H*2314 Session 105 (1983-1984)
H*2314(Rat #0422, Act #0371 of 1984) General Bill, By A.V. Rawl
A Bill to amend Section 56-3-210, Code of Laws of South Carolina, 1976,
relating to the grace period for procuring registration and license for
certain vehicles, so as to increase the period from ten to fifteen days; to
amend Section 56-3-840, relating to delinquent registration and license
penalties with respect to motor vehicles, so as to change the delinquency
penalty fee from fifty cents to five dollars for an owner of a vehicle who
fails to register and license the vehicle and pay the specified fees or
renewal when and as required, require a delinquency penalty fee of ten dollars
where the owner is delinquent by more than thirty days, require a delinquency
penalty fee of twenty-five dollars where the owner is delinquent by more than
ninety days, and make it a misdemeanor to drive, move, or operate on a highway
any vehicle for which a registration and license are required but have not
been obtained within thirty days of the date when required; to amend Section
56-3-1260, relating to procedures upon transfer of ownership of a vehicle,
notice to the South Carolina Department of Highways and Public Transportation
(Department), and disposition of plates, so as to provide that, upon transfer
of ownership of a vehicle, the license plate issued for the vehicle shall
remain with the prior owner who, within fifteen days of the transfer, either
shall apply for the transfer of the plate pursuant to Section 56-3-1290 or
shall return the plate to the Department, provide that in either event the
registration card shall be concurrently returned to the Department, and delete
certain language; to amend Section 56-3-1270, as amended, relating to
procedures upon transfer of ownership of a vehicle, application for transfer
and issuance of new card, and fee, so as to, among other things, require a
person under certain circumstances to make application to the Department,
within fifteen days after the transfer of ownership, for registration and a
license plate for such vehicle, require the Department, upon being satisfied
as to the genuineness and regularity of the application and with proof of the
ad valorem tax being paid, to issue a new registration card and license plate
to the new owner, and delete certain language; to amend Section 56-3-1280,
relating to transfer of registered and licensed vehicle to licensed dealer, so
as to make it optional for a duly licensed motor vehicle dealer who receives
by purchase, gift, trade, or otherwise a vehicle which was registered and
licensed in this State for the then current registration and license year to
obtain a new registration and license plate, and delete certain language; to
amend Section 56-3-1290, as amended, relating to transfer of plates to another
vehicle of same owner, so as to require the Department, upon application and
the payment of the fee, to transfer the license plate previously issued to an
owner for one vehicle to another vehicle of the same general type, rather than
"same classification", owned by the same person; and to amend Article 5 of
Chapter 5 of Title 56, relating to obedience to and effect of traffic laws, by
adding Section 56-5-715, so as to, among other things, provide that, under
certain conditions, the registered owner of any motor vehicle leased or rented
to another is not liable for any municipal traffic or parking violation
occurring while the leased or rented vehicle was not in his possession or
control, and allow the court in which the case is heard to take certain
action, including action against the registered owner, if the registered owner
fails to submit certain required notice within seven working days of receipt
of the violation.-amended title
01/26/83 House Introduced and read first time HJ-516
01/26/83 House Referred to Committee on Education and Public
Works HJ-516
05/19/83 House Committee report: Favorable with amendment
Education and Public Works HJ-2961
05/25/83 House Amended HJ-3083
05/25/83 House Read second time HJ-3086
05/26/83 House Read third time and sent to Senate HJ-3150
05/26/83 Senate Introduced and read first time SJ-1507
05/26/83 Senate Referred to Committee on Transportation SJ-1508
04/11/84 Senate Recalled from Committee on Transportation SJ-1386
04/19/84 Senate Amended SJ-1476
04/19/84 Senate Read second time SJ-1478
04/20/84 Senate Read third time SJ-1491
04/20/84 Senate Returned SJ-1491
04/24/84 House Concurred in Senate amendment and enrolled HJ-2555
05/03/84 Ratified R 422
05/09/84 Signed By Governor
05/09/84 Effective date 05/09/84
05/09/84 Act No. 371
05/21/84 Copies available
(A371, R422, H2314)
AN ACT TO AMEND SECTION 56-3-210, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE GRACE PERIOD FOR PROCURING REGISTRATION AND LICENSE FOR CERTAIN
VEHICLES, SO AS TO INCREASE THE PERIOD FROM TEN TO FIFTEEN DAYS; TO AMEND SECTION
56-3-840, RELATING TO DELINQUENT REGISTRATION AND LICENSE PENALTIES WITH RESPECT
TO MOTOR VEHICLES, SO AS TO CHANGE THE DELINQUENCY PENALTY FEE FROM FIFTY CENTS
TO FIVE DOLLARS FOR AN OWNER OF A VEHICLE WHO FAILS TO REGISTER AND LICENSE THE
VEHICLE AND PAY THE SPECIFIED FEES OR RENEWAL WHEN AND AS REQUIRED, REQUIRE A
DELINQUENCY PENALTY FEE OF TEN DOLLARS WHERE THE OWNER IS DELINQUENT BY MORE THAN
THIRTY DAYS, REQUIRE A DELINQUENCY PENALTY FEE OF TWENTY-FIVE DOLLARS WHERE THE
OWNER IS DELINQUENT BY MORE THAN NINETY DAYS, AND MAKE IT A MISDEMEANOR TO DRIVE,
MOVE, OR OPERATE ON A HIGHWAY ANY VEHICLE FOR WHICH A REGISTRATION AND LICENSE
ARE REQUIRED BUT HAVE NOT BEEN OBTAINED WITHIN THIRTY DAYS OF THE DATE WHEN
REQUIRED; TO AMEND SECTION 56-3-1260, RELATING TO PROCEDURES UPON TRANSFER OF
OWNERSHIP OF A VEHICLE, NOTICE TO THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND
PUBLIC TRANSPORTATION (DEPARTMENT), AND DISPOSITION OF PLATES, SO AS TO PROVIDE
THAT, UPON TRANSFER OF OWNERSHIP OF A VEHICLE, THE LICENSE PLATE ISSUED FOR THE
VEHICLE SHALL REMAIN WITH THE PRIOR OWNER WHO, WITHIN FIFTEEN DAYS OF THE
TRANSFER, EITHER SHALL APPLY FOR THE TRANSFER OF THE PLATE PURSUANT TO SECTION
56-3-1290 OR SHALL RETURN THE PLATE TO THE DEPARTMENT, PROVIDE THAT IN EITHER
EVENT THE REGISTRATION CARD SHALL BE CONCURRENTLY RETURNED TO THE DEPARTMENT, AND
DELETE CERTAIN LANGUAGE; TO AMEND SECTION 56-3-1270, AS AMENDED, RELATING TO
PROCEDURES UPON TRANSFER OF OWNERSHIP OF A VEHICLE, APPLICATION FOR TRANSFER AND
ISSUANCE OF NEW CARD, AND FEE, SO AS TO, AMONG OTHER THINGS, REQUIRE A PERSON
UNDER CERTAIN CIRCUMSTANCES TO MAKE APPLICATION TO THE DEPARTMENT, WITHIN FIFTEEN
DAYS AFTER THE TRANSFER OF OWNERSHIP, FOR REGISTRATION AND A LICENSE PLATE FOR
SUCH VEHICLE, REQUIRE THE DEPARTMENT, UPON BEING SATISFIED AS TO THE GENUINENESS
AND REGULARITY OF THE APPLICATION AND WITH PROOF OF THE AD VALOREM TAX BEING
PAID, TO ISSUE A NEW REGISTRATION CARD AND LICENSE PLATE TO THE NEW OWNER, AND
DELETE CERTAIN LANGUAGE; TO AMEND SECTION 56-3-1280, RELATING TO TRANSFER OF
REGISTERED AND LICENSED VEHICLE TO LICENSED DEALER, SO AS TO MAKE IT OPTIONAL FOR
A DULY LICENSED MOTOR VEHICLE DEALER WHO RECEIVES BY PURCHASE, GIFT, TRADE, OR
OTHERWISE A VEHICLE WHICH WAS REGISTERED AND LICENSED IN THIS STATE FOR THE THEN
CURRENT REGISTRATION AND LICENSE YEAR TO OBTAIN A NEW REGISTRATION AND LICENSE
PLATE, AND DELETE CERTAIN LANGUAGE; TO AMEND SECTION 56-3-1290, AS AMENDED,
RELATING TO TRANSFER OF PLATES TO ANOTHER VEHICLE OF SAME OWNER, SO AS TO REQUIRE
THE DEPARTMENT, UPON APPLICATION AND THE PAYMENT OF THE FEE, TO TRANSFER THE
LICENSE PLATE PREVIOUSLY ISSUED TO AN OWNER FOR ONE VEHICLE TO ANOTHER VEHICLE
OF THE SAME GENERAL TYPE, RATHER THAN "SAME CLASSIFICATION", OWNED BY
THE SAME PERSON; AND TO AMEND ARTICLE 5 OF CHAPTER 5 OF TITLE 56, RELATING TO
OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS, BY ADDING SECTION 56-5-715, SO AS TO,
AMONG OTHER THINGS, PROVIDE THAT, UNDER CERTAIN CONDITIONS, THE REGISTERED OWNER
OF ANY MOTOR VEHICLE LEASED OR RENTED TO ANOTHER IS NOT LIABLE FOR ANY MUNICIPAL
TRAFFIC OR PARKING VIOLATION OCCURRING WHILE THE LEASED OR RENTED VEHICLE WAS NOT
IN HIS POSSESSION OR CONTROL, AND ALLOW THE COURT IN WHICH THE CASE IS HEARD TO
TAKE CERTAIN ACTION, INCLUDING ACTION AGAINST THE REGISTERED OWNER, IF THE
REGISTERED OWNER FAILS TO SUBMIT CERTAIN REQUIRED NOTICE WITHIN SEVEN WORKING
DAYS OF RECEIPT OF THE VIOLATION.
Be it enacted by the General Assembly of the State of South Carolina:
Registration of foreign vehicles
SECTION 1. Section 56-3-210 of the 1976 Code is amended to read:
"Section 56-3-210. Persons newly acquiring such vehicles and owners of
foreign vehicles being moved into this State and required to be registered under
the provisions of this chapter may have a period of not exceeding fifteen days
in which to register and license them."
Further
SECTION 2. Section 56-3-840 of the 1976 Code is amended to read:
"Section 56-3-840. The owner of every vehicle required to be registered
and licensed under the provisions of this chapter who fails to register and
license such vehicle and pay the specified fees or renewal, when and as required,
must upon registering such vehicle pay to the Department a delinquency penalty
fee of five dollars. In those cases where the owner is delinquent by more than
thirty days, he must pay a delinquency penalty fee of ten dollars to the
Department. In those cases where the owner is delinquent by more than ninety
days, he must pay a delinquency penalty fee of twenty-five dollars to the
Department.
Any person who shall drive, move, or operate on a highway any vehicle for which
a registration and license are required but have not been obtained within thirty
days of the date when required is guilty of a misdemeanor."
Transfer of ownership
SECTION 3. Section 56-3-1260 of the 1976 Code is amended to read:
"Section 56-3-1260. Whenever the owner of a registered and licensed
vehicle transfers his ownership therein, he shall immediately notify the
Department in writing, giving the name and address of the new owner and the date
of transfer. The license plate issued for the vehicle shall remain with the prior
owner who, within fifteen days of the transfer, either shall apply for the
transfer of the plate pursuant to Section 56-3-1290 or shall return the plate to
the Department; in either event the registration card shall be concurrently
returned to the Department. If the vehicle is registered and licensed in the
name of the State, any department, agency, or political subdivision of the State,
or any department or agency of such a subdivision and a reduced registration and
license fee has been paid, the owner shall return the registration card and the
plate issued for the vehicle to the Department for cancellation, unless the
transfer is made to another like agency qualified to obtain a registration and
license of the vehicle at the reduced rate."
Application
SECTION 4. Section 56-3-1270 of the 1976 Code, as last amended by Act 738 of
1976, is further amended to read:
"Section 56-3-1270. Whenever any person other than a duly licensed motor
vehicle dealer receives by purchase, gift, trade, or otherwise a vehicle which
was registered and licensed in this State for the then current registration and
license year, the person so receiving such vehicle shall within fifteen days
after the transfer of ownership make application to the Department for
registration and a license plate for such vehicle. The Department, upon being
satisfied as to the genuineness and regularity of the application and with proof
of the ad valorem tax being paid as required in Section 2 of Act 405 of 1980,
shall issue a new registration card and license plate to the new owner."
New registration not required
SECTION 5. Section 56-3-1280 of the 1976 Code is amended to read:
"Section 56-3-1280. Whenever a duly licensed motor vehicle dealer receives
by purchase, gift, trade, or otherwise a vehicle which was registered and
licensed in this State for the then current registration and license year, the
dealer shall not be required to obtain a new registration and license plate, but
it shall be optional."
Fee
SECTION 6. Section 56-3-1290 of the 1976 Code, as last amended by Act 738 of
1976, is further amended to read:
"Section 56-3-1290. The Department shall, upon application being made
therefor and the payment of a fee of three dollars, transfer the license plate
previously issued to an owner for one vehicle to another vehicle of the same
general type owned by the same person."
Liability for municipal parking or traffic violations
SECTION 7. Article 5, Chapter 5, Title 56 of the 1976 Code is amended by
adding:
"Section 56-5-715. The registered owner of any motor vehicle leased or
rented to another is not liable for any municipal traffic or parking violation
occurring while the leased or rented vehicle was not in his possession or
control, if upon notice of the violation the registered owner notifies the clerk,
city recorder, or other appropriate municipal official of the court in which the
case is pending of the name, address, and driver's license number of the lessee
of the vehicle on the date the violation occurred. This notice must be
notarized. If the registered owner fails to submit the notice within seven
working days of receipt of the violation, the court in which the case is heard
may take such action as the interest of justice requires, including finding the
registered owner of the motor vehicle liable for the violation."
Time effective
SECTION 8. This act shall take effect upon approval by the Governor. |