32-35-1
Definition of terms.
32-35-2
Proof of financial responsibility for the future defined.
32-35-3 to 32-35-12.
Repealed.
32-35-13
Repealed.
32-35-14 to 32-35-24.
Repealed.
32-35-25
Repealed.
32-35-26 to 32-35-42.
Repealed.
32-35-42.1, 32-35-42.2.
Repealed.
32-35-43
Proof of financial responsibility for future--Person convicted of certain
vehicle law offenses--Nonpayment of judgments.
32-35-43.1
Renewal of privileges only upon proof of financial responsibility for
future.
32-35-44
Suspension or revocation of license--Suspension respecting all vehicles
registered in offender's name.
32-35-45
Suspension not required--Furnishing proof of financial responsibility for
future.
32-35-46
Suspension not required--Government vehicles.
32-35-47
Duration of suspension--Future proof of financial responsibility.
32-35-47.1
Fee for reinstatement of suspended license.
32-35-48
Conviction of unlicensed person--Future issuance of license prohibited in
absence of proof of financial responsibility.
32-35-49
Conviction of nonresident--Suspension of operating privilege in absence
of proof of financial responsibility.
32-35-50
Failure to pay judgment--Forwarding copy of judgment to department.
32-35-51
Nonresident judgment debtor--Copy forwarded to state of residence.
32-35-52
Suspension of license for failure to pay judgment.
32-35-53
Suspension not required for government vehicles.
32-35-54
Consent of judgment creditor to nonsuspension--Default in payment of
judgment.
32-35-55
Suspension not required when insurer is liable--Failure of insurer to pay.
32-35-56
Judicial determination that insurer is not liable.
32-35-57
Duration of suspension--Satisfaction of judgment--Proof of future
financial responsibility.
32-35-58
Repealed.
32-35-59
Amount sufficient to satisfy judgment--Judgment deemed satisfied.
32-35-60
Payment of judgment in installments--Order permitting installments.
32-35-61
Installment payments and proof of financial responsibility as obviating
suspension.
32-35-62
Failure to pay installments--Suspension of licenses.
32-35-63
Vehicles unregisterable absent proof of financial responsibility.
32-35-64
Methods for furnishing proof of financial responsibility.
32-35-65
Certificate by insurance carrier as proof--Contents of certificate.
32-35-66
Certificate of insurance of nonresident--Carrier authorized to do business
locally--Conditions.
32-35-67
Default by nonresident insurer.
32-35-68
Motor vehicle liability policy defined.
32-35-69
Conditions of owner's policy--Description of vehicles.
32-35-70 Conditions of owner's policy--Coverage and amount--Filing and form requirements--Date of compliance.
32-35-71 Conditions of operator's policy--Nonowned vehicles--Limits of liability.
32-35-72 Contents of policies.
32-35-73 Workers' compensation coverage unnecessary.
32-35-74 Policies subject to particular provisions of law.
32-35-75 Excess or additional coverage not affected.
32-35-76 Permissive provisions in policy--Indemnification clause.
32-35-77 Permissive provisions--Other insurance prorated.
32-35-78 Permissive provisions--Concurrent insurance.
32-35-79 Binder as fulfilling requirements.
32-35-80 Notice to department of cancellation or termination of policy--Violation as misdemeanor--Termination by certification of replacement policy.
32-35-81 Other automobile policies unaffected.
32-35-82 Employers' policies unaffected.
32-35-83 Proof of financial responsibility by surety bond--Individual sureties--Amount of bond--Conditions.
32-35-84 Bond as lien on surety's property--Extent of lien--Recording of notice.
32-35-85 Recordation procedure--Fee for recordation--Disposition of fee.
32-35-86 Suit on bond of defaulting debtor--Foreclosure of lien--Procedure.
32-35-87 Money or securities as proof of financial responsibility--Amount--Judgments against depositor.
32-35-88 Disposition of money or securities deposited--Payment of judgments--Attachment or execution against deposit.
32-35-89 Proof by owner on behalf of certain drivers--Vehicles covered--Endorsement on license.
32-35-90 Proof of financial responsibility by self-insurer--Certificate of self-insurance.
32-35-91 Conditions to issuance of certificate of self-insurance--Coverage of self-insurance.
32-35-92 Cancellation of certificate of self-insurance--Grounds--Failure to pay judgment.
32-35-93 Substitution of forms of proof of financial responsibility.
32-35-94 Additional security when previous proof becomes inadequate--Suspension of license pending filing additional proof.
32-35-95 Periods during which proof must be maintained--Conditions for waiver of requirement of proof.
32-35-96 Conditions under which waiver or return of proof not permitted.
32-35-97 Reapplication for license after return of proof--Conditions.
32-35-98 Duty of departments to administer provisions of chapter--Rules.
32-35-99 Persons aggrieved by orders of departments--Consideration of information.
32-35-100 Forms necessary for purposes of chapter.
32-35-101 Abstract of driver's operating record furnished by department--Contents--Certain accidents recorded separately--Fee.
32-35-101.1 Department to provide driving records of policyholders to insurance companies.
32-35-102 Departments orders subject to contested case provisions.
32-35-103 Inadmissibility of reports--Admissibility of testimony of investigating officer.
32-35-104 Surrender of license or registration.
32-35-105 Insurance required by other statutes unaffected.
32-35-106 Repealed.
32-35-107 Other processes of law unaffected by chapter.
32-35-108 Construction of chapter.
32-35-109 Giving forged or unauthorized proof as misdemeanor.
32-35-110 Driving after suspension of license or registration as misdemeanor.
32-35-111 Transfer of vehicle after suspension of registration--Security interests unaffected--Suspension of unauthorized reregistration.
32-35-112 Repealed.
32-35-113 Maintenance of financial responsibility--Violation as misdemeanor.
32-35-114 Evidence of financial responsibility when detained for a suspected violation.
32-35-115 What constitutes evidence of financial responsibility.
32-35-116 Written evidence of financial responsibility when cited for violation or involved in accident--Electronic copy as written evidence--Citation for noncompliance.
32-35-117 Appearance before magistrate to provide written evidence of financial responsibility--Submission by mail in lieu of appearance--Dismissal of proceedings.
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.
32-35-119 Written evidence of insurance--Electronic copy as written evidence.
32-35-120 Giving of false evidence of financial responsibility as misdemeanor.
32-35-121 Suspension of license as penalty for violation of 32-35-113 or 32-35-120.
32-35-122 Restriction of driving privileges upon suspension under § 32-35-121--Establishment of financial responsibility as prerequisite.
32-35-123 Repealed.
32-35-124 Public entities exempted from requirement to show mandatory financial responsibility.
32-35-125 Low-speed vehicles.
32-35-1. Definition of terms.
Terms used in this chapter, unless the context otherwise plainly requires, shall mean:
(1) "Chauffeur," every person who is employed by another for the principal purpose of driving a motor vehicle and every person who drives a school bus transporting school children or any motor vehicle when in use for the transportation of persons or property for compensation;
(2) "Department," the Department of Public Safety;
(3) "Driver," every person who drives or is in actual physical control of a vehicle;
(4) "Judgment," any judgment which shall have become final by expiration without appeal of the time within which an appeal might have been perfected, or by final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action arising out of the ownership, maintenance, or use of any vehicle of a type subject to registration under the laws of this state, 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, or upon a cause of action on an agreement of settlement for such damages;
(5) "License," any operator's or chauffeur's license or any other license or permit to operate a motor vehicle issued under the laws of this state including:
(a) Any temporary license or instruction permit;
(b) The privilege of any person to drive a motor vehicle whether or not such person holds a valid license;
(c) Any nonresident's operating privilege as defined herein;
(6) "Motor vehicle," a vehicle that is self-propelled and a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. The term does not include an electric bicycle as defined in § 32-20B-9;
(7) "Nonresident," every person who is not a resident of this state;
(8) "Nonresident's operating privilege," the privilege conferred upon a nonresident by the laws of this state pertaining to the operation by such person of a motor vehicle, or the use of a vehicle owned by such person, in this state;
(9) "Operator," every person, other than a chauffeur, who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle;
(10) "Owner," a person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter;
(11) "Person," every natural person, firm, copartnership, association, or corporation;
(12) "Registration," the registration certificate or certificates and registration plates issued under the laws of this state pertaining to the registration of vehicles;
(13) "State," any state, territory, or possession of the United States, the District of Columbia, or any province of the Dominion of Canada;
(14) "Vehicle," every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
Source: SL 1953, ch 251, § 1; SL 1957, ch 212, § 1; SDC Supp 1960, § 44.03A01; SL 1974, ch 229, § 2; SL 2004, ch 17, § 150; SL 2019, ch 135, § 15.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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).
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.
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).
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).
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).
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).
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).
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).
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).
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).
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
