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2019 South Dakota Codified Laws
Title 32 - Motor Vehicles
Chapter 06B - Regulation Of Vehicle Dealers
- § 32-6B-1 Definition of terms.
- § 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- § 32-6B-5.1 Repealed.
- § 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 Multiple year license--Annual review--Renewal notice_Suspension or revocation.
- § 32-6B-15 Renewal application--Fees.
- § 32-6B-16 Modification of license certificate--Display of license.
- § 32-6B-17 Separate license for each county in which applicant maintains principal place of business.
- § 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 to 32-6B-33. Repealed.
- § 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 Sale of government owned vehicles by auction agency.
- § 32-6B-36.2 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.
- § 32-6B-41 Grounds for denial of license or application of provisions of ยงยง 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-41.2 Hearing on question of whether violations occurred--Procedures.
- § 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 Hearing to contest order to pay fine or suspend or revoke license--Procedures.
- § 32-6B-41.6 Finality of order to pay fine or suspend or revoke license.
- § 32-6B-42 Notification of surety of license denial, suspension or revocation.
- § 32-6B-43 , 32-6B-44. Repealed.
- § 32-6B-45 Good cause required for franchisor termination, cancellation, nonrenewal, or change in competitive circumstances.
- § 32-6B-46 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 Duty of franchisor or manufacturer to fulfill warranty agreements and compensate dealers for labor and parts--Disposition of dealer claims.
- § 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.
- § 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 Sale of lists of dealers authorized--Fees.
- § 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.
- § 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 dealers exempt from certain special event permit requirements, fees, and taxes.
- § 32-6B-89 Licensed dealer permitted to take vehicle to adjoining county for demonstration.
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