reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 33 - Apprehension And Prosecution Of Violators › Section 32-33-18.2 - Aggravated eluding law enforcement officer as felony--Enhanced penalties.

32-33-18.2. Aggravated eluding law enforcement officer as felony--Enhanced penalties.
Any driver of a vehicle who flees from a law enforcement officer or attempts to elude the pursuit of a law enforcement officer is guilty of aggravated eluding if, at any time during the flight or pursuit, the driver operates the vehicle in a manner that constitutes an inherent risk of death or serious bodily injury to any third person.
Aggravated eluding is a Class 6 felony. In addition, the court may order that the defendant's driver's license be revoked for up to one year, but may issue an order, upon proof of financial responsibility pursuant to §32-35-43.1, allowing the defendant to operate a vehicle for purposes of the defendant's employment, attendance at school, or counseling programs. For any subsequent aggravated eluding violation, the court shall order that the defendant's driver's license be revoked for five years.
Source:
SL 2006, ch 171, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 33 - Apprehension And Prosecution Of Violators › Section 32-33-20 - Unknown driver fleeing from police--Vehicle subject to civil penalty.

32-33-20. Unknown driver fleeing from police--Vehicle subject to civil penalty.
If the driver of a motor vehicle used in violation of §32-33-18 is unknown, the vehicle is subject to a civil penalty of seven hundred dollars.
Source:
SL 1981, ch 250, §1; SL 2019, ch 138, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 33 - Apprehension And Prosecution Of Violators › Section 32-33-21 - Enforcement of civil penalty--Lien.

32-33-21. Enforcement of civil penalty--Lien.
The state's attorney for the county in which the violation of §32-33-18 occurs may commence a civil in rem proceeding against a vehicle used in conjunction with a violation of §32-33-18. If it is established by a preponderance of the evidence that the charged vehicle was used in violation of §32-33-18, a civil penalty of one thousand dollars shall be assessed against the vehicle and shall constitute a lien on the vehicle until the penalty is satisfied.
Source:
SL 1981, ch 250, §2; SL 1989, ch 256, §36; SL 2019, ch 138, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 33 - Apprehension And Prosecution Of Violators › Section 32-33-22 - Exemptions from lien--Superior security interests.

32-33-22. Exemptions from lien--Superior security interests.
The lien imposed under §§32-33-20 to 32-33-22, inclusive, does not apply to vehicles which at the time of the violation are leased, loaned, or being used without the owner's permission and the lien is subordinate to a perfected security interest or lien registered on the title at the time of the violation.
Source:
SL 1981, ch 250, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 34 - Accidents And Accident Reports › Section 32-34-3 - Duty of vehicle operator to stop in case of accident--Information given--Aid to injured persons.

32-34-3. Duty of vehicle operator to stop in case of accident--Information given--Aid to injured persons.
The driver of any vehicle involved in any accident resulting in injury or death to any person or damage to property shall immediately stop and give his name and address, and the name and address of the owner and the license number of the vehicle he is driving to the person struck or the driver or occupants of any vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying of such person to a physician or surgeon for medical treatment if it is apparent that such treatment is necessary or is requested by the injured person.
Source:
SDC 1939, §44.0330; SL 1970, ch 175, §35.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 34 - Accidents And Accident Reports › Section 32-34-3.1 - Immediate report to police authority when persons entitled to receive information are disabled--Violation as misdemeanor.

32-34-3.1. Immediate report to police authority when persons entitled to receive information are disabled--Violation as misdemeanor.
If none of the persons specified in §32-34-3 are in condition to receive the information to which they otherwise would be entitled, and no police officer is present, the driver of any vehicle involved in such accident, after fulfilling all other requirements of §32-34-3, insofar as possible on his part to be performed, shall forthwith report such accident to the nearest office of a duly authorized police authority and submit thereto the information specified in §32-34-3. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1970, ch 175, §36; SL 1989, ch 255, §225.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 34 - Accidents And Accident Reports › Section 32-34-4 - Duty to stop after accident with unattended vehicle or property--Leaving information--Report to police--Violation as misdemeanor.

32-34-4. Duty to stop after accident with unattended vehicle or property--Leaving information--Report to police--Violation as misdemeanor.
The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended resulting in any damage to such other vehicle or property shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle or other property of his name, address and the name and address of the owner and the license number of the vehicle he is driving or shall attach securely in a conspicuous place in or on such vehicle or other property a written notice giving his name, address, and the name and address of the owner and the license number of the vehicle he is driving and shall without unnecessary delay notify the nearest office of a duly authorized police authority. Every such stop shall be made without obstructing traffic more than is necessary. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1953, ch 232, §2; SDC Supp 1960, §44.0330-1; SL 1970, ch 175, §37; SL 1989, ch 255, §226.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 34 - Accidents And Accident Reports › Section 32-34-5 - Hit and run accident resulting in death or injury as felony.

32-34-5. Hit and run accident resulting in death or injury as felony.
Any driver of any vehicle involved in an accident resulting in injury or death to any person, who fails immediately to stop such vehicle at the scene of such accident and comply with the provisions of §32-34-3 is guilty of a Class 6 felony, and the Department of Revenue shall revoke the registration receipt of the person so convicted.
Source:
SDC 1939, §44.9923; SL 1964, ch 133; SL 1976, ch 158, §43-6; SL 1989, ch 256, §37.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 34 - Accidents And Accident Reports › Section 32-34-6 - Information furnished by driver involved in property damage accident--Failure as misdemeanor.

32-34-6. Information furnished by driver involved in property damage accident--Failure as misdemeanor.
Any driver of any vehicle involved in an accident resulting in damage to property shall stop his vehicle at the scene of the accident and immediately give his name and address, and the name and address of the owner of the vehicle. If the damage is to another motor vehicle and the owner of the damaged vehicle is not at the scene of the accident, the driver shall immediately leave such information on the other motor vehicle. If the damage is to property other than a motor vehicle, and the owner of the damaged property is not at the scene, the driver shall leave such information with the owner of the property or with a law enforcement agency as soon as possible. A violation of this section is a Class 1 misdemeanor.
Source:
SDC 1939, §44.9923; SL 1964, ch 133; SL 1977, ch 189, §118; SL 1981, ch 251; SL 1984, ch 12, §8.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 34 - Accidents And Accident Reports › Section 32-34-7 - Duty to give immediate notice of accident to law enforcement officer--Violation as misdemeanor.

32-34-7. Duty to give immediate notice of accident to law enforcement officer--Violation as misdemeanor.
The driver of any motor vehicle involved in an accident resulting in bodily injuries or death to any person or property damage to an apparent extent of one thousand dollars or more to any one person's property or two thousand dollars per accident shall immediately, by the quickest means of communication, give notice of the accident to the nearest available law enforcement officer who has jurisdiction. A violation of this section is a Class 2 misdemeanor.
Source:
SDC 1939, §44.0331; SL 1945, ch 190, §1; SL 1953, ch 232, §1; SL 1955, ch 172; SL 1957, ch 212, §76; SL 1961, ch 226; SL 1967, ch 193; SL 1973, ch 214, §1; SL 1978, ch 239; SL 1986, ch 268; SL 1989, ch 255, §227; SL 2000, ch 162, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 34 - Accidents And Accident Reports › Section 32-34-8 - Physical incapacity of driver.

32-34-8. Physical incapacity of driver.
An accident report is not required from any person who is physically incapable of making such report during the period of such incapacity.
Source:
SDC 1939, §44.0331 as added by SL 1961, ch 226; SL 1967, ch 193.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 34 - Accidents And Accident Reports › Section 32-34-9 - Duty of occupant of vehicle to give notice where driver is physically incapable--Violation as misdemeanor.

32-34-9. Duty of occupant of vehicle to give notice where driver is physically incapable--Violation as misdemeanor.
If the driver of a vehicle is physically incapable of giving an immediate notice of an accident and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall make or cause to be given the notice not given by the driver. A violation of this section is a Class 2 misdemeanor.
Source:
SDC 1939, §44.0331 as added by SL 1961, ch 226; SL 1967, ch 193; SL 1989, ch 255, §228.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 34 - Accidents And Accident Reports › Section 32-34-10 - Duty of law enforcement officer upon receipt of notice of accident--Report to department.

32-34-10. Duty of law enforcement officer upon receipt of notice of accident--Report to department.
Each law enforcement officer or other person assigned by a law enforcement agency to investigate traffic accidents shall, after receiving notice that an accident described in §32-34-7 occurred, cause a notice to be affixed in a manner prescribed by the secretary of public safety to the vehicle damaged, indicating that the accident has been reported and the circumstances surrounding the accident are being investigated. The law enforcement officer or other person assigned by a law enforcement agency to investigate traffic accidents shall forward to the Department of Public Safety, within three days after completion of the investigation of the accident, an investigator's report of the accident so reported. After July 1, 2013, any law enforcement officer or other person assigned by a law enforcement agency to investigate traffic accidents and complete a report pursuant to §32-34-7 is required to file the report by electronic means with the department if the submissions pursuant to §32-34-7 for that law enforcement agency total more than sixty reports during the prior calendar year.
Source:
SDC 1939, §44.0331; SL 1945, ch 190, §1; SL 1953, ch 232, §1; SL 1955, ch 172; SL 1957, ch 212, §76; SL 1961, ch 226; SL 1967, ch 193; SL 1974, ch 229, §1; SL 1977, ch 267, §1; SL 1985, ch 399, §21; SL 1985, ch 406, §20; SL 1989, ch 256, §38; SL 1998, ch 197, §2; SL 2004, ch 17, §145; SL 2012, ch 170, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 34 - Accidents And Accident Reports › Section 32-34-11 - Supplemental reports to department.

32-34-11. Supplemental reports to department.
The secretary of public safety may require drivers involved in accidents or peace officers to file supplemental reports of the accidents upon forms furnished by the Department of Public Safety whenever the original report is insufficient in the opinion of the secretary.
Source:
SDC 1939, §44.0331; SL 1945, ch 190, §1; SL 1953, ch 232, §1; SL 1955, ch 172; SL 1957, ch 212, §76; SL 1961, ch 226; SL 1967, ch 193; SL 1977, ch 267, §2; SL 1985, ch 399, §§20, 21; SL 2004, ch 17, §146.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 34 - Accidents And Accident Reports › Section 32-34-12 - Adoption of uniform report form.

32-34-12. Adoption of uniform report form.
The secretary of public safety shall have authority to adopt and provide a uniform accident report form to be used in the making of accident reports and shall adopt and provide a uniform notice as required by §32-34-10.
Source:
SDC 1939, §44.0331 as added by SL 1955, ch 172; SL 1957, ch 212, §76; SL 1961, ch 226; SL 1967, ch 193; SL 1977, ch 267, §3; SL 1985, ch 399, §21; SL 2004, ch 17, §147.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 34 - Accidents And Accident Reports › Section 32-34-13 - Accident reports not privileged--Fees for locating and furnishing reports.

32-34-13. Accident reports not privileged--Fees for locating and furnishing reports.
Reports pursuant to §§32-34-7 to 32-34-12, inclusive, and the information contained in such reports is not privileged and may not be held confidential. The secretary of public safety shall collect four dollars for each request to locate a report on file. The secretary shall furnish to any person requesting a search, at no additional cost, any report located by the search. All sums collected shall be deposited in the state highway fund.
Source:
SDC 1939, §44.0331; SL 1945, ch 190, §1; SL 1953, ch 232, §1; SL 1955, ch 172; SL 1957, ch 212, §76; SL 1961, ch 226; SL 1967, ch 193; SL 1970, ch 175, §38; SL 1973, ch 215; SL 1977, ch 267, §4; SL 1985, ch 399, §21; SL 1991, ch 263, §1; SL 1999, ch 166, §1; SL 2004, ch 17, §148.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 34 - Accidents And Accident Reports › Section 32-34-13.1 - Fees of local law enforcement personnel for furnishing copies of accident reports.

32-34-13.1. Fees of local law enforcement personnel for furnishing copies of accident reports.
County or municipal law enforcement personnel may collect four dollars for each copy of an accident report furnished to any person by their office. Accident reports furnished to the Department of Public Safety pursuant to §32-34-10 shall be provided at no cost to the state. For reports supplied by county law enforcement personnel, collected funds shall be accounted for pursuant to chapter 7-11. For reports supplied by municipal law enforcement personnel, collected funds shall be accounted for pursuant to chapter 9-22.
Source:
SL 1984, ch 234; SL 1985, ch 399, §20; SL 1991, ch 263, §2; SL 2004, ch 17, §149.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 34 - Accidents And Accident Reports › Section 32-34-23 - Repair of vehicle with reportable damage prohibited unless required notice affixed--Violation as misdemeanor.

32-34-23. Repair of vehicle with reportable damage prohibited unless required notice affixed--Violation as misdemeanor.
The person in charge of any garage or repair shop shall not commence repair on any motor vehicle which shows evidence of having been involved in a reportable accident or struck by any bullet unless the vehicle bears the notice provided for in §32-34-10. Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor.
Source:
SDC 1939, §44.0332; SL 1967, ch 194, §§1, 2; SL 1977, ch 268.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-2 - Proof of financial responsibility for the future defined.

32-35-2. Proof of financial responsibility for the future defined.
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.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-43 - Proof of financial responsibility for future--Person convicted of certain vehicle law offenses--Nonpayment of judgments.

32-35-43. Proof of financial responsibility for future--Person convicted of certain vehicle law offenses--Nonpayment of judgments.
The provisions of §§32-35-44 to 32-35-97, inclusive, requiring the deposit of proof of financial responsibility for the future, subject to certain exemptions, shall apply to any person who has been convicted of or forfeited bail for a violation of §§22-16-41, 32-23-1, 32-24-3, 32-35-113, and 32-35-120 or to any person who has failed to pay judgments upon causes of action arising out of ownership, maintenance, or use of any vehicle subject to registration under the laws of this state.
Source:
SL 1957, ch 212, §30; SDC Supp 1960, §44.03A30; SL 1986, ch 269, §12; SL 1989, ch 265, §36.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-43.1 - Renewal of privileges only upon proof of financial responsibility for future.

32-35-43.1. Renewal of privileges only upon proof of financial responsibility for future.
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.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-44 - Suspension or revocation of license--Suspension respecting all vehicles registered in offender's name.

32-35-44. Suspension or revocation of license--Suspension respecting all vehicles registered in offender's name.
Whenever, under any law of this state, the license of any person is suspended or revoked by reason of a conviction or a forfeiture of bail, the Department of Revenue shall suspend the registration of all vehicles registered in the name of such person as owner, except as provided by §§32-35-45 and 32-35-46.
Source:
SL 1957, ch 212, §31; SDC Supp 1960, §44.03A31; SL 1986, ch 270; AL 1987, ch. 261, §14; SL 2004, ch 17, §152; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-45 - Suspension not required--Furnishing proof of financial responsibility for future.

32-35-45. Suspension not required--Furnishing proof of financial responsibility for future.
If an owner whose license is suspended or revoked by reason of a conviction or a forfeiture of bail has previously given or shall immediately give and thereafter maintains proof of financial responsibility for the future with respect to all vehicles registered by such person as the owner, the Department of Revenue shall not suspend such registration unless otherwise required by law.
Source:
SL 1957, ch 212, §31; SDC Supp 1960, §44.03A31 (1); SL 2004, ch 17, §153; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-46 - Suspension not required--Government vehicles.

32-35-46. Suspension not required--Government vehicles.
If a conviction arose out of the operation, with permission, of a vehicle owned by or leased to the United States, this state, or any political subdivision of this state or a municipality thereof, the Department of Public Safety shall suspend or revoke such license only with respect to the operation of vehicles not so owned or leased and the Department of Revenue shall not suspend the registration of any vehicle so owned or leased.
Source:
SL 1957, ch 212, §31; SDC Supp 1960, §44.03A31 (2); SL 2003, ch 272 (Ex. Ord. 03-1), §23; SL 2004, ch 17, §154; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-47 - Duration of suspension--Future proof of financial responsibility.

32-35-47. Duration of suspension--Future proof of financial responsibility.
The suspension or revocation required in §32-35-44 shall remain in effect and the Department of Public Safety shall not issue to such person any new or renewal of license and the Department of Revenue shall not register or reregister in the name of such person as owner any such vehicle until permitted under the motor vehicle laws of this state, and not then unless and until such person shall give and thereafter maintain proof of financial responsibility for the future.
Source:
SL 1957, ch 212, §32; SDC Supp 1960, §44.03A32; SL 2003, ch 272 (Ex. Ord. 03-1), §23; SL 2004, ch 17, §155; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-47.1 - Fee for reinstatement of suspended license.

32-35-47.1. Fee for reinstatement of suspended license.
Any person whose license or privilege to drive a motor vehicle on public highways is suspended pursuant to chapter 32-35 shall pay a license fee of fifty dollars to the Department of Public Safety prior to the reinstatement of the license.
Source:
SL 1982, ch 237, §3; SL 2003, ch 272, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-48 - Conviction of unlicensed person--Future issuance of license prohibited in absence of proof of financial responsibility.

32-35-48. Conviction of unlicensed person--Future issuance of license prohibited in absence of proof of financial responsibility.
If a person has no license, but by final order or judgment is convicted of or forfeits any bail or collateral deposited to secure an appearance for trial for any offense requiring the suspension or revocation of license, or for driving a motor vehicle upon the highways without being licensed to do so, or for driving an unregistered vehicle upon the highways, no license shall be thereafter issued to such person and no such vehicle shall continue to be registered or thereafter be registered in the name of such person as owner unless he shall give and thereafter maintain proof of financial responsibility for the future.
Source:
SL 1957, ch 212, §33; SDC Supp 1960, §44.03A33.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-49 - Conviction of nonresident--Suspension of operating privilege in absence of proof of financial responsibility.

32-35-49. Conviction of nonresident--Suspension of operating privilege in absence of proof of financial responsibility.
Whenever the Department of Public Safety suspends or revokes a nonresident's operating privilege by reason of a conviction or forfeiture of bail, such privilege shall remain so suspended or revoked unless such person shall have previously given or shall immediately give and thereafter maintain proof of financial responsibility for the future.
Source:
SL 1957, ch 212, §34; SDC Supp 1960, §44.03A34; SL 2003, ch 272, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-50 - Failure to pay judgment--Forwarding copy of judgment to department.

32-35-50. Failure to pay judgment--Forwarding copy of judgment to department.
Whenever any person fails within thirty days to satisfy any judgment, then upon the written request of the judgment creditor or his attorney it shall be the duty of the clerk of the court, or of the magistrate of a court which has no clerk, in which any such judgment is rendered within this state to forward to the Department of Public Safety immediately upon such request a certified copy of such judgment.
Source:
SL 1957, ch 212, §35; SDC Supp 1960, §44.03A35; SL 2004, ch 17, §156.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-51 - Nonresident judgment debtor--Copy forwarded to state of residence.

32-35-51. Nonresident judgment debtor--Copy forwarded to state of residence.
If the defendant named in any certified copy of a judgment reported to the Department of Public Safety is a nonresident, the department shall transmit a certified copy of the judgment to the official in charge of the issuance of licenses and registrations of the state of which the defendant is a resident.
Source:
SL 1957, ch 212, §36; SDC Supp 1960, §44.03A36; SL 2004, ch 17, §157.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-52 - Suspension of license for failure to pay judgment.

32-35-52. Suspension of license for failure to pay judgment.
The Department of Public Safety upon receipt of a certified copy of a judgment shall forthwith suspend the license and any nonresident's operating privilege and the Department of Revenue shall forthwith suspend the registration of any person against whom such judgment was rendered except as provided in §§32-35-53 to 32-35-56, inclusive.
Source:
SL 1957, ch 212, §37; SDC Supp 1960, §44.03A37; SL 1971, ch 195; SL 2003, ch 272 (Ex. Ord. 03-1), §23; SL 2004, ch 17, §158; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-53 - Suspension not required for government vehicles.

32-35-53. Suspension not required for government vehicles.
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.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-54 - Consent of judgment creditor to nonsuspension--Default in payment of judgment.

32-35-54. Consent of judgment creditor to nonsuspension--Default in payment of judgment.
If the creditor in a judgment reported pursuant to §32-35-52 consents in writing, in such form as the Department of Public Safety may prescribe, that the judgment debtor be allowed license and registration or nonresident's operating privilege, the same may be allowed by the department, in its discretion, for six months from the date of such consent and thereafter until such consent is revoked in writing, notwithstanding default in the payment of such judgment, or of any installments thereof prescribed in §32-35-60, provided the judgment debtor furnishes proof of financial responsibility.
Source:
SL 1957, ch 212, §39; SDC Supp 1960, §44.03A39; SL 2004, ch 17, §159.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-55 - Suspension not required when insurer is liable--Failure of insurer to pay.

32-35-55. Suspension not required when insurer is liable--Failure of insurer to pay.
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.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-56 - Judicial determination that insurer is not liable.

32-35-56. Judicial determination that insurer is not liable.
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.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-57 - Duration of suspension--Satisfaction of judgment--Proof of future financial responsibility.

32-35-57. Duration of suspension--Satisfaction of judgment--Proof of future financial responsibility.
A license, registration, and nonresident's operating privilege suspended pursuant to §32-35-52 shall remain so suspended and shall not be renewed, nor shall any such license or registration be thereafter issued in the name of such person, including any such person not previously licensed, unless and until every such judgment is stayed, satisfied in full, or to the extent provided in §32-35-59, and until the said person gives proof of financial responsibility subject to the exemptions stated in §§32-35-54, 32-35-55, and 32-35-61.
Source:
SL 1957, ch 212, §41; SDC Supp 1960, §44.03A41.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-59 - Amount sufficient to satisfy judgment--Judgment deemed satisfied.

32-35-59. Amount sufficient to satisfy judgment--Judgment deemed satisfied.
Judgments referred to in §§32-35-43 to 32-35-62, inclusive, shall, for the purpose of this chapter only, be deemed satisfied:
(1)If twenty-five thousand dollars has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of one person as the result of any one accident; or
(2)If, subject to the limit of twenty-five thousand dollars because of bodily injury to or death of one person, the sum of fifty thousand dollars has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of two or more persons as the result of any one accident; or
(3)If twenty-five thousand dollars has been credited upon any judgment or judgments rendered in excess of that amount because of injury to or destruction of property of others as a result of any one accident.
However, payments made in settlements of any claims because of bodily injury, death, or property damage arising from the accident shall be credited to reduce the amounts provided for in this section.
Source:
SL 1957, ch 212, §43; SDC Supp 1960, §44.03A43; SL 1970, ch 185; SL 1985, ch 266, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-60 - Payment of judgment in installments--Order permitting installments.

32-35-60. Payment of judgment in installments--Order permitting installments.
A judgment debtor upon due notice to the judgment creditor may apply to the court in which such judgment was rendered for the privilege of paying such judgment in installments and the court, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may so order and fix the amounts and times of payment of the installments.
Source:
SL 1957, ch 212, §44; SDC Supp 1960, §44.03A44.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-61 - Installment payments and proof of financial responsibility as obviating suspension.

32-35-61. Installment payments and proof of financial responsibility as obviating suspension.
The Department of Public Safety shall not suspend a license or nonresident's operating privilege, and shall restore any license or nonresident's operating privilege suspended following nonpayment of a judgment, when the judgment debtor gives proof of financial responsibility and obtains an order under §32-35-60 permitting the payment of such judgment in installments, and while the payment of any said installments is not in default. The Department of Revenue shall not suspend a registration, and shall restore any registration suspended following nonpayment of a judgment, when the judgment debtor gives proof of financial responsibility and obtains an order under §32-35-60 permitting the payment of such judgment in installments, and while the payment of any said installments is not in default.
Source:
SL 1957, ch 212, §44; SDC Supp 1960, §44.03A44; SL 2003, ch 272 (Ex. Ord. 03-1), §23; SL 2004, ch 17, §162; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-62 - Failure to pay installments--Suspension of licenses.

32-35-62. Failure to pay installments--Suspension of licenses.
In the event the judgment debtor referred to in §32-35-61 fails to pay any installment as specified by such order, then upon notice of such default, the Department of Public Safety shall forthwith suspend the license or nonresident's operating privilege and the Department of Revenue shall forthwith suspend the registration of the judgment debtor until such judgment is satisfied, as provided in this chapter.
Source:
SL 1957, ch 212, §45; SDC Supp 1960, §44.03A45; SL 2003, ch 272 (Ex. Ord. 03-1), §23; SL 2004, ch 17, §163; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-63 - Vehicles unregisterable absent proof of financial responsibility.

32-35-63. Vehicles unregisterable absent proof of financial responsibility.
No vehicle shall be or continue to be registered in the name of any person required to file proof of financial responsibility for the future unless such proof shall be furnished for such vehicle.
Source:
SL 1957, ch 212, §46; SDC Supp 1960, §44.03A46.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-64 - Methods for furnishing proof of financial responsibility.

32-35-64. Methods for furnishing proof of financial responsibility.
Proof of financial responsibility when required under this chapter, with respect to such a vehicle or with respect to a person who is not the owner of such a vehicle, may be given by filing:
(1)A certificate of insurance as provided in §32-35-65 or 32-35-66; or
(2)A bond as provided in §32-35-83; or
(3)A certificate of deposit of money or securities as provided in §32-35-87; or
(4)A certificate of self-insurance, as provided in §§32-35-90 and 32-35-91, supplemented by an agreement by the self-insurer that, with respect to accidents occurring while the certificate is in force, he will pay the same amounts that an insurer would have been obligated to pay under an owner's motor vehicle liability policy if it had issued such a policy to said self-insurer.
Source:
SL 1957, ch 212, §47; SDC Supp 1960, §44.03A47.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-65 - Certificate by insurance carrier as proof--Contents of certificate.

32-35-65. Certificate by insurance carrier as proof--Contents of certificate.
Proof of financial responsibility for the future may be furnished by filing with the Department of Public Safety the written certificate of any insurance carrier duly authorized to do business in this state certifying that there is in effect a motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. Such certificate shall give the effective date of such motor vehicle liability policy, which date shall be the same as the effective date of the certificate, and shall designate by explicit description or by appropriate reference all vehicles covered thereby, unless the policy is issued to a person who is not the owner of a motor vehicle.
Source:
SL 1957, ch 212, §48; SDC Supp 1960, §44.03A48; SL 2004, ch 17, §164.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-66 - Certificate of insurance of nonresident--Carrier authorized to do business locally--Conditions.

32-35-66. Certificate of insurance of nonresident--Carrier authorized to do business locally--Conditions.
A nonresident may give proof of financial responsibility by filing with the Department of Public Safety a written certificate or certificates of an insurance carrier authorized to transact business in the state in which the vehicle, or vehicles, owned by such nonresident is registered, or in the state in which such nonresident resides, if he does not own a vehicle, provided such certificate otherwise conforms with the provisions of this chapter, and the department shall accept the same upon condition that said insurance carrier complies with the following provisions with respect to the policies so certified:
(1)Said insurance carrier shall execute a power of attorney authorizing the Division of Insurance to accept service on its behalf of notice or process in any action arising out of a motor vehicle accident in this state;
(2)Said insurance carrier shall agree in writing that such policies shall be deemed to conform with the laws of this state relating to the terms of motor vehicle liability policies issued therein.
Source:
SL 1957, ch 212, §49; SDC Supp 1960, §44.03A49; SL 2004, ch 17, §165.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-67 - Default by nonresident insurer.

32-35-67. Default by nonresident insurer.
If any insurance carrier not authorized to transact business in this state, which has qualified to furnish proof of financial responsibility, defaults in any of the undertakings or agreements required by §32-35-66, the Department of Public Safety shall not thereafter accept as proof any certificate of said carrier whether theretofore filed or thereafter tendered as proof, so long as such default continues.
Source:
SL 1957, ch 212, §50; SDC Supp 1960, §44.03A50; SL 2004, ch 17, §166.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-68 - Motor vehicle liability policy defined.

32-35-68. Motor vehicle liability policy defined.
A motor vehicle liability policy as said term is used in this chapter shall mean an owner's policy or an operator's policy of liability insurance, certified as provided in §32-35-65 or 32-35-66 as proof of financial responsibility for the future, and issued, except as otherwise provided in §32-35-66 by an insurance carrier duly authorized to transact business in this state, to or for the benefit of the person named therein as insured.
Source:
SL 1957, ch 212, §51; SDC Supp 1960, §44.03A51 (1).
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-69 - Conditions of owner's policy--Description of vehicles.

32-35-69. Conditions of owner's policy--Description of vehicles.
An owner's policy of liability insurance referred to in §32-35-68 shall designate by explicit description or by appropriate reference all vehicles with respect to which coverage is thereby to be granted.
Source:
SL 1957, ch 212, §51; SDC Supp 1960, §44.03A51 (2) (a).
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-70 - Conditions of owner's policy--Coverage and amount--Filing and form requirements--Date of compliance.

32-35-70. Conditions of owner's policy--Coverage and amount--Filing and form requirements--Date of compliance.
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.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-71 - Conditions of operator's policy--Nonowned vehicles--Limits of liability.

32-35-71. Conditions of operator's policy--Nonowned vehicles--Limits of liability.
An operator's policy of liability insurance referred to in §32-35-68 shall insure the person named as insured therein against loss from the liability imposed upon him by law for damages arising out of the use by him of any motor vehicle not owned by him, within the territorial limits described in §32-35-70 and subject to the limits of liability set forth in §32-35-70 with respect to an owner's policy of liability insurance.
Source:
SL 1957, ch 212, §51; SDC Supp 1960, §44.03A51 (3).
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-72 - Contents of policies.

32-35-72. Contents of policies.
A motor vehicle liability policy as defined in §32-35-68 shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the policy period, and the limits of liability, and shall contain an agreement or be endorsed that insurance is provided thereunder in accordance with the coverage defined in this chapter as respects bodily injury and death or property damage, or both, and is subject to all the provisions of this chapter.
Source:
SL 1957, ch 212, §51; SDC Supp 1960, §44.03A51 (4).
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-73 - Workers' compensation coverage unnecessary.

32-35-73. Workers' compensation coverage unnecessary.
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).
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-74 - Policies subject to particular provisions of law.

32-35-74. Policies subject to particular provisions of law.
Every motor vehicle liability policy shall be subject to the following provisions which need not be contained therein:
(1)The liability of the insurance carrier with respect to the insurance required by this chapter shall become absolute whenever injury or damage covered by said motor vehicle liability policy occurs; said policy may not be canceled or annulled as to such liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage; no statement made by the insured or on his behalf and no violation of said policy shall defeat or void said policy;
(2)The satisfaction by the insured of a judgment for such injury or damage shall not be a condition precedent to the right or duty of the insurance carrier to make payment on account of such injury or damage;
(3)The insurance carrier shall have the right to settle any claim covered by the policy, and if such settlement is made in good faith, the amount thereof shall be deductible from the limits of liability specified in §32-35-70;
(4)The policy, the written application therefor, if any, and any rider or endorsement which does not conflict with the provisions of this chapter shall constitute the entire contract between the parties.
Source:
SL 1957, ch 212, §51; SDC Supp 1960, §44.03A51 (6).