South Dakota Codified Laws 32-5-76. Special plates for person with substantial physical disability or parent or guardian of dependant with substantial physical disability–Violation as misdemeanor
An owner of a motor vehicle, who is a resident of this state, who has complied with all the laws of this state in regards to the registration of a motor vehicle, and who operates or directs the operation of the vehicle, may submit to the county treasurer an application containing a physician’s certificate on a form approved by the secretary, stating that the applicant is a person with a substantial physical disability that makes it impossible or causes substantial hardship to walk. An owner of a motor vehicle, who is a resident of this state, who has complied with all the laws of this state in regards to the registration of a motor vehicle, and who is the parent or legal guardian of a dependant with a substantial physical disability and operates the motor vehicle for the purpose of transporting the dependent, may submit to the county treasurer an application containing a physician’s certificate on a form approved by the secretary, stating that the dependent has a substantial physical disability that makes it impossible or causes substantial hardship to walk. The secretary shall promulgate a rule, pursuant to chapter 1-26, defining a person with a substantial physical disability. The department shall issue and deliver to the applicant special plates with letters, numbers, or symbols, or any combination thereof, as the secretary may prescribe. The special plates shall be designed to readily apprise law enforcement officers of the fact that the motor vehicle is owned, operated, or used in transporting a person with a substantial physical disability. No charge may be made for the issuance of the special plates. The special plates shall be in lieu of the regular number plates issued for the motor vehicle. The special plates shall be displayed as set forth in § 32-5-98. If the applicant is no longer a person or the parent or legal guardian of a dependent with a substantial physical disability or is deceased, the special plates shall be surrendered within thirty days to the county treasurer of the applicant’s residence. The treasurer shall notify the secretary who shall make the necessary changes in the registration file. The owner shall obtain regular number plates. Failure to surrender the special license plates as required by this section is a Class 2 misdemeanor. It is a Class 1 misdemeanor to submit a false or fraudulent application.
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 1 misdemeanor | up to 1 year | up to $2,00 |
| Class 2 misdemeanor | up to 30 days | up to $500 |
Terms Used In South Dakota Codified Laws 32-5-76
- Dependent: A person dependent for support upon another.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
Source: SL 1966, ch 134, § 1; SL 1974, ch 211; SL 1979, ch 204, § 1; SL 1982, ch 234; SL 1986, ch 242, § 14; SL 1997, ch 179, § 3; SL 2002, ch 149, § 1; SL 2007, ch 173, § 26, eff. July 1, 2008; SL 2016, ch 156, § 1; SL 2018, ch 179, § 1.