S 1237 Session 109 (1991-1992)
S 1237 General Bill, By Saleeby, Bryan, H.U. Fielding, R.L. Helmly, D.L. Hinds,
Land, Leatherman, I.E. Lourie, J.A. Martin, M.F. Mullinax, Patterson, T.H. Pope,
N.W. Smith and Thomas
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
59-53-1875 so as to require driver education and training programs and
defensive driving courses in vocational schools; to amend Sections 56-1-30,
56-1-40, 56-1-50, and 56-1-180, relating to the issuance of drivers' licenses,
beginners' permits, and special restricted licenses, so as to increase the age
requirements one year; to amend Sections 56-1-80 and 56-1-390, relating to the
issuance, renewal, and reinstatement of licenses and permits, so as to require
driver education and training program or defensive driving course
certification for certain persons; to amend Section 56-5-6540, relating to the
enforcement and penalties for failing to wear a safety belt, so as to delete
the requirement of another violation of the motor vehicle laws before a
citation may be made for the failure to wear a safety belt; to amend Section
56-23-60, relating to the minimum standards and conditions of operation of
licensed driver training schools, so as to require the schools to follow the
guidelines established by the State Board of Education for driver education
and training programs; and to amend Article 3, Chapter 39, Title 59, relating
to mandatory driver education and training, so as to provide for the programs
to include persons at least sixteen years of age including persons in public
and nonpublic schools and persons not enrolled in schools, require fees for
participants, require students at least sixteen years of age to complete the
program before receiving a driver's license, provide for the State Board of
Education to establish guidelines for the programs, and provide minimum
requirements of the programs.
01/28/92 Senate Introduced and read first time SJ-11
01/28/92 Senate Referred to Committee on Transportation SJ-12
03/10/92 Senate Committee report: Favorable with amendment
Transportation SJ-11
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 10, 1992
S. 1237
Introduced by SENATORS Saleeby, Land, Pope, Mullinax, Lourie,
Thomas, Martin, Patterson, Bryan, Hinds, Nell W. Smith, Leatherman,
Helmly and Fielding
S. Printed 3/10/92--S.
Read the first time January 28, 1992.
THE COMMITTEE ON TRANSPORTATION
To whom was referred a Bill (S. 1237), to amend the Code of Laws
of South Carolina, 1976, by adding Section 59-53-1875 so as to require
driver education and training programs, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
/Amend the bill, as and if amended, SECTION 1, Page 2, line 9 by
inserting after the word /schools/ the words /and technical schools/.
Amend the bill further, as and if amended, SECTION 5, Page 6, by
striking beginning on line 42 and going through Page 7, line 30, and
inserting in lieu thereof the following:
"(D) A person under twenty-one years of age shall
provide certification of completion of a driver education and training
program pursuant to Article 3, Chapter 39 of Title 59, Mandatory Driver
Education and Training, Chapter 23 of Title 56, Driver Training
Schools, or Section 59-53-1875, driver training in vocational schools,
upon application for or reinstatement of a license:
(1) a person who obtains a driver's license for the first time in
South Carolina, except a person who possesses a valid driver's license
issued by another state or territory of the United States or the District of
Columbia;
(2) a person to which the objective standards automobile
insurance rate applies. If a person to which the rate applies is over
twenty-one years of age, he shall provide certification of completion of
a defensive driving course;
(3) a person whose license is suspended or revoked. If a
person whose license is suspended or revoked is over twenty-one years
of age, he shall provide certification of completion of a defensive
driving course.
(E) If a person meets the criteria under subsection (D)(2) or (3)
and presents certification that he previously has completed a driver
education and training program, he shall provide certification of
completion of a defensive driving course."
Amend the bill further, as and if amended, by striking SECTION 8,
Page 9, in its entirety.
Amend the bill further, as and if amended, SECTION 10, Page 10,
by striking Lines 5 through 8 and inserting in lieu thereof:
/students. All Activities and operations of licensed
driver/.
Amend the bill further, as and if amended, SECTION 10, Page 10,
by striking Lines 20 through 35 and inserting in lieu thereof:
Section 59-39-310. (A) The governing board of any
a school district maintaining a secondary school which
includes any grades nine through twelve, inclusive, shall establish
driver education and training programs for students in high school
grades persons at least sixteen years of age. This program must
be open to persons in public and nonpublic schools and persons not
enrolled in schools. Students at least sixteen years of age shall complete
the program before receiving a driver's license and provide certification
of completion to licensing officials of the South Carolina Department of
Highways and Public Transportation. The governing board of a school
district shall charge a fee of twenty-five dollars within the district to
participants in the program.
(B) The twenty-five dollar fee imposed pursuant to this Section
shall be waived by the governing board of a school district for each
student who is eligible to participate in the Free or Reduced Meal
Program pursuant to the provisions of 42 U.S.C. 1773."
Amend the bill further, as and if amended, SECTION 10, Page 11,
Line 19, by inserting after the word /teacher/ the words /unless
otherwise provided for by law/.
Amend the bill further, as and if amended, SECTION 10, Page 11,
Line 35, by
inserting:
"Section 59-39-350. The governing board of a school
district may contract with a driver training school to provide driver
education and training programs. However, all driver education and
training programs provided pursuant to this section must comply with
the guidelines established by the State Board of Education for driver
education and training programs."
Amend title to conform.
Amend Sections to conform./
ISADORE E. LOURIE, for Committee.
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 59-53-1875 SO AS TO REQUIRE DRIVER
EDUCATION AND TRAINING PROGRAMS AND DEFENSIVE
DRIVING COURSES IN VOCATIONAL SCHOOLS; TO AMEND
SECTIONS 56-1-30, 56-1-40, 56-1-50, AND 56-1-180, RELATING TO
THE ISSUANCE OF DRIVERS' LICENSES, BEGINNERS' PERMITS,
AND SPECIAL RESTRICTED LICENSES, SO AS TO INCREASE
THE AGE REQUIREMENTS ONE YEAR; TO AMEND SECTIONS
56-1-80 AND 56-1-390, RELATING TO THE ISSUANCE,
RENEWAL, AND REINSTATEMENT OF LICENSES AND
PERMITS, SO AS TO REQUIRE DRIVER EDUCATION AND
TRAINING PROGRAM OR DEFENSIVE DRIVING COURSE
CERTIFICATION FOR CERTAIN PERSONS; TO AMEND SECTION
56-5-6540, RELATING TO THE ENFORCEMENT AND PENALTIES
FOR FAILING TO WEAR A SAFETY BELT, SO AS TO DELETE
THE REQUIREMENT OF ANOTHER VIOLATION OF THE MOTOR
VEHICLE LAWS BEFORE A CITATION MAY BE MADE FOR THE
FAILURE TO WEAR A SAFETY BELT; TO AMEND SECTION
56-23-60, RELATING TO THE MINIMUM STANDARDS AND
CONDITIONS OF OPERATION OF LICENSED DRIVER TRAINING
SCHOOLS, SO AS TO REQUIRE THE SCHOOLS TO FOLLOW THE
GUIDELINES ESTABLISHED BY THE STATE BOARD OF
EDUCATION FOR DRIVER EDUCATION AND TRAINING
PROGRAMS; AND TO AMEND ARTICLE 3, CHAPTER 39, TITLE
59, RELATING TO MANDATORY DRIVER EDUCATION AND
TRAINING, SO AS TO PROVIDE FOR THE PROGRAMS TO
INCLUDE PERSONS AT LEAST SIXTEEN YEARS OF AGE
INCLUDING PERSONS IN PUBLIC AND NONPUBLIC SCHOOLS
AND PERSONS NOT ENROLLED IN SCHOOLS, REQUIRE FEES
FOR PARTICIPANTS, REQUIRE STUDENTS AT LEAST SIXTEEN
YEARS OF AGE TO COMPLETE THE PROGRAM BEFORE
RECEIVING A DRIVER'S LICENSE, PROVIDE FOR THE STATE
BOARD OF EDUCATION TO ESTABLISH GUIDELINES FOR THE
PROGRAMS, AND PROVIDE THE MINIMUM REQUIREMENTS
OF THE PROGRAMS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 59-53-1875. Vocational schools shall establish
driver education and training programs which meet the guidelines
established by the State Board of Education in Section 59-39-320 and
defensive driving courses."
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:
(1) Any An employee of the United States
Government while operating may operate 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
seventeen 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. However,
but a person may not claim a 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
a nonresidence exemption under this provision who for all other
intents and purposes has or may remove his residence into this
State;.
(3) Any A 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 a 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;
may operate a vehicle.
(4) Any A person operating or driving
implements of husbandry farming equipment
temporarily drawn, propelled, or moved upon a highway.
(5) Any A 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 France 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 nation may drive in this State for four years."
SECTION 3. Section 56-1-40 of the 1976 Code is amended to read:
"Section 56-1-40. The department shall
may not issue any a motor vehicle driver's
license under this article to:
(1) Any a person who is under
sixteen seventeen years of age, except that the
department may issue a beginner's or instruction permit as provided in
Sections Section 56-1-50 and 56-1-60 to
any a person who is at least fifteen
sixteen years of age and except that the department may
issue a special restricted driver's license to any a
person who is at least fifteen years old sixteen years of
age and less than sixteen seventeen years as
provided in Section 56-1-180;
(2) Any a person whose license has been
suspended during such suspension or any person whose license has
been is revoked or suspended or is subject to being
revoked or suspended, except as otherwise provided for in
this article;
(3) Any a person who is an habitual drunkard, an
habitual user of narcotic drugs, or an habitual user of any
other another drug to a degree which renders him incapable
of safely driving a motor vehicle;
(4) Any a person who has previously
has been adjudged to be afflicted with or suffering from
any a mental disability or mental disease and who has
not at the time of application been restored to competency by methods
provided by law;
(5) Any a person who is required by this article
to take an examination, unless such the person shall
have successfully has passed such the
examination;
(6) Any a person who is required under the laws
of this State to deposit furnish proof of financial
responsibility and who has not deposited such furnished
the proof; or
(7) Any other another person who may
must not be issued a license as otherwise provided by the laws
of this State."
SECTION 4. Section 56-1-50 of the 1976 Code is amended to read:
"Section 56-1-50. (A) Any A
person who is at least fifteen sixteen years of age may
apply to the department for a beginner's permit. The department
may, after the applicant has passed successfully
passed all parts of the examination other than the driving test,
may issue to the applicant a beginner's permit which shall
entitle entitles the applicant having such
the permit in his immediate possession to drive a motor vehicle
upon the public highways for a period of not more than six
months. While so driving such 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, and who is
occupying a seat beside the driver, except in the event if
the permittee is operating a motorcycle. Any 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 such the road test. The fee for
every beginner's or renewal permit shall be is two
dollars and shall. The permit must bear thereon
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 shall be is valid until
it has been so signed by the permittee.
(B) Any The following are not required to
obtain a beginner's permit to operate a motor vehicle:
(1) a student regularly enrolled in a high school of this
State which conducts a driver training course shall not be required
to obtain a beginner's permit to operate a motor vehicle while the
student is participating in the driver training course and when
accompanied by a qualified instructor of the driver training
course.;
(2) Also exempted from the requirement of the
beginner's permit are persons enrolled in driver training courses
conducted by driver training schools licensed under Chapter 23 of this
title. Provided, However, that such these persons
shall at all times must be accompanied by an instructor
of the school and 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."
SECTION 5. Section 56-1-80 of the 1976 Code is amended to read:
Section 56-1-80. (A) Every An
application for a driver's license or permit must:
(1) be made upon the form furnished by the department;
(2) be accompanied by the proper fee, and acceptable
proof of date and place of birth;
(3) contain the full name, date of birth, sex, race, and
residence address of the applicant and briefly describe the applicant;
(4) state whether the applicant has been licensed as an
operator or chauffeur and, if so, when and by what state or country;
and
(5) state whether any such the applicant's
license has ever been suspended or revoked or whether an application
has ever been refused and, if so, the date of and reason for such
suspension, revocation, or refusal;
(6) be accompanied by driver education and training
program or defensive driving course certification pursuant to subsection
(D).
(B) Whenever When an application is
received from a person previously licensed in another state, the
department shall request a copy of the applicant's record from
the other state. When received, the record becomes a part of the driver's
record in this State with the same force and effect as though
entered on the operator's record in this State in the original instance.
(C) Every A person who obtains a driver's
license for the first time in South Carolina, and every
a person who renews his driver's license in South Carolina must
be furnished a written request form for completion and verification of
liability insurance coverage. The completed and verified form or an
affidavit prepared by the department that neither he, nor any
a resident relative, owns a motor vehicle subject to the
provisions of this chapter, must be returned to the department within
thirty days from the date the license is issued or renewed. Failure to
return the form or affidavit results in the suspension of the newly issued
or renewed driver's license until a properly executed form or affidavit is
returned to the department.
(D) The following persons shall provide certification of
completion of a driver education and training program pursuant to
Article 3, Chapter 39 of Title 59, Mandatory Driver Education and
Training, Chapter 23 of Title 56, Driver Training Schools, or Section
59-53-1875, driver training in vocational schools, upon application for
or reinstatement of a license:
(1) a person who obtains a driver's license for the first time in
South Carolina, except a person who possesses a valid driver's license
issued by another state or territory of the United States or the District of
Columbia;
(2) a person twenty-one years of age or younger to which the
objective standards automobile insurance rate applies. If a person to
which the rate applies is over twenty-one years of age, he shall provide
certification of completion of a defensive driving course;
(3) a person twenty-one years of age or younger whose license
is suspended or revoked. If a person whose license is suspended or
revoked is over twenty-one years of age, he shall provide certification
of completion of a defensive driving course.
(E) If a person meets the criteria under subsection (D)(2) or (3)
as it applies to a person twenty-one years of age or younger and presents
certification that he previously has completed a driver education and
training program, he shall provide certification of completion of a
defensive driving course."
SECTION 6. Section 56-1-180 of the 1976 Code is amended to read:
"Section 56-1-180. The department may issue a special
restricted driver's license to any a person who is at least
fifteen years old sixteen and less than sixteen
seventeen years old of age, who has
first has acquired a beginner's permit or an instruction permit
and who has successfully has passed such
the road tests or otherwise as the department may in its
discretion prescribe, which. This special restricted
driver's license shall be is valid and lawful only under
the following conditions in the operation of:
(1) In the operation of all type types of
vehicles, except that between the hours of six o'clock
P.M. and six o'clock A.M., the holder of such a
special restricted driver's license must be accompanied by a licensed
adult, twenty-one years of age or more, or accompanied by the holder's
parent or guardian; provided, that commencing on.
However, beginning the day daylight saving time goes into
effect through August thirty-first the holder of such a
this license does not need not to be
so accompanied prior to before eight o'clock
P.M.;
(2) In the operation of farm machinery and equipment,
other than a passenger car, while engaged in agricultural pursuits;
and
(3) In the operation of a motor scooter or light
motor-driven cycle of five-brake horsepower or less."
SECTION 7. Section 56-1-390 of the 1976 Code is amended to read:
"Section 56-1-390. (A) (1) Whenever
When the Department of Highways and Public Transportation
suspends or revokes the license of a person under its lawful authority,
the license remains suspended or revoked and must not be reinstated or
renewed nor may another license be issued to that person until he
also remits to the department a reinstatement fee of thirty dollars
and provides to the department certification of completion of a
driver education and training program or a defensive driving course as
provided in Section 56-1-80.
(B) (2) All Fees collected by the department under
this provision section must be placed in the State
Highway Fund and used by the department for maintenance of state
highways and bridges, except that one dollar of the fees
listed fee in item (1) must be credited to the `Keep South
Carolina Beautiful Fund'. From the `Keep South Carolina Beautiful
Fund', the department must shall expend such
funds as may be necessary to employ, within the department, a
person with training in horticulture to administer a program for
beautifying the rights-of-way along state highways and roads."
SECTION 8. Section 56-5-6540 of the 1976 Code is amended to
read:
"Section 56-5-6540. (A) A person violating the
provisions of this article, upon conviction, must be fined not more
than ten twenty-five dollars, all or part of which may be
suspended. No court costs may be assessed against the person
convicted. No person may be fined more than twenty
fifty dollars for any one incident of one or more
violations of the provisions of this article. No custodial arrest
for a violation of this article may be made, except upon a warrant issued
for failure to appear in court when summoned or for failure to pay an
imposed fine. A conviction for a violation of this article does
not constitute a criminal offense.
(B) A law enforcement officer may not stop a driver for a
violation of this article in the absence of another violation of the motor
vehicle laws except when the stop is made in conjunction with a driver's
license check or registration check conducted at a checkpoint established
to stop all drivers on a certain road for a period of time. A citation for
a violation of this article must not be issued without citing the violation
that initially caused the officer to effect the enforcement stop. (C)
A violation of this article does not constitute negligence per se or
contributory negligence and is not admissible as evidence in a civil
action."
SECTION 9. Section 56-23-60 of the 1976 Code is amended to read:
"Section 56-23-60. The department may establish minimum
standards for the operation of driver training schools authorized to be
licensed under the provisions of this chapter and prescribe
conditions of operation of the schools. The minimum standards must
include, but are not limited to a requirement, the
requirements that driver training schools have or have access to
sufficient facilities and equipment to conduct an eight-hour defensive
driving course for a minimum of ten students and follow the
guidelines established by the State Board of Education for driver
education and training programs in Section 59-39-320. All
Activities and operations of licensed driver training schools are
at all times are subject to inspection or examination by
authorized representatives of the department."
SECTION 10. Article 3, Chapter 39, Title 59 of the 1976 Code is
amended to read:
"Article 3
Mandatory Driver Education and Training
Section 59-39-310. The governing board of any
a school district maintaining a secondary school which
includes any grades nine through twelve, inclusive, shall establish
driver education and training programs for students in high school
grades persons at least sixteen years of age. This program must
be open to persons in public and nonpublic schools and persons not
enrolled in schools. Students at least sixteen years of age shall complete
the program before receiving a driver's license and provide certification
of completion to licensing officials of the South Carolina Department of
Highways and Public Transportation. The governing board of a school
district shall charge a fee of twenty-five dollars within the district to
participants in the program.
Section 59-39-320. The State Board of Education shall promulgate
rules and regulations for to establish guidelines for
driver education and training programs required in Section
59-39-310 establishment by local school districts of approved
driver education and training courses, and when duly promulgated shall
have full force and effect of law. Such regulations shall require
that credit for completion of a driver education training course shall not
be given unless the course shall have included The guidelines
must include, but are not limited to:
(1) the requirements of not less than thirty classroom hours
of instruction in driver education, and not less than six hours of
actual behind-the-wheel driving, and not less than six hours of
instruction on the offense of alcohol or drug-impaired driving;
(2) instrumental standards;
(3) teacher qualifications;
(4) reimbursement procedure.
Section 59-39-330. The rules and regulations of the State Board
of Education and Driver education and training course
shall programs must be under the supervision of a qualified
driver education teacher. Such rules and regulations shall include
instrumental standards, teacher qualifications, reimbursement procedure,
and other requirements which will further implement the purposes and
intent of this article.
Section 59-39-340. The State Board of Education shall allow
to each school district operating a driver education training
program an amount equal to thirty dollars per for
each pupil completing the standard prescribed course in the
its driver education and training program in that school
district during the preceding fiscal year in accordance with the
regulations set forth by the State Board of Education for instructing
pupils in driver education and training."
SECTION 11. This act takes effect January 1, 1993.
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