H 3488 Session 109 (1991-1992)
H 3488 General Bill, By M.O. Alexander, Alexander, J.J. Bailey, T.M. Burriss,
R.S. Corning, J.L.M. Cromer, J.H. Hodges, J.R. Klapman, Koon, Martin, L.W. Ross,
Sharpe and R. Smith
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
56-5-1255 so as to require a person owning or operating a motor vehicle to
carry proof of his motor vehicle liability insurance, to require the owner or
operator of a motor vehicle involved in an accident to provide other persons
involved with information concerning his proof of insurance, and to provide
penalties for violations; to amend Section 56-5-1270, as amended, relating to
written reports of certain motor vehicle accidents, so as to require written
reports of law enforcement officers investigating accidents to contain
liability insurance information regarding the owners or operators of the
vehicles involved; and to amend Section 56-5-1300, relating to accident report
forms by the Department of Highways and Public Transportation, so as to
provide that reporting forms designated by the Department must include the
liability insurance of the owners or operators of the vehicles involved.
02/12/91 House Introduced and read first time HJ-6
02/12/91 House Referred to Committee on Education and Public
Works HJ-6
02/26/91 House Recalled from Committee on Education and Public
Works HJ-36
02/26/91 House Referred to Committee on Labor, Commerce and
Industry HJ-36
03/26/91 House Tabled in committee
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 56-5-1255 SO AS TO REQUIRE A PERSON
OWNING OR OPERATING A MOTOR VEHICLE TO CARRY
PROOF OF HIS MOTOR VEHICLE LIABILITY INSURANCE, TO
REQUIRE THE OWNER OR OPERATOR OF A MOTOR VEHICLE
INVOLVED IN AN ACCIDENT TO PROVIDE OTHER PERSONS
INVOLVED WITH INFORMATION CONCERNING HIS PROOF OF
INSURANCE, AND TO PROVIDE PENALTIES FOR VIOLATIONS;
TO AMEND SECTION 56-5-1270, AS AMENDED, RELATING TO
WRITTEN REPORTS OF CERTAIN MOTOR VEHICLE
ACCIDENTS, SO AS TO REQUIRE WRITTEN REPORTS OF LAW
ENFORCEMENT OFFICERS INVESTIGATING ACCIDENTS TO
CONTAIN LIABILITY INSURANCE INFORMATION REGARDING
THE OWNERS OR OPERATORS OF THE VEHICLES INVOLVED;
AND TO AMEND SECTION 56-5-1300, RELATING TO ACCIDENT
REPORT FORMS PREPARED BY THE DEPARTMENT OF
HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO
PROVIDE THAT REPORTING FORMS DESIGNATED BY THE
DEPARTMENT MUST INCLUDE THE LIABILITY INSURANCE OF
THE OWNERS OR OPERATORS OF THE VEHICLES INVOLVED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 56-5-1255. A person owning or operating a motor
vehicle registered or subject to registration in this State shall have in his
possession while operating the vehicle verification of liability insurance,
or verification of coverage under a motor vehicle liability insurance
policy, in the amount and under the terms and conditions required by the
laws of this State on the vehicle being operated. At the time of a motor
vehicle accident involving another person or the property of another
person, the owner or operator of the vehicle, in addition to all other
requirements of law, shall provide or furnish the investigating officer
with the information contained on his verification of insurance.
A person who fails to carry the verification of insurance or provide
information of his verification of insurance in the manner required by
this section is guilty of a misdemeanor and, upon conviction, must be
punished by a fine not to exceed two hundred dollars or by
imprisonment not to exceed thirty days."
SECTION 2. Section 56-5-1270 of the 1976 Code, as last amended by
Act 665 of 1988, is further amended to read:
"Section 56-5-1270. The operator or owner of a motor vehicle
involved in an accident resulting in injury to or death of any person or
total property damage to an apparent extent of four hundred dollars or
more which was not investigated by a law enforcement officer, within
fifteen days after the accident, shall forward a written report and
verification of liability insurance coverage of the accident to the
department, the proof and report to be in a manner prescribed by the
department. The completed and verified form must be returned by the
operator or owner to the department within fifteen days from the
accident date. Failure to forward the accident report verified in the
proper manner in respect to liability insurance coverage for the operation
of the vehicle involved in the accident is prima facie evidence that the
vehicle was uninsured.
Every law enforcement officer who, in the regular course of duty,
investigates a motor vehicle accident either at the time of and at the
scene of the accident or after the accident by interviewing participants
or witnesses, within twenty-four hours after completing the
investigation, shall forward a written report of the accident to the
department including the names of interviewed participants and
witnesses, and the liability insurance information of the owner or
operator of the vehicles involved must be furnished each party involved
in the accident by the investigating officer on a form designated by the
department. If a two-wheeled motorized vehicle is involved in the
accident and the operator or a passenger of the vehicle suffers a head
injury, the injury must be indicated on the report."
SECTION 3. Section 56-5-1300 of the 1976 Code is amended to
read:
"Section 56-5-1300. The department shall prepare and upon
request supply to police departments, coroners, sheriffs,
garages, and other suitable agencies or individuals forms for
accident reports required hereunder by law, appropriate
with respect to the persons required to make such these
reports and the purposes to be served. The written reports to be made by
persons involved in accidents and by investigating officers shall call
for must contain sufficiently detailed information to
disclose with reference to a traffic accident the cause, conditions then
existing, and the persons and vehicles involved, and
the liability insurance information of the owner or operator of the
vehicle involved, this liability insurance information to be contained on
this or another form designated by the department. Every accident
report required to be made in writing shall must be
made on the appropriate form approved by the department and
shall contain all of the information required therein
on the form unless not available."
SECTION 4. This act takes effect upon approval by the Governor.
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