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South Dakota Codified Laws
Title 32
Chapter 32-6B
S.D. Codified Laws ch. 32-6B
Regulation of Vehicle Dealers
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32-6B-1
Definitions.
32-6B-1.1
Motor home defined.
32-6B-1.2
Recreational park trailer defined.
32-6B-1.3
Temporary special events lot defined.
32-6B-1.4
Temporary supplemental lot defined.
32-6B-2
Principal place of business defined.
32-6B-3
Sale on consignment--Contract required--Form.
32-6B-3.1
Sale on consignment prohibited for vehicle without statement of origin.
32-6B-3.2
Odometer reading required for consignment or auction--Violation a misdemeanor.
32-6B-3.3
Consignment or auction of vehicle with lien--Written consent and release by lien holder.
32-6B-3.4
Auction on consignment of older vehicle titled in another state.
32-6B-3.5
Auction on consignment of older motorcycle titled in another state.
32-6B-3.6
Sale of used motorcycles and off-road vehicles on consignment where dealer possesses state title or title from bordering state--Exception.
32-6B-4
License required--Violation as misdemeanor.
32-6B-4.1
Brokering prohibited--Violation as misdemeanor.
32-6B-5
Exemptions from licensing requirements.
32-6B-5.1
Repealed
Repealed
32-6B-5.2
Permit for dealer licensed in another state to sell motorcycles at event.
32-6B-5.3
Permit for dealer licensed in another state to sell trailers at event.
32-6B-5.4
Permit for dealer licensed in another state to sell older vehicles and motorcycles on consignment at public auction.
32-6B-5.5
Permit for manufacturer to display trailers at event.
32-6B-5.6
Permit for manufacturer to display or demonstrate customized motor vehicle at event.
32-6B-5.7
Permit for sponsor to display customized motorcycles at event.
32-6B-6
Application required--Contents.
32-6B-7
Bond required--Amount--Term--Continuation certificate--Notification of payment or cancellation--Additional bond.
32-6B-7.1
Pooling of assets to satisfy bond requirements--Right, title, and interest in state--Termination--Notice of payment of claim--Replenishment of pool.
32-6B-7.2
Increase in dealer bond amount--Implementation.
32-6B-8
Dealer in new vehicles to maintain repair shop.
32-6B-9
Dealer in new vehicles to give bond to cover warranty obligations--Amount--Exemption.
32-6B-10
Manufacturer's contract or franchise prerequisite to license for dealer in new vehicles.
32-6B-11
Verification of application by department--Refusal to issue license.
32-6B-12
Classification of licenses--Issuance of license certificate.
32-6B-12.1
Low-speed vehicle retail sales.
32-6B-13
Fees for dealer's licenses--Disposition of fees.
32-6B-14
Dealer license--Annual review--Renewal notice--Suspension or revocation--Promulgation of Rules.
32-6B-15
Renewal application--Fees.
32-6B-16
Modification of license certificate--Display of license.
32-6B-17
Separate licenses--Requirement.
32-6B-18
Permission to change principal place of business within county.
32-6B-19
Supplemental licenses for supplemental lots within county--Exemptions.
32-6B-20
Books, records, and files to be kept--Inspection.
32-6B-20.1
Certificate kept at another dealership or at lending institution--Requirements--Notice.
32-6B-20.2
Offer to sell, sale, or exchange of vehicle without certificate of title allowed under specified circumstances.
32-6B-20.3
Agreement that dealer will satisfy lien by paying lienholder--Trade of vehicle or consignment agreement--Theft.
32-6B-20.4
Time period to satisfy lien after receipt of funds--Offering vehicle for sale prior to tender to lienholder.
32-6B-21
Issuance of dealer plates--Numbering--Fees--Return of plates--Misdemeanor.
32-6B-21.1
Mailing fees.
32-6B-22
Use of dealer plates--Transfer of plates--Violation as misdemeanor.
32-6B-22.1
Commercial motor vehicles licensed to dealers--Dealer 88 license plates--Return of plates--Violation as misdemeanor.
32-6B-22.2
Use of dealer 88 license plates--Transfer of plates.
32-6B-23
Issuance of motorcycle dealer and trailer dealer plates--Numbering--Display and use--Fees.
32-6B-24
Repossession of dealer plates.
32-6B-25
Use of vehicles bearing dealer's demonstration or in-transit permits--Time limitation--Issuance of permits for unauthorized purposes prohibited--Violation as misdemeanor.
32-6B-26
Temporary license permit--Provision by dealer.
32-6B-27
Location of temporary license permit.
32-6B-28
Time for application for registration by owner--Inspection of documents by law enforcement officer.
32-6B-29
Restrictions on dealer use of temporary license permits--Renewal prohibited--Violation as misdemeanor.
32-6B-30
Design of dealers' demonstration, in-transit and temporary license permits--Information required--Source of permits.
32-6B-31
32-6B-31 to 32-6B-33. Repealed by SL 2013, ch 142, §§ 2 to 4.
32-6B-34
Dealer's car auction agency--Defined--Applicability of chapter--Additional provisions.
32-6B-35
Dealer's car auction agency--Bond requirements--Dealer's right of action--Liability of surety.
32-6B-35.1
Dealer's car auction agency--Announcement at sale when title denotes any brand or damage--Return of vehicle.
32-6B-36
Dealer's car auction agency--Vehicles acceptable for sale--Permitted purchasers--Unauthorized sale a misdemeanor.
32-6B-36.1
Dealer's car auction agency--Government-owned vehicles.
32-6B-36.2
Repealed
Repealed
32-6B-36.3
Issuance of auction agency plates--Numbering--Fees--Return of plates--Misdemeanor.
32-6B-36.4
Use of agency plates--Transfer of plates--Violation as misdemeanor.
32-6B-37
Dealer's car auction agency--Records required.
32-6B-37.1
Public auction to keep records--Inspection by dealer appointed inspectors.
32-6B-38
Appointment of inspectors--Entry authorized--Complaints.
32-6B-39
Investigation of dealers--Authorized.
32-6B-40
Repealed
Repealed
32-6B-41
Grounds for denial of license or application of provisions of §§ 32-6B-41.1 to 32-6B-41.6, inclusive.
32-6B-41.1
Cease and desist order for specified violations--Period of effectiveness.
32-6B-41.6
Finality of order.
32-6B-41.2
Cease and desist order--Request for hearing--Procedure.
32-6B-41.3
Finality of cease and desist order.
32-6B-41.4
Order to pay fine or suspend or revoke license upon failure to comply with cease and desist order--Deposit of monetary penalties.
32-6B-41.5
Contest of order--Procedure.
32-6B-41.7
Cease and desist order--Failure to comply--Penalty.
32-6B-42
Notification of surety of license denial, suspension or revocation.
32-6B-43
32-6B-43, 32-6B-44. Repealed by SL 2005, ch 162, §§ 9, 10.
32-6B-45
Good cause required for franchisor termination, cancellation, nonrenewal, or change in competitive circumstances.
32-6B-46
Repealed
Repealed
32-6B-47
When franchisor may establish additional vehicle dealership for same line-make--Hearing.
32-6B-48
Factors in determining cause for establishing additional franchise for same line-make.
32-6B-49
Factors which are not cause for termination or noncontinuance of franchise or for establishing additional franchise for same line-make.
32-6B-49.1
Terms or conditions not allowed in franchise agreement.
32-6B-50
Notice of intention to enter into additional franchise for same line-make.
32-6B-51
Copies of notice to be sent to franchisees and other interested persons.
32-6B-52
Objection to approval of notice--Time for filing written objection--Approval absent timely objection.
32-6B-53
Hearing on objection--Time and place--Notice--Continuance.
32-6B-54
Burden of proof at hearing.
32-6B-55
Hearing upon change of circumstances.
32-6B-56
Dealer's license not to be issued to franchisee absent compliance by franchisor.
32-6B-56.1
Trailer franchisees not subject to certain provisions.
32-6B-57
Sale by franchisor to franchisee at lower price than that charged to other franchisee prohibited--Exceptions--Violation as misdemeanor--Damages.
32-6B-58
Franchisor, component manufacturer or manufacturer--Warranty agreement fulfillment--Process--Right to audit.
32-6B-58.1
Franchisor, component manufacturer, or manufacturer--Separate warranty for an engine, transmission, or rear axle--Process--Right to audit.
32-6B-58.2
Manufacturer or component manufacturer--Charge back--Prohibited in certain circumstances.
32-6B-58.3
Manufacturer or component manufacturer--Charge back--Permitted in certain circumstances.
32-6B-59
Right of department to apply for injunction against violation of chapter.
32-6B-60
Adoption of rules.
32-6B-61
Schedule of compensation for warranty work.
32-6B-62
Trailer dealers exempt from certain liability insurance requirements.
32-6B-63
Regulation of advertising.
32-6B-64
Advertising defined.
32-6B-65
Repealed
Repealed
32-6B-66
In-transit permits for certain trailer manufacturer's trailers.
32-6B-67
Promulgation of rules for in-transit permits for trailer manufacturer's trailers.
32-6B-68
Repealed
Repealed
32-6B-69
Franchise agreement--Change of terms--Dealer rights.
32-6B-69.1
Audit by franchisor--Limitation--Exception.
32-6B-70
License required for certain activities--Violation as misdemeanor--Additional violations as felony.
32-6B-71
Vehicle dealership--Death of owner--Succession of interest.
32-6B-72
Succession--Refusal to honor.
32-6B-73
Notification of decision to transfer, assign, or sell franchise agreement or dealership--Notification as application for approval.
32-6B-74
Contents of notice.
32-6B-75
Manufacturer or franchisor to determine prospective transferee's qualification--Notice of decision--Statement of reasons for rejection.
32-6B-76
Approval may not be unreasonably withheld.
32-6B-77
Filing objection when application rejected.
32-6B-78
Transferee's qualification as sole issue in objection.
32-6B-79
Manufacturer defined.
32-6B-80
Manufacturer or franchisor may not own or operate dealership--Exceptions.
32-6B-81
Manufacturer or franchisor may own or operate for limited period--Conditions.
32-6B-82
Exceptions for the purpose of broadening diversity of dealer body.
32-6B-83
Extension of time period in 32-6B-81--Application--Limit.
32-6B-84
Repealed
Repealed
32-6B-85
Civil action for injunction and damages.
32-6B-86
Applicability of SL 2010, ch 156 amendments.
32-6B-87
Dealers permitted to lease space in common area of shopping mall for displaying new vehicles--Restrictions--Exception.
32-6B-88
Off-road vehicle dealer--Special event permit--Requirements--Application--Display.
32-6B-89
Licensed dealer permitted to take vehicle to adjoining county for demonstration.