South Carolina General Assembly
110th Session, 1993-1994

Bill 3336


                    Current Status
Introducing Body:               House
Bill Number:                    3336
Ratification Number:            247
Act Number:                     149
Primary Sponsor:                Snow
Type of Legislation:            GB
Subject:                        Commercial drivers licenses
Date Bill Passed both Bodies:   19930603
Computer Document Number:       JIC/5279HC.93
Governor's Action:              S
Date of Governor's Action:      19930614
Introduced Date:                19930202
Date of Last Amendment:         19930527
Last History Body:              ------
Last History Date:              19930614
Last History Type:              Act No. 149
Scope of Legislation:           Statewide
All Sponsors:                   Snow
                                Sharpe
                                Witherspoon
                                Rhoad
                                Riser
                                Worley
Type of Legislation:            General Bill

History

Bill   Body    Date          Action Description              CMN  Leg Involved
----   ------  ------------  ------------------------------  ---  ------------
3336   ------  19930614      Act No. 149
3336   ------  19930614      Signed by Governor
3336   ------  19930610      Ratified R 247
3336   Senate  19930603      Read third time, enrolled for
                             ratification
3336   Senate  19930602      Unanimous consent for third
                             reading on Thursday, June 3,
                             1993
3336   Senate  19930602      Read second time, notice of
                             general amendments
3336   Senate  19930601      Unanimous consent for second
                             reading with notice of
                             general amendments on
                             Wednesday, June 2, 1993
3336   Senate  19930601      Introduced, read first time,
                             placed on Calendar without
                             reference
3336   House   19930528      Read third time, sent to
                             Senate
3336   House   19930527      Amended, read second time,
                             unanimous consent for third
                             reading on Friday, May 28,
                             1993
3336   House   19930519      Recalled from Committee         21
3336   House   19930202      Introduced, read first time,    21
                             referred to Committee
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A149, R247, H3336)

AN ACT TO AMEND SECTION 56-1-2030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE COMMERCIAL DRIVER LICENSE ACT, SO AS TO ADD DEFINITIONS; AND TO ADD SECTION 56-1-2085 SO AS TO AUTHORIZE ISSUANCE OF A SEASONAL RESTRICTED COMMERCIAL DRIVER'S LICENSE, TO PROVIDE LICENSING REQUIREMENTS, AND THE EXTENT OF USE FOR SUCH A LICENSE.

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

Definitions

SECTION 1. Section 56-1-2030 of the 1976 Code is amended by adding two appropriately numbered items to read:

"( ) `Farm related vehicle' means a vehicle used (a) in custom harvester operations, (b) in livestock feeding operations, or (c) by an agri-chemical business or a company which hauls agri-chemical products to a farm.

( ) `Seasonal restricted commercial driver's license' means a commercial driver's license issued under the authority of the waiver promulgated by the Federal Department of Transportation (57 Federal Register 13650) by the department to an individual who has not passed the knowledge or skill test required of other commercial driver's license holders. This license authorizes operation of a commercial motor vehicle only on a seasonal basis, stated on the license, by a seasonal employee of a custom harvester, livestock feeder, agri-chemical operation and company hauling agri-chemical products to a farm within one hundred fifty miles of the place of business."

Seasonal restricted commercial driver's license; requirements for; scope of

SECTION 2. Article 13, Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-2085. (A) No person may drive a commercial vehicle in this State in violation of any of the restrictions or limitations stated on the person's commercial license or restricted commercial license.

(B) The department may issue a seasonal restricted commercial driver's license in accordance with this section.

(C) A South Carolina seasonal restricted commercial driver's license may be issued only to a person who:

(1) is a seasonal employee of a custom harvester, livestock feeder, or an agri-chemical business;

(2) holds a valid South Carolina Class E (2) or F (3) driver's license or takes and successfully completes the required written and skill test for a class E (2) license;

(3) has at least one year driving experience as a licensed driver; and

(4) has satisfied every requirement for issuance of a commercial driver's license, except successful completion of the knowledge and skill test.

(D) The department may not issue or renew a seasonal restricted commercial driver's license for the operation of a commercial vehicle unless the applicant has not and certifies that he has not at any time during the two years immediately preceding the date of application:

(1) had more than one driver's license;

(2) had any driver's license or driving privileges suspended, revoked, or canceled;

(3) been subject to disqualification listed in 383.51 of the Federal Motor Carrier Regulations;

(4) contributed to an accident;

(5) received more than four points against his license.

(E) The applicant shall certify and provide evidence satisfactory to the department that he is employed on a seasonal basis by a custom harvester, livestock feeder, agri-chemical business, or a company hauling agri-chemical products to a farm in a job requiring the operation of a commercial vehicle.

(F) A seasonal restricted commercial driver's license entitles the licensee to operate type B and C commercial vehicles only, with the proper restriction or endorsement, or both.

(G) A seasonal restricted commercial driver's license does not entitle the licensee to operate a Class A type commercial vehicle or a vehicle placarded for hazardous materials.

(H) A seasonal restricted commercial driver's license is valid for one hundred eighty days from the date of issue in one calendar year.

(I) A seasonal restricted commercial driver's license allows the driver to operate within one hundred fifty miles of the place of business as shown on the vehicle registration."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 14th day of June, 1993.