S 0434 General Bill, By G. Smith, Martin and Rankin
 A Bill to amend Chapter 1, Title 56, Code of Laws of South Carolina, 1976, by
 adding Article 15, relating to the licensing of drivers under the age of 18,
 and repealing Sections 56-1-40(1), 56-1-50, and 56-1-180.

   01/31/95  Senate Introduced and read first time SJ-5
   01/31/95  Senate Referred to Committee on Transportation SJ-5

A BILL

TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, RELATING TO THE LICENSING OF DRIVERS UNDER THE AGE OF 18, AND REPEALING SECTIONS 56-1-40(1), 56-1-50, AND 56-1-180.

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

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

"Article 15

Section 56-1-1400. This article is known and may be cited as the Graduated Driver Licensing Act.

Section 56-1-1410. (A) Except as provided in this section, the Department of Motor Vehicles may issue a driver's license to an individual under the age of 18, provided the individual:

(1) is at least 16 years of age;

(2) has satisfactorily completed a mandatory driver's education course through a driver's training program:

(a) licensed pursuant Section 56-23-10, or

(b) established pursuant Section 59-39-310; and

(3) has his application signed pursuant to the requirements of Section 56-1-100.

(B) The individual shall be exempt from required instruction if he has been licensed to drive in another state for a period not less than six months and the exemption is justified by actual driving experience.

(C) The DOT may issue a driver's license at any time to any individual who has been licensed regularly to drive in this state, in another state or country, or by the armed forces of the United States, if the DOT is satisfied that the applicant's experience is sufficient. The DOT may require examination of the applicant's driving.

Section 56-1-1420. (A) The DOT may issue a learner's instructional permit to an individual who:

(1) has reached the age of 15 years, six months; and

(2) has the application signed pursuant to the requirements of Section 56-1-100.

(B) A learner's instructional permit expires 180 days after the date of issuance.

(C) The holder of a learner's instructional permit may drive only while he is accompanied by and under the immediate supervision of an individual who:

(1) is at least 21 years old;

(2) has been licensed for at least three years in this state or in another state; and

(3) unless the vehicle is a motorcycle, is seated beside the holder of the learner's instructional permit.

(D) Any individual who is at least 15 years old may drive a motor vehicle on highways in the state, without obtaining a learner's instructional permit, if:

(1) the individual is enrolled in an approved driver's education course or a licensed driver's school;

(2) the motor vehicle is equipped with a dual brake control and any other required equipment; and

(3) while driving the motor vehicle, the driver is under the control and supervision of either a certified instructor or a qualified student instructor.

Section 56-1-1430. (A) Subject to the provisions of Section 56-1-1410(A), if an applicant for a driver's license is under the age of 18 and is the holder of a learner's instructional permit, the applicant is entitled to receive a provisional driver's license if the applicant:

(1) has possessed a valid learner's instructional permit for at least 30 days immediately prior to the date of the application;

(2) passed the examination provided for in this title;

(3) surrendered the learner's instructional permit issued to him; and

(4) paid the required fee of ten (10) dollars.

(B) A provisional driver's license shall expire upon the licensee's reaching the age of 18 or upon the conversion of the provisional driver's license to a regular driver's license.

(C) The applicant for a provisional driver's license must have his application signed pursuant the provisions set forth in Section 56-1-100. If, while the licensee is still a minor, the DOT receives from the co-signer of the license application of the minor a written request that the license of the minor be suspended, or if the co-signer dies, the DOT shall suspend the license and may not reinstate the license until another qualified adult co-signs pursuant to Section 56-1-100 or the minor becomes an adult.

(D) The provisional driver's license shall be distinguished from a driver's license by a provisional symbol limiting the licensee to driving unsupervised between the hours of 6:00 a.m. and 12:00 midnight. Between the hours of 12:00 midnight and 6:00 a.m., the provisional driver may drive only if he is accompanied by a licensed driver who is at least 21 years old. The restriction may be modified or waived by the administrator if the restricted licensee proves to his satisfaction that the restriction interferes or substantially interferes with:

(1) employment or the opportunity for employment,

(2) travel between the home and work or school, or

(3) travel between home or work and vocational training.

Section 56-1-1440. If the applicant for a driver's license is under the age of 18 and is the holder of a provisional driver's license, the applicant is entitled to receive a driver's license if the applicant:

(A) has possessed a valid provisional driver's license for the 12-month period immediately preceding the date of the application for a driver's license; and

(B) has not been convicted of a traffic violation that was committed during this period and for which points may be assessed under this title, and has completed an approved minimum basic training course.

Section 56-1-1450. (A) Any driver under the age of 21 holding a driver's license, a provisional license, or a learner's instructional permit is prohibited from driving or attempting to drive a motor vehicle with any alcohol concentration as determined by an analysis of the person's blood or breath.

(B) Any driver under the age of 21 in violation of subsection (A) is subject to penalty pursuant to Section 56-5-2990."

SECTION 2. Sections 56-1-40(1), 56-1-50, and 56-1-180 are repealed.

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