H 4890 General Bill, By Limehouse, R.C. Fulmer, R.J. Herdklotz, M.F. Jaskwhich, 
Robinson and Tripp
 A Bill to amend Section 56-1-40, as amended, Code of Laws of South Carolina,
 1976, relating to an individual who may not be licensed or have his license
 renewed, so as to increase the minimum age required to obtain a motor vehicle
 driver's license and a special restricted driver's license and to prohibit
 issuance or renewal of a driver's license of an individual who has not
 successfully completed a driver's education course; to amend Section 56-1-180,
 as amended, relating to special restricted driver's licenses for certain
 minors, so as to provide that a special restricted driver's license may be
 issued to a person who is at least fifteen years old and less than seventeen
 years old.

   04/10/96  House  Introduced and read first time HJ-11
   04/10/96  House  Referred to Committee on Education and Public
                     Works HJ-11

A BILL

TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INDIVIDUAL WHO MAY NOT BE LICENSED OR HAVE HIS LICENSE RENEWED, SO AS TO INCREASE THE MINIMUM AGE REQUIRED TO OBTAIN A MOTOR VEHICLE DRIVER'S LICENSE AND A SPECIAL RESTRICTED DRIVER'S LICENSE AND TO PROHIBIT ISSUANCE OR RENEWAL OF A DRIVER'S LICENSE OF AN INDIVIDUAL WHO HAS NOT SUCCESSFULLY COMPLETED A DRIVER'S EDUCATION COURSE; TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO SPECIAL RESTRICTED DRIVER'S LICENSES FOR CERTAIN MINORS, SO AS TO PROVIDE THAT A SPECIAL RESTRICTED DRIVER'S LICENSE MAY BE ISSUED TO A PERSON WHO IS AT LEAST FIFTEEN YEARS OLD AND LESS THAN SEVENTEEN YEARS OLD.

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 Part II, Section 121D of 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 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 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 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;

(9) who has not successfully completed a driver's education course."

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 and less than sixteen seventeen 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.;

(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.