South Dakota registration

[Dave n Deb]

yourbestaddress.com sioux fall sd has all info and can do most of it for you we switched to sd 6 years agao and it has been great

[twogypsies]

Originally Posted by DR60

If they see your out of state tags for several days, they will pull you over to see if you are just passing through or if you are working here. With retired people it gets harder to prove. But they will ask. DR

We and many, many thousands of full-timers and snowbirds travel and even winter in CA & I've never heard of anyone with an out-of-state license plate being pulled over for that reason.

[AJMike]

[QUOTE=bigchick;6269568]well said!

where we live we have the option to select from several different pricing plans based upon how you use the electricity. the total cost for the same electrical usage can vary greatly between the different plans. so plan selection is very important.


I think we probably have the same option here in the Phoenix area but I just use the normal plan and pay the same amount every month all year. That way my summer cost is no higher than my winter cost and the amount is really not very high.

Originally Posted by bigchick

well said!

as far as AZ law enforcement pulling over out of state plates i do not put any credence in this. during some parts f the year the majority of rv' in az are out of state. it is estimated that AZ draws at least 600,000 snowbirds each year!

I was not the person who posted that, but his post did say that they only did that in the summer.

For those who think that registering a car and/or RV in SD is perfectly OK I thought I would post a part of the Arizona MVD description of who must register their vehicle in Arizona.

Arizona Resident Definition
State law requires that you obtain an Arizona vehicle registration and driver license, immediately if any of the following apply:

You work in Arizona (other than for seasonal agricultural work).
You are registered to vote in Arizona.
You place children in school without paying the tuition rate of a nonresident.
You have a business with an office in Arizona that bases and operates vehicles in this state.
You obtain a state license or pay school tuition fees at the same rate as an Arizona resident.
You have a business that operates vehicles to transport goods or passengers within Arizona.
You remain in Arizona for a total of seven months or more during any calendar year, regardless of your permanent residence.

[JRI]

Originally Posted by etcetera

I don't mind flying there for registration.

If you don't mind flying there for registration, why not get DL at the same time?
I was able to get registration, DL and voter registration in 2 days. You do need to spend a day in SD before you can do anything. A receipt from a hotel serves as proof. I flew into Rapid City, went to the Pennington County office and registered motor home. Next stop was a local DMV office where I obtained the DL and voter registration.

Everyone I dealt with were accommodating and friendly. Since you have no ties to other states it is perfectly legal to do this.

[Rev. Roy]

First I will say I get real suspicious of anyone wanting to register their vehicles in another state without wanting a driver's license from that state. Just what are you afraid of? In some states if you have a driver's license from that state but you are driving a vehicle registered under your name from another state, you will cited for not having a properly registered vehicle. They may even inpound that vehicle.
We've found that SD not only has no income tax, but their base sales tax is 4.5%, insurance is cheaper than most states, and you can register and then vote via absentee ballot.
FYI, I read an article a year or so ago that NY was going after those living in the state with vehicles registered under a LLC in another state and offering a reward for people who report them. The State Attorney General said any vehicle that parks and drive in NY is required to be registered there even if it is registered as a LLC owned vehicle.

[Hoss Hauler]

A question for those who live temporarily in AZ and comply with the last item in the list, below: If you apply for a license based upon that AZ law do you have to surrender your regular license to get the AZ license? Or can you keep it and consider the AZ a "temporary" as it is a requirement imposed by AZ law and is otherwise contrary to your actual domicile?

Hoss

[QUOTE=AJMike;6270472]

Originally Posted by bigchick

well said!

where we live we have the option to select from several different pricing plans based upon how you use the electricity. the total cost for the same electrical usage can vary greatly between the different plans. so plan selection is very important.


I think we probably have the same option here in the Phoenix area but I just use the normal plan and pay the same amount every month all year. That way my summer cost is no higher than my winter cost and the amount is really not very high.



I was not the person who posted that, but his post did say that they only did that in the summer.

For those who think that registering a car and/or RV in SD is perfectly OK I thought I would post a part of the Arizona MVD description of who must register their vehicle in Arizona.

Arizona Resident Definition
State law requires that you obtain an Arizona vehicle registration and driver license, immediately if any of the following apply:

You work in Arizona (other than for seasonal agricultural work).
You are registered to vote in Arizona.
You place children in school without paying the tuition rate of a nonresident.
You have a business with an office in Arizona that bases and operates vehicles in this state.
You obtain a state license or pay school tuition fees at the same rate as an Arizona resident.
You have a business that operates vehicles to transport goods or passengers within Arizona.
You remain in Arizona for a total of seven months or more during any calendar year, regardless of your permanent residence.

[twogypsies]

Originally Posted by Hoss Hauler

A question for those who live temporarily in AZ and comply with the last item in the list, below: If you apply for a license based upon that AZ law do you have to surrender your regular license to get the AZ license? Or can you keep it and consider the AZ a "temporary" as it is a requirement imposed by AZ law and is otherwise contrary to your actual domicile?

Hoss

No, you can't have two licenses. I doubt any state would allow that.

[AJMike]

Originally Posted by Hoss Hauler

A question for those who live temporarily in AZ and comply with the last item in the list, below: If you apply for a license based upon that AZ law do you have to surrender your regular license to get the AZ license?

I am an Arizona resident (at least for now) and I had to surrender my old license when I moved here and got an AZ license.

Since I have never really looked into living somewhere temporarily I am not at all sure of the rules, but I have two comments. First, if someone is living here temporarily I don't see why they would have to get an AZ license and, second, if someone is living here for long enough for the law to require that they get an AZ license (7 months) how can they claim that somewhere else is their permanent location? 7 months means that AZ believes you to be a permanent resident, so I assume you could not have an alternate "permanent" residency.

[Hoss Hauler]

Originally Posted by twogypsies

No, you can't have two licenses. I doubt any state would allow that.

Thank you. That was my suspicion.

Now, a second question: Has there ever been a challenge to the AZ law? Just 'cause the State says "comply" does not mean the State's demand is Constitutional.

If there is no clear answer, hear, I'll try and research the question but I've got no access to a first rate Law Library unless I head of 30 miles to the nearest law school. That won't be for a bit!!!

Hoss

[Hoss Hauler]

Originally Posted by AJMike

I am an Arizona resident (at least for now) and I had to surrender my old license when I moved here and got an AZ license.

Since I have never really looked into living somewhere temporarily I am not at all sure of the rules, but I have two comments. First, if someone is living here temporarily I don't see why they would have to get an AZ license and, second, if someone is living here for long enough for the law to require that they get an AZ license (7 months) how can they claim that somewhere else is their permanent location? 7 months means that AZ believes you to be a permanent resident, so I assume you could not have an alternate "permanent" residency.

It is possible for a person to have a very long-term work assignment (or other long-term but not permanent residence) in a place they do not ever intend on being a "permanent residence." That's something driven by individual life demands, not legislative whim. Remember that once you have changed "domicile" (not "residence") there is a cascade of changes you must make (insurance, tags, tax liability, etc.). It IS a "big deal." And a money maker for the jurisdiction. If the AZ "7 month rule" is a legal presumption then it is subject to review.

Presumptions come in two classes, "rebuttable" and "irrebuttable." The second one you cannot lawfully challenge as, by definition, it is correct. The first one you can. Hence my question about people who have challenged the 7 month rule (as being "arbitrary and capricious" or on some other ground).

I understand why AZ is doing what it is doing. That does not make it automatically Constitutional.

Hoss

[rjsupersonic]

We have been full time for 11 years, 2 different motorhomes both registered with a Montana LLC. We also have South Dakota driver's licenses and have had no issues with insurance, border crossings or domicile. Geico has RV insurance experts, the only question with the LLC was is the LLC for business or pleasure. It's not for business so Geico will insure you not problem. In regards to getting stopped for out of state plates in AZ for no reason that's not going to happen as a retired LEO there has to be reasonable cause for a stop not just speculation, although I don't think we have been in AZ more that 6 months out of a year.

[AJMike]

Originally Posted by Hoss Hauler

Now, a second question: Has there ever been a challenge to the AZ law? Just 'cause the State says "comply" does not mean the State's demand is Constitutional.

If there is no clear answer, hear, I'll try and research the question but I've got no access to a first rate Law Library unless I head of 30 miles to the nearest law school. That won't be for a bit!!!

That is an interesting question and, not being a lawyer, I do not know the answer and would not know enough about the law search mechanisms to find out.

What I would say is that the AZ law is the law until and unless it is successfully challenged in court, so regardless of any potential challenges it is illegal in AZ to register your car in a different state now if you fit the state definition of a resident. And that is what the thread has been about.

It would be interesting to find out if the state law has been challenged in the past and, if so, what the courts said about the issue. There is also the question about whether it is possible to be resident in two states simultaneously. If SD considers one day of residency enough to qualify as a resident, and AZ says that someone who spends 7 months in the state is a resident then why would it be illegal to claim both as residencies and have 2 driver's licenses? I just don't know the answer to that.

Perhaps someone on this thread is a lawyer and can answer this question?

[AJMike]

Originally Posted by rjsupersonic

We have been full time for 11 years, 2 different motorhomes both registered with a Montana LLC. We also have South Dakota driver's licenses and have had no issues with insurance, border crossings or domicile. Geico has RV insurance experts, the only question with the LLC was is the LLC for business or pleasure. It's not for business so Geico will insure you not problem. In regards to getting stopped for out of state plates in AZ for no reason that's not going to happen as a retired LEO there has to be reasonable cause for a stop not just speculation, although I don't think we have been in AZ more that 6 months out of a year.

Sure. But you are a full timer and the question has to do with someone who has permanent residency in some state but wants to register his RV in a second state.

I don't think there is any question that what you are doing is legal. The question has to do with those not full timers.

[BikesAndGuns]

Originally Posted by etcetera

I am a contractor in IT, travel all the time, (6 month gig here, 3-month gig there ad infinitum) all over the country and don't have a connection to any state, or own any property.
I want to register my RV in South Dakota.
I do not want to get a DL in South Dakota. I hear there are 7 counties in SD where it's possible?
What are the basic steps? Can it be done remotely? I don't mind flying there for registration.
What else do I need other than the vehicle title and the application and Proof of the SS#? So I get there prepared?

I found a number of web sites about the matter but wanted to talk to someone who has done it.

So, do you have the information you need now, or do you still have questions? As usual, when a topic like this comes up, people raise many related issues. I think that's great, and makes this forum even more useful to all of us. But did you get what you needed?