Bill 1220

                    Current Status

Bill Number:               1220
Ratification Number:       783
Act Number                 662
Introducing Body:          Senate
Subject:                   Open-end permits for moving oversize
                           mobile homes,

(A662, R783, S1220)

AN ACT TO AMEND SECTION 56-5-4180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN-END PERMITS FOR MOVING OVERSIZE MOBILE HOMES, MODULAR HOME UNITS, AND UTILITY BUILDINGS, SO AS TO, AMONG OTHER THINGS, DELETE ALL THE PROVISIONS DEALING WITH THIS OPEN-END PERMIT, TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MAY ISSUE MULTIPLE TRIP PERMITS FOR THE MOVING OF OVER-DIMENSIONAL OR OVERWEIGHT NONDIVISIBLE LOADS OVER SPECIFIED STATE HIGHWAYS DETERMINED BY THE DEPARTMENT, PROVIDE FOR A FEE FOR THE PERMIT, PROVIDE FOR THE VALIDITY OF THE PERMIT, AND MAKE IT UNLAWFUL TO VIOLATE ANY PROVISION, TERMS, OR CONDITION OF THE PERMIT; TO AMEND SECTION 56-5-4200, RELATING TO OPEN-END PERMITS FOR MOVING OVERSIZE MOBILE HOMES, MODULAR HOME UNITS, AND UTILITY BUILDINGS AND TO REPORTS, FEES, AND RECORDS, SO AS TO, AMONG OTHER THINGS, PROVIDE FOR A FEE OF TEN DOLLARS A TRIP, RATHER THAN FIVE DOLLARS A TRIP; AND TO AMEND SECTION 56-5-4170, RELATING TO VEHICLES AND PERMITS FOR EXCESS SIZE AND WEIGHT OR OTHER NONCONFORMING ACTS, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL CHARGE A FEE OF TEN DOLLARS, RATHER THAN FIVE DOLLARS, FOR EACH PERMIT ISSUED.

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

Provisions deleted; new permit established; fee; unlawful act; etc.

SECTION 1. Section 56-5-4180 of the 1976 Code is amended to read:

"Section 56-5-4180. The Department may, under such terms and conditions as it considers to be in the best interest of the public for safety on the highways, issue multiple trip permits for the moving of over-dimensional or overweight nondivisible loads over specified state highways determined by the Department. The fee for the permit is fifty dollars, payable at the time of issuance, as long as a permit is purchased for each vehicle in the fleet, one hundred percent. A multiple trip permit is valid for one year from the date of issuance. To be valid, the original permit must be carried on the towing vehicle. It is unlawful for any person to violate any provision, term, or condition of the permit. The permit is subject at all times to inspection by any law enforcement officer or authorized agent of the authority issuing the permit. A multiple trip permit is void one year from the date of issue or whenever the Department is notified in writing that the permit has been lost, stolen, or destroyed."

Fee increased, etc.

SECTION 2. Section 56-5-4200 of the 1976 Code is amended to read:

"Section 56-5-4200. All persons to whom open-end permits are issued shall file with the Department on or before the twentieth day of each January, April, July, and October reports showing the number of trips made during the preceding quarter ending on December thirty-first, March thirty-first, June thirtieth, and September thirtieth, respectively, the dates of such trips, and such other information as the Department may require. The fee of ten dollars a trip, required to be paid pursuant to Section 56-3-710, must be paid to the Department with each such report filed; however, the fee for additional trips of less than twelve miles distance made under such open-end permits is one dollar a trip. Persons to whom open-end permits are issued shall maintain full and complete records of all oversize mobile homes, modular home units, or utility buildings moved, such records to be open to audit and inspection by the Department."

Fee increased

SECTION 3. Section 56-5-4170(a) of the 1976 Code is amended to read:

"(a) The Department with respect to the highways under its jurisdiction, subject to the conditions prescribed in subsection (b), may, in its discretion upon application in writing and good cause being shown therefor to the effect that it is in the public interest, issue special permits in writing authorizing the applicants to operate or move vehicles or combinations of vehicles of a size and weight of vehicle or load exceeding the maximum specified in this article or otherwise not in conformity with the provisions of this article upon any highway under the jurisdiction of the authority issuing the permit. The application for any such permit must specifically describe the vehicle and load to be operated or moved and the particular highways for which a permit so to operate is requested. Every permit must be carried in the vehicle or combination of vehicles to which it refers and must be open to inspection by any police officer or authorized agent of any authority granting the permit, and no person may violate any of the terms or conditions of the special permit. The Department shall charge a fee of ten dollars for each permit issued, and fees collected by the Department pursuant to this provision must be placed in the State highway fund and used for defraying the cost of issuing and administering the permits, and for other highway purposes."

Time effective

SECTION 4. This act takes effect one hundred twenty days after approval by the Governor.