H 3608 Session 109 (1991-1992)
H 3608 General Bill, By Martin, W.S. Houck, M.F. Jaskwhich, C.V. Marchbanks,
Phillips and J. Rama
A Bill to amend Sections 56-1-40 and 56-1-180, Code of Laws of South Carolina,
1976, relating to the issuance of drivers' licenses and special restricted
licenses, so as to increase the age when a person may obtain a license from
sixteen years to seventeen years or obtain a special restricted license from
fifteen years to sixteen years.
02/27/91 House Introduced and read first time HJ-8
02/27/91 House Referred to Committee on Education and Public
Works HJ-9
04/09/91 House Tabled in committee
A BILL
TO AMEND SECTIONS 56-1-40 AND 56-1-180, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF
DRIVERS' LICENSES AND SPECIAL RESTRICTED LICENSES, SO
AS TO INCREASE THE AGE WHEN A PERSON MAY OBTAIN A
LICENSE FROM SIXTEEN YEARS TO SEVENTEEN YEARS OR
OBTAIN A SPECIAL RESTRICTED LICENSE FROM FIFTEEN
YEARS TO SIXTEEN YEARS.
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 beginner's or instruction permit as provided in
Sections 56-1-50 and 56-1-60 to any a person who is at
least fifteen 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 sixteen years old 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 or suspended or is subject to being
revoked or suspended, 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 incapable of safely driving a motor
vehicle;
(4) Any a person who has previously
has 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 any other person who may
must not be issued a license as otherwise provided by the laws
of this State."
SECTION 2. Section 56-1-180 of the 1976 Code is amended to read:
"Section 56-1-180. The department may issue a special
restricted driver's license to any a person who is at least
fifteen sixteen years old and less than sixteen
seventeen years old, who has first has acquired
a beginner's permit or an instruction permit and who has
successfully has passed such the road tests or
otherwise as the department may in its discretion prescribe,
which. This special restricted driver's license shall
be is valid and lawful 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 such a 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; provided, that commencing. However,
beginning on the day daylight saving time goes into effect through
August thirty-first the holder of such a this license
does not need not to be so accompanied
prior to 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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