S 1139 Session 110 (1993-1994)
S 1139 General Bill, By Leventis
A Bill to amend Article 37, Chapter 5, Title 56, as amended, Code of Laws of
South Carolina, 1976, relating to inspection of vehicles so as to delete
provisions relating to annual inspection of vehicles, to delete provisions for
licensing inspection stations, to provide that a vehicle that is not in proper
condition must be inspected upon notice by the Department of Public Safety, to
provide for an inspection station in each county to conduct the inspection,
and to impose an additional three dollar fee on registration of vehicles to be
remitted to the Department of Public Safety for administration and
enforcement.
02/08/94 Senate Introduced and read first time SJ-5
02/08/94 Senate Referred to Committee on Transportation SJ-5
A BILL
TO AMEND ARTICLE 37, CHAPTER 5, TITLE 56, AS AMENDED, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSPECTION
OF VEHICLES, SO AS TO DELETE PROVISIONS RELATING TO
ANNUAL INSPECTION OF VEHICLES, TO DELETE PROVISIONS FOR
LICENSING INSPECTION STATIONS, TO PROVIDE THAT A VEHICLE
THAT IS NOT IN PROPER CONDITION MUST BE INSPECTED UPON
NOTICE BY THE DEPARTMENT OF PUBLIC SAFETY, TO PROVIDE
FOR AN INSPECTION STATION IN EACH COUNTY TO CONDUCT THE
INSPECTION, AND TO IMPOSE AN ADDITIONAL THREE DOLLAR
FEE ON REGISTRATION OF VEHICLES TO BE REMITTED TO THE
DEPARTMENT OF PUBLIC SAFETY FOR ADMINISTRATION AND
ENFORCEMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 37, Chapter 5, Title 56 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Article 37
Inspection of Vehicles
Section 56-5-5310. No It is unlawful for a person
shall to drive or move on any highway any
a vehicle on the highway unless the equipment
thereon on the vehicle is in good working order and
adjustment as required in this chapter and the vehicle is in such
a safe mechanical condition so as not to endanger the
driver, or other occupant, or any
a person upon the highway.
Section 56-5-5320. (a) Any An officer of the
department authorized to administer or enforce the motor vehicle laws of
the State, may at any time upon reasonable cause to
believe that a vehicle is unsafe, or not equipped as
required by law, or that its equipment is not in proper adjustment
or repair, may require the driver of such
the vehicle to stop and submit such the vehicle
to an inspection and such test with reference thereto as may be
appropriate testing to determine that such vehicle and
equipment are in safe operating conditions and that they comply with the
requirements of this chapter. Such authority, however, shall be
limited to The inspection of such the vehicle
for is limited to brakes, lights, horn, tires, and
windshield wiper wipers, and shall not
authorize the a search of the vehicle or the occupants
thereof for any other purpose without due process of law.
Evidence of the commission of an unlawful act, procured by such
the inspection and such test, shall is not
be admissible in any a criminal prosecution
except such as may be provided for in this article.
(b) In the event such the vehicle is found to be in
an unsafe condition, or any required part or equipment is not
present or is not in proper repair and adjustment, the officer shall
give a written notice to the driver and shall send a copy to the
department. The notice shall require that such the vehicle
must be placed in safe condition and its equipment in proper repair
and adjustment, specifying the particulars with reference thereto,
and that a certificate of inspection and approval must be obtained
from an officer of the department within ten days.
Section 56-5-5330. (A) No person driving a vehicle shall refuse to
submit such the vehicle to an inspection and test when
required to do so by the department, or an authorized
officer, or employee thereof.
(B) Every An owner or a driver, upon
receiving a notice as provided in Section 56-5-5320, shall comply
therewith, and shall, within ten days, shall comply with the notice
and secure an official certificate of inspection and approval from an
officer of the department. which shall The certificate
must be issued in triplicate, one copy to be retained by the owner, one
copy to be retained by the inspecting officer, and the other copy to be
forwarded to the department. In lieu Instead of compliance
with the provisions of this subsection section, the vehicle
shall must not be operated except as provided in
subsection (C). and Each day upon which such
the vehicle is operated over any on a highway of
this State after failure to comply with this section shall constitute
constitutes a separate offense.
(C) No person shall operate any an unsafe or
dangerous vehicle after receiving a notice with reference thereto as
above provided except as may be necessary to return
such the vehicle to the residence or place of business of
the owner or driver, at the discretion of the officer, or to a garage or
service station, until such the vehicle and its equipment
has been placed in proper repair and adjustment and otherwise made to
conform to the requirements of Article 35 of this chapter.
(D) In the event repair or adjustment of any a vehicle
or its equipment is found necessary upon inspection needs
repair or adjustment, the owner of the vehicle may obtain
such the repair or adjustment at any place he may
choose chooses; but in every event an official
certificate of inspection and approval from an officer of the department
must be obtained, otherwise such the vehicle shall
must not be operated upon the highways of this State.
(E) Any A person who wishes to may
make his own repairs may do so.
Section 56-5-5340. The Department of Revenue and Taxation shall
not register a used vehicle for the first time unless the application therefor
is accompanied by a copy of a certificate of inspection as provided for in
this article and made out in the name of the new owner. The limitations of
inspection, conditions of repair and use of defective vehicles provided for
in this article shall apply to such a used vehicle.
Section 56-5-5350. (a) The department shall require that every
vehicle registered in this State, except house trailers, shall be inspected at
least once a year and have displayed at all times a department-approved
certificate of inspection and approval in a practical location specified by
the department. No person shall drive or move on any highway any vehicle,
except house trailers, unless there shall be in effect and properly displayed
thereon a current certificate of inspection.
(b) Such inspection shall be made of every such vehicle and such
certificates obtained with respect to the mechanism, lights, tires, brakes,
and equipment of such vehicle as shall be designated by the department.
(c) The Department of Revenue and Taxation may accept a certificate
of inspection and approval issued by a qualified agency or department of
another state and shall except from the provisions of this article all
vehicles subject to the United States Department of Transportation federal
motor carrier safety regulations.
(d) The Department of Revenue and Taxation shall suspend the
registration of any a vehicle which it determines is in
such an unsafe condition so as to constitute a
menace to safety and which, after notice and demand, is
not equipped, as required in this article, and for which a
required certificate has not been obtained.
(e) The Department of Revenue and Taxation, before registering and
titling a vehicle, shall require that the application therefor be accompanied
by an official certificate of inspection and approval issued for the vehicle
by an inspection station licensed to inspect vehicles in this State.
(f) No motor vehicle shall be sold in South Carolina without having a
valid South Carolina inspection stamp affixed before delivery to the buyer.
Section 56-5-5360. (a) The department shall designate and
approve official inspection stations and is authorized to issue annual
permits therefor upon application therefor and payment of the required fee.
Motor fleet inspection stations, licensed under this article, shall not be
required to inspect vehicles for the general public. The department shall
furnish instructions and all necessary forms to official inspection stations
for the inspection of vehicles as herein required in the issuance of official
certificates of inspection and approval.
(b) Application for license must be made on an official form and must
be granted only when the department is satisfied that the station is properly
equipped and has competent personnel to make the inspections and will be
properly conducted. A fee of ten dollars must be charged for every official
inspection station permit issued, or a renewal thereof; provided, that no fee
may be charged to official inspection stations of the state, county, or other
political subdivision for garages maintained for the upkeep and
maintenance of public-owned vehicles. Any garage or station being refused
the right to issue certificates of inspection upon request must be granted
a hearing by the department.
(c) The official inspection stations shall issue a certificate of
inspection and approval upon an official form to the owner of a vehicle
upon inspecting such vehicle and determining that its equipment required
under the provisions of this article is in good condition and proper
adjustment, otherwise no certificate shall be issued. When required by the
department records and reports shall be made of every inspection and every
certificate to be issued.
(d) Official inspection stations may charge a fee of not more than two
dollars and fifty cents for each inspection and fifty cents for the issuance
of inspection certificates. Provided, that if any vehicle does not pass
inspection at any station and is taken to another place to have such defect
corrected, the fee shall not be charged again provided the motor vehicle is
taken to the station which originally made the inspection. Inspection forms
shall be prepared by the department and furnished to inspection stations at
a cost of fifty cents each.
(e) The department shall properly supervise and cause inspections to
be made of the stations' and vehicle inspectors' performance and may, after
reasonable notice, suspend or revoke and require the surrender of the
license issued to a station and the permit issued to a vehicle inspector
which it finds is not properly equipped or conducted. The department shall
maintain and post at its office, lists of all stations issued licenses and
vehicle inspectors issued permits and of those licenses and permits that
have been suspended or revoked.
Monetary penalties which may be imposed separately upon a vehicle
inspection station or a vehicle inspector in lieu of suspension or revocation
are as follows:
For a first offense Not less than twenty-five dollars nor more
than one hundred dollars
For a second offense Not less than fifty dollars nor more than one
hundred dollars
For a third offense Not less than one hundred dollars nor more
than two hundred dollars
For a fourth and each Not less than five hundred subsequent offense
dollars nor more than two thousand dollars
(f) Official inspection stations and vehicle inspectors whose licenses
or permits are suspended or revoked under the provisions of this section
may request in writing a hearing and upon receipt of the request the
department shall schedule a hearing pursuant to the Administration
Procedures Act. The hearing must be in the county where the permittee
resides unless the department and the licensee or permittee agree that the
hearing may be held in some other county. The review may be held by a
duly authorized agent of the department. Upon the hearing the department
shall either rescind its order of suspension or revocation or, good cause
appearing, may continue, modify, or extend the suspension or revocation
order of the licensee or permittee. The department may impose a monetary
penalty against the inspection station and the vehicle inspector in lieu of
suspension or revocation. Failure to pay the monetary penalty shall result
in suspension or revocation of the license of the inspection station or
permit of the vehicle inspector.
Any inspection station whose agents and employees falsely or
fraudulently specify work to be done or parts to be installed shall, in
addition to suspension or revocation of its license, be fined the sum of one
hundred dollars and the cost of any labor or parts unnecessarily done or
installed must be refunded to the vehicle owner.
(g) All such fees collected by the department shall be credited to the
state general fund.
Section 56-5-5370. No person shall in any manner represent any place
as an official inspection station or issue a certificate of inspection unless
it is licensed and operating under a valid permit as provided for in this
article.
Section 56-5-5380. The inspection of any a vehicle
under the provisions of this article and issuance of an official certificate
of such inspection therefor shall must not be
construed in any courts as a warranty of the mechanical condition of the
vehicle inspected, and no such. A certificate
shall must not be offered as evidence for an exhibit in the
trial of any a civil case. The failure to discover any
a defect in any a vehicle in the course of an
inspection under the provisions of this article shall must
not be made the basis of an action for damages in any court.
Section 56-5-5390. (a) No person shall make, or knowingly use or
knowingly give or sell to any other person, any imitation or counterfeit of
an official certificate of inspection.
(b) No person shall display, or cause or permit to be displayed upon any
vehicle, or give or sell to any other person, any certificate of inspection
knowing it to be fictitious or issued for another vehicle or issued without
a complete inspection complying with the regulations established by the
Department having been made.
(c) No person shall knowingly possess any imitation or counterfeit of
an official certificate of inspection nor shall any person knowingly possess
any official certificate of inspection which was not properly issued by the
Department to such person or an official vehicle inspection station by
which such person is employed, or which was not properly issued to such
person by an official vehicle inspection station.
(d) Any person violating provisions of this section shall be deemed
guilty of a misdemeanor and, upon conviction, shall be punished as follows:
(1) By a fine of not less than fifty dollars nor more than one hundred
dollars or imprisonment for not more than thirty days, for the first offense;
(2) By a fine of not less than one hundred dollars nor more than two
hundred dollars or imprisonment for not less than ten days nor more than
thirty days, for the second offense;
(3) By a fine of not less than five hundred dollars nor more than two
thousand dollars or imprisonment for not less than thirty days nor more
than six months, or both, for the third offense;
(4) By a fine of not less than two thousand dollars nor more than ten
thousand dollars or imprisonment for not less than ninety days nor more
than two years, or both, for the fourth and any subsequent offenses.
For the purposes of this section, the mishandling of each certificate of
inspection constitutes a separate offense. Such penalties are in addition to
the administrative penalties which may otherwise be imposed by the
Department.
Section 56-5-5400. The department and the Department of Revenue and
Taxation is authorized to promulgate rules and regulations for the
administration and enforcement of this article; provided, that in the
rules and regulations no. The regulations must not name or
designate a specific brand or type of equipment shall be named or
designated as inspection equipment, and only standards of performance
shall must be set. Provided, further, that the rules
and The regulations shall must be so
drawn so as not to provide a monopoly of one make of equipment.
When these rules and regulations are duly promulgated
they shall have the full force and effect of law.
Section 56-5-5410. In addition to the fees collected pursuant to
Chapter 3 of this title for registration of motor vehicles, the Department
of Revenue and Taxation shall collect three dollars to be remitted to the
Department of Public Safety for the purpose of administering and
enforcing the provisions of this article,. The Department
of Public Safety may hire necessary and qualified personnel and purchase
the necessary equipment and vehicles.
Section 56-5-5420. On the recommendation of the county legislative
delegation, the Department of Public Safety shall maintain at the county
highway maintenance shop in each county an inspection station and shall
inspect and issue certificates at such shop at the same cost to the motor
vehicle owner as is charged by private garages, provided, that.
If it is not feasible to use the maintenance shop, then some other
suitable existing facility in the county may be used. Provided, the above
shall apply when there are less than five licensed inspection stations in a
county.
Provided, that any owner of a motor vehicle may file a complaint,
after his vehicle has been inspected by an official inspection station, either
before or after repairs have been made as required by the inspection, with
the department, and the department shall forthwith investigate such
complaint and may revoke or suspend the license of any official inspection
station found to be improperly conducted and may require the refund to the
owner of the inspection fee, if it is determined that the complaint was
justified.
Section 56-5-5430. Any A person whose registration
has been suspended or any official inspection station or mechanic
whose license has been suspended or revoked under the provisions of
Sections Section 56-5-5350 to 56-5-5440,
may, within ten days after notice of suspension or within ten
days after notice of the result of the review, if such review is requested and
held, may apply to the resident or presiding circuit judge of
the circuit in which the person or station is located, or any other
court of competent jurisdiction in which the person or station is
located, either at chambers or open court, for a review upon the record,
certified to by the Director of the Department of Public Safety, to
determine if the action taken by the department is lawful and in accordance
with the provisions of Sections 56-5-5350 to 56-5-5440.
Section 56-5-5440. Any A person violating
who violates the provisions of this article shall
must be punished in the same manner as provided
for in Section 56-5-6190, unless otherwise provided.
Section 56-5-5670. (a) Any demolisher who purchases or
otherwise acquires a vehicle for purposes of wrecking, dismantling or
demolition shall not be required to obtain a certificate of title for such
vehicle in his own name. After the vehicle has been demolished,
processed, or changed so that it physically is no longer a motor vehicle, the
demolisher shall surrender for cancellation the certificate of title or
auction sales receipt or disposal authority certificate. The Department of
Revenue and Taxation shall issue such forms, rules and regulations
governing the surrender of auction sales receipts, disposal authority
certificates, and certificates of title as are appropriate.
(b) A demolisher shall keep an accurate and complete record of all
abandoned motor vehicles purchased or received by him in the course of
his business. These records shall contain the name and address of the
person from whom each vehicle was purchased or received and the date
when such purchases or receipts occurred. The records shall be open for
inspection by any police officer at any time during normal business hours.
Any record required by this section shall be kept by the demolisher for at
least one year after the transaction to which it applies."
SECTION 2. This act takes effect upon approval by the Governor.
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