H 4241 Session 110 (1993-1994)
H 4241 General Bill, By M.F. Jaskwhich, Haskins, Stuart, Vaughn and Wilkins
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
56-3-2325 so as to provide penalties for violation of dealer plates; to amend
Section 56-3-2320, as amended, relating to dealer and wholesaler plates, so as
to provide additional restrictions on the issuance of dealer license plates
and prohibit the issuance of wholesaler license plates.
05/26/93 House Introduced and read first time HJ-35
05/26/93 House Referred to Committee on Education and Public
Works HJ-35
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 56-3-2325 SO AS TO PROVIDE PENALTIES
FOR VIOLATION OF DEALER PLATES; TO AMEND SECTION
56-3-2320, AS AMENDED, RELATING TO DEALER AND
WHOLESALER PLATES, SO AS TO PROVIDE ADDITIONAL
RESTRICTIONS ON THE ISSUANCE OF DEALER LICENSE
PLATES AND PROHIBIT THE ISSUANCE OF WHOLESALER
LICENSE PLATES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 56-3-2325. A person who misuses a dealer license
plate issued pursuant to this article must be fined three hundred dollars
or forfeit the dealer license plate, or both."
SECTION 2. Section 56-3-2320 of the 1976 Code, as last amended by
Act 498 of 1992, is further amended to read:
"Section 56-3-2320. (A) Upon application being made
and the required fee being paid to the department, the department
may issue dealer license plates to a duly licensed motor
vehicle dealer or wholesaler, upon application being made and the
required fee being paid to the department, dealer or wholesaler license
plates. The license plates, notwithstanding any provision of this
chapter to the contrary, may be used exclusively on motor vehicles
owned by, or assigned to the dealer or wholesaler
when operated on the highways of this State by the dealer, its
corporate officers, its employees, or a prospective purchaser of the motor
vehicle. A person who operates the vehicle must have a dated
demonstration certificate issued by the dealer in the vehicle at all times.
This certificate must be presented to a law enforcement officer upon
request. The certificate must be approved by the department. The
vehicle must have a sign posted to indicate the vehicle is available for
sale with the price of the vehicle listed. A manufacturer's invoice or
dealer invoice attached to the rear passenger window is sufficient under
this section.
Dealer or wholesaler plates may not be used to operate
wreckers or service vehicles in use by the dealer or
wholesaler, nor to operate vehicles owned by the dealer and
wholesaler that are leased or rented by the public. No dealer or
wholesaler plates may be issued by the department unless the dealer
or wholesaler furnishes proof in a form acceptable to the
department that he has a retail business license as required by Chapter
36 of Title 12 or wholesaler's certificate of exemption from the Tax
Commission and has made at least ten fifty sales of
motor vehicles at retail in the twelve months preceding his
application for a dealer or wholesaler plate. The sales
requirement may be waived by the department if the dealer or
wholesaler has been licensed for less than one year.
The Department shall make a distinction between dealer tags and
wholesaler tags. No A dealer or wholesaler may be
issued more than six plates or the number equal to the
average number of employees of the dealership at a rate of one
for every twenty vehicles sold at retail during the preceding
year, which ever is greater. For good cause shown, the
department in its discretion may issue extra plates. If the dealer has
been licensed less than one year, the department shall issue a number of
license plates based on an estimated number of retail sales for the
coming year. The department may increase or decrease the number of
plates issued based on actual retail sales made.
The cost of each dealer or wholesaler plate issued is
twenty fifty dollars.
Notwithstanding the provisions of this section, a dealer franchised
exclusively for the sale of heavy duty trucks is eligible to obtain dealer
license plates for exclusive use on the heavy duty trucks regardless of
the number of trucks sold by him during the preceding required number
of months. These dealer license plates for trucks must be noted with a
distinct and separate identification and used only on heavy duty
trucks.
(B) For purposes of this section, the testing or demonstration
of a truck as defined in Section 56-3-20(10) includes permitting a
prospective buyer to use the truck for carrying merchandise or cargo for
a period not to exceed three days upon the dealer providing the buyer
with a special demonstration certificate for this purpose. The form and
content of the demonstration certificate must be as prescribed by
regulation of the department which also shall also
provide certificates to dealers upon their request. The original certificate
must be kept by the buyer in the cab of the truck during the three-day
demonstration period, and the dealer shall retain a copy of the certificate
and also shall also mail a copy of the certificate to the
department within twenty-four hours after it is issued to the buyer.
Notwithstanding the provisions of this section, a dealer franchised
exclusively for the sale of heavy duty trucks is eligible to obtain dealer
tags for exclusive use on such heavy duty trucks regardless of the
number of trucks sold by him during the preceding required number of
months. These dealer tags for trucks must be noted with a distinct and
separate identification and used only on heavy duty trucks."
SECTION 3. This act takes effect upon approval by the Governor.
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