H 4060 Session 111 (1995-1996)
H 4060 General Bill, By Wilkins
A Bill to amend Section 56-1-10, as amended, Code of Laws of South Carolina,
1976, relating to definitions for purposes of motor vehicle laws, so as to
provide a definition for "alcohol" and "alcohol concentration"; to amend
Section 56-1-2030, as amended, relating to definitions for purposes of
commercial driver's licenses, so as to eliminate the definition for "alcohol"
and "alcohol concentration"; to amend Section 56-5-2930, relating to the
unlawful use of narcotics, liquor, drugs, or similar substances by a motor
vehicle driver, so as to revise the circumstances upon which a person may not
operate a motor vehicle.
04/12/95 House Introduced and read first time HJ-35
04/12/95 House Referred to Committee on Judiciary HJ-36
A BILL
TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO
DEFINITIONS FOR PURPOSES OF MOTOR VEHICLE LAWS,
SO AS TO PROVIDE A DEFINITION FOR
"ALCOHOL" AND "ALCOHOL
CONCENTRATION"; TO AMEND SECTION 56-1-2030,
AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES
OF COMMERCIAL DRIVER'S LICENSES, SO AS TO
ELIMINATE THE DEFINITION FOR "ALCOHOL"
AND "ALCOHOL CONCENTRATION"; TO AMEND
SECTION 56-5-2930, RELATING TO THE UNLAWFUL USE OF
NARCOTICS, LIQUOR, DRUGS, OR SIMILAR SUBSTANCES
BY A MOTOR VEHICLE DRIVER, SO AS TO REVISE THE
CIRCUMSTANCES UPON WHICH A PERSON MAY NOT
OPERATE A MOTOR VEHICLE.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 56-1-10 of the 1976 Code, as last
amended by Act 181 of 1993, is amended by adding:
"(16) `Alcohol' means a substance containing any form of
alcohol including, but not limited to, ethanol, methanol, propanol,
and other volatile substances including toluene and acetaldehyde.
(17) `Alcohol concentration' means the number of grams of
alcohol for each:
(a) one hundred milliliters of blood;
(b) two hundred ten liters of breath; or
(c) sixty-seven milliliters of urine."
SECTION 2. Section 56-1-2030 of the 1976 Code, as last
amended by Acts 134 and 149 of 1993, is further amended to read:
"Section 56-1-2030. As used in this article:
(1) `Alcohol' means a substance containing any form of
alcohol including, but not limited to, ethanol, methanol, propanol,
and isopropanol.
(2) `Alcohol concentration' means:
(a) the number of grams of alcohol for each one hundred
milliliters of blood; or
(b) as determined by the South Carolina Law Enforcement
Division for other bodily fluids.
(3)(1) `Commercial driver license' means a
license issued in accordance with the requirements of the
Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public
Law 99-570) to an individual which authorizes the individual to
drive a class of commercial motor vehicle.
(4)(2) `Commercial Driver License Information
System' means the information system established pursuant to the
Commercial Motor Vehicle Safety Act of 1986 to serve as a
clearinghouse for locating information related to the licensing and
identification of commercial motor vehicle drivers.
(5)(3) `Commercial driver instruction permit'
means a permit issued pursuant to Section 56-1-2080(D) of this
article.
(6)(4) `Commercial motor vehicle' means a
motor vehicle designed or used to transport passengers or property
if the vehicle:
(a) the vehicle has a gross vehicle weight rating of
twenty-six thousand one or more pounds;
(b) the vehicle is designed to transport sixteen or
more persons, including the driver; or
(c) the vehicle is transporting hazardous materials and
is required to be placarded in accordance with 49 C.F.R. part 172,
subpart F.
(7)(5) `CMVSA' means the Commercial Motor
Vehicle Safety Act of 1986 (Title XII of Public Law 99-570).
(8)(6) `Controlled substance' means a
substance so classified under Section 102(6) of the
Controlled Substances Act (21 U.S.C. 802(6)) listed on Schedules I
through V of 21 C.F.R. part 1308, as revised from time to
time.
(9)(7) `Conviction' means an unvacated
adjudication of guilty, or a determination that a person has violated
or failed to comply with the law in a court of original jurisdiction
or an authorized administrative tribunal, an unvacated forfeiture of
bail or collateral deposited to secure the person's appearance in
court, the payment of a fine or court cost, or violation of a
condition of release without bail, regardless of whether or not the
penalty is rebated, suspended, or probated.
(10)(8) `Disqualification' means a withdrawal of
the privilege to drive a commercial motor vehicle.
(11)(9) `Drive' means to drive, operate, or be in
physical control of a motor vehicle.
(12)(10) `Driver' means a person who drives a
commercial motor vehicle, or who is required to hold a commercial
driver license.
(13)(11) `Driver license' means a license
issued to an individual which authorizes the individual to drive a
motor vehicle.
(14)(12) `Employer' means a person, including
the United States, a state, or a political subdivision of a state who
owns or leases a commercial motor vehicle or assigns a person to
drive a commercial motor vehicle.
(15)(13) `Endorsement' means a special
authorization to drive certain types of vehicles or to transport
certain types of property or a certain number of passengers.
(16)(14) `Felony' means an offense under state
or federal law that is punishable by death or imprisonment for more
than one year.
(17)(15) `Foreign jurisdiction' means a
jurisdiction other than a state of the United States.
(18)(16) `Gross vehicle weight rating' means
the actual weight or the value specified by the manufacturer as the
maximum loaded weight of a single or a combination vehicle or the
registered gross weight, whichever is greater. The gross vehicle
weight rating of a combination vehicle (commonly referred to as the
`gross combination weight rating') is the gross vehicle weight rating
of the power unit plus the gross vehicle weight rating of a towed
unit.
(19)(17) `Hazardous materials' has the
meaning as that found in Section 103 of the Hazardous Materials
Transportation Act (49 U.S.C. 1801, et seq.).
(20)(18) `Motor vehicle' means every
a vehicle which is self-propelled and every
a vehicle which is propelled by electric power obtained
from overhead trolley wires but not operated upon rails, except a
vehicle moved solely by human power and motorized wheelchairs.
(21)(19) `Out of service order' means a
temporary prohibition against driving a commercial motor vehicle.
(22)(20) `Recreational vehicle' means a self-propelled or towed vehicle that is equipped to serve as temporary
living quarters for recreational, camping, or travel purposes and is
used solely as a family/personal conveyance.
(23)(21) `Restriction' means a prohibition
against driving certain types of vehicles or a requirement that the
driver comply with certain conditions when driving a motor vehicle.
(24)(22) `Serious traffic violation' means a
conviction when operating a commercial motor vehicle of:
(a) excessive speeding, involving a single charge for a speed
fifteen miles an hour or more above the speed limit;
(b) reckless driving, including charges of driving a
commercial motor vehicle in a wilful or wanton disregard for the
safety of persons or property;
(c) improper or erratic traffic lane changes;
(d) following the vehicle ahead too closely; or
(e) a violation of a state or local law related to motor vehicle
traffic control, other than a parking violation, arising in connection
with an accident or collision resulting in death or serious bodily
injury to a person.
(25)(23) `State' means a state or territory of
the United States and the District of Columbia and the federal
government and a province or territory of Canada.
(26)(24) `Tank vehicle' means a vehicle that is
designed to transport a liquid or gaseous material within a tank that
either is attached permanently or temporarily to the vehicle and
which has a capacity of one thousand gallons or more.
(27)(25) `United States' means the fifty states
and the District of Columbia.
(28)(26) `Farm related vehicle' means a
vehicle used:
(a) in custom harvester operations,;
(b) in livestock feeding operations,; or
(c) by an agri-chemical business or a company which hauls
agri-chemical products to a farm.
(29)(27) `Seasonal restricted commercial
driver's license' means a commercial driver's license issued under
the authority of the waiver promulgated by the Federal Department
of Transportation (57 Federal Register 13650) by the department to
an individual who has not passed the knowledge or skill test
required of other commercial driver's license holders. This license
authorizes operation of a commercial motor vehicle only on a
seasonal basis, stated on the license, by a seasonal employee of a
custom harvester, livestock feeder, agri-chemical operation and
company hauling agri-chemical products to a farm within one
hundred fifty miles of the place of business."
SECTION 3. Section 56-5-2930 of the 1976 Code is amended
to read:
"Section 56-5-2930. It is unlawful for any
a person who is a habitual user of narcotic drugs or any
person who is under the influence of intoxicating liquors, narcotic
drugs, barbiturates, paraldehydes or drugs, herbs or any other
substance of like character, whether synthetic or natural, to
drive any operate a motor vehicle within this State
while:
(1) the alcohol concentration is ten one-hundredths of one
percent or more;
(2) under the influence of alcohol;
(3) under the influence of another drug or a combination of
other drugs or substances which cause impairment; or
(4) under the combined influence of alcohol or another drug or
drugs, or substances which cause impairment.
For purposes of this section "drug" means illicit or
licit drug, a combination of licit or illicit drugs, a combination of
alcohol and an illicit drug, or a combination of alcohol and a licit
drug."
SECTION 4. This act takes effect upon approval by the
Governor and applies to those violations occurring after the
effective date.
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