CHAPTER 50-11
REGISTRATION AND LICENSING OF AIRCRAFT AND PILOTS
50-11-1 50-11-1 to 50-11-4. Repealed by SL 2014, ch 222, §§ 77 to 80.
50-11-5 Posting of aircraft registration certificate--Decal--Violation as misdemeanor.
50-11-6 50-11-6. Repealed by SL 2019, ch 203, § 63.
50-11-7 50-11-7. Repealed by SL 2014, ch 222, § 83.
50-11-8 50-11-8. Repealed by SL 2019, ch 203, § 64.
50-11-9 Application for registration of aircraft--Failure to register as misdemeanor--False statement as felony.
50-11-9.1 50-11-9.1, 50-11-10. Repealed by SL 2019, ch 203, §§ 65, 66.
50-11-11 Expiration of registration.
50-11-12 Schedule of registration fees--Nonpayment as misdemeanor.
50-11-13 50-11-13. Repealed by SL 1993, ch 348, § 10.
50-11-14 Fees--Aircraft more than ten years old.
50-11-15 Fees--Part-year registration.
50-11-16 Payment of delinquent fees and taxes prerequisite to registration.
50-11-17 Fees--Minimum registration fee.
50-11-18 50-11-18. Repealed by SL 2010, ch 227, § 74.
50-11-19 Additional tax for original registration--Nonpayment as misdemeanor--Civil penalty.
50-11-19.1 Purchase price defined.
50-11-19.2 Rate of additional tax on sale of aircraft held under use stamp or dealer certificate or conversion to dealer's own use.
50-11-19.3 Registration tax credit for sales and use taxes paid on homebuilt aircraft--Proof of eligibility.
50-11-19.4 Transfer of amount of credit to aeronautics fund.
50-11-20 Aircraft to which additional tax applies--Exceptions and exemptions.
50-11-21 Promulgation of rules--Additional registration tax--Aeronautics fund.
50-11-21.1 Jeopardy assessment of additional tax--Lien--Distress warrant--Bond.
50-11-21.2 Lien for tax or penalty.
50-11-21.3 50-11-21.3. Repealed by SL 1993, ch 348 § 16.
50-11-22 Sale or transfer of aircraft--Transferor's endorsement of registration and notice to department--Time limits--Violation as misdemeanor or felony.
50-11-23 Transferee's application for certificate of registration--Time limits--Violation as misdemeanor or felony.
50-11-24 50-11-24. Repealed by SL 2004, ch 288, § 3.
50-11-25 Exceptions to state registration requirements--Government aircraft.
50-11-26 Exceptions to state registration requirements--Military aircraft.
50-11-27 Exemption of nonresidents from state registration for noncommercial activities--Failure to register after ninety days as misdemeanor.
50-11-28 Exceptions to state registration requirements--Interstate or foreign commerce.
50-11-29 Exceptions to state registration requirements--Model aircraft, balloons, gliders, or sUAS.
50-11-30 50-11-30, 50-11-31. Repealed by SL 2019, ch 203, §§ 67, 68.
50-11-32 50-11-32. Repealed by SL 1983, ch 15, § 200.
50-11-33 Certificate of registration--Permits--Alteration or forgery--Violation as felony.
50-11-34 50-11-34. Repealed by SL 1983, ch 15, § 202.
50-11-35 Application of original registration tax to leased aircraft.
50-11-5. Posting of aircraft registration certificate--Decal--Violation as misdemeanor.
The aircraft registration certificate shall at all times be conspicuously posted within the aircraft so as to be readily seen by passengers and inspectors. The department shall provide a decal bearing the same identification number as the registration certificate. The aircraft owner shall display the decal in a location easily visible from the right outside of the aircraft. A violation of this section is a Class 2 misdemeanor.
Source: SDC 1939, § 2.0104; SL 1983, ch 15, § 188; SL 1993, ch 348, § 4; SL 2014, ch 222, § 81.
50-11-9. Application for registration of aircraft--Failure to register as misdemeanor--False statement as felony.
The owner or lessee of an aircraft to be operated within this state shall, except as otherwise expressly provided, file with the department on a form furnished by the department, an application for registration of the aircraft. A person who fails to register an aircraft within thirty days after it is operated in this state is guilty of a Class 2 misdemeanor. A person who knowingly makes a false statement of a material fact in the application is guilty of a Class 5 felony. This section does not apply to any sUAS.
Source: SDC 1939, § 2.0402 as enacted by SL 1949, ch 4, § 2; SL 1966, ch 1, § 1; SL 1983, ch 15, § 191; SL 1985, ch 379, § 1; SL 1993, ch 348, § 8; SL 2010, ch 227, § 72; SL 2014, ch 222, § 85; SL 2014, ch 223, § 1; SL 2019, ch 203, § 32.
50-11-11. Expiration of registration.
Aircraft registration required by this chapter expires on the thirty-first day of March following the calendar year in which the registration is made.
Source: SDC 1939, § 2.0404 as enacted by SL 1949, ch 4, § 2; SL 1966, ch 1, § 3; SL 1993, ch 348, § 9; SL 2004, ch 288, § 2.
50-11-12. Schedule of registration fees--Nonpayment as misdemeanor.
There shall be paid to the secretary of transportation at the time of the registration of an aircraft an annual registration fee for each such aircraft based upon its maximum permissible take-off weight to be computed as follows:
Weight in Pounds |
Rate |
0 B 1,500 |
$ 25 |
1,501 B 2,000 |
40 |
2,001 B 3,000 |
55 |
3,001 B 4,000 |
70 |
4,001 B 5,000 |
85 |
5,001 B 6,000 |
100 |
6,001 B 10,000 |
125 |
10,001 B 12,499 |
150 |
12,500 B 15,000 |
200 |
15,001 and over |
300 |
The fees in this section are subject to the provisions of §§ 50-11-14 to 50-11-17, inclusive. Failure to pay the fees is a Class 2 misdemeanor.
Source: SDC 1939, §§ 2.0405, 2.0407 as enacted by SL 1949, ch 4, § 2; SL 1983, ch 15, § 192; SL 1985, ch 379, § 2; SL 1993, ch 348, § 10.
50-11-14. Fees--Aircraft more than ten years old.
If any aircraft, according to the manufacturer's records as to date of manufacture, was ten years old or more on January first of the year for which registration and fee is required, the fee required by § 50-11-12 shall be one-half of the fee ordinarily prescribed.
Source: SDC 1939, § 2.0407 (1) (b) as enacted by SL 1949, ch 4, § 2; SL 1993, ch 348, § 10B.
50-11-15. Fees--Part-year registration.
The fee for registering any theretofore unregistered aircraft purchased on or after July first of any year shall be one-half the amount prescribed by § 50-11-12 and, as to such aircraft purchased on or after October first of any year, one-fourth of such prescribed amount.
Source: SDC 1939, § 2.0407 (2) as enacted by SL 1949, ch 4, § 2.
50-11-16. Payment of delinquent fees and taxes prerequisite to registration.
The department may not approve an application for any aircraft which should have been previously registered or taxed under the laws of this state, without collecting all past-due registration fees or taxes.
Source: SDC 1939, § 2.0407 (3) as enacted by SL 1949, ch 4, § 2; SL 1966, ch 1, § 4; SL 1983, ch 15, § 193; SL 1985, ch 379, § 4; SL 2014, ch 222, § 87.
50-11-17. Fees--Minimum registration fee.
No aircraft may be registered for an annual registration, or any part thereof, for a fee of less than ten dollars.
Source: SDC 1939, § 2.0407 (4) as enacted by SL 1949, ch 4, § 2; SL 1993, ch 348, § 11.
50-11-19. Additional tax for original registration--Nonpayment as misdemeanor--Civil penalty.
In addition to all other registration fees paid to the department, an additional original registration tax of four percent, based upon the purchase price of the aircraft, shall be paid to the department, along with the application for the original registration of an aircraft. For an initial registration of aircraft manufactured and used exclusively for agricultural purposes, the registration tax under this section is three percent.
Aircraft subject to the tax imposed by this chapter are exempt from taxes imposed by chapters 10-45 and 10-46. Aircraft used under a use stamp or dealer certificate, or engaged in regularly scheduled flying consisting of an act of interstate or foreign commerce, are exempt from the taxes imposed by chapters 10-45 and 10-46.
Failure to pay the registration tax under this section within thirty days after an aircraft is operated in this state is a Class 2 misdemeanor. Failure to pay the registration tax within ninety days of the due date shall result in a civil penalty of one-half percent of the tax due for each month, or portion of the month, until the tax is paid in accordance with this chapter, not to exceed five percent of the tax due. A civil penalty imposed under this section shall be deposited into the aeronautics fund.
Source: SDC 1939, § 2.0408 as enacted by SL 1949, ch 4, § 2; SL 1966, ch 1, § 5; SL 1973, ch 62, § 2; SL 1982, ch 112, § 2; SL 1983, ch 15, § 198; SL 1985, ch 379, § 3; SL 1987, ch 357, § 1; SL 1993, ch 348, § 12; SL 2014, ch 224, § 1; SL 2019, ch 203, § 33.
50-11-19.1. Purchase price defined.
For the purposes of this chapter, the purchase price is:
(1) For an aircraft purchase, sale, or transfer, the total consideration for the aircraft whether received in money or otherwise less the value of any aircraft taken by the seller as trade, if the aircraft traded was registered in South Dakota. The purchaser of the aircraft shall submit to the department an application for original registration supplied by the department. If no proof of purchase price is provided, the price shall be the current fair market value of the aircraft at the time of registration less the value of any South Dakota registered aircraft taken by the seller in trade;
(2) For an aircraft acquired by gift, bequest, purchase, or transfer for a nominal consideration, the price shall be considered to be the current fair market value of the aircraft at the time registration is due;
(3) For an aircraft manufactured by any person other than a bona fide manufacturer, commonly referred to as, homebuilt, the amount expended for materials and other properly allocable costs of manufacture or in the absence of actual expenditures for the manufacture of a part or all of the aircraft, the reasonable value of the completed aircraft based on current fair market value; and
(4) For a rebuilt aircraft, upon its initial registration, the total consideration for the salvage aircraft, the amount expended for materials and other properly allocable costs to repair the aircraft to an airworthy condition, whether received in money or otherwise. In the absence of actual expenditures for the reconstruction of the aircraft, the market value of the aircraft at the time registration is due based on current fair market value.
Source: SL 1982, ch 112, § 4; SL 1993, ch 348, § 13; SL 2014, ch 222, § 88.
50-11-19.2. Rate of additional tax on sale of aircraft held under use stamp or dealer certificate or conversion to dealer's own use.
The additional original registration tax on the sale of aircraft held by a licensed aircraft dealer under a use stamp or dealer certificate is at the rate specified in § 50-11-19 on the purchase price at the time the aircraft is sold. If a licensed aircraft dealer converts aircraft held under a use stamp or dealer certificate to the dealer's own use, the additional original registration tax is paid by the dealer at the rate specified in § 50-11-19 on the current fair market value of the aircraft.
Source: SL 1982, ch 112, § 3; SL 2010, ch 227, § 75.
50-11-19.3. Registration tax credit for sales and use taxes paid on homebuilt aircraft--Proof of eligibility.
When determining the amount of the registration tax imposed by § 50-11-19 on homebuilt aircraft, a credit for South Dakota sales tax and South Dakota use tax that was paid by the applicant on any purchase of aircraft kits, engines, instruments, and other parts and components used in the construction of the homebuilt aircraft is permitted. The applicant shall provide proof of the South Dakota sales tax and the South Dakota use tax that was paid by the applicant and is eligible for credit by providing any invoice, receipt, or other document that shows the payment of South Dakota sales tax and South Dakota use tax. The amount of the credit permitted by this section may not be greater than the registration tax imposed by § 50-11-19 on the homebuilt aircraft. No credit is permitted for any South Dakota sales tax or South Dakota use tax that was paid more than five years before the date of the application for registration of the homebuilt aircraft.
Source: SL 2014, ch 225, § 1.
50-11-19.4. Transfer of amount of credit to aeronautics fund.
The department shall inform the Department of Revenue of the amount of credit granted under § 50-11-19.3 on a quarterly basis. The Department of Revenue shall transfer to the department, for deposit into the aeronautics fund, the amount of credit granted under § 50-11-19.3. Transfers to the aeronautics fund shall be made on a quarterly basis.
Source: SL 2014, ch 225, § 2; SL 2019, ch 203, § 34.
50-11-20. Aircraft to which additional tax applies--Exceptions and exemptions.
The provisions of § 50-11-19 apply to all aircraft not previously registered in this state, except:
(1) Aircraft, owned by a person coming into this state from another state for the purpose of making the person's home within this state, and registered in the other state, are exempt from the additional original registration tax of this state to the extent of a similar additional original registration tax previously paid in the other state upon the purchase price of the aircraft. However, this exception applies only to the extent that under the law of the state of the person's residence like exemptions and privileges are granted to aircraft duly registered under the laws and owned by the residents of this state;
(2) Aircraft purchased by a resident of this state upon which the original registration tax of this state has previously been paid;
(3) Aircraft duly registered and certificated under chapter 50-12; or
(4) Aircraft owned or leased by a person coming into this state for the purposes of seasonally operating the person's aircraft licensed and operating pursuant to § 38-21-20 or applying commercial fertilizer, and if the aircraft has been duly registered or licensed in such other state, are exempt from the additional registration tax. However, this exception applies only to the extent that under the law of the state of such person's residence like exemptions and privileges are granted to aircraft duly registered under laws and owned by the residents of this state.
Source: SDC 1939, § 2.0408 as enacted by SL 1949, ch 4, § 2; SL 1966, ch 1, § 5; SL 1969, ch 1; SL 1973, ch 289; SL 1993, ch 348, § 15; SL 2010, ch 227, § 76; SL 2014, ch 222, § 89.
50-11-21. Promulgation of rules--Additional registration tax--Aeronautics fund.
The commission may prescribe forms and promulgate rules pursuant to chapter 1-26 for the ascertainment, assessment, collection, or return of the additional original registration tax imposed by § 50-11-19. Upon receipt of the original registration tax, the department shall pay it to the state treasurer to be credited to the aeronautics fund.
Source: SDC 1939, § 2.0408 as enacted by SL 1949, ch 4, § 2; SL 1966, ch 1, § 5; SL 1984, ch 311, § 2; SL 1987, ch 356, § 15; SL 2014, ch 222, § 90; SL 2020, ch 203, § 18.
50-11-21.1. Jeopardy assessment of additional tax--Lien--Distress warrant--Bond.
If the department believes that the assessment or collection of taxes is jeopardized by delay, the department may immediately make an assessment of the estimated tax and penalty and demand payment from the taxpayer. If the payment is not made, a lien may be filed and a distress warrant issued as provided in chapter 10-56. The department may accept a bond from the taxpayer to satisfy collection until the amount of tax legally due is determined and paid.
Source: SL 1983, ch 103, § 3; SL 2010, ch 227, § 77.
50-11-21.2. Lien for tax or penalty.
Any tax or penalty due the state from a taxpayer is a lien in favor of the State of South Dakota upon all property and rights to property, whether real or personal, belonging to the taxpayer. In order to preserve the lien against subsequent mortgages, purchasers, or judgment creditors for value and without notice of the lien, on any property situated in a county, the department may file with the register of deeds of the county, in which the property is located, a notice of the lien in such form as the department elects.
Source: SL 1983, ch 103, § 4; SL 2010, ch 227, § 78.
50-11-22. Sale or transfer of aircraft--Transferor's endorsement of registration and notice to department--Time limits--Violation as misdemeanor or felony.
If an aircraft registered under this chapter is sold or transferred, the person in whose name the aircraft is registered shall complete and sign the endorsement on the back of the certificate of registration as prescribed by the department and shall, within seven working days, forward to the department by mail a notice of the sale or transfer including the date and place of the sale or transfer, and the name and address of the purchaser or transferee. A violation of this section is a Class 2 misdemeanor. A person who knowingly makes a false statement of a material fact in the certificate of registration is guilty of a Class 5 felony.
Source: SDC 1939, § 2.0409 as enacted by SL 1949, ch 4, § 2; SL 1966, ch 1, § 6; SL 1983, ch 15, § 194; SL 1993, ch 348, § 17; SL 2010, ch 227, § 79; SL 2014, ch 222, § 91; SL 2014, ch 223, § 2; SL 2019, ch 203, § 35.
50-11-23. Transferee's application for certificate of registration--Time limits--Violation as misdemeanor or felony.
The purchaser or transferee under § 50-11-22 shall, within sixty days, apply to the department for the transfer of the registration of the aircraft to the purchaser's or transferee's name and the issuance of a new certificate of registration. A violation of this section is a Class 2 misdemeanor. A person who knowingly makes a false statement of a material fact in the application is guilty of a Class 5 felony.
The endorsed certificate of registration is void sixty days after the date of the sale or transfer of the aircraft.
Source: SDC 1939, § 2.0409 as enacted by SL 1949, ch 4, § 2; SL 1966, ch 1, § 6; SL 1983, ch 15, § 195; SL 1993, ch 348, § 18; SL 2010, ch 227, § 80; SL 2014, ch 222, § 92; SL 2014, ch 223, § 3; SL 2019, ch 203, § 36.
50-11-25. Exceptions to state registration requirements--Government aircraft.
This chapter does not apply to any aircraft and person operating an aircraft that is owned by or used exclusively in the service of the United States, any state or political subdivision of the state, territory, possession of the United States, or the District of Columbia, and that is not engaged in carrying persons or property for commercial purposes.
Source: SDC 1939, § 2.0411 (1) as enacted by SL 1949, ch 4, § 2; SL 2010, ch 227, § 81; SL 2019, ch 203, § 37.
50-11-26. Exceptions to state registration requirements--Military aircraft.
This chapter does not apply to military aircraft and personnel of the United States government, or any aircraft and personnel licensed by a foreign country with which the United States has reciprocal relations, if the aircraft and personnel are not engaged in any intrastate commercial activity within this state.
Source: SDC 1939, § 2.0411 (2) as enacted by SL 1949, ch 4, § 2; SL 2010, ch 227, § 82; SL 2019, ch 203, § 38.
50-11-27. Exemption of nonresidents from state registration for noncommercial activities--Failure to register after ninety days as misdemeanor.
Any aircraft of any resident of another state, and any nonresident person, having complied with the registration requirements of that state, may be operated or operate within this state for a period of not more than ninety days in any one year without complying with this chapter if the aircraft or person is not engaged in any intrastate commercial activity within this state, and that under the laws of the state of the person's residence, like exemptions and privileges are granted to aircraft owned by residents of this state and resident persons of this state duly registered under the laws of this state. A nonresident under this section is a person who has not resided within this state for a period of ninety days. Failure to register after ninety days is a Class 1 misdemeanor.
Source: SDC 1939, § 2.0411 (3) as enacted by SL 1949, ch 4, § 2; SL 1983, ch 15, § 197; SL 2019, ch 203, § 39.
50-11-28. Exceptions to state registration requirements--Interstate or foreign commerce.
This chapter does not apply to any aircraft, or person operating an aircraft, which is engaged in regularly scheduled flying constituting an act of interstate or foreign commerce.
Source: SDC 1939, § 2.0411 (4) as enacted by SL 1949, ch 4, § 2; SL 1983, ch 353, § 1; SL 2019, ch 203, § 40.
50-11-29. Exceptions to state registration requirements--Model aircraft, balloons, gliders, or sUAS.
This chapter does not apply to any person operating model aircraft, balloons, gliders, or sUAS.
Source: SDC 1939, § 2.0411 (5) as enacted by SL 1949, ch 4, § 2; SL 2010, ch 227, § 83; SL 2018, ch 269, § 36; SL 2019, ch 203, § 41.
50-11-33. Certificate of registration--Permits--Alteration or forgery--Violation as felony.
No person may:
(1) Alter, forge, or cause to be altered or forged a certificate of registration or permit issued under this chapter;
(2) Alter, forge, or cause to be altered or forged an assignment or endorsement of a certificate of registration; or
(3) Permit, or to hold or use a certificate, assignment, or endorsement knowing it has been altered or forged.
A violation of this section is a Class 5 felony.
Source: SDC 1939, § 2.0499 as enacted by SL 1949, ch 4, § 2; SDC Supp 1960, § 2.9906; SL 1983, ch 15, § 201; SL 2019, ch 203, § 42; SL 2020, ch 203, § 19.
50-11-35. Application of original registration tax to leased aircraft.
For aircraft leased for thirty-six calendar months or less, the original registration tax of four percent, as required under § 50-11-19, applies only to the scheduled lease payments, excluding fuel, routine maintenance, insurance, and crew, and shall be paid by the lessee at the time payments are made to the lessor. For aircraft leased for more than thirty-six calendar months, by multiple short-term agreements or a long-term agreement, the original registration tax under § 50-11-19 shall be assessed on the market value of the aircraft at the time registration is due as stated in the aircraft bluebook and price digest. The original registration tax shall be paid by the owner of the aircraft. A copy of the lease agreement shall be provided to the department with the application for registration. If the lessee purchases the aircraft during the lease, any amount paid to the department for registration taxes under this chapter shall be credited to taxes required under § 50-11-19. The annual registration fee required under §§ 50-11-12 and 50-11-14 applies for each aircraft under lease.
Source: SL 1993, ch 348, § 14; SL 2019, ch 203, § 43.
