H 4476 Session 111 (1995-1996)
H 4476 General Bill, By Seithel, Bailey, B.D. Cain, R.C. Fulmer, Harrison,
Kelley, P.H. Thomas, Whatley, W.J. Young and Young-Brickell
A Bill to amend Sections 56-1-40 and 56-1-180, both as amended, Code of Laws
of South Carolina, 1976, relating to persons who may obtain a driver's
license, beginner's permit, and a special restricted license, so as to provide
that a person under seventeen years of age or who has not completed
successfully a driver training course may not obtain a driver's license and to
revise the age that a person must be and the length of time a person must
possess a beginner's permit to obtain a special restricted driver's license.
01/18/96 House Introduced and read first time HJ-20
01/18/96 House Referred to Committee on Education and Public
Works HJ-20
A BILL
TO AMEND SECTIONS 56-1-40 AND 56-1-180, BOTH AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO PERSONS WHO MAY OBTAIN A DRIVER'S
LICENSE, BEGINNER'S PERMIT, AND A SPECIAL
RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE
THAT A PERSON UNDER SEVENTEEN YEARS OF AGE OR
WHO HAS NOT COMPLETED SUCCESSFULLY A DRIVER
TRAINING COURSE MAY NOT OBTAIN A DRIVER'S
LICENSE AND TO REVISE THE AGE THAT A PERSON MUST
BE AND THE LENGTH OF TIME A PERSON MUST POSSESS
A BEGINNER'S PERMIT TO OBTAIN A SPECIAL
RESTRICTED DRIVER'S LICENSE.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 56-1-40 of the 1976 Code, as last
amended by Act 497 of 1994, is further amended to read:
"Section 56-1-40. The department may not issue a motor
vehicle driver's license to or renew the driver's license of a person:
(1) who is under sixteen 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 the
department may issue a special restricted driver's license to a
person who is at least fifteen years of age and less than
sixteen seventeen years of age and who has held
a beginner's permit for at least three months as provided in
Section 56-1-180;
(2) whose driver's license or privilege to operate a motor
vehicle currently is suspended or revoked in this State or another
jurisdiction or whose driver's license or privilege to operate a motor
vehicle is subject to being suspended in this State or another
jurisdiction as a result of a conviction or another adjudication which
authorizes or requires the suspension or revocation of a motor
vehicle driver's license under the laws of this State, except as
otherwise provided for in this chapter;
(3) who is an habitual user of alcohol or any other drug to a
degree which prevents him from safely operating a motor vehicle;
(4) who has a mental or physical condition which prevents him
from safely operating a motor vehicle;
(5) who is required by this article to take an examination,
unless the person successfully has passed the examination;
(6) who is required under the laws of this State to provide
proof of financial responsibility and has not provided the proof;
(7) who is not a resident of South Carolina, except for persons
from other countries who are present in South Carolina on a student
visa or on a work visa or the dependents of the student or worker
who may be issued a license. However, the granting of the license
is not evidence of meeting the residency requirements of Section
59-112-20;
(8) who must not be issued a license as otherwise provided by
the laws of this State.; or
(9) who has not completed successfully a driver training
course evidenced by a certificate issued by the State Department of
Education or a driver training school licensed under Chapter 23 of
this title."
SECTION 2. 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 of age and less than sixteen
seventeen years old of age, who first has
acquired held a beginner's permit or an
instruction permit for at least three months 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.;
(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 3. This act takes effect upon approval by the
Governor.
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