H 3788 Session 110 (1993-1994)
H 3788 General Bill, By Phillips
Similar(S 560)
A Bill to amend Section 56-3-670, Code of Laws of South Carolina, 1976,
relating to the licensing of farm trucks, so as to revise the definition of
farm truck and revise certain license fees; to amend Section 56-5-4020,
relating to the exemption from size, weight, and load requirements for certain
vehicles, so as to revise the limitation on the application of the exemption
to vehicles twelve feet in width or less; to amend Section 56-5-4150, as
amended, relating to vehicle load capacity, so as to require the true unloaded
weight sign on farm trucks; to amend Section 56-5-4185, relating to permits
for cotton modular vehicles, so as to revise the requirements for the permit;
and to amend Section 56-5-4900, as amended, relating to regulations on brakes
and exceptions for farm trailers, so as to revise the exceptions for farm
trailers.
03/30/93 House Introduced, read first time, placed on calendar
without reference HJ-5
03/31/93 House Read second time HJ-12
04/01/93 House Read third time and sent to Senate HJ-125
04/06/93 Senate Introduced and read first time SJ-12
04/06/93 Senate Referred to Committee on Transportation SJ-12
Indicates Matter Stricken
Indicates New Matter
INTRODUCED
March 30, 1993
H. 3788
Introduced by REP. Phillips
S. Printed 3/30/93--H.
Read the first time March 30, 1993.
A BILL
TO AMEND SECTION 56-3-670, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE LICENSING OF FARM
TRUCKS, SO AS TO REVISE THE DEFINITION OF FARM TRUCK
AND REVISE CERTAIN LICENSE FEES; TO AMEND SECTION
56-5-4020, RELATING TO THE EXEMPTION FROM SIZE,
WEIGHT, AND LOAD REQUIREMENTS FOR CERTAIN
VEHICLES, SO AS TO REVISE THE LIMITATION ON THE
APPLICATION OF THE EXEMPTION TO VEHICLES TWELVE
FEET IN WIDTH OR LESS; TO AMEND SECTION 56-5-4150, AS
AMENDED, RELATING TO VEHICLE LOAD CAPACITY, SO AS
TO REQUIRE THE TRUE UNLOADED WEIGHT SIGN ON FARM
TRUCKS; TO AMEND SECTION 56-5-4185, RELATING TO
PERMITS FOR COTTON MODULAR VEHICLES, SO AS TO
REVISE THE REQUIREMENTS FOR THE PERMIT; AND TO
AMEND SECTION 56-5-4900, AS AMENDED, RELATING TO
REGULATIONS ON BRAKES AND EXCEPTIONS FOR FARM
TRAILERS, SO AS TO REVISE THE EXCEPTIONS FOR FARM
TRAILERS.
Whereas, the General Assembly recognizes the importance of
agriculture to the well-being of both the citizens and the economy of the
state; and
Whereas, in order for agriculture to perform at peak levels, the highway
laws should be updated to allow the modern and more efficient
agricultural equipment to safely operate on the state's highways and
roads; and
Whereas, agricultural equipment is rarely on the highways for an
extended period of time, but farmers must be able to move commodities
safely when needed. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-3-670 of the 1976 Code is amended to read:
"Section 56-3-670. (A) For the purpose of this
section `farm truck' is defined as a truck used exclusively by the owner
for agricultural, horticultural, and dairying operations or
livestock and poultry raising. However, farm trucks, with an empty
weight of less than 7,500 pounds, may be used for ordinary, domestic
purposes and general transportation, but must not be used to transport
persons or property for hire.
(B) The department shall issue to bona fide farmers special
farm vehicle licenses for farm trucks for a fee as outlined
below provided in this subsection according to the maximum
empty weight of the truck:
Empty weight of truck not to exceed License to be issued Fee
(1) 5,000 pounds: 4 ton or more:
$5.00 12.00;
(2) 7,500 pounds: 6 ton or more:
$10.00 12.00;
(3) 10,500 pounds: 8 ton or more:
$15.00;
(4) 12,500 pounds: 10 ton or more:
$30.00;
(5) 12,501 pounds and above:
(a) 15 ton or more: $60.00;
(b) 20 ton: $80.00;
(c) 25 ton: $100.00;
(d) 30 ton: $120.00.
(C) Any A person who shall certify
certifies to the department that he is a bona fide farmer
and who, is issued a farm license plate for the
purpose as defined herein in this section, and
who uses such the license plate for purposes
other than those defined shall be is guilty of a
misdemeanor and, upon conviction, shall must be
punished by a fine of fined not more than two hundred
dollars or imprisoned for not more than thirty days, or
both."
SECTION 2. Section 56-5-4020 of the 1976 Code is amended to read:
"Section 56-5-4020. (A) Except as provided in
subsection (2) of Section 56-5-4140(2), the provisions
of this article governing size, weight, and load do not apply to fire
apparatus, road machinery or implements, and products of
husbandry, including farm tractors, timber equipment, liquid
fertilizer storage facilities, and vehicles or combinations of vehicles used
to transport, store, or spread lime, nitrogen, or other soil improvement
products for agricultural purposes, moved upon the highways so
as not to damage the highways nor unduly interfere with highway traffic,
or to vehicles operated under terms of special permits issued pursuant to
the provisions of this chapter. Such The
exemptions do not apply to the provisions of Section 56-5-4230.
With regard to vehicles or combinations of vehicles used to transport,
store, or spread soil improvement products and to transport products of
husbandry exempted pursuant to this section, the owners must
shall obtain an annual permit to operate the vehicle as provided
for in Section 56-5-4170 which prescribes the specific conditions
of the exemption.
(B) For purposes of this section, `timber equipment' means
implements of silviculture including, but not limited to, machinery used
in establishing, tending, harvesting, and protecting forest crops such as
tree shears, chippers, slashers, log loaders, skidders, and fellers.
(C) None of the vehicles or devices exempted by this section
may exceed twelve feet in width, except farm implements which
may not exceed sixteen feet in width, and they may be moved only
in clear weather conditions during daylight hours.
(D) Farm implements are restricted to a twenty-mile radius of
the farm operation center and a maximum speed of twenty miles an
hour."
SECTION 3. The first paragraph of Section 56-5-4150 of the 1976
Code, as last amended by Act 498 of 1992, is further amended to read:
"The department upon registering a vehicle, under the laws of
this State, which is designed and used primarily for the transportation of
property or for the transportation of ten or more persons, may require
information and may make investigation or tests necessary to enable it
to determine whether the vehicle may be operated safely upon the
highways in accordance with all the provisions of this chapter. The
department may register the vehicle for a load capacity which, added to
the empty or unloaded weight of the vehicle, will result in a permissible
gross weight not exceeding the limitations set forth in this chapter. It is
unlawful for a person to operate a vehicle or combination of vehicles
with a load capacity in excess of that for which it is registered by the
department or in excess of the limitations set forth in this chapter. A
person making application for a `farm truck' license shall
declare, in the form prescribed by the department, the
true unloaded or empty weight of the vehicle and shall stencil or
mark in a conspicuous place on the left side of the vehicle the true
unloaded or empty weight if the unloaded or empty weight is over five
thousand pounds."
SECTION 4. The first paragraph of Section 56-5-4185 of the 1976
Code, as added by Act 35 of 1991, is amended to read:
"Notwithstanding Section 56-5-4030 or any other provision of
this chapter, the department shall issue, under terms and conditions
as in its judgment that are in the public interest for
safety on the highways, an open end or annual permit for the use
on the public highways of cotton modular vehicles. The permit must
be issued annually and it allows movement on the highways at any
time. For the purposes of this section, `cotton modular vehicle' is
defined as a single motor vehicle used only to transport seed cotton
modules, cotton, or equipment used in the transporting or processing of
cotton. This cotton modular vehicle must not exceed a width of one
hundred seven inches and must not exceed a length of forty-six
fifty feet extreme overall dimensions and inclusive of front and
rear bumpers and load. To be valid, the permit must be carried on the
vehicle, and it is unlawful for any a person to violate
any provision, term, or condition of the permit. The fee for the permit
is fifty dollars and authorizes the use of only one properly described
cotton modular vehicle. Loaded cotton modular vehicles may not
be operated on interstate highways. The department may
promulgate regulations to carry out the provisions of this section."
SECTION 5. Section 56-5-4900 of the 1976 Code, as last amended by
Act 479 of 1992, is further amended to read:
"Section 56-5-4900. Sections 56-5-4850 to 56-5-4900
56-5-4890 do not apply to trailers, not exceeding twelve
eight thousand pounds gross weight, which are pulled behind
farm tractors or trucks and used in the transportation of farm products
and articles to and from farms. These trailers may not exceed a
speed of twenty miles an hour. However, farm trailers exceeding
eight thousand pounds gross weight, excluding gooseneck-type trailers,
which are not equipped with brakes must be pulled behind farm
tractors or behind trucks rated by the manufacturer as having a load
capacity of at least one ton and having at least four wheels on the rear
axle must be pulled by tow vehicles whose empty vehicle
weight is at least one-half of the farm trailer's gross vehicle weight.
These trailers so pulled may not exceed a speed
greater than twenty of thirty miles per
an hour and may only be pulled in clear weather
conditions and when pulled by a truck, and not a tractor, must
have displayed on the rear signal lamps in accordance with Section
56-5-4730.
Two small tobacco trailers may be pulled in tandem if:
(1) the maximum trailer length of each trailer is thirteen feet six
inches;
(2) the maximum gross weight of each trailer is 3,000 pounds;
(3) the maximum speed is twenty miles an hour;
(4) within a twenty-mile radius of the operations center.
Notwithstanding any other provision of this section or of this chapter,
all farm and tobacco trailers when towed must be secured
by a pintle hook, spring-load latch, safety lock hitch pin, or equivalent
mechanism and also must be equipped with and shall have in use
safety chains secured by a spring-loaded latch or other mechanism
to ensure positive closure under loaded, operating conditions when
the trailers are used to haul farm products and articles on the roads,
streets, or highways of this State."
SECTION 6. This act takes effect upon approval by the Governor.
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