32-10-1. Definitions.
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.
Structure South Dakota Codified Laws
Chapter 10 - Interstate Reciprocity And Proportional Registration Of Fleets
Section 32-10-1 - Definitions.
Section 32-10-2 - Policy to encourage reciprocal or proportional registration agreements.
Section 32-10-3.2 - Promulgation of rules for staggered registration system.
Section 32-10-3.3 - Fees paid pursuant to chapter--Calculation.
Section 32-10-3.4 - Staggered registration of interstate motor carriers.
Section 32-10-5 - General terms of agreement--Reciprocity.
Section 32-10-6 - Fleet licensing--Apportionment of fees based on miles traveled.
Section 32-10-11 - Reciprocity--Local resident with vehicles registered out of state.
Section 32-10-12 - Eligibility for reciprocity--Annual statement--Contents.
Section 32-10-13 - Reciprocity--Leased vehicles operated by lessee.
Section 32-10-16 - Fee accompanying application--Computation of fee.
Section 32-10-17 - Issuance of plates or registration cards--Paper or electronic proof--Fees.
Section 32-10-17.1 - Alteration or forging of registration card prohibited--Violation as felony.
Section 32-10-18 - Computation of fees--Plate for power unit--Identification fee--Deposit of fees.
Section 32-10-19 - Refund of power unit fee no longer in use--Amount of refund.
Section 32-10-27 - Statute as authority for proportional registration--Other statutes inapplicable.
Section 32-10-29 - Suspension or cancellation of benefits to violating carrier.
Section 32-10-31 - Agreements made prior to enactment of statute.
Section 32-10-32 - Construction of statute.
Section 32-10-33 - Severability and saving clause.
Section 32-10-34 - Possession of registration documents required--Violation as misdemeanor.
Section 32-10-35 - Disposition of fees collected.
Section 32-10-36 - Information required to title a vehicle.
Section 32-10-38 - Unladen vehicle permits--Restrictions--Violation as misdemeanor.
Section 32-10-39 - Application for unladen vehicle permit.
Section 32-10-40 - Fuel tax returns and payment of fuel taxes.
Section 32-10-41 - Promulgation of rules regarding unladen vehicle permits.