H*4761(Rat #0208, Act #0180 of 2012)  General Bill, By Hiott, D.C. Moss, Agnew, 
Skelton, Frye, Spires, Owens, Atwater, Bowen, Gambrell, Corbin, Hardwick, 
Whitmire, Branham, Thayer, Crosby, Allison, Southard, J.R. Smith, Daning, 
Delleney, Harrison, Hayes, Hixon, V.S. Moss, Pitts, Putnam, Taylor, White and 
Loftis
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 56-5-225 SO AS TO DEFINE THE TERM "FARM TRUCK"; BY ADDING SECTION 56-5-363 SO
 AS TO PROVIDE WHICH COMMERCIAL MOTOR VEHICLES AND THEIR DRIVERS MUST MEET THE
 REQUIREMENTS OF THE FEDERAL MOTOR CARRIER SAFETY REGULATIONS; TO AMEND SECTION
 56-3-670, AS AMENDED, RELATING TO FEES FOR FARM TRUCK LICENSES, SO AS TO
 PROVIDE THAT THE DEFINITION OF "FARM TRUCK" DOES NOT INCLUDE CERTAIN VEHICLES
 THAT TRANSPORT HAZARDOUS MATERIALS OR SIXTEEN OR MORE PEOPLE; TO AMEND SECTION
 56-5-4010, RELATING TO SIZE, WEIGHT, AND SPEED LIMITATIONS PLACED ON CERTAIN
 VEHICLES, SO AS TO PROVIDE THAT THE TRANSPORT POLICE DIVISION HAS THE
 EXCLUSIVE AUTHORITY TO ENFORCE THE COMMERCIAL MOTOR VEHICLE CARRIER LAWS WHICH
 INCLUDE FEDERAL MOTOR CARRIER SAFETY REGULATIONS, HAZARDOUS MATERIAL
 REGULATIONS, AND SIZE AND WEIGHT LAWS AND REGULATIONS; AND TO AMEND SECTION
 56-5-4150, RELATING TO THE REGISTRATION OF CERTAIN VEHICLES, SO AS TO PROVIDE
 THAT CERTAIN "FARM TRUCKS" ARE NOT REQUIRED TO HAVE THE NAME OF THE REGISTERED
 OWNER, LESSOR, OR LESSEE MARKED ON THE VEHICLE. - ratified title

   02/09/12  House  Introduced and read first time (House Journal-page 15)
   02/09/12  House  Referred to Committee on Education and Public
                     Works (House Journal-page 15)
   02/09/12         Scrivener's error corrected
   02/17/12         Scrivener's error corrected
   03/21/12  House  Committee report: Favorable with amendment
                     Education and Public Works (House Journal-page 56)
   03/22/12         Scrivener's error corrected
   03/28/12  House  Member(s) request name added as sponsor: Loftis
   03/28/12  House  Amended (House Journal-page 29)
   03/28/12  House  Requests for debate-Rep(s). Loftis, Hamilton,
                     Toole, Atwater, Ballentine, Lowe, Crawford,
                     Chumley, Merrill, Long, Bales and Pitts
                     (House Journal-page 50)
   03/28/12  House  Requests for debate removed-Rep(s). Atwater,
                     Ballentine, Lowe, Crawford, Chumley, Bales,
                     Merrill, Pitts, Loftis and Long
                     (House Journal-page 50)
   03/28/12  House  Read second time (House Journal-page 50)
   03/28/12  House  Roll call Yeas-113  Nays-0 (House Journal-page 76)
   03/29/12  House  Read third time and sent to Senate
                     (House Journal-page 13)
   03/29/12         Scrivener's error corrected
   04/03/12  Senate Introduced and read first time (Senate Journal-page 3)
   04/03/12  Senate Referred to Committee on Transportation
                     (Senate Journal-page 3)
   04/18/12  Senate Committee report: Favorable Transportation
                     (Senate Journal-page 18)
   04/19/12  Senate Read second time (Senate Journal-page 53)
   04/19/12  Senate Roll call Ayes-33  Nays-1 (Senate Journal-page 53)
   04/24/12  Senate Read third time and enrolled (Senate Journal-page 17)
   05/02/12  Senate Reconsider vote whereby read third time and
                     enrolled (Senate Journal-page 3)
   05/08/12  Senate Amended
   05/08/12  Senate Read third time and returned to House with amendments
   05/08/12  Senate Roll call Ayes-38  Nays-0
   05/15/12  House  Concurred in Senate amendment and enrolled
                     (House Journal-page 24)
   05/15/12  House  Roll call Yeas-104  Nays-0 (House Journal-page 25)
   05/23/12         Ratified R 208
   05/25/12         Signed By Governor
   05/31/12         Effective date 05/25/12
   06/01/12         Act No. 180

(A180, R208, H4761)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-225 SO AS TO DEFINE THE TERM "FARM TRUCK"; BY ADDING SECTION 56-5-363 SO AS TO PROVIDE WHICH COMMERCIAL MOTOR VEHICLES AND THEIR DRIVERS MUST MEET THE REQUIREMENTS OF THE FEDERAL MOTOR CARRIER SAFETY REGULATIONS; TO AMEND SECTION 56-3-670, AS AMENDED, RELATING TO FEES FOR FARM TRUCK LICENSES, SO AS TO PROVIDE THAT THE DEFINITION OF "FARM TRUCK" DOES NOT INCLUDE CERTAIN VEHICLES THAT TRANSPORT HAZARDOUS MATERIALS OR SIXTEEN OR MORE PEOPLE; TO AMEND SECTION 56-5-4010, RELATING TO SIZE, WEIGHT, AND SPEED LIMITATIONS PLACED ON CERTAIN VEHICLES, SO AS TO PROVIDE THAT THE TRANSPORT POLICE DIVISION HAS THE EXCLUSIVE AUTHORITY TO ENFORCE THE COMMERCIAL MOTOR VEHICLE CARRIER LAWS WHICH INCLUDE FEDERAL MOTOR CARRIER SAFETY REGULATIONS, HAZARDOUS MATERIAL REGULATIONS, AND SIZE AND WEIGHT LAWS AND REGULATIONS; AND TO AMEND SECTION 56-5-4150, RELATING TO THE REGISTRATION OF CERTAIN VEHICLES, SO AS TO PROVIDE THAT CERTAIN "FARM TRUCKS" ARE NOT REQUIRED TO HAVE THE NAME OF THE REGISTERED OWNER, LESSOR, OR LESSEE MARKED ON THE VEHICLE.

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

Farm truck defined

SECTION    1.    Subarticle 1, Article 3, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-225.    'Farm truck' is defined as a truck used exclusively by the owner for agricultural, horticultural, dairying, livestock, and poultry operations and includes transporting farm processed horticultural products, including soil amendments and mulches owned by the truck's owner or another person, including first market. However, farm trucks with an empty weight of less than twenty-six thousand and one pounds may be used for ordinary domestic purposes and general transportation, but must not be used to transport persons or property for hire. No part of this definition may be interpreted to exempt any commercial motor vehicle less than 26,001 pounds GVW/GVWR/GCW/GCWR from all or part of state laws or regulations applicable to intrastate commerce if the vehicle:

(1)    transports hazardous materials requiring a placard; or

(2)    is designed or used to transport sixteen or more people, including the driver."

Commercial motor vehicle and its driver

SECTION    2.    Subarticle 1, Article 3, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-363.    (A)    Except as otherwise provided by law or through regulations promulgated by the Department of Public Safety, a commercial motor vehicle (CMV) and its driver operating in intrastate commerce with a gross vehicle weight (GVW), gross vehicle weight rating (GVWR), gross combination weight (GCW), and gross combination weight rating (GCWR) equal to or exceeding 26,001 pounds must meet the requirements of the Federal Motor Carrier Safety Regulations, as enforced exclusively by the State Transport Police Division of the Department of Public Safety.

(B)    CMVs operating below 26,001 pounds are exempt from the regulations cited in subsection (A).

(C)    A CMV or its driver is not exempt from the regulations cited in subsection (A) regardless of weight, if the vehicle is:

(1)    designed or used to transport sixteen or more passengers, including the driver; or

(2)    used in the transportation of hazardous materials and is required to be placarded pursuant to 49 C. F. R. part 172, subpart F."

Farm truck defined

SECTION    3.    Section 56-3-670(A) of the 1976 Code, as last amended by Act 398 of 2006, is further amended to read:

"(A)    For the purpose of this section, 'farm truck' is defined as a truck used exclusively by the owner for agricultural, horticultural, dairying, livestock, and poultry operations and includes transporting farm processed horticultural products, including soil amendments and mulches owned by the truck's owner or another person, including first market. However, farm trucks with an empty weight of less than seven thousand five hundred pounds may be used for ordinary domestic purposes and general transportation but must not be used to transport persons or property for hire. No part of this definition may be interpreted to exempt any commercial motor vehicle less than 26,001 pounds GVW/GVWR/GCW/GCWR from all or part of state laws or regulations applicable to intrastate commerce if the vehicle:

(1)    transports hazardous materials requiring a placard; or

(2)    is designed or used to transport sixteen or more people, including the driver."

Transport Police Division of the Department of Public Safety

SECTION    4.    Section 56-5-4010 of the 1976 Code is amended to read:

"Section 56-5-4010.    (A)    It is unlawful for a person to drive or move or for the owner to cause or knowingly to permit to be driven or moved on a highway a vehicle of a size or weight exceeding the limitations stated in this article or otherwise in violation of this article. The maximum size and weight of vehicles herein specified is lawful throughout the State, and local authorities shall have no power or authority to alter these limitations except as express authority may be granted in this article. Provided, that municipalities and their franchisees may operate combinations of vehicles of not more than four units and not more than sixty-five feet in length on city streets within their corporate limits and the operation of these combinations of units is limited to speeds not in excess of twenty miles an hour, and these combination units must be equipped with brakes meeting braking requirements of Section 56-5-4860 and the rear vehicle must be equipped with at least one stoplight.

(B)    The Transport Police Division of the Department of Public Safety has exclusive authority in this State for enforcement of the commercial motor vehicle carrier laws, which include Federal Motor Carrier Safety Regulations, Hazardous Material Regulations, and size and weight laws and regulations."

Registration of a vehicle

SECTION    5.    Section 56-5-4150 of the 1976 Code is amended to read:

"Section 56-5-4150.    (A)    The Department of Motor Vehicles upon registering a vehicle, under the laws of this State, which is designed and used primarily for the transportation of property or for the transportation of ten or more persons, may require information and may make investigation or tests necessary to enable it to determine whether the vehicle may be operated safely upon the highways in accordance with all the provisions of this chapter. The department may register the vehicle for a load capacity which, added to the empty or unloaded weight of the vehicle, will result in a permissible gross weight not exceeding the limitations set forth in this chapter. It is unlawful for a person to operate a vehicle or combination of vehicles with a load capacity in excess of that for which it is registered by the department or in excess of the limitations set forth in this chapter. A person making application for a 'farm truck' license shall declare in the form prescribed by the department the true unloaded or empty weight of the vehicle and shall stencil or mark in a conspicuous place on the left side of the vehicle the true unloaded or empty weight if the unloaded or empty weight is over five thousand pounds. A 'farm truck' operating solely in intrastate commerce and otherwise specified in Section 56-5-225 is not required to have the name of the registered owner, lessor, or lessee stenciled or otherwise marked on the vehicle.

(B)    A private motor truck or truck tractor equal to or exceeding 26,001 pounds gross weight and a for-hire motor truck or truck tractor must have the name of the registered owner or lessor on the side clearly distinguishable at a distance of fifty feet. These provisions do not apply to two-axle straight trucks hauling raw farm and forestry products. Except as provided in subsection (A) concerning certain 'farm trucks', a truck operating pursuant to the federal motor carrier safety regulations must operate with the owner's, lessor's, or lessee's name as required."

Time effective

SECTION    6.    This act takes effect upon approval by the Governor.

Ratified the 23rd day of May, 2012.

Approved the 25th day of May, 2012.