S 1341 Session 110 (1993-1994)
S 1341 General Bill, By Drummond
A Bill to amend Section 1-30-90, Code of Laws of South Carolina, 1976,
relating to the divisions of the Department of Public Safety, so as to revise
the sections transferred to the Department; to amend Section 1-30-95, relating
to the divisions of the Department of Revenue and Taxation, so as to revise
the name of the Department and the Sections transferred to the
Department.-short title
04/13/94 Senate Introduced and read first time SJ-3
04/13/94 Senate Referred to Committee on Finance SJ-12
A BILL
TO AMEND SECTION 1-30-90, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE DIVISIONS OF THE
DEPARTMENT OF PUBLIC SAFETY, SO AS TO REVISE THE
SECTIONS TRANSFERRED TO THE DEPARTMENT; TO AMEND
SECTION 1-30-95, RELATING TO THE DIVISIONS OF THE
DEPARTMENT OF REVENUE AND TAXATION, SO AS TO
REVISE THE NAME OF THE DEPARTMENT AND THE
SECTIONS TRANSFERRED TO THE DEPARTMENT; TO AMEND
SECTION 15-9-380, AS AMENDED, RELATING TO THE
PROCEDURE USED WHEN A NONRESIDENT MOTORIST DOES
NOT ACCEPT SERVICE, SO AS TO CHANGE THE REFERENCE
TO THE DEPARTMENT OF PUBLIC SAFETY TO THE
DEPARTMENT OF REVENUE; TO AMEND SECTION 23-6-20,
RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT
OF PUBLIC SAFETY, SO AS TO REVISE THE DIVISIONS
WITHIN THE DEPARTMENT; TO AMEND SECTION 23-6-30,
RELATING TO THE DUTIES AND POWERS OF THE
DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE THE
DUTIES PERTAINING TO LICENSE SUSPENSIONS AND
REVOCATIONS AND THE AUTOMATED SYSTEM FOR
DRIVERS' LICENSING RECORDS; TO AMEND SECTION
31-17-510, AS AMENDED, RELATING TO DEFINITIONS
PERTAINING TO TRAVEL TRAILER SALES, SO AS TO
CHANGE THE REFERENCE TO THE DEPARTMENT OF PUBLIC
SAFETY TO THE DEPARTMENT OF REVENUE; TO AMEND
SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS
PERTAINING TO DRIVERS' LICENSES, SO AS TO REVISE THE
REFERENCE TO THE DEPARTMENT OF REVENUE AND
TAXATION AND CHANGE THE REFERENCES TO THE
DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF
REVENUE; TO AMEND SECTION 56-1-270, AS AMENDED,
RELATING TO THE ACTION ON A DRIVER'S LICENSE WHEN
A PERSON IS MENTALLY OR PHYSICALLY DISABLED, SO AS
TO CHANGE THE REFERENCE TO THE DEPARTMENT OF
REVENUE AND TAXATION TO THE DEPARTMENT OF
REVENUE; TO AMEND SECTION 56-1-280, AS AMENDED,
RELATING TO MANDATORY SUSPENSION OR REVOCATION
OF A DRIVER'S LICENSE, SECTION 56-1-290, AS AMENDED,
RELATING TO THE REVOCATION OF DRIVERS' LICENSES
FOR OPERATING UNLICENSED TAXIS, SECTION 56-1-300, AS
AMENDED, RELATING TO THE SUSPENSION OR
REVOCATION OF A DRIVER'S LICENSE WITHOUT A
PRELIMINARY HEARING, SECTION 56-1-310, AS AMENDED,
RELATING TO THE SUSPENSION OR REVOCATION OF A
NONRESIDENT DRIVER'S LICENSE, SECTION 56-1-320, AS
AMENDED, RELATING TO THE SUSPENSION OR
REVOCATION OF A DRIVER'S LICENSE UPON CONVICTION
IN ANOTHER STATE, SECTION 56-1-330, AS AMENDED,
RELATING TO THE REPORTING OF CONVICTIONS, AND
SECTION 56-1-340, AS AMENDED, RELATING TO REPORTS OF
CONVICTIONS AND RECORDS SENT TO OTHER STATES, SO
AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF
PUBLIC SAFETY TO THE DEPARTMENT OF REVENUE; TO
AMEND SECTION 56-1-350, AS AMENDED, RELATING TO THE
SURRENDER OF DRIVERS' LICENSES, SO AS TO CHANGE
THE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY
TO THE DEPARTMENT OF REVENUE AND REVISE THE NAME
OF THE DEPARTMENT OF REVENUE AND TAXATION; TO
AMEND SECTION 56-1-360, AS AMENDED, RELATING TO
PROOF OF NOTICE OF A DRIVER'S LICENSE, SO AS TO
CHANGE THE REFERENCES TO THE DEPARTMENT OF
PUBLIC SAFETY TO THE DEPARTMENT OF REVENUE AND
TO THE DEPUTY DIRECTOR OF THE MOTOR VEHICLE
RECORDS DIVISION TO THE DEPUTY DIRECTOR OR HIS
DESIGNEE; TO AMEND SECTION 56-1-365, AS AMENDED,
RELATING TO THE SURRENDER OF A DRIVER'S LICENSE
AND PENALTIES, SECTION 56-1-370, AS AMENDED,
RELATING TO THE REVIEW OF SUSPENSION,
CANCELLATION, OR REVOCATION OF DRIVERS' LICENSES,
SECTION 56-1-380, AS AMENDED, RELATING TO THE
RENEWAL OR RESTORATION OF A SUSPENDED OR
REVOKED LICENSE, AND SECTION 56-1-390, AS AMENDED,
RELATING TO THE FEES TO REINSTATE OR RENEW A
DRIVER'S LICENSE, SO AS TO CHANGE THE REFERENCES
TO THE DEPARTMENT OF PUBLIC SAFETY TO THE
DEPARTMENT OF REVENUE; TO AMEND SECTION 56-1-400,
AS AMENDED, RELATING TO THE SURRENDER AND RETURN
OF A SUSPENDED OR REVOKED DRIVER'S LICENSE, SO AS
TO CHANGE THE REFERENCES TO THE DEPARTMENT OF
PUBLIC SAFETY TO THE DEPARTMENT OF REVENUE AND
DELETE THE NOTIFICATION REQUIREMENT BY THE
DEPARTMENT OF REVENUE; TO AMEND SECTION 56-1-420,
AS AMENDED, RELATING TO THE FULL TERM OF THE
SUSPENSION OR REVOCATION OF A DRIVER'S LICENSE,
SECTION 56-1-460, AS AMENDED, RELATING TO THE
PENALTIES FOR DRIVING UNDER A CANCELED,
SUSPENDED, OR REVOKED DRIVER'S LICENSE, SECTION
56-1-463, AS AMENDED, RELATING TO THE
INAPPLICABILITY OF DRIVING UNDER SUSPENSION
PENALTIES, AND SECTION 56-1-475, AS AMENDED,
RELATING TO DRIVING WITH A VALID OUT-OF-STATE
LICENSE AFTER SUSPENSION, SO AS TO CHANGE THE
REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY TO
THE DEPARTMENT OF REVENUE; TO AMEND SECTION
56-1-510, AS AMENDED, RELATING TO THE PENALTIES FOR
THE UNLAWFUL USE OF A DRIVER'S LICENSE AND FOR A
FRAUDULENT APPLICATION, SO AS TO CLARIFY THE
REFERENCE TO THE DEPARTMENT OF REVENUE AND
DELETE THE REFERENCE TO THE DEPARTMENT OF PUBLIC
SAFETY; TO AMEND SECTION 56-1-540, AS AMENDED,
RELATING TO THE INDEXES, REPORTS, AND RECORDS
PERTAINING TO DRIVERS' LICENSES, SO AS TO CLARIFY
THE REFERENCE TO THE DEPARTMENT OF REVENUE; TO
AMEND SECTION 56-1-550, AS AMENDED, RELATING TO THE
USE OF FEES COLLECTED BY THE DEPARTMENTS OF
PUBLIC SAFETY AND REVENUE AND TAXATION, SO AS TO
CHANGE THE REFERENCE TO THE DEPARTMENT OF
REVENUE AND TAXATION TO THE DEPARTMENT OF
REVENUE; TO AMEND SECTION 56-1-630, AS AMENDED,
RELATING TO THE DEFINITIONS PERTAINING TO THE
DRIVER LICENSE COMPACT, SECTION 56-1-740, AS
AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S
LICENSE BASED ON THE POINT SYSTEM, SECTION 56-1-746,
AS AMENDED, RELATING TO CERTAIN CIRCUMSTANCES
UNDER WHICH A DRIVER'S LICENSE MAY BE SUSPENDED,
AND SECTION 56-1-790, AS AMENDED, RELATING TO
REPORTS AND RECORDS OF OUT-OF-STATE DRIVING
CONVICTIONS, SO AS TO CHANGE THE REFERENCES TO
THE DEPARTMENT OF PUBLIC SAFETY TO THE
DEPARTMENT OF REVENUE; TO AMEND SECTION 56-1-800,
AS AMENDED, RELATING TO COPIES OF REPORTS OF
TRAFFIC OFFENSES, SO AS TO CHANGE THE REFERENCES
TO THE DEPARTMENT OF PUBLIC SAFETY TO THE
DEPARTMENT OF REVENUE AND THE MOTOR VEHICLE
DIVISION TO THE DEPARTMENT'S DIRECTOR OR HIS
DESIGNEE; TO AMEND SECTION 56-1-810, AS AMENDED,
RELATING TO NOTIFICATION OF SUSPENSION AND
SURRENDER OF A DRIVER'S LICENSE, SO AS TO CHANGE
THE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY
AND THE DEPARTMENT OF REVENUE AND TAXATION TO
THE DEPARTMENT OF REVENUE; TO AMEND SECTION
56-1-820, AS AMENDED, RELATING TO THE REVIEW OF A
DRIVER'S LICENSE SUSPENSION, SO AS TO CHANGE THE
REFERENCE TO THE DEPARTMENT OF PUBLIC SAFETY TO
THE DEPARTMENT OF REVENUE; TO AMEND SECTION
56-1-830, AS AMENDED, RELATING TO JUDICIAL REVIEW OF
THE SUSPENSION OF A DRIVER'S LICENSE, SO AS TO
CHANGE THE REFERENCES TO THE DEPARTMENT OF
PUBLIC SAFETY TO THE DEPARTMENT OF REVENUE AND
THE DEPUTY DIRECTOR OF THE MOTOR VEHICLE RECORDS
AND VEHICLE INSPECTION DIVISION TO THE
DEPARTMENT'S DIRECTOR OR HIS DESIGNEE; TO AMEND
SECTION 56-1-850, AS AMENDED, RELATING TO
MANDATORY PROVISIONS FOR SUSPENDING, REVOKING,
OR CANCELING A DRIVER'S LICENSE, SO AS TO CHANGE
THE REFERENCE TO THE DEPARTMENT OF PUBLIC SAFETY
TO THE DEPARTMENT OF REVENUE; TO AMEND SECTION
56-1-1020, AS AMENDED, RELATING TO THE DEFINITIONS OF
HABITUAL OFFENDER AND CONVICTION, SO AS TO
CHANGE THE REFERENCES TO THE DEPARTMENT OF
PUBLIC SAFETY TO THE DEPARTMENT OF REVENUE; TO
AMEND SECTION 56-1-1030, AS AMENDED, RELATING TO
THE REVOCATION, OR SUSPENSION OF THE DRIVER'S
LICENSE OF AN HABITUAL OFFENDER; AND SECTION
56-1-1090, AS AMENDED, RELATING TO LICENSES FOR
HABITUAL OFFENDERS, SO AS TO CHANGE THE
REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY TO
THE DEPARTMENT OF REVENUE; TO AMEND SECTION
56-1-1100, AS AMENDED, RELATING TO PENALTIES
PERTAINING TO MOTOR VEHICLES, SO AS TO CHANGE THE
REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY TO
THE DEPARTMENT OF REVENUE OR THE COURT; TO
AMEND SECTION 56-1-1130, AS AMENDED, RELATING TO
NOTIFICATION OF POTENTIAL HABITUAL OFFENDERS, SO
AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF
PUBLIC SAFETY TO THE DEPARTMENT OF REVENUE; TO
AMEND SECTION 56-1-1320, AS AMENDED, RELATING TO
THE ISSUANCE OF PROVISIONAL DRIVERS' LICENSES, SO AS
TO CHANGE THE REFERENCES TO THE DEPARTMENT OF
PUBLIC SAFETY AND ITS MOTOR VEHICLE DIVISION TO
THE DEPARTMENT OF REVENUE; TO AMEND SECTION
56-1-1330, AS AMENDED, RELATING TO THE ALCOHOL AND
DRUG SAFETY ACTION PROGRAM, SO AS TO REVISE THE
NAME OF THE COMMISSION ON ALCOHOL AND DRUG
ABUSE TO CONFORM TO THE RESTRUCTURING ACT AND
CHANGE THE REFERENCES TO THE DEPARTMENT OF
PUBLIC SAFETY TO THE DEPARTMENT OF REVENUE; TO
AMEND SECTION 56-1-1340, AS AMENDED, RELATING TO
THE POSSESSION AND RECORDING OF A PROVISIONAL
LICENSE, SECTION 56-1-1730, AS AMENDED, RELATING TO
A MOPED OPERATOR'S LICENSE, SECTION 56-1-2050, AS
AMENDED, RELATING TO NOTIFICATION OF SUSPENSION,
REVOCATION, AND CANCELLATIONS OF COMMERCIAL
DRIVERS' LICENSES AND RELATED CONVICTIONS, SECTION
56-1-2100, AS AMENDED, RELATING TO THE REQUIREMENTS
FOR A COMMERCIAL DRIVER'S LICENSE, SECTION 56-1-2110,
AS AMENDED, RELATING TO THE DISQUALIFICATIONS
FROM DRIVING A COMMERCIAL VEHICLE, SECTION
56-1-2130, AS AMENDED, RELATING TO TESTS FOR
ALCOHOL AND DRUGS FOR COMMERCIAL DRIVERS, AND
SECTION 56-1-2140, AS AMENDED, RELATING TO
CONVICTION OF NONRESIDENT COMMERCIAL DRIVERS, SO
AS TO CHANGE THE REFERENCES TO THE DEPARTMENT OF
PUBLIC SAFETY TO THE DEPARTMENT OF REVENUE; TO
AMEND SECTION 56-1-3350, RELATING TO SPECIAL
IDENTIFICATION CARDS ISSUED BY THE DEPARTMENT OF
REVENUE AND TAXATION, SO AS TO CHANGE THE
REFERENCES TO THE DEPARTMENT OF REVENUE AND
TAXATION AND ITS MOTOR VEHICLE DIVISION TO THE
DEPARTMENT OF REVENUE; TO AMEND SECTION 56-3-20, AS
AMENDED, RELATING TO DEFINITIONS PERTAINING TO
MOTOR VEHICLE REGISTRATION AND LICENSING, SO AS TO
CHANGE THE REFERENCE TO THE DEPARTMENT OF
REVENUE AND TAXATION TO THE DEPARTMENT OF
REVENUE; TO AMEND SECTION 56-3-250, AS AMENDED,
RELATING TO THE REQUIREMENT FOR PAYMENT OF TAXES
BEFORE REGISTRATION AND LICENSING, SO AS TO
CLARIFY A REFERENCE TO DEPARTMENT AND CHANGE
THE REFERENCE TO THE TAX COMMISSION TO THE
DEPARTMENT OF REVENUE; TO AMEND SECTION 56-3-360,
AS AMENDED, RELATING TO THE REGISTRATION
SUSPENSION OF A STOLEN OR CONVERTED VEHICLE, SO AS
TO CHANGE THE REFERENCE TO THE DEPARTMENT OF
PUBLIC SAFETY TO THE DEPARTMENT OF REVENUE; TO
AMEND SECTION 56-3-1330, AS AMENDED, RELATING TO
THE SUSPENSION, CANCELLATION, OR REVOCATION OF A
VEHICLE'S REGISTRATION AND LICENSE, SO AS TO
CHANGE CERTAIN REFERENCES FROM THE DEPARTMENT
OF PUBLIC SAFETY AND CHANGE A REFERENCE FROM THE
DEPARTMENT OF REVENUE AND TAXATION TO THE
DEPARTMENT OF REVENUE AND INCLUDE A REFERENCE
TO OTHER LAW ENFORCEMENT AGENCIES; TO AMEND
SECTION 56-3-1972, AS AMENDED, RELATING TO UNIFORM
PARKING VIOLATIONS TICKETS, SECTION 56-3-1973, AS
AMENDED, RELATING TO THE PRINTING, COST, AND COPIES
OF THE TICKETS, AND SECTION 56-3-1974, AS AMENDED,
RELATING TO PENALTIES FOR AND JURISDICTION OF
TICKETS, SO AS TO CHANGE THE REFERENCES TO THE
DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF
REVENUE; TO AMEND SECTION 56-5-370, AS AMENDED,
RELATING TO THE DEFINITION OF DEPARTMENT, SO AS TO
CHANGE THE REFERENCE TO THE DEPARTMENT OF PUBLIC
SAFETY TO THE DEPARTMENT OF TRANSPORTATION; TO
AMEND SECTION 56-5-2585, AS AMENDED, RELATING TO
THE EXEMPTION FROM PARKING METER FEES FOR
DISABLED VETERANS, SO AS TO CHANGE THE REFERENCE
TO THE DEPARTMENT OF REVENUE AND TAXATION TO THE
DEPARTMENT OF REVENUE; TO AMEND SECTION 56-5-2945,
AS AMENDED, RELATING TO THE OFFENSE OF CAUSING
GREAT BODILY INJURY OR DEATH BY OPERATING A
VEHICLE WHILE UNDER THE INFLUENCE, AND SECTION
56-5-2950, AS AMENDED, RELATING TO THE IMPLIED
CONSENT TO TESTS OF A MOTOR VEHICLE OPERATOR, SO
AS TO CLARIFY THE REFERENCES TO DEPARTMENT; TO
AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO
THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON
CONVICTED OF DRIVING UNDER THE INFLUENCE, SO AS TO
CLARIFY CERTAIN REFERENCES TO DEPARTMENT, CHANGE
THE REFERENCE TO THE DEPARTMENT OF REVENUE AND
TAXATION TO THE DEPARTMENT OF REVENUE, AND
CHANGE THE REFERENCES TO THE COMMISSION ON
ALCOHOL AND DRUG ABUSE TO CONFORM TO THE
RESTRUCTURING ACT; TO AMEND SECTION 56-5-4070, AS
AMENDED, RELATING TO THE REQUIREMENTS AND
LIMITATIONS FOR MOTOR VEHICLES, SO AS TO CHANGE
THE REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY
TO THE DEPARTMENT OF TRANSPORTATION; TO AMEND
SECTION 56-5-4075, AS AMENDED, RELATING TO
REGULATIONS PERTAINING TO THE REQUIREMENTS FOR
MOTOR VEHICLES, SO AS TO DELETE THE REFERENCE TO
THE DEPARTMENT OF REVENUE AND TAXATION; TO
AMEND SECTION 56-5-4095, AS AMENDED, RELATING TO
THE TRANSPORTATION OF MODULAR OR SECTIONAL
HOUSING UNITS, AND SECTION 56-5-4140, AS AMENDED,
RELATING TO THE GROSS WEIGHT OF VEHICLES AND
THEIR COMBINATIONS AND LOADS, SO AS TO CHANGE THE
REFERENCES TO THE DEPARTMENT OF REVENUE AND
TAXATION TO THE DEPARTMENT OF TRANSPORTATION; TO
AMEND SECTION 56-5-4150, AS AMENDED, RELATING TO
THE INVESTIGATION AND REGISTRATION OF
TRANSPORTING VEHICLES, SO AS TO CHANGE THE
REFERENCES TO THE DEPARTMENT OF REVENUE AND
TAXATION AND THE DEPARTMENT OF REVENUE; TO
AMEND SECTION 56-5-4170, AS AMENDED, RELATING TO
PERMITS FOR NONCONFORMING VEHICLES, SECTION
56-5-4175, AS AMENDED, RELATING TO PERMITS FOR SHEET
TOBACCO TRUCKS, SECTION 56-5-4180, AS AMENDED,
RELATING TO PERMITS FOR MOVING OVER DIMENSIONAL
OR OVERWEIGHT NONDIVISIBLE LOADS, AND SECTION
56-5-4185, AS AMENDED, RELATING TO PERMITS FOR
COTTON MODULAR VEHICLES, SO AS TO CHANGE THE
REFERENCES TO THE DEPARTMENT OF REVENUE AND
TAXATION TO THE DEPARTMENT OF TRANSPORTATION
AND DELETE A REFERENCE TO THE DEPARTMENT OF
REVENUE AND TAXATION; TO AMEND SECTION 56-5-4190,
AS AMENDED, RELATING TO PERMITS TO MOVE OVERSIZE
MOBILE HOMES, MODULAR HOME UNITS, AND UTILITY
BUILDINGS, SECTION 56-5-4200, AS AMENDED, RELATING TO
THE FEES AND RECORDS FOR CERTAIN PERMITS, AND
SECTION 56-5-4205, AS AMENDED, RELATING TO PERMITS
FOR MOVING CERTAIN OVERLOADS AND OVERSIZE
VEHICLES, SO AS TO CHANGE THE REFERENCES TO THE
DEPARTMENT OF REVENUE AND TAXATION TO THE
DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION
56-5-5400, AS AMENDED, RELATING TO REGULATIONS
PERTAINING TO VEHICLE EQUIPMENT AND
IDENTIFICATION, SO AS TO DELETE THE REFERENCE TO
THE DEPARTMENT OF REVENUE AND TAXATION; TO
AMEND SECTION 56-5-5420, AS AMENDED, RELATING TO
INSPECTION STATIONS, SO AS TO CHANGE THE REFERENCE
TO THE DEPARTMENT OF PUBLIC SAFETY TO THE
DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION
56-5-5670, AS AMENDED, RELATING TO VEHICLE
DEMOLISHERS, AND SECTION 56-5-5810, AS AMENDED,
RELATING TO DEFINITIONS PERTAINING TO ABANDONED
OR DERELICT VEHICLES, SO AS TO CHANGE THE
REFERENCES TO THE DEPARTMENT OF REVENUE AND
TAXATION TO THE DEPARTMENT OF REVENUE; TO AMEND
SECTION 56-5-5850, AS AMENDED, RELATING TO
REQUIREMENTS FOR ABANDONED OR DERELICT VEHICLES,
SECTION 56-5-5860, AS AMENDED, RELATING TO TITLES
AND RECORDS FOR ABANDONED OR DERELICT VEHICLES,
SECTION 56-5-6140, AS AMENDED, RELATING TO THE
MAILING OF MOVING VIOLATIONS, SECTION 56-7-10, AS
AMENDED, RELATING TO THE UNIFORM TRAFFIC TICKET,
SECTION 56-9-20, AS AMENDED, RELATING TO DEFINITIONS
PERTAINING TO THE MOTOR VEHICLE FINANCIAL
RESPONSIBILITY, SECTION 56-10-20, AS AMENDED,
RELATING TO THE MOTOR VEHICLE SECURITY
REQUIREMENT; SECTION 56-10-40, AS AMENDED, RELATING
TO NOTIFICATION BY INSURANCE AND SECURITY
PROVIDERS, AND SECTION 56-10-210, AS AMENDED,
RELATING TO DEFINITIONS PERTAINING TO VEHICLE
INSURANCE REQUIREMENTS, SO AS TO CHANGE THE
REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY TO
THE DEPARTMENT OF REVENUE; TO AMEND SECTION
56-10-220, AS AMENDED, RELATING TO PROOF OF VEHICLE
INSURANCE, AND SECTION 56-10-240, AS AMENDED,
RELATING TO THE REQUIREMENTS UPON THE LOSS OF
INSURANCE, SO AS TO CHANGE THE REFERENCES TO THE
DEPARTMENT OF REVENUE AND TAXATION TO THE
DEPARTMENT OF REVENUE; TO AMEND SECTION 56-10-290,
AS AMENDED, RELATING TO THE ENFORCEMENT OF
VEHICLE INSURANCE REQUIREMENTS, SO AS TO CHANGE
THE REFERENCE TO THE DEPARTMENT OF PUBLIC
TRANSPORTATION TO THE DEPARTMENT OF REVENUE; TO
AMEND SECTION 56-15-10, AS AMENDED, RELATING TO
DEFINITIONS PERTAINING TO VEHICLE MANUFACTURERS,
DISTRIBUTORS, AND DEALERS, AND SECTION 56-16-10, AS
AMENDED, RELATING TO DEFINITIONS PERTAINING TO
MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, DEALERS,
AND WHOLESALERS, SO AS TO CHANGE THE REFERENCES
TO THE DEPARTMENT OF PUBLIC SAFETY TO THE
DEPARTMENT OF REVENUE; TO AMEND SECTION 56-19-10,
AS AMENDED, RELATING TO THE DEFINITIONS PERTAINING
TO VEHICLE TITLES AND INTERESTS, SO AS TO CHANGE
THE REFERENCES TO THE DEPARTMENT OF REVENUE AND
TAXATION TO THE DEPARTMENT OF REVENUE; TO AMEND
SECTION 56-25-10, AS AMENDED, RELATING TO
NONRESIDENT TRAFFIC VIOLATOR COMPACTS, SO AS TO
CHANGE THE REFERENCE TO THE DEPARTMENT OF PUBLIC
SAFETY TO THE DEPARTMENT OF REVENUE; TO AMEND
SECTION 56-27-10, AS AMENDED, RELATING TO
DEFINITIONS PERTAINING TO PROFESSIONAL
HOUSEMOVING, SO AS TO CHANGE THE REFERENCE TO
THE DEPARTMENT OF PUBLIC SAFETY TO THE
DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION
56-29-20, AS AMENDED, RELATING TO DEFINITIONS
PERTAINING TO THE VEHICLE CHOP SHOP, STOLEN, AND
ALTERED PROPERTY ACT, SECTION 56-29-50, AS AMENDED,
RELATING TO VEHICLE FORFEITURE PROVISIONS, AND
SECTION 56-31-50, AS AMENDED, RELATING TO THE
RENTAL OF PRIVATE PASSENGER AUTOMOBILES, SO AS TO
CHANGE THE REFERENCES TO THE DEPARTMENT OF
REVENUE AND TAXATION TO THE DEPARTMENT OF
REVENUE; TO REPEAL SECTION 56-1-410, RELATING TO
JUDICIAL REVIEW OF VEHICLE LICENSE DENIAL,
CANCELLATION, SUSPENSION, AND REVOCATION, SECTION
56-1-520, RELATING TO THE ADMINISTRATION AND
ENFORCEMENT PROVISIONS AND JURISDICTION
PERTAINING TO LICENSES; SECTION 56-1-530, RELATING TO
REGULATIONS PERTAINING TO LICENSES, SECTION 56-1-840,
RELATING TO THE ADMINISTRATION AND ENFORCEMENT
PROVISIONS PERTAINING TO LICENSES, SECTION 56-1-1120,
RELATING TO THE REVIEW OF DRIVERS' RECORDS, AND
SECTION 56-5-4940, RELATING TO BUMPER REQUIREMENTS;
AND TO DIRECT THE CODE COMMISSIONER TO CHANGE
REFERENCES TO THE DEPARTMENT OF REVENUE AND
TAXATION IN THE 1976 CODE TO THE DEPARTMENT OF
REVENUE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-30-90 of the 1976 Code, as added by
Section 1, Act 181 of 1993, is amended to read:
"Section 1-30-90. Department of Public Safety.
Effective on July 1, 1993, the following agencies, boards, and
commissions, including all of the allied, advisory, affiliated, or related
entities as well as the employees, funds, property, and all
contractual rights and obligations associated with any such
the agency, except for those subdivisions specifically included
under another department, are hereby transferred to and
incorporated in and shall must be administered as part
of the Department of Public Safety to be. The
department initially must be divided into divisions for
Highway Patrol, State Police, Training and Continuing Education,
Motor Vehicle Records and Vehicle Inspection, and Public Safety.
(A) Law Enforcement Hall of Fame, formerly provided for at
Section 23-25-10, et seq.;
(B) State Highway Patrol, formerly provided for at Section
23-5-10, et seq.;
(C) Public Service Commission Safety Enforcement, formerly
provided at Section 58-3-310;
(D) Law Enforcement Training Council, formerly provided for at
Section 23-23-30, et seq.;
(E) Public Safety Division, formerly of the Governor's Office;
(F) the vehicle inspection, administrative services, drivers
records, and financial responsibility sections and other offices
section of the Division of Motor Vehicles formerly provided
for at Section 56-1-10 56-5-5310 et. seq."
SECTION 2. Section 1-30-95 of the 1976 Code, as added by
Section 1, Act 181 of 1993, is amended to read:
"Section 1-30-95. Department of Revenue and
Taxation.
Effective on July 1, 1993, the following agencies, boards, and
commissions, including all of the allied, advisory, affiliated, or related
entities as well as the employees, funds, property, and all
contractual rights and obligations associated with any such
the agency, except for those subdivisions specifically included
under another department, are hereby transferred to and
incorporated in and shall must be administered as part
of the Department of Revenue and Taxation to be. The
department initially must be divided into divisions for
Alcohol Beverage Control, Motor Vehicles, and Tax;
provided,. However, that from July 1, 1993, until
February 1, 1995, the governing authority of the department shall
be is the commissioners of the Tax Commission, as
constituted June 30, 1993, and thereafter after that
date, pursuant to the provisions of Section 12-3-10, et
seq.:
(A) Licensing Division of Alcoholic Beverage Control
Commission, formerly provided for at Section 61-1-10, et seq.;
(B) Motor Vehicle Division of Department of Highways and
Public Transportation, formerly provided for at Section 56-1-10, et
seq.;
(C) Tax Commission, formerly provided for at Section
12-3-10, et seq."
SECTION 3. Section 15-9-380 of the 1976 Code, as last amended
by Section 267, Act 181 of 1993, is further amended to read:
"Section 15-9-380. If the defendant in any such
the cause shall fail fails or refuse
refuses to accept and receipt for certified mail containing the
notice of service and copy of the process, and it shall
must be returned to the plaintiff or the motor vehicle records
division of the Department of Public Safety, Revenue.
The original envelope as returned shall must be
retained, and the notice and copy of the summons
shall must be sent by open mail, and the
envelope and affidavit of mailing with sufficient postage of
such the open letter shall must be filed
with the clerk of court in which such the action is
pending and. Upon the filing thereof shall
have, it has the same force and legal effect as if
such the process has been personally served
personally upon such the defendant."
SECTION 4. Section 23-6-20 of the 1976 Code, as added by
Section 343(A), Act 181 of 1993, is amended to read:
"Section 23-6-20. (A) The Department of Public Safety is
established as an administrative agency of state government which is
comprised of a Motor Vehicle Records and Vehicle
Equipment and Inspection Division, a South Carolina
Highway Patrol Division, a South Carolina State Police Division, a
Division of Public Safety, and a Division of Training and Continuing
Education.
(B) The functions, powers, duties, responsibilities, and authority
statutorily exercised by the following offices, sections, departments,
or divisions of the following state agencies as existing on the effective
date of this act section are transferred to and devolved
on the department to include the South Carolina Highway Patrol, the
Drivers Training Schools within the Department of Licensing of the
Division of Motor Vehicles, the Driver Records Section within the
Division of Motor Vehicles, the Financial Responsibility Section
within the Division of Motor Vehicles, the Reciprocity Office of the
Registration and Reciprocity Section within the Division of Motor
Vehicles, the Vehicle Inspection Section within the Division of
Motor Vehicles, the Administrative Services Section of the
Division of Motor Vehicles and the Safety Office Section of the
Division of Finance and Administration of the South Carolina
Department of Highways and Public Transportation;.
The Safety Enforcement Officers of the Office of Enforcement within
the Transportation Division of the South Carolina Public Service
Commission, and the Governor's Office of Public Safety,
together with all assets, liabilities, records, property, personnel,
unexpended appropriations, and other funds shall must
be transferred to the control of the Department of Public Safety. All
rules, regulations, standards, orders, or other actions of these entities
shall remain in effect unless specifically changed or voided by
the department in accordance with the Administrative Procedures Act,
or otherwise provided."
SECTION 5. Section 23-6-30 of the 1976 Code, as added by
Section 343(A), Act 181 of 1993, is amended to read:
"Section 23-6-30. The department shall have
has the following duties and powers:
(1) carry out highway and other related safety programs;
(2) license suspensions and revocations, including related
administrative hearings;
(3) maintain an automated system for the storage and retrieval of
drivers licensing records;
(4) engage in driver training and safety activities;
(5)(3) enforce the traffic, motor vehicle,
commercial vehicle, and related laws;
(6)(4) enforce size, weight, and safety
enforcement statutes relating to commercial motor vehicles;
(7)(5) operate a comprehensive law enforcement
personnel training program;
(8)(6) promulgate such rules and
regulations in accordance with the Administrative Procedures Act and
Article 7 of this chapter for the administration and enforcement of the
powers delegated to the department by law, which shall have
the full force and effect of law;
(9)(7) operate such programs and
disseminate information and material so as to continually improve
highway safety;
(10)(8) disperse any grant funds made
available to the department for purposes and in the manner provided
for in this chapter; and
(11)(9) do all other functions and responsibilities
as required or provided for by law."
SECTION 6. Section 31-17-510 of the 1976 Code, as last amended
by Section 511, Act 181 of 1993, is further amended to read:
"Section 31-17-510. (a) `Travel trailer' means every vehicle
designed without motor power to be towed by a motor vehicle and of
such a size and weight as not to require a special
highway moving permit, designed to provide temporary living quarters
for recreational, camping, and travel use and designed not to require
permanent on-site utilities, including. It includes, but
is not limited to, tent campers, park models, park trailers,
motor homes, and fifth wheels. This term It may
include any a vehicle whose body width is not more
than eight feet, and whose length is not more than thirty-five
feet in the travel mode, and so designed that part of its weight rests on
the towing vehicle. For purposes of titling, the term travel
trailer may include motor vehicles where a structure is designed and
placed on a frame to be used as temporary living quarters for
recreational, camping, or travel use.
(b) `Dealership facilities' means the real estate, buildings, fixtures,
and improvements devoted to the conduct of business by the new
travel trailer dealer.
(c) `Sale' means the issuance, transfer, agreement for transfer,
exchange, pledge, hypothecation, or mortgage in any form,
whether by transfer in trust or otherwise, of any a
travel trailer or related interest therein related thereto
in it and any an option, a
subscription, or other contract, or solicitation, looking to a sale,
or offer or attempt to sell in any form, whether spoken or written. A
gift or delivery of any a travel trailer with respect
thereto to it, with or as a bonus on account of the sale
of anything, is a sale of such the travel trailer.
(d) `Fraud' means, in addition to its normal legal
connotation:, a misrepresentation in any manner,
whether intentionally false or due to gross negligence, of a material
fact;, a promise or representation not made honestly
and in good faith;, and an intentional failure to
disclose a material fact.
(e) `Person' means a natural person, corporation, partnership, trust,
or other entity, and, in case of for an entity, it includes
any other entity in which it has a majority interest or effectively
controls as well as the individual officers, directors, and other persons
in active control of the activities of each such entity.
(f) `Dealer' or `travel trailer dealer' means any a
person who sells or attempts to effect the sale of any a
travel trailer. These terms do It does not include:
(1) manufacturers or distributors;
(2) receivers, trustees, administrators, executors, guardians, or
other persons appointed by or acting under the judgment, or order of
any a court;
(3) public officers while performing their official duties;
(4) persons disposing of travel trailers titled in their own name
and acquired for their own use and so used in good faith and not for
the purpose of avoiding the provisions of law. Any A
person who effects or attempts to effect the sale of more than three
travel trailers, new or used, or one travel trailer never having
been titled, in any one calendar year, is considered a dealer, as
appropriate, for purposes of this chapter;
(5) finance companies or other financial institutions who
that sell repossessed travel trailers and insurance companies
who that sell travel trailers they own as an incident to
payment made under policies of insurance.
(g) `Department' means the Department of Public Safety
Revenue."
SECTION 7. Section 56-1-10 of the 1976 Code, as last amended
by Section 1297, Act 181 of 1993, is further amended to read:
"Section 56-1-10. For the purpose of As used
in this title, unless otherwise indicated, the following words,
phrases and terms are hereby defined as follows:
(1) `Driver' means every person who drives or is in actual physical
control of a vehicle.
(2) `Operator' means every person who drives or is in actual
physical control of a motor vehicle upon a highway or who is
exercising control over or steering a vehicle being towed by a motor
vehicle.
(3) `Owner' means a person, other than a lienholder, having the
property or title to a vehicle. The term It includes a
person entitled to the use and possession of a vehicle subject to a
security interest in another person, but excludes a lessee under
a lease not intended as security.
(4) `Department' means the Department of Revenue and
Taxation.
(5) `State' means a state, territory, or possession of the
United States and the District of Columbia.
(6) `Highway' means the entire width between the boundary lines
of every way publicly maintained when any a part
thereof of it is open to the use of the public for
purposes of vehicular travel.
(7) `Motor vehicle' means every vehicle which is self-propelled,
except `moped' as defined in Article 9 of this chapter, and every
vehicle which is propelled by electric power obtained from overhead
trolley wires but not operated upon rails.
(8) `Motorcycle' means every motor vehicle having no more than
two permanent functional wheels in contact with the ground or with
a detachable side car or trailer and having a saddle for the use of the
rider, but excluding a tractor.
(9) `Nonresident' means every person who is not a resident of this
State.
(10) `Nonresident's operating privilege' means the privilege
conferred upon a nonresident by the laws of this State pertaining to
the operation by such the person of a motor vehicle,
or the use of a vehicle owned by such the person, in
this State.
(11) `Conviction' shall include includes the entry
of any a plea of guilty, the entry of any
a plea of nolo contendere, and the forfeiture of
any bail or collateral deposited to secure a defendant's
appearance in court.
(12) `Cancellation of driver's license' means the annulment or
termination by formal action of the Department of Public
Safety Revenue of a person's driver's license because of
some error or defect in the license or because the licensee is no longer
entitled to such the license;. The
cancellation of a license is without prejudice, and application for a
new license may be made at any time after such
cancellation.
(13) `Revocation of driver's license' means the termination by
formal action of the Department of Public Safety
Revenue of a person's driver's license or privilege to operate
a motor vehicle on the public highways, which privilege to operate is
not subject to renewal or restoration, except that an application
for a new license may be presented and acted upon by the department.
(14) `Suspension of driver's license' means the temporary
withdrawal by formal action of the Department of Public
Safety Revenue of a person's driver's license or privilege
to operate a motor vehicle on the public highways, which temporary
withdrawal shall be is as specifically designated.
(15) `Three-wheel vehicle' means every motor vehicle having no
more than three permanent functional wheels in contact with the
ground and having a seat or saddle for the use of the operator, but
excluding a tractor."
SECTION 8. Section 56-1-270 of the 1976 Code, as last amended
by Section 1304, Act 181 of 1993, is further amended to read:
"Section 56-1-270. The Department of Revenue and
Taxation, having good cause to believe that a person holding a
South Carolina driver's license is incompetent or otherwise not
qualified to be licensed because of physical or mental disability
may, upon written notice of at least ten days to the licensee,
may require him to submit to an examination. Upon the
conclusion of such the examination, the
department shall take appropriate action as may be
appropriate and may suspend or revoke the license of such
the person, or permit him to retain
such the license, or may issue a
license subject to restrictions permitted under Section 56-1-170. The
license of any a person may be suspended or revoked
if they refuse or neglect to submit to such an
examination."
SECTION 9. Section 56-1-280 of the 1976 Code, as last amended
by Section 1305, Act 181 of 1993, is further amended to read:
"Section 56-1-280. (A) The Department of
Public Safety Revenue immediately shall
forthwith revoke or suspend the license of any
a driver upon receiving a record of such the
driver's conviction of any an offense for which
revocation or suspension is required by law.
(B) The Department of Public Safety Revenue
immediately shall forthwith revoke the driver's license of
any a person upon receiving notice of the conviction
of such the person for:
(1) manslaughter resulting from the operation of a motor
vehicle; or
(2) Any a felony under the laws of this State in
the commission of which a motor vehicle is used.
(C) The Department of Public Safety Revenue
also shall also revoke or suspend a driver's license for any
other cause as may be required by other laws of this
State."
SECTION 10. Section 56-1-290 of the 1976 Code, as last amended
by Section 1306, Act 181 of 1993, is further amended to read:
"Section 56-1-290. In addition to the grounds for suspension
or revocation of license set forth elsewhere in this article and in
Chapter 5 of this title, the Department of Public Safety
Revenue immediately shall forthwith revoke for a
period of six months the license of any a person
upon receiving satisfactory evidence of the his
conviction of any such person who has been found guilty of
for operating a vehicle for hire without a license in violation
of Section 58-23-1210."
SECTION 11. Section 56-1-300 of the 1976 Code, as last amended
by Section 1307, Act 181 of 1993, is further amended to read:
"Section 56-1-300. In addition to other authority of law, the
Department of Public Safety Revenue may suspend or
revoke the license of a driver without preliminary hearing upon a
showing by its records or other sufficient evidence that the
licensee has been:
(1) Has been convicted of an offense for which mandatory
revocation or suspension is required upon conviction; or
(2) Has been convicted of an offense in another state which
if committed in this State would be grounds for suspension or
revocation."
SECTION 12. Section 56-1-310 of the 1976 Code, as last amended
by Section 1308, Act 181 of 1993, is further amended to read:
"Section 56-1-310. The privilege of driving a motor vehicle
on the highways of this State given to a nonresident under this article
shall be is subject to suspension or revocation by the
Department of Public Safety Revenue in like manner
and for like cause as a driver's license issued under the laws of this
State may be suspended or revoked."
SECTION 13. Section 56-1-320 of the 1976 Code, as last amended
by Section 1309, Act 181 of 1993, is further amended to read:
"Section 56-1-320. The Department of Public Safety
may Revenue, in its discretion, may suspend or
revoke the license of any a resident of this State or the
privilege of a nonresident to drive a motor vehicle in this State upon
receiving notice of the conviction of such the person
in another state of an offense therein in it which, if
committed in this State, would be grounds for the suspension or
revocation of the South Carolina license.
Provided, However, that if another state restores
limited or restricted driving privileges to the person whose license has
been suspended or revoked, such the
restoration of privileges shall also be is valid
in this State under the same terms and conditions under which driving
is authorized in the resident state of the person concerned."
SECTION 14. Section 56-1-330 of the 1976 Code, as last amended
by Section 1310, Act 181 of 1993, is further amended to read:
"Section 56-1-330. Every court having jurisdiction over
offenses committed under this article or other state laws or municipal
ordinances regulating the operation of motor vehicles on highways
shall forward to the Department of Public Safety
Revenue a record of the conviction of any a
person in such the court for a violation of such
laws other than regulations governing standing or parking where a
matter of safety is not involved."
SECTION 15. Section 56-1-340 of the 1976 Code, as last amended
by Section 1311, Act 181 of 1993, is further amended to read:
"Section 56-1-340. The Department of Public Safety
may Revenue, upon receiving a record of the conviction
in this State of a nonresident driver of a motor vehicle of any
an offense under the motor vehicle laws of this State,
may forward a certified copy of such the
record to the motor vehicle administrator in the state wherein
in which the person so convicted is a resident.
Whenever the Department of Public Safety Revenue
receives a request for a driver's record from another state, the record
shall must be forwarded without charge."
SECTION 16. Section 56-1-350 of the 1976 Code, as last amended
by Section 1312, Act 181 of 1993, is further amended to read:
"Section 56-1-350. In all cases of cancellation,
suspension, or revocation of drivers' licenses, the Department
of Public Safety Revenue shall notify the licensee as
prescribed in Section 56-1-360 that his license has been canceled,
suspended, or revoked, and such the licensee
shall within ten days after notice of cancellation,
suspension, or revocation shall return his license to
the Department of Public Safety or the Department of Revenue
and Taxation. Any A person wilfully failing to
return his license as required by this section may, on
upon conviction thereof, may be fined one
hundred dollars or imprisoned for thirty days."
SECTION 17. Section 56-1-360 of the 1976 Code, as last amended
by Section 1313, Act 181 of 1993, is further amended to read:
"Section 56-1-360. When notice is required concerning a
person's driver's license, the notice must be given by the
Department of Public Safety Revenue by depositing
the notice in the United States mail with postage prepaid addressed to
the person at the address contained in the driver's license records of
the department. The giving of notice by mail is complete ten days
after the deposit of the notice. A certificate by the deputy
director of the motor vehicle records division of the
Department of Public Safety Revenue, or his designee,
that the notice has been sent as required in this section is presumptive
proof that the requirements as to notice of suspension have been met
even if the notice has not been received by the addressee."
SECTION 18. Section 56-1-365 of the 1976 Code, as last amended
by Section 1314, Act 181 of 1993, is further amended to read:
"Section 56-1-365. (A) Any A
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 more
than 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.
(B) The Department of Public Safety
Revenue 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 of Public Safety Revenue agents tickets,
arrest warrants, and other documents or copies of them, as necessary
for the department of Public Safety to process the revocation
or suspension of the licenses. If the Department of Public
Safety Revenue does not collect the license and ticket
immediately, the magistrate or clerk shall forward the license, ticket,
and other documentation to the department of Public Safety
within five days after receipt. Any A 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 more than five hundred
dollars.
(C) The Department of Public Safety
Revenue 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 of Public
Safety Revenue within five days, the suspension or
revocation does not commence until the department of Public
Safety 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 begin 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.
(D) If the defendant surrenders his license, upon
conviction, and subsequently files a notice of appeal, the appeal
shall act acts 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 of Public Safety Revenue shall issue him
a certificate on a form prescribed and furnished by the department
of Public Safety 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."
SECTION 19. Section 56-1-370 of the 1976 Code, as last amended
by Section 1315, Act 181 of 1993, is further amended to read:
"Section 56-1-370. The licensee may, within ten
days after notice of suspension, cancellation, or revocation, except
in cases where the suspension, cancellation, or revocation is
made mandatory upon the Department of Public Safety
Revenue, may request in writing a review,
and upon receipt of the request the department of Public Safety
shall afford him a review in accordance with the State Administrative
Procedures Act, in the county where the licensee was arrested
unless the department of Public Safety and the licensee agree
that the review may be held in some other another
county. The review may be held by a duly an
authorized agent of the Department of Public Safety
Revenue. Upon the review, the department shall
either rescind its order of suspension, cancellation, or
revocation or, with good cause appearing therefor,
may continue, modify, or extend the suspension, cancellation, or
revocation of the license."
SECTION 20. Section 56-1-380 of the 1976 Code, as last amended
by Section 1316, Act 181 of 1993, is further amended to read:
"Section 56-1-380. The Department of Public Safety
shall Revenue may not suspend a driver's license or
privilege to drive a motor vehicle on the public highways for a
period of more than one year, except as otherwise permitted or
authorized by law.
Any A person whose license or privilege to drive
a motor vehicle on the public highways has been revoked shall
is not be entitled to have such the
license or privilege renewed or restored unless the revocation was for
a cause which has been removed, except that.
However, after the expiration of at least one year from the date
on which the revoked license was surrendered to and received by the
department or the Department of Public Safety
Revenue, or as may otherwise be provided for by law,
such the person may make application for a new
license as provided by law, but. The department
shall may not then issue a new license
unless and until it is satisfied, after investigation of the
character, habits, and driving ability of such
the person, that it will be is safe to grant the
privilege of driving a motor vehicle on the public highways."
SECTION 21. Section 56-1-390 of the 1976 Code, as last amended
by Section 1317, Act 181 of 1993, is further amended to read:
"Section 56-1-390. (1) Whenever the Department of
Public Safety Revenue suspends or revokes the license
of a person under its lawful authority, the license remains suspended
or revoked and must not be reinstated or renewed nor may another
license be issued to that person until he also remits to the department
a reinstatement fee of thirty dollars.
(2) All fees collected by the department under this
provision section must be placed in the state general
fund, except that one dollar of the fees listed fee
provided for in item subsection (1) must be
credited to the `Keep South Carolina Beautiful Fund'. From the `Keep
South Carolina Beautiful Fund', the Department of Transportation
must shall expend such funds as may
be necessary to employ, within the Department of Transportation,
a person with training in horticulture to administer a program for
beautifying the rights-of-way along state highways and roads."
SECTION 22. Section 56-1-400 of the 1976 Code, as last amended
by Section 1318, Act 181 of 1993, is further amended to read:
"Section 56-1-400. The Department of Public Safety
Revenue upon suspending or revoking a license shall require
that such the license shall must be
surrendered to the Department of Public Safety or the Department
of Revenue and Taxation it. If a license is surrendered
to the Department of Revenue and Taxation, the department shall
immediately notify the Department of Public Safety that the
individual's license has been surrendered. At the end of the
period of suspension, other than suspension for reckless driving,
for driving under the influence of intoxicants, or
pursuant to the point system, such license so
the surrendered shall license must be returned
to the licensee, or, in the discretion of the department,
a new license must be issued to him. Until the Department
of Public Safety notifies the department, The department
shall may not return nor restore a license which has
been suspended for reckless driving, driving under the influence of
intoxicants, or for violations under the point system until the
person has filed an application for a new license, submitted to an
examination as upon an original application, and has satisfied
the Department of Public Safety Revenue, after an
investigation of the character, habits, and driving ability of the person,
that it would be safe to grant him the privilege of driving a motor
vehicle on the public highways. Provided However,
that the department, in its discretion, where the suspension is
for violation under the point system may waive such
the examination, application, and investigation. A record of
suspension shall must be endorsed on the license
returned to the licensee, or the new license issued to the licensee,
showing grounds of such the suspension. After five
years from the date of conviction or suspension the driver may apply
for a new identical license, and the department shall issue such
the identical license without any a notation of
suspension endorsed thereon on it. But This
provision shall does not affect nor bar the reckoning
of prior offenses for reckless driving and driving under the influence
of intoxicating liquor or narcotic drugs, as provided in Article
23, of Chapter 5 of this title.
Any A person whose license has been suspended
or revoked for an offense within the jurisdiction of the court of
general sessions shall provide the Department of Public Safety
Revenue with proof that the fine owed by the person has been
paid before the department may return or issue the person a license.
Proof that the fine has been paid may be a receipt from the clerk of
court of the county in which the conviction occurred stating that the
fine has been paid in full."
SECTION 23. Section 56-1-420 of the 1976 Code, as last amended
by Section 1320, Act 181 of 1993, is further amended to read:
"Section 56-1-420. If any a court restrains
or enjoins the Department of Public Safety Revenue
from enforcing the suspension or revocation of any a
license and the suspension or revocation is finally determined to have
been properly put into effect by the department of Public
Safety, the time during which the revocation or suspension was
made ineffective by the judicial order shall must not
be considered part of the time during which the suspension or
revocation was in effect. It is the purpose of this section to insure that
the license shall must be suspended or revoked for the
full term of such the suspension or revocation, if
proper in the first place."
SECTION 24. Section 56-1-460 of the 1976 Code, as last amended
by Section 1321, Act 181 of 1993, is further amended to read:
"Section 56-1-460. A person who drives a motor vehicle on
any a public highway of this State when his license to
drive is canceled, suspended, or revoked must, upon
conviction, must be fined two hundred dollars or imprisoned
for thirty days for the first violation, for the second violation
fined five hundred dollars and imprisoned for sixty consecutive
days, and for the third and subsequent violation imprisoned for
not less than ninety days nor more than six months, no portion of
which may be suspended by the trial judge. The Department of
Public Safety Revenue upon receiving a record of the
conviction of any a person under this section upon a
charge of driving a vehicle while his license was suspended for a
definite period of time shall extend the period of the suspension for an
additional like period. If the original period of suspension has expired
or terminated before trial and conviction, the Department of Public
Safety shall Revenue again shall suspend the
license of the person for an additional like period of time. If the
suspension is not for a definite period of time, the suspension must be
for an additional three months. If the license of a person cited for a
violation of this section is suspended solely pursuant to the
provisions of Section 56-25-20, then the additional period
of suspension pursuant to this section is thirty days, and the
person does not have to offer proof of financial responsibility as
required under Section 56-9-500 prior to before his
license being is reinstated. If the conviction was upon
a charge of driving while a license was revoked, the department
shall may not issue a new license for an additional
period of one year from the date the person could otherwise
could have applied for a new license. Only those violations
which occurred within a period of five years including and
immediately preceding the date of the last violation constitute prior
violations within the meaning of this section.
If the license of the person convicted was suspended pursuant to
the provisions of Section 56-5-2990, then he must be
punished as follows, and no part of the minimum sentence
may be suspended:
(1) for a first offense, imprisoned for not less than ten nor
more than thirty days;
(2) for a second offense, imprisoned for not less than sixty
days nor more than six months;
(3) for a third and subsequent offense, imprisoned not less
than six months nor more than three years."
SECTION 25. Section 56-1-463 of the 1976 Code, as last amended
by Section 1322, Act 181 of 1993, is further amended to read:
"Section 56-1-463. Section 56-1-460 specifically does not
apply if and when the proposed suspension is based solely on
lack of notice being given to the Department of Public Safety
Revenue when the person has in fact has paid
any the fines or penalties due."
SECTION 26. Section 56-1-475 of the 1976 Code, as last amended
by Section 1323, Act 181 of 1993, is further amended to read:
"Section 56-1-475. Notwithstanding the provisions of
Section 56-1-400 of the 1976 Code, a person whose driver's
license has been suspended by the Department of Public Safety
Revenue who has moved his residence to another state and
has obtained a valid driver's license in such the state
may lawfully may operate a motor vehicle within this
State after the expiration of the period of time for which his South
Carolina driver's license was suspended."
SECTION 27. Section 56-1-510 of the 1976 Code, as last amended
by Section 1324, Act 181 of 1993, is further amended to read:
"Section 56-1-510. It is a misdemeanor punishable by a fine
of not more than two hundred dollars or imprisonment for not
more than thirty days for a first offense and not more than five
hundred dollars or imprisonment for not more than six months
for a second or subsequent offense for any a person
to:
(1) to display, or cause or permit to be
displayed, or have in his possession any a
canceled, revoked, suspended, or fraudulently altered driver's license
or personal identification card;
(2) to lend his driver's license or personal
identification card to any other another person or
knowingly permit the use of it by another;
(3) to display or represent as one's own driver's license or
personal identification card any a driver's license
or personal identification card acquired in violation of this
section;
(4) to fail or refuse to surrender to the department or
the Department of Public Safety Revenue upon
lawful demand any a driver's license or personal
identification card which has been suspended, canceled, or
revoked;
(5) to use a false or fictitious name in any
an application for a driver's license or personal identification
card or knowingly make a false statement, or to
knowingly conceal a material fact, or otherwise commit a
fraud in any such an application;
(6) to permit any an unlawful use of a
driver's license or personal identification card issued to him; or
(7) to do any an act forbidden or fail to
perform any an act required by this article."
SECTION 28. Section 56-1-540 of the 1976 Code, as last amended
by Section 1327, Act 181 of 1993, is further amended to read:
"Section 56-1-540. The Department of Revenue
shall file:
(1) File every application for a license received by it and
shall maintain suitable indexes containing, in alphabetical
order:
(a) all applications denied and on each thereof note
of the reasons for such denial;
(b) all applications granted; and
(c) the name of every licensee whose license has been canceled,
suspended, or revoked by the Department of Public
Safety Revenue and after each such name a
note of the reasons for such the action; and
(2) The Department of Public Safety shall file all accident
reports and abstracts of court records of convictions received by it
under the laws of this State and, in connection therewith
with the reports and abstracts, maintain convenient records or
make suitable notations in order that so an individual
record of each licensee showing the his convictions
of such licensee and the traffic accidents in which he has been
involved shall be are readily ascertainable and
available for the consideration of the department upon application for
renewal of license and at other suitable times."
SECTION 29. Section 56-1-550 of the 1976 Code, as last amended
by Section 1328, Act 181 of 1993, is further amended to read:
"Section 56-1-550. All fees collected by the Department of
Revenue and Taxation and the Department of Public Safety
under the provisions of this article shall must
be credited to the state general fund."
SECTION 30. Section 56-1-630 of the 1976 Code, as last amended
by Section 1329, Act 181 of 1993, is further amended to read:
"Section 56-1-630. As used in this article:
(1) `Party state' means a state, territory, or possession of the
United States, the District of Columbia, or the Commonwealth of
Puerto Rico.
(2) `Home state' means the state which has issued and has the
power to suspend or revoke the use of the license or permit to operate
a motor vehicle.
(3) `Conviction' means a conviction of any an
offense related to the use or operation of a motor vehicle which is
prohibited by state law, municipal ordinance, or administrative
regulation, or a forfeiture of bail, bond, or other security
deposited to secure appearance by a person charged with having
committed any of these offenses, and which conviction or forfeiture
is required to be reported to the licensing authority.
(4) `Licensing authority' for purposes of South Carolina shall
mean means the Department of Public Safety
Revenue."
SECTION 31. Section 56-1-740 of the 1976 Code, as last amended
by Section 1330, Act 181 of 1993, is further amended to read:
"Section 56-1-740. The Department of Public Safety
Revenue may suspend, for not more than six months, the
driver's license and privilege of a person upon a showing by its
records, based on a uniform point system as authorized in this article,
that the licensee has been convicted with such a
frequency of offenses against motor vehicle traffic laws or ordinances
as to indicate a disrespect for the laws or ordinances and a disregard
for the safety of other persons on the highways. For the purposes of
this article, a total of twelve points assessed against a driver as
determined by the values designated in Section 56-1-720 indicates
disrespect and disregard. The privilege of driving a motor vehicle on
the highways of this State, given to a nonresident under the laws of
this State, is subject to suspension by the Department of Public
Safety Revenue in like manner, and for like cause, the
same as a driver's license issued by this State may be suspended.
Periods of suspension of the license or privilege of a person for
various accumulation of points must be are as follows,
with the person having the privilege to request a review of his driving
record:
(1) twelve to fifteen points: three months' suspension;
(2) sixteen or seventeen points: four months' suspension;
(3) eighteen or nineteen points: five months' suspension;
(4) twenty points and over: six months' suspension."
SECTION 32. Section 56-1-746 of the 1976 Code, as last amended
by Section 1332, Act 181 of 1993, is further amended to read:
"Section 56-1-746. (A) The Department of Public
Safety Revenue shall suspend the driver's license of
any a person convicted of the offenses
contained in Sections 56-1-510(2), 56-1-510(4), 56-1-515,
61-9-50, 61-9-60, 61-13-287, 20-7-370, and 20-7-380 as follows:
(1) for a conviction for a first offense, for a period
of: ninety days;
(2) for a conviction for a second or subsequent
offense, for a period of: six months.
(B) For the purposes of determining prior offenses, a conviction of
any of the offenses enumerated in subsection (A) within ten years of
the date of the violation is considered a prior offense.
(C) Notwithstanding the provisions of Section 56-1-460,
any person convicted under this section shall must be
punished pursuant to Section 56-1-440 and is not required to furnish
proof of financial responsibility as provided for in Section 56-9-500.
The conviction shall may not result in any
an insurance penalty under the Merit Rating Plan promulgated
by the Department of Insurance.
(D)(1) If an individual is employed or enrolled in a college or
university at any time while his driver's license is suspended pursuant
to this section, he may apply for a special restricted driver's license
permitting him to drive only to and from work or his place of
education and in the course of his employment or education during the
period of suspension. The department may issue the special restricted
driver's license only upon showing by the individual that he is
employed or enrolled in a college or university, that he lives further
than one mile from his place of employment or education, and that
there is no adequate public transportation between his residence and
his place of employment or his place of education.
(2) If the department issues a special restricted driver's license,
it shall designate reasonable restrictions on the times during which and
routes on which the individual may operate a motor vehicle. A
change in the employment hours, place of employment, status as a
student, or residence must be reported immediately to the department
by the licensee.
(3) The fee for each special restricted driver's license, including
a reissue caused by changes in the place and hours of employment,
education, or residence, is twenty dollars.
(4) The operation of a motor vehicle outside the time limits and
route imposed by a special restricted license by the person issued that
license is a violation of Section 56-1-460."
SECTION 33. Section 56-1-790 of the 1976 Code, as last amended
by Section 1334, Act 181 of 1993, is further amended to read:
"Section 56-1-790. The Department of Public
Safety Revenue may enter into a reciprocal agreement
with the proper agency of any other another state for
the purpose of reporting convictions in one state by a person holding
a driver's license in the other state. Such Convictions in
another state of a violation therein in that state which,
if committed in this State, would be a violation of the traffic laws of
this State, may be recorded against a driver the same as if the
conviction had been made in the courts of this State.
Guilty pleas, failure to respond to charges, or convictions
by courts-martial or post or base commanders of any of the various
branches of the Armed Forces of the United States or by a United
States Commissioner of a violation either on or off government
property which, if committed in this State, would be a violation of the
laws of this State, may, in the discretion of the Department of
Public Safety Revenue, may be recorded
against a driver the same as if the plea of guilty, forfeiture of
bond, or conviction had been made in the courts of this
State."
SECTION 34. Section 56-1-800 of the 1976 Code, as last amended
by Section 1335, Act 181 of 1993, is further amended to read:
"Section 56-1-800. In all proceedings held under the
provisions of this article, photostatic or other copies of the reports
filed with the Department of Public Safety Revenue,
including official reports received from directors of motor vehicle
divisions, court officials, or other agencies of other states
charged with the duty of keeping records of offenses against the traffic
laws of such the states and reports of courts-martial or
United States Commissioners, when such the copies
are duly certified by the Director of the motor vehicle
division Department of Revenue, or his designee, as true
copies of the original on file therewith with the
department, shall be are deemed prima facie
evidence of the information contained on such the
reports for the purpose of showing any a
conviction."
SECTION 35. Section 56-1-810 of the 1976 Code, as last amended
by Section 1336, Act 181 of 1993, is further amended to read:
"Section 56-1-810. Upon the determination by the
Department of Public Safety Revenue that a person
has accumulated sufficient points to warrant the suspension of his
license, the department of Public Safety shall notify
such the licensee in writing, return receipt requested,
that his license has been suspended, and such. The
licensee shall return his license to the Department of Public Safety
or the Department of Revenue and Taxation within the
time required by Section 56-1-350 and subject to the
its penalties thereof for failing to do so."
SECTION 36. Section 56-1-820 of the 1976 Code, as last amended
by Section 1337, Act 181 of 1993, is further amended to read:
"Section 56-1-820. The licensee may, within ten
days after notice of suspension, may request in writing a
review, and. Upon receipt of the request, the
Department of Public Safety Revenue shall afford him
a review in accordance with the State Administrative Procedures
Act."
SECTION 37. Section 56-1-830 of the 1976 Code, as last amended
by Section 1338, Act 181 of 1993, is further amended to read:
"Section 56-1-830. Any A person whose
license has been suspended under the provisions of this article
may, within ten days after notice of suspension or within ten
days after notice of the result of the review if such review is
requested and held, may apply to the resident or presiding
circuit judge of the circuit in which the applicant resides, either
at chambers or open court, for a review upon the record, certified to
by the deputy Director of the Motor Vehicle Records and
Vehicle Inspection Division of the Department of Public
Safety Revenue, to determine if the action taken by the
department of Public Safety is lawful and in accordance with
the provisions of this article."
SECTION 38. Section 56-1-850 of the 1976 Code, as last amended
by Section 1340, Act 181 of 1993, is further amended to read:
"Section 56-1-850. Nothing contained in this article
shall affect affects the action of the Department of
Public Safety Revenue in suspending,
revoking, or canceling any a driver's license
when such the action is mandatory under the
provisions of any a law of this State."
SECTION 39. Section 56-1-1020 of the 1976 Code, as last amended
by Section 1341, Act 181 of 1993, is further amended to read:
"Section 56-1-1020. (A) An habitual offender
shall mean any means a person whose record as
maintained by the Department of Public Safety
Revenue shows that he has accumulated the convictions for
separate and distinct offenses described in subsections (a), (b) and
(c) items (1), (2), and (3) committed during a three-year
period; provided, that. However, where more than one
included offense shall be is committed within a
one-day period, such the multiple offenses
shall must be treated for the purposes of this article as
one offense:
(a)(1) three or more convictions,
singularly or in combination of any of the following separate and
distinct offenses arising out of separate acts:
(1)(a) voluntary manslaughter, involuntary
manslaughter, or reckless homicide resulting from the
operation of a motor vehicle;
(2)(b) operating or attempting to operate a
motor vehicle while under the influence of intoxicating liquor,
narcotics, or drugs;
(3)(c) driving or operating a motor vehicle in
a reckless manner;
(4)(d) driving a motor vehicle while his
license, permit, or privilege to drive a motor vehicle has been
suspended or revoked, except a conviction for driving under
suspension for failure to file proof of financial responsibility;
(5)(e) any an offense
punishable as a felony under the motor vehicle laws of this State or
any a felony in the commission of which a motor
vehicle is used;
(6)(f) failure of the driver of a motor vehicle
involved in any an accident resulting in the death or
injury of any a person to stop close to the scene of
such the accident and report his identity;
(b)(2) ten or more convictions of separate and
distinct offenses involving moving violations singularly or in
combination, in the operation of a motor vehicle, which are required
to be reported to the Department of Public Safety
Revenue for which four or more points are assigned pursuant
to Section 56-1-720 or which are enumerated in subsection (a) of
this section item (1).
(c)(3) the offenses included in subsections (a)
and (b) shall be deemed to include offenses under any
a federal law, any a law of another
state, or any a municipal or county ordinance
of another state substantially conforming to the above
provisions of items (1) and (2).
(d)(B)(1) For the purposes of this article,
the term `conviction' shall mean means a final
conviction, forfeiture of bail, or a plea of guilty or nolo
contendere.
(2) For purposes of determining the number of convictions for
separate and distinct offenses committed during any a
three year period, a person shall be is deemed to be
convicted of an offense on the date the offense was committed if he
is subsequently is convicted of committing
such the offense as `conviction' is defined in item (1)
of this subsection.
(C) The provisions of this article shall do
not apply to convictions which occurred prior to
before June 14, 1973."
SECTION 40. Section 56-1-1030 of the 1976 Code, as last amended
by Section 1342, Act 181 of 1993, is further amended to read:
"Section 56-1-1030. (A) When a person is
convicted of one or more of the offenses listed in Section
56-1-1020(a), (b), or (c) (A)(1), (2), or (3), the
Department of Public Safety must Revenue shall
review its records for that person. If the Department of Public
Safety's Revenue's review of its records shows that the
person is an habitual offender as defined in Section 56-1-1020, the
department of Public Safety must shall institute agency
proceedings in accordance with the Administrative Procedures Act to
revoke or suspend the person's driver's license except that.
However, appeals under this section must be made to the
appropriate magistrate's court as set forth below in
subsection (B).
(B) If after appropriate proceedings, the
Department of Public Safety Revenue finds the person
to be an habitual offender, the department of Public Safety
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 of Public Safety or the department. A resident of
South Carolina found to be an habitual offender may appeal to the
chief magistrate in the county in which the appellant resides. A
nonresident person found to be an habitual offender may appeal to the
chief magistrate of Richland County. In any an
appeal, the magistrate shall hear and determine the matter de
novo."
SECTION 41. Section 56-1-1090 of the 1976 Code, as last amended
by Section 1343, Act 181 of 1993, is further 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
may 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 of Public Safety Revenue
that a person is an habitual offender and if, upon appeal, the finding
is sustained by a magistrate unless the period is reduced to two years
as permitted in item (c);
(b) until financial responsibility requirements are met;
(c) until, upon petition and for good cause shown, the Department
of Public Safety Revenue may restore to the person
the privilege to operate a motor vehicle in this State upon terms and
conditions as the department of Public Safety 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 one year has expired from the date of the decision of the
Department of Public Safety Revenue finding the
person to be an habitual offender. At this time and after hearing, the
Department of Public Safety Revenue 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 of Public Safety
Revenue. If the two-year period is not granted, no petition
may be filed again until after five years have expired from the date of
the decision of the Department of Public Safety
Revenue. However, a petition or court order is not required
for the restoration of driving privileges and the issuance of a license
after the five-year waiting period has expired and all financial
responsibilities have been fulfilled."
SECTION 42. Section 56-1-1100 of the 1976 Code, as last amended
by Section 81, Act 184 of 1993 and Section 1344, Act 181 of 1993,
is further amended to read:
"Section 56-1-1100. It is unlawful for a person to operate a
motor vehicle in this State while the decision of the Department of
Public Safety Revenue prohibiting the operation
remains in effect. A person found to be an habitual offender under
the provisions of this article, who subsequently is convicted of
operating a motor vehicle in this State while the decision of the
Department of Public Safety Revenue prohibiting the
operation is in effect, is guilty of a felony and must be imprisoned not
more than five years. For the purpose of enforcing this section, in
any case in which where 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 of Public Safety court, 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 of Public Safety court shall
notify the solicitor or Attorney General, and he shall cause the
appropriate criminal charges to be lodged against the offender."
SECTION 43. Section 56-1-1130 of the 1976 Code, as last amended
by Section 1346, Act 181 of 1993, is further amended to read:
"Section 56-1-1130. Commencing Beginning
January 1, 1974, the Department of Public Safety
Revenue shall send a written notice to any a
person who it determines is in danger of becoming an habitual
offender."
SECTION 44. Section 56-1-1320 of the 1976 Code, as last amended
by Section 1347, Act 181 of 1993, is further amended to read:
"Section 56-1-1320. A person with a South Carolina driver's
license, a person who had a South Carolina driver's license at the time
of the offense referenced below, 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 presently for any other
another reason, may apply to the motor vehicle division
of the Department of Revenue 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 of Revenue 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 must be made by
the Director of the Department of Public Safety
Revenue or his designee."
SECTION 45. Section 56-1-1330 of the 1976 Code, as last amended
by Section 1348, Act 181 of 1993, is further amended to read:
"Section 56-1-1330. The provisional driver's license
provision must include a mandatory requirement that the applicant
enter an Alcohol and Drug Safety Action Program certified by the
South Carolina Commission on Department of Alcohol
and Other Drug Abuse and Services be
assessed to determine the extent and nature of an alcohol and drug
abuse problem, if any, and successfully complete treatment or
education services recommended by the program. The applicant shall
bear the cost of the services which must be determined by the
administering agency and approved by the South Carolina
Commission on Department of Alcohol and Other
Drug Abuse Services. The cost may not exceed seventy-five
dollars for assessment, one hundred twenty-five dollars for education
services, two hundred twenty-five dollars for treatment services, and
three hundred dollars in total for any and all services. The
commission Department of Alcohol and Other Drug Abuse
Services shall recommend subsequent cost changes on an annual
basis subject to the approval of the General Assembly. If the
applicant fails to complete successfully the services as directed by the
Department of Public Safety Revenue, the South
Carolina Commission on Department of Alcohol and
Other Drug Abuse Services shall notify the
Department of Public Safety Revenue, and the
provisional driver's license issued by the Department of
Revenue must be revoked, and the suspension imposed for the
full periods specified in Section 56-5-2990,. The
suspension to must begin on the date of
notification to the individual."
SECTION 46. Section 56-1-1340 of the 1976 Code, as last amended
by Section 1349, Act 181 of 1993, is further amended to read:
"Section 56-1-1340. The applicant shall must
have a provisional driver's license in his possession at all times while
driving a motor vehicle, and. The issuance of
such the license and the violation convictions
shall must be entered in the records of the Department
of Public Safety Revenue for a period of ten
years as required by Sections 56-5-2940 and 56-5-2990 of the 1976
Code."
SECTION 47. Section 56-1-1730 of the 1976 Code, as last amended
by Section 1350, Act 181 of 1993, is further amended to read:
"Section 56-1-1730. A person is eligible for a moped
operator's license without regard to his eligibility for or the status of
any other driver's license or permit. The Department of Public
Safety Revenue may suspend, revoke, or cancel a moped
operator's license only for violations committed while operating a
moped. A moped operator's license may be suspended, revoked, or
canceled in the same manner and upon the same grounds for which
any other motor vehicle operator's license or permit may be
suspended, revoked, or canceled."
SECTION 48. Section 56-1-2050 of the 1976 Code, as last amended
by Section 1352, Act 181 of 1993, is further amended to read:
"Section 56-1-2050. (A) Notification of Convictions.
(1) A driver holding a commercial driver license issued by this
State, who is convicted of violating a state law or local ordinance
relating to motor vehicle traffic control in any other
another state, other than a parking violation, shall notify the
Department of Public Safety Revenue in the manner
specified by the department of Public Safety within thirty days
of conviction.
(2) A driver holding a commercial driver license issued by this
State, who is convicted of violating a state law or local ordinance
relating to motor vehicle traffic control in this or any other state, other
than a parking violation, shall notify his employer in writing of the
conviction within thirty days of the conviction.
(B) A driver whose commercial driver license is suspended,
revoked, or canceled by a state, or who loses the privilege to drive a
commercial motor vehicle in any a state for any
period, including being disqualified from driving a commercial motor
vehicle, or who is subject to an out of service order, shall notify his
employer of that fact before the end of the business day following the
day the driver received notice of that fact.
(C) A person who applies to be a commercial motor vehicle driver
shall provide the employer, at the time of the application, with the
following information for the ten years preceding the date of
application:
(1) a list of the names and addresses of the applicant's previous
employers for which the applicant was a driver of a commercial motor
vehicle;
(2) the dates between which the applicant drove for each
employer;
(3) the reason for leaving that employer;
(4) any additional information required by the employer;
(5) certification that all information furnished is true and
complete."
SECTION 49. Section 56-1-2100 of the 1976 Code, as last amended
by Section 1353, Act 181 of 1993, is further amended to read:
"Section 56-1-2100. (A) The commercial driver license must
be marked `Commercial Driver License' or `CDL', and must
be, to the maximum extent practicable, tamper proof. It must include,
but is not be limited to, the following information:
(1) the name and residential address of the person;
(2) the person's color photograph;
(3) a physical description of the person including sex, height,
and weight;
(4) date of birth;
(5) a number or identifier considered appropriate by the
department;
(6) the person's signature;
(7) the class or type of commercial motor vehicles which the
person may drive together with any endorsements or
restrictions;
(8) the name of this State; and
(9) the dates between which the license is valid.
(B) The holder of a valid commercial driver license may drive all
vehicles in the class for which that license is issued and all lesser
classes of vehicles except motorcycles. Vehicles which require an
endorsement may must not be driven unless the proper
endorsement appears on the license. Commercial driver licenses may
be issued with the following classifications, endorsements, and
restrictions:
(1) Classifications: vehicle weight rating of twenty-six thousand
one pounds or more if the gross vehicle weight rating of the vehicle
being towed is in excess of ten thousand pounds; weight rating of
twenty-six thousand one pounds or more and any such
a vehicle towing a vehicle not in excess of ten thousand
pounds; weight rating of less than twenty-six thousand one pounds and
any such a vehicle towing a vehicle with a gross
vehicle weight rating not in excess of ten thousand pounds
comprising: persons, including the driver; material which
require the vehicle to be placarded under 49 C.F.R. part 172, subpart
F.;
(2) Endorsements: transporting hazardous material; and
tank vehicle endorsements.;
(3) Restrictions: `K' restricts the driver to vehicles not equipped
with airbrakes.
(C) Before issuing a commercial driver license, the Department
must of Revenue shall obtain a driving record from
the Department of Public Safety through the Commercial Driver
License Information System, through the National Driver
Register, and from each state in which the person has been licensed.
(D) Within ten days after issuing a commercial driver license, the
Department must of Revenue shall notify the
Commercial Driver License Information System of that fact, providing
all information required to insure identification of the person.
(E) A commercial driver license issued by the Department of
Revenue expires on the licensee's birth date on the fourth
calendar year after the calendar year in which it is issued.
(F) Every person applying for renewal of a commercial driver
license shall complete the application form required by Section
56-1-2090(A), providing updated information and required
certifications. If the applicant wishes to retain a hazardous materials
endorsement, the written test for a hazardous materials endorsement
must be taken and passed again. The person shall submit to a vision
test."
SECTION 50. Section 56-1-2110 of the 1976 Code, as last amended
by Section 1354, Act 181 of 1993, is further amended to read:
"Section 56-1-2110. (A) A person is disqualified from
driving a commercial motor vehicle for not less than one year if
convicted of a first violation of:
(1) driving a commercial motor vehicle under the influence of
alcohol, a controlled substance, or a drug which impairs driving
ability;
(2) driving a commercial motor vehicle while the alcohol
concentration of the person's blood or breath or other bodily substance
is four-one hundredths or more;
(3) knowingly and wilfully leaving the scene of an accident
involving a commercial motor vehicle driven by the person;
(4) using a commercial motor vehicle in the commission of a
felony as defined in this article;
(5) refusal refusing to submit to a test to
determine the driver's alcohol concentration while driving a
commercial motor vehicle.
If any of the above violations provided in this
subsection occur while transporting a hazardous material required
to be placarded, the person is disqualified for not less than three years.
(B) A person is disqualified for life if convicted of two or more
violations of any of the offenses specified in subsection (A) or a
combination of those offenses, arising from two or more separate
incidents.
(C) Only offenses committed after the effective date of this article
may be considered in applying this subsection.
(D) The Department of Revenue may issue regulations
establishing guidelines, including conditions, under which a
disqualification for life under subsection (B) may be reduced to not
less than ten years.
(E) A person is disqualified from driving a commercial motor
vehicle for life who uses a commercial motor vehicle in the
commission of a felony involving the manufacture, distribution, or
dispensing of a controlled substance or possession with intent to
manufacture, distribute, or dispense a controlled substance.
(F) A person is disqualified from driving a commercial motor
vehicle for not less than sixty days if convicted of two serious traffic
violations or one hundred twenty days if convicted of three serious
traffic violations, committed in a commercial motor vehicle arising
from separate incidents occurring within a three-year period.
(G) After suspending, revoking, or canceling a commercial driver
license, the Department of Public Safety Revenue shall
update its records to reflect that action immediately. After suspending,
revoking, or canceling a nonresident commercial driver's privilege, the
Department of Public Safety Revenue shall notify the
licensing authority of the state which issued the commercial driver
license or commercial driver instruction permit within ten days."
SECTION 51. Section 56-1-2130 of the 1976 Code, as last amended
by Section 1355, Act 181 of 1993, is further amended to read:
"Section 56-1-2130. (A) A person who drives a commercial
motor vehicle within this State is considered to have given consent,
subject to provisions of Section 56-5-2950, to take a test of
that person's blood, breath, or urine for the purpose of determining
that person's alcohol concentration or the presence of other drugs.
(B) Tests may be administered at the direction of a law
enforcement officer, who, after stopping or detaining
the driver of a commercial motor vehicle, has probable cause to
believe that the driver was driving a commercial motor vehicle while
having a measurable amount of alcohol in his system.
(C) A person requested to submit to a test as provided in
subsection (A) must be warned by the law enforcement officer
requesting the test, that a refusal to submit to the test must
result in that person being placed out of service immediately for
twenty-four hours and being disqualified from operating a commercial
motor vehicle for not less than one year under Section 56-1-2110.
(D) If the person refuses testing, or submits to a test which
discloses an alcohol concentration of four one-hundredths of one
percent or more, the law enforcement officer shall submit a report to
the Department of Public Safety Revenue certifying
that the test was requested pursuant to subsection (A) and that the
person refused to submit to testing, or submitted to a test
which disclosed an alcohol concentration of four one-hundredths of
one percent or more.
(E) Upon receipt of the report of a law enforcement officer
submitted under subsection (D), the Department of Public
Safety Revenue shall notify the department that
disqualify the driver is disqualified from driving a
commercial motor vehicle under Section 56-1-2110."
SECTION 52. Section 56-1-2140 of the 1976 Code, as last amended
by Section 1356, Act 181 of 1993, is further amended to read:
"Section 56-1-2140. Within ten days after receiving a report
of the conviction of a nonresident holder of a commercial driver
license for a violation of state law or local ordinance relating to motor
vehicle traffic control, other than a parking violation, committed in a
commercial motor vehicle, the Department of Public Safety
Revenue shall notify the driver licensing authority in the
licensing state of the conviction."
SECTION 53. Section 56-1-3350 of the 1976 Code, as added by
Section 1357, Act 181 of 1993, is amended to read:
"Section 56-1-3350. (A) Upon application by
any a person ten years of age or older who is a
resident of South Carolina, the Motor Vehicle Division of the
Department of Revenue and Taxation shall issue a special
identification card as long as both of the following apply:
(1) The application is made on a form approved and furnished
by the division; and.
(2) The applicant presents to the person issuing the
identification card a birth certificate or other evidence acceptable to
the division Department of Revenue of his name and
date of birth.
(B) The fee for the issuance of the special identification
card is five dollars, and the identification card expires five years from
the date of issuance. The renewal fee is also five dollars. Issuance
and renewal fees are waived for indigent persons who are mentally ill,
mentally retarded, homeless, or who are on public assistance
as the sole source of income. As used in this section `indigent' means
a person who is qualified for legal assistance which is paid for with
public funds.
(C)(1) For purposes of this section, a `homeless person'
is an individual who lacks a fixed and regular nighttime residence or
an individual who has a primary nighttime residence that is:
(a) a supervised publicly or privately operated shelter
designed to provide temporary living accommodations, including
congregated shelters, and transitional housing;
(b) an institution that provides a temporary residence for
individuals intended to be institutionalized; or
(c) a public or private place not designed for, or ordinarily
used as, regular sleeping accommodations for human beings.
(2) The term `Homeless person' does
not include any an individual imprisoned or otherwise
detained pursuant to an act of Congress. Annually, the director of a
facility which provides care or shelter to homeless persons
must shall certify this fact to the Department of
Revenue and Taxation. The department must
shall maintain a list of facilities which are approved
by the department, and only letters from the directors of these
approved facilities are considered to comply with the provisions
of this section.
(D) To have the issuance or renewal fee waived for an
identification card, a homeless person must shall
present a letter to the Department of Revenue and Taxation
from the director of a facility that provides care or shelter to homeless
persons certifying that the person named in the letter is homeless. The
signature of the director must be notarized, and the date of the
letter may must not be older than thirty days. The
department may promulgate regulations to implement the
provisions of this section.
(E) Special identification cards issued to persons under
the age of twenty-one years must be marked, stamped, or
printed to readily indicate that the person to whom the card is issued
is under the age of twenty-one years."
SECTION 54. Section 56-3-20(21) of the 1976 Code, as last
amended by Section 1358, Act 181 of 1993, is further amended to
read:
"(21) `Department' means the Department of Revenue and
Taxation acting directly or through its duly authorized
officers and agents;"
SECTION 55. Section 56-3-250 of the 1976 Code, as last amended
by Section 1360, Act 181 of 1993, is further amended to read:
"Section 56-3-250. (A) No vehicle shall
may be registered and licensed by the Department of
Revenue unless a signed statement accompanies the application
certifying that:
(1) all county and municipal taxes legally due by the
applicant on the vehicle concerned have been paid, and if
such the vehicle is legally subject to being returned by
the applicant for county and municipal taxes, such
the return has been made;
(2) that the applicant is not delinquent in the
payment of any motor vehicle taxes in this State, and
that;
(3) the address and county shown on the application for
license is the true legal residence of the applicant.
(B) A transfer between members of the same family
shall not, for the purpose of this section, be is
not considered a bona fide purchase.
(C) Any A person falsely certifying as
required in this section shall must have his driver's
license suspended for a period of six months.
(D) The provisions of This section shall
does not apply to any a citizen of this State
on active duty with the Armed Forces of the United States when the
vehicle to be registered and licensed is operated for more than six
months each year outside the boundaries of this State, nor to
any a motor vehicle subject to assessment for ad
valorem tax purposes by the State Tax Commission
Department of Revenue."
SECTION 56. Section 56-3-360 of the 1976 Code, as last amended
by Section 1362, Act 181 of 1993, is further amended to read:
"Section 56-3-360. The Department of Public Safety
Revenue may suspend the registration of a vehicle whose theft
or conversion is reported to it pursuant to Section 56-19-810 or
Section 56-19-820."
SECTION 57. Section 56-3-1330, as last amended by Section 1369,
Act 181 of 1993, is further amended to read:
"Section 56-3-1330. (A) The Department of
Public Safety (department) Revenue may suspend,
cancel, or revoke the registration and license of a vehicle, or
the registration card, license plate, or revalidation
sticker, or other another document issued by
the department as authorized under this chapter in any one
or more of the following events when the:
(1) Department of Revenue determines to its
satisfaction that such the registration and license,
registration card, license plate, or revalidation sticker,
or other another document was issued
fraudulently or erroneously issued;
(2) Department of Public Safety or other law enforcement
agency determines to its satisfaction that a registered and licensed
vehicle is mechanically unsafe or unfit to be operated or moved upon
a highway;
(3) vehicle registered and licensed has been dismantled or
wrecked;
(4) Department of Revenue determines that the required
fee has not been paid and is not paid upon reasonable notice and
demand;
(5) registration card, license plate, or revalidation
sticker, or other another document is
knowingly displayed knowingly upon a vehicle other
than the one for which it was issued;
(6) Department of Revenue determines to its
satisfaction that the owner has committed any an
offense under this chapter involving such the
registration card, license plate, or revalidation sticker,
or other another document;
(7) Department of Revenue is so authorized under
any other provisions of law.
(B) The circuit courts of this State shall have
jurisdiction to review actions of the Department of Revenue
that suspend, cancel, or revoke the registration and license of a
vehicle, or the registration card, license plate, or
revalidation sticker, or other another
document, when petitioned by a resident of this State. The
decision of the court shall be is binding upon the
department or Department of Revenue and Taxation
and the petitioner."
SECTION 58. Section 56-3-1972 of the 1976 Code, as last amended
by Section 1378, Act 181 of 1993, is further amended to read:
"Section 56-3-1972. (A) For purposes of this
article, a uniform parking violations ticket shall must
consist of five copies, one of which must be:
(1) blue and placed upon the vehicle parked in violation of
this article;
(2) one of which must be yellow and must
be dispatched to the Department of Public Safety
Revenue for its records;
(3) one of which must be white and must
be maintained by the originating agency;
(4) one of which must be green and must
be retained by the trial officer for his records;
(5) and one of which must be pink and
must be dispatched by the issuing agency to the Department of
Public Safety Revenue for purposes of audit.
(B) Each ticket shall must have a unique
identifying number."
SECTION 59. Section 56-3-1973 of the 1976 Code, as last amended
by Section 1379, Act 181 of 1993, is further amended to read:
"Section 56-3-1973. The Department of Public Safety
shall Revenue must have the uniform parking violations
ticket printed. Law enforcement and security agencies shall order
tickets from the Department of Public Safety Revenue
and shall record the identifying numbers of the tickets received by
them. The cost of the tickets must be paid by the law enforcement or
security agency. The audit copy and the Department of Public
Safety Revenue record's copy must be forwarded to the
department of Public Safety within thirty days of the
disposition of the case by final trial court action. The head of each law
enforcement agency is responsible for forwarding the audit
copies, and for conducting an annual inventory on
December thirty-first of all tickets received but not yet disposed of by
final trial court action, and forwarding the results of the
inventory on a form prescribed by the Department of Public
Safety Revenue to the department of Public Safety
within ten days of the completion of the inventory."
SECTION 60. Section 56-3-1974 of the 1976 Code, as last amended
by Section 1380, Act 181 of 1993, is further amended to read:
"Section 56-3-1974. A person who wilfully and intentionally
violates the provisions of Section 56-3-1973 is guilty of a
misdemeanor and, upon conviction, must be fined not less than two
hundred fifty dollars nor more than fifteen hundred dollars or
imprisoned not more than six months, or both, for each ticket
unaccounted for or for each failure to timely forward the issuing
agency's copy, or Department of Public Safety
Revenue record's copy, or audit copy of a ticket. If
the failure to account for a ticket or the failure to timely forward the
issuing agency's copy, or the Department of Public
Safety Revenue record's copy, or audit copy of
the ticket is inadvertent or unintentional, the misuse is triable in
magistrate's court and, upon conviction, the person must be fined not
more than one hundred dollars.
The service of the uniform parking violations ticket vests all
traffic, recorder's, and magistrate's courts with jurisdiction to hear and
dispose of the charge for which the ticket was issued and
served."
SECTION 61. Section 56-5-370 of the 1976 Code, as last amended
by Section 1399, Act 181 of 1993, is further amended to read:
"Section 56-5-370. `Department' for the purpose of this
chapter means the Department of Public Safety
Transportation acting directly or through its duly
authorized officers and agents."
SECTION 62. Section 56-5-2585 of the 1976 Code, as last amended
by Section 1416, Act 181 of 1993, is further amended to read:
"Section 56-5-2585. Disabled veterans shall be
are exempt from the payment of municipal parking meter fees
when their vehicles bear a disabled veteran's license plate issued by
the Department of Revenue and Taxation."
SECTION 63. Section 56-5-2945(B) of the 1976 Code, as last
amended by Section 1419, Act 181 of 1993, is further amended to
read:
"(B) As used in this section, `great bodily injury' means
bodily injury which creates a substantial risk of death or which causes
serious, permanent disfigurement, or protracted loss or
impairment of the function of any a bodily member or
organ.
The Department of Revenue shall suspend the driver's
license of any a person who is convicted or who
receives sentence upon a plea of guilty or nolo contendere pursuant to
this section for a period to include any term of imprisonment plus
three years."
SECTION 64. Section 56-5-2950(d) and (f) of the 1976 Code, as
last amended by Section 1420, Act 181 of 1993, is further amended
to read:
"(d) If a person under arrest refuses, upon the request of a
law enforcement officer, to submit to chemical tests as provided in
subsection (a) of this section, none may be given,
but. However, the Department of Revenue, on
the basis of a report of the law enforcement officer that the arrested
person was operating a motor vehicle in this State while under the
influence of alcohol, drugs, or a combination of them and that the
person had refused to submit to the tests, shall suspend his
license or permit to drive, or any a nonresident
operating privilege for a period of ninety days. If the person
is a resident without a license or permit to operate a motor vehicle in
this State, the Department of Revenue shall deny to the person
the issuance of a license or permit for a period of ninety days
after the date of the alleged violation. The ninety-day period of
suspension begins with the day after the date of the notice required to
be given, unless a hearing is requested as provided, in which case the
ninety-day period begins with the day after the date of the order
sustaining the suspension or denial of issuance. The report of the
arresting officer must include what grounds he had for believing that
the arrested person had been operating a motor vehicle in this State
while under the influence of alcohol, drugs, or a combination of them.
If the arrested person took the chemical breath test but refused to
provide a blood or urine sample, the report of the arresting officer
must include what were his grounds for believing that the arrested
person was under the influence of drugs other than alcohol. If a
person who refuses, upon the request of a law enforcement officer, to
submit to chemical tests as provided in subsection (a) of this
section, pleads guilty or nolo contendere to, or forfeits bond for
a first offense violation of Section 56-5-2930, within thirty days of
arrest, the period of the suspension of driving privileges under this
section must be canceled, and any a
suspension of driving privileges under Section 56-5-2990 for a first
conviction may not exceed six months.
(f) When it is finally determined under the procedures of this
section that a nonresident's privilege to operate a motor vehicle in this
State has been suspended, the Department of Revenue shall
give information in writing of the action taken to the motor vehicle
administrator of the state of the person's residence and of any state in
which he has a license."
SECTION 65. Section 56-5-2990 of the 1976 Code, as last amended
by Section 1421, Act 181 of 1993, is further amended to read:
"Section 56-5-2990. The Department of Revenue
shall suspend the driver's license of any a 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 another
law or ordinance of this State or of any a municipality
of this State that prohibits any a 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 A person whose license is revoked
following conviction for a fifth offense as provided in this section is
forever barred from being issued any a license by the
Department of Revenue and Taxation to operate a motor
vehicle.
Any A person whose license is suspended under
the provisions of this section must be notified of suspension by
the Department of Revenue of the requirement to be evaluated
by and successfully complete an Alcohol and Drug Safety Action
Program certified by the South Carolina Commission on
Department of Alcohol and Other Drug Abuse
prior to services before 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 the services are necessary,
recommended in the plan of education or treatment, or
both, developed for the applicant is a are
mandatory requirement requirements 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 Department of
Alcohol and Other Drug Abuse Services. The cost
may not exceed seventy-five dollars for assessment, one hundred
twenty-five dollars for education services, two hundred twenty-five
dollars for treatment services, and three hundred dollars in total for
any and all services. No applicant may be denied services due
to an inability to pay. The applicant shall must 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
successfully 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 on Department
of Alcohol and Other Drug Abuse Services. If
the applicant is unsuccessful in the Alcohol and Drug Safety Action
Program, the Department of Revenue 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 of Revenue and the Commission
on Department of Alcohol and Other Drug Abuse
Services shall develop procedures necessary for the
communication of information pertaining to relicensing or otherwise.
Such The 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 a 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
has turned his license in to the department or the
Department of Revenue and Taxation."
SECTION 66. Section 56-5-4070 of the 1976 Code, as last amended
by Section 1430, Act 181 of 1993, is further amended to read:
"Section 56-5-4070. (1) Two or three unit vehicle
combinations may be operated on the National System of Interstate
and Defense Highways, on those qualifying federal-aid highways so
designated by the United States Secretary of Transportation, and
on other highways as designated by the Department of
Public Safety Transportation in accordance with
Section 56-5-4075. The Department of Transportation may
require warning devices which may be necessary to protect public
safety.
When in use on the National System of Interstate and Defense
Highways and `other qualifying highways':
(a) A trailer or semitrailer may be operated in a two unit truck
tractor-trailer or truck tractor-semitrailer combination in excess of a
length of forty-eight feet but no longer than fifty-three feet, inclusive
of the load carried on it. A fifty-three foot long trailer must be
equipped with a rear underride guard, and the distance
between the kingpin of the vehicle and the center of the rear axle
assembly or to the center of the tandem axle assembly if equipped
with two axles must be no greater than forty-one feet;.
(b) A trailer or semitrailer, operating in a three unit
combination, may not exceed a length of twenty-eight and one-half
feet, inclusive of the load carried on it;.
(c) Auto and boat transporters may not have an overall length
in excess of seventy-five feet, exclusive of front and rear
overhang;. However, front overhang must
may not exceed three feet and rear overhang must
may not exceed four feet;.
(d) Saddle mounts and full mounts may not have an overall
length in excess of seventy-five feet.
(2) No motor vehicle, exclusive of truck tractors being used in two
or three unit combinations on the National System of Interstate and
Defense Highways, on those qualifying federal-aid highways so
designated by the United States Secretary of Transportation, and
on other highways as designated by the Department of
Public Safety Transportation in accordance with
Section 56-5-4075, may exceed a length of forty feet extreme overall
dimension, inclusive of front and rear bumpers and load carried on it,
and a motor vehicle, other than a motor home, in excess of thirty-five
feet may have not less than three axles, except buses with two axles
approved by the Department of Public Safety
Transportation.
(3) A combination of vehicles coupled together or especially
constructed to transport motor vehicles in a truckaway or driveaway
service may tow up to three saddle mounts. No other combination of
vehicles coupled together may consist of more than two units, except
as permitted by subsection (1) of this section.
(4) Except as permitted by subsection (1) of this section,
trailers or semitrailers used within combinations may not exceed a
length of forty-eight feet, and auto transporters are excluded
from trailer length limitations. Auto transporters may be allowed an
upper level overhang not to exceed three feet on the front and four
feet on the rear.
(5) Except where specifically prohibited in this article, there is no
overall length limit on combination vehicles.
(6) Appropriate safety and energy conservation devices and
compressors and fuel saving equipment on the front or loading devices
on the rear of trailers or semitrailers may must not be
considered when determining their length for purposes of this section
if the overall length limitations of combinations of vehicles is not
exceeded."
SECTION 67. Section 56-5-4075 of the 1976 Code, as last amended
by Section 1431, Act 181 of 1993, is further amended to read:
"Section 56-5-4075. The Department of Public Safety,
and the Department of Transportation, and the Department
of Revenue and Taxation may promulgate regulations as
necessary to implement the provisions of this article. Regulations may
be promulgated to make designations as are necessary to
provide for those vehicles which operate on the National System of
Interstate and Defense Highways and `other qualifying highways'
pursuant to Sections 56-5-4030 and 56-5-4070 reasonable access to:
(a) terminals, and facilities for food, fuel, repairs,
and rest;
(b) points of loading and unloading for household goods carriers
and auto transporters; and
(c) specific industrial, commercial, warehousing, and similar sites,
only after consulting with and considering the views of the local
governments through whose jurisdictions such the
specific site access would pass.
The Department of Transportation may cooperate with the United
States Government by providing information to accomplish uniformity
in designating `other qualifying highways'. The information may
only be provided only after safety and operational
requirements of the citizens of this State have been studied by the
Department of Transportation. Any Proposals by the
Department of Transportation to add highways, other than those
provided for in items (a), (b), and (c) of this section,
to the network of `qualifying highways' designated by the United
States Secretary of Transportation must be approved by the General
Assembly before they become are effective.
The Governor may petition the Secretary of Transportation of the
United States to remove any a highway federally
designated under the Surface Transportation Assistance Act of 1982
[49 USCS Appx Sections 2301 et seq.], as amended by Congress, and
not considered safe."
SECTION 68. Section 56-5-4095, as last amended by Section 1432,
Act 181 of 1993, is further amended to read:
"Section 56-5-4095. An official of the Department of
Revenue and Taxation Transportation designated by
the director, in his discretion, upon application in writing and good
cause being shown, may issue to a vehicle a permit in writing
authorizing the applicant to operate or move upon the state's public
highways a motor vehicle and loads for transporting not more than
two modular housing units or sectional housing units if the total length
of the vehicle, including the load, does not exceed the length presently
authorized by law and regulation for the transporting of mobile homes.
No permit may be issued to any a vehicle whose
operation upon the public highways of this State threatens the safety
of others or threatens to unduly damage a highway or any of
its appurtenances."
SECTION 69. Section 56-5-4140 of the 1976 Code, as last amended
by Section 1433, Act 181 of 1993 and Section 92, Part II, Act 164 of
1993, is further amended to read:
"Section 56-5-4140. (1) The gross weight of a vehicle or
combination of vehicles, operated or moved upon any
a highway or section of highway other than the Interstate
System, shall may not exceed:
(a) single-unit vehicle with two axles: 35,000
lbs.;
(b) single-unit vehicle with three axles: 46,000
lbs.;
(c) single-unit vehicle with four or more axles: 63,000
lbs.;
(d) combination of vehicles with three axles: 50,000
lbs.;
(e) combination of vehicles with four axles: 65,000
lbs.;
(f) combination of vehicles with five or more axles:
73,280 lbs.
The gross weight imposed upon the highway by two or more
consecutive axles in tandem articulated from a common attachment to
the vehicle and spaced not less than forty inches nor more than
ninety-six inches apart shall may not exceed thirty-six
thousand pounds, and no one axle of any such a group
of two or more consecutive axles shall may exceed the
load permitted for a single axle. The load imposed on the highway by
two consecutive axles, individually attached to the vehicle and spaced
not less than forty inches nor more than ninety-six inches
apart, shall may not exceed thirty-six thousand
pounds, and no one axle of any such a group
of two consecutive axles shall may exceed the load
permitted for a single axle. The gross weight imposed upon the
highway by all axles of a single-unit vehicle with four or more axles
shall may not exceed the following:
Distance between the extremes of the front and rear axles measured
to the nearest foot: Maximum Gross Weight
at least 12 feet: 50,000;
at least 13 feet: 50,000;
at least 14 feet: 51,500;
at least 15 feet: 52,000;
at least 16 feet: 52,500;
at least 17 feet: 53,500;
at least 18 feet: 54,000;
at least 19 feet: 54,500;
at least 20 feet: 55,500;
at least 21 feet: 56,000;
at least 22 feet: 56,500;
at least 23 feet: 57,500;
at least 24 feet: 58,000;
at least 25 feet: 58,500;
at least 26 feet: 59,500;
at least 27 feet: 60,000;
at least 28 feet: 60,500;
at least 29 feet: 61,500;
at least 30 feet: 62,000;
at least 31 feet: 62,500;
at least 32 feet: 63,500;
(2)(a) Except as permitted in item (b) of this
subitem, the maximum permissible gross weight which may be
imposed upon any a highway or section of highway
in the Interstate System is prescribed by this section. The overall
maximum gross weight of a vehicle or combination of vehicles may
not exceed:
(1) single-unit vehicle with two axles: 35,000
lbs.;
(2) single-unit vehicle with three axles: 46,000
lbs.;
(3) single-unit vehicle with four or more axles: 63,500
lbs.;
(4) combination of vehicles with three axles: 50,000
lbs.;
(5) combination of vehicles with four axles: 65,000
lbs.;
(6) combination of vehicles with five or more axles:
73,280 lbs.
The overall maximum gross weight of single unit vehicles with four
or more axles may not exceed the following:
Distance between the extremes of the front and rear axles measured
to the nearest foot: Maximum Gross
Weight
at least 12 feet: 50,000;
at least 13 feet: 50,500;
at least 14 feet: 51,500;
at least 15 feet: 52,000;
at least 16 feet: 52,500;
at least 17 feet: 53,500;
at least 18 feet: 54,000;
at least 19 feet: 54,500;
at least 20 feet: 55,500;
at least 21 feet: 56,000;
at least 22 feet: 56,500;
at least 23 feet: 57,500;
at least 24 feet: 58,000;
at least 25 feet: 58,500;
at least 26 feet: 59,500;
at least 27 feet: 60,000;
at least 28 feet: 60,500;
at least 29 feet: 61,500;
at least 30 feet: 62,000;
at least 31 feet: 62,500;
at least 32 feet: 63,500;
The ten percent enforcement tolerance specified in Section
56-5-4160 applies to the vehicle weight limits specified in this
subsection except, the gross weight on a single axle may not exceed
20,000 pounds, including all enforcement tolerances; the gross weight
on a tandem axle may not exceed 35,200 pounds, including all
enforcement tolerances; and the overall gross weight may not exceed
75,185 pounds, including all enforcement tolerances.
(b) Vehicles with an overall maximum gross weight in excess
of 75,185 pounds may operate upon any a highway or
section of highway in the Interstate System in accordance with the
following:
The weight imposed upon the highway by any a
group of two or more consecutive axles may not, unless
specially permitted by the Department of Revenue and
Taxation Transportation, may not exceed an
overall gross weight produced by the application of the following
formula: W=500 (LN/N-1 + 12N + 36).
In the formula W equals overall gross weight on any
a group of two or more consecutive axles to be
the nearest 500 pounds, L equals distance in feet between the
extreme of any a group of two or more consecutive
axles, and N equals number of axles in the group under consideration.
As an exception, two consecutive sets of tandem axles may carry
a gross load of 68,000 pounds if the overall distance between the first
and last axles of the consecutive sets of tandem axles is 36 feet or
more. Additionally, the gross weight imposed upon the highway by
any one axle of a vehicle may not exceed 20,000 pounds, and
the gross weight imposed upon the highway by any a
group of two or more axles spaced not less than forty nor more than
ninety-six inches apart (tandem axle) may not exceed 34,000 pounds,
and the overall maximum gross weight, except for those
vehicles which have been issued special permits by the Department of
Revenue and Taxation Transportation, may not exceed
80,000 pounds. The formula is expressed by the following table:
Distance in feet Maximum load in pounds
between the extremes carried on any
a group of
of any a group of 2 or 2 or more
consecutive
more consecutive axles axles
2 3 4 5 6 7
axles axles axles axles axlesaxles
4 34,000
5 34,000
6 34,000
7 34,000
8 & less 34,000 34,000
more than 8 38,000 42,000
8 34,000 34,000
9 39,000 43,000
10 40,000 43,500
11 44,500
12 45,000 50,000
13 46,000 50,500
14 46,500 51,500
15 47,500 52,000
16 48,000 52,500 58,000
17 49,000 53,500 58,500
18 49,500 54,000 59,500
19 50,500 54,500 60,000
20 51,000 55,500 60,500 66,000
21 52,000 56,000 61,000 66,500
22 52,500 56,500 62,000 67,000
23 53,500 57,500 62,500 68,000
24 54,000 58,000 63,000 68,50074,000
25 55,000 58,500 63,500 69,00074,500
26 55,500 59,500 64,500 69,50075,000
27 56,500 60,000 65,000 70,00075,500
28 57,000 60,500 65,500 71,00076,500
29 58,000 61,500 66,000 71,50077,000
30 58,500 62,000 67,000 72,00077,500
31 59,500 62,500 67,500 72,50078,000
32 60,000 63,500 68,000 73,00078,500
33 64,000 68,500 74,00079,000
34 64,500 69,500 74,50080,000
35 65,500 70,000 75,000
36 68,000 70,500 75,500
37 68,000 71,000 76,000
38 68,000 72,000 77,000
39 68,000 72,500 77,500
40 68,500 73,000 78,000
41 69,500 73,500 78,500
42 70,000 74,500 79,000
43 70,500 75,000 80,000
44 71,500 75,500
45 72,000 76,000
46 72,500 77,000
47 73,500 77,500
48 74,000 78,000
49 74,500 78,500
50 75,500 79,500
51 76,000 80,000
52 76,500
53 77,500
54 78,000
55 78,500
56 79,500
57 80,000
Enforcement tolerances allowed in Section 56-5-4160 do not apply
to vehicles with an overall gross weight in excess of 75,185 pounds.
(c) Until September 1, 1988, there is a moratorium on
enforcement of the 34,000 pound tandem axle limit for vehicles
operating on the Interstate System in South Carolina within a gross
weight of 75,185 and 80,000 pounds to the extent that the vehicles
may carry up to 35,200 pounds on a tandem axle or on each tandem
axle within a series of tandem axles. As of September 1, 1988, the
moratorium on enforcement referred to in this paragraph shall
lapse lapses.
Until September 1, 1988, the federal bridge formula may
must not be enforced so as to reduce the 35,200 pound
tandem axle limit permitted pursuant to paragraph 1 of this item
(c) of subsection (2).
Until September 1, 1988, for the five categories of carriers set
forth in this paragraph which are operating within a gross vehicle
weight of 75,185 and 80,000 pounds on Interstate Highways within
South Carolina, there is a moratorium on enforcement of inner bridge
measurements under the federal bridge formula. The five categories
of carriers are:
(a) five axle vehicles or combinations of vehicles designed
solely for transportation of liquids or tankers designed for bulk
hauling;
(b) five axle dump trucks with a tandem axle configuration;
(c) five axle vehicles engaged in the transportation of
construction materials;
(d) vehicles transporting raw or unprocessed agricultural or
forest products;
(e) any intermodal ocean containers. This moratorium shall
lapse lapses on September 1, 1988.
After September 1, 1988, both the 34,000 pound tandem axle limit
and the federal bridge formula established by 23 U.S.C. Section 127
must be enforced in their entirety for all vehicles operating on
Interstate Highways within South Carolina within a gross vehicle
weight of 75,185 and 80,000 pounds. Any A moratorium on
enforcement granted by this stipulation shall lapse
lapses as of September 1, 1988.
(3) Except on the interstate highway system:
(a) Dump trucks, dump trailers, trucks carrying agricultural
products, concrete mixing trucks, fuel oil trucks, line trucks, and
trucks designated and constructed for special type work or use,
including, but not limited to, well-drilling and boring rigs, are not
required to conform to the axle spacing requirements of this
section, but the vehicle is limited to a weight of twenty-five
thousand pounds per for each axle plus scale
tolerances, and the maximum gross weight of these vehicles
may not exceed the maximum weight allowed by this section for the
appropriate number of axles, irrespective of the distance between
axles, plus allowable scale tolerances.
(b) Concrete mixing trucks which operate within fifteen miles
of their home base and well-drilling and boring rigs which operate
seventy-five miles of their home base are not required to conform to
the requirements of this section but these vehicles are limited to a
maximum load of the rated capacity of the concrete mixer, the true
gross load not to exceed seventy thousand pounds. All of these
vehicles shall must have at least three axles each with
brake-equipped wheels."
SECTION 70. Section 56-5-4150 of the 1976 Code, last amended
by Section 1435, Act 181 of 1993 and Section 39C, Part II, Act 164
of 1993, is further amended to read:
"Section 56-5-4150. The Department of Revenue and
Taxation upon registering a vehicle, under the laws of this State,
which is designed and used primarily for the transportation of property
or for the transportation of ten or more persons, may require
information and may make investigation or tests necessary to enable
it to determine whether the vehicle may be operated safely upon the
highways in accordance with all the provisions of this chapter. The
Department of Revenue and Taxation may register the vehicle
for a load capacity which, added to the empty or unloaded weight of
the vehicle, will result in a permissible gross weight not exceeding the
limitations set forth in this chapter. It is unlawful for a person to
operate a vehicle or combination of vehicles with a load capacity in
excess of that for which it is registered by the Department of Revenue
and Taxation or in excess of the limitations set forth in this
chapter. A person making application for a `farm truck' license shall
declare in the form prescribed by the Department of Revenue and
Taxation the true unloaded or empty weight of the vehicle and
shall stencil or mark in a conspicuous place on the left side of the
vehicle the true unloaded or empty weight if the unloaded or empty
weight is over five thousand pounds.
A private motor truck or truck tractor of more than twenty-six
thousand pounds gross weight and a for-hire motor truck or truck
tractor must have the name of the registered owner or lessor on the
side clearly distinguishable at a distance of fifty feet. These
provisions do not apply to two-axle straight trucks hauling raw farm
and forestry products. A truck operating pursuant to the federal motor
carrier safety regulations may operate with the owner's, lessor's, or
lessee's name as required."
SECTION 71. Section 56-5-4170 of the 1976 Code, as last amended
by Section 1438, Act 181 of 1993, is further amended to read:
"Section 56-5-4170. (a) Subject to the conditions prescribed
in subsection (b), the Department of Revenue and Taxation
Transportation, in its discretion upon application in writing
and good cause being shown that it is in the public interest, may issue
special permits authorizing the applicants to operate or move vehicles
or combinations of vehicles of a size and weight of vehicle or load
exceeding the maximum specified in this article or otherwise not in
conformity with the provisions of this article upon any
a state highway. The application for the permit specifically
must describe the vehicle and load to be operated or moved and the
particular highways for which a permit to operate is requested. A
permit must be carried in the vehicle or combination of vehicles to
which it refers and must be open to inspection by any
a police officer or an authorized agent of the
authority granting the permit. No person may violate any of the terms
or conditions of the special permit. The Department of Revenue
and Taxation Transportation shall charge a fee of twenty
dollars for each permit issued, and fees collected pursuant to this
provision must be placed in the state general fund and used for
defraying the cost of issuing and administering the permits, and
for other highway purposes.
(b) The Department of Revenue and Taxation
Transportation may exercise its discretion in issuing permits
for the movement of all types of vehicles which exceed the legal size
and weight limits, provided that. However, the:
(1) load carried thereon cannot on the vehicle must
not be readily disassembled;
(2) Department of Revenue and Taxation, in conjunction
with the Department of Transportation may limit or prescribe
conditions of operation of such the vehicles;
(3) Department of Revenue and Taxation
Transportation may require such insurance or other
security as it deems considers necessary; and
(4) movements are made so as not to damage the highways nor
unduly interfere with highway traffic.
The following are general provisions applicable to all oversize and
overweight loads:
(1) The granting of a permit shall does not
constitute a waiver of any the license requirements
imposed by the State of South Carolina.
(2) The granting of a permit does not waive any
the liability or responsibility of the applicant which might
accrue for any property damage, including damage to the
highways, or for personal injuries.
(3) The granting of a permit does not exempt the applicant from
compliance with any ordinances, rules, and regulations
of any city or town a municipality.
(4) Before granting any a permit, the
Department of Revenue and Taxation Transportation,
at its discretion, may require the vehicle owner or operator to furnish
a certificate showing the amount of public liability and property
damage, insurance carried.
(5) All vehicles shall meet the requirements of all applicable
laws and regulations.
(6) Overwidth loads or mobile homes shall must
be moved over sections of highways selected by the Department of
Transportation.
(7) The Department of Transportation will shall
determine the speeds permitted loads are to operate under.
(8) The driver shall remove the towing vehicle along with the
load or mobile home from the traveled way to allow any
closely following traffic (five vehicles maximum) to pass and proceed.
Applications for overweight and oversize permits shall
must be submitted on forms provided by the Department of
Transportation to the Department of Revenue and Taxation and
shall must include all the necessary information
required.
Each application shall must be accompanied by the
permit fee before it can may be issued. The permit
fee accompanying any an application that is rejected
will must be returned to the person or company named
within the application.
Special oversize and overweight trip permits for movement of
vehicles or combinations of vehicles with individual loads
thereon on them in excess of the maximum sizes and
weights allowed must receive special consideration by and have prior
approval of the Department of Transportation prior to
before any part of the move to be undertaken.
In all cases, the State reserves the right to recall or not issue
permits in accordance with the above limitations if there is an abuse
of the permit or such the permit would cause an
unnecessary amount of disruption in the normal traffic flow.
(c) Notwithstanding the exemptions from the provisions of
this article provided in Section 56-5-4020, the owner of vehicles or
combinations of vehicles used to transport and spread soil
improvement products exempted therein in it from
load and size limitations shall obtain an annual special permit from the
Department of Revenue and Taxation Transportation
which prescribes such limitations on the exemption as
the Department of Transportation may determine necessary. The fee
for such the annual permits shall be is
five dollars with all such fees used as prescribed for other fees
collected under this section.
(d) The detailed implementation of this section shall
must not be deemed to have general applicability to the public
as prescribed in Chapter 23 of Title 1, and additional
procedures established by the Department of Transportation and the
Department of Revenue and Taxation for such the
implementation shall be are exempt from the
requirement of General Assembly approval required by that chapter
when such the procedures are established in
accordance with the provisions of this section."
SECTION 72. Section 56-5-4175 of the 1976 Code, as last amended
by Section 1439, Act 181 of 1993, is further amended to read:
"Section 56-5-4175. (a) The Department of Revenue and
Taxation may Transportation, under such terms
and conditions as in its judgment may be in the public interest for
safety on the highways and in addition to other permits required by
Title 56 of the 1976 Code, may issue permits for the
use on public highways of sheet tobacco trucks. For the purposes of
this section `sheet tobacco truck' is defined as a vehicle used to
transport tobacco in sheets which does not exceed ninety-six inches in
width at the truck bed and nine feet six inches at the widest part of the
load above the truck bed. To be valid such the permit
shall must be carried on the towing vehicle,
and it shall be is unlawful for any a
person to violate any a provision, term, or
condition of such the permit. The fee for each permit
shall be is fifteen dollars and shall authorize
authorizes the use of only one properly described sheet
tobacco truck. The Department of Revenue and Taxation
Transportation may promulgate rules and regulations
to carry out the provisions of this section.
(b) Any A person violating the provisions
of subsection (a) or any rule and a regulation
promulgated by authority hereof of this section is
guilty of a misdemeanor and, upon conviction,
shall must be fined in an amount not to
exceed more than two hundred dollars or imprisoned
for a term not to exceed more than thirty
days."
SECTION 73. Section 56-5-4180 of the 1976 Code, as last amended
by Section 1440, Act 181 of 1993, is further amended to read:
"Section 56-5-4180. The Department of Revenue and
Taxation may Transportation, under such terms
and conditions as it considers to be in the best interest of the
public for safety on the highways, may issue multiple trip
permits for the moving of over-dimensional or overweight nondivisible
loads over specified state highways determined by the Department of
Transportation. The fee for the permit is fifty dollars, payable at the
time of issuance, as long as a permit is purchased for each vehicle in
the fleet, one hundred percent. A multiple trip permit is valid for one
year from the date of issuance. To be valid, the original permit must
be carried on the towing vehicle. It is unlawful for any
a person to violate any a provision, term, or
condition of the permit. The permit is subject at all times to
inspection by any a law enforcement officer or
authorized agent of the authority issuing the permit. A multiple trip
permit is void one year from the date of issue or whenever the
Department of Revenue and Transportation is notified in
writing that the permit has been lost, stolen, or destroyed."
SECTION 74. Section 56-5-4185 of the 1976 Code, as last amended
by Section 1441, Act 181 of 1993 and Section 39D, Part II, Act 164
of 1993, is further amended to read:
"Section 56-5-4185. Notwithstanding Section 56-5-4030 or
any other provision of this chapter, the Department of Revenue and
Taxation Transportation shall issue, under terms and
conditions that are in the public interest for safety on the highways,
a permit for the use on the public highways of cotton modular
vehicles. The permit must be issued annually and it allows movement
on the highways at any time. For the purposes of this section, `cotton
modular vehicle' is defined as a single motor vehicle used only to
transport seed cotton modules, cotton, or equipment used in the
transporting or processing of cotton. This cotton modular vehicle
must may not exceed a width of one hundred seven
inches and must may not exceed a length of fifty feet
extreme overall dimensions and inclusive of front and rear bumpers
and load. To be valid, the permit must be carried on the vehicle, and
it is unlawful for a person to violate any a provision,
term, or condition of the permit. The fee for the permit is fifty dollars
and authorizes the use of only one properly described cotton modular
vehicle. Loaded cotton modular vehicles may must
not be operated on interstate highways.
A person violating (1) the provisions of this section,
(2) any a provision, term, or condition of the permit,
or (3) any a regulation promulgated pursuant to the
authority of this section is guilty of a misdemeanor and, upon
conviction, must be fined an amount not exceeding
more than two hundred dollars or imprisoned for a
term not exceeding more than thirty days."
SECTION 75. Section 56-5-4190 of the 1976 Code, as last amended
by Section 1442, Act 181 of 1993, is further amended to read:
"Section 56-5-4190. Before issuance of any
an open-end permit to any a person,
such the person shall:
(1) file with the Department of Revenue and Taxation
Transportation in such a form as may
be approved by the department of Revenue and Taxation
a bond in the amount of five hundred dollars or such a
greater amount as the applicant may determine will at
all times will equal or exceed the net value of all open-end
permits to be issued to the applicant by the department Revenue
and Taxation for which payment is not received at the time of
issuance, payable to the department of Revenue and Taxation
by some surety or guaranty company authorized to do business in this
State and approved by the department of Revenue and Taxation
as surety conditional upon the lawful movement of any
an oversize mobile home, modular home unit, or
utility building over any a highway in this State and
the payment to the department of Revenue and Taxation any
and all amounts when due for fees provided for in Sections
56-3-710 and 56-5-4200 and the compliance with all of the terms,
conditions, and restrictions of any an oversize
permit of any sort issued to such the person filing
such the bond; or
(2) file with the Department of Revenue and Taxation
Transportation a deposit of cash or acceptable negotiable
securities sufficient in the opinion of the department of Revenue
and Taxation to secure adequately secure the sum
of five hundred dollars or such a greater amount
as the applicant may determine will at all times
will equal or exceed the net value of all open-end permits to
be issued to the applicant by the department of Revenue and
Taxation for which payment is not received at the time of
issuance, such the deposit to be made upon the same
conditions as those required to be set forth in the bond provided for
in item (1) of this section."
SECTION 76. Section 56-5-4200 of the 1976 Code, as last amended
by Section 1443, Act 181 of 1993, is further amended to read:
"Section 56-5-4200. All persons to whom open-end permits
are issued shall file with the Department of Revenue and Taxation
on or Transportation before the twentieth
twenty-first day of each January, April, July, and October
reports showing the number of trips made during the preceding quarter
ending on December thirty-first, March thirty-first, June thirtieth, and
September thirtieth, respectively, the dates of such the
trips, and such other information as the department
of Revenue and Taxation may require. The fee of ten dollars
a trip, required to be paid pursuant to Section 56-3-710, must be paid
to the Department of Revenue and Taxation
Transportation with each such report filed;
. However, the fee for additional trips of less than twelve
miles distance made under such open-end permits is one dollar
a trip. Persons to whom open-end permits are issued shall maintain
full and complete records of all oversize mobile homes, modular home
units, or utility buildings moved, such the records to
be open to audit and inspection by the Department of Revenue and
Taxation Transportation and the Department of Public
Safety."
SECTION 77. Section 56-5-4205 of the 1976 Code, as last amended
by Section 1444, Act 181 of 1993, is further amended to read:
"Section 56-5-4205. The Department of Revenue and
Taxation Transportation, under such terms as in
its judgment and the judgment of the Department of
Transportation and the Department of Public Safety may be in the
public interest for safety on the highways, may issue open end or
annual permits for moving oversize loads and vehicles, oversize
mobile homes, modular home units, utility buildings, and steel
tanks, pursuant to Sections 56-5-4180, 56-5-4190, and 56-5-4200. All
heights shall may not exceed fourteen and one-half
feet, and the owner of any such a transporter
shall be is responsible for any damage which
may occur."
SECTION 78. Section 56-5-5400 of the 1976 Code, as last amended
by Section 1457, Act 181 of 1993, is further amended to read:
"Section 56-5-5400. The department and the
Department of Revenue and Taxation is authorized to
Public Safety may promulgate rules and regulations
for the administration and enforcement of this article; provided,
that. In the rules and regulations no specific
brand or type of equipment shall may be named or
designated as inspection equipment, and only standards of performance
shall may be set. Provided, further, that The
rules and regulations shall must be so
drawn so as not to provide a monopoly of one make of
equipment. When these rules and regulations are duly
promulgated they shall have the full force and effect of
law."
SECTION 79. Section 56-5-5420 of the 1976 Code, as last amended
by Section 1459, Act 181 of 1993, is further amended to read:
"Section 56-5-5420. On the recommendation of the county
legislative delegation, the Department of Public Safety
Transportation shall maintain at the county highway
maintenance shop in each county an inspection station and shall
inspect and issue certificates at such the shop at the
same cost to the motor vehicle owner as is charged by private
garages, provided, that. However, if it is not feasible
to use the maintenance shop, then some other suitable
existing facility in the county may be used. Provided, The
above shall requirements of this paragraph apply when
there are less than five licensed inspection stations in a county.
Provided, that any An owner of a motor vehicle
may file a complaint, with the department after his
vehicle has been inspected by an official inspection station,
either before or after repairs have been made as required by the
inspection, with the department, and. The department
immediately shall forthwith investigate such
the complaint and may revoke or suspend the license of
any an official inspection station found to be
improperly conducted improperly and may require the
refund to the owner of the inspection fee, if it is determined
that the complaint was justified."
SECTION 80. Section 56-5-5670 of the 1976 Code, as last amended
by Section 1461, Act 181 of 1993, is further amended to read:
"Section 56-5-5670. (a) Any A demolisher
who purchases or otherwise acquires a vehicle for purposes of
wrecking, dismantling, or demolition shall is
not be required to obtain a certificate of title for such
the vehicle in his own name. After the vehicle has been
demolished, processed, or changed so that it physically is no longer a
motor vehicle, the demolisher shall surrender for cancellation the
certificate of title, or auction sales receipt, or
disposal authority certificate. The Department of Revenue and
Taxation shall issue such appropriate forms,
rules, and regulations governing the surrender of auction sales
receipts, disposal authority certificates, and certificates of title as
are appropriate.
(b) A demolisher shall keep an accurate and complete record of all
abandoned motor vehicles purchased or received by him in the course
of his business. These records shall must contain the
name and address of the person from whom each vehicle was
purchased or received and the date when such the
purchases or receipts occurred. The records shall must
be open for inspection by any a police officer at any
time during normal business hours. Any A record
required by this section shall must be kept by the
demolisher for at least one year after the transaction to which it
applies."
SECTION 81. Section 56-5-5810 of the 1976 Code, as last amended
by Section 1462, Act 181 of 1993, is further amended to read:
"Section 56-5-5810. For the purposes of this article:
(a) `Officer' means any a state, county,
or municipal law enforcement officer, including county
sanitation officers.
(b) `Motor vehicle' means every device by which a person or
property may be transported or drawn upon a highway by mechanical
means.
(c) `Abandoned vehicle' means a motor vehicle that is inoperable
or is left unattended on public property for more than seventy-two
hours, or a motor vehicle that has remained illegally on private
or public property for a period of more than seven days
without the consent of the owner or person in control of the property.
(d) `Derelict vehicle' means a motor vehicle:
(1) whose certificate of registration has expired and the
registered and legal owner no longer resides at the address listed on
the last certificate of registration on record with the Department of
Revenue and Taxation,; or
(2) whose major parts have been removed so as to render the
motor vehicle inoperable and incapable of passing inspection as
required under existing standards; or
(3) whose manufacturer's serial plates, motor vehicle
identification numbers, license number plates, and any
other means of identification have been removed so as to nullify
efforts to locate or identify the registered and legal owner; or
(4) whose registered and legal owner of record disclaims
ownership or releases his rights thereto to ownership;
or
(5) which is more than seven years old and does not bear a
current license as required by the Department of Revenue
and Taxation.
(e) `Demolisher' means any a person,
firm, or corporation whose business is to convert a motor
vehicle into processed scrap or scrap metal or otherwise to wreck or
dismantle such a the motor vehicle.
(f) `Director' means the Director of the Department of Revenue
and Taxation.
(g) `Department' means the Department of Public Safety.
(h) `Colored tag' means any a type of notice
affixed to an abandoned or derelict motor vehicle advising the owner
or the person in possession that it has been declared an abandoned or
derelict motor vehicle and will be treated as such. The tag
shall must be of sufficient size to be easily discernable
and shall must contain such information
as the director deems considers necessary to
carry out the provisions of this article.
(i) `Vehicle recycling' means the process whereby discarded
motor vehicles are collected and then processed by shredding,
bailing, or shearing to produce processed scrap iron and steel.
(j) `Salvage yard' means a business or a person who holds a
license issued by the Department of Revenue and Taxation
required of all retailers, possesses ten or more derelict motor vehicles,
regularly engages in buying and selling used motor vehicle
parts, and owns the necessary equipment to transport wrecked
and derelict motor vehicles."
SECTION 82. Section 56-5-5850 of the 1976 Code, as last amended
by Section 1464, Act 181 of 1993, is further amended to read:
"Section 56-5-5850. (a) When any a motor
vehicle is derelict or abandoned, the director shall cause a colored tag
to be placed on the motor vehicle which shall be is
notice to the owner, the person in possession of the motor
vehicle, or any a lienholder that it is
considered to be derelict or abandoned and is subject to forfeiture to
the State.
(b) If the motor vehicle is determined to be valued at less than one
hundred dollars, the tag shall must so state and
shall serve serves as the only legal notice that unless
the motor vehicle is removed within seven days from the date of the
tag, it shall become becomes property of the State,
shall and must be removed and sold for recycling
purposes and. All proceeds derived from the sale
shall must be deposited into the state general fund
established for the purpose of administering the provisions of
to administer this article.
(c) If the value of the motor vehicle is determined to be more than
one hundred dollars, the colored tag shall must so state
and shall serve serves as the only legal notice that if
the vehicle is not removed within seven days from the date of the
tag, that it will be removed to a designated place to be
sold. After the motor vehicle is removed, the director shall
notify in writing by registered or certified mail, return receipt
requested, the person in whose name the motor vehicle was last
registered at the last address reflected in the department's
Department of Revenue's records and to any a
lienholder of record, by registered or certified mail, return receipt
requested, that the motor vehicle is being held, designating the place
where it is being held and that if it is not redeemed within thirty days
from the date of the notice by paying all cost of removal and
storage, it shall must be sold for recycling
purposes or for such other purposes as the director
deems considers advisable to ensure obtaining the
highest possible return from the sale. The proceeds of the sale
shall must be deposited in the state general fund
established for the purposes of administering the provisions of
to administer this article.
(d) If the value of the motor vehicle is determined to be more than
one hundred dollars and if the identity of the last registered owner
cannot be determined or if the registration contains no address for the
owner, or if it is impossible to determine with reasonable
certainty the identification and addresses of any lienholders, notice by
one publication in a newspaper of general circulation in the area where
the motor vehicle was located shall be is sufficient to
meet all requirements of notice pursuant to this article. The notice of
publication may contain multiple listings of motor vehicles. Twenty
days after the date of publication the advertised motor vehicle
may be sold. The proceeds of such the sale
shall must be deposited in the state general fund
established for the purpose of administering the provisions of
to administer this article.
(e) Any Notice sent by mail or any a
newspaper notice published under the provisions of this section
shall must contain, the following if it
is obtainable:, the year, make, model, and
serial number of the abandoned motor vehicle.
(f) All officers defined in this article may appraise or determine
the value of derelict or abandoned motor vehicles for the purposes of
this article."
SECTION 83. Section 56-5-5860 of the 1976 Code, as last amended
by Section 1465, Act 181 of 1993, is further amended to read:
"Section 56-5-5860. Title to all motor vehicles sold or
disposed of in accordance with this article shall vest
vests in the State. All manufacturer's serial number plates
and any other identification numbers for all motor vehicles
sold to any a person other than a demolisher
shall at the time of the sale must be turned in to the
Department of Revenue for destruction. Any
A demolisher purchasing or acquiring any a
vehicle hereunder shall under this section, under oath,
shall state to the Department of Revenue that the
vehicles purchased or acquired by it have been shredded or recycled.
The director shall remove and destroy all departmental records
relating to such the motor vehicles in such
a method and manner as he may prescribe;
provided, that such. However, the records shall
must be retained for a minimum of six months from the date
of each sale."
SECTION 84. Section 56-5-6140 of the 1976 Code, as last amended
by Section 1467, Act 181 of 1993, is further amended to read:
"Section 56-5-6140. The Department of Revenue,
within ten days after notice of a moving traffic violation by a person
under the age of eighteen years, shall mail a copy of the charges to the
owner of the vehicle used in the violation."
SECTION 85. The last two paragraphs of Section 56-7-10 of the
1976 Code, as last amended by Section 1468, Act 181 of 1993, are
further amended to read:
"No other ticket may be used for these offenses. The service
of the uniform traffic ticket shall vest vests all traffic,
recorders', and magistrates' courts with jurisdiction to hear and to
dispose of the charge for which the ticket was issued and served. This
ticket will must be designed by the Department of
Revenue and approved by the Attorney General.
For purposes of this chapter `department' means Department of
Public Safety Revenue."
SECTION 86. Section 56-9-20(2) of the 1976 Code, as last
amended by Section 1472, Act 181 of 1993, is further amended to
read:
"(2) `Department' means the Department of Public
Safety Revenue, acting directly or through its duly
authorized officers and agents."
SECTION 87. Section 56-10-20 of the 1976 Code, as last amended
by Section 1474, Act 181 of 1993, is further amended to read:
"Section 56-10-20. The security required under this chapter
is a policy or policies written by insurers authorized to write
such the policies in South Carolina providing for at
least (1) the minimum coverages specified in Sections
38-77-140 through 38-77-230 and (2) the benefits required
under Sections 38-77-240, 38-77-250, and 38-77-260. However, the
Director of the Department of Public Safety Revenue
may approve and accept another form of security in lieu
instead of such a the liability insurance policy
if he finds that such the other form of security is
adequate to provide and does in fact provide the benefits required by
this chapter."
SECTION 88. Section 56-10-40 of the 1976 Code, as last amended
by Section 1475, Act 181 of 1993, is further amended to read:
"Section 56-10-40. Every insurer writing automobile
liability insurance in this State and every provider of other security
approved and accepted by the Director of the Department of Public
Safety Revenue in lieu instead of
such the insurance shall immediately
shall notify the Director of the Department of Public
Safety Revenue of the lapse or termination of any
such the insurance or security issued to or provided for
a resident of this State in one or both of the following
circumstances:
(1) The lapse or termination of such the insurance
or security occurs within three months of issuance provided
that. However, this subsection item only
applies to new policies, and not renewal or replacement
policies; or.
(2) The lapse or termination occurs after three months for a
resident who fails one or more of the objective standards prescribed
in Section 38-73-455.
This notification must be in writing or magnetic media in a manner
considered satisfactory to the Department of Revenue. Upon
receipt of any such notice, the Director of the
Department of Public Safety Revenue shall make a
reasonable effort to notify the person that his certificate of registration
has been suspended and shall recover the certificate from such
the person and the motor vehicle registration plates from the
vehicles concerned."
SECTION 89. Section 56-10-210(3) of the 1976 Code, as last
amended by Section 1477, Act 181 of 1993, is further amended to
read:
"(3) `Department' means the Department of Public
Safety Revenue."
SECTION 90. Section 56-10-220 of the 1976 Code, as last amended
by Section 1478, Act 181 of 1993, is further amended to read:
"Section 56-10-220. Every person applying for registration
for a motor vehicle, shall at the time of such
the registration and licensing, shall declare the
vehicle to be an insured motor vehicle under the penalty set forth in
Section 56-10-260 and shall execute and furnish to the Department of
Revenue and Taxation his certificate that such
the motor vehicle is an insured motor vehicle and that he will
maintain insurance thereon on it during the registration
period. The certificate must be in the form prescribed by the
department. The department may require any a
registered owner or any an applicant for registration
and licensing of a motor vehicle declared to be an insured motor
vehicle to submit a certificate of insurance executed by an authorized
agent or representative of an insurance company authorized to do
business in this State. Such The certificate
must also must be in a form prescribed by the
department."
SECTION 91. The second paragraph of Section 56-10-240 of the
1976 Code, as last amended by Section 1479, Act 181 of 1993, is
further amended to read:
"The Department of Revenue and Taxation, in its
discretion, may authorize insurers to utilize alternative methods of
providing notice of cancellation of or refusal to renew to the
department. The Department of Revenue may not reissue
registration certificates and license plates for that vehicle until
satisfactory evidence has been filed by the owner or by the insurer
who gave the cancellation or refusal to renew notice to the department
that the vehicle is insured. Upon receiving information to the effect
that a policy is canceled or otherwise terminated on a motor vehicle
registered in South Carolina, the Department of Revenue 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. A person who
has had his license plates and registration certificate suspended by the
Department of Revenue, but who at the time of suspension
possesses liability insurance coverage sufficient to meet the financial
responsibility requirements as set forth in this chapter, has the right
to may appeal the suspension immediately to the Director
of the Department of Insurance. If the Director of the Department of
Insurance determines that the person has sufficient liability insurance
coverage, he shall notify the Department of Revenue and
Taxation, and the suspension is voided immediately. The
Department of Revenue and Taxation 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 forwarded
to the Department of Revenue and Taxation office in the
county where the person who surrenders the plates resides."
SECTION 92. Section 56-10-290 of the 1976 Code, as last amended
by Section 1482, Act 181 of 1993, is further amended to read:
"Section 56-10-290. The administration and enforcement of
this article must be by the Department of Public Transportation
Revenue, and law enforcement officers generally shall
also shall enforce this article within their respective
jurisdictions."
SECTION 93. Section 56-15-10(r) of the 1976 Code, as added by
Section 1483, Act 181 of 1993, is amended to read:
"(r) `Department' means Department of Public
Safety Revenue."
SECTION 94. Section 56-16-10(r) of the 1976 Code, as added by
Section 1486, Act 181 of 1993, is amended to read:
"(r) `Department' means Department of Public
Safety Revenue."
SECTION 95. Section 56-19-10(5) of the 1976 Code, as last
amended by Section 1490, Act 181 of 1993, is further amended to
read:
"(5) `Department' means the Department of Revenue and
Taxation."
SECTION 96. Section 56-25-10 of the 1976 Code, as last amended
by Section 1498, Act 181 of 1993, is further amended to read:
"Section 56-25-10. The Nonresident Traffic Violator
Compacts of 1972 and 1977 (compacts) are enacted into law by
reference and entered into with all other jurisdictions legally joining
therein in them. The Director of the Department
of Revenue shall execute all documents and perform all other
acts necessary to carry out the provisions of the compacts. The
Department of Revenue may promulgate regulations consistent
with the provisions of this chapter and in accordance with
the provisions of Chapter 23 of Title 1 (the Administrative
Procedures Act).
The Department of Revenue shall maintain a current list
of those jurisdictions which have entered into the compacts.
Such The list and copies of the compacts shall
from time to time shall must be disseminated to those
agencies and individuals who are responsible for enforcement of their
provisions. For purposes of this chapter `department' means
Department of Public Safety Revenue."
SECTION 97. Section 56-27-10(c) of the 1976 Code, as last
amended by Section 1499, Act 181 of 1993, is further amended to
read:
"(c) `Department' means the Department of Public
Safety Transportation."
SECTION 98. Section 56-29-20(5) of the 1976 Code, as last
amended by Section 1500, Act 181 of 1993, is further amended to
read:
"(5) `Vehicle identification number' means a number, a
letter, a character, a datum, a derivative, or a combination
thereof of them, used by the manufacturer or the
Motor Vehicle Division of the Department of Revenue and
Taxation the purpose of to uniquely identifying
identify a motor vehicle or motor vehicle part."
SECTION 99. Section 56-29-50(E)(1), (I), and (M) of the 1976
Code, as last amended by Section 1501, Act 181 of 1993, is further
amended to read:
"(E)(1) The circuit solicitor shall give notice of the forfeiture
proceeding by mailing a copy of the complaint in the forfeiture
proceeding to each person whose right, title, or interest is of record in
the Motor Vehicle Division of the Department of Revenue and
Taxation, or any other another department of the
State, or any other another state or territory of the
United States, or of the federal government if the property is
required to be registered in the department.
(I) No motor vehicle or motor vehicle part may be forfeited under
this section solely on the basis that it is unidentifiable. Instead of
forfeiture, any a seized motor vehicle or motor vehicle
part which is unidentifiable must be the subject of a written report sent
by the seizing agency to the Motor Vehicle Division of the
Department of Revenue and Taxation, which. The
report must include a description of the motor vehicle or motor
vehicle part, its color, if any, the date, time, and place of its seizure,
the name of the person from whose possession or control it was
seized, the grounds for its seizure, and the location where it is held or
stored.
(M) When an applicant for a certificate of title or salvage certificate
presents to the Motor Vehicle Division of the Department of Revenue
and Taxation proof that the applicant purchased or acquired a
motor vehicle at the public sale conducted pursuant to this section and
that fact is attested to by the seizing agency, the division shall issue
a certificate of title, or salvage certificate for the motor vehicle
upon receipt of the statutory fee, properly executed application for a
certificate of title, or other certificate of ownership, and the affidavit
of the seizing agency that a state-assigned number was applied for and
affixed to the motor vehicle prior to the time that
before the motor vehicle was released by the seizing agency
to the purchaser."
SECTION 100. Section 56-31-50(C), (D), and (E) of the 1976
Code, as last amended by Section 1502, Act 181 of 1993, is further
amended to read:
"(C) On February fifteenth of each year all rental
companies engaged in the business of renting private passenger motor
vehicles which collect surcharges pursuant to this section shall file a
report with the Department of Revenue and Taxation stating
the total amount of South Carolina personal property taxes on private
passenger motor vehicles paid in the previous calendar year, the total
amount of private passenger motor vehicle rental revenues earned on
rentals in South Carolina for the previous calendar year, and the
amount by which the total amount of the surcharges for the previous
year exceeds the total amount of personal property taxes on private
passenger motor vehicles paid for the previous calendar year. All
surcharge revenues collected in excess of the total amount of personal
property taxes on private passenger motor vehicles must be remitted
to the Department of Revenue and Taxation for deposit in the
state general fund.
(D) Any A rental company which makes a false
report to the Department of Revenue and Taxation with the
intent to misrepresent the amount of personal property taxes on private
passenger motor vehicles paid or the amount of surcharges collected
is guilty of a misdemeanor and, upon conviction, must be punished
by a fine fined not exceeding more than
one thousand dollars or by a term of imprisonment
imprisoned not exceeding more than one
year, or both. Each violation constitutes a separate offense.
(E) The South Carolina Department of Revenue and
Taxation shall promulgate those regulations necessary to
implement the provisions of this section and shall provide the
necessary forms to meet the filing requirements of this section."
SECTION 101. Sections 56-1-410, 56-1-520, 56-1-530, 56-1-840,
56-1-1120, and 56-5-4940 of the 1976 Code are repealed.
SECTION 102. References in the 1976 Code to the Department of
Revenue and Taxation mean the Department of Revenue. Subject to
the availability of funds, the South Carolina Code Commissioner shall
change references to the Department of Revenue and Taxation in the
1976 Code to the Department of Revenue.
SECTION 103. This act takes effect upon approval by the
Governor.
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