H*2043(Rat #0039, Act #0026 of 1985)  General Bill, By J.I. Rogers
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 12
 to Chapter 23 of Title 58, so as to require all motor carriers, except those
 engaged in transporting farm products or forest products from farm to first
 market, to comply with safety requirements of the South Carolina Public
 Service Commission; and to amend Section 58-23-80, as amended, so as to add
 the Article to the penalty provisions for motor vehicle carriers
 violations.-amended title

   12/10/84  House  Prefiled
   12/10/84  House  Referred to Committee on Judiciary
   01/08/85  House  Introduced and read first time HJ-156
   01/08/85  House  Referred to Committee on Judiciary HJ-156
   01/24/85  House  Committee report: Favorable Judiciary HJ-395
   01/29/85  House  Amended HJ-430
   01/29/85  House  Read second time HJ-431
   01/30/85  House  Read third time and sent to Senate HJ-449
   01/31/85  Senate Introduced and read first time SJ-309
   01/31/85  Senate Referred to Committee on Judiciary SJ-309
   02/05/85  Senate Recalled from Committee on Judiciary SJ-345
   02/05/85  Senate Referred to Committee on Transportation SJ-345
   02/26/85  Senate Committee report: Favorable Transportation SJ-654
   02/27/85  Senate Read second time SJ-680
   03/05/85  Senate Debate adjourned SJ-747
   03/06/85  Senate Debate interrupted SJ-771
   03/07/85  Senate Read third time and enrolled SJ-782
   03/13/85         Ratified R 39
   03/19/85         Signed By Governor
   03/19/85         Effective date 03/19/85
   03/19/85         Act No. 26
   03/26/85         Copies available

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 23 OF TITLE 58, SO AS TO REQUIRE ALL MOTOR CARRIERS, EXCEPT THOSE ENGAGED IN TRANSPORTING FARM PRODUCTS OR FOREST PRODUCTS FROM FARM TO FIRST MARKET, TO COMPLY WITH SAFETY REQUIREMENTS OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION; AND TO AMEND SECTION 58-23-80, AS AMENDED, SO AS TO ADD THE ARTICLE TO THE PENALTY PROVISIONS FOR MOTOR VEHICLE CARRIERS VIOLATIONS.

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

Definitions, requirements

SECTION 1. The 1976 Code is amended by adding to Chapter 23 of Title 58:

"ARTICLE 12

Section 58-23-1110. As used in this article:

(1) The term 'corporation' means a corporation, company, association, or joint stock association;

(2) The term 'person' means an individual, a firm, or a partnership;

(3) The term 'Commission' means the Public Service Commission of South Carolina;

(4) The term 'private carrier' means every corporation, or person, their lessees, trustees, or receivers, owning, controlling, operating, or managing any motor propelled vehicle used in transporting persons or property over any improved public highway in this State, which private carriers are not included in the term motor vehicle carrier as defined in Section 58-23-10.

(5) The term 'motor carrier' means every corporation or person, their lessees, trustees, or receivers, owning, controlling, operating, or managing any motor propelled vehicle used in transporting persons or property over any improved public highway in this State, whether or not for compensation, as defined by Section 58-23-30 and includes, but is not limited to, motor vehicle carriers as defined in Section 58-23-10 and private carriers;

(6) The term 'trailer' means a vehicle equipped to carry a load and which is attached to and drawn by a motor vehicle. Trailers are classed as motor vehicles and subject to the provisions of this article;

(7) The term 'improved public highway' means every improved public highway in this State which is or may hereafter be declared to be a part of the State Highway System or any county highway system or a street of any city or town.

Section 58-23-1120. Each motor carrier must comply with all orders and regulations prescribed by the Public Service Commission in relation to safety of equipment and operation including, but not limited to, the transportation of hazardous materials and hazardous waste.

Section 58-23-1130. The Commission may make those regulations not inconsistent with law as may be proper in the exercise of its powers or

for the performance of its duties under this article.

Section 58-23-1140. The Public Service Commission has no jurisdiction for safety purposes over persons engaged in transporting farm products or forest products from the farm to the first market."

Penalties

SECTION 2. Section 58-23-80 of the 1976 Code, as last amended by Act 371 of 1982, is further amended to read:

"Section 58-23-80. Every officer, agent, or employee of any corporation and every other person who wilfully violates or fails to comply with, or who procures, aids, or abets in the violation of, any provision of Articles 1 through 12 of this chapter or who fails to obey, observe, or comply with any lawful order, decision, regulation, direction, demand, or requirement of the Commission or any part or provision thereof is guilty of a misdemeanor and upon conviction must be fined not less than twenty-five dollars nor more than one hundred dollars or imprisoned for not less than ten days nor more than thirty days. Any officer, agent, or employee of a corporation or any other person who violates or who aids and abets in the violation of the provisions of Section 58-23-40 is guilty of a misdemeanor and upon conviction must be fined not less than one hundred dollars for a first offense, not less than five hundred dollars for a second offense, and for third and subsequent offenses not less than one thousand dollars or imprisoned for a term not to exceed thirty days, or both. No violation may be charged more than once for any single given load."

Time effective

SECTION 3. This act shall take effect upon approval by the Governor.