S*60 Session 112 (1997-1998)
S*0060(Rat #0259, Act #0258 of 1998) General Bill, By Holland
A BILL TO AMEND SECTION 56-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE SUSPENSION OR REVOCATION OF A RESIDENT'S DRIVER'S
LICENSE OR NONRESIDENT'S DRIVING PRIVILEGE UPON A CONVICTION IN ANOTHER STATE,
SO AS TO REVISE THE DRIVER'S LICENSE, SUSPENSION, REVOCATION, ISSUANCE, AND
RENEWAL PROCEDURE; TO AMEND SECTION 56-1-650, AS AMENDED, RELATING TO THE
EFFECT OF CERTAIN CONVICTIONS ON THE STATUS OF A PERSON'S DRIVER'S LICENSE IN
HIS HOME STATE, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL
NOT POST TO AN INDIVIDUAL'S DRIVER'S RECORD A CONVICTION THAT IS NOT RECEIVED
BY THE DEPARTMENT WITHIN A ONE-YEAR PERIOD; BY ADDING SECTION 56-1-175 AND
SECTION 56-1-176 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY
ISSUE PROVISIONAL DRIVER'S LICENSES; BY ADDING SECTION 56-23-87 SO AS TO
PROVIDE THAT A PERSON WHO SUCCESSFULLY COMPLETES CERTAIN DRIVER'S TRAINING
COURSES MUST BE ISSUED A CERTIFICATE OF COMPLETION; TO AMEND SECTION 56-1-30,
RELATING TO PERSONS EXEMPT FROM DRIVER'S LICENSING REQUIREMENTS, SO AS TO
PROVIDE A DEFINITION FOR IMPLEMENTS OF HUSBANDRY; TO AMEND SECTION 56-1-40, AS
AMENDED, RELATING TO PERSONS WHO MAY NOT BE ISSUED A DRIVER'S LICENSE OR HAVE
THEIR DRIVER'S LICENSES RENEWED AND THE ISSUANCE OF BEGINNER'S AND INSTRUCTION
PERMITS, SO AS TO REVISE THE AGE OF A PERSON WHO MAY BE ISSUED A FULL DRIVER'S
LICENSE OR A SPECIAL RESTRICTED DRIVER'S LICENSE, TO PROVIDE THAT A DRIVER'S
LICENSE MAY BE ISSUED TO CERTAIN PERSONS WHO HAVE BEEN ISSUED A PROVISIONAL
DRIVER'S LICENSE, AND TO DELETE A REFERENCE TO OBTAINING AN INSTRUCTION
PERMIT.-AMENDED SHORT TITLE
01/14/97 Senate Introduced and read first time SJ-104
01/14/97 Senate Referred to Committee on Judiciary SJ-104
01/30/97 Senate Committee report: Favorable with amendment
Judiciary SJ-15
02/06/97 Senate Amended SJ-14
02/06/97 Senate Read second time SJ-14
02/06/97 Senate Ordered to third reading with notice of
amendments SJ-14
02/11/97 Senate Read third time and sent to House SJ-15
02/12/97 House Introduced and read first time HJ-14
02/12/97 House Referred to Committee on Judiciary HJ-14
05/27/97 House Committee report: Favorable with amendment
Judiciary HJ-7
05/29/97 House Debate adjourned until Tuesday, June 3, 1997 HJ-24
06/03/97 House Debate adjourned HJ-133
06/04/97 House Amended HJ-9
06/04/97 House Requests for debate-Rep(s). Kirsh, Simrill,
Moody-Lawrence, Woodrum, Harrison, Limbaugh,
Haskins, R. Smith, Loftis, J. Brown, Stuart, &
Clyburn HJ-10
06/04/97 House Requests for debate removed-Rep(s). Limbaugh,
Woodrum, Harrison & R. Smith HJ-20
06/04/97 House Requests for debate removed-Rep(s). Simrill HJ-62
06/04/97 House Requests for debate removed-Rep(s). J. Brown,
Moody-Lawrence & Clyburn HJ-89
06/04/97 House Read second time HJ-90
06/05/97 House Debate adjourned HJ-17
06/05/97 House Amended HJ-108
06/05/97 House Read third time and returned to Senate with
amendments HJ-109
06/05/97 Senate House amendment amended SJ-30
06/05/97 Senate Returned to House with amendments SJ-30
06/05/97 House Non-concurrence in Senate amendment HJ-211
06/05/97 Senate Senate insists upon amendment and conference
committee appointed Sens. Leatherman, Courtney,
Hutto SJ-41
06/05/97 House Conference committee appointed Reps. Harrison,
Townsend & Jennings HJ-238
06/17/97 House Free conference powers granted HJ-206
06/17/97 House Free conference committee appointed Harrison,
Townsend and Jennings HJ-207
06/17/97 House Free conference report received and adopted HJ-207
06/17/97 Senate Free conference powers granted SJ-25
06/17/97 Senate Free conference committee appointed Sens.
Leatherman, Hutto, Courtney SJ-25
06/17/97 Senate Free conference report received and adopted SJ-25
06/17/97 House Ordered enrolled for ratification HJ-232
06/18/97 Ratified R 259
01/15/98 Became law without Governor's signature
01/15/98 See act for exception to or explanation of
effective date
01/22/98 Copies available
01/22/98 Act No. 258
(A258, R259, S60)
AN ACT TO AMEND SECTION 56-1-320, AS AMENDED, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
SUSPENSION OR REVOCATION OF A RESIDENT'S DRIVER'S
LICENSE OR NONRESIDENT'S DRIVING PRIVILEGE UPON A
CONVICTION IN ANOTHER STATE, SO AS TO REVISE THE
DRIVER'S LICENSE, SUSPENSION, REVOCATION, ISSUANCE,
AND RENEWAL PROCEDURE; TO AMEND SECTION 56-1-650, AS
AMENDED, RELATING TO THE EFFECT OF CERTAIN
CONVICTIONS ON THE STATUS OF A PERSON'S DRIVER'S
LICENSE IN HIS HOME STATE, SO AS TO PROVIDE THAT THE
DEPARTMENT OF PUBLIC SAFETY SHALL NOT POST TO AN
INDIVIDUAL'S DRIVER'S RECORD A CONVICTION THAT IS NOT
RECEIVED BY THE DEPARTMENT WITHIN A ONE-YEAR
PERIOD; BY ADDING SECTION 56-1-175 AND SECTION 56-1-176
SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC
SAFETY MAY ISSUE PROVISIONAL DRIVER'S LICENSES; BY
ADDING SECTION 56-23-87 SO AS TO PROVIDE THAT A PERSON
WHO SUCCESSFULLY COMPLETES CERTAIN DRIVER'S
TRAINING COURSES MUST BE ISSUED A CERTIFICATE OF
COMPLETION; TO AMEND SECTION 56-1-30, RELATING TO
PERSONS EXEMPT FROM DRIVER'S LICENSING
REQUIREMENTS, SO AS TO PROVIDE A DEFINITION FOR
IMPLEMENTS OF HUSBANDRY; TO AMEND SECTION 56-1-40, AS
AMENDED, RELATING TO PERSONS WHO MAY NOT BE ISSUED
A DRIVER'S LICENSE OR HAVE THEIR DRIVER'S LICENSES
RENEWED AND THE ISSUANCE OF BEGINNER'S AND
INSTRUCTION PERMITS, SO AS TO REVISE THE AGE OF A
PERSON WHO MAY BE ISSUED A FULL DRIVER'S LICENSE OR
A SPECIAL RESTRICTED DRIVER'S LICENSE, TO PROVIDE THAT
A DRIVER'S LICENSE MAY BE ISSUED TO CERTAIN PERSONS
WHO HAVE BEEN ISSUED A PROVISIONAL DRIVER'S LICENSE,
AND TO DELETE A REFERENCE TO OBTAINING AN
INSTRUCTION PERMIT; TO AMEND SECTION 56-1-50, AS
AMENDED, RELATING TO THE APPLICATION FOR, ISSUANCE
OF, AND RENEWAL OF A BEGINNER'S PERMIT, AND CERTAIN
EXEMPTIONS TO OBTAINING A BEGINNER'S PERMIT, SO AS TO
REVISE THE HOURS A HOLDER OF A BEGINNER'S PERMIT MAY
OPERATE A MOTOR VEHICLE, TO REVISE THE AGE OF THE
PERSON WHO MUST ACCOMPANY THE HOLDER OF A
BEGINNER'S PERMIT, REVISE THE GROUP OF PERSONS WHO
ARE NOT REQUIRED TO OBTAIN A BEGINNER'S PERMIT TO
OPERATE A MOTOR VEHICLE, TO PROVIDE THAT A PERSON
WHO HAS NEVER HELD A FORM OF LICENSE EVIDENCING
PREVIOUS DRIVING EXPERIENCE MUST OBTAIN A BEGINNER'S
PERMIT AND HOLD IT FOR NINETY DAYS BEFORE BEING
ELIGIBLE FOR FULL LICENSURE, AND TO PROVIDE A
DEFINITION OF DAYLIGHT HOURS; TO AMEND SECTION
56-1-130, AS AMENDED, RELATING TO CERTAIN DRIVER'S
LICENSE EXAMINATIONS, SO AS TO PROVIDE THAT A HOLDER
OF A PROVISIONAL DRIVER'S LICENSE, OR A SPECIAL
RESTRICTED DRIVER'S LICENSE MAY OPERATE A FARM
TRUCK WITHOUT AN ACCOMPANYING ADULT DURING
CERTAIN HOURS, ON CERTAIN HIGHWAYS, AND FOR CERTAIN
PURPOSES; TO AMEND SECTION 56-1-180, AS AMENDED,
RELATING TO THE ISSUANCE OF SPECIAL RESTRICTED
DRIVER'S LICENSES, SO AS TO REVISE THE AGE AND DRIVING
EXPERIENCE OF A PERSON WHO MAY BE ISSUED A SPECIAL
RESTRICTED DRIVER'S LICENSE, TO REVISE THE CONDITIONS
UPON WHICH A PERSON HOLDING A SPECIAL RESTRICTED
DRIVER'S LICENSE MAY OPERATE A MOTOR VEHICLE, AND TO
PROVIDE A DEFINITION FOR DAYLIGHT HOURS; TO AMEND
SECTION 56-1-185, RELATING TO THE POSTPONEMENT OF THE
REMOVAL OF THE RESTRICTIONS ON A SPECIAL RESTRICTED
DRIVER'S LICENSE, SO AS TO PROVIDE FOR A SIX-MONTH
SUSPENSION FOR A PERSON OPERATING A MOTOR VEHICLE
WHILE POSSESSING A BEGINNER'S PERMIT, A PROVISIONAL,
OR A SPECIAL RESTRICTED DRIVER'S LICENSE WHO HAS
SUSTAINED CERTAIN CONVICTIONS; TO PROVIDE FOR THE
TESTING OF THE ACCURACY OF THE BAC DATAMASTER AND
THE SUBMISSION OF THE TEST RESULTS TO THE GENERAL
ASSEMBLY; TO AMEND SECTION 56-5-2990, AS AMENDED,
RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S
LICENSE FOR DRIVING UNDER THE INFLUENCE OF A
CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE
PERMANENT REVOCATION OF A PERSON'S DRIVER'S LICENSE
FOR A FOURTH OR SUBSEQUENT CONVICTION FOR DRIVING
UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE,
EXCEPT UNDER CERTAIN CIRCUMSTANCES AND TO REVISE
THE PENALTY FOR CERTAIN THIRD CONVICTIONS FOR
DRIVING UNDER THE INFLUENCE OF A CONTROLLED
SUBSTANCE; BY ADDING SECTION 56-1-385 SO AS TO PROVIDE
PROCEDURES AND REQUIREMENTS FOR THE REINSTATEMENT
OF A DRIVER'S LICENSE ONCE IT HAS BEEN PERMANENTLY
REVOKED; TO AMEND SECTION 56-1-790, AS AMENDED,
RELATING TO CERTAIN REPORTS OF OUT-OF-STATE,
FEDERAL, OR COURT-MARTIAL CONVICTIONS AND THE
RECORDING OF THESE CONVICTIONS ON A PERSON'S
DRIVER'S RECORD, SO AS TO PROVIDE THAT WHEN A
RESIDENT OF THIS STATE HAS BEEN CONVICTED OF CERTAIN
MOTOR VEHICLE VIOLATIONS IN ANOTHER STATE FOR
WHICH THERE IS NO CORRESPONDING OFFENSE IN THIS
STATE, THE CONVICTION MUST NOT BE RECORDED ON THE
PERSON'S DRIVING RECORD; BY ADDING SECTION 23-6-445 SO
AS TO PROVIDE THAT CERTAIN LAW ENFORCEMENT
OFFICERS WHO SERVE AS CHIEF OF A MUNICIPAL
DEPARTMENT, A MAGISTRATE, OR A MUNICIPAL COURT
JUDGE SHALL BE ISSUED A CERTIFICATE AS A LAW
ENFORCEMENT OFFICER IF THE PERSON COMPLETES A
CERTAIN COURSE TAUGHT BY THE DEPARTMENT OF PUBLIC
SAFETY; BY ADDING SECTION 56-1-2115 SO AS TO PROVIDE
FOR THE MANNER IN WHICH A PERSON WHO HAS BEEN
DISQUALIFIED FROM DRIVING A COMMERCIAL VEHICLE FOR
ONE YEAR OR MORE MAY BE RE-EXAMINED TO OBTAIN A
COMMERCIAL DRIVER LICENSE; TO AMEND SECTION
56-1-2030, AS AMENDED, RELATING TO DEFINITIONS
CONTAINED IN THE COMMERCIAL DRIVER LICENSE ACT, SO
AS TO REVISE THE DEFINITION OF OUT-OF-SERVICE ORDER;
TO AMEND SECTION 56-1-2060, RELATING TO AN EMPLOYER'S
RESPONSIBILITY REGARDING THE OPERATION OF A
COMMERCIAL MOTOR VEHICLE BY HIS EMPLOYEE, SO AS TO
PROVIDE THAT AN EMPLOYER WHO KNOWINGLY ALLOWS,
PERMITS, OR AUTHORIZES A PERSON TO DRIVE A
COMMERCIAL MOTOR VEHICLE DURING A PERIOD WHICH
THE VEHICLE OR DRIVER IS SUBJECT TO AN OUT-OF-SERVICE
ORDER IS SUBJECT TO A CIVIL FINE; TO AMEND SECTION
56-1-2070, RELATING TO PROHIBITIONS AGAINST AND
EXCEPTIONS TO CERTAIN PROHIBITIONS AGAINST DRIVING
A COMMERCIAL MOTOR VEHICLE WITHOUT A VALID
DRIVER'S LICENSE, SO AS TO DELETE AN OBSOLETE
REFERENCE, AND TO PROVIDE PENALTIES FOR A PERSON
WHO ILLEGALLY OPERATES A COMMERCIAL MOTOR
VEHICLE; TO AMEND SECTION 56-1-2080, RELATING TO
QUALIFICATIONS FOR A COMMERCIAL DRIVER LICENSE, THE
ADMINISTRATION OF THE DRIVER SKILLS TEST, CERTAIN
PERSONS TO WHOM A COMMERCIAL DRIVER LICENSE MAY
NOT BE ISSUED, AND THE COMMERCIAL DRIVER
INSTRUCTION PERMIT, SO AS TO DELETE THE PROVISIONS
THAT PERMIT A WAIVER OF THE COMMERCIAL DRIVER
LICENSE SKILLS TESTS TO CERTAIN COMMERCIAL DRIVER
LICENSE APPLICANTS; TO AMEND SECTION 56-1-2100, AS
AMENDED, RELATING TO THE ISSUANCE OF A COMMERCIAL
DRIVER LICENSE, SO AS TO REVISE THE PROVISIONS
RELATING TO CLASSIFICATIONS, ENDORSEMENTS, AND
RESTRICTIONS; TO AMEND SECTION 56-1-2120, RELATING TO
THE PROHIBITION AGAINST DRIVING A COMMERCIAL
VEHICLE WITH A MEASURABLE AMOUNT OF ALCOHOL, SO AS
TO PROHIBIT AN ON-DUTY DRIVER OF A COMMERCIAL
VEHICLE FROM POSSESSING AN ALCOHOLIC BEVERAGE
WHICH IS NOT PART OF THE MANIFEST AND TRANSPORTED
AS PART OF THE SHIPMENT.
Be it enacted by the General Assembly of the State of South Carolina:
Driver's license revocation
SECTION 1. Section 56-1-320 of the 1976 Code, as last amended by
Act 459 of 1996, is further amended to read:
"Section 56-1-320. (A) The department may, in its discretion,
suspend or revoke the license of any 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 person in another state of an offense
therein which, if committed in this State, would be grounds for the
suspension or revocation of the South Carolina license.
Provided, however, that if a resident of this State has his driver's license
revoked or suspended for a motor vehicle violation in another jurisdiction,
the department must review the revocation or suspension period for the
out-of-state conviction and apply the laws of this State if the out-of-state
revocation or suspension period exceeds the revocation or suspension
period provided under the laws of this State for that offense. If the laws
of this State are applied to an out-of-state conviction, the department must
restore the individual's privilege to drive in South Carolina once the
individual has cleared the suspension pursuant to this title, regardless of
whether the individual's privilege to drive has been restored in the state
where the conviction occurred, provided the individual is otherwise
eligible for the issuance or renewal of a South Carolina license.
If another state restores limited or restricted driving privileges to the
person whose license has been suspended or revoked, such restoration of
privileges shall also be valid in this State and the department must issue
a driver's license to the individual under the same terms and conditions
under which driving is authorized in the state of conviction.
(B) The department may not refuse to issue or renew a driver's license
to an individual who:
(1) is still under suspension or revocation in another jurisdiction for
an out-of-state conviction which was not reported to the department
within the one-year period provided for in Section 56-1-650(C);
(2) has received notice of clearance from the jurisdiction where the
revocation or suspension has terminated or that all requirements necessary
for reissuance of driving privileges in that jurisdiction are met; or
(3) does not have a letter of clearance from the jurisdiction where
the conviction occurred and is still under suspension or revocation in that
jurisdiction for a conviction which was not reported to the department
within the one-year period provided for in Section 56-1-650(C)."
Posting of convictions on a driving record
SECTION 2. Section 56-1-650(C) of the 1976 Code, as last amended
by Act 459 of 1996, is further amended by adding at the end:
"The department shall not post to an individual's driver's record any
conviction that is not received by the department within the one-year
period for offenses governed by this subsection. For purposes of this title,
this means all convictions which occurred after June 4, 1995, which are
not required to be reported pursuant to subsection (A). The department
may not refuse to issue or renew a resident's driver's license when the
individual's privilege to drive is suspended or revoked for an out-of-state
conviction which was not reported to the department within one year of
the date of conviction, as required in this subsection."
Issuance of provisional driver's licenses
SECTION 3. The 1976 Code is amended by adding:
"Section 56-1-175. (A) The department may issue a provisional
driver's license to a person who is at least fifteen years of age and less
than sixteen years of age, who has:
(1) held a beginner's permit for at least ninety days;
(2) passed a driver's education course as defined in subsection (D);
(3) passed successfully the road tests or other requirements the
department may prescribe; and
(4) satisfied the school attendance requirement contained in Section
56-1-176.
(B) A provisional driver's license is valid only in the operation of:
(1) vehicles during daylight hours. The holder of a provisional
license must be accompanied by a licensed adult twenty-one years of age
or older after six o'clock p.m., or eight o'clock p.m. during daylight saving
time. A provisional driver's license holder may not drive between
midnight and six o'clock a.m., unless accompanied by the holder's
licensed parent or guardian;
(2) a motor scooter or light motor-driven cycle of five-brake
horsepower or less, during daylight hours.
(C) Daylight hours, as used in this section, means after the hour of six
o'clock a.m. and no later than six o'clock p.m. However, beginning on the
day that daylight saving time goes into effect through the day that
daylight saving time ends, the holder of the provisional license may
operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m.
For purposes of this section, all other hours are designated as nighttime
hours.
(D) A driver training course, as used in this section, means a driver's
training course administered by a driver's training school or a private,
parochial, or public high school conducted by a person holding a valid
driver's instructor permit contained in Section 56-23-85.
(E) For purposes of issuing a provisional driver's license pursuant to
this section, the department must accept a certificate of completion for a
student who attends or is attending an out-of-state high school and passed
a qualified driver's training course or program that is equivalent to an
approved course or program in this State. The department must establish
procedures for approving qualified driver's training courses or programs
for out-of-state students."
Conditions for the issuance of a provisional driver's license
SECTION 4. The 1976 Code is amended by adding:
"Section 56-1-176. (A) School attendance is a condition for the
issuance of a provisional license. The department may not issue a
provisional license to a person pursuant to Section 56-1-175 unless the
person:
(1) has a high school diploma or certificate, or a General Education
Development Certificate; or
(2) is enrolled in a public or private school which has been
approved by the State Board of Education or a member school of the
South Carolina Independent School's Association or a similar
organization, or a parochial, denominational, or church-related school, or
other programs which are accepted by the State Board of Education, and:
(a) the person has conformed to the attendance laws, regulations,
and policies of the school, school district, and the State Board of
Education, as applicable; and
(b) the person is not suspended or expelled from school.
(B) Documentation of enrollment status must be presented to the
department by the applicant on a form approved by the department. The
documentation must indicate whether the student is in compliance with
the requirements as provided in item (2)."
Issuance of a certificate of completion
SECTION 5. The 1976 Code is amended by adding:
"Section 56-23-87. A person successfully completing a driver's
training course conducted by a person holding a valid driver's instructor
permit as provided for in Section 56-23-85 must be issued a certificate of
completion by the entity conducting the course in a form consistent with
regulations issued by the Department of Public Safety."
Implements of husbandry defined
SECTION 6. Section 56-1-30(4) of the 1976 Code is amended to read:
"(4) A person operating or driving implements of husbandry
temporarily drawn, propelled, or moved upon a highway. Implements of
husbandry include, but are not limited to, farm machinery and farm
equipment other than a passenger car."
Issuance of a driver's license to a teenager
SECTION 7. Section 56-1-40(1) of the 1976 Code, as last amended by
Section 121D, Part II, Act 497 of 1994, is further amended to read:
"(1) who is under seventeen years of age, except that the department
may issue a license to a sixteen-year old who is licensed to drive pursuant
to Section 56-1-175 after one year from the date of the issuance of the
provisional license, if the driver has not been convicted of a
point-assessable traffic offense posted to his driver's record during that
period. However, the department may issue a beginner's permit as
provided in Section 56-1-50 to a person who is at least fifteen years of age
and meets the requirements of that section. The department also may
issue a special restricted driver's license to a person who is at least sixteen
years of age and less than seventeen years of age as provided in Section
56-1-180 and meets the requirements of that section;"
Beginner's permit
SECTION 8. Section 56-1-50 of the 1976 Code, as last amended by
Section 121E, Part II, Act 497 of 1994, is further amended to read:
"Section 56-1-50. (A) A person who is at least fifteen years of age
may apply to the department for a beginner's permit. After the applicant
has passed successfully all parts of the examination other than the driving
test, the department may issue to the applicant a beginner's permit which
entitles the applicant having the permit in his immediate possession to
drive a motor vehicle under the conditions contained in this section on the
public highways for not more than twelve months.
(B) The permit is valid only in the operation of:
(1) vehicles during the daylight hours;
(2) motor scooter or light motor-driven cycle of five-brake
horsepower or less during daylight hours.
(C) Except as provided in subsection (E), while driving, as provided
in subsection (B)(1), the permittee must be accompanied by a licensed
driver twenty-one years of age or older who has had at least one year of
driving experience, and who is occupying a seat beside the driver, except
when the permittee is operating a motorcycle. A three-wheel vehicle
requires the accompanying driver to be directly behind the driver on a
saddle-type seat or beside the driver on a bench-type seat.
(D) A beginner's permit may be renewed or a new permit issued for
additional periods of twelve months, but the department may refuse to
renew or issue a new permit where the examining officer has reason to
believe the applicant has not made a bona fide effort to pass the required
driver's road test or does not appear to the examining officer to have the
aptitude to pass the road test. The fee for every beginner's or renewal
permit is two dollars and fifty cents, and the permit must bear the full
name, date of birth, and residence address and a brief description and
color photograph of the permittee and a facsimile of the signature of the
permittee or a space upon which the permittee shall write his usual
signature with pen and ink immediately upon receipt of the permit. A
permit is not valid until it has been signed by the permittee.
(E) The following persons are not required to obtain a beginner's
permit to operate a motor vehicle:
(1) a student regularly enrolled in a high school of this State which
conducts a driver's training course while the student is participating in the
course and when accompanied by a qualified instructor of the course; and
(2) a person fifteen years of age or older enrolled in a driver
training course conducted by a driver training school licensed under
Chapter 23 of this title. However, this person at all times must be
accompanied by an instructor of the school and may drive only an
automobile owned or leased by the school which is covered by liability
insurance in an amount not less than the minimum required by law.
(F) A person who has never held a form of license evidencing
previous driving experience first must be issued a beginner's permit and
must hold the permit for at least ninety days before being eligible for full
licensure.
(G) Daylight hours, as used in this section, means after the hour of six
o'clock a.m. and no later than six o'clock p.m. However, beginning on the
day that daylight saving time goes into effect through the day that
daylight saving time ends, the holder of the permit may operate a vehicle
after six o'clock a.m. and no later than eight o'clock p.m."
Driver's license examination
SECTION 9. Section 56-1-130 of the 1976 Code, as last amended by
Act 459 of 1996, is further amended to read:
"Section 56-1-130. (A) The department shall examine every
applicant for a driver's license, except as otherwise provided in this
article. The examination shall include a test of the applicant's eyesight,
his ability to read and understand highway signs regulating, warning, and
directing traffic, and his knowledge of the traffic laws of this State and
shall include an actual demonstration of ability to exercise ordinary and
reasonable control in the operation of the type motor vehicle, including
motorcycles, for which a license is sought. The department may require
such further physical and mental examination as it considers necessary to
determine the applicant's fitness to operate a motor vehicle upon the
highways, such further examination to be at the applicant's expense. The
department shall make provisions for giving an examination in the county
where the applicant resides. The department shall charge an appropriate
fee for each complete examination or reexamination required in this
article.
(B) No persons, except those exempted under Section 56-1-30 and
Section 56-1-60 or those holding beginner's permits under Section
56-1-50, shall operate any classification of motor vehicle without first
being examined and duly licensed by the driver examiner as a qualified
driver of that classification of motor vehicle.
(C) A basic driver's license authorizes the licensee to operate motor
vehicles, three-wheel vehicles, or combinations of vehicles which do not
exceed twenty-six thousand pounds gross vehicle weight; provided, that
the driver has successfully demonstrated the ability to exercise ordinary
and reasonable control in the operation of a motor vehicle in this category.
A basic driver's license also authorizes the licensee to operate farm trucks
provided for in Sections 56-3-670, 56-3-680, and 56-3-690, which are
used exclusively by the owner for agricultural, horticultural, and dairying
operations or livestock and poultry raising. Notwithstanding any other
provision of law, the holder of a provisional license, or special restricted
license operating a farm truck for the purposes provided in this
subsection, may operate the farm truck without an accompanying adult
after six o'clock a.m. and no later than nine o'clock p.m., but may not
operate a farm truck on a freeway. A person operating a farm truck while
holding a provisional driver's license or a special restricted license may
not use the farm truck for ordinary domestic purposes or general
transportation.
A classified driver's license shall authorize the licensee to operate a
motorcycle or those vehicles in excess of twenty-six thousand pounds
gross vehicle weight which are indicated by endorsement on the license.
The endorsement may include classifications such as: motorcycle,
two-axle truck, three or more axle truck, combination of vehicles,
motor-busses, or oversize or overweight vehicles. The department shall
determine from the driving demonstration the endorsements to be
indicated on the license."
Special restricted driver's license
SECTION 10. Section 56-1-180 of the 1976 Code, as last amended by
Act 490 of 1992, is further amended to read:
"Section 56-1-180. (A) The department may issue a special
restricted driver's license to a person who is at least sixteen years of age
and less than seventeen years of age, who first has held a beginner's
permit for ninety days and who has successfully passed the road tests or
other requirements the department in its discretion may prescribe.
(B) The special restricted driver's license is valid only in the operation
of:
(1) vehicles during daylight hours. During nighttime hours, the
holder of a special restricted driver's license must be accompanied by a
licensed adult, twenty-one years of age or older. The holder of a special
restricted driver's license may not drive between midnight and six o'clock
a.m., unless accompanied by the holder's licensed parent or guardian. The
restrictions in this section may be modified or waived by the department
if the restricted licensee proves to the department's satisfaction that the
restriction interferes or substantially interferes with:
(a) employment or the opportunity for employment;
(b) travel between the licensee's home and place of employment
or school; or
(c) travel between the licensee's home or place of employment
and vocational training;
(2) a motor scooter or light motor-driven cycle of five-brake
horsepower or less during daylight hours.
(C) The waiver or modification of restrictions provided for in item (1)
must include a statement of the purpose of the waiver or modification
executed by the parents or legal guardian of the holder of the restricted
license and documents executed by the driver's employment or school
official, as is appropriate, evidencing the holder's need for the waiver or
modification.
(D) Daylight hours, as used in this section, means after the hour of six
o'clock a.m. and no later than six o'clock p.m. However, beginning on the
day that daylight saving time goes into effect through the day that
daylight saving time ends, the holder of the special restricted license may
operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m.
For purposes of this section, all other hours are designated as nighttime
hours."
Special restricted driver's license
SECTION 11. Section 56-1-185 of the 1976 Code is amended to read:
"Section 56-1-185. (A) A person while operating a motor vehicle
under a special restricted driver's license who is convicted of a
point-assessable traffic offense or involved in an accident in which he was
at fault shall have the removal of the restrictions postponed for six months
during which period the licensee must be free of any traffic convictions.
(B) A person while operating a motor vehicle under a beginner's
permit or a provisional or a special restricted driver's license who is
convicted of one or more point-assessable traffic offenses totaling six or
more points, as determined by the values contained in Section 56-1-720,
shall have his license suspended by the department for six months. This
suspension shall not preclude other penalties otherwise provided for the
same violations."
Testing of the BAC Datamaster
SECTION 12. The State Law Enforcement Division must submit the
BAC Datamaster to an independent facility with expertise in breath
alcohol testing so that the instrument may be tested to determine its
accuracy and precision. SLED must submit the results of the test to the
General Assembly by January 1, 1998.
Driver's license suspension
SECTION 13. The first paragraph of Section 56-5-2990 of the 1976
Code, as last amended by Act 459 of 1996, is further amended to read:
"The department shall suspend the driver's license of 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 another law or ordinance of this State or of a municipality of
this State that prohibits 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, and
a permanent revocation of the driver's license for fourth 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. However, if the third
conviction occurs within five years from the date of the first offense, then
the department shall suspend the driver's license for four years. A person
whose license is revoked following conviction for a fourth offense as
provided in this section is forever barred from being issued any license by
the Department of Public Safety to operate a motor vehicle except as
provided in Section 56-1-385."
Driver's license reinstatement
SECTION 14. The 1976 Code is amended by adding:
"Section 56-1-385. (A) Notwithstanding any other provision of law,
a person whose driver's license or privilege to operate a motor vehicle has
been revoked permanently pursuant to Section 56-5-2990, excluding
persons convicted of felony driving under the influence of alcohol or
another controlled substance under Section 56-5-2945, may petition the
circuit court in the county of his residence for reinstatement of his driver's
license and shall serve a copy of the petition upon the solicitor of the
circuit. The solicitor or his designee within thirty days may respond to
the petition and demand a hearing on the merits of the petition. If the
solicitor or his designee does not demand a hearing, the circuit court shall
consider any affidavit submitted by the petitioner and the solicitor or his
designee when determining whether the conditions required for driving
privilege reinstatement have been met by the petitioner. The court may
order the reinstatement of the person's driver's license upon the following
conditions:
(1) the person must not have been convicted in this State or any
other state of an alcohol or drug violation during the previous seven-year
period;
(2) the person must not have been convicted of or have charges
pending in this State or another state for a violation of driving while his
license is canceled, suspended, or revoked during the previous seven-year
period;
(3) the person must have completed successfully an alcohol or drug
assessment and treatment program provided by the South Carolina
Department of Alcohol and Other Drug Abuse Services or an equivalent
program designated by that agency; and
(4) the person's overall driving record, attitude, habits, character,
and driving ability would make it safe to grant him the privilege to
operate a motor vehicle.
(B)(1) A person may not seek reinstatement of his driver's license
pursuant to this section if the person subsequently is convicted of,
receives a sentence upon a plea of guilty or of nolo contendere, or forfeits
bail posted for a violation of Section 56-5-2930 or for a violation of
another law or ordinance of this State or any other state or of a
municipality of this State or any other state that prohibits a person from
operating a motor vehicle while under the influence of intoxicating liquor,
drugs, or narcotics.
(2) Nothing in this section may be construed to prohibit a person
whose license has been revoked pursuant to Section 56-5-2930 before the
effective date of this section from seeking reinstatement of his license
pursuant to the provisions in this section.
(C) If a person's privilege to operate a motor vehicle is restored
pursuant to this section, a subsequent violation of driving under the
influence of alcohol or another controlled substance or felony driving
under the influence of alcohol or another controlled substance will require
the cancellation of the person's driver's license and the imposition of the
full period of suspension and revocation for a previous violation.
(D) Before a person may have his driver's license reinstated under this
section he must:
(1) pay a two hundred dollar filing fee to the court; and
(2) successfully complete the requirements to obtain a driver's
license contained in this article."
Reciprocal agreements for reporting driving convictions
SECTION 15. Section 56-1-790 of the 1976 Code, as last amended by
Act 459 of 1996, is further amended to read:
"Section 56-1-790. The department may enter into a reciprocal
agreement with the proper agency of any other 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
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. When a resident of
this State has been convicted of a motor vehicle violation in another state
for which there is no corresponding offense in this State, excluding the
offenses listed in Section 56-1-650(A), the conviction must not be
recorded on the person's driving record in 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, 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."
Certificate as a law enforcement officer
SECTION 16. Article 9, Chapter 6, Title 23 of the 1976 Code is
amended by adding:
"Section 23-6-445. A retired law enforcement officer with twenty
years or more law enforcement experience who subsequently serves as a
magistrate or municipal judge of this State and is or has been appointed
chief of a municipal department by the governing body thereof shall be
issued a certificate as a law enforcement officer pursuant to Section
23-6-440 if that person completes the legal course for class I certified
officers taught by the Criminal Justice Academy Division of the
Department of Public Safety. This provision shall also apply to a retired
law enforcement officer of this State with twenty years or more law
enforcement experience whose certificate has lapsed due to a three-year
break in service who subsequently is appointed chief of a municipal
department by the governing body thereof."
Commercial driver's license re-examination
SECTION 17. The 1976 Code is amended by adding:
"Section 56-1-2115. (A) A person who has been disqualified from
driving a commercial vehicle pursuant to the provisions contained in
Section 56-1-2110 for one year or more, must complete successfully the
requirements contained in Section 56-1-2080 and satisfy all other
requirements imposed by state or federal law before the person is eligible
to be re-examined pursuant to the provisions contained in subsection (B).
(B) The re-examination consists of the commercial driver license
standards contained in 49 CFR of the Federal Motor Carrier Regulations
which includes successful completion of the applicable knowledge tests
and the complete road test which includes pre-trip inspection, basic
control skills, and the on-road test."
'Out-of-service order' defined
SECTION 18. Section 56-1-2030(21) of the 1976 Code is amended to
read:
"(21) 'Out-of-service order' means declaration by an authorized
enforcement officer of a federal, state, Canadian, Mexican, or local
jurisdiction that a person, a commercial motor vehicle, or a motor carrier
operation, is out of service pursuant to 49 CFR Sections 386.72, 390.5,
392.5, 395.13, 396.9, or compatible laws, or the North American Uniform
Out-of-Service Criteria. For purposes of this article, regulations requiring
disqualifications for violations of out-of-service orders affect all vehicles
with a gross combination weight rating or gross vehicle weight rating
greater than 10,000 pounds, as contained in 49 CFR Sections 383, 390.5
and 393 of the Federal Motor Carrier Regulations."
Operation of a commercial motor vehicle
SECTION 19. Section 56-1-2060 (B) of the 1976 Code is amended to
read:
"(B) No employer knowingly may allow, permit, or authorize a
person to drive a commercial motor vehicle during a period in which:
(1) the person's commercial driver license is suspended, revoked,
or canceled by a state, has lost the privilege to drive a commercial motor
vehicle in a state, is disqualified from driving a commercial motor vehicle,
or is subject to an out-of-service order in a state;
(2) the person has more than one driver's license, except during the
ten-day period beginning on the date the employee is issued a driver's
license; or
(3) an employer who knowingly allows, permits, or authorizes a
person to drive a commercial motor vehicle during a period in which
either the vehicle or the person is subject to an out-of-service order is
subject to a civil penalty of not less than two thousand five hundred
dollars nor more than ten thousand dollars."
Operation of a commercial motor vehicle
SECTION 20. Section 56-1-2070 of the 1976 Code is amended to read:
"Section 56-1-2070. (A) Except as provided in subsection (C) or
when driving under a commercial driver instruction permit and
accompanied by the holder of a commercial driver license valid for the
vehicle being driven, no person may drive a commercial motor vehicle on
the highways of this State, unless the person has been issued, and is in
immediate possession of, a valid commercial driver license and applicable
endorsements valid for the vehicle which the person is driving.
(B) A person operating a commercial motor vehicle as defined in
Section 56-1-2030 and 49 CFR 383.5, without the proper class
commercial license or permit with all applicable endorsements or
restrictions as defined in Section 56-1-2100 must be placed out of service
and is guilty of a misdemeanor and upon conviction of a first offense,
must be fined not less than one hundred fifty dollars and not more than
two hundred dollars or imprisoned for thirty days and upon conviction of
a second offense or subsequent offense must be fined not less than two
hundred fifty dollars and not more than five hundred dollars or
imprisoned forty-five days or both.
(C) The following persons may operate commercial motor vehicles
without a commercial driver license:
(1) active duty military personnel and reservists and National Guard
members who are on active duty while operating vehicles owned by the
United States government, unless they are required by the owner of the
vehicle to have a valid state driver's license;
(2) operators of a farm vehicle which is:
(a) controlled and operated by a farmer;
(b) used to transport agricultural products, farm machinery, farm
supplies, or a combination of them to or from a farm;
(c) not used in the operation of a common or contract motor
carrier; and
(d) used within one hundred fifty miles of the person's farm.
(3) persons operating authorized emergency vehicles as defined in
Section 56-5-170;
(4) operators of recreational vehicles used solely for personal use.
(D) No person may drive a commercial motor vehicle on the highways
of this State while:
(1) his commercial driver license or privilege to drive is suspended,
revoked, or canceled;
(2) subject to a disqualification; or
(3) in violation of an out-of-service order.
(E) A person violating the requirements of subsection (D)(3) must be
punished as follows, while all other violations of this section must be
punished as though convicted of a violation of Section 56-1-460. A
person is disqualified for not less than:
(1) ninety days nor more than one year if the person is convicted of
a first violation of an out-of-service order. Additionally, a person who is
convicted of violating an out-of-service order is subject to a civil penalty
of not less than one thousand dollars nor more than two thousand five
hundred dollars;
(2) one year nor more than five years if during a ten-year period the
person is convicted of two violations of out-of-service orders in separate
incidents. Additionally, a person who is convicted of violating an
out-of-service order is subject to a civil penalty of not less than one
thousand dollars nor more than two thousand five hundred dollars;
(3) three years nor more than five years if during a ten-year period
the person is convicted of three or more violations of out-of-state service
orders in separate incidents. Additionally, a person who is convicted of
violating an out-of-service order is subject to a civil penalty of not less
than one thousand dollars nor more than two thousand five hundred
dollars;
(4) one hundred eighty days nor more than two years if the driver
is convicted of a first violation of an out-of-service order while
transporting hazardous materials required to be placarded under the
Hazardous Materials Transportation Act (49 U.S.C. 5101-5127), or while
operating motor vehicles designed to transport more than fifteen
passengers, including the driver. A driver is disqualified for a period of
not less than three years nor more than five years if during a ten-year
period the person is convicted of any subsequent violations of
out-of-service orders, in separate incidents, while transporting hazardous
materials required to be placarded under the Hazardous Materials
Transportation Act, or while operating motor vehicles designed to
transport more than fifteen passengers, including the driver. Additionally,
a driver who is convicted of violating an out-of-service order is subject to
a civil penalty of not less than one thousand dollars nor more than two
thousand five hundred dollars."
Issuance of a commercial driver's license
SECTION 21. Section 56-1-2080 of the 1976 Code is amended to read:
"Section 56-1-2080. (A)(1) No person may be issued a commercial
driver license unless that person is a resident of this State and has passed
a knowledge and skills test for driving a commercial motor vehicle which
complies with the minimum federal standards established by 49 CFR part
383, subparts G and H, and has satisfied all other requirements of the
CMVSA as well as any other requirements imposed by state law or
federal regulation. The tests must be prescribed and conducted by the
department.
(2) The department may authorize a person, including an agency of
this or another state, an employer, or a department, agency, or
instrumentality of local government, to administer the skills test specified
by this section if:
(a) the test is the same which otherwise would be administered
by the department; and
(b) the third party has entered into an agreement with the
department which contains at least the following provisions:
(i) authorization for the department or the Federal Highway
Administration or its representatives to conduct random examinations,
inspections, and audits without prior notice;
(ii) permission for the department or its representative to
conduct onsite inspections at least annually;
(iii) a requirement that all third-party examiners meet the same
qualifications and training standards as the department's examiners to the
extent necessary to conduct the driving skill tests;
(iv) authorization for the department to charge a fee, as
determined by the department, which is sufficient to defray the actual
costs incurred by the department for administering and evaluating the
employer testing program and for carrying out any other activities
considered necessary by the department to assure sufficient training for
the persons participating in the program.
(B) A commercial driver license or commercial driver instructional
permit may not be issued to a person while the person is subject to a
disqualification from driving a commercial motor vehicle or while the
person's driver's license is suspended, revoked, or canceled in any state,
nor may a commercial driver license be issued to a person who has a
commercial driver license issued by any other state unless the person first
surrenders all those licenses, each of which must be returned to the issuing
state for cancellation.
(C)(1) A commercial driver instruction permit may be issued to an
individual who holds a valid Class 'D' license and who has passed the
appropriate vision and written test for the type of commercial driver
license sought.
(2) The holder of a commercial driver instruction permit, unless
otherwise disqualified, may drive a commercial motor vehicle but only
when accompanied by the holder of a commercial driver license with
applicable endorsements which is valid for the type of vehicle driven, and
who occupies a seat beside the individual for the purpose of giving
instruction in driving the commercial motor vehicle.
(3) The commercial driver instruction permit may not be issued for
longer than six months. Only one renewal or reissuance may be granted
within a two-year period."
Commercial driver licenses
SECTION 22. Section 56-1-2100(B) of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"(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 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:
(a) Class A: A combination of vehicles with a gross combination
weight rating of twenty-six thousand one pounds or more provided the
gross vehicle weight rating of the vehicle being towed is in excess of ten
thousand pounds.
(b) Class B: A single vehicle with a gross vehicle weight rating
of twenty-six thousand one pounds or more, or any such vehicle towing
a vehicle not in excess of ten thousand pounds gross vehicle weight
rating.
(c) Class C: A single vehicle, or combination of vehicles, that
are not Class A or B vehicles but either designed to transport 16 or more
passengers including the driver, or are placarded for hazardous materials
under 49 CFR, Part 172, subpart F.
(2) Endorsements:
(a) 'H' authorizes the person to drive a vehicle transporting
hazardous materials;
(b) 'T' authorizes double trailers;
(c) 'P' authorizes driving vehicles carrying passengers;
(d) 'N' authorizes driving tank vehicles;
(e) 'X' represents a combination of hazardous materials or tank
vehicle endorsements, or both.
(3) Restrictions:
(a) 'K' restricts the person to vehicles not equipped with
airbrakes;
(b) 'Z' except tractor trailer;
(c) 'Z-1' may not operate commercial motor vehicles with a gross
vehicle weight rating or a gross combination weight rating exceeding
26,000 pounds."
Alcoholic beverages
SECTION 23. Section 56-1-2120 of the 1976 Code is amended to read:
"Section 56-1-2120. (A) A person may not drive a commercial motor
vehicle within this State while having a measurable amount of alcohol in
his body.
(B) A person who drives a commercial motor vehicle within this State
while having a measurable amount of alcohol in his system or who refuses
to submit to an alcohol test under Section 56-1-2130 must be placed
out-of-service for twenty-four hours.
(C) A person who drives a commercial motor vehicle in this State with
an alcohol concentration of four one-hundredths of one percent or more
must be disqualified from driving a commercial motor vehicle under
Section 56-1-2110.
(D) A person must not be on duty or operate a commercial motor
vehicle while he possesses an alcoholic beverage that is not part of the
manifest and transported as part of the shipment."
Time effective
SECTION 24. Sections 1, 2, 12, 13, 14, 15, 16, and 24 take effect upon
approval by the Governor unless otherwise provided. The provision in
Section 13 that enhances the suspension period from two years to four
years for a third conviction within five years of a first offense of operating
a motor vehicle while under the influence of intoxicating liquor, drugs, or
narcotics shall not apply unless the first, second, and third offense
convictions occurred after the effective date of this act. Sections 3, 4, 5,
6, 7, 8, 9, 10, and 11, which apply to a person applying for a beginner's
permit, provisional or restricted driver's license, or regular motor vehicle
driver's license, take effect on July 1, 1998. A person who, on July 1,
1998, is a holder of a valid special restricted license is entitled to retain
that license and is exempt from the provisional license requirements. The
purpose of this section is to grandfather persons who hold a valid special
restricted license on July 1, 1998. No provision in this section must be
construed to prevent loss of the holder's licensing privileges for traffic
violations or other acts which would otherwise affect his driving
privilege. Sections 17, 18, 19, 20, 21, 22, and 23 become effective on
October 1, 1997.
Became law without the signature of the Governor -- 1/15/98. |