Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking after the enacting words and inserting:
/ SECTION 1. Section 56-1-10 of the 1976 Code, as last amended by Act 216 of 2010, is further amended to read:
"Section 56-1-10.
For the purpose of this title, unless otherwise indicated,
the following words, phrases, and terms are defined as
follows:
(1) 'Driver' means
every person who drives or is in actual physical control of a
vehicle.
(2) 'Operator' means
every person who drives or is in actual physical control of a
motor vehicle or who is exercising control over or steering a
vehicle being towed by a motor vehicle.
(3) 'Owner' means a
person, other than a lienholder, having the property interest
in or title to a vehicle. The term includes a person
entitled to the use and possession of a vehicle subject to a
security interest in another person, but excludes a lessee under
a lease not intended as security. This term also includes a
person to whom a moped is registered if the moped is not
titled.
(4) 'Department'
means the Department of Motor Vehicles when the term refers to
the duties, functions, and responsibilities of the former Motor
Vehicle Division of the Department of Public Safety and means
the Department of Public Safety otherwise and in Section
56-3-840.
(5) 'State' means a
state, territory, or possession of the United States and the
District of Columbia, or the Commonwealth of Puerto Rico.
(6) 'Highway' means the
entire width between the boundary lines of every way publicly
maintained when any part of it is open to the use of the public
for purposes of vehicular travel.
(7) 'Motor vehicle'
means every vehicle which is self-propelled and every vehicle
which is propelled by electric power obtained from overhead
trolley wires but not operated upon rails.
(8) 'Motorcycle' means
every motor vehicle having no more than two permanent functional
wheels in contact with the ground or trailer and having a saddle
for the use of the rider, but excluding a tractor and a
moped.
(9) 'Nonresident' means
every person who is not a resident of this State.
(10) 'Nonresident's
operating privilege' means the privilege conferred upon a
nonresident by the laws of this State pertaining to the
operation by the person of a motor vehicle, or the use of a
vehicle owned by the person, in this State.
(11) 'Conviction' means
an unvacated adjudication of guilt, or a determination that a
person has violated or failed to comply with the law in a court
of original jurisdiction, an unvacated forfeiture of bail or
collateral deposited to secure the person's appearance in court,
a plea of guilty or nolo contendere accepted by the court, the
payment of a fine or court cost, or violation of a condition of
release without bail, regardless of whether or not the penalty
is rebated, suspended, or probated.
(12) 'Cancellation of
driver's license' means the annulment or termination by formal
action of the Department of Motor Vehicles of a person's
driver's license because of some error or defect in the license
or because the licensee is no longer entitled to the license;
the cancellation of a license is without prejudice, and
application for a new license may be made at any time after the
cancellation.
(13) 'Revocation of
driver's license' means the termination by formal action of the
Department of Motor Vehicles of a person's driver's license or
privilege to operate a motor vehicle on the public highways,
which privilege to operate is not subject to renewal or
restoration, except that an application for a new license may be
presented and acted upon by the department.
(14) 'Suspension of
driver's license' means the temporary withdrawal by formal
action of the Department of Motor Vehicles of a person's
driver's license or privilege to operate a motor vehicle on the
public highways, which temporary withdrawal shall be as
specifically designated.
(15) 'Automotive
three-wheel vehicle' means every motor vehicle having no more
than three permanent functional wheels in contact with the
ground, having a bench seat for the use of the operator, and
having an automotive type steering device, but excluding a
tractor or motorcycle three-wheel vehicle.
(16) 'Alcohol' means a
substance containing any form of alcohol including, but not
limited to, ethanol, methanol, propanol, and isopropanol.
(17) 'Alcohol
concentration' means:
(a)
the number of grams of alcohol for each one hundred
milliliters of blood by weight; or
(b)
as determined by the South Carolina Law Enforcement
Division for other bodily fluids.
(18) 'Motorcycle
three-wheel vehicle' means every motor vehicle having no more
than three permanent functional wheels in contact with the
ground to include motorcycles with detachable side cars, having
a saddle type seat for the operator, and having handlebars or a
motorcycle type steering device but excluding a tractor or
automotive three-wheel vehicle.
(19) 'Low speed
vehicle' or 'LSV' means a four-wheeled motor vehicle, other than
an all terrain vehicle, whose speed attainable in one mile is
more than twenty miles an hour and not more than twenty-five
miles an hour on a paved level surface, and whose
GVWR gross vehicle weight rating (GVWR)
is less than three thousand pounds.
(20) 'All terrain
vehicle' or 'ATV' means a motor vehicle measuring fifty inches
or less in width, designed to travel on three or more wheels and
designed primarily for off-road recreational use, but not
including farm tractors or equipment, construction equipment,
forestry vehicles, or lawn and grounds maintenance vehicles.
(21) 'Operator' or
'driver' means a person who is in actual physical control of a
motor vehicle.
(22) 'Person' means
every natural person, firm, partnership, trust, company, firm,
association, or corporation. Where the term 'person' is used in
connection with the registration of a motor vehicle, it includes
any corporation, association, partnership, trust, company, firm,
or other aggregation of individuals which owns or controls the
motor vehicle as actual owner, or for the purpose of sale or for
renting, as agent, salesperson, or otherwise.
(23) 'Office of Motor
Vehicle Hearings' means the Office of Motor Vehicle Hearings
created by Section 1-23-660. The Office of Motor Vehicle
Hearings has exclusive jurisdiction to conduct all contested
case hearings or administrative hearings arising from department
actions.
(24) 'Administrative
hearing' means a 'contested case hearing' as defined in Section
1-23-310. It is a hearing conducted pursuant to the South
Carolina Administrative Procedures Act.
(25) 'Home
jurisdiction' means the jurisdiction which has issued and has
the power to suspend or revoke the use of the license or permit
to operate a motor vehicle.
(26) 'Moped'
means a cycle, defined as a motor vehicle, with or without
pedals, to permit propulsion by human power, that travels on not
more than three wheels in contact with the ground whether
powered by gasoline, electricity, alternative fuel, or a hybrid
combination thereof. Based on the engine or fuel source, the
moped must be equipped not to exceed the following limitations:
a motor of fifty cubic centimeters; or designed to have an input
exceeding 750 watts and no more than 1500 watts. If an internal
combustion engine is used, the moped must have a power drive
system that functions directly or automatically without
clutching or shifting by the operator after the drive system is
engaged.
(27)
'Daylight hours' means after six o'clock a.m. and no
later than six o'clock p.m. However, beginning on the day that
daylight saving time goes into effect through the day that
daylight saving time ends, 'daylight hours' means after six
o'clock a.m. and no later than eight o'clock p.m. All other
hours are designated as nighttime hours.
(28)
'Vehicle' means every device in, upon, or by which a
person or property is or may be transported or drawn upon a
highway, except devices moved by human power or used exclusively
upon stationary rails or tracks."
SECTION 2. Section 56-1-30 of the 1976 Code is amended to read:
"Section 56-1-30.
The following persons are exempt from licenses under this
article chapter:
(1) Any employee of the
United States Government while operating a motor vehicle owned
by or leased to the United States Government and being operated
on official business, unless the employee is required by the
United States Government or the Federal agency by which he is
employed to have a State driver's license;
(2) A nonresident who
is at least sixteen years of age and who has in his immediate
possession a valid operator's or chauffeur's license issued to
him in his home state or country may operate a motor vehicle,
but a person may not claim nonresidence exemption under this
provision who does not maintain a permanent residence address in
the state or country of which he holds a valid and current
operator's or chauffeur's license at which he regularly receives
his mail and which address is on file with the motor vehicle
authorities of that state or country; also, a person may not
claim nonresidence exemption under this provision who for all
other intents and purposes has or may remove his residence into
this State;
(3) Any nonresident who
is at least eighteen years of age and whose home state or
country does not require the licensing of operators may operate
a motor vehicle for a period of not more than ninety days in any
calendar year, if the motor vehicle is duly registered in the
home state or country of the nonresident and a nonresident on
active duty in the Armed Services of the United States who has a
valid license issued by his home state and the nonresident's
spouse or dependent who has a valid license issued by his home
state;
(4) A person operating
or driving implements of husbandry temporarily drawn, propelled,
or moved upon a highway. Implements of husbandry include, but
are not limited to, farm machinery and farm equipment other than
a passenger car.
(5) Any person on
active duty in the Armed Services of the United States who has
in his immediate possession a valid driver's license issued in a
foreign country or by the Armed Services of the United States
may operate a motor vehicle in this State for a period of not
more than ninety days from the date of his return to the United
States; and
(6) A citizen of a
foreign jurisdiction whose licensing procedure is at least as
strict as South Carolina's, as determined by the Department of
Motor Vehicles, who is at least eighteen years of age, who is
employed in South Carolina, and who has a valid driver's license
issued by that jurisdiction may drive in this State for five
years if the foreign jurisdiction provides a reciprocal
arrangement for South Carolina residents. The provisions of this
item also shall apply to the dependents of foreign nationals who
qualify under this section."
SECTION 3. Section 56-1-50 of the 1976 Code, as last amended by Act 267 of 2016, is further amended to read:
"Section 56-1-50.
(A) A person who is at least fifteen years of age may
apply to the Department of Motor Vehicles for a beginner's
permit. After the applicant has passed successfully all parts of
the examination other than the driving test, the department may
issue to the applicant a beginner's permit which entitles the
applicant having the permit in his immediate possession to drive
a motor vehicle under the conditions contained in this section
on the public highways for not more than twelve months.
(B) The permit is valid
only in the operation of:
(1)
vehicles after six o'clock a.m. and not
later than midnight. Except as provided in subsection (E), while
driving, the permittee must be accompanied by a licensed driver
twenty-one years of age or older who has had at least one year
of driving experience. A permittee may not drive between
midnight and six o'clock a.m. unless accompanied by the
permittee's licensed parent or guardian;
(2)
motorcycles or mopeds after six
o'clock a.m. and not later than six o' clock p.m. However,
beginning on the day that daylight saving time goes into effect
through the day that daylight saving time ends, the permittee
may operate motorcycles or mopeds after six o'clock a.m. and not
later than eight o'clock p.m. A permittee may not operate a
motorcycle at any other time unless accompanied by a licensed
motorcycle operator twenty-one years of age or older who has at
least one year of driving experience. A permittee may not
operate a moped at any other time unless accompanied by a
licensed driver twenty-one years of age or older who has at
least one year of driving experience.
(C) The accompanying
driver must:
(1)
occupy a seat beside the permittee when the permittee is
operating a motor vehicle; or
(2)
be within a safe viewing distance of the permittee when
the permittee is operating a motorcycle or a moped.
(D) A beginner's permit
may be renewed or a new permit issued for additional periods of
twelve months, but. However, the
department may refuse to renew or issue a new permit where the
examining officer has reason to believe the applicant has not
made a bona fide effort to pass the required driver's road test
or does not appear to the examining officer to have the aptitude
to pass the road test. The fee for every beginner's or renewal
permit is two dollars and fifty cents, and the permit must bear
the full name, date of birth, and residence address and a brief
description and color photograph of the permittee and a
facsimile of the signature of the permittee or a space upon
which the permittee shall write his usual signature with pen and
ink immediately upon receipt of the permit. A permit is not
valid until it has been signed by the permittee.
(E) The following
persons are not required to obtain a beginner's permit to
operate a motor vehicle:
(1)
a student at least fifteen years of age regularly enrolled
in a high school of this State which conducts a driver's
training course while the student is participating in the course
and when accompanied by a qualified instructor of the course;
and
(2)
a person fifteen years of age or older enrolled in a
driver training course conducted by a driver training school
licensed under Chapter 23 of this title. However, this person at
all times must be accompanied by an instructor of the school and
may drive only an automobile owned or leased by the school which
is covered by liability insurance in an amount not less than the
minimum required by law.
(F) A person who has
never held a form of license evidencing previous driving
experience first must be issued a beginner's permit and must
hold the permit for at least one hundred eighty days before
being eligible for full licensure.
(G) The fees collected
pursuant to this section must be credited to the Department of
Transportation State Non-Federal Aid Highway Fund as
provided in the following schedule based on the actual date of
receipt by the Department of Motor Vehicles
Fees and Penalties General
Fund
Department of
Collected Afterof the State
Transportation
State
Non Federal Aid
June 30, 2005
60 percent
40 percent
June 30, 200620 percent
80 percent
June 30, 20070 percent
100 percent."
Section 4. Section 56-1-175 of the 1976 Code is amended to read:
"Section 56-1-175.
(A) The department of Motor Vehicles
may issue a conditional driver's license to a person who is at
least fifteen years of age and less than sixteen years of age,
who has:
(1)
held a beginner's permit for at least one hundred eighty
days;
(2)
passed a driver's education course as defined in
subsection (E)(D);
(3)
completed at least forty hours of driving practice,
including at least ten hours of driving practice during
darkness, supervised by the person's licensed parent or
guardian;
(4)
passed successfully the road tests or other requirements
the department may prescribe; and
(5)
satisfied the school attendance requirement contained in
Section 56-1-176.
(B) A conditional
driver's license is valid only in the operation
of:
(1)
vehicles during daylight hours. The holder
of a conditional license must be accompanied by a licensed adult
twenty-one years of age or older after six o'clock p.m. or eight
o'clock p.m. during daylight saving time. A conditional driver's
license holder may not drive between midnight and six o'clock
a.m., unless accompanied by the holder's licensed parent or
guardian; . The accompanying driver
must:
(1)
occupy a seat beside the conditional license
holder when the conditional license holder is operating a motor
vehicle; or
(2)
a motor scooter or light motor-driven cycle of
five-brake horsepower or less, during daylight hours
be within a safe viewing distance of the conditional license
holder when the conditional license holder is operating a
motorcycle or a moped.
(C) A conditional
driver's license holder may not transport more than two
passengers who are under twenty-one years of age unless
accompanied by a licensed adult who is twenty-one years of age
or older. This restriction does not apply when the conditional
driver's license holder is transporting family members, or
students to or from school.
(D) Daylight
hours, as used in this section, means after the hour of six
o'clock a.m. and no later than six o'clock p.m. However,
beginning on the day that daylight saving time goes into effect
through the day that daylight saving time ends, the holder of
the conditional license may operate a vehicle after six o'clock
a.m. and no later than eight o'clock p.m. For purposes of this
section, all other hours are designated as nighttime hours.
(E)
A driver training course, as used in this section, means a
driver's training course administered by a driver's training
school or a private, parochial, or public high school conducted
by a person holding a valid driver's instructor permit contained
in Section 56-23-85.
(F)(E)
For purposes of issuing a conditional driver's
license pursuant to this section, the department must accept a
certificate of completion for a student who attends or is
attending an out-of-state high school and passed a qualified
driver's training course or program that is equivalent to an
approved course or program in this State. The department must
establish procedures for approving qualified driver's training
courses or programs for out-of-state students."
SECTION 5. Section 56-1-180 of the 1976 Code is amended to read:
"Section 56-1-180.
(A) The department of Motor Vehicles
may issue a special restricted driver's license to a person who
is at least sixteen years of age and less than seventeen years
of age, who has:
(1)
held a beginner's permit for at least one hundred eighty
days;
(2)
passed a driver's education course as defined in
subsection (F);
(3)
completed at least forty hours of driving practice,
including at least ten hours of driving practice during
darkness, supervised by the person's licensed parent or
guardian;
(4)
passed successfully the road test or other requirements
the department may prescribe; and
(5)
satisfied the school attendance requirement contained in
Section 56-1-176.
(B)
The A special restricted driver's
license is valid only in the operation of:
(1)
vehicles during daylight hours.
During nighttime hours, The holder of a special
restricted driver's license must be accompanied by a licensed
adult, twenty-one years of age or older after six o'clock
p.m. or eight o'clock p.m. during daylight savings time. The
holder of a special restricted driver's license may not drive
between midnight and six o'clock a.m., unless accompanied by the
holder's licensed parent or guardian. The accompanying driver
must:
(1)
occupy a seat beside the conditional license
holder when the conditional license holder is operating a motor
vehicle; or
(2)
be within a safe viewing distance of the
conditional license holder when the conditional license holder
is operating a motorcycle or a moped.
(C) The
restrictions in this section may be modified or waived by the
department if the restricted licensee proves to the department's
satisfaction that the restriction interferes or substantially
interferes with:
(a)(1)
employment or the opportunity for employment;
(b)(2) travel
between the licensee's home and place of employment or school;
or
(c)(3) travel
between the licensee's home or place of employment and
vocational training;
(4)
travel between the licensee's church,
church-related and church-sponsored activities; or
(5)
travel between the licensee's parentally
approved sports activities.
(2) a motor
scooter or light motor-driven cycle of five-brake horsepower or
less during daylight hours.
(C)(D)
The waiver or modification of restrictions
provided for in item (1) subsection (C)
must include a statement of the purpose of the waiver or
modification executed by the parents or legal guardian of the
holder of the restricted license and documents executed by the
driver's employment or school official, as is appropriate,
evidencing the holder's need for the waiver or modification.
(D)(E)
A special restricted license holder may not
transport more than two passengers who are under twenty-one
years of age unless accompanied by a licensed adult twenty-one
years of age or older. This restriction does not apply when the
special restricted license holder is transporting family members
or students to or from school.
(E)
Daylight hours, as used in this section, means
after the hour of six o'clock a.m. and no later than six o'clock
p.m. However, beginning on the day that daylight saving time
goes into effect through the day that daylight saving time ends,
the holder of the special restricted license may operate a
vehicle after six o'clock a.m. and no later than eight o'clock
p.m. For purposes of this section, all other hours are
designated as nighttime hours. (F) A driver
training course, as used in this section, means a driver's
training course administered by a driver's training school or a
private, parochial, or public high school conducted by a person
holding a valid driver's instruction permit contained in Section
56-23-85.
(G) For purposes of
issuing a special restricted driver's license pursuant to this
section, the department must accept a certificate of completion
for a student who attends or is attending an out-of-state high
school and passed a qualified driver's training course or
program that is equivalent to an approved course or program in
this State. The department must establish procedures for
approving qualified driver's training courses or programs for
out-of-state students."
SECTION 6. Section 56-1-1710 of the 1976 Code is amended to read:
"Section 56-1-1710.
For purposes of this article, 'moped' means a
cycle with pedals to permit propulsion by human power or without
pedals and with a motor of not more than fifty cubic centimeters
which produces not to exceed two brake horsepower and which is
not capable of propelling the vehicle at a speed in excess of
thirty miles an hour on level ground. If an internal combustion
engine is used, the moped must have a power drive system that
functions directly or automatically without clutching or
shifting by the operator after the drive system is
engaged Reserved."
SECTION 7. Section 56-1-1720 of the 1976 Code is amended to read:
"Section 56-1-1720.
Until January 1, 1987, no person under the age of
twelve may operate a moped on the public highways and streets of
this State. After December 31, 1986, to operate a moped on the
public highways and streets of this State, a person must possess
a valid driver's license issued under Article 1 of this chapter
or a valid moped operator's license issued under this article,
except that a person whose driver's license has been suspended
for a period of six months or less is not required to obtain a
moped operator's license or possess a valid driver's license
during the period of suspension. From January 1, 1987, to
December 31, 1987, the Department shall not issue a moped
operator's license to any person who is less than thirteen years
of age. After December 31, 1987, the
(A) To
operate a moped on public highways, a person must possess a
valid driver's license issued under Article 1 of this chapter or
a valid moped operator's license issued under this article.
The department of Motor Vehicles shall not
may issue a moped operator's license to
any a person who is less than
fourteen fifteen years of age or
older.
(B) A person
younger than sixteen years of age with a moped operator's
license may operate a moped:
(1)
alone during daylight hours only; and
(2)
during nighttime hours when accompanied by a
licensed driver twenty-one years of age or older who has had at
least one year of driving experience. The accompanying driver
must be a passenger or within a safe viewing distance of the
operator when the operator is operating a moped.
(C) A person
sixteen years of age or older with a moped license may drive a
moped alone any time.
(D)
Any A person who
violates operates a moped in violation
of the provisions of this section is guilty of a misdemeanor
and, upon conviction of a first offense, must be fined
not less than twenty-five dollars nor more than
fifty not more than one hundred dollars and,
upon conviction of a second or subsequent offense, must be
fined not less than fifty not more than two
hundred dollars nor more than one hundred
dollars.
The Department may not issue a
beginner's permit or special restricted license as provided for
in Sections 56-1-50 and 56-1-180 to any person convicted of a
second or subsequent violation of operating a moped on the
public highways and roads of this State while under age, until
that person is at least fifteen and one-half years of age.(E) The fee for every
moped operator's license is twenty dollars . The fee collected
must be credited to the Department of Motor Vehicles to offset
costs. Any fees collected in excess of the costs must be
credited to the Department of Transportation State Non-Federal
Aid Highway Fund."
SECTION 8. Section 56-1-1730 of the 1976 Code is amended to read:
"Section 56-1-1730.
(A) A person is eligible for a
moped operator's license without regard to his eligibility for
or the status of any other driver's license or permit.
(B) The
Department of Motor Vehicles may suspend, revoke, or cancel a
moped operator's license only for violations committed while
operating a moped. A moped operator's license may be suspended,
revoked, or canceled in the same manner and upon the same
grounds for which any other motor vehicle operator's license or
permit may be suspended, revoked, or canceled."
SECTION 9. Section 56-2-2740(C) of the 1976 Code is amended to read:
"(C) All validation decals must be issued for a period not to exceed twelve months, except for vehicles which do not require the payment of property taxes."
SECTION 10. Chapter 2, Title 56 of the 1976 Code is amended by adding:
Section 56-2-3000. A person operating a moped on a public highway at all times must have in his possession a valid moped operator's license or valid driver's license and moped registration.
Section 56-2-3010. (A)
A moped operated on a public highway must be
registered and licensed with the department in the same fashion
as passenger vehicles pursuant to this title.
(B) The department
shall establish a special size and class of license plates for
mopeds that clearly identifies the motor vehicle as a moped and
distinctive numbering and/or lettering so as to be identifiable
to law enforcement.
(C) Mopeds are not
required to be titled in this State.
(D) If a manufacturer's
certificate of origin states the vehicle is a 'motor scooter',
'motor-driven cycle', or any similar term, the definitions of
'motorcycle' and 'moped', as shown in Section 56-1-10, must be
used to determine whether the vehicle must be registered as a
moped or must be titled and registered as a motorcycle.
Section 56-2-3020. (A)
A privately owned and operated moped of a
nonresident, otherwise subject to registration and license as
provided by this chapter, may be operated within this State
without being registered and licensed, provided the moped:
(1)
is duly registered or licensed in the state, territory,
district, or country of residence of the owner; and
(2)
has displayed or issued a valid registration, registration
card, license plate or decal, or other indicia satisfactorily
evidencing compliance with the requirements of the owner's home
jurisdiction.
(B) The moped of a
nonresident must be registered and licensed pursuant to this
article upon the earlier of a nonresident's:
(1)
establishment of domicile in this State; or
(2)
operation of the moped in this State for an accumulated
period exceeding one hundred and eighty days.
Section 56-2-3030. An owner of a moped required to be registered in this State shall make application to the department for the registration and licensing of the moped. The application must be made upon the appropriate form furnished by the department. Every application must bear the signature of the owner.
Section 56-2-3040. (A)
An application for registration and
licensing of a moped shall contain:
(1)
the name, bona fide residence and mailing address of the
owner or business address of the owner if a firm, association or
corporation;
(2)
a description of the moped including, insofar as this
exists with respect to a given moped, the make, model, type of
body, serial number or other identifying number, whether the
vehicle is new or used, and the date of sale by the manufacturer
or seller to the person intending to operate the moped;
(3)
other information that reasonably may be required by the
department to enable the department to determine whether the
moped is lawfully entitled to registration and licensing.
(B) The application
shall be accompanied by a bill of sale and a vehicle
registration certificate, manufacturer's certificate of origin,
or an affidavit from the applicant certifying that he is the
legal and rightful owner of the moped. The documentation
provided must list the vehicle specifications, including the
total cubic centimeters of the engine or wattage of the engine,
as applicable.
Section 56-2-3050. The department, at the request of the owner, may issue a title for the moped in conjunction with the moped registration, provided that the owner makes application for title on the appropriate form and provides the department with a manufacturer's certificate of origin or a prior title. If an owner cannot provide a manufacturer's statement of origin or prior title, the moped may be registered, but not titled.
Section 56-2-3060. (A)
A person is guilty of a misdemeanor who:
(1)
fraudulently uses or gives a false or fictitious name or
address in an application required to be made under this
article;
(2)
knowingly makes a false statement in an application;
or
(3)
knowingly conceals a material fact in an application.
(B) A person who
operates or an owner who permits the operation of a vehicle
registered and licensed under a violation of this section is
guilty of a misdemeanor and, upon conviction, must be fined not
more than two hundred dollars or imprisoned not more than thirty
days.
Section 56-2-3070. A person may not ride upon a moped other than upon or astride a permanent and regular seat attached to the moped. A moped may not be used to carry more persons at one time than the number for which it is designed and equipped by the manufacturer to carry.
Section 56-2-3080. A moped, while traveling along a multilane highway, must be operated in the farthest right lane except when making a left turn or when travel in the farthest right lane is unsafe.
Section 56-2-3090. (A)
During nighttime hours, while operating a
moped on a public highway, an operator and any passenger must
each wear a reflective vest that at a minimum is ANSI/ISEA Class
1 standard.
(B) A person under the
age of twenty-one may not operate or ride upon a moped unless he
wears a protective helmet identical to underage motorcycle
helmet requirements provided in Section 56-5-3660.
Section 56-2-3100. It
is unlawful to operate a moped:
(1) at a speed in
excess of thirty-five miles per hour on a public highway; or
(2) on a public highway
having a speed limit of greater than forty-five miles per hour.
However, a moped is not prohibited from crossing an intersection
at a public road with a speed limit in excess of forty-five
miles per hour.
Section 56-2-3110. The operator of a moped must have the head lights and operational lights turned on and in operation at all times while the moped is in operation on the public highways of this State.
Section 56-2-3120. (A)
It is unlawful for a person in the business
of selling, leasing or renting mopeds to sell, lease or rent a
moped for use on the public highways of this State
without:
(1)
operable pedals, if the moped is equipped with pedals;
(2)
at least one rearview mirror;
(3)
operable headlights and running lights; and
(4)
brake lights which are operable when either brake is
deployed.
Section 56-2-3130. A person in the business of selling mopeds shall post, in a conspicuous place in his business, a sign that contains a brief explanation of the provisions of law governing the operation of mopeds including, but not limited to, age restriction, maximum speeds, and the definition of a moped.
Section 56-2-3140. A person or entity selling mopeds is not required to obtain a motor vehicle dealer's license."
SECTION 11. Chapter 2, Title 56 of the 1976 Code is amended by adding:
Section 56-2-4000. It is a misdemeanor for any person to violate any of the provisions of this chapter unless such violation is by this chapter or other law of this State declared to be a felony. A person convicted of a misdemeanor for a violation of any of the provisions of this chapter for which another penalty is not provided shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days."
SECTION 12. Section 56-3-20 of the 1976 is amended read:
"Section 56-3-20.
For purposes of this chapter, the following words and
phrases are defined as follows:
(1) 'Vehicle'
means every device in, upon, or by which a person or property is
or may be transported or drawn upon a highway, except devices
moved by human power or used exclusively upon stationary rails
or tracks Reserved.
(2) 'Motor
vehicle' means every vehicle which is self- propelled, except
mopeds, and every vehicle which is propelled by electric power
obtained from overhead trolley wires, but not operated upon
rails Reserved. (3)
'Motorcycle' means every motorcycle having no more
than two permanent functional wheels in contact with the ground
or trailer and having a saddle for the use of the rider, but
excluding a tractor Reserved. (4)
'Motor-driven cycle' means every motorcycle,
including every motor scooter, with a motor which produces not
to exceed five horsepower Reserved.
(5) 'Authorized
emergency vehicle' means vehicles of the fire department (fire
patrol), police vehicles, and the ambulances and emergency
vehicles of municipal departments or public service corporations
designated or authorized by the department or the chief of
police of an incorporated municipality.
(6) 'School bus' means
every bus owned by a public or governmental agency and operated
for the transportation of children to or from school or
privately owned and operated for the transportation of children
to or from school.
(7) 'Truck tractor'
means every motor vehicle designed and used primarily for
drawing other vehicles and not constructed so as to carry a load
other than a part of the weight of the vehicle and load
drawn.
(8) 'Farm tractor'
means every motor vehicle designed and used primarily as a farm
implement for drawing plows, mowing machines, and other
implements of husbandry.
(9) 'Road tractor'
means every motor vehicle designed and used for drawing other
vehicles and not constructed so as to carry a load on it either
independently or any part of the weight of a vehicle or load
drawn.
(10) 'Truck' means
every motor vehicle designed, used, or maintained primarily for
the transportation of property.
(11) 'Special mobile
equipment' includes every vehicle, with or without motive power,
not designed or used primarily for the transportation of persons
or pay-load property and incidentally operated or moved over the
highways, including farm tractors, road construction and
maintenance machinery, ditchdigging apparatus, well-boring
apparatus, truck cranes or mobile shovel cranes, and similar
vehicles; this enumeration is deemed partial and does not
operate to exclude other vehicles which are within the general
terms of this definition.
(12) 'Bus' means every
motor vehicle designed for carrying more than ten passengers and
used for the transportation of persons and every motor vehicle,
other than a taxicab, designed and used for the transportation
of persons for compensation.
(13) 'Trailer' means
every vehicle with or without motive power, other than a pole
trailer, designed for carrying persons or property and for being
drawn by a motor vehicle and constructed so that no part of its
weight rests upon the towing vehicle.
(14) 'Semitrailer'
means every vehicle with or without motive power, other than a
pole trailer, designed for carrying persons or property and for
being drawn by a motor vehicle and constructed so that some part
of its weight and that of its load rests upon or is carried by
another vehicle.
(15) 'Pole trailer'
means every vehicle without motive power designed to be drawn by
another vehicle and attached to the towing vehicle by means of a
reach or pole or by being boomed or otherwise secured to the
towing vehicle and ordinarily used for transporting long or
irregularly shaped loads such as poles, pipes, or structural
members capable, generally, of sustaining themselves as beams
between the supporting connections.
(16) 'Foreign vehicle'
means every vehicle of a type required to be registered brought
into this State from another state, territory, or country other
than in the ordinary course of business by or through a
manufacturer or dealer and not registered in this State.
(17) 'Implement of
husbandry' means every vehicle which is designed for
agricultural purposes and exclusively used by its owner in the
conduct of his agricultural operations.
(18) 'Solid tire' means
every tire of rubber or other resilient material which does not
depend upon compressed air for the support of the load.
(19) 'Gross weight' or
'gross weight vehicle' means the weight of a vehicle without
load plus the weight of any load on it.
(20) 'Load capacity'
means the maximum weight of the pay load of the property
intended to be transported by a vehicle or combination of
vehicles, exclusive of the weight of the vehicle or
vehicles.
(21) 'Owner' means a
person who holds the legal title of a vehicle or, in the event
(a) a vehicle is the subject of an agreement for the conditional
sale or lease with the right of purchase upon performance of the
conditions stated in the agreement and with an immediate right
of possession vested in the conditional vendee or lessee or (b)
a mortgagor of a vehicle is entitled to possession, then the
conditional vendee or lessee or mortgagor is deemed the owner
for the purpose of this chapter.
(22)
'Nonresident' means every person who is not a
resident of this State Reserved.
(23) 'Dealer' or 'motor
vehicle dealer' means both 'dealer' and 'wholesaler' as defined
in Chapter 15 of this title.
(24)
[Deleted] Reserved.
(25) 'Street' or
'highway' means the entire width between boundary lines of every
way publicly maintained when any part of it is open to the use
of the public for vehicular travel.
(26) 'Odometer' means
an instrument for measuring and recording the actual distance a
motor vehicle travels while in operation; it does not include an
auxiliary instrument designed to be reset by the operator of the
motor vehicle for the purpose of recording the distance traveled
on trips.
(27) 'Odometer reading'
means actual cumulative distance traveled disclosed on the
odometer.
(28) 'Odometer
disclosure statement' means a statement, as prescribed by item
(4) of Section 56-3-240, certified by the owner of the motor
vehicle to the transferee or to the Department of Motor Vehicles
as to the odometer reading.
(29) 'Moped'
means every cycle with pedals to permit propulsion by human
power and with a motor of not more than fifty cubic centimeters
which produces not to exceed one and one-half brake horsepower
and which is not capable of propelling the vehicle at a speed in
excess of twenty-five miles per hour on level ground. If an
internal combustion engine is used, the moped must have a power
drive system that functions directly or automatically without
clutching or shifting by the operator after the drive system is
engaged Reserved.
(30) 'Automotive
three-wheel vehicle' means every motor vehicle having no more
than three permanent functional wheels in contact with the
ground, having a bench seat for the use of the operator, and
having an automotive type steering device, but excluding a
tractor or motorcycle three-wheel vehicle.
(31)
'Motorcycle three-wheel vehicle' means every motor
vehicle having no more than three permanent functional wheels in
contact with the ground to include motorcycles with detachable
side cars, having a saddle type seat for the operator, and
having handlebars or a motorcycle type steering device, but
excluding a tractor or automotive three-wheel vehicle
Reserved."
SECTION 13. Section 56-3-200 of the 1976 Code is amended to read:
"Section 56-3-200.
Except in the case of a moped or as otherwise
provided for in Chapter 19 of this Title, the department
of Motor Vehicles shall not register or renew
the registration of a vehicle unless a certificate of title has
been issued by the department to the owner or an application
therefor has been delivered by the owner to the
department."
SECTION 14. Section 56-3-250 of the 1976 Code is amended to read:
"Section 56-3-250.
No vehicle shall be registered and licensed by the
department of Motor Vehicles unless a signed
statement accompanies the application certifying that all county
and municipal taxes legally due by the applicant on the vehicle
concerned have been paid and if such vehicle is legally subject
to being returned by the applicant for county and municipal
taxes such return has been made; that the applicant is not
delinquent in the payment of any motor vehicle taxes in this
State, and that the address and county shown on the application
for license is the true legal residence of the applicant. A
transfer between members of the same family shall not, for the
purpose of this section, be considered a bona fide purchase. Any
person falsely certifying as required in this section shall have
his driver's license suspended for a period of six months.
The provisions of this section shall not
apply to mopeds or to any citizen of this State on active
duty with the Armed Forces of the United States when the vehicle
to be registered and licensed is operated for more than six
months each year outside the boundaries of this State, nor to
any motor vehicle subject to assessment for ad valorem tax
purposes by the State Tax Commission
Department of Revenue."
SECTION 15. Section 56-3-630 of the 1976 Code, as last amended by Act 398 of 2006, is further amended to read:
"Section 56-3-630.
The Department of Motor Vehicles shall classify as a
private passenger motor vehicle every motor vehicle which is
designed, used, and maintained for the transportation of ten or
fewer persons and trucks having an empty weight of nine thousand
pounds or less and a gross weight of eleven thousand pounds or
less, except a motorcycle, motorcycle three-wheel vehicle, or
motor-driven cycle moped. The department
shall classify a three-wheel vehicle by the
manufacturers statement manufacturer's
certificate of origin for the vehicles initial registration.
For subsequent registration, the department shall classify the
three-wheel vehicle by its title document. This section does not
relieve or negate any applicable fees required under Section
56-3-660."
SECTION 16. Section 56-3-760 of the 1976 Code is amended to read:
"Section 56-3-760.
For every motorcycle, motorcycle three-wheel vehicle, or
motor-driven cycle moped the biennial
registration fee is ten twenty
dollars."
SECTION 17. Section 56-5-120 of the 1976 Code is amended to read:
"Section 56-5-120.
Every device in, upon or by which any person or
property is or may be transported or drawn upon a highway,
except devices moved by human power or used exclusively upon
stationary rails or tracks, is a 'vehicle'
Reserved."
SECTION 18. Section 56-5-130 of the 1976 Code is amended to read:
"Section 56-5-130.
Every vehicle which is self-propelled, except
mopeds, and every vehicle which is propelled by electric power
obtained from overhead trolley wires, but not operated upon
rails, is a "motor vehicle"
Reserved."
SECTION 19. Section 56-5-140 of the 1976 Code is amended to read:
"Section 56-5-140.
Every motor vehicle having no more than two
permanent functional wheels in contact with the ground or
trailer and having a saddle for the use of the rider, but
excluding a tractor, is a "motorcycle"
Reserved."
SECTION 20. Section 56-5-150 of the 1976 Code is amended to read:
"Section 56-5-150.
Every motorcycle, including every motor scooter,
with a motor which produces not to exceed five horsepower is a
"motor-driven cycle" Reserved."
SECTION 21. Section 56-5-155 of the 1976 Code is amended to read:
"Section 56-5-155.
A motorcycle three-wheel vehicle means a motor
vehicle having no more than three permanent functional wheels in
contact with the ground and includes motorcycles with detachable
side cars, having a saddle type seat for the operator, and
handle bars or a motorcycle type steering device, but excludes a
tractor or automotive three-wheel vehicle
Reserved."
SECTION 22. Section 56-5-165 of the 1976 Code is amended to read:
"Section 56-5-165.
Notwithstanding the provisions of Section
56-5-160, every cycle with pedals to permit propulsion by human
power or without pedals and with a motor of not more than fifty
cubic centimeters which produces not to exceed two brake
horsepower and which is not capable of propelling the vehicle at
a speed in excess of thirty miles an hour on level ground is a
moped. If an internal combustion engine is used, the moped must
have a power drive system that functions directly or
automatically without clutching or shifting by the operator
after the drive system is engaged
Reserved."
SECTION 23. Section 56-5-361 of the 1976 Code is amended to read:
"Section 56-5-361.
Every motor vehicle except motorcycles and
motor-driven cycles mopeds, designed for
carrying ten passengers or less and used for the transportation
of persons is a 'passenger car'."
SECTION 24. Section 56-5-410 of the 1976 Code is amended to read:
"Section 56-5-410.
An "owner" is a person, other than a
lienholder, having the property or title to a vehicle. The term
includes a person entitled to the use and possession of a
vehicle subject to a security interest in another person but
excludes a lessee under a lease not intended as
security Reserved."
SECTION 25. Section 56-5-1550 of the 1976 Code is amended to read:
"Section 56-5-1550.
No person shall operate any motor-driven cycle at
any time mentioned in Section 56-5-4450 at a speed greater than
thirty-five miles per hour unless such motor-driven cycle is
equipped with head lamps which are adequate to reveal a person
or vehicle at a distance of three hundred feet ahead
Reserved."
SECTION 26. Section 56-5-1555 of the 1976 Code is amended to read:
"Section 56-5-1555.
No person may operate a moped at a speed in excess
of twenty-five miles an hour. A person who violates the
provisions of this section is guilty of a misdemeanor and, upon
conviction, must be fined not more than two hundred dollars or
imprisoned not more than thirty days Reserved.
SECTION 27. Section 56-5-4450 of the 1976 Code is amended to read:
"Section 56-5-4450.
(A) Every vehicle upon a street
or highway within this State shall display lighted lamps and
illuminating devices, excluding parking lights, from a half hour
after sunset to a half hour before sunrise, and at any other
time when windshield wipers are in use as a result of rain,
sleet, or snow, or when inclement weather or environmental
factors severely reduce the ability to clearly discern persons
and vehicles on the street or highway at a distance of five
hundred feet ahead as required in this article for different
classes of vehicles, subject to exceptions with respect to
parked vehicles as provided in this article; provided, however,
the provisions of this section requiring use of lights in
conjunction with the use of windshield wipers shall not apply to
instances when windshield wipers are used intermittently in
misting rain, sleet, or snow.
Until January 1, 1989, any person
who fails to display the lights of a vehicle he is operating
when lights are required by this section due to inclement
weather or environmental factors may be issued only a warning
ticket. (B) Any
person who violates this section is guilty of a misdemeanor and,
upon conviction, may be fined up to twenty-five dollars."
SECTION 28. Section 56-9-110 of the 1976 Code is amended to read:
"Section 56-9-110.
This chapter shall not apply with respect to any
accident or judgment arising therefrom or violation of the motor
vehicle laws of this State, occurring prior to January 1,
1953. Reserved."
SECTION 29. Section 56-15-10(a) of the 1976 Code is amended to read:
"(a) 'Motor vehicle', any motor driven vehicle required to be registered under Section 56-3-110. This definition does not include motorcycles or mopeds."
SECTION 30. Section 56-16-10(a) of the 1976 Code is amended to read:
"(a) 'Motorcycle'
means every motor vehicle having a seat or saddle for
the use of the rider and designed to travel on not more than two
wheels in contact with the ground is defined in
Section 56-1-10. This section shall
chapter does not apply to bicycles with helper motors
or vehicles defined in Section 56-1-1710."
SECTION 31. Section 56-19-10 of the 1976 Code, as last amended by Act 245 of 2017, is further amended to read:
"Section 56-19-10.
For the purposes of this chapter and Chapter 21
of, Title 16, the following terms are
defined as follows:
(1) 'Authorized
emergency vehicle' means vehicles of the fire department, police
vehicles, and the ambulances and emergency vehicles of municipal
departments or public service corporations designated or
authorized by the chief of police or governing body of a
municipality.
(2) 'Bicycle' means a
device propelled solely by pedals, operated by one or more
persons, and having two or more wheels, except childrens'
tricycles.
(3) 'Bus' means every
motor vehicle designed for carrying more than ten passengers and
used for the transportation of persons and every motor vehicle,
other than a taxicab, designed and used for the transportation
of persons for compensation.
(4) 'Dealer' or 'motor
vehicle dealer' means both 'dealer' and 'wholesaler', as defined
in Chapter 15 of this title.
(5) 'Driver'
means every person who drives or is in actual physical control
of a vehicle. Reserved.
(6) 'Essential parts'
means all integral and body parts of a vehicle of a type
required to be registered under this title, the removal,
alteration, or substitution of which would tend to conceal the
identity of the vehicle or substantially alter its appearance,
model, type, or mode of operation.
(7)
[Deleted] Reserved.
(8) 'Farm tractor'
means every motor vehicle designed and used primarily as a farm
implement for drawing plows, mowing machines, and other
implements of husbandry.
(9) 'Foreign vehicle'
means every vehicle of a type required to be registered under
this title brought into this State from another state,
territory, or country, other than in the ordinary course of
business by or through a manufacturer or dealer, and not
registered in this State.
(10) 'House trailer'
means:
(a)
a trailer or semitrailer which is designed, constructed,
and equipped as a dwelling place, living abode, or sleeping
place, either permanently or temporarily, and is equipped for
use as a conveyance on streets and highways; or
(b)
a trailer or a semitrailer whose chassis and exterior
shell is designed and constructed for use as a house trailer, as
defined in subitem (a) of this item, but which is used instead
permanently or temporarily for the advertising, sales, display,
or promotion of merchandise or services or for another
commercial purpose except the transportation of property for
hire or the transportation of property for distribution by a
private carrier.
(11) 'Identifying
number' means the numbers and letters, if any, on a vehicle
designated by the Department of Motor Vehicles for the purpose
of identifying the vehicle.
(12) 'Implement of
husbandry' means every vehicle, including mobile barns, designed
and adapted exclusively for agricultural, horticultural, or
livestock-raising operations or for lifting or carrying an
implement of husbandry and in either case not subject to
registration if used upon the highways.
(13) 'Lienholder' means
a person holding a security interest in a vehicle.
(14) 'Mail' means to
deposit in the United States mail, properly addressed and with
postage prepaid.
(15) 'Manufacturer'
means every person engaged in the business of constructing or
assembling vehicles of a type required to be registered under
this title at an established place of business in this State.
(16) 'Motor
vehicle' means every vehicle which is self- propelled, except
mopeds, and every vehicle which is propelled by electric power
obtained from overhead trolley wires, but not operated upon
rails. Reserved.
(17)
'Motorcycle' means every motor vehicle having no
more than two permanent functional wheels in contact with the
ground or trailer and having a saddle for the use of the rider,
but excluding a tractor. Reserved.
(18)
'Motor-driven cycle' means every motorcycle,
including every motor scooter with a motor which produces not to
exceed five horsepower. Reserved.
(19)
'Nonresident' means every person who is not a
resident of this State. Reserved.
(20) 'Operator'
means every person, other than a chauffeur, who drives or is in
actual physical control of a motor vehicle upon a highway or who
is exercising control over or steering a vehicle being towed by
a motor vehicle. Reserved.
(21) 'Owner'
means a person, other than a lienholder, having the property in
or title to a vehicle. The term includes a person entitled to
the use and possession of a vehicle subject to a security
interest in another person but excludes a lessee under a lease
not intended as security. Reserved.
(22) 'Pole trailer'
means every vehicle without motive power designed to be drawn by
another vehicle and attached to the towing vehicle by means of a
reach or pole or by being boomed or otherwise secured to the
towing vehicle and ordinarily used for transporting long or
irregularly shaped loads such as poles, pipes, or structural
members capable, generally, of sustaining themselves as beams
between the supporting connections.
(23) 'Previously
registered vehicle' means a vehicle registered in this State on
January 1, 1958, or a vehicle whose last registration before
that date was in this State.
(24) 'Reconstructed
vehicle' means every vehicle of a type required to be registered
under this title materially altered from its original
construction by the removal, addition, or substitution of
essential parts, new or used.
(25) 'Registration'
means the registration certificate or certificates and
registration plates issued under the laws of this State
pertaining to the registration of vehicles.
(26) 'Road tractor'
means every motor vehicle designed and used for drawing other
vehicles and not constructed to carry any load on it, either
independently or any part of the weight of a vehicle or load
drawn.
(27) 'School bus' means
every motor vehicle owned by a public or governmental agency and
operated for the transportation of children to or from school,
or privately owned and operated for compensation for the
transportation of children to or from school.
(28) 'Security
agreement' means a written agreement which reserves or creates a
security interest.
(29) 'Security
interest' means an interest in a vehicle reserved or created by
agreement and which secures payment or performance of an
obligation, conditional sale contract, conditional lease,
chattel mortgage, or other lien or encumbrance, except taxes or
attachment liens provided for in Section 29-15-20. The term
includes the interest of a lessor under a lease intended as
security. A security interest is 'perfected' when it is valid
against third parties generally, subject only to specific
statutory exceptions.
(30) 'Semitrailer'
means every vehicle with or without motive power, other than a
pole trailer, designed for carrying persons or property and for
being drawn by a motor vehicle and constructed so that some part
of its weight and that of its load rests upon or is carried by
another vehicle.
(31) 'Special mobile
equipment' means every vehicle not designed or used primarily
for the transportation of persons or property and only
incidentally operated or moved over a highway including, but not
limited to: ditchdigging apparatus, well-boring apparatus, and
road construction and maintenance machinery, such as asphalt
spreaders, bituminous mixers, bucket loaders, tractors other
than truck tractors, ditchers, leveling graders, finishing
machines, motor graders, road rollers, scarifiers, earth-moving
carryalls and scrapers, power shovels and draglines, and
self-propelled cranes and earth-moving equipment. The term does
not include house trailers, dump trucks, truck-mounted transit
mixers, cranes, or shovels, or other vehicles designed for the
transportation of persons or property to which machinery has
been attached.
(32) 'Specifically
constructed vehicle' means every vehicle of a type required to
be registered under this title not originally constructed under
a distinctive name, make, model, or type by a generally
recognized manufacturer of vehicles and not materially altered
from its original construction.
(33) 'Trackless trolley
coach' means every motor vehicle which is propelled by electric
power obtained from overhead trolley wires but not operated upon
rails.
(34) 'Trailer' means
every vehicle with or without motive power, other than a pole
trailer, designed for carrying persons or property and for being
drawn by a motor vehicle and constructed so that no part of its
weight rests upon the towing vehicle.
(35) 'Transporter'
means every person engaged in the business of delivering
vehicles of a type required to be registered under this title
from a manufacturing, assembling, or distributing plant to
dealers or sales agents of a manufacturer.
(36) 'Truck' means
every motor vehicle designed, used, or maintained primarily for
the transportation of property.
(37) 'Truck tractor'
means every motor vehicle designed and used primarily for
drawing other vehicles and not constructed to carry a load other
than a part of the weight of the vehicle and load drawn.
(38) 'Vehicle'
means every device in, upon, or by which a person or property is
or may be transported or drawn upon a highway, excepting devices
moved by human power or used exclusively upon stationary rails
or tracks. Reserved.
(39) 'Mobile home'
means every vehicle which is designed, constructed, and equipped
principally as a permanent dwelling place and is equipped to be
moved on streets and highways, but which exceeds the size
limitations prescribed in Section 56-3-710 and which cannot be
licensed and registered by the Department of Motor Vehicles as a
'house trailer'.
(40) 'Odometer' means
an instrument for measuring and recording the actual distance a
motor vehicle travels while in operation; it does not include an
auxiliary instrument designed to be reset by the operator of the
motor vehicle for the purpose of recording the distance traveled
on trips.
(41) 'Odometer reading'
means actual cumulative distance traveled disclosed on the
odometer.
(42) 'Odometer
disclosure statement' means a statement, as prescribed by item
(d) of subsection (1) of Section 56-19-240, certified by the
owner of the motor vehicle to the transferee or to the
Department of Motor Vehicles as to the odometer reading.
(43) 'Moped'
means, notwithstanding item (2), every cycle with pedals to
permit propulsion by human power or without pedals and with a
motor of not more than fifty cubic centimeters which produces
not to exceed two brake horsepower and which is not capable of
propelling the vehicle at a speed in excess of thirty miles an
hour on level ground. If an internal combustion engine is used,
the moped must have a power drive system that functions directly
or automatically without clutching or shifting by the operator
after the drive system is engaged.
Reserved. (44)
'Automotive three-wheel vehicle' means a motor
vehicle having no more than three permanent functional wheels in
contact with the ground, having a bench seat for the use of the
operator, and having an automotive type steering device, but
excluding a tractor and a motorcycle three-wheel
vehicle. Reserved.
(45)
'Motorcycle three-wheel vehicle' a motor vehicle
having no more than three permanent functional wheels in contact
with the ground to include motorcycles with detachable side
cars, having a saddle type seat for the operator, and handlebars
or a motorcycle type steering device, but excluding a tractor or
automotive three-wheel vehicle. Reserved.
(46) 'Commercial
truck' or 'commercial motor vehicle (CMV)' as defined by the
Federal Motor Carrier Safety Administration (FMCSA) means a
motor vehicle or combination of motor vehicles used in commerce
to transport passengers or property if the motor vehicle:
(a)
has a gross combination weight rating or gross combination
weight of 11,794 kilograms or more (26,001 pounds or more),
whichever is greater, inclusive of a towed unit(s) with a gross
vehicle weight rating or gross vehicle weight of more than 4,536
kilograms (10,000 pounds), whichever is greater;
(b)
has a gross vehicle weight rating or gross vehicle weight
of 11,794 or more kilograms (26,001 pounds or more), whichever
is greater;
(c)
is designed to transport sixteen or more passengers,
including the driver; or
(d)
is of any size and is used in the transportation of
hazardous materials as that term is defined in 49 C.F.R. Section
390.5.
(47) 'Motor home' means
a vehicular unit designed to provide temporary living quarters
built into an integral part of or permanently attached to a
self-propelled motor vehicle chassis or van which unit contains
permanently installed independent life support systems other
than low voltage meeting the American National Standards
Institute (ANSI) A119.2 Standard for Recreational Vehicles and
provides at least four of the following facilities: cooking with
onboard power source; gas or electric refrigerator; toilet with
exterior evacuation; heating or air conditioning with onboard
power source separate from the vehicle engine; a potable water
supply system including a faucet, sink, and water tank with an
exterior service connection; or separate 110-125 volt electric
power supply. For purposes of this definition, a
passenger-carrying automobile, truck, or van without permanently
installed independent life support systems, including at least
four of the indicated facilities, does not constitute a motor
home.
(48) 'Permanently
installed' means built into or attached as an integral part of a
chassis or van and designed not to be removed except for repair
or replacement. A system which is readily removable or held in
place by clamps or tie downs is not permanently installed.
(49) 'Low voltage'
means twenty-four volts or less.
(50) 'Special mobile
equipment' means every vehicle, with or without motive power,
not designed or used primarily for the transportation of persons
or pay-load property and incidentally operated or moved over the
highways, including farm tractors, road construction and
maintenance machinery, ditch-digging apparatus, well-boring
apparatus, truck cranes or mobile shovel cranes, and similar
vehicles; this enumeration is deemed partial and does not
operate to exclude other vehicles which are within the general
terms of this definition."
SECTION 32. Section 56-19-220 of the 1976 Code is amended to read:
"Section 56-19-220.
No certificate of title need be obtained for:
(1) A vehicle owned by
the United States unless it is registered in this State;
(2) A vehicle owned by
a manufacturer or dealer and held for sale, even though
incidentally moved on the highway or used for purposes of
testing or demonstration, or a vehicle used by the manufacturer
solely for testing;
(3) A vehicle owned by
a nonresident of this State and not required by law to be
registered in this State;
(4) A vehicle regularly
engaged in the interstate transportation of persons or property
for which a currently effective certificate of title has been
issued in another state;
(5) A vehicle moved
solely by animal power;
(6) An implement of
husbandry;
(7) Special mobile
equipment not required to be registered and licensed in this
State;
(8) A pole trailer;
and
(9)
Vehicles A vehicle not required to
be licensed and registered in this State, except mobile
homes.;
(10) A vehicle used
by its manufacturer in a benefit program for the manufacturer's
employees.;
(11) A vehicle used by
its manufacturer for testing, distribution, evaluation, and
promotion, subject to the limitation in Section
56-3-2332(B)(2); or
(12) A
moped."
SECTION 33. Section 38-77-30(9), (14), and (15) of the 1976 Code is amended to read:
"(9) 'Motor vehicle' means every self-propelled vehicle which is designed for use upon a highway, including trailers and semitrailers designed for use with these vehicles but excepting traction engines, road rollers, farm trailers, tractor cranes, power shovels and well-drillers, and every vehicle which is propelled by electric power obtained from overhead wires but not operated upon rails. Mopeds are considered to be motor vehicles for the purposes of uninsured motor vehicle insurance coverage and underinsured motor vehicle insurance coverage only. For purposes of this chapter, the term automobile has the same meaning as motor vehicle.
(14) 'Uninsured motor
vehicle' means a motor vehicle as defined in item (9) as
to which:
(a)
there is not bodily injury liability insurance and
property damage liability insurance both at least in the amounts
specified in Section 38-77-140; or
(b)
there is nominally that insurance, but the insurer writing
the same successfully denies coverage thereunder; or
(c)
there was that insurance, but the insurer who wrote the
same is declared insolvent, or is in delinquency proceedings,
suspension, or receivership, or is proven unable fully to
respond to a judgment; and
(d)
there is no bond or deposit of cash or securities in lieu
of the bodily injury and property damage liability
insurance;
(e)
the owner of the motor vehicle has not qualified as a
self-insurer in accordance with the applicable provisions of
law.
A motor vehicle is considered uninsured if
the owner or operator is unknown. However, recovery under the
uninsured motorist provision is subject to the conditions set
forth in this chapter.
Any motor vehicle owned by the State or any
of its political subdivisions is considered an uninsured motor
vehicle when the vehicle is operated by a person without proper
authorization.
(15) 'Underinsured
motor vehicle' means a motor vehicle as defined in item
(9) as to which there is bodily injury liability insurance
or a bond applicable at the time of the accident in an amount of
at least that specified in Section 38-77-140 and the amount of
the insurance or bond is less than the amount of the insureds'
damages."
SECTION 34. Section 56-5-2941(A) of the 1976 Code, as last amended by Act 34 of 2015, is further amended to read:
"(A) The
Department of Motor Vehicles shall require a person who is a
resident of this State and who is convicted of violating the
provisions of Section Sections
56-5-2930, 56-5-2933, 56-5-2945, 56-5-2947 except if the
conviction was for Section 56-5-750, or a law of another state
that prohibits a person from driving a motor vehicle while under
the influence of alcohol or other drugs, to have installed on
any motor vehicle the person drives, except a moped, an
ignition interlock device designed to prevent driving of the
motor vehicle if the person has consumed alcoholic beverages.
This section does not apply to a person convicted of a first
offense violation of Section 56-5-2930 or 56-5-2933, unless the
person submitted to a breath test pursuant to Section 56-5-2950
and had an alcohol concentration of fifteen one-hundredths of
one percent or more. The department may waive the requirements
of this section if the department determines that the person has
a medical condition that makes the person incapable of properly
operating the installed device. If the department grants a
medical waiver, the department shall suspend the person's
driver's license for the length of time that the person would
have been required to hold an ignition interlock restricted
license. The department may withdraw the waiver at any time that
the department becomes aware that the person's medical condition
has improved to the extent that the person has become capable of
properly operating an installed device. The department also
shall require a person who has enrolled in the Ignition
Interlock Device Program in lieu of the remainder of a driver's
license suspension or denial of the issuance of a driver's
license or permit to have an ignition interlock device installed
on any motor vehicle the person drives, except a
moped.
The length of time that a device is
required to be affixed to a motor vehicle as set forth in
Sections 56-1-286, 56-5-2945, 56-5-2947 except if the conviction
was for Sections 56-5-750, 56-5-2951, and 56-5-2990."
SECTION 35. Article 30, Chapter 5, Title 56 of the 1976 Code is repealed.
SECTION 36. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 37. This act takes effect twelve months after approval by the Governor. The provisions of this act amending Section 38-77-30 apply to automobile insurance coverage issued or renewed on or after twelve months following approval by the Governor. /
Renumber sections to conform.
Amend title to conform.