 / Chapter 22 / Section 32-22-54
Cancellation of license plates on fourth overweight conviction--Period before reissuance
Status: in_force

Upon a fourth or subsequent conviction of any person for operating a motor vehicle in violation of the provisions of §§ 32-22-2 to 32-22-33 , inclusive, the court in which such conviction is obtained may, as a part of the judgment, cancel and require the surrender of the license plates of the vehicle involved, which plates shall be transmitted to the Department of Public Safety, together with a copy of the judgment; and license plates may not be issued for such vehicle before the expiration of one year from the date of the judgment.

Source: SDC 1939, § 44.9929 as added by SL 1949, ch 173; SL 1953, ch 240; SL 1983, ch 241, § 10; SL 2003, ch 272, § 23.
S.D. Codified Laws § 32-5-6 — SD Code / Title 32 / Chapter 5 / Section 32-5-6
Schedule of fees for noncommercial automobiles, pickup trucks, and vans
Status: in_force

License fees and compensation on a noncommercial motor vehicle which is an automobile, pickup truck, or van as provided by § 32-5-5 , shall be determined by the manufacturer's shipping weight, including accessories, as follows:

(1) Two thousand pounds or less, inclusive, thirty-six dollars;

(2) From 2,001 to 4,000 pounds, inclusive, seventy-two dollars;

(3) From 4,001 to 6,000 pounds, inclusive, one hundred eight dollars; and

(4) Over 6,000 pounds, one hundred forty-four dollars.

Source: SDC 1939, § 44.0107 (1); SL 1977, ch 249, § 5; SL 1989, ch 257, § 56; SL 1990, ch 233, § 2; SL 1991, ch 239, § 2; SL 1992, ch 26, § 7; SL 1999, ch 59, § 2; SL 2011, ch 139, § 1; SL 2011, ch 139, § 11, eff. July 1, 2013; SL 2015, ch 165, § 12, eff. Apr. 1, 2015.
S.D. Codified Laws § 32-22-62 — SD Code / Title 32 / Chapter 22 / Section 32-22-62
Exemption of tow trucks or wreckers under certain conditions
Status: in_force

Any tow truck or wrecker, as defined by § 32-17-10 , when moving any damaged, disabled, or abandoned vehicle from any highway emergency to the first point of unloading is exempt from the weight, width, height, and length restrictions imposed by this chapter. The combination of vehicles may not exceed the posted weight limits of any bridge. This section applies only to a tow truck or wrecker located within a two hundred mile radius of the operator's principal place of business.

Source: SL 1994, ch 260; SL 2017, ch 142, § 1.
S.D. Codified Laws § 32-3-70 — SD Code / Title 32 / Chapter 3 / Section 32-3-70
Electronic lien filing system--Paper title--Liability for noting or canceling lien in error
Status: in_force

Notwithstanding any other provision of this title, the department may provide for an electronic lien filing system. If a lien has been noted electronically in the electronic lien filing system, no paper title may be issued to the owner of record or the lienholder. A paper title shall be issued under the following circumstances:

(1) The lien has been satisfied and the owner requests a title;

(2) The owner is relocating to another state and the lienholder authorizes the issuance of a title with the lien noted;

(3) The ownership listed on the title is being changed and the lienholder authorizes the issuance of a title with the lien noted; or

(4) The titled vehicle has been determined to be a salvage vehicle pursuant to § 32-3-51.19 .

A lien shall be noted or cancelled electronically if an electronic certificate of title exists and the lienholder is participating in the electronic lien filing system. A lien noted electronically is considered perfected as if a paper title was issued and a lien had been noted on the title pursuant to § 32-3-29 or 32-3-41 . A lienholder is liable for noting or canceling a lien in error.

Source: SL 2008, ch 152, § 1; SL 2012, ch 159, § 2; SL 2013, ch 135, § 3; SL 2017, ch 128, § 6; SL 2018, ch 174, § 2.
S.D. Codified Laws § 32-20-16 — SD Code / Title 32 / Chapter 20 / Section 32-20-16
Display of blue light as part of rear brake light authorized
Status: in_force

A motorcycle may display a blue light of up to one - inch diameter as part of the motorcycle's rear brake light.

Source: SL 2004, ch 215, § 1.
S.D. Codified Laws § 32-5B-10 — SD Code / Title 32 / Chapter 5B / Section 32-5B-10
Payment of tax
Status: in_force

The tax levied by § 32-5B-1 shall be paid to the county treasurer in the county of the new owner's residence. However, for a motor vehicle licensed and registered pursuant to chapter 32-10 , the tax shall be paid to the Department of Revenue.

Source: SL 1985, ch 241, § 5; SL 2004, ch 17, § 82; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-20A-6 — SD Code / Title 32 / Chapter 20A / Section 32-20A-6
Operation in ditch permitted--Crossing of roadways restricted--Violation as misdemeanor
Status: in_force

A duly registered and licensed snowmobile may be operated in the right - hand or left - hand ditch on state designated snowmobile trails, and in the right - hand ditch outside the roadway of other than interstate highways, but not upon or across any highway except as provided by § 32-20A-7 . A violation of this section is a Class 2 misdemeanor.

Source: SL 1971, ch 182, § 5; SL 1986, ch 260; SL 1989, ch 255, § 118; SL 1996, ch 204, § 2.
S.D. Codified Laws § 32-3A-35 — SD Code / Title 32 / Chapter 3A / Section 32-3A-35
No tax paid title for large boat
Status: in_force

The secretary may, upon the completion of an application for a title, payment of the title fee and surrender of evidence of ownership by an applicant, issue a certificate of title, no tax paid, for a large boat if the applicant certifies on the application that the large boat is not going to be used upon the waters of this state or any other state. If a no tax paid title is issued, the applicant may not use the large boat upon the waters of this state.

Source: SL 1993, ch 322, § 9; SL 1994, ch 335, § 42; SDCL 42-8-87.
S.D. Codified Laws § 32-26-3 — SD Code / Title 32 / Chapter 26 / Section 32-26-3
Passing oncoming vehicles to right--Yielding one-half of highway--Violation as misdemeanor
Status: in_force

Drivers of vehicles proceeding in opposite directions shall pass each other to the right, each giving to the other at least one - half of the main - traveled portion of the roadway as nearly as possible. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0311; SL 1989, ch 255, § 143.
S.D. Codified Laws § 32-12-17.6 — SD Code / Title 32 / Chapter 12 / Section 32-12-17.6
Loaning nondriver identification card prohibited--Misdemeanor
Status: in_force

It is a Class 1 misdemeanor for any person to lend his nondriver identification card to any other person or knowingly permit the use thereof by another.

Source: SL 1991, ch 253, § 4.
S.D. Codified Laws § 32-25-25.1 — SD Code / Title 32 / Chapter 25 / Section 32-25-25.1
Nonprofit snowmobile racing exempt from speed provisions
Status: in_force

No provision of this chapter is applicable to a person driving or operating a snowmobile in a snowmobile race sponsored by a nonprofit organization duly organized under the laws of this state, provided such sponsoring nonprofit organization obtains the approval of the Department of Public Safety prior to the race regarding the route of the race, and provided further that the race is conducted in accordance with rules promulgated by the Department of Public Safety.

Source: SL 1977, ch 263, § 2; SL 1982, ch 18, § 29; SL 2003, ch 272, § 121.
S.D. Codified Laws § 32-3A-53 — SD Code / Title 32 / Chapter 3A / Section 32-3A-53
Purchase price defined
Status: in_force

For the purposes of this chapter, the purchase price is:

(1) For a new large boat, the total consideration whether received in money or otherwise. However, if a large boat is taken in trade as a credit or part payment on a new large boat, the credit or trade - in value allowed by the seller shall be deducted from the total consideration for the new large boat to establish the purchase price;

(2) For a used large boat sold or transferred by a dealer, the total consideration for the used large boat whether received in money or otherwise. However, if a large boat is taken in trade by the dealer as a credit or part payment on a used large boat, the credit or trade - in value allowed by the dealer shall be deducted from the consideration so that the net consideration is established;

(3) For a used large boat sold or transferred by any person other than a dealer, the total consideration received in money or otherwise. However, if a large boat is taken in trade as a credit or part payment on a used large boat, the credit or trade - in value shall be deducted from the total consideration so that the net consideration is established. The purchaser and seller of the large boat shall submit to the county treasurer a bill of sale, approved and supplied by the secretary. If a bill of sale is not submitted, the excise tax shall be assessed on the retail value as stated in a nationally recognized dealers' guide as approved by the secretary of revenue. If the excise tax is assessed on the retail value, the value of the large boat taken in as credit on trade - in shall be the retail value as stated in the nationally recognized dealers' guide;

(4) For a new or used large boat acquired by gift or other transfer for no or nominal consideration, the manufacturers' suggested dealer list price for new large boats and for used large boats the retail value stated in a nationally recognized dealers' guide approved and furnished by the secretary of revenue;

(5) For a large boat manufactured by a person who registers it under the laws of this state, the amount expended for materials, labor and other properly allocable costs of manufacture or in the absence of actual expenditures for the manufacture of a part or all of the large boat, the reasonable value of the completed large boat;

(6) For a rebuilt large boat, upon its initial registration and titling, the total consideration for the salvage large boat, whether received in money or otherwise.

Source: SL 1993, ch 102, § 4; SL 1994, ch 335, § 6; SDCL 10-60-4.
S.D. Codified Laws § 32-35-95 — SD Code / Title 32 / Chapter 35 / Section 32-35-95
Periods during which proof must be maintained--Conditions for waiver of requirement of proof
Status: in_force

The Department of Public Safety shall upon request consent to the immediate cancellation of any bond or certificate of insurance, or the department shall direct and the state treasurer shall return to the person entitled thereto any money or securities deposited pursuant to this chapter as proof of financial responsibility, or the department shall waive the requirement of filing proof, in any of the following events:

(1) At any time after three years from the date such proof was required when during the three - year period preceding the request, the department has not received record of a conviction or a forfeiture of bail which would require or permit the suspension or revocation of the license or registration of the person by or for whom such proof was furnished; or

(2) In the event of the death of the person on whose behalf such proof was filed or the permanent incapacity of such person to operate a motor vehicle; or

(3) In the event the person who has given proof surrenders his license and registration to the department; or

(4) Upon satisfying a judgment in full if the judgment debtor has received his license and registration or nonresident's operating privilege pursuant to § 32-35-54 and has furnished proof of financial responsibility continuously for the last three years.

Source: SL 1957, ch 212, § 62; SDC Supp 1960, § 44.03A62; SL 1993, ch 240; SL 2004, ch 17, § 176.
S.D. Codified Laws § 32-15-5 — SD Code / Title 32 / Chapter 15 / Section 32-15-5
Nontransparent material on windows prohibited--Petty offense--Official certificates excepted
Status: in_force

It is a petty offense for any person to drive any vehicle upon a highway with any sign, poster, or other nontransparent material upon the front windshield, side wings, side, or rear windows of such motor vehicle other than a certificate or other paper required to be so displayed by law or temporary driving instructions placed thereon by the manufacturer unless the same shall not obstruct the driver's clear view of the highway or any intersecting highway.

Source: SDC 1939, § 44.0349; SL 1967, ch 199, § 1; SL 1977, ch 189, § 102.
S.D. Codified Laws § 32-5B-2 — SD Code / Title 32 / Chapter 5B / Section 32-5B-2
Exempt vehicles
Status: in_force

Motor vehicles exempted from the provisions of this chapter are as follows:

(1) Any motor vehicle exempted in § 32-5-1.3 , 32-5-42 , 32-5-42.1 , or 32-5-42.2 ;

(2) Any motor vehicle acquired by inheritance from or bequest of a decedent;

(3) Any motor vehicle 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 motor vehicle transferred without consideration between spouses, between a parent and child, and between siblings;

(5) Any motor vehicle 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 motor vehicle was previously titled, licensed, and registered in this state;

(6) Any motor vehicle 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 motor vehicle was previously titled, licensed, and registered in this state;

(7) Any motor vehicle 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 motor vehicle 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 motor vehicle was previously titled, licensed, and registered in this state;

(8) Any motor vehicle 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 motor vehicle was previously titled, licensed, and registered in this state;

(9) Any motor vehicle transferred between an individual and a 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 motor vehicle was previously titled, licensed, and registered in this state;

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

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

(12) Any motor vehicle sold or transferred that is eleven or more model years old and that is sold or transferred for two thousand five hundred dollars or less before trade-in;

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

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

(15) Any motor vehicle 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 motor vehicle was previously titled, licensed, and registered in this state;

(16) Any motor vehicle 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 motor vehicle was previously titled, licensed, and registered in this state;

(17) Any motor vehicle transferred by a trustor to a trustee or from a trustee to a beneficiary of a trust;

(18) Any motor vehicle rented for twenty-eight days or less is subject to the tax imposed by § 32-5B-20 ;

(19) Any motor vehicle transferred without consideration to any South Dakota nonprofit organization that is exempt under § 501(c)(3) of the Internal Revenue Code and that will donate the motor vehicle to a needy family or individual; and

(20) Any motor vehicle transferred without consideration to any South Dakota nonprofit organization that is exempt under § 501 (c)(3) of the Internal Revenue Code and that sells the motor vehicle within forty-five days of the transfer.

Source: SL 1985, ch 241, § 3; SL 1986, ch 242, § 20; SL 1987, ch 220; SL 1987, ch 222, § 2; SL 1988, ch 241, § 2; SL 1988, ch 247; SL 1990, ch 230, § 6; SL 1990, ch 234, § 2; SL 1990, ch 238; SL 1991, ch 395, § 2; SL 1993, ch 225, § 2; SL 1994, ch 245, § 3; SL 2006, ch 160, § 1; SL 2007, ch 175, § 1; SL 2014, ch 139, § 4; SL 2014, ch 140, § 4; SL 2016, ch 160, § 1; SL 2016, ch 161, § 1.
S.D. Codified Laws § 32-5-42.1 — SD Code / Title 32 / Chapter 5 / Section 32-5-42.1
Nonprofit community support provider vehicles--Registration--Plates--Disposition of costs
Status: in_force

Motor vehicles which are the property of nonprofit community support providers (sheltered workshops) recognized or approved by the Department of Education in this state, and which are used exclusively by such nonprofit community support providers (sheltered workshops), may be registered upon application, in the manner provided for other motor vehicles. However, the custodian of the vehicle shall make application directly to the department. No fees may be charged for the registration of the vehicle. The department shall furnish number plates for the vehicle upon payment of the actual cost of the plates. All costs collected under the provisions of this section shall be deposited in the license plate special revenue fund. Disbursements from the fund shall be made by warrants drawn by the state auditor on vouchers duly approved by the department.

Source: SL 1975, ch 197; SL 1985, ch 401, § 23; SL 1989, ch 257, § 63; SL 1996, ch 192, § 1; SL 2003, ch 272, § 63; SL 2009, ch 138, § 7.
S.D. Codified Laws § 32-5B-1 — SD Code / Title 32 / Chapter 5B / Section 32-5B-1
Imposition of tax--Rate--Failure to pay as misdemeanor
Status: in_force

In addition to all other license and registration fees for the use of the highways, a person shall pay an excise tax at the rate of four percent on the purchase price of any motor vehicle, as defined by § 32-3-1 or 32-5B-21 , purchased or acquired for use on the streets and highways of this state and required to be registered under the laws of this state. A person shall pay an excise tax at the rate of four percent on the purchase of an off-road vehicle as defined by § 32-3-1 and required to be titled pursuant to § 32-20-12 . This tax shall be in lieu of any tax levied by chapters 10-45 , 10-46 , and 10-46E on the sales of such vehicles. Failure to pay the full amount of excise tax is a Class 1 misdemeanor.

Source: SL 1985, ch 241, § 1; SL 1988, ch 236, § 21; SL 2000, ch 145, § 1; SL 2015, ch 68, § 3; SL 2015, ch 165, § 5, eff. Apr. 1, 2015; SL 2016, ch 159, § 1.
S.D. Codified Laws § 32-22-42.3 — SD Code / Title 32 / Chapter 22 / Section 32-22-42.3
Livestock hauler exemption
Status: in_force

A motor vehicle hauling livestock as defined in § 39-5-6 is not in violation of the maximum axle or tire weight limits set by § 32-22-16 or 32-22-21 due to the shifting of the load if the total gross vehicle weight of the vehicle is within the maximum limits set by §§ 32-22-16 and 32-22-21 and the load is adjusted to the legal limits on axle and tire.

Source: SL 1983, ch 248.
S.D. Codified Laws § 32-29-2 — SD Code / Title 32 / Chapter 29 / Section 32-29-2
Stop and yield signs to designate through highways--Visibility at night
Status: in_force

The Department of Transportation with reference to state highways and local authorities with reference to highways under their jurisdiction may designate main traveled or through highways by erecting at the entrances thereto from intersecting highways stop or yield signs. All such signs shall be illuminated at night or so placed as to be illuminated by headlights of an approaching vehicle.

Source: SDC 1939, § 44.0321; SL 1957, ch 220; SL 1961, ch 225, § 1; SL 1965, ch 194; SL 1970, ch 175, § 24; SL 1980, ch 211, § 9.
S.D. Codified Laws § 32-6B-16 — SD Code / Title 32 / Chapter 6B / Section 32-6B-16
Modification of license certificate--Display of license
Status: in_force

Any license certificate issued by the department may be modified by indorsement to show a change in the name of the licensee, provided the majority ownership interest of the license has not changed or the name of the person appearing as franchisee on the sales and service agreement has not changed. Modification of a license certificate to show a change as provided does not require initial licensure or reissuance of dealer license plates. Every person licensed as a vehicle dealer shall display his license in a conspicuous place at his principal place of business.

Source: SL 1986, ch 250, § 17.
S.D. Codified Laws § 32-41-10 — SD Code / Title 32 / Chapter 41 / Section 32-41-10
Vehicle equipment standards--Applicability
Status: in_force

A fully autonomous vehicle that is designed to be operated exclusively by the automated driving system for all trips is not subject to motor vehicle equipment laws or regulations of this state that:

(1) Relate to motor vehicle operation by a human driver seated in the vehicle; and

(2) Are not relevant to an automated driving system.

Source: SL 2024, ch 122, § 10.
S.D. Codified Laws § 32-3-30.2 — SD Code / Title 32 / Chapter 3 / Section 32-3-30.2
Abstract of title history or damage disclosure statements--Fee
Status: in_force

The department may, upon written request and payment of a five dollar fee, furnish a person an abstract of the title history of any motor vehicle and semitrailer registered pursuant to this title including any damage disclosure statement of the motor vehicle and semitrailer. The abstract may include all documents filed with the department to establish the title history of the vehicle and semitrailer. The fee shall be deposited in the state motor vehicle fund. Governmental entities and their subdivisions are exempt from this fee requirement.

Source: SL 1980, ch 212, § 1; SL 1988, ch 238, § 7B; SL 1989, ch 257, § 32; SL 1990, ch 231, § 6; SL 2021, ch 130, § 2.
S.D. Codified Laws § 32-17-28 — SD Code / Title 32 / Chapter 17 / Section 32-17-28
Vehicles required to be equipped with portable flares, lights or reflectors--Visibility--Violation as misdemeanor
Status: in_force

Every motor truck, tractor, truck tractor, farm tractor, road tractor, or road patrol, or any and all combinations thereof, including trailers and semitrailers, and all vehicles exceeding a width at any point of eighty inches operated on the public highways of this state whether operated for commercial purposes or otherwise, shall be equipped at all times with at least three portable flares, or red electric lights, or red reflectors, or emergency reflective triangles, in workable condition which, when lighted and placed as provided in § 32-17-29 , are plainly visible for a distance of five hundred feet. No flame - producing flare or emergency signal may be used when the vehicle is transporting explosives, flammable liquids, flammable gases, or when the vehicle is a cargo tank used for transporting such flammable products. A violation of this section is a Class 2 misdemeanor. A subsequent violation is subject to § 32-17-30 .

Source: SDC 1939, § 44.0353; SL 1939, ch 171; SL 1974, ch 219, § 21; SL 1984, ch 228, § 6; SL 1989, ch 255, § 67.
S.D. Codified Laws § 32-30-9 — SD Code / Title 32 / Chapter 30 / Section 32-30-9
Display of license required
Status: in_force

Any license issued as provided in subdivision 32-5-157(2), shall be displayed prominently upon the motor vehicle while being parked by or under the direction of the veteran pursuant to § 32-30-11.1 .

Source: SL 1955, ch 192, § 3; SDC Supp 1960, § 41.0512; SL 1992, ch 228, § 3; SL 2014, ch 142, § 35.
S.D. Codified Laws § 32-20-15 — SD Code / Title 32 / Chapter 20 / Section 32-20-15
Budget and appropriation of revenue available for motorcycle safety education
Status: in_force

Any revenue derived from the fee imposed by § 32-5-10.1 and any other revenue made available to the Department of Public Safety to be used for the purposes of providing motorcycle safety courses and motorcycle safety education shall be budgeted pursuant to chapter 4-7 and appropriated pursuant to chapters 4-8 , 4-8A , and 4-8B .

Source: SL 1992, ch 222, § 4; SL 2003, ch 272, § 121.
S.D. Codified Laws § 32-12-30 — SD Code / Title 32 / Chapter 12 / Section 32-12-30
Unlicensable persons--Suspended or revoked license or privilege to drive--Exceptions--Out-of-state suspension
Status: in_force

The Department of Public Safety may not issue any license under this chapter to any person whose license or privilege to drive is suspended or revoked, except as provided in §§ 32-12-47.1 and 32-12-48 . If the denial of a license is a result of an out - of - state suspension or revocation that is at least eight years old, the department may grant temporary driving privileges to drive on the highways of this state. The department may cancel temporary driving privileges at the end of sixty days if that person has not satisfied the out - of - state suspension or revocation.

Source: SL 1959, ch 261, § 3; SDC Supp 1960, § 44.03B03 (2); SL 1989, ch 265, § 24; SL 1996, ch 198; SL 2001, ch 171, § 31; SL 2003, ch 272, § 23.
S.D. Codified Laws § 32-35-62 — SD Code / Title 32 / Chapter 35 / Section 32-35-62
Failure to pay installments--Suspension of licenses
Status: in_force

In the event the judgment debtor referred to in § 32-35-61 fails to pay any installment as specified by such order, then upon notice of such default, the Department of Public Safety shall forthwith suspend the license or nonresident's operating privilege and the Department of Revenue shall forthwith suspend the registration of the judgment debtor until such judgment is satisfied, as provided in this chapter.

Source: SL 1957, ch 212, § 45; SDC Supp 1960, § 44.03A45; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2004, ch 17, § 163; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-3-34 — SD Code / Title 32 / Chapter 3 / Section 32-3-34
Assistance by 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: SDC 1939, § 44.0202; SL 1951, ch 229, § 2; SDC Supp 1960, § 44.0202 (6); SL 1988, ch 236, § 9; SL 2003, ch 160, § 3.
S.D. Codified Laws § 32-20-9.5 — SD Code / Title 32 / Chapter 20 / Section 32-20-9.5
Restriction to two abreast--Violation as misdemeanor
Status: in_force

No person may operate a motorcycle more than two abreast in a single lane. A violation of this section is a Class 2 misdemeanor.

Source: SL 1970, ch 176, § 1, § 8; SL 1989, ch 255, § 103.
S.D. Codified Laws § 32-3A-59 — SD Code / Title 32 / Chapter 3A / Section 32-3A-59
Seller's books and records--Availability--Retention
Status: in_force

Any seller of a large boat shall, on demand by the secretary of revenue, make available all books, records, and memoranda that relate to the sale of a large boat. The secretary may conduct an audit of the books and records of any seller of a large boat failing or refusing to produce such records. All books, records, and memoranda which relate to the sale of a large boat shall be retained by the seller for five years.

Source: SL 1993, ch 102, § 11; SL 1994, ch 335, § 12; SDCL 10-60-10; SL 2021, ch 130, § 4.
S.D. Codified Laws § 32-20B-6 — SD Code / Title 32 / Chapter 20B / Section 32-20B-6
Turning, stopping, starting, slowing--Signals and lookout--Overtaking on the right--Violation as misdemeanor
Status: in_force

A person operating a bicycle shall give a continuous signal of intention to turn right or left during the last one hundred feet traveled by the bicycle before turning. The signal shall also be given while the bicycle is stopped waiting to turn. A signal by hand and arm need only be given intermittently if the hand is needed in the control operation of the bicycle. No driver of a bicycle may overtake another vehicle on the right if the overtaken vehicle is signaling to make a right turn. Except as provided in this section, a person operating a bicycle shall comply with the provisions of §§ 32-26-22 and 32-26-22.1 . A violation of this section is a Class 2 misdemeanor.

Source: SL 1982, ch 226, § 10; SL 2015, ch 173, § 2.
S.D. Codified Laws § 32-12-35 — SD Code / Title 32 / Chapter 12 / Section 32-12-35
Unlicensable persons--Driving inimical to public safety or welfare
Status: in_force

The Department of Public Safety shall not issue any license under this chapter to any person when the department has good cause to believe that the operation of a motor vehicle on the highways by such person would be inimical to public safety or welfare.

Source: SL 1959, ch 261, § 3; SDC Supp 1960, § 44.03B03 (7); SL 2003, ch 272, § 23.
S.D. Codified Laws § 32-5-46 — SD Code / Title 32 / Chapter 5 / Section 32-5-46
Vehicles owned by nonresidents--Compliance with laws of foreign state--Display of foreign license plates
Status: in_force

The provisions of this chapter, except as otherwise specifically provided, relative to registration, payment of license fees, and display of registration numbers do not apply to any motor vehicles owned by a nonresident of this state, if the owner has complied with the provisions of the law of the state of which he is a resident, relative to the registration thereof and the display of a registration number plate or plates thereon. The owner shall conspicuously display his registration number plate or plates as required by the law of this state.

Source: SDC 1939, § 44.0112; SL 1951, ch 225; SL 1989, ch 257, § 65.
S.D. Codified Laws § 32-5-174 — SD Code / Title 32 / Chapter 5 / Section 32-5-174
Retention time for emblem specialty plates
Status: in_force

Each emblem specialty plate authorized by § 32-5-167 shall be retained for the same period of time as plates referred to in § 32-5-83 .

Source: SL 2014, ch 143, § 8.
S.D. Codified Laws § 32-12A-52 — SD Code / Title 32 / Chapter 12A / Section 32-12A-52
Disqualification for conviction of violation of out-of-service order--First violation
Status: in_force

Any person is disqualified from driving a commercial motor vehicle for a period of one hundred eighty days if convicted of a first violation of an out-of-service order pursuant to § 32-12A-8.1 .

If a violation of an out-of-service order pursuant to this section occurred while transporting hazardous materials required to be placarded under 49 C.F.R. Part 172, Subpart F, as of January 1, 2015, or while operating a motor vehicle designed to transport sixteen or more passengers, including the driver, the operator is disqualified for a period of one hundred eighty days.

Source: SL 1996, ch 201, § 9; SDCL § 32-12-119; SL 2001, ch 171, § 115; SL 2007, ch 182, § 12; SL 2010, ch 161, § 11; SL 2011, ch 144, § 11; SL 2015, ch 168, § 36; SL 2022, ch 95, § 3.
S.D. Codified Laws § 32-7B-9.2 — SD Code / Title 32 / Chapter 7B / Section 32-7B-9.2
Agreement that dealer will satisfy lien by paying lienholder--Trade of boat or consignment agreement--Theft
Status: in_force

If a person trades in a boat to a dealer or enters into a consignment agreement with a dealer whereby the dealer will sell the boat and the boat has a lien noted on the title, the dealer and person may agree that the dealer shall satisfy the lien amount by paying the lienholder who is noted on the title. Failure to satisfy a lien pursuant to this section constitutes theft pursuant to chapter 22-30A . The degree of theft is determined by the amount of the unsatisfied lien. Multiple violations of this section occurring within any thirty-day period may be aggregated in amount to determine the degree of theft.

Source: SL 2005, ch 159, § 16.
S.D. Codified Laws § 32-26-6 — SD Code / Title 32 / Chapter 26 / Section 32-26-6
Lane driving required--Changing lanes--Violation as misdemeanor
Status: in_force

On a roadway divided into lanes, a vehicle shall be driven as nearly as practicable entirely within a single lane and may not be moved from such lane until the driver has first ascertained that such movement can be made with safety. A violation of this section is a Class 2 misdemeanor.

Source: SL 1961, ch 150, § 1 (1); SL 1989, ch 255, § 145.
S.D. Codified Laws § 32-7A-3.2 — SD Code / Title 32 / Chapter 7A / Section 32-7A-3.2
Temporary locations for certain purposes--Time limit--Zoning and building requirements
Status: in_force

A licensed dealer may use a location other than the principal place of business or supplemental lots where he may conduct business for a period of time not to exceed ten consecutive days for a specific purpose such as fairs, farm and home shows, auctions, shopping center promotions, or tent sales. Such locations shall meet all local zoning and building codes for the type of business being conducted.

Source: SL 1986, ch 251, § 5.
S.D. Codified Laws § 32-10-2 — SD Code / Title 32 / Chapter 10 / Section 32-10-2
Policy to encourage reciprocal or proportional registration agreements
Status: in_force

It is the policy of this state to promote and encourage the fullest possible use of its highway system by authorizing the making and execution of motor vehicle reciprocal or proportional registration agreements, arrangements, and declarations with other states, provinces, territories, and countries with respect to vehicles registered in this and such other states, provinces, territories, and countries thus contributing to the economic and social development and growth of this state.

Source: SL 1961, ch 237, § 1.
S.D. Codified Laws § 32-25-12 — SD Code / Title 32 / Chapter 25 / Section 32-25-12
Speed limit in unposted urban areas--Violation as misdemeanor
Status: in_force

In urban areas which are not zoned or posted as provided in § 32-25-7 , the maximum lawful speed shall be twenty - five miles per hour. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0303 (5) to (7); SL 1941, ch 187, § 1; SL 1955, ch 168; SL 1959, ch 251, § 1; SDC Supp 1960, § 44.0303 (6) (a); SL 1970, ch 175, § 9; SL 1972, ch 182; SL 1989, ch 255, § 133.
S.D. Codified Laws § 32-5-156 — SD Code / Title 32 / Chapter 5 / Section 32-5-156
General requirements for military specialty plates
Status: in_force

Any owner applying for a military specialty plate listed in § 32-5-155 shall meet the following general requirements:

(1) Be a resident of this state;

(2) Possess a valid South Dakota driver license or a valid South Dakota nondriver identification card;

(3) Comply with all state laws regarding registration and licensing; and

(4) Pay all associated fees pursuant to §§ 32-5-159 and 32-5-160 .

Source: SL 2014, ch 142, § 3; SL 2015, ch 160, § 1.
S.D. Codified Laws § 32-30-10 — SD Code / Title 32 / Chapter 30 / Section 32-30-10
Confiscation of license plates upon conviction for violation of special privileges
Status: in_force

Upon conviction of any offense involving a violation of the special privilege conferred by § 32-30-11.1 upon holders of the distinctive license plates issued under subdivision 32-5-157(2), a magistrate or judge trying the case may, as a part of any penalty imposed, confiscate the distinctive license plates provided in subdivision 32-5-157(2), and return the license plates to the Department of Revenue together with a certified copy of the imposed sentence.

Source: SL 1955, ch 192, § 4; SDC Supp 1960, § 41.0512; SL 1992, ch 228, § 4; SL 2014, ch 142, § 36.
S.D. Codified Laws § 32-14-1 — SD Code / Title 32 / Chapter 14 / Section 32-14-1
Definitions
Status: in_force

Terms used in chapters 32-14 to 32-19 , inclusive, 32-12 and 32-22 to 32-34 , inclusive, mean:

(1) "Alcoholic beverage," as that term is defined by subdivision 35-1-1 (1);

(2) "Authorized emergency vehicle," a vehicle of a fire department, a police vehicle, an ambulance or emergency vehicle of a municipal department or public service corporation that is designated or authorized by the department or the Department of Health, and an emergency vehicle titled to a local organization for emergency management created pursuant to chapter 34-48A ;

(3) "Automobile transporter," a vehicle combination designed or modified to be used specifically for the transport of assembled highway vehicles;

(4) "Boat transporter," a vehicle combination designed or modified to be used specifically for the transport of assembled or partially disassembled boats and boat hulls;

(5) "Business district," the territory contiguous to a highway when fifty percent or more of the frontage thereon for a distance of three hundred feet or more is occupied by buildings in use for business;

(6) "Commission," the Public Utilities Commission;

(7) "Controlled drug or substance," as that term is defined in § 34-20B-3 ;

(8) "Crosswalk," that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface;

(9) "Department," the Department of Public Safety of this state acting directly or through its duly authorized officers and agents;

(9A) "Electric bicycle," as that term is defined in § 32-20B-9 ;

(10) "Farm tractor," a motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry;

(11) "Highway," the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public as a matter of right for purposes of vehicular travel;

(12) "Intersection," the area embraced within the prolongation of the lateral curb lines or, if none, then of the lateral boundary lines of two or more highways that join one another at an angle, whether or not one such highway crosses the other. However, the area, in the case of the point where an alley and a street meet within a municipality, is not an intersection;

(13) "Law enforcement officer," as that term is defined in § 23-3-27 ;

(14) "Local authorities," a county, municipal, township, road district, and other local board or body having authority to adopt local police regulations under the Constitution and laws of this state;

(15) "Metal tires," a tire that the surface in contact with the highway is wholly or partly of metal or other hard, nonresilient material;

(16) "Motorcycle," a motor vehicle designed to travel on not more than three wheels in contact with the ground, except any vehicle as may be included within the term, tractor;

(17) "Motor vehicle," a vehicle that is self-propelled. The term does not include an electric bicycle or multi-passenger quadricycle as defined in § 32-14-17 ;

(18) "Official traffic control device," a sign, signal, marking, and device not inconsistent with the law placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic. The term also includes a flagman or a sign, signal, marking, or other device temporarily placed or erected by a person working upon, along, above, or under a highway installing or maintaining a public service facility and which is necessary or required to warn, direct, or otherwise control traffic during the time of work or when a hazard exists;

(19) "Owner," a person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor is the owner for the purpose of said chapters;

(20) "Park or parking," the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers;

(21) "Pneumatic tire," a tire inflated with compressed air;

(22) "Private road or driveway," a road or driveway not open to the use of the public for purposes of vehicular travel;

(23) "Recreation vehicle," a self-propelled or towed vehicle equipped to serve as temporary living quarters for recreational, camping, or travel purposes and used solely as a family or personal conveyance and in no way used for a commercial purpose;

(24) "Residence district," the territory contiguous to a highway not comprising a business district when the frontage on the highway for a distance of three hundred feet or more is mainly occupied by dwellings or by dwellings and buildings in use for business;

(25) "Right-of-way," the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other;

(26) "Road tractor," a motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn;

(27) "Roadway," that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. If a highway includes two or more separate roadways, the term, roadway, refers to any such roadway separately but not to all such roadways collectively;

(28) "Safety zone," the area or space officially set aside within a highway for the exclusive use of pedestrians and which is so plainly marked or indicated by proper signs as to be plainly visible at all times while set apart as a safety zone;

(29) "Semitrailer," any vehicle of the trailer type equipped with a kingpin assembly, designed and used in conjunction with a fifth wheel connecting device on a motor vehicle and constructed so that some part of its weight and that of its load rests upon or is carried by another vehicle;

(30) "Sidewalk," that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for use of pedestrians;

(31) "Single axle" or "one axle," one or more consecutive axles whose centers may be included between two transverse vertical planes spaced forty inches or less apart, extending across the full width of the vehicle;

(32) "Solid rubber tire," a tire made of rubber other than a pneumatic tire;

(33) "Steering axle," any axle on the front of a motor vehicle that is activated by the operator to directly accomplish guidance or steerage of the motor vehicle or combination of vehicles;

(34) "Stinger-steered transporter combination," a truck tractor semitrailer combination with a fifth wheel located on a drop frame which is located behind and below the rearmost axle of the power unit;

(35) "Tandem axle," two or more consecutive axles whose centers may be included between parallel transverse vertical planes spaced more than forty inches and not more than ninety-six inches apart, extending across the full width of the vehicle;

(36) "Trailer," a vehicle without motive power designed for carrying property or passengers on its own structure and for being drawn by a motor vehicle;

(37) "Truck tractor," a motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn;

(38) "Urban district," the territory contiguous to and including any street that is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred feet for a distance of a quarter of a mile or more;

(39) "Vehicle," a device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks; including bicycles, electric bicycles, multi-passenger quadricycles, and ridden animals; and

(40) "Wireless communication device," any wireless electronic communication device that provides for voice or data communication between two or more parties, including a mobile or cellular telephone, a text messaging device, a personal digital assistant that sends or receives messages, an audio-video player that sends or receives messages, or a laptop computer. A wireless communication device does not include a global positioning or navigation system (GPS) used to receive driving directions.

Source: SDC 1939, § 44.0301; SL 1959, ch 250; SL 1967, ch 190; SL 1970, ch 175, §§ 2, 3; SL 1973, ch 195, §§ 1, 2; SL 1975, ch 205; SL 1988, ch 256; SL 1989, ch 256, §§ 9, 11; SL 1990, ch 257, § 4; SL 1996, ch 202, § 1; SL 1999, ch 151, § 4; SL 2004, ch 17, § 136; SL 2005, ch 169, § 3; SL 2008, ch 158, § 1; SL 2013, ch 145, § 1; SL 2015, ch 277 (Ex. Ord. 15-1), § 36, eff. Apr. 20, 2015; SL 2019, ch 135, § 13; SL 2024, ch 118, § 9.
S.D. Codified Laws § 32-20A-20 — SD Code / Title 32 / Chapter 20A / Section 32-20A-20
Incapacitated persons exempted from notice requirements
Status: in_force

Notice of the collision or accident is not required from any person who is physically incapable of making such report during the period of such incapacity.

Source: SL 1988, ch 260, § 3; SL 2000, ch 213, § 3.
S.D. Codified Laws § 32-33-21 — SD Code / Title 32 / Chapter 33 / Section 32-33-21
Enforcement of civil penalty--Lien
Status: in_force

The state's attorney for the county in which the violation of § 32-33-18 occurs may commence a civil in rem proceeding against a vehicle used in conjunction with a violation of § 32-33-18 . If it is established by a preponderance of the evidence that the charged vehicle was used in violation of § 32-33-18 , a civil penalty of one thousand dollars shall be assessed against the vehicle and shall constitute a lien on the vehicle until the penalty is satisfied.

Source: SL 1981, ch 250, § 2; SL 1989, ch 256, § 36; SL 2019, ch 138, § 2.
S.D. Codified Laws § 32-24-1 — SD Code / Title 32 / Chapter 24 / Section 32-24-1
Definition of reckless driving--Misdemeanor
Status: in_force

Any person who drives any vehicle upon a highway, alley, public park, recreational area, or upon the property of a public or private school, college, or university carelessly and heedlessly in disregard of the rights or safety of others, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property, is guilty of reckless driving. Reckless driving is a Class 1 misdemeanor.

Source: SDC 1939, § 44.9921; SL 1955, ch 185; SL 1977, ch 189, § 114; SL 1984, ch 233, § 1; SL 1989, ch 256, § 20.
S.D. Codified Laws § 32-5-165 — SD Code / Title 32 / Chapter 5 / Section 32-5-165
Destruction, salvage, or condemnation of vehicle with military specialty plate--Credit--Replacement--Violation as misdemeanor
Status: in_force

If a motor vehicle with a military specialty plate is destroyed by collision or fire, disposed of for salvage, or if rejected or condemned for use on the highways as the result of action by any inspection authority of this state, the registered owner of the motor vehicle shall remove the military specialty plates from the vehicle and shall receive a credit for the unexpired time on the registration when the plates are attached to another vehicle. The county treasurer shall process a new registration indicating the motor vehicle to which the military specialty plates are to be transferred and send it to the department. The secretary shall make the necessary changes in the registration system and the credit shall be applied. The department shall notify the transferor of any corrections which need to be made. If the military specialty plates were destroyed, the owner shall apply for a replacement set of plates pursuant to § 32-5-67 .

No credit may be issued if the military specialty plate is detached and not reattached to another motor vehicle. If the owner fails to remove the military specialty plates pursuant to this section, the owner is not entitled to any credit and the plates are no longer valid. A violation of this section is a Class 2 misdemeanor.

Source: SL 2014, ch 142, § 12.
S.D. Codified Laws § 32-3A-64 — SD Code / Title 32 / Chapter 3A / Section 32-3A-64
Rental company operating within dealership is separate business--Distinct name required
Status: in_force

For the purposes of this chapter, any leasing or rental company that operates within the principal place of business of a dealer, licensed pursuant to chapter 32-7B , is a business separate from the dealership. A leasing or rental company shall title, license, and tax any leased or rental boat in a name that is distinct and separate from that of the dealership name as indicated on the dealer license under chapter 32-7B .

Source: SL 2001, ch 163, § 1.
S.D. Codified Laws § 32-12-17.14 — SD Code / Title 32 / Chapter 12 / Section 32-12-17.14
Either driver license or nondriver identification card held by same person to be marked as not acceptable for federal purposes
Status: in_force

A person may hold a South Dakota driver license and a South Dakota nondriver identification card. However, the person can only have one driver license or nondriver identification card that is acceptable by federal agencies for federal purposes. If a person holds both a driver license and a nondriver identification card, one of the documents shall be clearly marked as not acceptable by federal agencies for federal purposes.

Source: SL 2009, ch 154, § 11, eff. Dec. 31, 2009.
S.D. Codified Laws § 32-12A-10 — SD Code / Title 32 / Chapter 12A / Section 32-12A-10
Adoption of rules regarding farm exemption of32-12A-9
Status: in_force

The department may adopt rules pursuant to chapter 1-26 to establish the maximum number of miles from a person's farm that the exemption provided by subdivision 32-12A-9(1) shall apply.

Source: SL 1989, ch 267, § 7A; SDCL § 32-12-86; SL 2001, ch 171, § 115.
S.D. Codified Laws § 32-6C-6.2 — SD Code / Title 32 / Chapter 6C / Section 32-6C-6.2
Agreement that dealer will satisfy lien by paying lienholder--Trade of snowmobile or consignment agreement--Theft
Status: in_force

If a person trades in a snowmobile to a dealer or enters into a consignment agreement with a dealer whereby the dealer will sell the snowmobile and the snowmobile has a lien noted on the title, the dealer and person may agree that the dealer shall satisfy the lien amount by paying the lienholder who is noted on the title. Failure to satisfy a lien pursuant to this section constitutes theft pursuant to chapter 22-30A . The degree of theft is determined by the amount of the unsatisfied lien. Multiple violations of this section occurring within any thirty-day period may be aggregated in amount to determine the degree of theft.

Source: SL 2005, ch 159, § 8.
S.D. Codified Laws § 32-6C-5.2 — SD Code / Title 32 / Chapter 6C / Section 32-6C-5.2
Sale on consignment prohibited for snowmobile without statement of origin
Status: in_force

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

Source: SL 2005, ch 163, § 2.
S.D. Codified Laws § 32-5-10.3 — SD Code / Title 32 / Chapter 5 / Section 32-5-10.3
Motorcycle safety education fee--Collection and remittance
Status: in_force

The collection and remittance of the fee imposed by § 32-5-10.1 shall be governed by § 32-11-19 .

Source: SL 1982, ch 227, § 3.
S.D. Codified Laws § 32-40-18 — SD Code / Title 32 / Chapter 40 / Section 32-40-18
Specific policy language not required for exclusion
Status: in_force

Nothing in this chapter requires an insurer to use any particular policy language or reference to § 32-40-16 in order to exclude any and all coverage 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.

Source: SL 2016, ch 167, § 18.
S.D. Codified Laws § 32-22-22 — SD Code / Title 32 / Chapter 22 / Section 32-22-22
Tire width defined
Status: in_force

"Tire width," when applied to pneumatic tires, shall mean the diameter of the cross - section of such tires as customarily measured and rated by the manufacturers of motor vehicles and tires.

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 § 32-23-20 — SD Code / Title 32 / Chapter 23 / Section 32-23-20
Revocation of nonresident driving privileges
Status: in_force

The department shall revoke the person's license to drive and any nonresident operating privileges pursuant to § 32-23-11 .

Source: SL 1992, ch 226, § 3.
S.D. Codified Laws § 32-29-9 — SD Code / Title 32 / Chapter 29 / Section 32-29-9
Notice and precautions required of equipment operators making crossings--Warning signal--Flagman--Violation as misdemeanor
Status: in_force

Before making any crossing the person operating or moving any vehicle or equipment described in § 32-29-8 shall give reasonable notice to the station agent of the railroad owning the tracks of the intended crossing to allow the railroad to provide proper protection at the crossing. Before making any crossing the person operating or moving the vehicle or equipment shall first stop the vehicle or equipment not less than fifteen feet nor more than fifty feet from the nearest rail of the railroad and while so stopping shall listen and look in both directions along the track for any approaching railway train or car or other on-track equipment and for signals indicating the approach of a railway train or car or other on-track equipment, and may not proceed until the crossing can be made safely. No crossing may be made when warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railway train or car or other on-track equipment. If a flagman is provided by the railroad, movement over the crossing shall be under the flagman's direction. A violation of this section is a Class 2 misdemeanor.

Source: SL 1970, ch 175, § 29, § 2; SL 1984, ch 216, § 7; SL 1989, ch 255, § 199; SL 2017, ch 143, § 2.
S.D. Codified Laws § 32-5-2.2 — SD Code / Title 32 / Chapter 5 / Section 32-5-2.2
Determination of month to register vehicle
Status: in_force

The first letter of the owner's last name shall determine the month in which a noncommercial vehicle owner shall register the vehicle. For a corporation or limited liability company, the first letter in its name shall be used. The registration shall proceed as follows:

January

A, B

February

C, D, E

March

F, G, J

May

H, I, O

June

K, L

July

M, N

August

P, Q, R

September

S

November

T, U, V, W, X, Y, Z

The secretary may promulgate rules pursuant to chapter 1-26 to allow owners with different last names living in the same household to register their noncommercial vehicles in the same month.

Source: SL 1987, ch 215, § 2; SL 1989, ch 257, § 52; SL 2014, ch 139, § 2.
S.D. Codified Laws § 32-9-22.1 — SD Code / Title 32 / Chapter 9 / Section 32-9-22.1
Temporary nonhire permits for commercial vehicles--Fee--Disposition of fees--Limit on issuance
Status: in_force

The owner of a commercial motor vehicle may obtain from the office of any county treasurer a temporary nonhire permit to operate on the highways of this state. This permit shall be issued by the county treasurer upon payment of the fee prescribed under § 32-5-107 . The permit conditions and restrictions contained by that section apply to this permit. This permit may be issued to the owner of a commercial motor vehicle who has returned the commercial plates pursuant to § 32-9-21 and has shown a need to operate this motor vehicle on the highway. The fee shall be reported and forwarded monthly by the county treasurer to the Department of Revenue. These remittances shall be credited to the revolving license plate fund pursuant to chapter 32-11 . Only one permit shall be issued yearly per motor vehicle.

Source: SL 1979, ch 210; SL 1986, ch 242, § 33; SL 1991, ch 242, § 2; SL 2004, ch 17, § 114; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-12-18 — SD Code / Title 32 / Chapter 12 / Section 32-12-18
Surrender of previously issued license--Prohibition against more than one license--Temporary license issued when examination failed
Status: in_force

No person may apply for any driver license until the licensee surrenders to the Department of Public Safety all valid driver licenses in the licensee's possession issued to the licensee by this state or any other jurisdiction. All surrendered licenses issued by this state shall be canceled and all surrendered licenses issued by another jurisdiction shall be destroyed by the department. The issuing jurisdiction shall be notified that the licensee has applied for a driver license in a new jurisdiction. No person may have more than one valid driver license at any time. If any person, after having surrendered all valid driver licenses in that person's possession, fails to pass the test of that person's ability to read and understand highway signs regulating, warning, and directing traffic, and of that person's knowledge of the traffic laws of this state, then the Department of Public Safety shall issue a temporary permit which entitles the person to continue to drive for a period of thirty days. If an expired driver license is surrendered, the person shall take the knowledge test as required by § 32-12-4 .

Source: SL 1959, ch 261, § 1; SDC Supp 1960, § 44.03B01 (1); SL 1974, ch 218; SL 1989, ch 265, § 19; SL 1995, ch 178, § 2; SL 2001, ch 171, § 22; SL 2003, ch 272, § 23.
S.D. Codified Laws § 32-23-1.3 — SD Code / Title 32 / Chapter 23 / Section 32-23-1.3
Arrested person to be charged--Requirements for reduction or dismissal
Status: in_force

Any person arrested for driving or being in actual physical control of a vehicle while the weight of alcohol in the blood of the arrested person is 0.08 percent or greater, shall be charged with a violation of § 32-23-1 . The charge may be reduced or dismissed only if the prosecuting attorney states the reasons for reduction or dismissal in writing and on the record and files the reasons with the clerk of courts.

Source: SL 1983, ch 244, § 1; SL 2002, ch 160, § 3.
S.D. Codified Laws § 32-5-125 — SD Code / Title 32 / Chapter 5 / Section 32-5-125
Replacement of Indian tribe license plates
Status: in_force

If an Indian tribe license plate is lost, mutilated, or destroyed, the owner of the registered vehicle may obtain a duplicate set of plates 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 special revenue fund.

Source: SL 1991, ch 243, § 3.
S.D. Codified Laws § 32-3-47 — SD Code / Title 32 / Chapter 3 / Section 32-3-47
Consent of lien holder required for disposal or removal of encumbered vehicle--Violation as felony
Status: in_force

When the ownership of a motor vehicle, trailer, or semitrailer is subject to a chattel mortgage, conveyance intended to operate as a mortgage, trust receipt, conditional sales contract, mechanic's lien, or similar instrument, as provided in §§ 32-3-30 to 32-3-46 , inclusive, it shall be unlawful, prior to the performance of the conditions contained in any of the above instruments and the discharge of the obligations imposed thereby, to intentionally or with intent to defraud, materially injure, destroy, conceal, sell, mortgage, or otherwise dispose of, or remove from the State of South Dakota, except temporarily in accordance with its usual and customary use, a motor vehicle, trailer, or semitrailer subject to any of the above instruments without first having received the written permission of the then owner or holder of such chattel mortgage, conditional sales contract, mechanic's lien, trust receipt, or of any similar instrument, unless such instrument specifically waives such requirements of written notice as herein provided. Whoever shall violate this section shall be guilty of a Class 6 felony.

Source: SDC 1939, § 44.0203 (5) as added by SL 1957, ch 216; SDC Supp 1960, § 44.9951; SL 1965, ch 186, § 3.
S.D. Codified Laws § 32-17-10 — SD Code / Title 32 / Chapter 17 / Section 32-17-10
Tow truck or wrecker defined--Amber or blue flashers--Violation as misdemeanor
Status: in_force

Unless the context otherwise requires, a tow truck or wrecker means any motor vehicle which is specially equipped to tow, haul, or push disabled automobiles, trucks, or tractors for commercial considerations, or operated by any person, for the purpose of towing or servicing any automobiles, trucks, or tractors owned by him. Any tow truck or wrecker may be equipped with and use an amber rotary beacon light or lights or other amber flashing or blinking light or lights of the type or similar to the type of lights used on emergency vehicles in this state. The amber lights may be used by a tow truck or wrecker only when actually engaging, towing, hauling, or pushing a disabled motor vehicle, or when ordered by a law enforcement officer for safety purposes to warn other motorists of the presence of the tow truck or wrecker. Any tow truck or wrecker may be equipped with and use a blue rotary beacon light or lights or other blue flashing or blinking light similar to the type of lights used on emergency vehicles in this state. The blue lights may be used by a tow truck or wrecker only when removing debris from a public road. A violation of this section is a Class 2 misdemeanor.

Source: SL 1967, ch 208, §§ 1 to 3; SL 1975, ch 206, § 2; SL 1978, ch 158, § 36; SL 1986, ch 257; SL 2020, ch 119, § 1.
S.D. Codified Laws § 32-5-89.3 — SD Code / Title 32 / Chapter 5 / Section 32-5-89.3
Application for personalized plates--Fees--Validation each year with stickers--Fee disposition
Status: in_force

Application for special personalized license plates shall be made on forms prescribed by the secretary. Upon the receipt of a properly completed application form and payment of a fee of twenty-five dollars for any motor vehicle other than a motorcycle, the department shall order the special plates. The fee for a personalized license plate for a motorcycle is twenty dollars. Upon issuance of the personalized license plates, the owner shall display the special plates on the assigned vehicle.

Personalized license plates shall be validated with stickers and are valid only for the registration year for which the stickers are issued. The annual fee for personalized license plate validation stickers for a motor vehicle other than a motorcycle is twenty-five dollars. The annual fee for a personalized license plate validation sticker for a motorcycle is twenty dollars. During the year originally issued, the personalized license metal plate fee includes the cost of that year's validation sticker. The fees for personalized plates and validation stickers shall be credited to a fund to be known as the license plate special revenue fund.

Source: SL 1977, ch 250, § 2; SL 1982, ch 18, § 16; SL 1984, ch 218, § 1; SL 1985, ch 245, § 3; SL 1989, ch 255, § 20; SL 1989, ch 257, § 87; SL 1989, ch 260, § 2; SL 1992, ch 208, § 6; SL 1996, ch 194, § 1; SL 2007, ch 173, § 29.
S.D. Codified Laws § 32-10-6 — SD Code / Title 32 / Chapter 10 / Section 32-10-6
Fleet licensing--Apportionment of fees based on miles traveled
Status: in_force

If any jurisdiction permits or requires the licensing of fleets of vehicles in interstate or combined interstate and intrastate commerce and payment of registration fees, license taxes, or other fixed fees thereon on an apportionment basis commensurate with and determined by the miles traveled on and the use made of said jurisdiction's highways as compared with the miles traveled on and the use made of other jurisdiction's highways or any other equitable basis of apportionment, and exempts vehicles registered in other jurisdictions under such apportionment basis from the requirement of full payment of its own registration, license, or other fixed fees, then the administrator may by agreement adopt such exemption with respect to vehicles of such fleets, whether owned by residents or nonresidents of this state and regardless of where based.

Source: SL 1961, ch 237, § 5.
S.D. Codified Laws § 32-3-80 — SD Code / Title 32 / Chapter 3 / Section 32-3-80
Transfer on death--Designation of beneficiary
Status: in_force

Any person who owns a motor vehicle, off-road vehicle, snowmobile, or boat as defined in § 32-3A-2 , may submit to the department an application to provide for the transfer of the property upon the person's death or the death of the last survivor of a joint tenancy with the right of survivorship by designating on the certificate of title a beneficiary to whom the property will be transferred on the death of the owner or the last survivor.

A trust may be the beneficiary of a transfer on death certificate of title. The certificate of title must include the name of the owner, the name of any joint tenant with the right of survivorship, and the designated beneficiary of the transfer on death.

A beneficiary may be designated on the certificate of title only if all owners of the property provide written approval on the application submitted under this section.

Source: SL 2025, ch 116, § 1.
S.D. Codified Laws § 32-17-20 — SD Code / Title 32 / Chapter 17 / Section 32-17-20
Adjustment of other lamps--Violation as misdemeanor
Status: in_force

Any device other than headlamps, spot lamps, or auxiliary driving lamps, which projects a beam of light of an intensity greater than twenty - five candle power shall be so directed that no part of the beam will strike the level of the surface on which the vehicle stands at a distance of more than fifty feet from the vehicle. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0352 (16); SL 1989, ch 255, § 64.
S.D. Codified Laws § 32-6D-10 — SD Code / Title 32 / Chapter 6D / Section 32-6D-10
Liability of dealer
Status: in_force

Nothing in this chapter imposes any liability upon a motor vehicle dealer or authorized dealer or creates a cause of action by a consumer against a motor vehicle dealer or authorized dealer. No manufacturer may charge back or require reimbursement by a motor vehicle dealer or authorized dealer for any costs, including any refunds or vehicle replacements, incurred by the manufacturer arising out of this chapter.

Source: SL 1993, ch 227, § 10.
S.D. Codified Laws § 32-12-42.2 — SD Code / Title 32 / Chapter 12 / Section 32-12-42.2
Expiration of license issued to person not a U.S. citizen or permanent resident
Status: in_force

A license issued to an applicant who is not a citizen or a legal permanent resident of the United States expires coterminously with the applicant's authorized duration of stay or the otherwise applicable expiration date of the license issued under the provisions of this chapter, whichever occurs first.

Source: SL 2009, ch 154, § 4, eff. Dec. 31, 2009.
S.D. Codified Laws § 32-12-67 — SD Code / Title 32 / Chapter 12 / Section 32-12-67
Possession of revoked or altered license--Misdemeanor
Status: in_force

It is a Class 1 misdemeanor for any person to display or cause or permit to be displayed or have in that person's possession any canceled, revoked, suspended, fictitious, or fraudulently altered driver license.

Source: SL 1959, ch 261, § 27; SDC Supp 1960, § 44.9948 (1); SL 2001, ch 171, § 61.
S.D. Codified Laws § 32-26-21.2 — SD Code / Title 32 / Chapter 26 / Section 32-26-21.2
"Electric personal assistive device" defined
Status: in_force

For the purposes of §§ 32-26-21.2 to 32-26-21.3 , inclusive, the term, electric personal assistive device, means a self - balancing two non - tandem wheeled device, designed to transport only one person, with an electric propulsion system that limits the maximum speed of the device to fifteen miles per hour or less.

Source: SL 2002, ch 161, § 1.
S.D. Codified Laws § 32-3-53.4 — SD Code / Title 32 / Chapter 3 / Section 32-3-53.4
Trailer defined
Status: in_force

For the purposes of §§ 32-3-53 and 32-3-53.2 , a trailer is any trailer as defined in § 32-3-1 which has an actual weight of three thousand pounds or greater.

Source: SL 1985, ch 239, § 8; SL 2011, ch 138, § 1.
S.D. Codified Laws § 32-3-56 — SD Code / Title 32 / Chapter 3 / Section 32-3-56
Special seal--Forms furnished by secretary
Status: in_force

For the purpose of carrying out the provisions of this chapter, the office of the secretary may adopt and use a special seal. The secretary shall prescribe and furnish all printed forms needed to carry out the provisions of this chapter.

Source: SDC 1939, § 44.0208 (2) as added by SL 1951, ch 229, § 4; SL 1989, ch 257, § 45.
S.D. Codified Laws § 32-23-2 — SD Code / Title 32 / Chapter 23 / Section 32-23-2
Punishment for prohibited driving--First offense--Limited driving privilege
Status: in_force

If conviction for a violation of § 32-23-1 is for a first offense, the person is guilty of a Class 1 misdemeanor, and the court must revoke the person's driver license for not less than thirty days. The court may, in its discretion, issue an order, upon proof of financial responsibility pursuant to § 32-35-113 , permitting the person to operate a vehicle for purposes of employment, 24/7 sobriety testing, attendance at school, child care delivery or pickup, health appointments, attendance at court or probation appointments, or attendance at counseling programs, treatment, or aftercare. The court may also order the revocation of the person's driving privilege for a further period not to exceed one year or restrict the privilege in any manner it sees fit for a period not to exceed one year.

Source: SL 1953, ch 246, § 1; SDC Supp 1960, § 44.9922 (1); SL 1973, ch 195, § 5; SL 1975, ch 207, § 1; SL 1976, ch 198; SL 1977, ch 189, § 112; SL 1985, ch 263, § 1; SL 1991, ch 252, § 17; SL 1994, ch 255, § 5; SL 2006, ch 168, § 4; SL 2008, ch 161, § 1, eff. Feb. 27, 2008; SL 2022, ch 99, § 1; SL 2024, ch 120, § 1.
S.D. Codified Laws § 32-12A-23.1 — SD Code / Title 32 / Chapter 12A / Section 32-12A-23.1
Additional learner's permit restrictions
Status: in_force

In addition to the restrictions provided pursuant to the provisions of § 32-12A-23 , a commercial learner's permit may also have the following restrictions:

(1) P--For no passengers in a commercial motor vehicle; and

(2) X--For no cargo in a commercial motor vehicle tank vehicle.

Source: SL 2015, ch 168, § 20.
S.D. Codified Laws § 32-22-24 — SD Code / Title 32 / Chapter 22 / Section 32-22-24
Reduced load maximums from February fifteenth to April thirtieth--Extension of period--Changing restrictions--Overweight permits--Violation as misdemeanor
Status: in_force

The maximum axle and axle group loadings as set forth in § 32-22-16 shall be reduced during the period of each year from February fifteenth to April thirtieth, inclusive. The proper highway authority, responsible for maintenance of the highways, shall set reduced load limits during this period and may increase, lessen, or remove these restrictions if highway conditions warrant. That authority may be exercised without formal resolution if the highway authority erects or causes to be erected and maintained signs designating the restrictions. If highway and climatic conditions warrant, the proper highway authority may extend the time period mentioned in this section by ordinance or resolution. Nothing in this requirement, however, removes or interferes with the proper highway authority imposing restrictions as set forth in §§ 32-14-6 , 32-14-7 , and 32-22-25 . Moreover, during the time period mentioned in this section the transportation commission may, pursuant to § 32-22-42 , allow the issuance of overweight permits to heavier vehicles to permit such vehicles to be operated on those highways which the commission designates as capable of handling heavier loads. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0336 (6) (f) as added by SL 1947, ch 192; SL 1963, ch 260; SL 1964, ch 125, § 1; SL 1980, ch 226, § 11; SL 1984, ch 230, §§ 21, 23; SL 1989, ch 264, § 19; SL 2002, ch 158, § 1.
S.D. Codified Laws § 32-35-76 — SD Code / Title 32 / Chapter 35 / Section 32-35-76
Permissive provisions in policy--Indemnification clause
Status: in_force

Any motor vehicle liability policy may provide that the insured shall reimburse the insurance carrier for any payment the insurance carrier would not have been obligated to make under the terms of the policy except for the provisions of this chapter.

Source: SL 1957, ch 212, § 51; SDC Supp 1960, § 44.03A51 (8).
S.D. Codified Laws § 32-34-7 — SD Code / Title 32 / Chapter 34 / Section 32-34-7
Duty to give immediate notice of accident to law enforcement officer--Violation as misdemeanor
Status: in_force

The driver of any motor vehicle involved in an accident resulting in bodily injuries or death to any person or property damage to an apparent extent of one thousand dollars or more to any one person's property or two thousand dollars per accident shall immediately, by the quickest means of communication, give notice of the accident to the nearest available law enforcement officer who has jurisdiction. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0331; SL 1945, ch 190, § 1; SL 1953, ch 232, § 1; SL 1955, ch 172; SL 1957, ch 212, § 76; SL 1961, ch 226; SL 1967, ch 193; SL 1973, ch 214, § 1; SL 1978, ch 239; SL 1986, ch 268; SL 1989, ch 255, § 227; SL 2000, ch 162, § 1.
S.D. Codified Laws § 32-3-35 — SD Code / Title 32 / Chapter 3 / Section 32-3-35
Manufacturer's statement or certificate of origin pending issuance of certificate of title--Priority of liens
Status: in_force

A manufacturer's statement of origin or manufacturer's certificate of origin shall be deemed to be in possession of the lien holder while being transmitted to the secretary and until issuance of a certificate of title by the secretary showing the lien. All contracts, liens, mortgages, and encumbrances, noted on a certificate of title, shall take priority according to the order of time in which the liens were noted.

Source: SDC 1939, § 44.0203 (1) as added by SL 1951, ch 229, § 3; SL 1965, ch 186, § 3; SL 1989, ch 257, § 36.
S.D. Codified Laws § 32-35-77 — SD Code / Title 32 / Chapter 35 / Section 32-35-77
Permissive provisions--Other insurance prorated
Status: in_force

Any motor vehicle liability policy may provide for the prorating of the insurance thereunder with other valid and collectible insurance.

Source: SL 1957, ch 212, § 51; SDC Supp 1960, § 44.03A51 (9).
S.D. Codified Laws § 32-6B-1.2 — SD Code / Title 32 / Chapter 6B / Section 32-6B-1.2
Recreational park trailer defined
Status: in_force

For the purposes of this chapter, the term, recreational park trailer, means a vehicle that is primarily designed to provide temporary living quarters for recreational, camping, or seasonal use and that:

(1) Is built on a single chassis mounted on wheels;

(2) Has a gross trailer area not exceeding four hundred square feet in the setup mode;

(3) Is certified by the manufacturer as complying with American National Standards Institute Standard No. A119.5 in effect on January 1, 2008; and

(4) Has at least a seventeen digit identification number and the manufacturer has designated the vehicle as a recreational park model on the manufacturer statement of origin.

Source: SL 2019, ch 130, § 3.
S.D. Codified Laws § 32-35-122 — SD Code / Title 32 / Chapter 35 / Section 32-35-122
Suspension of license--Restriction of driving privileges--Financial responsibility as prerequisite
Status: in_force

Upon suspending a person's driving privileges pursuant to § 32-35-121 , the magistrate judge or circuit judge must restrict the person's driving privileges to only permit the operation of a motor 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.

Before the person is permitted to drive, the person must establish one of the forms of financial responsibility specified in § 32-35-113 . The person shall maintain financial responsibility for the period of the restriction. The restriction must remain in effect for the period of suspension required by § 32-35-121 .

Source: SL 1986, ch 269, § 10; SL 1987, ch 243, § 2; SL 1991, ch 252, § 20; SL 1994, ch 255, § 8; SL 2026, ch 133, § 2.
S.D. Codified Laws § 32-26-40 — SD Code / Title 32 / Chapter 26 / Section 32-26-40
Following too closely--Violation as misdemeanor
Status: in_force

The driver of a motor vehicle may not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and condition of the highway. 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, § 177.
S.D. Codified Laws § 32-6B-1.1 — SD Code / Title 32 / Chapter 6B / Section 32-6B-1.1
Motor home defined
Status: in_force

For the purposes of this chapter, the term, motor home, means a motor vehicle that is designed as an integral unit to be used as a conveyance upon the public highways and for use as a temporary or recreational dwelling and that has at least four of the following permanently installed systems:

(1) Cooking facilities;

(2) Ice box or mechanical refrigerator;

(3) Potable water supply including plumbing and a sink with faucet either self-contained or with connections for an external source, or both;

(4) Self-contained toilet connected to a plumbing system with connection for external water disposal;

(5) Heating or air conditioning system, or both, separate from the vehicle engine or the vehicle electrical system; or

(6) A one hundred ten--one hundred fifteen volt alternating current electrical system separate from the vehicle engine electrical system either with its own power supply or with a connection for an external source, or both, or a liquified petroleum system and supply.

Source: SL 2019, ch 130, § 2.
S.D. Codified Laws § 32-6E-8 — SD Code / Title 32 / Chapter 6E / Section 32-6E-8
Franchisor's notice of franchise termination or addition of same line/make franchises
Status: in_force

If a franchisor seeks to terminate or not continue a franchise or seeks to enter into an additional franchise of the same line/make, the franchisor shall file a notice with the department of intention to terminate or not continue the franchise or to enter into a franchise for additional representation of the same line/make. This section does not apply to any intended termination or noncontinuance of a franchise which the franchisee elects voluntarily.

Source: SL 1994, ch 248, § 8.
S.D. Codified Laws § 32-23-4.6 — SD Code / Title 32 / Chapter 23 / Section 32-23-4.6
Punishment for fourth offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege--Mandatory sentence--Suspension of sentence
Status: in_force

If a conviction for a violation of § 32-23-1 is for a fourth offense, the person is guilty of a Class 5 felony, and the court must revoke the person's driver license for a period of not less than two years from the date sentence is imposed or two years from the date of initial release from imprisonment, whichever is later. If the person is returned to imprisonment prior to the completion of the period of driver's license revocation, time spent imprisoned does not count toward fulfilling the period of revocation. If the person is convicted of driving without a license during that period, the court must sentence the person to the county jail for not less than twenty days, which sentence may not be suspended. Notwithstanding § 23A-27-19 , the court retains jurisdiction to modify the conditions of the license revocation for the term of the revocation. Upon the successful completion of a court-approved chemical dependency counseling program, and proof of financial responsibility pursuant to § 32-35-113 , the court may permit the person to operate a vehicle for the purposes of employment, 24/7 sobriety testing, attendance at school, child care delivery or pickup, health appointments, attendance at court or probation appointments, or attendance at counseling programs, treatment, or aftercare. Sentencing pursuant to this section includes the provisions of § 23A-27-18 .

The court must sentence the person to at least two years in a state correctional facility, one year of which must be served on parole, unless refused pursuant to § 24-15A-15 . Any term of parole must include at least one of the following: enrollment in an alcohol or drug accountability program, an ignition interlock, a breath alcohol interlock, an alcohol monitoring bracelet, or another enhanced monitoring tool. The court may suspend this sentence only if the court orders the person to participate in and complete a drug court program, DUI court program, veterans treatment court program, or mental health court program, as a condition of probation.

Source: SL 1989, ch 273, § 2; SL 2005, ch 173, § 2; SL 2006, ch 168, § 10; SL 2008, ch 161, § 4, eff. Feb. 27, 2008; SL 2011, ch 147, § 1; SL 2013, ch 101, § 65; SL 2022, ch 99, § 4; SL 2023, ch 107, § 1; SL 2024, ch 120, § 4.
S.D. Codified Laws § 32-31-5 — SD Code / Title 32 / Chapter 31 / Section 32-31-5
Duty of operator to use care--Liability for recklessness
Status: in_force

The provisions of this chapter shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.

Source: SDC 1939, § 44.0320 as added by SL 1959, ch 252, § 1; SL 1963, ch 254; SL 1967, ch 191.
S.D. Codified Laws § 32-25-28 — SD Code / Title 32 / Chapter 25 / Section 32-25-28
Exceeding posted speed limit permitted under certain conditions
Status: in_force

The speed limit is increased by ten miles per hour over the posted speed limit, if a person is driving a vehicle that is:

(1) On a two-lane highway that has one lane for each direction of travel;

(2) On a highway with a posted speed limit that is equal to or exceeds sixty-five miles per hour;

(3) Overtaking and passing another vehicle proceeding in the same direction of travel; and

(4) Passing a vehicle that is moving slower than the posted speed limit.

Source: SL 2015, ch 172, § 1.
S.D. Codified Laws § 32-12A-7 — SD Code / Title 32 / Chapter 12A / Section 32-12A-7
Qualifications of commercial motor vehicle drivers
Status: in_force

Each commercial motor vehicle driver shall meet the minimum standards and qualifications established under this chapter and in accordance with 49 C.F.R. subpart 383.23 as amended through January 1, 2015. Each commercial motor vehicle driver shall obtain a commercial learner's permit or commercial driver license.

Source: SL 1989, ch 267, § 5A; SL 1990, ch 252, § 1; SDCL § 32-12-83; SL 2001, ch 171, §§ 77, 115; SL 2004, ch 213, § 1; SL 2005, ch 167, § 7, eff. Sept. 30, 2005; SL 2007, ch 182, § 2; SL 2010, ch 161, § 2; SL 2011, ch 144, § 2; SL 2015, ch 168, § 6.
S.D. Codified Laws § 32-5A-4 — SD Code / Title 32 / Chapter 5A / Section 32-5A-4
Notice of tax sent to owners--Cost reimbursement
Status: in_force

The Department of Revenue shall include on any motor vehicle registration document mailed out to a vehicle owner prior to the annual registration of a motor vehicle, the amount of tax imposed pursuant to § 32-5A-1 . A county in which such registration documents are mailed to motor vehicle owners shall reimburse the Department of Revenue for the cost of implementing this section for that county.

Source: SL 1985, ch 248, § 5; SL 2004, ch 17, § 76; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-3-69.2 — SD Code / Title 32 / Chapter 3 / Section 32-3-69.2
Electronic title and registration system--Approved entity--Application required--Customer fee for services
Status: in_force

An entity must submit an application to become an approved entity for purposes of this chapter. An approved entity may charge a customer a fee for services provided under § 32-3-69.3 .

Source: SL 2025, ch 44, § 10.
S.D. Codified Laws § 32-12A-64 — SD Code / Title 32 / Chapter 12A / Section 32-12A-64
Convictions for traffic violations to appear on driver's record
Status: in_force

The state may not mask, defer imposition of judgment, or permit any person to enter into a diversion program that would prevent a commercial learner's permit or commercial driver license holder's conviction for any violation, in any type of motor vehicle, of a state or local traffic control law except a parking violation from appearing on the driver's record, whether the driver was convicted for an offense committed in the state, in the state where the driver is licensed, or in another state.

Source: SL 2005, ch 167, § 5, eff. Sept. 30, 2005; SL 2015, ch 168, § 43.
S.D. Codified Laws § 32-28-13 — SD Code / Title 32 / Chapter 28 / Section 32-28-13
Traffic light control by law enforcement officers
Status: in_force

Nothing in this chapter shall be deemed to limit, or encroach upon, the existing authority of South Dakota law enforcement officers in the performance of their duties involving traffic light control.

Source: SL 1963, ch 274, § 7.
S.D. Codified Laws § 32-10-3.3 — SD Code / Title 32 / Chapter 10 / Section 32-10-3.3
Fees paid pursuant to chapter--Calculation
Status: in_force

Any fee paid pursuant to this chapter shall be calculated by assessing one - twelfth of the annual registration fee times the number of months or any portion thereof for which the vehicle is being licensed.

Source: SL 2004, ch 210, § 4.
S.D. Codified Laws § 32-12-27 — SD Code / Title 32 / Chapter 12 / Section 32-12-27
Military personnel, domestic volunteers, and dependents with out-of-state license exempt
Status: in_force

Any nonresident who is stationed in this state while in the military service of the United States or any nonresident who is assigned in this state under the Domestic Volunteer Service Act of 1973 and any dependent of such nonresident, and who has in that person's possession a valid driver license issued by that person's home state or country may operate a motor vehicle in this state.

Source: SL 1959, ch 261, § 32; SDC Supp 1960, § 44.03B29; SL 1975, ch 200, § 2; SL 1982, ch 18, § 23; SL 2001, ch 171, § 29.
S.D. Codified Laws § 32-18-28 — SD Code / Title 32 / Chapter 18 / Section 32-18-28
Denying registration to noncomplying cycles
Status: in_force

The Department of Public Safety may refuse to register or may suspend or revoke the registration of any vehicle referred to in § 32-18-27 when it determines that the braking system thereon does not comply with the provisions of §§ 32-18-8 and 32-18-9 .

Source: SL 1967, ch 197, § 4 (b); SL 1968, ch 178, § 4; SL 2003, ch 272, § 121.
S.D. Codified Laws § 32-3A-56 — SD Code / Title 32 / Chapter 3A / Section 32-3A-56
Payment of tax to county treasurer
Status: in_force

The excise tax levied by this chapter shall be paid to the county treasurer in the county of the new owner's residence when the owner applies for title and registers the large boat.

Source: SL 1993, ch 102, § 7; SL 1994, ch 335, § 9; SDCL 10-60-7; SL 1998, ch 74, § 3.
S.D. Codified Laws § 32-3-49 — SD Code / Title 32 / Chapter 3 / Section 32-3-49
Cancellation of certificate--Notification to county treasurer--Notification to certificate holder and lien holder--Surrender of certificate
Status: in_force

Upon cancellation of any certificate of title, the secretary shall notify the county treasurer of the county where the duplicate certificate of title of the vehicle, trailer, or semitrailer is involved was kept. The treasurer shall thereupon enter the cancellation upon the treasurer's records. The secretary shall also notify the person to whom the certificate of title was issued as well as any lien holder appearing thereon of the cancellation and shall demand the surrender of the certificate of title. However, the cancellation may not affect the validity of any lien noted thereon. The holder of the certificate shall return same to the secretary forthwith.

Source: SDC 1939, § 44.0208 (1) as added by SL 1951, ch 229, § 4; SL 1965, ch 186, § 7; SL 1989, ch 257, § 43; SL 2003, ch 160, § 10.
S.D. Codified Laws § 32-5-16.9 — SD Code / Title 32 / Chapter 5 / Section 32-5-16.9
Assessment based upon mistake of fact or error of law--Hearing--Appeal
Status: in_force

Any person against whom a penalty is assessed pursuant to § 32-5-16.6 or 32-5-16.7 may request a hearing before the secretary if the person believes that the assessment is based upon a mistake of fact or an error of law. A request for hearing shall be made in writing within twenty days from the date of the assessment and shall contain a statement indicating the mistake of fact or error of law the person believes resulted in an invalid assessment. Amended or additional statements of facts or errors of law may be made not less than fourteen days prior to the hearing if the hearing examiner determines such additional or amended statements are in the interest of justice and do not prejudice either party. Hearings are conducted and appeals taken pursuant to the provisions of chapters 1-26 and 1-26D .

A copy of the hearing examiner's proposed decision, findings of fact and conclusions of law shall be served on all parties when furnished to the secretary. If the secretary, pursuant to chapter 1-26D , accepts the final decision of the hearing examiner, no appeal from a final decision of the secretary upon an assessment may be taken unless any amount ordered paid by the secretary is paid or a bond filed to insure payment of such amount. However, if the final decision of the secretary, pursuant to chapter 1-26D , rejects or modifies the decision of the hearing examiner regarding the amount due on the assessment, an appeal may be taken without payment of the amount ordered to be paid and without filing of a bond. If the secretary's decision is affirmed by the circuit court, no appeal may be taken unless any amount ordered to be paid by the secretary is paid or a bond is filed to insure payment of such amount.

Source: SL 2005, ch 71, § 13.
S.D. Codified Laws § 32-12A-20.1 — SD Code / Title 32 / Chapter 12A / Section 32-12A-20.1
Social security number on license prohibited
Status: in_force

No commercial driver license issued after June 30, 2005, may contain the licensee's social security number.

Source: SL 2005, ch 166, § 4.
S.D. Codified Laws § 32-22-16 — SD Code / Title 32 / Chapter 22 / Section 32-22-16
Maximum weight of vehicle or combination of vehicles--Axles--Misdemeanor
Status: in_force

No motor vehicle or combination of vehicles operating on a public highway may have a weight:

(1) In excess of twenty thousand pounds on any one axle, or in excess of the tire weight per inch of tire width prescribed by § 32-22-21 , including all enforcement tolerances;

(2) In excess of thirty - four thousand pounds on any tandem axle, or in excess of the tire weight per inch of tire width prescribed by § 32-22-21 , including all enforcement tolerances; or

(3) In excess of the maximum weight on two or more consecutive axles as determined by the formula detailed in § 32-22-16.1 , or in excess of the tire weight per inch of tire width prescribed by § 32-22-21 . However, in no instance may the gross weight of any vehicle or combination of vehicles exceed eighty thousand pounds on the interstate highway.

Two consecutive sets of tandem axles may carry a gross load of thirty - four thousand pounds each provided the overall distance between the first and last axles of such consecutive sets of tandem axles is thirty - six feet or more. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0336 (7); SL 1941, ch 188; SL 1943, ch 158, § 2; SL 1947, ch 192; SDC Supp 1960, § 44.0336 (6) (a) to (d); SL 1973, ch 213, §§ 1, 2; SL 1980, ch 226, §§ 1, 3; SL 1982, ch 245; SL 1983, ch 241, § 2; SL 1986, ch 263, § 1; SL 1996, ch 205, § 1.
S.D. Codified Laws § 32-6B-11 — SD Code / Title 32 / Chapter 6B / Section 32-6B-11
Verification of application by department--Refusal to issue license
Status: in_force

The department shall, in the case of every application for initial licensure, verify the facts set forth in the application. The department may not issue a license to the applicant until it is satisfied that the facts set forth in the application are true. The department may refuse to issue a license upon any of the grounds stated in § 32-6B-41 .

Source: SL 1986, ch 250, § 12.
S.D. Codified Laws § 32-23-4.1 — SD Code / Title 32 / Chapter 23 / Section 32-23-4.1
Calculation of number of offenses
Status: in_force

Except as authorized under § 32-23-4.9 , no previous conviction for, or plea of guilty to, a violation of § 32-23-1 , 22-18-36 , or 22-16-41 occurring more than ten years prior to the date of the violation being charged may be used to determine that the violation being charged is a second, third, or subsequent offense. Any period of time during which the defendant was incarcerated for a previous violation may not be included when calculating if the time period provided in this section has elapsed.

Source: SDC Supp 1960, § 44.03B23 (3) as enacted by SL 1963, ch 270; SDCL § 32-12-48 ; SL 1973, ch 195, § 4; SL 1983, ch 244, § 2; SL 1999, ch 164, § 1; SL 2001, ch 177, § 1; SL 2010, ch 165, § 1; SL 2013, ch 101, § 64.
S.D. Codified Laws § 32-12A-11 — SD Code / Title 32 / Chapter 12A / Section 32-12A-11
Commercial learner’s permit--Eligibility--Test waiver for military experience
Status: in_force

Except as otherwise provided in this section, a person may not be issued a commercial learner's permit unless that person:

(1) Is a resident of this state for the purpose of being licensed to drive a motor vehicle, as described in § 32-12-26.1 ; and

(2) Has passed the general knowledge test that is required by 49 C.F.R. § 383.25 (January 1, 2026) and which complies with the minimum standards contained in 49 C.F.R. §§ 383.91 to 383.135, inclusive (January 1, 2026) for the commercial vehicle that the person expects to operate.

The department may waive the knowledge test specified in this section for an applicant who has experience operating a military commercial motor vehicle and meets the requirements established in 49 C.F.R. § 383.77 (January 1, 2026).

Source: SL 1989, ch 267, § 8; SDCL § 32-12-87; SL 2001, ch 171, §§ 80, 115; SL 2004, ch 213, § 3; SL 2005, ch 167, § 11, eff. Sept. 30, 2005; SL 2007, ch 182, § 4; SL 2010, ch 161, § 3; SL 2011, ch 144, § 3; SL 2015, ch 168, § 9; SL 2021, ch 135, § 1; SL 2026, ch 134, § 1.
S.D. Codified Laws § 32-14-3 — SD Code / Title 32 / Chapter 14 / Section 32-14-3
Power of local authorities--Speed limitations--Vehicle traffic and safety provisions--Exceptions
Status: in_force

Local authorities, except as expressly authorized by chapter 32-25 and § 32-29-2 , may not alter any speed limitations declared in chapter 32-25 or enact or enforce any ordinance, charter provision, or bylaw duplicating the provisions of chapter 32-23 or enact or enforce any rule or regulation contrary to the provisions of chapters 32-14 to 32-19 , inclusive, or 32-22 and 32-24 to 32-34 , inclusive, except as provided by §§ 32-14-4 and 32-14-5 .

Source: SDC 1939, § 44.0334; SL 1974, ch 76, § 3; SL 1999, ch 151, § 5.
S.D. Codified Laws § 32-5-171 — SD Code / Title 32 / Chapter 5 / Section 32-5-171
Transfer of ownership of vehicle with emblem specialty plate--Credit--Violation as misdemeanor
Status: in_force

If the ownership of a motor vehicle with an emblem specialty plate is transferred or assigned, the transferor shall remove the emblem specialty plates from the vehicle and shall receive a credit for the unexpired time on the registration if the plates are attached to another vehicle. The county treasurer shall process a new registration indicating the motor vehicle to which the emblem specialty plates are to be transferred and send it to the department. The secretary shall make the necessary changes in the registration system and the credit shall be applied. The department shall notify the transferor of any corrections which need to be made.

No credit may be issued if the emblem specialty plate is detached and not reattached to another motor vehicle. If the transferor fails to remove the emblem specialty plates pursuant to this section, the transferor loses any credit and the plates are no longer valid. A violation of this section is a Class 2 misdemeanor.

Source: SL 2014, ch 143, § 5.
S.D. Codified Laws § 32-12-40 — SD Code / Title 32 / Chapter 12 / Section 32-12-40
Production of license in court--License expired for not more than thirty days--Postponement of sentencing pending renewal
Status: in_force

No judgment may be issued against a person charged with violating § 32-12-39 , if the person produces in court, or the office of the officer making the demand, the person's valid driver license. If the driver license is expired for not more than thirty days prior to the time of the demand, the court, upon issuing judgment, shall postpone payment of the award for a period of thirty days, and if within such time the person produces in court a valid license or a validated receipt and temporary permit to show the issue of license is pending, the action shall be dismissed.

Source: SL 1959, ch 261, § 11; SDC Supp 1960, § 44.03B11; SL 1967, ch 203; SL 2001, ch 171, § 36.
S.D. Codified Laws § 32-22-14.1 — SD Code / Title 32 / Chapter 22 / Section 32-22-14.1
Exemption of vehicles used to transport farm commodities or implements
Status: in_force

A motor vehicle owned by a farmer used to transport his own farm commodities or farm implements is exempt from the size limitations prescribed pursuant to §§ 32-22-3 and 32-22-14 , except for travel on the interstate highway system.

Source: SL 1979, ch 226, § 2; SL 1983, ch 242, § 2; SL 1984, ch 230, § 18.
S.D. Codified Laws § 32-12-17.10 — SD Code / Title 32 / Chapter 12 / Section 32-12-17.10
Contents of license or permit--Barcode
Status: in_force

An operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, and motorcycle instruction permit must bear:

(1) A distinguishing number assigned to the licensee;

(2) The full legal name or any name lawfully taken;

(3) The holder's date of birth;

(4) The holder's sex;

(5) The holder's principal residence address;

(6) An indication if the licensee is a donor pursuant to chapter 34-26 ;

(7) An indication if the licensee has a living will pursuant to chapter 34-12D or a durable power of attorney for health care pursuant to chapter 59-7 ;

(8) An indication if the licensee is a veteran pursuant to the provisions of § 32-12-17.15 ;

(9) A full facial digital photograph;

(10) A brief description of the licensee;

(11) The licensee's signature;

(12) Security features designed to deter forgery and counterfeiting, to promote an adequate level of confidence in the authenticity of the cards, and to facilitate detection of fraudulent cards;

(13) The issue date of the license;

(14) The expiration date of the license;

(15) An indication that the license is temporary or for a limited term if the holder has temporary lawful status in the United States;

(16) An indication if the holder is a United States citizen;

(17) The name of this state;

(18) A security marking approved by the United States Department of Homeland Security reflecting the level of compliance with 6 C.F.R. Part 37 (January 1, 2015); and

(19) An indication of the general class of vehicles that the licensee may drive.

The back of the license must contain a barcode. The department shall include in the barcode the name of this state, the information printed on the license, the card design revision date indicating the most recent change or modification to the visible format of the card, and an indicator if the license is temporary or limited term. No barcode, or other means by which information may be retrieved electronically, may contain the licensee's social security number.

Source: SL 2001, ch 171, § 19; SL 2005, ch 166, § 2; SL 2009, ch 154, § 9, eff. Dec. 31, 2009; SL 2012, ch 167, § 1; SL 2018, ch 190, § 3; SL 2025, ch 121, § 1.
S.D. Codified Laws § 32-22-42.16 — SD Code / Title 32 / Chapter 22 / Section 32-22-42.16
Vehicles moving hay grinding equipment--Restrictions--Warning lights required--Permit fee
Status: in_force

If a commercial operator of a vehicle on which is mounted hay grinding equipment is issued an oversize permit pursuant to §§ 32-22-41 and 32-22-42 , the operator may move the vehicle from November first to March thirty - first, inclusive, upon any public highway during any time of the day or night if the vehicle is operated within one hundred miles of the business location of the commercial operator. However, no operator may move hay grinding equipment on the interstate highway between one - half hour after sunset and one - half hour before sunrise on the following day. The vehicle or the load may not exceed twelve feet in width. If the vehicle is operated during the period of day between one - half hour after sunset and one - half hour before sunrise, the vehicle shall display flashing or rotating white or amber lights at each side of the vehicle's widest extremity. The warning lights shall be clearly visible to any motorist approaching from the front or the rear. The annual fee for any oversized permit issued to a commercial operator of a vehicle on which is mounted hay grinding equipment is fifty dollars.

Source: SL 2003, ch 171, § 1.
S.D. Codified Laws § 32-3-65 — SD Code / Title 32 / Chapter 3 / Section 32-3-65
Converted motor home title--Unit requirements--Certain requirements to meet national standards--Title application requirements
Status: in_force

If any truck tractor is modified to become a motor home, the owner shall submit an application to the Department of Revenue for a converted motor home title. To become a motor home, the truck tractor shall be modified to include a vehicular-type unit built on the tractor's chassis and designed primarily as temporary living quarters for recreational, camping, vacation, or travel use. The unit shall be equipped with at least five of the following:

(1) Cooking facilities;

(2) A heating system or air conditioning system, or both, separate from the vehicle engine or the vehicle engine electrical system;

(3) A self-contained toilet or a toilet connected to a plumbing system with connection for external water disposal, or both;

(4) Portable water supply including plumbing and a sink with faucet either self-contained or with connections for an external source, or both;

(5) Sleeping facilities;

(6) A refrigerator; or

(7) A one hundred ten or one hundred fifteen volt system separate from the vehicle engine electrical system either with its own power supply or with a connection for an external source, or both, or a liquefied petroleum system and supply.

The systems provided in subdivisions (2), (3), and (4) shall be permanently installed and meet American National Standards Institute and National Fire Protection Association standards in effect on the date of manufacture.

The application shall include a picture of the vehicle and an affidavit signed by the truck tractor owner stating that the vehicle will not be used for private business use and that the vehicle meets the requirements of this section. The department shall provide the form for the affidavit. If the department is satisfied that the conditions of this section are met, the department shall issue a converted motor home title.

Source: SL 2003, ch 163, § 1; SL 2004, ch 17, § 45; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011; SL 2013, ch 134, § 1.
S.D. Codified Laws § 32-26-23 — SD Code / Title 32 / Chapter 26 / Section 32-26-23
Arm signals, mechanical signals, and electrical signals--Violation as misdemeanor
Status: in_force

The signal required in § 32-26-22 shall be given either by means of the hand and arm in the manner specified in § 32-26-24 , or by an approved mechanical or electrical signal device. However, if a vehicle is so constructed or loaded as to prevent the hand and arm signal from being visible both to the front and rear, the signal shall be given by device of a type which has been approved by the Department of Public Safety. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0317; SL 1949, ch 166; SL 1989, ch 255, § 162; SL 2004, ch 17, § 143.
S.D. Codified Laws § 32-35-97 — SD Code / Title 32 / Chapter 35 / Section 32-35-97
Reapplication for license after return of proof--Conditions
Status: in_force

Whenever any person whose proof has been canceled or returned under subdivision § 32-35-95(3) applies for a license or registration within a period of three years from the date proof was originally required, any such application shall be refused unless the applicant shall reestablish such proof for the remainder of such three - year period.

Source: SL 1957, ch 212, § 62; SDC Supp 1960, § 44.03A62.
S.D. Codified Laws § 32-5-49.1 — SD Code / Title 32 / Chapter 5 / Section 32-5-49.1
Registration not required for nonresident harvest vehicles during harvest season--Compensation certificate required--Violation a misdemeanor
Status: in_force

Any motor vehicle or trailer owned and operated by a nonresident engaged in the harvest of agricultural products may be operated upon the highways, roads, and streets of this state without being registered. However, such motor vehicles shall comply with the provisions of chapter 32-9 that deal with such vehicles. A violation of this section is a Class 2 misdemeanor.

Source: SL 1976, ch 187, § 1; SL 1989, ch 255, § 15; SL 1989, ch 257, § 67.
S.D. Codified Laws § 32-6B-53 — SD Code / Title 32 / Chapter 6B / Section 32-6B-53
Hearing on objection--Time and place--Notice--Continuance
Status: in_force

If a timely objection is filed, the department shall enter an order fixing the time, which shall be within thirty days of the date of such order, and place of a hearing on the objection and shall send by first class mail a copy of the order to the franchisor, franchisee, and any other persons entitled to receive a copy of the notice provided for in § 32-6B-50 or 32-6B-73 . The department may, upon request, continue the date of hearing for a period of thirty days.

Source: SL 1986, ch 250, § 54; SL 2000, ch 150, § 7.
S.D. Codified Laws § 32-12A-67 — SD Code / Title 32 / Chapter 12A / Section 32-12A-67
Bond requirement for third-party testers--Exceptions
Status: in_force

In addition to the insurance requirements set forth by the department, each third-party tester shall initiate and maintain a bond in the amount of ten thousand dollars. The bond shall pay for retesting drivers in the event that the third-party tester or one or more of its examiners is involved in fraudulent activity related to conducting skills testing of applicants for a commercial driver license. A third-party tester that is a governmental entity is not required to maintain a bond.

Source: SL 2015, ch 168, § 55.
S.D. Codified Laws § 32-22-30.1 — SD Code / Title 32 / Chapter 22 / Section 32-22-30.1
Construction vehicles and equipment--Operation on highway projects
Status: in_force

Notwithstanding the provisions of this chapter, the Department of Transportation or county commissioners may permit public and private vehicles and equipment in excess of the weight limitations established in this chapter to be operated on highway construction projects on public highways under their respective jurisdictions while said highway projects are under construction.

Source: SDCL, § 32-22-1 as added by SL 1972, ch 180.
S.D. Codified Laws § 32-1-8 — SD Code / Title 32 / Chapter 1 / Section 32-1-8
Mailing fees--Review by Legislature
Status: in_force

Mailing fees in chapters 32-3A , 32-5 , 32-6B , 32-6C , 32-7A , 32-7B , 32-9 , and 32-10 shall be reviewed by the Legislature every four years.

Source: SL 2023, ch 98, § 10, eff. Mar. 14, 2023.
S.D. Codified Laws § 32-15-2.4 — SD Code / Title 32 / Chapter 15 / Section 32-15-2.4
One-way glass, adhesive film, or other glaze in windshield or front side windows prohibited--Violation as misdemeanor
Status: in_force

No motor vehicle required to be registered in this state and which is operated on the highways of this state may be equipped with one - way glass or any adhesive film or other glaze or application on or in the front windshield, side wing vents, or side windows on either side forward of or adjacent to the operator's seat, which reduces the light transmittance of such windows to the combined level below thirty - five percent, with an enforcement tolerance of nine percent. A violation of this section is a Class 2 misdemeanor.

Source: SL 1988, ch 257, § 1; SL 1989, ch 255, § 231; SL 1994, ch 257, § 1.
S.D. Codified Laws § 32-32-5 — SD Code / Title 32 / Chapter 32 / Section 32-32-5
Flashing red and amber lights required--Exception--Removal from buses formerly used
Status: in_force

Any school bus with a capacity for ten or more students, used to transport children to and from a public or nonpublic school, shall be equipped on the front and rear with alternately flashing amber caution lights and alternately flashing red signal lights. However, this section does not apply to those buses owned by a school district which are used for transporting children to and from school activities and which are not used to transport children from home to school and back.

Flashing red signal lights and flashing amber caution lights shall be of a type approved by the secretary of public safety. These signals shall be a complete system meeting minimum standards as prescribed by South Dakota Board of Education Standards rules. When a school bus loses its identity as a school bus pursuant to § 32-32-4 , the flashing red and amber lights shall be removed.

Source: SL 1963, ch 255, § 3; SL 1970, ch 175, § 33; SL 1974, ch 228, § 1; SL 1984, ch 343, §§ 17, 18; SL 1985, ch 401, § 21, 1986, ch 132, § 7; SL 1989, ch 276, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 20, eff. Apr. 17, 2003; SL 2017, ch 81, § 57.
S.D. Codified Laws § 32-3A-63 — SD Code / Title 32 / Chapter 3A / Section 32-3A-63
Expenditures on educational purposes--Vouchers
Status: in_force

Expenditures of the money allocated by § 32-3A-62 shall be on warrants drawn by the state auditor pursuant to vouchers approved by the secretary of the Department of Education. All expenditures allocated by § 32-3A-62 shall be made through a General Appropriations Act.

Source: SL 1993, ch 102, § 12B; SDCL 10-60-13; SL 2003, ch 272, § 63.
S.D. Codified Laws § 32-20-1 — SD Code / Title 32 / Chapter 20 / Section 32-20-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Department," the Department of Public Safety;

(2) "Moped," a motor driven cycle equipped with two or three wheels. If a combustion engine is used, the maximum piston or rotor displacement must be fifty cubic centimeters regardless of the number of chambers in the power source. The power source must be equipped with a power drive system that functions directly or automatically only, not requiring clutching or shifting by the operator after the drive system is engaged. The term does not include an electric bicycle as defined in § 32-20B-9 or a multi-passenger quadricycle as defined in § 32-14-17 ;

(3) "Motorcycle," includes motorcycles, motorbikes, mopeds, bicycles with motor attached, and all motor operated vehicles of the bicycle or tricycle type, whether the motive power be a part thereof or attached thereto, and having a saddle or seat with the driver sitting astride or upon it, or a platform on which the driver stands, but excluding a tractor. The term does not include an electric bicycle as defined in § 32-20B-9 or a multi-passenger quadricycle; and

(4) "Off-road vehicle," any self-propelled, two or more wheeled vehicle designed primarily to be operated on land other than a highway and includes all terrain vehicles, dune buggies, and any vehicle whose manufacturer's statement of origin or manufacturer's certificate of origin states that the vehicle is not for highway use. The term does not include a farm vehicle as defined in § 32-3-2.4 , a multi-passenger quadricycle, or an electric bicycle as defined in § 32-20B-9 .

Source: SL 1967, ch 215, § 1; SL 1978, ch 230, § 1; SL 1985, ch 238, § 7; SL 1987, ch 231, § 1; SL 1988, ch 236, § 25; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2019, ch 135, § 14; SL 2024, ch 118, § 10.
S.D. Codified Laws § 32-5-8.3 — SD Code / Title 32 / Chapter 5 / Section 32-5-8.3
Temporary permit for certain noncommercial motor vehicles to pull identified trailer or semitrailer
Status: in_force

A noncommercial motor vehicle licensed pursuant to § 32-5-6 may pull a trailer or semitrailer with an identification plate issued pursuant to § 32-5-8.1 if the operator of the noncommercial motor vehicle has a temporary vehicle operating permit. The permit shall be issued by the county treasurer for a period of five to fifteen consecutive days. The fee for the permit is one dollar per day. The permit shall be good for the number of days for which issued including the day on which issued.

Source: SL 1991, ch 239, § 8.
S.D. Codified Laws § 32-19-1 — SD Code / Title 32 / Chapter 19 / Section 32-19-1
Solid rubber tire vehicles--Tire requirements--Violation as petty offense
Status: in_force

Every solid rubber tire on a vehicle moved on any highway shall have rubber on its entire traction surface at least one inch thick above the edge of the flange of the entire periphery. A violation of this section is a petty offense.

Source: SDC 1939, § 44.0344; SL 1989, ch 255, § 87.
S.D. Codified Laws § 32-2-4 — SD Code / Title 32 / Chapter 2 / Section 32-2-4
Purchase of equipment for highway patrol
Status: in_force

The Department of Public Safety shall have power to purchase equipment, including automobiles, motorcycles, radios, firearms, and any other equipment that may be necessary properly to equip agents operating under the Division of Highway Patrol.

Source: SDC 1939, § 44.0604 (1); SL 2003, ch 272, § 21.
S.D. Codified Laws § 32-22-8.1 — SD Code / Title 32 / Chapter 22 / Section 32-22-8.1
Length limitations on trailers, semitrailers, and auto and boat transporters--Violation as misdemeanor
Status: in_force

Unless otherwise signed, any motor vehicle may travel upon any segment of the national system of interstate and defense highways and the state trunk highway system if the vehicle is operated within the following length limitation:

(1) Fifty - three feet on the length of the semitrailer unit operating in a truck tractor - semitrailer combination;

(2) Twenty - eight and one - half feet on each trailer unit operating in a road tractor - trailer - trailer combination if the towbars do not exceed nineteen feet and the overall length of the trailer - trailer unit including towbars does not exceed eighty feet;

(3) Eighty feet on the overall length of a straight truck - trailer combination, provided that, if the towbar between the straight truck and trailer exceeds nineteen feet, the towbar is flagged during daylight hours and lighted at night; or

(4) The maximum length of a semitrailer - semitrailer or semitrailer - trailer combination, excluding the length of the truck - tractor, is eighty - one and one - half feet provided the maximum length of either unit does not exceed forty - five feet. If the towbar length exceeds nineteen feet, the towbar shall be flagged during daylight hours and lighted at night. The weight of the second unit may not exceed the weight of the first unit by more than three thousand pounds.

No other length limitation may be imposed on the vehicles described in this section. Length limitations are exclusive of load overhang, retractable extensions used to support overhanging load and safety and energy conservation devices, including but not limited to mirrors, turn signal lamps, hand holds, flexible fender extensions, and mud flaps. Load overhang and retractable extensions on any vehicle may not extend more than four feet beyond the rear bumper, bed, or body nor more than three feet beyond the front bumper, bed, or body of the vehicle carried thereon. Retractable extensions shall be retracted if not being used to support overhanging load. If a vehicle exceeds the length limitations of this section, the driver of the vehicle is guilty of a Class 2 misdemeanor.

Source: SL 1983, ch 246, § 4; SL 1984, ch 230, § 9; SL 1985, ch 258; SL 1986, ch 261; SL 1987, ch 210, § 23; SL 1989, ch 264, § 17; SL 1990, ch 257, § 3; SL 1998, ch 190, § 1.
S.D. Codified Laws § 32-28-1 — SD Code / Title 32 / Chapter 28 / Section 32-28-1
Traffic controlled by go, caution, or stop lights--Signal at place other than intersection
Status: in_force

Whenever traffic is controlled by traffic control signals exhibiting the words go, caution, or stop, or exhibiting different colored lights successively one at a time, or with arrows, only the colors mentioned in §§ 32-28-2 to 32-28-5 , inclusive, shall be used and said terms and lights shall indicate and apply to drivers of vehicles and pedestrians as provided by §§ 32-28-2 to 32-28-5 , inclusive.

In the event an official traffic control signal is erected and maintained at a place other than an intersection, the provisions of §§ 32-28-1 to 32-28-5 , inclusive, shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal.

Source: SL 1963, ch 274, § 2.
S.D. Codified Laws § 32-20A-21 — SD Code / Title 32 / Chapter 20A / Section 32-20A-21
Assumption of risk of injury
Status: in_force

A snowmobiler assumes the risks inherent in the sport of snowmobiling. A snowmobiler is responsible for:

(1) Knowing the range of the snowmobiler's own ability to snowmobile any slope, trail, or area and for snowmobiling within the limits of the snowmobiler's ability considering the conditions;

(2) Maintaining control of the snowmobile's speed and course at all times while snowmobiling;

(3) Heeding all posted warnings; and

(4) Refraining from acting in a manner that may cause or contribute to the injury of anyone.

The provisions of this section do not affect a product's liability cause of action based upon the design or manufacture of snowmobile equipment products or safety equipment used incidental to the operation of a snowmobile.

Source: SL 1994, ch 259, § 1.
S.D. Codified Laws § 32-20-2 — SD Code / Title 32 / Chapter 20 / Section 32-20-2
Driver license or permit required to operate motorcycle, moped, all-terrain vehicle, or three-wheel vehicle--Testing requirements--Violation as misdemeanor
Status: in_force

No person may operate a motorcycle, except a moped as defined in § 32-20-1 , a licensed all-terrain vehicle under § 32-20-13 , or any motor vehicle that has three wheels and is operated with a steering wheel and foot controls on the public streets or highways without a motor vehicle driver license or permit upon which a state testing officer has certified that such person is qualified to operate such motorcycle. An operator of a moped, a licensed all-terrain vehicle, or a motor vehicle that has three wheels and is operated with a steering wheel and foot controls shall have a valid motor vehicle driver license or permit. The department may waive the testing requirements upon completion of a motorcycle safety course approved pursuant to § 32-20-14 . A violation of this section is a Class 2 misdemeanor.

Source: SL 1967, ch 215, § 2; SL 1978, ch 230, § 2; SL 1982, ch 18, § 26; SL 1987, ch 233, § 3; SL 1989, ch 255, § 92; SL 1989, ch 270, § 2; SL 1995, ch 178, § 3; SL 2017, ch 140, § 1.
S.D. Codified Laws § 32-6B-36 — SD Code / Title 32 / Chapter 6B / Section 32-6B-36
Dealer's car auction agency--Vehicles acceptable for sale--Permitted purchasers--Unauthorized sale a misdemeanor
Status: in_force

Any auction agency operating under the provisions of this chapter may accept for sale at its option vehicles which are owned by vehicle dealers regularly licensed in either this or some other state, or by the following entities if the vehicle is owned and titled by the entity and acquired incident to its regular business:

(1) Any regulated lender as defined in § 54-3-14 or any financing institution licensed pursuant to chapter 54-4 ;

(2) Any financial institution chartered or licensed in any other jurisdiction. However, such entity is not required to have a title in its name if the entity provides a title in the name of the customer and documentation as required by the department to substantiate a repossession transaction; or

(3) Any insurance company authorized to do business in either this state or some other state.

An auction agency may also accept from any manufacturer any vehicle that is owned by the manufacturer and that has a manufacturer's certificate of origin or a valid title. Any vehicle with a manufacturer's certificate of origin sold for a manufacturer may only be offered to the manufacturer's franchised dealers with the same line vehicle make.

Any vehicle dealer, regularly licensed by this or some other state, may purchase any vehicle from an auction agency, except as otherwise prohibited by this section. Any auction agency that accepts for sale any vehicle not authorized by this section is guilty of a Class 1 misdemeanor.

Source: SL 1986, ch 250, § 37; SL 1997, ch 184, § 1; SL 2001, ch 168, § 1; SL 2007, ch 177, § 1; SL 2015, ch 157, § 21.
S.D. Codified Laws § 32-12A-11.3 — SD Code / Title 32 / Chapter 12A / Section 32-12A-11.3
No issuance--Disqualified driver--Driver credentialed in other state--Surrender
Status: in_force

The department may not issue a commercial learner's permit or commercial driver license to a person while the person is subject to a disqualification from driving a commercial motor vehicle, or while the person's operator license or driving privilege is suspended, revoked, or cancelled in any state.

The department may not issue a commercial driver license to a person who has a commercial driver license, noncommercial driver license, noncommercial instruction permit, or commercial learner's permit issued by any other state, unless the person first surrenders the license or permit. The department shall destroy any license or permit surrendered under this section. The department shall notify the issuing jurisdiction that the license holder has surrendered the license or permit, in keeping with the single license requirement established in 49 C.F.R. § 383.21 (January 1, 2026), to obtain a commercial learner's permit or commercial driver license in this state.

Source: SL 2026, ch 134, § 4.
S.D. Codified Laws § 32-7A-10 — SD Code / Title 32 / Chapter 7A / Section 32-7A-10
Dealers' plates--Issuance--Use--Fees
Status: in_force

The Department of Revenue shall issue to any mobile home and manufactured home dealer or manufacturer licensed as provided in this chapter, metal number plates displaying a general distinguishing number. The dealer or manufacturer shall make application to the department for the plates and pay a fee of ten dollars for each plate. One such plate shall be displayed on the rear of each mobile home or manufactured home while being transported on a public highway.

Source: SL 1984, ch 223, § 10; SL 1996, ch 197, § 2; SL 2004, ch 17, § 102; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-20-6.2 — SD Code / Title 32 / Chapter 20 / Section 32-20-6.2
Position of motorcyclist--Violation as misdemeanor
Status: in_force

No person may ride upon a motorcycle unless sitting astride the motorcycle seat and facing forward. No person may operate a motorcycle unless he has at least one hand on the handlebars at all times while the motorcycle is in motion. A violation of this section is a Class 2 misdemeanor.

Source: SL 1970, ch 176, § 1, § 2; SL 1989, ch 255, § 95; SL 1989, ch 256, § 17.