§ 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-5.2 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-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-36.3 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-41.1 Cease and desist order for specified violations–Period of effectiveness
§ 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-41.6 Finality of order
§ 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-45 Good cause required for franchisor termination, cancellation, nonrenewal, or change in competitive circumstances
§ 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-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-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-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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Terms Used In South Dakota Codified Laws > Title 32 > Chapter 6B - Regulation of Vehicle Dealers

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to 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.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2