32-12-42. Expiration of license or permit--Renewal--Application and fee--Waiver of tests.

An operator's license, motorcycle operator's license, restricted minor's permit, or motorcycle restricted minor's permit expires on the licensee's birthday in the fifth year following the issuance of the license, or on the date of expiration of the applicant's authorized stay in the United States, as determined by the systematic alien verification for entitlements system or an alternate method approved by the United States Department of Homeland Security or, if there is no expiration date, for a period no longer than one year from the date of issuance, whichever occurs first.

Except as provided in § 32-12-42.3, an operator's license, motorcycle operator's license, restricted minor's permit, or motorcycle restricted minor's permit is renewable one hundred eighty days before its expiration, upon application and payment of the required fee.

A license renewed before its expiration expires five years after the licensee's ensuing birthday, or on the date of expiration of the applicant's authorized stay in the United States, as determined by the systematic alien verification for entitlements system or an alternate method approved by the United States Department of Homeland Security or, if there is no expiration date, for a period no longer than one year from date of issuance, whichever occurs first.

The department must waive the knowledge and driving tests for renewal, if the licensee applies and makes payment of the required fee within thirty days following the expiration date. If the licensee applies and makes payment of the required fee thirty-one or more days after the expiration date of the license, the licensee must take the knowledge test as required by § 32-12-4.

A license renewed during the thirty-day period following the date of expiration expires five years from the licensee's previous birthday, or on the date of expiration of the applicant's authorized stay in the United States, as determined by the systematic alien verification for entitlements system or an alternate method approved by the United States Department of Homeland Security or, if there is no expiration date, for a period no longer than one year from date of issuance, whichever occurs first.

Source: SL 1959, ch 261, § 14; SDC Supp 1960, § 44.03B14; SL 1961, ch 233; SL 1964, ch 128, § 4; SL 1973, ch 203; SL 1976, ch 192; SL 1977, ch 256, § 2; SL 1979, ch 217; SL 1988, ch 253; SL 1994, ch 252, § 2; SL 1995, ch 178, § 1; SL 1997, ch 188, § 2; SL 2001, ch 171, § 37; SL 2009, ch 154, § 10, eff. Dec. 31, 2009; SL 2025, ch 123, § 1.