H*3384(Rat #0630, Act #0498 of 1992)  General Bill, By R.L. Altman
 A Bill to amend Section 56-5-4150, Code of Laws of South Carolina, 1976,
 relating to vehicle load capacity, so as to delete the requirement of true
 unloaded weight sign on farm trucks and to require truck tractors to comply
 with identification requirements of the Federal Motor Carrier Safety
 regulations; and to amend Section 56-3-2320, as amended, relating to dealer
 tags, so as to provide for dealer tags for heavy duty truck franchises
 regardless of the number of trucks sold in preceding months.-amended title

   01/31/91  House  Introduced and read first time HJ-453
   01/31/91  House  Referred to Committee on Education and Public
                     Works HJ-453
   02/28/91  House  Committee report: Favorable with amendment
                     Education and Public Works HJ-2
   03/05/91  House  Amended HJ-31
   03/05/91  House  Read second time HJ-31
   03/06/91  House  Read third time and sent to Senate HJ-19
   03/07/91  Senate Introduced and read first time SJ-12
   03/07/91  Senate Referred to Committee on Transportation SJ-12
   04/09/91  Senate Committee report: Favorable Transportation SJ-23
   06/02/92  Senate Read second time SJ-59
   06/02/92  Senate Ordered to third reading with notice of
                     amendments SJ-59
   06/03/92  Senate Amended SJ-44
   06/03/92  Senate Read third time and returned to House with
                     amendments SJ-44
   06/04/92  House  Concurred in Senate amendment and enrolled HJ-3
   06/04/92         Ratified R 630
   07/01/92         Signed By Governor
   07/01/92         Effective date 07/01/92
   07/01/92         Act No. 498
   07/14/92         Copies available

AN ACT TO AMEND SECTION 56-5-4150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VEHICLE LOAD CAPACITY, SO AS TO DELETE THE REQUIREMENT OF TRUE UNLOADED WEIGHT SIGN ON FARM TRUCKS AND TO REQUIRE TRUCK TRACTORS TO COMPLY WITH IDENTIFICATION REQUIREMENTS OF THE FEDERAL MOTOR CARRIER SAFETY REGULATIONS; AND TO AMEND SECTION 56-3-2320, AS AMENDED, RELATING TO DEALER TAGS, SO AS TO PROVIDE FOR DEALER TAGS FOR HEAVY DUTY TRUCK FRANCHISES REGARDLESS OF THE NUMBER OF TRUCKS SOLD IN PRECEDING MONTHS.

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

Vehicle load identification

SECTION 1. Section 56-5-4150 of the 1976 Code is amended to read:

"Section 56-5-4150. The department upon registering a vehicle, under the laws of this State, which is designed and used primarily for the transportation of property or for the transportation of ten or more persons, may require information and may make investigation or tests necessary to enable it to determine whether the vehicle may be operated safely upon the highways in accordance with all the provisions of this chapter. The department may register the vehicle for a load capacity which, added to the empty or unloaded weight of the vehicle, will result in a permissible gross weight not exceeding the limitations set forth in this chapter. It is unlawful for a person to operate a vehicle or combination of vehicles with a load capacity in excess of that for which it is registered by the department or in excess of the limitations set forth in this chapter. A person making application for a `farm truck' license shall declare, in the form prescribed by the department, the true unloaded or empty weight of the vehicle.

A private motor truck or truck tractor of more than twenty-six thousand pounds gross weight and a for-hire motor truck or truck tractor must have the name of the registered owner or lessor on the side clearly distinguishable at a distance of fifty feet. These provisions do not apply to two-axle straight trucks hauling raw farm and forestry products. A truck operating pursuant to the federal motor carrier safety regulations may operate with the owner's, lessor's, or lessee's name as required."

Dealer tags for heavy duty truck dealers

SECTION 2. Section 56-3-2320 of the 1976 Code, as last amended by Act 91 of 1991, is further amended by adding at the end of the section:

"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."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 1st day of July, 1992.