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TO AMEND THE TITLE OF CHAPTER 2, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976; TO REPEAL SECTION 56-2-2740, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES' REFUSAL TO RENEW A DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF A PERSON WHO DOES NOT PAY PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE, THE ISSUANCE OF LICENSE PLATES, AND THE VALIDATION AND REVALIDATION OF DECALS; TO AMEND CHAPTER 2 OF TITLE 56, BY ADDING ARTICLE 1, SO AS TO PROVIDE FOR THE OPERATION, TITLING, AND SALE OF LOW SPEED VEHICLES; TO AMEND SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN CERTAIN PROVISIONS THAT PERTAIN TO THE ISSUANCE OF DRIVER'S LICENSES, SO AS TO PROVIDE DEFINITIONS FOR THE TERMS "LOW SPEED VEHICLE", "ALL TERRAIN VEHICLE", "OPERATOR" OR "DRIVER", AND "PERSON"; TO ADD SECTION 56-5-820 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A LOW SPEED VEHICLE IN VIOLATION OF THE PROVISIONS THAT REGULATE THE OPERATION OF THESE VEHICLES, AND TO PROVIDE A PENALTY; AND TO ADD SECTION 56-1-405 SO AS TO RECODIFY THE PROVISION THAT RELATES TO THE DEPARTMENT OF MOTOR VEHICLES' REFUSAL TO RENEW A DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF A PERSON WHO DOES NOT PAY PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE, THE ISSUANCE OF LICENSE PLATES, AND THE VALIDATION AND REVALIDATION OF DECALS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The title of Chapter 2, Title 56, of the 1976 Code is amended to read:
SECTION 2. Section 56-2-2740 of the 1976 Code is repealed.
SECTION 3. Chapter 2, Title 56 of the 1976 Code is amended by adding:
Section 56-2-100. (A) A low speed vehicle may be operated only on a secondary highway for which the posted speed limit is thirty-five miles an hour or less.
(B) A low speed vehicle may cross a highway at an intersection where the highway has a posted speed limit of more than thirty-five miles an hour.
(C) A low speed vehicle must meet the requirements of Federal Motor Vehicle Safety Standard 500 (Part 49 Section 571.500 of the Code of Federal Regulations) at all times when operated on any highway. A low speed vehicle that complies with the equipment requirements in 49 C.F.R. Section 571.500 complies with all equipment requirements of this title.
(D) Nothing in this section prevents local governments from adopting more stringent local ordinances governing low speed vehicle operation.
(E) A county or municipality may prohibit the operation of low speed vehicles on any street or highway if the governing body of the county or municipality determines that the prohibition is necessary in the interest of safety.
(F) The Department of Transportation may prohibit the operation of low speed vehicles on any street or highway if it determines that the prohibition is necessary in the interest of safety.
Section 56-2-110. A person operating a low speed vehicle must be at least sixteen years of age and shall hold a valid driver's license. The operator of a low speed vehicle being operated on a highway must have in his possession:
(1) the registration card issued by the department or the registration card issued by the state in which the low speed vehicle is registered; and
(2) his driver's license.
Section 56-2-120. (A) A low speed vehicle must be titled as specified in this title. The manufacturer's or importer's certificate of origin must identify clearly the vehicle as a low speed vehicle and must certify that the vehicle was manufactured in compliance with the equipment requirements for low speed vehicles in 49 C.F.R. Section 571.500. The State shall not issue vehicle identification numbers to homemade low speed vehicles, retrofitted golf carts, or any other similar vehicles, and these vehicles shall not qualify as low speed vehicles in this State.
(B) If the vehicle is owned by a nonresident, but is subject to issuance of a certificate of title in this State, the application must also contain his:
(1) full legal name, social security number, or, if the primary user does not have a social security number but has a passport, his passport number;
(2) driver's license number, whether the license was issued by this State or another jurisdiction;
(3) date of birth;
(4) bona fide principal residence address;
(5) address in this State where the low speed vehicle will be housed and used; and
(6) mailing address of the primary user of the vehicle. If the primary user is a firm, association, or corporation, the application must contain the business address and federal employer identification number of the primary user.
(C) A low speed vehicle must be registered and licensed in the same fashion as passenger vehicles pursuant to this title and is subject to the same insurance requirements applicable to other motor vehicles under this title.
(D) The Department of Motor Vehicles shall establish a special size and class of license plate for low speed vehicles that clearly identifies the vehicle as a low speed vehicle.
Section 56-2-130. A person engaged in the wholesale or retail sale of low speed vehicles must comply with the motor vehicle dealer licensing laws of this state as specified in this title."
SECTION 4. Section 56-1-10 of the 1976 Code, as last amended by Act 51 of 2003, is further amended by adding at the end:
"(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.
(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 upon a highway.
(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."
SECTION 5. Article 6, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-820. (A) A person operating a low speed vehicle on a highway must comply with all statutes regarding low speed vehicles in this title.
(B) Each violation of low speed vehicle laws constitutes a separate offense.
(C) The penalty for a violation of this section is contained in Section 56-5-6190."
SECTION 6. Article 1, Chapter 1, Title 56 of the 1976 Code, is amended by adding:
"Section 56-1-405. (A) The Department of Motor Vehicles shall refuse to renew the driver's license and motor vehicle registration of a person who does not pay personal property taxes within the time limits prescribed in this chapter. A county treasurer or municipal clerk treasurer shall forward notification to the department of persons violating the provisions of this chapter. Notification of individuals violating this chapter must be forwarded to the department in the time and manner determined by the department for the proper administration of this section.
(B) The department shall issue biennial license plates and revalidation decals. The department may enter into contracts with persons, corporations, or governmental subdivisions to issue license plates and revalidation decals. The department, person, corporation, or governmental subdivision shall give a motor vehicle owner a license plate or revalidation decal for the tax year for which personal property taxes and biennial fees are paid pursuant to Section 56-3-253.
(C) All validation decals must be issued for a period not to exceed twelve months.
(D) A person or corporation that issues license plates or revalidation decals pursuant to this section may charge a fee in excess of the fee charged by the department.
(E) A governmental subdivision that issues license plates or revalidation decals pursuant to this section may charge a one dollar fee to defray the expenses associated with the issuance of license plates and revalidation decals.
(F) The department shall supervise the provision of services contained in this section."
SECTION 7. 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 8. This act takes effect six months after approval by the Governor.
This web page was last updated on Tuesday, June 23, 2009 at 2:51 P.M.