South Carolina Legislature


 

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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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