S*704 Session 107 (1987-1988)
S*0704(Rat #0603, Act #0532 of 1988) General Bill, By I.E. Lourie, Branton,
Giese, Land, Leatherman, W.R. Lee, J.C. Lindsay, J.M. Long, McConnell, Thomas and
Wilson
Similar(H 2954)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
56-1-185 so as to provide that any person while operating a motor vehicle
under a special restricted driver's license who is convicted of a
point-assessable traffic offense or involved in an accident in which he was at
fault shall have the removal of the restrictions postponed for a certain
period during which the licensee must be free of any traffic convictions; to
amend Section 56-1-440, relating to penalties for driving without a license,
so as to change the monetary penalty for a first offense from a fine of not
less than twenty-five dollars nor more than fifty dollars to a fine of not
less than fifty dollars nor more than one hundred dollars, to provide that for
a second offense the penalty is a fine of five hundred dollars or imprisonment
for forty-five days, or both, and to provide that for a third and subsequent
offense the penalty is imprisonment for not less than forty-five days nor more
than six months; to amend Section 56-1-1030, relating to the requirement that
conviction records of habitual offenders be submitted to the solicitor or
Attorney General, so as to provide, among other things, that when any person
is convicted of one or more certain offenses listed in Section 56-1-1020, the
Department of Highways and Public Transportation must review its records for
that person, with possible institution of agency proceedings, to revoke or
suspend the person's driver's license; to amend Section 56-1-1090, relating to
the provision that habitual offenders may not be issued a driver's license, so
as to, among other things, provide that the period of nonissuance for an
habitual offender and prohibition to operate a motor vehicle in this State for
a nonresident habitual offender is for a period of five years from the date of
a final decision by the Department that a person is an habitual offender and
if upon appeal the finding is sustained by a court, rather than for five years
from the date of the order of the court finding the person to be an habitual
offender, and to transfer certain duties and powers from the court to the
Department; to amend Section 56-1-1100, relating to habitual offenders and
penalties, so as to, among other things, transfer certain duties and powers
from the court to the Department, and to delete certain provisions; to amend
Section 56-1-720, relating to the point system and the schedule of points for
violations, so as to make certain changes with respect to the violation of
driving too fast for conditions or speeding, and to add the violation of
improper backing; to amend Section 56-5-1520, as amended, relating to general
rules as to maximum speed limits, so as to, among other things, change the
various penalties imposed, provide that five dollars of certain fines listed
in this Section must be credited to the State Highway Fund, and provide that,
in expending the funds credited to the State Highway Fund under part of this
Section, the Department first shall consider the need for additional highway
patrolmen; to amend Section 56-5-2940, relating to the penalty for DUI, so as
to, among other things, provide for a fine of not less than two thousand
dollars nor more than five thousand dollars for a second offense, rather than
a fine of not less than one thousand dollars, provide that this fine may not
be suspended in an amount less than one thousand dollars and of that amount
two hundred fifty dollars must be remitted to the Victim's Compensation Fund,
change the fine for a third offense, provide for a penalty of imprisonment for
not less than one year nor more than five years for a fourth or subsequent
offense, and provide that only those offenses which occurred within a period
of ten, rather than five, years including and immediately preceding the date
of the last offense shall constitute prior offenses within the meaning of this
Section; to amend Section 56-5-4100, relating to spilling loads on highways,
so as to provide, among other things, that trucks, trailers, or other
vehicles, when loaded with certain items which could blow, leak, sift, or
drop, must not be driven or moved on any highway except under certain
conditions, that the loader of the vehicle and the driver shall sweep or
otherwise remove any loose gravel or similar material from the running boards,
fenders, bumpers, or other similar exterior portions of the vehicle before it
is moved on a public highway, and that any person who violates certain
provisions of this Section is guilty of a misdemeanor and, upon conviction,
must be fined one hundred dollars; to amend Section 56-5-4450, relating to the
times when vehicles must be equipped with lights, so as to provide, among
other things, that every vehicle upon a street or highway, rather than just a
highway, shall display lighted lamps and illuminating devices, excluding
parking lights, from a half hour after sunset to a half hour before sunrise
and at any other time when windshield wipers are in use as a result of rain,
sleet, or snow or when inclement weather or environmental factors severely
reduce the ability to clearly discern persons and vehicles, that a warning
ticket may be issued under certain circumstances, and that a violation of this
Section is a misdemeanor carrying a fine up to twenty-five dollars; to amend
Section 56-5-5015, relating to the requirement that glass on motor vehicles is
to be transparent from both sides, so as to, among other things, provide that
no person may operate a motor vehicle that is required to be registered in
this State on any public highway, road or street that has a sunscreen device
on the windshield, the front side wings, and side windows adjacent to the
right and left of the driver and windows to the rear of the driver that do not
meet the requirements of this Section, and to make it a misdemeanor offense to
violate the provisions of this Section and provide penalties; to provide that
Section 56-5-5015 applies to all vehicles manufactured after the effective
date of this Act and that Section 56-5-5015 applies to all other vehicles
three years from the effective date of this Act; to amend Section 56-5-750,
relating to failure to stop motor vehicle when signaled by a law enforcement
vehicle, so as to provide, among other things, that any motorist who wilfully
fails to stop when signaled by law enforcement officer shall have his license
suspended for at least thirty days; to amend Section 59-67-420, relating to
the extent of transportation to be provided for students to or from school, so
as to, among other things, provide that, in its application, a local school
district shall assign priority to its requests for transportation on the basis
of children's ages, with the youngest children subject to hazardous conditions
receiving the highest priorities; to amend Section 56-5-6410, relating to age
as the basis for the required use of restraining system, so as to change the
age basis, and to provide that any child four until six years of age when
transported in the front seat must be secured by a safety belt provided in the
motor vehicle; to amend Section 56-5-6420, relating to transportation of
children with insufficient number of restraint devices, so as to provide that
if all the seating positions with restraint devices are occupied by children
under the age of six years, rather than age three and under, a child may be
transported and driver is not in violation of the law but that priority must
be given to children under the age of six years, rather than age three and
under, according to their ages; to amend Section 56-5-6430, relating to the
provisions that the use of a vehicle restraint device is not required under
certain circumstances, so as to provide that alternate restraint protection,
such as safety belts, rather than "the vehicle safety belt", must be utilized
if possible under certain circumstances; to amend the 1976 Code by adding
Section 56-5-6445 so as to provide that the provisions of Article 47, Chapter
5, Title 56 ("Child Passenger Restraint System") apply to all motor vehicles
equipped with safety belts; to amend Section 56-9-340, relating to surrender
of driver's license and vehicle registration and failure to surrender, so as
to change the penalty for wilfully failing to return a license or registration
as required in this Section, provide penalties for a second offense and for a
third and subsequent offense, and provide that only convictions which occurred
within five years including and immediately preceding the date of the last
conviction constitute prior convictions within the meaning of this Section; to
amend Section 56-10-240, relating to the requirement that, upon loss of
insurance, the insured shall obtain new insurance or surrender vehicle
registration and plates, written notice by the insurer, suspension of
registration and plates, appeal of suspension, enforcement, and penalties, so
as to change the penalty for wilfully failing to return motor vehicle license
plates and registration certificates as required in this Section, provide
penalties for a second offense and for a third and subsequent offense, and
provide that only convictions which occurred within five years including and
immediately preceding the date of the last conviction constitute prior
convictions within the meaning of this Section; to amend Section 56-10-260,
relating to false certificate or false evidence of motor vehicle insurance and
penalties, so as to change the penalty for knowingly making a false
certificate as to whether a motor vehicle is an insured motor vehicle or
presenting to the Department false evidence that any motor vehicle sought to
be registered is insured, provide penalties for a second offense and for a
third and subsequent offense, and provide that only convictions which occurred
within five years including and immediately preceding the date of the last
conviction constitute prior convictions within the meaning of this Section; to
amend Section 56-10-270, relating to the operation of an uninsured motor
vehicle and penalties, so as to change the penalty for knowingly operating an
uninsured motor vehicle subject to registration in this State or knowingly
allowing the operation of an uninsured motor vehicle subject to registration
in this State, provide penalties for a second offense and for a third and
subsequent offense, provide that only convictions which occurred within five
years including and immediately preceding the date of the last conviction
constitute prior convictions within the meaning of this Section, and provide
that any person whose license plates and registration certificates which are
suspended under this Section, which are not suspended for any other reason,
may have them immediately restored if he files proof of financial
responsibility with the Department; to amend Section 56-10-250, relating to
the provision making it unlawful to sell a motor vehicle with suspended
registration and license plates to a family member, so as to change the
penalty for a vehicle owner selling or otherwise disposing of any motor
vehicle for which the registration and license plates have been suspended to
any member of his family residing in the same household, provide penalties for
a second offense and for a third and subsequent offense, and provide that only
convictions which occurred within five years including and immediately
preceding the date of the last conviction constitute prior convictions within
the meaning of this Section; to amend the 1976 Code by adding Section
56-5-2775 so as to provide that the driver of any vehicle violating certain
provisions of Section 56-5-2770 is guilty of a misdemeanor, and to provide a
penalty; to amend the 1976 Code by adding Section 56-5-6240 so as to provide,
among other things, for the forfeiture and confiscation of a motor vehicle
under certain circumstances and conditions and the disbursement and use of the
proceeds following the sale of such a vehicle; to amend the 1976 Code by
adding Section 56-5-6250 so as to provide that when an arrest is made under
the provisions of Chapter 5 of Title 56, the arresting officer must make every
effort to determine prior convictions under the Chapter, and provide that in
no instance is sentence to be imposed on a defendant until the court is
satisfied prior convictions are properly considered as a part of the sentence;
to amend Section 56-5-2990, relating to the suspension of the license of a
convicted driver, and the period of suspension, so as to provide that only
those violations which occurred within ten years, rather than five years,
including and immediately preceding the date of the last violation constitute
prior violations within the meaning of this Section, provide that any person
whose license is revoked following conviction for a fifth offense as provided
in this Section is forever barred from being issued any license by the
Department to operate a motor vehicle, and delete certain provisions; to amend
the 1976 Code by adding Section 56-1-135 so as to provide, among other things,
that any person designated to drive a motor vehicle whose primary purpose is
the extinguishment of a fire, including volunteer firemen, may have a special
endorsement affixed to his driver's license which authorizes him to drive the
motor vehicle, that every political subdivision employing law enforcement
officers must designate one officer as its safety officer, and that the agency
or department who operates the motor vehicle shall keep the list of designated
drivers current; to amend the 1976 Code by adding Section 56-1-365 so as to,
among other things, provide that any person who forfeits bail posted for, is
convicted of, or pleads guilty or nolo contendere in general sessions,
municipal, or magistrate's court to an offense which as part of the punishment
to be imposed requires that his driver's license be revoked or suspended shall
surrender immediately or cause to be surrendered his driver's license to the
clerk of court or magistrate upon the verdict or plea, provide for a fine upon
the defendant if he fails to surrender his license to the clerk or magistrate
immediately after conviction, provide that any clerk or magistrate who
wilfully fails or neglects to forward the driver's license and ticket as
required is liable to indictment and, upon conviction, a fine, and provide
that the certificate issued under this Section must be kept in the defendant's
possession while operating a motor vehicle during the sixty-day period and
that failure to have it in his possession is punishable in the same manner as
failure to have a driver's license in possession while operating a motor
vehicle; to amend Section 56-1-1320, relating to the issuance of provisional
driver's licenses, so as to delete certain language and provisions; and to
repeal Section 56-1-1040, 56-1-1050, 56-1-1060, 56-1-1070, and 56-1-1080
relating to various provisions pertaining to habitual offenders under the
driver's license law.-amended title
04/22/87 Senate Introduced and read first time SJ-1420
04/22/87 Senate Referred to Committee on Transportation SJ-1423
04/30/87 Senate Recalled from Committee on Transportation SJ-1652
04/30/87 Senate Retaining place on calendar recommitted to
Committee on Transportation SJ-1653
01/12/88 Senate Committee report: Favorable with amendment
Transportation SJ-255
01/12/88 Senate Special order SJ-258
01/14/88 Senate Debate interrupted SJ-23
01/19/88 Senate Amended SJ-31
01/19/88 Senate Debate interrupted SJ-35
01/20/88 Senate Debate interrupted SJ-16
01/21/88 Senate Amended SJ-63
01/21/88 Senate Debate interrupted SJ-70
01/26/88 Senate Amended SJ-39
01/26/88 Senate Read second time SJ-45
01/26/88 Senate Ordered to third reading with notice of
amendments SJ-45
01/26/88 Senate Special order SJ-51
01/27/88 Senate Debate interrupted SJ-45
02/10/88 Senate Amended SJ-23
02/10/88 Senate Debate interrupted SJ-32
02/11/88 Senate Amended SJ-69
02/11/88 Senate Read third time and sent to House SJ-79
02/16/88 House Introduced, read first time, placed on calendar
without reference HJ-1182
02/23/88 House Objection by Rep. Aydlette, Arthur & Gregory HJ-1394
03/01/88 House Objection withdrawn by Rep. Aydlette HJ-1580
03/02/88 House Amended HJ-1651
03/02/88 House Debate interrupted HJ-1655
03/02/88 House Special order, set for beginning Wed. March 2,
1988 (Under H 3891) HJ-1655
03/02/88 House Read second time HJ-1665
03/03/88 House Read third time HJ-1706
03/03/88 House Returned HJ-1706
03/08/88 Senate Non-concurrence in House amendment SJ-4
03/08/88 House House insists upon amendment and conference
committee appointed Reps. Beasley, JC Johnson &
McCain HJ-1771
03/10/88 Senate Conference committee appointed Sens. Verne Smith,
Lourie, and McConnell SJ-4
04/26/88 Senate Free conference powers requested SJ-47
04/26/88 Senate Interrupted debate on motion to grant free conf.
power SJ-47
04/27/88 House Free conference powers granted HJ-3252
04/27/88 House Free conference committee appointed Beasley, JC
Johnson & McCain HJ-3256
04/27/88 House Free conference report received HJ-3256
04/27/88 House Free conference report adopted HJ-3290
04/27/88 Senate Free conference powers granted SJ-49
04/27/88 Senate Free conference committee appointed Sens.
McConnell, Lourie, Verne Smith SJ-49
04/27/88 Senate Free conference report received SJ-49
04/27/88 Senate Free conference report adopted SJ-49
04/27/88 Senate Ordered enrolled for ratification SJ-49
05/12/88 Ratified R 603
05/18/88 Signed By Governor
05/18/88 Effective date 01/01/89
05/18/88 Act No. 532
05/18/88 See act for exception to or explanation of
effective date
06/02/88 Copies available
(A532, R603, S704)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
56-1-185 SO ASTO PROVIDE THAT ANY PERSON WHILE OPERATING A MOTOR VEHICLE UNDER
A SPECIAL RESTRICTED DRIVER'S LICENSE WHO IS CONVICTED OF A POINT-ASSESSABLE
TRAFFIC OFFENSE OR INVOLVED IN AN ACCIDENT IN WHICH HE WAS AT FAULT SHALL HAVE
THE REMOVAL OF THE RESTRICTIONS POSTPONED FOR A CERTAIN PERIOD DURING WHICH THE
LICENSEE MUST BE FREE OF ANY TRAFFIC CONVICTIONS; TO AMEND SECTION 56-1-440,
RELATING TO PENALTIES FOR DRIVING WITHOUT A LICENSE, SO AS TO CHANGE THE MONETARY
PENALTY FOR A FIRST OFFENSE FROM A FINE OF NOT LESS THAN TWENTY-FIVE DOLLARS NOR
MORE THAN FIFTY DOLLARS TO A FINE OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN
ONE HUNDRED DOLLARS, TO PROVIDE THAT FOR A SECOND OFFENSE THE PENALTY IS A FINE
OF FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR FORTY-FIVE DAYS, OR BOTH, AND TO
PROVIDE THAT FOR A THIRD AND SUBSEQUENT OFFENSE THE PENALTY IS IMPRISONMENT FOR
NOT LESS THAN FORTY-FIVE DAYS NOR MORE THAN SIX MONTHS; TO AMEND SECTION
56-1-1030, RELATING TO THE REQUIREMENT THAT CONVICTION RECORDS OF HABITUAL
OFFENDERS BE SUBMITTED TO THE SOLICITOR OR ATTORNEY GENERAL, SO AS TO PROVIDE,
AMONG OTHER THINGS, THAT WHEN ANY PERSON IS CONVICTED OF ONE OR MORE CERTAIN
OFFENSES LISTED IN SECTION 56-1-1020, THE DEPARTMENT OF HIGHWAYS AND PUBLIC
TRANSPORTATION SHALL REVIEW ITS RECORDS FOR THAT PERSON, WITH POSSIBLE
INSTITUTION OF AGENCY PROCEEDINGS, TO REVOKE OR SUSPEND THE PERSON'S DRIVER'S
LICENSE; TO AMEND SECTION 56-1-1090, RELATING TO THE PROVISION THAT HABITUAL
OFFENDERS MAY NOT BE ISSUED A DRIVER'S LICENSE, SO AS TO, AMONG OTHER THINGS,
PROVIDE THAT THE PERIOD OF NONISSUANCE FOR AN HABITUAL OFFENDER AND PROHIBITION
TO OPERATE A MOTOR VEHICLE IN THIS STATE FOR A NONRESIDENT HABITUAL OFFENDER IS
FOR A PERIOD OF FIVE YEARS FROM THE DATE OF A FINAL DECISION BY THE DEPARTMENT
THAT A PERSON IS AN HABITUAL OFFENDER AND IF UPON APPEAL THE FINDING IS SUSTAINED
BY A COURT, RATHER THAN FOR FIVE YEARS FROM THE DATE OF THE ORDER OF THE COURT
FINDING THE PERSON TO BE AN HABITUAL OFFENDER, AND TO TRANSFER CERTAIN DUTIES AND
POWERS FROM THE COURT TO THE DEPARTMENT; TO AMEND SECTION 56-1-1100, RELATING TO
HABITUAL OFFENDERS AND PENALTIES, SO AS TO, AMONG OTHER THINGS, TRANSFER CERTAIN
DUTIES AND POWERS FROM THE COURT TO THE DEPARTMENT, AND TO DELETE CERTAIN
PROVISIONS; TO AMEND SECTION 56-1-720, RELATING TO THE POINT SYSTEM AND THE
SCHEDULE OF POINTS FOR VIOLATIONS, SO AS TO MAKE CERTAIN CHANGES WITH RESPECT TO
THE VIOLATION OF DRIVING TOO FAST FOR CONDITIONS OR SPEEDING, AND TO ADD THE
VIOLATION OF IMPROPER BACKING; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING
TO GENERAL RULES AS TO MAXIMUM SPEED LIMITS, SO AS TO, AMONG OTHER THINGS, CHANGE
THE VARIOUS PENALTIES IMPOSED, PROVIDE THAT FIVE DOLLARS OF CERTAIN FINES LISTED
IN THIS SECTION MUST BE CREDITED TO THE STATE HIGHWAY FUND, AND PROVIDE THAT, IN
EXPENDING THE FUNDS CREDITED TO THE STATE HIGHWAY FUND UNDER PART OF THIS
SECTION, THE DEPARTMENT FIRST SHALL CONSIDER THE NEED FOR ADDITIONAL HIGHWAY
PATROLMEN; TO AMEND SECTION 56-5-2940, RELATING TO THE PENALTY FOR DUI, SO AS TO,
AMONG OTHER THINGS, PROVIDE FOR A FINE OF NOT LESS THAN TWO THOUSAND DOLLARS NOR
MORE THAN FIVE THOUSAND DOLLARS FOR A SECOND OFFENSE, RATHER THAN A FINE OF NOT
LESS THAN ONE THOUSAND DOLLARS, PROVIDE THAT THIS FINE MAY NOT BE SUSPENDED IN
AN AMOUNT LESS THAN ONE THOUSAND DOLLARS AND OF THAT AMOUNT TWO HUNDRED FIFTY
DOLLARS MUST BE REMITTED TO THE VICTIM'S COMPENSATION FUND, CHANGE THE FINE FOR
A THIRD OFFENSE, PROVIDE FOR A PENALTY OF IMPRISONMENT FOR NOT LESS THAN ONE YEAR
NOR MORE THAN FIVE YEARS FOR A FOURTH OR SUBSEQUENT OFFENSE, AND PROVIDE THAT
ONLY THOSE OFFENSES WHICH OCCURRED WITHIN A PERIOD OF TEN, RATHER THAN FIVE,
YEARS INCLUDING AND IMMEDIATELY PRECEDING THE DATE OF THE LAST OFFENSE SHALL
CONSTITUTE PRIOR OFFENSES WITHIN THE MEANING OF THIS SECTION; TO AMEND SECTION
56-5-4100, RELATING TO SPILLING LOADS ON HIGHWAYS, SO AS TO PROVIDE, AMONG OTHER
THINGS, THAT TRUCKS, TRAILERS, OR OTHER VEHICLES, WHEN LOADED WITH CERTAIN ITEMS
WHICH COULD BLOW, LEAK, SIFT, OR DROP, MUST NOT BE DRIVEN OR MOVED ON ANY HIGHWAY
EXCEPT UNDER CERTAIN CONDITIONS, THAT THE LOADER OF THE VEHICLE AND THE DRIVER
SHALL SWEEP OR OTHERWISE REMOVE ANY LOOSE GRAVEL OR SIMILAR MATERIAL FROM THE
RUNNING BOARDS, FENDERS, BUMPERS, OR OTHER SIMILAR EXTERIOR PORTIONS OF THE
VEHICLE BEFORE IT IS MOVED ON A PUBLIC HIGHWAY, AND THAT ANY PERSON WHO VIOLATES
CERTAIN PROVISIONS OF THIS SECTION IS GUILTY OF A MISDEMEANOR AND, UPON
CONVICTION, MUST BE FINED ONE HUNDRED DOLLARS; TO AMEND SECTION 56-5-4450,
RELATING TO THE TIMES WHEN VEHICLES MUST BE EQUIPPED WITH LIGHTS, SO AS TO
PROVIDE, AMONG OTHER THINGS, THAT EVERY VEHICLE UPON A STREET OR HIGHWAY, RATHER
THAN JUST A HIGHWAY, SHALL DISPLAY LIGHTED LAMPS AND ILLUMINATING DEVICES,
EXCLUDING PARKING LIGHTS, FROM A HALF HOUR AFTER SUNSET TO A HALF HOUR BEFORE
SUNRISE AND AT ANY OTHER TIME WHEN WINDSHIELD WIPERS ARE IN USE AS A RESULT OF
RAIN, SLEET, OR SNOW OR WHEN INCLEMENT WEATHER OR ENVIRONMENTAL FACTORS SEVERELY
REDUCE THE ABILITY TO CLEARLY DISCERN PERSONS AND VEHICLES, THAT A WARNING TICKET
MAY BE ISSUED UNDER CERTAIN CIRCUMSTANCES, AND THAT A VIOLATION OF THIS SECTION
IS A MISDEMEANOR CARRYING A FINE UP TO TWENTY-FIVE DOLLARS; TO AMEND SECTION
56-5-5015, RELATING TO THE REQUIREMENT THAT GLASS ON MOTOR VEHICLES IS TO BE
TRANSPARENT FROM BOTH SIDES, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT NO PERSON
MAY OPERATE A MOTOR VEHICLE THAT IS REQUIRED TO BE REGISTERED IN THIS STATE ON
ANY PUBLIC HIGHWAY, ROAD, OR STREET THAT HAS A SUNSCREEN DEVICE ON THE
WINDSHIELD, THE FRONT SIDE WINGS, AND SIDE WINDOWS ADJACENT TO THE RIGHT AND LEFT
OF THE DRIVER AND WINDOWS TO THE REAR OF THE DRIVER THAT DO NOT MEET THE
REQUIREMENTS OF THIS SECTION, AND TO MAKE IT A MISDEMEANOR OFFENSE TO VIOLATE THE
PROVISIONS OF THIS SECTION AND PROVIDE PENALTIES; TO PROVIDE THAT SECTION
56-5-5015 APPLIES TO ALL VEHICLES MANUFACTURED AFTER THE EFFECTIVE DATE OF THIS
ACT AND THAT SECTION 56-5-5015 APPLIES TO ALL OTHER VEHICLES THREE YEARS FROM THE
EFFECTIVE DATE OF THIS ACT; TO AMEND SECTION 56-5-750, RELATING TO FAILURE TO
STOP MOTOR VEHICLE WHEN SIGNALED BY A LAW ENFORCEMENT VEHICLE, SO AS TO PROVIDE,
AMONG OTHER THINGS, THAT ANY MOTORIST WHO WILFULLY FAILS TO STOP WHEN SIGNALED
BY LAW ENFORCEMENT OFFICER SHALL HAVE HIS LICENSE SUSPENDED FOR AT LEAST THIRTY
DAYS; TO AMEND SECTION 59-67-420, RELATING TO THE EXTENT OF TRANSPORTATION TO BE
PROVIDED FOR STUDENTS TO OR FROM SCHOOL, SO AS TO, AMONG OTHER THINGS, PROVIDE
THAT, IN ITS APPLICATION, A LOCAL SCHOOL DISTRICT SHALL ASSIGN PRIORITY TO ITS
REQUESTS FOR TRANSPORTATION ON THE BASIS OF CHILDREN'S AGES, WITH THE YOUNGEST
CHILDREN SUBJECT TO HAZARDOUS CONDITIONS RECEIVING THE HIGHEST PRIORITIES; TO
AMEND SECTION 56-5-6410, RELATING TO AGE AS THE BASIS FOR THE REQUIRED USE OF
RESTRAINING SYSTEMS, SO AS TO CHANGE THE AGE BASIS, AND TO PROVIDE THAT ANY CHILD
FOUR UNTIL SIX YEARS OF AGE WHEN TRANSPORTED IN THE FRONT SEAT MUST BE SECURED
BY A SAFETY BELT PROVIDED IN THE MOTOR VEHICLE; TO AMEND SECTION 56-5-6420,
RELATING TO TRANSPORTATION OF CHILDREN WITH INSUFFICIENT NUMBER OF RESTRAINT
DEVICES, SO AS TO PROVIDE THAT IF ALL THE SEATING POSITIONS WITH RESTRAINT
DEVICES ARE OCCUPIED BY CHILDREN UNDER THE AGE OF SIX YEARS, RATHER THAN AGE
THREE AND UNDER, A CHILD MAY BE TRANSPORTED AND THE DRIVER IS NOT IN VIOLATION
OF THE LAW BUT THAT PRIORITY MUST BE GIVEN TO CHILDREN UNDER THE AGE OF SIX
YEARS, RATHER THAN AGE THREE AND UNDER, ACCORDING TO THEIR AGES; TO AMEND SECTION
56-5-6430, RELATING TO THE PROVISIONS THAT THE USE OF A VEHICLE RESTRAINT DEVICE
IS NOT REQUIRED UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT ALTERNATE
RESTRAINT PROTECTION, SUCH AS SAFETY BELTS, RATHER THAN "THE VEHICLE SAFETY
BELT", MUST BE UTILIZED IF POSSIBLE UNDER CERTAIN CIRCUMSTANCES; TO AMEND
THE 1976 CODE BY ADDING SECTION 56-5-6445 SO AS TO PROVIDE THAT THE PROVISIONS
OF ARTICLE 47, CHAPTER 5, TITLE 56 ("CHILD PASSENGER RESTRAINT SYSTEM")
APPLY TO ALL MOTOR VEHICLES EQUIPPED WITH SAFETY BELTS; TO AMEND SECTION
56-9-340, RELATING TO SURRENDER OF DRIVER'S LICENSE AND VEHICLE REGISTRATION AND
FAILURE TO SURRENDER, SO AS TO CHANGE THE PENALTY FOR WILFULLY FAILING TO RETURN
A LICENSE OR REGISTRATION AS REQUIRED IN THIS SECTION, PROVIDE PENALTIES FOR A
SECOND OFFENSE AND FOR A THIRD AND SUBSEQUENT OFFENSE, AND PROVIDE THAT ONLY
CONVICTIONS WHICH OCCURRED WITHIN FIVE YEARS INCLUDING AND IMMEDIATELY PRECEDING
THE DATE OF THE LAST CONVICTION CONSTITUTE PRIOR CONVICTIONS WITHIN THE MEANING
OF THIS SECTION; TO AMEND SECTION 56-10-240, RELATING TO THE REQUIREMENT THAT,
UPON LOSS OF INSURANCE, THE INSURED SHALL OBTAIN NEW INSURANCE OR SURRENDER
VEHICLE REGISTRATION AND PLATES, WRITTEN NOTICE BY THE INSURER, SUSPENSION OF
REGISTRATION AND PLATES, APPEAL OF SUSPENSION, ENFORCEMENT, AND PENALTIES, SO AS
TO CHANGE THE PENALTY FOR WILFULLY FAILING TO RETURN MOTOR VEHICLE LICENSE PLATES
AND REGISTRATION CERTIFICATES AS REQUIRED IN THIS SECTION, PROVIDE PENALTIES FOR
A SECOND OFFENSE AND FOR A THIRD AND SUBSEQUENT OFFENSE, AND PROVIDE THAT ONLY
CONVICTIONS WHICH OCCURRED WITHIN FIVE YEARS INCLUDING AND IMMEDIATELY PRECEDING
THE DATE OF THE LAST CONVICTION CONSTITUTE PRIOR CONVICTIONS WITHIN THE MEANING
OF THIS SECTION; TO AMEND SECTION 56-10-260, RELATING TO FALSE CERTIFICATE OR
FALSE EVIDENCE OF MOTOR VEHICLE INSURANCE AND PENALTIES, SO AS TO CHANGE THE
PENALTY FOR KNOWINGLY MAKING A FALSE CERTIFICATE AS TO WHETHER A MOTOR VEHICLE
IS AN INSURED MOTOR VEHICLE OR PRESENTING TO THE DEPARTMENT FALSE EVIDENCE THAT
ANY MOTOR VEHICLE SOUGHT TO BE REGISTERED IS INSURED, PROVIDE PENALTIES FOR A
SECOND OFFENSE AND FOR A THIRD AND SUBSEQUENT OFFENSE, AND PROVIDE THAT ONLY
CONVICTIONS WHICH OCCURRED WITHIN FIVE YEARS INCLUDING AND IMMEDIATELY PRECEDING
THE DATE OF THE LAST CONVICTION CONSTITUTE PRIOR CONVICTIONS WITHIN THE MEANING
OF THIS SECTION; TO AMEND SECTION 56-10-270, RELATING TO THE OPERATION OF AN
UNINSURED MOTOR VEHICLE AND PENALTIES, SO AS TO CHANGE THE PENALTY FOR KNOWINGLY
OPERATING AN UNINSURED MOTOR VEHICLE SUBJECT TO REGISTRATION
IN THIS STATE OR KNOWINGLY ALLOWING THE OPERATION OF AN UNINSURED MOTOR VEHICLE
SUBJECT TO REGISTRATION IN THIS STATE, PROVIDE PENALTIES FOR A SECOND OFFENSE AND
FOR A THIRD AND SUBSEQUENT OFFENSE, PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED
WITHIN FIVE YEARS INCLUDING AND IMMEDIATELY PRECEDING THE DATE OF THE LAST
CONVICTION CONSTITUTE PRIOR CONVICTIONS WITHIN THE MEANING OF THIS SECTION, AND
PROVIDE THAT ANY PERSON WHOSE LICENSE PLATES AND REGISTRATION CERTIFICATES WHICH
ARE SUSPENDED UNDER THIS SECTION, WHICH ARE NOT SUSPENDED FOR ANY OTHER REASON,
MAY HAVE THEM IMMEDIATELY RESTORED IF HE FILES PROOF OF FINANCIAL RESPONSIBILITY
WITH THE DEPARTMENT; TO AMEND SECTION 56-10-250, RELATING TO THE PROVISION MAKING
IT UNLAWFUL TO SELL A MOTOR VEHICLE WITH SUSPENDED REGISTRATION AND LICENSE
PLATES TO A FAMILY MEMBER, SO AS TO CHANGE THE PENALTY FOR A VEHICLE OWNER
SELLING OR OTHERWISE DISPOSING OF ANY MOTOR VEHICLE FOR WHICH THE REGISTRATION
AND LICENSE PLATES HAVE BEEN SUSPENDED TO ANY MEMBER OF HIS FAMILY RESIDING IN
THE SAME HOUSEHOLD, PROVIDE PENALTIES FOR A SECOND OFFENSE AND FOR A THIRD AND
SUBSEQUENT OFFENSE, AND PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN FIVE
YEARS INCLUDING AND IMMEDIATELY PRECEDING THE DATE OF THE LAST CONVICTION
CONSTITUTE PRIOR CONVICTIONS WITHIN THE MEANING OF THIS SECTION; TO AMEND THE
1976 CODE BY ADDING SECTION 56-5-2775 SO AS TO PROVIDE THAT THE DRIVER OF ANY
VEHICLE VIOLATING CERTAIN PROVISIONS OF SECTION 56-5-2770 IS GUILTY OF A
MISDEMEANOR, AND TO PROVIDE A PENALTY; TO AMEND THE 1976 CODE BY ADDING SECTION
56-5-6240 SO AS TO PROVIDE, AMONG OTHER THINGS, FOR THE FORFEITURE AND
CONFISCATION OF A MOTOR VEHICLE UNDER CERTAIN CIRCUMSTANCES AND CONDITIONS AND
THE DISBURSEMENT AND USE OF THE PROCEEDS FOLLOWING THE SALE OF SUCH A VEHICLE;
TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-6250 SO AS TO PROVIDE THAT WHEN AN
ARREST IS MADE UNDER THE PROVISIONS OF CHAPTER 5 OF TITLE 56, THE ARRESTING
OFFICER MUST MAKE EVERY EFFORT TO DETERMINE PRIOR CONVICTIONS UNDER THE CHAPTER,
AND PROVIDE THAT IN NO INSTANCE IS SENTENCE TO BE IMPOSED ON A DEFENDANT UNTIL
THE COURT IS SATISFIED PRIOR CONVICTIONS ARE PROPERLY CONSIDERED AS A PART OF THE
SENTENCE; TO AMEND SECTION 56-5-2990, RELATING TO THE SUSPENSION OF THE LICENSE
OF A CONVICTED DRIVER, AND THE PERIOD OF SUSPENSION, SO AS TO PROVIDE THAT ONLY
THOSE VIOLATIONS WHICH OCCURRED WITHIN TEN YEARS, RATHER THAN FIVE YEARS,
INCLUDING AND IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE
PRIOR VIOLATIONS WITHIN THE MEANING OF THIS SECTION, PROVIDE THAT ANY PERSON
WHOSE LICENSE IS REVOKED FOLLOWING CONVICTION FOR A FIFTH OFFENSE AS PROVIDED IN
THIS SECTION IS FOREVER BARRED FROM BEING ISSUED ANY LICENSE BY THE DEPARTMENT
TO OPERATE A MOTOR VEHICLE, AND DELETE CERTAIN PROVISIONS; TO AMEND THE 1976 CODE
BY ADDING SECTION 56-1-135 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ANY PERSON
DESIGNATED TO DRIVE A MOTOR VEHICLE WHOSE PRIMARY PURPOSE IS THE EXTINGUISHMENT
OF A FIRE, INCLUDING VOLUNTEER FIREMEN, MAY HAVE A SPECIAL ENDORSEMENT AFFIXED
TO HIS DRIVER'S LICENSE WHICH AUTHORIZES HIM TO DRIVE THE MOTOR VEHICLE, THAT
EVERY POLITICAL SUBDIVISION EMPLOYING LAW ENFORCEMENT OFFICERS MUST DESIGNATE ONE
OFFICER AS ITS SAFETY OFFICER, AND THAT THE AGENCY OR DEPARTMENT WHO OPERATES THE
MOTOR VEHICLE SHALL KEEP THE LIST OF DESIGNATED DRIVERS CURRENT; TO AMEND THE
1976 CODE BY ADDING SECTION 56-1-365 SO AS TO, AMONG OTHER THINGS, PROVIDE THAT
ANY PERSON WHO FORFEITS BAIL POSTED FOR, IS CONVICTED OF, OR PLEADS GUILTY OR
NOLO CONTENDERE IN GENERAL SESSIONS, MUNICIPAL, OR MAGISTRATE'S COURT TO AN
OFFENSE WHICH AS PART OF THE PUNISHMENT TO BE IMPOSED REQUIRES THAT HIS DRIVER'S
LICENSE BE REVOKED OR SUSPENDED SHALL SURRENDER IMMEDIATELY OR CAUSE TO BE
SURRENDERED HIS DRIVER'S LICENSE TO THE CLERK OF COURT OR MAGISTRATE UPON THE
VERDICT OR PLEA, PROVIDE FOR A FINE UPON THE DEFENDANT IF HE FAILS TO SURRENDER
HIS LICENSE TO THE CLERK OR MAGISTRATE IMMEDIATELY AFTER CONVICTION, PROVIDE THAT
ANY CLERK OR MAGISTRATE WHO WILFULLY FAILS OR NEGLECTS TO FORWARD THE DRIVER'S
LICENSE AND TICKET AS REQUIRED IS LIABLE TO INDICTMENT AND, UPON CONVICTION, A
FINE, AND PROVIDE THAT THE CERTIFICATE ISSUED UNDER THIS SECTION MUST BE KEPT IN
THE DEFENDANT'S POSSESSION WHILE OPERATING A MOTOR VEHICLE DURING THE SIXTY-DAY
PERIOD AND THAT FAILURE TO HAVE IT IN HIS POSSESSION IS PUNISHABLE IN THE SAME
MANNER AS FAILURE TO HAVE A DRIVER'S LICENSE IN POSSESSION WHILE OPERATING A
MOTOR VEHICLE; TO AMEND SECTION 56-1-1320, RELATING TO THE ISSUANCE OF
PROVISIONAL DRIVER'S LICENSES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS;
AND TO REPEAL SECTIONS 56-1-1040, 56-1-1050, 56-1-1060, 56-1-1070, AND 56-1-1080
RELATING TO VARIOUS PROVISIONS PERTAINING TO HABITUAL OFFENDERS UNDER THE
DRIVER'S LICENSE LAW.
Be it enacted by the General Assembly of the State of South Carolina:
Removal of restrictions postponed
SECTION 1. The 1976 Code is amended by adding:
"Section 56-1-185. Any person while operating a motor vehicle under a
special restricted driver's license who is convicted of a point-assessable
traffic offense or involved in an accident in which he was at fault shall have
the removal of the restrictions postponed for six months during which period the
licensee must be free of any traffic convictions."
Penalties changed for driving without a license
SECTION 2. Section 56-1-440 of the 1976 Code is amended to read:
"Section 56-1-440. Any person who drives a motor vehicle on any public
highway of this State without a driver's license in violation of Section 56-1-20
is guilty of a misdemeanor and, upon conviction of a first offense, must be fined
not less than fifty dollars nor more than one hundred dollars or imprisoned for
thirty
days and, upon conviction of a second offense, be fined five hundred dollars or
imprisoned for forty-five days, or both, and for a third and subsequent offense
must be imprisoned for not less than forty-five days nor more than six
months."
Conviction records, habitual offenders; procedure for revocation or suspension
SECTION 3. Section 56-1-1030 of the 1976 Code is amended to read:
"Section 56-1-1030. When any person is convicted of one or more of the
offenses listed in Section 56-1-1020(a), (b), or (c), the department must review
its records for that person. If the department's review of its records shows
that the person is an habitual offender as defined in Section 56-1-1020, the
department must institute agency proceedings in accordance with the
Administrative Procedures Act to revoke or suspend the person's driver's license.
If, after appropriate proceedings, the department finds the person to be an
habitual offender, the department shall direct the person not to operate a motor
vehicle on the highways of this State and to surrender his driver's license or
permit to the department."
Habitual offenders; procedures changed
SECTION 4. Section 56-1-1090 of the 1976 Code is amended to read:
"Section 56-1-1090. No license to operate motor vehicles in this State
may be issued to an habitual offender nor shall a nonresident habitual offender
operate a motor vehicle in this State:
(a) for a period of five years from the date of a final decision by the
department that a person is an habitual offender and, if, upon appeal, the
finding is sustained by a court
unless the period is reduced to two years as permitted in item (c);
(b) until the time financial responsibility requirements are met;
(c) until upon petition, and for good cause shown, the department may restore
to the person the privilege to operate a motor vehicle in this State upon terms
and conditions as the department may prescribe, subject to other provisions of
law relating to the issuance of drivers' licenses. The petition permitted by
this item may be filed after a period of one year has expired from the date of
the decision of the department finding the person to be an habitual offender.
At this time and after hearing, the department may reduce the five-year period
of item (a) to a two-year period for good cause shown. If the two-year period
is granted, it must run from the date of the final decision of the department.
If the two-year period is not granted, no petition may be again filed until after
a period of five years has expired from the date of the decision of the
department."
Habitual offenders; penalties; procedures changed
SECTION 5. Section 56-1-1100 of the 1976 Code is amended to read:
"Section 56-1-1100. It is unlawful for any person to operate any motor
vehicle in this State while the decision of the department prohibiting the
operation remains in effect. Any person found to be an habitual offender under
the provisions of this article, who is thereafter convicted of operating a motor
vehicle in this State while the decision of the department prohibiting the
operation is in effect, is guilty of a misdemeanor and must be imprisoned for not
less than one year nor more than five years.
For the purpose of enforcing this section, in any case in which the accused is
charged with driving a motor vehicle while his driver's license or permit is
suspended or revoked or is
charged with driving without a license, the department before hearing the charges
shall determine whether the person has been adjudged an habitual offender and is
barred from operating a motor vehicle on the highways of this State. If the
person is found to be an habitual offender the department shall notify the
solicitor or Attorney General and he shall cause the appropriate criminal charges
to be lodged against the offender."
Provisions repealed
SECTION 6. Sections 56-1-1040, 56-1-1050, 56-1-1060, 56-1-1070, and 56-1-1080
of the 1976 Code are repealed.
Point system; schedule; changes made; violation added
SECTION 7. Section 56-1-720 of the 1976 Code is amended to read:
"Section 56-1-720. There is established a point system for the evaluation
of the operating record of persons to whom a license to operate motor vehicles
has been granted and for the determination of the continuing qualifications of
these persons for the privileges granted by the license to operate motor
vehicles. The system shall have as its basic element a graduated scale of points
assigning relative values to the various violations in accordance with the
following schedule:
VIOLATION . . . . . . . . . . . . . . POINTS
Reckless driving . . . . . . . . . . . . 6
Passing stopped school bus . . . . . . . 6
Hit-and-run, property damages only . . . 6
Driving too fast for conditions, or
speeding:
(1) No more than 10 m.p.h. above
the posted limits . . . . . . . . . . 2
(2) More than 10 m.p.h. but
less than 25 m.p.h. above the
posted limits . . . . . . . . . . . . 4
(3) 25 m.p.h. or above the
posted limits . . . . . . . . . . . . 6
Disobedience of any official traffic
control device . . . . . . . . . . . . 4
Disobedience to officer directing
traffic . . . . . . . . . . . . . . . 4
Failing to yield right of way . . . . . . 4
Driving on wrong side of road . . . . . . 4
Passing unlawfully . . . . . . . . . . . 4
Turning unlawfully . . . . . . . . . . . 4
Driving through or within safety zone . . 4
Failing to give signal or giving
improper signal for stopping,
turning, or suddenly decreased speed. . 4
Shifting lanes without safety precaution. 2
Improper dangerous parking . . . . . . . 2
Following too closely . . . . . . . . . . 4
Failing to dim lights . . . . . . . . . . 2
Operating with improper lights . . . . . 2
Operating with improper brakes . . . . . 4
Operating a vehicle in unsafe condition . 2
Driving in improper lane . . . . . . . . 2
Improper backing . . . . . . . . . . . . 2."
Maximum speed limits; penalties changed; credit to State Highway Fund, etc.
SECTION 8. The last two paragraphs of Section 56-5-1520 of the 1976 Code, as
last amended by Act 189 of 1987, are further amended to read:
"(d) Any person violating the speed limits established by this section
is guilty of a misdemeanor and, upon conviction for a first offense, must be
fined or imprisoned as follows:
(1) in excess of the above posted limit but not in excess of ten miles an
hour by a fine of not less than fifteen dollars nor more than twenty-five
dollars;
(2) in excess of ten miles an hour but less than fifteen miles an hour above
the posted limit by a fine of not less than twenty-five dollars nor more than
fifty dollars;
(3) in excess of fifteen miles an hour but less than twenty-five miles an
hour above the posted limit by a fine of not less than fifty dollars nor more
than seventy-five dollars; and
(4) in excess of twenty-five miles an hour above the posted limit by a fine
of not less than seventy-five dollars nor more than two hundred dollars or
imprisoned for not more than thirty days.
(e) Any citation for violating the speed limits issued by any authorized
officer must note on it the rate of speed for which the citation is issued.
(f) Five dollars of the fines listed in subsection (d)(3) and (4) must be
credited to the State Highway Fund. In expending the funds credited to the State
Highway Fund under subsection (d), the department first shall consider the need
for additional highway patrolmen."
Penalty for DUI, changes; suspension of fines; etc.
SECTION 9. Section 56-5-2940 of the 1976 Code is amended to read:
"Section 56-5-2940. Any person violating any provision of Section
56-5-2930 shall, upon conviction, entry of a plea of guilty or of nolo contendere
or forfeiture of bail, be punished in accordance with the following:
(1) By a fine of two hundred dollars or imprisonment for not less than
forty-eight hours nor more than thirty days, for the first offense; provided,
that in lieu of the forty-eight hour minimum imprisonment the court may provide
for forty-eight hours of public service employment. The minimum forty-eight hour
imprisonment or public service employment shall be served at a time when the
person is off from work and shall not interfere with his regular employment under
such terms and conditions as the court deems proper; provided, further, that the
court may not compel an offender to perform public service employment in lieu of
the minimum sentence.
(2) By a fine of not less than two thousand dollars nor more than five
thousand dollars and imprisonment for not less than forty-eight hours nor more
than one year for the second offense. However, the fine imposed by this item may
not be suspended in an amount less than one thousand dollars, and of that amount
two hundred fifty dollars must be remitted to the Victim's Compensation Fund. In
lieu of service of imprisonment the court may require that the individual
complete an appropriate term of public service employment of not less than ten
days upon terms and conditions the court considers proper.
(3) By a fine of not less than three thousand, five hundred dollars nor more
than six thousand dollars and imprisonment for not less than sixty days nor more
than three years, for the third offense.
(4) Imprisonment for not less than one year nor more than five years for a
fourth offense or subsequent offense.
No part of the minimum sentences provided herein shall be suspended. The court
may provide in lieu of service other sentences provided herein: For a third
offense or any subsequent offense or for a violation of Section 56-5-2945 as it
relates to great bodily injury the service of the minimum sentence is mandatory;
provided, however, the judge may provide for the sentence to be served upon such
terms and conditions as he deems proper including but not limited to weekend
service or nighttime service in any fashion he deems necessary.
The fine for a first offense may not be suspended. The court is prohibited
from suspending a monetary fine below that of the next preceding minimum monetary
fine.
For the purposes of this chapter any conviction, entry of a plea of guilty or
of nolo contendere or forfeiture of bail, for the violation of any law or
ordinance of this State or any municipality of this State that prohibits any
person from operating a motor vehicle while under the influence of intoxicating
liquor, drugs, or narcotics shall constitute a prior offense for the purpose of
any prosecution for any subsequent violation hereof. Only those offenses which
occurred within a period of ten years including and immediately preceding the
date of the last offense shall constitute prior offenses within the meaning of
this section.
Upon imposition of a sentence of public service, the defendant may apply to the
Court to be allowed to perform his public service in his county of residence if
he has been sentenced to public service in a county where he does not
reside."
Spilling loads on highways; provisions added; misdemeanor established; etc.
SECTION 10. Section 56-5-4100 of the 1976 Code is amended to read:
"Section 56-5-4100. (A) No vehicle may be driven or moved on any public
highway unless the vehicle is so constructed or loaded as to prevent any of its
load from dropping, sifting, leaking, or otherwise escaping from the vehicle,
except that sand, salt, or other chemicals may be dropped for the purpose of
securing traction, and water or other substance may be sprinkled on a roadway in
the cleaning or maintaining of the roadway by the public authority having
jurisdiction.
(B) Trucks, trailers, or other vehicles when loaded with rock, gravel, stone,
or other similar substances which could blow, leak, sift, or drop must not be
driven or moved on any highway unless the height of the load against all four
walls does not extend above a horizontal line six inches below their tops when
loaded at the loading point; or, if the load is not level, unless the height of
the sides of the load against all four walls does not extend above a horizontal
line six inches below their tops, and the highest point of the load does not
extend above their tops, when loaded at the loading point; or, if not so loaded,
unless the load is securely covered by tarpaulin or some other suitable covering;
or unless it is otherwise constructed so as to prevent any of its load from
dropping, sifting, leaking, blowing, or otherwise escaping from the vehicle. This
subsection also includes the transportation of garbage or waste materials to
locations for refuse in this State.
(C) The loader of the vehicle and the driver of the vehicle, in addition to
complying with the other provisions of this section, shall sweep or otherwise
remove any loose gravel or similar material from the running boards, fenders,
bumpers, or other similar exterior portions of the vehicle before it is moved on
a public highway.
(D) Any person operating a vehicle from which any glass or objects have fallen
or escaped, which would constitute an obstruction or injure a vehicle or
otherwise endanger travel upon the public highway, shall immediately cause the
public highway to be cleaned of all glass or objects and shall pay any costs for
the cleaning.
(E) Any person who violates the provisions of subsections (B), (C), or (D),
is guilty of a misdemeanor and, upon conviction, must be fined one hundred
dollars.
(F) The provisions of this section are not applicable to and do not restrict
the transportation of seed cotton, soybeans, tobacco, poultry, livestock or
silage, or other feed grain used in the feeding of poultry or livestock or of
paper, wastepaper utilized for the manufacture of industrial products, paper
products, forest products, or textile products."
Vehicles equipped with lights; windshield wipers; warning ticket; misdemeanor and
fine
SECTION 11. Section 56-5-4450 of the 1976 Code is amended to read:
"Section 56-5-4450. Every vehicle upon a street or highway within this
State shall display lighted lamps and illuminating devices, excluding parking
lights, from a half hour after sunset to a half hour before sunrise, and at any
other time when windshield wipers are in use as a result of rain, sleet, or snow,
or when inclement weather or environmental factors severely reduce the ability
to clearly discern persons and vehicles on the street or highway at a distance
of five hundred feet ahead as required in this article for different classes of
vehicles, subject to exceptions with respect to parked vehicles as provided in
this article; provided, however, the provisions of this section requiring use of
lights in conjunction with the use of windshield wipers shall not apply to
instances when windshield wipers are used intermittently in misting rain, sleet,
or snow.
Until January 1, 1989, any person who fails to display the lights of a vehicle
he is operating when lights are required by this section due to inclement weather
or environmental factors may be issued only a warning ticket.
Any person who violates this section is guilty of a misdemeanor and, upon
conviction, may be fined up to twenty-five dollars."
Vehicles; sunscreen device; requirements; misdemeanor offense; penalties
SECTION 12. Section 56-5-5015 of the 1976 Code is amended to read:
"Section 56-5-5015. (A) No person may operate a motor vehicle that is
required to be registered in this State on any public highway, road, or street
that has a sunscreen device on the windshield, the front side wings, and side
windows adjacent to the right and left of the driver and windows to the rear of
the driver that do not meet the requirements of this section.
(B) A sunscreening device when used in conjunction with the windshield must
be nonreflective and may not be red, yellow, or amber in color. A sunscreening
device may be used only along the top of the windshield and may not extend
downward beyond the ASI line or more than five inches from the top of the
windshield whichever is closer to the top of the windshield.
(C) A sunscreening device when used in conjunction with the safety glazing
materials of the side wings or side windows, or both, located at the immediate
right and left of the driver and the side windows behind the driver must be
nonreflective and have light transmission of not less than thirty-five percent.
(D) A sunscreening device when used in conjunction with the safety glazing of
the rear-most window must be nonreflective and have a light transmission of not
less than twenty percent, if one right and one left outside rearview mirror is
provided.
(E) Sunscreen devices offered for sale or use in South Carolina shall:
(1) bear a certification of the department that it is in compliance with the
reflectivity and transmittance requirements of this section;
(2) bear a label not to exceed one and one-half square inches in size, with
a means for the permanent and legible installations between the sunscreening
material and each glazing surface to which it is applied that contains the
manufacturer's name and its percentage of light transmission;
(3) include instructions with the product or material for proper
installations, including the affixing of the label specified in this section.
The labeling or marking must be placed in the left lower corner of each glazing
surface when facing the vehicle from the outside.
(F) No person may:
(1) offer for sale or for use any sunscreening product or material for motor
vehicle use not in compliance with this section;
(2) install any sunscreening product or material on vehicles intended for
use on public roads without permanently affixing the label specified in this
section.
(G) The provisions of this section do not apply to a motor vehicle registered
in this State in the name of a person, or the person's legal guardian, who has
an affidavit signed by a physician or an optometrist licensed to practice in this
State that states that the person has a physical condition that makes it
necessary to equip the motor vehicle with sunscreening material which would be
of a light transmittance or luminous reflectance in violation of this section.
The affidavit must be in the possession of the person so afflicted, or the
person's legal guardian, at all times while being transported in the motor
vehicle.
(H) The light transmittance requirement of this section does not apply to
windows behind the driver on trucks, buses, trailers, mobile homes, and
multipurpose passenger vehicles.
(I) As used in this section:
(1) 'Sunscreening device' means a film material or device that is designed
to be used in conjunction with motor vehicle safety glazing materials for
reducing the effects of the sun.
(2) 'Light transmission' means the ratio of the amount of total light to
pass through a product or material to the amount of the total light falling on
the product or material.
(3) 'Luminous reflectants' means the ratio of the amount of total light that
is reflected outward by the product or material to the amount of the total light
falling on the product or materials.
(4) 'Nonreflective' means a product or material designed to absorb light
rather than to reflect it.
(5) 'Passenger car' means a motor vehicle with motive power, except a
multipurpose passenger vehicle, motorcycle, or trailer, designed for carrying ten
persons or less.
(6) 'Multipurpose passenger vehicle' means a motor vehicle with motive
power, except a trailer designed to carry ten persons or less which is
constructed either on a truck chassis or with special features for occasional
off-road operation.
(7) 'Motor homes' means vehicular units designed to provide temporary living
quarters built into and an integral part of or permanently attached to a
self-propelled motor vehicle chassis.
(8) 'Truck' means a motor vehicle with motive power, except a trailer,
designed primarily for the transportation of property or special purpose
equipment.
(9) 'Bus' means a motor vehicle with motive power, except a trailer,
designed for carrying more than ten persons.
(10)'Manufacturer' means any person engaged in the manufacturing or
assembling of sunscreening products or materials designed to be used in
conjunction with vehicle glazing materials for the purpose of reducing the
effects of the sun.
(J) Any person violating the provisions of this section is guilty of a
misdemeanor and, upon conviction, must be fined not more than two hundred dollars
or be imprisoned for not more than thirty days.
Applicability of Section 56-5-5015 to vehicles
SECTION 13. The provisions of Section 56-5-5015 apply to all vehicles
manufactured after the effective date of this act. The provisions of Section
56-5-5015 apply to all other vehicles three years from the effective date of this
act.
Failure to stop when signaled; suspension of license, etc.
SECTION 14. Section 56-5-750 of the 1976 Code is amended to read:
"Section 56-5-750. In the absence of mitigating circumstances, it is
unlawful for any motor vehicle driver, while driving on any road, street, or
highway of the State, to fail to stop when signaled by any law enforcement
vehicle by means of a siren or flashing light. Any attempt to increase the speed
of a vehicle or in other manner avoid the pursuing law enforcement vehicle when
signaled by a siren or flashing light is prima facie evidence of a violation of
this section. Failure to see the flashing light or hear the siren does not
excuse a failure to stop when the distance between the vehicles and other road
conditions are such that it would be reasonable for a driver to hear or see the
signals from the law enforcement vehicle. Any person who violates the provisions
of this section is guilty of a misdemeanor and, upon conviction, must be fined
not less than five hundred dollars or imprisoned for not less than ninety days
and in the discretion of the judge his driver's license may be suspended for a
period not to exceed one year. Any motorist who wilfully fails to stop when
signaled by a law enforcement officer shall have his license suspended for at
least thirty days."
School transportation; priority on basis of age
SECTION 15. Section 59-67-420 of the 1976 Code is amended to read:
"Section 59-67-420. The State, acting through the State Board of
Education, assumes no obligation to transport any child to or from school who
lives within one and one-half miles of the school he attends, nor to provide
transportation services extending within a one-half mile radius of the residence
of any child, nor to furnish transportation for any child who attends a grade in
a school outside the pupil's district when the same grade is taught in an
appropriate school that is located within the school district in which the pupil
lives. The cost of transporting pupils to regularly organized instructional
classes in the district or attendance area for which school credit is given must
be borne by the State. The cost of transportation for new programs conducted by
the school districts must be borne by the school district until such time as the
program is approved by the State Board of Education and adequate funding for the
cost of transportation for the programs is arranged.
The State may assume the obligation of transporting students living within one
and one-half miles of their schools and within a one-half mile radius of their
residences when it is for the health and safety of the children. In these cases,
the local school district may apply in writing to the State Department of
Education for the department to assume the transportation for the health and
safety of the children involved. In its application, local school districts
shall assign priority to its requests for transportation on the basis of
children's ages, with the youngest children subject to hazardous conditions
receiving the highest priorities. After examining the request, the state
department shall render a decision on each application based on the location of
the schools in relation to students' homes, the traffic patterns on adjacent
roads, the existence of sidewalks, children's ages, and other factors considered
pertinent. The state department shall not approve local district applications
that have not assigned priority on the basis of children's ages, with the
youngest children receiving highest priority.
Regardless of the provisions of the first paragraph of this section, the State
shall transport and bear the cost of transporting five-year old children
attending public school kindergarten programs to their residences at the
conclusion of a morning kindergarten session and from their residences to an
afternoon kindergarten session."
Vehicle restraint system, age, changes; safety belt
SECTION 16. Section 56-5-6410 of the 1976 Code is amended to read:
"Section 56-5-6410. Every driver of a motor vehicle (passenger car,
pickup truck, van, or recreational vehicle) registered in this State or primarily
operated on the highways and streets of this State when transporting a child
under six years of age upon the public streets and highways of the State shall
provide an appropriate child passenger restraint system and shall secure the
child as follows:
(1) Any child less than one year of age must be properly secured in a child
restraint system which meets the standards prescribed by the National Highway
Traffic Safety Administration.
(2) Any child under four years of age when transported in the front seat must
be properly secured in a child restraint system meeting standards prescribed by
the National Highway Traffic Safety Administration.
(3) Any child four until six years of age when transported in the front seat
must be secured by a safety belt provided in the motor vehicle.
(4) Any child one year of age or more and under six years of age when
transported in a rear seat must be properly secured in a child restraint system
which meets the standards prescribed by the National Highway Traffic Safety
Administration unless the child is secured by a safety belt provided in the motor
vehicle.
Any child restraint system of a type sufficient to meet the physical standards
prescribed by the National Highway Traffic Safety Administration at the time of
its manufacture is sufficient to meet the requirements of this article."
Vehicle restraint devices, insufficient number; changes in age requirements
SECTION 17. Section 56-5-6420 of the 1976 Code is amended to read:
"Section 56-5-6420. If all the seating positions with restraint devices
are occupied by children under the age of six years, a child may be transported
and the driver of the motor vehicle is not in violation of the provisions of this
article, but priority must be given to children under the age of six years,
according to their ages."
When use of restraint device not required; alternate protection, changes
SECTION 18. Section 56-5-6430 of the 1976 Code is amended to read:
"Section 56-5-6430. The provisions of this article do not apply if a
child being transported is being fed, has a physical impairment, or a medical
problem or any distress which makes it impractical to use a child restraint
system. Alternate restraint protection, such as safety belts, must be utilized
if possible."
Child passenger restraint system, provisions; applicability
SECTION 19. The 1976 Code is amended by adding:
"Section 56-5-6445. The provisions of this article apply to all motor
vehicles equipped with safety belts."
Surrender of driver's license and vehicle registration; failure to surrender;
penalties; prior conviction
SECTION 20. Section 56-9-340 of the 1976 Code is amended to read:
"Section 56-9-340. Any person (a) whose license and registration has been
suspended as provided in this chapter, (b) whose policy of insurance or bond,
when required under this chapter, has been canceled or terminated, or (c) who has
neglected to furnish other proof upon request of the department shall immediately
return his license and registration to the department. If any person fails to
return to the department his license or registration as provided in this section,
the department may secure possession by a commissioned highway patrolman.
Any person wilfully failing to return his license or registration as required
in this section must be fined not less than one hundred dollars nor more than two
hundred dollars or imprisoned for thirty days and, upon conviction of a second
offense, be fined two hundred dollars or imprisoned for thirty days, or both, and
for a third and subsequent offenses must be imprisoned for not less than
forty-five days nor more than six months.
Only convictions which occurred within five years including and immediately
preceding the date of the last conviction constitute prior convictions within the
meaning of this section."
Events upon loss of insurance; penalties; prior convictions
SECTION 21. Section 56-10-240 of the 1976 Code is amended to read:
"Section 56-10-240. If, during the period for which it is licensed, a motor
vehicle is or becomes an uninsured motor vehicle, then the vehicle owner
immediately shall obtain insurance on the vehicle or within five days after the
effective date of cancellation or expiration of his liability insurance policy
surrender the motor vehicle license plates and registration certificates issued
for the motor vehicle. When a motor vehicle is or becomes an uninsured motor
vehicle, the insurer shall give written notice within ten days, in addition to
that notice previously given in accordance with law, by delivery under United
States Post Office Certificate of Mailing to the department of the cancellation
or refusal to renew. The department may not thereafter reissue registration
certificates and license plates for the vehicle until satisfactory evidence has
been filed by the owner that the vehicle is insured. Upon receiving information
to the effect that a policy is canceled or otherwise terminated on any motor
vehicle registered in South Carolina, then the department shall suspend the
license plates and registration certificate and shall initiate action as required
within fifteen days of the notice of cancellation to pick up the license plates
and registration certificate. Any person who has had his license plates and
registration certificate suspended by the department, but who at the time of
suspension does possess liability insurance coverage sufficient to meet the
financial responsibility requirements as set forth in this chapter, has the right
to immediately appeal the suspension to the Chief Insurance Commissioner. If the
Chief Insurance Commissioner determines that the person has sufficient liability
insurance coverage, the Chief Insurance Commissioner shall notify the department
and the suspension is voided immediately. The department shall give notice by
first class mail of the cancellation or suspension of registration privileges to
the vehicle owner at his last known address. However, when license plates are
surrendered pursuant to this section, they must be held at the department office
in the county where the person who surrenders the plates resides.
If the vehicle owner refuses to surrender the suspended items as required in
this article, the department through its designated agents or by request to any
county or municipal law enforcement agency may take possession of the suspended
license plates and registration certificate and may not thereafter reissue the
registration until proper proof of liability insurance coverage is provided and
until the owner has paid a reinstatement fee in the amount of twenty-five
dollars.
Any person wilfully failing to return his motor vehicle license plates and
registration certificates as required in this section is guilty of a misdemeanor
and, upon conviction, must be fined not less than one hundred dollars nor more
than two hundred dollars or imprisoned for thirty days and, upon conviction of
a second offense, be fined two hundred dollars or imprisoned for thirty days, or
both, and for a third and subsequent offenses must be imprisoned for not less
than forty-five days nor more than six months.
Only convictions which occurred within five years including and immediately
preceding the date of the last conviction constitute prior convictions within the
meaning of this section."
False certificate, false evidence of motor vehicle insurance; penalties; prior
convictions
SECTION 22. Section 56-10-260 of the 1976 Code is amended to read:
"Section 56-10-260. Any person knowingly making a false certificate as to
whether a motor vehicle is an insured motor vehicle or presenting to the
department false evidence that any motor vehicle sought to be registered is
insured is guilty of a misdemeanor and, upon conviction, must be fined not less
than one hundred dollars nor more than two hundred dollars or imprisoned for
thirty days and, upon conviction of a second offense, be fined two hundred
dollars or imprisoned for thirty days, or both, and for a third and subsequent
offenses must be imprisoned for not less than forty-five days nor more than six
months. Only convictions which occurred within five years including and
immediately preceding the date of the last conviction constitute prior
convictions within the meaning of this section. The department shall deny, for
a period of six months, registration of any motor vehicle for which a false
certificate or false evidence is presented that the vehicle is insured and shall
revoke, and may not thereafter reissue for a period of six months, the driver's
license of any person making a false certificate or offering false evidence, and
then only when all other provisions of law have been complied with by that
person."
Operation of uninsured vehicle; penalties; prior convictions; restoration of
plates, certificates
SECTION 23. Section 56-10-270 of the 1976 Code is amended to read:
"Section 56-10-270. (a) Any person knowingly operating an uninsured motor
vehicle subject to registration in this State or any person knowingly allowing
the operation of an uninsured motor vehicle subject to registration in this State
is guilty of a misdemeanor and, upon conviction, must be fined not less than one
hundred dollars nor more than two hundred dollars or imprisoned for thirty days
and, upon conviction of a second offense, be fined two hundred dollars or
imprisoned for thirty days, or both, and for a third and subsequent offenses must
be imprisoned for not less than forty-five days nor more than six months. Only
convictions which occurred within five years including and immediately preceding
the date of the last conviction constitute prior convictions within the meaning
of this section. An uninsured motor vehicle includes an insured vehicle with
respect to which the operator has been excluded from coverage pursuant to the
provisions of Section 56-10-60.
(b) The department upon receipt of information to the effect that any person
has been convicted of violating subsection (a) of this section shall suspend the
driving privilege and all license plates and registration certificates issued in
the person's name for a period of thirty days and may not reinstate that person's
privileges until proof of financial responsibility has been filed.
(c) Any person whose license plates and registration certificates which are
suspended as provided in this section, which are not suspended for any other
reason, may have them immediately restored, if he files proof of financial
responsibility with the department."
Prohibition on selling vehicle with suspended registration and plates to family
member; penalties; prior convictions
SECTION 24. Section 56-10-250 of the 1976 Code is amended to read:
"Section 56-10-250. It is unlawful for any vehicle owner to sell or
otherwise dispose of any motor vehicle, for which the registration and license
plates have been suspended, to any member of his family residing in the same
household. Any person violating the provisions of this section is guilty of a
misdemeanor and, upon conviction, must be fined not less than one hundred dollars
nor more than two hundred dollars or imprisoned for thirty days and, upon
conviction of a second offense, be fined two hundred dollars or imprisoned for
thirty days, or both, and for a third and subsequent offenses must be imprisoned
for not less than forty-five days nor more than six months. Only convictions
which occurred within five years including and immediately preceding the date of
the last conviction constitute prior convictions within the meaning of this
section."
Violating Section 56-5-2770(a) or (e), misdemeanor; penalty
SECTION 25. Article 21, Chapter 5, Title 56 of the 1976 Code is amended by
adding:
"Section 56-5-2775. The driver of any vehicle violating the provisions
of Section 56-5-2770(a) or (e) is guilty of a misdemeanor and, upon conviction,
must be punished by a fine of not less than one hundred dollars nor more than two
hundred dollars or imprisonment for not more than thirty days."
Forfeiture, confiscation of certain vehicles; sale; disbursement, use of
proceeds; etc.
SECTION 26. Article 43, Chapter 5, Title 56 of the 1976 Code is amended by
adding:
"Section 56-5-6240. (A) In addition to the penalties for persons
convicted of a fourth or subsequent violation within the last ten years of
operating a motor vehicle while his license is canceled, suspended, or revoked
(DUS), or a fourth or subsequent violation within the last ten years of operating
a motor vehicle while under the influence of intoxicating liquor or drugs (DUI),
the persons must have the motor vehicle they drove during this offense forfeited
if the offender is the owner of record, or a resident of the household of the
owner of record under the terms and conditions as provided in subsections (B) and
(C) and must be confiscated by the arresting officer or other law enforcement
officer of that agency at the time of arrest, which officer shall deliver it
immediately to the head of his law enforcement agency or his authorized agent who
shall notify the clerk of court within forty-eight hours of the confiscation.
However, the clerk of court shall issue a Rule to Show Cause immediately upon
notification of the confiscation which must be returnable before the presiding
judge of the judicial circuit or his designated hearing officer within ten days
from the date of issuance of the Rule to Show Cause and the vehicle must be
returned to the owner of record if he can show by a preponderance of the evidence
that (1) the use of the vehicle was not either expressly or impliedly authorized,
or (2) the owner of record did not know that the driver had no valid license.
Forfeiture of a vehicle is subordinate in priority to all valid liens.
The law enforcement agency confiscating the vehicle shall provide notice by
certified mail of the confiscation to all lienholders of record within ten days
of the confiscation.
(B) Upon the conviction of the person driving the vehicle, or upon his plea
of guilty or nolo contendere to these offenses, the attorney representing the
governmental entity of which that law enforcement agency is a part shall initiate
an action in the circuit court of the county in which the vehicle was seized to
accomplish forfeiture by giving notice to owners of record, lienholders of
record, and other persons claiming an interest in the vehicle subject to
forfeiture and by giving these persons an opportunity to appear and show why the
vehicle should not be forfeited and disposed of as provided for by this section.
Failure of a person claiming an interest in the vehicle to appear at the above
proceeding after having been given notice constitutes a waiver of the claim;
however, the failure to appear does not in any way alter or affect the claim of
a lienholder of record. The court, after hearing, shall order that the vehicle
be forfeited to the State or to the political subdivision of the State of which
the law enforcement agency is a part and sold in the manner provided herein, or
returned to the owner of record. The court shall order a vehicle returned to the
owner of record if it is shown by a preponderance of the evidence that: (1) the
use of the vehicle on the occasion of arrest was not either expressly or
impliedly authorized, or (2) the owner of record did not know that the driver had
no valid driver's license. Otherwise, the court shall order the vehicle
forfeited. Forfeiture of a vehicle is subordinate in priority to all valid liens
and encumbrances.
Notice of the above proceedings must be accomplished by personal service of the
owner of record, lienholder of record, if any, and any other person claiming an
interest in the vehicle of a certified copy of the petition or notice of hearing,
and by publication of notice in a newspaper of general circulation in the county
where the vehicle was seized for at least two successive weeks before the
hearing.
Property constituted forfeited property by this section must be sold as
provided in subsection (C).
(C) The law enforcement agency making the arrest or its authorized agent shall
sell the confiscated vehicle at public auction for cash to the highest bidder in
front of the county courthouse in the county where it was confiscated or at
another suitable location in that county after having given ten days' public
notice of the sale by posting advertisement on the door or bulletin board of the
county courthouse or other location of the public auction, and by publishing an
advertisement of the auction at least once in a newspaper of general circulation
in the county at least ten days before the auction. Upon the sale, the agency
or its agent shall pay over the net proceeds, after payment of the liens and
encumbrances on the vehicle, and after payment of the proper costs and expenses,
if any, of the seizure, advertisement, and sale including any proper expense
incurred for the storage of the confiscated vehicle, to the State or the
political subdivision of this State of which the law enforcement agency is a
part, for use in law enforcement."
Arrests under Chapter 5, Title 56; determination of prior convictions; sentence
SECTION 27. The 1976 Code is amended by adding:
"Section 56-5-6250. When an arrest is made under the provisions of this
chapter, the arresting officer must make every effort to determine prior
convictions under this chapter. In no instance is sentence to be imposed on a
defendant until the court is satisfied prior convictions are properly considered
as a part of the sentence."
Suspension of license, convicted driver; prior violations; barred from licensure;
etc.
SECTION 28. Section 56-5-2990 of the 1976 Code is amended to read:
"Section 56-5-2990. The department shall suspend the driver's license of
any person who is convicted, receives sentence upon a plea of guilty or of nolo
contendere, or forfeits bail posted for the violation of Section 56-5-2930 or for
the violation of any other law or ordinance of this State or of any municipality
of this State that prohibits any person from operating a motor vehicle while
under the influence of intoxicating liquor, drugs, or narcotics for six months
for the first conviction, plea of guilty or of nolo contendere, or forfeiture of
bail, one year for the second conviction, plea of guilty or of nolo contendere,
or forfeiture of bail, two years for the third offense, three years for the
fourth offense, and a permanent revocation of the driver's license for fifth and
subsequent offenses. Only those violations which occurred within ten years
including and immediately preceding the date of the last violation shall
constitute prior violations within the meaning of this section. Any person whose
license is revoked following conviction for a fifth offense as provided in this
section is forever barred from being issued any license by the department to
operate a motor vehicle.
Any person whose license is suspended under the provisions of this section must
be notified of suspension by the Department of Highways and Public Transportation
of the requirement to be evaluated by and successfully complete an Alcohol and
Drug Safety Action Program certified by the South Carolina Commission on Alcohol
and Drug Abuse prior to reinstatement of the license. An assessment of the
degree and kind of alcohol and drug abuse problem, if any, of the applicant must
be prepared and a plan of education or treatment or both must be developed based
upon the assessment. Entry into and successful completion of the services, if
such services are necessary, recommended in the plan of education or treatment
or both developed for the applicant is a mandatory requirement of the restoration
of driving privileges to the applicant. The applicant shall bear the cost of the
services to be determined by the administering agency and approved by the
Commission on Alcohol and Drug Abuse. The cost shall not exceed fifty dollars
for assessment, one hundred dollars for education services, and two hundred fifty
dollars in total for any and all services. No applicant may be denied services
due to an inability to pay. The applicant shall be terminated from the Alcohol
and Drug Safety Action Program no later than six months after the date of program
enrollment. If the applicant has not successfully completed the services as
directed by the Alcohol and Drug Safety Action Program by the end of the
six-month period of enrollment, a hearing must be provided by the administering
agency and if further needed by the commission. If the applicant is unsuccessful
in the Alcohol and Drug Safety Action Program the department may restore the
privilege to operate a motor vehicle upon the recommendation of the Medical
Advisory Board as utilized by the department if it determines public safety and
welfare of the petitioner may not be endangered.
The department and the commission shall develop procedures necessary for the
communication of information pertaining to relicensing or otherwise. Such
procedures must be consistent with the confidentiality laws of the State and the
United States. Successful completion of education, treatment services, or both,
for purposes of receiving a provisional driver's license as stipulated in Section
56-1-1330 may be substituted in lieu of services received under the authority of
this section at the discretion of the applicant. If the driver's license of any
person is suspended by authority of this section, no insurance company may refuse
to issue insurance to cover the remaining members of his family, but the
insurance company is not liable for any actions of the person whose license has
been suspended or who has voluntarily turned his license in to the
department."
Designated driver for fire extinguishment, special endorsement; safety officers;
etc.
SECTION 29. Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-135. (A) Notwithstanding the provisions of Section
56-1-130, any person designated to drive a motor vehicle whose primary purpose
is the extinguishment of a fire, including volunteer firemen, may have a special
endorsement affixed to his driver's license which authorizes him to drive this
motor vehicle.
(B) Every political subdivision of this State employing law enforcement
officers must designate one officer as its safety officer. The safety officer
must meet the qualifications set forth in department guidelines; however, he does
not have to be a full-time employee. Any person desiring to drive the motor
vehicle referred to in subsection (A) of this section must demonstrate his
ability to exercise ordinary and reasonable control in the operation of this
motor vehicle to one of these officers. The fire department, including volunteer
fire departments, must submit a list of those members of its department
designated to drive the motor vehicle referred to in subsection (A) of this
section to the Department of Highways and Public Transportation.
(C) It is the responsibility of the agency or department who operates the
motor vehicle to keep the list of designated drivers current. Any changes in the
list of drivers must be reported to the Department of Highways and Public
Transportation within thirty days from the change."
Surrender of driver's license; fine; punishable offense; etc.
SECTION 30. The 1976 Code is amended by adding:
"Section 56-1-365. Any person who forfeits bail posted for, is convicted
of, or pleads guilty or nolo contendere in general session, municipal, or
magistrate's court to an offense which as part of the punishment to be imposed
requires that his driver's license be revoked or suspended shall surrender
immediately or cause to be surrendered his driver's license to the clerk of court
or magistrate upon the verdict or plea. The defendant must be notified at the
time of arrest of his obligation to bring, and surrender his license, if
convicted, to the court or magistrate at the time of his trial, and if he fails
to produce his license after conviction, he may be fined in an amount not to
exceed two hundred dollars. If the defendant fails subsequently to surrender his
license to the clerk or magistrate immediately after conviction, he must be fined
not less than fifty dollars nor more than two hundred dollars.
The department may collect from the clerk of court or magistrate the driver's
license and ticket immediately after receipt. Along with the driver's license,
the clerks and magistrates shall give the department's agents tickets, arrest
warrants, and other documents or copies of them, as necessary for the department
to process the revocation or suspension of the licenses. If the department does
not collect the license and ticket immediately, the magistrate or clerk shall
forward the license, ticket, and other documentation to the department within
five days after receipt. Any clerk or magistrate who wilfully fails or neglects
to forward the driver's license and ticket as required is liable to indictment
and, upon conviction, must be fined not exceeding five hundred dollars.
The department shall notify the defendant of the suspension or revocation.
Except as provided below, if the defendant surrendered his license to the
magistrate or clerk immediately after conviction the effective date of the
revocation or suspension is the date of surrender. If the magistrate or clerk
wilfully fails to forward the license and ticket to the department within five
days, the suspension or revocation does not commence until the department
receives them. If the defendant is already under suspension for a previous
offense at the time of his conviction or plea, the period of suspension for the
subsequent offense runs consecutively and does not commence until the expiration
of the suspension or revocation for the prior offense.
If the defendant fails to surrender his license, the suspension or revocation
operates as otherwise provided by law.
If the defendant surrenders his license, upon conviction, and subsequently
files a notice of appeal, the appeal shall act as a supersedeas as provided in
Section 56-1-430. Upon payment of a ten-dollar fee and presentment by the
defendant of a certified or clocked-in copy of the notice of appeal, the
department shall issue him a certificate on a form prescribed and furnished by
the department which entitles him to operate a motor vehicle for a period of
sixty days after the verdict or plea. The certificate must be kept in the
defendant's possession while operating a motor vehicle during the sixty-day
period, and failure to have it in his possession is punishable in the same manner
as failure to have a driver's license in possession while operating a motor
vehicle."
Provisional drivers' licenses; provisions, language deleted
SECTION 31. Section 56-1-1320 of the 1976 Code is amended to read:
"Section 56-1-1320. A person with a South Carolina driver's license or
a person exempted from the licensing requirements by Section 56-1-30, who is or
has been convicted of a first offense violation of an ordinance of a
municipality, or law of this State, that prohibits a person from operating a
vehicle while under the influence of intoxicating liquor, drugs or narcotics, and
whose license is not presently suspended for any other reason, may apply to the
Motor Vehicle Division of the department to obtain a provisional driver's license
of a design to be determined by the department, to operate a motor vehicle. The
person shall enter an Alcohol and Drug Safety Action Program as provided for in
Section 56-1-1330, shall furnish proof of responsibility as provided for in
Section 56-1-1350, and shall pay to the department a fee of five dollars for the
provisional driver's license.
The provisional driver's license is not valid for more than six months from the
date of issue shown on the license.
The determination of whether or not a provisional driver's license may be
issued pursuant to the provisions of this article as well as reviews of
cancellations or suspensions under Sections 56-1-370 and 56-1-820 of the 1976
Code must be made by the Director of the Motor Vehicle Division of the department
or his designee."
Time effective
SECTION 32. This act takes effect January 1, 1989, except where provided
otherwise in this act. |