reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-75 - Excess or additional coverage not affected.

32-35-75. Excess or additional coverage not affected.
Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in addition to the coverage specified for a motor vehicle liability policy and such excess or additional coverage shall not be subject to the provisions of this chapter. With respect to a policy which grants such excess or additional coverage the term, motor vehicle liability policy, shall apply only to that part of the coverage which is required by §32-35-70 or 32-35-71.
Source:
SL 1957, ch 212, §51; SDC Supp 1960, §44.03A51 (7).
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-76 - Permissive provisions in policy--Indemnification clause.

32-35-76. Permissive provisions in policy--Indemnification clause.
Any motor vehicle liability policy may provide that the insured shall reimburse the insurance carrier for any payment the insurance carrier would not have been obligated to make under the terms of the policy except for the provisions of this chapter.
Source:
SL 1957, ch 212, §51; SDC Supp 1960, §44.03A51 (8).
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-77 - Permissive provisions--Other insurance prorated.

32-35-77. Permissive provisions--Other insurance prorated.
Any motor vehicle liability policy may provide for the prorating of the insurance thereunder with other valid and collectible insurance.
Source:
SL 1957, ch 212, §51; SDC Supp 1960, §44.03A51 (9).
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-78 - Permissive provisions--Concurrent insurance.

32-35-78. Permissive provisions--Concurrent insurance.
The requirements for a motor vehicle liability policy may be fulfilled by the policies of one or more insurance carriers which policies together meet such requirements.
Source:
SL 1957, ch 212, §51; SDC Supp 1960, §44.03A51 (10).
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-79 - Binder as fulfilling requirements.

32-35-79. Binder as fulfilling requirements.
Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for such a policy.
Source:
SL 1957, ch 212, §51; SDC Supp 1960, §44.03A51 (11).
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-80 - Notice to department of cancellation or termination of policy--Violation as misdemeanor--Termination by certification of replacement policy.

32-35-80. Notice to department of cancellation or termination of policy--Violation as misdemeanor--Termination by certification of replacement policy.
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.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-81 - Other automobile policies unaffected.

32-35-81. Other automobile policies unaffected.
This chapter shall not be held to apply to or affect policies of automobile insurance against liability which may now or hereafter be required by any other law of this state, and such policies, if they contain an agreement or are endorsed to conform with the requirements of this chapter may be certified as proof of financial responsibility under this chapter.
Source:
SL 1957, ch 212, §53; SDC Supp 1960, §44.03A53.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-82 - Employers' policies unaffected.

32-35-82. Employers' policies unaffected.
This chapter shall not be held to apply to or affect policies insuring solely the insured named in the policy against liability resulting from the maintenance or use by persons in the insured's employ or on his behalf of vehicles not owned by the insured.
Source:
SL 1957, ch 212, §53; SDC Supp 1960, §44.03A53.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-83 - Proof of financial responsibility by surety bond--Individual sureties--Amount of bond--Conditions.

32-35-83. Proof of financial responsibility by surety bond--Individual sureties--Amount of bond--Conditions.
Proof of financial responsibility may be evidenced by the bond of a surety company duly authorized to transact business within this state, or a bond with at least two individual sureties each owning real estate within this state, and together having equities equal in value to at least twice the amount of the bond, which real estate shall be scheduled in the bond approved by a judge of a court of record, which said bond shall be conditioned for payment of the amounts specified in §32-35-2. Such bond shall be filed with the Department of Public Safety and shall not be cancelable except after ten days' written notice to the department.
Source:
SL 1957, ch 212, §54; SDC Supp 1960, §44.03A54; SL 2004, ch 17, §168.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-84 - Bond as lien on surety's property--Extent of lien--Recording of notice.

32-35-84. Bond as lien on surety's property--Extent of lien--Recording of notice.
A bond filed pursuant to §32-35-83 shall constitute a lien in favor of the state upon the real estate so scheduled of any surety, which lien shall exist in favor of any holder of a final judgment against the person who has filed such bond, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damage because of injury to or destruction of property, including the loss of use thereof, resulting from the ownership, maintenance, use, or operation of a vehicle subject to registration under the laws of this state after such bond was filed, upon the recording of a notice signed by the Department of Public Safety to that effect in the Office of the Register of Deeds of the county in which the real estate so scheduled shall be located.
Source:
SL 1957, ch 212, §55; SDC Supp 1960, §44.03A55; SL 2004, ch 17, §169.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-85 - Recordation procedure--Fee for recordation--Disposition of fee.

32-35-85. Recordation procedure--Fee for recordation--Disposition of fee.
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.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-86 - Suit on bond of defaulting debtor--Foreclosure of lien--Procedure.

32-35-86. Suit on bond of defaulting debtor--Foreclosure of lien--Procedure.
If a judgment referred to in §32-35-84, rendered against the principal on such bond, shall not be satisfied within thirty days after it has become final, the judgment creditor may, for his own use and benefit and at his sole expense, bring an action or actions in the name of the state against the company or persons executing such bond, including an action or proceeding to foreclose any lien that may exist upon the real estate of a person who has executed such bond. Any such lien upon real estate may be enforced by action in a circuit court in the same manner, as near as may be, as in actions to foreclose mortgages on real estate as provided in chapter 21-47.
Source:
SL 1957, ch 212, §56; SDC Supp 1960, §44.03A56.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-87 - Money or securities as proof of financial responsibility--Amount--Judgments against depositor.

32-35-87. Money or securities as proof of financial responsibility--Amount--Judgments against depositor.
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.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-88 - Disposition of money or securities deposited--Payment of judgments--Attachment or execution against deposit.

32-35-88. Disposition of money or securities deposited--Payment of judgments--Attachment or execution against deposit.
A deposit pursuant to §32-35-87 shall be held by the state treasurer to satisfy, in accordance with the provisions of this chapter, any execution on a judgment issued against such person making the deposit, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, resulting from the ownership, maintenance, use, or operation of a vehicle of a type subject to registration under the laws of this state after such deposit was made. Money or securities so deposited shall not be subject to attachment or execution unless such attachment or execution shall arise out of a suit for damages as aforesaid.
Source:
SL 1957, ch 212, §58; SDC Supp 1960, §44.03A58.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-89 - Proof by owner on behalf of certain drivers--Vehicles covered--Endorsement on license.

32-35-89. Proof by owner on behalf of certain drivers--Vehicles covered--Endorsement on license.
The owner of a motor vehicle may give proof of financial responsibility on behalf of his employee or a member of his immediate family or household in lieu of the furnishing of proof by any said person. The furnishing of such proof shall permit such person to operate only a motor vehicle covered by such proof. The Department of Public Safety shall endorse appropriate restrictions on the face of the license held by such person, or may issue a new license containing such restrictions.
Source:
SL 1957, ch 212, §59; SDC Supp 1960, §44.03A59; SL 2003, ch 272, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-90 - Proof of financial responsibility by self-insurer--Certificate of self-insurance.

32-35-90. Proof of financial responsibility by self-insurer--Certificate of self-insurance.
Any person in whose name more than twenty-five vehicles are registered in this state may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the Department of Public Safety as provided in §32-35-91.
Source:
SL 1957, ch 212, §71; SDC Supp 1960, §44.03A66; SL 2004, ch 17, §172.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-91 - Conditions to issuance of certificate of self-insurance--Coverage of self-insurance.

32-35-91. Conditions to issuance of certificate of self-insurance--Coverage of self-insurance.
The Department of Public Safety may, in its discretion, upon the application of a person described in §32-35-90, issue a certificate of self-insurance when the department is satisfied that such person is possessed and will continue to be possessed of ability to pay judgments obtained against such person. Such certificate may be issued authorizing a person to act as a self-insurer for either property damage or bodily injury, or both.
Source:
SL 1957, ch 212, §71; SDC Supp 1960, §44.03A66; SL 2004, ch 17, §173.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-92 - Cancellation of certificate of self-insurance--Grounds--Failure to pay judgment.

32-35-92. Cancellation of certificate of self-insurance--Grounds--Failure to pay judgment.
Upon not less than five days' notice and a hearing pursuant to such notice, the Department of Public Safety may upon reasonable grounds cancel a certificate of self-insurance. Failure to pay any judgment within thirty days after such judgment shall have become final shall constitute a reasonable ground for the cancellation of a certificate of self-insurance.
Source:
SL 1957, ch 212, §71; SDC Supp 1960, §44.03A66; SL 2004, ch 17, §174.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-93 - Substitution of forms of proof of financial responsibility.

32-35-93. Substitution of forms of proof of financial responsibility.
The Department of Public Safety shall consent to the cancellation of any bond or certificate of insurance or the department shall direct and the state treasurer shall return any money or securities to the person entitled thereto upon the substitution and acceptance of other adequate proof of financial responsibility pursuant to this chapter.
Source:
SL 1957, ch 212, §60; SDC Supp 1960, §44.03A60; SL 2004, ch 17, §175.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-94 - Additional security when previous proof becomes inadequate--Suspension of license pending filing additional proof.

32-35-94. Additional security when previous proof becomes inadequate--Suspension of license pending filing additional proof.
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.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-95 - Periods during which proof must be maintained--Conditions for waiver of requirement of proof.

32-35-95. Periods during which proof must be maintained--Conditions for waiver of requirement of proof.
The Department of Public Safety shall upon request consent to the immediate cancellation of any bond or certificate of insurance, or the department shall direct and the state treasurer shall return to the person entitled thereto any money or securities deposited pursuant to this chapter as proof of financial responsibility, or the department shall waive the requirement of filing proof, in any of the following events:
(1)At any time after three years from the date such proof was required when during the three-year period preceding the request, the department has not received record of a conviction or a forfeiture of bail which would require or permit the suspension or revocation of the license or registration of the person by or for whom such proof was furnished; or
(2)In the event of the death of the person on whose behalf such proof was filed or the permanent incapacity of such person to operate a motor vehicle; or
(3)In the event the person who has given proof surrenders his license and registration to the department; or
(4)Upon satisfying a judgment in full if the judgment debtor has received his license and registration or nonresident's operating privilege pursuant to §32-35-54 and has furnished proof of financial responsibility continuously for the last three years.
Source:
SL 1957, ch 212, §62; SDC Supp 1960, §44.03A62; SL 1993, ch 240; SL 2004, ch 17, §176.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-96 - Conditions under which waiver or return of proof not permitted.

32-35-96. Conditions under which waiver or return of proof not permitted.
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.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-97 - Reapplication for license after return of proof--Conditions.

32-35-97. Reapplication for license after return of proof--Conditions.
Whenever any person whose proof has been canceled or returned under subdivision §32-35-95(3) applies for a license or registration within a period of three years from the date proof was originally required, any such application shall be refused unless the applicant shall reestablish such proof for the remainder of such three-year period.
Source:
SL 1957, ch 212, §62; SDC Supp 1960, §44.03A62.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-98 - Duty of departments to administer provisions of chapter--Rules.

32-35-98. Duty of departments to administer provisions of chapter--Rules.
The Department of Public Safety shall administer and enforce the provisions of this chapter relating to driver licensing and financial responsibility and may promulgate rules pursuant to chapter 1-26 necessary to administer the functions relating to driver licensing and financial responsibility. The Department of Revenue shall administer and enforce the provisions of this chapter relating to motor vehicle registration and license plates and may promulgate rules pursuant to chapter 1-26 necessary to administer the functions relating to motor vehicle registration and license plates.
Source:
SL 1953, ch 251, §2; SL 1957, ch 212, §2; SDC Supp 1960, §44.03A02; SL 2004, ch 17, §178; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-99 - Persons aggrieved by orders of departments--Consideration of information.

32-35-99. Persons aggrieved by orders of departments--Consideration of information.
The Department of Public Safety shall receive and consider any pertinent information upon request of persons aggrieved by its orders or acts under any of the provisions of this chapter relating to driver licensing or financial responsibility. The Department of Revenue shall receive and consider any pertinent information upon the request of any person aggrieved by its orders and acts under any of the provisions of this chapter relating to motor vehicle registration or license plates.
Source:
SL 1953, ch 251, §2; SL 1957, ch 212, §2; SDC Supp 1960, §44.03A02; SL 1974, ch 229, §2; SL 2004, ch 17, §179; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-100 - Forms necessary for purposes of chapter.

32-35-100. Forms necessary for purposes of chapter.
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.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-101 - Abstract of driver's operating record furnished by department--Contents--Certain accidents recorded separately--Fee.

32-35-101. Abstract of driver's operating record furnished by department--Contents--Certain accidents recorded separately--Fee.
The Department of Public Safety shall furnish to any person upon request a certified abstract of the operating record for the last three years of any person subject to the provisions of this chapter. This three-year limit does not apply to any person requesting his or her own abstract. The abstract shall include enumeration of any motor vehicle accidents in which the person has been involved and reference to any convictions of the person for a violation of the motor vehicle laws as reported to the department.
No accident may be entered on the driving record of a law enforcement officer, firefighter, or emergency medical technician if the accident occurred while the law enforcement officer, firefighter, or emergency medical technician was lawfully engaged in the performance of official duties and was driving an emergency vehicle. The accident shall be recorded separately. No accident may be entered on the driving record of an operator of emergency snow removal equipment if the accident resulted from the operator's response to an emergency call of duty as an operator of emergency snow removal equipment and the operator was lawfully engaged in the performance of official duties in support of an emergency call of duty by a law enforcement officer, firefighter, or emergency medical technician and was driving official snow removal equipment. The accident shall be recorded separately.
The department shall collect five dollars for each abstract. The fee shall be credited to the state motor vehicle fund. Any governmental entity or subdivision is exempt from this fee.
Source:
SL 1957, ch 212, §4; SDC Supp 1960, §44.03A04; SL 1970, ch 188; SL 1981, ch 252; SL 1985, ch 267; SL 1986, ch 271, §1; SL 1995, ch 186, §2; SL 2003, ch 272 (Ex. Ord. 03-1), §23; SL 2007, ch 181, §2; SL 2008, ch 162, §1; SL 2009, ch 152, §6; SL 2014, ch 240, §2; SL 2017, ch 145, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-101.1 - Department to provide driving records of policyholders to insurance companies.

32-35-101.1. Department to provide driving records of policyholders to insurance companies.
The Department of Public Safety may contract with an insurance company or its authorized information vendor to provide the entries made on the operating records of the insurance company's policyholders. The department may determine the periodic basis and the media on which the information will be provided. The cost of the service shall be determined by the parties. The information provided shall only be used by the insurance company receiving the information for purposes of dealing with its policyholders.
Source:
SL 1997, ch 197, §1; SL 2004, ch 17, §181.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-102 - Departments orders subject to contested case provisions.

32-35-102. Departments orders subject to contested case provisions.
Any order of the Department of Public Safety under the provisions of this chapter relating to driver licensing or financial responsibility is subject to the contested case provisions in §§1-26-16 to 1-26-37, inclusive. Any order of the Department of Revenue under the provisions of this chapter relating to motor vehicle registration or license plates is subject to the contested case provisions in §§1-26-16 to 1-26-37, inclusive.
Source:
SL 1957, ch 212, §3; SDC Supp 1960, §44.03A03; SL 2004, ch 17, §182; 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 32-35-103 - Inadmissibility of reports--Admissibility of testimony of investigating officer.

32-35-103. Inadmissibility of reports--Admissibility of testimony of investigating officer.
The inadmissibility of any report required in this chapter as evidence in any action, civil or criminal, shall not prevent the admission in evidence of the testimony of any investigating officer, which testimony as to what he saw, heard, or witnessed during the course of his investigation, shall be admissible in evidence in any action, civil or criminal.
Source:
SL 1957, ch 212, §77; SDC Supp 1960, §44.03A70.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-104 - Surrender of license or registration.

32-35-104. Surrender of license or registration.
Any person whose license or registration has been suspended under any provision of this chapter, or whose policy of insurance or bond, if required under this chapter, has been canceled or terminated, shall immediately return his license, and registration to the Department of Public Safety in accordance with §32-12-68.
Source:
SL 1957, ch 212, §§64, 68; SDC Supp 1960, §§44.03A64, 44.9945; SL 1984, ch 12, §9; SL 2003, ch 272, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-105 - Insurance required by other statutes unaffected.

32-35-105. Insurance required by other statutes unaffected.
Except for §32-35-89 this chapter shall not apply with respect to any vehicle which is subject to the requirements of any other act requiring insurance or other security with respect to any types of motor vehicles.
Source:
SL 1957, ch 212, §70; SDC Supp 1960, §44.03A65.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-107 - Other processes of law unaffected by chapter.

32-35-107. Other processes of law unaffected by chapter.
Nothing in this chapter shall be construed as preventing the plaintiff in any action at law from relying for relief upon the other processes provided by law.
Source:
SL 1957, ch 212, §73; SDC Supp 1960, §44.03A68.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-108 - Construction of chapter.

32-35-108. Construction of chapter.
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it.
Source:
SL 1957, ch 212, §74; SDC Supp 1960, §44.03A69.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-109 - Giving forged or unauthorized proof as misdemeanor.

32-35-109. Giving forged or unauthorized proof as misdemeanor.
Any person who shall forge, or, without authority, sign any evidence of proof of financial responsibility for the future, or who files or offers for filing any such evidence of proof knowing or having reason to believe that it is forged or signed without authority, shall be guilty of a Class 1 misdemeanor.
Source:
SL 1957, ch 212, §66; SDC Supp 1960, §44.9943.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-110 - Driving after suspension of license or registration as misdemeanor.

32-35-110. Driving after suspension of license or registration as misdemeanor.
Any person whose license or registration has been suspended under this chapter and who, during such suspension, drives any motor vehicle upon any highway or knowingly permits any vehicle of a type subject to registration under the laws of this state owned by such person to be operated by another upon any highway, except as permitted under this chapter, is guilty of a Class 2 misdemeanor.
Source:
SL 1957, ch 212, §67; SDC Supp 1960, §44.9944; SL 1976, ch 158, §43-6; SL 1989, ch 265, §32.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-111 - Transfer of vehicle after suspension of registration--Security interests unaffected--Suspension of unauthorized reregistration.

32-35-111. Transfer of vehicle after suspension of registration--Security interests unaffected--Suspension of unauthorized reregistration.
If an owner's registration has been suspended under this chapter, the Department of Revenue shall allow an owner to transfer a vehicle's registration to another person in the ordinary course of business or to a co-owner, as evidenced by the title, if the co-owner can provide written evidence of financial responsibility in the form provided by §§32-35-113 and 32-35-119.
Nothing in this section affects the rights of any conditional vendor, chattel mortgagee, or lessor of such a vehicle registered in the name of another as owner who becomes subject to the provisions of this chapter.
The Department of Revenue shall suspend the registration of any vehicle transferred in violation of the provisions of this section.
Source:
SL 1957, ch 212, §63; SDC Supp 1960, §44.03A63; SL 1988, ch 269; SL 2004, ch 17, §183; 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 32-35-113 - Maintenance of financial responsibility--Violation as misdemeanor.

32-35-113. Maintenance of financial responsibility--Violation as misdemeanor.
Every driver or owner of a motor vehicle shall at all times maintain in force one of the forms of financial responsibility on the motor vehicle by one of the following methods:
(1)Having in force on the motor vehicle an owner's policy of liability insurance as provided in §32-35-70;
(2)Having in force a bond as provided in §32-35-83;
(3)Having a certificate of deposit of money or securities as provided in §32-35-87, but in the amount of fifty thousand dollars; or
(4)Having 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.
Failure to maintain financial responsibility is a Class 2 misdemeanor.
Source:
SL 1986, ch 269, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-114 - Evidence of financial responsibility when detained for a suspected violation.

32-35-114. Evidence of financial responsibility when detained for a suspected violation.
Every person who drives a motor vehicle, required to be registered in this state, if requested by a law enforcement officer as a secondary action when the driver of the vehicle is detained for a suspected violation of Title 32 or some other offense, shall provide evidence of financial responsibility.
Source:
SL 1986, ch 269, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-115 - What constitutes evidence of financial responsibility.

32-35-115. What constitutes evidence of financial responsibility.
For the purposes of §32-35-114, evidence of financial responsibility is the name of the insurance or surety company which issued the motor vehicle liability policy and the number of the insurance policy or surety bond, the number of the certificate of deposit issued pursuant to §32-35-87, or is the number of the certificate of self insurance issued pursuant to §32-35-91.
Source:
SL 1986, ch 269, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-116 - Written evidence of financial responsibility when cited for violation or involved in accident--Electronic copy as written evidence--Citation for noncompliance.

32-35-116. Written evidence of financial responsibility when cited for violation or involved in accident--Electronic copy as written evidence--Citation for noncompliance.
If a driver of a motor vehicle required to be registered in the state is cited for a violation of Title 32 or is involved in a reportable motor vehicle accident, the driver of the motor vehicle shall furnish written evidence of financial responsibility upon request of the law enforcement officer issuing the citation or investigating the accident. For purposes of this section, an electronic copy of financial responsibility is written evidence if it meets the requirements of this section and is issued as an official electronic document by the insurer. The law enforcement officer shall indicate whether the driver has produced evidence of financial responsibility on the citation and shall write the driver's evidence of financial responsibility on the accident report. If the driver fails to provide evidence of financial responsibility at the time the citation or the accident report is issued, the law enforcement officer may issue the driver a citation for a violation of §32-35-113.
Source:
SL 1986, ch 269, §4; SL 1987, ch 241; SL 2014, ch 156, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-117 - Appearance before magistrate to provide written evidence of financial responsibility--Submission by mail in lieu of appearance--Dismissal of proceedings.

32-35-117. Appearance before magistrate to provide written evidence of financial responsibility--Submission by mail in lieu of appearance--Dismissal of proceedings.
Any person cited for a violation of §32-35-113, may personally appear before a magistrate, as designated on the citation, and provide written evidence of financial responsibility that is acceptable to the magistrate showing that the driver was in compliance with §32-35-113 at the time the citation was issued. In lieu of a personal appearance, the person may submit written evidence of financial responsibility by mail to the magistrate. Upon receipt by the magistrate of written evidence of financial responsibility that is acceptable to the magistrate further proceedings on the citation for a violation of §32-35-113 shall be dismissed.
Source:
SL 1986, ch 269, §5.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-118 - Applicability of financial responsibility program to owner when another person is driver--Notice to state's attorney--New and used motor vehicle dealers exempted.

32-35-118. Applicability of financial responsibility program to owner when another person is driver--Notice to state's attorney--New and used motor vehicle dealers exempted.
If a driver is stopped and requested to produce proof of financial responsibility does not do so, and is not the owner of that vehicle, but is operating that vehicle with the permission of the owner, the driver may not be cited, and the provisions of §§32-35-113 to 32-35-122, inclusive, apply to the owner rather than the driver. A law enforcement officer having stopped such a vehicle operated by someone other than the owner shall take down the necessary information and turn it over to the state's attorney for possible prosecution against the owner. However, the prosecuting attorney shall request that a summons be issued pursuant to §23A-2-2 rather than an arrest warrant.
However, the provisions of this section do not apply to any new or used motor vehicle dealer who in the course of his business may allow a customer to drive any new or used motor vehicle from his inventory of vehicles.
Source:
SL 1986, ch 269, §6; SL 1987, ch 242; SL 1989, ch 265, §33; SL 1993, ch 241.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-119 - Written evidence of insurance--Electronic copy as written evidence.

32-35-119. Written evidence of insurance--Electronic copy as written evidence.
With respect to persons asserting financial responsibility by means of a certificate of insurance, written evidence, for the purposes of §32-35-117, is a copy of the insurance policy or bond or an identification card with the insurance policy number, name of insurer, the effective date of coverage, and the date of expiration or written confirmation from the insurer that the person was insured at the time of citation. For purposes of this section, an electronic copy of financial responsibility is written evidence if it meets the requirements of this section and is issued as an official electronic document by the insurer.
Source:
SL 1986, ch 269, §7; SL 2014, ch 156, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-120 - Giving of false evidence of financial responsibility as misdemeanor.

32-35-120. Giving of false evidence of financial responsibility as misdemeanor.
Any person who provides false evidence of financial responsibility if requested by a law enforcement officer, pursuant to §32-35-116, or to the magistrate as permitted by §32-35-117, including an expired or conceded insurance policy, bond, or certificate or deposit number, is guilty of a Class 1 misdemeanor.
Source:
SL 1986, ch 269, §8.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-121 - Suspension of license as penalty for violation of 32-35-113 or 32-35-120.

32-35-121. Suspension of license as penalty for violation of 32-35-113 or 32-35-120.
The magistrate judge or circuit judge shall additionally suspend the driver's license of any person convicted of a violation of §32-35-113 or 32-35-120 for a period of not less than thirty days and not to exceed one year. Any drivers license surrendered to the court pursuant to this section shall be transmitted by the clerk of court together with the required report of the conviction, to the Department of Public Safety within ten days of the conviction.
Source:
SL 1986, ch 269, §9; SL 1987, ch 243, §1; SL 2003, ch 272, §23.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-122 - Restriction of driving privileges upon suspension under § 32-35-121--Establishment of financial responsibility as prerequisite.

32-35-122. Restriction of driving privileges upon suspension under §32-35-121--Establishment of financial responsibility as prerequisite.
Upon suspending a person's driving privileges pursuant to §32-35-121, the magistrate judge or circuit judge shall restrict the person's driving privileges to driving to and from the person's employment and to driving that is required in the person's course of employment.
However, before a person is permitted to drive under such a restriction, the person shall first establish one of the forms of financial responsibility specified in §32-35-113. The person shall maintain such financial responsibility for the period of the restriction. The restriction shall remain in effect for the period of suspension otherwise required by §32-35-121.
Source:
SL 1986, ch 269, §10; SL 1987, ch 243, §2; SL 1991, ch 252, §20; SL 1994, ch 255, §8.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 35 - Financial Responsibility Of Vehicle Owners And Operators › Section 32-35-124 - Public entities exempted from requirement to show mandatory financial responsibility.

32-35-124. Public entities exempted from requirement to show mandatory financial responsibility.
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.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 36 - Abandoned Derelict And Junk Motor Vehicles And Scrap Metals › Section 32-36-1 - Declaration of public interest in disposal.

32-36-1. Declaration of public interest in disposal.
Abandoned, derelict, and junk motor vehicles and other scrap metals constitute a hazard to the health and welfare of the people of the State of South Dakota in that such vehicles and other scrap metals can harbor noxious diseases, furnish shelter and breeding places for vermin, and present physical dangers to the safety and well-being of children and other citizens. Abandoned, derelict, and junk motor vehicles and other scrap metals also constitute a blight on the landscape of the State of South Dakota and, therefore, are a detriment to the environment. The indiscriminate abandonment and retirement of motor vehicles and other scrap metals constitute a waste of valuable sources of useful metal. It is therefore in the public interest that the present accumulation of abandoned, derelict, and junk motor vehicles and other scrap metals be eliminated, that future abandonment, dereliction, and junking of motor vehicles and other scrap metals be discouraged, that the expansion of existing scrap recycling facilities be developed, and that other acceptable and economically useful methods for the disposal of abandoned, derelict, and junk motor vehicles and other scrap metals be developed.
Source:
SL 1972, ch 197, §1.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 36 - Abandoned Derelict And Junk Motor Vehicles And Scrap Metals › Section 32-36-2 - Definition of terms.

32-36-2. Definition of terms.
Terms used in this chapter mean:
(1)"Abandoned motor vehicle," any motor vehicle left on a public street or highway or left on private property without the permission of the landowner or tenant;
(2)"Impounded vehicle," any vehicle removed or caused to be removed from a public highway pursuant to §32-30-19;
(3)"Junk motor vehicle," any motor vehicle which has been placed on the property of a recognized junk dealer for the purposes of salvage;
(4)"Motor vehicle," automobiles, motor trucks, motorcycles, house trailers, trailer coaches, cabin trailers, and all vehicles propelled by power other than muscular power, except traction engines, road rollers, fire trucks, wagons and engines, police and patrol wagons, farm wagons, freight trailers, and such vehicles as run only on rails or tracks;
(5)"Removal agency," any public body, private or nonprofit organization authorized to remove and salvage abandoned and junk motor vehicles and other scrap metals. The removal agency may be authorized by chapter 32-30 to remove vehicles, may be hired or appointed by a public body or may be in the business of removing or salvaging vehicles;
(6)"Scrap metals," waste or refuse metals that have been in actual use and have been abandoned and are fit only to be remanufactured or recycled.
Source:
SL 1972, ch 197, §2; SL 1985, ch 268, §1; SL 1987, ch 245, §1; SL 1988, ch 270, §1; SL 1998, ch 195, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 36 - Abandoned Derelict And Junk Motor Vehicles And Scrap Metals › Section 32-36-3 - Authority of removal agency generally.

32-36-3. Authority of removal agency generally.
Any removal agency may remove and salvage abandoned, and junk motor vehicles and other scrap metal and may locate, enumerate, and mark; secure authorization for removal; remove, collect, and store; and secure transportation to processing centers for any abandoned or junk motor vehicles and other scrap metals.
Source:
SL 1972, ch 197, §3; SL 1985, ch 268, §2.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 36 - Abandoned Derelict And Junk Motor Vehicles And Scrap Metals › Section 32-36-4 - Entry on land for purpose of removal.

32-36-4. Entry on land for purpose of removal.
Any removal agency may secure the necessary authorization or license from the owner or tenant of any land. After such authorization has been secured the removal agency may enter upon the land for the purpose of removing any abandoned or junk motor vehicles or other scrap metals.
Source:
SL 1972, ch 197, §4; SL 1985, ch 268, §3.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 36 - Abandoned Derelict And Junk Motor Vehicles And Scrap Metals › Section 32-36-4.1 - Removal of abandoned vehicles from private property without written permission prohibited.

32-36-4.1. Removal of abandoned vehicles from private property without written permission prohibited.
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.
2023 South Dakota Codified Laws › Title 32 - Motor Vehicles › Chapter 36 - Abandoned Derelict And Junk Motor Vehicles And Scrap Metals › Section 32-36-5 - Title information to be furnished to removal agency.

32-36-5. Title information to be furnished to removal agency.
For the purposes of this chapter, the Department of Revenue shall cooperate with any removal agency by providing the last known address of the record holder of title and any readily identifiable lien holders free of charge.
Source:
SL 1972, ch 197, §5 (3); SL 1973, ch 2, §34(a); SL 1984, ch 343, §§17, 18; SL 1985, ch 268, §4.