H*4012(Rat #0512, Act #0425 of 1996)  General Bill, By Townsend, Stille and 
Trotter

Similar(S 762)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 71
 to Chapter 3, Title 56, so as to provide for the issuance of a special license
 plate for forest product haulers; to amend Section 56-3-120, relating to
 exemptions from registering and licensing vehicles, so as to exempt certain
 knuckleboom loaders from registration and licensing; to amend Section
 56-5-765, as amended, relating to the investigation of traffic collisions
 involving a motor vehicle of a law enforcement agency or the Department of
 Public Safety, so as to revise the type of collisions that may be investigated
 and to provide penalties; to amend Section 56-5-4090, as amended, relating to
 the length of load on certain pole trailers and carriers, so as to revise
 restrictions to the hours certain vehicles can travel on the State's highways;
 to amend Section 56-5-4630, relating to the attachment of a lamp or flag on
 loads extending certain lengths beyond the bed or body of a motor vehicle, so
 as to revise the dimensions of the flag that must be attached to the load; and
 to amend Section 58-23-50, relating to certain forms of transportation that
 are exempted from Public Service Commission regulations, so as to revise the
 exemption of transportation of certain items from from Commission regulation;
 by adding Section 56-3-7860 so as to provide for Shriners license plates; to
 require the Department of Transportation to study tolls on Federal Highways;
 and to amend Section 56-3-1820, as amended, relating to National Guard license
 plates, so as to revise the biennial fee.-amended title

   04/12/95  House  Introduced and read first time HJ-18
   04/12/95  House  Referred to Committee on Education and Public
                     Works HJ-19
   04/24/96  House  Committee report: Favorable with amendment
                     Education and Public Works HJ-334
   04/25/96  House  Amended HJ-75
   04/25/96  House  Read second time HJ-76
   04/25/96  House  Unanimous consent for third reading on next
                     legislative day HJ-76
   04/26/96  House  Read third time and sent to Senate HJ-1
   04/29/96  Senate Introduced and read first time SJ-11
   04/29/96  Senate Referred to Committee on Transportation SJ-11
   05/09/96  Senate Recalled from Committee on Transportation SJ-26
   05/15/96  Senate Amended SJ-29
   05/15/96  Senate Read second time SJ-29
   05/15/96  Senate Ordered to third reading with notice of
                     amendments SJ-29
   05/23/96  Senate Amended SJ-101
   05/23/96  Senate Read third time and returned to House with
                     amendments SJ-101
   05/30/96  House  Debate adjourned on amendments HJ-64
   05/30/96  House  Senate amendment amended HJ-130
   05/30/96  House  Returned to Senate with amendments HJ-130
   05/30/96  Senate Concurred in House amendment and enrolled SJ-73
   06/13/96         Ratified R 512
   06/18/96         Signed By Governor
   06/18/96         Effective date 01/01/96 (Upon approval by the
                     Governor, this Act takes effect 01/01/96)
   07/09/96         Copies available
   06/27/96         Act No. 425

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 71 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF A SPECIAL LICENSE PLATE FOR FOREST PRODUCT HAULERS; TO AMEND SECTION 56-3-120, RELATING TO EXEMPTIONS FROM REGISTERING AND LICENSING VEHICLES, SO AS TO EXEMPT CERTAIN KNUCKLEBOOM LOADERS FROM REGISTRATION AND LICENSING; TO AMEND SECTION 56-5-765, AS AMENDED, RELATING TO THE INVESTIGATION OF TRAFFIC COLLISIONS INVOLVING A MOTOR VEHICLE OF A LAW ENFORCEMENT AGENCY OR THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO REVISE THE TYPE OF COLLISIONS THAT MAY BE INVESTIGATED AND TO PROVIDE PENALTIES; TO AMEND SECTION 56-5-4090, AS AMENDED, RELATING TO THE LENGTH OF LOAD ON CERTAIN POLE TRAILERS AND CARRIERS, SO AS TO REVISE RESTRICTIONS TO THE HOURS CERTAIN VEHICLES CAN TRAVEL ON THE STATE'S HIGHWAYS; TO AMEND SECTION 56-5-4630, RELATING TO THE ATTACHMENT OF A LAMP OR FLAG ON LOADS EXTENDING CERTAIN LENGTHS BEYOND THE BED OR BODY OF A MOTOR VEHICLE, SO AS TO REVISE THE DIMENSIONS OF THE FLAG THAT MUST BE ATTACHED TO THE LOAD; TO AMEND SECTION 58-23-50, RELATING TO CERTAIN FORMS OF TRANSPORTATION THAT ARE EXEMPTED FROM PUBLIC SERVICE COMMISSION REGULATIONS, SO AS TO REVISE THE EXEMPTION OF TRANSPORTATION OF CERTAIN ITEMS FROM COMMISSION REGULATION; BY ADDING SECTION 56-3-7860 SO AS TO PROVIDE FOR SHRINERS LICENSE PLATES; TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO STUDY TOLLS ON FEDERAL HIGHWAYS; AND TO AMEND SECTION 56-3-1820, AS AMENDED, RELATING TO NATIONAL GUARD LICENSE PLATES, SO AS TO REVISE THE BIENNIAL FEE.

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

Special license decal

SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 71

Section 56-3-7650. The Department of Public Safety shall issue a special motor vehicle license decal to identify intrastate unmanufactured forest product haulers. A one-time fee for the issuance of this special plate is thirty dollars."

Exemption from registration and licensing

SECTION 2. Section 56-3-120 of the 1976 Code is amended to read:

"Section 56-3-120. The following vehicles are exempt from registration and licensing under this chapter:

(1) a vehicle driven, operated, or moved upon a highway pursuant to the provisions of this chapter relating to nonresidents or under temporary permits issued by the department as authorized;

(2) any implement of husbandry, including a knuckleboom loader mounted on a trailer or straight truck, whether of a type otherwise subject to registration and license which only incidentally is operated or moved upon a highway;

(3) a special mobile equipment vehicle which only occasionally is moved over a highway and special mobile equipment vehicle of the State or its departments, agencies, or political subdivisions; and

(4) a vehicle owned and operated by the government of the United States."

Traffic collision

SECTION 3. Section 56-5-765 of the 1976 Code, as amended by Act 138 of 1995, is further amended to read:

"Section 56-5-765. (A) When a motor vehicle or motorcycle of a law enforcement agency, except a motor vehicle or motorcycle operated by the South Carolina Department of Public Safety, is involved in a traffic collision that results in an injury or a death, or involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved, the State Highway Patrol shall investigate the collision and file a report with findings on whether the agency motor vehicle or motorcycle was operated properly within the guidelines of appropriate statutes and regulations.

(B) When a motor vehicle or motorcycle of the Department of Public Safety is involved in a traffic collision that results in an injury or a death, or involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved, the sheriff of the county in which the collision occurred shall investigate the collision, regardless of whether the collision occurred within an incorporated jurisdiction, and file a report with findings on whether the department's motor vehicle or motorcycle was operated properly within the guidelines of appropriate statutes and regulations.

(C) A law enforcement department or agency may not investigate collisions in which a motor vehicle or an employee of that department or agency is involved that results in an injury or a death, or involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved.

(D) Any person wilfully violating the provisions of subsection (C) shall be subject to punishment as provided in Section 8-1-80, even if the person's authority extends beyond a single election or judicial district."

Length of vehicles and load limitations

SECTION 4. Section 56-5-4090 of the 1976 Code, as last amended by Act 122 of 1991, is further amended to read:

"Section 56-5-4090. (A) The limitations regarding length of vehicles and loads stated in Sections 56-5-4060 and 56-5-4080 do not apply to a load upon a pole trailer, longwood trailer, or self-propelled pole carrier when transporting poles or logs.

(B) During daylight hours only, the limitations regarding length of vehicles and loads stated in Sections 56-5-4060 and 56-5-4080 do not apply to a load upon a pole trailer, longwood trailer, or self-propelled pole carrier when transporting pipes or structural material which cannot be dismembered.

(C) A pole, log, pipe, or other material exceeding eighty feet in length may not be transported unless a permit has been first obtained as authorized in Section 56-5-4170.

(D) The provisions of this section do not apply to a pole trailer or self-propelled pole carrier operated by a utility company when transporting a pole to replace a damaged one."

Lamp or flag on projecting load

SECTION 5. Section 56-5-4630 of the 1976 Code is amended to read:

"Section 56-5-4630. Whenever the load upon a vehicle extends to the rear four feet or more beyond the bed or body of the vehicle there must be displayed at the extreme rear end of the load, at the times specified in Section 56-5-4450, a red light or lantern plainly visible from a distance of at least five hundred feet to the sides and rear. The red light or lantern required under this section is in addition to the red rear light required upon every vehicle. At any other time there must be displayed at the extreme rear end of the load a red flag or cloth not less than twelve inches by twelve inches and hung making the entire area visible to the driver of a vehicle approaching from the rear.

Utility companies when responding to an emergency situation such as caused by storms or accidents are exempt from the provisions of this section."

Nonapplicability

SECTION 6. Section 58-23-50 of the 1976 Code is amended to read:

"Section 58-23-50. (A) Articles 1 to 11 of this chapter do not apply to:

(1) motor vehicles used exclusively for transporting persons to and from schools, Sunday Schools, churches, or religious services, or to or from picnics or upon special prearranged excursions;

(2) the United States mail carriers operating star routes, while engaged solely in carrying mail;

(3) farmers or dairymen hauling dairy or farm products;

(4) persons transporting agricultural livestock and poultry feeds, including ingredients;

(5) other persons engaged in hauling perishable products of the farm or dairy products for hire from the farm to the first market when sold in South Carolina;

(6) lumber haulers engaged in transporting lumber from the forest to shipping points in this State;

(7) haulers engaged in transporting logs, chips, or wood residues which are subject to the South Carolina Unmanufactured Forest Products Trucking Regulations which are promulgated and adopted by the Department of Public Safety's Transport Police Division;

(8) a vehicle engaged in hauling, towing, or transporting wrecked or damaged vehicles;

(9) vehicles used in ridesharing;

(10) single-source lessors of vehicles and drivers who lease the motor vehicles and drivers to uncertificated motor vehicle carriers that conduct transportation of property (other than used household goods) in furtherance of and within the scope of their nontransportation primary enterprises, when the period of the lease is for thirty days or more, the lessee maintains insurance coverage for the protection of the public, a copy of the lease is carried in the motor vehicle during the period of the lease, and there is displayed on both sides of the motor vehicle a placard identifying the lessee.

(B) For the purposes of this section, perishable products of the farm include hay and straw."

Shriners license plate

SECTION 7. Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 76

Section 56-3-7860. The department may issue special motor vehicle license plates to members of the Shriners for private motor vehicles registered in their names. The fee for the issuance of this special plate must be the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the Department of Revenue and Taxation. The department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly every five years. Only one plate may be issued to a Shriner."

Study

SECTION 8. The Department of Transportation is directed to expend funds as necessary to conduct a study of the subject of tolls on federal highways in the State as the federal law allows and shall report its findings to the General Assembly by January 1, 1997.

National Guard license plate

SECTION 9. Section 56-3-1820 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:

"Section 56-3-1820. The special license plates must be of the same size and general design of regular motor vehicle license plates upon which must be imprinted `National Guard' and the figure of the `Minute Man' with numbers the department may determine. Special license plates for retired members of the National Guard must denote the member's retired status in the location and manner determined by the department. The biennial fee for the special license plates is the regular motor vehicle registration fee prescribed by Article 5 of this chapter. The plates must be issued for biennial periods November first to October thirty-first."

Time effective

SECTION 10. Upon approval by the Governor, this act takes effect January 1, 1996.

Approved the 18th day of June, 1996.