H 3803 Session 111 (1995-1996)
H 3803 General Bill, By Young-Brickell, Bailey, A.W. Byrd, C.D. Chamblee,
Gamble, Haskins, H.G. Hutson, Keegan, M.H. Kinon, Klauber, Law, L.H. Limbaugh,
Littlejohn, Lloyd, Mason, Meacham, R. Smith, Vaughn, Whatley, Witherspoon and
S.S. Wofford
A Bill to amend Section 56-1-40, as amended, Code of Laws of South Carolina,
1976, relating to persons who may obtain a driver's license, beginner's permit
or instruction permit, so as to require applicants for a beginner's permit to
meet the requirements of Section 56-1-50, to require applicants for a
restricted driver's license to meet the requirements of Section 56-1-180, and
to delete "instruction permit" and "Section 56-1-60"; to amend Section
56-1-50, as amended, relating to obtaining a beginner's permit, so as to
require applicants to complete a driver's training course before being issued
a beginner's permit; to amend Section 56-1-180, as amended, relating to a
restricted driver's license, so as to delete "instruction permit" and to
require applicants to complete a driver's training course before being issued
a restricted driver's license.
03/14/95 House Introduced and read first time HJ-164
03/14/95 House Referred to Committee on Education and Public
Works HJ-164
04/09/96 House Committee report: Favorable with amendment
Education and Public Works HJ-14
04/11/96 House Objection by Rep. Felder, Sharpe, Witherspoon, J.
Brown, Seithel, Cave, Rhoad, Waldrop, Spearman &
Stuart HJ-35
04/24/96 House Debate adjourned until Thursday, April 25, 1996 HJ-478
04/25/96 House Debate interrupted HJ-99
05/01/96 House Debate adjourned until Thursday, May 2, 1996 HJ-71
05/07/96 House Amended HJ-40
05/07/96 House Recommitted to Committee on Education and Public
Works HJ-51
Indicates Matter Stricken
Indicates New Matter
AMENDED--NOT PRINTED IN THE HOUSE
(3803H.1) (P:\amend\DKA\3803CM.96)
May 7, 1996
H. 3803
Introduced by REPS. A. Young, Keegan, Mason, R. Smith, Bailey,
Wofford, Klauber, Law, Hutson, Whatley, Vaughn, Chamblee,
Byrd, Gamble, Witherspoon, Lloyd, Limbaugh, Kinon, Littlejohn,
Haskins and Meacham
S. Printed 4/9/96--H.
Read the first time March 14, 1995.
A BILL
TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO
PERSONS WHO MAY OBTAIN A DRIVER'S LICENSE,
BEGINNER'S PERMIT OR INSTRUCTION PERMIT, SO AS TO
REQUIRE APPLICANTS FOR A BEGINNER'S PERMIT TO
MEET THE REQUIREMENTS OF SECTION 56-1-50, TO
REQUIRE APPLICANTS FOR A RESTRICTED DRIVER'S
LICENSE TO MEET THE REQUIREMENTS OF SECTION
56-1-180, AND TO DELETE "INSTRUCTION
PERMIT" AND "SECTION 56-1-60"; TO
AMEND SECTION 56-1-50, AS AMENDED, RELATING TO
OBTAINING A BEGINNER'S PERMIT, SO AS TO REQUIRE
APPLICANTS TO COMPLETE A DRIVER'S TRAINING
COURSE BEFORE BEING ISSUED A BEGINNER'S PERMIT;
TO AMEND SECTION 56-1-180, AS AMENDED, RELATING
TO A RESTRICTED DRIVER'S LICENSE, SO AS TO DELETE
"INSTRUCTION PERMIT" AND TO REQUIRE
APPLICANTS TO COMPLETE A DRIVER'S TRAINING
COURSE BEFORE BEING ISSUED A RESTRICTED DRIVER'S
LICENSE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 56-1-40(1) of the 1976 Code, as last
amended by Act 497 of 1994, is further amended to read:
"(1) who is under sixteen seventeen years
of age. However, the department may issue a beginner's or
instruction permit as provided in Sections
Section 56-1-50 and 56-1-60 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 fifteen
sixteen years of age and less than sixteen
seventeen years of age as provided in Section 56-1-180
and meets the requirements of that section;"
SECTION 2. Section 56-1-50 of the 1976 Code, as last
amended by 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 under the following
conditions:
(1) in the operation of all vehicles 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.;
(2) in the operation of farm machinery and equipment, other
than a passenger car, while engaged in agricultural pursuits; and
(3) in the operation of a motor scooter or light motor-driven
cycle of five-brake horsepower or less.
(C) Except as provided in item (D), while
driving, as specified in subsection (B)(1), the permittee
must be accompanied by a licensed driver eighteen
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) The restrictions of subsection (C) require the
holder of a beginner's permit to be accompanied by an adult during
the hours specified in subsection (B)(1), do not apply if the person
successfully has completed a driver training course administered by
a driver training school or a private, parochial, or public high
school conducted by a person holding a valid driver instructor
permit contained in Section 56-23-87, and while driving maintains
in his possession the certificate of completion he received pursuant
to Section 56-23-87.
(E) 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.
No permit is valid until it has been so signed by the permittee.
(F) 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 training course is not required
to obtain a beginner's permit to operate a motor vehicle while
the student is participating in the driver training course and
when accompanied by a qualified instructor of the driver
training course.;
(2) Also exempted from the requirement of the
beginner's permit are persons a person enrolled in
a driver training courses course conducted
by a driver training schools school licensed
under Chapter 23 of this title. However, these persons
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."
SECTION 3. 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
fifteen sixteen years old of age and
less than sixteen seventeen years old of
age, who first has acquired held a beginner's
permit or an instruction permit and who has successfully
passed the road tests or other requirements as the department
may in its discretion may prescribe.
(B) The special restricted driver's license is valid only
under the following conditions:
(1) in the operation of all type vehicles,
except that between the hours of after six o'clock
p.m. a.m. and no later than six o'clock
a.m. p.m. the holder of the special restricted
driver's license must be accompanied by a licensed adult,
twenty-one years of age or more, or accompanied by the holder's
parent or guardian. However, beginning on the day that daylight
saving time goes into effect through the day that daylight saving
time ends, the holder of the license does not need to be
accompanied before may operate a vehicle after six o'clock
a.m. and no later than eight o'clock p.m.;
(2) in the operation of all vehicles during hours not
specified in subsection (B)(1), the holder of a special restricted
driver's license must be accompanied by a licensed adult,
twenty-one years of age or more, or accompanied by the holder's
parent or guardian;
(3) in the operation of farm machinery and equipment,
other than a passenger car, while engaged in agricultural pursuits;
and
(3)(4) in the operation of a motor scooter or
light motor-driven cycle of five-brake horsepower or less."
SECTION 4. The 1976 Code is amended by adding:
"Section 56-23-87. All persons successfully completing a
driver training course conducted by a person holding a valid driver
instructor permit as specified in Section 56-23-85, must be issued a
certificate of completion in a form consistent with regulations
issued by the Department of Public Safety."
SECTION 5. This act takes effect upon approval by the
Governor and is applicable to a person applying for a beginner's
permit or motor vehicle license on or after January 1, 1997.
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