July 6, 1976
Mr. Leon J. Vander Linden
State's Attorney
Day County Courthouse
Webster, South Dakota 57274
OFFICIAL OPINION NO. 76-66
Use of gooseneck trailers without licenses
Dear Mr. Vander Linden:
You have requested an official opinion from this office concerning the following factual situation:
Certain farmers in Day County, South Dakota, are using gooseneck trailers without licenses. These trailers are used for all types of agricultural purposes.
Bases on the above facts you ask:
Are gooseneck trailers required to be licensed?
SDCL 32-5 provides for annual registration and license plates for moving vehicles on the state highways. An exemption from the general requirements of licensing is provided for certain farm vehicles in SDCL 32-5-1.1. That statute provides:
Any farm vehicle designed and used primarily for tillage, for harvesting, or wagons and other implements of husbandry, drawn by another vehicle, if the use thereof is confined to agricultural purposes or to the conveyance of agricultural products and the transportation of farm property by or for the producers thereof, from farm to farm within vicinity or from local community or market to farm or from farm to a local community or market, shall be exempt from the provisions of this chapter.
Based on the above citation, it is my opinion that gooseneck trailers, such as those you describe, would appear to be exempt from the licensing requirements of SDCL 32-5. The exemption exists, however, only if the vehicle is used for agricultural purposes or for the conveyance of agricultural products and property as provided by SDCL 32-5-1.1. Violation of the provisions of SDCL 32-5-1.1 would be a misdemeanor under SDCL 32-5-105.
Decisions as to the propriety of bringing charges under SDCL 32-5-105, for violations of SDCL 32-5-1.1, would, of course, have to be made on the basis of the facts in any particular situation. Since SDCL 32-5-1.1 grants exemption from the licensing of certain vehicles in specified situations, the question of whether or not the vehicles have been used for the specified purposes would be a critical factual determination to make. That determination would need to be made for each particular situation under scrutiny.
Respectfully submitted,
WILLIAM J. JANKLOW
ATTORNEY GENERAL
WJJ:DOC:dh
