CHAPTER 64:32:01
PRORATION AND RECIPROCITY
Section
64:32:01:01 Minimum fee for cab cards.
64:32:01:02 Transfer credit.
64:32:01:03 Transfer refunds.
64:32:01:04 Revocation of license.
64:32:01:05 Collection and distribution of fees for other jurisdictions.
64:32:01:01. Minimum fee for cab cards. Three dollars shall be charged for all duplicate cab cards issued for any reason, including, but not limited to, the following circumstances:
(1) A name change of the license holder;
(2) A weight increase for any licensed unit; and
(3) The addition of states to the cab card.
Source: SL 1975, ch 16, § 1; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:03:01:01, SL 1985, ch 399, §§ 17, 18, effective April 15, 1985; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 17 SDR 4, effective July 18, 1990.
General Authority: SDCL 32-10-3.
Law Implemented: SDCL 32-10-17.
64:32:01:02. Transfer credit. A vehicle replacing a licensed vehicle may receive credit for licensing fees already paid on the replaced vehicle for that year. A unit which is the same age and weight class as a unit being replaced may receive a cab card and license plates upon payment of the three-dollar cab card fee. A unit which is newer or heavier than the unit being replaced may be licensed upon payment of the three-dollar cab card fee plus the difference between the license fee previously paid and the fee due on the replacement vehicle.
Source: 5 SDR 51, 5 SDR 53, effective January 2, 1979; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:03:01:02, SL 1985, ch 399, §§ 17, 18, effective April 15, 1985; 13 SDR 129, 13 SDR 134, effective July 1, 1987.
General Authority: SDCL 32-10-3.
Law Implemented: SDCL 32-10-17.
64:32:01:03. Transfer refunds. An applicant replacing a licensed vehicle with an older or lighter vehicle may receive a refund if the refund due the applicant exceeds five dollars. An applicant receiving a refund shall then license his replacement vehicle and pay the licensing fee plus the ten-dollar power unit identification fee.
Source: 5 SDR 51, 5 SDR 53, effective January 2, 1979; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:03:01:03, SL 1985, ch 399, §§ 17, 18, effective April 15, 1985; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 17 SDR 4, effective July 18, 1990.
General Authority: SDCL 32-10-3.
Law Implemented: SDCL 32-3-18.
64:32:01:04. Revocation of license. Failure of an applicant to pay the correct and required licensing, registration, and fixed fees for each state in which commerce is conducted may, upon the department's compliance with SDCL 1-26, result in the applicant's license revocation.
Source: 5 SDR 51, 5 SDR 53, effective January 2, 1979; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:03:01:04, SL 1985, ch 399, §§ 17, 18, effective April 15, 1985; 13 SDR 129, 13 SDR 134, effective July 1, 1987.
General Authority: SDCL 32-10-3.
64:32:01:05. Collection and distribution of fees for other jurisdictions. The department may collect and distribute to member jurisdictions of the International Registration Plan all license fees due those jurisdictions by South Dakota-based carriers.
Source: 5 SDR 51, 5 SDR 53, effective January 2, 1979; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:03:01:05, SL 1985, ch 399, §§ 17, 18, effective April 15, 1985; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 30 SDR 58, effective November 5, 2003.
General Authority: SDCL 32-10-3.
CHAPTER 64:32:02
RECIPROCAL AGREEMENTS
Section
64:32:02:01 Definitions.
64:32:02:02 Definition of "interstate movement."
64:32:02:03 Definition of "intrastate movement."
64:32:02:04 to 64:32:02:06 Repealed.
64:32:02:07 Agreement does not apply to motor fuel tax laws.
64:32:02:08 Size and weight laws exempt from agreement.
64:32:02:09 Repealed.
64:32:02:10 Loss of reciprocity by overweight vehicle.
64:32:02:11 Rights retained by jurisdictions.
64:32:02:12 Repealed.
64:32:02:13 Termination upon 30 days' notice.
64:32:02:14 and 64:32:02:15 Repealed.
64:32:02:01. Definitions. Terms defined in SDCL 32-10-1 have the same meaning in this chapter. Unless the context plainly requires otherwise, the terms used in this chapter also apply to the reciprocal agreements.
Source: 8 SDR 31, effective October 1, 1981; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:03:02:01, SL 1985, ch 399, §§ 17, 18, effective April 15, 1985; 13 SDR 129, 13 SDR 134, effective July 1, 1987.
General Authority: SDCL 32-10-3.
Law Implemented: SDCL 32-10-3.
64:32:02:02. Definition of "interstate movement." "Interstate movement" is transportation which originates in one jurisdiction and passes into or through other jurisdictions for delivery in a jurisdiction other than the jurisdiction of origin.
Source: 8 SDR 31, effective October 1, 1981; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:03:02:02, SL 1985, ch 399, §§ 17, 18, effective April 15, 1985; 13 SDR 129, 13 SDR 134, effective July 1, 1987.
General Authority: SDCL 32-10-3.
Law Implemented: SDCL 32-10-3.
64:32:02:03. Definition of "intrastate movement." "Intrastate movement" is transportation which originates within a jurisdiction for delivery in the same jurisdiction regardless of the route traversed.
Source: 8 SDR 31, effective October 1, 1981; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:03:02:03, SL 1985, ch 399, §§ 17, 18, effective April 15, 1985; 13 SDR 129, 13 SDR 134, effective July 1, 1987.
General Authority: SDCL 32-10-3.
Law Implemented: SDCL 32-10-3.
64:32:02:04. Agreement applies to vehicle operated on interstate basis only -- Proper registration required.Repealed.
Source: 8 SDR 31, effective October 1, 1981; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:03:02:04, SL 1985, ch 399, §§ 17, 18, effective April 15, 1985; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 17 SDR 4, effective July 18, 1990.
64:32:02:05. Vehicle registered in one jurisdiction exempt from registration requirements of other.Repealed.
Source: 8 SDR 31, effective October 1, 1981; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:03:02:05, SL 1985, ch 399, §§ 17, 18, effective April 15, 1985; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 17 SDR 4, effective July 18, 1990.
64:32:02:06. Agreement does not affect other reciprocal agreements.Repealed.
Source: 8 SDR 31, effective October 1, 1981; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:03:02:06, SL 1985, ch 399, §§ 17, 18, effective April 15, 1985; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 14 SDR 95, repealed January 10, 1988.
64:32:02:07. Agreement does not apply to motor fuel tax laws. A reciprocal agreement does not apply to motor fuel tax laws of either jurisdiction or to fees imposed by the regulatory commissions of either jurisdiction which cannot be waived and are therefore not subject to reciprocity.
Source: 8 SDR 31, effective October 1, 1981; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:03:02:07, SL 1985, ch 399, §§ 17, 18, effective April 15, 1985; 13 SDR 129, 13 SDR 134, effective July 1, 1987.
General Authority: SDCL 32-10-3.
Law Implemented: SDCL 32-10-4.
64:32:02:08. Size and weight laws exempt from agreement. A reciprocal agreement does not apply to size and weight requirements imposed by the laws of either jurisdiction, nor does the agreement waive compliance with the traffic laws in effect in either jurisdiction. Vehicles not complying with size and weight requirements shall lose all reciprocal privileges for that particular trip.
Source: 8 SDR 31, effective October 1, 1981; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:03:02:08, SL 1985, ch 399, §§ 17, 18, effective April 15, 1985; 13 SDR 129, 13 SDR 134, effective July 1, 1987.
General Authority: SDCL 32-10-3.
Law Implemented: SDCL 32-10-29.
64:32:02:09. Vehicles excluded from agreement.Repealed.
Source: 8 SDR 31, effective October 1, 1981; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:03:02:09, SL 1985, ch 399, §§ 17, 18, effective April 15, 1985; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 17 SDR 4, effective July 18, 1990.
64:32:02:10. Loss of reciprocity by overweight vehicle. A vehicle having a gross weight in excess of the gross weight for which it is registered and for which fees and taxes have been paid shall lose all privileges to which it may otherwise be entitled under a reciprocal agreement. Vehicles without proper registration documents in possession shall lose all reciprocal privileges for that particular trip.
Source: 8 SDR 31, effective October 1, 1981; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:03:02:10, SL 1985, ch 399, §§ 17, 18, effective April 15, 1985; 13 SDR 129, 13 SDR 134, effective July 1, 1987.
General Authority: SDCL 32-10-3.
Law Implemented: SDCL 32-10-29.
64:32:02:11. Rights retained by jurisdictions. Each of the parties to a reciprocal agreement retain the right to require the display of a permit, sticker, or other means of identification. Each of the parties retain the right to cancel immediately the reciprocal privileges of a vehicle which violates the provisions of the agreement. Each jurisdiction entering into a reciprocal agreement may act unilaterally in denying reciprocal privileges to any particular nonresident.
Source: 8 SDR 31, effective October 1, 1981; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:03:02:11, SL 1985, ch 399, §§ 17, 18, effective April 15, 1985; 13 SDR 129, 13 SDR 134. effective July 1, 1987.
General Authority: SDCL 32-10-3.
Law Implemented: SDCL 32-10-29.
64:32:02:12. Annual review required.Repealed.
Source: 8 SDR 31, effective October 1, 1981; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:03:02:12, SL 1985, ch 399, §§ 17, 18, effective April 15, 1985; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 17 SDR 4, effective July 18, 1990.
64:32:02:13. Termination upon 30 days' notice. A reciprocal agreement shall continue in force from the effective date contained in the agreement and may be terminated upon 30 days' written notice by either jurisdiction.
Source: 8 SDR 31, effective October 1, 1981; 8 SDR 87, 8 SDR 134, effective July 1, 1982; transferred from § 61:03:02:13, SL 1985, ch 399, §§ 17, 18, effective April 15, 1985; 13 SDR 129, 13 SDR 134, effective July 1, 1987.
General Authority: SDCL 32-10-3.
Law Implemented: SDCL 32-10-4.
64:32:02:14. International
Registration Plan (IRP) provisions. Repealed.
Source: 17 SDR 4, effective July 18, 1990; repealed,
35 SDR 48, effective September 8, 2008.
64:32:02:15. IRP
mileage calculations -- Application of terms "total miles" and
"in-jurisdiction miles." Repealed.
Source: 17 SDR 4, effective July 18, 1990; repealed,
35 SDR 48, effective September 8, 2008.
