S.D. Codified Laws § 32-35-118 — SD Code / Title 32 / Chapter 35 / Section 32-35-118
Applicability of financial responsibility program to owner when another person is driver--Notice to state's attorney--New and used motor vehicle dealers exempted
Status: in_force

If a driver is stopped and requested to produce proof of financial responsibility does not do so, and is not the owner of that vehicle, but is operating that vehicle with the permission of the owner, the driver may not be cited, and the provisions of §§ 32-35-113 to 32-35-122 , inclusive, apply to the owner rather than the driver. A law enforcement officer having stopped such a vehicle operated by someone other than the owner shall take down the necessary information and turn it over to the state's attorney for possible prosecution against the owner. However, the prosecuting attorney shall request that a summons be issued pursuant to § 23A-2-2 rather than an arrest warrant.

However, the provisions of this section do not apply to any new or used motor vehicle dealer who in the course of his business may allow a customer to drive any new or used motor vehicle from his inventory of vehicles.

Source: SL 1986, ch 269, § 6; SL 1987, ch 242; SL 1989, ch 265, § 33; SL 1993, ch 241.
S.D. Codified Laws § 32-15-2.10 — SD Code / Title 32 / Chapter 15 / Section 32-15-2.10
Compliance with meter manufacturer's testing procedure--Serial number and certification date noted on citation for violation
Status: in_force

Any testing equipment used to enforce § 32-15-2.4 or 32-15-2.5 shall be used in compliance with the meter manufacturer's testing procedures. The law enforcement officer shall note on any citation for a violation of § 32-15-2.4 or § 32-15-2.5 the serial number of the meter used and the date the meter was certified.

Source: SL 1994, ch 257, § 6.
S.D. Codified Laws § 32-7A-5 — SD Code / Title 32 / Chapter 7A / Section 32-7A-5
Bond required for license
Status: in_force

No license as provided in § 32-7A-3 may be issued to anyone, until the applicant executes a bond issued by a company licensed to do business in this state, as surety in the amount of twenty-five thousand dollars. The bond shall be payable to the Department of Revenue for the use and benefit of any purchaser or holder of lien to pay any loss, damages, and expenses resulting from the failure of any title for any fraudulent misrepresentation or breach of warranty as to freedom from a lien. If any claim is made to the department against such 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 1984, ch 223, § 5; SL 2004, ch 17, § 98; SL 2004, ch 207, § 4; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-5-1.2 — SD Code / Title 32 / Chapter 5 / Section 32-5-1.2
Mopeds exempt from chapter
Status: in_force

Mopeds as defined in § 32-20-1 are exempt from the provisions of this chapter unless the applicant wishes to license a moped.

Source: SL 1978, ch 230, § 9; SL 1989, ch 257, § 50.
S.D. Codified Laws § 32-7B-29 — SD Code / Title 32 / Chapter 7B / Section 32-7B-29
Auction of boat covered by lien--Consent and release of lien holder--Violation as misdemeanor
Status: in_force

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

Source: SL 1998, ch 185, § 29.
S.D. Codified Laws § 32-19-8 — SD Code / Title 32 / Chapter 19 / Section 32-19-8
Number of towed farm vehicles limited--Violation as petty offense
Status: in_force

A farm tractor, or other type of farm power unit, may draw not to exceed two other vehicles or implements of husbandry upon the public highways of this state, if such equipment is being used exclusively by the farmer for the purpose of transporting to and from his farm agricultural commodities or products, or is being used for agricultural purposes relating to the operation and maintenance of his farm, any other statute notwithstanding. A violation of this section is a petty offense.

Source: SDC 1939, § 44.0345 as added by SL 1955, ch 174; SL 1963, ch 263; SL 1989, ch 255, § 90.
S.D. Codified Laws § 32-12-29 — SD Code / Title 32 / Chapter 12 / Section 32-12-29
Unlicensable persons--Minors under sixteen--Exceptions
Status: in_force

The Department of Public Safety may not issue any license under this chapter to any person who is under the age of sixteen years, except that the department may issue a restricted minor's permit, motorcycle restricted minor's permit, instruction permit, or motorcycle instruction permit as provided in §§ 32-12-11 to 32-12-15 , inclusive, 32-12-11.1 , and 32-12-12.1 , to any person who is at least fourteen years of age.

Source: SL 1959, ch 261, § 3; SDC Supp 1960, § 44.03B03 (1); SL 2001, ch 171, § 30; SL 2003, ch 272, § 23.
S.D. Codified Laws § 32-20B-9 — SD Code / Title 32 / Chapter 20B / Section 32-20B-9
Electric bicycle defined--Classes
Status: in_force

For purposes of this chapter, the term, electric bicycle, means a bicycle or a tricycle that is equipped with a seat or saddle, with operable pedals for propulsion, and with an electric motor of seven hundred fifty watts or less.

An electric bicycle is a Class I electric bicycle if the motor provides assistance only when the person is pedaling and ceases to provide assistance when a speed of twenty miles per hour is achieved.

An electric bicycle is a Class II electric bicycle if the motor is capable of propelling the bicycle without the person pedaling and ceases to provide assistance when a speed of twenty miles per hour is achieved.

An electric bicycle is a Class III electric bicycle if the motor provides assistance only when the person is pedaling and ceases to provide assistance when a speed of twenty-eight miles per hour is achieved.

Source: SL 2019, ch 135, § 1.
S.D. Codified Laws § 32-10-37 — SD Code / Title 32 / Chapter 10 / Section 32-10-37
Billing--Late penalty--Temporary operating authority--Failure to provide additional information--Penalty
Status: in_force

Any billing for fees arising from licensing pursuant to the provisions of this chapter or the terms of an agreement authorized by this chapter and entered into with other jurisdictions shall be due and owed upon receipt. Any billing resulting from issuing temporary operating authority, not paid within thirty days of the billing will be assessed a penalty equal to ten percent of the fees owed or ten dollars whichever is greater. An applicant who fails to pay the fee within thirty days of the billing is also subject to an interest charge of one and one - half percent or five dollars whichever is greater for the first month and one and one - half percent per month or part thereof, thereafter. Any applicant who is issued temporary operating authority by the department, who fails to provide the information needed to regularly license within twenty days of the issuance of the temporary operating authority shall be assessed a penalty in the amount of twenty dollars. For reasonable cause shown, the secretary may reduce or eliminate a penalty imposed by this provision.

Source: SL 1994, ch 240, § 9.
S.D. Codified Laws § 32-24-15 — SD Code / Title 32 / Chapter 24 / Section 32-24-15
Street racing--Civil enforcement--Penalty--Lien
Status: in_force

The state's attorney for the county in which a violation of § 32-24-11 or 32-24-12 occurs may commence a civil in rem proceeding against the vehicle used in conjunction with the violation. If it is established by a preponderance of the evidence that the charged vehicle was used in violation of § 32-24-11 or 32-24-12 , a civil penalty of one thousand dollars must be assessed against the vehicle, which shall constitute a lien on the vehicle until the penalty is satisfied.

Source: SL 2025, ch 129, § 6.
S.D. Codified Laws § 32-3-51.17 — SD Code / Title 32 / Chapter 3 / Section 32-3-51.17
Junking certificate for nonrebuildable vehicle
Status: in_force

Any motor vehicle, trailer, or semitrailer whose title has been marked as nonrebuildable, parts only, or whose owner has designated that the vehicle should not be placed upon the roads and highways, shall receive a junking certificate.

Source: SL 1996, ch 190, § 2.
S.D. Codified Laws § 32-7A-11 — SD Code / Title 32 / Chapter 7A / Section 32-7A-11
Transportation of manufactured and mobile homes owned by dealer
Status: in_force

New and used mobile homes and manufactured homes owned by a dealer may be transported upon the streets and highways to the dealer's place of business and to the purchaser of such a home and between a dealer's place of business and a supplemental lot or a temporary supplemental lot.

Source: SL 1984, ch 223, § 11; SL 1986, ch 251, § 12; SL 1999, ch 45, § 7; SL 2000, ch 42, § 29; SL 2005, ch 71, § 14.
S.D. Codified Laws § 32-26-21.6 — SD Code / Title 32 / Chapter 26 / Section 32-26-21.6
Motorized scooter ordinances authorized in municipalities
Status: in_force

Notwithstanding the provisions of § 32-25-27 , a municipality may adopt, by ordinance, traffic regulations permitting the use of a motorized foot scooter on any street, bike path, or multi-use path within its platted boundaries.

Source: SL 2022, ch 101, § 1, eff. Mar. 16, 2022.
S.D. Codified Laws § 32-20A-1.1 — SD Code / Title 32 / Chapter 20A / Section 32-20A-1.1
Exception for raceway facility events--Approval required for certain cross-country races--Rules for safety standards and financial responsibility
Status: in_force

The provisions of § 32-20A-2 are not applicable to a person operating a snowmobile in an organized track racing event on a raceway facility. For cross - country races using portions of highways, the sponsoring organization shall obtain the approval of the Department of Public Safety prior to the race regarding the route of the race, and the race shall be conducted in accordance with rules promulgated by the department. The secretary of public safety may adopt rules setting safety standards and financial responsibility requirements of the sponsoring organization.

Source: SL 1977, ch 263, § 1; SL 1982, ch 18, § 27; SL 1990, ch 256, § 1; SL 2003, ch 272, § 121.
S.D. Codified Laws § 32-36-5 — SD Code / Title 32 / Chapter 36 / Section 32-36-5
Title information to be furnished to removal agency
Status: in_force

For the purposes of this chapter, the Department of Revenue shall cooperate with any removal agency by providing the last known address of the record holder of title and any readily identifiable lien holders free of charge.

Source: SL 1972, ch 197, § 5 (3); SL 1973, ch 2, § 34(a); SL 1984, ch 343, §§ 17, 18; SL 1985, ch 268, § 4.
S.D. Codified Laws § 32-12A-8.2 — SD Code / Title 32 / Chapter 12A / Section 32-12A-8.2
Out-of-service order for motor carrier operation--Violation--Misdemeanor
Status: in_force

No person may drive a commercial motor vehicle on the highways of this state while the motor carrier operation employing the person is subject to any out-of-service order. A violation of this section is a Class 2 misdemeanor.

Source: SL 2022, ch 95, § 2.
S.D. Codified Laws § 32-3A-5 — SD Code / Title 32 / Chapter 3A / Section 32-3A-5
Issuance of certificate and decals--Display of number and decals--Violation as misdemeanor
Status: in_force

Upon receipt of an application under § 32-3A-4 in approved form, the county treasurer shall enter the application upon the records of its office and issue to the applicant a registration stating the number awarded to the boat and two validation decals. The registration shall state the name and address of the owner. The owner shall attach to each side of the bow of the boat the boat number assigned and validation decal as prescribed by rules of the department so the boat number and validation decal are clearly visible. Failure to properly attach and display a boat number or validation decal as provided by this section is a Class 2 misdemeanor.

Source: SL 1959, ch 125, § 4; SDC Supp 1960, § 25.1404 (1); SL 1963, ch 143, § 2; SL 1979, ch 290; SL 1984, ch 279, § 4; SL 1988, ch 346, § 2; SL 1993, ch 322, § 5; SDCL 42-8-6; SL 1998, ch 74, § 7.
S.D. Codified Laws § 32-6B-3.5 — SD Code / Title 32 / Chapter 6B / Section 32-6B-3.5
Auction on consignment of older motorcycle titled in another state
Status: in_force

Notwithstanding the provisions of subdivision 32-6B-5(4), any motorcycle, including a motorcycle owned by a dealer who has obtained a permit under the provisions of § 32-6B-5.4 but who is licensed in another state, that is not titled in South Dakota, and that is at least thirty years old, may be sold at a public auction on consignment if the title of the vehicle is issued in the name of the seller. All other provisions of this chapter pertaining to consignment sales or public auction need to be met.

Source: SL 1998, ch 177, § 2; SL 2011, ch 140, § 2; SL 2014, ch 145, § 4; SL 2019, ch 130, § 18.
S.D. Codified Laws § 32-6B-58.3 — SD Code / Title 32 / Chapter 6B / Section 32-6B-58.3
Manufacturer or component manufacturer--Charge back--Permitted in certain circumstances
Status: in_force

A manufacturer or component manufacturer may charge back a warranty claim if:

(1) The claim was false or fraudulent; or

(2) The repairs were not necessary to correct the defective condition under accepted standards of workmanship.

Source: SL 2023, ch 100, § 3.
S.D. Codified Laws § 32-5-10.1 — SD Code / Title 32 / Chapter 5 / Section 32-5-10.1
Motorcycle safety education fee--Amount and payment
Status: in_force

In addition to the license fees and compensation required pursuant to § 32-5-9 for motorcycles, a motorcycle safety education fee of seven dollars shall be paid at the time of registration of each motorcycle.

Source: SL 1982, ch 227, § 1; SL 1991, ch 240; SL 1994, ch 239; SL 2005, ch 156, § 1.
S.D. Codified Laws § 32-12A-6 — SD Code / Title 32 / Chapter 12A / Section 32-12A-6
Possession of commercial driver license or learner's permit required for vehicle operation--Violation as misdemeanor
Status: in_force

No person may drive a commercial motor vehicle on the highways of this state unless the person holds and has in immediate possession a commercial learner's permit or commercial driver license with applicable endorsements valid for the vehicle the person is driving. A violation of this section is a Class 2 misdemeanor.

Source: SL 1989, ch 267, § 5; SL 1997, ch 190, § 1; SDCL § 32-12-82; SL 2001, ch 171, §§ 76, 115; SL 2015, ch 168, § 5.
S.D. Codified Laws § 32-7B-17.2 — SD Code / Title 32 / Chapter 7B / Section 32-7B-17.2
Hearing on question of whether violations occurred--Procedures
Status: in_force

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

Source: SL 2005, ch 162, § 32.
S.D. Codified Laws § 32-30-5 — SD Code / Title 32 / Chapter 30 / Section 32-30-5
Safeguarding of unattended vehicle--Violation as petty offense
Status: in_force

No person driving or in charge of a motor vehicle may permit it to stand unattended without effectively setting the brake thereon and, if standing upon any grade, turning the front wheel to the curb or side of the highway. A violation of this section is a petty offense.

Source: SDC 1939, § 44.0326; SL 1970, ch 175, § 30; SL 1971, ch 194; SL 1989, ch 255, § 208.
S.D. Codified Laws § 32-35-52 — SD Code / Title 32 / Chapter 35 / Section 32-35-52
Suspension of license for failure to pay judgment
Status: in_force

The Department of Public Safety upon receipt of a certified copy of a judgment shall forthwith suspend the license and any nonresident's operating privilege and the Department of Revenue shall forthwith suspend the registration of any person against whom such judgment was rendered except as provided in §§ 32-35-53 to 32-35-56 , inclusive.

Source: SL 1957, ch 212, § 37; SDC Supp 1960, § 44.03A37; SL 1971, ch 195; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2004, ch 17, § 158; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-3A-21 — SD Code / Title 32 / Chapter 3A / Section 32-3A-21
Time for application for certificate of title--Form and content of application
Status: in_force

Each owner of a large boat subject to titling under §§ 32-3A-20 to 32-3A-32 , inclusive, shall apply to the county treasurer for issuance of a certificate of title for the large boat within forty-five days after acquisition. The application shall be on forms the department prescribes, and accompanied by the certificate of title or other acceptable ownership document previously issued for the boat if the boat is used or the manufacturer's statement of origin if the boat is new, a bill of sale and the required fee. The application shall contain the date of sale and purchase price of the large boat or the fair market value if no sale immediately preceded the transfer, and any additional information the department requires. If the application is made for a large boat last previously registered or titled in another state or foreign country, the application shall contain this information and any other information the department requires.

Source: SL 1991, ch 362, § 4; SL 1993, ch 322, § 20; SL 1994, ch 335, § 30; SDCL § 42-8-72; SL 1998, ch 74, § 14; SL 2015, ch 156, § 6.
S.D. Codified Laws § 32-15-29 — SD Code / Title 32 / Chapter 15 / Section 32-15-29
Excess lash or free play in steering system--Test standards--Violation as petty offense
Status: in_force

No person may operate a motor vehicle required to be registered in this state which has an unloaded weight of six thousand pounds or less, other than a motorcycle, on a public highway, unless the motor vehicle shall be capable of complying with the following test for excess lash or free play in the steering system: with the engine on and the wheels in the straight ahead position, the steering wheel shall be turned in one direction until there is a perceptible movement of a front road wheel; if a point on the steering wheel rim moves more than the value shown in the following table before perceptible return movement of the road wheel under observation, there is excessive lash or free play in the steering system:

Steering Wheel Diameter

Lash

16 inches or less

2 inches

18 inches

2 - 1/4 inches

20 inches

2 - 1/2 inches

22 inches

2 - 3/4 inches

A violation of this section is a petty offense.

Source: SL 1977, ch 260, § 1 (8); SL 1989, ch 255, § 40.
S.D. Codified Laws § 32-36-3 — SD Code / Title 32 / Chapter 36 / Section 32-36-3
Authority of removal agency generally
Status: in_force

Any removal agency may remove and salvage abandoned, and junk motor vehicles and other scrap metal and may locate, enumerate, and mark; secure authorization for removal; remove, collect, and store; and secure transportation to processing centers for any abandoned or junk motor vehicles and other scrap metals.

Source: SL 1972, ch 197, § 3; SL 1985, ch 268, § 2.
S.D. Codified Laws § 32-6B-20.2 — SD Code / Title 32 / Chapter 6B / Section 32-6B-20.2
Offer to sell, sale, or exchange of vehicle without certificate of title allowed under specified circumstances
Status: in_force

A dealer may offer for sale, sell, or exchange a vehicle without a certificate of title if the dealer complies with the following applicable provisions:

(1) The dealer has a record of purchase, sale, or exchange of a vehicle to include the satisfaction of any outstanding liens or encumbrances and a secured power of attorney;

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

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

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

Source: SL 2005, ch 159, § 3.
S.D. Codified Laws § 32-15-38 — SD Code / Title 32 / Chapter 15 / Section 32-15-38
Counterfeit airbags--Prohibition--Violation as misdemeanor
Status: in_force

No person may knowingly:

(1) Import, manufacture, sell, offer for sale, install, or reinstall in a motor vehicle a counterfeit supplemental restraint system component, a nonfunctional airbag, or an object that does not comply with 49 C.F.R. § 571.208 as of September 26, 2022, for the make, model, and year of the motor vehicle;

(2) Sell, offer for sale, install, or reinstall in any motor vehicle a device that causes the diagnostic system of the motor vehicle to inaccurately indicate that the motor vehicle is equipped with a properly functioning airbag; and

(3) Sell, lease, trade, or transfer a motor vehicle if the person knows that a counterfeit supplemental restraint system component, a nonfunctional airbag, or an object that does not comply with 49 C.F.R. § 571.208 as of September 26, 2022, for the make, model, and year of the motor vehicle, has been installed in the motor vehicle as part of the airbag.

A person who violates this section is guilty of a Class 2 misdemeanor.

Source: SL 2023, ch 105, § 2.
S.D. Codified Laws § 32-41-5 — SD Code / Title 32 / Chapter 41 / Section 32-41-5
Accident involving fully autonomous vehicles--Owner duties
Status: in_force

In the event of an accident involving a fully autonomous vehicle:

(1) The fully autonomous vehicle must remain on the scene of the crash as required by chapter 32-34 ;

(2) The owner of the fully autonomous vehicle, or a person on behalf of the vehicle owner, shall report any crashes or collisions consistent with chapter 32-34 ; and

(3) The vehicle's failure to remain at the scene of the accident or to otherwise operate in compliance with the requirements of chapter 32-34 must be imputed to the owner of the vehicle, who may be charged and convicted of a violation of chapter 32-34 .

Source: SL 2024, ch 122, § 5.
S.D. Codified Laws § 32-6C-10 — SD Code / Title 32 / Chapter 6C / Section 32-6C-10
Temporary license permit--Restrictions on use--Renewal or alteration prohibited--Violation as misdemeanor
Status: in_force

If a snowmobile is sold by a licensed dealer, the dealer may provide a temporary forty-five day license permit which is a permit to operate the snowmobile in this state for a period of forty-five days after the date of sale or until the time the purchaser receives the regular license decals from the county treasurer, whichever occurs first. No dealer may use the permit upon any snowmobile owned by the dealer or for any purpose other than for snowmobiles sold by the dealer. No person may renew the temporary license permit nor change or alter the date or other information on the permit. A violation of this section is a Class 1 misdemeanor.

Source: SL 1987, ch 223, § 10; SL 1997, ch 186, § 1; SL 1999, ch 157, § 1; SL 2015, ch 156, § 17.
S.D. Codified Laws § 32-36-9 — SD Code / Title 32 / Chapter 36 / Section 32-36-9
Vesting of title in removal agency after notice sent--Time allowed for holder of title or lien holder to reclaim--Notice of intent to reclaim--Failure to reclaim
Status: in_force

Notwithstanding any statutes to the contrary, title to any abandoned or junk motor vehicle, any impounded vehicle, or other scrap metal shall vest in the removal agency after a period of thirty days from the date on which notice was sent under § 32-36-8 . The record holder of title or the lien holder may reclaim the motor vehicle or other scrap metal. The lien holder and record holder of title shall notify the department in writing within thirty days of their intent to reclaim the motor vehicle. However, if the record holder of title fails to claim and remove the motor vehicle or other scrap metal within thirty days after mailing of notice, title to the vehicle is irrevocably vested in the removal agency.

Source: SL 1972, ch 197, § 6; SL 1985, ch 268, § 8; SL 1987, ch 245, § 4; SL 1998, ch 195, § 5.
S.D. Codified Laws § 32-18-25 — SD Code / Title 32 / Chapter 18 / Section 32-18-25
Safeguard against air backflow from reservoir through supply line--Violation as misdemeanor
Status: in_force

Air brake systems installed on trailers manufactured or assembled after July 1, 1967, shall be so designed that the supply reservoir used to provide air for the brakes shall be safeguarded against backflow of air from the reservoir through the supply line. A violation of this section is a Class 2 misdemeanor.

Source: SL 1967, ch 197, § 1 (f); SL 1989, ch 255, § 84.
S.D. Codified Laws § 32-17-24.1 — SD Code / Title 32 / Chapter 17 / Section 32-17-24.1
Headlamps on mopeds--Violation as petty offense
Status: in_force

A moped shall be equipped with a headlamp of a single beam type. The headlamp of the moped shall be of sufficient intensity to render clearly discernible a person or vehicle at a distance of not less than one hundred feet. A violation of this section is a petty offense.

Source: SL 1978, ch 230, § 3; SL 1989, ch 255, § 54.
S.D. Codified Laws § 32-6B-75 — SD Code / Title 32 / Chapter 6B / Section 32-6B-75
Manufacturer or franchisor to determine prospective transferee's qualification--Notice of decision--Statement of reasons for rejection
Status: in_force

Not later than the sixty days after receiving notice and application as provided by §§ 32-6B-73 to 32-6B-78 , inclusive, the manufacturer or franchisor shall determine whether or not the dealer's prospective transferee is qualified and shall send a letter by certified mail, return receipt requested, informing the dealer of the approval of the prospective transferee or the unacceptability of the prospective transferee. If the prospective transferee is not acceptable, the manufacturer or franchisor shall include a statement setting forth the material reasons for the rejection. An application filed by a dealer as provided in §§ 32-6B-73 to 32-6B-78 , inclusive, is approved unless rejected by the manufacturer or franchisor in the manner provided by §§ 32-6B-73 to 32-6B-78 , inclusive.

Source: SL 2000, ch 150, § 3.
S.D. Codified Laws § 32-7B-12 — SD Code / Title 32 / Chapter 7B / Section 32-7B-12
Use of boat bearing dealer's demonstration permits--Issuance of permits for unauthorized purposes prohibited--Violation as misdemeanor
Status: in_force

Any new or used boat owned by a licensed dealer, bearing dealer's demonstration permits, may be operated in this state for demonstration purposes only. Such boat may be operated by any prospective buyer for a period not to exceed seven days. No dealer may issue a dealer's demonstration permit to any boat for any other purpose. Any violation of this section is a Class 1 misdemeanor.

Source: SL 1998, ch 185, § 12.
S.D. Codified Laws § 32-12-3.1 — SD Code / Title 32 / Chapter 12 / Section 32-12-3.1
Identification to be submitted with application--Copy of documentation to be retained by department--Violation as misdemeanor
Status: in_force

Any applicant as provided for in this chapter shall, on making application for an operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, motorcycle instruction permit, or nondriver identification card, present to the examiner one of the following documents in order to establish identity and date of birth:

(1) A certified copy of a United States birth certificate filed with the state office of vital records or equivalent agency;

(2) A consular report of birth abroad (United States Department of State form FS-240, DS-1350, or FS-545);

(3) A valid, unexpired permanent resident card (form I-551 issued by the United States Department of Homeland Security or Immigration and Naturalization Services);

(4) An unexpired employment authorization document issued by the United States Department of Homeland Security (form I-766 or I-688B);

(5) An unexpired foreign passport with a valid, unexpired United States visa affixed accompanied by the approved I-94 form documenting the applicant's most recent entrance into the United States;

(6) A certificate of naturalization issued by the United States Department of Homeland Security (form N-550 or N-570);

(7) A certificate of citizenship form N-560 or N-561 issued by the United States Department of Homeland Security;

(8) A valid driver license issued by this state or another state that meets the requirements of 6 C.F.R. Part 37 as amended through January 1, 2015, and is acceptable by federal agencies for official purposes;

(9) Any other document designated by the Department of Homeland Security by publication in the Federal Register that establishes identity and date of birth; or

(10) A valid, unexpired United States passport.

For all documentation offered by the applicant to provide evidence of identity, date of birth, social security number or nonwork authorized status, address of principal residence, and lawful status, the department shall make a copy of the documentation and shall retain the copy for ten years. All documents retained under this section are confidential. The examiner may, as part of a documented exceptions process, accept other evidence of identity and date of birth of any applicant and lawful status of any United States citizen only if the examiner is satisfied that the applicant cannot, for good reason beyond the applicant's control, produce such primary documents. The examiner shall record the acceptance of any alternative document under the exceptions process. The Department of Public Safety may not require new evidence of birth at the time an application is made by a person holding an operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, motorcycle instruction permit, or nondriver identification card, if that person's driver license or nondriver identification card meets the requirements of 6 C.F.R. Part 37 as amended through January 1, 2015, is acceptable by federal agencies for official purposes, and is turned in to the department with the application. Any person who obtains a driver license or nondriver identification card pursuant to this section fraudulently or by use of a fraudulently obtained document is guilty of a Class 1 misdemeanor.

Source: SDC Supp 1960, § 44.03B05 as added by SL 1966, ch 136, § 1; SDCL § 32-12-10 ; SL 1970, ch 173; SL 1976, ch 189; SL 1977, ch 254; SL 1987, ch 227; SL 1989, ch 265, § 1; SL 1997, ch 188, § 1; SL 2001, ch 171, § 3; SL 2001, ch 172, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2005, ch 164, § 1; SL 2009, ch 154, § 3, eff. Dec. 31, 2009; SL 2018, ch 190, § 2.
S.D. Codified Laws § 32-18-16 — SD Code / Title 32 / Chapter 18 / Section 32-18-16
Use of same braking mechanism for service and parking brakes
Status: in_force

The same brake drums, brake shoes, and lining assemblies, brake shoe anchors, and mechanical brake shoe actuation mechanism normally associated with the wheel brake assemblies may be used for both the service brakes and the parking brakes. On vehicles manufactured or sold after July 1, 1968, if the means of applying the parking brakes and the service brakes are connected in any way, they shall be so constructed that failure of any one part shall not leave the vehicle without operative brakes.

Source: SL 1967, ch 197, § 1 (b); SL 1968, ch 178, § 2.
S.D. Codified Laws § 32-12-4.1 — SD Code / Title 32 / Chapter 12 / Section 32-12-4.1
Classes of vehicles--Qualifications and examination
Status: in_force

The secretary of the Department of Public Safety may adopt rules and regulations setting forth qualifications necessary for the safe operation of various types, sizes, or combinations of vehicles and shall appropriately examine each applicant to determine his qualifications according to the general class of license for which application has been made.

Source: SL 1974, ch 215, § 2; SL 1982, ch 18, § 22; SL 2003, ch 272, § 23.
S.D. Codified Laws § 32-12A-62 — SD Code / Title 32 / Chapter 12A / Section 32-12A-62
Federal Motor Carrier Safety Administration driver disqualification and imminent hazard determination to be part of driver record
Status: in_force

Any disqualification imposed in accordance with the provisions of 49 C.F.R. part 383.52 as of January 1, 2015, relating to notification from the Federal Motor Carrier Safety Administration that the driver is disqualified from driving a commercial motor vehicle and is determined to constitute an imminent hazard becomes a part of the driver's record maintained by the department.

Source: SL 2005, ch 167, § 3, eff. Sept. 30, 2005; SL 2007, ch 182, § 18; SL 2010, ch 161, § 17; SL 2011, ch 144, § 15; SL 2015, ch 168, § 41.
S.D. Codified Laws § 32-12A-7.1 — SD Code / Title 32 / Chapter 12A / Section 32-12A-7.1
Registration with Selective Service a condition for obtaining learner's permit or driver license
Status: in_force

No male United States citizen or immigrant who is at least eighteen years of age but less than twenty-six years of age and who is required to register with the United States Selective Service System may apply for or be issued a commercial learner's permit, commercial driver license, renewal, or duplicate pursuant to this chapter unless the applicant is registered, or consents to be registered as provided in this section, in compliance with the Military Selective Service Act, 50 U.S.C. App. 453, as amended to January 1, 2002.

The Department of Public Safety shall forward in an electronic format the necessary personal information required for registration of any applicant identified in this section to the United States Selective Service System. The applicant's submission of the application indicates that the applicant has already registered with the Selective Service System or that the applicant is authorizing the department to forward to the Selective Service System the necessary information for the registration. The department shall notify the applicant on the application that the submission of the application serves as the applicant's consent to be registered with the Selective Service System if so required by federal law.

Source: SL 2002, ch 155, § 2; SL 2004, ch 17, § 135; SL 2015, ch 168, § 7.
S.D. Codified Laws § 32-6B-35 — SD Code / Title 32 / Chapter 6B / Section 32-6B-35
Dealer's car auction agency--Bond requirements--Dealer's right of action--Liability of surety
Status: in_force

Each auction agency shall, before conducting any auction sale, file with the department, a bond in the amount of fifty thousand dollars to the State of South Dakota, with a corporate surety authorized to do business in this state, and conditioned to pay all losses, damages, and expenses of any dealer which may be experienced by the failure of the title to or by any fraud, misrepresentation, or breaches of warranty as to freedom from liens of any vehicle which is sold by such agency. Each auction agency shall keep the bond in effect at all times, and any dealer damaged by the breach thereof shall have a right of action in his own name. The aggregate liability of the surety for all breaches of the conditions of the bond may not exceed the amount of such bond.

Source: SL 1986, ch 250, § 36.
S.D. Codified Laws § 32-12A-46 — SD Code / Title 32 / Chapter 12A / Section 32-12A-46
Consent to test for alcohol or drugs--Consequences of refusal or submission to test
Status: in_force

Any person who holds or is required to hold a commercial learner's permit or commercial driver license and operates any commercial or noncommercial motor vehicle in this state is considered to have given consent to the withdrawal of blood or other bodily substance to determine the amount of alcohol in that person's blood, or to determine the presence of any controlled drug or substance. The chemical analysis shall be administered at the direction of a law enforcement officer who, after stopping or detaining any person who holds or is required to hold a commercial learner's permit or commercial driver license, has probable cause to believe that the person was driving or in actual physical control of a commercial or noncommercial motor vehicle while having any alcohol or drugs in that person's system. Any person requested by a law enforcement officer under this section to submit to a chemical analysis shall be advised by the officer that:

(1) If the person refuses to submit to the chemical analysis, none may be given, unless a warrant for the chemical analysis is issued; and

(2) If the person refuses to submit to the chemical analysis requested, the person shall be:

(a) Immediately placed out of service for a period of twenty-four hours, if operating a commercial motor vehicle at the time of the refusal; and

(b) Disqualified from operating a commercial motor vehicle for a period of not less than one year; or

(3) If the person submits to a chemical analysis which discloses that the person was operating the commercial motor vehicle while there was 0.04 percent or more by weight of alcohol in that person's blood the person shall be disqualified from operating a commercial motor vehicle for not less than one year.

Source: SL 1989, ch 267, § 25; SDCL § 32-12-111; SL 2001, ch 171, §§ 100, 115; SL 2016, ch 166, § 1; SL 2017, ch 137, § 1.
S.D. Codified Laws § 32-12A-29 — SD Code / Title 32 / Chapter 12A / Section 32-12A-29
Notification to commercial driver license information system
Status: in_force

Within twenty-four hours after issuing a commercial learner's permit or commercial driver license, the department shall notify the commercial driver license information system of the issuance, providing all information required to ensure identification of the licensee.

Source: SL 1989, ch 267, § 20; SL 1996, ch 201, § 4; SDCL § 32-12-101 ; SL 2001, ch 171, §§ 92, 115; SL 2015, ch 168, § 25.
S.D. Codified Laws § 32-12-7 — SD Code / Title 32 / Chapter 12 / Section 32-12-7
Cancellation on request of parental authority
Status: in_force

Any person who has signed the application of a minor for a driver license or nondriver identification card may file with the Department of Public Safety a verified written request that the driver license or nondriver identification card of the minor be canceled. Thereupon the department shall cancel the driver license or nondriver identification card of the minor.

Source: SL 1959, ch 261, § 7; SDC Supp 1960, § 44.03B07; SL 1989, ch 265, § 9; SL 2001, ch 171, § 6; SL 2003, ch 272, § 23.
S.D. Codified Laws § 32-35-115 — SD Code / Title 32 / Chapter 35 / Section 32-35-115
What constitutes evidence of financial responsibility
Status: in_force

For the purposes of § 32-35-114 , evidence of financial responsibility is the name of the insurance or surety company which issued the motor vehicle liability policy and the number of the insurance policy or surety bond, the number of the certificate of deposit issued pursuant to § 32-35-87 , or is the number of the certificate of self insurance issued pursuant to § 32-35-91 .

Source: SL 1986, ch 269, § 3.
S.D. Codified Laws § 32-20A-16 — SD Code / Title 32 / Chapter 20A / Section 32-20A-16
Enforcement by law enforcement officers--Prosecution by state's attorneys
Status: in_force

This chapter shall be enforced by all law enforcement officers including conservation officers, notwithstanding the provisions of § 41-15-10.1 , whether employed by the state or by any unit of local government. Prosecutions for violation of this chapter shall be conducted by the state's attorneys of the several counties and by the attorney general of this state.

Source: SL 1979, ch 222, § 3.
S.D. Codified Laws § 32-3A-5.2 — SD Code / Title 32 / Chapter 3A / Section 32-3A-5.2
Mailing fees
Status: in_force

In addition to the registration fee required under § 32-3A-5 , the department or county treasurer shall charge the owner two dollars and fifty cents per decal or set of decals if a decal is sent to the owner through the mail. If the applicant requests that a decal be express mailed, the applicant shall pay the actual cost of postage and handling. The county treasurer shall deposit any fees for mailing or expressing decals in the county general fund.

Source: SL 2010, ch 157, § 8; SL 2023, ch 98, § 1, eff. Mar. 14, 2023; SL 2026, ch 129, § 1.
S.D. Codified Laws § 32-6B-12 — SD Code / Title 32 / Chapter 6B / Section 32-6B-12
Classification of licenses--Issuance of license certificate
Status: in_force

Any dealer's license issued under this chapter shall be of the following classes:

(1) "Vehicle dealer's license," a license that permits the licensee to engage in the business of selling or exchanging new, or new and used, vehicles;

(2) "Used vehicle dealer's license," a license that permits the licensee to engage in the business of selling or exchanging used vehicles only;

(3) "Motorcycle and off-road vehicle dealer's license," a license that permits the licensee to engage in the business of selling or exchanging new or used motorcycles and new or used off-road vehicles only;

(4) "Trailer dealer's license," a license that permits the licensee to engage in the business of selling or exchanging trailers, semitrailers, recreational park trailers, or travel trailers only, new or used;

(5) "Emergency vehicle dealer's license," a license that permits the licensee to engage in the business of selling or exchanging new or used authorized emergency vehicles; or

(6) "Final stage manufacturer dealer's license," a license that permits the licensee to engage in the business of selling or exchanging a previously assembled new motor vehicle chassis cab that has been completed by the final stage manufacturer and to engage in the business of selling or exchanging used motor vehicles.

A license certificate identifying the class of dealership and containing a distinguishing identification number of licensee shall be issued by the department if the application is in compliance with the provisions of this chapter.

Source: SL 1986, ch 250, § 13; SL 1998, ch 175, § 5; SL 2008, ch 53, § 4; SL 2012, ch 165, § 2; SL 2016, ch 159, § 4.
S.D. Codified Laws § 32-14-4 — SD Code / Title 32 / Chapter 14 / Section 32-14-4
Regulation of speed in public parks
Status: in_force

Local authorities may also regulate the speed of vehicles in public parks and shall erect at all entrances to such parks adequate signs giving notice of any such special speed regulations.

Source: SDC 1939, § 44.0334.
S.D. Codified Laws § 32-39-4 — SD Code / Title 32 / Chapter 39 / Section 32-39-4
Warranties--Dealers--Manufacturers
Status: in_force

The provisions of this chapter do not apply to any warranty agreements between manufacturers. The provisions of this Act do not apply to any oral agreements between a dealer and a manufacturer to provide warranty service.

Source: SL 1998, ch 173, § 4.
S.D. Codified Laws § 32-18-15 — SD Code / Title 32 / Chapter 18 / Section 32-18-15
Continuing application of parking brake
Status: in_force

The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind.

Source: SL 1967, ch 197, § 1 (b); SL 1968, ch 178, § 2.
S.D. Codified Laws § 32-15-31 — SD Code / Title 32 / Chapter 15 / Section 32-15-31
Floor pan required
Status: in_force

Every motor vehicle shall be equipped with a floor pan under the entire passenger - carrying compartment.

Source: SL 1978, ch 228, § 4.
S.D. Codified Laws § 32-12-56.1 — SD Code / Title 32 / Chapter 12 / Section 32-12-56.1
Entry and implementation of nonresident violators and driver license compact
Status: in_force

The secretary of the Department of Public Safety may execute all documents and perform all other acts necessary to enter into and carry out the provisions of the nonresident violators and driver license compact.

Source: SL 1979, ch 218, § 1; SL 1987, ch 229; SL 2003, ch 272, § 23.
S.D. Codified Laws § 32-3-71 — SD Code / Title 32 / Chapter 3 / Section 32-3-71
Low-speed vehicles
Status: in_force

A low-speed vehicle which meets the requirements of Part 49 Section 571.500 of the Code of Federal Regulations as amended to January 1, 2008, shall be issued a title. The manufacturer certificate of origin or vehicle title shall clearly identify the vehicle as a low-speed vehicle. The department may not issue any vehicle identification number to any homemade low-speed vehicle or retrofitted golf cart and such vehicles do not qualify as low-speed vehicles in this state.

Source: SL 2008, ch 147, § 3.
S.D. Codified Laws § 32-17-14 — SD Code / Title 32 / Chapter 17 / Section 32-17-14
Vehicles requiring clearance lamps--Location and visibility of clearance lamps--Violation as petty offense
Status: in_force

Every truck, truck tractor, bus with a capacity of ten or more passengers, trailer, semitrailer, and pole trailer having a width at any part in excess of eighty inches shall be equipped with four clearance lamps. Two of such lamps shall be located at the extreme right and left sides of the front of such vehicle, and displaying an amber light visible from a distance of five hundred feet to the front of the vehicle, and the remaining two lamps located at the extreme right and left sides of the rear of the vehicle and displaying red lights visible from a distance of five hundred feet to the rear of the vehicle, which rear clearance lamps shall be in addition to the red lamps required in § 32-17-8 . A violation of this section is a petty offense.

Source: SDC 1939, § 44.0352 (9); SL 1957, ch 227, § 1; SL 1959, ch 254; SL 1965, ch 197, § 1; SL 1973, ch 208; SL 1989, ch 255, § 48.
S.D. Codified Laws § 32-15-27 — SD Code / Title 32 / Chapter 15 / Section 32-15-27
Wheel weight, movement, and damping device requirements for vehicle suspension systems--Violation as petty offense
Status: in_force

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

(1) The vehicle shall be constructed and loaded so that the weight on the wheels of any axle is not less than thirty percent of the gross weight of the vehicle;

(2) The vehicle shall have a suspension system that allows movement between the unsprung axle and wheel and the chassis body and shall be equipped with a damping device at each wheel location.

A violation of this section is a petty offense.

Source: SL 1977, ch 260, § 1 (5), (6); SL 1989, ch 255, § 38.
S.D. Codified Laws § 32-5-30 — SD Code / Title 32 / Chapter 5 / Section 32-5-30
Fee for noncommercial vehicles more than ten years old
Status: in_force

If any noncommercial 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, such fee shall be seventy percent of the fee ordinarily prescribed.

Source: SDC 1939, § 44.0108 (8); SL 1949, ch 163, § 1; SL 1955, ch 158; SL 1961, ch 218; SL 1977, ch 249, § 10; SL 2011, ch 139, § 9.
S.D. Codified Laws § 32-5-89.2 — SD Code / Title 32 / Chapter 5 / Section 32-5-89.2
Special personalized license plates as replacement for regular plates--Restrictions
Status: in_force

Any owner of a motor vehicle, including a motorcycle, who is a resident of this state, and who has complied with all laws of this state in regards to the registration of a motor vehicle, may have the license plates replaced by special personalized license plates which shall conform in size and color combinations as may be provided by the secretary. No personalized license plate for a motor vehicle other than a motorcycle may contain more than seven letters nor the single numeral one or two. No personalized license plate for a motorcycle may contain more than six letters nor the single numeral one or two. There may be no duplication of the personalized license plates issued by the secretary. The secretary may refuse to issue any letter combination which carries connotations offensive to good taste and decency.

Source: SL 1977, ch 250, § 1; SL 1989, ch 257, § 86; SL 1989, ch 260, § 1; SL 1996, ch 194, § 3; SL 2007, ch 173, § 28, eff. July 1, 2008; SL 2012, ch 161, § 1.
S.D. Codified Laws § 32-6B-36.1 — SD Code / Title 32 / Chapter 6B / Section 32-6B-36.1
Dealer's car auction agency--Government-owned vehicles
Status: in_force

Notwithstanding §§ 32-6B-34 and 32-6B-36 , any auction agency may accept for sale at its option vehicles which are owned by any governmental entity. Any member of the public may purchase those vehicles. The auction agency shall ensure that vehicles held and sold pursuant to this section are marked as separate and are physically separated from vehicles held and sold pursuant to §§ 32-6B-34 and 32-6B-36 . Vehicles to be sold pursuant to this section shall be easily identifiable as being separate from vehicles to be sold pursuant to §§ 32-6B-34 and 32-6B-36 . Upon request, the auction agency shall provide the department a site plan that shows the separation of vehicles to be sold pursuant to this section from vehicles to be sold pursuant to §§ 32-6B-34 and 32-6B-36 .

Source: SL 1997, ch 185, § 1; SL 2021, ch 133, § 1.
S.D. Codified Laws § 32-31-6 — SD Code / Title 32 / Chapter 31 / Section 32-31-6
Duty of other motorists upon approach of emergency vehicle--Violation as misdemeanor
Status: in_force

Upon the immediate approach of an authorized emergency vehicle making use of audible or visual signals meeting the requirements of this chapter, or of a police vehicle properly and lawfully making use of an audible or visual signal only, the driver of every other vehicle shall immediately drive to a position as near as possible and parallel to the right-hand edge or curb of the highway, or in case of a one-way highway the nearest edge or curb, clear of any intersection of highways, and shall stop and remain in such position unless otherwise directed by a police or traffic officer until the authorized emergency vehicle shall have passed. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0320; SL 1959, ch 252, § 1; SL 1989, ch 255, § 214; SL 2007, ch 186, § 3.
S.D. Codified Laws § 32-5B-24 — SD Code / Title 32 / Chapter 5B / Section 32-5B-24
Tax credit for total loss of leased vehicle
Status: in_force

If the motor vehicle lease tax has been paid on a qualifying lease under §§ 32-5B-1 , 32-5B-1.1 , 32-5B-4(7), and 32-5B-21 to 32-5B-24 , inclusive, and prior to the expiration of the lease, the vehicle subject to the lease is destroyed by means such as fire, accident, or vandalism, to the extent that it constitutes a total loss of the vehicle, a credit for motor vehicle lease tax paid for the period remaining on the previous lease shall be allowed if another vehicle is substituted under the original lease or a new lease is executed with the intent to replace the vehicle subject to the previous lease. To initially qualify for the credit there must be a total loss of the vehicle subject to the previous lease, a new lease must be executed or a vehicle must be substituted under the original lease. To qualify for the credit, the new lease or substituted vehicle under the original lease shall be executed by the same lessor and lessee, for lease of a vehicle of the same or similar make, model, year, and options as the vehicle subject to the previous lease, for the remaining lease period of the previous lease, and for the same lease price. The lease shall contain the same lease terms as the previous lease.

Source: SL 2000, ch 145, § 7.
S.D. Codified Laws § 32-22-31.1 — SD Code / Title 32 / Chapter 22 / Section 32-22-31.1
Highway construction vehicles--Inspection of scale tickets for compliance with weight limitations--Reporting offenders
Status: in_force

The Department of Transportation may inspect any scale tickets issued by any weigh scale operator for a vehicle being used in connection with the construction, repair, or maintenance of a public highway pursuant to a contract administered by the Department of Transportation for compliance with the weight limitations imposed by this chapter. The Department of Transportation shall report any offender to the Department of Public Safety.

Source: SL 1999, ch 162, § 1; SL 2004, ch 17, § 140.
S.D. Codified Laws § 32-28-19 — SD Code / Title 32 / Chapter 28 / Section 32-28-19
General law of state
Status: in_force

Sections 32-28-17 and 32-28-18 constitute a general law of the state within the meaning of S.D. Const., Article IX, § 2.

Source: SL 2014, ch 154, § 3.
S.D. Codified Laws § 32-41-13 — SD Code / Title 32 / Chapter 41 / Section 32-41-13
Promulgation of rules
Status: in_force

The Transportation Commission shall promulgate rules pursuant to chapter 1-26 to implement the provisions of this chapter.

Source: SL 2024, ch 122, § 12.
S.D. Codified Laws § 32-12-63 — SD Code / Title 32 / Chapter 12 / Section 32-12-63
Forwarding record of nonresident's convictions to jurisdiction of residence
Status: in_force

The Department of Public Safety is further authorized, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this state, to forward a certified copy of such record to the motor vehicle administrator in the state wherein the person so convicted is a resident.

Source: SL 1959, ch 261, § 17; SDC Supp 1960, § 44.03B17 (2); SL 2003, ch 272, § 23.
S.D. Codified Laws § 32-15-18 — SD Code / Title 32 / Chapter 15 / Section 32-15-18
Improperly loaded vehicle unlawful--Violation as misdemeanor
Status: in_force

No person may drive or move any vehicle on any highway unless such vehicle is so constructed or loaded as to prevent its contents from dropping, sifting, leaking, or otherwise escaping therefrom. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0350; SL 1989, ch 255, § 34.
S.D. Codified Laws § 32-6B-19 — SD Code / Title 32 / Chapter 6B / Section 32-6B-19
Supplemental licenses for supplemental lots within county--Exemptions
Status: in_force

Any person licensed under this chapter, who sells vehicles at locations other than the principal place of business, shall obtain a supplemental license for each auxiliary or supplemental lot not contiguous to the location for which the original license is issued. If the license is granted, the licensee may be permitted to use unimproved lots and premises for sale, storage, and display of vehicles. Supplemental lots and premises shall be located within the county of the principal place of business of the applicant and shall meet local zoning codes or ordinances. No supplemental license is required for display of vehicles within the corporate limits of a municipality if the vehicle dealer is licensed or if one or more licensed vehicle dealers wish to display their vehicles on a temporary supplemental lot as defined in § 32-6B-1.4 .

Source: SL 1986, ch 250, § 20; SL 2007, ch 176, § 1; SL 2019, ch 130, § 19.
S.D. Codified Laws § 32-9-46 — SD Code / Title 32 / Chapter 9 / Section 32-9-46
Fee award as part of criminal conviction for overweight operation--Nonpayment punishable by contempt
Status: in_force

The obligation to pay commercial motor vehicle fees under § 32-9-45 shall be calculated and incorporated in the judgment of any court wherein a motor carrier has been convicted of any offense involving the overweight operation of any motor vehicle upon the highways of this state, and failure to obtain the compensation and present the court with a receipt indicating payment therefor within a time specified by the court shall be punishable by contempt proceedings.

Source: SDC 1939, § 44.0431 as added by SL 1953, ch 239; SL 1977, ch 249, § 45.
S.D. Codified Laws § 32-26-15 — SD Code / Title 32 / Chapter 26 / Section 32-26-15
Yielding right-of-way to emergency vehicles--Duty of driver of emergency vehicle not to exercise right-of-way arbitrarily--Violation as misdemeanor
Status: in_force

The driver of a vehicle upon a highway shall yield the right-of-way to police and fire department vehicles and ambulances if they are operated upon official business and the drivers give an audible signal by bell, siren, or exhaust whistle or visual signal by flashing, oscillating, or rotating beams of red light or combinations of red, blue, or white light visible one hundred eighty degrees to the front of the vehicle. The provisions of this section do not relieve the driver of a police, fire department vehicle, or ambulance from the duty to drive with due regard for the safety of all persons using the highway nor does it protect the driver of any such vehicle from the consequence of an arbitrary exercise of such right-of-way. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0319; SL 1945, ch 189; SL 1989, ch 255, § 152; SL 2007, ch 186, § 4.
S.D. Codified Laws § 32-3-51.19 — SD Code / Title 32 / Chapter 3 / Section 32-3-51.19
Salvage vehicle defined--Application
Status: in_force

For purposes of §§ 32-3-51.5 , 32-3-51.20 , and 32-3-51.21 , the term, salvage vehicle, means any motor vehicle that an insurer or self insurer determines a total loss due to theft or to damage caused by fire, vandalism, collision, weather, submersion in water, or flood. This section does not apply to any motor vehicle more than ten model years old or with a gross vehicle weight rating of more than sixteen thousand pounds.

Source: SL 2005, ch 155, § 2; SL 2006, ch 157, § 1; SL 2010, ch 150, § 1; SL 2015, ch 157, § 9.
S.D. Codified Laws § 32-11-19 — SD Code / Title 32 / Chapter 11 / Section 32-11-19
Forwarding to department
Status: in_force

The county treasurer shall forward to the Department of Revenue all applications for registration, reregistration, transfer, license, permit, and duplicate number plates, at such time as required by law.

Source: SL 1961, ch 241; SL 2004, ch 17, § 127; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-10-41 — SD Code / Title 32 / Chapter 10 / Section 32-10-41
Promulgation of rules regarding unladen vehicle permits
Status: in_force

The administrator may promulgate rules, pursuant to chapter 1-26 , in the following areas regarding unladen vehicle permits:

(1) Design and content of the permit;

(2) Revocation, denial, and suspension of the permit;

(3) Procedures; and

(4) Application requirements.

Source: SL 2018, ch 189, § 4.
S.D. Codified Laws § 32-9-1 — SD Code / Title 32 / Chapter 9 / Section 32-9-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Compensation," the charge imposed upon motor carriers in consideration of the unusual use of the public highways in this state by such motor carriers;

(2) "Compensation certificate," the certificate issued upon application by a motor carrier, as defined in §§ 32-9-2 and 32-9-3 , showing authority to use and payment of compensation for the unusual use of the highways by the one to whom issued;

(3) "Commercial motor vehicle," any motor vehicle used or maintained for the transportation of persons or property for hire, compensation or profit or designed, used or maintained primarily for the transportation of property, and not specifically excluded under § 32-9-3 ;

(4) "Department," Department of Revenue;

(5) "For hire," for remuneration of any kind, paid or promised, either directly or indirectly, for the transportation of persons or property. An occasional accommodative transportation service by a person not in the transportation business while on an errand for himself, is not a service for hire, even though the person transported shares in the cost or pays for the service;

(6) "Gross weight," the total weight of the chassis, body, equipment, and maximum load of each motor vehicle, trailer, or semitrailer as fixed by the applicant for a compensation certificate;

(7) "Motor vehicle," all vehicles or machines propelled by any power other than muscular used upon the public highways for the transportation of persons or property or both. The term does not include an electric bicycle as defined in § 32-20B-9 or a multi-passenger quadricycle as defined in § 32-14-17 ;

(8) "Private business use," the transportation of persons or property for hire, compensation, profit, or remuneration of any kind, or the transportation of any property of a business venture not specifically excluded under § 32-9-3 ;

(9) "Public highway," every street, alley, public road, public thoroughfare, or highway in this state;

(10) "Secretary," secretary of revenue;

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

(12) "Trailer," every vehicle without motive power designed to carry property or persons wholly on its own structure and to be drawn by a motor vehicle.

Source: SDC 1939, § 44.0401; SL 1945, ch 192; SL 1977, ch 249, § 17; SL 1978, ch 224, § 19; SL 1981, ch 239, § 1; SL 1988, ch 251, § 1; SL 1989, ch 256, § 8; SL 2004, ch 17, § 108; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2019, ch 135, § 12; SL 2024, ch 118, § 8.
S.D. Codified Laws § 32-3-16 — SD Code / Title 32 / Chapter 3 / Section 32-3-16
Uniform method of numbering certificates--Retention of documents by department
Status: in_force

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

Source: SDC 1939, § 44.0202 (9) as added by SL 1951, ch 229, § 2; SL 1963, ch 252; SL 1965, ch 186, § 2; SL 1989, ch 257, § 18; SL 2020, ch 126, § 1.
S.D. Codified Laws § 32-9-41 — SD Code / Title 32 / Chapter 9 / Section 32-9-41
Persons and entities required to comply with chapter
Status: in_force

Each person, corporation, or limited liability company operating a motor vehicle, trailer, or semitrailer as a motor carrier on the highways of this state, whether engaged in business wholly in this state, or partly in this state and partly in an adjoining state, shall comply with the provisions of this chapter pertaining to the type of operation engaged in by the carrier.

Source: SDC 1939, § 44.0427; SL 1984, ch 225, § 4; SL 2014, ch 139, § 14.
S.D. Codified Laws § 32-6B-38 — SD Code / Title 32 / Chapter 6B / Section 32-6B-38
Appointment of inspectors--Entry authorized--Complaints
Status: in_force

The department may appoint dealer inspectors to enforce the provisions of this chapter. The inspectors may enter both publicly owned and privately owned property and sign complaints against persons found in violation of this chapter.

Source: SL 1986, ch 250, § 39.
S.D. Codified Laws § 32-35-114 — SD Code / Title 32 / Chapter 35 / Section 32-35-114
Evidence of financial responsibility when detained for a suspected violation
Status: in_force

Every person who drives a motor vehicle, required to be registered in this state, if requested by a law enforcement officer as a secondary action when the driver of the vehicle is detained for a suspected violation of Title 32 or some other offense, shall provide evidence of financial responsibility.

Source: SL 1986, ch 269, § 2.
S.D. Codified Laws § 32-22-8.3 — SD Code / Title 32 / Chapter 22 / Section 32-22-8.3
Issuance of trip permits unaffected
Status: in_force

The authority of the Division of Highway Patrol to issue permits for oversize motor vehicles is not affected by the length restrictions in § 32-22-8.1 .

Source: SL 1983, ch 246, § 6; SL 1984, ch 230, § 11; SL 1987, ch 234, § 3; SL 1992, ch 372, § 17.
S.D. Codified Laws § 32-5B-21 — SD Code / Title 32 / Chapter 5B / Section 32-5B-21
Applicability of tax on leased vehicles--Leasing information required
Status: in_force

The tax imposed by §§ 32-5B-1 , 32-5B-1.1 , 32-5B-4(7), and 32-5B-21 to 32-5B-24 , inclusive, and calculated in the manner set out in § 32-5B-4 on the sale or use of leased vehicles subject to titling and registration applies to vehicles with a gross vehicle weight ratings of less than sixteen thousand pounds or vehicles defined in subdivision 32-9-3(3), including motorcycles and motorized bicycles. No certificate of title may be issued until the tax is paid.

The county treasurer shall require every applicant for registration of a vehicle subject to tax under §§ 32-5B-1 , 32-5B-1.1 , 32-5B-4(7), and 32-5B-21 to 32-5B-24 , inclusive, to supply information as is deemed necessary as to the date of the lease transaction, the lease price, and other information relative to the lease of the vehicle.

Source: SL 2000, ch 145, § 4; SL 2001, ch 167, § 1; SL 2006, ch 161, § 1.
S.D. Codified Laws § 32-12A-38 — SD Code / Title 32 / Chapter 12A / Section 32-12A-38
Disqualification for life using commercial or noncommercial motor vehicle in commission of felony involving controlled substance
Status: in_force

Any person is disqualified from driving a commercial motor vehicle for life who uses a commercial or noncommercial motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance.

Source: SL 1989, ch 267, § 23B; SDCL § 32-12-106; SL 2001, ch 171, § 115; SL 2005, ch 167, § 20.
S.D. Codified Laws § 32-3A-62 — SD Code / Title 32 / Chapter 3A / Section 32-3A-62
Revenues allocated for state aid to education
Status: in_force

Of the total revenue collected as a result of the tax imposed by this chapter, 56.25 percent of the total revenue shall be allocated for state aid to education pursuant to chapter 13-13 .

Source: SL 1993, ch 102, § 12A; SDCL § 10-60-12; SL 2015, ch 89, § 23.
S.D. Codified Laws § 32-28-4.1 — SD Code / Title 32 / Chapter 28 / Section 32-28-4.1
Left turn on red--Local option--Violation of restrictions as misdemeanor
Status: in_force

The governing body of a municipality may authorize by ordinance, adopted pursuant to chapter 9-19 , a motor vehicle to make a left - hand turn from an intersection after stopping in obedience to a red or stop signal as defined in § 32-28-4 . This left - hand turn may only be authorized for a motor vehicle which has stopped in the extreme left - hand lane lawfully available on a one - way roadway and intends to turn on to a one - way roadway in which the direction of traffic is moving to the left of the motor vehicle. In addition such turns may only be made after yielding the right - of - way to pedestrians or other traffic proceeding as directed by the signal at the intersection. A violation of such restrictions is a Class 2 misdemeanor.

Source: SL 1980, ch 233; SL 1989, ch 255, § 235.
S.D. Codified Laws § 32-35-82 — SD Code / Title 32 / Chapter 35 / Section 32-35-82
Employers' policies unaffected
Status: in_force

This chapter shall not be held to apply to or affect policies insuring solely the insured named in the policy against liability resulting from the maintenance or use by persons in the insured's employ or on his behalf of vehicles not owned by the insured.

Source: SL 1957, ch 212, § 53; SDC Supp 1960, § 44.03A53.
S.D. Codified Laws § 32-23-4.2 — SD Code / Title 32 / Chapter 23 / Section 32-23-4.2
Separate allegation of former conviction
Status: in_force

In any criminal case brought pursuant to the provisions of § 32-23-3 , 32-23-4 , 32-23-4.6 , or 32-23-4.7 , whether brought by information or indictment, a separate supporting information shall allege, in addition to the principal offense charged, any former convictions. If the information is in two separate parts, each part shall be signed by the prosecutor. In the first part the particular offense with which the accused is charged shall be set out, and in the other part any former convictions shall be alleged.

Source: SL 1979, ch 159, § 4A; SL 1989, ch 273, § 3; SL 1994, ch 261, § 2; SL 2003, ch 172, § 1; SL 2010, ch 166, § 1.
S.D. Codified Laws § 32-11-4.2 — SD Code / Title 32 / Chapter 11 / Section 32-11-4.2
County road and bridge fund established--Revenues
Status: in_force

The county road and bridge fund is hereby established for the accounting and safekeeping of highway and bridge funds of the counties for the deposit and receipt of all public moneys usable for county highway and bridge construction, maintenance, and repair. Revenues to be deposited in the fund include:

(1) Distribution of funds from the local government highway and bridge fund pursuant to §§ 32-11-34 and 32-11-35 ;

(2) Levies under subdivisions 10-12-9(4) and (6);

(3) Levies for the county highway and bridge reserve fund established pursuant to § 10-12-13 ;

(4) Levies for secondary roads in unorganized territory pursuant to § 31-12-27 ;

(5) Levies for the county snow removal and special emergency reserve fund established pursuant to § 34-5-2 ;

(6) Funds collected from motor vehicle licenses and credited to the county pursuant to subdivision 32-11-4.1 (1A);

(7) Distribution of mobile home license fees pursuant to § 32-5-16.2 ;

(8) Distribution of interstate reciprocity and proportional registration of fleets fees pursuant to § 32-10-35 ;

(9) Proceeds from the wheel tax pursuant to § 32-5A-2 ;

(10) Revenue accruing from the sale of surplus highway equipment to property pursuant to § 6-13-8 ;

(11) Other revenue received by the county for service or work performed by the county highway department under force account or agreement with other entities.

This section does not affect the deposit and use of the special highway fund for township roads established pursuant to subdivision 32-11-4.1 (2).

Source: SL 1999, ch 149, § 1.
S.D. Codified Laws § 32-30-4 — SD Code / Title 32 / Chapter 30 / Section 32-30-4
Disabled vehicles excepted--Emergency lamps, flares and flags--Removal of vehicle--Violation a misdemeanor
Status: in_force

The provisions of §§ 32-30-1 to 32-30-3 , inclusive, do not apply to the driver of any vehicle which is disabled while on the paved, improved, or main - traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the vehicle in such position. If a vehicle is disabled, the driver shall activate all emergency lamps and, if the vehicle is required to be equipped with flags or flares, the flags or flares shall be deployed immediately. The driver or the person in charge of the vehicle shall make provisions to remove the vehicle in the most expeditious manner. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0324; SL 1989, ch 256, § 28.
S.D. Codified Laws § 32-12A-14.2 — SD Code / Title 32 / Chapter 12A / Section 32-12A-14.2
Applicants permitted three attempts to pass license examination
Status: in_force

Any application under this chapter shall be accompanied by the proper fee. Payment of the fee entitles the applicant to not more than three attempts to pass the commercial driver license examination within a period of six months from the date of application. Any application for a commercial driver license shall be made on a form furnished by the department.

Source: SL 2018, ch 192, § 1.
S.D. Codified Laws § 32-6B-47 — SD Code / Title 32 / Chapter 6B / Section 32-6B-47
When franchisor may establish additional vehicle dealership for same line-make--Hearing
Status: in_force

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

Source: SL 1986, ch 250, § 48.
S.D. Codified Laws § 32-12-15 — SD Code / Title 32 / Chapter 12 / Section 32-12-15
Permits issued on a probationary basis--Suspension--Exception--Conviction prior to permit
Status: in_force

The issuance of an instruction permit, motorcycle instruction permit, restricted minor's permit, or motorcycle restricted minor's permit is on a probationary basis. The Department of Public Safety, upon the receipt of a record of conviction for a traffic violation or for a violation of the restrictions in § 32-12-11 , 32-12-11 .1, 32-12-12 , 32-12-12 .1, 32-12-13 , 32-12-14 , or 32-12-12 .5, committed while operating under an instruction permit, motorcycle instruction permit, restricted minor's permit, or motorcycle restricted minor's permit prior to the minor's sixteenth birthday, shall suspend the minor's driving privileges according to the following schedule:

(1) For a felony or Class 1 misdemeanor traffic conviction, suspension for one hundred eighty days or until the minor's sixteenth birthday, whichever period is longer, or as otherwise required by law;

(2) For a first Class 2 misdemeanor traffic conviction or a comparable conviction of any moving traffic violation of a county or municipal ordinance, suspension for thirty days or as otherwise required by law;

(3) For a first conviction of a violation of the conditions of an instruction permit, a motorcycle instruction permit, a restricted minor's permit, or a motorcycle restricted minor's permit, suspension for thirty days or as otherwise required by law;

(4) For a second Class 2 misdemeanor traffic conviction or a comparable conviction of any moving traffic violation of a county or municipal ordinance, suspension until the minor's sixteenth birthday or for one hundred eighty days, whichever period is longer, or as otherwise required by law; and

(5) For a second conviction of a violation of the conditions of an instruction permit, a motorcycle instruction permit, a restricted minor's permit, or a motorcycle restricted minor's permit, suspension until the minor's sixteenth birthday or for one hundred eighty days, whichever period is longer, or as otherwise required by law.

No permit may be suspended for a first violation of §§ 32-14-9.1 , 32-21-27 , 32-25-5 , 32-26-20 , or 34A-7-7 .

If a minor has no instruction permit, motorcycle instruction permit, restricted minor's permit, or motorcycle restricted minor's permit, and is convicted of any traffic violation prior to the minor's eighteenth birthday, the department shall suspend or revoke the minor's driving privilege or privilege to apply for a driver license as provided in this section. A conviction for any traffic violation that occurs prior to the issuance of an instruction permit, motorcycle instruction permit, restricted minor's permit, motorcycle restricted minor's permit, motorcycle operator's license, or an operator's license must be placed on the driving record and given the same consideration as any violation that occurs following the issuance of an instruction permit, motorcycle instruction permit, restricted minor's permit, motorcycle restricted minor's permit, motorcycle operator's license, or an operator's license.

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 1973, ch 205; SL 1984, ch 226; SL 1989, ch 265, § 16; SL 1992, ch 217, § 1; SL 1998, ch 186, § 4; SL 2000, ch 157, § 1; SL 2001, ch 171, § 15; SL 2003, ch 272, § 23; SL 2006, ch 165, § 6; SL 2008, ch 157, § 1; SL 2020, ch 117, § 6; SL 2023, ch 101, § 1.
S.D. Codified Laws § 32-3A-38.6 — SD Code / Title 32 / Chapter 3A / Section 32-3A-38.6
Damage disclosure sticker, decal, or notice required on large boats sold or offered for sale
Status: in_force

Any large boat that is required to be titled pursuant to this chapter and is sold or offered for sale by a boat dealer as defined in § 32-3A-2 shall display a sticker, decal, or notice that discloses previous damage to the large boat as determined by the department in rules promulgated pursuant to chapter 1-26 . The rules shall also prescribe the format and construction of the sticker, decal, or notice.

Source: SL 2004, ch 203, § 6; SL 2007, ch 172, § 2; SL 2015, ch 157, § 18.
S.D. Codified Laws § 32-27-1.1 — SD Code / Title 32 / Chapter 27 / Section 32-27-1.1
Pedestrian defined
Status: in_force

The term, pedestrian, when used in this chapter means any person moving or traveling on foot, including any person wearing roller skates, riding on a skateboard, or riding on an electric personal assistive device.

Source: SL 1987, ch 237; SL 2002, ch 161, § 4.
S.D. Codified Laws § 32-6B-52 — SD Code / Title 32 / Chapter 6B / Section 32-6B-52
Objection to approval of notice--Time for filing written objection--Approval absent timely objection
Status: in_force

Any person who receives or is entitled to receive a copy of any notice provided for in § 32-6B-50 , may object to the approval of the notice by filing a written objection to the department within fifteen days from the date the notice was received by such person. If no objection is filed within fifteen days from the date the notice was received by such person, the notice shall be approved.

Source: SL 1986, ch 250, § 53.
S.D. Codified Laws § 32-25-14.1 — SD Code / Title 32 / Chapter 25 / Section 32-25-14.1
Posted school zones--Uniform traffic control devices--Failure to obey as misdemeanor
Status: in_force

Municipalities and counties may establish posted school zones to regulate the traffic in the proximity of a school area. All traffic control devices used in school zones shall conform to a manual on traffic control for school areas adopted by the Department of Transportation. The manual shall provide a uniform system of warning, regulating, and guiding traffic through a school area. A municipality and county in the placement of traffic control devices as required by this section shall only be required to replace those currently used devices in the normal course of planned maintenance and replacement. Failure to obey such traffic control devices is a Class 2 misdemeanor.

Source: SL 1980, ch 231; SL 1989, ch 255, § 136.
S.D. Codified Laws § 32-7A-3 — SD Code / Title 32 / Chapter 7A / Section 32-7A-3
License required--Exceptions--Violation as misdemeanor
Status: in_force

No person may engage in the business, either exclusively or in addition to any other occupation, of selling or manufacturing mobile homes or manufactured homes, new or used, or shall offer to sell, solicit, or advertise the sale of mobile homes or manufactured homes, new or used, without first having acquired a license to do so. Any violation of this section is a Class 2 misdemeanor. Any subsequent violation that occurs within two years from any violation of this section is a Class 1 misdemeanor. The licensing requirements of this section do not apply to any regulated lenders as that term is defined in § 54-3-14 , any insurance company authorized to do business in this state, or any financing institution as defined in and licensed pursuant to chapter 54-4 that acquires mobile homes or manufactured homes as an incident to its regular business.

Source: SL 1984, ch 223, § 3; SL 1986, ch 251, § 3; SL 2014, ch 137, § 7.
S.D. Codified Laws § 32-20B-8 — SD Code / Title 32 / Chapter 20B / Section 32-20B-8
Racing--Exemption from traffic laws
Status: in_force

The transportation commission or local authorities may exempt participants in an approved bicycle highway racing event on a highway under their jurisdiction from compliance with any traffic laws otherwise applicable thereto, provided that traffic control is adequate to assure the safety of all highway users.

Source: SL 1982, ch 226, § 6.
S.D. Codified Laws § 32-6B-79 — SD Code / Title 32 / Chapter 6B / Section 32-6B-79
Manufacturer defined
Status: in_force

In §§ 32-6B-79 to 32-6B-83 , inclusive, the term, manufacturer, includes a representative or a person or entity who is directly or indirectly controlled by, or is under common control with, the manufacturer. For purposes of this section, a person or entity is controlled by a manufacturer if the manufacturer has the authority directly or indirectly, by law or by agreement of the parties, to direct or influence the management and policies of the person or entity. However, the term, manufacturer, does not include any person or entity who manufactures or assembles less than two hundred fifty motorcycles a year or who manufactures or assembles trailers.

Source: SL 2000, ch 151, § 1; SL 2002, ch 153, § 3; SL 2006, ch 164, § 1.
S.D. Codified Laws § 32-12A-53 — SD Code / Title 32 / Chapter 12A / Section 32-12A-53
Disqualification for conviction of violation of out-of-service order--Second violation
Status: in_force

Any person is disqualified from driving a commercial motor vehicle for a period of two years if convicted of two violations of out-of-service orders pursuant to § 32-12A-8.1 in separate incidents during a ten-year period.

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

Source: SL 1996, ch 201, § 10; SDCL § 32-12-120; SL 2001, ch 171, § 115; SL 2007, ch 182, § 13; SL 2010, ch 161, § 12; SL 2011, ch 144, § 12; SL 2015, ch 168, § 37; SL 2022, ch 95, § 4.
S.D. Codified Laws § 32-10-8 — SD Code / Title 32 / Chapter 10 / Section 32-10-8
Intrastate vehicles excepted--Intrastate vehicles operating under authority of public utilities commission
Status: in_force

No agreement pursuant to § 32-10-6 shall authorize, or be construed as authorizing, any vehicle registered under § 32-10-7 to 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 if such grant is otherwise required by law.

Source: SL 1961, ch 237, § 5.
S.D. Codified Laws § 32-6E-10 — SD Code / Title 32 / Chapter 6E / Section 32-6E-10
Objection to approval of notice
Status: in_force

Any person who receives or is entitled to receive a copy of any notice provided for in § 32-6E-8 , may object to the approval of the notice by filing a written objection to the department within fifteen days from the date the notice was received by such person. If no objection is filed within fifteen days from the date the notice was received by such person, the notice shall be approved.

Source: SL 1994, ch 248, § 10.
S.D. Codified Laws § 32-20A-4 — SD Code / Title 32 / Chapter 20A / Section 32-20A-4
Restriction of use on state highways--Violation as misdemeanor
Status: in_force

The Department of Transportation may restrict or prohibit the use of snowmobiles on highways as defined in subdivision 31-1-5(1) under its jurisdiction upon its conspicuously posting of such highway or portion thereof by signs adopted by the transportation commission. A violation of this section is a Class 2 misdemeanor.

Source: SL 1971, ch 182, § 4; SL 1973, ch 2, § 232; SL 1979, ch 355, §§ 17, 18; SL 1983, ch 391, § 17; SL 1984, ch 207, § 1; SL 1989, ch 255, § 117.
S.D. Codified Laws § 32-5-164 — SD Code / Title 32 / Chapter 5 / Section 32-5-164
Transfer of ownership of vehicle with military specialty plate--Credit--Violation as misdemeanor
Status: in_force

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

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

Source: SL 2014, ch 142, § 11.
S.D. Codified Laws § 32-12-21 — SD Code / Title 32 / Chapter 12 / Section 32-12-21
Privilege conferred by issuance of license--Authority of local governments
Status: in_force

Any person licensed under this chapter may exercise the privilege thereby granted upon all streets and highways in this state and may not be required to obtain any other license to exercise such privilege by any county, municipal or local board, or body having authority to adopt local police regulations.

Source: SL 1959, ch 261, § 1; SDC Supp 1960, § 44.03B01 (2); SL 2001, ch 171, § 25.
S.D. Codified Laws § 32-21-3.1 — SD Code / Title 32 / Chapter 21 / Section 32-21-3.1
Annual inspection of large passenger vehicles operated by nonprofit organizations--Certificate--Safety standards--Violation as misdemeanor
Status: in_force

Each vehicle with a capacity of sixteen or more passengers, including the driver, owned or operated by a nonprofit organization, or privately owned and operated under a contract with a nonprofit organization, and used for the transportation of its members shall be inspected before October first of each year by an inspector approved by the Division of Highway Patrol. The inspector shall ensure the vehicle complies with state law and regulations. A certificate, provided by the Division of Highway Patrol, certifying that the vehicle has successfully passed inspection shall be issued by the inspector and shall be displayed on the vehicle. The director of the Division of Highway Patrol shall promulgate rules, pursuant to chapter 1-26 , for minimum safety standards of the vehicles. Any person operating a vehicle in violation of this section is guilty of a Class 2 misdemeanor.

Source: SL 1978, ch 237; SL 1979, ch 220, § 5; SL 1984, ch 343, §§ 17, 18; SL 1986, ch 22, § 6; SL 1992, ch 223; SL 2018, ch 194, § 1.
S.D. Codified Laws § 32-2-2 — SD Code / Title 32 / Chapter 2 / Section 32-2-2
Bond of superintendent--Payment of premium
Status: in_force

The superintendent of the highway patrol shall furnish bond in such form as required by and in such amount as may be designated by the Department of Public Safety, such bond to be approved by the attorney general and filed with the secretary of state. The premium for such bond shall be paid out of funds appropriated for such Division of Highway Patrol.

Source: SDC 1939, § 44.0602; SL 2003, ch 272, § 21.
S.D. Codified Laws § 32-6E-7 — SD Code / Title 32 / Chapter 6E / Section 32-6E-7
Impermissible conditions of franchise
Status: in_force

No franchisor may require a franchisee to agree to the inclusion of a term or condition in a franchise, or in any lease or agreement ancillary or collateral to a franchise as a condition to the offer, grant, or renewal of such franchise, lease, or agreement, that:

(1) Requires the franchisee to waive trial by jury in any case involving the franchisor;

(2) Specifies the jurisdictions, venues, or tribunals in which disputes arising with respect to the franchise, lease, or agreement shall or may not be submitted for resolution or otherwise prevents a franchisee from bringing an action in a particular forum otherwise available under the law; or

(3) Requires that disputes between the franchisor and franchisee be submitted to arbitration or to any other binding alternate dispute resolution procedure.

However, any franchise, lease, or agreement may authorize the submission of a dispute to arbitration or to binding alternate dispute resolution if the franchisor and franchisee voluntarily agree to submit the dispute to arbitration or binding alternate dispute resolution at the time the dispute arises.

Source: SL 1994, ch 248, § 7.
S.D. Codified Laws § 32-3-63 — SD Code / Title 32 / Chapter 3 / Section 32-3-63
Sales of older vehicles at certain auctions exempt from vehicle dealer requirements
Status: in_force

Sales of titled vehicles pursuant to §§ 32-3-59 to 32-3-62 , inclusive, are exempt from § 32-5-29 and chapter 32-6B .

Source: SL 1986, ch 27, § 17.
S.D. Codified Laws § 32-18-12 — SD Code / Title 32 / Chapter 18 / Section 32-18-12
Towing vehicles with vacuum brakes--Operation of towed vehicle brakes--Independent control system--Automatic application--Violation as misdemeanor
Status: in_force

Every towing vehicle used to tow other vehicles equipped with vacuum brakes, in operations other than driveaway or towaway operations, shall have, in addition to the single control device required by § 32-18-10 , a second control device which can be used to operate the brakes on towed vehicles in emergencies. The second control shall be independent of brake air, hydraulic, and other pressure, and independent of other controls, unless the braking system be so arranged that failure of the pressure upon which the second control depends will cause the towed vehicle brakes to be applied automatically. The second control is not required to provide modulated braking. A violation of this section is a Class 2 misdemeanor.

Source: SL 1967, ch 197, § 1 (g) (2); SL 1989, ch 255, § 75.
S.D. Codified Laws § 32-5B-6 — SD Code / Title 32 / Chapter 5B / Section 32-5B-6
Use of dealers' guide for used motor vehicles
Status: in_force

On used motor vehicles, the county treasurer shall, for the purpose of this chapter, use the most generally used and approved nationally recognized dealers' guide provided by the secretary of revenue. For those cases of vehicles not covered by the provided dealer guides the county treasurer shall seek assistance from the department.

Source: SDC 1939, § 44.0108 (9) as added by SL 1951, ch 224, § 1; SL 1957, ch 210; SL 1961, ch 219; SL 1966, ch 129; SDCL § 32-5-35 ; SL 1980, ch 213, § 3; SL 1982, ch 18, § 12; SL 1985, ch 241, § 18; SL 2004, ch 17, § 80; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011; SL 2014, ch 144, § 2.
S.D. Codified Laws § 32-6B-13 — SD Code / Title 32 / Chapter 6B / Section 32-6B-13
Fees for dealer's licenses--Disposition of fees
Status: in_force

Upon making initial application for a dealer's license, the applicant shall pay a fee to the department. The initial fee required for each type of dealer's license is as follows:

(1) Vehicle dealer's license--$300;

(2) Used vehicle dealer's license--$300;

(3) Motorcycle and off-road vehicle dealer's license--$250;

(4) Trailer dealer's license--$125;

(5) Emergency vehicle dealer's license--$300; or

(6) Final stage manufacturer dealer's license--$300.

All money collected pursuant to this section shall be deposited in the state motor vehicle fund.

Source: SL 1986, ch 250, § 14; SL 1998, ch 175, § 6; SL 2008, ch 155, § 1; SL 2012, ch 165, § 3; SL 2016, ch 159, § 5.
S.D. Codified Laws § 32-3-32 — SD Code / Title 32 / Chapter 3 / Section 32-3-32
Dealer's acceptance of out-of-state certificates
Status: in_force

Notwithstanding §§ 32-3-30 and 32-3-31 , dealers licensed under chapter 32-6B may accept and transfer out - of - state certificates or muniments of title for motor vehicles, trailers, or semitrailers.

Source: SL 1955, ch 193, § 1; SDC Supp 1960, § 44.0203-1; SL 1965, ch 186, § 4; SL 1989, ch 257, § 34; SL 2020, ch 129, § 1.
S.D. Codified Laws § 32-25-6 — SD Code / Title 32 / Chapter 25 / Section 32-25-6
Maximum speed for heavy vehicles--Computing gross weight--Violation as misdemeanor
Status: in_force

The transportation commission may adopt rules setting the maximum speed at which it shall be lawful for any motor vehicle, trailer, or wagon to be driven upon the public highways of this state, the gross weight of which, including the load, is more than ten thousand pounds, or any motor vehicle, trailer, or wagon having gross weight more than eight thousand pounds on one axle, or any motor vehicle, trailer, or wagon having a gross load of over six hundred pounds per inch width of tire, upon any wheel concentrated upon the surface of the highway, said width in the case of rubber tires to be measured between the flanges of the rim. A violation of such rules is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0306; SL 1989, ch 255, § 128.
S.D. Codified Laws § 32-14-11 — SD Code / Title 32 / Chapter 14 / Section 32-14-11
Occupation of towed house trailer or recreational vehicle--Penalty--Exception
Status: in_force

No person may occupy a house trailer or a recreational vehicle as defined by § 32-3-1 while it is being towed. A violation of this section is a petty offense. This section does not apply to a recreational vehicle being towed by a truck, truck tractor, or pickup with a fifth - wheel device, if the recreational vehicle is equipped with safety glazing materials wherever glazing materials are used in windows or doors, with an audible or visual signaling device which a passenger inside the recreational vehicle can use to gain the attention of the motor vehicle driver, and with at least one unobstructed exit capable of being opened from both the interior and exterior of the recreational vehicle. The requirement for safety glazing materials does not apply to vehicles manufactured prior to July 1, 1977.

Source: SL 1970, ch 175, § 4; SL 1977, ch 259; SL 1978, ch 158, § 29; SL 1987, ch 29, § 15; SL 2025, ch 44, § 17.
S.D. Codified Laws § 32-28-15 — SD Code / Title 32 / Chapter 28 / Section 32-28-15
Disruption or interference with traffic signal preemption system as misdemeanor
Status: in_force

No person may disrupt or interfere with the traffic signal preemption system installed by any municipality, county, or other unit of local government for use by emergency vehicles to improve traffic movement by temporarily controlling signalized intersections.

Any violation of this section is a Class 2 misdemeanor.

Source: SL 2004, ch 219, § 1.
S.D. Codified Laws § 32-6B-67 — SD Code / Title 32 / Chapter 6B / Section 32-6B-67
Promulgation of rules for in-transit permits for trailer manufacturer's trailers
Status: in_force

The department shall prescribe, by rules promulgated pursuant to chapter 1-26 , the size, color, material, and design of the trailer manufacturer in - transit permits as provided by § 32-6B-66 . The department shall also provide, by rule, the process for registering trailer manufacturers pursuant to § 32-6B-66 and a registration fee of not more than fifty dollars.

Source: SL 1994, ch 247, § 2.
S.D. Codified Laws § 32-3-78 — SD Code / Title 32 / Chapter 3 / Section 32-3-78
Electric bicycle exempt from chapter
Status: in_force

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

Source: SL 2019, ch 135, § 9.
S.D. Codified Laws § 32-40-7 — SD Code / Title 32 / Chapter 40 / Section 32-40-7
Motor vehicle insurance required covering transportation of riders for compensation
Status: in_force

A transportation network company driver or transportation network company on the driver's behalf shall maintain primary motor vehicle insurance that recognizes that the driver is a transportation network company driver or otherwise uses a vehicle to transport riders for compensation and covers the driver while:

(1) The driver is logged on to the transportation network company's digital network; or

(2) The driver is engaged in a prearranged ride.

Source: SL 2016, ch 167, § 7.
S.D. Codified Laws § 32-18-10 — SD Code / Title 32 / Chapter 18 / Section 32-18-10
Single control device operating all service brakes--Violation as misdemeanor--Additional control devices
Status: in_force

Every motor vehicle described in § 32-18-1 , trailer, semitrailer, and pole trailer, and every combination of such vehicles, except motorcycles and motor - driven cycles, equipped with brakes shall have the braking system so arranged that one control device can be used to operate all service brakes. A violation of this section is a Class 2 misdemeanor.

This section does not prohibit vehicles from being equipped with an additional control device to be used to operate brakes on the towed vehicles. This section does not apply to driveaway or towaway operations unless the brakes on the individual vehicles are designed to be operated by a single control on the towing vehicle.

Source: SL 1967, ch 197, § 1 (h); SL 1989, ch 255, § 73.
S.D. Codified Laws § 32-5-89 — SD Code / Title 32 / Chapter 5 / Section 32-5-89
Determination of characteristics of plate--Dealers' plates
Status: in_force

The size, design, thickness of metal or material to be used, color, and general makeup of the number plates for motor vehicles of all classifications shall be determined by the department. The department shall also prescribe the plate to be used by the dealers for demonstration purposes and for all motor vehicles registered by manufacturers or dealers which plates shall bear a distinctive number 77.

Source: SDC 1939, § 44.0115; SL 1941, ch 183; SL 1943, ch 157; SL 1951, ch 226; SL 1951, ch 227; SL 1955, ch 159, § 2; SL 1959, ch 249, § 2; SL 1963, ch 250; SL 1989, ch 257, § 85.
S.D. Codified Laws § 32-26-13 — SD Code / Title 32 / Chapter 26 / Section 32-26-13
Right-of-way at intersections--Unlawful speed as forfeiting right-of-way--Violation as misdemeanor
Status: in_force

When two vehicles approach or enter an intersection at approximately the same time, the driver of the vehicle on the left shall yield the right - of - way to the vehicle on the right except as otherwise provided in §§ 32-26-14 to 32-26-16 , inclusive. The driver of any vehicle traveling at an unlawful speed shall forfeit any right - of - way which he might otherwise have hereunder. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0318; SL 1945, ch 188; SL 1989, ch 255, § 150.
S.D. Codified Laws § 32-5-47 — SD Code / Title 32 / Chapter 5 / Section 32-5-47
Definition of nonresident
Status: in_force

A nonresident within the meaning of § 32-5-46 is a person who does not reside in this state. If present in this state for more than ninety days, a person is considered a resident for the purposes of § 32-5-46 .

Source: SDC 1939, § 44.0112; SL 1951, ch 225; SL 1981, ch 233; SL 1986, ch 245.
S.D. Codified Laws § 32-6B-10 — SD Code / Title 32 / Chapter 6B / Section 32-6B-10
Manufacturer's contract or franchise prerequisite to license for dealer in new vehicles
Status: in_force

No dealer's license may be issued to a person who desires to sell or offer for sale new vehicles until the applicant furnishes written 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 vehicle the person proposes to deal in. For the purposes of this section, written proof which does not adequately capture the intent of both the applicant and the manufacturer to be bound by the subject franchise or bona fide contract may be deemed insufficient by the department.

Source: SL 1986, ch 250, § 11; SL 2010, ch 156, § 3, eff. Mar. 9, 2010.
S.D. Codified Laws § 32-22-42 — SD Code / Title 32 / Chapter 22 / Section 32-22-42
Rules governing issuance of overweight and oversize permits--Fees
Status: in_force

The transportation commission, pursuant to chapter 1-26 , may promulgate rules to provide for the issuance of oversize and overweight permits by the Division of Highway Patrol. The transportation commission shall set the fee for those permits by rules adopted pursuant to chapter 1-26 .

Source: SDC 1939, § 44.0342 (4) as added by SL 1957, ch 225, § 4; SL 1983, ch 335, § 26; SL 1984, ch 230, § 35; SL 1986, ch 264; SL 1987, ch 210, § 30; SL 1992, ch 372, § 17.
S.D. Codified Laws § 32-7B-17 — SD Code / Title 32 / Chapter 7B / Section 32-7B-17
Grounds for denial of license or application of provisions of §§32-7B-17.1to32-7B-17.6, inclusive
Status: in_force

The department may deny any application or apply the provisions of §§ 32-7B-17.1 to 32-7B-17.6 , inclusive, on any license issued under the provisions of this chapter, for any of the following:

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

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

(3) A violation of any law of this state that relates to dealing in boats;

(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 boats;

(6) Failure to apply for transfers of title as required in chapters 32-3 and 42-8 ;

(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 boats which a dealer has, or causes to have, advertised, printed, displayed, published, distributed, broadcasted, televised, or made in any manner with regard to the sale or financing of boats;

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

(11) Inability to obtain or renew surety bond; or

(12) Failure to maintain a principal place of business.

Source: SL 1998, ch 185, § 17; SL 2005, ch 162, § 37.
S.D. Codified Laws § 32-7B-28 — SD Code / Title 32 / Chapter 7B / Section 32-7B-28
Title required for sale on consignment or at auction--Exception--Violation as misdemeanor
Status: in_force

Before a South Dakota titled boat or a used boat titled in a bordering state including any accompanying titled boat trailer may be sold by a consignee or at a public auction pursuant to this chapter, the consignee or auctioneer shall have in possession a South Dakota title or a state title from a bordering state including any accompanying titled boat trailer for the boat. If the boat or boat trailer owner's state does not issue titles for the consigned boat or boat trailer, the owner must provide a current state registration and accompanying affidavit stating that their home state does not issue titles for the boat or boat trailer being consigned. A bill of sale, the registration, and affidavit of statement must be in the possession of the consignment selling dealer or public auction along with the proper consignment contract. A violation of this section is a Class 2 misdemeanor.

Source: SL 1998, ch 185, § 28; SL 2018, ch 184, § 3.
S.D. Codified Laws § 32-3A-6 — SD Code / Title 32 / Chapter 3A / Section 32-3A-6
Size and legibility of numbers--Size and availability of certificate for inspection--Violation as misdemeanor
Status: in_force

The numbers awarded and displayed on a motorboat pursuant to § 32-3A-5 may not be less than three inches in height and shall be maintained in legible condition. The registration shall be available at all times for inspection in the boat for which issued, whenever the boat is in operation. A violation of this section is a Class 2 misdemeanor.

Source: SL 1959, ch 125, § 4; SDC Supp 1960, § 25.1404 (1); SL 1963, ch 143, § 2; SL 1984, ch 279, § 5; SL 1991, ch 356; SL 1993, ch 322, § 6; SDCL 42-8-7.
S.D. Codified Laws § 32-11-32 — SD Code / Title 32 / Chapter 11 / Section 32-11-32
Transfer from motor vehicle fund to local government highway and bridge fund--Balance maintained in motor vehicle fund
Status: in_force

The total of the collections coming into the state motor vehicle fund during the preceding fiscal year, less the amount to cover the corresponding expenses, shall be transferred on or about August first of each year to the local government highway and bridge fund except that a balance be maintained to provide cash flow in the state motor vehicle fund.

Source: SL 1953, ch 250, § 3; SDC Supp 1960, § 44.0217; SL 1965, ch 190; SL 1983, ch 238, § 3; SL 1985, ch 252, § 6.
S.D. Codified Laws § 32-40-22 — SD Code / Title 32 / Chapter 40 / Section 32-40-22
Disclosures required in claims investigations
Status: in_force

In a claims coverage investigation, transportation network companies shall immediately provide upon request by directly involved parties or any insurer of the transportation network company driver if applicable, the precise times that a transportation network company driver logged on and off of the transportation network company's digital network in the twelve-hour period immediately preceding and in the twelve-hour period immediately following the accident. Any insurer providing coverage as set forth in § 32-40-8 or 32-40-9 shall disclose upon request by any other such insurer involved in the particular claim, the applicable coverages, exclusions, and limits provided under any motor vehicle insurance maintained in order to satisfy the requirements of §§ 32-40-8 and 32-40-9 .

Source: SL 2016, ch 167, § 22.
S.D. Codified Laws § 32-22-8.2 — SD Code / Title 32 / Chapter 22 / Section 32-22-8.2
Local regulation restricted--Access permits
Status: in_force

No local unit of government may deny commercial motor vehicle combinations described in § 32-22-8.1 or motor vehicles operating under a special permit access to the interstate system or state trunk system highways from established truck terminals, loading docks, or maintenance facilities.

The Division of Highway Patrol may grant access permits to drivers of motor vehicles described in § 32-22-8.1 or motor vehicles operating under a special permit to any established truck terminal, loading dock, or maintenance facility. The access permit shall state the highway or street to be traveled upon and shall be available at all permit locations in the state.

Source: SL 1983, ch 246, § 5; SL 1984, ch 230, § 10; SL 1987, ch 234, § 2; SL 1992, ch 372, § 17.
S.D. Codified Laws § 32-12A-72 — SD Code / Title 32 / Chapter 12A / Section 32-12A-72
Downgrade of license--Erroneous downgrade--Reinstatement of permit or privilege--Notification
Status: in_force

After the department completes and records the downgrade of the driver record on the commercial driver license information system, and if the Federal Motor Carrier Safety Administration notifies the department that the driver was erroneously identified as prohibited from operating a commercial motor vehicle, the department shall:

(1) Reinstate the commercial learner's permit or commercial driver license privilege to the driver's license as expeditiously as possible; and

(2) Expunge from the commercial driver license information system the driver record and, if applicable, the motor vehicle record, as defined in 49 C.F.R. § 390.5T (March 9, 2022), any reference related to the driver's erroneous prohibited status.

Source: SL 2024, ch 117, § 4.
S.D. Codified Laws § 32-6B-12.1 — SD Code / Title 32 / Chapter 6B / Section 32-6B-12.1
Low-speed vehicle retail sales
Status: in_force

Any person engaged in the retail sale of low-speed vehicles shall be licensed as a vehicle dealer or used vehicle dealer.

Source: SL 2008, ch 147, § 7.
S.D. Codified Laws § 32-6E-13 — SD Code / Title 32 / Chapter 6E / Section 32-6E-13
Hearing to determine change in circumstances sufficient to support dealership
Status: in_force

If a franchisor is permitted to terminate or not to continue a franchise and is further permitted not to enter into a franchise for the line/make in the community, no franchise may be entered into for the sale of snowmobiles of that line/make in the community, unless the franchisor has first established, in a hearing held under the provisions of chapter 1-26 , that there has been a change of circumstances so that the community at that time can be reasonably expected to support the dealership.

Source: SL 1994, ch 248, § 13.
S.D. Codified Laws § 32-6B-82 — SD Code / Title 32 / Chapter 6B / Section 32-6B-82
Exceptions for the purpose of broadening diversity of dealer body
Status: in_force

For the purpose of broadening the diversity of its dealer body and enhancing opportunities for qualified persons who are part of a group who have historically been underrepresented in its dealer body, or other qualified persons who lack the resources to purchase a dealership outright, but for no other purpose, a manufacturer or franchisor may temporarily own an interest in a dealership if the manufacturer's or franchisor's participation in the dealership is in a bona fide relationship with a franchised vehicle dealer who:

(1) Has made a significant investment in the dealership, subject to loss;

(2) Has an ownership interest in the dealership; and

(3) Operates the dealership under a plan to acquire full ownership of the dealership within a reasonable time and under reasonable terms and conditions.

Source: SL 2000, ch 151, § 4.
S.D. Codified Laws § 32-12A-5.1 — SD Code / Title 32 / Chapter 12A / Section 32-12A-5.1
Railroad-highway grade crossing violation--Employer--Penalty
Status: in_force

The state's attorney for the county in which a violation of subdivision 32-12A-5 (4) occurs shall commence a civil in rem proceeding of not more than twenty thousand five hundred and thirty-seven dollars against the employer.

Source: SL 2002, ch 156, § 6; SL 2023, ch 103, § 1; SL 2025, ch 126, § 1.
S.D. Codified Laws § 32-38-4 — SD Code / Title 32 / Chapter 38 / Section 32-38-4
Failure to comply--Evidence
Status: in_force

Failure to comply with the provisions of this chapter does not constitute contributory negligence, comparative negligence, or assumption of the risk. Failure to comply with the provisions of this chapter may not be introduced as evidence in any criminal litigation other than a prosecution under this chapter or in any civil litigation on the issue of injuries or on the issue of mitigation of damages.

Source: SL 1994, ch 266, § 4.
S.D. Codified Laws § 32-5-103.1 — SD Code / Title 32 / Chapter 5 / Section 32-5-103.1
Alteration or forgery of registration card--Felony
Status: in_force

No person may alter or forge, or may cause to be altered or forged, a motor vehicle registration card or other temporary registration device or a copy of a card or device issued pursuant to the provisions of this chapter or chapter 32-6B . Any violation of this section is a Class 6 felony.

Source: SL 2014, ch 141, § 2; SL 2015, ch 159, § 1.
S.D. Codified Laws § 32-17-8.1 — SD Code / Title 32 / Chapter 17 / Section 32-17-8.1
Stop lamps required--Mounting--Visibility--Violation as petty offense
Status: in_force

Except for a vehicle equipped with a slow-moving vehicle emblem in compliance with §§ 32-15-20 and 32-15-21 , each motor vehicle, trailer, semitrailer, and pole trailer shall be equipped with at least two stop lamps with at least one on each side. The side stop lamps shall be mounted on the same level and as widely spaced laterally as practicable. However, each motor vehicle, trailer, semitrailer, and pole trailer manufactured and assembled before July 1, 1973, and each motorcycle and motor-driven cycle shall be equipped with at least one stop lamp. A stop lamp shall be mounted on the rear of the vehicle at a height of no more than seventy inches nor less than fifteen inches. Each stop lamp shall display a red light visible from a distance of not less than three hundred feet to the rear in normal sunlight, except for a moped, which shall be visible from a distance of not less than one hundred fifty feet. Each stop lamp shall be actuated upon application of the brake which may be incorporated with one or more rear lamps. A violation of this section is a petty offense.

Source: SL 1973, ch 206; SL 1974, ch 220, § 2; SL 1978, ch 230, § 6; SL 1989, ch 255, § 44; SL 2017, ch 139, § 1.
S.D. Codified Laws § 32-1-7 — SD Code / Title 32 / Chapter 1 / Section 32-1-7
Dealer information available to public
Status: in_force

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

Source: SL 2021, ch 130, § 1.
S.D. Codified Laws § 32-27-2 — SD Code / Title 32 / Chapter 27 / Section 32-27-2
Yielding right-of-way to pedestrians at controlled intersections--Circumstances under which pedestrians must yield--Violation as petty offense
Status: in_force

At intersections where traffic is controlled by traffic control signals or police officers, drivers of vehicles, including those making turns, shall yield the right - of - way to pedestrians crossing or those who have started to cross the roadway on a green or go signal, and in all other cases pedestrians shall yield the right - of - way to vehicles lawfully proceeding directly ahead on a green or go signal. A violation of this section by a driver is a petty offense. A violation of this section by a pedestrian is a petty offense.

Source: SDC 1939, § 44.0318 as added by SL 1945, ch 188; SL 1989, ch 255, § 185.
S.D. Codified Laws § 32-9-3 — SD Code / Title 32 / Chapter 9 / Section 32-9-3
Exceptions from definitions of motor carrier and commercial vehicle
Status: in_force

For the purposes of this chapter, the following do not come within the definition of motor carriers or commercial vehicles if used in intrastate operations:

(1) A motor vehicle registered in South Dakota used to carry private business property of five hundred pounds or less;

(2) A motor vehicle chassis registered in South Dakota on which is mounted a cornsheller, grain cleaner, feed grinder, grain and alfalfa feed mixing machine, haystack mover, sawmill, water well drilling equipment, power shovel, ditchdigger, mobile crane which exceeds the maximum size or weight limits prescribed by chapter 32-22 , drag line, posthole auger, and which is not used for demonstration or display purposes outside the limits of a municipality, or a truck tractor and trailer carrying permanently mounted hay grinding equipment;

(3) Any motor vehicle registered in South Dakota used for the transportation of liquid or solid livestock waste including trailers and equipment used to load liquid or solid livestock waste and any vehicle registered in South Dakota used for the application, distribution, spraying, or transportation from retail business to user of dry, liquid, or anhydrous ammonia fertilizers or agricultural chemicals;

(4) A motor vehicle registered in South Dakota of less than thirty thousand pounds gross weight owned by a merchant licensed under chapter 10-45 or the merchant's commissioned paid employee and used to transport the merchant's previously sold merchandise to a purchaser outside the limits of a municipality and to return exchanged property or to transport fuels to a purchaser within a municipality or an unincorporated town which is without such service;

(5) A motor vehicle registered in South Dakota, owned by a farmer of this state and used by or for the farmer to transport property for the farmer's farming operation, to transport farm property from farm to farm or from a community or market to the farm or from the farm to a community or market, to transport livestock in a vehicle or combination of vehicles registered at twenty-six thousand pounds or less without monetary compensation, or to transport farm property when the vehicles are used as reimbursement in the ordinary exchange of farm work;

(6) A motor vehicle registered in South Dakota operated by or for its owner and exclusively used to transport products originating in or produced from logging or mining operations or lumber milling waste products if such products are owned in fee by the motor vehicle owner;

(7) Any motor vehicle, trailer, semitrailer, motor propelled, or trailed vehicle chassis registered in South Dakota, which is used exclusively on the job site for the construction of township roads, stock water dugouts, dams, farm and ranch irrigation systems, or other soil and water conservation projects on farms and ranches, or for the construction or maintenance of highways in the State of South Dakota. Prior to moving any such vehicle or equipment between job sites or from job site to a central location, the owner shall register the vehicle or equipment pursuant to § 32-9-58 ;

(8) A motor vehicle used principally for providing prearranged transportation of persons to or from their place of employment and is operated by a person who does not drive the vehicle for the person's principal occupation, but is driving it only to or from the person's principal place of employment or for personal use as permitted by the owner of the vehicle;

(9) A motor vehicle that is not for hire and is operated solely for educational purposes by a student or an instructor as part of a heavy motor vehicle or heavy equipment operator's course offered by a nonprofit postsecondary institution located in the state;

(10) A motor vehicle used for personal purposes and not operated for private business use;

(11) A motor vehicle used for recreational purposes and not operated for private business use;

(12) A motor vehicle, trailer, semitrailer, motor propelled, or trailed vehicle chassis, registered in South Dakota and used to move equipment involved in soil and water conservation projects or township road work when operated between job sites or from a job site to a central location or point of repair;

(13) Any motor vehicle used by an implement dealer to transport farm machinery to and from a county fair or the state fair;

(14) A motor vehicle owned by a licensed motor vehicle dealer and used to transport inventory replacement vehicles to the dealer's principal place of business. For the purpose of this subdivision, motor vehicle does not include any motor vehicle which carries inventory replacement vehicles entirely upon its own structure;

(15) A school bus registered in South Dakota operated under the provisions of § 32-32-13 and in possession of a letter issued by the highway patrol for each event verifying the bus is operated in compliance with § 32-32-13 ; and

(16) A motor vehicle used to provide any prearranged ride as defined by § 32-40-1 .

Source: SDC 1939, § 44.0422; SL 1943, ch 160; SL 1953, ch 238; SL 1957, ch 230; SL 1959, ch 256; SL 1959, ch 257; SL 1961, ch 235; SL 1969, ch 174, § 2; SL 1970, ch 171; SL 1971, ch 186; SL 1972, ch 175, § 2; SL 1977, ch 249, § 19; SL 1978, ch 224, §§ 21 to 24; SL 1979, ch 211; SL 1979, ch 212; SL 1979, ch 213; SL 1981, ch 239, §§ 2, 3A; SL 1981, ch 335, § 2; SL 1983, ch 236; SL 1983, ch 237, § 2; SL 1984, ch 224; SL 1985, ch 15, § 39; SL 1985, ch 250; SL 1985, ch 251; SL 1987, ch 224, § 1; SL 1987, ch 349, § 1; SL 1988, ch 250; SL 1989, ch 264, § 1; SL 1990, ch 247; SL 1991, ch 239, § 10A; SL 1991, ch 248; SL 1992, ch 213; SL 1992, ch 214; SL 1994, ch 249; SL 2000, ch 152, § 1; SL 2001, ch 164, § 3; SL 2016, ch 163, § 1; SL 2016, ch 167, § 23.
S.D. Codified Laws § 32-9-57.1 — SD Code / Title 32 / Chapter 9 / Section 32-9-57.1
Revocation or suspension of transporter plate--Failure to surrender plate as misdemeanor
Status: in_force

The department may, pursuant to chapter 1-26 , revoke or suspend the transporter plate issued pursuant § 32-9-57 which belongs to any transporter. It is a Class 1 misdemeanor for any transporter to fail or refuse to surrender to the department upon its lawful demand any transporter plate which has been revoked or suspended.

Source: SL 2002, ch 148, § 5; SL 2005, ch 71, § 12.
S.D. Codified Laws § 32-38-5 — SD Code / Title 32 / Chapter 38 / Section 32-38-5
Enforcement--Violation as petty offense
Status: in_force

Enforcement of this chapter by state or local law enforcement agencies shall be accomplished as a secondary action. A violation of this chapter is a petty offense.

Source: SL 1994, ch 266, § 5.
S.D. Codified Laws § 32-12A-18 — SD Code / Title 32 / Chapter 12A / Section 32-12A-18
Disqualification of commercial driving privileges for use of false information
Status: in_force

If any person knowingly falsifies information or certifications required by this chapter, the department shall disqualify that person's commercial driving privileges for a period of at least sixty consecutive days.

Source: SL 1989, ch 267, § 13; SDCL § 32-12-93; SL 2001, ch 171, §§ 86, 115; SL 2005, ch 167, § 14.
S.D. Codified Laws § 32-5B-20 — SD Code / Title 32 / Chapter 5B / Section 32-5B-20
Gross receipts tax on vehicle rental--Violation as misdemeanor
Status: in_force

There is hereby imposed a tax of four and one-half percent upon the gross receipts of any person renting a rental vehicle as defined in § 32-5B-19 . This tax applies to all vehicles registered in accordance with § 32-5-6 , 32-5-8.1 , or 32-5-9 . Any rental vehicle not licensed in accordance with § 32-5-6 , 32-5-8.1 , or 32-5-9 is subject to the motor vehicle excise tax in § 32-5B-1 .

The tax imposed by this section is in addition to any tax levied pursuant to chapter 10-45 or 10-46 upon the rental of a rental vehicle. The provisions of chapter 10-45 apply to the administration and enforcement of the tax imposed by this section. The tax imposed by this section is in lieu of the tax levied by § 32-5B-1 on the sales of such motor vehicles. A violation of this section is a Class 1 misdemeanor.

Source: SL 1994, ch 245, § 5; SL 1995, ch 175, § 2; SL 1997, ch 181, § 2; SL 2015, ch 162, § 1; SL 2023, ch 32, §§ 17, 19.There is hereby imposed a tax of four and two-tenths percent upon the gross receipts of any person renting a rental vehicle as defined in § 32-5B-19 . This tax applies to all vehicles registered in accordance with § 32-5-6 , 32-5-8.1 , or 32-5-9 . Any rental vehicle not licensed in accordance with § 32-5-6 , 32-5-8.1 , or 32-5-9 is subject to the motor vehicle excise tax in § 32-5B-1 .

The tax imposed by this section is in addition to any tax levied pursuant to chapter 10-45 or 10-46 upon the rental of a rental vehicle. The provisions of chapter 10-45 apply to the administration and enforcement of the tax imposed by this section. The tax imposed by this section is in lieu of the tax levied by § 32-5B-1 on the sales of such motor vehicles. A violation of this section is a Class 1 misdemeanor.

Source: SL 1994, ch 245, § 5; SL 1995, ch 175, § 2; SL 1997, ch 181, § 2; SL 2015, ch 162, § 1; SL 2023, ch 32, § 17.
S.D. Codified Laws § 32-5-102 — SD Code / Title 32 / Chapter 5 / Section 32-5-102
Prosecution for assault or homicide not barred--Civil action
Status: in_force

A conviction of a violation of any of the provisions of this chapter shall not be a bar to a prosecution for an assault or for a homicide or to a civil action for injury caused by any person in operating a motor vehicle.

Source: SDC 1939, § 44.0117.
S.D. Codified Laws § 32-9-44.1 — SD Code / Title 32 / Chapter 9 / Section 32-9-44.1
Failure to surrender suspended, revoked or canceled plate or certificate as misdemeanor--Assistance by peace officers
Status: in_force

It is a Class 1 misdemeanor for any carrier to fail or refuse to surrender to the Department of Revenue upon its lawful demand any commercial motor vehicle license plate or certificate which has been suspended, revoked or canceled. If any person shall fail to return the commercial motor vehicle certificate or license to the secretary of revenue after lawful demand, the secretary shall forthwith direct any peace officer to secure possession thereof and return it to the secretary.

Source: SL 1975, ch 201, § 2; SL 1977, ch 249, § 43; SL 2004, ch 17, § 117; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-17-9 — SD Code / Title 32 / Chapter 17 / Section 32-17-9
Red lights on front of vehicle prohibited--Excepted vehicles--Misdemeanor
Status: in_force

Except for any authorized emergency vehicle as defined by § 32-14-1 , any person who drives or moves any vehicle upon a highway with any red light thereon visible from directly in front thereof, is guilty of a Class 2 misdemeanor.

Source: SDC 1939, § 44.9924; SL 1967, ch 208, § 4; SL 1975, ch 206, § 1; SL 1977, ch 189, § 109; SL 1993, ch 233, § 2.
S.D. Codified Laws § 32-12-66 — SD Code / Title 32 / Chapter 12 / Section 32-12-66
Extension of period of suspension for driving while license or privilege suspended--Delayed issuance of new license for driving while license revoked
Status: in_force

If the Department of Public Safety receives a record of the conviction of any person under § 32-12-65 for driving a vehicle while that person's driver license or driving privilege was suspended, it shall extend the period of suspension for an additional like period. If the conviction was for driving while a license was revoked, the department may not issue a new license until one year from the date the person would otherwise have been entitled to apply for a new license.

Source: SL 1959, ch 261, § 29; SDC Supp 1960, § 44.9950 (2); SL 1986, ch 256; SL 1988, ch 254, § 6; SL 1992, ch 220, § 2; SL 2001, ch 171, § 60; SL 2003, ch 272, § 23; SL 2005, ch 167, § 2.
S.D. Codified Laws § 32-14-7 — SD Code / Title 32 / Chapter 14 / Section 32-14-7
Prohibiting trucks or commercial vehicles from use of designated highways--Erection of signs
Status: in_force

Local authorities, including road districts, may by ordinance or resolution prohibit the operation of trucks or other commercial vehicles or impose limitations as to the weights of such vehicles on designated highways. The prohibitions and limitations shall be designated by appropriate signs placed on such highways.

Source: SDC 1939, § 44.0343; SL 1999, ch 151, § 7.
S.D. Codified Laws § 32-6B-20.1 — SD Code / Title 32 / Chapter 6B / Section 32-6B-20.1
Certificate kept at another dealership or at lending institution--Requirements--Notice
Status: in_force

A dealer is not required to keep a certificate of title for any vehicle with a manufacturer's weight of sixteen thousand pounds or greater if a copy of the front and back of the certificate of title which has been assigned to the dealer is kept at the location where the vehicle is being offered for sale and the original certificate of title for the vehicle is kept at another South Dakota dealership owned by the same dealer or kept by a lending institution.

Prior to keeping any certificate of title at another dealership or at a lending institution, the dealer shall notify the department in writing where the certificate of title is to be kept.

Source: SL 2005, ch 159, § 2.
S.D. Codified Laws § 32-6B-41.3 — SD Code / Title 32 / Chapter 6B / Section 32-6B-41.3
Finality of cease and desist order
Status: in_force

A cease and desist order pursuant to § 32-6B-41.1 becomes final upon expiration of the time allowed for appeals from the secretary's order if no appeal is taken, or, if an appeal is taken, upon final decision of the court if the court affirms the secretary's order or dismisses the appeal.

Source: SL 2005, ch 162, § 3.
S.D. Codified Laws § 32-3-38.3 — SD Code / Title 32 / Chapter 3 / Section 32-3-38.3
Dealer required to utilize electronic title file system
Status: in_force

Upon the sale or acquisition of any vehicle required to be titled pursuant to this chapter, a dealer licensed pursuant to this title shall utilize, if available, an electronic title file system approved by the department to verify vehicle ownership information and to record changes to vehicle ownership information.

Source: SL 2005, ch 153, § 1, eff. Jan. 1, 2008; SL 2006, ch 172, § 2.
S.D. Codified Laws § 32-12A-9 — SD Code / Title 32 / Chapter 12A / Section 32-12A-9
Operators exempt from provisions of chapter
Status: in_force

The following are exempt from the provisions of this chapter:

(1) Operators involved in farm to market transportation movements, at least sixteen years of age holding a valid operator's license, limited to those operators of a farm vehicle:

(a) Controlled and operated by a farmer;

(b) Used to transport either agricultural products, farm machinery, or farm supplies to or from a farm; and

(c) Not used in the operations of a common or contract motor carrier;

(2) Operators of emergency fire fighting equipment necessary to the preservation of life or property or the execution of emergency governmental functions performed under emergency conditions that are not subject to normal traffic regulation, or nonemergency conditions when operated by members of a fire fighting agency;

(3) Operators of commercial motor vehicles for military purposes including:

(a) Active duty military personnel;

(b) Members of the military reserves;

(c) Members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training and national guard military technicians (civilians who are required to wear military uniforms); and

(d) Active duty U.S. Coast Guard personnel;

(4) Operators of recreational vehicles;

(5) Operators of rental transporting equipment used as personal family use vehicles; and

(6) Operators of a covered farm vehicle as defined in 49 CFR 390.5 as of January 1, 2015.

United States reserve technicians are not exempt under the provisions of subdivision (3) of this section.

Source: SL 1989, ch 267, § 7; SL 1995, ch 180; SDCL § 32-12-85; SL 2001, ch 171, §§ 79, 115; SL 2004, ch 213, § 2; SL 2005, ch 167, § 10, eff. Sept. 30, 2005; SL 2007, ch 182, § 3; SL 2015, ch 168, § 8.
S.D. Codified Laws § 32-6D-4 — SD Code / Title 32 / Chapter 6D / Section 32-6D-4
Allowance for use of vehicle offset against monetary recovery
Status: in_force

Refunds shall be made to the consumer and any lien holders, as their interests may appear. There shall be offset against any monetary recovery of the consumer a reasonable allowance for the consumer's use of the vehicle. A reasonable allowance for use is that amount directly attributable to use by the consumer before his first report of the nonconformity to the manufacturer or authorized dealer and shall be calculated by multiplying the full purchase price of the motor vehicle by a fraction having as its denominator one hundred thousand and having as its numerator the number of miles that the vehicle traveled before the first report of nonconformity.

Source: SL 1993, ch 227, § 4.
S.D. Codified Laws § 32-30-12 — SD Code / Title 32 / Chapter 30 / Section 32-30-12
Abandoned vehicles--Vehicles unattended for more than twenty-four hours
Status: in_force

If any vehicle is left unattended on any public road, highway, or highway right - of - way of this state, for a longer period than twenty - four hours without notifying the sheriff, highway patrol office of the county, a peace officer of the municipality, or the appropriate municipal officials where the vehicle is parked it is an abandoned vehicle and is subject to the provisions of §§ 32-30-13 to 32-30-18 , inclusive, or to chapter 32-36 for the purposes of being titled by a removal agency.

Source: SL 1967, ch 211, § 1; SL 1988, ch 270, § 2.
S.D. Codified Laws § 32-5B-25 — SD Code / Title 32 / Chapter 5B / Section 32-5B-25
Excise taxes on off-road vehicles deposited in general fund
Status: in_force

All excise taxes collected on the purchase of an off-road vehicle as provided by § 32-5B-1 shall be deposited in the state general fund.

Source: SL 2016, ch 159, § 7.
S.D. Codified Laws § 32-5-143 — SD Code / Title 32 / Chapter 5 / Section 32-5-143
Definitions
Status: in_force

Terms used in §§ 32-5-143 to 32-5-151 , inclusive, mean:

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

(2) "Disclose," to knowingly engage in any practice or conduct to make available and make known personal information contained in a motor vehicle record about a person to any other person, organization, or entity, by any means of communication;

(3) "Express consent," consent in writing, and includes consent that is conveyed electronically that bears an electronic signature;

(4) "Individual record," a motor vehicle record containing personal information about a designated person who is the subject of the record as identified in a request;

(5) "Motor vehicle record," any record that pertains to a motor vehicle registration, motor vehicle title, or document issued by the department or any other state or local agency authorized to issue any such forms of credentials;

(6) "Personal information," information that identifies a person, including a social security number, driver identification number, name, address (but not the five-digit zip code), telephone number, and medical or disability information, but does not include information on vehicular accidents, driving or equipment-related violations, or registration status;

(7) "Record," includes any book, paper, photograph, photostat, card, film, tape, recording, electronic data, printout, or other documentary material regardless of physical form or characteristics.

Source: SL 2001, ch 165, § 1; SL 2004, ch 17, § 75; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-22-33 — SD Code / Title 32 / Chapter 22 / Section 32-22-33
Designation of certain highways for increased maximum loads permitted under federal regulations
Status: in_force

The transportation commission may designate all or any segment or portion of the state trunk highway system, and increase the maximum size and weight of vehicles, axles, trailers, semitrailers, and loads which may be operated upon and over such segments, as shall conform with such weights and sizes permitted under federal statutes, rules, and regulations.

Source: SDC 1939, § 44.0336 (8) as added by SL 1965, ch 195; SL 1987, ch 210, § 27; SL 1990, ch 257, § 2.
S.D. Codified Laws § 32-30-6.2 — SD Code / Title 32 / Chapter 30 / Section 32-30-6.2
Places where parking prohibited--Exception for loading and unloading--Violation as petty offense
Status: in_force

Unless necessary to avoid conflict with other traffic, or unless a police officer or official traffic control device has so directed, no person may park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers:

(1) Within fifty feet of the nearest rail of a railroad crossing;

(2) At any place where official signs prohibit parking.

A violation of this section is a petty offense.

Source: SL 1970, ch 175, § 31, § 2; SL 1989, ch 255, § 211.
S.D. Codified Laws § 32-5-2.7 — SD Code / Title 32 / Chapter 5 / Section 32-5-2.7
Removal of number plates required upon transfer or assignment of vehicle ownership--Credit for unexpired months--Violation as misdemeanor
Status: in_force

If the ownership of a vehicle registered pursuant to the provisions of this chapter is transferred or assigned, the transferor shall remove the number plates from the vehicle and shall receive credit for the unexpired months at the time the plates are attached to another vehicle. No refund may be issued if the plate is detached and not reattached. If the transferor fails to remove the number plates pursuant to this section, the transferor loses any credit and the plates are no longer valid. A violation of this section is a Class 2 misdemeanor.

Source: SL 2005, ch 158, § 1; SL 2007, ch 173, § 4.
S.D. Codified Laws § 32-3-1 — SD Code / Title 32 / Chapter 3 / Section 32-3-1
Definition of terms
Status: in_force

Terms used in chapters 32-3 to 32-5B , inclusive, mean:

(1) "Approved entity," any person who receives or transfers a vehicle title by sale, gift, or any means, and who is authorized by the department to use the electronic title and registration system to validate ownership and facilitate the assignment, reassignment, or transfer of title custody or ownership of a vehicle without a paper record;

(2) "Commercial motor vehicle," any motor vehicle used or maintained for the transportation of persons or property for hire, compensation, or profit; or designed, used, or maintained primarily for the transportation of property, and not specifically excluded under § 32-9-3 ;

(3) "Component part," any part of a motor vehicle, trailer, or semitrailer other than a tire, having a vehicle identification number;

(4) "Dealer," any person who, for commission or with intent to make a profit or gain, sells, exchanges, rents with option to purchase, offers, or attempts to negotiate a sale or exchange of new, or new and used vehicles; or who is engaged wholly or in part in the business of selling new, or new and used vehicles, whether or not the vehicles are owned by that person;

(5) "Department," Department of Revenue;

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

(7) "Electronic title and registration system," a system established under § 32-3-69.1 by which title applications, title lien statements, certificates of title, and other supporting documents, signatures, and fees are entered and transmitted through the title application and registration process in an electronic format;

(8) "ERT provider," a person who operates a program that provides title and registration services and is authorized by the department to act on behalf of the department and county treasurers in receiving, processing, and transmitting to the department registration applications and related fees;

(9) "Gross vehicle weight rating," the value specified by the manufacturer as the loaded weight of a single vehicle;

(10) "Junking certificate," a certificate of ownership, which may not be restored to a title document that allows highway use, issued by the department to the owner of a vehicle that is going to be dismantled and sold for parts;

(11) "Low-speed vehicle," a four-wheeled motor vehicle whose speed attainable in one mile is more than twenty miles per hour and not more than twenty-five miles per hour on a paved level surface;

(12) "Manufactured home," a structure, transportable in one or more sections, that is eight body feet or more in width or forty body feet or more in length in the traveling mode, or is three hundred twenty square feet or more when erected on a site; that is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities; and that contains the plumbing, heating, air conditioning, and electrical systems therein. The term includes any structure that meets all the requirements of this subdivision and any other structure that has been certified by the secretary of housing and urban development. The term does not include a recreational park trailer;

(13) "Manufacturer," any person, firm, corporation, limited liability company, or association engaged in the manufacture of new motor vehicles as a regular business;

(14) "Mobile home," a movable or portable unit, designed and constructed to be towed on its own chassis (comprised of frame and wheels), and designed to be connected to utilities for year-round occupancy. The term includes:

(a) Units containing parts that may be folded, collapsed, or telescoped when being towed and that may be expanded to provide additional cubic capacity; and

(b) Units composed of two or more separately towable components designed to be joined into one integral unit capable of being separated again into the components for repeated towing.

The term does not include a recreational park trailer;

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

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

(17) "Motor vehicle," automobiles, motor trucks, motorcycles, house trailers, trailers, and all vehicles propelled by power other than muscular power, except traction engines, road rollers, farm wagons, freight trailers, vehicles that run only on rails or tracks, electric bicycles, multi-passenger quadricycle as defined in § 32-14-17 , and off-road vehicles as defined in § 32-20-1 ;

(18) "New motor vehicle," any motor vehicle to which a manufacturer's statement of origin has not been transferred, or is a motor vehicle on which title was issued from the manufacturer's statement of origin or manufacturer's certificate of origin and is still in the name of the first person who took title to the vehicle;

(19) "Noncommercial motor vehicle," any motor vehicle not classified as a commercial motor vehicle;

(20) "Noncommercial trailer or semitrailer," any trailer or semitrailer not used or maintained for the transportation of persons or property for hire, compensation, or profit;

(21) "Notation," a physical or electronic process of recording a lien on a certificate of title, a manufacturer's statement of origin, or a manufacturer's certificate of origin;

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

(23) "Owner," any person, firm, association, trust, or corporation renting a motor vehicle or having the exclusive use thereof, under a lease or otherwise, for a period greater than thirty days; as between contract vendor and contract vendee, the term, owner, refers to the contract vendee, unless the contrary clearly appears from the context of chapters 32-3 to 32-5B , inclusive, or a person or trust having legal possession or title;

(24) "Rebuilt vehicle," any motor vehicle, trailer, or semitrailer that has been rebuilt by the addition or deletion of assemblies, subassemblies, parts, or component parts so that upon gross visual examination it does not appear to be the vehicle described in the certificate of title last issued for the vehicle, or whose title has been marked as rebuilt by this state or another state or jurisdiction;

(25) "Recreational park trailer," a vehicle that is primarily designed to provide temporary living quarters for recreational, camping, or seasonal use and which:

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

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

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

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

(26) "Recreational vehicle," a vehicular portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreational, vacation, or seasonal uses, and that is permanently identified as a travel trailer or a recreational park trailer by the manufacturer of the trailer;

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

(28) "Secretary," secretary of revenue;

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

(30) "State," includes the territories and the federal districts of the United States;

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

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

(33) "Used vehicle," any motor vehicle to which title has been issued to someone other than the first person who took title to the motor vehicle from the manufacturer's statement of origin or manufacturer's certificate of origin; and

(34) "Vehicle identification number," the number assigned by the manufacturer or by the department for the purpose of identifying the vehicle. The term includes any number or letters assigned by the manufacturer for the purpose of identifying a component part and any such number stamped on a vehicle or part according to law or the rules promulgated by the department for the purpose of identifying the vehicle or part.

Source: SDC 1939, § 44.0201; SL 1941, ch 184, § 1; SL 1951, ch 229, § 1; SL 1965, ch 186, § 1; SL 1975, ch 196, § 1; SL 1985, ch 238, § 1; SL 1986, ch 242, § 1; SL 1987, ch 29, § 13; SL 1987, ch 82, § 47; SL 1988, ch 236, § 1; SL 1988, ch 238, § 1; SL 1989, ch 256, § 6; SL 1989, ch 257, § 1; SL 1990, ch 231, § 7; SL 1994, ch 351, § 52; SL 1998, ch 171, § 4; SL 2004, ch 17, § 39; SL 2008, ch 53, § 2; SL 2008, ch 147, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2019, ch 135, § 8; SL 2024, ch 108, § 3; SL 2024, ch 118, § 4; SL 2025, ch 44, § 6.
S.D. Codified Laws § 32-19-9 — SD Code / Title 32 / Chapter 19 / Section 32-19-9
Chains or cables required in addition to coupling--Fifth wheel and kingpin coupling--Violation as misdemeanor
Status: in_force

Every trailer which shall be towed on the public highways at a speed in excess of twenty miles per hour shall be coupled to the towing vehicle by means of a safety chain, chains, cables, or equivalent devices in addition to the regular trailer hitch or coupling. This requirement does not apply to a semitrailer having a connecting device composed of a fifth wheel and kingpin assembly meeting the requirement of the interstate commerce commission, nor to a pole, pipe, casing, log, or piling dolly. Any person who violates this section is guilty of a Class 2 misdemeanor.

Source: SL 1963, ch 276, §§ 1, 2; SDCL § 32-19-11 .
S.D. Codified Laws § 32-5B-8 — SD Code / Title 32 / Chapter 5B / Section 32-5B-8
Fixing value, capacity, and weight of rebuilt or foreign vehicle
Status: in_force

The secretary may fix the value, carrying capacity, and weight of any rebuilt or foreign vehicle or on any vehicle on which a record of the value, carrying capacity, or weight is not available in his office.

Source: SL 1957, ch 240, § 1; SDC Supp 1960, § 44.0108-1; SDCL, § 32-5-36 ; SL 1980, ch 213, § 4; SL 1985, ch 241, § 19; SL 1986, ch 242, § 21.
S.D. Codified Laws § 32-12-73 — SD Code / Title 32 / Chapter 12 / Section 32-12-73
Permitting unauthorized minor to use vehicle--Violation as misdemeanor
Status: in_force

No person may cause or knowingly permit that person's child or ward under the age of eighteen years to drive a motor vehicle upon any highway when the minor 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, § 30; SDC Supp 1960, § 44.03B27; SL 2001, ch 171, § 67.
S.D. Codified Laws § 32-12-4.5 — SD Code / Title 32 / Chapter 12 / Section 32-12-4.5
Rules authorized for medical and vision standards of drivers
Status: in_force

The secretary of the Department of Public Safety may promulgate rules on medical criteria and vision standards relating to the licensing of drivers under the provisions of this chapter.

Source: SL 1974, ch 230, § 4; SL 1986, ch 22, § 4; SL 2003, ch 272, § 23.
S.D. Codified Laws § 32-28-20 — SD Code / Title 32 / Chapter 28 / Section 32-28-20
Definitions regarding limitations on interstate compacts relating to red light and speed cameras
Status: in_force

Terms used in §§ 32-28-21 and 32-28-22 mean:

(1) "Interstate compact," a voluntary arrangement between two or more states that becomes the law of each state;

(2) "Red light camera," an automated camera used to capture an image of a vehicle entering an intersection when the traffic light is signaling red;

(3) "Speed camera," an automated camera used to measure and record the speed of vehicles for the purpose of capturing an image of a vehicle that is traveling in excess of the posted speed limit;

(4) "Civil fine," a financial penalty imposed by a governmental entity that is imposed without proving the violation, beyond a reasonable doubt, to a court of law or duly impaneled jury.

Source: SL 2014, ch 155, § 1.
S.D. Codified Laws § 32-35-69 — SD Code / Title 32 / Chapter 35 / Section 32-35-69
Conditions of owner's policy--Description of vehicles
Status: in_force

An owner's policy of liability insurance referred to in § 32-35-68 shall designate by explicit description or by appropriate reference all vehicles with respect to which coverage is thereby to be granted.

Source: SL 1957, ch 212, § 51; SDC Supp 1960, § 44.03A51 (2) (a).
S.D. Codified Laws § 32-6B-36.4 — SD Code / Title 32 / Chapter 6B / Section 32-6B-36.4
Use of agency plates--Transfer of plates--Violation as misdemeanor
Status: in_force

Any vehicle being transported to or from the auction agency's place of business bearing a "99" license plate issued pursuant to § 32-6B-36.3 may be driven on the streets and highways of this state for the purpose of transporting a vehicle that will be sold or has been sold by the auction agency. The "99" license plate is transferable by the auction agency from one vehicle to another vehicle for transporting purposes. A violation of this section is a Class 2 misdemeanor.

Source: SL 2002, ch 152, § 2.
S.D. Codified Laws § 32-12-3.5 — SD Code / Title 32 / Chapter 12 / Section 32-12-3.5
Documents with applicant's name and residence address to be presented with application
Status: in_force

Any applicant under the provisions of this chapter shall, on making application for an operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, instruction permit, motorcycle instruction permit, or nondriver identification card, present to the examiner at least two documents containing the applicant's name and address of principal residence in order to establish the applicant's address of principal residence.

Source: SL 2009, ch 154, § 7, eff. Dec. 31, 2009.
S.D. Codified Laws § 32-29-3 — SD Code / Title 32 / Chapter 29 / Section 32-29-3
Duty when approaching yield sign--Pedestrians--Violation as misdemeanor--Collision prima facie evidence of failure to yield
Status: in_force

The driver of a vehicle approaching a yield sign shall in obedience to the sign slow down to a speed reasonable for the existing conditions, or shall stop if necessary in a similar manner as provided in § 32-29-2.1 , and shall yield the right - of - way to any pedestrian legally crossing the roadway on which he is driving, and to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard. The driver, having so yielded, may proceed and the drivers of all other vehicles approaching the intersection shall yield to the vehicle so proceeding. A violation of this section is a Class 2 misdemeanor.

However, if the driver is involved in a collision with a pedestrian in a crosswalk or a vehicle in the intersection after driving past a yield sign without stopping, the collision is prima facie evidence of his failure to yield the right - of - way.

Source: SL 1961, ch 225, § 2 (2); SL 1989, ch 255, § 196; SL 1989, ch 256, § 26.
S.D. Codified Laws § 32-6C-6.3 — SD Code / Title 32 / Chapter 6C / Section 32-6C-6.3
Time period to satisfy lien after receipt of funds--Offering snowmobile for sale prior to tender to lienholder
Status: in_force

If a dealer enters into an agreement pursuant to § 32-6C-6.1 , the dealer shall satisfy the lien within ten business days after the receipt of funds. No dealer may offer the snowmobile for sale until payment has been tendered to the lienholder, except on a consigned snowmobile, whereby the dealer shall comply with the terms of the consignment agreement.

Source: SL 2005, ch 159, § 9.
S.D. Codified Laws § 32-6B-29 — SD Code / Title 32 / Chapter 6B / Section 32-6B-29
Restrictions on dealer use of temporary license permits--Renewal prohibited--Violation as misdemeanor
Status: in_force

No dealer may use the temporary license permits provided for pursuant to the provisions of § 32-6B-26 , upon any vehicle owned by the dealer or for any purpose other than for vehicles sold by the dealer. No person may renew the temporary license permit. A violation of this section is a Class 1 misdemeanor.

Source: SL 1986, ch 250, § 30; SL 1990, ch 228, § 7; SL 2015, ch 156, § 15; SL 2015, ch 159, § 2.
S.D. Codified Laws § 32-19-10 — SD Code / Title 32 / Chapter 19 / Section 32-19-10
Safety chain slack and coupling--Violation as misdemeanor
Status: in_force

No more slack shall be left in safety chains, cables, or equivalent devices than shall be necessary to permit proper turning and the safety chains, cables, or equivalent device shall be so connected to the towed and towing vehicle and to the drawbar to prevent the drawbar from dropping to the ground if the drawbar fails and shall be of sufficient strength to control the trailer in event of failure of the regular trailer hitch or coupling. Any person who violates this section is guilty of a Class 2 misdemeanor.

Source: SL 1963, ch 276, §§ 1, 2; SDCL § 32-19-11 .
S.D. Codified Laws § 32-3-51.13 — SD Code / Title 32 / Chapter 3 / Section 32-3-51.13
Rebuilt or salvage vehicle--Application for junking certificate--Inspection
Status: in_force

Any motor vehicle, whose title has been marked as rebuilt or salvage by this state or any other state or jurisdiction, or any motor vehicle, whose owner is applying for a junking certificate, may be inspected by an employee of the department, or a person designated by the department.

Source: SL 1988, ch 238, § 9.
S.D. Codified Laws § 32-34-13.1 — SD Code / Title 32 / Chapter 34 / Section 32-34-13.1
Fees of local law enforcement personnel for furnishing copies of accident reports
Status: in_force

County or municipal law enforcement personnel may collect four dollars for each copy of an accident report furnished to any person by their office. Accident reports furnished to the Department of Public Safety pursuant to § 32-34-10 shall be provided at no cost to the state. For reports supplied by county law enforcement personnel, collected funds shall be accounted for pursuant to chapter 7-11 . For reports supplied by municipal law enforcement personnel, collected funds shall be accounted for pursuant to chapter 9-22 .

Source: SL 1984, ch 234; SL 1985, ch 399, § 20; SL 1991, ch 263, § 2; SL 2004, ch 17, § 149.
S.D. Codified Laws § 32-26-18 — SD Code / Title 32 / Chapter 26 / Section 32-26-18
Left-turning vehicle--Manner of making turn--Violation as misdemeanor
Status: in_force

The driver of a vehicle intending to turn left shall approach the turn in the extreme left - hand lane lawfully available to traffic moving in the direction of travel of the vehicle. If practicable, the left turn shall be made to the left of the center of the intersection and so as to leave the intersection or other location in the extreme left - hand lane lawfully available to traffic moving in the same direction as the vehicle on the roadway being entered. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0316; SL 1970, ch 175, § 16; SL 1982, ch 226, § 9; SL 1989, ch 255, § 155.
S.D. Codified Laws § 32-12-26 — SD Code / Title 32 / Chapter 12 / Section 32-12-26
Reciprocity respecting nonresident provisions
Status: in_force

The provisions of § 32-12-24 granting exemptions to any nonresident are operative only to the same extent that the laws of the state of the nonresident grant exemptions to residents of this state.

Source: SDC Supp 1960, § 44.03B02 as added by SL 1964, ch 128, § 1; SL 1989, ch 265, § 23.
S.D. Codified Laws § 32-12-64 — SD Code / Title 32 / Chapter 12 / Section 32-12-64
Forwarding record without charge
Status: in_force

If the Department of Public Safety receives a request for a driver's record from another licensing jurisdiction, the record shall be forwarded without charge.

Source: SL 1959, ch 261, § 5; SDC Supp 1960, § 44.03B05 (4); redesignated § 44.03B05 (5) by SL 1966, ch 136, § 2; SL 2001, ch 171, § 59; SL 2003, ch 272, § 23.
S.D. Codified Laws § 32-15-2.1 — SD Code / Title 32 / Chapter 15 / Section 32-15-2.1
Laminated glass required for windshield--Position--Minimum height--Exemption
Status: in_force

Every motor vehicle shall be equipped with an approved laminated safety glass windshield. The windshield shall be in such position that it affords continuous horizontal frontal protection to the driver and front seat occupants. The minimum vertical height of the unobstructed windshield glass shall be six inches. The provisions of this section do not apply to a motor vehicle manufactured prior to July 1, 1953, if the driver of the motor vehicle is wearing an eye protective device.

Source: SL 1978, ch 228, § 1; SL 1992, ch 221.
S.D. Codified Laws § 32-34-10 — SD Code / Title 32 / Chapter 34 / Section 32-34-10
Duty of law enforcement officer upon receipt of notice of accident--Report to department
Status: in_force

Each law enforcement officer or other person assigned by a law enforcement agency to investigate traffic accidents shall, after receiving notice that an accident described in § 32-34-7 occurred, cause a notice to be affixed in a manner prescribed by the secretary of public safety to the vehicle damaged, indicating that the accident has been reported and the circumstances surrounding the accident are being investigated. The law enforcement officer or other person assigned by a law enforcement agency to investigate traffic accidents shall forward to the Department of Public Safety, within three days after completion of the investigation of the accident, an investigator's report of the accident so reported. After July 1, 2013, any law enforcement officer or other person assigned by a law enforcement agency to investigate traffic accidents and complete a report pursuant to § 32-34-7 is required to file the report by electronic means with the department if the submissions pursuant to § 32-34-7 for that law enforcement agency total more than sixty reports during the prior calendar year.

Source: SDC 1939, § 44.0331; SL 1945, ch 190, § 1; SL 1953, ch 232, § 1; SL 1955, ch 172; SL 1957, ch 212, § 76; SL 1961, ch 226; SL 1967, ch 193; SL 1974, ch 229, § 1; SL 1977, ch 267, § 1; SL 1985, ch 399, § 21; SL 1985, ch 406, § 20; SL 1989, ch 256, § 38; SL 1998, ch 197, § 2; SL 2004, ch 17, § 145; SL 2012, ch 170, § 1.
S.D. Codified Laws § 32-26-43 — SD Code / Title 32 / Chapter 26 / Section 32-26-43
Maximum number of passengers in front--Violation as misdemeanor
Status: in_force

No person may drive a vehicle when it is so loaded, or when there are in the front seat such a number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle. A violation of this section is a Class 2 misdemeanor.

Source: SL 1970, ch 175, § 31, § 12; SL 1989, ch 255, § 180.
S.D. Codified Laws § 32-5-89.4 — SD Code / Title 32 / Chapter 5 / Section 32-5-89.4
Transfer of vehicle--Removal of personalized plate required until transfer approved by secretary--Violation as petty offense
Status: in_force

If at any time a motor vehicle subject to the special personalized license plates is sold, conveyed, or otherwise transferred by the person to whom such plates have been issued, the owner shall remove the personalized license plate and may not attach the personalized plate to any other vehicle until such time as the transfer is approved by the secretary. A violation of this section is a petty offense.

Source: SL 1977, ch 250, § 3; SL 1989, ch 255, § 21; SL 1989, ch 257, § 88.
S.D. Codified Laws § 32-3-51.21 — SD Code / Title 32 / Chapter 3 / Section 32-3-51.21
Owner to obtain salvage title if insurer or self insurer declares vehicle total loss but does not acquire ownership--Notice--Sale without title as misdemeanor--Application
Status: in_force

If an insurer or self insurer declares a vehicle to be a total loss but does not acquire ownership of the vehicle, the owner shall obtain a salvage title for the vehicle. The insurer or self insurer shall, in writing, notify the owner of the obligation to obtain a salvage title before the owner sells or transfers the title. If the owner sells or transfers the ownership of the vehicle without first obtaining a salvage title, the owner is guilty of a Class 1 misdemeanor. This section does not apply to any motor vehicle more than ten model years old or with a gross vehicle weight rating of more than sixteen thousand pounds.

Source: SL 2005, ch 155, § 4; SL 2015, ch 157, § 10.
S.D. Codified Laws § 32-6B-49.1 — SD Code / Title 32 / Chapter 6B / Section 32-6B-49.1
Terms or conditions not allowed in franchise agreement
Status: in_force

No franchise agreement may include any term or condition in a franchise that:

(1) Requires the franchisee to waive trial by jury involving the franchisor;

(2) Specifies the jurisdictions, venues or tribunals in which disputes arising with respect to the franchise, lease or agreement shall or may not be submitted for resolution or otherwise prevents a franchisee from bringing an action in a particular forum otherwise available under the law;

(3) Requires that disputes between the franchisor and franchisee be submitted to arbitration or to any other binding alternate dispute resolution procedure. However, any franchise, lease or agreement may authorize the submission of a dispute to arbitration or to binding alternate dispute resolution if the franchisor and franchisee voluntarily agree to submit the dispute to arbitration or binding alternate dispute resolution at the time the dispute arises;

(4) Requires a franchisee to pay the attorney fees of a franchisor;

(5) Prohibits the holder of an existing franchise from being dualed with another franchisor's line that does not substantially affect the current franchisor or community;

(6) Prohibits the holder of an existing franchise from moving to another facility within the franchisee's community that is equal to or superior to the franchisee's former facility;

(7) Prohibits the holder of an existing franchise from making improvements to the franchisee's current facility within the franchisee's community; or

(8) Permits a franchisor or the franchisor's assignee to exercise a right of first refusal to acquire a franchisee's franchise or a franchisee's assets in connection with the sale by a franchisee of that franchisee's franchise or assets.

An existing franchisee shall give the franchisor prior written notice of the proposed dual arrangement, relocation, or improvement described in subdivisions (5), (6), and (7). The notice shall contain sufficient information for the franchisor to evaluate the proposal. Within sixty days of receiving said notice, the franchisor shall send a letter to the franchisee either approving or disapproving the proposal. If the franchisor does not notify the franchisee of its approval or denial of the dual arrangement, relocation, or improvement within the sixty-day period, the franchisee's proposal shall be deemed to have been approved. No franchisor may unreasonably withhold its approval. Denial of a proposed dual arrangement or facility improvement shall be supported by credible evidence that it will substantially affect in an adverse way the current franchisor or community. Denial of a proposed relocation shall be supported by credible evidence that the new location is not at least equal to the franchisee's former facility.

This section does not apply to agreements pertaining to the lease or sale of real property.

Source: SL 1990, ch 244, § 2; SL 1998, ch 179, § 1; SL 2002, ch 153, § 1; SL 2010, ch 156, § 7, eff. Mar. 9, 2010.
S.D. Codified Laws § 32-3-51 — SD Code / Title 32 / Chapter 3 / Section 32-3-51
Dismantled or destroyed vehicle--Return of plates and title to department--Cancellation of registration--Consent of lien holder--Notation on certificate--Destruction of certificates--Retention of record--Removal of identification numbers as felony
Status: in_force

If a vehicle is permanently destroyed, crushed, or compacted so that it can no longer be used on the public highways or used for parts, the owner shall detach the registration plates and forward them, along with the registration card and certificate of title, within fifteen days, to the department. The department shall cancel the registration card and the title on its records. If the title shows any lien, the lien holder's consent to the cancellation shall be endorsed on the certificate of title. The certificate of title surrendered by the owner shall have noted thereon the purpose of cancellation and, in case of a transfer, the assignment on the reverse side shall be completed. The department shall destroy the certificate of title and other records pertaining thereto, but shall keep an appropriate record of all such vehicles destroyed, crushed, or compacted and denoting the name and address of the last owner thereof. 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: SDC 1939, § 44.02 11-4 as enacted by SL 1965, ch 183; SL 1984, ch 217, § 3; SL 1985, ch 239, § 1; SL 1986, ch 242, § 30.
S.D. Codified Laws § 32-12-20 — SD Code / Title 32 / Chapter 12 / Section 32-12-20
Cancellation of license to which not entitled--Surrender of canceled license
Status: in_force

The Department of Public Safety may cancel any driver license upon determining that the licensee was not entitled to the issuance thereof under this chapter or that the licensee failed to give the required or correct information or committed any fraud in making the application. Upon the cancellation, the licensee shall surrender the license so canceled to the department.

Source: SL 1959, ch 261, § 16; SDC Supp 1960, § 44.03B16; SL 1989, ch 265, § 21; SL 2001, ch 171, § 24; SL 2003, ch 272, § 23.
S.D. Codified Laws § 32-18-6 — SD Code / Title 32 / Chapter 18 / Section 32-18-6
Motorcycles exempt from all-wheel requirement
Status: in_force

The wheel of a sidecar attached to a motorcycle or to a motor - driven cycle, or the front wheel of a motor - driven cycle need not be equipped with brakes, provided that such motorcycle or motor - driven cycle is capable of complying with the performance requirements of §§ 32-18-8 and 32-18-9 .

Source: SL 1967, ch 197, § 1 (c) (4); SL 1968, ch 178, § 3.
S.D. Codified Laws § 32-12A-3 — SD Code / Title 32 / Chapter 12A / Section 32-12A-3
Drivers of commercial vehicles limited to one license
Status: in_force

No person who drives a commercial motor vehicle may have more than one operator's license. A violation of this section is a Class 2 misdemeanor.

Source: SL 1989, ch 267, § 2; SDCL § 32-12-79; SL 2001, ch 171, §§ 73, 115; SL 2002, ch 156, § 4.
S.D. Codified Laws § 32-5-111 — SD Code / Title 32 / Chapter 5 / Section 32-5-111
Promulgation of rules--Duty of local officials
Status: in_force

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

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, § 50; SL 2004, ch 17, § 59; SL 2007, ch 173, § 37, eff. July 1, 2008; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-35-68 — SD Code / Title 32 / Chapter 35 / Section 32-35-68
Motor vehicle liability policy defined
Status: in_force

A motor vehicle liability policy as said term is used in this chapter shall mean an owner's policy or an operator's policy of liability insurance, certified as provided in § 32-35-65 or 32-35-66 as proof of financial responsibility for the future, and issued, except as otherwise provided in § 32-35-66 by an insurance carrier duly authorized to transact business in this state, to or for the benefit of the person named therein as insured.

Source: SL 1957, ch 212, § 51; SDC Supp 1960, § 44.03A51 (1).
S.D. Codified Laws § 32-7A-4.8 — SD Code / Title 32 / Chapter 7A / Section 32-7A-4.8
Finality of order to pay fine or suspend or revoke license
Status: in_force

An order issued pursuant to § 32-7A-4.6 becomes final upon expiration of the time allowed for appeals from the secretary's order, if no appeal is taken, or, if an appeal is taken, upon final decision of the court if the court affirms the secretary's order or dismisses the appeal.

Source: SL 2005, ch 162, § 26.
S.D. Codified Laws § 32-35-67 — SD Code / Title 32 / Chapter 35 / Section 32-35-67
Default by nonresident insurer
Status: in_force

If any insurance carrier not authorized to transact business in this state, which has qualified to furnish proof of financial responsibility, defaults in any of the undertakings or agreements required by § 32-35-66 , the Department of Public Safety shall not thereafter accept as proof any certificate of said carrier whether theretofore filed or thereafter tendered as proof, so long as such default continues.

Source: SL 1957, ch 212, § 50; SDC Supp 1960, § 44.03A50; SL 2004, ch 17, § 166.
S.D. Codified Laws § 32-22-55 — SD Code / Title 32 / Chapter 22 / Section 32-22-55
Schedule of penalties for operation of overweight vehicle
Status: in_force

Any person who is convicted of the offense of operating a motor vehicle upon the public highways of this state with weight upon any wheel, axle, or groups of axles or upon more than one thereof greater than the maximum permitted by §§ 32-22-2 to 32-22-33 , inclusive, 32-22-47 and 32-22-48 shall be fined in addition to, and not in substitution for, any other penalties now provided by law for such offense in the following amounts:

In an amount equal to five cents per pound for each pound of such excess or combined excess weight over one thousand pounds if such excess is three thousand pounds or less.

In an amount equal to fifteen cents per pound for each pound of such excess or combined excess weight if such excess exceeds three thousand pounds and is four thousand pounds or less.

In an amount equal to twenty - two and one - half cents per pound for each pound of such excess or combined excess weight if such excess exceeds four thousand pounds and is five thousand pounds or less.

In an amount equal to thirty - seven and one - half cents per pound for each pound of such excess or combined excess weight if such excess exceeds five thousand pounds and is ten thousand pounds or less.

In an amount equal to seventy - five cents per pound for each pound of such excess or combined excess weight if such excess is more than ten thousand pounds.

The fine schedule in this section is assessed at a single rate according to the cents per pound penalty for the highest weight violation.

Source: SL 1951, ch 235; SL 1953, ch 247; SDC Supp 1960, § 44.9935; SL 1983, ch 241, § 11; SL 1984, ch 230, § 1; SL 1989, ch 256, § 19; SL 1999, ch 162, § 4; SL 2002, ch 159, § 1.
S.D. Codified Laws § 32-25-6.1 — SD Code / Title 32 / Chapter 25 / Section 32-25-6.1
Maximum speed for manufactured homes or mobile homes--Violation as misdemeanor
Status: in_force

No person may drive a vehicle which is towing a manufactured home or mobile home of a width in excess of one hundred two inches at a speed greater than fifty - five miles per hour upon the interstate highway system or greater than forty - five miles per hour upon any other highway. A violation of this section is a Class 2 misdemeanor.

Source: SL 1970, ch 175, § 14, § 3; SL 1989, ch 255, § 129; SL 1993, ch 238.
S.D. Codified Laws § 32-37-4 — SD Code / Title 32 / Chapter 37 / Section 32-37-4
Violation not considered negligence or assumption of risk--Evidence inadmissible
Status: in_force

Failure to comply with the provisions of this chapter is not considered as contributory negligence, comparative negligence, or assumption of the risk and is not admissible as evidence in the trial of any civil action.

Source: SL 1984, ch 235, § 4.
S.D. Codified Laws § 32-12A-13 — SD Code / Title 32 / Chapter 12A / Section 32-12A-13
Nondomiciled commercial learner's permit or commercial driver license--Requirements--Renewal
Status: in_force

The department may issue a nondomiciled commercial learner's permit or commercial driver license to an applicant who meets the requirements set forth in 49 C.F.R. §§ 383 and 384 (January 1, 2026). In addition, the department must observe the following conditions applicable to the issuance of a nondomiciled commercial learner's permit or commercial driver license in this state:

(1) An applicant may only be:

(a) An individual who has lawful, employment-based nonimmigrant status in the H-2A, H-2B, or E-2 visa category; or

(b) An individual domiciled in a United States territory, who holds any of the same employment-based visas described in subsection (a);

(2) Any non-citizen applicant, except for a lawful permanent resident, must provide an unexpired foreign passport and an unexpired form I-94 or I-94A that indicates a specified type of employment-based nonimmigrant status at every issuance, transfer, renewal, and upgrade action;

(3) The department must query the Systematic Alien Verification for Entitlements system, administered by the U.S. Citizenship and Immigration Services, to confirm the applicant's claim of lawful immigration status in a specified category;

(4) The department must retain copies of the application documents for at least two years;

(5) The expiration date for any nondomiciled commercial learner's permit or commercial driver license must match the expiration date on the form I-94 or I-94A or expire within one year of issuance, whichever is sooner;

(6) The applicant must be present at each renewal; and

(7) The department must downgrade the nondomiciled commercial learner's permit or commercial driver license if department personnel determine that the holder is no longer eligible to hold a nondomiciled commercial learner's permit or commercial driver license.

The word, nondomiciled, must appear on the face of the nondomiciled commercial learner's permit or commercial driver license. An applicant shall surrender any nondomiciled commercial learner's permit or commercial driver license issued by another state. The holder of a nondomiciled commercial learner's permit or commercial driver license is subject to the same disqualifications and conditions applicable to a commercial learner's permit or commercial driver license issued to a person domiciled in this state.

A nondomiciled commercial learner's permit or commercial driver license issued pursuant to this section may be renewed in person only upon presentation of valid documentary evidence that the applicant is authorized to stay in the United States. The department may renew a nondomiciled commercial driver license without a skills or knowledge test if the license has been expired for a period less than one year .

Source: SL 1989, ch 267, § 9; SDCL § 32-12-89; SL 2001, ch 171, §§ 82, 115; SL 2005, ch 167, § 12, eff. Sept. 30, 2005; SL 2007, ch 182, § 5; SL 2010, ch 161, § 4; SL 2010, ch 162, § 1; SL 2011, ch 144, § 4; SL 2015, ch 168, § 12; SL 2026, ch 135, § 1.
S.D. Codified Laws § 32-24-18 — SD Code / Title 32 / Chapter 24 / Section 32-24-18
Street racing--Authorized events--Exemption from traffic laws
Status: in_force

The Transportation Commission, as established in chapter 1-44 , or local authorities, may exempt any person or motor vehicle from compliance with a traffic law if:

(1) The driver or vehicle is participating in a race, competition, contest, or exhibition that is approved by the Transportation Commission or local authorities pursuant to § 32-24-17 , occurring on a public highway, roadway, or parking lot under the jurisdiction of the Transportation Commission or local authorities; and

(2) Traffic control is adequate to reasonably assure the safety of all public highway, roadway, or parking lot users and spectators.

Source: SL 2025, ch 129, § 9.
S.D. Codified Laws § 32-30-11.9 — SD Code / Title 32 / Chapter 30 / Section 32-30-11.9
Signs to state penalties for illegal use of designated parking spaces--Certain penalties apply although not stated
Status: in_force

Each sign designating a parking space for a person with a physical disability shall state the penalty for illegal use of the parking space. This section only applies to a new sign or a sign that replaces an existing sign after July 1, 2002. However, any fine imposed pursuant to § 32-30-11.3 , 32-30-11.4 , or 32-30-11.8 applies whether or not the penalty is stated on the sign.

Source: SL 2002, ch 149, § 12; SL 2009, ch 159, § 1.
S.D. Codified Laws § 32-34-11 — SD Code / Title 32 / Chapter 34 / Section 32-34-11
Supplemental reports to department
Status: in_force

The secretary of public safety may require drivers involved in accidents or peace officers to file supplemental reports of the accidents upon forms furnished by the Department of Public Safety whenever the original report is insufficient in the opinion of the secretary.

Source: SDC 1939, § 44.0331; SL 1945, ch 190, § 1; SL 1953, ch 232, § 1; SL 1955, ch 172; SL 1957, ch 212, § 76; SL 1961, ch 226; SL 1967, ch 193; SL 1977, ch 267, § 2; SL 1985, ch 399, §§ 20, 21; SL 2004, ch 17, § 146.
S.D. Codified Laws § 32-3-41 — SD Code / Title 32 / Chapter 3 / Section 32-3-41
Liens noted on certificate valid against creditors of debtor, subsequent purchasers, and other claimants--Perfection of liens noted on-line
Status: in_force

A security interest, mechanic's lien, or similar instrument other than a financing statement covering a motor vehicle, trailer, or semitrailer, or any vehicle required to be titled under the provisions of this chapter, is valid against the creditors of the debtor, whether armed with process or not, and subsequent purchasers and other lien holders or claimants, but otherwise is not valid against them if notation of the lien has been made by the seller, buyer, owner, holder of the instrument, or an agent of the secretary on the manufacturer's statement of origin or the manufacturer's certificate of origin. In the case of a certificate of title, if a notation of the lien has been made by the secretary, an agent of the secretary, or a county treasurer on the face of the certificate of title, or if notation of the lien has been made by the seller, buyer, owner, holder of the instrument, or agent of the secretary on the reverse of the certificate of title, the lien is valid against the creditors of the debtor, whether armed with process or not, and subsequent purchasers and other lien holders or claimants, but otherwise is not valid against them. A lien is perfected if it has been noted on the title pursuant to this section, § 32-3-29 , or § 32-3-70 and entered into the electronic title file system.

Source: SDC 1939, § 44.0203 (1) as added by SL 1951, ch 229, § 3; SL 1965, ch 186, § 3; SL 1967, ch 187; SL 1989, ch 257, § 39; SL 1997, ch 180, § 1; SL 1998, ch 171, § 1; SL 2003, ch 160, § 5; SL 2012, ch 159, § 1; SL 2017, ch 128, § 4.
S.D. Codified Laws § 32-23-18 — SD Code / Title 32 / Chapter 23 / Section 32-23-18
Revocation of license of driver under age twenty-one for refusal to submit to chemical analysis
Status: in_force

The Department of Public Safety shall revoke the license of any person arrested for violating § 32-23-21 , who refuses to submit to a chemical analysis as requested by a law enforcement officer.

Source: SL 1992, ch 226, § 1; SL 1993, ch 237, § 1; SL 1997, ch 189, § 4; SL 1998, ch 198, § 5; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2016, ch 165, § 2.
S.D. Codified Laws § 32-6C-5 — SD Code / Title 32 / Chapter 6C / Section 32-6C-5
Dealer license--Fee--Renewal--Disposition of fees
Status: in_force

Upon making initial application for a dealer's license, the applicant shall pay a fee of one hundred fifty dollars to the department. A renewal application shall be submitted to the department annually, unless the license has been revoked prior to the expiration date, along with a renewal fee of one hundred twenty-five dollars, prior to the expiration of the old license. The renewal application shall contain the same information as is required in § 32-6C-3 . Any application for renewal made after the expiration date shall be accompanied by an initial license fee. Any licensee who does not file an application and renewal fee with the department prior to the expiration date shall cease to engage in business as a dealer on the license expiration date. All money collected pursuant to this section shall be deposited in the state motor vehicle fund.

Source: SL 1987, ch 223, § 5; SL 2008, ch 155, § 5; SL 2020, ch 137, § 2.
S.D. Codified Laws § 32-17-21 — SD Code / Title 32 / Chapter 17 / Section 32-17-21
Fire vehicles exempt when equipped with other approved devices
Status: in_force

Fire trucks and apparatus shall be exempt from the provisions of §§ 32-17-14 and 32-17-15 providing such fire trucks and apparatus are equipped with sirens or horns and red warning lights as provided for in § 32-31-4 .

Source: SDC 1939, § 44.0352 (9), (10) as added by SL 1965, ch 197, §§ 1, 2.
S.D. Codified Laws § 32-6C-14.3 — SD Code / Title 32 / Chapter 6C / Section 32-6C-14.3
Finality of cease and desist order
Status: in_force

A cease and desist order pursuant to § 32-6C-14.1 becomes final upon expiration of the time allowed for appeals from the secretary's order if no appeal is taken, or, if an appeal is taken, upon final decision of the court if the court affirms the secretary's order or dismisses the appeal.

Source: SL 2005, ch 162, § 13.
S.D. Codified Laws § 32-5-42.2 — SD Code / Title 32 / Chapter 5 / Section 32-5-42.2
Registration of mass transit vehicles owned by state, municipality, or county--Costs--Vehicles purchased with federal funds
Status: in_force

Any motor vehicle owned by the state, a municipality, or county that is used to provide mass transportation services shall be registered, upon application, in the manner provided for other motor vehicles. No fees may be charged for the registration of the vehicle. The department, upon receipt of payment for the actual cost of the plates, shall furnish number plates for the vehicle. All costs collected under the provisions of this section shall be deposited in the license plate special revenue fund.

Any motor vehicle paid for, in full or in part, with funds received from the United States Department of Transportation which is used to provide mass transportation services shall be registered upon application, in the manner provided for other motor vehicles. No fees may be charged for the registration of the vehicle. The department, upon receipt of payment for the actual cost of the plates, shall furnish number plates for the vehicle. All costs collected under the provisions of this section shall be deposited in the license plate special revenue fund. The secretary may, at any time, require the applicant to provide additional information to determine if the vehicle was paid for with funds received from the United States Department of Transportation.

Source: SL 2014, ch 140, § 2.
S.D. Codified Laws § 32-20-4 — SD Code / Title 32 / Chapter 20 / Section 32-20-4
Protective helmet required for minor--Violation as misdemeanor
Status: in_force

No person under eighteen years of age may operate or ride upon a motorcycle on the public streets or highways of this state unless the person wears a protective helmet of a type meeting Department of Transportation Motor Vehicle Safety Standard 218 as in effect on January 1, 1984. No person may operate a motorcycle with any person under the age of eighteen as a passenger if the passenger is not wearing a protective helmet. A violation of this section is a Class 2 misdemeanor.

Source: SL 1967, ch 215, § 4; SL 1970, ch 176, § 2; SL 1974, ch 219, § 23; SL 1976, ch 194, § 1; SL 1978, ch 230, § 9; SL 1980, ch 224; SL 1984, ch 228, § 8; SL 1987, ch 231, § 2; SL 1989, ch 255, § 93.
S.D. Codified Laws § 32-5-22 — SD Code / Title 32 / Chapter 5 / Section 32-5-22
Unregistered motor vehicles
Status: in_force

A motor vehicle acquired from the State of South Dakota or any of its governmental subdivisions, a motor vehicle licensed under any special license provisions of this state, a motor vehicle previously registered in South Dakota but currently licensed in another state or a motor vehicle owned by any person who returns to this state upon being separated from service in the United States armed forces is an unregistered motor vehicle for the purposes of this chapter.

Source: SDC 1939, § 44.0108 (5); SL 1955, ch 157; SL 1959, ch 259; SL 1963, ch 247; SL 1968, ch 167; SL 1977, ch 249, § 57; SL 1987, ch 215, § 8.
S.D. Codified Laws § 32-5-2.10 — SD Code / Title 32 / Chapter 5 / Section 32-5-2.10
Seller's report of sale--Violation as misdemeanor
Status: in_force

At the time of sale of a vehicle, the seller shall file a report of sale with the department indicating the purchaser's name and address. Failure to file such a report is a Class 2 misdemeanor.

Source: SL 2007, ch 173, § 12, eff. July 1, 2008.
S.D. Codified Laws § 32-9-47 — SD Code / Title 32 / Chapter 9 / Section 32-9-47
Determination that vehicle was overweight--Variation of five percent
Status: in_force

For the purpose of this chapter, in determining the gross weight of vehicle or vehicles, and load combined, a variation of five percent, but not to exceed one thousand pounds in excess of the maximum weights herein provided, is hereby allowed, without such variation constituting a violation of this chapter.

Source: SDC 1939, § 44.0431; SL 1953, ch 239.
S.D. Codified Laws § 32-6E-3 — SD Code / Title 32 / Chapter 6E / Section 32-6E-3
Determination of cause for termination of franchise
Status: in_force

In determining whether cause is established for terminating or not continuing a franchise, the department shall consider the existing circumstances including:

(1) Failure by the franchisee to comply with requirements imposed upon him by the franchise, which requirements are both essential and reasonable;

(2) Bad faith on the part of the franchisee in carrying out the terms of the franchise;

(3) Whether the franchise has adequate new snowmobile facilities, equipment, parts, and qualified management, sales, and service personnel to reasonably provide consumer care for the new snowmobiles sold at retail by the franchisee;

(4) Whether the franchisee refuses to honor warranties of the franchisor to be performed by the franchisee if the franchisor reimburses the franchisee for such warranty work performed by the franchisee; or

(5) Whether it is injurious to the public welfare for the business of the franchisee to be discontinued.

Source: SL 1994, ch 248, § 3.
S.D. Codified Laws § 32-12-17.2 — SD Code / Title 32 / Chapter 12 / Section 32-12-17.2
Nondriver identification cards--Application--Fee--Renewal--Contents--Expiration
Status: in_force

The Department of Public Safety may issue upon application a nondriver identification card, similar in form but distinguishable in color from a driver license, to any resident of this state. Each applicant for a nondriver identification card shall, as part of the application, present to the department a certified copy of a certificate of birth or another form of evidence of date of birth and identity as allowed by § 32-12-3.1 .

Except as provided in § 32-12-17.16 , the fees for a nondriver identification card are the same as prescribed for a driver license in § 32-12-16 . Each nondriver identification card expires on the holder's birthday in the fifth year following the issuance of the nondriver identification card, or on the date of expiration of the applicant's authorized stay in the United States as determined by the systematic alien verification for entitlements system or alternate method approved by the United States Department of Homeland Security or, if there is no expiration date, for a period no longer than one year from date of issuance, whichever occurs first. Each nondriver identification card is renewable one hundred eighty days before its expiration upon application and payment of the required fee. Any nondriver identification card renewed before its expiration expires five years after the holder's ensuing birthday, or on the date of expiration of the applicant's authorized stay in the United States as determined by the systematic alien verification for entitlements system or alternate method approved by the United States Department of Homeland Security or, if there is no expiration date, for a period no longer than one year from date of issuance, whichever occurs first.

The nondriver identification card must bear an indication if the holder:

(1) Has a living will pursuant to chapter 34-12D or a durable power of attorney for health care pursuant to chapter 59-7 ;

(2) Is a veteran pursuant to the provisions of § 32-12-17.15 ; and

(3) Is a United States citizen.

Any nondriver identification card renewed during the thirty-day period following the date of expiration expires five years from the holder's previous birthday, or on the date of expiration of the applicant's authorized stay in the United States as determined by the systematic alien verification for entitlements system or alternate method approved by the United States Department of Homeland Security or, if there is no expiration date, for a period no longer than one year from date of issuance, whichever occurs first.

Source: SL 1974, ch 231, § 1; SL 1978, ch 227; SL 1982, ch 236; SL 1989, ch 265, § 18; SL 1992, ch 218, § 2; SL 1996, ch 199, § 1; ch 171, § 21; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2009, ch 154, § 8, eff. Dec. 31, 2009; SL 2012, ch 167, § 2; SL 2024, ch 115, § 2; SL 2025, ch 121, § 2.
S.D. Codified Laws § 32-12-17.15 — SD Code / Title 32 / Chapter 12 / Section 32-12-17.15
Veteran designation
Status: in_force

A designation that the licensee or card holder is a veteran shall be indicated on the license, permit, or nondriver identification card issued pursuant to this chapter if the licensee or card holder:

(1) Is an honorably discharged veteran having served in the armed forces of the United States;

(2) Has requested the designation on the license, permit, or nondriver identification card; and

(3) Has provided proof of the veteran's military service and honorable discharge by submitting the U.S. military DD Form 214, DD Form 2 (Retired), DD Form 2A (Reserve Retired), National Guard Form NGB 22, Uniformed Services ID Card (Retired), or a certificate signed by a county veterans service officer on a form prescribed by the South Dakota Department of Veterans Affairs.

Source: SL 2012, ch 167, § 3; SL 2014, ch 147, § 1; SL 2018, ch 199, § 1; SL 2023, ch 102, § 1.
S.D. Codified Laws § 32-12A-33 — SD Code / Title 32 / Chapter 12A / Section 32-12A-33
Suspension or disqualification for false statement or representation--Misdemeanor
Status: in_force

Any person who makes a false statement or representation, or knowingly fails to disclose a material fact in order to obtain a commercial learner's permit or commercial driver license is guilty of a Class 1 misdemeanor and is subject to at least a one year suspension or disqualification of that person's license and privileges. Each false statement or representation or failure to disclose a material fact constitutes a separate offense.

Source: SL 2001, ch 171, § 113; SL 2015, ch 168, § 28.
S.D. Codified Laws § 32-5-144 — SD Code / Title 32 / Chapter 5 / Section 32-5-144
Disclosure of personal information contained in motor vehicle records prohibited--Exceptions
Status: in_force

Notwithstanding any other provision of state law to the contrary, except as provided in §§ 32-5-145 to 32-5-147 , inclusive, the department and any officer, employee, agent, or contractor thereof may not disclose personal information about any person obtained by the department in connection with a motor vehicle record. Under no circumstances may a person's social security number or medical or disability information from a motor vehicle record be disclosed, except for the purposes permitted by subdivisions 32-5-147(1), (3), and (5).

Source: SL 2001, ch 165, § 2.
S.D. Codified Laws § 32-2-8 — SD Code / Title 32 / Chapter 2 / Section 32-2-8
Duties of agents--Arrest of violators
Status: in_force

Agents, patrol officers, motor carrier enforcement officers, and motor carrier inspectors of the Department of Public Safety shall place violators of any of the laws or police regulations of this state, governing operation of motor vehicles or motor carriers, under arrest without warrant for criminal offenses committed in the presence of the agent, patrol officer, motor carrier enforcement officer, or motor carrier inspector, and take the violator and the vehicle which does not conform to such laws or regulations to the nearest convenient circuit court or magistrate court for trial at the earliest opportunity.

Source: SDC 1939 § 44.0605 (2); SL 1981, ch 230, § 2; SL 2000, ch 140, § 2; SL 2004, ch 17, § 38.
S.D. Codified Laws § 32-30-15 — SD Code / Title 32 / Chapter 30 / Section 32-30-15
Notification to owner of removal of abandoned or wrecked vehicle--Recovery by owner--Disposal
Status: in_force

Any removal agency as defined by § 32-36-2 which has removed an abandoned or wrecked vehicle pursuant to this chapter or a vehicle impounded pursuant to § 32-30-19 shall comply with the provisions of § 32-36-8 to notify the registered owner, and if encumbered, the lien holder of the vehicle. If no person claims the vehicle within thirty days of that notice, the provisions of §§ 32-36-9 and 32-36-11 shall apply to the disposal of the vehicle.

Source: SL 1967, ch 211, § 3; SL 1994, ch 264, § 1; SL 1998, ch 195, § 1.
S.D. Codified Laws § 32-12-28 — SD Code / Title 32 / Chapter 12 / Section 32-12-28
Students in driver education class exempt from licensing requirement--Conditions attached to operation
Status: in_force

Any student enrolled in a driver education class which has been approved by the South Dakota Department of Education may drive a motor vehicle without a license under this chapter on a designated highway or within a designated area if such student is accompanied by an approved driver education instructor who is occupying a seat beside such student driver.

Source: SL 1955, ch 187, § 5; SL 1959, ch 261, § 4; SDC Supp 1960, § 44.03B04 (2); SDC Supp 1960, § 44.03B02 (4) as added by SL 1966, ch 135, § 1; SL 1998, ch 186, § 7; SL 2003, ch 272, § 63.
S.D. Codified Laws § 32-3-77 — SD Code / Title 32 / Chapter 3 / Section 32-3-77
Issuance of title to insurer unable to obtain title after payment of total loss
Status: in_force

Notwithstanding any other law, if an insurer is unable to obtain a certificate of title for a motor vehicle from the owner or lienholder within forty-five days of payment of a total loss claim on the motor vehicle, and is unable to surrender the certificate of title to the department as required pursuant to § 32-3-51.20 , the department shall issue a salvage title or certificate of title for the motor vehicle to the insurer when the insurer provides to the department:

(1) Proof of payment for the motor vehicle to the registered owner; and

(2) Proof of payment in satisfaction of any lien that was previously perfected on the vehicle.

The department may promulgate rules, pursuant to chapter 1-26 , to implement the provisions of this section.

Source: SL 2018, ch 176, § 4.
S.D. Codified Laws § 32-41-6 — SD Code / Title 32 / Chapter 41 / Section 32-41-6
On-demand autonomous vehicle network
Status: in_force

An on-demand autonomous vehicle network is permitted to operate pursuant to chapter 32-40 , with the exception that any provision of chapters 32-12 or 32-12A that reasonably applies only to a human driver would not apply to the operation of a fully autonomous vehicle with the automated driving system engaged on an on-demand autonomous vehicle network.

Source: SL 2024, ch 122, § 6.
S.D. Codified Laws § 32-35-103 — SD Code / Title 32 / Chapter 35 / Section 32-35-103
Inadmissibility of reports--Admissibility of testimony of investigating officer
Status: in_force

The inadmissibility of any report required in this chapter as evidence in any action, civil or criminal, shall not prevent the admission in evidence of the testimony of any investigating officer, which testimony as to what he saw, heard, or witnessed during the course of his investigation, shall be admissible in evidence in any action, civil or criminal.

Source: SL 1957, ch 212, § 77; SDC Supp 1960, § 44.03A70.
S.D. Codified Laws § 32-35-98 — SD Code / Title 32 / Chapter 35 / Section 32-35-98
Duty of departments to administer provisions of chapter--Rules
Status: in_force

The Department of Public Safety shall administer and enforce the provisions of this chapter relating to driver licensing and financial responsibility and may promulgate rules pursuant to chapter 1-26 necessary to administer the functions relating to driver licensing and financial responsibility. The Department of Revenue shall administer and enforce the provisions of this chapter relating to motor vehicle registration and license plates and may promulgate rules pursuant to chapter 1-26 necessary to administer the functions relating to motor vehicle registration and license plates.

Source: SL 1953, ch 251, § 2; SL 1957, ch 212, § 2; SDC Supp 1960, § 44.03A02; SL 2004, ch 17, § 178; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.