South Dakota Odometer Disclosure Statement: Filing and Penalties

South Dakota’s odometer disclosure statement requirements apply to most vehicle sales: the seller must record the current mileage and sign a disclosure, either on the assignment section on the back of the title or on the state’s separate Odometer Disclosure form (Form 1021), and the buyer must file the transfer with the county treasurer within 45 days. The rule covers vehicles less than 20 years old with a gross vehicle weight rating under 16,000 pounds. Lying on the disclosure is a Class 6 felony.¹

Which Vehicles Need an Odometer Disclosure

South Dakota Codified Law 32-3-30.1 requires odometer information on every title and a mileage statement whenever a vehicle changes hands.¹ A federal rule effective January 2021 sets the outer limits: the vehicle must be less than 20 years old and under 16,000 pounds GVWR.²

The age cutoff splits by model year. Vehicles from model year 2010 or earlier became exempt once they hit 10 years old, so all of those are now outside the disclosure window. Vehicles from model year 2011 forward stay subject to disclosure for 20 years from the calendar year matching their model year.³ A 2011 model, for instance, isn’t exempt until transfers in 2031. Anything over 16,000 pounds GVWR is exempt no matter how new, which covers most heavy commercial trucks, buses, and large equipment.

How to Fill Out the Disclosure

Most sellers use the assignment section on the back of the South Dakota title. It has space for the odometer reading plus buyer and seller signatures. If the title is an older version without an odometer block, or there isn’t room, use Form 1021, the state’s standalone Odometer Disclosure form, available on the South Dakota Department of Revenue website or at any county treasurer’s office.⁴

Either way, the fields are the same. The seller enters the vehicle’s year, make, model, color, full 17-digit VIN, and the current odometer reading. Drop the tenths. Then pick one of three certifications:⁵

Actual mileage, meaning the odometer reflects the true distance traveled.
Exceeds mechanical limits, meaning the odometer has rolled past its maximum (99,999 or 999,999 miles) and the display isn’t the full total.
Not actual mileage, meaning the reading is unreliable because of a mechanical problem, calibration error, or odometer replacement.

Both parties print and sign their names. A missing signature or blank field is one of the most common reasons the county treasurer rejects a title application, so make sure names match exactly what’s on the current title.⁵

When the Seller Can’t Sign in Person

If the seller isn’t available to sign the title or disclosure, South Dakota law allows a secured power of attorney. Under 32-3-30.1, the seller must complete that document before surrendering or transferring the title.¹ It authorizes a designated person to sign on the seller’s behalf and carries its own odometer disclosure section. Dealers rely on it heavily for trade-ins and auction purchases.

Filing the Transfer

The buyer takes the signed title (and Form 1021, if used) to the county treasurer in their county of residence. South Dakota law requires the application to be filed within 45 days of the date the vehicle was assigned to the buyer.⁶ The title transfer fee is $10.⁷ After the treasurer verifies the paperwork, the file goes to the Department of Revenue, which mails out the new title.

Missing the 45-day deadline gets expensive. The treasurer charges $1 for each week (or partial week) past the deadline, up to 25 weeks, then a flat $50 at 26 weeks and beyond. Waiting more than 90 days past the assignment date is a Class 2 misdemeanor. The seller can also file a written complaint if the buyer doesn’t complete the transfer within 45 days, which independently exposes the buyer to the same misdemeanor charge.⁸

Penalties for a False Disclosure

Knowingly entering false odometer information on a title or disclosure form is a Class 6 felony under 32-3-30.1.¹ A Class 6 felony carries up to two years in a state correctional facility, a fine of up to $4,000, or both.⁹ This covers lying on the paperwork even when the odometer itself hasn’t been touched.

Physically rolling back, disconnecting, or resetting an odometer is a separate offense under 32-15-33. A first violation is a Class 1 misdemeanor (up to a year in county jail, a fine up to $2,000, or both). A second or later violation becomes a Class 6 felony. Legitimate repair or replacement is allowed, but when the work changes the displayed mileage, a notice must be permanently attached to the left front door frame of the vehicle.¹⁰

Private sellers aren’t bound by the dealer recordkeeping statute, but keeping a copy of the signed disclosure is sensible protection if a dispute over mileage comes up later.

1
South Dakota Legislature. South Dakota Codified Law 32-3-30.1 – Odometer Information on Certificate Required on Sale Falsification as Felony
2
South Dakota Department of Revenue. Federal Ruling Changes Odometer Requirements
3
Federal Register. Odometer Disclosure Requirements
4
South Dakota Department of Revenue. 5 Common Errors When Titling a Vehicle
5
Fall River County, South Dakota. Adding or Removing a Name from a South Dakota Title
6
South Dakota Legislature. South Dakota Codified Law 32-3-26 – Time for Filing Application for Certificate Vehicles in Dealers Stock
7
South Dakota Department of Revenue. Motor Vehicle
8
South Dakota Legislature. South Dakota Codified Law 32-3-27 – Late Application for Certificate Additional Fee Application Delay as Misdemeanor
9
South Dakota Legislature. South Dakota Codified Law 22-6-1 – Felony Classes and Penalties
10
South Dakota Legislature. South Dakota Codified Law 32-15-33 – Disconnecting Resetting or Altering Odometer as Criminal Offense