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32-10 INTERSTATE RECIPROCITY AND PROPORTIONAL REGISTRATION OF FLEETS
CHAPTER 32-10

INTERSTATE RECIPROCITY AND PROPORTIONAL REGISTRATION OF FLEETS

32-10-1      Definitions.
32-10-2      Policy to encourage reciprocal or proportional registration agreements.
32-10-3      Authority of department to execute agreements, arrangements or declarations--Rules.
32-10-3.1      Commission abolished--Performance of functions--Collection and forwarding of fees.
32-10-3.2      Promulgation of rules for staggered registration system.
32-10-3.3      Fees paid pursuant to chapter--Calculation.
32-10-3.4      Staggered registration of interstate motor carriers.
32-10-4      Agreements with other states respecting taxes, fees, or charges against vehicles--Scope of agreement.
32-10-5      General terms of agreement--Reciprocity.
32-10-6      Fleet licensing--Apportionment of fees based on miles traveled.
32-10-7      Registration, license, or other fixed fees apportioned according to miles traveled.
32-10-8      Intrastate vehicles excepted--Intrastate vehicles operating under authority of public utilities commission.
32-10-9      Repealed.
32-10-10      Administrator's authority to examine laws of foreign jurisdiction to determine local benefits.
32-10-11      Reciprocity--Local resident with vehicles registered out of state.
32-10-12      Eligibility for reciprocity--Annual statement--Contents.
32-10-13      Reciprocity--Leased vehicles operated by lessee.
32-10-14      Reciprocity--Extending privileges to out-of-state vehicles in absence of agreement.
32-10-15      Proportional registration of fleets of commercial vehicles in interstate commerce--Application to administrator--Contents of application.
32-10-16      Fee accompanying application--Computation of fee.
32-10-17      Issuance of plates or registration cards--Paper or electronic proof--Fees.
32-10-17.1      Alteration or forging of registration card prohibited--Violation as felony.
32-10-18      Computation of fees--Plate for power unit--Identification fee--Deposit of fees.
32-10-19      Refund of power unit fee no longer in use--Amount of refund.
32-10-20      Proportionally registered interstate fleet vehicles--Intrastate vehicles--Vehicles operating under authority of public utilities commission.
32-10-21      Proportional registration of vehicles subsequently added to proportionally registered fleet.
32-10-22      Withdrawal of vehicle from proportionally registered fleet--Surrender of proportional registration cards.
32-10-23      Application for proportional registration of interstate fleet--Contents of application--Computation of in-state miles.
32-10-24      Denial of proportional registration where foreign state denies similar registration.
32-10-25      Records kept for proportionally registered fleet--Inspection by administrator--Joint audits.
32-10-26      Repealed.
32-10-27      Statute as authority for proportional registration--Other statutes inapplicable.
32-10-28      Otherwise registered vehicles not required to be proportionally registered--Temporarily registered vehicles.
32-10-29      Suspension or cancellation of benefits to violating carrier.
32-10-29.1      Failure to surrender suspended, revoked or canceled plates or registration card as misdemeanor--Assistance by peace officers.


32-10-30      Form and filing of agreements made pursuant to statute--Access to instruments--Public distribution.
32-10-31      Agreements made prior to enactment of statute.
32-10-32      Construction of statute.
32-10-33      Severability and saving clause.
32-10-34      Possession of registration documents required--Violation as misdemeanor.
32-10-35      Disposition of fees collected.
32-10-36      Information required to title a vehicle .
32-10-37      Billing--Late penalty--Temporary operating authority--Failure to provide additional information--Penalty.
32-10-38      Unladen vehicle permits--Restrictions--Violation as misdemeanor.
32-10-39      Application for unladen vehicle permit.
32-10-40      Fuel tax returns and payment of fuel taxes.
32-10-41      Promulgation of rules regarding unladen vehicle permits.


32-10-1Definitions.

Terms used in this chapter mean:

(1)    "Administrator," the secretary of revenue;

(2)    "Commercial vehicle," any vehicle which is operated in interstate commerce in furtherance of any commercial enterprise;

(3)    "Department," the Department of Revenue;

(4)    "Interstate commerce," the movement of a vehicle between jurisdictions but does not include the movement of any vehicle which transports or is being used to transport persons or property, the transportation of which originates in one jurisdiction and passes into or through another jurisdiction or jurisdictions, for delivery in the jurisdiction in which the transportation originated;

(5)    "Jurisdiction," a state, district, territory, or possession of the United States, a foreign country, and a state or province of a foreign country;

(6)    "Motor vehicle," shall have the meaning ascribed to it by § 32-9-1;

(7)    "Owner," as defined in subdivision 32-3-1(16), except that for the purposes of proportional registration of vehicles as authorized and provided in §§ 32-10-10 and 32-10-15 to 32-10-28, inclusive, "owner" means a person who holds a legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale 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 in the event while a vehicle is subject to a lease with an immediate right of possession vested in the lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee, lessee or mortgagee is considered to be the owner;

(8)    "Person" shall have the meaning ascribed to it by §  32-9-1;

(9)    "Preceding year," a period of twelve consecutive months fixed by the administrator which period shall be within the sixteen months immediately preceding the commencement of the registration or license year for which proportional registration is sought; and the administrator in fixing such period shall make it conform to the terms, conditions, and requirements of any applicable agreement or arrangement for the proportional registration of vehicles;

(10)    "Properly registered," as applied to place of registration:

(a)    The jurisdiction where the person registering the vehicle has his legal residence; or

(b)    In the case of a commercial vehicle, the jurisdiction in which it is registered if the commercial enterprise in which such vehicle is used has a place of business therein, and, if the vehicle is most frequently dispatched, garaged, serviced, maintained, operated, or otherwise controlled in or from such place of business, and, the owner has assigned the vehicle to such place of business; or

(c)    In the case of a commercial vehicle, the jurisdiction where, because of an agreement or arrangement between two or more jurisdictions, or pursuant to a declaration, the vehicle has been registered as required by said jurisdiction.

In case of doubt or dispute as to the proper place of registration of a vehicle, the administrator shall make final determination, but in making such determination, may confer with administrators of the other states or jurisdictions affected;

(11)    "Vehicle" shall have the meaning ascribed to it by § 32-9-1.

Source: SL 1961, ch 237, § 2; SL 1988, ch 251, § 11; SL 2004, ch 17, § 120; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.


32-10-2Policy to encourage reciprocal or proportional registration agreements.

It is the policy of this state to promote and encourage the fullest possible use of its highway system by authorizing the making and execution of motor vehicle reciprocal or proportional registration agreements, arrangements, and declarations with other states, provinces, territories, and countries with respect to vehicles registered in this and such other states, provinces, territories, and countries thus contributing to the economic and social development and growth of this state.

Source: SL 1961, ch 237, § 1.


32-10-3Authority of department to execute agreements, arrangements or declarations--Rules.

The Department of Revenue may execute agreements, arrangements, or declarations to carry out the provisions of this chapter. The department may specify, by rules passed pursuant to chapter 1-26, the requirements such agreements, arrangements, or declarations must conform to, before they will be executed. The secretary of revenue may adopt reasonable and necessary rules to provide for registration of commercial vehicles involved in multi-jurisdiction commerce as follows:

(1)    Cab card fees;

(2)    Transfer of credits or refunds;

(3)    Revocation of license;

(4)    Collection and distribution of fees for other jurisdictions;

(5)    Reciprocal agreements with other jurisdictions affecting interstate movement of vehicles.

Source: SL 1961, ch 237, § 3; SL 1966, ch 139; SL 1972, ch 176; SL 1975, ch 203; SL 1982, ch 18, § 20; SL 2004, ch 17, § 121; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.


32-10-3.1Commission abolished--Performance of functions--Collection and forwarding of fees.

The motor vehicle reciprocity commission is abolished, and all its functions shall be administered by the Department of Revenue as provided by § 1-35-30. The reciprocity and proration administrator shall be the secretary of revenue and all fees collected under the provisions of this chapter shall be forwarded by the secretary to the state treasurer.

Source: SL 1973, ch 2, § 231; SL 1974, ch 3, § 13; SL 2004, ch 17, § 122; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.


32-10-3.2Promulgation 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, § 3; SL 2010, ch 158, § 6; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.


32-10-3.3Fees 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, § 4.


32-10-3.4Staggered registration of interstate motor carriers.

Each interstate motor carrier registering a vehicle under the provisions of chapter 32-10 shall be allowed to select a renewal month of February, May, August, or November. Each license plate or validation decal issued on a staggered basis shall expire on the last day of the month assigned for the renewal. If no renewal month is selected by the motor carrier or the department cannot accommodate the renewal month selected, a renewal month shall be assigned by the department. Each fleet assigned to the motor carrier shall be registered or renewed in the same renewal month.

Source: SL 2010, ch 158, § 2.


32-10-4Agreements with other states respecting taxes, fees, or charges against vehicles--Scope of agreement.

The Department of Revenue may enter into an agreement or arrangement with the duly authorized representatives of another jurisdiction, granting to vehicles or to owners or operators of vehicles which are properly registered or licensed in such jurisdiction and for which evidence of compliance is supplied, benefits, privileges, and exemptions from the payment, wholly or partially, of any taxes, fees, or other charges imposed upon such vehicles, owners, or operators with respect to the operation or ownership of such vehicles under the laws of this state. Each such agreement or arrangement shall, in the judgment of the department, be in the best interest of this state and the citizens thereof and shall be fair and equitable to this state and the citizens thereof, and all of the same shall be determined on the basis and recognition of the benefits which accrue to the economy of this state from the uninterrupted flow of commerce.

Source: SL 1961, ch 237, § 4; SL 2004, ch 17, § 123; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.


32-10-5General terms of agreement--Reciprocity.

An agreement or arrangement pursuant to § 32-10-4 shall provide that vehicles properly registered or licensed in this state when operated upon highways of such other jurisdiction shall receive exemptions, benefits, and privileges of a similar kind or to a similar degree as are extended to vehicles properly registered or licensed in such jurisdiction when operated in this state.

Source: SL 1961, ch 237, § 4.


32-10-6Fleet licensing--Apportionment of fees based on miles traveled.

If any jurisdiction permits or requires the licensing of fleets of vehicles in interstate or combined interstate and intrastate commerce and payment of registration fees, license taxes, or other fixed fees thereon on an apportionment basis commensurate with and determined by the miles traveled on and the use made of said jurisdiction's highways as compared with the miles traveled on and the use made of other jurisdiction's highways or any other equitable basis of apportionment, and exempts vehicles registered in other jurisdictions under such apportionment basis from the requirement of full payment of its own registration, license, or other fixed fees, then the administrator may by agreement adopt such exemption with respect to vehicles of such fleets, whether owned by residents or nonresidents of this state and regardless of where based.

Source: SL 1961, ch 237, § 5.


32-10-7Registration, license, or other fixed fees apportioned according to miles traveled.

Agreements pursuant to § 32-10-6, under such terms, conditions, or restrictions as the administrator deems proper, may provide that owners or operators of vehicles operated in interstate or combined interstate and intrastate commerce in this state shall be permitted to pay registration, license, or other fixed fees on an apportionment basis commensurate with and determined by the miles traveled on and the use made of the highways of this state or any other equitable basis or apportionment.

Source: SL 1961, ch 237, § 5.


32-10-8Intrastate vehicles excepted--Intrastate vehicles operating under authority of public utilities commission.

No agreement pursuant to § 32-10-6 shall authorize, or be construed as authorizing, any vehicle registered under § 32-10-7 to be operated in intrastate commerce in this state unless the owner or operator thereof has been granted intrastate authority or rights by the South Dakota Public Utilities Commission if such grant is otherwise required by law.

Source: SL 1961, ch 237, § 5.


32-10-9
     32-10-9.   Repealed by SL 1982, ch 18, § 21.


32-10-10Administrator's authority to examine laws of foreign jurisdiction to determine local benefits.

In the absence of an agreement or arrangement with any jurisdiction, the administrator may examine the laws and requirements of such jurisdiction and declare the extent and nature of exemptions, benefits, and privileges to be extended to vehicles properly registered or licensed in such other jurisdiction, or to the owners or operators of such vehicles, which shall, in the judgment of best interests of this state and the citizens thereof and which shall be fair and equitable to this state and the citizens thereof, and all of the same shall be determined on the basis and recognition of the benefits which accrue to the economy of this state from the free flow of commerce.

Source: SL 1961, ch 237, § 6.


32-10-11Reciprocity--Local resident with vehicles registered out of state.

A person, firm, corporation, or limited liability company residing in or organized under the laws of South Dakota, but having a place of business in a foreign country, state, territory, or federal district and owning a motor vehicle used in connection with and garaged at such place of business which it is compelled to register in the foreign jurisdiction, shall be deemed a resident of the foreign jurisdiction and a nonresident of this state within the meaning of this chapter for the purposes of enjoying the reciprocity privileges, upon complying with the terms of § 32-10-12.

Source: SL 1961, ch 237, § 7; SL 2014, ch 139, § 15.


32-10-12Eligibility for reciprocity--Annual statement--Contents.

A person, firm, corporation, or limited liability company described in § 32-10-11 shall, on or before the first day of January of each year, file with the Department of Revenue a verified statement showing for the preceding year:

(1)    Total amount paid to the State of South Dakota for commercial motor vehicle licenses on any such vehicles;

(2)    Total amount which would have been paid to the State of South Dakota if all such vehicles had been licensed in South Dakota;

(3)    Total miles traveled in South Dakota by all motor vehicles owned or leased by the operator;

(4)    Total miles traveled by all motor vehicles owned or leased by the operator.

If the statement establishes that the ratio of (1) to (2) is at least as great as the ratio of (3) to (4), the secretary of revenue may certify that the operator is eligible for the reciprocity provisions granted in §§ 32-10-5 to 32-10-11, inclusive.

Source: SL 1961, ch 237, § 8; SL 1977, ch 249, § 46; SL 2004, ch 17, § 124; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2014, ch 139, § 16.


32-10-13Reciprocity--Leased vehicles operated by lessee.

An agreement or arrangement entered into, or a declaration issued under the authority of this chapter, may contain provisions under which a leased vehicle properly registered by the lessor thereof may be entitled subject to terms and conditions stated therein, to the exemptions, benefits, and privileges extended by such agreement, arrangement, or declaration when such vehicle is operated by the lessee.

Source: SL 1961, ch 237, § 9.


32-10-14Reciprocity--Extending privileges to out-of-state vehicles in absence of agreement.

If no agreement, arrangement, or declaration is in effect with respect to another jurisdiction as authorized by this chapter, any vehicle properly registered or licensed in such other jurisdiction and for which evidence of compliance is supplied, shall receive, when operated in this state, the same exemptions, benefits, and privileges granted by such other jurisdiction to vehicles properly registered in this state. Reciprocity extended under this section shall apply to commercial vehicles only when engaged exclusively in interstate commerce.

Source: SL 1961, ch 237, § 10.


32-10-15Proportional registration of fleets of commercial vehicles in interstate commerce--Application to administrator--Contents of application.

Any owner engaged in operating one or more fleets, each consisting of one or more commercial vehicles in this state in interstate commerce, may, in lieu of registering each vehicle individually, register and license each fleet for operation in this state by filing a verified application with the administrator which shall contain the following information and such other vehicle registration information as the administrator may require:

(1)    Fleet miles, which is the total number of miles operated by all vehicles within the fleet in all jurisdictions during the preceding year;

(2)    In-state miles, which is the total number of miles operated by all vehicles within the fleet in this state during the preceding year;

(3)    A description and identification of each vehicle contained within the fleet which is intended to be operated in this state during the registration year for which proportional fleet registration is requested;

(4)    Verification that the fleet vehicles are registered under an interstate fuel user license issued by this state prior to the date when fleet registration is submitted.

Source: SL 1961, ch 237, § 11 (1); SL 1978, ch 225, § 2; SL 1990, ch 230, § 9.


32-10-16Fee accompanying application--Computation of fee.

The application under § 32-10-15 for each fleet shall be accompanied by a total fee payment computed as follows:

(1)    Divide in-state miles by fleet miles;

(2)    Determine the total amount necessary to register every vehicle in the fleet for which registration is requested based on the regular annual registration fees prescribed by the South Dakota Codified Laws;

(3)    Multiply the sum obtained under subdivision (2) by the fraction obtained under subdivision (1).

Source: SL 1961, ch 237, § 11 (2); SL 1977, ch 249, § 47.


32-10-17Issuance of plates or registration cards--Paper or electronic proof--Fees.

The administrator shall register the vehicles described and identified in an application pursuant to § 32-10-15 and shall issue a license plate or plates, or a vehicle registration card, or other suitable identification device, for each vehicle described in the application upon payment of the fees for registration and licensing and for the vehicle registration cards or other identification devices. A fee of three dollars shall be paid for each card or device issued for each proportionally registered vehicle. The card shall, in addition to the information required by chapter 32-5, identify the number of the license or other device issued for the proportionally registered vehicle and shall be carried in the vehicle at all times or, in the case of a combination, in the vehicle supplying the motive power. For purposes of this section, the operator may provide proof in either paper or electronic format including a display of an electronic image on an electronic device. In addition to the registration fees, the department shall collect from the owner five dollars per license plate or set of plates when a plate is sent to the owner through the mail or one dollar per decal or set of decals if a decal is sent to the owner through the mail. If the applicant requests that the plate or decal be express mailed, the applicant shall pay any costs for the express mailing service.

Source: SL 1961, ch 237, § 12 (1); SL 1988, ch 251, § 12; SL 1994, ch 240, § 7; SL 2010, ch 157, § 5; SL 2018, ch 195, § 2.


32-10-17.1Alteration or forging of registration card prohibited--Violation as felony.

No person may alter or forge, or may cause to be altered or forged, a vehicle registration card or other temporary registration device or copy thereof issued by the department pursuant to this chapter or chapter 32-9. Any violation of this section is a Class 6 felony.

Source: SL 1988, ch 251, § 14; SL 1990, ch 230, § 8.


32-10-18Computation of fees--Plate for power unit--Identification fee--Deposit of fees.

The administrator shall compute all fees pursuant to existing statutes for the vehicle being licensed and issue a distinctive single plate which shall be displayed upon the power unit and entitles that power unit to tow any trailer properly licensed in any jurisdiction. In addition there shall be paid upon each power unit operating under the provisions of this section an identification fee of ten dollars. All fees collected under this section shall be deposited in the state highway fund.

Source: SL 1961, ch 237, § 28 as added by SL 1967, ch 209, § 1; SL 1977, ch 249, § 48; SL 1977, ch 253; SL 1978, ch 224, § 8; SL 1980, ch 218; SL 1984, ch 207, § 77; SL 1990, ch 230, § 10.


32-10-19Refund of power unit fee no longer in use--Amount of refund.

If a power unit operating under the provisions of this chapter is taken out of service for any reason or if ownership of such power unit has been or is transferred to another owner, or is transferred out of the State of South Dakota, upon surrender of the license plate assigned to such power unit, the administrator shall refund that portion of the fee paid which represents the unused portion of the licensing period for such power unit less a five dollar administrative fee which shall be credited to the state motor vehicle fund. The license plate shall be in the possession of the administrator, on or before the fifth day of the month, to receive credit for that month.

Source: SL 1961, ch 237, § 29 as added by SL 1967, ch 209, § 1; SL 1977, ch 249, § 49; SL 1978, ch 224, § 9; SL 1990, ch 230, § 11.


32-10-20Proportionally registered interstate fleet vehicles--Intrastate vehicles--Vehicles operating under authority of public utilities commission.

Proportionally registered interstate fleet vehicles registered and identified under § 32-10-17 shall be deemed to be fully licensed and registered in this state for any type of movement or operation, except that, in those instances in which a grant of authority is required for intrastate movement or operation, no such vehicle shall be operated in intrastate commerce in this state unless the owner or operator thereof has been granted intrastate authority or rights by the South Dakota Public Utilities Commission and unless said vehicle is being operated in conformity with such authority or rights.

Source: SL 1961, ch 237, § 12 (2).


32-10-21Proportional registration of vehicles subsequently added to proportionally registered fleet.

Vehicles acquired by the owner after the commencement of the registration year and subsequently added to a proportionally registered fleet shall be proportionally registered by applying the mileage percentage used in the original application for such fleet for such registration period to the regular registration fees due with respect to such vehicle for the remainder of the registration year.

Source: SL 1961, ch 237, § 13.


32-10-22Withdrawal of vehicle from proportionally registered fleet--Surrender of proportional registration cards.

If any vehicle is withdrawn from a proportionally registered fleet during the period for which it is registered under the provisions of this chapter, the owner of such fleet shall so notify the administrator on appropriate forms to be prescribed by the administrator. The administrator may require the owner to surrender proportional registration cards and such other identification devices which have been issued with respect to such vehicle as the administrator may deem advisable.

Source: SL 1961, ch 237, § 14.


32-10-23Application for proportional registration of interstate fleet--Contents of application--Computation of in-state miles.

Application for proportional registration of an interstate fleet to be operated in this state for the first time shall state the mileage data with respect to such fleet for the preceding year in other jurisdictions and the estimated annual mileage for such fleet in this state. If no operations were conducted with such fleet during the preceding year, the application shall contain a full statement of the proposed method of operation and estimates of annual mileage in this state and other jurisdictions. From the application so submitted the administrator shall fix the in-state and total fleet miles to be used by him in determining the mileage proportion for such fleet, and in so doing may evaluate and adjust the estimate in the application of the administrator if not satisfied as to the correctness thereof.

Source: SL 1961, ch 237, § 15.


32-10-24Denial of proportional registration where foreign state denies similar registration.

The administrator may refuse to accept proportional registration applications for the registration of vehicles based in, or owned by residents of, another jurisdiction that does not grant similar registration privileges to fleet vehicles based in or owned by residents of this state.

Source: SL 1961, ch 237, § 16.


32-10-25Records kept for proportionally registered fleet--Inspection by administrator--Joint audits.

Any owner whose application for proportional registration has been accepted shall preserve the records on which the application is based for a period of four full years following the year or period upon which said application is based. Upon request of the administrator, the owner agrees to make such records available to the administrator at his office for audit as to accuracy of computations and payments, or to pay the reasonable costs of an audit at the home office of the owner by a duly appointed representative of the administrator. The administrator may enter into agreements with agencies of other jurisdictions administering motor vehicle registration laws for joint audits of any such owner.

Source: SL 1961, ch 237, § 17.


32-10-26
     32-10-26.   Repealed by SL 1984, ch 30, § 44; SL 1984, ch 207, § 78.


32-10-27Statute as authority for proportional registration--Other statutes inapplicable.

The provisions of § 32-10-10 and of §§ 32-10-15 to 32-10-27, inclusive, and the other applicable provisions of this chapter shall constitute complete authority for the registration of fleet vehicles upon a proportional registration basis and without reference to or application of any other statutes of this state except as in this chapter expressly provided; but the registration of fleet vehicles under this chapter shall be subject to the rights, terms, and conditions granted by or contained by any applicable contract, agreement, arrangement, or declaration made by the administrator and shall also be prorated in accordance with the formula established in § 32-10-16.

Source: SL 1961, ch 237, § 19; SL 1978, ch 225, § 3.


32-10-28Otherwise registered vehicles not required to be proportionally registered--Temporarily registered vehicles.

Nothing contained in this chapter relating to proportional registration of fleet vehicles shall be construed as requiring any vehicle to be proportionally registered if it is otherwise registered in this state for the operation in which it is engaged including, but not by way of limitation, regular registration, temporary registration, or trip permit fee or registration.

Source: SL 1961, ch 237, § 20.


32-10-29Suspension or cancellation of benefits to violating carrier.

Agreements, arrangements, or declarations made under the authority of this chapter may include provisions authorizing the administrator to suspend or cancel exemptions, benefits, or privileges granted thereunder for a violation of any of the conditions or terms of such agreements, arrangements, or declarations or a violation of the laws of this state relating to motor vehicles or rules and regulations lawfully promulgated thereunder.

Source: SL 1961, ch 237, § 21.


32-10-29.1Failure to surrender suspended, revoked or canceled plates or registration card as misdemeanor--Assistance by peace officers.

It is a Class 1 misdemeanor for any person to fail or refuse to surrender to the Department of Revenue upon its lawful demand any proportional license plates and registration card which has been suspended, revoked, or canceled. If any person shall fail to return the proportional license plate or registration card to the secretary of revenue after lawful demand, the secretary shall forthwith direct any peace officer to secure possession thereof and return the same to the secretary.

Source: SL 1975, ch 201, § 3; SL 2004, ch 17, § 125; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.


32-10-30Form and filing of agreements made pursuant to statute--Access to instruments--Public distribution.

All agreements, arrangements, and declarations authorized by this chapter shall be in writing and shall be filed in the office of the administrator. A copy of each agreement, arrangement, or declaration shall be filed within fifteen days after execution or the effective date of the instrument, whichever is the later. The administrator shall provide access to the instrument to any agency administering or enforcing laws relating to vehicles. The administrator shall provide copies for public distribution upon request.

Source: SL 1961, ch 237, § 22; SL 2003, ch 48, § 2.


32-10-31Agreements made prior to enactment of statute.

All reciprocity and proportional registration agreements, arrangements, and declarations relating to vehicles in force and effect on February 25, 1961, shall continue in force and effect until specifically amended or revoked as provided by law or by such agreements or arrangements.

Source: SL 1961, ch 237, § 23.


32-10-32Construction of statute.

This chapter shall be, and be construed as, a part of and supplemental to the motor vehicle registration law of this state.

Source: SL 1961, ch 237, § 24.


32-10-33Severability and saving clause.

If any phrase, clause, subsection, or section of this chapter shall be declared unconstitutional or invalid by any court of competent jurisdiction, it shall be conclusively presumed that the Legislature would have enacted this chapter without the phrase, clause, subsection, or section so held unconstitutional or invalid and the remainder of the chapter shall not be affected as a result of said part being held unconstitutional or invalid.

Source: SL 1961, ch 237, § 25.


32-10-34Possession of registration documents required--Violation as misdemeanor.

It is a Class 2 misdemeanor for any person operating a motor vehicle under the provisions of this chapter to operate a motor vehicle upon the highways of this state who does not have in his possession registration cards evidencing full and proper licensing of that particular vehicle in accordance with the provisions of this chapter.

Source: SL 1966, ch 140; SL 1972, ch 177; SL 1988, ch 251, § 13.


32-10-35Disposition of fees collected.

Fees collected by the secretary of revenue and not otherwise provided for shall be distributed as provided by this section. Fees collected under chapter 32-10 by the secretary of revenue pursuant to § 32-5B-1 shall be deposited in the state highway fund. Fees collected under chapter 32-10 by the secretary of revenue pursuant to chapter 32-9 shall be distributed with fifty-seven percent to the local government highway and bridge fund, forty-one and one-half percent to counties, one-half percent to the state motor vehicle fund, and one percent to the state license plate special revenue fund. The counties' portion shall be distributed among the counties, pro rata, twenty-five percent according to truck registrations, twenty-five percent according to population, and fifty percent according to total road mileage. Each county shall distribute fifty-four percent of its portion to the county road and bridge fund, thirty-four percent of its portion to the special highway fund as provided by subdivision 32-11-4.1(2), and twelve percent of its portion to the municipalities of the county pursuant to subdivision 32-11-4.1(3).

Source: SL 1985, ch 252, § 5; SL 1987, ch 225, § 4; SL 1991, ch 250; SL 1999, ch 59, § 10; SL 1999, ch 149, § 5; SL 2004, ch 17, § 126; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.


32-10-36Information required to title a vehicle.

In addition to any information the department may require to title a vehicle, an applicant licensing in accordance with the provisions of this chapter or the terms of an agreement authorized by this chapter and entered into with other jurisdictions shall provide the department with the following information:

(1)    The name under which the business is to be conducted;

(2)    The business and mailing address;

(3)    The name, address, phone number, and social security number of all business owners, corporate officers, or partners;

(4)    The applicant's federal employer identification number, if available;

(5)    The type of business organization used by the applicant;

(6)    A properly signed agreement to maintain records;

(7)    A properly signed power of attorney, if the applicant's licensing responsibilities are done by an independent reporting agent and the applicant wishes all department correspondence to be mailed to the agent;

(8)    Proof of payment of heavy vehicle use tax, if requested by the department; and

(9)    Any other information the secretary may deem necessary for the administration and enforcement of this chapter.

The department may not license any applicant who fails to provide the information requested.

Source: SL 1994, ch 240, § 8.


32-10-37Billing--Late penalty--Temporary operating authority--Failure to provide additional information--Penalty.

Any billing for fees arising from licensing pursuant to the provisions of this chapter or the terms of an agreement authorized by this chapter and entered into with other jurisdictions shall be due and owed upon receipt. Any billing resulting from issuing temporary operating authority, not paid within thirty days of the billing will be assessed a penalty equal to ten percent of the fees owed or ten dollars whichever is greater. An applicant who fails to pay the fee within thirty days of the billing is also subject to an interest charge of one and one-half percent or five dollars whichever is greater for the first month and one and one-half percent per month or part thereof, thereafter. Any applicant who is issued temporary operating authority by the department, who fails to provide the information needed to regularly license within twenty days of the issuance of the temporary operating authority shall be assessed a penalty in the amount of twenty dollars. For reasonable cause shown, the secretary may reduce or eliminate a penalty imposed by this provision.

Source: SL 1994, ch 240, § 9.


32-10-38Unladen vehicle permits--Restrictions--Violation as misdemeanor.

If a motor vehicle is proportionally registered in South Dakota with the department and the vehicle may not be operated on highways of this state because of a lease cancellation, the owner of the vehicle, upon proof of ownership, may obtain an unladen vehicle permit from the Department of Public Safety in lieu of the payment of other registration fees for the vehicle. The permit authorizes the operation of the vehicle on the highways of this state and the highways of all member jurisdictions of the international registration plan for a period not to exceed thirty days.

Any vehicle operated under an unladen vehicle permit issued pursuant to this section may only be operated while empty and may only be operated for the purpose of securing a new lease to another carrier or until the owner of the vehicle registers the vehicle in the owner's name under which proper registration may be obtained. No vehicle may be operated on the highways of this state if the registration of the vehicle has been cancelled, unless the vehicle owner has been issued an unladen vehicle permit for that vehicle pursuant to this section.

No owner operating a vehicle without proper registration or an unladen vehicle permit may operate the vehicle until the owner has purchased an unladen vehicle permit or otherwise obtained proper registration. Notwithstanding any provisions of law to the contrary, no vehicle operated on an unladen vehicle permit is subject to the laws of this state relating to motor vehicle titles during the time of operation on the unladen vehicle permit. The operation of any vehicle on the highways of this state without proper registration or an unladen vehicle permit is a Class 2 misdemeanor.

Source: SL 2018, ch 189, § 1.


32-10-39Application for unladen vehicle permit.

Application for an unladen vehicle permit shall be made on forms prescribed by the administrator. The application shall be made to the Department of Public Safety. The application shall provide an acceptable proof to the Department of Public Safety attesting that the owner of the vehicle has surrendered all plates, cab cards, and other evidence of previous registration to the previous registrant before an unladen vehicle permit may be issued. The fee for an unladen vehicle permit shall be twenty-five dollars and shall be deposited in the state highway fund. If the unladen vehicle permit fee is paid, no other registration fee is required for any trailer or semitrailer being towed by the vehicle.

Source: SL 2018, ch 189, § 2.


32-10-40Fuel tax returns and payment of fuel taxes.

Nothing in §§ 32-10-38 and 32-10-39 changes the vehicle owner's duty to timely file any necessary fuel tax returns or reports and to timely pay any fuel taxes owed to any state.

Source: SL 2018, ch 189, § 3.


32-10-41Promulgation of rules regarding unladen vehicle permits.

The administrator may promulgate rules, pursuant to chapter 1-26, in the following areas regarding unladen vehicle permits:

(1)    Design and content of the permit;

(2)    Revocation, denial, and suspension of the permit;

(3)    Procedures; and

(4)    Application requirements.

Source: SL 2018, ch 189, § 4.


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