S.D. Codified Laws § 32-5-42 — SD Code / Title 32 / Chapter 5 / Section 32-5-42
Registration--Vehicles--Costs
Status: in_force

Any motor vehicle that is the property of this state, the United States, a county, a township, a municipality, an improvement district as defined in § 7-25A-1 , a public or nonpublic school accredited by the Department of Education, an Indian mission school in this state, an Indian tribe, a fire department, a licensed ambulance service, or any bus or van owned by a church may be registered upon application, in the manner provided for other motor vehicles. However, the custodian of the vehicle shall make the application directly to the department. No fees may be charged for the registration of the vehicle. The department, upon payment to it of 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. If the vehicle is used for a private business use or as a commercial motor carrier as defined in § 32-9-1 , the operator shall secure vehicle registration pursuant to chapter 32-9 for such use.

Source: SDC 1939, § 44.0108 (11); SL 1939, ch 169; SL 1953, ch 225; SL 1957, ch 211; SL 1961, ch 220; SL 1974, ch 210; SL 1979, ch 203, § 1; SL 1981, ch 239, § 4; SL 1983, ch 237, § 3; SL 1985, ch 15, § 38; SL 1988, ch 242; SL 1989, ch 257, § 62; SL 1990, ch 235; SL 1995, ch 173; SL 1997, ch 179, § 6; SL 2003, ch 166, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2014, ch 140, § 1; SL 2019, ch 129, § 1; SL 2020, ch 134, § 1.
S.D. Codified Laws § 32-3-38.1 — SD Code / Title 32 / Chapter 3 / Section 32-3-38.1
Bank, savings and loan association, credit union, or dealer access to motor vehicle title and lien information on state's computer system
Status: in_force

Any bank, savings and loan association, credit union, or any dealer licensed pursuant to this title may be provided access to motor vehicle title and lien information maintained on the state's computer system via a modem and terminal owned by the bank, savings and loan association, credit union, or dealer. The Department of Revenue shall promulgate rules pursuant to chapter 1-26 to specify access availability. The Department of Revenue may deny or revoke authority previously granted for accessing this information if the information accessed is used for any purpose not authorized by law.

Source: SL 1994, ch 363, § 3; SL 2004, ch 17, § 40; SL 2005, ch 153, § 2; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-26-22 — SD Code / Title 32 / Chapter 26 / Section 32-26-22
Starting, stopping, or turning--Lookout--When signals required--Violation as misdemeanor
Status: in_force

The driver of any vehicle upon a highway before starting, stopping, or turning from a direct line shall first see that such movement can be made in safety and if any pedestrian may be affected by such movement shall give a clearly audible signal by sounding the horn, and whenever the operation of any other vehicle may be affected by such movement shall give a signal as required in § 32-26-23 plainly visible to the driver of such other vehicle of the intention to make such movement. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0317; SL 1949, ch 166; SL 1989, ch 255, § 160.
S.D. Codified Laws § 32-38-2 — SD Code / Title 32 / Chapter 38 / Section 32-38-2
Passenger vehicle defined
Status: in_force

For the purposes of this chapter, a passenger vehicle is any self-propelled vehicle intended primarily for use and operation on a public highway including any passenger car, station wagon, van, taxicab, emergency vehicle, motor home, truck, or pickup. The term does not include any motorcycle, motor scooter, motor bicycle, electric bicycle, multi-passenger quadricycle as defined in § 32-14-17 , passenger bus, or school bus. The term also does not include any farm tractor or implement of husbandry designed primarily or exclusively for use in agricultural operations.

Source: SL 1994, ch 266, § 2; SL 2019, ch 135, § 16; SL 2024, ch 118, § 11.
S.D. Codified Laws § 32-12A-41 — SD Code / Title 32 / Chapter 12A / Section 32-12A-41
Disqualification for conviction within three-year period of three serious traffic violations
Status: in_force

Any person is disqualified from driving a commercial motor vehicle for not less than one hundred twenty days if convicted within a three-year period of three serious traffic violations committed while operating a commercial motor vehicle. Any person is disqualified from driving a commercial motor vehicle for a period of not less than one hundred twenty days if convicted within a three-year period of three serious traffic violations committed while operating a noncommercial motor vehicle and any of these convictions result in the revocation, cancellation, or suspension of the holder's commercial learner's permit, commercial driver license, or noncommercial driving privileges. Any disqualification period imposed under this section shall be in addition to any other previous period of disqualification.

Source: SL 1989, ch 267, § 23D; SDCL § 32-12-108; SL 2001, ch 171, § 115; SL 2005, ch 167, § 22, eff. Sept. 30, 2005; SL 2007, ch 182, § 9; SL 2015, ch 168, § 31.
S.D. Codified Laws § 32-22-21.2 — SD Code / Title 32 / Chapter 22 / Section 32-22-21.2
Highways to which maximum weight limit applies
Status: in_force

The maximum weight limit as provided by subsection 32-22-21(1)(e) applies to the following highways:

(1) The interstate highway system;

(2) Any locally designated highway within the corporate limits of any municipality adjacent to the interstate highway system;

(3) U.S. Highway 12 from Interstate 29 to Aberdeen;

(4) State Highway 37 from Interstate 90 to Huron;

(5) U.S. Highway 83 from Interstate 90 to Pierre;

(6) State Highway 79 from Interstate 90 to the Nebraska border;

(7) U.S. Highway 85 from Interstate 90 to Belle Fourche; and

(8) State Highway 50 from Interstate 29 to Yankton.

Source: SL 2013, ch 148, § 2.
S.D. Codified Laws § 32-5-151 — SD Code / Title 32 / Chapter 5 / Section 32-5-151
Person in possession of title or certificate authorized to renew registration--Misrepresentation as misdemeanor
Status: in_force

For the purpose of license renewal, any person in possession of a motor vehicle title or license renewal certificate provided by the state or the county may renew the vehicle's registration on behalf of the owner. Presentation of the motor vehicle title or license renewal certificate by anyone other than the owner is deemed consent of the vehicle owner. Any person who knowingly misrepresents or makes any false statement for license renewal is guilty of a Class 1 misdemeanor.

Source: SL 2001, ch 165, § 10.
S.D. Codified Laws § 32-12-31 — SD Code / Title 32 / Chapter 12 / Section 32-12-31
Unlicensable persons--Habitual alcohol or drug user
Status: in_force

The Department of Public Safety shall not issue any license under this chapter to any person who is an habitual drunkard, or is an habitual user of narcotic drugs, or is an habitual user of any other drug to a degree which renders him incapable of safely driving a motor vehicle.

Source: SL 1959, ch 261, § 3; SDC Supp 1960, § 44.03B03 (3); SL 2003, ch 272, § 23.
S.D. Codified Laws § 32-5-154 — SD Code / Title 32 / Chapter 5 / Section 32-5-154
Definitions regarding military specialty plates
Status: in_force

Terms used in §§ 32-5-155 to 32-5-166 , inclusive, mean,

(1) "Veteran," any person who meets the provisions of § 33A-2-1 ;

(2) "Owner," any person who owns a motor vehicle that is operated or driven on the public highways of this state or any person with written authorization to act on behalf of and as an agent for the owner;

(3) "Active duty," active duty in the United States armed forces; and

(4) "Service," service in the United States armed forces.

Source: SL 2014, ch 142, § 1.
S.D. Codified Laws § 32-5-153 — SD Code / Title 32 / Chapter 5 / Section 32-5-153
Highway patrol fee
Status: in_force

There is hereby imposed a fee of one dollar on each vehicle registered and licensed in this state for the purpose of administering the Division of Highway Patrol. Before any vehicle is registered pursuant to chapter 32-5 or 32-9 , the county treasurer or Department of Revenue shall collect the highway patrol fee. Before any vehicle is registered pursuant to chapter 32-10 , the Department of Revenue shall collect the highway patrol fee. The fee shall be credited to the state motor vehicle fund.

Source: SL 2009, ch 152, § 1; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-17-6 — SD Code / Title 32 / Chapter 17 / Section 32-17-6
Requirements respecting adjustment of headlamps--Violation as misdemeanor
Status: in_force

Headlamps shall be deemed to comply with the provisions of § 32-17-5 prohibiting glaring and dazzling lights, if none of the main bright portion of the headlamp beams rises above a horizontal plane passing through the lamp centers parallel to the level road upon which the loaded vehicle stands, and in no case higher than forty - two inches, seventy - five feet ahead of the vehicle. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0355 (2); SL 1989, ch 255, § 60.
S.D. Codified Laws § 32-27-7 — SD Code / Title 32 / Chapter 27 / Section 32-27-7
Duty of motorist to stop for pedestrian carrying cane or guided by dog--Violation as misdemeanor
Status: in_force

Whenever a pedestrian is crossing or attempting to cross a public street or highway, guided by a guide dog or carrying in a raised or extended position a cane or walking stick which is white in color or white tipped with red, the driver of every vehicle approaching the intersection, or place where such pedestrian is attempting to cross, shall bring his vehicle to a full stop before arriving at such intersection or place of crossing, and before proceeding shall take such precautions as may be necessary to avoid injuring such pedestrian. A violation of this section is a Class 2 misdemeanor.

Source: SL 1949, ch 176, §§ 2, 4; SDC Supp 1960, §§ 44.03 18-1 , 44.9932; SDCL § 32-27-9 ; SL 1980, ch 232.
S.D. Codified Laws § 32-20-10 — SD Code / Title 32 / Chapter 20 / Section 32-20-10
Motorcycle use on special occasions
Status: in_force

This chapter shall not apply to vehicles used for special occasions such as display, parade, exhibitions, and similar uses.

Source: SL 1967, ch 215, § 10.
S.D. Codified Laws § 32-15-6 — SD Code / Title 32 / Chapter 15 / Section 32-15-6
Objects dangling between driver and windshield as petty offense
Status: in_force

It is a petty offense for any person to drive any vehicle upon a highway with any object or gadget dangling between the view of the driver and the windshield of the vehicle. Enforcement of this section by state or local law enforcement agencies shall be accomplished as a secondary enforcement.

Source: SDC 1939, § 44.0349 as added by SL 1959, ch 253; SL 1977, ch 189, § 103; SL 2004, ch 214, § 1.
S.D. Codified Laws § 32-22-41 — SD Code / Title 32 / Chapter 22 / Section 32-22-41
Oversize permits--Duration--Rules
Status: in_force

A manufacturer of agricultural machinery or equipment transporting machinery or equipment manufactured in South Dakota to a point in South Dakota; a dealer in and commercial carrier of oversize farm implements; a farmer or rancher transporting oversize farm implements; a commercial operator of oversize farm implements doing business in this state; a municipal operator of sludge hauling vehicles; a person engaged in hauling livestock, stacked feed, baled hay, or baled flax straw; a municipal or commercial hauler of baled garbage; a person engaged in hauling mobile homes manufactured in this state; or a manufacturer, user, or producer of construction machinery, equipment, or materials used or produced in South Dakota may apply to the Division of Highway Patrol for an oversize permit. The Division of Highway Patrol may grant the permit for a period not to exceed twelve months. The Department of Transportation may specify the routes or classes of highways which may be used by the permit holder. The Transportation Commission may adopt rules pursuant to chapter 1-26 to protect the public safety and welfare by restricting the maximum size of vehicles and their loads allowed under permits issued pursuant to this section.

Source: SDC 1939, § 44.0342 (3) as added by SL 1957, ch 225, § 3; SL 1963, ch 262; SL 1964, ch 127; SL 1969, ch 178; SL 1978, ch 234, § 2; SL 1979, ch 226, § 3; SL 1980, ch 228; SL 1983, ch 242, § 1; SL 1983, ch 335, § 25; SL 1984, ch 230, § 34; SL 1987, ch 210, § 29; SL 1989, ch 272, § 3; SL 1992, ch 372, § 17; SL 2003, ch 170, § 1.
S.D. Codified Laws § 32-22-51 — SD Code / Title 32 / Chapter 22 / Section 32-22-51
Removal of overweight portion of load--Risk of loss of unloaded cargo
Status: in_force

If an officer upon weighing a vehicle and load as provided in § 32-22-50 determines that the vehicle's weight is unlawful, the officer shall require the driver to stop the vehicle in a suitable place adjacent to the place of weighing. The vehicle shall there remain until such portion of the load is removed or adjusted to reduce the gross weight, axle weight, or tire weight of such vehicle to meet the weight limits specified in this chapter or until the officer issues the vehicle an overweight permit as provided for in §§ 32-22-42 and 32-22-42.13 . The overweight permit shall only authorize movement of the vehicle from the weighing site to a location, as determined by the issuing officer, where the excess portion of the load can be removed or adjusted to cause the vehicle to meet the weight limits specified in this chapter. The unloading of any required portion of a load is the duty of and at the sole risk of the owner or operator of the vehicle. Any material unloaded shall be cared for by and continue to be at the sole risk of the owner or operator.

Source: SDC 1939, § 44.0341; SL 1951, ch 230; SL 1979, ch 227, § 1; SL 1992, ch 224.
S.D. Codified Laws § 32-12-75.2 — SD Code / Title 32 / Chapter 12 / Section 32-12-75.2
Counterfeiting, forging, or altering any driver license or nondriver identification card--Misdemeanor
Status: in_force

No person may counterfeit, forge, or alter, or may cause to be counterfeited, forged, or altered, any driver license or nondriver identification card issued by the department pursuant to this chapter. A violation of this section is a Class 2 misdemeanor. Each counterfeited, forged, or altered card constitutes a separate violation.

Source: SL 2005, ch 165, § 1.
S.D. Codified Laws § 32-22-2 — SD Code / Title 32 / Chapter 22 / Section 32-22-2
Movement of load or wide farm machinery during darkness as misdemeanor
Status: in_force

It is a Class 2 misdemeanor for any person to operate or move, or cause to be operated or moved, upon any public highway on the state trunk system, any load, including farm machinery or implements of husbandry, which exceed the width limitations prescribed by § 32-22-3 during the period of day between one - half hour after sunset and one - half hour before sunrise on the following day.

Source: SL 1949, ch 39; SDC Supp 1960, § 44.03 36-1 ; SL 1978, ch 158, § 45; SL 1984, ch 230, § 2; SL 1987, ch 234, § 1; SL 1991, ch 258, § 1.
S.D. Codified Laws § 32-17-25 — SD Code / Title 32 / Chapter 17 / Section 32-17-25
Bicycle lamps--Visibility and color--Violation as petty offense
Status: in_force

Every bicycle shall be equipped with a lighted lamp on the front thereof visible under normal atmospheric conditions from a distance of at least three hundred feet in front of such bicycle and shall also be equipped with a reflex mirror or lamp on the rear exhibiting a yellow or red light visible under like conditions from a distance of at least two hundred feet to the rear of such bicycle. A violation of this section is a petty offense.

Source: SDC 1939, § 44.0352 (11); SL 1989, ch 255, § 55.
S.D. Codified Laws § 32-20-9 — SD Code / Title 32 / Chapter 20 / Section 32-20-9
Operation of motorcycle in park or recreation areas as petty offense
Status: in_force

It is a petty offense to operate a motorcycle in any municipal, county, or state park or recreation area except upon the normally traveled roads or roadways, or in specifically designated areas.

Source: SL 1967, ch 215, § 9; SL 1989, ch 255, § 109.
S.D. Codified Laws § 32-22-21 — SD Code / Title 32 / Chapter 22 / Section 32-22-21
Maximum weight on tires, axles--Penalty
Status: in_force

No vehicle equipped with pneumatic tires may be operated or moved upon any highway in this state, if the weight of the vehicle and the load thereon resting upon the surface of the highway exceeds:

(1) Six hundred fifty pounds on any inch of the tire width on any type of axle permanently attached to a mobile crane, moving upon any highway in this state, with a boom carried over the vehicle and operating with a permit issued under § 32-22-42 ;

(2) Six hundred pounds on any inch of the tire width on:

(a) An axle equipped with dual tires;

(b) A steering axle;

(c) An axle of an oversize or overweight vehicle that cannot be readily reduced in size or weight and is operating with a permit issued under § 32-22-42 ;

(d) An axle of a trailer being towed by a vehicle with a gross vehicle weight rating of eleven thousand pounds or less; or

(e) An axle equipped with tires having a minimum width of four hundred forty-five millimeters or seventeen and one-half inches if operated on a highway identified in § 32-22-21.2 ; or

(3) Five hundred pounds on any inch of the tire width on any other type of axle.

In no instance may the weight on any axle or combination of axles exceed the maximum weight limits specified in § 32-22-16 . A violation of this section is a Class 2 misdemeanor.

For the purposes of this section, "mobile crane" means a lifting machine mounted on a self-propelled carrier, featuring a telescoping or lattice boom, designed to easily move between work sites for lifting and moving heavy materials.

Source: SDC 1939, § 44.0336 (6) (e) as added by SL 1943, ch 158, § 2; SL 1947, ch 192; SL 1953, ch 234; SL 1957, ch 223, § 2; SL 1959, ch 260, § 2; SL 1984, ch 230, § 19; SL 1996, ch 202, §§ 2, 3; SL 2013, ch 148, § 1; SL 2026, ch 137, § 1.
S.D. Codified Laws § 32-10-5 — SD Code / Title 32 / Chapter 10 / Section 32-10-5
General terms of agreement--Reciprocity
Status: in_force

An agreement or arrangement pursuant to § 32-10-4 shall provide that vehicles properly registered or licensed in this state when operated upon highways of such other jurisdiction shall receive exemptions, benefits, and privileges of a similar kind or to a similar degree as are extended to vehicles properly registered or licensed in such jurisdiction when operated in this state.

Source: SL 1961, ch 237, § 4.
S.D. Codified Laws § 32-12-54 — SD Code / Title 32 / Chapter 12 / Section 32-12-54
Record of conviction or noncompliance with citation forwarded by court to department
Status: in_force

Every court having jurisdiction over offenses committed under this chapter, or any other act of this state or municipal charter, ordinance, or bylaw adopted by a local authority regulating the operation of motor vehicles on highways, shall forward to the Department of Public Safety within ten days a record of the conviction of a person in the court or a notice of the failure of a person to comply with the terms of a citation for a violation of any laws other than regulations governing parking.

Source: SL 1959, ch 261, § 19; SDC Supp 1960, § 44.03B19 (2); SL 1964, ch 129; SL 1974, ch 55, § 32; SL 1979, ch 218, § 4; SL 2003, ch 272, § 121.
S.D. Codified Laws § 32-22-28 — SD Code / Title 32 / Chapter 22 / Section 32-22-28
Metal wheeled vehicles--Maximum weight--Violation as misdemeanor
Status: in_force

No vehicle equipped with tires, rollers, or wheels, the rolling surface of which resting upon the highway consists in whole or in part of metal, may be operated upon any highway of this state if the weight of such vehicle or any load thereon or weight of vehicle and load resting upon the surface of the highway exceeds four hundred pounds upon any such width of tires, roller, or wheel of such vehicle. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0336 (6) (e) as added by SL 1943, ch 158, § 2; SL 1947, ch 192; SL 1953, ch 234; SL 1957, ch 223, § 2; SL 1959, ch 260, § 2; SL 1984, ch 230, § 25.
S.D. Codified Laws § 32-6B-3.3 — SD Code / Title 32 / Chapter 6B / Section 32-6B-3.3
Consignment or auction of vehicle with lien--Written consent and release by lien holder
Status: in_force

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

Source: SL 1997, ch 182, § 14.
S.D. Codified Laws § 32-5-148 — SD Code / Title 32 / Chapter 5 / Section 32-5-148
Department may impose conditions on requesting person
Status: in_force

The department may, prior to the disclosure of personal information as permitted under §§ 32-5-144 to 32-5-147 , inclusive, require the requesting person to meet conditions for the purposes of obtaining reasonable assurance concerning the identity of such requesting person, and, to the extent required, that the use will be only as authorized, or the consent of the person who is the subject of the information has been obtained. Such conditions may include the making and filing of a written application in such form and containing such information and certification requirements as the department may prescribe.

Source: SL 2001, ch 165, § 6.
S.D. Codified Laws § 32-35-87 — SD Code / Title 32 / Chapter 35 / Section 32-35-87
Money or securities as proof of financial responsibility--Amount--Judgments against depositor
Status: in_force

Proof of financial responsibility may be evidenced by the certificate of the state treasurer that the person named therein has deposited with him twenty - five thousand dollars in cash, or securities such as may legally be purchased by savings banks or for trust funds of a market value of thirty thousand dollars. The state treasurer shall not accept any such deposit and issue a certificate therefor and the Department of Public Safety shall not accept such certificate unless accompanied by evidence that there are no unsatisfied judgments of any character against the depositor in the county where the depositor resides.

Source: SL 1957, ch 212, § 57; SDC Supp 1960, § 44.03A57; SL 1970, ch 187; SL 2004, ch 17, § 171.
S.D. Codified Laws § 32-6B-42 — SD Code / Title 32 / Chapter 6B / Section 32-6B-42
Notification of surety of license denial, suspension or revocation
Status: in_force

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

Source: SL 1986, ch 250, § 43.
S.D. Codified Laws § 32-6B-3.4 — SD Code / Title 32 / Chapter 6B / Section 32-6B-3.4
Auction on consignment of older vehicle titled in another state
Status: in_force

Notwithstanding the provisions of subdivision 32-6B-5(4), any titled vehicle, including a vehicle owned by a vehicle dealer who has obtained a permit under the provisions of § 32-6B-5.4 but who is licensed in another state, except a motorcycle, that is not titled in South Dakota and is at least twenty 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 auctions need to be met.

Source: SL 1998, ch 177, § 1; SL 2011, ch 140, § 1; SL 2014, ch 145, § 3; SL 2019, ch 130, § 17.
S.D. Codified Laws § 32-28-5 — SD Code / Title 32 / Chapter 28 / Section 32-28-5
Meaning of steady red light with green arrow--Vehicular traffic--Pedestrians
Status: in_force

A steady red light with green arrow shall indicate that:

(1) Vehicular traffic facing such signal may cautiously enter the intersection only to make the movement indicated by such arrow but shall yield the right - of - way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection;

(2) No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic.

Source: SL 1963, ch 274, § 2 (4).
S.D. Codified Laws § 32-5-114 — SD Code / Title 32 / Chapter 5 / Section 32-5-114
Special firefighter, retired firefighter, or advanced life support personnel plates--Fee
Status: in_force

In addition to the noncommercial license plate fees, an advanced life support personnel, emergency medical technician, or firefighter receiving special license plates provided in § 32-5-113 or retired firefighter plates provided in §§ 32-5-192 and 32-5-193 , shall pay a fee of ten dollars for the initial issuance of the special license plates. The special license plate fee collected under this section must be placed in the license plate special revenue fund, as provided under § 32-5-67 .

Source: SL 1989, ch 261, § 2; SL 2004, ch 17, § 61; SL 2007, ch 173, § 39, eff. July 1, 2008; SL 2010, ch 153, § 3; SL 2024, ch 109, § 2, eff. Mar. 1, 2025; SL 2024, ch 110, § 3, eff. Mar. 1, 2025.
S.D. Codified Laws § 32-17-15.2 — SD Code / Title 32 / Chapter 17 / Section 32-17-15.2
Fertilizer and agricultural chemical trailers exempt--Rear reflector required
Status: in_force

Any vehicle used primarily for the distribution and application of agricultural fertilizer or chemicals, when drawn by another vehicle shall be exempt from the provisions of this chapter. However, those vehicles are not exempt from the provisions of § 32-17-12 .

Source: SL 1979, ch 223, § 3.
S.D. Codified Laws § 32-15-8 — SD Code / Title 32 / Chapter 15 / Section 32-15-8
Rear-vision mirrors required--Visibility distance--Violation as petty offense
Status: in_force

Every motor vehicle entitled to be licensed in South Dakota shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least two hundred feet to the rear of such vehicle, whether operated singly or towing another vehicle. A violation of this section is a petty offense.

Source: SDC 1939, § 44.0348; SL 1967, ch 198; SL 1989, ch 255, § 36.
S.D. Codified Laws § 32-7A-12.3 — SD Code / Title 32 / Chapter 7A / Section 32-7A-12.3
Time period to satisfy lien after receipt of funds--Offering mobile or manufactured home for sale prior to tender to lienholder
Status: in_force

If a dealer enters into an agreement pursuant to § 32-7A-12.2 , the dealer shall satisfy the lien within ten business days after the receipt of funds. No dealer may offer the mobile or manufactured home for sale until payment has been tendered to the lienholder, except on a consigned mobile or manufactured home, whereby the dealer shall comply with the terms of the consignment agreement.

Source: SL 2005, ch 159, § 13.
S.D. Codified Laws § 32-5-85 — SD Code / Title 32 / Chapter 5 / Section 32-5-85
Number of plates issued
Status: in_force

Two number plates must be issued, except that as to a motorcycle, recreational vehicle, semitrailer, and trailer, as such terms are defined in § 32-3-1 , one number plate must be issued.

Source: SDC 1939, § 44.0115 as added by SL 1955, ch 159, § 2; SL 1959, ch 249, § 2; SL 1963, ch 250; SL 1989, ch 257, § 82; SL 2016, ch 157, § 1; SL 2025, ch 44, § 15.
S.D. Codified Laws § 32-10-31 — SD Code / Title 32 / Chapter 10 / Section 32-10-31
Agreements made prior to enactment of statute
Status: in_force

All reciprocity and proportional registration agreements, arrangements, and declarations relating to vehicles in force and effect on February 25, 1961, shall continue in force and effect until specifically amended or revoked as provided by law or by such agreements or arrangements.

Source: SL 1961, ch 237, § 23.
S.D. Codified Laws § 32-9-4 — SD Code / Title 32 / Chapter 9 / Section 32-9-4
Motor carriage as affected with public interest--Unusual impairment of highway
Status: in_force

The business of operating as a motor carrier as defined in §§ 32-9-2 and 32-9-3 upon the highways of this state is declared to be a business affected with the public interest. The rapid increase in motor carrier traffic over the highways of this state tends to subject said highways to unusual wear and impairs the said highways disproportionately to the travel thereon by the general public, necessitating compensation to the state for the maintenance, upkeep, and policing of the said highways, to the end that said highways may be maintained in the best possible condition for the convenience and use of the general public.

Source: SDC 1939, § 44.0420.
S.D. Codified Laws § 32-12-57 — SD Code / Title 32 / Chapter 12 / Section 32-12-57
Surrender of suspended or revoked license to department
Status: in_force

The Department of Public Safety upon suspending or revoking a driver license shall require that the license be surrendered to and retained by the department.

Source: SL 1959, ch 261, § 24; SDC Supp 1960, § 44.03B24; SL 1982, ch 237, § 4; SL 2001, ch 171, § 56; SL 2003, ch 272, § 23.
S.D. Codified Laws § 32-5-167 — SD Code / Title 32 / Chapter 5 / Section 32-5-167
Emblem specialty plate--Application--List of emblems
Status: in_force

Any owner of a motor vehicle may apply for an emblem specialty plate if the owner meets the requirements of §§ 32-5-168 to 32-5-178 . The available specialty plate emblems are as follows:

(1) Organization;

(2) First responder;

(3) Organ donor; and

(4) Share the road bicyclist safety.

Source: SL 2014, ch 143, § 1; SL 2025, ch 118, § 1.
S.D. Codified Laws § 32-5-103 — SD Code / Title 32 / Chapter 5 / Section 32-5-103
Trafficking in license plates or decals--Counterfeiting--Unauthorized transfer to another vehicle--Misdemeanor
Status: in_force

Any person, other than a public official designated by this title to do so, who buys, sells, or deals in the license plates or decals provided by this chapter during the time such license plates or decals are valid, or deals with license plates or decals issued by a foreign state, or counterfeits any such license plate or decal or substitutes any marker, is guilty of a Class 1 misdemeanor.

Any person, other than a public official designated by this title to do so, who transfers any registered license plate or decal from the motor vehicle to which it is registered to any other motor vehicle is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 44.9904; SL 2014, ch 141, § 1.
S.D. Codified Laws § 32-26-4 — SD Code / Title 32 / Chapter 26 / Section 32-26-4
Mountain highways--Curves--Keeping to right--Violation as misdemeanor
Status: in_force

The driver of a motor vehicle traversing defiles, canyons, or mountain highways shall hold such motor vehicle under control and as near the right - hand side of the highway as reasonably possible. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0327; SL 1989, ch 255, § 144; SL 1989, ch 256, § 23.
S.D. Codified Laws § 32-12-33 — SD Code / Title 32 / Chapter 12 / Section 32-12-33
Unlicensable persons--Failure to pass examination
Status: in_force

The Department of Public Safety shall not issue any license under this chapter to any person who is required by this chapter to take an examination, unless such person shall have successfully passed such examination.

Source: SL 1959, ch 261, § 3; SDC Supp 1960, § 44.03B03 (5); SL 2003, ch 272, § 23.
S.D. Codified Laws § 32-26-19 — SD Code / Title 32 / Chapter 26 / Section 32-26-19
Left-turning vehicles--Right-of-way of oncoming vehicle--Signals--Violation as misdemeanor
Status: in_force

The driver of a vehicle within an intersection intending to turn to the left shall yield the right - of - way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard. The driver after having so yielded and having given a signal when and as required by this chapter, may make such left turn. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0318; SL 1945, ch 188; SL 1961, ch 224; SL 1989, ch 255, § 157; SL 1994, ch 262.
S.D. Codified Laws § 32-6B-61 — SD Code / Title 32 / Chapter 6B / Section 32-6B-61
Schedule of compensation for warranty work
Status: in_force

The schedule of compensation for warranty work shall include reasonable compensation for diagnostic work, as well as repair service, parts, and labor. Time allowances for diagnosis and performance of warranty work and service shall be adequate for the work to be performed. The hourly labor rate paid to the dealer for warranty services may not be less than the rate charged by the dealer for like service to nonwarranty customers for nonwarranty service. Reimbursement for parts used in the performance of warranty repair may not be less than the current retail rate customarily charged by the vehicle dealer for such parts. Each manufacturer or component manufacturer, in establishing a schedule of compensation for warranty work, shall rely on the vehicle dealer's written schedule of hourly labor rates and parts and may not obligate any vehicle dealer to engage in unduly burdensome documentation thereof, including, without limitation, obligating vehicle dealers to engage in transaction by transaction calculations.

Source: SL 1990, ch 245, § 2; SL 2010, ch 156, § 14, eff. Mar. 9, 2010; SL 2023, ch 100, § 6.
S.D. Codified Laws § 32-23-6 — SD Code / Title 32 / Chapter 23 / Section 32-23-6
Lawful use of drugs no defense
Status: in_force

The fact that any person charged with a violation of § 32-23-1 is or has been prescribed a drug under the laws of this state is not a defense against any charge of violating § 32-23-1 .

Source: SL 1949, ch 42, §§ 1, 2; SDC Supp 1960, § 44.0302-1 (4); SL 1965, ch 191; SL 2006, ch 168, § 12.
S.D. Codified Laws § 32-6B-4 — SD Code / Title 32 / Chapter 6B / Section 32-6B-4
License required--Violation as misdemeanor
Status: in_force

No person may engage in the business, either exclusively or in addition to any other occupation, of selling, offering to sell, or displaying new or used vehicles, without a license as provided in § 32-6B-12 . A violation of this section is a Class 2 misdemeanor. Any subsequent violation that occurs within two years from any violation of this section is a Class 1 misdemeanor.

The term, offering to sell, as used in this section, does not mean traditional advertising. However, the term includes the physical presence in this state of a new or used vehicle offered for sale by a person not exempt pursuant to the provisions of § 32-6B-5 . For an emergency vehicle dealer, as defined by § 32-6B-1 , the term includes the submission of a bid proposal for the sale of a vehicle if the bid proposal is offered in response to a bid request originating in this state.

Source: SL 1986, ch 250, § 4; SL 1990, ch 240, § 1; SL 2000, ch 147, § 1; SL 2011, ch 141, § 1; SL 2014, ch 137, § 5.
S.D. Codified Laws § 32-5-155 — SD Code / Title 32 / Chapter 5 / Section 32-5-155
Military specialty plates listed
Status: in_force

Any owner may apply for a military specialty plate if the owner meets the requirements of §§ 32-5-154 to 32-5-166 , inclusive. The available military specialty plates are as follows:

(1) National Guard plate;

(2) Disabled veteran plate;

(3) Veteran plate;

(4) Active duty plate;

(5) Prisoner of War plate;

(6) Pearl Harbor survivor plate;

(7) Gold Star plate;

(8) Purple Heart plate;

(9) Medal of Honor plate;

(10) Silver Star plate;

(11) Distinguished Service Cross plate;

(12) Navy Cross plate;

(13) Air Force Cross plate;

(14) Distinguished Flying Cross plate;

(15) Bronze Star with Valor plate;

(16) Bronze Star plate;

(17) Tribal veteran plate;

(18) Woman veteran plate; and

(19) Legion of Merit plate.

Source: SL 2014, ch 142, § 2; SL 2017, ch 130, § 1; SL 2018, ch 181, § 1; SL 2024, ch 111, § 1, eff. Mar. 1, 2025.
S.D. Codified Laws § 32-35-73 — SD Code / Title 32 / Chapter 35 / Section 32-35-73
Workers' compensation coverage unnecessary
Status: in_force

A motor vehicle liability policy as defined in § 32-35-68 need not insure any liability under any workers' compensation law nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance, or repair of any such vehicle nor any liability for damage to property owned by, rented to, in charge of, or transported by the insured.

Source: SL 1957, ch 212, § 51; SDC Supp 1960, § 44.03A51 (5).
S.D. Codified Laws § 32-6B-78 — SD Code / Title 32 / Chapter 6B / Section 32-6B-78
Transferee's qualification as sole issue in objection
Status: in_force

The issue in an objection filed under §§ 32-6B-73 to 32-6B-78 , inclusive, either with the department or in a separate civil proceeding, is whether or not the prospective transferee is qualified. The department, or a court in a separate civil proceeding, shall enter an order holding that the prospective transferee either is qualified or is not qualified. If the department's or a court's order is that the prospective transferee is qualified, the dealer's franchise agreement is amended to reflect the change in franchisee and the manufacturer or franchisor shall accept the transfer for all purposes. If the department's or a court's order is that the prospective transferee is not qualified, the department or a court may include specific reasons why the prospective transferee is not qualified and may include specific conditions under which the prospective transferee would be qualified. If the department's or a court's order that a prospective transferee is not qualified includes specific conditions under which the prospective transferee would be qualified, the department or a court may retain jurisdiction of the dispute for a time certain to allow the dealer and prospective transferee to meet the conditions set forth.

Source: SL 2000, ch 150, § 6; SL 2010, ch 156, § 18, eff. Mar. 9, 2010.
S.D. Codified Laws § 32-3-2.4 — SD Code / Title 32 / Chapter 3 / Section 32-3-2.4
Farm vehicles exempt--Exceptions
Status: in_force

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

Source: SL 1982, ch 225, § 3; SL 1986, ch 242, § 5.
S.D. Codified Laws § 32-12A-21 — SD Code / Title 32 / Chapter 12A / Section 32-12A-21
Privileges conferred by learner's permit or driver license--Classifications of permits and licenses
Status: in_force

The holder of a valid commercial learner's permit or commercial driver license may drive any vehicle in the class for which that license is issued, and any lesser class of vehicle, except a motorcycle. No person may drive a vehicle requiring an endorsement unless the proper corresponding endorsement appears on that person's commercial learner's permit or commercial driver license. A commercial learner's permit or commercial driver license may be issued with the following classifications:

(1) Class A Combination Vehicle. Any combination of commercial motor vehicles and towed vehicles with a gross vehicle weight rating of twenty-six thousand one or more pounds if the gross vehicle weight rating of the vehicles being towed are in excess of ten thousand pounds. This class includes:

(a) Any vehicle designed to transport sixteen or more passengers, including the driver; and

(b) Any vehicle used in the transportation of hazardous materials that require the vehicle to be placarded under 49 C.F.R. Part 172, Subpart F, as of January 1, 2015;

(2) Class B Heavy Straight Vehicle. Any single commercial motor vehicle with a gross vehicle weight rating of twenty-six thousand one or more pounds or any such commercial motor vehicle towing a vehicle with a gross weight rating not exceeding ten thousand pounds. This class includes:

(a) Any vehicle designed to transport sixteen or more passengers, including the driver; and

(b) Any vehicle used in the transportation of hazardous materials which require the vehicle to be placarded under 49 C.F.R. Part 172, Subpart F, as of January 1, 2015;

(3) Class C Small Vehicle. Any single vehicle, or combination of vehicles, that meet neither the definition of class A nor that of class B as contained in this section. This class includes any vehicle designed to transport sixteen or more passengers, including the driver, or is used in the transportation of hazardous materials which require the vehicle to be placarded under 49 C.F.R. Part 172, Subpart F, as of January 1, 2015.

Source: SL 1989, ch 267, § 16; SL 1991, ch 252, § 9; SL 1994, ch 254, § 2; SDCL § 32-12-96; SL 2001, ch 171, §§ 88, 115; SL 2007, ch 182, § 7; SL 2010, ch 161, § 6; SL 2011, ch 144, § 6; SL 2015, ch 168, § 18.
S.D. Codified Laws § 32-3A-39 — SD Code / Title 32 / Chapter 3A / Section 32-3A-39
Temporary permit--Fee
Status: in_force

A person, in possession of a title either in his name or assigned to the person or a bill of sale which lists the person as a purchaser of the boat, may procure from any county treasurer a temporary permit which allows use of the boat in South Dakota waters. The title or bill of sale shall be available for inspection by any law enforcement officer if the boat is being used. The permit may be purchased for any period from five to fifteen consecutive days at a fee of one dollar per day for each day the permit is required. The minimum permit fee is five dollars. The fee is payable to the county treasurer at the time of purchase. All permit fees shall be forwarded monthly by the county treasurer to the department. The fee shall be deposited in the state motor vehicle fund. Only one permit may be issued yearly for each boat.

Source: SL 1993, ch 322, § 18; SDCL 42-8-91; SL 1998, ch 74, § 23.
S.D. Codified Laws § 32-9-57 — SD Code / Title 32 / Chapter 9 / Section 32-9-57
Transporter plates for hauling new trailers--Violation as misdemeanor
Status: in_force

Any commercial motor carrier located in the state hauling a new trailer with a manufacturer's statement of origin or certificate of title and who has registered with the Department of Revenue as a transporter may use a transporter plate upon the streets and highways for in-transit purposes. The fee for a transporter plate is fifty dollars and the fee shall be deposited in the license plate special revenue fund. Any new trailer bearing a transporter plate may be used on the most direct route from the trailer's manufacturer to the licensed trailer dealer for a period of ten days. A bill of lading that contains the origin and destination of the new trailer shall accompany each movement. No transporter may use a transporter plate for any other purpose. A violation of this section is a Class 2 misdemeanor.

Source: SL 2000, ch 153, § 1; SL 2004, ch 17, § 118; SL 2005, ch 71, § 11; SL 2007, ch 179, § 1; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-3A-50 — SD Code / Title 32 / Chapter 3A / Section 32-3A-50
Excise tax on purchase of any large boat--In lieu of sales tax--Violation as misdemeanor
Status: in_force

In addition to all other fees, a person shall pay an excise tax at the rate of three percent on the purchase price of any large boat, purchased or acquired for use on the waters of this state and required to be registered under the laws of this state. This tax shall be in lieu of any tax levied by chapters 10-45 and 10-46 on the sales of such large boats. Failure to pay the full amount of excise tax is a Class 1 misdemeanor.

Source: SL 1993, ch 102, § 1; SL 1994, ch 335, § 3; SDCL 10-60-1 .
S.D. Codified Laws § 32-17-24 — SD Code / Title 32 / Chapter 17 / Section 32-17-24
Headlamps on motorcycles--Violation as petty offense
Status: in_force

Every motorcycle shall be equipped with at least one and not more than two headlamps which shall comply with the requirements and limitations set forth in §§ 32-17-5 and 32-17-6 . A violation of this section is a petty offense.

Source: SDC 1939, § 44.0352 (3); SL 1974, ch 219, § 20; SL 1984, ch 228, § 2; SL 1989, ch 255, § 53.
S.D. Codified Laws § 32-26-35 — SD Code / Title 32 / Chapter 26 / Section 32-26-35
Driving to left on grade or curve--Obstructed view--Violation as misdemeanor
Status: in_force

No person may drive any vehicle on the left side of the roadway when approaching or upon the crest of a grade or a curve in the highway where the driver's view is obstructed within such distance as to create a hazard if another vehicle is approaching from the opposite direction. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0313; SL 1953, ch 230; SL 1967, ch 192; SL 1970, ch 175, § 17; SL 1989, ch 255, § 172.
S.D. Codified Laws § 32-22-51.2 — SD Code / Title 32 / Chapter 22 / Section 32-22-51.2
Livestock not to be unloaded from overweight vehicle--Special permit--Other enforcement action
Status: in_force

The unloading of livestock as defined by subdivision 39-5-6(11) is prohibited for the enforcement of violations of §§ 32-22-16 and 32-22-21 . The officer shall issue to the driver of the vehicle at the point of violation a special overweight permit for the amount of the overload if the load cannot be adjusted to the legal limits without unloading. The permit authorized pursuant to this section is issued at the flat rate of one hundred dollars for an overweight permit. The flat rate shall include the cost of issuing the permit. This permit authorizes the driver to operate the overweight vehicle to the point of destination within the state or the point of exit from the state. This permit does not, however, exempt the operator from any other enforcement actions.

Source: SL 1979, ch 227, §§ 1, 2; SL 1980, ch 226, § 17; SL 1983, ch 241, § 9.
S.D. Codified Laws § 32-12-3.2 — SD Code / Title 32 / Chapter 12 / Section 32-12-3.2
Promulgation of rules
Status: in_force

The Department of Public Safety may promulgate rules pursuant to chapter 1-26 to implement the provisions of §§ 32-12-3.1 and 32-12-42 .

Source: SL 1997, ch 188, § 3; SL 2004, ch 17, § 129.
S.D. Codified Laws § 32-10-34 — SD Code / Title 32 / Chapter 10 / Section 32-10-34
Possession of registration documents required--Violation as misdemeanor
Status: in_force

It is a Class 2 misdemeanor for any person operating a motor vehicle under the provisions of this chapter to operate a motor vehicle upon the highways of this state who does not have in his possession registration cards evidencing full and proper licensing of that particular vehicle in accordance with the provisions of this chapter.

Source: SL 1966, ch 140; SL 1972, ch 177; SL 1988, ch 251, § 13.
S.D. Codified Laws § 32-20B-4 — SD Code / Title 32 / Chapter 20B / Section 32-20B-4
Parking on sidewalk--Violation as petty offense
Status: in_force

A person may park a bicycle on a sidewalk unless prohibited or restricted by an official traffic control device or ordinance. The parked bicycle may not impede the normal and reasonable movement of pedestrian or other traffic. A violation of this section is a petty offense.

Source: SL 1982, ch 226, § 11.
S.D. Codified Laws § 32-3A-27 — SD Code / Title 32 / Chapter 3A / Section 32-3A-27
Hull identification number
Status: in_force

Any boat whose construction began after October 31, 1972, shall have a hull identification number assigned and affixed as required by the federal Boat Safety Act of 1971. The Department of Revenue shall by rules promulgated pursuant to chapter 1-26 , establish the procedures for application and for issuance of the hull identification number for homebuilt boats. No person may destroy, remove, alter, cover, or deface the manufacturer's hull identification number, the plate bearing it, or any hull identification number the department assigns to a boat without the department's permission. A person other than a manufacturer who constructs a large boat or uses an unconventional device as a large boat for navigation shall submit an affidavit which describes the large boat or device to the department. In cooperation with the county treasurer, the department shall assign a hull identification number to the large boat or device. The applicant shall cause the number to be carved, burned, stamped, embossed, or otherwise permanently affixed to the outboard side of the transom or, if there is no transom, to the outermost starboard side at the end of the hull that bears the rudder or other steering mechanism, above the waterline of the boat or device in such a way that alteration, removal, or replacement would be obvious and evident.

Source: SL 1991, ch 362, § 12; SL 1994, ch 335, § 35; SDCL § 42-8-79; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-33-14 — SD Code / Title 32 / Chapter 33 / Section 32-33-14
Existing law enforcement authority unaffected
Status: in_force

Nothing in §§ 32-33-10 to 32-33-13 , inclusive, shall be deemed to limit, or encroach upon, the existing authority of South Dakota Law Enforcement Officers in the performance of their duties involving traffic control.

Source: SL 1961, ch 149, § 4.
S.D. Codified Laws § 32-15-7 — SD Code / Title 32 / Chapter 15 / Section 32-15-7
Windshield wipers required--Exceptions--Penalty
Status: in_force

The windshield on every motor vehicle as defined by § 32-3-1 except farm tractors and motorcycles, shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which device shall be operated by the driver of the vehicle. No person may operate a motor vehicle upon the highways unless such vehicle shall be equipped with such device in good working order capable of cleaning the windshield thereof and which device shall provide the driver a clear view of the highway. A violation of this section is a petty offense.

Source: SL 1967, ch 199, § 2; SL 1989, ch 255, § 35; SL 2025, ch 44, § 18.
S.D. Codified Laws § 32-17-29 — SD Code / Title 32 / Chapter 17 / Section 32-17-29
Time during which flares must be displayed--Location and spacing of flares--Removal of vehicle--Violation as misdemeanor--Exceptions
Status: in_force

Every operator of a motor truck, tractor, truck tractor, farm tractor, road tractor, or road patrol, or any combination thereof, including trailers and semitrailers, and all vehicles exceeding a width at any point of eighty inches, shall, immediately upon bringing his vehicle to a stop upon the traveled portions of any public highway, place three flares, red electric lights, red reflectors, or emergency reflective triangles on the roadway. If traffic on the roadway moves in two directions, one of these devices shall be placed at least one hundred feet in the front, one at least one hundred feet to the rear, and one alongside the stopped vehicle. Upon a one-way roadway or divided highway, one of these devices shall be placed at least one hundred feet to the rear, one at least two hundred feet to the rear, and one alongside the stopped vehicle. The flares, red electric lights, red reflectors, or emergency reflective triangles shall be of such type of construction as will furnish continuous light for a period from sunset to sunrise at all times of the year. It is the responsibility of the driver or the person in charge of the vehicle to remove the vehicle in the most expeditious manner. Any vehicle found parked in violation of this section may be immediately removed to a place of safekeeping as directed by a police officer. Any vehicle removed pursuant to this section shall be disposed of as directed by §§ 32-30-15 and 32-30-18 . A violation of this section is a Class 2 misdemeanor. A subsequent violation is subject to § 32-17-30 .

This section does not apply if the stopping is momentary, in obedience to an intersection stoplight, or conforming to the movement of a line of traffic or within the corporate limits of a municipality.

Source: SDC 1939, § 44.0354; SL 1939, ch 172; SL 1953, ch 235; SL 1980, ch 222; SL 1980, ch 223; SL 1984, ch 228, § 7; SL 1989, ch 255, § 68; SL 1989, ch 256, § 13.
S.D. Codified Laws § 32-22-43 — SD Code / Title 32 / Chapter 22 / Section 32-22-43
Liability for damages not affected by issuance of permit
Status: in_force

The issuance of any permit provided for in this chapter or the rules adopted for issuance of the permit do not relieve the holder of the permit from liability for damages caused to a highway by any movement under the permit.

Source: SDC 1939, § 44.0342 (5) as added by SL 1957, ch 225, § 5; SL 2010, ch 145, § 185.
S.D. Codified Laws § 32-11-34 — SD Code / Title 32 / Chapter 11 / Section 32-11-34
Local government highway and bridge fund created--Appropriation
Status: in_force

The local government highway and bridge fund is hereby created and appropriated for the use of counties, municipalities, and townships for the purposes of constructing and maintaining highways, streets, and bridges on their highway and street systems. Beginning on October 1, 2015, before each quarterly disbursement is made pursuant to § 32-11-35 , the secretary of revenue shall transfer one million seven hundred fifty thousand dollars to the local bridge improvement grant fund created pursuant to § 32-11-38 .

Source: SL 1985, ch 252, § 3A; SL 2015, ch 165, § 4, eff. Apr. 1, 2015.
S.D. Codified Laws § 32-10-4 — SD Code / Title 32 / Chapter 10 / Section 32-10-4
Agreements with other states respecting taxes, fees, or charges against vehicles--Scope of agreement
Status: in_force

The Department of Revenue may enter into an agreement or arrangement with the duly authorized representatives of another jurisdiction, granting to vehicles or to owners or operators of vehicles which are properly registered or licensed in such jurisdiction and for which evidence of compliance is supplied, benefits, privileges, and exemptions from the payment, wholly or partially, of any taxes, fees, or other charges imposed upon such vehicles, owners, or operators with respect to the operation or ownership of such vehicles under the laws of this state. Each such agreement or arrangement shall, in the judgment of the department, be in the best interest of this state and the citizens thereof and shall be fair and equitable to this state and the citizens thereof, and all of the same shall be determined on the basis and recognition of the benefits which accrue to the economy of this state from the uninterrupted flow of commerce.

Source: SL 1961, ch 237, § 4; SL 2004, ch 17, § 123; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-6B-28 — SD Code / Title 32 / Chapter 6B / Section 32-6B-28
Time for application for registration by owner--Inspection of documents by law enforcement officer
Status: in_force

The owner of a vehicle described in § 32-6B-26 , shall within forty-five days after the date of purchase, apply to the county treasurer of the owner's county of residence for registration and shall possess a bill of sale, or duplicate thereof, or a properly assigned registration card, which is subject at all times to inspection by a law enforcement officer.

Source: SL 1986, ch 250, § 29; SL 1990, ch 228, § 6; SL 2015, ch 156, § 14.
S.D. Codified Laws § 32-3-29 — SD Code / Title 32 / Chapter 3 / Section 32-3-29
Lost certificates--Fee for duplicate
Status: in_force

In the case of lost certificates of title, duplicates may be issued if the loss is accounted for to the satisfaction of the secretary. Any lien to be noted on a certificate of title shall be evidenced by a copy of the security interest when a person applies for a duplicate certificate of title. A fee of ten dollars shall be paid to the secretary for each duplicate issued.

Source: SDC 1939, § 44.0209; SL 1957, ch 217; SL 1981, ch 231, § 3; SL 1986, ch 242, § 36; SL 2017, ch 128, § 3.
S.D. Codified Laws § 32-6B-24 — SD Code / Title 32 / Chapter 6B / Section 32-6B-24
Repossession of dealer plates
Status: in_force

Any dealers' metal plates issued pursuant to § 32-6B-21 or 32-6B-23 , remain the property of the state and may be repossessed by the state in the event of a violation of any of the provisions of this chapter.

Source: SL 1986, ch 250, § 25.
S.D. Codified Laws § 32-4-10.2 — SD Code / Title 32 / Chapter 4 / Section 32-4-10.2
Forfeiture proceeding--Time of hearing--Standard and burden of proof--Release to owner on condition of obtaining identification number
Status: in_force

A forfeiture proceeding as provided in § 32-4-10.1 , shall be set for hearing within sixty days from the date of filing the verified answer. At the hearing, the state shall establish by a preponderance of the evidence that the original manufacturer's vehicle identification number or serial number on the motor vehicle, trailer, or component part has been removed, defaced, altered, obscured, or destroyed and that such vehicle or component part had no identification number attached to it as described in § 32-4-10 . If the court finds that the state has met this burden, it shall order the motor vehicle, trailer or component part forfeited. If the court finds that the property is not subject to forfeiture, it shall order the property released to the owner, party in interest or claimant, as his right, title, or interest appears on the condition that such person obtain an identification number from the Department of Revenue under the provisions of § 32-3-22 .

Source: SL 1988, ch 239, § 3; SL 2004, ch 17, § 50; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-7A-2 — SD Code / Title 32 / Chapter 7A / Section 32-7A-2
Established place of business
Status: in_force

For the purposes of this chapter, a principal place of business is an enclosed building or structure either owned in fee or leased, at which a permanent business of bartering, trading, and selling of mobile homes or manufactured homes is carried on. The place of business may not be a tent, temporary stand, or other temporary quarters, nor permanent quarters occupied pursuant to any temporary arrangement. However, a principal place of business may be a mobile home or manufactured home that has been properly mounted either on a permanent foundation or properly anchored and blocked. A licensee may use unimproved lots and premises for sale, storage, and display of mobile homes and manufactured homes. A licensee may use a residence located within or adjacent to his mobile home park or a manufactured home park as a principal place of business, unless prohibited by local zoning.

Source: SL 1984, ch 223, § 2; SL 1986, ch 251, § 2.
S.D. Codified Laws § 32-35-80 — SD Code / Title 32 / Chapter 35 / Section 32-35-80
Notice to department of cancellation or termination of policy--Violation as misdemeanor--Termination by certification of replacement policy
Status: in_force

If an insurance carrier has certified a motor vehicle liability policy under § 32-35-65 or 32-35-66 , a written notice indicating the date of cancellation or termination of the insurance so certified shall be filed with the Department of Public Safety within fifteen days of the date the policy has been cancelled or terminated. A violation of this provision is a Class 2 misdemeanor. However, a policy subsequently procured and certified shall, on the effective date of its certification, terminate the insurance previously certified with respect to any vehicle designated in both certificates.

Source: SL 1957, ch 212, § 52; SDC Supp 1960, § 44.03A52; SL 1978, ch 158, § 64; SL 1991, ch 264; SL 2004, ch 17, § 167.
S.D. Codified Laws § 32-12-126 — SD Code / Title 32 / Chapter 12 / Section 32-12-126
License applications and examination materials--Language--Driving test--Interpreter at applicant’s cost
Status: in_force

For noncommercial driver licenses and permits, the Department of Public Safety shall:

(1) Provide the applications in Spanish and English;

(2) Provide the examination materials in Spanish and English; and

(3) Allow an applicant to take the written knowledge test in Spanish or English.

Any instructions given to the applicant during the driving test must be administered in English. An applicant who is a native speaker of any language other than English may bring an interpreter along during the driving test, provided the interpreter is approved by the department and the applicant is solely responsible for recruiting the interpreter and paying the interpreter's fees.

Source: SL 2020, ch 118, § 2, eff. Jan. 1, 2021; SL 2025, ch 124, § 1.
S.D. Codified Laws § 32-5-6.4 — SD Code / Title 32 / Chapter 5 / Section 32-5-6.4
Registration of certain noncommercial motor vehicles for less than twelve months--Fee
Status: in_force

The owner of any noncommercial motor vehicle which would be required to pay a license fee based on the gross weight of the motor vehicle as provided by § 32-5-6.3 may register the vehicle for a period of three to eight months, inclusive, in lieu of an annual registration. The fee for such a registration shall be one - twelfth of the annual license fee for the motor vehicle as determined pursuant to § 32-5-6.3 multiplied by the number of months for which the motor vehicle is to be registered, however in no event shall the fee be less than fifteen dollars. This section does not apply to any recreational vehicle as defined by § 32-3-1 .

If the owner of the motor vehicle registers such motor vehicle more than once each year pursuant to this section, the owner shall pay upon the second or subsequent registration pursuant to this section a ten dollar administrative fee for each license issued pursuant to this section. The administrative fee shall be retained by the county to cover administrative costs.

Source: SL 1991, ch 239, § 9; SL 1993, ch 221, § 1.
S.D. Codified Laws § 32-12-49.3 — SD Code / Title 32 / Chapter 12 / Section 32-12-49.3
Suspension based on licensee's record
Status: in_force

The department shall impose a period of suspension for violations meeting the conditions of subdivision 32-12-49(2) or (4), based on the licensee's record during the last forty - eight months, according to the following schedule:

(1) First suspension--sixty days;

(2) Second suspension--six months; and

(3) Subsequent suspension--one year.

Source: SL 1998, ch 188, § 2.
S.D. Codified Laws § 32-15-35 — SD Code / Title 32 / Chapter 15 / Section 32-15-35
Definitions--Aftermarket crash parts
Status: in_force

Terms used in § 32-15-36 mean:

(1) "Aftermarket crash part," a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels;

(2) "Installer," an individual who actually does the work of replacing or repairing parts of a motor vehicle;

(3) "Insurer," an insurance company and any person authorized to represent the insurer with respect to a claim;

(4) "Nonoriginal equipment manufacturer (Non-OEM) aftermarket crash part," aftermarket crash parts not made for or by the manufacturer of the motor vehicle;

(5) "Repair facility," any motor vehicle dealer, garage, body shop, or other commercial entity which undertakes the repair or replacement of those parts that generally constitute the exterior of a motor vehicle.

Source: SL 1990, ch 408, § 1.
S.D. Codified Laws § 32-25-4 — SD Code / Title 32 / Chapter 25 / Section 32-25-4
Maximum speed on interstate highways--Violation as misdemeanor
Status: in_force

Except as provided pursuant to § 32-25-7 , no person may drive a vehicle upon the national system of interstate highways at a speed in excess of eighty miles per hour. A violation of this section is a Class 2 misdemeanor.

Source: SDC Supp 1960, § 44.0303 (7) as added by SL 1963, ch 253; SL 1985, ch 264, § 4; SL 1989, ch 255, § 124; SL 1996, ch 207, § 1; SL 2015, ch 165, § 26, eff. Apr. 1, 2015.
S.D. Codified Laws § 32-4-4 — SD Code / Title 32 / Chapter 4 / Section 32-4-4
Unauthorized tampering with motor vehicle--Misdemeanor
Status: in_force

Any person who tampers with the motor vehicle of another, with intent to injure the same or cause inconvenience to the owner or person lawfully in charge of the vehicle under such circumstances as not to constitute theft, is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 44.9902; SL 1968, ch 176; SL 1981, ch 177, § 10; SL 1983, ch 230, § 4.
S.D. Codified Laws § 32-22-57.2 — SD Code / Title 32 / Chapter 22 / Section 32-22-57.2
Specification of size and load carrying capacity of variable load axles
Status: in_force

The transportation commission may, by rule adopted pursuant to chapter 1-26 , specify the size and load carrying capacity of variable load axles or other axles used to modify or increase the carrying capacity of any vehicle.

Source: SL 1989, ch 264, § 22.
S.D. Codified Laws § 32-6B-59 — SD Code / Title 32 / Chapter 6B / Section 32-6B-59
Right of department to apply for injunction against violation of chapter
Status: in_force

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

Source: SL 1986, ch 250, § 60.
S.D. Codified Laws § 32-6B-72 — SD Code / Title 32 / Chapter 6B / Section 32-6B-72
Succession--Refusal to honor
Status: in_force

If a franchisor believes that good cause exists to refuse to honor the intended succession under § 32-6B-71 , the franchisor shall serve the named successor written notice of refusal to honor the intended succession within sixty days of its receipt of the notice of intended succession, or within sixty days of receiving the information requested pursuant to § 32-6B-71 , whichever is later. The notice shall contain specific grounds for the refusal to honor the succession.

If the notice of refusal to honor the intended succession is not timely served upon the intended successor, the successor may continue the franchise subject only to termination as otherwise permitted in this chapter.

In determining whether good cause exists for the refusal to honor the intended succession, the franchisor has the burden of proving that the intended successor is not a person of good moral character or does not meet the franchisor's existing and reasonable standards. Good cause for refusal to honor succession does not include the owner's dealership being dualed with another franchisor's line.

Source: SL 1998, ch 182, § 2.
S.D. Codified Laws § 32-23-4 — SD Code / Title 32 / Chapter 23 / Section 32-23-4
Punishment for third offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege
Status: in_force

If conviction for a violation of § 32-23-1 is for a third offense, the person is guilty of a Class 6 felony, and the court must revoke the person's driver license for a period of not less than one year from the date sentence is imposed or one year from the date of initial release from imprisonment, whichever is later. If the person is returned to imprisonment prior to the completion of the period of driver's license revocation, time spent imprisoned does not count toward fulfilling the period of revocation. If the person is convicted of driving without a license during that period, the court must sentence the person to the county jail for not less than ten days, which sentence may not be suspended. Notwithstanding § 23A-27-19 , the court retains jurisdiction to modify the conditions of the license revocation for the term of the revocation. Upon the successful completion of a court-approved chemical dependency counseling program, and proof of financial responsibility pursuant to § 32-35-113 , the court may permit the person to operate a vehicle for the purposes of employment, 24/7 sobriety testing, attendance at school, child care delivery or pickup, health appointments, attendance at court or probation appointments, or attendance at counseling programs, treatment, aftercare, or an alternative care program pursuant to subdivision 23A-27-18.3 (2).

Source: SL 1953, ch 246, § 1; SDC Supp 1960, § 44.9922 (3); SL 1961, ch 240; SL 1971, ch 190; SL 1973, ch 195, § 7; SL 1982, ch 247, § 2; SL 1985, ch 263, § 2; SL 1989, ch 273, § 1; SL 2006, ch 168, § 7; SL 2008, ch 161, § 3, eff. Feb. 27, 2008; SL 2022, ch 99, § 3; SL 2024, ch 120, § 3; SL 2026, ch 112, § 2.
S.D. Codified Laws § 32-3A-40 — SD Code / Title 32 / Chapter 3A / Section 32-3A-40
Transferred ownership of large boat
Status: in_force

If ownership of a large boat is being transferred, the application for certificate of title shall be filed within forty-five days after the date of assignment or acquisition of the large boat. However, a boat dealer need not apply for a certificate of title on any large boat held in stock or acquired for stock purposes unless otherwise required under this chapter. Upon transfer of the large boat, the boat dealer shall give the transferee a reassignment of the certificate of title or the manufacturer's statement of origin.

Source: SL 1993, ch 322, § 21; SL 1994, ch 335, § 43; SDCL § 42-8-92; SL 1998, ch 74, § 24; SL 2016, ch 154, § 8.
S.D. Codified Laws § 32-2-7 — SD Code / Title 32 / Chapter 2 / Section 32-2-7
Enforcement of laws governing motor carriers
Status: in_force

Agents, patrol officers, motor carrier enforcement officers, and motor carrier inspectors of the Department of Public Safety shall assist in the enforcement of all laws, police regulations, and rules governing motor vehicles and motor carriers over and upon the highways of this state. The agents, patrol officers, motor carrier enforcement officers, and motor carrier inspectors may stop any vehicle or carrier to examine, measure, or weigh the vehicle and its load and to withdraw and inspect any fuel being transported by the vehicle or used to propel the vehicle. The agents, patrol officers, motor carrier enforcement officers, and motor carrier inspectors may examine any bill - of - lading, registration, license, or permit to determine if the motor carrier is properly registered, licensed, or permitted and if the load transported is an amount permitted by the commercial motor vehicle license issued to the carrier.

Source: SDC 1939 § 44.0605 (1); SL 1970, ch 167; SL 1974, ch 207; SL 1981, ch 230, § 1; SL 1996, ch 90, § 43; SL 2000, ch 140, § 1; SL 2003, ch 272, § 121.
S.D. Codified Laws § 32-3A-61 — SD Code / Title 32 / Chapter 3A / Section 32-3A-61
Siblings defined
Status: in_force

For the purposes of this chapter, the term, siblings, includes any individuals who are brother or sister by blood, marriage, or adoption.

Source: SL 1993, ch 102, § 13; SDCL 10-60-14.
S.D. Codified Laws § 32-35-96 — SD Code / Title 32 / Chapter 35 / Section 32-35-96
Conditions under which waiver or return of proof not permitted
Status: in_force

Notwithstanding § 32-35-95 , the Department of Public Safety shall not consent to the cancellation of any bond or the return of any money or securities in the event any action for damages upon a liability covered by such proof is then pending or any judgment upon any such liability is then unsatisfied, or in the event the person who has filed such bond or deposited such money or securities has within one year immediately preceding such request been involved as a driver or owner in any motor vehicle accident resulting in injury or damage to the person or property of others. An affidavit of the applicant as to the nonexistence of such facts, or that he has been released from all of his liability, or has been finally adjudicated not to be liable, for such injury or damage, shall be sufficient evidence thereof in the absence of evidence to the contrary in the records of the department.

Source: SL 1957, ch 212, § 62; SDC Supp 1960, § 44.03A62; SL 2004, ch 17, § 177.
S.D. Codified Laws § 32-35-56 — SD Code / Title 32 / Chapter 35 / Section 32-35-56
Judicial determination that insurer is not liable
Status: in_force

Whenever in any judicial proceedings it shall be determined by any final judgment, decree, or order that an insurer is not obligated to pay any judgment referred to in § 32-35-55 , the Department of Public Safety, notwithstanding any contrary finding theretofore made by it, 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, as provided in § 32-35-52 .

Source: SL 1957, ch 212, § 40; SDC Supp 1960, § 44.03A40; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2004, ch 17, § 161; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-4-5 — SD Code / Title 32 / Chapter 4 / Section 32-4-5
Receiving or transferring possession of vehicle known to have been stolen--Felony--Provision supplementary to other penalties
Status: in_force

Any person who, with intent to procure or pass title to a motor vehicle which he knows, or has reason to believe, has been stolen, shall receive or transfer possession of the same from or to another, or who shall have in his possession any motor vehicle which he knows, or has reason to believe, has been stolen, and who is not an officer of the law engaged at the time in the performance of his duty as such officer, shall be guilty of a Class 5 felony. This provision shall not be exclusive of any other penalties prescribed by any existing or future laws for theft or unauthorized taking of motor vehicles, but shall be deemed supplementary thereto.

Source: SDC 1939, § 44.9911; SL 1981, ch 177, § 11.
S.D. Codified Laws § 32-3A-51 — SD Code / Title 32 / Chapter 3A / Section 32-3A-51
"Large boat" defined
Status: in_force

For purposes of this chapter, the term, large boat, means any boat defined as a large boat by § 32-3A-2 and its accompanying motor.

Source: SL 1993, ch 102, § 2; SL 1994, ch 335, § 4; SDCL 10-60-2.
S.D. Codified Laws § 32-17-22 — SD Code / Title 32 / Chapter 17 / Section 32-17-22
United States mail vehicles--Warning lights--Color--Mounting and location--Visibility--Violation as petty offense
Status: in_force

Any vehicle, operated by a person authorized to carry United States mail, may be equipped with a single rotating beacon light or lamps to warn the operators of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking, or passing. Such equipped vehicle may display such warning in addition to any other warning signals required by this chapter. The beacon or lamps herein provided shall be used only while such vehicle is actually carrying United States mail. The beacon light shall be visible three hundred sixty degrees and be a white or amber light, or any shade of color between white and amber. The lamps used to display such warning to the front shall be mounted at the same level and as widely spaced laterally as practicable, and shall display simultaneously flashing white or amber lights, or any shade of color between white and amber. The lamps used to display such warning to the rear shall be mounted at the same level and as widely spaced laterally as practicable and shall show simultaneously flashing white or amber lights, or any shade of color between white and amber. These warning lights shall be visible from a distance of not less than five hundred feet under normal atmospheric conditions at night. A violation of this section is a petty offense.

Source: SDC 1939, § 44.0352 (18) as added by SL 1957, ch 228; SL 1988, ch 259; SL 1989, ch 255, § 51.
S.D. Codified Laws § 32-3A-3 — SD Code / Title 32 / Chapter 3A / Section 32-3A-3
Registration validation decal and numbering display requirements for boats--Violation as misdemeanor
Status: in_force

No person may operate or give permission for operation of a nonmotorized boat over twelve feet in length or a motorboat on the waters of this state unless a registration validation decal is displayed on each side of the bow of the boat. No person may operate or give permission for operation of a nonmotorized boat over eighteen feet in length or of a motorboat on the waters of this state unless the boat is numbered in accordance with this chapter and the identifying number set forth in the certificate of number is displayed on each side of the bow of the boat. A violation of this section is a Class 2 misdemeanor.

Source: SL 1959, ch 125, § 3; SDC Supp 1960, § 25.1403; SL 1963, ch 143, § 1; SL 1972, ch 231, § 1; SL 1984, ch 279, § 2; SDCL 42-8-3 ; SL 2003, ch 164, § 1.
S.D. Codified Laws § 32-9-14 — SD Code / Title 32 / Chapter 9 / Section 32-9-14
Overweight operation prohibited--Violation a misdemeanor
Status: in_force

No person may operate a vehicle, trailer, or semitrailer as a commercial motor vehicle on the public highways of this state with a gross weight of more than the gross weight fixed and determined by the person and for which the person has paid commercial motor vehicle fees and received a commercial motor vehicle certificate. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0424; SL 1977, ch 249, § 25; SL 1989, ch 255, § 26; SL 1989, ch 264, § 9.
S.D. Codified Laws § 32-17-19 — SD Code / Title 32 / Chapter 17 / Section 32-17-19
Spot lamps--Aiming and adjustment--Violation as misdemeanor
Status: in_force

Any motor vehicle may be equipped with not to exceed one spot lamp and every lighted spot lamp shall be so aimed and used upon approaching another vehicle that no part of the high intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle nor more than one hundred feet ahead of the vehicle. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0352 (13); SL 1989, ch 255, § 63.
S.D. Codified Laws § 32-3A-38.8 — SD Code / Title 32 / Chapter 3A / Section 32-3A-38.8
Large boats previously titled in another state--Notation on title required
Status: in_force

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

Source: SL 2004, ch 203, § 9.
S.D. Codified Laws § 32-12A-58 — SD Code / Title 32 / Chapter 12A / Section 32-12A-58
Adoption of Title 49 C.F.R., chapter 3, subpart B, parts 383 and 384
Status: in_force

The state hereby adopts Title 49 of the Code of Federal Regulations, chapter 3, subpart B, parts 383 and 384, inclusive, as of January 1, 2015.

Source: SL 1996, ch 201, § 15; SDCL § 32-12-124; SL 2001, ch 171, § 115; SL 2005, ch 167, § 32, eff. Sept. 30, 2005; SL 2007, ch 182, § 15; SL 2010, ch 161, § 16; SL 2011, ch 144, § 14; SL 2015, ch 168, § 40.
S.D. Codified Laws § 32-41-3 — SD Code / Title 32 / Chapter 41 / Section 32-41-3
Automated driving system--Legal status
Status: in_force

When an automated driving system installed on a motor vehicle is engaged:

(1) The automated driving system is the driver and operator, for the purpose of assessing compliance with applicable traffic or motor vehicle laws, and shall satisfy electronically all physical acts required by a driver or operator of the vehicle;

(2) The automated driving system is licensed to operate the vehicle; and

(3) The vehicle's failure to comply with applicable traffic and motor carrier laws must be imputed to the owner of the vehicle, who may be charged and convicted of a violation.

Source: SL 2024, ch 122, § 3.
S.D. Codified Laws § 32-12-12.3 — SD Code / Title 32 / Chapter 12 / Section 32-12-12.3
Upgrading restricted minor's permit by mail or electronically
Status: in_force

Any person holding a restricted minor's permit pursuant to § 32-12-12 or a motorcycle restricted minor's permit pursuant to § 32-12-12.1 may upgrade to an operator's license or motorcycle operator's license by mail or electronically unless the person has been convicted of a traffic violation. The holder shall mail to the Department of Public Safety or pay electronically the appropriate fee pursuant to § 32-12-16 . The eyesight test required by § 32-12-4 is waived if upgrading pursuant to the provisions of this section.

Source: SL 2010, ch 160, § 1; SL 2014, ch 148, § 3.
S.D. Codified Laws § 32-5-120 — SD Code / Title 32 / Chapter 5 / Section 32-5-120
Special firefighter or advanced life support personnel plates--Surrender upon discharge, separation, or retirement--Exception
Status: in_force

If an advanced life support personnel or emergency medical technician is discharged or retires, or a firefighter is discharged or retires with less than ten years of service, the firefighter, advanced life support personnel, or emergency medical technician must surrender the special number plates identifying the person as a firefighter, advanced life support personnel, or emergency medical technician. The special plates must be surrendered to the secretary, who shall make the necessary changes in the registration file. A firefighter may retain the special number plates if the plates are removed from the vehicle and the secretary is made aware that the firefighter is replacing the plates. The firefighter, advanced life support personnel, or emergency medical technician shall then obtain regular number plates.

Source: SL 1989, ch 261, § 8; SL 2004, ch 17, § 66; SL 2007, ch 173, § 43, eff. July 1, 2008; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2024, ch 109, § 5, eff. Mar. 1, 2025; SL 2024, ch 110, § 4, eff. Mar. 1, 2025.
S.D. Codified Laws § 32-22-42.9 — SD Code / Title 32 / Chapter 22 / Section 32-22-42.9
Haystack movers--Enforcement actions for minor weight violation prohibited--Fine on excess only
Status: in_force

A tractor towed or truckmounted haystack mover is not subject to enforcement actions for exceeding the legal limits in § 32-22-16 or 32-22-21 by five percent or less except on the interstate highway system. If enforcement action is taken, the fine or penalty applies only to that portion of the load more than five percent above the legal limit.

Source: SL 1983, ch 247, § 7; SL 1987, ch 235, § 2; SL 1993, ch 235, § 4.
S.D. Codified Laws § 32-30-6.1 — SD Code / Title 32 / Chapter 30 / Section 32-30-6.1
Places where stopping prohibited--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 stop, stand or park a vehicle:

(1) On the roadway side of any vehicle stopped or parked at the edge or curb of a street;

(2) On a sidewalk;

(3) Within an intersection;

(4) On a crosswalk;

(5) Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;

(6) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;

(7) Upon any bridge or other elevated structure upon a highway or with a highway tunnel;

(8) On any railroad tracks;

(9) At any place where official signs prohibit stopping.

A violation of this section is a petty offense.

Source: SL 1970, ch 175, § 31, § 1; SL 1989, ch 255, § 210.
S.D. Codified Laws § 32-9-58 — SD Code / Title 32 / Chapter 9 / Section 32-9-58
Registration and permit required to move certain vehicles between job sites--Fee
Status: in_force

Before any motor vehicle, trailer, semitrailer, motor propelled, or trailed vehicle chassis defined in subdivision 32-9-3(7) is moved between job sites or from one job site to a central location, the owner shall register the unit pursuant to § 32-9-3.3 and purchase a five dollar permit for the movement of the vehicle or equipment on the roads and highways or register the vehicle or equipment pursuant to § 32-5-6.3 , 32-5-8 , or 32-5-8.1 . The owner shall purchase the permit from an agent, patrol officer, motor carrier enforcement officer, or motor carrier inspector of the Department of Public Safety. The permit shall be prescribed by the secretary of revenue and the permit fees shall be deposited credited to the local government highway and bridge fund created pursuant to § 32-11-34 .

Source: SL 2001, ch 164, § 4; SL 2004, ch 17, § 119; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-5-198 — SD Code / Title 32 / Chapter 5 / Section 32-5-198
Habitat conservation specialty plates--Emblem use--Violation as misdemeanor
Status: in_force

No emblems other than a habitat conservation emblem may be used on the habitat conservation specialty plate. The habitat conservation emblem may not be affixed to any other emblem specialty plate. Misuse of the habitat conservation emblems or use of unauthorized emblems or stickers on the habitat conservation emblem specialty plate is a Class 2 misdemeanor.

Source: SL 2024, ch 113, § 5, eff. Mar. 1, 2025.
S.D. Codified Laws § 32-18-5 — SD Code / Title 32 / Chapter 18 / Section 32-18-5
Multiaxle trucks and truck tractors exempt from all-wheel requirement
Status: in_force

Any truck and truck tractor having three or more axles need not have brakes on the front wheels if the vehicle was manufactured before July 25, 1980. If any truck and truck tractor having three or more axles is equipped with at least two steerable axles, the wheels of one steerable axle need not have brakes. However, such trucks and truck tractors shall be capable of complying with the performance requirements of §§ 32-18-8 and 32-18-9 .

Source: SL 1967, ch 197, § 1 (c) (3); SL 1968, ch 178, § 3; SL 1989, ch 256, § 15.
S.D. Codified Laws § 32-6E-1 — SD Code / Title 32 / Chapter 6E / Section 32-6E-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Community," the franchisee's area of responsibility as stipulated in the franchise. A community has a minimum radius of ten miles around an existing dealership;

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

(3) "Franchise," a written agreement or contract between a franchisor and a franchisee which fixes the legal rights and liabilities of the parties to such agreement or contract;

(4) "Franchisee," any person who receives snowmobiles from a franchisor under a franchise and who offers and sells the snowmobiles to the general public;

(5) "Franchisor," any person engaged in the manufacturing or distribution of snowmobiles including any person who acts for the franchisor;

(6) "Manufacturer," any person who manufactures or assembles snowmobiles and who issues the original or first manufacturer's statement of origin. The term, manufacturer, includes a central or principal sales corporation through which it distributes its products to franchised dealers;

(7) "Snowmobile 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 used snowmobiles, or who is engaged wholly or in part in the business of selling new or used snowmobiles.

Source: SL 1994, ch 248, § 1; SL 2004, ch 17, § 96; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-12A-14.1 — SD Code / Title 32 / Chapter 12A / Section 32-12A-14.1
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 a commercial learner's permit or commercial driver license, present to the examiner at least two documents containing the applicant's name and address of principal residence as defined in § 32-12-1 in order to establish the applicant's address of principal residence.

Source: SL 2009, ch 154, § 12, eff. Dec. 31, 2009; SL 2015, ch 168, § 14.
S.D. Codified Laws § 32-23-3 — SD Code / Title 32 / Chapter 23 / Section 32-23-3
Punishment for second offense--Revocation of driving privilege--Jail sentence for driving while privilege revoked--Limited driving privilege
Status: in_force

If conviction for a violation of § 32-23-1 is for a second offense, the person is guilty of a Class 1 misdemeanor, and the court must revoke the person's driver license for a period of not less than one year. Upon the successful completion of a court-approved chemical dependency program, and proof of financial responsibility pursuant to § 32-35-113 , the court may permit the person to drive for the purposes of employment, 24/7 sobriety testing, attendance at school, child care delivery or pickup, health appointments, attendance at court or probation appointments, or attendance at counseling programs, treatment, or aftercare. If the person is convicted of driving without a license during that period, the court must sentence the person to the county jail for not less than three days, which sentence may not be suspended.

Source: SL 1953, ch 246, § 1; SDC Supp 1960, § 44.9922 (2); SL 1973, ch 195, § 6; SL 1977, ch 189, § 113; SL 1982, ch 247, § 1; SL 1994, ch 261, § 1; SL 2006, ch 168, § 6; SL 2008, ch 161, § 2, eff. Feb. 27, 2008; SL 2022, ch 99, § 2; SL 2024, ch 120, § 2.
S.D. Codified Laws § 32-5-4.2 — SD Code / Title 32 / Chapter 5 / Section 32-5-4.2
Forwarding of nonnegotiable interstate title to department with application
Status: in_force

The county treasurer shall forward each nonnegotiable interstate title to the department with the application for registration. The department shall determine that such certificate was valid at the time of application for registration.

Source: SL 1969, ch 179; SL 1988, ch 236, § 12.
S.D. Codified Laws § 32-6B-73 — SD Code / Title 32 / Chapter 6B / Section 32-6B-73
Notification of decision to transfer, assign, or sell franchise agreement or dealership--Notification as application for approval
Status: in_force

In order to transfer, assign, or sell a franchise agreement or controlling interest in the dealership to another person, a dealer shall notify the manufacturer or franchisor whose vehicles the dealer is franchised to sell of the dealer's decision to transfer, assign, or sell the dealership. The notification shall be by certified mail, return receipt requested, and is the application by the dealer for approval by the manufacturer or franchisor of the transfer.

Source: SL 2000, ch 150, § 1.
S.D. Codified Laws § 32-37-1.3 — SD Code / Title 32 / Chapter 37 / Section 32-37-1.3
Passengers between ages fourteen and eighteen required to wear seat belts
Status: in_force

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

Source: SL 2001, ch 179, § 3.
S.D. Codified Laws § 32-11-29 — SD Code / Title 32 / Chapter 11 / Section 32-11-29
Amounts credited to state motor vehicle fund--Funds for motorcycle safety education
Status: in_force

The following fees:

(1) Fees collected under §§ 32-3-57 , 32-5-99 , 32-5-111 , and 32-7A-14.1 ;

(2) The two percent of motor vehicle license collections referred to in § 32-11-4.1 ; and

(3) The title fees collected under § 32-3-27 ;

Source: SL 1953, ch 250, § 1; SL 1955, ch 188; SDC Supp 1960, § 44.0215; SL 1977, ch 249, § 55; SL 1982, ch 227, § 6; SL 1984, ch 30, § 51; SL 1985, ch 238, § 6; SL 1987, ch 225, § 2; SL 2016, ch 47, § 15.
S.D. Codified Laws § 32-5B-12 — SD Code / Title 32 / Chapter 5B / Section 32-5B-12
Proration of tax on proportionally registered vehicles
Status: in_force

If a motor vehicle is licensed and registered pursuant to chapter 32-10 , the excise tax imposed by § 32-5B-1 shall be prorated in accordance with the formula established in the International Registration Plan as amended as of January 1, 2021. Such motor vehicles and trailer units are exempt from a percentage of the excise tax, equal to the percentage of total fleet miles driven outside of this state. The mileage period used to calculate the exempt percentage shall be the same as used by the International Registration Plan for purposes of apportionally registering the vehicles. To qualify for this exemption, the registrant shall maintain all records required to be kept by the International Registration Plan. The records shall be maintained for a period of time equal to that required by the International Registration Plan for audit purposes to insure that the proper amount of tax was paid.

Source: SL 1978, ch 225, § 1; SDCL Supp, § 32-5-32.1 ; SL 1985, ch 241, § 16; SL 1989, ch 257, § 109; SL 1993, ch 219, § 9; SL 2021, ch 125, § 7.
S.D. Codified Laws § 32-13-1 — SD Code / Title 32 / Chapter 13 / Section 32-13-1
Governor to administer program in accordance with Federal Highway Safety Act
Status: in_force

The Governor shall administer the highway safety program within this state and authorize, direct, and coordinate existing and future activities of agencies of this state and its political subdivisions in the program. The Governor shall do all things necessary to the administration of the program under the Federal Highway Safety Act of 1966, Public Law 89-564, as amended and in effect on July 1, 1984.

Source: SL 1967, ch 120, § 1; SL 1984, ch 12, § 20; SL 2023, ch 3, § 36.
S.D. Codified Laws § 32-32-5.1 — SD Code / Title 32 / Chapter 32 / Section 32-32-5.1
Buses covered by lighting requirements--Deadline for meeting requirements
Status: in_force

The lighting requirements provided by § 32-32-5 shall apply to all school buses, regardless of the date of manufacture of said bus, purchased after July 1, 1974, and all school buses covered by the provisions of this chapter shall meet such requirements by July 1, 1979.

Source: SL 1974, ch 228, § 3.
S.D. Codified Laws § 32-7B-20 — SD Code / Title 32 / Chapter 7B / Section 32-7B-20
Promulgation of rules--Administration by local officials
Status: in_force

The secretary of revenue may adopt rules pursuant to chapter 1-26 as may be necessary to ensure and obtain uniformity in the issuance, design, and use of dealer licenses, the inspection of dealers, and the use of dealer plates, demonstration permits, and temporary licenses as provided by 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: SL 1998, ch 185, § 20; SL 2004, ch 17, § 106; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-5-16.2 — SD Code / Title 32 / Chapter 5 / Section 32-5-16.2
Division of receipts from mobile home or manufactured home license fees
Status: in_force

Eleven and one-fourth percent of the four percent initial registration fee prescribed by § 32-5-16.1 shall be deposited in the state motor vehicle fund to defray costs of titling, registration, and for unusual use of the highway. Sixty-three and three-fourths percent shall be distributed to the county highway and bridge fund in the county where the mobile or manufactured home is registered. The remaining twenty-five percent shall be distributed to the state general fund.

Source: SL 1970, ch 169, § 2; SL 1971, ch 183, § 1; SL 2005, ch 71, § 4.
S.D. Codified Laws § 32-5-166 — SD Code / Title 32 / Chapter 5 / Section 32-5-166
Duplicate military specialty plates upon loss, mutilation, or destruction
Status: in_force

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

Source: SL 2014, ch 142, § 13.
S.D. Codified Laws § 32-12A-11.5 — SD Code / Title 32 / Chapter 12A / Section 32-12A-11.5
English language proficiency--Traffic offense or accident--Testing by law enforcement--Penalty
Status: in_force

If the holder of a commercial driver license or commercial learner's permit is issued a citation for a traffic offense, or is involved in a traffic accident, a law enforcement officer, except an officer acting under the authority of § 32-2-7 , must determine whether the driver has sufficient English language proficiency to operate a commercial vehicle in this state.

If a law enforcement officer authorized under § 32-2-7 determines the driver is unable to respond to official inquiries in English proficiently, the officer may cite the driver for a violation of the English proficiency requirement contained in 49 C.F.R. § 391.11 (January 1, 2026), and place the driver out of service.

The offense of operating a commercial motor vehicle in this state without sufficient English language proficiency is:

(1) A Class 2 misdemeanor for a first offense; and

(2) A Class 1 misdemeanor for a second or subsequent offense.

Source: SL 2026, ch 134, § 6.
S.D. Codified Laws § 32-12A-12.1 — SD Code / Title 32 / Chapter 12A / Section 32-12A-12.1
Passenger, school bus, and tanker endorsements on commercial learner's permits
Status: in_force

A commercial learner's permit holder is not eligible to take the skills test in the first fourteen days after initial issuance of the permit. A commercial learner's permit may only be issued with passenger, school bus, or tanker endorsements. No other commercial endorsement is allowed on a commercial learner's permit. A commercial learner's permit holder with a passenger (P) or school bus (S) endorsement shall have a restriction for no passengers (P) in a commercial motor vehicle. No commercial learner's permit holder may operate a commercial motor vehicle carrying passengers other than federal and state auditors and inspectors, test examiners, other trainees, and the commercial driver license holder accompanying the commercial learner's permit holder. A commercial learner's permit holder with a tank vehicle (N) endorsement shall have a no cargo restriction (X) in a commercial motor vehicle tank vehicle. A commercial learner's permit holder may only operate an empty tank vehicle and may not operate any tank vehicle that previously contained hazardous materials that has not been purged of any residue.

Source: SL 2015, ch 168, § 11.
S.D. Codified Laws § 32-7B-25 — SD Code / Title 32 / Chapter 7B / Section 32-7B-25
Temporary permits for special events--Time limitation--Fee
Status: in_force

Any out-of-state boat dealer may display or sell boats and trailers at an event, if the event lasts two or more days and if the person registers with and purchases a permit from the Department of Revenue at least five days before the event. The person shall pay a fee of two hundred dollars for a ten-day temporary permit. In order to qualify as an event, the event shall be an organized, sponsored event with no less than three licensed boat dealers displaying boats.

Source: SL 1998, ch 185, § 25; SL 2004, ch 17, § 107; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-12A-36 — SD Code / Title 32 / Chapter 12A / Section 32-12A-36
Persons disqualified from driving commercial motor vehicle for period of not less than one year or not less than three years
Status: in_force

Any person is disqualified from driving a commercial motor vehicle for a period of not less than one year:

(1) If convicted of a first violation of driving or being in actual physical control of a commercial or noncommercial motor vehicle while under the influence of alcohol, or any controlled drug or substance, in violation of § 32-23-1 ;

(2) If convicted of a first violation of driving or being in actual physical control of a commercial motor vehicle while there is 0.04 percent or more by weight of alcohol in that person's blood as shown by chemical analysis of that person's breath, blood, or other bodily substance, in violation of § 32-12A-44 ;

(3) If convicted of a first violation of leaving the scene of an accident while operating a commercial or noncommercial motor vehicle, in violation of § 32-34-5 or 32-34-6 ;

(4) If convicted of a first violation of using a commercial or noncommercial motor vehicle in the commission of any felony other than a felony described in § 32-12A-38 ; or

(5) For refusing to submit to a chemical analysis for purposes of determining the amount of alcohol or drugs in that person's blood or other bodily substance while driving a commercial or noncommercial motor vehicle in violation of § 32-12A-43 or 32-12A-46 ;

(6) If convicted of a first violation of operating a commercial motor vehicle while the person's commercial driver license is revoked, suspended, or canceled or the person is disqualified from operating a commercial motor vehicle in violation of § 32-12A-8 . 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; or

(7) If convicted of a first violation of causing a fatality through the negligent operation of a commercial motor vehicle.

If any of these violations or refusal occurred while transporting hazardous material required to be placarded, the person is disqualified for a period of not less than three years.

Source: SL 1989, ch 267, § 23; SL 1991, ch 252, § 11; SL 1992, ch 220, § 6; SL 1995, ch 181; SDCL § 32-12-104 ; SL 2001, ch 171, §§ 95, 115; SL 2004, ch 213, § 4; SL 2005, ch 167, § 19; SL 2016, ch 166, § 2; SL 2019, ch 133, § 1.
S.D. Codified Laws § 32-20-9.3 — SD Code / Title 32 / Chapter 20 / Section 32-20-9.3
Motorcycle operation between lanes prohibited--Violation as misdemeanor
Status: in_force

No person may operate a motorcycle between adjacent lanes of traffic, or between adjacent lines or rows of vehicles. A violation of this section is a Class 2 misdemeanor.

Source: SL 1970, ch 176, § 1, § 7; SL 1989, ch 255, § 102.
S.D. Codified Laws § 32-18-11 — SD Code / Title 32 / Chapter 18 / Section 32-18-11
Towing vehicles with air brakes--Application of trailer brakes--Automatic application--Manual application--Violation as misdemeanor
Status: in_force

Every towing vehicle, when used to tow another vehicle equipped with air controlled brakes, in other than driveaway or towaway operations, shall be equipped with two means for emergency application of the trailer brakes. One of these means shall apply the brakes automatically in the event of a reduction of the towing vehicle air supply to a fixed pressure which may not be lower than twenty pounds per square inch nor higher than forty - five pounds per square inch. The other means shall be a manually controlled device for applying and releasing the brakes, readily operable by a person seated in the driving seat, and its emergency position or method of operation shall be clearly indicated. In no instance may the manual means be so arranged as to permit its use to prevent operation of the automatic means. The automatic and the manual means required by this section may be, but are not required to be, separate. A violation of this section is a Class 2 misdemeanor.

Source: SL 1967, ch 197, § 1 (g) (1); SL 1989, ch 255, § 74.
S.D. Codified Laws § 32-23-8 — SD Code / Title 32 / Chapter 23 / Section 32-23-8
Other evidence on being under the influence of alcoholic beverage
Status: in_force

The provisions of § 32-23-7 may not be construed as limiting the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of an alcoholic beverage.

Source: SL 1949, ch 42, § 2; SDC Supp 1960, § 44.0302-1 (4); SL 1965, ch 191; SL 2006, ch 168, § 14.
S.D. Codified Laws § 32-35-70 — SD Code / Title 32 / Chapter 35 / Section 32-35-70
Conditions of owner's policy--Coverage and amount--Filing and form requirements--Date of compliance
Status: in_force

An owner's policy of liability insurance referred to in § 32-35-68 shall insure the person named therein and any other person as insured, using any insured vehicle or vehicles with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of the vehicle or vehicles within the United States of America or the Dominion of Canada, subject to limits exclusive of interests and costs, with respect to each insured vehicle, as follows: twenty - five thousand dollars because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, fifty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and twenty - five thousand dollars because of injury to or destruction of property of others in any one accident. If the policy complies with the filing and form requirements of Title 58 and has been approved by the Division of Insurance, the driver and owner has complied with this chapter. The policy may exclude liability coverage if the policyholder certifies in writing that the vehicle will not be operated during the policy period. The policy may exclude or limit coverage pursuant to § 58-11-9.3 , or for a relative residing in the named insured's household. Policies issued after January 1, 1987, and owners who have purchased such policies are in compliance with this chapter. Date of compliance does not affect any pending litigation.

Source: SL 1957, ch 212, § 51; SDC Supp 1960, § 44.03A51 (2) (b); SL 1970, ch 186; SL 1985, ch 266, § 3; SL 1989, ch 279, § 1; SL 1992, ch 232; SL 1992, ch 233, § 1.
S.D. Codified Laws § 32-12-22 — SD Code / Title 32 / Chapter 12 / Section 32-12-22
Prohibition against driving without license--Misdemeanor
Status: in_force

No person, except those expressly exempted in §§ 32-12-22.1 to 32-12-28 , inclusive, may drive any motor vehicle upon a highway in this state unless the person has a valid driver license under the provisions of this chapter. Any person convicted for a violation of this section is guilty of a Class 2 misdemeanor.

Source: SL 1953, ch 249, § 1; SL 1955, ch 187, § 1; SL 1959, ch 261, § 1; SDC Supp 1960, § 44.03B01 (1); SL 1976, ch 191; SL 2001, ch 171, § 26.
S.D. Codified Laws § 32-18-21 — SD Code / Title 32 / Chapter 18 / Section 32-18-21
Multiaxle trucks equipped with vacuum assistor brakes--Vacuum reservoir--Violation as misdemeanor
Status: in_force

Every truck with three or more axles equipped with vacuum assistor type brakes and every truck tractor and truck used for towing a vehicle equipped with vacuum brakes shall be equipped with a reserve capacity or a vacuum reservoir sufficient to ensure that, with the reserve capacity or reservoir fully charged and with the engine stopped, a full service brake application may be made without depleting the vacuum supply by more than forty percent. A violation of this section is a Class 2 misdemeanor.

Source: SL 1967, ch 197, § 1 (i) (2); SL 1989, ch 255, § 81.
S.D. Codified Laws § 32-20A-10 — SD Code / Title 32 / Chapter 20A / Section 32-20A-10
Lights required during darkness--Violation as misdemeanor
Status: in_force

Any snowmobile on a highway, operated during hours of darkness, shall display a lighted headlamp and tail lamp in accordance with chapter 32-17 as may have been approved by the Department of Public Safety at least equivalent to that required for motorcycles. A violation of this section is a Class 2 misdemeanor.

Source: SL 1971, ch 182, § 11; SL 1989, ch 255, § 113; SL 2003, ch 272, § 121.
S.D. Codified Laws § 32-36-4.1 — SD Code / Title 32 / Chapter 36 / Section 32-36-4.1
Removal of abandoned vehicles from private property without written permission prohibited
Status: in_force

No removal agency may remove abandoned motor vehicles from private property without the written permission of the landowner or tenant. A violation of this section is a Class 2 misdemeanor.

Source: SL 1987, ch 245, § 2A; SL 1990, ch 158, § 3.
S.D. Codified Laws § 32-6B-20 — SD Code / Title 32 / Chapter 6B / Section 32-6B-20
Books, records, and files to be kept--Inspection
Status: in_force

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

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

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

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

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

Source: SL 1986, ch 250, § 21; SL 1996, ch 196; SL 2005, ch 159, § 1; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-5-25 — SD Code / Title 32 / Chapter 5 / Section 32-5-25
Dealer's license fee
Status: in_force

Except as otherwise provided in § 32-5-27 , dealers in motor vehicles who have paid the dealers' license fee and complied with chapter 32-6B may not be required to pay the registration fee provided in §§ 32-5-5 to 32-5-9 , inclusive.

Source: SDC 1939, § 44.0108 (7); SL 1973, ch 198; SL 1977, ch 249, § 57; SL 1989, ch 257, § 60.
S.D. Codified Laws § 32-28-16 — SD Code / Title 32 / Chapter 28 / Section 32-28-16
Exceptions to application of the provisions of §32-28-15
Status: in_force

The provisions of § 32-28-15 do not apply to any authorized emergency response employee who is using the system pursuant to such employment at a time when an emergency exists and there is a threat of immediate danger to life or property that reasonably requires the use of the system in order to protect the public peace or safety. Moreover, the provisions of § 32-28-15 do not apply to any person who is performing any authorized inspection, maintenance, or repair work on the system.

Source: SL 2004, ch 219, § 2.
S.D. Codified Laws § 32-35-53 — SD Code / Title 32 / Chapter 35 / Section 32-35-53
Suspension not required for government vehicles
Status: in_force

The provisions of § 32-35-52 shall not apply with respect to any such judgment arising out of an accident caused by the ownership or operation, with permission, of a vehicle owned or leased to the United States, this state, or any political subdivision of this state or a municipality thereof.

Source: SL 1957, ch 212, § 38; SDC Supp 1960, § 44.03A38.
S.D. Codified Laws § 32-35-85 — SD Code / Title 32 / Chapter 35 / Section 32-35-85
Recordation procedure--Fee for recordation--Disposition of fee
Status: in_force

The provisions of chapter 43-28 shall apply to the recording of a notice pursuant to § 32-35-84 except that such notice may be recorded without acknowledgment or further proof of execution. Such notices shall be recorded in the set of books in which mortgages are required to be recorded. The fee for such recording shall be paid to the Department of Public Safety before such bond shall be accepted by the department for filing with it, and the department shall transmit such fee to the register of deeds who shall record such notice.

Source: SL 1957, ch 212, § 55; SDC Supp 1960, § 44.03A55; SL 2004, ch 17, § 170.
S.D. Codified Laws § 32-12-52.4 — SD Code / Title 32 / Chapter 12 / Section 32-12-52.4
Suspension for certain alcohol-related offenses by a minor
Status: in_force

Upon a first conviction or a first adjudication as a child in need of supervision for a violation of § 35-9-2 while in a vehicle, the court shall suspend the driver license or driving privilege of the driver, if the driver was under the age of twenty-one when the offense occurred, for a period of thirty days.

Upon a second conviction or a second adjudication as a child in need of supervision for a violation of § 35-9-2 while in a vehicle, the court shall suspend the driver license or driving privilege of the driver, if the driver was under the age of twenty-one when the offense occurred, for a period of one hundred eighty days.

Upon a third or subsequent conviction or a third or subsequent adjudication as a child in need of supervision for a violation of § 35-9-2 while in a vehicle, the court shall suspend the driver license or driving privilege of the driver, if the driver was under the age of twenty-one when the offense occurred, for a period of one year. For any offense under this section, the court may issue an order, upon proof of financial responsibility pursuant to § 32-35-43.1 , permitting the person to operate a vehicle for purposes of the person's employment, attendance at school, or attendance at counseling programs.

Notwithstanding the provisions of chapters 26-7A , 26-8A , 26-8B , and 26-8C , the Unified Judicial System shall notify the Department of Public Safety of any conviction or adjudication for a violation, while in a vehicle, of § 35-9-2 or chapter 32-23 . The period of suspension shall begin on the date ordered by the court or on the date specified in the notice from the department, whichever date is earlier. At the expiration of the period of suspension, a person may make application to have the license reinstated and pay the license fee as prescribed in § 32-12-47.1 .

Source: SL 1990, ch 250, § 1; SL 1991, ch 252, § 22; SL 1991, ch 255; SL 1992, ch 217, § 2; SL 1994, ch 219, § 7; SL 1994, ch 253; SL 1994, ch 255, § 4; SL 1996, ch 179, § 4; SL 2001, ch 171, § 53; SL 2001, ch 173, § 2; SL 2001, ch 174, § 1; SL 2003, ch 149, § 11; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2006, ch 165, § 2; SL 2017, ch 135, § 4.
S.D. Codified Laws § 32-14-18 — SD Code / Title 32 / Chapter 14 / Section 32-14-18
Multi-passenger quadricycle--Operation
Status: in_force

Unless otherwise allowed by a municipality, a multi-passenger quadricycle may not be operated on any bicycle path or multi-use path.

Source: SL 2024, ch 118, § 2.
S.D. Codified Laws § 32-11-6 — SD Code / Title 32 / Chapter 11 / Section 32-11-6
Apportionment of funds among townships according to number of miles of maintained roads--Distribution and payment
Status: in_force

The amount set aside to the various unorganized and organized civil townships pursuant to §§ 10-47B-149.1 , 32-10-35 , 32-11-4.1 , and 32-11-35 shall be apportioned among the townships according to the number of miles of maintained township roads within the townships, including roads designated as minimum maintenance pursuant to § 31-13-1.1 . The county treasurer shall distribute the money to each organized township within the county within thirty days of apportionment. However, an organized township may request in writing that the money remain in the custody of the county treasurer and shall be paid out only on warrants issued by the county auditor in payment of claims for the construction, reconstruction, or maintenance of roads and highways within the township highway system.

Source: SDC 1939, § 44.0118 (3) (a); SL 1939, ch 170; SL 1949, ch 163, § 2; SL 1993, ch 229, § 1; SL 1994, ch 251, § 1; SL 2011, ch 61, § 4; SL 2012, ch 166, § 1.
S.D. Codified Laws § 32-7A-1 — SD Code / Title 32 / Chapter 7A / Section 32-7A-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Auxiliary lot," a physically separate location, such as a mobile home park, manufactured housing rental community, manufactured housing subdivision, or any residential lot, where a licensed dealer displays manufactured homes or mobile homes.

(2) "Dealer," any person, other than a manufacturer of a mobile home or a manufactured home, who, for a commission or with the intent to make a profit or gain, sells, exchanges, rents with option to purchase, offers or attempts to negotiate a sale, or makes an exchange of a mobile or manufactured home or who is engaged in the business of selling mobile or manufactured homes;

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

(4) "Manufactured home," a structure, transportable in one or more sections, which is eight feet or more in width or forty feet or more in length in the traveling mode, or is three hundred twenty or more square feet when erected on a site; which 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 which contains in it the plumbing, heating, air conditioning and electrical systems. The term includes any structure which has been certified by the secretary of housing and urban development as having complied with the National Manufactured Housing Construction and Safety Standards Act of 1974 as amended and in effect on January 1, 1984;

(5) "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;

(6) "Supplemental lot," a physically separate location owned and maintained by a licensed dealer within the same county as the principal place of business;

(7) "Temporary supplemental lot," a location other than the principal place of business or supplemental lot where a licensed dealer may conduct business for a period of time not to exceed ten consecutive days for a specific purpose such as fairs, auctions, shopping center promotions or tent sales. Such temporary supplemental lots shall meet all local zoning and building codes for the type of business being conducted.

Source: SL 1984, ch 223, § 1; SL 1986, ch 251, § 1; SL 1998, ch 183, § 1; SL 2004, ch 17, § 97; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011; SL 2014, ch 137, § 3.
S.D. Codified Laws § 32-35-2 — SD Code / Title 32 / Chapter 35 / Section 32-35-2
Proof of financial responsibility for the future defined
Status: in_force

The term, proof of financial responsibility for the future, as used in this chapter means proof of ability to respond in damages for liability, on account of accidents occurring after the effective date of the proof, arising out of the ownership, maintenance, or use of a vehicle of a type subject to registration under the laws of this state, in the amount of twenty - five thousand dollars because of bodily injury to or death of one person in any one accident, and, subject to the limit for one person, in the amount of fifty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and in the amount of twenty - five thousand dollars because of injury to or destruction of property of others in any one accident. Wherever used in this chapter the terms, proof of financial responsibility, or, proof, are synonymous with the term, proof of financial responsibility for the future.

Source: SL 1953, ch 251, § 1; SL 1957, ch 212, § 1; SDC Supp 1960, § 44.03A01 (12); SL 1970, ch 182; SL 1985, ch 266, § 1.
S.D. Codified Laws § 32-6B-70 — SD Code / Title 32 / Chapter 6B / Section 32-6B-70
License required for certain activities--Violation as misdemeanor--Additional violations as felony
Status: in_force

No sell - it - yourself lot operator may engage in the following business activities concerning any vehicle on a sell - it - yourself lot premises, unless licensed in accordance with the provisions of this chapter:

(1) Sell, offer to sell, or negotiate the sale of any vehicle;

(2) Buy, offer to buy, or negotiate the purchase of any vehicle;

(3) Make any comments about the appearance, condition, or reputation of any vehicle;

(4) Communicate the name, address, or phone number of the owner of any vehicle to a potential customer. However, the vehicle and ownership information can be provided to a potential customer by means of a sign or information sheet placed in or on the vehicle by its owner;

(5) Advertise any of the following:

(a) The price, mileage, or the condition of a vehicle; or

(b) The name or the telephone number of a vehicle's owner;

(6) Authorize the test drive of any vehicle;

(7) Take possession of the keys of a vehicle for any purpose; or

(8) Sell, offer to sell, or facilitate the sale of any financing package or warranty package for any vehicle on the sell - it - yourself lot.

A sell - it - yourself lot operator who engages in a business activity prohibited by this section without being licensed in accordance with chapter 32-6B is guilty of a Class 1 misdemeanor. A second or subsequent conviction for a violation by a sell - it - yourself lot operator who engages in a business activity prohibited by this section without being licensed in accordance with chapter 32-6B is guilty of a Class 6 felony.

Source: SL 1998, ch 181, § 1.
S.D. Codified Laws § 32-23-4.4 — SD Code / Title 32 / Chapter 23 / Section 32-23-4.4
Separate trial on charge of former conviction
Status: in_force

On a finding of guilty on the first part of the information described in § 32-23-4.2 a plea shall be taken and, if necessary, an election made on the second part and a trial thereon proceeded with, and until such time no information as to the second part of the information may be divulged to the jury. If the accused elects a jury trial in the second part of the information, such trial may be had to the same or another jury as the court may direct.

Source: SL 1979, ch 159, § 4C; SL 2006, ch 168, § 9.
S.D. Codified Laws § 32-5B-18 — SD Code / Title 32 / Chapter 5B / Section 32-5B-18
"Siblings" defined
Status: in_force

For the purposes of this chapter, "siblings" include any individuals who are brother and sister by blood, marriage, or adoption.

Source: SL 1986, ch 242, § 22.
S.D. Codified Laws § 32-41-8 — SD Code / Title 32 / Chapter 41 / Section 32-41-8
Human driver--Motor vehicle with an automated driving system--Fully autonomous vehicle
Status: in_force

A person may operate a motor vehicle equipped with an automated driving system capable of performing the dynamic driving task if:

(1) Whenever the automated driving system is not capable of performing the entire dynamic driving task, the automated driving system will achieve a minimal risk condition or issue a request to intervene to the person;

(2) The person will respond to the request to intervene from the automated driving system; and

(3) The automated driving system is capable of being operated in compliance with all applicable traffic and motor vehicle safety laws and regulations of this state.

Nothing in this chapter prohibits a human driver from operating a fully autonomous vehicle equipped with controls that allow the human driver to control all or part of the dynamic driving task.

Source: SL 2024, ch 122, § 8.
S.D. Codified Laws § 32-30-14 — SD Code / Title 32 / Chapter 30 / Section 32-30-14
Vehicles blocking traffic--Wrecked vehicles
Status: in_force

A vehicle found attended or unattended upon a bridge, causeway, in any tunnel, or on the traveled portion of any roadway where the vehicle constitutes an obstruction and hazard to traffic or a vehicle which appears to have sustained reportable accident damage may be removed at any time and without regard to the provisions of § 32-30-1 , 32-30-2 , or 32-30-12 .

Source: SL 1967, ch 211, § 2; SL 1989, ch 256, § 29.
S.D. Codified Laws § 32-12A-50 — SD Code / Title 32 / Chapter 12A / Section 32-12A-50
Operation with valid out-of-state commercial learner's permit or driver license--Full faith and credit of out-of-state conviction
Status: in_force

Notwithstanding any law to the contrary, a person may drive a commercial motor vehicle in this state if the person has a valid commercial learner's permit or commercial driver license issued by any state or province or territory of Canada or if the person has a valid licencia federal de conductor (federal license of driver) issued by Mexico in accordance with the minimum federal standards for the issuance of commercial motor vehicle driving licenses, if the person is not suspended, revoked, or cancelled, and if the person is not disqualified from driving a commercial motor vehicle, or subject to an out-of-service order. The department shall give any out-of-state conviction full faith and credit and treat it, for sanctioning purposes under this chapter, as if it had occurred in this state.

Source: SL 1989, ch 267, § 29; SDCL § 32-12-115; SL 2001, ch 171, §§ 103, 115; SL 2005, ch 167, § 28, eff. Sept. 30, 2005; SL 2007, ch 182, § 11; SL 2015, ch 168, § 35.
S.D. Codified Laws § 32-5-160 — SD Code / Title 32 / Chapter 5 / Section 32-5-160
Certain military specialty plates not subject to annual registration fees--Maximum sets--Permissible vehicles
Status: in_force

Notwithstanding § 32-5-159 or any other contrary provisions of §§ 32-5-154 to 32-5-166 , inclusive, each veteran receiving the disabled veteran, Prisoner of War, Pearl Harbor survivor, or Purple Heart military specialty plates shall pay a ten dollar fee for the initial issuance of the military specialty plate and an annual fee of ten dollars for renewal decals, but is not subject to the annual registration fees assessed pursuant to § 32-5-6 or 32-5-9 .

Notwithstanding § 32-5-159 or any other contrary provisions of §§ 32-5-154 to 32-5-166 , inclusive, each veteran receiving the Medal of Honor plate may not be assessed annual registration fees, pursuant to § 32-5-6 or 32-5-9 , or any other fees associated with the military specialty plate or renewal decals.

Each veteran receiving a disabled veteran, Prisoner of War, Pearl Harbor survivor, Purple Heart, or Medal of Honor military specialty plate may get a maximum of two sets of the applied for military specialty plate. The plates may be placed on any automobile, pickup truck, or van licensed pursuant to § 32-5-6 or a motorcycle licensed pursuant to § 32-5-9 . The veteran may choose to place one of the two sets of military specialty plates on a noncommercial pickup truck, which weighs more than six thousand pounds, licensed pursuant to § 32-5-6.3 , or a motor home licensed pursuant to § 32-5-6.1 , but shall pay the regular annual registration fees pursuant to those sections.

Notwithstanding § 32-5-159 , an applicant for a tribal veteran plate shall pay a fee in accordance with § 32-5-124 , with the fee distributed pursuant to § 32-5-124 .

Source: SL 2014, ch 142, § 7; SL 2017, ch 130, § 3.
S.D. Codified Laws § 32-5B-15 — SD Code / Title 32 / Chapter 5B / Section 32-5B-15
Rules authorized
Status: in_force

The secretary of revenue may promulgate rules pursuant to chapter 1-26 concerning:

(1) Which motor vehicles are subject to tax;

(2) The actual value and purchase price of motor vehicles subject to tax;

(3) The supporting documents required to be furnished to verify actual value or purchase price; and

(4) The application of the tax and exemptions.

Source: SL 1985, ch 241, § 10; SL 1987, ch 82, § 48; SL 2004, ch 17, § 83; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-5-23 — SD Code / Title 32 / Chapter 5 / Section 32-5-23
Destruction of licensed vehicle or failure of vehicle to pass inspection--Removal of plates--Credit--Replacement of plates
Status: in_force

If a registered and licensed motor vehicle is destroyed by collision or fire, disposed of for salvage, or if rejected or condemned for use on the highways as the result of action by any inspection authority of this state, the registered owner of the current license plates thereon may remove the license plates and attach the plates to a newly acquired vehicle. Credit for the remaining months on the registration shall be given. If the plates were destroyed, the owner shall apply for a replacement set of plates for a fee of ten dollars.

Source: SL 1967, ch 210, § 1; SL 1989, ch 257, § 58; SL 2007, ch 173, § 10.
S.D. Codified Laws § 32-32-11 — SD Code / Title 32 / Chapter 32 / Section 32-32-11
Lien not applicable to vehicle leased or used without owner's consent--Subordination to security interests
Status: in_force

The lien imposed by § 32-32-10 shall not apply to vehicles which at the time of the violation are leased, loaned, or being used without the owner's permission and the lien shall be subordinate to a perfected security interest or lien registered on the title at the time of the violation.

Source: SL 1979, ch 228, § 4.
S.D. Codified Laws § 32-6D-1 — SD Code / Title 32 / Chapter 6D / Section 32-6D-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Consumer," the purchaser, other than for purposes of resale, of a new or previously untitled motor vehicle used in substantial part for personal, family, or household purposes, who is entitled by the terms of the warranty to enforce the obligations of the warranty;

(2) "Express warranty," a written warranty, so labeled, issued by the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under that warranty;

(3) "Lemon law rights period," the period ending one year after the date of the original delivery of a motor vehicle to a consumer or the first twelve thousand miles of operation, whichever first occurs;

(4) "Manufacturer," the person, firm, corporation, or limited liability company engaged in the business of manufacturing, importing, or distributing motor vehicles to be made available to a motor vehicle dealer for retail sale;

(5) "Motor vehicle," any vehicle intended primarily for use and operation on the public highway that is self-propelled. The term also includes any all-terrain vehicle with four or more wheels and with a combustion engine having a piston or rotor displacement of two hundred cubic centimeters or more. The term does not include any electric bicycle as defined in § 32-20B-9 , a multi-passenger quadricycle as defined in § 32-14-17 , or any motor home or any motor vehicle having a manufacturer's gross vehicle weight rating of fifteen thousand pounds or more;

(6) "Motor vehicle dealer" or "authorized dealer," any person operating under a dealer agreement from a manufacturer and licensed pursuant to chapter 32-6B ;

(7) "Nonconforming condition," any condition of a motor vehicle that is not in conformity with the terms of any express warranty issued by the manufacturer to a consumer and that significantly impairs the use, value, or safety of the motor vehicle and occurs or arises solely in the course of the ordinary use of the motor vehicle, and that does not arise or occur as a result of abuse, neglect, modification, or alteration of the motor vehicle not authorized by the manufacturer, nor from any accident or other damage to the motor vehicle which occurs or arises after the motor vehicle was delivered by an authorized dealer to the consumer; and

(8) "Notice of a nonconforming condition," a written statement delivered to the manufacturer and that describes the motor vehicle, the nonconforming condition, and all previous attempts to correct the nonconforming condition by identifying the person who made the attempt and the time the attempt was made.

Source: SL 1993, ch 227, § 1; SL 2014, ch 139, § 7; SL 2015, ch 164, § 1; SL 2019, ch 132, § 1; SL 2019, ch 135, § 11; SL 2024, ch 118, § 7.
S.D. Codified Laws § 32-30-19 — SD Code / Title 32 / Chapter 30 / Section 32-30-19
Police to move vehicle to place of safety--When required
Status: in_force

Any police officer may remove or cause to be removed to the nearest garage or other place of safety any vehicle found upon a highway when a report has been made that the vehicle has been stolen or taken without the consent of its owner, when the person or persons in charge of the vehicle are unable to provide for its custody or removal, or when the person driving or in control of the vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before a judge or magistrate without unnecessary delay.

Source: SL 1970, ch 175, § 31, § 4; SL 1984, ch 12, § 30.
S.D. Codified Laws § 32-3-3.1 — SD Code / Title 32 / Chapter 3 / Section 32-3-3.1
Initial registration and titling of mobile and manufactured homes--Time for registration--Penalty--Violation as misdemeanor
Status: in_force

Any new mobile home, new manufactured home, or mobile home or manufactured home which has not been registered in this state shall, upon its sale, be initially registered and titled pursuant to this chapter, and the initial registration fee provided in § 32-5-16.1 shall be collected. If the mobile home or manufactured home is sold by a dealer, the licensed dealer shall deliver to the county treasurer the manufacturer's statement of origin, the manufacturer's certificate of origin, or the title for the mobile home or manufactured home, together with the required fees and completed forms necessary to accomplish the initial registration within forty-five days of the sale. For mobile homes or manufactured homes not sold by a licensed dealer, the purchaser shall register and title the mobile home or manufactured home within forty-five days. Any dealer or purchaser who does not comply with this section is subject to a late penalty fee of one dollar for each week or fraction of the week beyond the forty-five day limitation for twenty-five weeks and a late fee of fifty dollars for twenty-six weeks or more. Any person applying for title a year or more beyond the forty-five day limitation is guilty of a Class 2 misdemeanor.

Source: SL 1973, ch 196; SL 1988, ch 237, § 1; SL 1989, ch 257, § 6; SL 2016, ch 154, § 4.
S.D. Codified Laws § 32-5A-7 — SD Code / Title 32 / Chapter 5A / Section 32-5A-7
Prorated tax if licensed for less than twelve months
Status: in_force

If a motor vehicle is licensed for a period of time of less than twelve months, any wheel tax imposed on such motor vehicle pursuant to this chapter shall be prorated on a monthly basis.

Source: SL 1994, ch 244, § 4.
S.D. Codified Laws § 32-14-19 — SD Code / Title 32 / Chapter 14 / Section 32-14-19
Multi-passenger quadricycle--Proof of financial responsibility
Status: in_force

An owner of a multi-passenger quadricycle must maintain financial responsibility as required by subdivisions 32-35-113 (1) and (4).

Source: SL 2024, ch 118, § 3.
S.D. Codified Laws § 32-5-119 — SD Code / Title 32 / Chapter 5 / Section 32-5-119
Failure to apply for firefighters or advanced life support personnel plates
Status: in_force

A failure on the part of a firefighter, advanced life support personnel, or emergency medical technician to make application to the Department of Revenue for the special number plates as provided in § 32-5-116 will result in the applicant being required to accept regular number plates for the applicant's motor vehicle.

Source: SL 1989, ch 261, § 7; SL 2004, ch 17, § 65; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2024, ch 109, § 4, eff. Mar. 1, 2025.
S.D. Codified Laws § 32-5-84.1 — SD Code / Title 32 / Chapter 5 / Section 32-5-84.1
Composition of stickers
Status: in_force

The number stickers authorized by § 32-5-82 shall be of reflective, durable, and adhesive material bearing the abbreviated name of the state, the abbreviated name of the month, and the number of the year.

Source: SL 1975, ch 198, § 7; SL 1987, ch 215, § 11.
S.D. Codified Laws § 32-12-49.2 — SD Code / Title 32 / Chapter 12 / Section 32-12-49.2
Point accumulation subjecting license or permit to suspension
Status: in_force

Any motor vehicle operator is subject to driver license or driving privilege suspension who, in accordance with the schedule provided in § 32-12-49.1 , has been convicted of traffic violations resulting in the accumulation of fifteen points within any twelve consecutive months, or twenty - two points within any twenty - four consecutive months.

Source: SL 1979, ch 219, § 3; SL 2001, ch 171, § 49.
S.D. Codified Laws § 32-20B-7 — SD Code / Title 32 / Chapter 20B / Section 32-20B-7
Racing in approved event authorized--Approval of Transportation Commission or local authorities
Status: in_force

A person may race a bicycle on a highway when competing in a racing event that has been approved by the Transportation Commission or local authorities on a highway under their jurisdictions. Approval of a bicycle highway racing event may be granted only under conditions that assure reasonable safety for all race participants, spectators, and other highway users, and prevent unreasonable interference with traffic flow, which would seriously inconvenience other highway users. Tests of endurance are not considered bicycle racing.

Source: SL 1982, ch 226, § 5; SL 2025, ch 129, § 10.
S.D. Codified Laws § 32-5-29 — SD Code / Title 32 / Chapter 5 / Section 32-5-29
Sales of vehicles prima facie evidence that seller is used car dealer--Particular parties excepted--Violations--Misdemeanor
Status: in_force

Proof that a person, firm, partnership, limited liability company, association, trust, or corporation has engaged in the sale of five or more used motor vehicles in the course of one period of twelve consecutive months is prima facie evidence that such person, firm, partnership, limited liability company, association, trust, or corporation is a used car or secondhand car dealer and obliged as such to comply with § 32-5-27 , provided that this does not apply to owners of fleets of motor vehicles, banks, savings and loan associations, finance company, bus, truck, taxicab operators, and others, when reselling vehicles acquired by them in the regular course of their principal business, and not acquired to resell at a profit. Any person violating the provisions of this section is guilty of a Class 2 misdemeanor.

Source: SL 1955, ch 195, §§ 1, 2; SDC Supp 1960, §§ 44.0705, 44.9940; SL 1981, ch 312, § 4; SL 1994, ch 351, § 53.
S.D. Codified Laws § 32-5-199 — SD Code / Title 32 / Chapter 5 / Section 32-5-199
Habitat conservation specialty plates--Transfer or replacement
Status: in_force

Habitat conservation specialty plates must be transferred and replaced in the same manner as emblem specialty plates pursuant to §§ 32-5-171 to 32-5-173 , inclusive.

Source: SL 2024, ch 113, § 6, eff. Mar. 1, 2025.
S.D. Codified Laws § 32-20A-15.1 — SD Code / Title 32 / Chapter 20A / Section 32-20A-15.1
Temporary permits
Status: in_force

Any owner of an unlicensed snowmobile shall purchase a temporary permit to operate the snowmobile in this state. The fee for the permit is forty dollars. The permit is valid for five consecutive days. All fees collected shall be deposited in the snowmobiles trails fund established by § 32-5-9.2 .

Source: SL 1982, ch 242, § 1; SL 1999, ch 210, § 12; SL 2007, ch 183, § 1.
S.D. Codified Laws § 32-15-32 — SD Code / Title 32 / Chapter 15 / Section 32-15-32
Door levers, handles, and devices of egress--Hood latches
Status: in_force

Door levers, handles, and other suitable devices, installed on motor vehicles by the original vehicle manufacturer as original equipment, and actuated from the inside of the vehicle as a means of egress, shall be maintained and kept in an operable condition. Both the primary and secondary latches, installed on motor vehicles by the original vehicle manufacturer as original equipment, which are used to secure the vehicle front opening compartment hood in a closed position shall be maintained and kept in an operable condition.

A motor vehicle that has been modified so that previously available means of egress from seating accommodations are no longer available shall be equipped with another means of egress from such seating accommodations using a mechanically actuated door latch which firmly and automatically secures the door when pushed closed and which allows the door providing this new means of egress to be opened from the inside by the actuation of a convenient lever, handle, or other suitable device.

Source: SL 1978, ch 228, § 5; SL 1981, ch 13, § 7; SL 1994, ch 258.
S.D. Codified Laws § 32-28-10 — SD Code / Title 32 / Chapter 28 / Section 32-28-10
Other traffic control devices--Directions by police officer--Violation as misdemeanor
Status: in_force

The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer, and subject to the exceptions granted the driver of an authorized emergency vehicle in § 32-26-15 . A violation of this section is a Class 2 misdemeanor.

Source: SL 1963, ch 274, § 1; SL 1989, ch 255, § 192.
S.D. Codified Laws § 32-12-75.1 — SD Code / Title 32 / Chapter 12 / Section 32-12-75.1
False representation or nondisclosure to obtain license or nondriver identification card as misdemeanor--Suspension or disqualification of license
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 driver license or a nondriver identification card is guilty of a Class 1 misdemeanor and is subject to a minimum sixty - day suspension of that person's driver license and privileges. Each false statement or representation, or failure to disclose a material fact, constitutes a separate offense.

Source: SL 1983, ch 239, § 2; SL 1988, ch 255; SL 1991, ch 252, § 6; SL 2001, ch 171, § 69.
S.D. Codified Laws § 32-35-100 — SD Code / Title 32 / Chapter 35 / Section 32-35-100
Forms necessary for purposes of chapter
Status: in_force

The Department of Public Safety shall prescribe and provide suitable forms that are required or deemed necessary to administer the driver licensing and financial responsibility functions of this chapter. The Department of Revenue shall prescribe and provide suitable forms that are required or deemed necessary to administer the vehicle registration and license plate functions of this chapter.

Source: SL 1957, ch 212, § 2; SDC Supp 1960, § 44.03A02; SL 2004, ch 17, § 180; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-20-8 — SD Code / Title 32 / Chapter 20 / Section 32-20-8
Permitting other person to operate rented motorcycle--Violation as petty offense
Status: in_force

No renter or loanee as provided in § 32-20-7 may permit any other person to operate such motorcycle. A violation of this section is a petty offense.

Source: SL 1967, ch 215, § 8; SL 1989, ch 255, § 108.
S.D. Codified Laws § 32-6B-86 — SD Code / Title 32 / Chapter 6B / Section 32-6B-86
Applicability of SL 2010, ch 156 amendments
Status: in_force

The provisions of this chapter as amended on March 9, 2010 apply to each vehicle dealer in any written or oral vehicle dealership agreement existing between a dealer and a manufacturer or distributor on March 9, 2010 which has no expiration date and to any subsequent written or oral vehicle dealership agreement entered into, amended, or renewed between a vehicle dealer and a manufacturer or distributor.

Source: SL 2010, ch 156, § 19, eff. Mar. 9, 2010.
S.D. Codified Laws § 32-7B-17.3 — SD Code / Title 32 / Chapter 7B / Section 32-7B-17.3
Finality of cease and desist order
Status: in_force

A cease and desist order pursuant to § 32-7B-17.1 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, § 33.
S.D. Codified Laws § 32-35-43.1 — SD Code / Title 32 / Chapter 35 / Section 32-35-43.1
Renewal of privileges only upon proof of financial responsibility for future
Status: in_force

The suspension or revocation of driving privileges required for a violation of §§ 22-16-41 , 32-23-1 , 32-24-3 , 32-35-113 , and 32-35-120 shall remain in effect and the Department of Public Safety may not issue to the person any renewal of driving privileges until the person gives and thereafter maintains proof of financial responsibility for the future.

Source: SL 1989, ch 265, § 37; SL 2004, ch 17, § 151.
S.D. Codified Laws § 32-17-4.1 — SD Code / Title 32 / Chapter 17 / Section 32-17-4.1
Circumstances exempting law enforcement officers from use of motor vehicle lights
Status: in_force

The requirements of § 32-17-4 do not apply to a law enforcement officer, as defined in § 23-3-27 , while operating a motor vehicle owned, leased, or otherwise the property of the state or a political subdivision, in the performance of the officer's law enforcement duties if the officer's conduct is reasonable, and if the officer reasonably believes that operating the vehicle without lights is necessary under the circumstances to investigate a criminal violation or suspected criminal violation of state laws or rules, court orders, or municipal or county laws, ordinances, or regulations. A law enforcement officer may not operate a motor vehicle without lights under this section:

(1) At speeds greater than what is reasonable and prudent under existing weather, road, and traffic conditions;

(2) In situations in which the officer is an active participant in pursuing a motor vehicle; or

(3) Contrary to written policies or procedures established by the law enforcement officer's employer.

Source: SL 1997, ch 192, § 1.
S.D. Codified Laws § 32-20B-14 — SD Code / Title 32 / Chapter 20B / Section 32-20B-14
Helmet requirement for Class III electric bicycle
Status: in_force

Any person who is less than eighteen years of age and operating a Class III electric bicycle and any person who is a passenger on a Class III electric bicycle, regardless of age, shall wear a properly fitted and fastened bicycle helmet.

Source: SL 2019, ch 135, § 6.
S.D. Codified Laws § 32-5A-1 — SD Code / Title 32 / Chapter 5A / Section 32-5A-1
Wheel tax rate--Maximum vehicle tax
Status: in_force

Each county may, by ordinance, impose a wheel tax on all motor vehicles, as defined in § 32-3-1 , registered in the county at a rate not to exceed five dollars per vehicle wheel. The tax shall be administered and collected by the county. The total vehicle tax may not exceed sixty dollars per vehicle.

Source: SL 1985, ch 248, § 1; SL 1994, ch 244, § 1; SL 2015, ch 165, § 25, eff. Apr. 1, 2015.
S.D. Codified Laws § 32-35-94 — SD Code / Title 32 / Chapter 35 / Section 32-35-94
Additional security when previous proof becomes inadequate--Suspension of license pending filing additional proof
Status: in_force

Whenever any proof of financial responsibility filed under the provisions of this chapter no longer fulfills the purposes for which required, the Department of Public Safety shall, for the purpose of this chapter, require other proof as required by this chapter and shall suspend the license and registration pending the filing of such other proof.

Source: SL 1957, ch 212, § 61; SDC Supp 1960, § 44.03A61; SL 2003, ch 272, § 23.
S.D. Codified Laws § 32-30-12.2 — SD Code / Title 32 / Chapter 30 / Section 32-30-12.2
Abandonment of motor vehicle on public highway or right-of-way a misdemeanor--Reasonable towing and storage fees--Suspension of fine
Status: in_force

No person may abandon a motor vehicle on any public highway or right-of-way. A violation of this section is a Class 2 misdemeanor. Any person convicted of abandoning a motor vehicle shall be ordered to pay any reasonable towing and storage fees, if the person was notified pursuant to § 32-36-8 . The court shall suspend the fine if the person pays for the towing and storage expenses.

Source: SL 2003, ch 174, § 2; SL 2005, ch 174, § 1.
S.D. Codified Laws § 32-5-6.1 — SD Code / Title 32 / Chapter 5 / Section 32-5-6.1
Schedule of fees for noncommercial motor homes
Status: in_force

License fees for any noncommercial motor home shall be determined by the manufacturer's shipping weight, including accessories, as follows:

(1) Six thousand pounds or less, inclusive, one hundred eight dollars;

(2) From 6,001 to 8,000 pounds, inclusive, one hundred forty-four dollars;

(3) From 8,001 to 10,000 pounds, inclusive, one hundred eighty dollars; and

(4) For each additional 2,000 pounds or major fraction thereof, in excess of 10,000 pounds, thirty-six dollars.

For the purposes of this section, a motor home is a vehicle designed to provide temporary living quarters for recreational, camping, or travel use, built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van that is an integral part of the completed vehicle.

Source: SL 1979, ch 207, §§ 1, 2; SL 1991, ch 239, § 4; SL 1999, ch 59, § 3; SL 2011, ch 139, § 3; SL 2011, ch 139, § 13, eff. July 1, 2013; SL 2015, ch 165, § 14, eff. Apr. 1, 2015.
S.D. Codified Laws § 32-12-65 — SD Code / Title 32 / Chapter 12 / Section 32-12-65
Driving while license is revoked, suspended, or canceled--Misdemeanors
Status: in_force

Any person who drives a motor vehicle on any public highway of this state at a time when his privilege is:

(1) Revoked is guilty of a Class 1 misdemeanor;

(2) Suspended is guilty of a Class 2 misdemeanor;

(3) Canceled is guilty of a Class 2 misdemeanor.

Source: SL 1959, ch 261, § 29; SDC Supp 1960, § 44.9950 (1); SL 1988, ch 254, § 4.
S.D. Codified Laws § 32-20B-5 — SD Code / Title 32 / Chapter 20B / Section 32-20B-5
Operation on roadway--Riding close to right-hand curb required--Violation as misdemeanor
Status: in_force

Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right - hand curb or edge of the roadway. However, a person operating a bicycle may move from the right - hand curb or edge of the roadway to overtake and pass another bicycle or vehicle proceeding in the same direction, to prepare for a left turn at an intersection or into a private road or roadway or to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to continue along the right - hand curb or edge. For purposes of this section, a "substandard width lane" is a lane that is too narrow for a bicycle and vehicle to travel safely side by side within the lane. A violation of this section is a Class 2 misdemeanor.

Source: SL 1982, ch 226, § 8.
S.D. Codified Laws § 32-17-4 — SD Code / Title 32 / Chapter 17 / Section 32-17-4
Periods during which lamps must be lighted--Violation as misdemeanor
Status: in_force

Each motor vehicle on a highway during the period from sunset to sunrise and at any other time when there is not sufficient light to render clearly discernible any person on the highway at a distance of two hundred feet ahead, shall be equipped with lighted front and rear lamps for the different classes of motor vehicles as respectively required in §§ 32-17-1 to 32-17-26 , inclusive. If a motor vehicle is parked or stopped on a highway, such motor vehicle shall be equipped with lighted front and rear lamps as required in § 32-17-27 . A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0352 (1); SL 1989, ch 255, § 58; SL 2018, ch 193, § 1.
S.D. Codified Laws § 32-35-124 — SD Code / Title 32 / Chapter 35 / Section 32-35-124
Public entities exempted from requirement to show mandatory financial responsibility
Status: in_force

The provisions of §§ 32-35-113 to 32-35-122 , inclusive, do not apply to vehicles owned by the federal government, the state, or any public entity of this state.

Source: SL 1987, ch 244, § 1; SL 1989, ch 265, § 35.
S.D. Codified Laws § 32-3-6 — SD Code / Title 32 / Chapter 3 / Section 32-3-6
Ownership passing by operation of law--Burden of proof
Status: in_force

If the ownership of any motor vehicle, trailer, or semitrailer passes by operation of law, judicial sale, repossession, or proceedings or in any other manner not provided for in this chapter, the owner may, upon furnishing satisfactory proof to the department of such ownership, procure a certificate of title to the motor vehicle, trailer, or semitrailer regardless of whether a certificate of title has ever been issued. The burden of such satisfactory proof shall be on the applicant.

Source: SDC 1939, § 44.0203 (2) as added by SL 1951, ch 229, § 3; SL 1965, ch 186, § 3; SL 1989, ch 257, § 10.
S.D. Codified Laws § 32-12A-37 — SD Code / Title 32 / Chapter 12A / Section 32-12A-37
Disqualification for life for multiple violations of32-12A-36--Reduction
Status: in_force

Any person is disqualified for life for the commission of two or more violations of any of the subdivisions specified in § 32-12A-36 , or any combination of those subdivisions, arising from two or more separate incidents. The department may adopt rules, pursuant to chapter 1-26 , under which a disqualification for life under this section may be reduced to a period of not less than ten years.

Source: SL 1989, ch 267, § 23A; SL 1992, ch 220, § 7; SDCL § 32-12-105; SL 2001, ch 171, § 115.
S.D. Codified Laws § 32-15-34 — SD Code / Title 32 / Chapter 15 / Section 32-15-34
Operating vehicle with disconnected odometer as misdemeanor
Status: in_force

No person shall operate a motor vehicle on the highways of this state with the odometer of the vehicle disconnected. A person violating this section is guilty of a Class 2 misdemeanor.

Source: SL 1978, ch 222, § 3.
S.D. Codified Laws § 32-35-55 — SD Code / Title 32 / Chapter 35 / Section 32-35-55
Suspension not required when insurer is liable--Failure of insurer to pay
Status: in_force

No license, registration, or nonresident's operating privilege of any person shall be suspended under the provisions of this chapter if the Department of Public Safety shall find that an insurer was obligated to pay the judgment upon which suspension is based, at least to the extent and for the amounts required in this chapter, but has not paid such judgment for any reason. A finding by the department that an insurer is obligated to pay a judgment shall not be binding upon such insurer and shall have no legal effect whatever except for the purpose of administering this section.

Source: SL 1957, ch 212, § 40; SDC Supp 1960, § 44.03A40; SL 2004, ch 17, § 160.
S.D. Codified Laws § 32-7A-18 — SD Code / Title 32 / Chapter 7A / Section 32-7A-18
Appointment of dealer inspectors--Entry--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 251, § 15.
S.D. Codified Laws § 32-3-83 — SD Code / Title 32 / Chapter 3 / Section 32-3-83
Transfer on death--Ineligible if encumbered--Certificate not issued
Status: in_force

An owner of property may not designate a beneficiary, pursuant to § 32-3-80 , if the property is subject to any lien or other encumbrance.

The department may not issue a certificate of title reflecting the transfer of ownership, pursuant to § 32-3-81 , if the property is subject to any lien or other encumbrance.

Source: SL 2025, ch 116, § 4.
S.D. Codified Laws § 32-12A-22.1 — SD Code / Title 32 / Chapter 12A / Section 32-12A-22.1
Exemption from hazardous materials endorsement for certain persons with Class A combination vehicle license
Status: in_force

A person with a commercial driver license that has a Class A combination vehicle classification is not required to obtain a hazardous materials endorsement pursuant to this chapter if the person is:

(1) Acting within the scope of the person's employment as an employee of a custom harvester operation; and

(2) Operating a service vehicle that is transporting diesel fuel in quantity of one thousand gallons or less and that is clearly marked with a flammable or combustible placard.

Source: SL 2017, ch 136, § 1.
S.D. Codified Laws § 32-6B-3.2 — SD Code / Title 32 / Chapter 6B / Section 32-6B-3.2
Odometer reading required for consignment or auction--Violation a misdemeanor
Status: in_force

Before a South Dakota titled vehicle may be sold by a consignee or at a public auction pursuant to § 32-6B-3 , the consignee or auctioneer shall have in possession an odometer reading certified by the owner of the motor vehicle and a South Dakota title for the motor vehicle. A violation of this section is a Class 2 misdemeanor.

Source: SL 1997, ch 182, § 13; SL 2015, ch 157, § 20.
S.D. Codified Laws § 32-12A-26 — SD Code / Title 32 / Chapter 12A / Section 32-12A-26
Notification of suspension or revocation of learner's permit or driver license bearing school bus endorsement
Status: in_force

If a person's commercial learner's permit or commercial driver license bearing a school bus endorsement is suspended or revoked pursuant to this chapter, the Department of Public Safety shall, upon the suspension or revocation, notify the Department of Education. The Department of Education shall notify the school district or school bus contracting company for which the person is employed of the suspension or revocation. The notification may be done by first class mail.

Source: SL 2001, ch 176, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), §§ 23, 63; SL 2015, ch 168, § 24.
S.D. Codified Laws § 32-12A-20 — SD Code / Title 32 / Chapter 12A / Section 32-12A-20
Form and contents of commercial driver license
Status: in_force

The commercial driver license shall be marked, Commercial Driver License, shall be, to the maximum extent practicable, tamper proof, and shall include the following information:

(1) The full legal name, address of principal residence, and mailing address of the licensee;

(2) A full facial digital photograph of the licensee;

(3) A distinguishing number assigned to the licensee;

(4) A physical description of the licensee, including sex, height, weight, and eye color;

(5) Date of birth;

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

(7) The licensee's signature;

(8) The class of commercial motor vehicle or vehicles which the licensee is authorized to operate, including any endorsements or restrictions;

(9) The name of this state;

(10) The dates between which the commercial driver license is valid;

(11) A barcode on the back of the license containing the name of this state, the information printed on the license, and the card design revision date indicating the most recent change or modification to the visible format of the card;

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

(13) An indication if the licensee is a veteran pursuant to the provisions of § 32-12A-20.2 .

Source: SL 1989, ch 267, § 15; SDCL § 32-12-95; SL 2001, ch 171, §§ 87, 115; SL 2005, ch 166, § 3; SL 2009, ch 154, § 13, eff. Dec. 31, 2009; SL 2012, ch 167, § 4; SL 2015, ch 168, § 16.
S.D. Codified Laws § 32-5-6.3 — SD Code / Title 32 / Chapter 5 / Section 32-5-6.3
Schedule of fees for noncommercial vehicles other than automobiles, pickup trucks, or vans--Misdemeanor
Status: in_force

License fees on a noncommercial motor vehicle which is not an automobile, pickup truck, or van licensed pursuant to § 32-5-6 shall be determined by the gross weight of the motor vehicle as defined by subdivision 32-9-1(6), and based on the following:

(1) Eight thousand pounds or less, inclusive, one hundred twenty dollars;

(2) For each additional 2,000 pounds or major fraction thereof from 8,001 to 20,000 pounds, inclusive, twelve dollars; and

(3) For a vehicle in excess of 20,000 pounds, from July 1, 2015, to June 30, 2016, inclusive, the total license fee shall be seventy percent of the total license fee established for commercial vehicles of equivalent weight pursuant to § 32-9-15 . On and after July 1, 2016, the total license fee shall be eighty percent of the total license fee established for commercial vehicles of equivalent weight pursuant to § 32-9-15 .

It is a Class 2 misdemeanor for a person to operate a motor vehicle licensed pursuant to this section at a gross weight in excess of the gross weight for which it has been licensed. If the owner chooses to lower the registered weight, the plate shall be returned along with any validation decal and a new plate issued with the correct registered weight.

Notwithstanding the provisions of § 32-11-4.1 , all funds collected pursuant to this section shall be distributed as follows:

(1) One and three-fourths percent shall be credited to the state motor vehicle fund;

(2) Two and one-half percent shall be credited to the state license plate special revenue fund;

(3) One-fourth of one percent shall be credited to the county treasurer fund to cover expenses for supplies such as toner, paper, etc.;

(4) Sixty-seven percent shall be credited to the county road and bridge fund;

(5) Twenty-three percent shall be placed in the special highway fund and shall be distributed to the townships in accordance with §§ 32-11-5 to 32-11-7 , inclusive; and

(6) Five and one-half percent shall be distributed to municipalities within the county in accordance with subdivision 32-11-4.1 (3).

Source: SL 1991, ch 239, § 3; SL 1999, ch 59, § 4; SL 2007, ch 173, § 9, eff. July 1, 2008; SL 2011, ch 139, § 2; SL 2011, ch 139, § 12, eff. July 1, 2013; SL 2015, ch 165, § 13, eff. Apr. 1, 2015; SL 2016, ch 155, § 1.
S.D. Codified Laws § 32-6B-20.3 — SD Code / Title 32 / Chapter 6B / Section 32-6B-20.3
Agreement that dealer will satisfy lien by paying lienholder--Trade of vehicle or consignment agreement--Theft
Status: in_force

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

Source: SL 2005, ch 159, § 4.
S.D. Codified Laws § 32-12-3.4 — SD Code / Title 32 / Chapter 12 / Section 32-12-3.4
Evidence of social security number or nonwork authorized status to be presented with application
Status: in_force

Any applicant under the provisions of this chapter who has been assigned a social security account number shall, on making initial 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 a Social Security Administration account number card. If a Social Security Administration account number card is not available, the applicant may present any of the following documents bearing the applicant's social security number:

(1) A W-2 form;

(2) A SSA-1099 form;

(3) A non-SSA-1099 form; or

(4) A pay stub with the applicant's name and social security number.

Any applicant lawfully present in a nonimmigrant status who does not present evidence of a social security account number shall present to the examiner documentation which demonstrates a nonwork authorized status.

Unless the applicant has been assigned a new number by the Social Security Administration, the department may not require documentation of an applicant's social security number if the applicant currently holds a driver license or nondriver identification card that meets the requirements of 6 C.F.R. 37 as amended January 1, 2015.

Source: SL 2009, ch 154, § 6, eff. Dec. 31, 2009; SL 2018, ch 190, § 1.
S.D. Codified Laws § 32-12-127 — SD Code / Title 32 / Chapter 12 / Section 32-12-127
Voter registration with license application
Status: in_force

An individual who registers as a voter when applying for a South Dakota driver license must be a resident of this state, as defined in § 12-1-4 .

Nothing prohibits an individual who does not meet the definition of a resident in § 12-1-4 from applying for a South Dakota driver license without applying to register as a voter.

Source: SL 2025, ch 125, § 1.
S.D. Codified Laws § 32-25-17 — SD Code / Title 32 / Chapter 25 / Section 32-25-17
Posting stop signs at intersections with increased maximum--Illumination of stop signs
Status: in_force

Local authorities shall place and maintain upon all through highways under their jurisdiction upon which the permissible speed is increased adequate signs giving notice of such special regulations. Local authorities shall also place and maintain upon each and every highway under their jurisdiction intersecting any said through highway, appropriate stop signs which shall be illuminated at night or so placed as to be illuminated by the headlights of an approaching vehicle.

Source: SDC 1939, § 44.0303; SL 1941, ch 187, § 1; SL 1955, ch 168; SL 1959, ch 251, § 1; SL 1980, ch 211, § 7.
S.D. Codified Laws § 32-5-97.1 — SD Code / Title 32 / Chapter 5 / Section 32-5-97.1
Farm vehicles--Decals
Status: in_force

Farmers or ranchers who own a motor vehicle as defined by § 32-3-1 used wholly and exclusively to carry their own supplies, farm equipment, and household goods to or from the owner's farm or ranch or used by the farmer or rancher to carry his or her own agricultural products, livestock, and produce to or from storage or market or used by farmers or ranchers in exchange of service in hauling of such supplies or agricultural products, livestock, and produce, may apply to the county treasurer for a decal with the word, farm, inscribed on the decal. The decal shall be placed on the license plate of the vehicle for which the application is made. The department shall prescribe the form and size of the decal and the manner of application. The department shall supply the decals to the county treasurer.

Source: SL 1972, ch 174, § 1; SL 1982, ch 18, § 17; SL 1985, ch 238, § 9; SL 1988, ch 124, § 3A; SL 1988, ch 236, § 18; SL 2013, ch 136, § 1.
S.D. Codified Laws § 32-6B-48 — SD Code / Title 32 / Chapter 6B / Section 32-6B-48
Factors in determining cause for establishing additional franchise for same line-make
Status: in_force

In determining whether cause is established for entering into an additional franchise for the same line - make, the department shall consider the existing circumstances, including, but not limited to:

(1) The amount of business transacted by existing franchisees of the same line - make in that community;

(2) Whether the franchisees of the same line - make in that community are making a good faith effort to sell the franchisor's product;

(3) Investment necessarily made and obligations incurred by existing franchisees of the same line - make in the community in the performance of their part of their franchises;

(4) The effect on the retail vehicle business as a whole in that community;

(5) The general quality and reputation of existing franchisees in the community and their ability to provide consumer care and service; and

(6) Whether it is injurious to the public interest for an additional franchise to be established.

Source: SL 1986, ch 250, § 49.
S.D. Codified Laws § 32-4-10.1 — SD Code / Title 32 / Chapter 4 / Section 32-4-10.1
Forfeiture of vehicle, trailer or component part--Return to lawful owner not precluded--Assignment of identification number
Status: in_force

Any motor vehicle, trailer, or component part described in § 32-4-10 is deemed contraband and no property right exists in it. If such motor vehicle, trailer, or component part comes into the custody of a law enforcement officer, it shall be forfeited under the procedure established in § § 34-20B-85 to 34-20B-87, inclusive. Nothing in this section precludes the return of such a motor vehicle, trailer, or component part to its lawful owner following presentation of satisfactory evidence of ownership and assignment of an identification number by the Department of Revenue under the provisions of § 32-3-22 .

Source: SL 1988, ch 239, § 2; SL 2004, ch 17, § 49; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-25-21 — SD Code / Title 32 / Chapter 25 / Section 32-25-21
Contents of complaint and summons for violation
Status: in_force

In every prosecution for violation of any of §§ 32-25-1.1 to 32-25-17 , inclusive, the complaint, and also the summons or notice to appear, shall specify the speed at which the defendant is alleged to have driven, and also the speed which such section declares shall be lawful at the time and place of such alleged violation.

Source: SDC 1939, § 44.0501.
S.D. Codified Laws § 32-6B-41.1 — SD Code / Title 32 / Chapter 6B / Section 32-6B-41.1
Cease and desist order for specified violations--Period of effectiveness
Status: in_force

In addition to any other remedy provided by law, the secretary of revenue may issue an order directing a vehicle dealer or public auction to cease and desist from engaging in any act or practice enumerated in § 32-6B-41. A cease and desist order issued pursuant to this section is effective for a period of two years.

Source: SL 2005, ch 162, § 1; SL 2008, ch 156, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2020, ch 139, § 1.
S.D. Codified Laws § 32-3-10 — SD Code / Title 32 / Chapter 3 / Section 32-3-10
Statement or certificate of origin as passing title--Waiver and estoppel inapplicable
Status: in_force

No person, except as provided in this chapter, obtaining or acquiring possession of a motor vehicle, trailer, or semitrailer acquires any right, title, claim, or interest in or to the motor vehicle, trailer, or semitrailer, until he has been issued a certificate of title to the motor vehicle, trailer, or semitrailer or has received a manufacturer's statement of origin or a manufacturer's certificate of origin for the same. No waiver or estoppel may be operated in favor of such person against a person having possession of the certificate of title or a manufacturer's statement of origin or a manufacturer's certificate of origin for such motor vehicle, trailer, or semitrailer.

Source: SDC 1939, § 44.0202 (4) as added by SL 1951, ch 229, § 2; SL 1965, ch 186, § 2; SL 1989, ch 257, § 12.
S.D. Codified Laws § 32-11-4.1 — SD Code / Title 32 / Chapter 11 / Section 32-11-4.1
Distribution of county license fund collections
Status: in_force

All funds collected for motor vehicle licenses in each county shall be distributed in the following manner:

(1) Fifty-four percent of all funds collected shall be transmitted to the secretary of revenue and credited to the local government highway and bridge fund;

(1A) Twenty-two and one-half percent shall be credited to the county road and bridge fund of the county in which they were collected;

(2) Fourteen percent shall be retained by the county and placed in a fund to be known as the special highway fund, which shall be used for the construction, reconstruction, and maintenance of roads and bridges in the county as provided by this section and §§ 32-11-5 to 32-11-9 , inclusive. If the county in which funds are collected for motor vehicle licenses has completed the construction of the county highway system, the entire amount in the special highway fund shall be used for township roads, and the board of county commissioners may direct the county auditor to pay the collected amount directly to the townships pursuant to §§ 32-11-6 and 32-11-7 ;

(3) Five percent shall be forwarded to the municipalities within the counties in the following proportions: each municipality within each county shall receive funds in the proportion which the total street mileage of each municipality bears to the total street mileage of all the municipalities within the county. The apportionment shall be made quarterly by the county commissioners at the first meeting in January, April, July, and October. In any county having no municipalities, the five percent collection shall be placed in the county road and bridge fund of the county;

(4) One and three-fourths percent shall be credited to the state motor vehicle fund; and

(5) One-fourth of one percent shall be credited to the county treasurer fund in the county in which the fees were collected to cover expenses for supplies such as toner, paper, etc.;

(6) Two and one-half percent shall be credited to the state license plate special revenue fund.

Source: SDC 1939, § 44.0118 (1); SL 1939, ch 170; SL 1949, ch 163, § 2; SL 1953, ch 226; SDCL § 32-11-4; SL 1977, ch 249, § 50; SL 1984, ch 30, § 45; SL 1985, ch 238, § 5; SL 1985, ch 252, § 4; SL 1987, ch 225, § 1; SL 1994, ch 251, § 2; SL 1999, ch 149, § 2; SL 2007, ch 173, § 14.
S.D. Codified Laws § 32-12A-60 — SD Code / Title 32 / Chapter 12A / Section 32-12A-60
Disqualification for second grade crossing conviction
Status: in_force

Any person is disqualified from driving a commercial motor vehicle for a period of one hundred twenty days if convicted during any three-year period, while driving a commercial motor vehicle, of a second conviction or any combination of convictions of § 32-29-4 , 32-29-5 , 32-29-7 , 32-29-8 , 32-29-9 , or 32-29-12 in separate incidents.

Source: SL 2002, ch 156, § 2; SL 2007, ch 182, § 16; SL 2013, ch 149, § 4.
S.D. Codified Laws § 32-1-5 — SD Code / Title 32 / Chapter 1 / Section 32-1-5
Bonded employees authorized to administer oaths--Fees prohibited
Status: in_force

Any bonded employee of the Department of Revenue shall have the power to administer oaths for the purpose of the administration of the motor vehicle laws of this state and for other purposes of departmental administration of motor vehicle functions, and shall have the general powers of a notary public in the administration of oaths, the attestation of documents and all other forms of notarial acts to be executed by persons in the administration of the motor vehicle laws of this state. No fee of any character shall be paid to any such employee for the performance of any notarial act herein authorized.

Source: SL 1963, ch 272; SL 2003, ch. 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 32-12-41 — SD Code / Title 32 / Chapter 12 / Section 32-12-41
Lost or destroyed license--Issuance of duplicate--Fee--Affidavit
Status: in_force

In the event that a license issued under the provisions of this chapter is lost or destroyed, the person to whom the same was issued may, upon payment of the required fee, obtain a duplicate, or substitute thereof, upon furnishing an affidavit to the Department of Public Safety that such license has been lost or destroyed.

Source: SL 1959, ch 261, § 13; SDC Supp 1960, § 44.03B13; SL 2003, ch 272, § 23.
S.D. Codified Laws § 32-5-2 — SD Code / Title 32 / Chapter 5 / Section 32-5-2
Application for registration--Contents--Failure to provide information--Penalty--Acceptance of incomplete or erroneous form prohibited
Status: in_force

Every owner, or with written authorization, any other person, as defined in § 2-14-2 , on behalf of and as the agent for the owner, of a motor vehicle, motorcycle, truck tractor, road tractor, trailer or semitrailer, or recreational vehicle or trailer operated or driven upon the public highways of this state, shall, except as otherwise expressly provided, present to the county treasurer of the owner's county, or, in case of a nonresident of this state, the treasurer of any county, application for the registration of that vehicle. The application form must be furnished by the department and contain at least the following information:

(1) The number of cylinders or the bore and stroke of each cylinder;

(2) The manufacturer's weight;

(3) Whether the vehicle operates on diesel fuel, liquified petroleum gas, gasoline, or any other special fuel;

(4) The make, model, body, year, color, and vehicle identification number of the vehicle;

(5) The odometer reading; and

(6) The purchase price and the name and address of the seller, buyer, and any lienholder.

Any person who fails to provide the above information to the county treasurer or the department is guilty of a Class 2 misdemeanor. The department or the county treasurer may not accept an incomplete application form or an application form that the department considers erroneous.

Source: SDC 1939, § 44.0102; SL 1949, ch 161; SL 1967, ch 181; SL 1983, ch 100, § 74; SL 1988, ch 236, § 10; SL 1989, ch 255, § 13; SL 1989, ch 257, § 51; SL 2000, ch 141, § 3; SL 2026, ch 19, § 9.
S.D. Codified Laws § 32-26-21.3 — SD Code / Title 32 / Chapter 26 / Section 32-26-21.3
Electric personal assistive devices exempt from provisions of certain chapters
Status: in_force

An electric personal assistive device is exempt from the provisions of chapters 32-3 , 32-5 , 32-5A , 32-5B , 32-6B , 32-15 , 32-17 , 32-18 , 32-20 , 32-37 , and 37-5 .

Source: SL 2002, ch 161, § 3.
S.D. Codified Laws § 32-12-43.2 — SD Code / Title 32 / Chapter 12 / Section 32-12-43.2
Promulgation of rules on renewal by mail or electronic renewal
Status: in_force

The secretary of the Department of Public Safety may promulgate rules, pursuant to chapter 1-26 , on medical and vision standards, presentment of documents, application deadlines, and fees relating to the renewal by mail or electronic renewal of an operator's license, motorcycle operator's license, or nondriver identification card under the provisions of this chapter.

Source: SL 2013, ch 143, § 3.
S.D. Codified Laws § 32-12-53 — SD Code / Title 32 / Chapter 12 / Section 32-12-53
Conviction defined
Status: in_force

For the purposes of this chapter the term, conviction, shall be deemed to include the judgment and sentence of the trial court, and shall be final unless reversed or set aside on appeal or judicial review. Also, for the purposes of this chapter a forfeiture of bail or collateral deposited to secure a defendant's appearance in court, which forfeiture has not been vacated, shall be equivalent to a conviction.

Source: SL 1959, ch 261, § 19; SDC Supp 1960, § 44.03B19 (3); SL 1961, ch 234.
S.D. Codified Laws § 32-6C-5.1 — SD Code / Title 32 / Chapter 6C / Section 32-6C-5.1
Sale on consignment--Contract required--Form
Status: in_force

Any snowmobile dealer or public auction may sell, or offer to sell, new or used snowmobiles on consignment. For the purposes of this chapter, consignment means the delivery of a snowmobile by the owner into the possession of another without transfer of title for the purpose of sale or where there is any condition that the purchaser does not have an absolute obligation to pay for the snowmobile or has a right to return the snowmobile to the seller. Any snowmobile dealer or public auction who sells, or offers to sell, a South Dakota titled snowmobile or a used snowmobile titled in a bordering state on consignment shall enter into a contract with the consignor. If the snowmobile owner's state does not issue titles for the consigned snowmobile, the owner must provide a current state registration and accompanying affidavit stating that their home state does not issue titles for the snowmobile 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. The department shall prescribe the form of the contract.

Source: SL 2005, ch 163, § 1; SL 2018, ch 184, § 4.
S.D. Codified Laws § 32-5-162 — SD Code / Title 32 / Chapter 5 / Section 32-5-162
Number and design of military specialty plates--Requirements
Status: in_force

Military specialty plates must be numbered and designed by the secretary, with the exception of the National Guard plate which must be designed by the adjutant general and approved by the secretary. The military specialty plates shall meet the following specific requirements:

(1) The National Guard plate must contain a symbol indicating that the owner is a current or retired member of the National Guard;

(2) The disabled veteran plate must consist of a white background bordered on the left by a blue field with white stars and on the right by alternating red and white stripes. The words Disabled Veteran, must be inscribed on the plate in blue, in at least ten point bold type;

(3) The veteran plate must designate the owner as a veteran. The plate may allow for additional indication of the conflict, rank, or status of the veteran;

(4) The active duty plate must designate the owner as currently serving on active duty. The plate may allow for additional indication of the conflict, rank, or status of the active duty member;

(5) The Prisoner of War plate must contain a symbol indicating that the owner was a prisoner of war;

(6) The Pearl Harbor survivor plate must contain a symbol indicating that the owner survived the attack at Pearl Harbor, Hawaii while serving on active duty;

(7) The Gold Star plate must contain a symbol indicating that the owner is a parent, spouse, sibling, or child of a member of the United States armed forces who died while serving this country on active duty or as a result of that service;

(8) The Purple Heart plate must contain a symbol indicating that the owner received the Purple Heart as a result of the owner's service;

(9) The Medal of Honor plate must contain a symbol indicating that the owner received the Medal of Honor, including a facsimile of the medallion portion corresponding to the branch of the United States armed forces for which the owner served when the medal was received, as a result of the owner's service;

(10) The Silver Star plate must contain a symbol indicating that the owner received the Silver Star as a result of the owner's service;

(11) The Distinguished Service Cross plate must contain a symbol indicating that the owner received the Distinguished Service Cross as a result of the owner's service;

(12) The Navy Cross plate must contain a symbol indicating that the owner received the Navy Cross as a result of the owner's service;

(13) The Air Force Cross plate must contain a symbol indicating that the owner received the Air Force Cross as a result of the owner's service;

(14) The Distinguished Flying Cross plate must contain a symbol indicating that the owner received the Distinguished Flying Cross as a result of the owner's service;

(15) The Bronze Star with Valor plate must contain a symbol indicating that the owner received the Bronze Star with Valor as a result of the owner's service;

(16) The Bronze Star plate must contain a symbol indicating that the owner received the Bronze Star as a result of the owner's service;

(17) The tribal veteran plate must be of the same design as provided in § 32-5-123 and must designate the owner as a veteran;

(18) The woman veteran plate must designate the owner as a woman and a veteran. The plate may allow for additional indication of the conflict, rank, or status of the veteran; and

(19) The Legion of Merit plate must contain a symbol indicating that the owner received the Legion of Merit as a result of the owner's service.

Source: SL 2014, ch 142, § 9; SL 2015, ch 161, § 2; SL 2017, ch 130, § 4; SL 2018, ch 181, § 3; SL 2024, ch 111, § 3, eff. Mar. 1, 2025.
S.D. Codified Laws § 32-9-12 — SD Code / Title 32 / Chapter 9 / Section 32-9-12
Forwarding applications to department
Status: in_force

The county treasurer shall, at the close of each day during which the office has been open to the public, mail to the department the applications under this chapter received and registered during the day.

Source: SDC 1939, § 44.0425; SL 1947, ch 195, § 2; SL 1949, ch 171; SL 1989, ch 264, § 8.
S.D. Codified Laws § 32-10-16 — SD Code / Title 32 / Chapter 10 / Section 32-10-16
Fee accompanying application--Computation of fee
Status: in_force

The application under § 32-10-15 for each fleet shall be accompanied by a total fee payment computed as follows:

(1) Divide in - state miles by fleet miles;

(2) Determine the total amount necessary to register every vehicle in the fleet for which registration is requested based on the regular annual registration fees prescribed by the South Dakota Codified Laws;

(3) Multiply the sum obtained under subdivision (2) by the fraction obtained under subdivision (1).

Source: SL 1961, ch 237, § 11 (2); SL 1977, ch 249, § 47.
S.D. Codified Laws § 32-5-4.1 — SD Code / Title 32 / Chapter 5 / Section 32-5-4.1
Nonresident registration application--Issuance of nonnegotiable interstate title--Purpose and duration--Violation as misdemeanor
Status: in_force

Any person who is an owner of a motor vehicle, motorcycle, truck tractor, road tractor, trailer, semitrailer, or recreational vehicle or trailer, who is required to apply for registration under chapter 32-3 , 32-5 , 32-5B , 32-9 , or 32-10 , and whose legal residence or chief place of business is outside the state, shall submit an application, a copy of a valid title or registration from another jurisdiction and payment of all applicable fees to the department. Upon receipt of such information, the department shall issue a nonnegotiable interstate title. A nonnegotiable title is not a valid legal document for any purpose or transaction except to make application for yearly South Dakota registration. The nonnegotiable title is valid as long as title ownership remains the same. A violation of this section is a Class 2 misdemeanor.

Source: SL 1969, ch 179; SL 1988, ch 236, § 11; SL 1989, ch 255, § 14; SL 1989, ch 257, § 54.
S.D. Codified Laws § 32-25-14 — SD Code / Title 32 / Chapter 25 / Section 32-25-14
Speed limit in school zones--Violation as misdemeanor
Status: in_force

When passing a school during a school recess or while children are going to or leaving school during the opening or closing hours, the maximum lawful speed shall be fifteen miles per hour. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 44.0303 (2); SL 1941, ch 187, § 1; SL 1955, ch 168; SL 1959, ch 251, § 1; SDC Supp 1960, § 44.0303 (6) (c); SL 1970, ch 175, § 11; SL 1989, ch 255, § 135.
S.D. Codified Laws § 32-5B-4 — SD Code / Title 32 / Chapter 5B / Section 32-5B-4
Purchase price defined
Status: in_force

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

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

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

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

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

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

(6) For a rebuilt motor vehicle, upon its initial registration and titling, the total consideration for the salvage vehicle, whether received in money or otherwise, and the total consideration for any assemblies, subassemblies, parts, or component parts used;

(7) For either a new or used motor vehicle, as defined by § 32-5B-21 , which is a closed lease, the total consideration whether received in money or otherwise. Total consideration is all lease payments including cash, rebates, the net trade-in, extended warranties, administrative fees, acquisition fees, or any other fees assessed on the purchase of the vehicle. Total consideration does not include title fees, registration fees, vehicle excise tax paid pursuant to §§ 32-5B-1 , 32-5B-1.1 , and 32-5B-21 to 32-5B-24 , inclusive, federal excise taxes attributable to the sale of the vehicle to the owner or to the lease of the vehicle by the owner, insurance, and refundable deposits;

(8) For either a new or used motor vehicle, as defined by § 32-5B-21 , which is leased, and the terms of the lease are either not certain at the time the lease contract is executed or the lease is open ended, the purchase price shall be the total consideration whether received in money or otherwise. Total consideration includes the purchase price of the vehicle, plus cash, rebates, the net trade-in, extended warranties, administrative fees, acquisition fees, or any other fees assessed on the purchase of the vehicle. Total consideration does not include title fees, registration fees, vehicle excise tax paid pursuant to §§ 32-5B-1 , 32-5B-1.1 , and 32-5B-21 to 32-5B-24 , inclusive, federal excise taxes attributable to the sale of the vehicle to the owner or to the lease of the vehicle by the owner, insurance, and refundable deposits.

Source: SL 1985, ch 241, § 2; SL 1986, ch 248, § 1; SL 1986, ch 249; SL 1987, ch 221; SL 1987, ch 222, § 3; SL 1989, ch 259, § 3; SL 2000, ch 145, § 3; SL 2001, ch 166, § 2; SL 2004, ch 17, § 78; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011; SL 2013, ch 139, § 1.
S.D. Codified Laws § 32-3A-46 — SD Code / Title 32 / Chapter 3A / Section 32-3A-46
Release of discharged lien--Notation on title--Time requirement
Status: in_force

If a lien is discharged, the lien holder shall execute a release within twenty days after the final payment is received. The release shall contain the certificate of title number and the date of the notation. The lien holder shall deliver the release and certificate of title if held by the lien holder to any county treasurer. The treasurer shall note the cancellation of the lien on the face of the certificate of title, and on the same day shall notify the secretary. The secretary shall cancel the lien on the state's computer system, if the treasurer has not done so. If the certificate of title is lost as set forth in § 32-3-29 , application for duplicate title may be forwarded along with the release to the department. The department shall cancel the lien. Upon the satisfaction of a security interest on a large boat for which the certificate of title is in the possession of the owner, the secured party shall within twenty days after final payment is received, execute a release of security interest on the form prescribed by the department and mail or deliver the release to the owner or as otherwise directed by the owner.

Source: SL 1993, ch 322, § 30; SL 1994, ch 335, § 46; SDCL 42-8-98; SL 2003, ch 160, § 12.
S.D. Codified Laws § 32-25-7 — SD Code / Title 32 / Chapter 25 / Section 32-25-7
Establishment of speed zones--Posting of zones--State or federal roads--Violation as misdemeanor
Status: in_force

The Transportation Commission may establish, by rules promulgated pursuant to chapter 1-26 , a maximum speed limit of less than that established by §§ 32-25-1.1 and 32-25-4 upon any highway or portion of highway under the jurisdiction of the Department of Transportation, and any portion of highway under the jurisdiction of a state or federal agency if requested by the agency. The speed limit established by the commission is the maximum speed that any person may drive or operate any vehicle or class of vehicle upon that portion of highway. The Department of Transportation shall conspicuously post signs at the beginning and end of a portion of highway to show the maximum speed limit established by the commission on that portion of highway. A violation of any maximum speed limit established by the commission pursuant to this section is a Class 2 misdemeanor.

Source: SL 1941, ch 187, § 1; SL 1955, ch 168; SL 1955, ch 169; SL 1959, ch 251, § 1; SDC Supp 1960, § 44.0303 (2); SL 1987, ch 210, § 33; SL 1989, ch 255, § 131; SL 1996, ch 207, § 4; SL 2014, ch 152, § 1.
S.D. Codified Laws § 32-22-60 — SD Code / Title 32 / Chapter 22 / Section 32-22-60
Size and load restrictions--Notice--Violation as misdemeanor
Status: in_force

If for any reason a segment of the state trunk highway system cannot accommodate the motor vehicle size limits set forth in chapter 32-22 without endangering public safety or damaging the highway surface or structures, the transportation commission may adopt rules, pursuant to chapter 1-26 , to restrict the size of a vehicle and its load over that highway segment. Notice of any restriction under this section shall be given by placing at the beginning and end and points of intersection signs of substantial construction which conspicuously indicate the vehicle size limitation. A violation of this section is a Class 2 misdemeanor.

Source: SL 1987, ch 210, § 32.
S.D. Codified Laws § 32-20B-10 — SD Code / Title 32 / Chapter 20B / Section 32-20B-10
Label to be affixed to electric bicycle by manufacturer or distributor--Modification--Violation as misdemeanor
Status: in_force

Beginning January 1, 2020, any person who manufacturers or distributes an electric bicycle in this state shall permanently affix to the electric bicycle a label that contains the following information:

(1) The designated class of the electric bicycle;

(2) The maximum assisted speed of the electric bicycle; and

(3) The wattage of the electric bicycle's motor.

If a person makes a modification to the electric bicycle that affects the bicycle's maximum speed, or manner of propulsion, the person shall amend the label required by this section to accurately reflect the required information.

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

Source: SL 2019, ch 135, § 2.
S.D. Codified Laws § 32-12-4.8 — SD Code / Title 32 / Chapter 12 / Section 32-12-4.8
Low-speed vehicle operation
Status: in_force

Any person operating a low-speed vehicle shall hold a valid driver's license.

Source: SL 2008, ch 147, § 6.
S.D. Codified Laws § 32-3-51.18 — SD Code / Title 32 / Chapter 3 / Section 32-3-51.18
Vehicle dealers required to display damage disclosure statement--Return of vehicle
Status: in_force

Any vehicle that is required to be titled pursuant to this chapter and is sold or offered for sale by a vehicle dealer or a used vehicle dealer as defined in § 32-6B-1 shall display a sticker, decal, or notice that discloses damage to the vehicle for which the current title denotes a salvage brand or similar brand denoting damage to that vehicle. The department shall promulgate rules pursuant to chapter 1-26 to prescribe the format and construction of the sticker, decal, or notice. If the dealer fails to comply with this section, the purchaser of the motor vehicle may return the motor vehicle to the dealer within ten days after receiving the title, and the dealer shall make a full refund to the purchaser.

Source: SL 1999, ch 153, § 5; SL 2004, ch 209, § 2; SL 2007, ch 172, § 1; SL 2015, ch 157, § 8.
S.D. Codified Laws § 32-12-17.11 — SD Code / Title 32 / Chapter 12 / Section 32-12-17.11
Maintenance of photographic files
Status: in_force

The Department of Public Safety may maintain a photographic image of all licensed drivers to facilitate the issuance of duplicate driver licenses.

Source: SL 1974, ch 216, § 3; SL 1978, ch 226; SDCL § 32-12-17.1 ; SL 2001, ch 171, §§ 20, 115; SL 2003, ch 272, § 23.