H 4369 General Bill, By P.B. Harris, Allison, J.M. Baxley, Breeland, J. Brown, 
Cato, R.S. Corning, J.L.M. Cromer, L.L. Elliott, T.L. Farr, R.C. Fulmer, 
S.E. Gonzales, J.P. Harrelson, Harrison, Harvin, J. Hines, H.G. Hutson, 
Inabinett, Keegan, Kelley, W.D. Keyserling, Kirsh, Littlejohn, C.V. Marchbanks, 
J.G. Mattos, Meacham, Neilson, Phillips, Rhoad, T.F. Rogers, I.K. Rudnick, 
J.S. Shissias, D. Smith, J.J. Snow, Stuart, J.W. Tucker, Vaughn, C.Y. Waites, 
D.C. Waldrop, C.C. Wells, L.S. Whipper, Wilder, J.B. Wilder, Wilkes and 
Witherspoon

Similar(S 927)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 38-73-737 so as to provide that automobile liability and collision insurance
 rates are subject to a credit if an insured has passed an approved driver
 training course, and to provide for the requirements of the course.

   12/08/93  House  Prefiled
   12/08/93  House  Referred to Committee on Labor, Commerce and Industry
   01/11/94  House  Introduced and read first time HJ-32
   01/11/94  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-32

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-737 SO AS TO PROVIDE THAT AUTOMOBILE LIABILITY AND COLLISION INSURANCE RATES ARE SUBJECT TO A CREDIT IF AN INSURED HAS PASSED AN APPROVED DRIVER TRAINING COURSE, AND TO PROVIDE FOR THE REQUIREMENTS OF THE COURSE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 38-73-737. (A) Premium rates charged for liability coverages and collision coverage under a private passenger automobile insurance policy are subject to an appropriate driver training course credit once satisfactory evidence is presented that an applicant for the credit, who is not subject to the youthful operator approved driver training course credit mandated by Regulation 69-13.2(C), has completed successfully an approved driver training course. The amount of the credit may be determined by each individual insurer based upon factually or statistically supported data and is subject to prior approval by the commissioner. The credit must be afforded to the operator for thirty-six months from the date the approved driver training course was completed. The insurer may require as a condition of providing and maintaining the credit, that the insured for a three-year period after course completion not be involved in an accident for which the insured is at fault. The credit must be afforded by each insurer in a nondiscriminatory manner to all applicants, other than those considered within Regulation 69-13.2(C).

(B) `An approved driver training course' for purposes of this section is a driver training course which has been approved by the Department of Public Safety and was conducted by:

(1) a recognized college or university;

(2) instructors certified by the Department of Public Safety; or

(3) any other school approved and supervised by the Department of Public Safety.

(C) The requirements of the course, in order to qualify for the insurance credit, must include the following minimum criteria:

(1) eight hours of classroom instruction;

(2) the teaching method must include group discussion, lecture, and visual presentations;

(3) the course materials must include age-related physical changes affecting older drivers, accident prevention measures, and a basic review of the rules-of-the-road, including but not limited to, rights of way, backing, entering, and leaving interstate highways; and

(4) a relevant test on the course material.

(D) For purposes of this section `satisfactory evidence' is a certificate signed by an official of the school or the Department of Public Safety, which certifies that:

(1) the person achieved a passing grade on a relevant test on the course material;

(2) the course was approved by and the instructors were certified by the Department of Public Safety; and

(3) the school was approved and supervised by the Department of Public Safety.

(E) Only the vehicle driven by drivers who have completed successfully the driver training course qualifies for the insurance credit. In order for the credit to apply, the certificate must be furnished by the named insured, principal operator of the insured vehicle, and all occasional operators named in the policy as provided in Department of Insurance Regulation 69-13.1(II)(C). Other vehicles which may be operated by other family members who have not completed the driver training course do not qualify for the insurance credit unless the primary driver of the additional vehicle has successfully completed the driver training course.

(F) Only driver training courses taken on a voluntary basis qualify for the insurance credit. Driver training courses taken as a requirement of a driving offense, including but not limited to, ADSAP or driver training courses taken to reduce the number of traffic violation points against a driver's license, do not qualify for the insurance credit provided in this section."

SECTION 2. This act takes effect July 1, 1994.