H 3710 Session 112 (1997-1998)
H 3710 General Bill, By House Education and Public Works
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS
56-1-175 AND 56-1-176 SO AS TO PROVIDE FOR THE ISSUANCE OF A PROVISIONAL
DRIVER'S LICENSE; BY ADDING SECTION 56-5-2953 SO AS TO PROVIDE THAT A DRIVER
UNDER THE AGE OF TWENTY-ONE SHALL NOT OPERATE A MOTOR VEHICLE WITH ANY
MEASURABLE AMOUNT OF ALCOHOL; BY ADDING SECTION 56-23-87 SO AS TO PROVIDE THAT
A PERSON WHO SUCCESSFULLY COMPLETES CERTAIN DRIVER TRAINING COURSES MUST BE
ISSUED A CERTIFICATE OF COMPLETION; TO AMEND SECTION 56-1-30, RELATING TO
PERSONS EXEMPT FROM OBTAINING A DRIVER'S LICENSE, SO AS TO DEFINE "IMPLEMENTS
OF HUSBANDRY"; TO AMEND SECTION 56-1-40, AS AMENDED, RELATING TO A PERSON WHO
MAY NOT OBTAIN A DRIVER'S LICENSE OR HAVE HIS DRIVER'S LICENSE RENEWED, SO AS
TO REVISE THE AGE OF A PERSON WHO MAY BE ISSUED A DRIVER'S LICENSE OR A
SPECIAL RESTRICTED DRIVER'S LICENSE.-SHORT TITLE
03/25/97 House Introduced, read first time, placed on calendar
without reference HJ-6
04/01/97 House Amended HJ-30
04/01/97 House Objection by Rep. Fleming & F. Smith HJ-31
04/01/97 House Requests for debate-Rep(s). Knotts, McMahand, R.
Smith, Scott & Mason HJ-31
04/02/97 House Requests for debate removed-Rep(s). McMahand,
Mason, Scott & F. Smith HJ-82
04/02/97 House Requests for debate-Rep(s). Kirsh & Davenport HJ-82
04/08/97 House Amended HJ-10
04/08/97 House Debate interrupted HJ-12
04/09/97 House Read second time HJ-43
04/09/97 House Roll call Yeas-97 Nays-22 HJ-43
04/10/97 House Read third time and sent to Senate HJ-114
04/15/97 Senate Introduced and read first time SJ-11
04/15/97 Senate Referred to Committee on Judiciary SJ-11
Indicates Matter Stricken
Indicates New Matter
AMENDED
April 9, 1997
H. 3710
Introduced by Education and Public Works
Committee
S. Printed 4/9/97--H.
Read the first time March 25, 1997.
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTIONS 56-1-175 AND 56-1-176 SO AS TO
PROVIDE FOR THE ISSUANCE OF A PROVISIONAL
DRIVER'S LICENSE; BY ADDING SECTION 56-5-2953 SO AS
TO PROVIDE THAT A DRIVER UNDER THE AGE OF
TWENTY-ONE SHALL NOT OPERATE A MOTOR VEHICLE
WITH ANY MEASURABLE AMOUNT OF ALCOHOL; BY
ADDING SECTION 56-23-87 SO AS TO PROVIDE THAT A
PERSON WHO SUCCESSFULLY COMPLETES CERTAIN
DRIVER TRAINING COURSES MUST BE ISSUED A
CERTIFICATE OF COMPLETION; TO AMEND SECTION
56-1-30, RELATING TO PERSONS EXEMPT FROM OBTAINING
A DRIVER'S LICENSE, SO AS TO DEFINE "IMPLEMENTS OF
HUSBANDRY"; TO AMEND SECTION 56-1-40, AS AMENDED,
RELATING TO A PERSON WHO MAY NOT OBTAIN A
DRIVER'S LICENSE OR HAVE HIS DRIVER'S LICENSE
RENEWED, SO AS TO REVISE THE AGE OF A PERSON WHO
MAY BE ISSUED A DRIVER'S LICENSE OR A SPECIAL
RESTRICTED DRIVER'S LICENSE; TO AMEND SECTION
56-1-50, AS AMENDED, RELATING TO THE APPLICATION,
PROCEDURE, ISSUANCE, AND RENEWAL OF, AND FEE FOR
A BEGINNER'S PERMIT, SO AS TO REVISE THE CONDITIONS
UNDER WHICH A PERSON HOLDING A BEGINNER'S PERMIT
MAY OPERATE A MOTOR VEHICLE, TO PROVIDE THAT
BEFORE OBTAINING FULL LICENSURE CERTAIN PERSONS
MUST HOLD A BEGINNER'S PERMIT FOR NINETY DAYS,
AND TO DEFINE "DAYLIGHT HOURS"; TO AMEND SECTION
56-1-130, AS AMENDED, RELATING TO EXAMINATIONS FOR
BASIC AND CLASSIFIED LICENSES, SO AS TO PROVIDE FOR
THE CONDITIONS UPON WHICH THE HOLDER OF A
PROVISIONAL OR SPECIAL RESTRICTED DRIVER'S
LICENSE MAY OPERATE A FARM TRUCK; TO AMEND
SECTION 56-1-180, AS AMENDED, RELATING TO THE
SPECIAL RESTRICTED DRIVER'S LICENSE FOR MINORS, SO
AS TO REVISE THE AGE OF A PERSON THAT MAY OBTAIN
A SPECIAL RESTRICTED DRIVER'S LICENSE, TO DELETE A
REFERENCE TO AN INSTRUCTION PERMIT, TO REVISE THE
CIRCUMSTANCES UPON WHICH A PERSON MAY OPERATE
A VEHICLE WHILE HOLDING A SPECIAL RESTRICTED
DRIVER'S LICENSE, TO PROVIDE CONDITIONS UPON
WHICH A WAIVER OR MODIFICATION OF THE LICENSE
RESTRICTIONS MAY BE GRANTED AND THE CONTENTS OF
THE STATEMENT THAT MUST BE INCLUDED IN AN
APPLICATION FOR WAIVER OR MODIFICATION OF THE
RESTRICTIONS, AND TO DEFINE "DAYLIGHT HOURS"; AND
TO AMEND SECTION 56-1-185, RELATING TO THE
POSTPONEMENT OF THE REMOVAL OF RESTRICTIONS
FROM A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS
TO PROVIDE THAT A HOLDER OF A BEGINNER'S PERMIT,
PROVISIONAL OR SPECIAL RESTRICTED DRIVER'S
LICENSE WHO IS CONVICTED OF CERTAIN TRAFFIC
OFFENSES SHALL HAVE HIS LICENSE SUSPENDED FOR SIX
MONTHS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. 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 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. During nighttime hours, but
no later than midnight and no earlier than six a.m., the holder of a
provisional driver's license must be accompanied by a licensed adult,
twenty-one years of age or older;
(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
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 56-23-85."
SECTION 2. 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)."
SECTION 3. The 1976 Code is amended by adding:
"Section 56-5-2953. (A) A driver under the age of twenty-one is
prohibited from operating a motor vehicle with any measurable
amount of alcohol in his blood. For purposes of this subsection, 'any
measurable amount of alcohol' may be inferred if there was at that
time in excess of two one-hundredths of one percent or more by
weight of alcohol in the person's blood.
(B) A driver under the age of twenty-one who commits a first
offense violation of the provisions of subsection (A) must
successfully complete a ten-hour Alcohol and Drug Safety Action
Program (ADSAP) within ninety days of his conviction for the
violation. Any driver who fails to successfully complete such a
program within the time required shall have his driving privileges
suspended for a period of one year. A driver under the age of
twenty-one who commits a second or subsequent violation of the
provisions of subsection (A) shall have his driving privileges
suspended for one year. The suspensions provided for in this section
are in addition to any other penalties provided by law."
SECTION 4. The 1976 Code is amended by adding:
"Section 56-23-87. A person successfully completing a driver
training course conducted by a person holding a valid driver
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."
SECTION 5. Section 56-1-30(4) of the 1976 Code is amended to
read:
"(4) Any 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 equipment other than a passenger car."
SECTION 6. 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 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 7. Section 56-1-50 of the 1976 Code, as last amended
by Section 121E, Part II, Act 497 of 1995, 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 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) 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 A
permit is not valid until it has been so 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 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.; and
(2) Also exempted from the requirement of the
beginner's permit are persons a person fifteen years of age or
older 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.
(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."
SECTION 8. 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 deems 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."
SECTION 9. 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 for ninety days 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 in the operation of:
(1) in the operation of all type vehicles during
daylight hours., except that between the hours of six o'clock
p.m. and six o'clock a.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 eight o'clock
p.m. During nighttime hours, no later than midnight and no
earlier than six a.m., the holder of a special restricted driver's license
must be accompanied by a licensed adult, twenty-one years of age or
older. This restriction may be modified or waived by the department
if the restricted licensee proves to the department's satisfaction that
the restriction interferes or substantially interfere 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) 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 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
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."
SECTION 10. Section 56-1-185 of the 1976 Code is amended to
read:
"Section 56-1-185. (A) Any 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, 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."
SECTION 11. This act takes effect upon approval by the Governor
and applies to a person applying for a beginner's permit, provisional
or restricted driver's license or regular motor vehicle driver's license
after December 31, 1997. A person, who upon the effective date of
this act, 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 December 31, 1997.
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 effect his driving privilege.
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