Current Status Introducing Body:Senate Bill Number:1238 Primary Sponsor:Pope Committee Number:15 Type of Legislation:GB Subject:Commercial vehicles, licensing of; exceptions Residing Body:Senate Current Committee:Transportation Computer Document Number:BR1/1930.AC Introduced Date:Jan 28, 1992 Last History Body:Senate Last History Date:Jan 28, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Pope Type of Legislation:General Bill
Bill Body Date Action Description CMN
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1238 Senate Jan 28, 1992 Introduced, read first time, 15
referred to Committee
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TO AMEND SECTION 56-1-2070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMERCIAL MOTOR VEHICLE DRIVER'S LICENSES AND EXCEPTIONS TO THE LICENSING REQUIREMENT, SO AS TO ADD AN EXCEPTION FOR VETERANS OF THE UNITED STATES ARMED FORCES WHO MEET CERTAIN CRITERIA AND FOR HARDSHIP CASES AS DETERMINED PURSUANT TO REGULATIONS OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND TO PROVIDE THAT VIOLATIONS APPLICABLE TO A HOLDER OF A COMMERCIAL DRIVER'S LICENSE ALSO APPLY TO THE PERSON DRIVING UNDER AN EXEMPTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-1-2070(B) of the 1976 Code is amended to read:
"(B) The following persons may operate commercial motor vehicles without a commercial driver's license:
(1) active duty military personnel and reservists and National Guard members who are on active duty while operating vehicles owned by the United States government, unless they are required by the owner of the vehicle to have a valid state driver's license;
(2) operators of a farm vehicle which is:
(a) controlled and operated by a farmer;
(b) used to transport agricultural products, farm machinery, farm supplies, or a combination of them to or from a farm;
(c) not used in the operation of a common or contract motor carrier; and
(d) used within one hundred fifty miles of the person's farm.;
(3) persons operating authorized emergency vehicles as defined in Section 56-5-170.;
(4) operators of recreational vehicles used solely for personal use.;
(5) a veteran of the United States Armed Forces who:
(a) has a valid South Carolina driver's license;
(b) only drives the commercial vehicle within this State;
(c) meets the requirements for waiver of the skills test for a commercial driver's license as specified in Section 56-1-2080(B)(1) through (3);
(6) a person who demonstrates an undue hardship that must be approved by the South Carolina Department of Highways and Public Transportation in accordance with regulations promulgated by the department."
SECTION 2. Section 56-1-2070 of the 1976 Code is amended by adding:
"(E) A person who drives a commercial motor vehicle without a commercial driver's license under an exemption in subsection (B) is subject to Sections 56-1-2110, 56-1-2120, and 56-1-2130. When the penalty for violating any one of these sections is suspension, revocation, or cancellation of a commercial driver's license, the penalty applies to the person's exemption under subsection (B) and, if applicable, to the privilege of obtaining a commercial driver's license."
SECTION 3. This act takes effect upon approval by the Governor.