H*3622 Session 103 (1979-1980)
H*3622(Rat #0619, Act #0500 of 1980) General Bill, By L.I. Hendricks
A Bill to amend Section 56-5-4070 and 56-5-4140, as amended, and Section
56-5-4160, Code of Laws of South Carolina, 1976, relating to length of motor
vehicles and combinations thereof and the weighing of vehicles and loads
thereon so as to provide load and weight exemptions; to provide that motor
vehicles shall not exceed sixty feet in length; to provide maximum lengths for
trailers and to increase penalties for violations.-at
03/11/80 House Introduced and read first time HJ-1330
03/11/80 House Referred to Committee on Education and Public
Works HJ-1330
03/20/80 House Committee report: Favorable with amendment
Education and Public Works HJ-1620
04/02/80 House OBJECTION HJ-1820
04/10/80 House Special order, set for TUES. APRIL 15, 1980 AT
12:30 P.M. (UNDER H-3809) HJ-2019
04/16/80 House Amended HJ-2131
04/16/80 House Read second time HJ-2146
04/17/80 House Read third time and sent to Senate HJ-2163
04/17/80 Senate Introduced and read first time SJ-10
04/17/80 Senate Referred to Committee on Transportation SJ-10
05/21/80 Senate Committee report: Favorable with amendment
Transportation SJ-13
05/21/80 Senate Read second time SJ-27
05/21/80 Senate Ordered to third reading with notice of
amendments SJ-27
05/22/80 Senate Amended SJ-13
05/22/80 Senate READ THIRD TIME SJ-13
05/22/80 Senate Returned SJ-13
05/29/80 House Debate adjourned HJ-3381
06/03/80 House Senate amendment amended HJ-3469
06/03/80 House Returned HJ-3471
06/03/80 Senate NON CONCUR IN HOUSE AMENDMENT SJ-29
06/04/80 House House insists upon amendment and conference
committee appointed HJ-3604
06/04/80 Senate Conference committee appointed SJ-83
06/05/80 House Free conference powers granted HJ-3612
06/05/80 House Free conference committee appointed HJ-3612
06/05/80 House Free conference report received HJ-3623
06/05/80 House Free conference report adopted HJ-3629
06/05/80 Senate Conference report received SJ-26
06/05/80 Senate Free conference powers granted SJ-26
06/05/80 Senate Free conference committee appointed SJ-26
06/05/80 Senate Free conference report received SJ-27
06/05/80 Senate Free conference report adopted SJ-27
06/05/80 Senate Ordered enrolled for ratification SJ-28
06/05/80 House Ratified R 619 HJ-3676
06/11/80 Signed By Governor
06/11/80 Effective date 06/11/80
06/11/80 Act No. 500
06/24/80 Copies available
(A500, R619, H3622)
AN ACT TO AMEND SECTIONS 56-5-4070 AND 56-5-4140, AS AMENDED, AND SECTION
56-5-4160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTH OF MOTOR
VEHICLES AND COMBINATIONS THEREOF AND THE WEIGHING OF VEHICLES AND LOADS
THEREON, SO AS TO PROVIDE LOAD AND WEIGHT EXEMPTIONS; TO PROVIDE THAT MOTOR
VEHICLES SHALL NOT EXCEED SIXTY FEET IN LENGTH; TO PROVIDE MAXIMUM LENGTHS FOR
TRAILERS AND TO INCREASE PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Limitations on lengths of vehicles
Section 1. Section 56-5-4070 of the 1976 Code, as last amended by Act 411 of
1978, is further amended to read:
"Section 56-5-4070. No motor vehicle shall exceed a length of forty
feet extreme overall dimension, inclusive of front and rear bumpers and load
carried thereon, and any motor vehicle in excess of thirty-five feet shall
have not less than three axles, except buses with two axles approved by the
Department. No combination of vehicles coupled together shall consist of more
than two units, except that a combination of vehicles coupled together or
especially constructed to transport motor vehicles in a truckaway or driveaway
service may tow up to three saddle mounts. No such combination of vehicles
shall exceed a length of sixty feet, inclusive of front and rear bumpers and
load carried thereon unless specially permitted. Any combination of vehicles
and load greater than sixty feet in length shall only be moved on highways
during daylight hours.
Trailers or semitrailers used within such combinations shall not exceed a
length of forty-five feet except that trailers used to transport high volume,
low mass loads of no more than twelve tons shall not exceed a length of
forty-eight feet and auto transporters shall be excluded from trailer
limitations. Any truck-trailer equipment manufactured on or before the
effective date of this act and operating legally on South Carolina highways
may continue to operate within the fifty-five foot length. Compressors and
fuel saving equipment on the front or loading devices on the rear of trailers
or semitrailers shall not be considered when determining their length for
purposes of this section if the overall length limitations of combinations of
vehicles is not exceeded. Any trailer which exceeds the limits of this section
which is licensed in South Carolina and lawfully in use on the effective date
of this act may be used for the life of the equipment if ownership is not
changed and the overall length limitations of combinations of vehicles is not
exceeded."
Exceptions
Section 2. Section 56-5-4140 of the 1976 Code, as last amended by Act 569 of
1976, is further amended by adding at the end:
"(3) Except on the interstate highway system, dump trucks, dump
trailers, concrete mixing trucks, fuel oil trucks, line trucks and trucks
designated and constructed for special type work or use shall not be made to
conform to the axle spacing requirements of this section but such vehicle
shall be limited to a weight of twenty thousand pounds per axle plus scale
tolerances and that the maximum gross weight of such vehicles shall not exceed
the maximum weight allowed by this section for the appropriate number of
axles, irrespective of the distance between axles, plus allowable scale
tolerances.
Except on the interstate highway system, concrete mixing trucks which
operate within fifteen miles of their home base shall not be required to
conform to the requirements of this section but such vehicles shall be limited
to a maximum load of the rated capacity of the concrete mixer, the true gross
load not to exceed sixty-six thousand pounds. All such vehicles shall have at
least three axles, each with brake-equipped wheels."
Weighing vehicles and loads--penalties
Section 3. Section 56-5-4160 of the 1976 Code is amended to read:
"Section 56-5-4160. (a) Any officer or agent of the Department having
reason to believe that the weight of a vehicle and load is unlawful may
require the driver to stop and submit to a weighing of the vehicle and load
either by means of portable or stationary scales and may require that the
vehicle be driven to the nearest public scales. Whenever an officer upon
weighing a vehicle and load determines that the weight is unlawful, he may
require the driver to stop the vehicle in a suitable place and remain standing
until such portion of the load is removed as may be necessary to reduce the
gross weight of the vehicle to the limits permitted under this chapter. All
material so unloaded shall be cared for by the owner or operator of the
vehicle at his own risk.
Any person who operates a vehicle on a public highway whose weight is in
excess of the limits imposed by Sections 56-5-4130 or 56-5-4140 shall be
guilty of a misdemeanor and upon conviction shall be fined not more than one
hundred dollars or imprisoned for not more than thirty days. In determining
whether or not the limits established by Section 56-5-4130 or 56-5-4140 have
been exceeded, all scaled weights of the gross weight of vehicles and
combinations of vehicles shall be deemed to be not closer than ten percent to
the true gross weight, except as otherwise provided in Section 56-5-4140.
(b) The owner of any vehicle found to exceed the limits imposed by Section
56-5-4130 or 56-5-4140 shall pay to the Department for deposit in the state
highway fund for each pound in excess of the gross weight limitation an
assessment based on the following scale:
(1) One cent per pound for the first seven thousand five hundred pounds or
any part thereof.
(2) Two cents per pound for the next three thousand pounds or any part
thereof.
(3) Three cents per pound for the next four thousand five hundred pounds
or any part thereof.
(4) Five cents per pound for each pound in excess of fifteen thousand
pounds.
The assessment may be deposited with the arresting officer or anyone else
the Department may designate. The assessment shall be deposited in full or
other arrangements satisfactory to the Department for payment shall be made
before the operator shall be allowed to move the vehicle. In the event that
there is no conviction the assessment shall be returned to the owner promptly.
The term 'conviction' as used in this section shall also include the entry
of any plea of guilty or nolo contendere and the forfeiture of any bail or
collateral deposited to secure a defendant's presence in court."
Time effective
Section 4. This act shall take effect upon approval by the Governor. |