S 1055 Session 111 (1995-1996)
S 1055 General Bill, By G. Smith, Drummond and Giese
A Bill to enact comprehensive highway safety legislation.
01/24/96 Senate Introduced and read first time SJ-6
01/24/96 Senate Referred to Committee on Transportation SJ-6
A BILL
TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO DRIVER'S
LICENSES, BY ADDING ARTICLE 15, SO AS TO PROVIDE
FOR THE GRADUATED LICENSING OF DRIVERS UNDER
THE AGE OF EIGHTEEN AND TO PROVIDE THAT A
DRIVER UNDER THE AGE OF TWENTY-ONE IS
PROHIBITED FROM DRIVING OR ATTEMPTING TO DRIVE
A MOTOR VEHICLE WITH ANY ALCOHOL
CONCENTRATION, AS DETERMINED BY AN ANALYSIS OF
THE PERSON'S BLOOD OR BREATH; TO AMEND SECTION
56-1-40, RELATING TO THE ISSUANCE OF DRIVER'S
LICENSES AND BEGINNER'S PERMITS, SO AS TO DELETE
THE PROVISION REQUIRING THAT A PERSON BE AT
LEAST SIXTEEN YEARS OF AGE TO RECEIVE A VEHICLE
DRIVER'S LICENSE OR PERMIT AND TO PROVIDE THAT
NO LICENSE RENEWAL MAY BE ISSUED TO A DRIVER
WHO IS SEVENTY-FIVE YEARS OF AGE OR OLDER
UNLESS THEY SUCCESSFULLY COMPLETE AN ACTUAL
DEMONSTRATION OF ABILITY TO EXERCISE ORDINARY
AND REASONABLE CONTROL IN THE OPERATION OF THE
TYPE MOTOR VEHICLE FOR WHICH RENEWAL OF THE
LICENSE IS SOUGHT; TO AMEND SECTION 56-1-210,
RELATING TO THE RENEWAL OF A DRIVER'S LICENSE, SO
AS TO PROVIDE THAT THE EXAMINATION REQUIRED FOR
RENEWAL OF A DRIVER'S LICENSE FOR ANY PERSON
WHO IS SEVENTY-FIVE YEARS OF AGE OR OLDER SHALL
INCLUDE AN ACTUAL DEMONSTRATION OF ABILITY TO
EXERCISE ORDINARY AND REASONABLE CONTROL IN
THE OPERATION OF THE TYPE MOTOR VEHICLE FOR
WHICH RENEWAL OF THE LICENSE IS SOUGHT; TO
AMEND SECTION 56-1-221, RELATING TO THE MEDICAL
ADVISORY BOARD, SO AS TO PROVIDE THAT THE BOARD
SHALL ASSIST THE DEPARTMENT IN DEFINING MENTAL
OR PHYSICAL DISABILITIES AFFECTING THE ABILITY OF
A PERSON TO SAFELY OPERATE A MOTOR VEHICLE AND
IN DEVELOPING CODED RESTRICTIONS TO BE PLACED
UPON DRIVERS' LICENSES OF PERSONS WHO ARE
REQUIRED TO WEAR MEDICAL IDENTIFICATION
BRACELETS WHEN OPERATING A MOTOR VEHICLE AND
TO PROVIDE THAT ANY PHYSICIAN, PERSON, OR AGENCY
HAVING KNOWLEDGE OF ANY LICENSED DRIVER'S OR
APPLICANT'S MENTAL OR PHYSICAL DISABILITY TO
DRIVE OR NEED TO OBTAIN OR TO WEAR A MEDICAL
IDENTIFICATION BRACELET IS AUTHORIZED TO REPORT
SUCH KNOWLEDGE TO THE DEPARTMENT; TO AMEND
SECTION 56-1-270, RELATING TO THE SUSPENSION,
REVOCATION OR RESTRICTION OF A DRIVER'S LICENSE
ON RE-EXAMINATION ADMINISTERED FOR GOOD CAUSE
TO BELIEVE THAT THE LICENSEE IS INCOMPETENT OR
OTHERWISE NOT QUALIFIED, SO AS AUTHORIZE A
RE-EXAMINATION WHEN A REPORT IS MADE PURSUANT
TO SECTION 56-1-221; TO AMEND SECTION 56-1-460,
RELATING TO PENALTIES FOR DRIVING WHILE LICENSE
IS CANCELED, SUSPENDED OR REVOKED, SO AS TO
REVISE THE PENALTIES; TO AMEND SECTION 56-5-2940,
RELATING TO THE PENALTY FOR DRIVING UNDER THE
INFLUENCE OF LIQUOR, DRUGS OR LIKE SUBSTANCES,
TO REVISE THE PENALTIES; TO AMEND SECTION
56-5-2945, RELATING TO CAUSING A GREAT BODILY
INJURY OR DEATH BY OPERATING VEHICLE WHILE
UNDER INFLUENCE OF DRUGS OR ALCOHOL, SO AS TO
REVISE THE PENALTIES; TO AMEND SECTION 56-5-2950,
RELATING TO THE IMPLIED CONSENT TO CHEMICAL
TESTS OF BREATH, BLOOD, AND URINE OF A PERSON
WHO OPERATES A MOTOR VEHICLE UPON THE PUBLIC
ROADS OF THIS STATE, SO AS TO PROVIDE THAT IT
MUST BE INFERRED THAT A PERSON IS UNDER THE
INFLUENCE OF ALCOHOL IF THERE WAS AT THAT TIME
EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE BY
WEIGHT OF ALCOHOL IN THE PERSON'S BLOOD, RATHER
THAN TEN ONE-HUNDREDTHS OF ONE PERCENT AND TO
INCREASE THE PENALTY FOR REFUSING TO SUBMIT TO
THE CHEMICAL BREATH TEST; TO AMEND SECTION
56-5-2990, RELATING TO THE SUSPENSION OF THE
DRIVER'S LICENSE OF A PERSON CONVICTED OF
DRIVING UNDER THE INFLUENCE, SO AS TO REVISE THE
PENALTIES; TO AMEND ARTICLE 37, CHAPTER 5, TITLE
56, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO INSPECTION OF VEHICLES, BY
ADDING SECTIONS 56-5-5445 THOUGH 56-5-5510 SO AS TO
CREATE A SYSTEM FOR THE INSPECTION OF VEHICLES,
AUTHORIZING SAFETY INSPECTIONS BY LAW
ENFORCEMENT OFFICERS FOR CAUSE, REQUIRING
ANNUAL VEHICLE INSPECTIONS FOR CERTAIN VEHICLES
REGISTERED IN THIS STATE, PROVIDING FOR THE
LICENSING OF VEHICLE INSPECTION STATIONS, AND
PROVIDING THAT AN INSPECTION STATION MAY CHARGE
A FEE OF TEN DOLLARS FOR PERFORMING AN
INSPECTION AND A FEE OF ONE DOLLAR FOR AN
INSPECTION CERTIFICATE; TO AMEND SECTION 56-5-6540,
RELATING TO ENFORCEMENT OF THE SAFETY BELT LAW,
SO AS TO DELETE THE PROVISION REQUIRING
SECONDARY ENFORCEMENT OF THE SAFETY BELT LAW;
TO AMEND SECTION 59-39-100, RELATING TO THE
ISSUANCE OF UNIFORM DIPLOMAS BY ACCREDITED
SCHOOLS, SO AS TO PROVIDE THAT A HIGH SCHOOL
STUDENT MUST SUCCESSFULLY COMPLETE A DRIVER
EDUCATION COURSE BEFORE RECEIVING A DIPLOMA; TO
AMEND SECTION 59-39-320, RELATING TO THE
AUTHORITY OF THE STATE BOARD OF EDUCATION TO
REGULATE HIGH SCHOOL DRIVER EDUCATION AND
TRAINING COURSES, SO AS TO PROVIDE THAT THE
BOARD SHALL REQUIRE A HIGH SCHOOL STUDENT TO
COMPLETE SUCCESSFULLY A DRIVER EDUCATION
COURSE BEFORE RECEIVING A DIPLOMA AND TO
PROVIDE THAT THIS COURSE SHALL COST TWENTY
DOLLARS, TO BE PAID FOR BY THE STUDENT AND THE
PROCEEDS OF WHICH MUST BE DIVIDED EQUALLY
BETWEEN THE STATE AND THE SCHOOL DISTRICT; AND
TO REPEAL SECTION 56-1-50, RELATING TO BEGINNER'S
PERMITS, AND SECTION 56-1-180, RELATING TO SPECIAL
RESTRICTED LICENSES FOR CERTAIN MINORS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 1, Title 56 of the 1976 Code is amended
by adding:
"Article 15
Graduated Driver Licensing
Section 56-1-1400. This article is known and may be cited as the
Graduated Driver Licensing Act.
Section 56-1-1410. (A) Except as provided in this section, the
department may issue a driver's license to an individual under the
age of eighteen, provided the individual:
(1) is at least sixteen years of age;
(2) has satisfactorily completed a mandatory driver's education
course through a driver's training program:
(a) licensed pursuant Section 56-23-10, or
(b) established pursuant Section 59-39-310; and
(3) has his application signed pursuant to the requirements of
Section 56-1-100.
(B) The individual shall be exempt from required instruction if
he has been licensed to drive in another state for a period not less
than six months and the exemption is justified by actual driving
experience.
(C) The department may issue a driver's license at any time to
any individual who has been licensed regularly to drive in this
State, in another state or country, or by the armed forces of the
United States, if the de[partment is satisfied that the applicant's
experience is sufficient. The department may require examination
of the applicant's driving.
Section 56-1-1420. (A) The department may issue a learner's
instructional permit to an individual who:
(1) has reached the age of fifteen years, six months; and
(2) has the application signed pursuant to the requirements of
Section 56-1-100.
(B) A learner's instructional permit expires 180 days after the
date of issuance.
(C) The holder of a learner's instructional permit may drive only
while he is accompanied by and under the immediate supervision of
an individual who:
(1) is at least twenty-one years old;
(2) has been licensed for at least three years in this State or in
another state; and
(3) unless the vehicle is a motorcycle, is seated beside the
holder of the learner's instructional permit.
(D) Any individual who is at least fifteen years old may drive a
motor vehicle on highways in the State, without obtaining a
learner's instructional permit, if:
(1) the individual is enrolled in an approved driver's education
course or a licensed driver's school;
(2) the motor vehicle is equipped with a dual brake control and
any other required equipment; and
(3) while driving the motor vehicle, the driver is under the
control and supervision of either a certified instructor or a qualified
student instructor.
Section 56-1-1430. (A) Subject to the provisions of Section
56-1-1410(A), if an applicant for a driver's license is under the age
of eighteen and is the holder of a learner's instructional permit, the
applicant is entitled to receive a provisional driver's license if the
applicant:
(1) has possessed a valid learner's instructional permit for at
least thirty days immediately prior to the date of the application;
(2) passed the examination provided for in this chapter;
(3) surrendered the learner's instructional permit issued to him;
and
(4) paid the required fee of ten dollars.
(B) A provisional driver's license shall expire upon the licensee's
reaching the age of eighteen or upon the conversion of the
provisional driver's license to a regular driver's license.
(C) The applicant for a provisional driver's license must have his
application signed pursuant the provisions set forth in Section
56-1-100. If, while the licensee is still less than eighteen years of
age, the department receives from the co-signer of the license
application of the licensee a written request that the licensee's
license be suspended, or if the co-signer dies, the department shall
suspend the license and may not reinstate the license until another
qualified adult co-signs pursuant to Section 56-1-100 or the licensee
becomes eighteen years of age.
(D) The provisional driver's license shall be distinguished from a
driver's license by a provisional symbol limiting the licensee to
driving unsupervised between the hours of 6:00 a.m. and 12:00
midnight. Between the hours of 12:00 midnight and 6:00 a.m., the
provisional driver may drive only if he is accompanied by a
licensed driver who is at least twenty-one years of age. The
restriction may be modified or waived by the department if the
restricted licensee proves to his satisfaction that the restriction
interferes or substantially interferes with:
(1) employment or the opportunity for employment;
(2) travel between the licensee's home and place of
employment or school; or
(3) travel between the licensee's home or place of employment
work and vocational training.
Section 56-1-1440. If the applicant for a driver's license is under
the age of eighteen and is the holder of a provisional driver's
license, the applicant is entitled to receive a driver's license if the
applicant:
(A) has possessed a valid provisional driver's license for the
twelve-month period immediately preceding the date of the
application for a driver's license; and
(B) has not been convicted of a traffic violation which was
committed during this period and for which points may be assessed
under this title, and has completed an approved minimum basic
training course.
Section 56-1-1450. (A) Any driver under the age of twenty-one
holding a driver's license, a provisional license, or a learner's
instructional permit is prohibited from driving or attempting to
drive a motor vehicle with any alcohol concentration as determined
by an analysis of the person's blood or breath.
(B) Any driver under the age of twenty-one in violation of
subsection (A) is subject to penalty pursuant to Section
56-5-2990."
SECTION 2. Section 56-1-40 of the 1976 Code is amended to
read:
"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 years of age. However, the
department may issue a beginner's or instruction permit as provided
in Sections 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 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 2) who is an habitual user of alcohol or any
other drug to a degree which prevents him from safely operating a
motor vehicle;
(4 3) who has a mental or physical condition
which prevents him from safely operating a motor vehicle;
(5 4) who is required by this article to take an
examination, unless the person successfully has passed the
examination;
(6 5) who is required under the laws of this
State to provide proof of financial responsibility and has not
provided the proof;
(7 6) 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 7) who must not be issued a license as
otherwise provided by the laws of this State.
(8) who is seventy-five years of age or older, unless the
person has successfully completed an actual demonstration of ability
to exercise ordinary and reasonable control in the operation of the
type of motor vehicle for which licensure or renewal is
sought."
SECTION 3. Section 56-1-210 of the 1976 Code is amended to
read:
"Section 56-1-210. Every license expires on the licensee's
birth date on the fifth calendar year after the calendar year in which
it is issued. Every license is renewable on or before its expiration
date upon application and the payment of the required fee. The
department shall require a vision test of the applicant. The vision
examination may be waived upon the submission of a certificate
from a person authorized by law to examine eyes.
No license may be renewed until the licensee is reexamined as
provided in Section 56-1-130, except that the licensee is not
required to take the road test provided in Section 56-1-130;
provided, further, that only the visual examination is required of
those persons who have no more than five points for moving traffic
violations in the two years prior to making application for
renewal; provided, further that the examination required for
renewal of a driver's license for any person who is seventy-five
years of age or older shall include an actual demonstration of ability
to exercise ordinary and reasonable control in the operation of the
type of motor vehicle for which renewal of the license is
sought. For cause shown, the Department
department may require the submission by the applicant of
evidence satisfactory to the Department department
of the applicant's mental and physical fitness to drive and his
knowledge of traffic laws and regulations. If the evidence is not
satisfactory to the Department department, the
Department department may require an examination
of the applicant as upon an original application. Parallel parking is
not required as a part of the driver test.
If a person's license expires and he is unable to renew it before
its expiration date because he is on active military duty outside this
State for a continuous period of at least thirty days immediately
before the expiration date or because he is the spouse or dependent
living for a continuous period of at least thirty days immediately
before the expiration date with a person on active military duty
outside this State, within sixty days after returning to this State, the
person may renew his license in the manner permitted by this
section as though the license had not expired. The department may
require proof from the person that he qualifies for renewal of his
license under this paragraph. Upon request, the person shall provide
the department with a copy of his military service record, a
document of his branch of military service showing the date of
active military duty outside the State, or other evidence presented
by the person showing the dates of service.
SECTION 4. Section 56-1-221 of the 1976 Code is amended by
adding a new subsection to read:
"(F)(1) For the purpose of the reports authorized by
this section, the department, assisted by the medical advisory board,
shall:
(a) define mental or physical disabilities affecting the
ability of a person to safely operate a motor vehicle;
(b) develop and keep current coded restrictions to be
placed upon drivers' licenses of persons who are required to wear
medical identification bracelets when operating a motor vehicle;
(2) Any physician, person, or agency having knowledge of
any licensed driver's or applicant's mental or physical disability to
drive or need to obtain or to wear a medical identification bracelet
is authorized to report such knowledge to the department. The
report should be made in writing giving the full name, date of birth,
address, and a description of the alleged disability of any person
over sixteen years of age having mental or physical disorders that
could affect his or her driving ability.
(3) The reports authorized by this section shall be confidential
and exempt from the provisions of the Freedom of Information Act
and shall be used solely for the purpose of determining the
qualifications of any person to operate a motor vehicle on the
highways of this State. No civil or criminal action may be brought
against any physician, person, or agency who provides the
information required herein.
(4) No report forwarded under the provisions of this section
shall be used as evidence in any civil or criminal trial or in any
court proceeding."
SECTION 5. Section 56-1-270 of the 1976 Code is amended to
read:
"Section 56-1-270. The Department of Revenue and
Taxation, having good cause to believe that a person holding a
South Carolina driver's license, including a person for whom a
report is made pursuant to Section 56-1-221, is incompetent or
otherwise not qualified to be licensed because of physical or mental
disability may, upon written notice of at least ten days to the
licensee, require him to submit to an examination, including the
examination required in Section 56-1-130. Upon the
conclusion of such examination the department shall take action as
may be appropriate and may suspend or revoke the license of such
person or permit him to retain such license or may issue a license
subject to restrictions permitted under Section 56-1-170. The
license of any person may be suspended or revoked if they refuse
or neglect to submit to such an examination."
SECTION 6. Section 56-1-460 of the 1976 Code is amended to
read:
"Section 56-1-460. Any person who drives a motor vehicle
on any public highway of this State when his license to drive is
canceled, suspended, or revoked must, upon conviction, be fined
two hundred dollars or imprisoned for thirty ninety
days for the first violation, for the second violation fined five
hundred dollars and imprisoned for sixty one
hundred-eighty consecutive days, and for the third and
subsequent violation imprisoned for not less than ninety
one hundred-eighty days nor more than six months
one year, no portion of which may be suspended by the
trial judge. The Department of Public Safety upon receiving a
record of the conviction of any person under this section upon a
charge of driving a vehicle while his license was suspended for a
definite period of time shall extend the period of the suspension for
an additional like period. If the original period of suspension has
expired or terminated before trial and conviction, the Department of
Public Safety shall again suspend the license of the person for an
additional like period of time. If the suspension is not for a definite
period of time, the suspension must be for an additional
three six months. If the license of a person cited
for a violation of this section is suspended solely pursuant to the
provisions of Section 56-25-20, then the additional period of
suspension pursuant to this section is thirty days and the person
does not have to offer proof of financial responsibility as required
under Section 56-9-500 prior to his license being reinstated. If the
conviction was upon a charge of driving while a license was
revoked, the department shall not issue a new license for an
additional period of one year two years from the
date the person could otherwise have applied for a new license.
Only those violations which occurred within a period of five years
including and immediately preceding the date of the last violation
constitute prior violations within the meaning of this section.
If the license of the person convicted was suspended pursuant to
the provisions of Section 56-5-2990, then he must be punished as
follows and no part of the minimum sentence may be suspended:
(1) for a first offense, imprisoned for not less than ten
thirty nor more than thirty ninety days;
(2) for a second offense, imprisoned for not less than
sixty ninety days nor more than six months
one year;
(3) for a third and subsequent offense, not less than six
months one year nor more than three years."
SECTION 7. Section 56-5-2940 of the 1976 Code is amended
to read:
"Section 56-5-2940. A person violating a provision of
Section 56-5-2930, upon conviction, entry of a plea of guilty or of
nolo contendere or forfeiture of bail, must be punished in
accordance with the following:
(1) By by a fine of two hundred five
hundred dollars or imprisonment for not less than
forty-eight seventy-two hours nor more than
thirty sixty days, for the first offense. However, in
lieu of the forty-eight seventy-two hour minimum
imprisonment the court may provide for forty-eight
seventy-two hours of public service employment. The
minimum forty-eight seventy-two hour
imprisonment or public service employment must be served at a
time when the person is off from work and does not interfere with
his regular employment under terms and conditions as the court
considers proper. However, the court may not compel an offender
to perform public service employment in lieu of the minimum
sentence. ;
(2) By by a fine of not less than two thousand
dollars nor more than five thousand dollars and imprisonment for
not less than forty-eight hours thirty days nor more
than one year for the second offense. However, the fine imposed by
this item may not be suspended in an amount less than one
thousand dollars. In lieu of service of imprisonment the court may
require that the individual complete an appropriate term of public
service employment of not less than ten thirty days
upon terms and conditions the court considers proper.
;
(3) By by a fine of not less than three thousand,
five hundred dollars nor more than six thousand dollars and
imprisonment for not less than sixty days six
months nor more than three years, for the third offense.
;
(4) Imprisonment imprisonment for not less
than one year two years nor more than five years
for a fourth offense or subsequent offense.
No part of the minimum sentences provided in this section must
be suspended. The court may provide instead of service other
sentences provided in this section. For a third or subsequent offense
or for a violation of Section 56-5-2945 for great bodily injury the
service of the minimum sentence is mandatory. However, the judge
may provide for the sentence to be served upon terms and
conditions as he considers proper including, but not limited to,
weekend service or nighttime service in any fashion he considers
necessary.
The fine for a first offense may not be suspended. The court is
prohibited from suspending a monetary fine below that of the next
preceding minimum monetary fine.
For the purposes of this chapter any conviction, entry of a plea of
guilty or of nolo contendere or forfeiture of bail, for the violation
of any law or ordinance of this or any other state or any
municipality of this or any other state that prohibits any person
from operating a motor vehicle while under the influence of
intoxicating liquor, drugs, or narcotics shall constitute a prior
offense for the purpose of any prosecution for any subsequent
violation hereof. Only those offenses which occurred within a
period of ten years including and immediately preceding the date of
the last offense shall constitute prior offenses within the meaning of
this section.
Upon imposition of a sentence of public service, the defendant
may apply to the Court to be allowed to perform his public service
in his county of residence if he has been sentenced to public service
in a county where he does not reside."
SECTION 8. Section 56-5-2945 of the 1976 Code is amended
to read:
"Section 56-5-2945. (A) Any person who, while under the
influence of alcohol, drugs, or the combination of alcohol and
drugs, drives a vehicle and when driving does any act forbidden by
law or neglects any duty imposed by law in the driving of the
vehicle, which act or neglect proximately causes great bodily injury
or death to any person other than himself, is guilty of a felony and
upon conviction must be punished:
(1) by a mandatory fine of not less than five thousand dollars
nor more than ten thousand dollars and mandatory imprisonment for
not less than thirty days one year nor more than
fifteen years when great bodily injury results;
(2) by a mandatory fine of not less than ten thousand dollars
nor more than twenty-five thousand dollars and mandatory
imprisonment for not less than one year five years
nor more than twenty-five years the life of the
offender when death results.
No part of the mandatory sentences required to be imposed by
this section may be suspended, and probation may not be granted
for any portion.
(B) As used in this section, `great bodily injury' means bodily
injury which creates a substantial risk of death or which causes
serious, permanent disfigurement, or protracted loss or impairment
of the function of any bodily member or organ.
The department shall suspend the driver's license of any person
who is convicted or who receives sentence upon a plea of guilty or
nolo contendere pursuant to this section for a period to include any
term of imprisonment plus three five years."
SECTION 9. Section 56-5-2950(a) of the 1976 Code is
amended to read:
"(a) A person who operates a motor vehicle in this State
is considered to have given consent to chemical tests of his breath,
blood, or urine for the purpose of determining the presence of
alcohol or drugs if arrested for an offense arising out of acts alleged
to have been committed while the person was operating a motor
vehicle while under the influence of alcohol, drugs, or a
combination of them. A test must be administered at the direction
of a law enforcement officer who has apprehended a person for
operating a motor vehicle in this State while under the influence of
alcohol, drugs, or a combination of them. At the direction of the
arresting officer the person first must be offered a breath test to
determine the alcohol concentration of his blood. If the person is
physically unable to provide an acceptable breath sample because he
has an injured mouth, is unconscious, dead, or for another reason
considered acceptable by the licensed medical personnel, a blood
sample may be taken. If the officer has reasonable grounds to
believe that the person is under the influence of drugs other than
alcohol, the officer may order that a urine sample be taken for
testing. If the breathalyzer reading is ten eight
one-hundredths of one percent by weight of alcohol in the person's
blood or above, the officer may not require additional tests of the
person as provided in this chapter. The breath test must be
administered by a person trained and certified by SLED, using
methods approved by SLED. The arresting officer may not
administer the tests. Blood and urine samples must be taken by
physicians licensed by the State Board of Medical Examiners,
registered nurses licensed by the State Board of Nursing, and other
medical personnel trained to take the samples in a licensed medical
facility. Blood samples or urine samples must be obtained and
handled in accordance with procedures approved by SLED. No
tests may be administered or samples taken unless the person has
been informed that he does not have to take the test or give the
samples but that his privilege to drive must be suspended or denied
for ninety one hundred-eighty days if he refuses to
submit to the tests. If the person has a prior suspension for
refusing to submit to the tests, his privilege to drive must be
suspended or denied for one year. A hospital, physician,
qualified technician, chemist, or registered nurse who takes the
samples or conducts the test or participates in the process of taking
the samples or conducting the test in accordance with this section is
not subject to a cause of action for assault, battery, or another cause
contending that the drawing of blood or taking samples at the
request of the arrested person or a law enforcement officer was
wrongful. This release from liability does not reduce the standard
of medical care required of the person taking the samples or
conducting the test. This qualified release also applies to the
employer of the person who conducts the test or takes the samples.
The person tested or giving samples for testing may have a
qualified person of his own choosing conduct additional tests at his
expense and must be notified of that right. A person's failure to
request additional blood or urine tests is not admissible against the
person in the criminal trial. The failure or inability of the person
tested to obtain additional tests does not preclude the admission of
evidence relating to the tests or samples taken at the direction of the
law enforcement officer.
The arresting officer shall provide reasonable assistance to the
person to contact a qualified person to conduct additional tests.
SLED shall administer the provisions of this subsection and may
make regulations necessary to carry out its provisions. The costs of
the tests administered at the direction of the law enforcement officer
must be paid from the general fund of the State.
A qualified person who obtains samples or administers the tests
or assists in obtaining samples or administration of tests at the
direction of a law enforcement officer is released from civil and
criminal liability unless the obtaining of samples or tests is
performed in a negligent manner. No person may be required by
the arresting officer, or by another law enforcement officer, to
obtain or take any sample of blood or urine."
SECTION 10. Sections 56-5-2950(b)(2) and (3) of the 1976
Code are amended to read:
"(2) If there was at that time in excess of five
one-hundredths of one percent but less than ten
eight one-hundredths of one percent by weight of alcohol
in the person's blood, that fact does not give rise to any inference
that the person was or was not under the influence of alcohol, but
that fact may be considered with other competent evidence in
determining the guilt or innocence of the person.
(3) If there was at that time ten eight
one-hundredths of one percent or more by weight of alcohol in the
person's blood, it may be inferred that the person was under the
influence of alcohol."
SECTION 11. Section 56-5-2950(d) of the 1976 Code is
amended to read:
"(d) If a person under arrest refuses, upon the request of
a law enforcement officer, to submit to chemical tests as provided
in subsection (a) of this section, none may be given, but the
department, on the basis of a report of the law enforcement officer
that the arrested person was operating a motor vehicle in this State
while under the influence of alcohol, drugs, or a combination of
them and that the person had refused to submit to the tests shall
suspend his license or permit to drive, or any nonresident operating
privilege for a period of ninety one hundred-eighty
days. If the person has a prior suspension for refusing to submit
to the tests, his privilege to drive must be suspended or denied for
one year. If the person is a resident without a license or permit
to operate a motor vehicle in this State, the department shall deny
to the person the issuance of a license or permit for a period of
ninety either one hundred-eighty days or one
year after the date of the alleged violation, as
applicable. The ninety-day one hundred eighty-day
or one-year period of suspension begins with the day after the
date of the notice required to be given, unless a hearing is requested
as provided, in which case the ninety-day one
hundred-eighty-day or one-year period begins with the day
after the date of the order sustaining the suspension or denial of
issuance. The report of the arresting officer must include what
grounds he had for believing that the arrested person had been
operating a motor vehicle in this State while under the influence of
alcohol, drugs, or a combination of them. If the arrested person
took the chemical breath test but refused to provide a blood or urine
sample, the report of the arresting officer must include what were
his grounds for believing that the arrested person was under the
influence of drugs other than alcohol. If a person who refuses,
upon the request of a law enforcement officer, to submit to
chemical tests as provided in subsection (a) of this section, pleads
guilty or nolo contendere to, or forfeits bond for a first offense
violation of Section 56-5-2930, within thirty days of arrest, the
period of the suspension of driving privileges under this section
must be canceled and any suspension of driving privileges under
Section 56-5-2990 for a first conviction may not exceed six
months."
SECTION 12. Section 56-5-2990 of the 1976 Code is amended
to read:
"Section 56-5-2990. The department shall suspend the
driver's license of any person who is convicted, receives sentence
upon a plea of guilty or of nolo contendere, or forfeits bail posted
for the violation of Section 56-5-2930 or for the violation of any
other law or ordinance of this State or of any municipality of this
State that prohibits any person from operating a motor vehicle while
under the influence of intoxicating liquor, drugs, or narcotics for
six months one year for the first conviction, plea of
guilty or of nolo contendere, or forfeiture of bail, one year
three years for the second conviction, plea of guilty or of
nolo contendere, or forfeiture of bail, two six years
for the third offense, three ten years for the fourth
offense, and a permanent revocation of the driver's license for fifth
and subsequent offenses. Only those violations which occurred
within ten years including and immediately preceding the date of
the last violation shall constitute prior violations within the meaning
of this section. Any person whose license is revoked following
conviction for a fifth offense as provided in this section is forever
barred from being issued any license by the Department of Revenue
and Taxation to operate a motor vehicle.
Any person whose license is suspended under the provisions of
this section must be notified of suspension by the department of the
requirement to be evaluated by and successfully complete an
Alcohol and Drug Safety Action Program certified by the South
Carolina Commission on Alcohol and Drug Abuse prior to
reinstatement of the license. An assessment of the degree and kind
of alcohol and drug abuse problem, if any, of the applicant must be
prepared and a plan of education or treatment or both must be
developed based upon the assessment. Entry into and successful
completion of the services, if such services are necessary,
recommended in the plan of education or treatment or both
developed for the applicant is a mandatory requirement of the
restoration of driving privileges to the applicant. The applicant
shall bear the cost of the services to be determined by the
administering agency and approved by the Commission on Alcohol
and Drug Abuse. The cost may not exceed seventy-five dollars for
assessment, one hundred twenty-five dollars for education services,
two hundred twenty-five dollars for treatment services, and three
hundred dollars in total for any and all services. No applicant may
be denied services due to an inability to pay. The applicant shall be
terminated from the Alcohol and Drug Safety Action Program no
later than six months after the date of program enrollment. If the
applicant has not successfully completed the services as directed by
the Alcohol and Drug Safety Action Program by the end of the
six-month period of enrollment, a hearing must be provided by the
administering agency and if further needed by the Commission on
Alcohol and Drug Abuse. If the applicant is unsuccessful in the
Alcohol and Drug Safety Action Program the department may
restore the privilege to operate a motor vehicle upon the
recommendation of the Medical Advisory Board as utilized by the
department if it determines public safety and welfare of the
petitioner may not be endangered.
The department and the Commission on Alcohol and Drug Abuse
shall develop procedures necessary for the communication of
information pertaining to relicensing or otherwise. Such procedures
must be consistent with the confidentiality laws of the State and the
United States. Successful completion of education, treatment
services, or both, for purposes of receiving a provisional driver's
license as stipulated in Section 56-1-1330 may be substituted in
lieu of services received under the authority of this section at the
discretion of the applicant. If the driver's license of any person is
suspended by authority of this section, no insurance company may
refuse to issue insurance to cover the remaining members of his
family, but the insurance company is not liable for any actions of
the person whose license has been suspended or who has voluntarily
turned his license in to the department or the Department of
Revenue and Taxation."
SECTION 13. Article 37, Chapter 5, Title 56 of the 1976 Code,
as last amended by Section 56A, Part II, Act 145 of 1995, is further
amended by adding:
"Section 56-5-5445. (a) Any 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 require the driver of
such vehicle to stop and submit such vehicle to an inspection and
such test with reference thereto as may be appropriate 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
vehicle for brakes, lights, horn, tires and windshield wiper, and
shall not authorize the 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 inspection
and such test, shall not be admissible in any criminal prosecution
except such as may be provided for in this article.
(b) In the event such vehicle is found to be in 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 vehicle 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 be obtained from an officer of the department within
ten days.
Section 56-5-5450. (a) No person driving a vehicle shall refuse
to submit such vehicle to an inspection and test when required to do
so by the department or an authorized officer or employee thereof.
(b) Every owner or driver, upon receiving a notice as provided
in Section 56-5-5320, shall comply therewith, and shall, within ten
days, secure an official certificate of inspection and approval from
an officer of the department which shall 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 of compliance with the provisions of this
subsection, the vehicle shall not be operated except as provided in
subsection (c) and each day upon which such vehicle is operated
over any highway of this State after failure to comply with this
section shall constitute a separate offense.
(c) No person shall operate any unsafe or dangerous vehicle
after receiving a notice with reference thereto as above provided
except as may be necessary to return such 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 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 vehicle or its
equipment is found necessary upon inspection, the owner of the
vehicle may obtain such repair or adjustment at any place he may
choose; but in every event an official certificate of inspection and
approval from an officer of the department must be obtained,
otherwise such vehicle shall not be operated upon the highways of
this State.
(e) Any person who wishes to make his own repairs may do so.
Section 56-5-5455. 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 56-5-5460. (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 vehicle which it determines is in such unsafe
condition 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 56-5-5465. Any truck with more than four wheels or a
tractor-trailer does not have to be jacked up or otherwise elevated in
order to receive the inspection required by the provisions of this
article. Any component of the inspection which can only be
accomplished by the jacking up or elevation of a truck with more
than four wheels or a tractor-trailer is hereby waived.
Section 56-5-5470. (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 ten dollars for each inspection and one dollar 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 one dollar 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:
(1) for a first offense, not less than twenty-five dollars nor
more than one hundred dollars;
(2) for a second offense, not less than fifty dollars nor more
than one hundred dollars;
(3) for a third offense, not less than one hundred dollars nor
more than two hundred dollars;
(4) for a fourth and each subsequent offense, not less than
five hundred 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 56-5-5475. 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 56-5-5480. The inspection of any vehicle under the
provisions of this article and issuance of an official certificate of
such inspection therefor shall not be construed in any courts as a
warranty of the mechanical condition of the vehicle inspected, and
no such certificate shall be offered as evidence for an exhibit in the
trial of any civil case. The failure to discover any defect in any
vehicle in the course of an inspection under the provisions of this
article shall not be made the basis of an action for damages in any
court.
Section 56-5-5485. (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 56-5-5490. 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 specific brand or type
of equipment shall be named or designated as inspection equipment,
and only standards of performance shall be set. Provided, further,
that the rules and regulations shall be so drawn 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 56-5-5495. 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 56-5-5500. 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 56-5-5505. Any 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 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, 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 56-5-5510. Any person violating the provisions of this
article shall be punished in the same manner as provided for in
Section 56-5-6190, unless otherwise provided."
SECTION 14. Section 56-5-6540 of the 1976 Code is amended
to read:
"Section 56-5-6540. (A) A person violating the provisions
of this article, upon conviction, must be fined not more than ten
dollars, all or part of which may be suspended. No court costs may
be assessed against the person convicted. No person may be fined
more than twenty dollars for any one incident of one or more
violations of the provisions of this article. No custodial arrest for a
violation of this article may be made, except upon a warrant issued
for failure to appear in court when summoned or for failure to pay
an imposed fine. A conviction for violation of this article does not
constitute a criminal offense.
(B) A law enforcement officer may not stop a driver for a
violation of this article in the absence of another violation of the
motor vehicle laws except when the stop is made in conjunction
with a driver's license check or registration check conducted at a
checkpoint established to stop all drivers on a certain road for a
period of time. A citation for a violation of this article must not be
issued without citing the violation that initially caused the officer to
effect the enforcement stop.
(C) A violation of this article does not constitute negligence
per se or contributory negligence and is not admissible as evidence
in a civil action."
SECTION 15. Section 59-39-100 of the 1976 Code is amended
to read:
"Section 59-39-100. Diplomas issued to graduates of
accredited high schools within this State must be uniform in every
respect and particularly as to color, size, lettering, and marking. The
number of units required for a state high school diploma is twenty
units as prescribed by the State Board of Education. Beginning in
the 1986-87 academic year, a minimum of 3 units must be earned
in mathematics and a minimum of 2 units must be earned in
science. Beginning in the 1998-99 academic year, a driver
education training course must be successfully completed.
One unit in computer science, if approved by the State
Department of Education for this purpose, may be counted toward
the mathematics requirement.
Students who earn one unit in science and six or more units in a
specific occupational service area will meet the science
requirements for a state high school diploma. Vocational programs
operating on a 3-2-1 structure may count prevocational education as
one of the six required units."
SECTION 16. Section 59-39-320 of the 1976 Code is amended
to read:
"Section 59-39-320. (A) The State Board of
Education shall promulgate rules and regulations for establishment
by local school districts of approved driver education and training
courses, and when duly promulgated shall have full force and effect
of law. Such regulations shall require that credit for completion of a
driver education training course shall not be given unless the course
shall have included not less than thirty classroom hours of
instruction in driver education, and not less than six hours of actual
behind-the-wheel driving, and require that a student shall
complete successfully a driver education training course before
receiving a high school diploma.
(B) A local school district must charge a student enrolled in a
driver education and training course a twenty dollar fee. One-half
of this fee must be deposited in the general fund of the State and
one-half of the fee must be retained by the local school
district."
SECTION 17. Sections 56-1-50 and 56-1-180 are repealed.
SECTION 18. This act takes effect upon approval by the
Governor.
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