CHAPTER 32-9
COMMERCIAL MOTOR VEHICLE CERTIFICATES
32-9-1 Definitions.
32-9-2 Motor carrier defined.
32-9-3 Exceptions from definitions of motor carrier and commercial vehicle.
32-9-3.1 Fee required of harvest vehicle--Permit--Violation as misdemeanor.
32-9-3.2 Mounted specialized equipment included in weight to determine license fee--Violation as misdemeanor.
32-9-3.3 Infrequently used vehicle and equipment owners to file for license from department--Application form--Fee.
32-9-3.4 32-9-3.4. Repealed by SL 1988, ch 27, § 6.
32-9-3.5 Fee for commercial use of motorbus--Gross maximum weight.
32-9-4 Motor carriage as affected with public interest--Unusual impairment of highway
32-9-5 Presumption that motor carrier makes unusual use of highways.
32-9-6 Application to county treasurer--Nonresidents--Contents of application--Violation as misdemeanor.
32-9-7 Issuance of receipt, commercial motor vehicle certificate, and plates--Conspicuous display--Mailing fees--Violation as misdemeanor.
32-9-8 32-9-8. Repealed by SL 1977, ch 249, § 57.
32-9-8.1 Fees applicable to power unit or tractor only--Interchangeable trailers--Identification plates required--Fee--New plate upon title transfer--Disposition of fees--Trailers within a municipality--Violation as misdemeanor.
32-9-9 Loss or destruction of commercial plates--Duplicate plates--Fee--Disposition of fee--Report of loss.
32-9-10 Duties of department.
32-9-11 32-9-11. Repealed by SL 1977, ch 249, § 57.
32-9-12 Forwarding applications to department.
32-9-13 Registration of maximum gross weight of vehicle.
32-9-14 Overweight operation prohibited--Violation a misdemeanor.
32-9-15 Schedule of commercial motor vehicle fees per gross pounds--Older vehicles.
32-9-16 Time for payment of commercial motor vehicle fee--Time for display of plate--Violation as misdemeanor.
32-9-16.1 Promulgation of rules for staggered registration system.
32-9-16.2 Fees paid pursuant to chapter--Calculation.
32-9-16.3 Staggered registration of intrastate commercial vehicles.
32-9-17 Duration of commercial plates and decals--Payment for unexpired portion of year--Proration of fee.
32-9-17.1 Denial of registration or title to certain commercial motor carriers--Suspension or revocation or registration or permit--Conditions for issuance or restoration.
32-9-17.2 Denial of registration or title to motor carrier for failure to disclose information, making false statement, affiliation with ineligible person, or safety reasons--Conditions for issuance.
32-9-18 32-9-18 to 32-9-20. Repealed by SL 1978, ch 224, §§ 11 to 13.
32-9-21 Discontinuing use of vehicle--Return of plates and certificates--Portion of fees refunded.
32-9-22 Temporary thirty-day permit to operate as commercial motor vehicle--Multiple permits allowed--Fee schedule--Proof of previous registration as noncommercial vehicle.
32-9-22.1 Temporary nonhire permits for commercial vehicles--Fee--Disposition of fees--Limit on issuance.
32-9-23 32-9-23. Repealed by SL 1986, ch 242, § 9.
32-9-23.1 Alternate commercial fee by intrastate carriers--Amount of fees--Proof of registration or temporary permit--Certificate required for commercial use of certain noncommercial vehicles.
32-9-23.2 Application to pay alternative fee.
32-9-23.3 Alternative permit to be secured before movement--Violation as misdemeanor.
32-9-23.4 32-9-23.4. Repealed by SL 1988, ch 251, § 8.
32-9-23.5 Receipt issued on payment--Display on demand--Violation as misdemeanor.
32-9-23.6 32-9-23.6. Repealed by SL 1980, ch 226, § 6.
32-9-24 32-9-24, 32-9-24.1. Repealed by SL 1989, ch 264, §§ 12, 13.
32-9-25 32-9-25 to 32-9-27. Repealed by SL 1978, ch 224, §§ 14 to 16.
32-9-28 32-9-28 to 32-9-40. Repealed by SL 1977, ch 249, § 57.
32-9-41 Persons and entities required to comply with chapter.
32-9-42 32-9-42. Repealed by SL 1984, ch 225, § 5.
32-9-43 32-9-43. Repealed by SL 1989, ch 264, § 14.
32-9-44 Revocation or cancellation of certificate upon violation.
32-9-44.1 Failure to surrender suspended, revoked or canceled plate or certificate as misdemeanor--Assistance by peace officers.
32-9-44.2 Revocation, cancellation or suspension of certificate upon repeated violations of § 32-5-16.7.
32-9-45 Overweight operation of vehicle--Payment of additional fee--Payment no defense.
32-9-46 Fee award as part of criminal conviction for overweight operation--Nonpayment punishable by contempt.
32-9-47 Determination that vehicle was overweight--Variation of five percent.
32-9-48 32-9-48 to 32-9-52. Repealed by SL 1984, ch 309, §§ 8 to 12.
32-9-53 Gross weight of tow trucks and wreckers.
32-9-54 Fee for certain vehicles transporting passengers--Seating capacity--Maximum weight.
32-9-55 32-9-55, 32-9-56. Repealed by SL 2011, ch 142, §§ 1, 2.
32-9-57 Transporter plates for hauling new trailers--Violation as misdemeanor.
32-9-57.1 Revocation or suspension of transporter plate--Failure to surrender plate as misdemeanor.
32-9-58 Registration and permit required to move certain vehicles between job sites--Fee.
32-9-59 Use of vehicles with dealer 88 license plates--Violation as misdemeanor.
32-9-1. Definitions.
Terms used in this chapter mean:
(1) "Compensation," the charge imposed upon motor carriers in consideration of the unusual use of the public highways in this state by such motor carriers;
(2) "Compensation certificate," the certificate issued upon application by a motor carrier, as defined in §§ 32-9-2 and 32-9-3, showing authority to use and payment of compensation for the unusual use of the highways by the one to whom issued;
(3) "Commercial motor vehicle," any motor vehicle used or maintained for the transportation of persons or property for hire, compensation or profit or designed, used or maintained primarily for the transportation of property, and not specifically excluded under § 32-9-3;
(4) "Department," Department of Revenue;
(5) "For hire," for remuneration of any kind, paid or promised, either directly or indirectly, for the transportation of persons or property. An occasional accommodative transportation service by a person not in the transportation business while on an errand for himself, is not a service for hire, even though the person transported shares in the cost or pays for the service;
(6) "Gross weight," the total weight of the chassis, body, equipment, and maximum load of each motor vehicle, trailer, or semitrailer as fixed by the applicant for a compensation certificate;
(7) "Motor vehicle," all vehicles or machines propelled by any power other than muscular used upon the public highways for the transportation of persons or property or both. The term does not include an electric bicycle as defined in § 32-20B-9 or a multi-passenger quadricycle as defined in § 32-14-17;
(8) "Private business use," the transportation of persons or property for hire, compensation, profit, or remuneration of any kind, or the transportation of any property of a business venture not specifically excluded under § 32-9-3;
(9) "Public highway," every street, alley, public road, public thoroughfare, or highway in this state;
(10) "Secretary," secretary of revenue;
(11) "Semitrailer," any vehicle of the trailer type, equipped with a kingpin assembly, designed and used in conjunction with a fifth wheel connecting device on a motor vehicle and constructed so that some part of its weight and that of its load rests upon or is carried by another vehicle; and
(12) "Trailer," every vehicle without motive power designed to carry property or persons wholly on its own structure and to be drawn by a motor vehicle.
Source: SDC 1939, § 44.0401; SL 1945, ch 192; SL 1977, ch 249, § 17; SL 1978, ch 224, § 19; SL 1981, ch 239, § 1; SL 1988, ch 251, § 1; SL 1989, ch 256, § 8; SL 2004, ch 17, § 108; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2019, ch 135, § 12; SL 2024, ch 118, § 8.
32-9-2. Motor carrier defined.
Except as provided in § 32-9-3, the term, motor carrier, when used in this chapter means any person, copartnership, corporation, or limited liability company owning, controlling, operating, or maintaining a commercial vehicle.
Source: SDC 1939, § 44.0422; SL 1943, ch 160; SL 1953, ch 238; SL 1957, ch 230; SL 1977, ch 249, § 18; SL 2014, ch 139, § 10.
32-9-3. Exceptions from definitions of motor carrier and commercial vehicle.
For the purposes of this chapter, the following do not come within the definition of motor carriers or commercial vehicles if used in intrastate operations:
(1) A motor vehicle registered in South Dakota used to carry private business property of five hundred pounds or less;
(2) A motor vehicle chassis registered in South Dakota on which is mounted a cornsheller, grain cleaner, feed grinder, grain and alfalfa feed mixing machine, haystack mover, sawmill, water well drilling equipment, power shovel, ditchdigger, mobile crane which exceeds the maximum size or weight limits prescribed by chapter 32-22, drag line, posthole auger, and which is not used for demonstration or display purposes outside the limits of a municipality, or a truck tractor and trailer carrying permanently mounted hay grinding equipment;
(3) Any motor vehicle registered in South Dakota used for the transportation of liquid or solid livestock waste including trailers and equipment used to load liquid or solid livestock waste and any vehicle registered in South Dakota used for the application, distribution, spraying, or transportation from retail business to user of dry, liquid, or anhydrous ammonia fertilizers or agricultural chemicals;
(4) A motor vehicle registered in South Dakota of less than thirty thousand pounds gross weight owned by a merchant licensed under chapter 10-45 or the merchant's commissioned paid employee and used to transport the merchant's previously sold merchandise to a purchaser outside the limits of a municipality and to return exchanged property or to transport fuels to a purchaser within a municipality or an unincorporated town which is without such service;
(5) A motor vehicle registered in South Dakota, owned by a farmer of this state and used by or for the farmer to transport property for the farmer's farming operation, to transport farm property from farm to farm or from a community or market to the farm or from the farm to a community or market, to transport livestock in a vehicle or combination of vehicles registered at twenty-six thousand pounds or less without monetary compensation, or to transport farm property when the vehicles are used as reimbursement in the ordinary exchange of farm work;
(6) A motor vehicle registered in South Dakota operated by or for its owner and exclusively used to transport products originating in or produced from logging or mining operations or lumber milling waste products if such products are owned in fee by the motor vehicle owner;
(7) Any motor vehicle, trailer, semitrailer, motor propelled, or trailed vehicle chassis registered in South Dakota, which is used exclusively on the job site for the construction of township roads, stock water dugouts, dams, farm and ranch irrigation systems, or other soil and water conservation projects on farms and ranches, or for the construction or maintenance of highways in the State of South Dakota. Prior to moving any such vehicle or equipment between job sites or from job site to a central location, the owner shall register the vehicle or equipment pursuant to § 32-9-58;
(8) A motor vehicle used principally for providing prearranged transportation of persons to or from their place of employment and is operated by a person who does not drive the vehicle for the person's principal occupation, but is driving it only to or from the person's principal place of employment or for personal use as permitted by the owner of the vehicle;
(9) A motor vehicle that is not for hire and is operated solely for educational purposes by a student or an instructor as part of a heavy motor vehicle or heavy equipment operator's course offered by a nonprofit postsecondary institution located in the state;
(10) A motor vehicle used for personal purposes and not operated for private business use;
(11) A motor vehicle used for recreational purposes and not operated for private business use;
(12) A motor vehicle, trailer, semitrailer, motor propelled, or trailed vehicle chassis, registered in South Dakota and used to move equipment involved in soil and water conservation projects or township road work when operated between job sites or from a job site to a central location or point of repair;
(13) Any motor vehicle used by an implement dealer to transport farm machinery to and from a county fair or the state fair;
(14) A motor vehicle owned by a licensed motor vehicle dealer and used to transport inventory replacement vehicles to the dealer's principal place of business. For the purpose of this subdivision, motor vehicle does not include any motor vehicle which carries inventory replacement vehicles entirely upon its own structure;
(15) A school bus registered in South Dakota operated under the provisions of § 32-32-13 and in possession of a letter issued by the highway patrol for each event verifying the bus is operated in compliance with § 32-32-13; and
(16) A motor vehicle used to provide any prearranged ride as defined by § 32-40-1.
Source: SDC 1939, § 44.0422; SL 1943, ch 160; SL 1953, ch 238; SL 1957, ch 230; SL 1959, ch 256; SL 1959, ch 257; SL 1961, ch 235; SL 1969, ch 174, § 2; SL 1970, ch 171; SL 1971, ch 186; SL 1972, ch 175, § 2; SL 1977, ch 249, § 19; SL 1978, ch 224, §§ 21 to 24; SL 1979, ch 211; SL 1979, ch 212; SL 1979, ch 213; SL 1981, ch 239, §§ 2, 3A; SL 1981, ch 335, § 2; SL 1983, ch 236; SL 1983, ch 237, § 2; SL 1984, ch 224; SL 1985, ch 15, § 39; SL 1985, ch 250; SL 1985, ch 251; SL 1987, ch 224, § 1; SL 1987, ch 349, § 1; SL 1988, ch 250; SL 1989, ch 264, § 1; SL 1990, ch 247; SL 1991, ch 239, § 10A; SL 1991, ch 248; SL 1992, ch 213; SL 1992, ch 214; SL 1994, ch 249; SL 2000, ch 152, § 1; SL 2001, ch 164, § 3; SL 2016, ch 163, § 1; SL 2016, ch 167, § 23.
32-9-3.1. Fee required of harvest vehicle--Permit--Violation as misdemeanor.
Any motor vehicle or trailer owned and operated by a resident or a nonresident engaged in the harvest of agricultural products may be operated upon the highways, roads, and streets of this state upon payment of a seventy-five dollar fee. Payment of the fee is evidenced by a permit provided by the department affixed in a conspicuous place on the vehicle as the department may require.
Each permit, which is valid for a calendar year, must be purchased from the county treasurer of any county through which the owner or operator may travel, or from an agent, patrol officer, motor carrier enforcement officer, or motor carrier inspector of the Department of Public Safety. If the applicant requests that the permit be mailed, the applicant must pay one dollar and fifty cents per permit sent to the owner through the mail. All fees collected shall be handled, accounted for, and distributed in the same manner as the other fees provided for in this chapter. A violation of this section is a Class 2 misdemeanor.
Source: SL 1976, ch 187, § 2; SL 1979, ch 214, § 1; SL 1980, ch 217, § 1; SL 1988, ch 251, § 2; SL 1989, ch 255, § 229; SL 1989, ch 264, § 2; SL 2000, ch 140, § 3; SL 2004, ch 17, § 109; SL 2010, ch 157, § 6; SL 2014, ch 146, § 1; SL 2023, ch 98, § 7, eff. Mar. 14, 2023.
32-9-3.2. Mounted specialized equipment included in weight to determine license fee--Violation as misdemeanor.
The specialized equipment mounted on a motor vehicle chassis which is enumerated in subdivisions 32-9-3(2) and (3) is included in the vehicle weight used to determine license fees under the noncommercial schedule. A violation of this section is a Class 2 misdemeanor.
Source: SL 1977, ch 249, § 21; SL 1984, ch 225, § 1; SL 1989, ch 264, § 3; SL 1990, ch 233, § 1.
32-9-3.3. Infrequently used vehicle and equipment owners to file for license from department--Application form--Fee.
The owner of any vehicle or equipment as defined by subdivision 32-9-3(7) shall, prior to the calendar year in which it is to be operated, file an application for a license with the department. The application shall be on a form prescribed and furnished by the department and shall provide the department with the information necessary to implement this section. The fee shall be twenty-five dollars and shall be apportioned on a monthly basis.
Source: SL 1977, ch 249, § 20; SL 1981, ch 239, § 3; SL 1982, ch 230, § 1; SL 1989, ch 264, § 4; SL 2001, ch 164, § 2; SL 2007, ch 173, § 13.
32-9-3.5. Fee for commercial use of motorbus--Gross maximum weight.
For any vehicle, with a seating capacity of sixteen or more persons, including the driver, used as a motorbus in the transportation of persons for hire within the corporate limits of any city or town an annual license fee shall be based on the noncommercial vehicle fee schedule provided in § 32-5-6.3. The gross maximum weight shall be the unladen weight of the vehicle plus an additional two hundred pounds per passenger seating capacity.
Source: SL 1994, ch 240, § 2; SL 2003, ch 165, § 2.
32-9-4. Motor carriage as affected with public interest--Unusual impairment of highway.
The business of operating as a motor carrier as defined in §§ 32-9-2 and 32-9-3 upon the highways of this state is declared to be a business affected with the public interest. The rapid increase in motor carrier traffic over the highways of this state tends to subject said highways to unusual wear and impairs the said highways disproportionately to the travel thereon by the general public, necessitating compensation to the state for the maintenance, upkeep, and policing of the said highways, to the end that said highways may be maintained in the best possible condition for the convenience and use of the general public.
Source: SDC 1939, § 44.0420.
32-9-5. Presumption that motor carrier makes unusual use of highways.
For the purpose of this chapter, any person as defined in § 32-9-1, using the public highways of this state as a motor carrier, shall be deemed to be making unusual use of said highways.
Source: SDC 1939, § 44.0421.
32-9-6. Application to county treasurer--Nonresidents--Contents of application--Violation as misdemeanor.
Any person, corporation, or limited liability company desiring to operate a motor vehicle, trailer, semitrailer as a motor carrier of persons or property on the public highways of this state shall, before beginning the operations, cause to be presented to the county treasurer of the county of which the applicant is a resident, if the applicant be a resident of this state, and if a nonresident, then to the county treasurer of any county through which that applicant may travel, except as provided for interstate carriers, an application upon forms to be furnished and provided by the Department of Revenue. The application shall set forth the name of the manufacturer of the vehicle, the factory number, the engine number of the vehicle, the model of the vehicle, and the desired gross weight classification or rated maximum seating capacity of the vehicle, together with such other and additional information as the Department of Revenue may deem necessary. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0425; SL 1947, ch 195, § 2; SL 1949, ch 171; SL 1989, ch 255, § 24; SL 2004, ch 17, § 110; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2014, ch 139, § 11.
32-9-7. Issuance of receipt, commercial motor vehicle certificate, and plates--Conspicuous display--Mailing fees--Violation as misdemeanor.
On receipt of an application under § 32-9-6 and payment of the commercial motor vehicle fee, required by this chapter, and upon satisfactory evidence that the applicant has complied with all laws, rules, and regulations of this state covering motor vehicles and motor carriers, the county treasurer or department shall issue to the applicant a receipt that identifies the motor vehicle, trailer, or semitrailer and shall assign a number to the vehicle. The number shall be endorsed upon the application and receipt. The county treasurer or department shall issue to the applicant a commercial motor vehicle certificate bearing the number. The certificate shall be placed and carried in the vehicle in a conspicuous place and is subject to examination upon demand by any officer of this state, county, or municipality. The county treasurer or department shall issue to the applicant two commercial motor vehicle plates for each motor vehicle. Each county treasurer office shall be stocked with commercial license plates issued pursuant to this section and commercial trailer license plates issued pursuant to § 32-9-8.1. If the plates are mailed, the applicant must pay seven dollars and fifty cents per license plate or set of plates if the plate is sent to the owner through the mail, or one dollar and fifty cents per decal or set of decals if the decal is sent to the owner through the mail. If the applicant requests that the plate or decal be express mailed, the applicant must pay any costs for the express mailing service. Each plate must set forth the amount of gross weight in figures, and be in colors and designs for each classification specified in § 32-9-15. Each plate must be securely fastened to the front and rear end of each commercial motor vehicle in a conspicuous place. The county treasurer shall deposit in the county general fund any fees received for mailing or expressing a plate or sticker. The department shall deposit all fees received for mailing or expressing the plates or stickers in the state motor vehicle fund. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0425; SL 1947, ch 195, § 2; SL 1949, ch 171; SL 1951, ch 231; SL 1977, ch 249, § 22; SL 1978, ch 224, § 3; SL 1989, ch 255, § 25; SL 1989, ch 264, § 5; SL 1997, ch 187, § 1; SL 1999, ch 154, § 2; SL 2010, ch 157, § 7; SL 2018, ch 179, § 5; SL 2023, ch 98, § 8, eff. Mar. 14, 2023.
32-9-8.1. Fees applicable to power unit or tractor only--Interchangeable trailers--Identification plates required--Fee--New plate upon title transfer--Disposition of fees--Trailers within a municipality--Violation as misdemeanor.
All fees for a commercial vehicle apply to the power unit or tractor only. In the case of individual power units pulling interchangeable trailers or semitrailers, the commercial motor vehicle shall be licensed according to the largest gross maximum weight the power unit will haul. Each trailer or semitrailer shall have an identification plate displayed in a conspicuous manner as may be prescribed by the Department of Revenue.
The fee for the identification plate is ten dollars. The identification plate when issued is valid for the useful life of the trailer or semitrailer. However, if the title to the trailer or semitrailer is transferred the new owner shall within thirty days of the date of transfer make application to the Department of Revenue for a new identification plate. All revenue raised by the fees shall be placed in the license plate special revenue fund. A trailer licensed with an identification plate pursuant to this section may be pulled by a commercially licensed power unit or by a noncommercial power unit licensed for the gross weight of the motor vehicle. A violation of this section is a Class 2 misdemeanor.
Source: SL 1977, ch 249, § 24; SL 1989, ch 255, § 230; SL 1989, ch 264, § 6; SL 1992, ch 215, § 1; SL 2004, ch 17, § 111; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.
32-9-9. Loss or destruction of commercial plates--Duplicate plates--Fee--Disposition of fee--Report of loss.
Upon loss or destruction of any commercial motor vehicle plate the Department of Revenue shall furnish to the carrier a duplicate plate or plates upon the payment of the sum of ten dollars per plate at the time of the application for the duplicate plate; any funds derived from the issuance of a duplicate plate shall be deposited in the state license plate special revenue fund. If the plates are lost or stolen the department may not issue a duplicate set of plates until the loss or theft is reported to a law enforcement agency.
Source: SDC 1939, § 44.0425; SL 1947, ch 195, § 2; SL 1949, ch 171; SL 1955, ch 179; SL 1967, ch 204, § 1; SL 1977, ch 249, § 23; SL 1978, ch 224, § 4; SL 1986, ch 242, § 26; SL 2004, ch 17, § 112; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.
32-9-10. Duties of department.
The department shall make suitable provisions for the carrying out of the purposes of this chapter. The department shall furnish to the county treasurer all receipts, certificates, plates, and supplies required by this chapter.
Source: SDC 1939, § 44.0425; SL 1947, ch 195, § 2; SL 1949, ch 171; SL 1955, ch 179; SL 1967, ch 204, § 1; SL 1980, ch 217, § 2; SL 1989, ch 264, § 7.
32-9-12. Forwarding applications to department.
The county treasurer shall, at the close of each day during which the office has been open to the public, mail to the department the applications under this chapter received and registered during the day.
Source: SDC 1939, § 44.0425; SL 1947, ch 195, § 2; SL 1949, ch 171; SL 1989, ch 264, § 8.
32-9-13. Registration of maximum gross weight of vehicle.
Every person, corporation, or limited liability company desiring to operate a motor vehicle, trailer, or semitrailer as a motor carrier of property on the public highways of this state shall choose and fix at the time of registration the maximum gross weight of the motor vehicle, trailer, or semitrailer, without regard to the manufacturer's rated carrying capacity of the vehicle.
Source: SDC 1939, § 44.0424; SL 2014, ch 139, § 12.
32-9-14. Overweight operation prohibited--Violation a misdemeanor.
No person may operate a vehicle, trailer, or semitrailer as a commercial motor vehicle on the public highways of this state with a gross weight of more than the gross weight fixed and determined by the person and for which the person has paid commercial motor vehicle fees and received a commercial motor vehicle certificate. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0424; SL 1977, ch 249, § 25; SL 1989, ch 255, § 26; SL 1989, ch 264, § 9.
32-9-15. Schedule of commercial motor vehicle fees per gross pounds--Older vehicles.
In consideration of the unusual use of the public highways, each person, except as otherwise provided in this chapter, desiring to operate a motor vehicle, trailer, or semitrailer, upon the public highways of this state as a motor carrier, shall annually pay the commercial motor vehicle fee as follows, to the county treasurer of the county of which the person is a resident, if a carrier of property; or to the Department of Revenue, if the person is not a resident of this state:
(1) Gross weight under 4000 pounds, eighty-five dollars;
(2) Gross weight of 4001 to 6000 pounds, one hundred dollars;
(3) Gross weight of 6001 to 8000 pounds, one hundred fifteen dollars;
(4) Gross weight of 8001 to 10,000 pounds, one hundred thirty dollars;
(5) Gross weight of 10,001 to 12,000 pounds, one hundred fifty dollars;
(6) Gross weight of 12,001 to 14,000 pounds, one hundred seventy-five dollars;
(7) Gross weight of 14,001 to 16,000 pounds, two hundred dollars;
(8) Gross weight of 16,001 to 18,000 pounds, two hundred twenty-five dollars;
(9) Gross weight of 18,001 to 20,000 pounds, two hundred fifty dollars;
(10) For each additional 2000 pounds or major fraction thereof in excess of 20,000 pounds, forty dollars.
(11) For each vehicle or combination of vehicles as defined in § 32-22-10 with a gross weight in excess of 78,000 pounds, seven dollars in addition to the fee schedule above.
If any commercial motor vehicle, according to the manufacturer's model year designation, is ten years old or more on January first of the year for which a license fee is required, that fee is ninety percent of the fee ordinarily prescribed.
Source: SDC 1939, § 44.0426; SL 1939, ch 176, § 2; SL 1943, ch 161, § 2; SL 1947, ch 195, § 3; SL 1957, ch 231; SL 1961, ch 236; SL 1966, ch 138; SL 1967, ch 205; SL 1967, ch 206; SL 1968, ch 175; SL 1974, ch 214, § 1; SL 1975, ch 202; SL 1977, ch 249, § 26; SL 1982, ch 243, § 4; SL 2004, ch 17, § 113; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2011, ch 139, § 10.
32-9-16. Time for payment of commercial motor vehicle fee--Time for display of plate--Violation as misdemeanor.
Payment of the annual commercial motor vehicle fee shall be made before beginning an operation or anytime within ninety days prior to the vehicle's registration date. A commercial motor vehicle plate shall be displayed prior to beginning operation and during operation.
A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 44.0426; SL 1939, ch 176, § 2; SL 1943, ch 161, § 2; SL 1947, ch 195, § 3; SL 1957, ch 231; SL 1961, ch 236; SL 1967, ch 205; SL 1977, ch 249, § 27; SL 1988, ch 251, § 3; SL 1989, ch 255, § 26A; SL 1994, ch 250; SL 2010, ch 158, § 3.
32-9-16.1. Promulgation of rules for staggered registration system.
The secretary of revenue may promulgate rules pursuant to the provisions of chapter 1-26 to provide for a staggered registration system.
Source: SL 2004, ch 210, § 1; SL 2010, ch 158, § 5; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.
32-9-16.2. Fees paid pursuant to chapter--Calculation.
Any fee paid pursuant to this chapter shall be calculated by assessing one-twelfth of the annual registration fee times the number of months or any portion thereof for which the vehicle is being licensed.
Source: SL 2004, ch 210, § 2.
32-9-16.3. Staggered registration of intrastate commercial vehicles.
The annual registration of all intrastate commercial vehicles shall be staggered in accordance with the provisions set forth in §§ 32-5-2.1, 32-5-2.2, and 32-5-2.4.
Source: SL 2010, ch 158, § 1.
32-9-17. Duration of commercial plates and decals--Payment for unexpired portion of year--Proration of fee.
Each commercial motor vehicle plate or validation decal, intrastate and interstate, shall be valid from the date of issue to the last day of the assigned expiration month. If any plate is issued after the renewal month, the commercial motor vehicle fee shall be paid only for the unexpired portion of the registration period. For each full month which has passed before the license is purchased there shall be a one-twelfth reduction of the annual commercial motor vehicle fee. If a vehicle is being commercially licensed for the first time and the registration expiration date falls within ninety days, the applicant may choose to make payment for the current period and for the succeeding period and receive a license for the next registration year.
Source: SDC 1939, § 44.0426; SL 1939, ch 176, § 2; SL 1943, ch 161, § 2; SL 1947, ch 195, § 3; SL 1961, ch 236; SL 1977, ch 249, § 28; SL 1988, ch 251, § 4; SL 2010, ch 158, § 4.
32-9-17.1. Denial of registration or title to certain commercial motor carriers--Suspension or revocation or registration or permit--Conditions for issuance or restoration.
The department or its agent shall refuse to issue a registration, license plate, permit, or a certificate of title or to transfer any title on a vehicle licensed under chapter 32-9 or 32-10 that has been assigned to a commercial motor carrier who has been prohibited from operating by the Federal Motor Carrier Safety Administration. However, the department or its agent may allow a commercial motor carrier, who has been prohibited from operating by the Federal Motor Carrier Safety Administration, to transfer a title if the commercial motor carrier does not retain an interest, either directly or indirectly, in the vehicle.
The department or its agent may suspend, revoke, or remove the registration, plate, or any permit issued to any vehicle assigned to a commercial motor carrier who has been prohibited from operating by the Federal Motor Carrier Safety Administration.
If the prohibition by the Federal Motor Carrier Safety Administration is rescinded, the department or its agent may issue a registration, license plate, permit, or a certificate of title to the vehicle provided all other taxes and fees have been paid to the department.
Source: SL 2002, ch 154, § 1.
32-9-17.2. Denial of registration or title to motor carrier for failure to disclose information, making false statement, affiliation with ineligible person, or safety reasons--Conditions for issuance.
The department or its agent shall refuse to issue a registration, license plate, permit, or a certificate of title or to transfer any title on a vehicle licensed under chapter 32-9 or 32-10 if a motor carrier fails to disclose material information required, if the motor carrier has made a materially false statement on the application, or if the motor carrier's business is operated, managed, or otherwise controlled or affiliated with a person who is ineligible for registration, including the applicant, owner, relative, corporate officer, or shareholder. The department shall deny registration for a vehicle assigned to a motor carrier that has been taken out of service by the Federal Motor Carrier Safety Administration for safety reasons, or a carrier whose business is operated, managed, or otherwise controlled or affiliated with a person who is ineligible for registration, including the applicant, owner, relative, corporate officer, or shareholder.
The term, relative, as used in this section, means husband, wife, son, daughter, brother, sister, father, mother, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, or daughter-in-law.
If the prohibition by the Federal Motor Carrier Safety Administration is rescinded, the department or its agent may issue a registration, license plate, permit, or a certificate of title to the vehicle provided all other taxes and fees have been paid to the department.
Source: SL 2010, ch 159, § 1.
32-9-21. Discontinuing use of vehicle--Return of plates and certificates--Portion of fees refunded.
Each motor carrier desiring to discontinue using a vehicle as a commercial motor vehicle, may, on or before the termination of any year as provided in § 32-9-17, return the commercial motor vehicle plates and certificates to the county treasurer of the county where the vehicle was registered together with an application for the discontinuance. Upon satisfactory evidence that the carrier will not further operate the vehicle as a commercial motor vehicle, the county treasurer shall issue to the person, corporation, or limited liability company, so applying, a warrant for the amount due for the remaining months of that year less a ten dollar administrative fee which shall be retained by the county. The commercial motor vehicle plates and certificates shall be in the possession of the county treasurer on or before the fifth day of the month to receive credit for that month.
Source: SDC 1939, § 44.0426; SL 1939, ch 176, § 2; SL 1943, ch 161, § 2; SL 1947, ch 195, § 3; SL 1961, ch 236; SL 1977, ch 249, § 32; SL 1978, ch 224, § 5; SL 2014, ch 139, § 13; SL 2016, ch 47, § 9.
32-9-22. Temporary thirty-day permit to operate as commercial motor vehicle--Multiple permits allowed--Fee schedule--Proof of previous registration as noncommercial vehicle.
The fee schedule for a temporary permit to operate as a commercial motor vehicle for any thirty-day period shall be:
(1) Gross weight of four thousand pounds or less, nine dollars;
(2) Gross weight of 4001 to 6000 pounds, eleven dollars;
(3) Gross weight of 6001 to 8000 pounds, thirteen dollars;
(4) Gross weight of 8001 to 10,000 pounds, fifteen dollars;
(5) Gross weight of 10,001 to 12,000 pounds, eighteen dollars;
(6) Gross weight of 12,001 to 14,000 pounds, twenty-one dollars;
(7) Gross weight of 14,001 to 16,000 pounds, twenty-four dollars;
(8) Gross weight of 16,001 to 18,000 pounds, twenty-seven dollars;
(9) Gross weight of 18,001 to 20,000 pounds, thirty dollars;
(10) For each additional 2000 pounds or major fraction thereof in excess of 20,000 pounds, seven dollars.
A temporary permit may be issued for as many thirty-day periods as the applicant requests and pays the fee for. Proof of current registration as a motor vehicle within any jurisdiction for the current registration year shall be presented at the time of application for a temporary permit.
Source: SDC 1939, § 44.0425 as added by SL 1949, ch 171; SL 1955, ch 179; SL 1967, ch 204, § 1; SL 1977, ch 249, § 33; SL 1978, ch 224, § 6; SL 1991, ch 249; SL 1992, ch 215, § 2; SL 1993, ch 228.
32-9-22.1. Temporary nonhire permits for commercial vehicles--Fee--Disposition of fees--Limit on issuance.
The owner of a commercial motor vehicle may obtain from the office of any county treasurer a temporary nonhire permit to operate on the highways of this state. This permit shall be issued by the county treasurer upon payment of the fee prescribed under § 32-5-107. The permit conditions and restrictions contained by that section apply to this permit. This permit may be issued to the owner of a commercial motor vehicle who has returned the commercial plates pursuant to § 32-9-21 and has shown a need to operate this motor vehicle on the highway. The fee shall be reported and forwarded monthly by the county treasurer to the Department of Revenue. These remittances shall be credited to the revolving license plate fund pursuant to chapter 32-11. Only one permit shall be issued yearly per motor vehicle.
Source: SL 1979, ch 210; SL 1986, ch 242, § 33; SL 1991, ch 242, § 2; SL 2004, ch 17, § 114; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.
32-9-23.1. Alternate commercial fee by intrastate carriers--Amount of fees--Proof of registration or temporary permit--Certificate required for commercial use of certain noncommercial vehicles.
Motor carriers who make use of the highways of this state or haul overweight loads under special permit on the highways of this state may elect to pay a commercial motor vehicle fee of fifteen dollars per vehicle per trip. Proof of a valid motor vehicle registration, or temporary permit as provided in § 32-6B-26, shall be presented at the time of application for the permit.
Source: SL 1971, ch 197, § 1; SL 1977, ch 249, § 35; SL 1984, ch 225, § 2; SL 1987, ch 213, § 2; SL 1988, ch 251, § 5; SL 1989, ch 264, § 10.
32-9-23.2. Application to pay alternative fee.
If a motor carrier in intrastate commerce elects to pay the commercial motor vehicle fee pursuant to § 32-9-23.1, the carrier shall make application to an agent, patrol officer, motor carrier enforcement officer, or motor carrier inspector of the Department of Public Safety.
Source: SL 1971, ch 197, § 2; SL 1977, ch 249, § 36; SL 1980, ch 217, § 3; SL 1988, ch 251, § 6; SL 2000, ch 140, § 4; SL 2004, ch 17, § 115.
32-9-23.3. Alternative permit to be secured before movement--Violation as misdemeanor.
Application to pay commercial motor vehicle fees pursuant to § 32-9-23.2 shall be made and the permit secured prior to the motor carrier beginning the movement over the highways. A violation of this section is a Class 2 misdemeanor.
Source: SL 1971, ch 197, § 3; SL 1977, ch 249, § 37; SL 1988, ch 251, § 7; SL 1989, ch 255, § 27.
32-9-23.5. Receipt issued on payment--Display on demand--Violation as misdemeanor.
Upon payment of the permit fee set forth in § 32-9-23.1, the carrier shall be issued a receipt which shall be the permit to move such vehicle pursuant to the permit. The carrier shall retain the receipt or permit in the carrier's possession for display upon demand of any agent, patrol officer, motor carrier enforcement officer, or motor carrier inspector of the Department of Public Safety.
A violation of this section is a Class 2 misdemeanor.
Source: SL 1971, ch 197, § 5; SL 1988, ch 251, § 9; SL 1989, ch 255, § 29; SL 1989, ch 264, § 11; SL 2000, ch 140, § 5; SL 2004, ch 17, § 116.
32-9-41. Persons and entities required to comply with chapter.
Each person, corporation, or limited liability company operating a motor vehicle, trailer, or semitrailer as a motor carrier on the highways of this state, whether engaged in business wholly in this state, or partly in this state and partly in an adjoining state, shall comply with the provisions of this chapter pertaining to the type of operation engaged in by the carrier.
Source: SDC 1939, § 44.0427; SL 1984, ch 225, § 4; SL 2014, ch 139, § 14.
32-9-44. Revocation or cancellation of certificate upon violation.
The department may, pursuant to chapter 1-26, revoke and cancel or suspend the commercial motor vehicle certificate which belongs to a person who violates any provision of this chapter.
Source: SDC 1939, § 44.9927; SL 1977, ch 249, §§ 42, 57; SL 1978, ch 158, § 27; SL 1989, ch 255, § 23; SL 1989, ch 264, § 15.
32-9-44.1. Failure to surrender suspended, revoked or canceled plate or certificate as misdemeanor--Assistance by peace officers.
It is a Class 1 misdemeanor for any carrier to fail or refuse to surrender to the Department of Revenue upon its lawful demand any commercial motor vehicle license plate or certificate which has been suspended, revoked or canceled. If any person shall fail to return the commercial motor vehicle certificate or license to the secretary of revenue after lawful demand, the secretary shall forthwith direct any peace officer to secure possession thereof and return it to the secretary.
Source: SL 1975, ch 201, § 2; SL 1977, ch 249, § 43; SL 2004, ch 17, § 117; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.
32-9-44.2. Revocation, cancellation or suspension of certificate upon repeated violations of § 32-5-16.7.
The department may, pursuant to chapter 1-26, revoke and cancel or suspend the commercial motor vehicle certificate which belongs to any person who the court has assessed a civil penalty pursuant to § 32-5-16.7 four or more times within a one-year period.
Source: SL 2002, ch 148, § 4.
32-9-45. Overweight operation of vehicle--Payment of additional fee--Payment no defense.
Any motor carrier who shall operate upon the public highway any motor vehicle the weight of which, together with its load, shall exceed the gross weight of such vehicle specified in his application and authorized in the commercial motor vehicle certificate, shall be thereby deemed to have specified such greater weight and to have agreed to pay the appropriate fee and shall forthwith pay the amount by which the correct fee therefor, for the full term of the authorized operation of such motor vehicle under his certificate or permit, exceeds the amount of fee actually paid. Such additional amount is compensation and not a penalty or fine, and the payment thereof does not constitute a defense or bar to conviction for such, or any other violation of this chapter.
Source: SDC 1939, § 44.0431; SL 1953, ch 239; SL 1977, ch 249, § 44; SL 1989, ch 255, § 28.
32-9-46. Fee award as part of criminal conviction for overweight operation--Nonpayment punishable by contempt.
The obligation to pay commercial motor vehicle fees under § 32-9-45 shall be calculated and incorporated in the judgment of any court wherein a motor carrier has been convicted of any offense involving the overweight operation of any motor vehicle upon the highways of this state, and failure to obtain the compensation and present the court with a receipt indicating payment therefor within a time specified by the court shall be punishable by contempt proceedings.
Source: SDC 1939, § 44.0431 as added by SL 1953, ch 239; SL 1977, ch 249, § 45.
32-9-47. Determination that vehicle was overweight--Variation of five percent.
For the purpose of this chapter, in determining the gross weight of vehicle or vehicles, and load combined, a variation of five percent, but not to exceed one thousand pounds in excess of the maximum weights herein provided, is hereby allowed, without such variation constituting a violation of this chapter.
Source: SDC 1939, § 44.0431; SL 1953, ch 239.
32-9-53. Gross weight of tow trucks and wreckers.
For the purposes of this chapter, the gross weight, as defined in subdivision 32-9-1(6), for tow trucks or wreckers, as defined and operated in §§ 31-8-15 and 31-8-15.1, is the actual weight of the equipped motor vehicle and does not include the weight of the motor vehicle being towed or hauled.
Source: SL 1983, ch 235, § 1; SL 1989, ch 264, § 16.
32-9-54. Fee for certain vehicles transporting passengers--Seating capacity--Maximum weight.
Except as to motor passenger buses operating exclusively within the corporate limits of any municipality, there shall be paid as the annual license fee for any vehicle in the transportation of persons for hire over the highways of this state, with a seating capacity of sixteen or more passengers, including the driver, a fee based on the provisions of § 32-9-15. The gross maximum weight shall be the largest gross maximum weight the unit will haul.
Source: SL 1986, ch 242, § 38; SL 1992, ch 60, § 2; SL 2003, ch 165, § 3.
32-9-57. Transporter plates for hauling new trailers--Violation as misdemeanor.
Any commercial motor carrier located in the state hauling a new trailer with a manufacturer's statement of origin or certificate of title and who has registered with the Department of Revenue as a transporter may use a transporter plate upon the streets and highways for in-transit purposes. The fee for a transporter plate is fifty dollars and the fee shall be deposited in the license plate special revenue fund. Any new trailer bearing a transporter plate may be used on the most direct route from the trailer's manufacturer to the licensed trailer dealer for a period of ten days. A bill of lading that contains the origin and destination of the new trailer shall accompany each movement. No transporter may use a transporter plate for any other purpose. A violation of this section is a Class 2 misdemeanor.
Source: SL 2000, ch 153, § 1; SL 2004, ch 17, § 118; SL 2005, ch 71, § 11; SL 2007, ch 179, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.
32-9-57.1. Revocation or suspension of transporter plate--Failure to surrender plate as misdemeanor.
The department may, pursuant to chapter 1-26, revoke or suspend the transporter plate issued pursuant § 32-9-57 which belongs to any transporter. It is a Class 1 misdemeanor for any transporter to fail or refuse to surrender to the department upon its lawful demand any transporter plate which has been revoked or suspended.
Source: SL 2002, ch 148, § 5; SL 2005, ch 71, § 12.
32-9-58. Registration and permit required to move certain vehicles between job sites--Fee.
Before any motor vehicle, trailer, semitrailer, motor propelled, or trailed vehicle chassis defined in subdivision 32-9-3(7) is moved between job sites or from one job site to a central location, the owner shall register the unit pursuant to § 32-9-3.3 and purchase a five dollar permit for the movement of the vehicle or equipment on the roads and highways or register the vehicle or equipment pursuant to § 32-5-6.3, 32-5-8, or 32-5-8.1. The owner shall purchase the permit from an agent, patrol officer, motor carrier enforcement officer, or motor carrier inspector of the Department of Public Safety. The permit shall be prescribed by the secretary of revenue and the permit fees shall be deposited credited to the local government highway and bridge fund created pursuant to § 32-11-34.
Source: SL 2001, ch 164, § 4; SL 2004, ch 17, § 119; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.
32-9-59. Use of vehicles with dealer 88 license plates--Violation as misdemeanor.
Any new or used vehicle owned by a licensed vehicle dealer, bearing a dealer's 88 license plate issued pursuant to the provisions of §§ 32-6B-22.1 and 32-6B-22.2 may operate such vehicle for the licensed dealership as a motor carrier or any prospective buyer may operate such vehicle as a motor carrier for demonstration purposes for a period of three days, in accordance with the provisions of § 32-6B-25 under the following conditions:
(1) The motor vehicle shall comply with all provisions of this chapter pertaining to overweight operation;
(2) The actual gross weight of the vehicle and load does not exceed the licensed gross weight; and
(3) The gross weight tonnage fees shall be paid pursuant to § 32-9-15 with the tonnage sticker affixed to the 88 plate prior to operation as a motor carrier.
If a used or new vehicle dealer permits the use by a prospective buyer, pursuant to this section, a vehicle bearing the dealer's 88 license plate, the dealer shall maintain a log detailing the use. The log shall include the name and address of the prospective buyer, the dates of use, and the description of the vehicle including the vehicle identification number, make, and model. This log shall be available for inspection, during normal business hours, by any law enforcement officer or dealer inspector appointed by the department.
Any violation of this section is a Class 2 misdemeanor.
Source: SL 2004, ch 208, § 3; SL 2013, ch 142, § 1.
