42-8-2. Definition of terms.
Terms used in this chapter mean:
(1)"Boat," every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water;
(1A)"Boat dealer," any person or business who in the ordinary course of business sells new large boats or any person or business who in the ordinary course of business sells five or more used large boats in a year;
(2)"Commission," the Game, Fish and Parks Commission of this state acting directly or through its authorized officers;
(2A)"Department," the Department of Revenue;
(2B)"Large boat," any boat over twelve feet in length or a motorboat, used or capable of being used as a means of transportation on water, except canoes, inflatable boats, kayaks, sailboards, and seaplanes;
(3)"Motorboat," any boat propelled by machinery, whether or not such machinery is the principal source of propulsion, but does not include a boat which has a valid marine document issued by the commissioner of customs of the United States government or any federal agency successor thereto;
(3A)"Notation," a physical or electronic process of recording a lien on a certificate of title, a manufacturer's statement of origin, or a manufacturer's certificate of origin.
(4)"Operate," to navigate or otherwise use a boat;
(5)"Owner," a person, other than a lien holder, having the property in or title to a boat. The term includes a person entitled to the use or possession of a boat subject to an interest in another person reserved or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security;
(5A)"Personal watercraft," any motorboat that has an inboard or outboard motor powering a water jet pump or caged propeller as its primary source of motive power and is designed to be operated by a person standing on, kneeling on, sitting astride, or being towed behind the watercraft, and has the probability that the operator and passengers may in the normal course of use, fall overboard;
(6)"Racing boat," any boat designed and manufactured exclusively for racing;
(7)"Sailboard," any single-hulled boat equipped with an articulating mast and designed to be operated by a person standing on the board, maneuvering through the trim of the hand-held sail and distributing his body weight on the board; and
(8)"Waters of this state," any public waters within the territorial limits of this state and all waters which form a common boundary between this state and Minnesota, North Dakota, Montana, Wyoming, Iowa, or Nebraska.
Source: SL 1959, ch 125, §2; SDC Supp 1960, §25.1402; SL 1981, ch 306, §1; SL 1984, ch 279, §1; SL 1993, ch 322, §3; SL 1993, ch 323, §1; SL 1994, ch 335, §1; SL 1998, ch 171, §5; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
Structure South Dakota Codified Laws
Title 42 - Recreation and Sports
Section 42-8-1 - Safety and uniformity as policy of state.
Section 42-8-1.2 - Governor authorized to prohibit or restrict use of certain waterways.
Section 42-8-1.3 - Notice of restriction or prohibition.
Section 42-8-1.4 - Violation of prohibition or restriction as misdemeanor.
Section 42-8-2 - Definition of terms.
Section 42-8-2.1 - "Underway" defined.
Section 42-8-41 - Boats--Required equipment--Penalty.
Section 42-8-42 - Muffler required--Use of cutouts prohibited--Racing boats excepted.
Section 42-8-45 - Operation of boat under influence of alcohol or drugs as misdemeanor.
Section 42-8-45.1 - Arrest without a warrant--Probable cause.
Section 42-8-45.2 - Submission to breath test upon accident or violation--Chemical test.
Section 42-8-45.3 - Lawful use of drug no defense.
Section 42-8-45.4 - Amount of alcohol in blood--Presumptions.
Section 42-8-45.5 - Competent evidence not limited.
Section 42-8-45.6 - Operation of boat on public waters as consent to be tested.
Section 42-8-45.7 - Persons authorized to take breath or other bodily substance specimen--Liability.
Section 42-8-45.9 - Choice of additional testing.
Section 42-8-45.10 - Availability of test results.
Section 42-8-45.11 - Costs of testing and witness expenses as costs in the action.
Section 42-8-46 - Reckless operation of boat as misdemeanor.
Section 42-8-50 - Skiing requirements waived for exhibitions and regattas.
Section 42-8-52 - Tampering with or unlawful operation of boat as misdemeanor.
Section 42-8-63 - Application by political subdivision for special rules applicable therein.
Section 42-8-67 - Boundary waters--Concurrent jurisdiction with adjoining states.
Section 42-8-68 - Sailboards exempt.
Section 42-8-69 - Age requirement for driving certain motorboats--Violation as misdemeanor.