32-9-17.2. Denial of registration or title to motor carrier for failure to disclose information, making false statement, affiliation with ineligible person, or safety reasons--Conditions for issuance.
The department or its agent shall refuse to issue a registration, license plate, permit, or a certificate of title or to transfer any title on a vehicle licensed under chapter 32-9 or 32-10 if a motor carrier fails to disclose material information required, if the motor carrier has made a materially false statement on the application, or if the motor carrier's business is operated, managed, or otherwise controlled or affiliated with a person who is ineligible for registration, including the applicant, owner, relative, corporate officer, or shareholder. The department shall deny registration for a vehicle assigned to a motor carrier that has been taken out of service by the Federal Motor Carrier Safety Administration for safety reasons, or a carrier whose business is operated, managed, or otherwise controlled or affiliated with a person who is ineligible for registration, including the applicant, owner, relative, corporate officer, or shareholder.
The term, relative, as used in this section, means husband, wife, son, daughter, brother, sister, father, mother, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, or daughter-in-law.
If the prohibition by the Federal Motor Carrier Safety Administration is rescinded, the department or its agent may issue a registration, license plate, permit, or a certificate of title to the vehicle provided all other taxes and fees have been paid to the department.
Source: SL 2010, ch 159, §1.
Structure South Dakota Codified Laws
Chapter 09 - Commercial Motor Vehicle Certificates
Section 32-9-2 - Motor carrier defined.
Section 32-9-3 - Exceptions from definitions of motor carrier and commercial vehicle.
Section 32-9-3.1 - Fee required of harvest vehicle--Permit--Violation as misdemeanor.
Section 32-9-3.5 - Fee for commercial use of motorbus--Gross maximum weight.
Section 32-9-4 - Motor carriage as affected with public interest--Unusual impairment of highway.
Section 32-9-5 - Presumption that motor carrier makes unusual use of highways.
Section 32-9-10 - Duties of department.
Section 32-9-12 - Forwarding applications to department.
Section 32-9-13 - Registration of maximum gross weight of vehicle.
Section 32-9-14 - Overweight operation prohibited--Violation a misdemeanor.
Section 32-9-15 - Schedule of commercial motor vehicle fees per gross pounds--Older vehicles.
Section 32-9-16.1 - Promulgation of rules for staggered registration system.
Section 32-9-16.2 - Fees paid pursuant to chapter--Calculation.
Section 32-9-16.3 - Staggered registration of intrastate commercial vehicles.
Section 32-9-23.2 - Application to pay alternative fee.
Section 32-9-23.3 - Alternative permit to be secured before movement--Violation as misdemeanor.
Section 32-9-23.5 - Receipt issued on payment--Display on demand--Violation as misdemeanor.
Section 32-9-41 - Persons and entities required to comply with chapter.
Section 32-9-44 - Revocation or cancellation of certificate upon violation.
Section 32-9-45 - Overweight operation of vehicle--Payment of additional fee--Payment no defense.
Section 32-9-47 - Determination that vehicle was overweight--Variation of five percent.
Section 32-9-53 - Gross weight of tow trucks and wreckers.
Section 32-9-57 - Transporter plates for hauling new trailers--Violation as misdemeanor.
Section 32-9-58 - Registration and permit required to move certain vehicles between job sites--Fee.
Section 32-9-59 - Use of vehicles with dealer 88 license plates--Violation as misdemeanor.