Bill 588

                    Current Status

Bill Number:               588
Ratification Number:       442
Act Number                 385
Introducing Body:          Senate
Subject:                   Relating to registration and licensing
                           of  motor vehicles

(A385, R442, S588)

AN ACT TO AMEND SECTIONS 56-3-20, 56-3-240, 56-19-10, 56-19-240 AND 56-19-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND LICENSING OF AND THE ISSUANCE OF CERTIFICATES OF TITLE TO MOTOR VEHICLES, SO AS TO PROVIDE FOR THE DEFINITION OF THE TERMS "ODOMETER", "ODOMETER READING" AND "ODOMETER DISCLOSURE STATEMENT"; TO REQUIRE THAT INFORMATION RELATING TO THE ODOMETER READING BE CONTAINED IN THE APPLICATION FOR A CERTIFICATE OF TITLE TO AND TO THE APPLICATION FOR REGISTRATION OF MOTOR VEHICLES; TO PROVIDE FOR THE INFORMATION WHICH SHALL BE CONTAINED IN APPLICATIONS FOR AND IN THE CERTIFICATE OF TITLE ISSUED FOR MOTOR VEHICLES; TO PROVIDE A FEE FOR ODOMETER READINGS OR INFORMATION; AND TO PROVIDE PENALTIES FOR THE VIOLATIONS.

Be it enacted by the General Assembly of the State of South Carolina:

Definitions

Section 1. Section 56-3-20 of the 1976 Code is amended by striking "and" at the end of item (25), by striking the period at the end of item (26) and inserting a semicolon and by adding at the end:

"(27) 'Odometer:' An instrument for measuring and recording the actual distance a motor vehicle travels while in operation; but shall not include any auxiliary instrument designed to be reset by the operator of the motor vehicle for the purpose of recording the distance traveled on trips;

(28) 'Odometer reading:' Actual cumulative distance traveled disclosed on the odometer;

(29) 'Odometer disclosure statement:' A statement, as prescribed by item (4) of Section 56-3-240, certified by the owner of the motor vehicle to the transferee or to the Department as to the odometer reading."

Odometer disclosure statement

Section 2. Section 56-3-240 of the 1976 Code is amended by striking "and" after item (2); by striking the period at the end of item (3) and inserting a semicolon and by adding at the end:

"(4) In addition to the information required by item (2), whenever the application is for a motor vehicle which has been transferred from a previous registrant to the applicant, the applicant will complete the odometer disclosure statement on the application which shall read:

'I certify that the odometer reading is ___________

miles/kilometers (indicate one).

Check one only:

________ To the best of my knowledge, the odometer reading stated reflects the actual cumulative distance traveled by the vehicle described herein.

_______ The odometer reading stated is in excess of 99,999.

_______ The odometer reading stated does not reflect the actual cumulative distance traveled.

Under the terms of the Federal Motor Vehicle Information and Cost Savings Act and applicable state law, incorrect information may result in civil liability and civil or criminal penalties.'"

Definitions

Section 3. Section 56-19-10 of the 1976 Code is amended by adding at the end:

"(41) 'Odometer:' An instrument for measuring and recording the actual distance a motor vehicle travels while in operation; but shall not include any auxiliary instrument designed to be reset by the operator of the motor vehicle for the purpose of recording the distance traveled on trips;

(42) 'Odometer reading:' Actual cumulative distance traveled disclosed on the odometer;

(43) 'Odometer disclosure statement:' A statement, as prescribed by item (d) of subsection (1) of Section 56-19-240, certified by the owner of the motor vehicle to the transferee or to the Department as to the odometer reading."

Information in application for certificate of title

Section 4. Section 56-19-240 of the 1976 Code is amended to read:

"Section 56-19-240. (1) An application for a certificate of title for a vehicle in this State shall be made by the owner to the Department on the form it prescribes and shall contain or be accompanied by:

(a) the name and residence and mailing address of the owner;

(b) a description of the vehicle, including, so far as the following data exists, its make, model, year, vehicle identification number, type of body, the number of cylinders, odometer reading at the time of application, and whether new or used;

(c) the date of acquisition by applicant, the name and address of the person from whom the vehicle was acquired and the names and addresses of any lienholders in the order of their priority and the amounts and the dates of their security agreements;

(d) an odometer disclosure statement made by the transferor of the vehicle and acknowledged by the transferee. The statement shall read:

'I certify that the odometer reading is________________

miles/kilometers (indicate one).

Check one only:

__________ To the best of my knowledge, the odometer reading stated reflects the actual cumulative distance traveled by the vehicle described herein.

__________ The odometer reading stated is in excess of 99,999.

__________ The odometer reading stated does not reflect the actual cumulative distance traveled.

Under the terms of the Federal Motor Vehicle Information and Cost Savings Act and applicable state law, incorrect information may result in civil liability and civil or criminal penalties.'

The transferor may complete the odometer disclosure statement on either a notorized bill of sale, which shall be in a form approved by the Department, or on the previous certificate of title; provided, however, that where more than one transfer has intervened between the previous certificate of title and the application for a new certificate of title, there shall be, for each intervening transfer, a notorized bill of sale which shall be in a form approved by the Department, including a completed odometer disclosure statement. Additionally, the odometer disclosure statement on the application form must be completed by the applicant;

(e) any further information or documentation the Department reasonably requires to enable it to determine: the identity of the vehicle, whether the owner is entitled to a certificate of title, the existence or nonexistence of security interests in the vehicle, and the accuracy of the odometer disclosure statement;

(2) If the application is not for the first certificate of title, it shall be accompanied by the last certificate of title previously issued for the vehicle, whether issued by this State or another state or country.

(3) If the application refers to a vehicle purchased from a dealer, it shall contain the name and address of any lienholder holding

security interest created or reserved at the time of the sale and the date of his security agreement and be signed by the dealer as well as the owner, and the dealer shall promptly mail or deliver the application to the Department. If the application refers to a new vehicle purchased from a dealer, the application shall also be accompanied by the manufacturer's certificate of origin.

(4) Any person who knowingly gives a false statement on the application or knowingly gives a false statement concerning the odometer reading on an odometer disclosure statement shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of up to one thousand dollars or imprisonment of up to one year, or both, at the discretion of the court. These penalties shall be in addition to the penalties provided by the federal odometer law (Subchapter IV of Chapter 46 of Title 15 of the United States Code--15 U.S.C.Sections 1981-1991)."

Description of vehicle to be included in description

Section 5. Item (5) of Section 56-19-290 of the 1976 Code is amended to read:

"(5) A description of the vehicle including, so far as the following data exists: its make, model, vehicle identification number, odometer reading at the time of application, and type of body;".

Fee

Section 6. The Department of Highways and Public Transportation shall be authorized to charge a fee of three dollars for furnishing the odometer reading or other odometer information concerning a particular vehicle to a requesting party.

Time effective

Section 7. This act shall take effect January 1, 1981.