H*3524(Rat #0606, Act #0486 of 1992)  General Bill, By Kirsh and J.R. Klapman
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 56-5-145 so as to define "three-wheel vehicle"; to amend Section 56-1-10,
 relating to definitions used in the general provisions relating to motor
 vehicles, so as to change the definition of "motorcycle" and add the
 definition of "three-wheel vehicle"; to amend Section 56-1-50, relating to
 beginner's driving permits, so as to reduce from twenty-one to eighteen years
 the age of a licensed driver who must accompany a permittee and establish
 provisions for the accompanying driver when the permittee is driving a
 three-wheel vehicle; to amend Section 56-1-130, relating to a driver's license
 examination, so as to authorize a licensee to operate a three-wheel vehicle
 with a basic driver's license; to amend Section 56-3-20, relating to
 definitions used in the South Carolina Motor Vehicle Registration and
 Licensing Act, so as to redefine "motorcycle" and define "three-wheel
 vehicle"; to amend Section 56-5-140, relating to the definition of
 "motorcycle", so as to redefine it; and to amend Section 56-19-10, relating to
 definitions used in the protection of titles to and interests in motor
 vehicles, so as to redefine the definition of "motorcycle" and define
 "three-wheel vehicle"

   02/14/91  House  Introduced and read first time HJ-3
   02/14/91  House  Referred to Committee on Education and Public
                     Works HJ-4
   05/19/92  House  Recalled from Committee on Education and Public
                     Works HJ-59
   05/27/92  House  Read second time HJ-53
   05/27/92  House  Unanimous consent for third reading on next
                     legislative day HJ-54
   05/28/92  House  Read third time and sent to Senate HJ-19
   06/02/92  Senate Introduced, read first time, placed on calendar
                     without reference SJ-46
   06/03/92  Senate Read second time SJ-75
   06/03/92  Senate Unanimous consent for third reading on next
                     legislative day SJ-75
   06/04/92  Senate Read third time and enrolled SJ-128
   06/04/92         Ratified R 606
   07/01/92         Signed By Governor
   07/01/92         Effective date 07/01/92
   07/01/92         Act No. 486
   07/14/92         Copies available

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-145 SO AS TO DEFINE "THREE-WHEEL VEHICLE"; TO AMEND SECTION 56-1-10, RELATING TO DEFINITIONS USED IN THE GENERAL PROVISIONS RELATING TO MOTOR VEHICLES, SO AS TO CHANGE THE DEFINITION OF "MOTORCYCLE" AND ADD THE DEFINITION OF "THREE-WHEEL VEHICLE"; TO AMEND SECTION 56-1-50, RELATING TO BEGINNER'S DRIVING PERMITS, SO AS TO REDUCE FROM TWENTY-ONE TO EIGHTEEN YEARS THE AGE OF A LICENSED DRIVER WHO MUST ACCOMPANY A PERMITTEE AND ESTABLISH PROVISIONS FOR THE ACCOMPANYING DRIVER WHEN THE PERMITTEE IS DRIVING A THREE-WHEEL VEHICLE; TO AMEND SECTION 56-1-130, RELATING TO A DRIVER'S LICENSE EXAMINATION, SO AS TO AUTHORIZE A LICENSEE TO OPERATE A THREE-WHEEL VEHICLE WITH A BASIC DRIVER'S LICENSE; TO AMEND SECTION 56-3-20, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA MOTOR VEHICLE REGISTRATION AND LICENSING ACT, SO AS TO REDEFINE "MOTORCYCLE" AND DEFINE "THREE-WHEEL VEHICLE"; TO AMEND SECTION 56-5-140, RELATING TO THE DEFINITION OF "MOTORCYCLE", SO AS TO REDEFINE IT; AND TO AMEND SECTION 56-19-10, RELATING TO DEFINITIONS USED IN THE PROTECTION OF TITLES TO AND INTERESTS IN MOTOR VEHICLES, SO AS TO REDEFINE THE DEFINITION OF "MOTORCYCLE" AND DEFINE "THREE-WHEEL VEHICLE".

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

Three-wheel vehicle defined

SECTION 1. The 1976 Code is amended by adding:

"Section 56-5-145. Every motor vehicle having no more than three permanent functional wheels in contact with the ground and having a seat or saddle for the use of the operator, but excluding a tractor, is a three-wheel vehicle."

Motorcycle defined

SECTION 2. Section 56-1-10(8) of the 1976 Code is amended to read:

"(8) `Motorcycle': Every motor vehicle having no more than two permanent functional wheels in contact with the ground or with a detachable side car or trailer and having a saddle for the use of the rider, but excluding a tractor."

Three-wheel vehicle defined

SECTION 3. Section 56-1-10 of the 1976 Code is amended by adding:

"(15) `Three-wheel vehicle': Every motor vehicle having no more than three permanent functional wheels in contact with the ground and having a seat or saddle for the use of the operator, but excluding a tractor."

Beginner's permit

SECTION 4. The first paragraph of Section 56-1-50 of the 1976 Code is amended to read:

"A person who is at least fifteen years of age may apply to the department for a beginner's permit. The department may, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant a beginner's permit which entitles the applicant having the permit in his immediate possession to drive a motor vehicle on the public highways for not more than six months. While driving the permittee must be accompanied by a licensed driver eighteen years of age or older who has had at least one year of driving experience, and who is occupying a seat beside the driver, except in the event the permittee is operating a motorcycle. A three-wheel vehicle requires the accompanying driver to be directly behind the driver or a saddle-type seat or beside the driver on a bench-type seat. A beginner's permit may be renewed or a new permit issued for additional periods of six months, but the department may refuse to renew or issue a new permit where the examining officer has reason to believe that 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 the permit must bear the full name, date of birth, residence address, and a brief description and color photograph of the permittee and either 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. No permit is valid until it has been so signed by the permittee."

Driver's license

SECTION 5. The third paragraph of Section 56-1-130 of the 1976 Code is amended to read:

"A basic driver's license authorizes the licensee to operate motor vehicles, three-wheel vehicles, or combinations of vehicles which do not exceed twenty-four thousand pounds gross vehicle weight; provided, that the driver has successfully demonstrated the ability to exercise ordinary and reasonable control in the operation of a motor vehicle in this category. A basic driver's license also authorizes the licensee to operate farm trucks provided for in Sections 56-3-670, 56-3-680, and 56-3-690 which are used exclusively by the owner for agricultural, horticultural, and dairying operations or livestock and poultry raising."

Motorcycle defined

SECTION 6. Section 56-3-20(3) of the 1976 Code is amended to read:

"(3) `Motorcycle': Every motorcycle having no more than two permanent functional wheels in contact with the ground or with a detachable side car or trailer and having a saddle for the use of the rider, but excluding a tractor;".

Three-wheel vehicle defined

SECTION 7. Section 56-3-20 of the 1976 Code is amended by adding:

"(31) `Three-wheel vehicle': Every motor vehicle having no more than three permanent functional wheels in contact with the ground and having a seat or saddle for the use of the operator, but excluding a tractor."

Motorcycle defined

SECTION 8. 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 with a detachable side car or trailer and having a saddle for the use of the rider, but excluding a tractor, is a `motorcycle'."

Motorcycle defined

SECTION 9. Section 56-19-10(18) of the 1976 Code is amended to read:

"(18) `Motorcycle': Every motor vehicle having no more than two permanent functional wheels in contact with the ground or with a detachable side car or trailer and having a saddle for the use of the rider, but excluding a tractor."

Three-wheel vehicle defined

SECTION 10. Section 56-19-10 of the 1976 Code is amended by adding:

"(45) `Three-wheel vehicle': Every motor vehicle having no more than three permanent functional wheels in contact with the ground and having a seat or saddle for the use of the operator, but excluding a tractor."

Time effective

SECTION 11. This act takes effect upon approval by the Governor.

Approved the 1st day of July, 1992.