H 4116 Session 109 (1991-1992)
H 4116 General Bill, By J.G. McAbee, J.R. Shirley, Townsend and D.C. Waldrop
A Bill to amend Section 56-5-4160, Code of Laws of South Carolina, 1976,
relating to penalties for excess truck weights, so as to reduce the penalties
for excess gross weight, reduce the criminal penalty, change a criminal
penalty to a civil penalty, delete exclusive jurisdiction of magistrates'
courts over violations, and to delete the separate uniform citation for size
and weight violations and the notice provisions of the uniform citation.
01/14/92 House Introduced and read first time HJ-187
01/14/92 House Referred to Committee on Education and Public
Works HJ-188
02/18/92 House Tabled in committee
A BILL
TO AMEND SECTION 56-5-4160, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO PENALTIES FOR EXCESS
TRUCK WEIGHTS, SO AS TO REDUCE THE PENALTIES FOR
EXCESS GROSS WEIGHT, REDUCE THE CRIMINAL PENALTY,
CHANGE A CRIMINAL PENALTY TO A CIVIL PENALTY,
DELETE EXCLUSIVE JURISDICTION OF MAGISTRATES'
COURTS OVER VIOLATIONS, AND TO DELETE THE SEPARATE
UNIFORM CITATION FOR SIZE AND WEIGHT VIOLATIONS
AND THE NOTICE PROVISIONS OF THE UNIFORM CITATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-4160 of the 1976 Code is amended to
read:
"Section 56-5-4160. (A) An 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 the portion of the load
necessary to reduce the gross weight of the vehicle to the limits
permitted under this chapter is removed. All material so unloaded must
be cared for by the owner or operator of the vehicle at his own risk.
(B) A person who operates a vehicle on a public highway whose axle
weight or tandem axle weight is in excess of the limits imposed
by Section 56-5-4130 or 56-5-4140 is guilty of a misdemeanor and,
upon conviction, must be fined not more than one hundred dollars or
imprisoned for not more than thirty days, or both.
(C) A person who operates The owner of a vehicle
found to exceed the excess gross weight limitations
limits imposed by Section 56-5-4130 or 56-5-4140 is guilty
of a misdemeanor and, upon conviction, shall pay to the department
a fine based on the following scale:
POUNDS OF EXCESS AMOUNT OF FINE
WEIGHT IN DOLLARS
(1) 500 - 1500 lbs.: $25.00
(2) 1501 - 2500 lbs.: 45.00
(3) 2501 - 3500 lbs.: 60.00
(4) 3501 - 4250 lbs.: 135.00
(5) 4251 - 5250 lbs.: 180.00
(6) 5251 - 6250 lbs.: 300.00
(7) 6250 - 7250 lbs.: 460.00
(8) 7251 - 8250 lbs.: 600.00
(9) 8251 - 10250 lbs.: 700.00
(10) 10251 - lbs. and over: 800.00
If the operator of the vehicle, upon conviction, fails to remit the fine
imposed by this subsection to the department, the owner of the vehicle
is responsible for remitting the fine. The court is prohibited from
suspending any portion of this fine. for deposit in the state
highway and public transportation fund for each pound in excess of the
gross weight limitation an assessment based on the following scale:
(1) one cent a pound for the first seven thousand five hundred
pounds or part thereof.
(2) two cents a pound for the next three thousand pounds or part
thereof.
(3) three cents a pound for the next four thousand five hundred
pounds or part thereof.
(4) five cents a pound for each pound in excess of fifteen
thousand pounds.
The assessment may be deposited with the arresting officer or anyone
else the department designates. The assessment must be deposited in
full or other arrangements satisfactory to the department for payment
must be made before the operator may move the vehicle. If there is no
conviction, the assessment must be returned to the owner promptly.
(D) In determining whether or not the limits established by Section
56-5-4130 or 56-5-4140 have been exceeded, the scaled weights of the
gross weight of vehicles and combinations of vehicles are deemed to be
not closer than ten percent to the true gross weight, except as otherwise
provided in Section 56-5-4140.
(E) Magistrates have jurisdiction of violations of this section. All
monies collected pursuant to Section 56-5-4160 must be forwarded to
the department by the magistrate within forty-five days for deposit in the
state highway fund. Of the monies collected pursuant to subsection (B),
the department shall use this money for upgrading and refurbishing
existing weigh stations, including adequate night lighting for
enforcement activities and any other safety measures that the department
considers necessary. The fine may be deposited with the arresting officer
or anyone else the department may designate. The fine must be
deposited in full or other arrangements satisfactory to the department for
payment must be made before the operator is allowed to move the
vehicle. If there is no conviction, the fine must be returned to the owner
promptly.
(E) `Conviction' as used in this section, also includes the
entry of a plea of guilty or nolo contendere and the forfeiture of bail or
collateral deposited to secure a defendant's presence in court. If the
fine assessment is not paid in full to the department
within forty-five days after conviction, the license and registration of the
vehicle found to exceed the limits imposed by Section 56-5-4130 or
56-5-4140 must be suspended. The owner of the vehicle immediately
shall return the license and registration of the vehicle to the department.
If a person fails to return them as provided in this section, the
department may secure possession of them by a commissioned trooper.
The suspension continues until the fine assessment is
paid in full.
(F) The department shall provide for a separate uniform citation
to be used by the Size and Weight Division. The uniform citation must
be used for all size and weight violations which the Size and Weight
Division primarily is responsible for enforcing.
(G) The issuance of a uniform citation to the operator of a vehicle
for a violation of this section constitutes notice to the owner of the
violation. The uniform citation must include the following language in
bold letters to be printed across the bottom of the citation `THE
ISSUANCE OF SIZE AND WEIGHT UNIFORM CITATION TO THE
OPERATOR OF A VEHICLE CONSTITUTES NOTICE TO THE
OWNER OF A SIZE AND WEIGHT VIOLATION'."
SECTION 2. This act takes effect on the first day of the second month
following approval by the Governor.
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