South Dakota Codified Laws
Chapter 09 - Commercial Motor Vehicle Certificates
Section 32-9-45 - Overweight operation of vehicle--Payment of additional fee--Payment no defense.

32-9-45. Overweight operation of vehicle--Payment of additional fee--Payment no defense.
Any motor carrier who shall operate upon the public highway any motor vehicle the weight of which, together with its load, shall exceed the gross weight of such vehicle specified in his application and authorized in the commercial motor vehicle certificate, shall be thereby deemed to have specified such greater weight and to have agreed to pay the appropriate fee and shall forthwith pay the amount by which the correct fee therefor, for the full term of the authorized operation of such motor vehicle under his certificate or permit, exceeds the amount of fee actually paid. Such additional amount is compensation and not a penalty or fine, and the payment thereof does not constitute a defense or bar to conviction for such, or any other violation of this chapter.

Source: SDC 1939, §44.0431; SL 1953, ch 239; SL 1977, ch 249, §44; SL 1989, ch 255, §28.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 32 - Motor Vehicles

Chapter 09 - Commercial Motor Vehicle Certificates

Section 32-9-1 - Definitions.

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 32-9-3.2 - Mounted specialized equipment included in weight to determine license fee--Violation as misdemeanor.

Section 32-9-3.3 - Infrequently used vehicle and equipment owners to file for license from department--Application form--Fee.

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 32-9-6 - Application to county treasurer--Nonresidents--Contents of application--Violation as misdemeanor.

Section 32-9-7 - Issuance of receipt, commercial motor vehicle certificate, and plates--Conspicuous display--Mailing fees--Violation as misdemeanor.

Section 32-9-8.1 - Fees applicable to power unit or tractor only--Interchangeable trailers--Identification plates required--Fee--New plate upon title transfer--Disposition of fees--Trailers within a municipality--Violation as misdemeanor.

Section 32-9-9 - Loss or destruction of commercial plates--Duplicate plates--Fee--Disposition of fee--Report of loss.

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 - Time for payment of commercial motor vehicle fee--Time for display of plate--Violation as misdemeanor.

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 32-9-17 - Duration of commercial plates and decals--Payment for unexpired portion of year--Proration of fee.

Section 32-9-17.1 - Denial of registration or title to certain commercial motor carriers--Suspension or revocation or registration or permit--Conditions for issuance or restoration.

Section 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.

Section 32-9-21 - Discontinuing use of vehicle--Return of plates and certificates--Portion of fees refunded.

Section 32-9-22 - Temporary thirty-day permit to operate as commercial motor vehicle--Multiple permits allowed--Fee schedule--Proof of previous registration as noncommercial vehicle.

Section 32-9-22.1 - Temporary nonhire permits for commercial vehicles--Fee--Disposition of fees--Limit on issuance.

Section 32-9-23.1 - Alternate commercial fee by intrastate carriers--Amount of fees--Proof of registration or temporary permit--Certificate required for commercial use of certain noncommercial 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 32-9-44.1 - Failure to surrender suspended, revoked or canceled plate or certificate as misdemeanor--Assistance by peace officers.

Section 32-9-44.2 - Revocation, cancellation or suspension of certificate upon repeated violations of § 32-5-16.7.

Section 32-9-45 - Overweight operation of vehicle--Payment of additional fee--Payment no defense.

Section 32-9-46 - Fee award as part of criminal conviction for overweight operation--Nonpayment punishable by contempt.

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 32-9-54 - Fee for certain vehicles transporting passengers--Seating capacity--Maximum weight.

Section 32-9-57 - Transporter plates for hauling new trailers--Violation as misdemeanor.

Section 32-9-57.1 - Revocation or suspension of transporter plate--Failure to surrender plate 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.