Reference is to Printer's Date 4/27/17 -H.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-1-10 of the 1976 Code, as last amended by Act 216 of 2010, is further amended to read:
"Section 56-1-10. For the purpose
of this title, unless otherwise indicated, the following words,
phrases, and terms are defined as follows:
(1) 'Driver' means every person who
drives or is in actual physical control of a vehicle.
(2) 'Operator' means every person who
drives or is in actual physical control of a motor vehicle or
who is exercising control over or steering a vehicle being towed
by a motor vehicle.
(3) 'Owner' means a person, other than a
lienholder, having the property interest in or title to a
vehicle. The term includes a person entitled to the use and
possession of a vehicle subject to a security interest in
another person, but excludes a lessee under a lease not intended
as security. This term also includes a person to whom a moped
is registered if the moped is not titled.
(4) 'Department' means the Department of
Motor Vehicles when the term refers to the duties, functions,
and responsibilities of the former Motor Vehicle Division of the
Department of Public Safety and means the Department of Public
Safety otherwise and in Section 56-3-840.
(5) 'State' means a state, territory, or
possession of the United States and the District of Columbia, or
the Commonwealth of Puerto Rico.
(6) 'Highway' means the entire width
between the boundary lines of every way publicly maintained when
any part of it is open to the use of the public for purposes of
vehicular travel.
(7) 'Motor vehicle' means every vehicle
which is self-propelled and every vehicle which is propelled by
electric power obtained from overhead trolley wires but not
operated upon rails.
(8) 'Motorcycle' means every motor
vehicle having no more than two permanent functional wheels in
contact with the ground or trailer and having a saddle for the
use of the rider, but excluding a tractor and a moped.
(9) 'Nonresident' means every person who
is not a resident of this State.
(10) 'Nonresident's operating privilege'
means the privilege conferred upon a nonresident by the laws of
this State pertaining to the operation by the person of a motor
vehicle, or the use of a vehicle owned by the person, in this
State.
(11) 'Conviction' means an unvacated
adjudication of guilt, or a determination that a person has
violated or failed to comply with the law in a court of original
jurisdiction, an unvacated forfeiture of bail or collateral
deposited to secure the person's appearance in court, a plea of
guilty or nolo contendere accepted by the court, the payment of
a fine or court cost, or violation of a condition of release
without bail, regardless of whether or not the penalty is
rebated, suspended, or probated.
(12) 'Cancellation of driver's license'
means the annulment or termination by formal action of the
Department of Motor Vehicles of a person's driver's license
because of some error or defect in the license or because the
licensee is no longer entitled to the license; the cancellation
of a license is without prejudice, and application for a new
license may be made at any time after the cancellation.
(13) 'Revocation of driver's license'
means the termination by formal action of the Department of
Motor Vehicles of a person's driver's license or privilege to
operate a motor vehicle on the public highways, which privilege
to operate is not subject to renewal or restoration, except that
an application for a new license may be presented and acted upon
by the department.
(14) 'Suspension of driver's license'
means the temporary withdrawal by formal action of the
Department of Motor Vehicles of a person's driver's license or
privilege to operate a motor vehicle on the public highways,
which temporary withdrawal shall be as specifically designated.
(15) 'Automotive three-wheel vehicle'
means every motor vehicle having no more than three permanent
functional wheels in contact with the ground, having a bench
seat for the use of the operator, and having an automotive type
steering device, but excluding a tractor or motorcycle
three-wheel vehicle.
(16) 'Alcohol' means a substance
containing any form of alcohol including, but not limited to,
ethanol, methanol, propanol, and isopropanol.
(17) 'Alcohol concentration' means:
(a) the number of
grams of alcohol for each one hundred milliliters of blood by
weight; or
(b) as determined
by the South Carolina Law Enforcement Division for other bodily
fluids.
(18) 'Motorcycle three-wheel vehicle'
means every motor vehicle having no more than three permanent
functional wheels in contact with the ground to include
motorcycles with detachable side cars, having a saddle type seat
for the operator, and having handlebars or a motorcycle type
steering device but excluding a tractor or automotive
three-wheel vehicle.
(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, and whose GVWR gross vehicle
weight rating (GVWR) is less than three thousand pounds.
(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.
(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.
(23) 'Office of Motor Vehicle Hearings'
means the Office of Motor Vehicle Hearings created by Section
1-23-660. The Office of Motor Vehicle Hearings has exclusive
jurisdiction to conduct all contested case hearings or
administrative hearings arising from department actions.
(24) 'Administrative hearing' means a
'contested case hearing' as defined in Section 1-23-310. It is a
hearing conducted pursuant to the South Carolina Administrative
Procedures Act.
(25) 'Home jurisdiction' means the
jurisdiction which has issued and has the power to suspend or
revoke the use of the license or permit to operate a motor
vehicle.
(26) 'Moped' means a cycle,
defined as a motor vehicle, with or without pedals, to permit
propulsion by human power, that travels on not more than three
wheels in contact with the ground whether powered by gasoline,
electricity, alternative fuel, or a hybrid combination thereof.
Based on the engine or fuel source, the moped must be equipped
not to exceed the following limitations: a motor of fifty cubic
centimeters; or designed to have an input exceeding 750 watts
and no more than 1500 watts. If an internal combustion engine is
used, the moped must have a power drive system that functions
directly or automatically without clutching or shifting by the
operator after the drive system is engaged.
(27) 'Daylight hours' means
after six o'clock a.m. and no later than six o'clock p.m.
However, beginning on the day that daylight saving time goes
into effect through the day that daylight saving time ends,
'daylight hours' means after six o'clock a.m. and no later than
eight o'clock p.m. All other hours are designated as nighttime
hours.
(28) 'Vehicle' means every
device in, upon, or by which a person or property is or may be
transported or drawn upon a highway, except devices moved by
human power or used exclusively upon stationary rails or
tracks."
SECTION 2. Section 56-1-30 of the 1976 Code is amended to
read:
"Section 56-1-30. The following
persons are exempt from licenses under this
article chapter:
(1) Any employee of the United States
Government while operating a motor vehicle owned by or leased to
the United States Government and being operated on official
business, unless the employee is required by the United States
Government or the Federal agency by which he is employed to have
a State driver's license;
(2) A nonresident who is at least
sixteen years of age and who has in his immediate possession a
valid operator's or chauffeur's license issued to him in his
home state or country may operate a motor vehicle, but a person
may not claim nonresidence exemption under this provision who
does not maintain a permanent residence address in the state or
country of which he holds a valid and current operator's or
chauffeur's license at which he regularly receives his mail and
which address is on file with the motor vehicle authorities of
that state or country; also, a person may not claim nonresidence
exemption under this provision who for all other intents and
purposes has or may remove his residence into this State;
(3) Any nonresident who is at least
eighteen years of age and whose home state or country does not
require the licensing of operators may operate a motor vehicle
for a period of not more than ninety days in any calendar year,
if the motor vehicle is duly registered in the home state or
country of the nonresident and a nonresident on active duty in
the Armed Services of the United States who has a valid license
issued by his home state and the nonresident's spouse or
dependent who has a valid license issued by his home state;
(4) A person operating or driving
implements of husbandry temporarily drawn, propelled, or moved
upon a highway. Implements of husbandry include, but are not
limited to, farm machinery and farm equipment other than a
passenger car.
(5) Any person on active duty in the
Armed Services of the United States who has in his immediate
possession a valid driver's license issued in a foreign country
or by the Armed Services of the United States may operate a
motor vehicle in this State for a period of not more than ninety
days from the date of his return to the United States; and
(6) A citizen of a foreign jurisdiction
whose licensing procedure is at least as strict as South
Carolina's, as determined by the Department of Motor Vehicles,
who is at least eighteen years of age, who is employed in South
Carolina, and who has a valid driver's license issued by that
jurisdiction may drive in this State for five years if the
foreign jurisdiction provides a reciprocal arrangement for South
Carolina residents. The provisions of this item also shall apply
to the dependents of foreign nationals who qualify under this
section."
SECTION 3. Section 56-1-50 of the 1976 Code, as last
amended by Act 267 of 2016, is further amended to read:
"Section 56-1-50.
(A) A person who is at least fifteen
years of age may apply to the Department of Motor Vehicles for a
beginner's permit. After the applicant has passed successfully
all parts of the examination other than the driving test, the
department may issue to the applicant a beginner's permit which
entitles the applicant having the permit in his immediate
possession to drive a motor vehicle under the conditions
contained in this section on the public highways for not more
than twelve months.
(B) The permit is valid
only in the operation of:
(1)
vehicles after six o'clock a.m. and not
later than midnight. Except as provided in subsection (E), while
driving, the permittee must be accompanied by a licensed driver
twenty-one years of age or older who has had at least one year
of driving experience. A permittee may not drive between
midnight and six o'clock a.m. unless accompanied by the
permittee's licensed parent or guardian;
(2)
motorcycles or mopeds after six
o'clock a.m. and not later than six o' clock p.m. However,
beginning on the day that daylight saving time goes into effect
through the day that daylight saving time ends, the permittee
may operate motorcycles or mopeds after six o'clock a.m. and not
later than eight o'clock p.m. A permittee may not operate a
motorcycle at any other time unless accompanied by a licensed
motorcycle operator twenty-one years of age or older who has at
least one year of driving experience. A permittee may not
operate a moped at any other time unless accompanied by a
licensed driver twenty-one years of age or older who has at
least one year of driving experience.
(C) The accompanying
driver must:
(1)
occupy a seat beside the permittee when the permittee is
operating a motor vehicle; or
(2)
be within a safe viewing distance of the permittee when
the permittee is operating a motorcycle or a moped.
(D) A beginner's permit
may be renewed or a new permit issued for additional periods of
twelve months, but. However, the
department may refuse to renew or issue a new permit where the
examining officer has reason to believe the applicant has not
made a bona fide effort to pass the required driver's road test
or does not appear to the examining officer to have the aptitude
to pass the road test. The fee for every beginner's or renewal
permit is two dollars and fifty cents, and the permit must bear
the full name, date of birth, and residence address and a brief
description and color photograph of the permittee and a
facsimile of the signature of the permittee or a space upon
which the permittee shall write his usual signature with pen and
ink immediately upon receipt of the permit. A permit is not
valid until it has been signed by the permittee.
(E) The following
persons are not required to obtain a beginner's permit to
operate a motor vehicle:
(1)
a student at least fifteen years of age regularly enrolled
in a high school of this State which conducts a driver's
training course while the student is participating in the course
and when accompanied by a qualified instructor of the course;
and
(2)
a person fifteen years of age or older enrolled in a
driver training course conducted by a driver training school
licensed under Chapter 23 of this title. However, this person at
all times must be accompanied by an instructor of the school and
may drive only an automobile owned or leased by the school which
is covered by liability insurance in an amount not less than the
minimum required by law.
(F) A person who has
never held a form of license evidencing previous driving
experience first must be issued a beginner's permit and must
hold the permit for at least one hundred eighty days before
being eligible for full licensure.
(G) The fees collected
pursuant to this section must be credited to the Department of
Transportation State Non-Federal Aid Highway Fund as
provided in the following schedule based on the actual date of
receipt by the Department of Motor Vehicles
Fees and Penalties General
Fund Department of
Collected After of the
State Transportation
State Non Federal Aid
June 30, 200560 percent
40 percent
June 30, 2006 20
percent 80 percent
June 30, 2007 0
percent 100 percent."
SECTION 4. Section 56-1-175 of the 1976 Code is amended to read:
"Section 56-1-175.
(A) The
department of Motor Vehicles may issue a conditional driver's
license to a person who is at least fifteen years of age and
less than sixteen years of age, who has:
(1)
held a beginner's permit for at least one hundred eighty
days;
(2)
passed a driver's education course as defined in
subsection (E)(D);
(3)
completed at least forty hours of driving practice,
including at least ten hours of driving practice during
darkness, supervised by the person's licensed parent or
guardian;
(4)
passed successfully the road tests or other requirements
the department may prescribe; and
(5)
satisfied the school attendance requirement contained in
Section 56-1-176.
(B) A conditional
driver's license is valid only in the operation
of:
(1)
vehicles during daylight hours. The holder
of a conditional license must be accompanied by a licensed adult
twenty-one years of age or older after six o'clock p.m. or eight
o'clock p.m. during daylight saving time. A conditional driver's
license holder may not drive between midnight and six o'clock
a.m., unless accompanied by the holder's licensed parent or
guardian; . The accompanying driver
must:
(1)
occupy a seat beside the conditional license
holder when the conditional license holder is operating a motor
vehicle; or
(2)
a motor scooter or light motor-driven cycle of
five-brake horsepower or less, during daylight hours
be within a safe viewing distance of the conditional license
holder when the conditional license holder is operating a
motorcycle or a moped.
(C) A conditional
driver's license holder may not transport more than two
passengers who are under twenty-one years of age unless
accompanied by a licensed adult who is twenty-one years of age
or older. This restriction does not apply when the conditional
driver's license holder is transporting family members, or
students to or from school.
(D) Daylight
hours, as used in this section, means after the hour of six
o'clock a.m. and no later than six o'clock p.m. However,
beginning on the day that daylight saving time goes into effect
through the day that daylight saving time ends, the holder of
the conditional license may operate a vehicle after six o'clock
a.m. and no later than eight o'clock p.m. For purposes of this
section, all other hours are designated as nighttime
hours.
(E) A
driver training course, as used in this section, means a
driver's training course administered by a driver's training
school or a private, parochial, or public high school conducted
by a person holding a valid driver's instructor permit contained
in Section 56-23-85.
(F)(E)
For purposes of issuing a conditional driver's
license pursuant to this section, the department must accept a
certificate of completion for a student who attends or is
attending an out-of-state high school and passed a qualified
driver's training course or program that is equivalent to an
approved course or program in this State. The department must
establish procedures for approving qualified driver's training
courses or programs for out-of-state students."
SECTION 5. Section 56-1-180 of the 1976 Code is amended to read:
"Section 56-1-180.
(A) The
department of Motor Vehicles may issue a special restricted
driver's license to a person who is at least sixteen years of
age and less than seventeen years of age, who has:
(1)
held a beginner's permit for at least one hundred eighty
days;
(2)
passed a driver's education course as defined in
subsection (F);
(3)
completed at least forty hours of driving practice,
including at least ten hours of driving practice during
darkness, supervised by the person's licensed parent or
guardian;
(4)
passed successfully the road test or other requirements
the department may prescribe; and
(5)
satisfied the school attendance requirement contained in
Section 56-1-176.
(B)
The A special restricted driver's
license is valid only in the operation of:
(1)
vehicles during daylight hours.
During nighttime hours, The holder of a special
restricted driver's license must be accompanied by a licensed
adult, twenty-one years of age or older after six o'clock
p.m. or eight o'clock p.m. during daylight savings time. The
holder of a special restricted driver's license may not drive
between midnight and six o'clock a.m., unless accompanied by the
holder's licensed parent or guardian. The accompanying driver
must:
(1)
occupy a seat beside the conditional license
holder when the conditional license holder is operating a motor
vehicle; or
(2) be
within a safe viewing distance of the conditional license holder
when the conditional license holder is operating a motorcycle or
a moped.
(C) The
restrictions in this section may be modified or waived by the
department if the restricted licensee proves to the department's
satisfaction that the restriction interferes or substantially
interferes with:
(a)(1)
employment or the opportunity for employment;
(b)(2) travel
between the licensee's home and place of employment or school;
or
(c)(3) travel
between the licensee's home or place of employment and
vocational training;
(4)
travel between the licensee's church,
church-related and church-sponsored activities; or
(5)
travel between the licensee's parentally
approved sports activities.
(2)
a motor scooter or light
motor-driven cycle of five-brake horsepower or less during
daylight hours.
(C)(D)
The waiver or modification of
restrictions provided for in item (1)
subsection (C) must include a statement of the purpose of
the waiver or modification executed by the parents or legal
guardian of the holder of the restricted license and documents
executed by the driver's employment or school official, as is
appropriate, evidencing the holder's need for the waiver or
modification.
(D)(E)
A special restricted license
holder may not transport more than two passengers who are under
twenty-one years of age unless accompanied by a licensed adult
twenty-one years of age or older. This restriction does not
apply when the special restricted license holder is transporting
family members or students to or from school.
(E)
Daylight hours, as used in this section, means
after the hour of six o'clock a.m. and no later than six o'clock
p.m. However, beginning on the day that daylight saving time
goes into effect through the day that daylight saving time ends,
the holder of the special restricted license may operate a
vehicle after six o'clock a.m. and no later than eight o'clock
p.m. For purposes of this section, all other hours are
designated as nighttime hours.
(F) A driver training course, as used in
this section, means a driver's training course administered by a
driver's training school or a private, parochial, or public high
school conducted by a person holding a valid driver's
instruction permit contained in Section 56-23-85.
(G) For purposes of issuing a special
restricted driver's license pursuant to this section, the
department must accept a certificate of completion for a student
who attends or is attending an out-of-state high school and
passed a qualified driver's training course or program that is
equivalent to an approved course or program in this State. The
department must establish procedures for approving qualified
driver's training courses or programs for out-of-state
students."
SECTION 6. Section 56-1-1710 of the 1976 Code is amended to read:
"Section 56-1-1710. For
purposes of this article, 'moped' means a cycle with pedals to
permit propulsion by human power or without pedals and with a
motor of not more than fifty cubic centimeters which produces
not to exceed two brake horsepower and which is not capable of
propelling the vehicle at a speed in excess of thirty miles an
hour on level ground. If an internal combustion engine is used,
the moped must have a power drive system that functions directly
or automatically without clutching or shifting by the operator
after the drive system is engaged
Reserved."
SECTION 7. Section 56-1-1720 of the 1976 Code is amended
to read:
"Section 56-1-1720. Until
January 1, 1987, no person under the age of twelve may operate a
moped on the public highways and streets of this State. After
December 31, 1986, to operate a moped on the public highways and
streets of this State, a person must possess a valid driver's
license issued under Article 1 of this chapter or a valid moped
operator's license issued under this article, except that a
person whose driver's license has been suspended for a period of
six months or less is not required to obtain a moped operator's
license or possess a valid driver's license during the period of
suspension. From January 1, 1987, to December 31, 1987, the
Department shall not issue a moped operator's license to any
person who is less than thirteen years of age. After December
31, 1987, the
(A) To operate a moped on
public highways, a person must possess a valid driver's license
issued under Article 1 of this chapter or a valid moped
operator's license issued under this article. The department
of Motor Vehicles shall not may issue a
moped operator's license to any a person
who is less than fourteen fifteen years
of age or older.
(B) A person younger than
sixteen years of age with a moped operator's license may operate
a moped:
(1) alone
during daylight hours only; and
(2)
during nighttime hours when accompanied by a licensed driver
twenty-one years of age or older who has had at least one year
of driving experience. The accompanying driver must be a
passenger or within a safe viewing distance of the operator when
the operator is operating a moped.
(C) A person sixteen years of
age or older with a moped license may drive a moped alone any
time.
(D) Any A
person who violates operates a moped in
violation of the provisions of this section is guilty of a
misdemeanor and, upon conviction of a first offense, must be
fined not less than twenty-five dollars nor more than
fifty not more than one hundred dollars and,
upon conviction of a second or subsequent offense, must be
fined not less than fifty not more than two
hundred dollars nor more than one hundred
dollars.
The Department may not issue a
beginner's permit or special restricted license as provided for
in Sections 56-1-50 and 56-1-180 to any person convicted of a
second or subsequent violation of operating a moped on the
public highways and roads of this State while under age, until
that person is at least fifteen and one-half years of age. (E) The fee for every
moped operator's license is twenty dollars. The fee must be
collected by the Department of Motor Vehicles and credited to
the Department of Transportation State Non-Federal Aid Highway
Fund."
SECTION 8. Section 56-1-1730 of the 1976 Code is amended
to read:
"Section 56-1-1730. (A) A person is eligible
for a moped operator's license without regard to his eligibility
for or the status of any other driver's license or permit.
(B) The Department of Motor
Vehicles may suspend, revoke, or cancel a moped operator's
license only for violations committed while operating a moped. A
moped operator's license may be suspended, revoked, or canceled
in the same manner and upon the same grounds for which any other
motor vehicle operator's license or permit may be suspended,
revoked, or canceled."
SECTION 9. Section 56-2-2740(C) of the 1976 Code is
amended to read:
"(C) All validation decals must be issued for a period
not to exceed twelve months, except for vehicles which do not
require the payment of property taxes."
SECTION 10. Chapter 2, Title 56 of the 1976 Code is
amended by adding:
Section 56-2-3000. A person operating a moped on a public highway at all times must have in his possession a valid moped operator's license or valid driver's license and moped registration.
Section 56-2-3010. (A) A moped
operated on a public highway must be registered and licensed
with the department in the same fashion as passenger vehicles
pursuant to this title.
(B) The department shall establish a
special size and class of license plates for mopeds that clearly
identifies the motor vehicle as a moped and distinctive
numbering and/or lettering so as to be identifiable to law
enforcement.
(C) Mopeds are not required to be titled
in this State.
(D) If a manufacturer's certificate of
origin states the vehicle is a 'motor scooter', 'motor-driven
cycle', or any similar term, the definitions of 'motorcycle' and
'moped', as shown in Section 56-1-10, must be used to determine
whether the vehicle must be registered as a moped or must be
titled and registered as a motorcycle.
Section 56-2-3020. (A) A privately
owned and operated moped of a nonresident, otherwise subject to
registration and license as provided by this chapter, may be
operated within this State without being registered and
licensed, provided the moped:
(1) is duly
registered or licensed in the state, territory, district, or
country of residence of the owner; and
(2) has displayed
or issued a valid registration, registration card, license plate
or decal, or other indicia satisfactorily evidencing compliance
with the requirements of the owner's home jurisdiction.
(B) The moped of a nonresident must be
registered and licensed pursuant to this article upon the
earlier of a nonresident's:
(1) establishment
of domicile in this State; or
(2) operation of
the moped in this State for an accumulated period exceeding one
hundred and eighty days.
Section 56-2-3030. An owner of a moped
required to be registered in this State shall make application
to the department for the registration and licensing of the
moped. The application must be made upon the appropriate form
furnished by the department. Every application must bear the
signature of the owner.
Section 56-2-3040. (A) An application for registration and
licensing of a moped shall contain:
(1) the name, bona
fide residence and mailing address of the owner or business
address of the owner if a firm, association or corporation;
(2) a description
of the moped including, insofar as this exists with respect to a
given moped, the make, model, type of body, serial number or
other identifying number, whether the vehicle is new or used,
and the date of sale by the manufacturer or seller to the person
intending to operate the moped;
(3) other
information that reasonably may be required by the department to
enable the department to determine whether the moped is lawfully
entitled to registration and licensing.
(B) The application shall be accompanied
by a bill of sale and a vehicle registration certificate,
manufacturer's certificate of origin, or an affidavit from the
applicant certifying that he is the legal and rightful owner of
the moped. The documentation provided must list the vehicle
specifications, including the total cubic centimeters of the
engine or wattage of the engine, as applicable.
Section 56-2-3050. The department, at the request of the owner, may issue a title for the moped in conjunction with the moped registration, provided that the owner makes application for title on the appropriate form and provides the department with a manufacturer's certificate of origin or a prior title. If an owner cannot provide a manufacturer's statement of origin or prior title, the moped may be registered, but not titled.
Section 56-2-3060. (A) A person is
guilty of a misdemeanor who:
(1) fraudulently
uses or gives a false or fictitious name or address in an
application required to be made under this article;
(2) knowingly makes
a false statement in an application; or
(3) knowingly
conceals a material fact in an application.
(B) A person who operates or an owner
who permits the operation of a vehicle registered and licensed
under a violation of this section is guilty of a misdemeanor
and, upon conviction, must be fined not more than two hundred
dollars or imprisoned not more than thirty days.
Section 56-2-3070. A person may not ride
upon a moped other than upon or astride a permanent and regular
seat attached to the moped. A moped may not be used to carry
more persons at one time than the number for which it is
designed and equipped by the manufacturer to carry.
Section 56-2-3080. A moped, while traveling along a multilane
highway, must be operated in the farthest right lane except when
making a left turn or when travel in the farthest right lane is
unsafe.
Section 56-2-3090. (A) During nighttime hours, while
operating a moped on a public highway, an operator and any
passenger must each wear a reflective vest that at a minimum is
ANSI/ISEA Class 1 standard.
(B) A person under the age of twenty-one
may not operate or ride upon a moped unless he wears a
protective helmet identical to underage motorcycle helmet
requirements provided in Section 56-5-3660.
Section 56-2-3100. It is unlawful to operate a moped:
(1) at a speed in
excess of thirty-five miles per hour on a public highway; or
(2) on a public
highway having a speed limit of greater than fifty-five miles
per hour. However, a moped is not prohibited from crossing an
intersection at a public road with a speed limit in excess of
fifty-five miles per hour.
Section 56-2-3110. The operator of a moped must have the head lights and operational lights turned on and in operation at all times while the moped is in operation on the public highways of this State.
Section 56-2-3120. (A) It is unlawful
for a person in the business of selling, leasing or renting
mopeds to sell, lease or rent a moped for use on the public
highways of this State without:
(1) operable
pedals, if the moped is equipped with pedals;
(2) at least one
rearview mirror;
(3) operable
headlights and running lights; and
(4) brake lights
which are operable when either brake is deployed.
Section 56-2-3130. A person in the business of selling mopeds
shall post, in a conspicuous place in his business, a sign that
contains a brief explanation of the provisions of law governing
the operation of mopeds including, but not limited to, age
restriction, maximum speeds, and the definition of a moped.
Section 56-2-3140. A person or entity selling mopeds is not required to obtain a motor vehicle dealer's license."
SECTION 11. Chapter 2, Title 56 of the 1976 Code is amended by adding:
Section 56-2-4000. It is a misdemeanor for any person to violate any of the provisions of this chapter unless such violation is by this chapter or other law of this State declared to be a felony. A person convicted of a misdemeanor for a violation of any of the provisions of this chapter for which another penalty is not provided shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days."
SECTION 12. Section 56-3-20 of the 1976 is amended read:
"Section 56-3-20. For purposes of
this chapter, the following words and phrases are defined as
follows:
(1) 'Vehicle' means every device
in, upon, or by which a person or property is or may be
transported or drawn upon a highway, except devices moved by
human power or used exclusively upon stationary rails or
tracks Reserved.
(2) 'Motor vehicle' means every
vehicle which is self- propelled, except mopeds, and every
vehicle which is propelled by electric power obtained from
overhead trolley wires, but not operated upon rails
Reserved.
(3) 'Motorcycle' means every
motorcycle having no more than two permanent functional wheels
in contact with the ground or trailer and having a saddle for
the use of the rider, but excluding a tractor
Reserved.
(4) 'Motor-driven cycle' means
every motorcycle, including every motor scooter, with a motor
which produces not to exceed five horsepower
Reserved.
(5) 'Authorized emergency vehicle' means
vehicles of the fire department (fire patrol), police vehicles,
and the ambulances and emergency vehicles of municipal
departments or public service corporations designated or
authorized by the department or the chief of police of an
incorporated municipality.
(6) 'School bus' means every bus owned
by a public or governmental agency and operated for the
transportation of children to or from school or privately owned
and operated for the transportation of children to or from
school.
(7) 'Truck tractor' means every motor
vehicle designed and used primarily for drawing other vehicles
and not constructed so as to carry a load other than a part of
the weight of the vehicle and load drawn.
(8) 'Farm tractor' means every motor
vehicle designed and used primarily as a farm implement for
drawing plows, mowing machines, and other implements of
husbandry.
(9) 'Road tractor' means every motor
vehicle designed and used for drawing other vehicles and not
constructed so as to carry a load on it either independently or
any part of the weight of a vehicle or load drawn.
(10) 'Truck' means every motor vehicle
designed, used, or maintained primarily for the transportation
of property.
(11) 'Special mobile equipment' includes
every vehicle, with or without motive power, not designed or
used primarily for the transportation of persons or pay-load
property and incidentally operated or moved over the highways,
including farm tractors, road construction and maintenance
machinery, ditchdigging apparatus, well-boring apparatus, truck
cranes or mobile shovel cranes, and similar vehicles; this
enumeration is deemed partial and does not operate to exclude
other vehicles which are within the general terms of this
definition.
(12) 'Bus' means every motor vehicle
designed for carrying more than ten passengers and used for the
transportation of persons and every motor vehicle, other than a
taxicab, designed and used for the transportation of persons for
compensation.
(13) 'Trailer' means every vehicle with
or without motive power, other than a pole trailer, designed for
carrying persons or property and for being drawn by a motor
vehicle and constructed so that no part of its weight rests upon
the towing vehicle.
(14) 'Semitrailer' means every vehicle
with or without motive power, other than a pole trailer,
designed for carrying persons or property and for being drawn by
a motor vehicle and constructed so that some part of its weight
and that of its load rests upon or is carried by another
vehicle.
(15) 'Pole trailer' means every vehicle
without motive power designed to be drawn by another vehicle and
attached to the towing vehicle by means of a reach or pole or by
being boomed or otherwise secured to the towing vehicle and
ordinarily used for transporting long or irregularly shaped
loads such as poles, pipes, or structural members capable,
generally, of sustaining themselves as beams between the
supporting connections.
(16) 'Foreign vehicle' means every
vehicle of a type required to be registered brought into this
State from another state, territory, or country other than in
the ordinary course of business by or through a manufacturer or
dealer and not registered in this State.
(17) 'Implement of husbandry' means
every vehicle which is designed for agricultural purposes and
exclusively used by its owner in the conduct of his agricultural
operations.
(18) 'Solid tire' means every tire of
rubber or other resilient material which does not depend upon
compressed air for the support of the load.
(19) 'Gross weight' or 'gross weight
vehicle' means the weight of a vehicle without load plus the
weight of any load on it.
(20) 'Load capacity' means the maximum
weight of the pay load of the property intended to be
transported by a vehicle or combination of vehicles, exclusive
of the weight of the vehicle or vehicles.
(21) 'Owner' means a person who holds
the legal title of a vehicle or, in the event (a) a vehicle is
the subject of an agreement for the conditional sale or lease
with the right of purchase upon performance of the conditions
stated in the agreement and with an immediate right of
possession vested in the conditional vendee or lessee or (b) a
mortgagor of a vehicle is entitled to possession, then the
conditional vendee or lessee or mortgagor is deemed the owner
for the purpose of this chapter.
(22) 'Nonresident' means every
person who is not a resident of this State
Reserved.
(23) 'Dealer' or 'motor vehicle dealer'
means both 'dealer' and 'wholesaler' as defined in Chapter 15 of
this title.
(24) [Deleted]
Reserved.
(25) 'Street' or 'highway' means the
entire width between boundary lines of every way publicly
maintained when any part of it is open to the use of the public
for vehicular travel.
(26) 'Odometer' means an instrument for
measuring and recording the actual distance a motor vehicle
travels while in operation; it does not include an auxiliary
instrument designed to be reset by the operator of the motor
vehicle for the purpose of recording the distance traveled on
trips.
(27) 'Odometer reading' means actual
cumulative distance traveled disclosed on the odometer.
(28) 'Odometer disclosure statement'
means a statement, as prescribed by item (4) of Section
56-3-240, certified by the owner of the motor vehicle to the
transferee or to the Department of Motor Vehicles as to the
odometer reading.
(29) 'Moped' means every cycle
with pedals to permit propulsion by human power and with a motor
of not more than fifty cubic centimeters which produces not to
exceed one and one-half brake horsepower and which is not
capable of propelling the vehicle at a speed in excess of
twenty-five miles per hour on level ground. If an internal
combustion engine is used, the moped must have a power drive
system that functions directly or automatically without
clutching or shifting by the operator after the drive system is
engaged Reserved.
(30) 'Automotive three-wheel vehicle'
means every motor vehicle having no more than three permanent
functional wheels in contact with the ground, having a bench
seat for the use of the operator, and having an automotive type
steering device, but excluding a tractor or motorcycle
three-wheel vehicle.
(31) 'Motorcycle three-wheel
vehicle' means every motor vehicle having no more than three
permanent functional wheels in contact with the ground to
include motorcycles with detachable side cars, having a saddle
type seat for the operator, and having handlebars or a
motorcycle type steering device, but excluding a tractor or
automotive three-wheel vehicle Reserved."
SECTION 13. Section 56-3-200 of the 1976 Code is amended to read:
"Section 56-3-200. Except in the
case of a moped or as otherwise provided for in Chapter 19
of this Title, the department of Motor Vehicles
shall not register or renew the registration of a vehicle unless
a certificate of title has been issued by the department to the
owner or an application therefor has been
delivered by the owner to the department."
SECTION 14. Section 56-3-250 of the 1976 Code is amended to read:
"Section 56-3-250. No vehicle shall
be registered and licensed by the department of Motor
Vehicles unless a signed statement accompanies the
application certifying that all county and municipal taxes
legally due by the applicant on the vehicle concerned have been
paid and if such vehicle is legally subject to being returned by
the applicant for county and municipal taxes such return has
been made; that the applicant is not delinquent in the payment
of any motor vehicle taxes in this State, and that the address
and county shown on the application for license is the true
legal residence of the applicant. A transfer between members of
the same family shall not, for the purpose of this section, be
considered a bona fide purchase. Any person falsely certifying
as required in this section shall have his driver's license
suspended for a period of six months.
The provisions of this section shall not
apply to mopeds or to any citizen of this State on active
duty with the Armed Forces of the United States when the vehicle
to be registered and licensed is operated for more than six
months each year outside the boundaries of this State, nor to
any motor vehicle subject to assessment for ad valorem tax
purposes by the State Tax Commission
Department of Revenue."
SECTION 15. Section 56-3-630 of the 1976 Code, as last amended by Act 398 of 2006, is further amended to read:
"Section 56-3-630. The Department
of Motor Vehicles shall classify as a private passenger motor
vehicle every motor vehicle which is designed, used, and
maintained for the transportation of ten or fewer persons and
trucks having an empty weight of nine thousand pounds or less
and a gross weight of eleven thousand pounds or less, except a
motorcycle, motorcycle three-wheel vehicle, or
motor-driven cycle moped. The department
shall classify a three-wheel vehicle by the
manufacturers statement manufacturer's
certificate of origin for the vehicles initial registration.
For subsequent registration, the department shall classify the
three-wheel vehicle by its title document. This section does not
relieve or negate any applicable fees required under Section
56-3-660."
SECTION 16. Section 56-3-760 of the 1976 Code is amended
to read:
"Section 56-3-760. For every
motorcycle, motorcycle three-wheel vehicle, or
motor-driven cycle moped the biennial
registration fee is ten twenty
dollars."
SECTION 17. Section 56-5-120 of the 1976 Code is amended
to read:
"Section 56-5-120. Every device in, upon or by
which any person or property is or may be transported or drawn
upon a highway, except devices moved by human power or used
exclusively upon stationary rails or tracks, is a
'vehicle' Reserved."
SECTION 18. Section 56-5-130 of the 1976 Code is amended
to read:
"Section 56-5-130. Every vehicle which is
self-propelled, except mopeds, and every vehicle which is
propelled by electric power obtained from overhead trolley
wires, but not operated upon rails, is a "motor
vehicle" Reserved."
SECTION 19. Section 56-5-140 of the 1976 Code is amended
to read:
"Section 56-5-140. Every motor vehicle having no
more than two permanent functional wheels in contact with the
ground or trailer and having a saddle for the use of the rider,
but excluding a tractor, is a "motorcycle"
Reserved."
SECTION 20. Section 56-5-150 of the 1976 Code is amended
to read:
"Section 56-5-150. Every motorcycle, including
every motor scooter, with a motor which produces not to exceed
five horsepower is a "motor-driven cycle"
Reserved."
SECTION 21. Section 56-5-155 of the 1976 Code is amended
to read:
"Section 56-5-155. A motorcycle three-wheel
vehicle means a motor vehicle having no more than three
permanent functional wheels in contact with the ground and
includes motorcycles with detachable side cars, having a saddle
type seat for the operator, and handle bars or a motorcycle type
steering device, but excludes a tractor or automotive
three-wheel vehicle Reserved."
SECTION 22. Section 56-5-165 of the 1976 Code is amended
to read:
"Section 56-5-165. Notwithstanding the
provisions of Section 56-5-160, every cycle with pedals to
permit propulsion by human power or without pedals and with a
motor of not more than fifty cubic centimeters which produces
not to exceed two brake horsepower and which is not capable of
propelling the vehicle at a speed in excess of thirty miles an
hour on level ground is a moped. If an internal combustion
engine is used, the moped must have a power drive system that
functions directly or automatically without clutching or
shifting by the operator after the drive system is
engaged Reserved."
SECTION 23. Section 56-5-361 of the 1976 Code is amended
to read:
"Section 56-5-361. Every motor vehicle except
motorcycles and motor-driven cycles
mopeds, designed for carrying ten passengers or less and
used for the transportation of persons is a 'passenger
car'."
SECTION 24. Section 56-5-410 of the 1976 Code is amended
to read:
"Section 56-5-410. An "owner" is a
person, other than a lienholder, having the property or title to
a vehicle. The term includes a person entitled to the use and
possession of a vehicle subject to a security interest in
another person but excludes a lessee under a lease not intended
as security Reserved."
SECTION 25. Section 56-5-1550 of the 1976 Code is amended
to read:
"Section 56-5-1550. No person shall operate any
motor-driven cycle at any time mentioned in Section 56-5-4450 at
a speed greater than thirty-five miles per hour unless such
motor-driven cycle is equipped with head lamps which are
adequate to reveal a person or vehicle at a distance of three
hundred feet ahead Reserved."
SECTION 26. Section 56-5-1555 of the 1976 Code is amended
to read:
"Section 56-5-1555. No person may operate a
moped at a speed in excess of twenty-five miles an hour. A
person who violates the provisions of this section is guilty of
a misdemeanor and, upon conviction, must be fined not more than
two hundred dollars or imprisoned not more than thirty
days Reserved.
SECTION 27. Section 56-5-4450 of the 1976 Code is amended to read:
"Section 56-5-4450. (A)
Every vehicle upon a street or highway within this State shall
display lighted lamps and illuminating devices, excluding
parking lights, from a half hour after sunset to a half hour
before sunrise, and at any other time when windshield wipers are
in use as a result of rain, sleet, or snow, or when inclement
weather or environmental factors severely reduce the ability to
clearly discern persons and vehicles on the street or highway at
a distance of five hundred feet ahead as required in this
article for different classes of vehicles, subject to exceptions
with respect to parked vehicles as provided in this article;
provided, however, the provisions of this section requiring use
of lights in conjunction with the use of windshield wipers shall
not apply to instances when windshield wipers are used
intermittently in misting rain, sleet, or snow.
Until January 1, 1989, any person
who fails to display the lights of a vehicle he is operating
when lights are required by this section due to inclement
weather or environmental factors may be issued only a warning
ticket. (B) Any person who
violates this section is guilty of a misdemeanor and, upon
conviction, may be fined up to twenty-five dollars."
SECTION 28. Section 56-9-110 of the 1976 Code is amended to read:
"Section 56-9-110. This
chapter shall not apply with respect to any accident or judgment
arising therefrom or violation of the motor vehicle laws of this
State, occurring prior to January 1, 1953.
Reserved."
SECTION 29. Section 56-15-10(a) of the 1976 Code is amended to read:
"(a) 'Motor vehicle', any motor driven vehicle required to be registered under Section 56-3-110. This definition does not include motorcycles or mopeds."
SECTION 30. Section 56-16-10(a) of the 1976 Code is amended to read:
"(a) 'Motorcycle' means
every motor vehicle having a seat or saddle for the use of the
rider and designed to travel on not more than two wheels in
contact with the ground is defined in Section
56-1-10. This section shall chapter
does not apply to bicycles with helper motors or
vehicles defined in Section 56-1-1710."
SECTION 31. Section 56-19-10 of the 1976 Code, as last amended by Act 245 of 2017, is further amended to read:
"Section 56-19-10. For the purposes
of this chapter and Chapter 21 of, Title
16, the following terms are defined as follows:
(1) 'Authorized emergency vehicle' means
vehicles of the fire department, police vehicles, and the
ambulances and emergency vehicles of municipal departments or
public service corporations designated or authorized by the
chief of police or governing body of a municipality.
(2) 'Bicycle' means a device propelled
solely by pedals, operated by one or more persons, and having
two or more wheels, except childrens' tricycles.
(3) 'Bus' means every motor vehicle
designed for carrying more than ten passengers and used for the
transportation of persons and every motor vehicle, other than a
taxicab, designed and used for the transportation of persons for
compensation.
(4) 'Dealer' or 'motor vehicle dealer'
means both 'dealer' and 'wholesaler', as defined in Chapter 15
of this title.
(5) 'Driver' means every person
who drives or is in actual physical control of a
vehicle. Reserved.
(6) 'Essential parts' means all integral
and body parts of a vehicle of a type required to be registered
under this title, the removal, alteration, or substitution of
which would tend to conceal the identity of the vehicle or
substantially alter its appearance, model, type, or mode of
operation.
(7) [Deleted]
Reserved.
(8) 'Farm tractor' means every motor
vehicle designed and used primarily as a farm implement for
drawing plows, mowing machines, and other implements of
husbandry.
(9) 'Foreign vehicle' means every
vehicle of a type required to be registered under this title
brought into this State from another state, territory, or
country, other than in the ordinary course of business by or
through a manufacturer or dealer, and not registered in this
State.
(10) 'House trailer' means:
(a) a trailer or
semitrailer which is designed, constructed, and equipped as a
dwelling place, living abode, or sleeping place, either
permanently or temporarily, and is equipped for use as a
conveyance on streets and highways; or
(b) a trailer or a
semitrailer whose chassis and exterior shell is designed and
constructed for use as a house trailer, as defined in subitem
(a) of this item, but which is used instead permanently or
temporarily for the advertising, sales, display, or promotion of
merchandise or services or for another commercial purpose except
the transportation of property for hire or the transportation of
property for distribution by a private carrier.
(11) 'Identifying number' means the
numbers and letters, if any, on a vehicle designated by the
Department of Motor Vehicles for the purpose of identifying the
vehicle.
(12) 'Implement of husbandry' means
every vehicle, including mobile barns, designed and adapted
exclusively for agricultural, horticultural, or
livestock-raising operations or for lifting or carrying an
implement of husbandry and in either case not subject to
registration if used upon the highways.
(13) 'Lienholder' means a person holding
a security interest in a vehicle.
(14) 'Mail' means to deposit in the
United States mail, properly addressed and with postage prepaid.
(15) 'Manufacturer' means every person
engaged in the business of constructing or assembling vehicles
of a type required to be registered under this title at an
established place of business in this State.
(16) 'Motor vehicle' means every
vehicle which is self- propelled, except mopeds, and every
vehicle which is propelled by electric power obtained from
overhead trolley wires, but not operated upon rails.
Reserved.
(17) 'Motorcycle' means every
motor vehicle having no more than two permanent functional
wheels in contact with the ground or trailer and having a saddle
for the use of the rider, but excluding a tractor.
Reserved.
(18) 'Motor-driven cycle' means
every motorcycle, including every motor scooter with a motor
which produces not to exceed five horsepower.
Reserved.
(19) 'Nonresident' means every
person who is not a resident of this State.
Reserved.
(20) 'Operator' means every
person, other than a chauffeur, who drives or is in actual
physical control of a motor vehicle upon a highway or who is
exercising control over or steering a vehicle being towed by a
motor vehicle. Reserved.
(21) 'Owner' means a person,
other than a lienholder, having the property in or title to a
vehicle. The term includes a person entitled to the use and
possession of a vehicle subject to a security interest in
another person but excludes a lessee under a lease not intended
as security. Reserved.
(22) 'Pole trailer' means every vehicle
without motive power designed to be drawn by another vehicle and
attached to the towing vehicle by means of a reach or pole or by
being boomed or otherwise secured to the towing vehicle and
ordinarily used for transporting long or irregularly shaped
loads such as poles, pipes, or structural members capable,
generally, of sustaining themselves as beams between the
supporting connections.
(23) 'Previously registered vehicle'
means a vehicle registered in this State on January 1, 1958, or
a vehicle whose last registration before that date was in this
State.
(24) 'Reconstructed vehicle' means every
vehicle of a type required to be registered under this title
materially altered from its original construction by the
removal, addition, or substitution of essential parts, new or
used.
(25) 'Registration' means the
registration certificate or certificates and registration plates
issued under the laws of this State pertaining to the
registration of vehicles.
(26) 'Road tractor' means every motor
vehicle designed and used for drawing other vehicles and not
constructed to carry any load on it, either independently or any
part of the weight of a vehicle or load drawn.
(27) 'School bus' means every motor
vehicle owned by a public or governmental agency and operated
for the transportation of children to or from school, or
privately owned and operated for compensation for the
transportation of children to or from school.
(28) 'Security agreement' means a
written agreement which reserves or creates a security interest.
(29) 'Security interest' means an
interest in a vehicle reserved or created by agreement and which
secures payment or performance of an obligation, conditional
sale contract, conditional lease, chattel mortgage, or other
lien or encumbrance, except taxes or attachment liens provided
for in Section 29-15-20. The term includes the interest of a
lessor under a lease intended as security. A security interest
is 'perfected' when it is valid against third parties generally,
subject only to specific statutory exceptions.
(30) 'Semitrailer' means every vehicle
with or without motive power, other than a pole trailer,
designed for carrying persons or property and for being drawn by
a motor vehicle and constructed so that some part of its weight
and that of its load rests upon or is carried by another
vehicle.
(31) 'Special mobile equipment' means
every vehicle not designed or used primarily for the
transportation of persons or property and only incidentally
operated or moved over a highway including, but not limited to:
ditchdigging apparatus, well-boring apparatus, and road
construction and maintenance machinery, such as asphalt
spreaders, bituminous mixers, bucket loaders, tractors other
than truck tractors, ditchers, leveling graders, finishing
machines, motor graders, road rollers, scarifiers, earth-moving
carryalls and scrapers, power shovels and draglines, and
self-propelled cranes and earth-moving equipment. The term does
not include house trailers, dump trucks, truck-mounted transit
mixers, cranes, or shovels, or other vehicles designed for the
transportation of persons or property to which machinery has
been attached.
(32) 'Specifically constructed vehicle'
means every vehicle of a type required to be registered under
this title not originally constructed under a distinctive name,
make, model, or type by a generally recognized manufacturer of
vehicles and not materially altered from its original
construction.
(33) 'Trackless trolley coach' means
every motor vehicle which is propelled by electric power
obtained from overhead trolley wires but not operated upon
rails.
(34) 'Trailer' means every vehicle with
or without motive power, other than a pole trailer, designed for
carrying persons or property and for being drawn by a motor
vehicle and constructed so that no part of its weight rests upon
the towing vehicle.
(35) 'Transporter' means every person
engaged in the business of delivering vehicles of a type
required to be registered under this title from a manufacturing,
assembling, or distributing plant to dealers or sales agents of
a manufacturer.
(36) 'Truck' means every motor vehicle
designed, used, or maintained primarily for the transportation
of property.
(37) 'Truck tractor' means every motor
vehicle designed and used primarily for drawing other vehicles
and not constructed to carry a load other than a part of the
weight of the vehicle and load drawn.
(38) 'Vehicle' means every
device in, upon, or by which a person or property is or may be
transported or drawn upon a highway, excepting devices moved by
human power or used exclusively upon stationary rails or
tracks. Reserved.
(39) 'Mobile home' means every vehicle
which is designed, constructed, and equipped principally as a
permanent dwelling place and is equipped to be moved on streets
and highways, but which exceeds the size limitations prescribed
in Section 56-3-710 and which cannot be licensed and registered
by the Department of Motor Vehicles as a 'house trailer'.
(40) 'Odometer' means an instrument for
measuring and recording the actual distance a motor vehicle
travels while in operation; it does not include an auxiliary
instrument designed to be reset by the operator of the motor
vehicle for the purpose of recording the distance traveled on
trips.
(41) 'Odometer reading' means actual
cumulative distance traveled disclosed on the odometer.
(42) 'Odometer disclosure statement'
means a statement, as prescribed by item (d) of subsection (1)
of Section 56-19-240, certified by the owner of the motor
vehicle to the transferee or to the Department of Motor Vehicles
as to the odometer reading.
(43) 'Moped' means,
notwithstanding item (2), every cycle with pedals to permit
propulsion by human power or without pedals and with a motor of
not more than fifty cubic centimeters which produces not to
exceed two brake horsepower and which is not capable of
propelling the vehicle at a speed in excess of thirty miles an
hour on level ground. If an internal combustion engine is used,
the moped must have a power drive system that functions directly
or automatically without clutching or shifting by the operator
after the drive system is engaged. Reserved.
(44) 'Automotive three-wheel
vehicle' means a motor vehicle having no more than three
permanent functional wheels in contact with the ground, having a
bench seat for the use of the operator, and having an automotive
type steering device, but excluding a tractor and a motorcycle
three-wheel vehicle. Reserved.
(45) 'Motorcycle three-wheel
vehicle' a motor vehicle having no more than three permanent
functional wheels in contact with the ground to include
motorcycles with detachable side cars, having a saddle type seat
for the operator, and handlebars or a motorcycle type steering
device, but excluding a tractor or automotive three-wheel
vehicle. Reserved.
(46) 'Commercial truck' or 'commercial
motor vehicle (CMV)' as defined by the Federal Motor Carrier
Safety Administration (FMCSA) means a motor vehicle or
combination of motor vehicles used in commerce to transport
passengers or property if the motor vehicle:
(a) has a gross
combination weight rating or gross combination weight of 11,794
kilograms or more (26,001 pounds or more), whichever is greater,
inclusive of a towed unit(s) with a gross vehicle weight rating
or gross vehicle weight of more than 4,536 kilograms (10,000
pounds), whichever is greater;
(b) has a gross
vehicle weight rating or gross vehicle weight of 11,794 or more
kilograms (26,001 pounds or more), whichever is greater;
(c) is designed to
transport sixteen or more passengers, including the driver; or
(d) is of any size
and is used in the transportation of hazardous materials as that
term is defined in 49 C.F.R. Section 390.5.
(47) 'Motor home' means a vehicular unit
designed to provide temporary living quarters built into an
integral part of or permanently attached to a self-propelled
motor vehicle chassis or van which unit contains permanently
installed independent life support systems other than low
voltage meeting the American National Standards Institute (ANSI)
A119.2 Standard for Recreational Vehicles and provides at least
four of the following facilities: cooking with onboard power
source; gas or electric refrigerator; toilet with exterior
evacuation; heating or air conditioning with onboard power
source separate from the vehicle engine; a potable water supply
system including a faucet, sink, and water tank with an exterior
service connection; or separate 110-125 volt electric power
supply. For purposes of this definition, a passenger-carrying
automobile, truck, or van without permanently installed
independent life support systems, including at least four of the
indicated facilities, does not constitute a motor home.
(48) 'Permanently installed' means built
into or attached as an integral part of a chassis or van and
designed not to be removed except for repair or replacement. A
system which is readily removable or held in place by clamps or
tie downs is not permanently installed.
(49) 'Low voltage' means twenty-four
volts or less.
(50) 'Special mobile equipment' means
every vehicle, with or without motive power, not designed or
used primarily for the transportation of persons or pay-load
property and incidentally operated or moved over the highways,
including farm tractors, road construction and maintenance
machinery, ditch-digging apparatus, well-boring apparatus, truck
cranes or mobile shovel cranes, and similar vehicles; this
enumeration is deemed partial and does not operate to exclude
other vehicles which are within the general terms of this
definition."
SECTION 32. Section 56-19-220 of the 1976 Code is amended to read:
"Section 56-19-220. No certificate
of title need be obtained for:
(1) A vehicle owned by the United States
unless it is registered in this State;
(2) A vehicle owned by a manufacturer or
dealer and held for sale, even though incidentally moved on the
highway or used for purposes of testing or demonstration, or a
vehicle used by the manufacturer solely for testing;
(3) A vehicle owned by a nonresident of
this State and not required by law to be registered in this
State;
(4) A vehicle regularly engaged in the
interstate transportation of persons or property for which a
currently effective certificate of title has been issued in
another state;
(5) A vehicle moved solely by animal
power;
(6) An implement of husbandry;
(7) Special mobile equipment not
required to be registered and licensed in this State;
(8) A pole trailer; and
(9) Vehicles A
vehicle not required to be licensed and registered in this
State, except mobile homes.;
(10) A vehicle used by its manufacturer
in a benefit program for the manufacturer's
employees.;
(11) A vehicle used by its manufacturer
for testing, distribution, evaluation, and promotion, subject to
the limitation in Section 56-3-2332(B)(2); or
(12) A moped."
SECTION 33. Section 38-77-30(9), (14), and (15) of the
1976 Code is amended to read:
"(9) 'Motor vehicle' means every
self-propelled vehicle which is designed for use upon a highway,
including trailers and semitrailers designed for use with these
vehicles but excepting traction engines, road rollers, farm
trailers, tractor cranes, power shovels and well-drillers, and
every vehicle which is propelled by electric power obtained from
overhead wires but not operated upon rails. Mopeds are
considered to be motor vehicles for the purposes of uninsured
motor vehicle insurance coverage and underinsured motor vehicle
insurance coverage only. For purposes of this chapter, the
term automobile has the same meaning as motor vehicle.
(14) 'Uninsured motor vehicle' means a
motor vehicle as defined in item (9) as to which:
(a) there is not
bodily injury liability insurance and property damage liability
insurance both at least in the amounts specified in Section
38-77-140; or
(b) there is
nominally that insurance, but the insurer writing the same
successfully denies coverage thereunder; or
(c) there was that
insurance, but the insurer who wrote the same is declared
insolvent, or is in delinquency proceedings, suspension, or
receivership, or is proven unable fully to respond to a
judgment; and
(d) there is no
bond or deposit of cash or securities in lieu of the bodily
injury and property damage liability insurance;
(e) the owner of
the motor vehicle has not qualified as a self-insurer in
accordance with the applicable provisions of law.
A motor vehicle is considered uninsured if
the owner or operator is unknown. However, recovery under the
uninsured motorist provision is subject to the conditions set
forth in this chapter.
Any motor vehicle owned by the State or any of its political
subdivisions is considered an uninsured motor vehicle when the
vehicle is operated by a person without proper authorization.
(15) 'Underinsured motor vehicle' means
a motor vehicle as defined in item (9) as to which there
is bodily injury liability insurance or a bond applicable at the
time of the accident in an amount of at least that specified in
Section 38-77-140 and the amount of the insurance or bond is
less than the amount of the insureds' damages."
SECTION 34. Section 56-5-2941(A) of the 1976 Code, as last amended by Act 34 of 2015, is further amended to read:
"(A) The Department of Motor
Vehicles shall require a person who is a resident of this State
and who is convicted of violating the provisions of
Section Sections 56-5-2930, 56-5-2933,
56-5-2945, 56-5-2947 except if the conviction was for Section
56-5-750, or a law of another state that prohibits a person from
driving a motor vehicle while under the influence of alcohol or
other drugs, to have installed on any motor vehicle the person
drives, except a moped, an ignition interlock device
designed to prevent driving of the motor vehicle if the person
has consumed alcoholic beverages. This section does not apply to
a person convicted of a first offense violation of Section
56-5-2930 or 56-5-2933, unless the person submitted to a breath
test pursuant to Section 56-5-2950 and had an alcohol
concentration of fifteen one-hundredths of one percent or more.
The department may waive the requirements of this section if the
department determines that the person has a medical condition
that makes the person incapable of properly operating the
installed device. If the department grants a medical waiver, the
department shall suspend the person's driver's license for the
length of time that the person would have been required to hold
an ignition interlock restricted license. The department may
withdraw the waiver at any time that the department becomes
aware that the person's medical condition has improved to the
extent that the person has become capable of properly operating
an installed device. The department also shall require a person
who has enrolled in the Ignition Interlock Device Program in
lieu of the remainder of a driver's license suspension or denial
of the issuance of a driver's license or permit to have an
ignition interlock device installed on any motor vehicle the
person drives, except a moped.
The length of time that a device is
required to be affixed to a motor vehicle as set forth in
Sections 56-1-286, 56-5-2945, 56-5-2947 except if the conviction
was for Sections 56-5-750, 56-5-2951, and 56-5-2990."
SECTION 35. Article 30, Chapter 5, Title 56 of the 1976 Code is repealed.
SECTION 36. 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 37. This act takes effect eighteen months after approval by the Governor. The provisions of this act amending Section 38-77-30 apply to automobile insurance coverage issued or renewed on or after eighteen months following approval by the Governor.
Renumber sections to conform.
Amend title to conform.