H 3087 General Bill, By Harrison, Witherspoon and M.A. Pitts

Similar(S 138, H 3726)
 A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10 SO
 AS TO PROVIDE FOR THE REGISTRATION AND LICENSING OF ALL-TERRAIN VEHICLES.

   12/08/04  House  Prefiled
   12/08/04  House  Referred to Committee on Education and Public Works
   01/11/05  House  Introduced and read first time HJ-76
   01/11/05  House  Referred to Committee on Education and Public
                     Works HJ-76
   01/12/05  House  Member(s) request name added as sponsor: M.A.Pitts

TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10 SO AS TO PROVIDE FOR THE REGISTRATION AND LICENSING OF ALL-TERRAIN VEHICLES.

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

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

Section 56-3-1420.    As used in this article 'all-terrain vehicle' or 'ATV' means a motorized vehicle measuring fifty inches or less in width, having a dry weight of six hundred pounds or less, designed primarily for recreational nonhighway travel, traveling on three or more low pressure tires, having a seat designed to be straddled by the operator, and having handlebars for steering control.

Section 56-3-1425.    An owner of an ATV shall make application to the Department of Motor Vehicles for a title for the vehicle accompanied by the required fee and upon the appropriate form prescribed and furnished by the department. The application must be accompanied by an affidavit affirming ownership of the ATV as provided by this section or a bill of sale from the place of business where the ATV was purchased.

Section 56-3-1430.    When a person who is not a licensed ATV dealer receives by purchase, gift, trade, or by another means a vehicle which was registered in this State, the person who receives the vehicle shall within forty-five days after the transfer of ownership, make application to the department accompanied by the required fee for registration and an affidavit affirming ownership of the ATV, or a bill of sale from the place of business where the ATV was purchased. The department shall issue a certificate of registration once it has received a properly completed application. An owner of an ATV, before the enactment of this article, who cannot provide proof of ownership, must request an affidavit from the sheriff in the county in which he resides. The affidavit shall state that the sheriff finds the person making application for the title is the legal owner of the ATV. Before issuing the affidavit, the sheriff must verify through the National Crime Information Center that the ATV is not stolen. The department shall issue a title and certificate of registration to the owner upon presentation of the affidavit.

Section 56-3-1435.    The title fee for an ATV is contained in Section 56-19-420. An ATV is exempt from city and county property taxes."

SECTION    2.    This act takes effect upon approval by the Governor.