Terms used in §§ 32-20-17 through 32-20-20 mean:

(1) “Off-road vehicle activity,” includes:

Terms Used In South Dakota Codified Laws 32-20-17

  • 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.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(a) An off-road vehicle show, competition, performance, parade, hunt, recreational ride, or trail ride;

(b) Off-road vehicle training or teaching activities, or both;

(c) Riding, inspecting, or evaluating an off-road vehicle belonging to another person, whether the owner has received monetary consideration or anything of value for the use of the off-road vehicle or is permitting a prospective purchaser of the off-road vehicle to ride, inspect, or evaluate the off-road vehicle; or

(d) A ride, trip, hunt, or other off-road vehicle activity, however informal or impromptu, that is sponsored by an off-road vehicle activity sponsor;

(2) “Off-road vehicle activity sponsor,” includes the following:

(a) An individual, group, club, partnership, or corporation, whether operating for-profit or not-for-profit, that sponsors, organizes, or provides the facilities for an off-road vehicle activity including a club, riding club, hunt club, park, or a school or college-sponsored class, program, or activity;

(b) An operator, instructor, or promoter of an off-road vehicle facility, including any commercial off-road park charging fees to the public or offering private memberships to use the park’s trail system and related amenities for off- road vehicle uses, trail system, clubhouse, or arena where the activity is held; or

(c) A landowner who has given permission for the use of the landowner’s land in an off-road activity either by easement or other means;

(3) “Off-road vehicle professional,” any person who, for compensation, instructs the participant or rents an off-road vehicle to the participant for the purpose of driving or being a passenger on the off-road vehicle, or who rents equipment to a participant;

(4) “Participant,” any person, amateur or professional, who engages in off-road vehicle activity, whether or not a fee is paid to participate in the off-road vehicle activity.

Source: SL 2020, ch 120, § 1.