H 3441 General Bill, By J.T. McElveen, R.S. Corning, Quinn and Scott

Similar(S 391)
 A Bill to amend Section 56-1-30, Code of Laws of South Carolina, 1976,
 relating to persons exempt from driver's license requirements, so as to, among
 other things, provide an exemption for a nonresident who is at least
 seventeen, rather than sixteen, years of age and for a citizen of Germany who
 is at least eighteen years of age, is employed in South Carolina, and has a
 valid driver's license issued in Germany; to amend Section 56-1-40, relating
 to persons who shall not be licensed for purposes of the driver's license
 requirements and to beginner's or instruction permits, so as to, among other
 things, provide that the Department of Highways and Public Transportation may
 not issue a motor vehicle driver's license to a person under seventeen, rather
 than sixteen, years of age, except that the Department may issue a beginner's
 or instruction permit to a person who is at least sixteen, rather than
 fifteen, years of age and a special restricted driver's license to a person
 who is at least sixteen, rather than fifteen, years old and less than
 seventeen, rather than sixteen, years of age as provided in Section 56-1-180;
 to amend Section 56-1-50, as amended, relating to beginner's permit and driver
 training course, so as to, among other things, provide that a person who is at
 least sixteen, rather than fifteen, years of age may apply to the Department
 of Highways and Public Transportation for a beginner's permit and that, while
 driving, the permittee must be accompanied by a licensed driver twenty-one,
 rather than eighteen, years of age or older; to amend Section 56-1-180, as
 amended, relating to special restricted driver's licenses for certain minors,
 so as to, among other things, provide that the Department of Highways and
 Public Transportation may issue a special restricted driver's license to a
 person who is at least sixteen, rather than fifteen, and less than seventeen,
 rather than sixteen, years of age; to amend Section 56-5-6540, relating to
 safety belts, penalties, and enforcement, so as to increase the maximum
 amounts of certain fines and delete the provisions, including those relating
 to stopping a driver for a violation of the safety belt provisions in the
 absence of another violation of the motor vehicle laws and exceptions; and to
 require the Chief Insurance Commissioner by a certain date to review the
 experience of automobile insurers issuing policies of private passenger
 automobile insurance in South Carolina to determine whether any rate decreases
 are justified as a result of the passage of this Act.

   02/10/93  House  Introduced and read first time HJ-4
   02/10/93  House  Referred to Committee on Education and Public
                     Works HJ-5

A BILL

TO AMEND SECTION 56-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS EXEMPT FROM DRIVER'S LICENSE REQUIREMENTS, SO AS TO, AMONG OTHER THINGS, PROVIDE AN EXEMPTION FOR A NONRESIDENT WHO IS AT LEAST SEVENTEEN, RATHER THAN SIXTEEN, YEARS OF AGE AND FOR A CITIZEN OF GERMANY WHO IS AT LEAST EIGHTEEN YEARS OF AGE, IS EMPLOYED IN SOUTH CAROLINA, AND HAS A VALID DRIVER'S LICENSE ISSUED IN GERMANY; TO AMEND SECTION 56-1-40, RELATING TO PERSONS WHO SHALL NOT BE LICENSED FOR PURPOSES OF THE DRIVER'S LICENSE REQUIREMENTS AND TO BEGINNER'S OR INSTRUCTION PERMITS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MAY NOT ISSUE A MOTOR VEHICLE DRIVER'S LICENSE TO A PERSON UNDER SEVENTEEN, RATHER THAN SIXTEEN, YEARS OF AGE, EXCEPT THAT THE DEPARTMENT MAY ISSUE A BEGINNER'S OR INSTRUCTION PERMIT TO A PERSON WHO IS AT LEAST SIXTEEN, RATHER THAN FIFTEEN, YEARS OF AGE AND A SPECIAL RESTRICTED DRIVER'S LICENSE TO A PERSON WHO IS AT LEAST SIXTEEN, RATHER THAN FIFTEEN, YEARS OLD AND LESS THAN SEVENTEEN, RATHER THAN SIXTEEN, YEARS OF AGE AS PROVIDED IN SECTION 56-1-180; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO BEGINNER'S PERMIT AND DRIVER TRAINING COURSE, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT A PERSON WHO IS AT LEAST SIXTEEN, RATHER THAN FIFTEEN, YEARS OF AGE MAY APPLY TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR A BEGINNER'S PERMIT AND THAT, WHILE DRIVING, THE PERMITTEE MUST BE ACCOMPANIED BY A LICENSED DRIVER TWENTY-ONE, RATHER THAN EIGHTEEN, YEARS OF AGE OR OLDER; TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO SPECIAL RESTRICTED DRIVER'S LICENSES FOR CERTAIN MINORS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MAY ISSUE A SPECIAL RESTRICTED DRIVER'S LICENSE TO A PERSON WHO IS AT LEAST SIXTEEN, RATHER THAN FIFTEEN, AND LESS THAN SEVENTEEN, RATHER THAN SIXTEEN, YEARS OF AGE; TO AMEND SECTION 56-5-6540, RELATING TO SAFETY BELTS, PENALTIES, AND ENFORCEMENT, SO AS TO INCREASE THE MAXIMUM AMOUNTS OF CERTAIN FINES AND DELETE THE PROVISIONS, INCLUDING THOSE RELATING TO STOPPING A DRIVER FOR A VIOLATION OF THE SAFETY BELT PROVISIONS IN THE ABSENCE OF ANOTHER VIOLATION OF THE MOTOR VEHICLE LAWS AND EXCEPTIONS; AND TO REQUIRE THE CHIEF INSURANCE COMMISSIONER BY A CERTAIN DATE TO REVIEW THE EXPERIENCE OF AUTOMOBILE INSURERS ISSUING POLICIES OF PRIVATE PASSENGER AUTOMOBILE INSURANCE IN SOUTH CAROLINA TO DETERMINE WHETHER ANY RATE DECREASES ARE JUSTIFIED AS A RESULT OF THE PASSAGE OF THIS ACT.

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

SECTION 1. Section 56-1-30 of the 1976 Code is amended to read:

"Section 56-1-30. The following persons are exempt from licenses under this article:

(1) Any An employee of the United States Government while operating may operate a motor vehicle owned by or leased to the United States Government and being operated on official business, unless the employee is required by the United States Government or the federal agency by which he is employed to have a state driver's license;.

(2) A nonresident who is at least sixteen seventeen years of age and who has in his immediate possession a valid operator's or chauffeur's license issued to him in his home state or country may operate a motor vehicle,. but However, a person may not claim a nonresidence exemption under this provision who does not maintain a permanent residence address in the state or country of which he holds a valid and current operator's or chauffeur's license at which he regularly receives his mail and which address is on file with the motor vehicle authorities of that state or country; also,. a A person may not claim a nonresidence exemption under this provision who for all other intents and purposes has or may remove his residence into this State;.

(3) Any A nonresident who is at least eighteen years of age and whose home state or country does not require the licensing of operators may operate a motor vehicle for a period of not more than ninety days in any a calendar year, if the motor vehicle is duly registered in the home state or country of the nonresident. and a A nonresident on active duty in the Armed Services of the United States who has a valid license issued by his home state and the nonresident's spouse or dependent who has a valid license issued by his home state; may operate a vehicle.

(4) Any A person operating or driving implements of husbandry farming equipment temporarily drawn, propelled, or moved upon a highway.

(5) Any A person on active duty in the Armed Services of the United States who has in his immediate possession a valid driver's license issued in a foreign country or by the Armed Services of the United States may operate a motor vehicle in this State for a period of not more than ninety days from the date of his return to the United States; and.

(6) A citizen of France or Germany who is at least eighteen years of age, who is employed in South Carolina, and who has a valid driver's license issued by that nation may drive in this State for four years."

SECTION 2. 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 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 special restricted driver's license to any a person who is at least fifteen years old sixteen years of age and less than sixteen seventeen years as provided in Section 56-1-180;

(2) Any A person whose license has been suspended during such suspension or any person whose license has been is 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 another drug to a degree which renders him 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 successfully has passed such the examination;

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

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

SECTION 3. 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 passed 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 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 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 in the event if 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 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.

(B) The following are not required to obtain a beginner's permit to operate a motor vehicle:

(1) Any a student regularly enrolled in a high school of this State which conducts a driver training course shall 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.;

(2) 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 However, that such these persons shall at all times must 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 4. 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. The department may issue a special restricted driver's license to a person who is at least fifteen years old sixteen and less than sixteen seventeen years old of age, who first has acquired a beginner's permit or an instruction permit and who has successfully has 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 in the operation of:

(1) in the operation of all type types of 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.;

(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."

SECTION 5. Section 56-5-6540 of the 1976 Code is amended to read:

"Section 56-5-6540. (A) A person violating the provisions of this article, upon conviction, must be fined not more than ten twenty-five dollars, all or part of which may be suspended. No court costs may be assessed against the person convicted. No person may be fined more than twenty fifty dollars for any one incident of one or more violations of the provisions of this article. No custodial arrest for a violation of this article may be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A conviction for a violation of this article does not constitute a criminal offense.

(B) A law enforcement officer may not stop a driver for a violation of this article in the absence of another violation of the motor vehicle laws except when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time. A citation for a violation of this article must not be issued without citing the violation that initially caused the officer to effect the enforcement stop.

(C) A violation of this article does not constitute negligence per se or contributory negligence and is not admissible as evidence in a civil action."

SECTION 6. No later than twenty-four months following the effective date of this act, the Chief Insurance Commissioner must review the experience of automobile insurers issuing policies of private passenger automobile insurance in this State to determine whether any rate decreases are justified as a result of the passage of this act.

SECTION 7. This act takes effect September 30, 1993.