H 3123 General Bill, By Young-Brickell, D.W. Beatty, Cato, R.C. Fulmer, 
H.M. Hallman, Harrell, J.L. Harris, Haskins, J. Hines, H.G. Hutson, 
M.F. Jaskwhich, Littlejohn, McMahand, Neilson, J.S. Shissias, Vaughn, Walker and 
S.S. Wofford
 A Bill to amend Section 56-1-40, Code of Laws of South Carolina, 1976,
 relating to persons who may be licensed, so as to increase the age from
 fifteen to sixteen for a beginner's permit and from sixteen to seventeen for a
 license unless the person has completed a driver's training course and to
 increase the age for a restricted license from fifteen to sixteen years old;
 to amend Section 56-1-50, as amended, relating to beginners' permits, so as to
 increase the age from fifteen to sixteen; to amend Section 56-1-180, as
 amended, relating to restricted licenses, so as to allow these licenses for
 sixteen-year-olds driving to and from work and school under certain conditions
 and to provide for the license content and fee and for violations; and to
 repeal Section 56-1-185 relating to removal of time restrictions on licenses.

   01/14/93  House  Introduced and read first time HJ-9
   01/14/93  House  Referred to Committee on Education and Public
                     Works HJ-9

A BILL

TO AMEND SECTION 56-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY BE LICENSED, SO AS TO INCREASE THE AGE FROM FIFTEEN TO SIXTEEN FOR A BEGINNER'S PERMIT AND FROM SIXTEEN TO SEVENTEEN FOR A LICENSE UNLESS THE PERSON HAS COMPLETED A DRIVER'S TRAINING COURSE AND TO INCREASE THE AGE FOR A RESTRICTED LICENSE FROM FIFTEEN TO SIXTEEN YEARS OLD; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO BEGINNERS' PERMITS, SO AS TO INCREASE THE AGE FROM FIFTEEN TO SIXTEEN; TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO RESTRICTED LICENSES, SO AS TO ALLOW THESE LICENSES FOR SIXTEEN-YEAR-OLDS DRIVING TO AND FROM WORK AND SCHOOL UNDER CERTAIN CONDITIONS AND TO PROVIDE FOR THE LICENSE CONTENT AND FEE AND FOR VIOLATIONS; AND TO REPEAL SECTION 56-1-185 RELATING TO REMOVAL OF TIME RESTRICTIONS ON LICENSES.

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

SECTION 1. Section 56-1-40 of the 1976 Code is amended to read:

"Section 56-1-40. The department shall may not issue any a motor vehicle driver's license under this article to:

(1) Any a person who is under sixteen seventeen years of age, except that the department may issue a:

(a) beginner's or instruction permit as provided in Sections Section 56-1-50 and 56-1-60 to any a person who is at least fifteen sixteen years of age; and except that the Department may issue a

(b) special restricted driver's license to any a person who is at least fifteen sixteen years old and less than sixteen seventeen years as provided in Section 56-1-180;

(c) motor vehicle driver's license to a person at least sixteen years old and less than seventeen who has successfully completed a high school driver training course or a driver training course conducted by a driver training school licensed under Chapter 23 and who has passed the written examination and road test required for a license;

(2) Any a person whose license has been suspended during such the suspension or any a person whose license has been revoked, except as otherwise provided for in this article;

(3) Any a person who is an habitual drunkard, an habitual user of narcotic drugs, or an habitual user of any other drug to a degree which renders him the person incapable of safely driving a motor vehicle;

(4) Any a person who has previously been adjudged to be afflicted with or suffering from any a mental disability or mental disease and who has not at the time of application been restored to competency by methods provided by law;

(5) Any a person who is required by this article to take an examination, unless such the person shall have has successfully passed such the examination;

(6) Any a person who is required under the laws of this State to deposit proof of financial responsibility and who has not deposited such this proof; or

(7) Any any other person who may not be issued a license as otherwise provided by the laws of this State."

SECTION 2. Section 56-1-50 of the 1976 Code, as last amended by Act 486 of 1992, is further amended to read:

"Section 56-1-50. (A) A person who is at least fifteen sixteen years of age may apply to the department for a beginner's permit. The department may, after the applicant has successfully passed all parts of the examination other than the driving test, may issue to the applicant a beginner's permit which entitles the applicant having the permit in his immediate possession of the permit to drive a motor vehicle on the public highways for not more than six months. While driving the permittee must be accompanied by a licensed driver eighteen 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 in the event the permittee is operating a motorcycle. A three-wheel vehicle requires the accompanying driver to be directly behind the driver or a saddle-type seat or beside the driver on a bench-type seat. A beginner's permit may be renewed or a new permit issued for additional periods of six months, but the department may refuse to renew or issue a new permit where the examining officer has reason to believe that 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 the permit must bear the full name, date of birth, residence address, and a brief description and color photograph of the permittee and either a facsimile of the signature of the permittee or a space upon which the permittee immediately shall write his usual signature sign with pen and ink immediately upon receipt of the permit. No permit is valid until it has been so signed by the permittee.

(B) Any A student regularly enrolled in a high school of this State which conducts a driver training course shall is not be 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.

(C) Also exempted from the requirement of the beginner's permit are persons enrolled in driver training courses conducted by driver training schools licensed under Chapter 23 of this title. Provided, however, that such However, these persons shall at all times be accompanied by an instructor of the school and 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 years old and less than sixteen years old, who first has acquired 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 prescribe. 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 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. for transportation to and from school and work in accordance with subsection (B);

(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.

(B) A special restricted driver's license issued under this section only may be issued to a person employed or a person enrolled in a public or private school, college, or university permitting that person to drive only to and from the place of employment or education and in the course of employment or education, if driving is required. The department may issue this license only upon a showing by the person that:

(1) the person is employed or enrolled in a school, college, or university;

(2) the person's residence is further than one mile from the person's place of employment or education;

(3) there is no school provided transportation available or no adequate public transportation between a person's residence and the place of employment or education.

(C) If the department issues a special restricted driver's license, it shall designate the purpose for which and reasonable restrictions on the times during which and the routes on which the person may operate a motor vehicle. The licensee immediately must report to the department a change in employment hours, place of employment, status as a student, or residence.

(D) A person issued a special restricted driver's license who operates a motor vehicle outside the purpose time limits, or route imposed by the license is in violation of Section 56-1-170.

(E) The fee for a special restricted driver's license is twenty-five dollars and shall bear the full name, date of birth, residence address, and a brief description and color photograph of the licensee, a facsimile of the signature of the licensee or a space upon which the licensee immediately shall sign with pen and ink upon receipt of the license, and the restrictions as provided for in subsection (C)."

SECTION 4. Section 56-1-185 of the 1976 Code is repealed.

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 this act's effective date.