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32-35-1Definition 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.


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