H 3923 General Bill, By Rhoad
 A BILL TO AMEND SECTION 56-5-4160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE WEIGHTING OF VEHICLES AND LOADS, EXCESS WEIGHT, AND
 PENALTIES FOR EXCESS WEIGHT, SO AS TO PROVIDE FOR CERTAIN ADDITIONAL WEIGHT
 TOLERANCES OF TRUCKS CARRYING FOREST PRODUCTS AND FOR THE FINES WHICH MAY BE
 IMPOSED FOR WEIGHT VIOLATIONS OF VEHICLES TRANSPORTING FOREST PRODUCTS.

   04/10/97  House  Introduced and read first time HJ-73
   04/10/97  House  Referred to Committee on Education and Public
                     Works HJ-73

TO AMEND SECTION 56-5-4160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WEIGHING OF VEHICLES AND LOADS, EXCESS WEIGHT, AND PENALTIES FOR EXCESS WEIGHT, SO AS TO PROVIDE FOR CERTAIN ADDITIONAL WEIGHT TOLERANCES OF TRUCKS CARRYING FOREST PRODUCTS AND FOR THE FINES WHICH MAY BE IMPOSED FOR WEIGHT VIOLATIONS OF VEHICLES TRANSPORTING FOREST PRODUCTS.

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

SECTION 1. Section 56-5-4160(A) of the 1976 Code, as last amended by Act 164 of 1993, is amended to read:

"(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 axle weight, or gross weight of the vehicle, or both, to the limits permitted under this chapter is removed. All material unloaded must be cared for by the owner or operator of the vehicle at his own risk. In determining whether 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 considered to be not closer than ten percent to the true gross weight and in the case of trucks carrying forest products not closer than twenty-five percent to the true gross weight, except as otherwise provided in Section 56-5-4140."

SECTION 2. Section 56-5-4160(C) of the 1976 Code is amended to read:

"(C) A person who operates a vehicle found to exceed the excess gross weight limitations 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) 501 - 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: 10 cents for each pound

The fine imposed pursuant to items (1), (2), (3), (4), (5), and (6) must be equal to one-half the rate for vehicles transporting raw farm or forest products from the farm or forest to the first market, or by fully enclosed motor vehicles designed specifically for collecting, compacting, and hauling garbage from residences or from garbage dumpsters when operating for those purposes. The fine imposed pursuant to items (1) through (10) must be equal to one-third the rate for vehicles transporting forest products from the forest to the first market.

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."

SECTION 3. This act takes effect upon approval by the Governor.