S 0319 General Bill, By H.U. Fielding
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 56-5-5335 so as to provide that a vehicle with a cracked or broken windshield
 which does not obstruct the driver's view is not considered unsafe or
 dangerous for the purposes of Article 37, Chapter 5, Title 56; to amend
 Section 56-5-5350, as amended, relating to the inspection of motor vehicles,
 so as to require vehicles to be inspected for the proper installation of
 sunscreen devices as provided in Section 56-5-5015, provide that the
 Department of Highways and Public Transportation may except from the
 inspection provisions of vehicles subject to the United States Department of
 Transportation Federal Motor Carrier Safety Regulations instead of the
 Interstate Commerce Commission and its rules; to amend Section 56-5-5360, as
 amended, relating to motor vehicle inspection stations, so as to increase the
 fees on inspections; and to amend Section 56-5-5440, relating to penalties for
 violations of Article 37, Chapter 5, Title 56, so as to provide that, upon
 conviction, a penalty of not less than twenty-five dollars plus court costs
 must be imposed instead of being subject to the provisions of Section
 56-5-6190 regarding the general penalty for violations of Chapter 5, Title 56,
 and provide that a person apprehended for operating a vehicle with an expired
 inspection sticker be issued only a warning ticket within thirty days of the
 expiration date of the sticker.

   11/26/90  Senate Prefiled
   11/26/90  Senate Referred to Committee on Transportation
   01/08/91  Senate Introduced and read first time SJ-109
   01/08/91  Senate Referred to Committee on Transportation SJ-109

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-5335 SO AS TO PROVIDE THAT A VEHICLE WITH A CRACKED OR BROKEN WINDSHIELD WHICH DOES NOT OBSTRUCT THE DRIVER'S VIEW IS NOT CONSIDERED UNSAFE OR DANGEROUS FOR THE PURPOSES OF ARTICLE 37, CHAPTER 5, TITLE 56; TO AMEND SECTION 56-5-5350, AS AMENDED, RELATING TO THE INSPECTION OF MOTOR VEHICLES, SO AS TO REQUIRE VEHICLES TO BE INSPECTED FOR THE PROPER INSTALLATION OF SUNSCREEN DEVICES AS PROVIDED IN SECTION 56-5-5015, PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MAY EXCEPT FROM THE INSPECTION PROVISIONS OF VEHICLES SUBJECT TO THE UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY REGULATIONS INSTEAD OF THE INTERSTATE COMMERCE COMMISSION AND ITS RULES; TO AMEND SECTION 56-5-5360, AS AMENDED, RELATING TO MOTOR VEHICLE INSPECTION STATIONS, SO AS TO INCREASE THE FEES ON INSPECTIONS; AND TO AMEND SECTION 56-5-5440, RELATING TO PENALTIES FOR VIOLATIONS OF ARTICLE 37, CHAPTER 5, TITLE 56, SO AS TO PROVIDE THAT, UPON CONVICTION, A PENALTY OF NOT LESS THAN TWENTY-FIVE DOLLARS PLUS COURT COSTS MUST BE IMPOSED INSTEAD OF BEING SUBJECT TO THE PROVISIONS OF SECTION 56-5-6190 REGARDING THE GENERAL PENALTY FOR VIOLATIONS OF CHAPTER 5, TITLE 56, AND PROVIDE THAT A PERSON APPREHENDED FOR OPERATING A VEHICLE WITH AN EXPIRED INSPECTION STICKER BE ISSUED ONLY A WARNING TICKET WITHIN THIRTY DAYS OF THE EXPIRATION DATE OF THE STICKER.

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

SECTION 1. Article 37, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-5335. A vehicle with a cracked or broken windshield which does not obstruct the driver's view is not considered unsafe or dangerous for purposes of this article."

SECTION 2. Section 56-5-5350(b) of the 1976 Code is amended to read:

"(b) Such The inspection shall must be made of every such each vehicle and such certificates obtained with respect to the mechanism, lights, tires, brakes, and equipment of such the vehicle as shall be is designated by the Highway Department of Highways and Public Transportation. All vehicle inspections as provided for in this article must include an inspection to determine if the motor vehicle meets the requirements for the installation of sunscreen devices as provided in Section 56-5-5015. In the case of vehicles less than five years old, the vehicle inspections provided for in this article must include an inspection to determine if the emission control systems are intact."

SECTION 3. Section 56-5-5350(c) of the 1976 Code is amended to read:

"(c) The Highway Department of Highways and Public Transportation may accept authorize the

acceptance in this State of a certificate of inspection and approval issued under the authority of by a qualified agency or department of another state, and shall except from the provisions of this article all vehicles subject to the Interstate Commerce Commission and its rules, United States Department of Transportation federal motor carrier safety regulations and periodic inspections."

SECTION 4. Section 56-5-5360(d) of the 1976 Code is amended to read:

"(d) Official inspection stations may charge a fee of not more than two five dollars and fifty cents for each inspection and fifty cents not more than five dollars for each inspection of any other vehicle that is required to be registered. In addition, the station may charge not more than one dollar for the issuance of each inspection certificate. Provided, that if any If a vehicle does not pass inspection at any a station and is taken to another place to have such the defect corrected, the fee shall must not be charged again provided if the motor vehicle is taken to the station which originally made the inspection originally. Inspection forms shall must be prepared by the State Highway Department South Carolina Department of Highways and Public Transportation and furnished to inspection stations at a cost of fifty cents each."

SECTION 5. Section 56-5-5440 of the 1976 Code is amended to read:

"Section 56-5-5440. (A) Any A person violating the provisions of this article shall be punished in the same manner as provided for in Section 56-5-6190, unless otherwise provided, must be fined upon conviction not more than twenty-five dollars plus court costs, all or part of which, including court costs, may be suspended.

(B) A person apprehended for operating a vehicle with an expired inspection sticker may be issued only a warning ticket within thirty days of the expiration date of the sticker."

SECTION 6. This act takes effect ninety days after approval by the Governor.