November 13, 1986

Mr. Burleigh E. Boldt 
Davison County State's Attorney 
Davison County Courthouse 
Mitchell, South Dakota 57301

OFFICIAL OPINION NO. 86-43

Drivers' registration suspension

Dear Mr. Boldt:

You have requested an official opinion from this office regarding the following factual situation:

FACTS: 

On August 20, 1986, a complaint was signed by a trooper of the South Dakota Highway Patrol alleging that:  On or about the 16th day of August, 1986, in the County of Davison, State of South Dakota, Defendant did commit the public offense of operation of a vehicle while registration was suspended (Class 1 misdemeanor) in violation of SDCL 32-5-101, in that Defendant operated a motor vehicle upon a public highway in Davison County, South Dakota, at a time when the registration thereof was suspended, contrary to the statute in such case made and provided against the peace and dignity of the State of South Dakota. 

On or about the 13th day of September, 1984, the State of South Dakota, through the Department of Commerce and Regulation Driver Improvement Program, Pierre, South Dakota, did notify Defendant that his driver's license was suspended and the registration and plates of all vehicles owned by him were suspended for nonpayment of a judgment in the amount of $2,657.65 plus costs and interest, which judgment resulted from a vehicle accident on or about 12/01/83. 

Defendant's vehicle is registered in the name of Defendant and co-owner.  Davison County continues to issue a license for said vehicle.

You have asked the following questions:

QUESTIONS: 

1.  Is the registration suspension effective against all registered owners of the vehicle, thereby preventing the vehicle from being registered and licensed in the State of South Dakota? 

2.  Can the vehicle continue to be licensed in the name of the co-owner.

IN RE QUESTION NO. 1:

The answer to your question rests on the interpretation given SDCL 32-35-52, which provided the authority for suspension of the Defendant's driving privileges and motor vehicle registration under the facts presented.  That section states as follows: 

The department of commerce and regulation upon receipt of a certified copy of a judgment shall forthwith suspend the license and registration and any nonresident's operating privilege of any person against whom such judgment was rendered except as provided in § §  32-35-53 to 32-35-56, inclusive.

In construing any statute, the main objective is to ascertain and give effect to the intention of the legislature.  Norgeot v. State, 334 N.W.2d 501 (S.D. 1983).  Such intent must be derived from the statute as a whole as well as  other enactments relating to the same subject.  Simpson v. Tobin, 367 N.W.2d 757 (S.D. 1985).

It is my opinion upon application of the foregoing rules of construction that the registration suspension is, under the circumstances, effective against all owners of the vehicle as defined under SDCL 32-35-1(10).  Other statutes within SDCL ch. 32-35 indicate that such an application was intended by the legislature.

SDCL 32-35-44 provides as follows: 

Whenever, under any law of this state except the provisions of §  35-9-5, the license of any person is suspended or revoked by reason of a conviction or a forfeiture of bail, the department of commerce and regulation shall suspend the registration of all vehicles registered in the name of such person as owner, except as provided by § §  32-35-45 and 32-35-46.

SDCL 32-35-11 provides in pertinent part: 

If an owner's registration has been suspended under this chapter, such registration shall not be transferred nor the vehicle in respect to which such registration was issued be registered in any other name until the department of commerce and regulation is satisfied that such transfer of registration is proposed in good faith and not for the purpose or with the effect of defeating the purposes of this chapter.

Section 32-35-44 provides for the registration suspension of all vehicles  registered in the name of the violator as owner. The purpose of SDCL 32-35-111 is obviously to prevent simple re-registration in the name of another absent an actual transfer of vehicle ownership.  The statutes sufficiently clarify SDCL 32‑35‑52 and indicate that as long as the Defendant remains an owner of the vehicle, the registration suspension under Chapter 32-35 prevents registration in the name of any other owner of the vehicle.

IN RE QUESTION NO. 2:

The reasoning set forth in responding to your previous question applies.  It is my opinion that the vehicle cannot continue to be licensed in the name of the co-owner under the facts you have presented.

Respectfully submitted,

Mark V. Meierhenry
Attorney General