32-9-59. Use of vehicles with dealer 88 license plates--Violation as misdemeanor.
Any new or used vehicle owned by a licensed vehicle dealer, bearing a dealer's 88 license plate issued pursuant to the provisions of §§32-6B-22.1 and 32-6B-22.2 may operate such vehicle for the licensed dealership as a motor carrier or any prospective buyer may operate such vehicle as a motor carrier for demonstration purposes for a period of three days, in accordance with the provisions of §32-6B-25 under the following conditions:
(1)The motor vehicle shall comply with all provisions of this chapter pertaining to overweight operation;
(2)The actual gross weight of the vehicle and load does not exceed the licensed gross weight; and
(3)The gross weight tonnage fees shall be paid pursuant to §32-9-15 with the tonnage sticker affixed to the 88 plate prior to operation as a motor carrier.
If a used or new vehicle dealer permits the use by a prospective buyer, pursuant to this section, a vehicle bearing the dealer's 88 license plate, the dealer shall maintain a log detailing the use. The log shall include the name and address of the prospective buyer, the dates of use, and the description of the vehicle including the vehicle identification number, make, and model. This log shall be available for inspection, during normal business hours, by any law enforcement officer or dealer inspector appointed by the department.
Any violation of this section is a Class 2 misdemeanor.
Source: SL 2004, ch 208, §3; SL 2013, ch 142, §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.