S.D. Codified Laws § 32-19-2 — SD Code / Title 32 / Chapter 19 / Section 32-19-2
Cleated or spiked rolling surfaces prohibited--Farm machinery excepted--Tire chains excepted--Violation as petty offense
Status: in_force

No tire on a vehicle moved on a highway may have on its periphery any block, stud, flange, cleat, or spike, or any other protuberances of any material other than rubber which projects beyond the tread of the traction surface of the tire except that it shall be permissible to use farm machinery with tires having protuberances which will not injure the highway and except also that it shall be permissible to use tire chains of reasonable proportions upon any vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to slide or skid. A violation of this section is a petty offense.

Source: SDC 1939, § 44.0344; SL 1989, ch 255, § 88.
S.D. Codified Laws § 32-5-191 — SD Code / Title 32 / Chapter 5 / Section 32-5-191
Off-road vehicles--Distribution of fees collected
Status: in_force

If the application required by § 32-5-190 is processed solely by the department, the fee shall be deposited into the state motor vehicle fund. If the application is processed by a county treasurer and reviewed by the department, half of the fee shall be deposited in the state motor vehicle fund and half of the fee shall be deposited into the county general fund.

Source: SL 2023, ch 99, § 4.
S.D. Codified Laws § 32-3-25 — SD Code / Title 32 / Chapter 3 / Section 32-3-25
Application for title and registration by dealer on behalf of customer--Location of filing
Status: in_force

If an application for title and registration is filed by a dealer on behalf of a customer,the application shall be filed in the customer's county of residence.

Source: SDC 1939, § 44.0202 (8) as added by SL 1951, ch 229, § 2; SL 1955, ch 161; SL 1965, ch 186, § 2; SL 1989, ch 257, § 27; SL 2004, ch 200, § 1.
S.D. Codified Laws § 32-22-42.12 — SD Code / Title 32 / Chapter 22 / Section 32-22-42.12
Certain vehicles hauling from point of harvest--Exemption
Status: in_force

Except on the interstate system, a motor vehicle hauling agricultural products from a harvesting combine to the point of first unloading 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 1984, ch 231; SL 1986, ch 263, § 2.
S.D. Codified Laws § 32-11-9 — SD Code / Title 32 / Chapter 11 / Section 32-11-9
Construction of new county roads--Use of township funds
Status: in_force

If the county highway system is not completed in the county in which funds are collected for motor vehicle licenses, the board of county commissioners may use any portion of the allotment of a township in which a county road is being constructed for the construction of such road, provided the other townships receive their respective allotments of the fourteen percent appropriated for use on the roads of such townships.

Source: SDC 1939, § 44.0118 (2); SL 1939, ch 170; SL 1949, ch 163, § 2; SL 1977, ch 249, § 52.
S.D. Codified Laws § 32-35-121 — SD Code / Title 32 / Chapter 35 / Section 32-35-121
Suspension of license as penalty for violation of32-35-113or32-35-120
Status: in_force

The magistrate judge or circuit judge shall additionally suspend the driver's license of any person convicted of a violation of § 32-35-113 or 32-35-120 for a period of not less than thirty days and not to exceed one year. Any drivers license surrendered to the court pursuant to this section shall be transmitted by the clerk of court together with the required report of the conviction, to the Department of Public Safety within ten days of the conviction.

Source: SL 1986, ch 269, § 9; SL 1987, ch 243, § 1; SL 2003, ch 272, § 23.
S.D. Codified Laws § 32-5A-2 — SD Code / Title 32 / Chapter 5A / Section 32-5A-2
Deposit, use, and distribution of proceeds
Status: in_force

The proceeds from the tax created by this chapter shall be retained by the county and deposited in the county road and bridge fund, and the revenue may be used only for highway and bridge maintenance and construction. The board of county commissioners shall, by resolution, establish a means of distributing the revenue generated by this chapter among the county and the municipalities and townships located within the county.

Source: SL 1985, ch 248, § 2; SL 1999, ch 149, § 4.
S.D. Codified Laws § 32-12-11 — SD Code / Title 32 / Chapter 12 / Section 32-12-11
Application for license or permit--Persons at least fourteen and less than eighteen--Instruction permit--Restrictions
Status: in_force

Any person who is at least fourteen years of age but less than eighteen years of age applying for a South Dakota operator's license, restricted minor's permit, or instruction permit who does not currently hold an operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, or motorcycle instruction permit shall apply to the Department of Public Safety for an instruction permit. The department may, after the applicant has successfully passed all parts of the examination other than the driving test and paid a fee which is equal in amount to the fee prescribed for a license in § 32-12-16 , issue to the applicant an instruction permit.

The instruction permit entitles the applicant, while having the permit in the applicant's immediate possession, to drive a motor vehicle upon the public highways for a period of five years during the hours of 6 a.m. to 10 p.m. if accompanied by a person holding a valid operator's license who is at least eighteen years of age, has had at least one year of driving experience, and who is occupying a seat beside the applicant. The applicant is entitled to drive a motor vehicle upon the public highways during the hours of 10 p.m. to 6 a.m. if the motor vehicle is being operated under the direction of the applicant's parent or guardian who is occupying a seat beside the applicant. No holder of an instruction permit may use any type of wireless communication device while operating a motor vehicle upon the public highways.

The holder of an instruction permit who is at least fourteen years of age but less than eighteen years of age may apply for a restricted minor's permit after holding a valid instruction permit for at least one hundred eighty continuous days if issued before July 1, 2020, or at least two hundred seventy-five days if issued after July 1, 2020. The minor holding the instruction permit issued after July 1, 2020, shall drive a minimum of fifty hours under the supervision of a parent, legal guardian, or licensed driver over the age of eighteen with at least one year of driving experience. Ten of the mandated hours must be in inclement weather and no less than ten hours must be during night time hours. A parent or legal guardian shall attest in writing that the minor has met the instruction permit requirements as set forth in this chapter before the minor can apply for and obtain a restricted minor's permit under § 32-12-12 .

Source: SL 1959, ch 261, § 4; SDC Supp 1960, § 44.03B04 (1); SL 1977, ch 255; SL 1978, ch 230, § 7; SL 1989, ch 265, § 11; SL 1991, ch 252, § 2; SL 1992, ch 216; SL 1998, ch 186, § 1; SL 2000, ch 155, § 1; SL 2001, ch 171, § 8; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2004, ch 211, § 1; SL 2007, ch 180, § 1; SL 2013, ch 145, § 2; SL 2015, ch 166, § 1; SL 2020, ch 117, § 1.
S.D. Codified Laws § 32-6C-4 — SD Code / Title 32 / Chapter 6C / Section 32-6C-4
Bond required--Amount--Term--Continuation certificate--Notification of payment or cancellation--Additional bond
Status: in_force

Before any license may be issued, the applicant shall deliver to the department, a surety bond in the amount of five thousand dollars, executed by the applicant as principal and by a surety company qualified to do business in the state as surety. The bond shall be to the department and in favor of any customer who suffers any loss that may be occasioned by reason of the failure of title or by reason of any fraudulent misrepresentation or breach of warranty as to freedom from liens. The bond shall be for the license period, and a new bond or a proper continuation certificate shall be delivered to the department at the beginning of each license period. Any surety company that pays a claim against the bond of a licensee shall notify the department, in writing, that it has paid such a claim and shall state the reason and the amount of the claim. Any surety company that cancels the bond of a licensee shall notify the department, in writing, of the cancellation, giving the reason for that cancellation. If a claim is made to the department against the bond, which claim is based upon a final judgment of a court record of this state, the dealer shall execute an additional bond for the amount necessary to maintain such security at the original level.

Source: SL 1987, ch 223, § 4; SL 2004, ch 207, § 2.
S.D. Codified Laws § 32-33-14.1 — SD Code / Title 32 / Chapter 33 / Section 32-33-14.1
Agent or employee of Department of Transportation authorized to act in capacity of law enforcement officer to enforce speed limits in areas of highway construction
Status: in_force

An agent or employee of the Department of Transportation authorized by the secretary of transportation may, after receiving appropriate training, act in the capacity of a law enforcement officer within the state for the sole purpose of enforcing speed limits in areas of highway construction as authorized by § 32-25-19.1 when highway construction workers are present. Any authorized agent or employee may stop and issue a citation on a form promulgated pursuant to § 23-1A-2 to the driver of any vehicle for a speeding violation in a highway work area which occurred in the presence of the agent or employee. The agent or employee is not considered a law enforcement officer for the purposes of § 23-3-27 .

Source: SL 1997, ch 196, § 1.
S.D. Codified Laws § 32-12-45 — SD Code / Title 32 / Chapter 12 / Section 32-12-45
Extended term of license or permit held by active duty member of armed forces, spouse, or dependent--Renewal
Status: in_force

A valid South Dakota operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, or motorcycle instruction permit held by any active duty member of the United States armed forces, or held by a spouse or a dependent of any active duty military member serving outside this state, shall continue in full force and effect so long as the service continues and the person remains absent from this state, not to exceed ninety days following the date on which the holder of the license is honorably separated from such service or returns to this state, whichever is earlier, unless the license is sooner suspended, canceled, or revoked for cause as provided by law. The license is valid only when in the immediate possession of the licensee while driving and the licensee has military-issued identification, orders, discharge or separation papers in the licensee's immediate possession. A license may also be renewed electronically or by mail pursuant to § 32-12-43.1 . Any person renewing a permit or license under this section more than thirty days after the expiration date on the permit or license may be required to show military identification, orders, separation, or discharge papers.

Source: SDC Supp 1960, § 44.03B02 (5) as added by SL 1967, ch 200, § 1; SL 2001, ch 171, § 40; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2018, ch 191, § 1.
S.D. Codified Laws § 32-3-24 — SD Code / Title 32 / Chapter 3 / Section 32-3-24
Burden of proving ownership--Issuance of certificate
Status: in_force

The burden of proving his ownership and title shall be upon the applicant for a certificate of title. If satisfied that the applicant is the owner of the motor vehicle, trailer, or semitrailer and the application is in proper form, the secretary shall issue a certificate of title over his signature, but not otherwise.

Source: SDC 1939, § 44.0203; SL 1945, ch 187; SL 1951, ch 229, § 2; SL 1955, ch 161; SDC Supp 1960, § 44.0202 (8); SL 1965, ch 186, § 2; SL 1989, ch 257, § 26.
S.D. Codified Laws § 32-18-14 — SD Code / Title 32 / Chapter 18 / Section 32-18-14
Capability of parking brake--Parking brake assisted by service brake
Status: in_force

The parking brakes shall be capable of being applied in conformance with the requirements of § 32-18-13 by the driver's muscular effort or by spring action or by equivalent means. Their operation may be assisted by the service brakes or other source of power provided that failure of the service brake actuation system or other power assisting mechanism will not prevent the parking brakes from being applied in conformance with the requirements of § 32-18-13 .

Source: SL 1967, ch 197, § 1 (b); SL 1968, ch 178, § 2.
S.D. Codified Laws § 32-12-56 — SD Code / Title 32 / Chapter 12 / Section 32-12-56
Suspension or revocation for out-of-state conviction--Grounds
Status: in_force

The Department of Public Safety may suspend or revoke the driving privilege or driver license of any resident of this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice of the conviction of such person in another state of an offense which, if committed in this state, would be grounds for the suspension or revocation of the driving privilege or driver license.

Source: SL 1959, ch 261, § 18; SDC Supp 1960, § 44.03B18; SL 2001, ch 171, § 55; SL 2003, ch 272, § 23.
S.D. Codified Laws § 32-6D-3 — SD Code / Title 32 / Chapter 6D / Section 32-6D-3
Replacement of irreparable vehicle--Refund
Status: in_force

If, after reasonable attempts, the manufacturer or its authorized dealer is unable to conform the motor vehicle to any express warranty by repairing or correcting a nonconforming condition of the motor vehicle which first occurred during the lemon law rights period, the manufacturer shall, through its authorized dealer, at the option of the consumer, replace the motor vehicle with a comparable new motor vehicle and shall refund the customer all collateral charges, including excise tax, license, and registration fees and similar government charges or shall accept return of the vehicle from the consumer and refund to the consumer the following:

(1) The full contract price including charges for undercoating, dealer preparation, and transportation charges, and installed options, plus the nonrefundable portions of extended warranties and service contracts;

(2) All collateral charges, including excise tax, license, and registration fees and similar government charges;

(3) All finance charges incurred by the consumer after he first reported the nonconformity to the manufacturer or its authorized dealer; and

(4) Any incidental damages which shall include the reasonable cost of alternative transportation during the period that the consumer is without the use of the motor vehicle because of the nonconforming condition.

Source: SL 1993, ch 227, § 3; SL 2007, ch 178, § 1.
S.D. Codified Laws § 32-36-2 — SD Code / Title 32 / Chapter 36 / Section 32-36-2
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Abandoned motor vehicle," any motor vehicle left on a public street or highway or left on private property without the permission of the landowner or tenant;

(2) "Impounded vehicle," any motor vehicle removed or caused to be removed from a public highway pursuant to § 32-30-19 ;

(3) "Junk motor vehicle," any motor vehicle that has been placed on the property of a recognized junk dealer for the purposes of salvage;

(4) "Motor vehicle," automobile, boat as defined by § 32-3A-2 , house trailer, moped as defined by § 32-3-1 , motor truck, motorcycle, off-road vehicle as defined by § 32-20-1 , snowmobile as defined by § 32-20A-1 , trailer as defined by § 32-3-1 , and all vehicles propelled by power other than muscular power, but not a:

(a) Engine;

(b) Farm wagon;

(c) Road roller;

(d) Traction engine; or

(e) Vehicle that runs only on rails or tracks;

(5) "Removal agency," any public body, or private or nonprofit organization, authorized to remove and salvage abandoned and junk motor vehicles and other scrap metals. A removal agency may be authorized by chapter 32-30 to remove vehicles, may be hired or appointed by a public body, or may be in the business of removing or salvaging vehicles; and

(6) "Scrap metals," waste or refuse metals that have been in actual use and have been abandoned and are fit only to be remanufactured or recycled.

Source: SL 1972, ch 197, § 2; SL 1985, ch 268, § 1; SL 1987, ch 245, § 1; SL 1988, ch 270, § 1; SL 1998, ch 195, § 3; SL 2025, ch 132, § 1.
S.D. Codified Laws § 32-9-15 — SD Code / Title 32 / Chapter 9 / Section 32-9-15
Schedule of commercial motor vehicle fees per gross pounds--Older vehicles
Status: in_force

In consideration of the unusual use of the public highways, each person, except as otherwise provided in this chapter, desiring to operate a motor vehicle, trailer, or semitrailer, upon the public highways of this state as a motor carrier, shall annually pay the commercial motor vehicle fee as follows, to the county treasurer of the county of which the person is a resident, if a carrier of property; or to the Department of Revenue, if the person is not a resident of this state:

(1) Gross weight under 4000 pounds, eighty-five dollars;

(2) Gross weight of 4001 to 6000 pounds, one hundred dollars;

(3) Gross weight of 6001 to 8000 pounds, one hundred fifteen dollars;

(4) Gross weight of 8001 to 10,000 pounds, one hundred thirty dollars;

(5) Gross weight of 10,001 to 12,000 pounds, one hundred fifty dollars;

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

(7) Gross weight of 14,001 to 16,000 pounds, two hundred dollars;

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

(9) Gross weight of 18,001 to 20,000 pounds, two hundred fifty dollars;

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

(11) For each vehicle or combination of vehicles as defined in § 32-22-10 with a gross weight in excess of 78,000 pounds, seven dollars in addition to the fee schedule above.

If any commercial motor vehicle, according to the manufacturer's model year designation, is ten years old or more on January first of the year for which a license fee is required, that fee is ninety percent of the fee ordinarily prescribed.

Source: SDC 1939, § 44.0426; SL 1939, ch 176, § 2; SL 1943, ch 161, § 2; SL 1947, ch 195, § 3; SL 1957, ch 231; SL 1961, ch 236; SL 1966, ch 138; SL 1967, ch 205; SL 1967, ch 206; SL 1968, ch 175; SL 1974, ch 214, § 1; SL 1975, ch 202; SL 1977, ch 249, § 26; SL 1982, ch 243, § 4; SL 2004, ch 17, § 113; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011; SL 2011, ch 139, § 10.
S.D. Codified Laws § 32-6B-77 — SD Code / Title 32 / Chapter 6B / Section 32-6B-77
Filing objection when application rejected
Status: in_force

A dealer whose application to transfer is rejected may file an objection as provided for in § 32-6B-53 , or the dealer may file a civil proceeding to challenge the denial of the transfer. In an action brought under §§ 32-6B-73 to 32-6B-78 , inclusive, the burden is on the manufacturer or franchisor to prove that the prospective transferee is not qualified. An objection filed under §§ 32-6B-73 to 32-6B-78 , inclusive, is a contested case.

Source: SL 2000, ch 150, § 5; SL 2010, ch 156, § 16, eff. Mar. 9, 2010.
S.D. Codified Laws § 32-35-99 — SD Code / Title 32 / Chapter 35 / Section 32-35-99
Persons aggrieved by orders of departments--Consideration of information
Status: in_force

The Department of Public Safety shall receive and consider any pertinent information upon request of persons aggrieved by its orders or acts under any of the provisions of this chapter relating to driver licensing or financial responsibility. The Department of Revenue shall receive and consider any pertinent information upon the request of any person aggrieved by its orders and acts under any of the provisions of this chapter relating to motor vehicle registration or license plates.

Source: SL 1953, ch 251, § 2; SL 1957, ch 212, § 2; SDC Supp 1960, § 44.03A02; SL 1974, ch 229, § 2; SL 2004, ch 17, § 179; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-3-75 — SD Code / Title 32 / Chapter 3 / Section 32-3-75
Title issued to auction agency--Notice of right to reclaim
Status: in_force

Notwithstanding any other law, an auction agency in possession of a motor vehicle under § 32-3-74 may apply for and shall be issued a salvage title or a certificate of title for the motor vehicle in the name of the auction agency if the motor vehicle is not claimed by its owner or any lienholder as provided under § 32-3-76 . The auction agency seeking title under this section shall send written notice by certified mail, or a similar service that provides proof of delivery, to the owner of the motor vehicle and any readily identifiable lienholder of record at the owner's or lienholder's last known address. The notice shall include the location of the motor vehicle; the circumstance surrounding acquisition of the motor vehicle; reasonable charges incurred by the auction agency; the year, make, model, and serial number of the motor vehicle; and shall inform the owner or lienholder of the right to reclaim the motor vehicle under § 32-3-76 . If the auction agency cannot determine with reasonable certainty the identity and address of the owner or any lienholder, a notice shall be published once in a newspaper of general circulation in the area where the motor vehicle was acquired by the auction agency. Published notices required under this section may be grouped together for convenience and economy.

Source: SL 2018, ch 176, § 2.
S.D. Codified Laws § 32-14-12 — SD Code / Title 32 / Chapter 14 / Section 32-14-12
Certain maintenance vehicles exempt from overwidth restrictions
Status: in_force

The provisions of §§ 32-22-2 and 32-22-3 do not apply to any road grader, snowplow, or snow removal equipment which does not exceed a width of thirteen feet and ten inches and which is being operated under contract to, or leased by, the state, a county, a township, municipality, or a school district, or which is being operated within the corporate limits of a municipality. Any such equipment shall be equipped with revolving lights and any overwidth item shall be equipped with red or orange flags. Such equipment may not operate during nighttime hours except when used for snow removal purposes.

Source: SL 1991, ch 256, § 1; SL 1997, ch 191, § 1.
S.D. Codified Laws § 32-6B-66 — SD Code / Title 32 / Chapter 6B / Section 32-6B-66
In-transit permits for certain trailer manufacturer's trailers
Status: in_force

Any manufacturer of trailers located in the state and who has registered with the department as a manufacturer of trailers may use an in - transit permit to operate any of the manufacturer's trailers upon the streets and highways of this state for in - transit purposes and for travel to and from a service facility. A manufacturer may not issue an in - transit permit for a trailer for any other purpose. A violation of this section is a Class 1 misdemeanor.

Source: SL 1994, ch 247, § 1.
S.D. Codified Laws § 32-6B-21 — SD Code / Title 32 / Chapter 6B / Section 32-6B-21
Issuance of dealer plates--Numbering--Fees--Return of plates--Misdemeanor
Status: in_force

The department shall issue metal numerical license plates to licensed dealers upon application and payment of a one hundred one dollar yearly fee to be paid at the time of the annual review date for each set desired. The fees shall be distributed in the manner specified in §§ 32-11-2 and 32-11-4.1 to 32-11-9 , inclusive. The license plates shall be numbered consecutively and shall bear as a prefix the number 77. The plates may be issued for a multiple year period. If a dealer's license is revoked or canceled or the dealer goes out of business the 77 plates shall be returned to the department. If any person operates a motor vehicle with 77 plates after the dealer license is revoked or canceled or after the dealer goes out of business, or if the person refuses to return the plates, the person is guilty of a Class 2 misdemeanor.

Source: SL 1986, ch 250, § 22; SL 1997, ch 182, § 5; SL 1999, ch 59, § 9; SL 2011, ch 139, § 6; SL 2011, ch 139, § 16, eff. July 1, 2013; SL 2015, ch 165, § 17, eff. Apr. 1, 2015.
S.D. Codified Laws § 32-12A-8.1 — SD Code / Title 32 / Chapter 12A / Section 32-12A-8.1
Driving while subject to out-of-service order prohibited--Violation as misdemeanor
Status: in_force

No person may drive a commercial motor vehicle on the highways of this state while the person or the commercial motor vehicle is subject to any out-of-service order. A violation of this section is a Class 1 misdemeanor. The court shall order any person convicted for a violation of this section to remit to the clerk of courts the civil penalty described in § 32-12A-56 or 32-12A-57 , as applicable.

Source: SL 2005, ch 167, § 9; SL 2022, ch 95, § 1; SL 2023, ch 103, § 2.
S.D. Codified Laws § 32-6B-64 — SD Code / Title 32 / Chapter 6B / Section 32-6B-64
Advertising defined
Status: in_force

For the purposes of § 32-6B-63 the term, advertising, means any oral, written, or graphic statement which offers for sale a particular vehicle or vehicle parts and services or which indicates the availability of a vehicle or vehicle goods or services. The term includes any statement or representation made in a newspaper, periodical, pamphlet, circular, other publication, or on a radio or television; contained in any notice, handbill, sign, billboard, poster, bill, catalog, or letter; or printed on or contained in any tag or label which is attached to a vehicle.

Source: SL 1991, ch 247, § 2.
S.D. Codified Laws § 32-30-1 — SD Code / Title 32 / Chapter 30 / Section 32-30-1
Stopping or parking on rural highway prohibited--Violation as misdemeanor
Status: in_force

No person may stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or improved or main - traveled portion of any highway, outside of a business or residence district, when it is practical to stop, park, or leave such vehicle standing off of the paved or improved or main - traveled portion of the highway. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0324; SL 1963, ch 256; SL 1970, ch 175, § 30; SL 1989, ch 255, § 201.
S.D. Codified Laws § 32-5-142 — SD Code / Title 32 / Chapter 5 / Section 32-5-142
Suspension of registration, title, or license if distress warrant issued--Credit for fee paid
Status: in_force

If the county treasurer has issued a distress warrant pursuant to § 10-56-24 and payment or restitution has not been made for the motor vehicle registration, title, or license, the department shall suspend such registration, title, or license. The department shall also issue a credit for the amount of the fee remitted to the department for registering or titling the motor vehicle.

Source: SL 2000, ch 144, § 1.
S.D. Codified Laws § 32-23-10 — SD Code / Title 32 / Chapter 23 / Section 32-23-10
Operation of vehicle as consent to withdrawal of bodily substances and chemical analysis--Submission to withdrawal or analysis following arrest
Status: in_force

Any person who operates any vehicle in this state is considered to have given consent to the withdrawal of blood or other bodily substance and chemical analysis of the person's blood, breath, or other bodily substance to determine the amount of alcohol in the person's blood and to determine the presence of marijuana or any controlled drug or substance or any substance ingested, inhaled, or otherwise taken into the body as prohibited by § 22-42-15 or any other substance that may render a person incapable of safely driving. The arresting law enforcement officer may, subsequent to the arrest of any operator for a violation of § 32-23-1 , require the operator to submit to the withdrawal of blood or other bodily substances as evidence.

Source: SL 1959, ch 264, § 1; SDC Supp 1960, § 44.0302-2; SL 1972, ch 181; SL 1973, ch 195, § 12; SL 1982, ch 246, § 3; SL 1983, ch 244, § 5; SL 1988, ch 265; SL 1989, ch 274, § 1; SL 1990, ch 259; SL 1998, ch 198, § 2; SL 2001, ch 178, § 1; SL 2004, ch 217, § 1; SL 2006, ch 169, § 1.
S.D. Codified Laws § 32-40-6 — SD Code / Title 32 / Chapter 40 / Section 32-40-6
Personal vehicles to comply with vehicle equipment laws
Status: in_force

A transportation network company shall require that a personal vehicle used to provide any prearranged ride shall comply with all applicable laws and rules concerning vehicle equipment.

Source: SL 2016, ch 167, § 6.
S.D. Codified Laws § 32-6B-7 — SD Code / Title 32 / Chapter 6B / Section 32-6B-7
Bond required--Amount--Term--Continuation certificate--Notification of payment or cancellation--Additional bond
Status: in_force

Before any license is issued, the applicant shall deliver to the department a good and sufficient surety bond, executed by the applicant as principal and by a surety company qualified to do business in the state as surety. The bond shall be for an amount based upon the type of license applied for, as follows:

(1) Vehicle dealer's license--$25,000;

(2) Used vehicle dealer's license--$25,000;

(3) Motorcycle and off-road vehicle dealer's license--$5,000;

(4) Trailer dealer's license--$10,000 for trailers weighing more than three thousand pounds; or

(5) Emergency vehicle dealer's license--$10,000.

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

Source: SL 1986, ch 250, § 8; SL 1989, ch 256, § 3; SL 1998, ch 175, § 4; SL 2004, ch 207, § 1; SL 2010, ch 156, § 2, eff. Mar. 9, 2010; SL 2016, ch 159, § 3.
S.D. Codified Laws § 32-9-45 — SD Code / Title 32 / Chapter 9 / Section 32-9-45
Overweight operation of vehicle--Payment of additional fee--Payment no defense
Status: in_force

Any motor carrier who shall operate upon the public highway any motor vehicle the weight of which, together with its load, shall exceed the gross weight of such vehicle specified in his application and authorized in the commercial motor vehicle certificate, shall be thereby deemed to have specified such greater weight and to have agreed to pay the appropriate fee and shall forthwith pay the amount by which the correct fee therefor, for the full term of the authorized operation of such motor vehicle under his certificate or permit, exceeds the amount of fee actually paid. Such additional amount is compensation and not a penalty or fine, and the payment thereof does not constitute a defense or bar to conviction for such, or any other violation of this chapter.

Source: SDC 1939, § 44.0431; SL 1953, ch 239; SL 1977, ch 249, § 44; SL 1989, ch 255, § 28.
S.D. Codified Laws § 32-25-13 — SD Code / Title 32 / Chapter 25 / Section 32-25-13
Speed limit at obstructed railway crossings--Violation as misdemeanor
Status: in_force

When approaching within fifty feet of a grade crossing of any railway when the driver's view is obstructed, the maximum speed shall be fifteen miles per hour. A driver's view is obstructed if at any time during the last two hundred feet of his approach to such crossing he does not have a clear and uninterrupted view of any traffic on such railway for a distance of four hundred feet in each direction. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0303 (1); SL 1941, ch 187, § 1; SL 1955, ch 168; SL 1959, ch 251, § 1; SDC Supp 1960, § 44.0303 (6) (b); SL 1970, ch 175, § 10; SL 1989, ch 255, § 134.
S.D. Codified Laws § 32-14-17 — SD Code / Title 32 / Chapter 14 / Section 32-14-17
Multi-passenger quadricycle--Definition
Status: in_force

For the purposes of this chapter, the term "multi-passenger quadricycle" means a vehicle equipped with fully operative pedals for propulsion by means of human muscular power exclusively. The vehicle must be:

(1) Equipped with at least four wheels and is operated in a manner similar to a bicycle;

(2) Equipped with at least five seats for passengers;

(3) Designed to be operated by a driver, who may use an assist-motor capable of propelling the vehicle in conjunction with human muscular power;

(4) Operated for commercial purposes within a municipality;

(5) Equipped with a steering wheel that gives the driver exclusive control of the direction of the vehicle;

(6) Equipped with at least one tail lamp in accordance with § 32-17-12 ;

(7) Equipped with at least one stop lamp in accordance with § 32-17-8.1 ;

(8) Equipped with at least two headlamps with one on each side of the front of the vehicle; and

(9) Equipped with a rear vision mirror in accordance with § 32-15-8 .

Source: SL 2024, ch 118, § 1.
S.D. Codified Laws § 32-5-21 — SD Code / Title 32 / Chapter 5 / Section 32-5-21
Motorbus defined--Noncommercial fee--Gross maximum weight
Status: in_force

For purposes of this chapter, a motorbus is any vehicle, with a seating capacity of sixteen or more persons, including the driver, used in the transportation of persons. The annual license fee for noncommercial motorbuses shall be paid based on the noncommercial vehicle fee schedule provided in § 32-5-6.3 . The gross maximum weight shall be the unladen weight of the vehicle plus an additional two hundred pounds per passenger seating capacity.

Source: SDC 1939, § 44.0108(4); SL 1977, ch 249, § 9; SL 1986, ch 242, § 8; SL 1992, ch 60, § 2; SL 1994, ch 240, § 1; SL 2003, ch 165, § 1.
S.D. Codified Laws § 32-20A-22 — SD Code / Title 32 / Chapter 20A / Section 32-20A-22
Liability of snowmobile equipment renters--Gross negligence
Status: in_force

Except as provided in § 32-20A-23 , a person who offers snowmobile equipment for rent is liable for death or injury to the operator thereof or other person or property only for an act or omission that constitutes gross negligence.

Source: SL 1994, ch 259, § 2.
S.D. Codified Laws § 32-12-13 — SD Code / Title 32 / Chapter 12 / Section 32-12-13
Weight of vehicle operated under restricted minor's permit--Agricultural machinery
Status: in_force

A restricted minor's permit issued under § 32-12-12 or a motorcycle restricted minor's permit issued under § 32-12-12.1 does not entitle the minor to operate a motor vehicle in excess of twenty thousand pounds gross vehicle weight. However, the restriction imposed by this section does not apply to the holder of a restricted minor's permit operating a self - propelled agricultural machine that is not subject to registration under chapter 32-5 .

Source: 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 1971, ch 187, § 2; SL 1989, ch 265, § 13; SL 2001, ch 171, § 12.
S.D. Codified Laws § 32-3-76 — SD Code / Title 32 / Chapter 3 / Section 32-3-76
Reclamation of vehicle by owner or lienholder--Notice of intent to reclaim--Vesting of title to abandoned vehicle in auction agency--Sale of vehicle--Distribution of proceeds
Status: in_force

An owner or lienholder may reclaim a motor vehicle for which notice has been provided as required under § 32-3-75 . The owner or lienholder shall provide notice to the auction agency of any intent to reclaim the motor vehicle from the auction agency by certified mail, or any similar service that provides proof of delivery, within thirty days of the owner's or lienholder's receipt of notice under § 32-3-75 . Notwithstanding any other law, and only if the auction agency has complied with the provisions of this chapter, title to the motor vehicle irrevocably vests in the auction agency in possession of the abandoned motor vehicle if:

(1) The auction agency has not received notice of intent to reclaim the motor vehicle from the owner or any lienholder within forty-five days from their receipt of notice provided under § 32-3-75 ; or

(2) The owner or lienholder provides notice of an intent to reclaim the motor vehicle under this section but fails to:

(a) Pay to the auction agency the reasonable charges incurred by the auction agency; and

(b) Claim and remove the motor vehicle within forty-five days after the auction agency's receipt of the notice of intent to reclaim the motor vehicle.

Upon an auction agency's receipt of title, the motor vehicle shall be sold by the auction agency, and any excess proceeds received from the sale, beyond settlement of the reasonable charges incurred by the auction agency, shall be paid jointly to the owner and any prior lienholder, and mailed to the first lienholder, if any, or otherwise to the prior owner. If the auction agency cannot identify or contact the owner or any lienholder, any excess proceeds received from the sale shall be sent to the state treasurer and treated as unclaimed property pursuant to chapter 43-41B . After any salvage title or certificate of title is issued under the provisions of this section or § 32-3-75 , an owner's or lienholder's exclusive right against the auction agency shall be to any excess proceeds from the auction agency's sale of the vehicle under this section. For purposes of this section and § 32-3-75 , reasonable charges incurred by the auction agency include any cost incurred by the auction agency for towing and storage of the motor vehicle, providing notice by mail or publication to the owner or any lienholder, and conducting the auction pursuant to this section.

Source: SL 2018, ch 176, § 3.
S.D. Codified Laws § 32-6B-36.3 — SD Code / Title 32 / Chapter 6B / Section 32-6B-36.3
Issuance of auction agency plates--Numbering--Fees--Return of plates--Misdemeanor
Status: in_force

The department shall issue metal numerical license plates to an auction agency upon application and payment of a one hundred one dollar yearly fee to be paid at the time of the annual review date for each set desired. Such fees shall be distributed in the manner specified in §§ 32-11-2 and 32-11-4.1 to 32-11-9 , inclusive. The license plates shall be numbered consecutively and shall bear as a prefix the number "99." The plates may be issued for a multiple year period. If an auction agency's license is revoked or canceled or the auction agency goes out of business, the "99" plates shall be returned to the department. If any person operates a motor vehicle with "99" plates after the auction agency's license is revoked or canceled or after the auction agency goes out of business, or if the person refuses to return the plates, the person is guilty of a Class 2 misdemeanor.

Source: SL 2002, ch 152, § 1; SL 2003, ch 167, § 1; SL 2011, ch 139, § 8; SL 2011, ch 139, § 18, eff. July 1, 2013; SL 2015, ch 165, § 19, eff. Apr. 1, 2015.
S.D. Codified Laws § 32-6B-57 — SD Code / Title 32 / Chapter 6B / Section 32-6B-57
Sale by franchisor to franchisee at lower price than that charged to other franchisee prohibited--Exceptions--Violation as misdemeanor--Damages
Status: in_force

It shall be unlawful for a franchisor to offer to sell or to sell any new vehicle to any franchisee at a lower actual price therefor than the actual price charged to any other franchisee for the same model vehicle similarly equipped or to utilize any device including, but not limited to, sales promotion plans or programs which result in such lesser actual price; provided, however, the provisions of this section shall not apply to sales to a franchisee for resale to any unit of government, federal, state, or local. Provided, further, the provisions of this section shall not apply to sales to a franchisee of any vehicle ultimately sold, donated, or used by said franchisee in a driver's education program. Provided, further, that the provisions of this section shall not apply so long as the franchisor offers to sell or sells new vehicles to all franchisees at the same price. Each and every person who violates this section shall be guilty of a Class 1 misdemeanor, and each and every person violating this section shall be liable thereby for all damages caused by such violation.

Source: SL 1986, ch 250, § 58.
S.D. Codified Laws § 32-5-1.3 — SD Code / Title 32 / Chapter 5 / Section 32-5-1.3
Farm vehicles exempt--Exceptions
Status: in_force

Any farm wagon, farm implement drawn by another vehicle, or farm vehicle which is designed and used primarily for tillage, harvesting, or transportation of agricultural products or farm property by or for agricultural producers is exempt from the provisions of this chapter unless the farm vehicle is a stock trailer, gooseneck trailer, or semitrailer towed by a licensed motor vehicle on any public highway or a passenger vehicle, two - or three - axle truck, or semitractor.

Source: SL 1982, ch 225, § 4; SL 1986, ch 242, § 7.
S.D. Codified Laws § 32-12A-32 — SD Code / Title 32 / Chapter 12A / Section 32-12A-32
Grounds for suspension, revocation, or cancelation of commercial learner's permit or driver license--Hearing
Status: in_force

The secretary of public safety may suspend, revoke, disqualify, or cancel the commercial learner's permit, commercial driver license, or driving privilege of a person after opportunity for hearing pursuant to chapter 1-26 , if hearing is demanded, upon a showing by its records or other sufficient evidence that the licensee:

(1) Has been convicted of an offense for which mandatory suspension, revocation, or disqualification of license is required;

(2) Appears by the records of the department to be an habitually reckless or negligent operator of a motor vehicle or to have repeatedly violated any of the state traffic laws, municipal ordinances that are in strict conformity with state law and adopted by a local authority other than regulations governing parking, traffic laws of another state, or any of the county speed limits set pursuant to law. The secretary of public safety shall implement the method of weighing traffic convictions provided in § 32-12-49.1 ;

(3) Is physically or mentally incompetent to drive a motor vehicle;

(4) Has violated § 32-12-17.3 , 32-12-17.4 , 32-12-17.5 , 32-12-17.6 , 32-12-67 , 32-12-69 , 32-12-70 , or 32-12-71 ;

(5) Has committed an offense in another state, which if committed in this state, would be grounds for suspension, revocation, or disqualification;

(6) Has failed to pay a fine or comply with the terms of a citation issued in the state;

(7) Has failed to pay a fine or comply with the terms of a citation issued by a state covered by the nonresident violators compact; or

(8) Has made a false statement or representation or fails to disclose a material fact in order to obtain a driver license.

In determining whether a commercial learner's permit, commercial driver license, or driving privilege should be suspended or revoked under this section, the director may not consider any offense that is more than four years old.

Source: SL 2001, ch 171, § 111; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2015, ch 168, § 27.
S.D. Codified Laws § 32-29-8 — SD Code / Title 32 / Chapter 29 / Section 32-29-8
Construction and low-clearance vehicles required to take special precautions at grade crossings--Violation as misdemeanor
Status: in_force

No person may operate or move any crawler type tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of ten or less miles per hour or a vertical body or load clearance of less than one - half inch per foot of the distance between any two adjacent axles or in any event of less than nine inches, measured above the level surface of a roadway, upon or across any tracks at a railroad grade crossing without first complying with § 32-29-9 . A violation of this section is a Class 2 misdemeanor.

Source: SL 1970, ch 175, § 29, § 1; SL 1989, ch 255, § 237.
S.D. Codified Laws § 32-6B-41 — SD Code / Title 32 / Chapter 6B / Section 32-6B-41
Grounds for denial of license or application of provisions of §§32-6B-41.1to32-6B-41.6, inclusive
Status: in_force

The department may deny any application or apply the provisions of §§ 32-6B-41.1 to 32-6B-41.6 , 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 vehicle theft or odometer fraud in the last five years;

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

(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 vehicles;

(6) Failure to apply for transfers of title as required in chapter 32-3 ;

(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 vehicles 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 vehicles;

(9) Refusal to comply with a licensee's responsibility under the terms of the new vehicle 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 vehicle;

(11) Inability to obtain or renew surety bond or to participate in a dealer asset pool;

(12) Failure to maintain and continuously occupy a principal place of business; or

(13) Failure to obtain or renew a public liability insurance policy of not less than three hundred thousand dollars, if the dealer has been given thirty days written notice to comply.

Source: SL 1986, ch 250, § 42; SL 1989, ch 256, § 5; SL 1990, ch 239, § 3; SL 1990, ch 242, § 2; SL 1991, ch 245; SL 2005, ch 162, § 7.
S.D. Codified Laws § 32-6B-58.2 — SD Code / Title 32 / Chapter 6B / Section 32-6B-58.2
Manufacturer or component manufacturer--Charge back--Prohibited in certain circumstances
Status: in_force

Except as provided in § 32-6B-58.3 , a manufacturer or component manufacturer may not charge back to a vehicle dealer any warranty claim that has been paid and approved for any vehicle or any part, component, complete assembly, or subassembly for a vehicle if:

(1) The repair work was covered under the manufacturer’s or component manufacturer's warranty;

(2) The repair work corrected the defective condition that needed to be repaired;

(3) The vehicle dealer provided documentation of the parts repaired and the process used to make the repairs; and

(4) The vehicle dealer performed the repair in accordance with reasonable written requirements of the manufacturer or component manufacturer, if the vehicle dealer was notified of the requirements before the claim arose and if the requirements were in effect when the claim arose.

Source: SL 2023, ch 100, § 2.
S.D. Codified Laws § 32-18-8 — SD Code / Title 32 / Chapter 18 / Section 32-18-8
Capabilities of service brakes--Braking force--Stopping distance--Classification of particular vehicles--Violation as misdemeanor
Status: in_force

Every motor vehicle described in § 32-18-1 and combination of vehicles, at all times and under all conditions of loading, upon application of the service brake, shall be capable of:

(1) Developing a braking force that is not less than the percentage of its gross weight tabulated herein for its classification;

(2) Decelerating to a stop from not more than twenty miles per hour at not less than the feet per second per second tabulated therein for its classification; and

(3) Stopping from a speed of twenty miles per hour in not more than the distance tabulated herein for its classification, such distance to be measured from the point at which movement of the service brake pedal or control begins.

1

2

3

4

Classification of Vehicles

Braking force as a percentage of gross vehicle or combination weight

Deceleration in feet per second per second

Brake system application and braking distance in feet from an initial speed of 20 m.p.h.

A

Passenger vehicles with a seating capacity of 10 people or less including driver, not having a manufacturer's gross vehicle weight rating

52.8%

17

25

B - 1

All motorcycles and motor - driven cycles

43.5%

14

30

B - 2

Single unit vehicles with a manufacturer's gross vehicle weight rating of 10,000 pounds or less

43.5%

14

30

C - 1

Single unit vehicles with a manufacturer's gross weight rating of more than 10,000 pounds

43.5%

14

40

C - 2

Combination of a two - axle towing vehicle and a trailer with a gross trailer weight of 3,000 pounds or less

43.5%

14

40

C - 3

Buses, regardless of the number of axles, not having a manufacturer's gross weight rating

43.5%

14

40

C - 4

All combinations of vehicles in driveaway - towaway operations

43.5%

14

14

D

All other vehicles and combinations of vehicles

43.5%

14

50

A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0346; SL 1967, ch 197, § 2; SL 1989, ch 255, § 72.
S.D. Codified Laws § 32-15-21 — SD Code / Title 32 / Chapter 15 / Section 32-15-21
Design of slow-moving vehicle emblem
Status: in_force

The slow - moving vehicle emblem as required by § 32-15-20 shall be of the specification approved by the American Society of Agricultural Engineers.

Source: SL 1970, ch 189, § 3.
S.D. Codified Laws § 32-12-47.2 — SD Code / Title 32 / Chapter 12 / Section 32-12-47.2
Revocation and suspension defined--Conditions for reinstatement after revocation or suspension
Status: in_force

Revocation is the termination of a person's driving privilege and withdrawal of that person's driver license, if any, for a specified time. No person whose driving privilege has been revoked may have that privilege and driver license reinstated during the time set out in the revocation order or judgment, nor may that privilege and driver license be reinstated after expiration of the revocation period until that person has complied with § 32-12-47.1 and chapter 32-35 .

Suspension is the temporary withdrawal of a person's driving privilege and driver license which may be for a specified time or until specified conditions are met, or both. A driving privilege and driver license that have been suspended may not be reinstated until that person has complied with § 32-12-47.1 and chapter 32-35 .

Source: SL 1988, ch 254, § 1; SL 2001, ch 171, § 45.
S.D. Codified Laws § 32-6B-1.3 — SD Code / Title 32 / Chapter 6B / Section 32-6B-1.3
Temporary special events lot defined
Status: in_force

For the purposes of this chapter, the term, temporary special events lot, means a location other than the principal place of business, supplemental lot, or temporary supplemental lot where a licensed trailer dealer, a licensed used car dealer, or a licensed vehicle dealer selling only truck tractors, trailers, or motor homes, or any combination thereof, may conduct business for a period of time not to exceed ten consecutive days for a specific purpose such as fairs, auctions, shopping center sales, or tent sales. A temporary special events lot shall meet all local zoning and building codes for the type of business being conducted.

Source: SL 2019, ch 130, § 4.
S.D. Codified Laws § 32-37-1.1 — SD Code / Title 32 / Chapter 37 / Section 32-37-1.1
Operator to assure that passengers between ages five and eighteen wear seat belts
Status: in_force

Any operator of a passenger vehicle operated on a public street or highway in this state transporting a passenger who is at least five and under eighteen years of age shall assure that the passenger is wearing a properly adjusted and fastened safety seat belt system, required to be installed in the passenger vehicle if manufactured pursuant to Federal Motor Vehicle Safety Standard Number 208 (49 C.F.R. 571.208) in effect January 1, 1989, at all times when the vehicle is in motion. A violation of this section is a petty offense.

Source: SL 2001, ch 179, § 1.
S.D. Codified Laws § 32-35-65 — SD Code / Title 32 / Chapter 35 / Section 32-35-65
Certificate by insurance carrier as proof--Contents of certificate
Status: in_force

Proof of financial responsibility for the future may be furnished by filing with the Department of Public Safety the written certificate of any insurance carrier duly authorized to do business in this state certifying that there is in effect a motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. Such certificate shall give the effective date of such motor vehicle liability policy, which date shall be the same as the effective date of the certificate, and shall designate by explicit description or by appropriate reference all vehicles covered thereby, unless the policy is issued to a person who is not the owner of a motor vehicle.

Source: SL 1957, ch 212, § 48; SDC Supp 1960, § 44.03A48; SL 2004, ch 17, § 164.
S.D. Codified Laws § 32-26-28 — SD Code / Title 32 / Chapter 26 / Section 32-26-28
Passing on right--Driving off pavement prohibited--Violation as misdemeanor
Status: in_force

The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event may such movement be made by driving off the pavement or main traveled portion of the roadway. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0312 as added by SL 1966, ch 131; SL 1968, ch 172; SL 1989, ch 255, § 168.
S.D. Codified Laws § 32-27-8 — SD Code / Title 32 / Chapter 27 / Section 32-27-8
Rights of blind persons not carrying cane or guided by dog--Contributory negligence
Status: in_force

Nothing contained in § 32-27-6 or 32-27-7 shall be construed to deprive any totally or partially blind or otherwise incapacitated person, not carrying such a cane or walking stick or not being guided by a dog, of the rights and privileges conferred by law upon pedestrians crossing streets or highways, nor shall the failure of such totally or partially blind or otherwise incapacitated person to carry a cane or walking stick, or to be guided by a guide dog upon the streets, highways, or sidewalks of this state, be held to constitute nor be evidence of contributory negligence.

Source: SL 1949, ch 176, § 3; SDC Supp 1960, § 44.03 18-1 .
S.D. Codified Laws § 32-3-18.2 — SD Code / Title 32 / Chapter 3 / Section 32-3-18.2
Administration fee--Out-of-state applicant--Exemptions--Deposit
Status: in_force

Any owner who chooses to title a motor vehicle, off-road vehicle, or snowmobile in South Dakota, but who does not have a South Dakota-issued driver license or identification card, or a physical address in South Dakota, shall pay a one-hundred-dollar fee in addition to the title application fee imposed by § 32-3-18 . For the purposes of this section, a physical address does not include a post office mailbox or a mail forwarding address. The additional fee does not apply to title correction transactions, duplicate title transactions, to an insurer taking title to a vehicle pursuant to the payment of a covered loss, a manufacturer taking title due to a manufacturer buy back, or a lienholder taking title due to a repossession.

Half of the fee must be deposited into the state motor vehicle fund and half must be deposited into the county general fund.

Source: SL 2024, ch 108, § 1; SL 2025, ch 115, § 1.
S.D. Codified Laws § 32-22-57.1 — SD Code / Title 32 / Chapter 22 / Section 32-22-57.1
Vehicle equipped with variable load axle to be equipped with pressure control device--Exception--Violation as misdemeanor
Status: in_force

Any motor vehicle registered in South Dakota which is equipped with a variable load axle or modified thereafter with a variable load axle shall be equipped with a pressure control device. The control for adjusting pressure shall be mounted outside of the driver compartment and shall be preset so the weight carried on the variable load axle may not be varied by anyone in the vehicle. The control for raising and lowering the variable load axle may be accessible to the driver, but it may not also function as the pressure control device. However, this section does not apply to a farm vehicle that is equipped with no more than three axles one of which is a variable load axle. A violation of this section is a Class 2 misdemeanor.

Source: SL 1986, ch 266, § 2; SL 1988, ch 264.
S.D. Codified Laws § 32-10-35 — SD Code / Title 32 / Chapter 10 / Section 32-10-35
Disposition of fees collected
Status: in_force

Fees collected by the secretary of revenue and not otherwise provided for shall be distributed as provided by this section. Fees collected under chapter 32-10 by the secretary of revenue pursuant to § 32-5B-1 shall be deposited in the state highway fund. Fees collected under chapter 32-10 by the secretary of revenue pursuant to chapter 32-9 shall be distributed with fifty-seven percent to the local government highway and bridge fund, forty-one and one-half percent to counties, one-half percent to the state motor vehicle fund, and one percent to the state license plate special revenue fund. The counties' portion shall be distributed among the counties, pro rata, twenty-five percent according to truck registrations, twenty-five percent according to population, and fifty percent according to total road mileage. Each county shall distribute fifty-four percent of its portion to the county road and bridge fund, thirty-four percent of its portion to the special highway fund as provided by subdivision 32-11-4.1 (2), and twelve percent of its portion to the municipalities of the county pursuant to subdivision 32-11-4.1 (3).

Source: SL 1985, ch 252, § 5; SL 1987, ch 225, § 4; SL 1991, ch 250; SL 1999, ch 59, § 10; SL 1999, ch 149, § 5; SL 2004, ch 17, § 126; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-24-9 — SD Code / Title 32 / Chapter 24 / Section 32-24-9
Definition of exhibition 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 in such a manner that creates or causes unnecessary engine noise, tire squeal, skid, or slide upon acceleration or stopping; that simulates a temporary race; or that causes the vehicle to unnecessarily turn abruptly or sway is guilty of exhibition driving. Exhibition driving is a Class 2 misdemeanor.

Source: SL 1984, ch 233, § 3; SL 1989, ch 256, § 22.
S.D. Codified Laws § 32-6B-39 — SD Code / Title 32 / Chapter 6B / Section 32-6B-39
Investigation of dealers--Authorized
Status: in_force

The department may investigate any dealer licensed under this chapter for the purpose of ascertaining any violation of this chapter or chapters 32-3 to 32-5 , inclusive. The investigation shall include an inspection of the principal place of business, supplemental lots, and any books, records, or files required by the department. An examination of titles and vehicles owned or offered for sale by the dealer shall also be conducted.

Source: SL 1986, ch 250, § 40; SL 2005, ch 160, § 1.
S.D. Codified Laws § 32-12-17.3 — SD Code / Title 32 / Chapter 12 / Section 32-12-17.3
Display or possession of canceled, fictitious or fraudulently altered nondriver identification card--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 his possession any canceled, fictitious or fraudulently altered nondriver identification card.

Source: SL 1991, ch 253, § 1.
S.D. Codified Laws § 32-7A-15 — SD Code / Title 32 / Chapter 7A / Section 32-7A-15
Used mobile or manufactured homes--Activities authorized by dealer or real estate license--Responsibilities of real estate licensee
Status: in_force

Any person licensed as a mobile home and manufactured home dealer under this chapter and any person licensed as a real estate salesperson or broker under chapter 36-21A , may buy, sell, offer to buy, solicit prospective purchasers of, solicit or obtain listings of, obtain listings of, or negotiate the purchase, sale or exchange of any mobile home or manufactured home which has been registered under the provisions of chapter 32-3 . Any licensed real estate salesperson or broker has the same responsibilities toward warranties, guarantees and other regulations, as may be required of mobile home and manufactured home dealers by local, state or federal regulatory agencies.

Source: SL 1984, ch 223, § 15; SL 1998, ch 184, § 1.
S.D. Codified Laws § 32-4-11 — SD Code / Title 32 / Chapter 4 / Section 32-4-11
Unauthorized possession of manufacturer's identification plate prohibited--Violation as felony
Status: in_force

No person may possess a manufacturer's vehicle identification number plate unless it is attached to the vehicle or vehicle part to which it was originally affixed by the manufacturer, nor may a person have any facsimile of such a plate.

This section does not prohibit possession of legitimate plates by persons:

(1) Whose possession is incident to a contract to supply them to a manufacturer of new motor vehicles or when the plates are in possession of a manufacturer of new vehicles or the manufacturer's employee who possesses them within the scope of his work;

(2) Who are authorized in writing by the secretary of revenue to possess the plates.

A violation of this section is a Class 6 felony.

Source: SL 1983, ch 230, § 10; SL 1989, ch 255, § 11.
S.D. Codified Laws § 32-40-21 — SD Code / Title 32 / Chapter 40 / Section 32-40-21
Insurer's right of contribution
Status: in_force

A motor vehicle insurer that defends or indemnifies a claim against a driver that is excluded under the terms of the insurer's policy, shall have a right of contribution against other insurers that provide motor vehicle insurance to the same driver in satisfaction of the coverage requirements of § 32-40-8 or 32-40-9 at the time of loss.

Source: SL 2016, ch 167, § 21.
S.D. Codified Laws § 32-3-51.16 — SD Code / Title 32 / Chapter 3 / Section 32-3-51.16
Information required on first and subsequent South Dakota titles for vehicles coming into state
Status: in_force

The department shall, in a conspicuous location, place on the first South Dakota title and all subsequent titles issued for any motor vehicle for which a certificate of title was issued by another state, the name of the previous state and any brand or notation indicated on the title by that state.

Source: SL 1992, ch 207, § 3; SL 2004, ch 201, § 1.
S.D. Codified Laws § 32-3-3.2 — SD Code / Title 32 / Chapter 3 / Section 32-3-3.2
Surrender of title on mobile or manufactured home--Request and application--Record--Liens
Status: in_force

An owner of a mobile or manufactured home fixed to real property owned by the applicant may request that the title to the home be surrendered if a title has been issued in accordance with § 32-3-3.1 and payment of the initial registration fee has been made in accordance with § 32-5-16.1 . A request shall be submitted on forms prescribed by the secretary. If the application and the request to surrender the statement of ownership are submitted simultaneously, the department shall only create an electronic record indicating ownership of the home and may not issue a paper title. The department may not notate any liens on a title if a paper title is not issued.

Source: SL 2005, ch 71, § 15.
S.D. Codified Laws § 32-17-47 — SD Code / Title 32 / Chapter 17 / Section 32-17-47
Flashing lights required on certain animal-drawn vehicles--Violation as misdemeanor
Status: in_force

Any animal-drawn vehicle operating on a highway during the period from a half hour after sunset to a half hour before sunrise and at any other time when there is not sufficient light to render the vehicle clearly discernible to any person on the highway at a distance of two hundred feet ahead, shall be equipped with a flashing amber light that is visible from the front of the vehicle and a red flashing light visible from the rear of the vehicle. The red flashing light shall have a minimum diameter of four inches with at least three square inches of surface. A violation of this section is a Class 2 misdemeanor.

Source: SL 2016, ch 164, § 1.
S.D. Codified Laws § 32-28-8.2 — SD Code / Title 32 / Chapter 28 / Section 32-28-8.2
Procedure when traffic lights malfunctioning
Status: in_force

If a traffic control signal is out of operation or is not functioning properly, the vehicle traffic facing a:

(1) Green signal may proceed with caution as indicated in § 32-28-2 ;

(2) Yellow signal may proceed with caution as indicated in § 32-28-3 ; and

(3) Red or completely unlighted signal stop shall stop in the same manner as if the vehicle is at a stop sign.

Source: SL 2000, ch 160, § 1.
S.D. Codified Laws § 32-12A-11.2 — SD Code / Title 32 / Chapter 12A / Section 32-12A-11.2
Driving skills test--Third party administration
Status: in_force

The department may authorize a third party to administer the skills test described in § 32-12A-11.1 , provided that the department and the third party comply with the requirements of 49 C.F.R. § 383.75 (January 1, 2026).

Source: SL 2026, ch 134, § 3.
S.D. Codified Laws § 32-12-72 — SD Code / Title 32 / Chapter 12 / Section 32-12-72
Allowing unauthorized person to use vehicle--Violation as misdemeanor
Status: in_force

No person may knowingly authorize or permit a motor vehicle owned by that person or under that person's control to be driven upon any highway by any person who is not authorized under this chapter or in violation of any of the provisions of this chapter. A violation of this section is a Class 2 misdemeanor.

Source: SL 1959, ch 261, § 31; SDC Supp 1960, § 44.03B28; SL 2001, ch 171, § 66.
S.D. Codified Laws § 32-40-3 — SD Code / Title 32 / Chapter 40 / Section 32-40-3
Criminal background, sex offender registry, and driving record checks of transportation network company drivers
Status: in_force

Before a transportation network company allows a person to act as a driver on the transportation network company digital network, the transportation network company shall conduct, or contract with a third party to conduct:

(1) A local and national criminal background check;

(2) A search of the national sex offender registry; and

(3) Obtain a copy of the person's driving record maintained under § 32-12-61 .

Source: SL 2016, ch 167, § 3.
S.D. Codified Laws § 32-28-4 — SD Code / Title 32 / Chapter 28 / Section 32-28-4
Meaning of steady red light or stop signal--Vehicular traffic--Right turn on red
Status: in_force

A steady red light alone or stop shall indicate that:

(1) Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until green or go is shown alone, except as hereinafter provided;

(2) The driver of any vehicle which is stopped as close as practicable at the entrance to the crosswalk and to the far right side of the roadway, then at the entrance to the intersection in obedience to a red or stop signal, may make a right turn but shall yield the right - of - way to any pedestrian and other traffic proceeding as directed by the signal at the intersection. This provision permitting a right turn after a stop when facing a steady red light alone or stop signal shall not be effective if any local ordinance prohibits such turn and if a sign is erected at such intersection giving notice thereof.

Source: SL 1963, ch 274, § 2 (3); SL 1976, ch 202.
S.D. Codified Laws § 32-6C-8 — SD Code / Title 32 / Chapter 6C / Section 32-6C-8
Use of dealer plates--Display--Transfer of plates--Violation as misdemeanor
Status: in_force

Any new snowmobile or used snowmobile owned by a licensed dealer, bearing dealer's "SD" license plates issued pursuant to § 32-6C-7 may be operated in this state. One license plate shall be displayed on each side of the snowmobile. The "SD" license plate is transferable by the dealer from one snowmobile owned by him to another snowmobile owned by him. Any violation of this section is a Class 1 misdemeanor.

Source: SL 1987, ch 223, § 8.
S.D. Codified Laws § 32-12A-63 — SD Code / Title 32 / Chapter 12A / Section 32-12A-63
Certified abstract of operating record--Driver record--Contents--Fees--Disposition--Exemption--Commercial learner's permittee or driver licensee
Status: in_force

The department shall furnish to any person, upon request, a certified abstract of the operating record for the previous three years of any individual subject to the provisions of chapter 32-35 . The abstract must list any motor vehicle accident in which the individual has been involved, the individual's medical certification status, and any conviction of the individual for a violation of any motor vehicle law as reported to the department. The department shall collect seven dollars for each abstract. The fee must be credited to the state motor vehicle fund. No governmental entity or subdivision is subject to this fee.

The department shall furnish, upon request and a payment of a fee of seven dollars, full information regarding the driver record for the previous three years of an individual who has been issued a commercial learner's permit or commercial driver license, to an employer or to a prospective employer, if the individual has given written consent to the employer or prospective employer to obtain this information. The department shall furnish this same information regarding the driver record to the driver upon the payment of a fee of seven dollars. The information must include the individual's medical certification status, any disqualification, and any other licensing action for a violation of any state or local law relating to motor vehicle traffic control, other than a parking violation committed in any type of vehicle. The fee must be credited to the state motor vehicle fund. No governmental entity or subdivision is subject to this fee.

Source: SL 2005, ch 167, § 4, eff. Sept. 30, 2005; SL 2009, ch 152, § 7; SL 2011, ch 144, § 16; SL 2015, ch 168, § 42; SL 2025, ch 120, § 6.
S.D. Codified Laws § 32-26-25 — SD Code / Title 32 / Chapter 26 / Section 32-26-25
U-turn prohibited in no-passing zone or where unsafe--Violation as misdemeanor
Status: in_force

No vehicle, within a no - passing zone that is designated and marked in accord with § 32-26-38 , may be turned so as to proceed in the opposite direction, nor may any such turning movement be otherwise made unless it can be made in safety and without interfering with other traffic. A violation of this section is a Class 2 misdemeanor.

Source: SL 1967, ch 216; SL 1975, ch 209; SL 1989, ch 255, § 165.
S.D. Codified Laws § 32-35-72 — SD Code / Title 32 / Chapter 35 / Section 32-35-72
Contents of policies
Status: in_force

A motor vehicle liability policy as defined in § 32-35-68 shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the policy period, and the limits of liability, and shall contain an agreement or be endorsed that insurance is provided thereunder in accordance with the coverage defined in this chapter as respects bodily injury and death or property damage, or both, and is subject to all the provisions of this chapter.

Source: SL 1957, ch 212, § 51; SDC Supp 1960, § 44.03A51 (4).
S.D. Codified Laws § 32-28-22 — SD Code / Title 32 / Chapter 28 / Section 32-28-22
Restriction on providing information to impose or collect civil fine for violation captured by red light or speed camera pursuant to interstate compact
Status: in_force

The Department of Public Safety and the Division of Motor Vehicles shall not provide information used to impose or collect a civil fine that results from a violation captured by a red light camera or speed camera through any existing interstate compact that does not specifically allow, or require, information to be shared for that explicit purpose.

Source: SL 2014, ch 155, § 3.
S.D. Codified Laws § 32-12-48 — SD Code / Title 32 / Chapter 12 / Section 32-12-48
Revocation period for driving under the influence--Reinstatement application and fee--Investigation--Restrictions imposed by court
Status: in_force

If a defendant is convicted under § 32-23-2 , 32-23-3 , 32-23-4 , 32-23-4.6 , 32-23-4.7 , or 32-23-4.9 , the period of revocation begins on the date ordered by the court or on the date specified in the notice from the department, whichever date is earlier. At the conclusion of the period of revocation ordered by the court, and if future proof is filed with the Department of Public Safety as required by chapter 32-35 , the defendant may submit an application to reinstate the defendant's driver license, accompanied by the following applicable fee:

(1) If revocation of the license was a result of a conviction under § 32-23-2 , one hundred dollars;

(2) If revocation of the license was a result of a conviction under § 32-23-3 , one hundred fifty dollars; and

(3) If revocation of the license was a result of a conviction under § 32-23-4 , 32-23-4.6 , or 32-23-4.7 , two hundred dollars.

The department may issue a driver license to the defendant, if, after an investigation of the character, habits, and driving ability of the defendant, the department is satisfied it is safe to grant the privilege of driving a motor vehicle to the defendant. A driver license issued under the provisions of this section must show the restrictions, if any, imposed by the court and the date when the restrictions expire.

Source: SDC Supp 1960, § 44.03B23 (3) as added by SL 1963, ch 270; SL 1973, ch 195, § 8; SL 1983, ch 245, § 1; SL 2001, ch 171, § 47; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2009, ch 152, § 5; SL 2017, ch 135, § 2; SL 2025, ch 120, § 3.
S.D. Codified Laws § 32-5-178 — SD Code / Title 32 / Chapter 5 / Section 32-5-178
Emblem specialty plates--Administration--Fees--Violation as misdemeanor
Status: in_force

Upon approval of an application and design for an emblem, the department may furnish the emblems to the entity or authorize the entity to produce the entity's approved emblem. If the department furnishes the emblem, the entity shall purchase no fewer than one hundred sets of emblems and the entity shall reimburse the department for the cost of the emblems plus a fifteen percent administration fee. The entity shall establish criteria for an emblem specialty plate owner to qualify for the entity's emblem and the fee to be charged for the entity's emblem. The entity is responsible for the administration of the entity's emblem.

No emblems other than those authorized and approved by the department are permitted on emblem specialty license plates. Misuse of the emblems or use of unauthorized emblems is a Class 2 misdemeanor.

Source: SL 2014, ch 143, § 12; SL 2020, ch 133, § 1.
S.D. Codified Laws § 32-28-17 — SD Code / Title 32 / Chapter 28 / Section 32-28-17
Photo monitoring devices to detect red light violations prohibited
Status: in_force

No state, county, municipal, or township authority may contract with any private corporation to provide for the use of any photo monitoring device to detect any red light violation.

Source: SL 2014, ch 154, § 1.
S.D. Codified Laws § 32-5-196 — SD Code / Title 32 / Chapter 5 / Section 32-5-196
Habitat conservation specialty plates--Design
Status: in_force

The habitat conservation specialty plate must be designed by the Department of Game, Fish and Parks and approved by the secretary of the Department of Revenue. The specialty plates must be reflectorized and designed to have a habitat conservation emblem placed on the plate. The habitat conservation emblem must also be designed by the Department of Game, Fish and Parks and approved by the secretary of the Department of Revenue. Habitat conservation specialty plates must be reissued on a three-year cycle. Any change to the design of these specialty plates must be implemented during the next plate reissue cycle.

Source: SL 2024, ch 113, § 3, eff. Mar. 1, 2025.
S.D. Codified Laws § 32-38-1 — SD Code / Title 32 / Chapter 38 / Section 32-38-1
Use required--Public highways--Front seat passenger
Status: in_force

Except as provided in chapter 32-37 and § 32-38-3 , every operator and front seat passenger of a passenger vehicle operated on a public highway in this state shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the passenger vehicle when manufactured pursuant to Federal Motor Vehicle Safety Standard Number 208 (49 C.F.R. 571.208) in effect January 1, 1989, at all times when the vehicle is in forward motion. The driver of the passenger vehicle shall secure or cause to be secured a properly adjusted and fastened safety seat belt system on any passenger in the front seat who is at least five years of age but younger than eighteen years of age. Any violation of this section is not a moving traffic offense under the provisions of § 32-12-49.1 .

Source: SL 1994, ch 266, § 1.
S.D. Codified Laws § 32-6E-6 — SD Code / Title 32 / Chapter 6E / Section 32-6E-6
Nonconsiderations for termination of franchises or additional same line/make franchises
Status: in_force

The following circumstances are not cause for the termination or noncontinuance of a franchise, nor for entering into a franchise for the establishment of an additional dealership in a community for the same line/make:

(1) The change of executive management or ownership by the franchisee, unless the franchisor can show that the change would be detrimental to the representation or reputation of the franchisor's product;

(2) Refusal by the franchisee to purchase or accept delivery of any snowmobiles, parts, accessories, or any other commodity or service not ordered by said franchisee;

(3) The sole fact that franchisor desires further penetration of the market;

(4) The fact that the franchisee owns, has an investment in, participates in the management of, or hold a franchise for the sale of another line/make of snowmobile, or that the franchisee has established another line/make of snowmobiles in the same dealership facilities as those of the franchisor, if the franchisee maintains a reasonable line of credit for each line/make of snowmobile; or

(5) Refusal by the dealer to participate in any advertising campaign or contest or purchase any promotional materials, display devices, or display decoration or materials which are at the expense of the dealer.

Source: SL 1994, ch 248, § 6.
S.D. Codified Laws § 32-6B-4.1 — SD Code / Title 32 / Chapter 6B / Section 32-6B-4.1
Brokering prohibited--Violation as misdemeanor
Status: in_force

No person may act as, offer to act as, or hold himself or herself out to be a broker. A violation of this section is a Class 2 misdemeanor.

Source: SL 2000, ch 147, § 2.
S.D. Codified Laws § 32-5-47.1 — SD Code / Title 32 / Chapter 5 / Section 32-5-47.1
Military personnel, domestic volunteers, and dependents as nonresidents
Status: in_force

A nonresident within the meaning of § 32-5-46 shall include any nonresident who is stationed in this state while in the military service of the United States or who is assigned in this state under the Domestic Volunteer Service Act of 1973 and any dependent of such nonresident.

Source: SL 1975, ch 200, § 1; SL 1982, ch 18, § 13.
S.D. Codified Laws § 32-33-18 — SD Code / Title 32 / Chapter 33 / Section 32-33-18
Failure to stop at the signal of law enforcement officer as misdemeanor
Status: in_force

Any driver of a vehicle who intentionally fails or refuses to bring a vehicle to a stop, when given visual or audible signal to bring the vehicle to a stop, is guilty of failure to stop at the signal of a law enforcement officer. The signal given by the law enforcement officer may be by hand, voice, emergency light, or siren. The officer giving the signal shall be in uniform, prominently displaying a badge of office, and the vehicle shall be appropriately marked showing it to be an official law enforcement vehicle.

Failure to stop at the signal of a law enforcement officer is a Class 2 misdemeanor. In addition, the court may order that the defendant's driver's license be revoked for up to one year, but may issue an order, upon proof of financial responsibility pursuant to § 32-35-43.1 , allowing the defendant to operate a vehicle for purposes of the defendant's employment, attendance at school, or counseling programs.

Source: SL 1970, ch 175, § 34, § 1; SL 1997, ch 195, § 1; SL 2001, ch 173, § 3; SL 2006, ch 171, § 1.
S.D. Codified Laws § 32-20B-1 — SD Code / Title 32 / Chapter 20B / Section 32-20B-1
Identifying number required on bicycle sold at retail--Violation as misdemeanor
Status: in_force

A person engaged in the business of selling bicycles at retail may not sell any bicycle unless the bicycle has an identifying number permanently stamped or cast on its frame. A violation of this section is a Class 2 misdemeanor.

Source: SL 1982, ch 226, § 7.
S.D. Codified Laws § 32-3-28 — SD Code / Title 32 / Chapter 3 / Section 32-3-28
Issuance of certificate in paper or electronic form--Notation of liens
Status: in_force

The secretary shall issue the certificate of title in paper form or electronic form. If there is no lien noted on the certificate of title or a paper copy is requested pursuant to § 32-3-70 , the secretary shall sign the original certificate of title, deliver the paper copy certificate to the owner named on the title, or as otherwise directed by the owner postage prepaid, and maintain an electronic copy for record keeping. If there are one or more liens on the motor vehicle, trailer, or semitrailer, the secretary shall properly note each lien in the order of priority on the certificate of title which shall be maintained electronically until each lien is released. A secured party, if any, may obtain electronic confirmation of the party's security interest as filed and noted on the certificate of title.

Source: SDC 1939, § 44.0202; SL 1951, ch 229, § 2; SDC Supp 1960, § 44.0202 (9); SL 1963, ch 252; SL 1965, ch 186, § 2; SL 1989, ch 257, § 29; SL 1990, ch 229, § 2; SL 2003, ch 160, § 1; SL 2018, ch 174, § 1.
S.D. Codified Laws § 32-5-76.2 — SD Code / Title 32 / Chapter 5 / Section 32-5-76.2
Portable certificates for nonprofit organizations, hospitals, local government entities, etc.--Application--Rules--Surrendering certificate--Violations as misdemeanors
Status: in_force

Any nonprofit organization, licensed hospital, retirement home, or educational institution which has under its care or responsibility persons with physical disabilities, which transports persons with physical disabilities, and which has complied with all laws of this state in obtaining title, license plates, and registration for its motor vehicles may apply for a portable serially numbered certificate which permits the operator of a vehicle transporting the person with a disability to park pursuant to § 32-30-11.1 . However, the vehicle may only park for the time reasonably necessary to load or unload passengers in any space reserved for person with a disability. In addition, any local government entity that owns a vehicle used to transport persons with disabilities may apply for the portable certificate. The application shall be made on a form approved by the secretary. If the department determines that the applicant transports persons with disabilities, the secretary shall issue and deliver a portable certificate to the applicant. The secretary may promulgate rules pursuant to chapter 1-26 regarding the application for, term of, and conditions under which the certificate may be issued. If the applicant no longer transports persons with physical disabilities, the applicant shall surrender the certificate to the department within thirty days. Failure to surrender the portable certificate as required by this section is a Class 2 misdemeanor. It is a Class 1 misdemeanor to submit a false or fraudulent application or to alter the portable certificate.

Source: SL 1988, ch 236, § 29; SL 1989, ch 257, § 73; SL 1997, ch 179, § 5; SL 2002, ch 149, § 3.
S.D. Codified Laws § 32-5-8.1 — SD Code / Title 32 / Chapter 5 / Section 32-5-8.1
Identification plate required for certain trailers or semitrailers--Display--Fee--Transfer of title
Status: in_force

Each trailer or semitrailer pulled by a noncommercial motor vehicle on which the license fees were paid pursuant to § 32-5-6.3 shall have an identification plate displayed in a conspicuous manner. The fee for the identification plate is ten dollars. The identification plate is valid for the useful life of the trailer or semitrailer. However, if the title to the trailer or semitrailer is transferred, the new owner shall within forty-five days of the date of transfer make application to the department for a new identification plate. All revenue raised by the fees shall be placed in the license plate special revenue fund. However, no identification plate may be displayed on a recreational vehicle as defined in § 32-3-1 . A recreational vehicle shall be licensed pursuant to § 32-5-8 .

Source: SL 1991, ch 239, § 6; SL 1999, ch 59, § 7; SL 2016, ch 154, § 3.
S.D. Codified Laws § 32-35-84 — SD Code / Title 32 / Chapter 35 / Section 32-35-84
Bond as lien on surety's property--Extent of lien--Recording of notice
Status: in_force

A bond filed pursuant to § 32-35-83 shall constitute a lien in favor of the state upon the real estate so scheduled of any surety, which lien shall exist in favor of any holder of a final judgment against the person who has filed such bond, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damage because of injury to or destruction of property, including the loss of use thereof, resulting from the ownership, maintenance, use, or operation of a vehicle subject to registration under the laws of this state after such bond was filed, upon the recording of a notice signed by the Department of Public Safety to that effect in the Office of the Register of Deeds of the county in which the real estate so scheduled shall be located.

Source: SL 1957, ch 212, § 55; SDC Supp 1960, § 44.03A55; SL 2004, ch 17, § 169.
S.D. Codified Laws § 32-12A-2 — SD Code / Title 32 / Chapter 12A / Section 32-12A-2
Construction of this chapter with general driver licensing provisions
Status: in_force

To the extent that this chapter conflicts with the general driver licensing provisions of chapter 32-12 , chapter 32-12A prevails. Where this chapter is silent, the general driver licensing provisions of chapter 32-12 apply.

Source: SL 1989, ch 267, § 1A; SDCL § 32-12-78; SL 2001, ch 171, §§ 72, 115; SL 2015, ch 168, § 2.
S.D. Codified Laws § 32-22-12.2 — SD Code / Title 32 / Chapter 22 / Section 32-22-12.2
Exception for combination of towing motor vehicle or farm tractor and two anhydrous ammonia fertilizer tanks
Status: in_force

The provisions of §§ 32-22-9 to 32-22-12.1 , inclusive, do not apply to a combination of vehicles consisting of a towing motor vehicle or farm tractor and two anhydrous ammonia fertilizer tank trailers. The vehicles in such a combination may not exceed a total length of seventy feet, may travel on public highways only during daylight hours, may not travel in excess of twenty - five miles per hour on any public highway, and each trailer shall display a slow - moving vehicle sign. The towing motor vehicle in such a combination may not have less than an eleven thousand pound gross vehicle weight rating. A violation of this section is a Class 2 misdemeanor.

Source: SL 1997, ch 193, § 1; SL 1998, ch 191, § 1.
S.D. Codified Laws § 32-12-34 — SD Code / Title 32 / Chapter 12 / Section 32-12-34
Unlicensable persons--Failure to deposit proof of financial responsibility
Status: in_force

The Department of Public Safety shall not issue any license under this chapter to any person who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited such proof.

Source: SL 1955, ch 187, § 8; SL 1959, ch 261, § 3; SDC Supp 1960, § 44.03B03 (6); SL 2003, ch 272, § 23.
S.D. Codified Laws § 32-3-66 — SD Code / Title 32 / Chapter 3 / Section 32-3-66
Certain motor home transport uses not deemed private business uses
Status: in_force

For the purposes of this chapter, if a motor home is used to transport a motor vehicle, boat, or animal to a race, tournament, show, or similar event, the motor home is not deemed to be engaged in a private business use if:

(1) Any prize money received from participating in such an activity is declared as ordinary income for tax purposes;

(2) The cost of participating in such an activity is not deducted as a business expense for tax purposes; and

(3) No corporate sponsorship exceeding two thousand dollars in any one calendar year is involved in participating in such an activity.

Source: SL 2003, ch 163, § 2.
S.D. Codified Laws § 32-3A-13 — SD Code / Title 32 / Chapter 3A / Section 32-3A-13
Expiration and renewal of registration and validation decals
Status: in_force

Each registration and validation decal shall expire on the last day of the month of the year for which it was issued. The boat shall be registered in the same manner as motor vehicles pursuant to §§ 32-5-2.2 and 32-5-2.6 . The registration may be renewed by the owner and new validation decals obtained as provided in § 32-3A-4 .

Source: SL 1959, ch 125, § 4; SDC Supp 1960, § 25.1404 (7); SL 1963, ch 143, § 2; SL 1984, ch 279, § 12; SL 1993, ch 322, § 13; SDCL § 42-8-16; SL 1998, ch 74, § 11; SL 2004, ch 202, § 2; SL 2008, ch 151, § 2.
S.D. Codified Laws § 32-5-16.8 — SD Code / Title 32 / Chapter 5 / Section 32-5-16.8
Single party not to be assessed multiple penalties
Status: in_force

For the purposes of §§ 32-5-16.6 and 32-5-16.7 , if the owner, lender, licensed dealer, or transporter are the same party the department may not assess multiple monetary penalties for any one violation.

Source: SL 2002, ch 148, § 3; SL 2005, ch 71, § 10.
S.D. Codified Laws § 32-6B-5.3 — SD Code / Title 32 / Chapter 6B / Section 32-6B-5.3
Permit for dealer licensed in another state to sell trailers at event
Status: in_force

A person who is a licensed dealer in another state may sell trailers at an event without a license issued under this chapter if the person meets the provisions of this section. Before selling any trailer, the person shall register and purchase a permit from the department. Before the department may issue a permit, the person shall provide proof the person is a licensed dealer in another state and has no outstanding dealer violations. The permit may only be issued if the trailer make being sold is not franchised in this state unless the person obtains a written waiver from any similar franchise dealer in this state. The person shall present the waiver to the department at the time the person applies for the permit. The fee for the permit is five hundred dollars. However, if the permit is purchased before the start of the event, the fee for the permit is two hundred fifty dollars. The permit is valid for fifteen consecutive days. Regardless of whether or not there is a franchise in this state, any person may display a trailer at an event. Any person found to be in violation of the provisions of this section shall be denied a permit for a period of fifteen months from the date of the violation.

Source: SL 2019, ch 130, § 8.
S.D. Codified Laws § 32-4-16 — SD Code / Title 32 / Chapter 4 / Section 32-4-16
Giving false information concerning vehicle registration or titling as felony
Status: in_force

Any person who knowingly gives false, fraudulent, or erroneous information in connection with an application for the registration or titling of a vehicle or any application for assignment of a vehicle identification number or replacement documents or gives such information in connection with a review of such applications or falsely certifies the truthfulness and accuracy of information supplied in connection with the registration and when required, titling of a vehicle, is guilty of a Class 6 felony.

Source: SL 1983, ch 230, § 15.
S.D. Codified Laws § 32-37-1.2 — SD Code / Title 32 / Chapter 37 / Section 32-37-1.2
Certain operators required to wear seat belts
Status: in_force

Any operator of any passenger vehicle operated on a public street or highway in this state, who is at least fourteen years of age and under eighteen years of age, shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the passenger vehicle if manufactured pursuant to Federal Motor Vehicle Safety Standard Number 208 (49 C.F.R. 571.208) in effect January 1, 1989, at all times when the vehicle is in motion. A violation of this section is a petty offense.

Source: SL 2001, ch 179, § 2.
S.D. Codified Laws § 32-5B-1.4 — SD Code / Title 32 / Chapter 5B / Section 32-5B-1.4
Licensing and payment of excise tax on new vehicle by dealer
Status: in_force

A licensed motor vehicle dealer who sells new motor vehicles and has a franchise for that particular motor vehicle may license a new motor vehicle which is part of the dealer's inventory. If the dealer licenses the motor vehicle, the dealer shall title the motor vehicle and pay the excise tax imposed pursuant to § 32-5B-1 on the actual purchase price of the motor vehicle.

Source: SL 1987, ch 219, § 2; SL 1988, ch 236, § 22; SL 2015, ch 165, § 6, eff. Apr. 1, 2015; SL 2017, ch 132, § 1.
S.D. Codified Laws § 32-5-8.2 — SD Code / Title 32 / Chapter 5 / Section 32-5-8.2
Trailers or semitrailers with identification plates may only be pulled by certain motor vehicles--Violation as misdemeanor
Status: in_force

A trailer or semitrailer licensed with an identification plate pursuant to § 32-5-8.1 may only be pulled by a noncommercial motor vehicle licensed pursuant to § 32-5-6.3 or a commercially licensed motor vehicle except as provided by § 32-5-8.3 . Any violation of this section is a Class 2 misdemeanor.

Source: SL 1991, ch 239, § 7.
S.D. Codified Laws § 32-31-2 — SD Code / Title 32 / Chapter 31 / Section 32-31-2
Particular regulations which may be disregarded
Status: in_force

The driver of an authorized emergency vehicle may:

(1) Park or stand, irrespective of the provisions of chapter 32-30 ;

(2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;

(3) Disregard regulations governing direction of movement or turning in specified directions.

Source: SDC 1939, § 44.0308 as added by SL 1967, ch 191.
S.D. Codified Laws § 32-7A-8.1 — SD Code / Title 32 / Chapter 7A / Section 32-7A-8.1
Increase in dealer bond amount--Implementation
Status: in_force

To implement any increase in the amount of a dealer bond, a dealer, upon renewal of a bond or upon annual renewal of a dealer license, whichever comes first, shall deliver to the department an original bond or a bond rider that is issued by the surety company showing the new bond amount.

Source: SL 2004, ch 207, § 7.
S.D. Codified Laws § 32-12-36 — SD Code / Title 32 / Chapter 12 / Section 32-12-36
Issuance of restricted license
Status: in_force

The Department of Public Safety upon issuing a driver license may impose restrictions suitable to the licensee's driving ability with respect to the type of or special mechanical control devices required on a motor vehicle which the licensee may operate or such other restrictions applicable to the licensee as the department may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee.

Source: SL 1959, ch 261, § 12; SDC Supp 1960, § 44.03B12 (1); SL 1998, ch 186, § 5; SL 2001, ch 171, § 32; SL 2003, ch 272, § 23.
S.D. Codified Laws § 32-5-176 — SD Code / Title 32 / Chapter 5 / Section 32-5-176
General requirements for emblem specialty plates
Status: in_force

Any entity applying for an emblem to be used on an emblem specialty plate listed in § 32-5-167 shall meet the following general requirements:

(1) The primary activity or interest of the entity serves the community, contributes to the welfare of others, and is not offensive or discriminatory in its purpose, nature, activity, or name;

(2) The name and purpose of the entity does not promote any specific product or brand name that is provided for sale;

(3) The emblem of the entity does not promote a specific religion, faith, or anti-religious belief; and

(4) The application pursuant to § 32-5-175 and the emblem design must be approved by the department.

Source: SL 2014, ch 143, § 10.
S.D. Codified Laws § 32-6B-2 — SD Code / Title 32 / Chapter 6B / Section 32-6B-2
Principal place of business defined
Status: in_force

For purposes of this chapter, the term, principal place of business, means an enclosed commercial structure located within this state, easily accessible and open to the public at least twenty hours per week between the hours of 8:00 a.m. to 8:00 p.m., inclusive, with an improved display area immediately adjoining the building that is large enough to display five or more vehicles of the type the dealer is licensed to sell. It is the location at which the business of a vehicle dealer may be lawfully carried on in accordance with all applicable building codes, zoning, and other land use ordinances. Each licensed dealer shall maintain an enclosed permanent office on the location. Each office shall be adequately heated and lighted. The hours of operation of the office and an operating phone number shall be clearly posted at or near the main entrance to the office. Each location shall display an exterior sign that contains the name of the business and that is permanently affixed to the land or building. The exterior sign shall be clearly legible from the public right-of-way serving the location. It is the location where the books, records, and files necessary to conduct the business of the dealer are kept and maintained. In no event may rooms in a hotel, motel, apartment house, or any part of any single or multiple unit dwelling house be considered a principal place of business unless the entire ground floor of the facility is devoted principally to and occupied for commercial purposes. Any dealer licensed under this chapter shall maintain and continuously occupy a principal place of business. However, an emergency vehicle dealer is exempt from the requirement of having its principal place of business in South Dakota.

Source: SL 1986, ch 250, § 2; SL 1990, ch 239, § 1; SL 1998, ch 175, § 2; SL 2019, ch 130, § 6.
S.D. Codified Laws § 32-5-2.11 — SD Code / Title 32 / Chapter 5 / Section 32-5-2.11
Fee for reassignment of license plate
Status: in_force

A five dollar fee shall be assessed for any reassignment of a license plate or set of plates.

Source: SL 2009, ch 150, § 2.
S.D. Codified Laws § 32-6B-51 — SD Code / Title 32 / Chapter 6B / Section 32-6B-51
Copies of notice to be sent to franchisees and other interested persons
Status: in_force

Upon receiving a notice of intention seeking to establish an additional franchise of the same line-make in a particular community, a copy of the notice shall be sent within five days of receipt to all franchisees in the community who are engaged in the business of offering to sell or selling the same line-make. The department may also give a copy of the franchisor's notice to any other party which it considers interested persons.

Source: SL 1986, ch 250, § 52; SL 2010, ch 156, § 9, eff. Mar. 9, 2010.
S.D. Codified Laws § 32-5-77.2 — SD Code / Title 32 / Chapter 5 / Section 32-5-77.2
Display of original number plates on historical vehicles
Status: in_force

A motor vehicle registered pursuant to § 32-5-77 may, in lieu of being issued number plates by the secretary, display original South Dakota number plates issued in the same year as the model year of the motor vehicle on which they are displayed. The number of the original plates and a color photograph of the original plates shall be provided to the secretary. The original plates must be in good condition and shall be used in pairs on a motor vehicle other than a motorcycle with one displayed in the front of the motor vehicle and one in the rear. However, a single original South Dakota number plate may be displayed on a motorcycle or on a motor vehicle if the model year of the motor vehicle is a year in which only single license plates were issued by the state, including 1945, 1946, 1947, 1948, 1952, or 1953. If a single original number plate is permitted, it shall be securely fastened to the rear of the historical motor vehicle in a horizontal and upright position. Original South Dakota number plates may not be used if the number on the original plate is identical to a number on any other plate in a numbering system used by the secretary. Any person using plates issued pursuant to § 32-5-77 shall return those plates to the secretary before substituting original plates. The secretary shall charge a ten dollar fee for registering the number on the original plates. Fees collected under the provisions of this section shall be credited to the state motor vehicle fund.

Source: SL 1990, ch 236; SL 2018, ch 180, § 2.
S.D. Codified Laws § 32-32-6 — SD Code / Title 32 / Chapter 32 / Section 32-32-6
Amber or red signal--Motorist duty to slow or stop--Exception--Penalty
Status: in_force

The operator of a motor vehicle on a highway that has less than two lanes of travel in each direction, or on a private road, when approaching a school bus that has its amber warning lights flashing, shall reduce the speed of the vehicle to fifteen miles per hour or less and proceed past the school bus with caution. The operator of a motor vehicle approaching a school bus that has its red signal lights flashing shall make a complete stop. The stopped vehicle must be at least fifteen feet from the school bus and must remain stopped until the flashing red signal lights are extinguished. A lane that is designated solely for the purpose of turning is not considered a lane of travel for purposes of this section.

The operator of a motor vehicle on a highway providing two or more lanes of travel in each direction does not need to reduce the speed of the vehicle when approaching a school bus that is traveling in the opposite direction if the school bus has its amber warning lights flashing. The operator of a motor vehicle on a highway providing two or more lanes of travel in each direction does not need to stop when approaching a school bus that is traveling in the opposite direction even though the school bus is stopped and has its red signal lights flashing.

The operator of a motor vehicle on a highway providing two or more lanes of travel in each direction, when approaching a school bus that is traveling in the same direction and has its amber warning lights flashing, shall reduce the speed of the vehicle to fifteen miles per hour or less and proceed past the school bus with caution. The operator of a motor vehicle on a highway providing two or more lanes of travel in each direction must make a complete stop when approaching a school bus traveling in the same direction if the school bus is stopped and its red signal lights are flashing.

A violation of this section is a Class 1 misdemeanor.

Source: SL 1963, ch 255, §§ 2, 3; SDCL § 32-32-5; SL 1970, ch 175, § 33; SL 1974, ch 228, § 2; SL 1975, ch 211, § 2; SL 1982, ch 250; SL 1989, ch 255, § 219; SL 1989, ch 277; SL 2017, ch 144, § 1; SL 2025, ch 131, § 1.
S.D. Codified Laws § 32-14-8 — SD Code / Title 32 / Chapter 14 / Section 32-14-8
Road construction vehicles excepted--Traveling to and from road work
Status: in_force

The provisions of chapters 32-14 to 32-19 , inclusive, 32-22 and of 32-26 to 32-32 , inclusive, do not apply to persons, teams, motor vehicles, and other equipment while actually engaged in work upon the surface of a highway, but shall apply to such persons and vehicles when traveling to or from such work.

Source: SDC 1939, § 44.0333; SL 1989, ch 256, § 12.
S.D. Codified Laws § 32-26-21.5 — SD Code / Title 32 / Chapter 26 / Section 32-26-21.5
Motorized foot scooter--Exempt from certain vehicle requirements
Status: in_force

A motorized foot scooter is exempt from the provisions of chapters 32-3 , 32-5 , 32-5 A, 32-5 B, 32-6B , 32-14 , 32-15 , 32-20 , 32-3 5, 32-3 7, and 37-5 .

Source: SL 2021, ch 137, § 3; SL 2022, ch 101, § 3, eff. Mar. 16, 2022.
S.D. Codified Laws § 32-3-38 — SD Code / Title 32 / Chapter 3 / Section 32-3-38
Holder of security interest entitled to have notation of lien made by treasurer--Notification to department--Notation on instrument and certificate of title
Status: in_force

The holder of a mortgage, trust receipt, conditional sales contract, mechanic's lien, or similar instrument, upon presentation of the certificate of title to the office of the titled owner's county treasurer, together with the fee prescribed by this chapter, may have a notation of the lien made on the certificate of title. The treasurer shall enter the notation and the date thereof over the signature of the officer or deputy and the seal of office. The treasurer on that day shall notify the department. The department shall note the lien on the state's computer system, if the county treasurer has not done so.

Source: SDC 1939, § 44.0203 (1) as added by SL 1951, ch 229, § 3; SL 1965, ch 186, § 3; SL 1989, ch 257, § 38; SL 1993, ch 219, § 3; SL 1998, ch 171, § 6; SL 2003, ch 160, § 4.
S.D. Codified Laws § 32-26-7 — SD Code / Title 32 / Chapter 26 / Section 32-26-7
Three-lane highways--Overtaking and passing--Violation as misdemeanor
Status: in_force

Upon a roadway which is divided into three lanes, a vehicle may not be driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and such center lane is clear of left turn or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is marked or signposted to give notice of such allocation. A violation of this section is a Class 2 misdemeanor.

Source: SL 1961, ch 150, § 1 (2); SL 1989, ch 255, § 146.
S.D. Codified Laws § 32-4-9 — SD Code / Title 32 / Chapter 4 / Section 32-4-9
Alteration or removal of vehicle identification number prohibited--Violation as felony
Status: in_force

No person may intentionally remove, deface, alter, destroy, cover, or obscure any vehicle identification number or other distinguishing number of a motor vehicle or trailer or any part thereof in this state, without written authorization from the Department of Revenue, nor may any person place or stamp in place of the original manufacturer's serial, motor, or other number or mark upon a vehicle, any number except one assigned by the department under the provisions of chapter 32-3 or authorized agency of another state. A violation of this section is a Class 6 felony.

Source: SL 1983, ch 230, § 8; SL 1989, ch 255, § 9; SL 2004, ch 17, § 47; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-26-16 — SD Code / Title 32 / Chapter 26 / Section 32-26-16
Highway equipment and personnel as having right-of-way--Use of left-hand side of highway--Display of light--Reasonable room for traffic--Violation as misdemeanor
Status: in_force

Highway equipment and personnel in the performance of their duties of maintaining the highway shall have the preference of right - of - way and shall be permitted to drive upon the left - hand side of the traveled portion of the highway for the purpose of dumping materials, for repairing the highway, and also for smoothing the road surface.

Highway equipment shall, at all times, display a flashing or revolving light to warn the traveling public. However, highway equipment may not indiscriminately block the traffic, but shall allow reasonable room on the traveled portion of the highway for other vehicles to pass. The equipment may not be bound by the provisions of this chapter to turn to the right when meeting other vehicles or allowing them to pass when work requires such equipment to remain on the other side of the traveled portion of the highway. The equipment is subject to the laws of travel as provided in this chapter, unless the performance of maintenance work requires otherwise. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0319; SL 1945, ch 189; SL 1976, ch 201; SL 1987, ch 210, § 36; SL 1989, ch 255, § 153.
S.D. Codified Laws § 32-5-1.4 — SD Code / Title 32 / Chapter 5 / Section 32-5-1.4
All-terrain vehicles used in agriculture exempt
Status: in_force

Any three - wheeled or four - wheeled all - terrain vehicle using a highway ditch or crossing a highway to get to and from a field or pasture and being used in the course of farm or ranch labor is exempt from the provisions of this chapter.

Source: SL 1985, ch 242.
S.D. Codified Laws § 32-3A-18 — SD Code / Title 32 / Chapter 3A / Section 32-3A-18
Classification of boats for equipment purposes
Status: in_force

Boats subject to the provisions of this chapter are divided into four classes as follows:

Class A. Less than sixteen feet in length.

Class 1. Sixteen feet or over and less than twenty - six feet in length.

Class 2. Twenty - six feet or over and less than forty feet in length.

Class 3. Forty feet or over.

Source: SL 1959, ch 125, § 5; SDC Supp 1960, § 25.1405 (1); SL 1984, ch 279, § 17; SDCL 42-8-23 .
S.D. Codified Laws § 32-23-2.1 — SD Code / Title 32 / Chapter 23 / Section 32-23-2.1
Evaluation of certain persons convicted of first offense driving while intoxicated--Costs
Status: in_force

Any person convicted of a first offense pursuant to § 32-23-1 with a 0.17 percent or more by weight of alcohol in the person's blood shall, in addition to the penalties provided in § 32-23-2 , be required to undergo a court-ordered evaluation by an addiction counselor licensed or certified by the Board of Addiction and Prevention Professionals pursuant to § 36-34-13.1 or a licensed or certified health care professional with specialized training in chemical dependency evaluation to determine if the defendant is chemically dependent. The cost of such evaluation shall be paid by the defendant. The recommendations of the evaluation shall be provided to the referring judge.

Source: SL 1991, ch 262; SDCL § 32-33-23 ; SL 2006, ch 168, § 5; SL 2007, ch 184, § 1; SL 2016, ch 15, § 23.
S.D. Codified Laws § 32-22-59 — SD Code / Title 32 / Chapter 22 / Section 32-22-59
Restrictions on size, weight or class
Status: in_force

The transportation commission may adopt rules pursuant to chapter 1-26 to restrict the size or weight of any motor vehicle or class of motor vehicle on roads under its jurisdiction provided the vehicle size or weight restriction is conspicuously signed.

Source: SL 1987, ch 210, § 24.
S.D. Codified Laws § 32-2-1 — SD Code / Title 32 / Chapter 2 / Section 32-2-1
Superintendent--Appointment--Supervision--Custody of records and property
Status: in_force

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

Source: SDC 1939, § 44.0601; SL 2003, ch 272, § 21.
S.D. Codified Laws § 32-5-189 — SD Code / Title 32 / Chapter 5 / Section 32-5-189
Nonresident off-road vehicles--Decal--Use of vehicle on public highways--Where affixed
Status: in_force

A non-resident owner of an off-road vehicle not currently registered for on-road use, that meets the requirements of § 32-20-13 and is brought into the state for noncommercial use on the public highways of this state, shall purchase a decal. The decal allows the off-road vehicle to be used on the public highways of this state. The decal is valid for one year from the date of purchase of the decal. The decal must be attached to the rear of the off-road vehicle in a location easily visible for inspection by any peace officer.

Source: SL 2023, ch 99, § 2.
S.D. Codified Laws § 32-6B-6 — SD Code / Title 32 / Chapter 6B / Section 32-6B-6
Application required--Contents
Status: in_force

Any person selling vehicles pursuant to the requirements of this chapter shall file with the department, upon forms provided by the department, an application including the following:

(1) The name and address of the applicant;

(2) The name of the firm or copartnership, with the names and addresses of all members, if the applicant is a firm or copartnership;

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

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

(5) A certification that the location provides an adequately equipped office and is not the residence of the applicant;

(6) A certification that the location affords sufficient space to adequately store all vehicles offered for sale;

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

(8) A consent to allow periodic inspections of the dealership by the department;

(9) A certification that the business of a vehicle dealer is the principal business conducted at the location;

(10) A description of the principal place of business and any supplemental lots;

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

(12) A list of financial references;

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

(14) Such other information as the department may require;

(15) Verification as to the accuracy of the information provided by the applicant;

(16) A certificate that the applicant has obtained a public liability insurance policy of not less than three hundred thousand dollars; and

(17) For any emergency vehicle dealer whose principal place of business is not located in South Dakota, proof the dealer is a licensed dealer in another state and has no outstanding dealer violations.

Source: SL 1986, ch 250, § 7; SL 1990, ch 242, § 1; SL 1998, ch 175, § 3; SL 2014, ch 139, § 5.
S.D. Codified Laws § 32-35-46 — SD Code / Title 32 / Chapter 35 / Section 32-35-46
Suspension not required--Government vehicles
Status: in_force

If a conviction arose out of the operation, with permission, of a vehicle owned by or leased to the United States, this state, or any political subdivision of this state or a municipality thereof, the Department of Public Safety shall suspend or revoke such license only with respect to the operation of vehicles not so owned or leased and the Department of Revenue shall not suspend the registration of any vehicle so owned or leased.

Source: SL 1957, ch 212, § 31; SDC Supp 1960, § 44.03A31 (2); SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2004, ch 17, § 154; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-10-32 — SD Code / Title 32 / Chapter 10 / Section 32-10-32
Construction of statute
Status: in_force

This chapter shall be, and be construed as, a part of and supplemental to the motor vehicle registration law of this state.

Source: SL 1961, ch 237, § 24.
S.D. Codified Laws § 32-34-3.1 — SD Code / Title 32 / Chapter 34 / Section 32-34-3.1
Immediate report to police authority when persons entitled to receive information are disabled--Violation as misdemeanor
Status: in_force

If none of the persons specified in § 32-34-3 are in condition to receive the information to which they otherwise would be entitled, and no police officer is present, the driver of any vehicle involved in such accident, after fulfilling all other requirements of § 32-34-3 , insofar as possible on his part to be performed, shall forthwith report such accident to the nearest office of a duly authorized police authority and submit thereto the information specified in § 32-34-3 . A violation of this section is a Class 2 misdemeanor.

Source: SL 1970, ch 175, § 36; SL 1989, ch 255, § 225.
S.D. Codified Laws § 32-17-18 — SD Code / Title 32 / Chapter 17 / Section 32-17-18
Turn light requirements--Visibility--Violation as petty offense
Status: in_force

If a motor vehicle is equipped with a signal lamp to comply with the provisions of § 32-26-23 , the signal lamp shall be so constructed and located on the vehicle as to give a signal, yellow or red in color, which shall be plainly visible in normal sunlight from a distance of one hundred feet to the rear of the vehicle but may not project a glaring or dazzling light. A violation of this section is a petty offense.

Source: SDC 1939, § 44.0352 (15); SL 1984, ch 228, § 5; SL 1989, ch 255, § 50.
S.D. Codified Laws § 32-24-17 — SD Code / Title 32 / Chapter 24 / Section 32-24-17
Street racing--Authorized events excluded
Status: in_force

The provisions of §§ 32-24-11 to 32-24-15 , inclusive, do not prohibit any person or motor vehicle from participating in, or any person from coordinating, facilitating, or collecting money incident to, a public or private race, competition, contest, or exhibition that is licensed, permitted, or otherwise authorized by the Transportation Commission, as established in chapter 1-44 , or other local authorities on a public highway, roadway, or parking lot under their jurisdictions.

Source: SL 2025, ch 129, § 8.
S.D. Codified Laws § 32-5-93 — SD Code / Title 32 / Chapter 5 / Section 32-5-93
Forwarding applications to department
Status: in_force

The county treasurer shall, at the close of each day during which his office has been open to the public, mail to the department the applications received and registered by him during that day.

Source: SDC 1939, § 44.0104; SL 1959, ch 246, § 2; SL 1965, ch 178; SL 1989, ch 257, § 95.
S.D. Codified Laws § 32-6E-11 — SD Code / Title 32 / Chapter 6E / Section 32-6E-11
Hearing on timely objection to approval of notice
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 § 32-6E-8 . The department may, upon request, continue the date of hearing for a period of thirty days.

Source: SL 1994, ch 248, § 11.
S.D. Codified Laws § 32-7B-9 — SD Code / Title 32 / Chapter 7B / Section 32-7B-9
Books, records, and files to be kept--Inspection
Status: in_force

Any dealer licensed under the provisions of this chapter, shall keep books, records, or files, in such form as prescribed or approved by the department, including the following:

(1) A record of the purchase, sale, or exchange, of any boat;

(2) A description of each boat purchased, sold, or exchanged, together with the name and address of the owner or other person from whom the boat was purchased or received and to whom it was sold or delivered. The description shall include the boat identification number and manufacturer's make and model; and

(3) A certificate of title from the previous owner of any boat not purchased from the manufacturer, from the time the boat is delivered to the dealer until it has been disposed of by the dealer.

The books and records and other papers and documents shall, at all times during business hours of the day, be subject to inspection by the secretary of revenue.

Source: SL 1998, ch 185, § 9; SL 2005, ch 159, § 14; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-9-44.2 — SD Code / Title 32 / Chapter 9 / Section 32-9-44.2
Revocation, cancellation or suspension of certificate upon repeated violations of §32-5-16.7
Status: in_force

The department may, pursuant to chapter 1-26 , revoke and cancel or suspend the commercial motor vehicle certificate which belongs to any person who the court has assessed a civil penalty pursuant to § 32-5-16.7 four or more times within a one - year period.

Source: SL 2002, ch 148, § 4.
S.D. Codified Laws § 32-15-39 — SD Code / Title 32 / Chapter 15 / Section 32-15-39
Counterfeit airbags--Applicability--Liability
Status: in_force

Section 32-15-38 does not apply to:

(1) A person installing, reinstalling, or replacing an airbag or other component of an airbag in a motor vehicle used solely for police work; or

(2) An owner or employee of a motor vehicle dealership or the owner of a motor vehicle who, before the sale of the motor vehicle, does not have knowledge that the airbag, or another component of the motor vehicle's supplemental restraint system is counterfeit or nonfunctional.

Sections 32-15-37 to 32-15-39 , inclusive, do not create liability of any party in a civil action, or create a duty that, before the sale of a vehicle, an owner or employee of a motor vehicle dealership or the owner of the vehicle must inspect a vehicle in possession of the dealership or owner to determine whether the airbag, or another component of the vehicle's supplemental restraint system, is counterfeit or nonfunctional.

Source: SL 2023, ch 105, § 3.
S.D. Codified Laws § 32-6B-23 — SD Code / Title 32 / Chapter 6B / Section 32-6B-23
Issuance of motorcycle dealer and trailer dealer plates--Numbering--Display and use--Fees
Status: in_force

The department shall issue to any motorcycle dealer and trailer dealer licensed pursuant to this chapter metal number plates bearing a prefix of the letter "D" and containing a distinguishing identification number of the licensee. The dealer shall make application to the department for the plates and pay a fee of twenty-four dollars for each plate. One license plate shall be displayed on the rear of any motorcycle, or trailer, semitrailer, or travel trailer, owned by the dealer while traveling on a public highway. Any vehicle owned by the licensed dealer and bearing the dealers' metal plate may be operated on the streets and highways of this state for any purpose, including demonstration by a prospective buyer. All money collected pursuant to this section shall be distributed in the manner specified in § 32-11-2 and §§ 32-11-4.1 to 32-11-9 , inclusive.

Source: SL 1986, ch 250, § 24; SL 1996, ch 197, § 1; SL 2011, ch 139, § 7; SL 2011, ch 139, § 17, eff. July 1, 2013; SL 2015, ch 165, § 18, eff. Apr. 1, 2015.
S.D. Codified Laws § 32-22-63 — SD Code / Title 32 / Chapter 22 / Section 32-22-63
Electronic copy of permit
Status: in_force

Any permit issued by a permit issuing authority under this chapter may be presented electronically as proof of the permit. An electronic copy is considered written evidence of a permit if the permit was issued by a permit issuing authority and the permit was issued by electronic means.

Source: SL 2018, ch 195, § 1.
S.D. Codified Laws § 32-5-100 — SD Code / Title 32 / Chapter 5 / Section 32-5-100
Plates as state property
Status: in_force

All motor vehicle license plates issued by the department, or by any county treasurer of the state, shall continue to be the property of the State of South Dakota for the period for which the plates are valid.

Source: SDC 1939, § 44.0113; SL 1945, ch 186; SL 1989, ch 257, § 101.
S.D. Codified Laws § 32-25-19.1 — SD Code / Title 32 / Chapter 25 / Section 32-25-19.1
Limited speed zones--Signs posted--Violation as misdemeanor
Status: in_force

Notwithstanding § 32-25-7 or chapter 1-26 , if the secretary of public safety and the secretary of transportation, after consultation with the director of the highway patrol, agree the limited speed zones are necessary for the protection of life and property, the secretary of transportation may establish limited speed zones as follows:

(1) Through highway work areas on the state trunk highways; and

(2) On any segment of the interstate highway system based upon monitored traffic, weather, or road surface conditions.

Temporary reduced speed limits may be established for different times of day, different types of vehicles, varying weather conditions, and any other factor that has a bearing on a safe speed. A limited speed zone is effective when it is conspicuously posted on appropriate fixed or variable signs. The beginning and end of each limited speed zone established under this section shall be conspicuously posted with signs showing the maximum speed permissible. The location and duration of this posting shall be filed with the secretary of transportation. A violation of the speed limit established under the provisions of this section is a Class 2 misdemeanor. Any fine for a violation of this section while workers are present shall be double the usual fine for speeding, but may not exceed the maximum fine for a Class 2 misdemeanor as provided in § 22-6-2 . Signs showing that a fine will be double the usual speeding fine shall be erected in advance of the regulatory speed limit signs.

Source: SL 1981, ch 247; SL 1995, ch 184; SL 1995, ch 185; SL 2004, ch 17, § 142; SL 2011, ch 148, § 1, eff. Mar. 3, 2011; SL 2020, ch 123, § 1.
S.D. Codified Laws § 32-23-7 — SD Code / Title 32 / Chapter 23 / Section 32-23-7
Presumptions arising from chemical analysis of body fluids
Status: in_force

In any criminal prosecution for a violation of § 32-23-1 relating to driving a vehicle while under the influence of an alcoholic beverage, a violation of § 22-16-41 , or a violation of § 22-18-36 , the amount of alcohol in the defendant's blood at the time alleged as shown by chemical analysis of the defendant's blood, breath, or other bodily substance gives rise to the following presumptions:

(1) If there was at that time five hundredths percent or less by weight of alcohol in the defendant's blood, it is presumed that the defendant was not under the influence of an alcoholic beverage;

(2) If there was at that time in excess of five hundredths percent but less than eight hundredths percent by weight of alcohol in the defendant's blood, such fact does not give rise to any presumption that the defendant was or was not under the influence of an alcoholic beverage, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant;

(3) If there was at that time eight hundredths percent or more by weight of alcohol in the defendant's blood, it is presumed that the defendant was under the influence of an alcoholic beverage.

Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per 1.0 cubic centimeter of whole blood or 2100 cubic centimeters of deep lung breath.

Source: SL 1949, ch 42, § 2; SDC Supp 1960, § 44.0302-1; SL 1965, ch 191; SL 1971, ch 191, § 1; SL 1971, ch 192, § 1; SL 1982, ch 246, § 2; SL 1983, ch 176, § 2; SL 2000, ch 159, § 1; SL 2002, ch 160, § 2; SL 2006, ch 168, § 13.
S.D. Codified Laws § 32-4-14 — SD Code / Title 32 / Chapter 4 / Section 32-4-14
Seizure of property on arrest for trafficking--Forfeiture
Status: in_force

Upon the arrest of any person or entity for violation of § 32-4-13 , the law enforcement officer may seize all vehicles or vehicle parts, all vehicles and other equipment used to transport such vehicle or vehicle parts, all tools, equipment, and other materials and all real and personal property and all money or other proceeds used or acquired as a result of such violation.

Upon the conviction of any person or entity, all items seized shall be forfeited to the state in a manner consistent with §§ 34-20B-85 to 34-20B-88, inclusive.

Source: SL 1983, ch 230, § 13.
S.D. Codified Laws § 32-3A-55 — SD Code / Title 32 / Chapter 3A / Section 32-3A-55
Application for title and registration--Falsification as felony
Status: in_force

The new owner of a large boat shall present to the county treasurer in the county of the owner's residence the manufacturer's statement of origin or assigned certificate of title if a title has been previously issued for the large boat, an application for title and registration and a bill of sale containing a complete description of the large boat, the purchaser's name and address, the previous owner's name and address, the full purchase price as defined by this chapter and how computed, the trade - in allowance and description of the trade, if any, and any other relevant information the department may require. If a person intentionally falsifies information on the certificate, the person is guilty of a Class 6 felony.

Source: SL 1993, ch 102, § 6; SL 1994, ch 335, § 8; SDCL 10-60-6; SL 1998, ch 74, § 2.
S.D. Codified Laws § 32-18-20 — SD Code / Title 32 / Chapter 18 / Section 32-18-20
Buses and trucks with air brakes--Warning signal for low air pressure--Pressure gauge--Violation as misdemeanor
Status: in_force

Every bus, truck, or truck tractor using compressed air for the operation of its own brakes or the brakes on any towed vehicle, shall be provided with a warning signal, other than a pressure gauge, readily audible or visible to the driver, which will operate at any time the air reservoir pressure of the vehicle is below fifty percent of the air compressor governor cut - out pressure. In addition, each such vehicle shall be equipped with a pressure gauge visible to the driver, which indicates in pounds per square inch the pressure available for braking. A violation of this section is a Class 2 misdemeanor.

Source: SL 1967, ch 197, § 1 (j) (1); SL 1989, ch 255, § 80.
S.D. Codified Laws § 32-35-47 — SD Code / Title 32 / Chapter 35 / Section 32-35-47
Duration of suspension--Future proof of financial responsibility
Status: in_force

The suspension or revocation required in § 32-35-44 shall remain in effect and the Department of Public Safety shall not issue to such person any new or renewal of license and the Department of Revenue shall not register or reregister in the name of such person as owner any such vehicle until permitted under the motor vehicle laws of this state, and not then unless and until such person shall give and thereafter maintain proof of financial responsibility for the future.

Source: SL 1957, ch 212, § 32; SDC Supp 1960, § 44.03A32; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2004, ch 17, § 155; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-5-127 — SD Code / Title 32 / Chapter 5 / Section 32-5-127
Decals and plates mailed to owner--Fee
Status: in_force

In addition to the registration fees required by this chapter, the department or county treasurer shall charge the owner, when sent to the owner through the mail:

(1) Two dollars and fifty cents per decal or set of decals; and

(2) Twelve dollars per license plate or set of plates.

Source: SL 1994, ch 240, § 5; SL 2009, ch 150, § 1; SL 2023, ch 98, § 2, eff. Mar. 14, 2023; SL 2026, ch 129, § 2.
S.D. Codified Laws § 32-23-24 — SD Code / Title 32 / Chapter 23 / Section 32-23-24
Multi-passenger quadricycle--Chapter application
Status: in_force

A driver of a multi-passenger quadricycle, as defined in § 32-14-17 , is subject to a violation of any of the provisions of this chapter, but a passenger of a multi-passenger quadricycle may not be charged with a violation of this chapter.

Source: SL 2024, ch 118, § 12.
S.D. Codified Laws § 32-10-14 — SD Code / Title 32 / Chapter 10 / Section 32-10-14
Reciprocity--Extending privileges to out-of-state vehicles in absence of agreement
Status: in_force

If no agreement, arrangement, or declaration is in effect with respect to another jurisdiction as authorized by this chapter, any vehicle properly registered or licensed in such other jurisdiction and for which evidence of compliance is supplied, shall receive, when operated in this state, the same exemptions, benefits, and privileges granted by such other jurisdiction to vehicles properly registered in this state. Reciprocity extended under this section shall apply to commercial vehicles only when engaged exclusively in interstate commerce.

Source: SL 1961, ch 237, § 10.
S.D. Codified Laws § 32-10-20 — SD Code / Title 32 / Chapter 10 / Section 32-10-20
Proportionally registered interstate fleet vehicles--Intrastate vehicles--Vehicles operating under authority of public utilities commission
Status: in_force

Proportionally registered interstate fleet vehicles registered and identified under § 32-10-17 shall be deemed to be fully licensed and registered in this state for any type of movement or operation, except that, in those instances in which a grant of authority is required for intrastate movement or operation, no such vehicle shall be operated in intrastate commerce in this state unless the owner or operator thereof has been granted intrastate authority or rights by the South Dakota Public Utilities Commission and unless said vehicle is being operated in conformity with such authority or rights.

Source: SL 1961, ch 237, § 12 (2).
S.D. Codified Laws § 32-9-6 — SD Code / Title 32 / Chapter 9 / Section 32-9-6
Application to county treasurer--Nonresidents--Contents of application--Violation as misdemeanor
Status: in_force

Any person, corporation, or limited liability company desiring to operate a motor vehicle, trailer, semitrailer as a motor carrier of persons or property on the public highways of this state shall, before beginning the operations, cause to be presented to the county treasurer of the county of which the applicant is a resident, if the applicant be a resident of this state, and if a nonresident, then to the county treasurer of any county through which that applicant may travel, except as provided for interstate carriers, an application upon forms to be furnished and provided by the Department of Revenue. The application shall set forth the name of the manufacturer of the vehicle, the factory number, the engine number of the vehicle, the model of the vehicle, and the desired gross weight classification or rated maximum seating capacity of the vehicle, together with such other and additional information as the Department of Revenue may deem necessary. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0425; SL 1947, ch 195, § 2; SL 1949, ch 171; SL 1989, ch 255, § 24; SL 2004, ch 17, § 110; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011; SL 2014, ch 139, § 11.
S.D. Codified Laws § 32-12A-49 — SD Code / Title 32 / Chapter 12A / Section 32-12A-49
Agreements, arrangements, or declarations permitted
Status: in_force

The department may enter into or make agreements, arrangements, or declarations to carry out the provisions of this chapter.

Source: SL 1989, ch 267, § 28; SDCL § 32-12-114; SL 2001, ch 171, §§ 102, 115; SL 2005, ch 167, § 27.
S.D. Codified Laws § 32-6B-81 — SD Code / Title 32 / Chapter 6B / Section 32-6B-81
Manufacturer or franchisor may own or operate for limited period--Conditions
Status: in_force

A manufacturer or franchisor may own an interest in a franchised vehicle dealer, or otherwise control a dealership, for a period not to exceed twelve months from the date the manufacturer or franchisor acquires the dealership if:

(1) The person from whom the manufacturer or franchisor acquired the dealership was a franchised dealer; and

(2) The dealership is for sale by the manufacturer or franchisor at a reasonable price and on reasonable terms and conditions.

Source: SL 2000, ch 151, § 3.
S.D. Codified Laws § 32-5-9.2 — SD Code / Title 32 / Chapter 5 / Section 32-5-9.2
Disposition of snowmobile fees and initial registration tax
Status: in_force

Two dollars of each fee collected under § 32-5-9.1 shall be credited to the motor vehicle fund and the balance of the license fees and the three percent initial registration tax shall be credited to a special revenue fund to be established and known as the snowmobile trails fund.

Source: SL 1971, ch 182, § 16; SL 1973, ch 197, § 1; SL 1974, ch 209; SL 1981, ch 232, § 1; SL 1984, ch 30, § 36; SL 1986, ch 243, § 2; SL 1986, ch 244, § 2.
S.D. Codified Laws § 32-9-2 — SD Code / Title 32 / Chapter 9 / Section 32-9-2
Motor carrier defined
Status: in_force

Except as provided in § 32-9-3 , the term, motor carrier, when used in this chapter means any person, copartnership, corporation, or limited liability company owning, controlling, operating, or maintaining a commercial vehicle.

Source: SDC 1939, § 44.0422; SL 1943, ch 160; SL 1953, ch 238; SL 1957, ch 230; SL 1977, ch 249, § 18; SL 2014, ch 139, § 10.
S.D. Codified Laws § 32-7B-11 — SD Code / Title 32 / Chapter 7B / Section 32-7B-11
Use of dealer plates--Display--Transfer of plates--Violation as misdemeanor
Status: in_force

Any new boat or used boat owned by a licensed dealer, bearing dealer license plates issued pursuant to § 32-7B-10 may be operated in this state for any purpose, except no dealer boat license plate may be used on any boat used for lease or rental. The license plate shall be displayed on or carried in the boat. The license plate is transferable by the dealer from one boat owned by the dealer to another boat owned by the dealer. Any violation of this section is a Class 1 misdemeanor.

Source: SL 1998, ch 185, § 11; SL 2001, ch 163, § 7.
S.D. Codified Laws § 32-12A-22 — SD Code / Title 32 / Chapter 12A / Section 32-12A-22
License endorsements
Status: in_force

The endorsements to a commercial driver license shall be as follows:

(1) T --Double/triple trailers;

(2) P --Passengers;

(3) N --Tank vehicles;

(4) H --Hazardous materials;

(5) X --Combination tank vehicles and hazardous materials; and

(6) S --School bus.

Source: SL 1989, ch 267, § 17; SDCL § 32-12-97; SL 2001, ch 171, §§ 89, 115.
S.D. Codified Laws § 32-6B-17 — SD Code / Title 32 / Chapter 6B / Section 32-6B-17
Separate licenses--Requirement
Status: in_force

If the applicant sets up a principal place of business in more than one county of this state, the applicant shall secure a separate license for each county. However, a vehicle dealer or used vehicle dealer who sells or displays a vehicle that is twenty model years or older or an emergency vehicle dealer is not required to secure a separate license for each county if the licensee has otherwise complied with this chapter, has notified the department of the display, and the display does not exceed fifteen consecutive days. No license for any additional county may be issued until the department is furnished with proof that the applicant has a principal place of business in the county and has otherwise complied with this chapter.

Source: SL 1986, ch 250, § 18; SL 1998, ch 175, § 8; SL 2016, ch 162, § 1; SL 2020, ch 138, § 1.
S.D. Codified Laws § 32-35-86 — SD Code / Title 32 / Chapter 35 / Section 32-35-86
Suit on bond of defaulting debtor--Foreclosure of lien--Procedure
Status: in_force

If a judgment referred to in § 32-35-84 , rendered against the principal on such bond, shall not be satisfied within thirty days after it has become final, the judgment creditor may, for his own use and benefit and at his sole expense, bring an action or actions in the name of the state against the company or persons executing such bond, including an action or proceeding to foreclose any lien that may exist upon the real estate of a person who has executed such bond. Any such lien upon real estate may be enforced by action in a circuit court in the same manner, as near as may be, as in actions to foreclose mortgages on real estate as provided in chapter 21-47 .

Source: SL 1957, ch 212, § 56; SDC Supp 1960, § 44.03A56.
S.D. Codified Laws § 32-5-67 — SD Code / Title 32 / Chapter 5 / Section 32-5-67
License plate special revenue fund
Status: in_force

All fees received pursuant to §§ 32-5-42 , 32-5-42.2 , 32-5-65 , 32-5-65.1 , 32-5-159 , 32-5-160 , and 32-5-181 shall be credited to a fund to be known as the license plate special revenue fund. The special revenue fund shall be expended for the purchase of special plates required pursuant to this chapter and the expenses of the office incident to the issuance thereof. Disbursements from this fund shall be made by warrants drawn by the state auditor on vouchers duly approved by the secretary.

Source: SL 1953, ch 241, § 4; SL 1957, ch 233; SDC Supp 1960, § 44.01 13-4 ; SL 1984, ch 30, § 37; SL 1989, ch 257, § 72; SL 2007, ch 173, § 25, eff. July 1, 2008; SL 2014, ch 140, § 3; SL 2014, ch 142, § 14; SL 2016, ch 158, § 6.
S.D. Codified Laws § 32-6B-3.1 — SD Code / Title 32 / Chapter 6B / Section 32-6B-3.1
Sale on consignment prohibited for vehicle without statement of origin
Status: in_force

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

Source: SL 1997, ch 182, § 12.
S.D. Codified Laws § 32-15-10 — SD Code / Title 32 / Chapter 15 / Section 32-15-10
Horn required--Audibility distance--Violation as petty offense
Status: in_force

Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order capable of emitting sound audible under normal conditions from a distance of at least two hundred feet. A violation of this section is a petty offense.

Source: SDC 1939, § 44.0347; SL 1989, ch 255, § 37.
S.D. Codified Laws § 32-35-44 — SD Code / Title 32 / Chapter 35 / Section 32-35-44
Suspension or revocation of license--Suspension respecting all vehicles registered in offender's name
Status: in_force

Whenever, under any law of this state, the license of any person is suspended or revoked by reason of a conviction or a forfeiture of bail, the Department of Revenue shall suspend the registration of all vehicles registered in the name of such person as owner, except as provided by §§ 32-35-45 and 32-35-46 .

Source: SL 1957, ch 212, § 31; SDC Supp 1960, § 44.03A31; SL 1986, ch 270; AL 1987, ch. 261, § 14; SL 2004, ch 17, § 152; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-5-179 — SD Code / Title 32 / Chapter 5 / Section 32-5-179
Special interest motor vehicle plates--Application
Status: in_force

Any person who is a resident of this state and is the owner of a special interest motor vehicle may apply to the county treasurer of the applicant's county of residence for a special interest motor vehicle license plate. The application shall be on a form prescribed by the secretary and is in addition to any other forms required by this chapter. The applicant shall meet all of the requirements in § 32-5-182 and pay any applicable fees in order to receive a special interest motor vehicle license plate.

For purposes of §§ 32-5-179 to 32-5-183 , inclusive, a special interest motor vehicle is a vehicle that is collected, preserved, restored, or maintained by the owner as a leisure pursuit and is not used for general or commercial transportation. The special interest motor vehicle license plate may be placed on any automobile, pickup, truck, or van licensed pursuant to § 32-5-6 that qualifies as a special interest motor vehicle.

Source: SL 2016, ch 158, § 1.
S.D. Codified Laws § 32-4-3 — SD Code / Title 32 / Chapter 4 / Section 32-4-3
Check of attorney general's files and examination of application before issuing certificate of title
Status: in_force

Before issuing a certificate of title, as provided in chapter 32-3 , the secretary of revenue shall check the motor and serial number on the motor vehicle, trailer, or semitrailer to be registered against the attorney general's files. The Department of Revenue shall examine and determine the genuineness, regularity, and legality of every application for registration of a vehicle or for a certificate of title therefore and may in all cases make investigation considered necessary or require additional information. The department shall reject any such application if it is not satisfied with the regularity, legality, the truthfulness of any statement, or for any other reason if authorized by law.

Source: SDC 1939, § 44.0210; SL 1965, ch 186, § 8; SL 1983, ch 230, § 3; SL 2004, ch 17, § 46; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-5-83 — SD Code / Title 32 / Chapter 5 / Section 32-5-83
Design of number plates--Color contrast
Status: in_force

The number plates authorized by § 32-5-82 shall be of different design each seven-year period and there shall be at all times a marked contrast between the color of the number plates and that of the numerals and letters on the plates.

Source: SDC 1939, § 44.0114; SL 1943, ch 157; SL 1951, ch 226; SL 1955, ch 159, § 1; SL 1959, ch 249, § 1; SL 1975, ch 198, § 2; SL 1985, ch 245, § 1; SL 1988, ch 236, § 17; SL 1989, ch 257, § 80; SL 1990, ch 237; SL 1998, ch 174, § 1; SL 2010, ch 154, § 1, eff. June 28, 2010; SL 2020, ch 135, § 1.
S.D. Codified Laws § 32-18-29 — SD Code / Title 32 / Chapter 18 / Section 32-18-29
Definition of hydraulic brake fluid
Status: in_force

The term, hydraulic brake fluid, as used in § 32-18-30 shall mean the liquid medium through which force is transmitted to the brakes in the hydraulic brake system of a vehicle.

Source: SL 1967, ch 197, § 5 (a); SL 1974, ch 219, § 24.
S.D. Codified Laws § 32-21-30 — SD Code / Title 32 / Chapter 21 / Section 32-21-30
Compliance with directions of peace officer--Violation as misdemeanor--Venue of violations
Status: in_force

The driver of a motor vehicle shall comply with any lawful order, signal, or direction of a peace officer; submit to any lawful inspection under this chapter, and comply with the provisions or requirements of a warning ticket issued by a peace officer. A violation of this section is a Class 2 misdemeanor. Venue of a violation of this section shall be in the county where such offense takes place, or in which such warning ticket is issued and delivered, and, in the event such county is unorganized, trial shall be had in the county to which it is attached for judicial purposes.

Source: SL 1961, ch 147; SL 1965, ch 136; SL 1967, ch 182, § 2; SL 1970, ch 178; SL 1979, ch 220, § 9.
S.D. Codified Laws § 32-32-3 — SD Code / Title 32 / Chapter 32 / Section 32-32-3
Color of school bus--Exception--Violation as petty offense
Status: in_force

The color of every vehicle which transports ten or more students and is owned or operated by or for a school or school district used for transportation of school children shall be national school bus yellow in color, in accordance with the rules of the South Dakota Board of Education Standards. 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. A violation of this section is a petty offense.

Source: SL 1963, ch 255, § 3; SL 1970, ch 175, § 33; SL 1986, ch 132, § 5; SL 1989, ch 255, § 222; SL 2017, ch 81, § 57.
S.D. Codified Laws § 32-5-188 — SD Code / Title 32 / Chapter 5 / Section 32-5-188
Electric motor vehicle--Additional annual fee--Exception--Deposit
Status: in_force

In addition to the license fees paid pursuant to the provisions of this chapter for a motor vehicle, the owner of an electric motor vehicle shall pay an annual fee of one hundred dollars. The fee must be paid at the time of annual registration as otherwise provided in this chapter. The license fee imposed by this section does not apply to any motorcycle propelled by an electric motor, if the license fee is paid pursuant to § 32-5-9 .

For the purposes of this section, "electric motor vehicle" means a noncommercial motor vehicle for which the only source of propulsion is an electric motor that draws electricity from a battery capable of being recharged from an external source of electricity, and which may be legally operated on the interstate highways in this state and eligible for registration pursuant to the laws of this state. The electric motor vehicle must have been made by a manufacturer primarily for use on public streets, roads, and highways and must meet National Highway Traffic Safety Administration standards provided in 49 C.F.R. § 571 (January 1, 2021).

The fees received pursuant to this section must be deposited in the state highway fund.

Source: SL 2021, ch 132, § 1; SL 2026, ch 132, § 1.
S.D. Codified Laws § 32-3-5 — SD Code / Title 32 / Chapter 3 / Section 32-3-5
Sale without delivering certificate of title--Purchase without obtaining certificate of title--Temporary use--Time limit--Violation as misdemeanor
Status: in_force

No person, except as provided in § 32-3-6 shall sell or otherwise dispose of a motor vehicle, trailer, or semitrailer without delivering to the purchaser or transferee a certificate of title showing assignment to the purchaser, and indicating the date of purchase. No person may purchase or otherwise acquire or bring into this state a motor vehicle, trailer, or semitrailer except for temporary use not to exceed a period of ninety days, unless he has obtained a certificate of title for the motor vehicle, trailer, or semitrailer in his name as in accordance with the provisions of this chapter. Failure to comply with this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0202 (3) as added by SL 1951, ch 229, § 2; SL 1957, ch 214; SL 1965, ch 184; SL 1965, ch 186, § 2; SL 1989, ch 257, § 8.
S.D. Codified Laws § 32-5-145 — SD Code / Title 32 / Chapter 5 / Section 32-5-145
Personal information to be disclosed for certain purposes
Status: in_force

Personal information shall be disclosed for use in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls, or advisories, performance monitoring of motor vehicles and dealers by motor vehicle manufacturers, and removal of nonowner records from the original owner records of motor vehicle manufacturers to carry out the purposes of Titles I and IV of the Anti Car Theft Act of 1992, 15 U.S.C. § 2021 et seq., as of January 1, 2001, the Automobile Information Disclosure Act, 15 U.S.C. § 1231 et seq., as of January 1, 2001, and the Clean Air Act, 42 U.S.C. § 7401 et seq. , as of January 1, 2001, chapters 301, 305, and 321-331 of Title 49, as of January 1, 2001, and agency regulations enacted or adopted pursuant to the authority of, or to attain compliance with, these acts of Congress.

Source: SL 2001, ch 165, § 3.
S.D. Codified Laws § 32-11-38 — SD Code / Title 32 / Chapter 11 / Section 32-11-38
Local bridge improvement grant fund created
Status: in_force

There is hereby created in the state treasury the local bridge improvement grant fund. Interest earned on money in the fund shall be deposited into the fund. Any money in the fund is continuously appropriated to the Department of Transportation. Any money deposited into and distributed from the fund shall set forth in an informational budget as described in § 4-7-7.2 .

The Transportation Commission may award grants from the fund to any local government entity to construct, reconstruct, and repair bridges. The Transportation Commission shall consider the need for the project and funding mechanisms available to and utilized by the applicant when making a decision to award a grant. No county may receive a grant from the fund unless such county has adopted and annually updated its county highway and bridge improvement plan pursuant to the provisions of § 1-44-7.5 and has imposed a county wheel tax pursuant to § 32-5A-1 .

Source: SL 2015, ch 165, § 1, eff. Apr. 1, 2015.
S.D. Codified Laws § 32-7B-7 — SD Code / Title 32 / Chapter 7B / Section 32-7B-7
Proof of contract or franchise
Status: in_force

No dealer's license may be issued to a person who desires to sell or offer for sale new boats, until the applicant furnishes proof, satisfactory to the department that the person has a bona fide contract or franchise in effect in this state with the manufacturer of the boat or boats.

Source: SL 1998, ch 185, § 7.
S.D. Codified Laws § 32-3-57 — SD Code / Title 32 / Chapter 3 / Section 32-3-57
Promulgation of rules--Duty of local officials
Status: in_force

The secretary of revenue may promulgate rules pursuant to chapter 1-26 and issue instructions as are necessary to ensure and obtain uniformity in the administration of the provisions of this chapter. Rules may be adopted in the following areas:

(1) Application requirements for new vehicles, trailers, snowmobiles, and mobile homes;

(2) Certificate of title for vehicles previously registered, time limits of making application, duplicate certificates, and transfer of certificate of title;

(3) Assignment of certificate of title;

(4) Corrections of titles and procedure when there is a body type change;

(5) Lien recording, assignment of liens, execution of cancellation of liens, and delivery of certificate of title;

(6) Transfer of ownership;

(7) Registration tax dealers guides for used vehicles or mobile homes, older motor vehicles and government vehicles, title and license requirements, nonresident reciprocity, manufacturer's price sticker, wrecked motor vehicles, leased vehicles, and homemade vehicles;

(8) Establishment of a transaction fee for online access to the title and registration system that does not exceed fifty cents for each transaction;

(9) Standards and procedures for the electronic title and registration system under § 32-3-69.1 , including qualifications, applications, and annual registration fees for approved entities;

(10) Standards and procedures for the electronic lien filing system under § 32-3-70 ; and

(11) Requirements for retention of physical documents.

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

Source: SDC 1939, § 44.0213; SDCL § 32-3-55; SL 1982, ch 18, § 9; SL 1987, ch 82, § 49; SL 1989, ch 257, § 46; SL 2004, ch 17, § 44; SL 2008, ch 148, § 2; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2025, ch 44, § 8.
S.D. Codified Laws § 32-26-42 — SD Code / Title 32 / Chapter 26 / Section 32-26-42
Minimum space in caravans and motorcades--Exceptions--Violation as misdemeanor
Status: in_force

Any motor vehicle being driven upon any roadway outside of a business or residence district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision does not apply to funeral processions or processions controlled by law enforcement for security of people or property. A violation of this section is a Class 2 misdemeanor.

Source: SL 1970, ch 175, § 21, § 1; SL 1989, ch 255, § 179; SL 1989, ch 256, § 24.
S.D. Codified Laws § 32-6E-9 — SD Code / Title 32 / Chapter 6E / Section 32-6E-9
Notice to franchisee--Interested parties
Status: in_force

Upon receiving a notice of intention, the department shall, within five days, send by first class mail, a copy of the notice to the franchisee whose franchise the franchisor seeks to terminate or not continue. If the notice seeks to establish an additional franchise, a copy of the notice shall be sent within five days of receipt to all franchisees in the community who are engaged in the business of offering to sell or selling the same line/make. The department may also give a copy of the franchisor's notice to any other party which it considers an interested person.

Source: SL 1994, ch 248, § 9.
S.D. Codified Laws § 32-37-1 — SD Code / Title 32 / Chapter 37 / Section 32-37-1
Use of system required--Violation as petty offense
Status: in_force

Any operator of any passenger vehicle transporting a child under five years of age on the streets and highways of this state shall properly secure the child in a child passenger restraint system according to its manufacturer's instructions. The child passenger restraint system shall meet Department of Transportation Motor Vehicle Safety Standard 213 as in effect January 1, 1981. The requirements of this section are met if the child is under five years of age and is at least forty pounds in weight by securing the child in a seat belt. An operator who violates this section commits a petty offense.

Source: SL 1984, ch 235, § 1; SL 1987, ch 246, § 1; SL 1990, ch 261, § 1; SL 1992, ch 158, § 98; SL 1998, ch 199, § 1.
S.D. Codified Laws § 32-5-2.1 — SD Code / Title 32 / Chapter 5 / Section 32-5-2.1
Staggered registration of noncommercial vehicles
Status: in_force

The annual registration of noncommercial vehicles shall be staggered throughout the year excluding the months of April, October, and December.

Source: SL 1987, ch 215, § 1; SL 2018, ch 177, § 1.
S.D. Codified Laws § 32-12-37 — SD Code / Title 32 / Chapter 12 / Section 32-12-37
Special restricted license--Restrictions stated upon ordinary license
Status: in_force

The Department of Public Safety may either issue a special restricted license or may set forth such restrictions upon the usual license form.

Source: SL 1959, ch 261, § 12; SDC Supp 1960, § 44.03B12 (2); SL 2003, ch 272, § 23.
S.D. Codified Laws § 32-20A-24 — SD Code / Title 32 / Chapter 20A / Section 32-20A-24
Operation on state snowmobile trail or area--Violation as misdemeanor
Status: in_force

No person may operate a snowmobile on a state snowmobile trail or area established pursuant to the provisions of chapter 41-19 unless the snowmobile has a curb weight of less than fourteen hundred pounds, is driven by track contact with the snow, and is steered by ski contact with the snow. A violation of this section is a Class 2 misdemeanor.

Source: SL 2004, ch 216, § 1.
S.D. Codified Laws § 32-22-3.2 — SD Code / Title 32 / Chapter 22 / Section 32-22-3.2
Operation of farm implement exceeding width limitations--Restricted hours--Warning lights
Status: in_force

Any farm implement exceeding the width limitations prescribed by § 32-22-3 may be operated during the period of day between one - half hour after sunset and one - half hour before sunrise on the following day on any road not specified in § 32-22-2 , if the equipment has flashing or rotating white or amber warning lights placed at each side of the equipment's widest extremity. The warning lights shall be clearly visible to motorists approaching from front and rear.

Source: SL 1991, ch 258, § 3; SL 1995, ch 182, § 2.
S.D. Codified Laws § 32-17-15 — SD Code / Title 32 / Chapter 17 / Section 32-17-15
Vehicles requiring identification lamps--Mounting and spacing of identification lamps--Visibility--Violation as petty offense
Status: in_force

Every vehicle referred to in § 32-17-14 or combination of such vehicles having a length in excess of thirty feet or a width in excess of eighty inches shall be equipped with lamps on the front displaying three amber lights and lamps on the rear displaying three red lights, and the lights in each group shall be evenly spaced not less than six nor more than thirty inches apart along a horizontal line near the top of the vehicle and said lights shall be visible from distances of five hundred feet to the front and rear, respectively, of the vehicle. A violation of this section is a petty offense.

Source: SDC 1939, § 44.0352 (10); SL 1957, ch 227, § 2; SL 1965, ch 197, § 2; SL 1989, ch 255, § 49.
S.D. Codified Laws § 32-12-56.2 — SD Code / Title 32 / Chapter 12 / Section 32-12-56.2
Suspension, revocation, or disqualification for out-of-state conviction or final administrative decision
Status: in_force

The Department of Public Safety shall suspend, revoke, or disqualify the driver license or driving privilege of a resident of this state upon receiving notice of the conviction or final administrative decision from another state for an infraction which would provide grounds for suspension, revocation, or disqualification of the driver license or driving privilege in this state.

Source: SL 1992, ch 220, § 8; SL 2001, ch 171, § 108; SL 2003, ch 272, § 23.
S.D. Codified Laws § 32-19-3 — SD Code / Title 32 / Chapter 19 / Section 32-19-3
Pneumatic tires with metal studs permitted--Limitation--Violation as misdemeanor
Status: in_force

Notwithstanding any of the provisions of §§ 32-19-2 and 32-22-21 and 32-22-22 , no person may operate during the time period of May first to September thirtieth of each year, upon the highways of this state, a motor vehicle equipped with pneumatic tires in which there are embedded metal studs or wires of tungsten steel or other similar metal. However, any motor vehicle may be operated during the time period extending from October first to April thirtieth, and a school bus or a fire - fighting vehicle with a gross vehicle weight of over five thousand pounds owned or operated by any unit of local government may be operated anytime with such metal studs. A violation of this section is a Class 2 misdemeanor.

Source: SL 1965, ch 206; SL 1980, ch 226, § 7; SL 1981, ch 246; SL 1982, ch 241; SL 1984, ch 230, § 20; SL 1985, ch 255.
S.D. Codified Laws § 32-29-12 — SD Code / Title 32 / Chapter 29 / Section 32-29-12
Requirements for commercial motor vehicles approaching railroad grade crossing--Violation as misdemeanor
Status: in_force

The driver of any commercial motor vehicle, as defined in subdivision 32-12A-1(5), when approaching a railroad grade crossing shall:

(1) If not required to stop pursuant to § 32-29-5 , slow down when approaching a crossing and check that the railroad tracks are clear of an approaching train before proceeding;

(2) If not required to stop pursuant to § 32-29-5 , stop before reaching a crossing if the railroad tracks are not clear;

(3) Refrain from proceeding through a crossing if sufficient space is not available to drive completely through the crossing without stopping; and

(4) Ensure there is sufficient undercarriage clearance before negotiating a crossing.

A violation of the provisions of this section is a Class 2 misdemeanor.

Source: SL 2013, ch 149, § 2.
S.D. Codified Laws § 32-35-92 — SD Code / Title 32 / Chapter 35 / Section 32-35-92
Cancellation of certificate of self-insurance--Grounds--Failure to pay judgment
Status: in_force

Upon not less than five days' notice and a hearing pursuant to such notice, the Department of Public Safety may upon reasonable grounds cancel a certificate of self - insurance. Failure to pay any judgment within thirty days after such judgment shall have become final shall constitute a reasonable ground for the cancellation of a certificate of self - insurance.

Source: SL 1957, ch 212, § 71; SDC Supp 1960, § 44.03A66; SL 2004, ch 17, § 174.
S.D. Codified Laws § 32-6C-14.1 — SD Code / Title 32 / Chapter 6C / Section 32-6C-14.1
Cease and desist order for specified violations--Period of effectiveness
Status: in_force

In addition to any other remedy provided by law, the secretary of revenue may issue an order directing a snowmobile dealer to cease and desist from engaging in any act or practice enumerated in § 32-6C-14 . A cease and desist order issued pursuant to this section is effective for a period of two years.

Source: SL 2005, ch 162, § 11; SL 2008, ch 156, § 2; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-3A-47 — SD Code / Title 32 / Chapter 3A / Section 32-3A-47
Record of chain of title of large boat
Status: in_force

Except as otherwise provided in this chapter, every large boat certificate of title, upon transfer of ownership, shall contain a complete record showing the chain of title of such large boat from the owner named on the front of the title to and including the applicant presenting the same as evidence of ownership and applying for a new certificate of title.

Source: SL 1993, ch 322, § 33; SL 1994, ch 335, § 47; SDCL 42-8-99.
S.D. Codified Laws § 32-35-88 — SD Code / Title 32 / Chapter 35 / Section 32-35-88
Disposition of money or securities deposited--Payment of judgments--Attachment or execution against deposit
Status: in_force

A deposit pursuant to § 32-35-87 shall be held by the state treasurer to satisfy, in accordance with the provisions of this chapter, any execution on a judgment issued against such person making the deposit, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, resulting from the ownership, maintenance, use, or operation of a vehicle of a type subject to registration under the laws of this state after such deposit was made. Money or securities so deposited shall not be subject to attachment or execution unless such attachment or execution shall arise out of a suit for damages as aforesaid.

Source: SL 1957, ch 212, § 58; SDC Supp 1960, § 44.03A58.
S.D. Codified Laws § 32-12-42.3 — SD Code / Title 32 / Chapter 12 / Section 32-12-42.3
License expiration--Military and State Department personnel--Military spouses and dependents
Status: in_force

A valid operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, or motorcycle instruction permit is not subject to the one hundred eighty-day renewable period in § 32-12-42 and may be renewed at any time regardless of the expiration date, if held by:

(1) An active-duty member of the armed forces of the United States, as defined in § 33-1-1 ;

(2) An employee of the United States Department of State serving outside of the United States; or

(3) A spouse or a dependent of an active-duty member of the armed forces of the United States .

Source: SL 2025, ch 123, § 2.
S.D. Codified Laws § 32-9-23.1 — SD Code / Title 32 / Chapter 9 / Section 32-9-23.1
Alternate commercial fee by intrastate carriers--Amount of fees--Proof of registration or temporary permit--Certificate required for commercial use of certain noncommercial vehicles
Status: in_force

Motor carriers who make use of the highways of this state or haul overweight loads under special permit on the highways of this state may elect to pay a commercial motor vehicle fee of fifteen dollars per vehicle per trip. Proof of a valid motor vehicle registration, or temporary permit as provided in § 32-6B-26 , shall be presented at the time of application for the permit.

Source: SL 1971, ch 197, § 1; SL 1977, ch 249, § 35; SL 1984, ch 225, § 2; SL 1987, ch 213, § 2; SL 1988, ch 251, § 5; SL 1989, ch 264, § 10.
S.D. Codified Laws § 32-3-18 — SD Code / Title 32 / Chapter 3 / Section 32-3-18
Application for certificate--Contents--Fee--Assignment of previous certificate
Status: in_force

Application for a certificate of title shall be made to the county treasurer, upon a form prescribed by the secretary. The application shall contain a listing of all owners along with either a South Dakota driver license number or social security number, or, if a business, the federal employer identification number; the address of the applicant; a full description of the vehicle with vehicle identification numbers, if any; a statement of applicant's title and all liens and encumbrances on the vehicle; the county in which the vehicle is to be kept; and the names and addresses of the holders of all liens, title reservations, and encumbrances on the vehicle. The application shall be accompanied by a fee of ten dollars. Five dollars of the fee shall be deposited in the state motor vehicle fund and five dollars shall be deposited in the county general fund. If a certificate of title has previously been issued for the motor vehicle, trailer, or semitrailer in this state, it shall be accompanied by the certificate of title duly assigned, unless provided for in this chapter.

Source: SDC 1939, §§ 44.0202, 44.0203; SL 1945, ch 187; SL 1951, ch 229, § 2; SL 1955, ch 161; SDC Supp 1960, § 44.0202 (8); SL 1965, ch 186, § 2; SL 1976, ch 186; SL 1981, ch 231, § 1; SL 1988, ch 238, § 7A; SL 1989, ch 257, § 20; SL 2007, ch 173, § 15, eff. July 1, 2008; SL 2016, ch 47, § 4.
S.D. Codified Laws § 32-7A-5.1 — SD Code / Title 32 / Chapter 7A / Section 32-7A-5.1
Notice to surety company of denial, suspension, or revocation of license
Status: in_force

The department shall, upon denial, suspension, or revocation of any license, notify the surety company of the licensee, in writing, that the license has been denied, suspended, or revoked and shall state the reason for such denial, suspension, or revocation.

Source: SL 1986, ch 251, § 9.
S.D. Codified Laws § 32-6C-6 — SD Code / Title 32 / Chapter 6C / Section 32-6C-6
Books, records, and files to be kept--Inspection
Status: in_force

A dealer licensed under the provisions of this chapter shall keep books, records, or files for five years in the form prescribed by the department, and include the following in the dealer's books, records, or files:

(1) A record of the purchase, sale, or exchange, of any snowmobile;

(2) A description of each snowmobile purchased, sold, or exchanged, together with the name and address of the owner or other person from whom the snowmobile was purchased or received and to whom it was sold or delivered. The description must include the snowmobile identification number and manufacturer's make and model; and

(3) A certificate of title from the previous owner of any snowmobile not purchased from the manufacturer, from the time the snowmobile is delivered to the dealer until it has been disposed of by the dealer.

The books, records, and files shall, at all times during business hours of the day, be subject to inspection by the secretary of revenue.

Source: SL 1987, ch 223, § 6; SL 2005, ch 159, § 6; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011; SL 2021, ch 130, § 7.
S.D. Codified Laws § 32-24-10 — SD Code / Title 32 / Chapter 24 / Section 32-24-10
Street racing--Definitions
Status: in_force

For the purposes of §§ 32-24-11 to 32-24-16 , the following terms mean:

(1) "Burnout," a maneuver performed while operating a motor vehicle whereby the motor vehicle is kept stationary, or is in motion, while the wheels are spun, resulting in friction that causes the motor vehicle's tires to heat up and emit smoke;

(2) "Doughnut," a maneuver performed while operating a motor vehicle whereby the front or rear of the motor vehicle is rotated around the opposite set of wheels in a continuous motion that may cause one or both of the following:

(a) A circular skid-mark pattern of rubber on the driving surface; or

(b) The tires to heat up and emit smoke from friction;

(3) "Drag race," the operation of two or more vehicles, from a point, side by side, at accelerating speeds, in a competitive attempt to outdistance each other, or the operation of one or more motor vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of the motor vehicles within a certain distance or time limit;

(4) "Drifting," a maneuver performed while operating a motor vehicle whereby the motor vehicle is steered so that it makes a controlled skid sideways through a turn with the front wheels pointed in a direction opposite to that of the turn;

(5) "Race," the use of one or more vehicles in an attempt to:

(a) Outgain, outdistance, or prevent another vehicle from passing; or

(b) Arrive at a given destination ahead of another vehicle;

(6) "Street takeover," the taking over of a portion of a public highway, roadway, or parking lot by blocking or impeding the regular flow of traffic to perform a race, drag race, or stunt driving;

(7) "Stunt driving," to perform or engage in a burnout, doughnut, drifting, wheelie, or other dangerous motor vehicle activity on a public highway, roadway, or parking lot; and

(8) "Wheelie" a maneuver performed while operating a motor vehicle whereby a motor vehicle is ridden for a distance with the front wheel or wheels raised off the ground.

Source: SL 2025, ch 129, § 1.
S.D. Codified Laws § 32-6B-89 — SD Code / Title 32 / Chapter 6B / Section 32-6B-89
Licensed dealer permitted to take vehicle to adjoining county for demonstration
Status: in_force

A licensed dealer may take a vehicle to an adjoining county for demonstration purposes. For the purpose of this section, a demonstration is for the purpose of showing the qualities and characteristics common to vehicles of the same or similar models or types in parades.

Source: SL 2019, ch 130, § 13.
S.D. Codified Laws § 32-3-51.12 — SD Code / Title 32 / Chapter 3 / Section 32-3-51.12
Junking certificate required for vehicle being dismantled--Removal of identification number prohibited--Violation as felony
Status: in_force

Any owner of a motor vehicle that is being dismantled for the purpose of selling its parts shall apply for a junking certificate.

The license plates, registration card, and certificate of title shall accompany the application for junking certificate. The department shall cancel the registration card and the title on its records and issue a junking certificate. If the title shows any lien, the lien holder's consent to the issuance of the junking certificate shall be endorsed on the certificate of title. The owner may not remove the vehicle's identification number or other identification numbers. Removal of the vehicle's identification number or other identification numbers is a Class 6 felony.

Source: SL 1988, ch 238, § 8; SL 1989, ch 258; SL 1996, ch 190, § 3.
S.D. Codified Laws § 32-3-40 — SD Code / Title 32 / Chapter 3 / Section 32-3-40
Security interests created prior to enactment of statute
Status: in_force

The provisions of the law then in effect shall continue to apply to the deposit, filing, refiling, or other record whatsoever of a chattel mortgage, conveyance intended to operate as a mortgage, trust receipt, conditional sales contract, or other similar instrument or any copy of same covering a motor vehicle, trailer, or semitrailer, made prior to July 1, 1951.

Source: SDC 1939, § 44.0203 (1) as added by SL 1951, ch 229, § 3; SL 1965, ch 186, § 3.
S.D. Codified Laws § 32-17-27 — SD Code / Title 32 / Chapter 17 / Section 32-17-27
Lights on parked vehicles--Color and visibility--Vehicles parked within municipality--Violation as misdemeanor
Status: in_force

Whenever a vehicle is parked or stopped upon a highway whether attended or unattended during the times mentioned in § 32-17-4 , there shall be displayed upon such vehicle one or more lamps projecting a white or amber light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle and projecting red light visible under like conditions from a distance of five hundred feet to the rear, except that no lights need be displayed upon any such vehicle when parked within the corporate limits of a municipality. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0351; SL 1961, ch 230; SL 1963, ch 264; SL 1965, ch 196; SL 1989, ch 255, § 65.
S.D. Codified Laws § 32-6B-7.2 — SD Code / Title 32 / Chapter 6B / Section 32-6B-7.2
Increase in dealer bond amount--Implementation
Status: in_force

To implement any increase in the amount of a dealer bond, a dealer, upon renewal of a bond or upon annual renewal of a dealer license, whichever comes first, shall deliver to the department an original bond or a bond rider that is issued by the surety company showing the new bond amount.

Source: SL 2004, ch 207, § 5.
S.D. Codified Laws § 32-23-10.1 — SD Code / Title 32 / Chapter 23 / Section 32-23-10.1
Refusal to submit to chemical test or allow withdrawal of bodily substance admissible into evidence
Status: in_force

If a person refuses to submit to chemical analysis of the person's blood, urine, breath, or other bodily substance, or allow the withdrawal of blood or other bodily substance for chemical analysis as provided in § 32-23-10 , and that person subsequently stands trial for violation of § 32-23-1 or § 32-23-21 , such refusal may be admissible into evidence at the trial.

Source: SL 1980, ch 230, § 1; SL 1989, ch 274, § 2; SL 1998, ch 198, § 3.
S.D. Codified Laws § 32-32-5.2 — SD Code / Title 32 / Chapter 32 / Section 32-32-5.2
Use of red and amber lights by school bus operator--Violation as misdemeanor
Status: in_force

When stopping to receive or discharge pupils, the operator of a school bus to which § 32-32-5 applies shall cause the amber caution lights to be lighted at a distance of not less than three hundred feet nor more than five hundred feet from the point where the pupils are to be received or discharged from the bus. If the point of receiving or discharging pupils is:

(1) On the roadway, as defined by § 32-14-1 , in a rural, residential, and business district and off the roadway in a residential district, the operator shall bring the bus to a stop, turn off the amber caution lights, turn on the red flashing signal lights and extend the stop signal arm. After receiving or discharging pupils, the operator shall turn off the red flashing signal lights, retract the stop signal, and proceed en route; or

(2) Off the roadway in a business district and rural district and when discharging or receiving passengers at a school location when the passengers need not cross the lane of traffic, the operator shall bring the bus to a stop and turn off the amber caution lights and not activate the red flashing signal lights. After receiving or discharging passengers, the operator shall proceed en route.

A violation of this section is a Class 2 misdemeanor.

Source: SL 1963, ch 255, § 3; SDCL, § 32-32-5 ; SL 1970, ch 175, § 33; SL 1974, ch 228, § 1; SL 1975, ch 211, § 1; SL 1976, ch 30, § 4; SL 1977, ch 266; SL 1989, ch 255, § 218; SL 1992, ch 230, § 1.
S.D. Codified Laws § 32-15-2.3 — SD Code / Title 32 / Chapter 15 / Section 32-15-2.3
Glass impairing operator's vision prohibited
Status: in_force

No glass or glazing material may be cracked, broken, shattered, or distorted to the extent that it significantly impairs the vision of the motor vehicle operator.

Source: SL 1978, ch 228, § 3.
S.D. Codified Laws § 32-5-158.1 — SD Code / Title 32 / Chapter 5 / Section 32-5-158.1
Application for military specialty plate--Vehicle registered to business--Fee
Status: in_force

Any individual who is a business owner, and a veteran as defined in § 33A-2-1 , and who meets the requirements of §§ 32-5-154 to 32-5-166 , inclusive, may apply for and display one set of military specialty plates on a noncommercial vehicle registered to the business, provided the veteran is listed as an additional owner on the certificate of title of the vehicle pursuant to § 32-3-18 .

The vehicle registration must state each owner of the motor vehicle pursuant to §§ 32-5-2 and 32-5-3 .

The vehicle must be a noncommercial automobile, pickup truck, or van licensed pursuant to § 32-5-6 .

Pursuant to § 32-5-159 , the owner must pay an additional fee of ten dollars for the initial issuance of military specialty plates, in addition to noncommercial annual registration and plate fees, unless the owner is exempt from fees pursuant to § 32-5-160 .

Source: SL 2026, ch 131, § 1.
S.D. Codified Laws § 32-3-74 — SD Code / Title 32 / Chapter 3 / Section 32-3-74
Information to be provided to auction agency taking possession of vehicle at insurer's request
Status: in_force

If an insurer requests that an auction agency take possession of a motor vehicle that is the subject of an insurance claim and there is no total loss claim payment that results in transfer of ownership to the insurer of the motor vehicle, the department, upon request of the auction agency, shall provide the last known name and address of the record holder of title and any readily identifiable lienholder to the auction agency free of any charge.

Source: SL 2018, ch 176, § 1.
S.D. Codified Laws § 32-22-42.10 — SD Code / Title 32 / Chapter 22 / Section 32-22-42.10
Solid waste hauling vehicle weight restrictions--Fine on excess only--Violation as misdemeanor
Status: in_force

The limitations of § 32-22-16 do not apply to the maximum gross weight per axle of any vehicle hauling solid waste. However, the maximum gross weight of such a vehicle may not exceed the total weight limitation of all the axles combined as provided by § 32-22-16 , nor may any vehicle hauling solid waste exceed the maximum gross weight allowable per axle by five percent on any axle. This five percent exception does not apply to the interstate highway system. If enforcement action is taken, the fine or penalty shall apply to that portion of the load more than five percent above the legal limit. A violation of this section is a Class 2 misdemeanor.

Source: SL 1983, ch 243, § 1; SL 1984, ch 230, § 41; SL 1987, ch 235, § 3.
S.D. Codified Laws § 32-6B-37.1 — SD Code / Title 32 / Chapter 6B / Section 32-6B-37.1
Public auction to keep records--Inspection by dealer appointed inspectors
Status: in_force

Every public auction shall keep such books, records, and files as prescribed by the department. A record shall be kept of every vehicle offered for sale by or through the public auction, including the serial or vehicle identification number and a description of the vehicle and the name and address of the motor vehicle owner. If the vehicle is sold, the name and address of the person purchasing the motor vehicle and the price for which it is sold shall be recorded and maintained. Dealer inspectors appointed pursuant to § 32-6B-38 may inspect the books, records, or files required by the department or this section.

Source: SL 1997, ch 182, § 15.
S.D. Codified Laws § 32-25-27 — SD Code / Title 32 / Chapter 25 / Section 32-25-27
Low-speed vehicles
Status: in_force

No low-speed vehicle may be operated on any highway where the speed limit is more than thirty-five miles per hour. Nothing in this section prevents a local government from adopting more stringent local ordinances governing low-speed vehicle operation.

Source: SL 2008, ch 147, § 2.
S.D. Codified Laws § 32-3A-26 — SD Code / Title 32 / Chapter 3A / Section 32-3A-26
Manufacturer's or importer's certificate of origin for new large boats--Violation as misdemeanor
Status: in_force

No manufacturer or boat dealer may transfer ownership of a new large boat without supplying the transferee with the manufacturer's or importer's certificate of origin signed by the manufacturer's or importer's authorized agent. The certificate shall contain information the department requires. No boat dealer may purchase or acquire a new large boat without obtaining from the seller a manufacturer's statement of origin. Any person who does not comply with this section is guilty of a Class 2 misdemeanor.

Source: SL 1991, ch 362, § 11; SL 1993, ch 322, § 26; SL 1994, ch 335, § 34; SDCL 42-8-78; SL 1998, ch 74, § 16.
S.D. Codified Laws § 32-22-46 — SD Code / Title 32 / Chapter 22 / Section 32-22-46
Emergency movement of national defense vehicles
Status: in_force

The Division of Highway Patrol may allow the emergency movement of oversize and overweight vehicles at any time on any day over any public highway in the interest of national defense.

Source: SL 1963, ch 196; SL 1983, ch 335, § 28; SL 1987, ch 234, § 7; SL 1992, ch 372, § 17.
S.D. Codified Laws § 32-15-2.7 — SD Code / Title 32 / Chapter 15 / Section 32-15-2.7
Manufacturer certification of compliance with light transmission specifications
Status: in_force

Each manufacturer of film, glaze, or other application for a motor vehicle windshield or window shall certify to the Department of Public Safety that the film, glaze, or application the manufacturer makes or installs complies with the light transmission specifications of §§ 32-15-2.4 and 32-15-2.5 .

Source: SL 1989, ch 268, § 2; SL 1994, ch 257, § 3; SL 2004, ch 17, § 138.
S.D. Codified Laws § 32-35-105 — SD Code / Title 32 / Chapter 35 / Section 32-35-105
Insurance required by other statutes unaffected
Status: in_force

Except for § 32-35-89 this chapter shall not apply with respect to any vehicle which is subject to the requirements of any other act requiring insurance or other security with respect to any types of motor vehicles.

Source: SL 1957, ch 212, § 70; SDC Supp 1960, § 44.03A65.
S.D. Codified Laws § 32-25-3 — SD Code / Title 32 / Chapter 25 / Section 32-25-3
Requirement that speed be reasonable and lawful under statutes--Violation as misdemeanor
Status: in_force

It is a Class 2 misdemeanor for any person to drive a motor vehicle on a highway located in this state at a speed greater than is reasonable and prudent under the conditions then existing or at speeds in excess of those fixed by this chapter or provided by the Transportation Commission.

Source: SDC 1939, § 44.0303; SL 1941, ch 187, § 1; SL 1955, ch 168; SL 1959, ch 251, § 1; SDC Supp 1960, § 44.0303 (1); SL 1989, ch 255, § 123.
S.D. Codified Laws § 32-6B-5.5 — SD Code / Title 32 / Chapter 6B / Section 32-6B-5.5
Permit for manufacturer to display trailers at event
Status: in_force

A person who is engaged in the business of manufacturing trailers may display any trailer at an event without a license issued under this chapter if the person meets the provisions of this section. Before displaying any trailer, the person shall register and purchase a permit from the department. The permit does not allow the sale of any trailer. The fee for the permit is five hundred dollars. However, if the permit is purchased before the start of the event, the fee is two hundred fifty dollars. The permit is valid for fifteen consecutive days. Any person found to be in violation of the provisions of this section shall be denied a permit for a period of fifteen months from the date of the violation.

Source: SL 2019, ch 130, § 10.
S.D. Codified Laws § 32-39-2 — SD Code / Title 32 / Chapter 39 / Section 32-39-2
Warranties--Schedule--Compensation
Status: in_force

The schedule of compensation for warranty work governed by § 32-39-1 shall include reasonable compensation for diagnostic work, as well as repair service, parts, labor, and transportation of equipment for warranty repairs. Reimbursement for transportation of equipment to the dealership for needed warranty repairs and the return of the equipment is at the dealership's retail rate if the customer is within the dealer's designated area of responsibility. Time allowances for diagnosis and performance of warranty work and service shall be adequate for the work to be performed. The hourly labor rate paid the dealer for warranty services may not be less than the rate charged by the dealer for like services to nonwarranty customers for nonwarranty service. Reimbursement for parts used in the performance of warranty repair may not be less than the amount paid by the dealer to acquire the parts plus a reasonable allowance for handling, which may not be less than thirty percent.

Source: SL 1998, ch 173, § 2.
S.D. Codified Laws § 32-5B-17 — SD Code / Title 32 / Chapter 5B / Section 32-5B-17
Disposition of revenue
Status: in_force

All revenues received pursuant to §§ 32-5B-1 and 32-5B-20 shall be credited to the state highway fund.

Source: SL 1985, ch 241, § 9; SL 1994, ch 245, § 6.
S.D. Codified Laws § 32-24-6 — SD Code / Title 32 / Chapter 24 / Section 32-24-6
Prosecution for reckless driving--Trial on former conviction or convictions after guilty finding on principal offense charged
Status: in_force

On a finding of guilty on the first part of the information described in § 32-24-4 , a plea shall be taken and, if necessary, an election made on the second part and a trial thereon proceeded with, and until such time no information as to the second part of the information shall be divulged to the jury. If the accused has elected a jury trial in the second part of the information, such trial may be had to the same or another jury as the court may direct.

Source: SL 1982, ch 249, § 4.
S.D. Codified Laws § 32-10-1 — SD Code / Title 32 / Chapter 10 / Section 32-10-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Administrator," the secretary of revenue;

(2) "Commercial vehicle," any vehicle which is operated in interstate commerce in furtherance of any commercial enterprise;

(3) "Department," the Department of Revenue;

(4) "Interstate commerce," the movement of a vehicle between jurisdictions but does not include the movement of any vehicle which transports or is being used to transport persons or property, the transportation of which originates in one jurisdiction and passes into or through another jurisdiction or jurisdictions, for delivery in the jurisdiction in which the transportation originated;

(5) "Jurisdiction," a state, district, territory, or possession of the United States, a foreign country, and a state or province of a foreign country;

(6) "Motor vehicle," shall have the meaning ascribed to it by § 32-9-1 ;

(7) "Owner," as defined in subdivision § 32-3-1 , except that for the purposes of proportional registration of vehicles as authorized and provided in §§ 32-10-10 and 32-10-15 to 32-10-28 , inclusive, "owner" means a person who holds a legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale 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 in the event while a vehicle is subject to a lease with an immediate right of possession vested in the lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee, lessee or mortgagee is considered to be the owner;

(8) "Person" shall have the meaning ascribed to it by § 32-9-1 ;

(9) "Preceding year," a period of twelve consecutive months fixed by the administrator which period shall be within the sixteen months immediately preceding the commencement of the registration or license year for which proportional registration is sought; and the administrator in fixing such period shall make it conform to the terms, conditions, and requirements of any applicable agreement or arrangement for the proportional registration of vehicles;

(10) "Properly registered," as applied to place of registration:

(a) The jurisdiction where the person registering the vehicle has his legal residence; or

(b) In the case of a commercial vehicle, the jurisdiction in which it is registered if the commercial enterprise in which such vehicle is used has a place of business therein, and, if the vehicle is most frequently dispatched, garaged, serviced, maintained, operated, or otherwise controlled in or from such place of business, and, the owner has assigned the vehicle to such place of business; or

(c) In the case of a commercial vehicle, the jurisdiction where, because of an agreement or arrangement between two or more jurisdictions, or pursuant to a declaration, the vehicle has been registered as required by said jurisdiction.

In case of doubt or dispute as to the proper place of registration of a vehicle, the administrator shall make final determination, but in making such determination, may confer with administrators of the other states or jurisdictions affected;

(11) "Vehicle" shall have the meaning ascribed to it by § 32-9-1 .

Source: SL 1961, ch 237, § 2; SL 1988, ch 251, § 11; SL 2004, ch 17, § 120; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2025, ch 44, § 16.
S.D. Codified Laws § 32-35-125 — SD Code / Title 32 / Chapter 35 / Section 32-35-125
Low-speed vehicles
Status: in_force

Each low-speed vehicle shall maintain insurance as required by § 32-35-113 .

Source: SL 2008, ch 147, § 5.
S.D. Codified Laws § 32-41-12 — SD Code / Title 32 / Chapter 41 / Section 32-41-12
Local control of traffic if not in conflict
Status: in_force

Nothing in § 32-41-11 may be interpreted or construed to prohibit a political subdivision of the state from exercising the powers and authorities provided by law to govern the public streets and roadways within their respective jurisdictions, provided it does not impose additional requirements in conflict with this chapter or otherwise differentiate the treatment of fully autonomous vehicles, automated driving systems, or on-demand autonomous vehicle networks from non-autonomous vehicles.

Source: SL 2024, ch 122, § 13.
S.D. Codified Laws § 32-15-13.1 — SD Code / Title 32 / Chapter 15 / Section 32-15-13.1
Silage and seasonal farm trucks exempt--Gross weight--Restrictions on use
Status: in_force

Any silage truck or seasonal farm truck, licensed under the provisions of § 32-5-97.1 and having a gross vehicle weight of six to twenty tons, shall be exempt from the provisions of §§ 32-15-1 , 32-15-2 , 32-15-5 , 32-15-7 , 32-15-10 , and 32-15-13 ; provided, however, such motor vehicles shall be operated only during daylight hours and only within a twenty - five mile road distance of the main entrance to the farm where such vehicle is ordinarily parked.

Source: SL 1975, ch 213.
S.D. Codified Laws § 32-7B-5 — SD Code / Title 32 / Chapter 7B / Section 32-7B-5
Verification of application--Refusal of application
Status: in_force

The department shall, in the case of every application for initial license, 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 this chapter.

Source: SL 1998, ch 185, § 5.
S.D. Codified Laws § 32-6D-7 — SD Code / Title 32 / Chapter 6D / Section 32-6D-7
Affirmative defenses to claim against manufacturer
Status: in_force

It is an affirmative defense to any claim against the manufacturer under this chapter that:

(1) An alleged nonconforming condition does not significantly impair the use, market value, or safety of the motor vehicle; or

(2) A nonconforming condition is a result of abuse, neglect, or any modification or alteration of a motor vehicle by a consumer that is not authorized by the manufacturer.

Source: SL 1993, ch 227, § 7.
S.D. Codified Laws § 32-12-19 — SD Code / Title 32 / Chapter 12 / Section 32-12-19
Temporary permit pending issuance of license
Status: in_force

The Department of Public Safety may issue a temporary permit allowing the applicant to operate a motor vehicle while the department is completing its investigation and determination of all facts relative to the applicant's right to receive a driver license. The temporary permit shall be in that person's immediate possession while operating a motor vehicle, and it shall be invalid when the applicant's license has been issued or for good cause has been refused.

Source: SL 1959, ch 261, § 4; SDC Supp 1960, § 44.03B04 (3); SL 1989, ch 265, § 20; SL 2001, ch 171, § 23; SL 2003, ch 272, § 23.
S.D. Codified Laws § 32-14-6 — SD Code / Title 32 / Chapter 14 / Section 32-14-6
Restrictions respecting weight of vehicle--Duration of period of restriction--Signs designating restricted area
Status: in_force

Local authorities, including road districts, may by ordinance or resolution prohibit the operation of vehicles upon any highway or impose restrictions as to the weight of vehicles allowed. Such prohibitions or restrictions apply only to vehicles to be operated upon any highway under the jurisdiction of and for the maintenance of which such local authorities are responsible and only if the highway by reason of physical condition, rain, snow, or other climatic conditions will be seriously damaged or destroyed unless the use of vehicles on the highway is prohibited or the permissible weights of the vehicles are reduced. Any local authority enacting any such ordinance or resolution shall erect and maintain or cause to be erected and maintained signs designating the provisions of the ordinance or resolution at each end of that portion of any highway affected by the ordinance or resolution. The ordinance or resolution is not valid unless such signs are erected and maintained.

Source: SDC 1939, § 44.0343; SL 1999, ch 151, § 6; SL 2002, ch 158, § 3.
S.D. Codified Laws § 32-7A-17 — SD Code / Title 32 / Chapter 7A / Section 32-7A-17
Affidavit of taxes paid and registration of mobile home required for transfer of title--Violation as misdemeanor
Status: in_force

Any transfer or reassignment of a mobile home or manufactured home title shall be accompanied by an affidavit issued by the county treasurer of the county in which the mobile home or manufactured home is registered, stating that the taxes that are due and payable at the time of transfer have been paid in full. No title may be transferred until the taxes under § 10-9-3 or 10-21-4 are paid. No transfer of title may be completed unless the mobile home or manufactured home is registered as provided in § 10-9-3 or 10-4-2.6 . The title or manufacturer's statement of origin shall be transferred pursuant to the provisions of §§ 32-3-3.1 and 32-3-27 . A violation of this section is a Class 2 misdemeanor.

Source: SL 1984, ch 223, § 10; SL 1986, ch 251, § 14; SL 1993, ch 88, § 2; SL 1997, ch 52, § 4; SL 1999, ch 45, § 5; SL 2000, ch 42, § 28; SL 2015, ch 156, § 18; SL 2018, ch 59, § 5.