South Dakota Codified Laws 32-10-38. Unladen vehicle permits–Restrictions–Violation as misdemeanor
If a motor vehicle is proportionally registered in South Dakota with the department and the vehicle may not be operated on highways of this state because of a lease cancellation, the owner of the vehicle, upon proof of ownership, may obtain an unladen vehicle permit from the Department of Public Safety in lieu of the payment of other registration fees for the vehicle. The permit authorizes the operation of the vehicle on the highways of this state and the highways of all member jurisdictions of the international registration plan for a period not to exceed thirty days.
Any vehicle operated under an unladen vehicle permit issued pursuant to this section may only be operated while empty and may only be operated for the purpose of securing a new lease to another carrier or until the owner of the vehicle registers the vehicle in the owner’s name under which proper registration may be obtained. No vehicle may be operated on the highways of this state if the registration of the vehicle has been cancelled, unless the vehicle owner has been issued an unladen vehicle permit for that vehicle pursuant to this section.
Attorney's Note
Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 2 misdemeanor | up to 30 days | up to $500 |
Terms Used In South Dakota Codified Laws 32-10-38
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- owner: means a person who holds a legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee, or in the event while a vehicle is subject to a lease with an immediate right of possession vested in the lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee, lessee or mortgagee is considered to be the owner. See South Dakota Codified Laws 32-10-1
No owner operating a vehicle without proper registration or an unladen vehicle permit may operate the vehicle until the owner has purchased an unladen vehicle permit or otherwise obtained proper registration. Notwithstanding any provisions of law to the contrary, no vehicle operated on an unladen vehicle permit is subject to the laws of this state relating to motor vehicle titles during the time of operation on the unladen vehicle permit. The operation of any vehicle on the highways of this state without proper registration or an unladen vehicle permit is a Class 2 misdemeanor.
Source: SL 2018, ch 189, § 1.