If a driver is stopped and requested to produce proof of financial responsibility does not do so, and is not the owner of that vehicle, but is operating that vehicle with the permission of the owner, the driver may not be cited, and the provisions of §§ 32-35-113 to 32-35-122, inclusive, apply to the owner rather than the driver. A law enforcement officer having stopped such a vehicle operated by someone other than the owner shall take down the necessary information and turn it over to the state’s attorney for possible prosecution against the owner. However, the prosecuting attorney shall request that a summons be issued pursuant to § 23A-2-2 rather than an arrest warrant.

However, the provisions of this section do not apply to any new or used motor vehicle dealer who in the course of his business may allow a customer to drive any new or used motor vehicle from his inventory of vehicles.

Source: SL 1986, ch 269, § 6; SL 1987, ch 242; SL 1989, ch 265, § 33; SL 1993, ch 241.