Copyright and Disclaimer
The State of South Carolina owns the copyright to the Code of Laws of South Carolina, 1976, as contained herein. Any use of the text, section headings, or catchlines of the 1976 Code is subject to the terms of federal copyright and other applicable laws and such text, section headings, or catchlines may not be reproduced in whole or in part in any form or for inclusion in any material which is offered for sale or lease without the express written permission of the Chairman of the South Carolina Legislative Council or the Code Commissioner of South Carolina.
This statutory database is current through the 2001 Regular Session and the 2001 Extra Session of the South Carolina General Assembly. Changes to the statutes enacted by the 2002 General Assembly, which will convene in January 2002, will be incorporated as soon as possible. Some changes enacted by the 2002 General Assembly may take immediate effect. The State of South Carolina and the South Carolina Legislative Council make no warranty as to the accuracy of the data, and users rely on the data entirely at their own risk.
The Legislative Council by law is charged with compiling and publishing the 1976 Code and it is maintained in a database which may be accessed for commercial purposes by contacting the Legislative Council or the office of Legislative Printing, Information and Technology Systems.
Title 56 - Motor Vehicles
Uniform traffic ticket shall be used by all law-enforcement officers; effect of service; forms.
There will be a uniform traffic ticket used by all law enforcement officers in arrests for traffic offenses and for the following additional offenses:
Interfering with Police Officer Serving Process Section 16-5-50
Dumping Trash on Highway/Private Property Section 16-11-700
Indecent Exposure Section 16-15-130
Disorderly Conduct Section 16-17-530
Discharging Fireworks from Motor Vehicle Section 23-35-120
Damaging Highway Section 57-7-10
Place Glass, Nails, Etc. on Highway Section 57-7-20
Obstruction of Highway by Railroad Cars, Etc. Section 57-7-240
Signs Permitted on Interstate Section 57-25-140
Brown Bagging Section 61-5-20
Drinking Liquors in Public Conveyance Section 61-13-360
Poles Dragging on Highway Section 57-7-80
Open Container Section 61-9-87
Purchase or Possession of Beer or Wine by a Person Section 20-7-370
Purchase or Possession of Alcoholic Liquor by A Person Section 20-7-380
Under Age Twenty-One
Unlawful Possession and Consumption of Alcoholic Section 61-5-30
Sale of Beer or Wine on Which Tax Has Not Been Paid Section 61-9-20
Falsification of Age to Purchase Beer or Wine Section 61-9-50
Unlawful Purchase of Beer or Wine for A Person Who Section 61-9-60
Cannot Legally Buy
Unlawful Sale or Purchase of Beer or Wine, Giving False Section 61-9-85
Information as to Age, Buying Beer or Wine Unlawfully
Employment of a Person Under the Age of Twenty-One As Section 61-13-340
An Employee in Retail or Wholesale or Manufacturing
Failure to Remove Doors from Abandoned Refrigerators Section 16-3-1010
Malicious Injury to Animals or Personal Property Section 16-11-510
Timber, Logs, or Lumber Cutting, Removing, Transporting Section 16-11-580
Without Permission, Valued at Less Than Fifty Dollars
Littering Section 16-11-700
Larceny of a Bicycle Valued at Less Than One Hundred Section 16-13-80
Cock Fighting Section 16-17-650
Ticket Scalping Section 16-17-710
Glue Sniffing Section 44-53-1110
Trespassing Section 16-11-755
Trespassing Section 16-11-600
Trespassing Section 16-11-610
Trespassing Section 16-11-620
Negligent Operation of Watercraft; Operation of Section 50-21-110
Watercraft While Under Influence of Alcohol or Drugs
Negligence of Boat Livery to Provide Proper Equipment Section 50-21-120
Interference with Aids to Navigation or Regulatory Section 50-21-170
Markers or Operation of Watercraft in Prohibited Area
Operation of Watercraft Without a Certificate of Title Section 50-23-190
Parking on private property without permission Section 16-11-760.
No other ticket may be used for these offenses. The service of the uniform traffic ticket shall vest all traffic, recorders', and magistrates' courts with jurisdiction to hear and to dispose of the charge for which the ticket was issued and served. This ticket will be designed by the department and approved by the Attorney General within thirty days of submission by the department. A law enforcement agency may automate the issuance of a uniform ticket if approved by the department.
Verification of insurance coverage upon issuance of traffic ticket; form; penalty.
(A) When the operator or owner of an individual private passenger automobile as defined in Section 38-77-30(5.5) is issued a traffic ticket for a moving violation by a law enforcement officer, he may be furnished a written request form to be completed by him and his insurance company or the agent issuing the policy to verify liability insurance coverage. The form must be prescribed by the department.
(B) The completed and verified form must be returned by the operator or owner to the local law enforcement agency issuing the traffic ticket within fifteen days from the date he receives it. Failure to return the form verified in the proper manner is prima facie evidence that the vehicle was uninsured.
(C) The director or his designee of the department shall waive the reinstatement fee or per diem fine, or both, imposed upon the owner or operator of the motor vehicle pursuant to this section for his failure to complete and return the insurance verification form if he has liability insurance coverage when determined to be uninsured by the department. The director or his designee shall document his reasons for waiving the fees or fines in the records of the department.
(D) No person knowingly may furnish or aid another in the submission of false or misleading information in the completed and verified form. A person who knowingly furnishes or aids another in submitting false or misleading information regarding the verification of liability insurance is subject to the penalties in Section 56-10-260.
(E) This section applies only to owners and operators of motor vehicles registered under the laws of South Carolina.
(F) Motor vehicles determined to be uninsured under this section are subject to Sections 56-10-240 and 56-10-245.
(G) The operator of the motor vehicle shall present the written request form for verification of liability insurance coverage to the owner of the vehicle. Failure by the operator to give the form to the owner is prima facie evidence that the operator knowingly furnished false and misleading information to the department.
However, the form must have the following sentence on its face in bold type, all capitals, and large print: "THE OWNER OR OPERATOR OF A MOTOR VEHICLE WHO IS ISSUED THIS FORM SHALL COMPLETE AND RETURN THE FORM TO THE ISSUING AGENCY WITHIN FIFTEEN DAYS OR IS SUBJECT TO A TWO HUNDRED DOLLAR REINSTATEMENT FEE AND FIVE DOLLAR A DAY FINE PURSUANT TO SOUTH CAROLINA LAW. IF YOU ARE NOT THE OWNER OF THE MOTOR VEHICLE, YOU SHALL PRESENT THIS FORM TO THE OWNER OR YOU ARE SUBJECT TO FINE AND IMPRISONMENT." The officer shall read aloud this sentence to the owner or operator of the motor vehicle upon furnishing the written request form to verify liability insurance coverage.
Use of uniform traffic ticket to arrest person committing offense in officer's presence; report to State Law Enforcement Division.
The uniform traffic ticket, established under the provisions of Section 56-7-10, may be used by law enforcement officers to arrest a person for an offense committed in the presence of a law enforcement officer if the punishment is within the jurisdiction of magistrate's court and municipal court. A law enforcement agency processing an arrest made pursuant to this section must furnish such information to the State Law Enforcement Division as required in Chapter 3 of Title 23.
Number and colors of copies; purpose and disposition thereof; each ticket shall be numbered.
For purposes of this chapter, a traffic ticket shall consist of five copies, one of which shall be blue and shall be given to the vehicle operator who is the alleged traffic violator; one of which shall be yellow and shall be dispatched to the department for its records; one of which shall be white and shall be dispatched to the police agency of which the arresting officer is a part; one of which shall be green and shall be retained by the trial officer for his records; and one of which shall be pink and shall be dispatched by the police agency to the department for purposes of audit. Each ticket shall have a unique identifying number.
Printing, ordering and paying for tickets; responsibilities of heads of police agencies.
The department shall have the traffic tickets printed. Police agencies shall order tickets from the department and shall record the identifying numbers of the tickets received by them. The cost of the tickets shall be paid by the police agency. The audit copy and the department records copy shall be forwarded to the department within ten days of the disposition of the case by final trial court action or by nolle prosequi. The head of each police agency shall be responsible for the forwarding of the audit copies and for conducting an annual inventory on December thirty-first of all tickets received but not yet disposed of by final trial court action or by nolle prosequi and for forwarding the results of the inventory on a form prescribed by the department to the department within ten days of the completion of the inventory."
Penalty for failure to account for ticket or use of nonuniform ticket.
Any person intentionally violating the provisions of Section 56-7-10 or 56-7-30 shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than two hundred fifty dollars nor more than fifteen hundred dollars or imprisoned for not more than six months, or both, for each ticket unaccounted for, or each use of a nonuniform ticket, or each failure to timely forward the Department records copy or audit copy of a ticket. If the failure to account for a ticket, or the use of a nonuniform ticket, or the failure to timely forward the Department records or audit copy of the ticket is inadvertent or unintentional, such misuse shall be triable in magistrate's court and upon conviction shall be punishable by a fine of not more than one hundred dollars. Any person charged with failing to timely forward the results of the annual inventory shall be tried in magistrate's court and upon conviction shall be fined not more than one hundred dollars.
Nonapplicability to certain agencies.
The provisions of this chapter shall not apply to the South Carolina Department of Natural Resources or to any of its agents.
Law enforcement officer identification upon stopping a driver.
When a law enforcement officer stops a driver for a violation of the motor vehicle laws, he shall present his law enforcement badge or other appropriate identification to the driver immediately upon approaching him and before questioning.
County or municipal uniform ordinance summons.
(A) Counties and municipalities are authorized to adopt by ordinance and use an ordinance summons as provided herein for the enforcement of county and municipal ordinances. Upon adoption of the ordinance summons, any county or municipal law enforcement officer or code enforcement officer is authorized to use an ordinance summons. Any county or municipality adopting the ordinance summons is responsible for the printing, distributing, monitoring, and auditing of the ordinance summons to be used by that entity.
(B) The uniform ordinance summons may not be used to perform a custodial arrest. No county or municipal ordinance which regulates the use of motor vehicles on the public roads of this State may be enforced using an ordinance summons.
(C) An ordinance summons must cite only one violation per summons and must contain at least the following information:
(1) the name and address of the person or entity charged;
(2) the name and title of the issuing officer;
(3) the time, date, and location of the hearing;
(4) a description of the ordinance the person or entity is charged with violating;
(5) the procedure to post bond; and
(6) any other notice or warning otherwise required by law.
The ordinance summonses must be consecutively and discretely numbered. The ordinance summonses must be audited as part of the annual independent audit required in Section 4-9-150 for counties and in Section 5-7-240 for municipalities, and a separate copy of each audit must be furnished to the chief administrative officer of the county or municipality, as appropriate.
(D) Service of a uniform ordinance summons vests all magistrates' and municipal courts with jurisdiction to hear and dispose of the charge for which the ordinance summons was issued and served.
(E) Any law enforcement officer or code enforcement officer who serves an ordinance summons must allow the person served to proceed without first having to post bond or to appear before a magistrate or municipal judge. Acceptance of an ordinance summons constitutes a person's recognizance to comply with the terms of the summons.
(F) Any person who fails to appear before the court as required by an ordinance summons, without first having posted such bond as may be required or without having been granted a continuance by the court, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days. Any law enforcement agency processing an arrest made pursuant to this subsection must furnish such information to the State Law Enforcement Division as required by Chapter 3 of Title 23.
(G) This statute does not prohibit a county or municipality from enforcing ordinances by means otherwise authorized by law.