South Carolina General Assembly
107th Session, 1987-1988

Bill 704


                    Current Status

Bill Number:               704
Ratification Number:       603
Act Number                 532
Introducing Body:          Senate
Subject:                   Removal of license restrictions
                           postponed
View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A532, R603, S704)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-185 SO ASTO PROVIDE THAT ANY PERSON WHILE OPERATING A MOTOR VEHICLE UNDER A SPECIAL RESTRICTED DRIVER'S LICENSE WHO IS CONVICTED OF A POINT-ASSESSABLE TRAFFIC OFFENSE OR INVOLVED IN AN ACCIDENT IN WHICH HE WAS AT FAULT SHALL HAVE THE REMOVAL OF THE RESTRICTIONS POSTPONED FOR A CERTAIN PERIOD DURING WHICH THE LICENSEE MUST BE FREE OF ANY TRAFFIC CONVICTIONS; TO AMEND SECTION 56-1-440, RELATING TO PENALTIES FOR DRIVING WITHOUT A LICENSE, SO AS TO CHANGE THE MONETARY PENALTY FOR A FIRST OFFENSE FROM A FINE OF NOT LESS THAN TWENTY-FIVE DOLLARS NOR MORE THAN FIFTY DOLLARS TO A FINE OF NOT LESS THAN FIFTY DOLLARS NOR MORE THAN ONE HUNDRED DOLLARS, TO PROVIDE THAT FOR A SECOND OFFENSE THE PENALTY IS A FINE OF FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR FORTY-FIVE DAYS, OR BOTH, AND TO PROVIDE THAT FOR A THIRD AND SUBSEQUENT OFFENSE THE PENALTY IS IMPRISONMENT FOR NOT LESS THAN FORTY-FIVE DAYS NOR MORE THAN SIX MONTHS; TO AMEND SECTION 56-1-1030, RELATING TO THE REQUIREMENT THAT CONVICTION RECORDS OF HABITUAL OFFENDERS BE SUBMITTED TO THE SOLICITOR OR ATTORNEY GENERAL, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT WHEN ANY PERSON IS CONVICTED OF ONE OR MORE CERTAIN OFFENSES LISTED IN SECTION 56-1-1020, THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL REVIEW ITS RECORDS FOR THAT PERSON, WITH POSSIBLE INSTITUTION OF AGENCY PROCEEDINGS, TO REVOKE OR SUSPEND THE PERSON'S DRIVER'S LICENSE; TO AMEND SECTION 56-1-1090, RELATING TO THE PROVISION THAT HABITUAL OFFENDERS MAY NOT BE ISSUED A DRIVER'S LICENSE, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE PERIOD OF NONISSUANCE FOR AN HABITUAL OFFENDER AND PROHIBITION TO OPERATE A MOTOR VEHICLE IN THIS STATE FOR A NONRESIDENT HABITUAL OFFENDER IS FOR A PERIOD OF FIVE YEARS FROM THE DATE OF A FINAL DECISION BY THE DEPARTMENT THAT A PERSON IS AN HABITUAL OFFENDER AND IF UPON APPEAL THE FINDING IS SUSTAINED BY A COURT, RATHER THAN FOR FIVE YEARS FROM THE DATE OF THE ORDER OF THE COURT FINDING THE PERSON TO BE AN HABITUAL OFFENDER, AND TO TRANSFER CERTAIN DUTIES AND POWERS FROM THE COURT TO THE DEPARTMENT; TO AMEND SECTION 56-1-1100, RELATING TO HABITUAL OFFENDERS AND PENALTIES, SO AS TO, AMONG OTHER THINGS, TRANSFER CERTAIN DUTIES AND POWERS FROM THE COURT TO THE DEPARTMENT, AND TO DELETE CERTAIN PROVISIONS; TO AMEND SECTION 56-1-720, RELATING TO THE POINT SYSTEM AND THE SCHEDULE OF POINTS FOR VIOLATIONS, SO AS TO MAKE CERTAIN CHANGES WITH RESPECT TO THE VIOLATION OF DRIVING TOO FAST FOR CONDITIONS OR SPEEDING, AND TO ADD THE VIOLATION OF IMPROPER BACKING; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO GENERAL RULES AS TO MAXIMUM SPEED LIMITS, SO AS TO, AMONG OTHER THINGS, CHANGE THE VARIOUS PENALTIES IMPOSED, PROVIDE THAT FIVE DOLLARS OF CERTAIN FINES LISTED IN THIS SECTION MUST BE CREDITED TO THE STATE HIGHWAY FUND, AND PROVIDE THAT, IN EXPENDING THE FUNDS CREDITED TO THE STATE HIGHWAY FUND UNDER PART OF THIS SECTION, THE DEPARTMENT FIRST SHALL CONSIDER THE NEED FOR ADDITIONAL HIGHWAY PATROLMEN; TO AMEND SECTION 56-5-2940, RELATING TO THE PENALTY FOR DUI, SO AS TO, AMONG OTHER THINGS, PROVIDE FOR A FINE OF NOT LESS THAN TWO THOUSAND DOLLARS NOR MORE THAN FIVE THOUSAND DOLLARS FOR A SECOND OFFENSE, RATHER THAN A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS, PROVIDE THAT THIS FINE MAY NOT BE SUSPENDED IN AN AMOUNT LESS THAN ONE THOUSAND DOLLARS AND OF THAT AMOUNT TWO HUNDRED FIFTY DOLLARS MUST BE REMITTED TO THE VICTIM'S COMPENSATION FUND, CHANGE THE FINE FOR A THIRD OFFENSE, PROVIDE FOR A PENALTY OF IMPRISONMENT FOR NOT LESS THAN ONE YEAR NOR MORE THAN FIVE YEARS FOR A FOURTH OR SUBSEQUENT OFFENSE, AND PROVIDE THAT ONLY THOSE OFFENSES WHICH OCCURRED WITHIN A PERIOD OF TEN, RATHER THAN FIVE, YEARS INCLUDING AND IMMEDIATELY PRECEDING THE DATE OF THE LAST OFFENSE SHALL CONSTITUTE PRIOR OFFENSES WITHIN THE MEANING OF THIS SECTION; TO AMEND SECTION 56-5-4100, RELATING TO SPILLING LOADS ON HIGHWAYS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT TRUCKS, TRAILERS, OR OTHER VEHICLES, WHEN LOADED WITH CERTAIN ITEMS WHICH COULD BLOW, LEAK, SIFT, OR DROP, MUST NOT BE DRIVEN OR MOVED ON ANY HIGHWAY EXCEPT UNDER CERTAIN CONDITIONS, THAT THE LOADER OF THE VEHICLE AND THE DRIVER SHALL SWEEP OR OTHERWISE REMOVE ANY LOOSE GRAVEL OR SIMILAR MATERIAL FROM THE RUNNING BOARDS, FENDERS, BUMPERS, OR OTHER SIMILAR EXTERIOR PORTIONS OF THE VEHICLE BEFORE IT IS MOVED ON A PUBLIC HIGHWAY, AND THAT ANY PERSON WHO VIOLATES CERTAIN PROVISIONS OF THIS SECTION IS GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, MUST BE FINED ONE HUNDRED DOLLARS; TO AMEND SECTION 56-5-4450, RELATING TO THE TIMES WHEN VEHICLES MUST BE EQUIPPED WITH LIGHTS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT EVERY VEHICLE UPON A STREET OR HIGHWAY, RATHER THAN JUST A HIGHWAY, SHALL DISPLAY LIGHTED LAMPS AND ILLUMINATING DEVICES, EXCLUDING PARKING LIGHTS, FROM A HALF HOUR AFTER SUNSET TO A HALF HOUR BEFORE SUNRISE AND AT ANY OTHER TIME WHEN WINDSHIELD WIPERS ARE IN USE AS A RESULT OF RAIN, SLEET, OR SNOW OR WHEN INCLEMENT WEATHER OR ENVIRONMENTAL FACTORS SEVERELY REDUCE THE ABILITY TO CLEARLY DISCERN PERSONS AND VEHICLES, THAT A WARNING TICKET MAY BE ISSUED UNDER CERTAIN CIRCUMSTANCES, AND THAT A VIOLATION OF THIS SECTION IS A MISDEMEANOR CARRYING A FINE UP TO TWENTY-FIVE DOLLARS; TO AMEND SECTION 56-5-5015, RELATING TO THE REQUIREMENT THAT GLASS ON MOTOR VEHICLES IS TO BE TRANSPARENT FROM BOTH SIDES, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT NO PERSON MAY OPERATE A MOTOR VEHICLE THAT IS REQUIRED TO BE REGISTERED IN THIS STATE ON ANY PUBLIC HIGHWAY, ROAD, OR STREET THAT HAS A SUNSCREEN DEVICE ON THE WINDSHIELD, THE FRONT SIDE WINGS, AND SIDE WINDOWS ADJACENT TO THE RIGHT AND LEFT OF THE DRIVER AND WINDOWS TO THE REAR OF THE DRIVER THAT DO NOT MEET THE REQUIREMENTS OF THIS SECTION, AND TO MAKE IT A MISDEMEANOR OFFENSE TO VIOLATE THE PROVISIONS OF THIS SECTION AND PROVIDE PENALTIES; TO PROVIDE THAT SECTION 56-5-5015 APPLIES TO ALL VEHICLES MANUFACTURED AFTER THE EFFECTIVE DATE OF THIS ACT AND THAT SECTION 56-5-5015 APPLIES TO ALL OTHER VEHICLES THREE YEARS FROM THE EFFECTIVE DATE OF THIS ACT; TO AMEND SECTION 56-5-750, RELATING TO FAILURE TO STOP MOTOR VEHICLE WHEN SIGNALED BY A LAW ENFORCEMENT VEHICLE, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ANY MOTORIST WHO WILFULLY FAILS TO STOP WHEN SIGNALED BY LAW ENFORCEMENT OFFICER SHALL HAVE HIS LICENSE SUSPENDED FOR AT LEAST THIRTY DAYS; TO AMEND SECTION 59-67-420, RELATING TO THE EXTENT OF TRANSPORTATION TO BE PROVIDED FOR STUDENTS TO OR FROM SCHOOL, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT, IN ITS APPLICATION, A LOCAL SCHOOL DISTRICT SHALL ASSIGN PRIORITY TO ITS REQUESTS FOR TRANSPORTATION ON THE BASIS OF CHILDREN'S AGES, WITH THE YOUNGEST CHILDREN SUBJECT TO HAZARDOUS CONDITIONS RECEIVING THE HIGHEST PRIORITIES; TO AMEND SECTION 56-5-6410, RELATING TO AGE AS THE BASIS FOR THE REQUIRED USE OF RESTRAINING SYSTEMS, SO AS TO CHANGE THE AGE BASIS, AND TO PROVIDE THAT ANY CHILD FOUR UNTIL SIX YEARS OF AGE WHEN TRANSPORTED IN THE FRONT SEAT MUST BE SECURED BY A SAFETY BELT PROVIDED IN THE MOTOR VEHICLE; TO AMEND SECTION 56-5-6420, RELATING TO TRANSPORTATION OF CHILDREN WITH INSUFFICIENT NUMBER OF RESTRAINT DEVICES, SO AS TO PROVIDE THAT IF ALL THE SEATING POSITIONS WITH RESTRAINT DEVICES ARE OCCUPIED BY CHILDREN UNDER THE AGE OF SIX YEARS, RATHER THAN AGE THREE AND UNDER, A CHILD MAY BE TRANSPORTED AND THE DRIVER IS NOT IN VIOLATION OF THE LAW BUT THAT PRIORITY MUST BE GIVEN TO CHILDREN UNDER THE AGE OF SIX YEARS, RATHER THAN AGE THREE AND UNDER, ACCORDING TO THEIR AGES; TO AMEND SECTION 56-5-6430, RELATING TO THE PROVISIONS THAT THE USE OF A VEHICLE RESTRAINT DEVICE IS NOT REQUIRED UNDER CERTAIN CIRCUMSTANCES, SO AS TO PROVIDE THAT ALTERNATE RESTRAINT PROTECTION, SUCH AS SAFETY BELTS, RATHER THAN "THE VEHICLE SAFETY BELT", MUST BE UTILIZED IF POSSIBLE UNDER CERTAIN CIRCUMSTANCES; TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-6445 SO AS TO PROVIDE THAT THE PROVISIONS OF ARTICLE 47, CHAPTER 5, TITLE 56 ("CHILD PASSENGER RESTRAINT SYSTEM") APPLY TO ALL MOTOR VEHICLES EQUIPPED WITH SAFETY BELTS; TO AMEND SECTION 56-9-340, RELATING TO SURRENDER OF DRIVER'S LICENSE AND VEHICLE REGISTRATION AND FAILURE TO SURRENDER, SO AS TO CHANGE THE PENALTY FOR WILFULLY FAILING TO RETURN A LICENSE OR REGISTRATION AS REQUIRED IN THIS SECTION, PROVIDE PENALTIES FOR A SECOND OFFENSE AND FOR A THIRD AND SUBSEQUENT OFFENSE, AND PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN FIVE YEARS INCLUDING AND IMMEDIATELY PRECEDING THE DATE OF THE LAST CONVICTION CONSTITUTE PRIOR CONVICTIONS WITHIN THE MEANING OF THIS SECTION; TO AMEND SECTION 56-10-240, RELATING TO THE REQUIREMENT THAT, UPON LOSS OF INSURANCE, THE INSURED SHALL OBTAIN NEW INSURANCE OR SURRENDER VEHICLE REGISTRATION AND PLATES, WRITTEN NOTICE BY THE INSURER, SUSPENSION OF REGISTRATION AND PLATES, APPEAL OF SUSPENSION, ENFORCEMENT, AND PENALTIES, SO AS TO CHANGE THE PENALTY FOR WILFULLY FAILING TO RETURN MOTOR VEHICLE LICENSE PLATES AND REGISTRATION CERTIFICATES AS REQUIRED IN THIS SECTION, PROVIDE PENALTIES FOR A SECOND OFFENSE AND FOR A THIRD AND SUBSEQUENT OFFENSE, AND PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN FIVE YEARS INCLUDING AND IMMEDIATELY PRECEDING THE DATE OF THE LAST CONVICTION CONSTITUTE PRIOR CONVICTIONS WITHIN THE MEANING OF THIS SECTION; TO AMEND SECTION 56-10-260, RELATING TO FALSE CERTIFICATE OR FALSE EVIDENCE OF MOTOR VEHICLE INSURANCE AND PENALTIES, SO AS TO CHANGE THE PENALTY FOR KNOWINGLY MAKING A FALSE CERTIFICATE AS TO WHETHER A MOTOR VEHICLE IS AN INSURED MOTOR VEHICLE OR PRESENTING TO THE DEPARTMENT FALSE EVIDENCE THAT ANY MOTOR VEHICLE SOUGHT TO BE REGISTERED IS INSURED, PROVIDE PENALTIES FOR A SECOND OFFENSE AND FOR A THIRD AND SUBSEQUENT OFFENSE, AND PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN FIVE YEARS INCLUDING AND IMMEDIATELY PRECEDING THE DATE OF THE LAST CONVICTION CONSTITUTE PRIOR CONVICTIONS WITHIN THE MEANING OF THIS SECTION; TO AMEND SECTION 56-10-270, RELATING TO THE OPERATION OF AN UNINSURED MOTOR VEHICLE AND PENALTIES, SO AS TO CHANGE THE PENALTY FOR KNOWINGLY OPERATING AN UNINSURED MOTOR VEHICLE SUBJECT TO REGISTRATION

IN THIS STATE OR KNOWINGLY ALLOWING THE OPERATION OF AN UNINSURED MOTOR VEHICLE SUBJECT TO REGISTRATION IN THIS STATE, PROVIDE PENALTIES FOR A SECOND OFFENSE AND FOR A THIRD AND SUBSEQUENT OFFENSE, PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN FIVE YEARS INCLUDING AND IMMEDIATELY PRECEDING THE DATE OF THE LAST CONVICTION CONSTITUTE PRIOR CONVICTIONS WITHIN THE MEANING OF THIS SECTION, AND PROVIDE THAT ANY PERSON WHOSE LICENSE PLATES AND REGISTRATION CERTIFICATES WHICH ARE SUSPENDED UNDER THIS SECTION, WHICH ARE NOT SUSPENDED FOR ANY OTHER REASON, MAY HAVE THEM IMMEDIATELY RESTORED IF HE FILES PROOF OF FINANCIAL RESPONSIBILITY WITH THE DEPARTMENT; TO AMEND SECTION 56-10-250, RELATING TO THE PROVISION MAKING IT UNLAWFUL TO SELL A MOTOR VEHICLE WITH SUSPENDED REGISTRATION AND LICENSE PLATES TO A FAMILY MEMBER, SO AS TO CHANGE THE PENALTY FOR A VEHICLE OWNER SELLING OR OTHERWISE DISPOSING OF ANY MOTOR VEHICLE FOR WHICH THE REGISTRATION AND LICENSE PLATES HAVE BEEN SUSPENDED TO ANY MEMBER OF HIS FAMILY RESIDING IN THE SAME HOUSEHOLD, PROVIDE PENALTIES FOR A SECOND OFFENSE AND FOR A THIRD AND SUBSEQUENT OFFENSE, AND PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN FIVE YEARS INCLUDING AND IMMEDIATELY PRECEDING THE DATE OF THE LAST CONVICTION CONSTITUTE PRIOR CONVICTIONS WITHIN THE MEANING OF THIS SECTION; TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-2775 SO AS TO PROVIDE THAT THE DRIVER OF ANY VEHICLE VIOLATING CERTAIN PROVISIONS OF SECTION 56-5-2770 IS GUILTY OF A MISDEMEANOR, AND TO PROVIDE A PENALTY; TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-6240 SO AS TO PROVIDE, AMONG OTHER THINGS, FOR THE FORFEITURE AND CONFISCATION OF A MOTOR VEHICLE UNDER CERTAIN CIRCUMSTANCES AND CONDITIONS AND THE DISBURSEMENT AND USE OF THE PROCEEDS FOLLOWING THE SALE OF SUCH A VEHICLE; TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-6250 SO AS TO PROVIDE THAT WHEN AN ARREST IS MADE UNDER THE PROVISIONS OF CHAPTER 5 OF TITLE 56, THE ARRESTING OFFICER MUST MAKE EVERY EFFORT TO DETERMINE PRIOR CONVICTIONS UNDER THE CHAPTER, AND PROVIDE THAT IN NO INSTANCE IS SENTENCE TO BE IMPOSED ON A DEFENDANT UNTIL THE COURT IS SATISFIED PRIOR CONVICTIONS ARE PROPERLY CONSIDERED AS A PART OF THE SENTENCE; TO AMEND SECTION 56-5-2990, RELATING TO THE SUSPENSION OF THE LICENSE OF A CONVICTED DRIVER, AND THE PERIOD OF SUSPENSION, SO AS TO PROVIDE THAT ONLY THOSE VIOLATIONS WHICH OCCURRED WITHIN TEN YEARS, RATHER THAN FIVE YEARS, INCLUDING AND IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE PRIOR VIOLATIONS WITHIN THE MEANING OF THIS SECTION, PROVIDE THAT 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 TO OPERATE A MOTOR VEHICLE, AND DELETE CERTAIN PROVISIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-135 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ANY PERSON DESIGNATED TO DRIVE A MOTOR VEHICLE WHOSE PRIMARY PURPOSE IS THE EXTINGUISHMENT OF A FIRE, INCLUDING VOLUNTEER FIREMEN, MAY HAVE A SPECIAL ENDORSEMENT AFFIXED TO HIS DRIVER'S LICENSE WHICH AUTHORIZES HIM TO DRIVE THE MOTOR VEHICLE, THAT EVERY POLITICAL SUBDIVISION EMPLOYING LAW ENFORCEMENT OFFICERS MUST DESIGNATE ONE OFFICER AS ITS SAFETY OFFICER, AND THAT THE AGENCY OR DEPARTMENT WHO OPERATES THE MOTOR VEHICLE SHALL KEEP THE LIST OF DESIGNATED DRIVERS CURRENT; TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-365 SO AS TO, AMONG OTHER THINGS, PROVIDE THAT ANY PERSON WHO FORFEITS BAIL POSTED FOR, IS CONVICTED OF, OR PLEADS GUILTY OR NOLO CONTENDERE IN GENERAL SESSIONS, MUNICIPAL, OR MAGISTRATE'S COURT TO AN OFFENSE WHICH AS PART OF THE PUNISHMENT TO BE IMPOSED REQUIRES THAT HIS DRIVER'S LICENSE BE REVOKED OR SUSPENDED SHALL SURRENDER IMMEDIATELY OR CAUSE TO BE SURRENDERED HIS DRIVER'S LICENSE TO THE CLERK OF COURT OR MAGISTRATE UPON THE VERDICT OR PLEA, PROVIDE FOR A FINE UPON THE DEFENDANT IF HE FAILS TO SURRENDER HIS LICENSE TO THE CLERK OR MAGISTRATE IMMEDIATELY AFTER CONVICTION, PROVIDE THAT ANY CLERK OR MAGISTRATE WHO WILFULLY FAILS OR NEGLECTS TO FORWARD THE DRIVER'S LICENSE AND TICKET AS REQUIRED IS LIABLE TO INDICTMENT AND, UPON CONVICTION, A FINE, AND PROVIDE THAT THE CERTIFICATE ISSUED UNDER THIS SECTION MUST BE KEPT IN THE DEFENDANT'S POSSESSION WHILE OPERATING A MOTOR VEHICLE DURING THE SIXTY-DAY PERIOD AND THAT FAILURE TO HAVE IT IN HIS POSSESSION IS PUNISHABLE IN THE SAME MANNER AS FAILURE TO HAVE A DRIVER'S LICENSE IN POSSESSION WHILE OPERATING A MOTOR VEHICLE; TO AMEND SECTION 56-1-1320, RELATING TO THE ISSUANCE OF PROVISIONAL DRIVER'S LICENSES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS; AND TO REPEAL SECTIONS 56-1-1040, 56-1-1050, 56-1-1060, 56-1-1070, AND 56-1-1080 RELATING TO VARIOUS PROVISIONS PERTAINING TO HABITUAL OFFENDERS UNDER THE DRIVER'S LICENSE LAW.

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

Removal of restrictions postponed

SECTION 1. The 1976 Code is amended by adding:

"Section 56-1-185. Any person while operating a motor vehicle under a special restricted driver's license who is convicted of a point-assessable traffic offense or involved in an accident in which he was at fault shall have the removal of the restrictions postponed for six months during which period the licensee must be free of any traffic convictions."

Penalties changed for driving without a license

SECTION 2. Section 56-1-440 of the 1976 Code is amended to read:

"Section 56-1-440. Any person who drives a motor vehicle on any public highway of this State without a driver's license in violation of Section 56-1-20 is guilty of a misdemeanor and, upon conviction of a first offense, must be fined not less than fifty dollars nor more than one hundred dollars or imprisoned for thirty

days and, upon conviction of a second offense, be fined five hundred dollars or imprisoned for forty-five days, or both, and for a third and subsequent offense must be imprisoned for not less than forty-five days nor more than six months."

Conviction records, habitual offenders; procedure for revocation or suspension

SECTION 3. Section 56-1-1030 of the 1976 Code is amended to read:

"Section 56-1-1030. When any person is convicted of one or more of the offenses listed in Section 56-1-1020(a), (b), or (c), the department must review its records for that person. If the department's review of its records shows that the person is an habitual offender as defined in Section 56-1-1020, the department must institute agency proceedings in accordance with the Administrative Procedures Act to revoke or suspend the person's driver's license. If, after appropriate proceedings, the department finds the person to be an habitual offender, the department shall direct the person not to operate a motor vehicle on the highways of this State and to surrender his driver's license or permit to the department."

Habitual offenders; procedures changed

SECTION 4. Section 56-1-1090 of the 1976 Code is amended to read:

"Section 56-1-1090. No license to operate motor vehicles in this State may be issued to an habitual offender nor shall a nonresident habitual offender operate a motor vehicle in this State:

(a) for a period of five years from the date of a final decision by the department that a person is an habitual offender and, if, upon appeal, the finding is sustained by a court

unless the period is reduced to two years as permitted in item (c);

(b) until the time financial responsibility requirements are met;

(c) until upon petition, and for good cause shown, the department may restore to the person the privilege to operate a motor vehicle in this State upon terms and conditions as the department may prescribe, subject to other provisions of law relating to the issuance of drivers' licenses. The petition permitted by this item may be filed after a period of one year has expired from the date of the decision of the department finding the person to be an habitual offender. At this time and after hearing, the department may reduce the five-year period of item (a) to a two-year period for good cause shown. If the two-year period is granted, it must run from the date of the final decision of the department. If the two-year period is not granted, no petition may be again filed until after a period of five years has expired from the date of the decision of the department."

Habitual offenders; penalties; procedures changed

SECTION 5. Section 56-1-1100 of the 1976 Code is amended to read:

"Section 56-1-1100. It is unlawful for any person to operate any motor vehicle in this State while the decision of the department prohibiting the operation remains in effect. Any person found to be an habitual offender under the provisions of this article, who is thereafter convicted of operating a motor vehicle in this State while the decision of the department prohibiting the operation is in effect, is guilty of a misdemeanor and must be imprisoned for not less than one year nor more than five years.

For the purpose of enforcing this section, in any case in which the accused is charged with driving a motor vehicle while his driver's license or permit is suspended or revoked or is

charged with driving without a license, the department before hearing the charges shall determine whether the person has been adjudged an habitual offender and is barred from operating a motor vehicle on the highways of this State. If the person is found to be an habitual offender the department shall notify the solicitor or Attorney General and he shall cause the appropriate criminal charges to be lodged against the offender."

Provisions repealed

SECTION 6. Sections 56-1-1040, 56-1-1050, 56-1-1060, 56-1-1070, and 56-1-1080 of the 1976 Code are repealed.

Point system; schedule; changes made; violation added

SECTION 7. Section 56-1-720 of the 1976 Code is amended to read:

"Section 56-1-720. There is established a point system for the evaluation of the operating record of persons to whom a license to operate motor vehicles has been granted and for the determination of the continuing qualifications of these persons for the privileges granted by the license to operate motor vehicles. The system shall have as its basic element a graduated scale of points assigning relative values to the various violations in accordance with the following schedule:

VIOLATION . . . . . . . . . . . . . . POINTS

Reckless driving . . . . . . . . . . . . 6

Passing stopped school bus . . . . . . . 6

Hit-and-run, property damages only . . . 6

Driving too fast for conditions, or

speeding:

(1) No more than 10 m.p.h. above

the posted limits . . . . . . . . . . 2

(2) More than 10 m.p.h. but

less than 25 m.p.h. above the

posted limits . . . . . . . . . . . . 4

(3) 25 m.p.h. or above the

posted limits . . . . . . . . . . . . 6

Disobedience of any official traffic

control device . . . . . . . . . . . . 4

Disobedience to officer directing

traffic . . . . . . . . . . . . . . . 4

Failing to yield right of way . . . . . . 4

Driving on wrong side of road . . . . . . 4

Passing unlawfully . . . . . . . . . . . 4

Turning unlawfully . . . . . . . . . . . 4

Driving through or within safety zone . . 4

Failing to give signal or giving

improper signal for stopping,

turning, or suddenly decreased speed. . 4

Shifting lanes without safety precaution. 2

Improper dangerous parking . . . . . . . 2

Following too closely . . . . . . . . . . 4

Failing to dim lights . . . . . . . . . . 2

Operating with improper lights . . . . . 2

Operating with improper brakes . . . . . 4

Operating a vehicle in unsafe condition . 2

Driving in improper lane . . . . . . . . 2

Improper backing . . . . . . . . . . . . 2."

Maximum speed limits; penalties changed; credit to State Highway Fund, etc.

SECTION 8. The last two paragraphs of Section 56-5-1520 of the 1976 Code, as last amended by Act 189 of 1987, are further amended to read:

"(d) Any person violating the speed limits established by this section is guilty of a misdemeanor and, upon conviction for a first offense, must be fined or imprisoned as follows:

(1) in excess of the above posted limit but not in excess of ten miles an hour by a fine of not less than fifteen dollars nor more than twenty-five dollars;

(2) in excess of ten miles an hour but less than fifteen miles an hour above the posted limit by a fine of not less than twenty-five dollars nor more than fifty dollars;

(3) in excess of fifteen miles an hour but less than twenty-five miles an hour above the posted limit by a fine of not less than fifty dollars nor more than seventy-five dollars; and

(4) in excess of twenty-five miles an hour above the posted limit by a fine of not less than seventy-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

(e) Any citation for violating the speed limits issued by any authorized officer must note on it the rate of speed for which the citation is issued.

(f) Five dollars of the fines listed in subsection (d)(3) and (4) must be credited to the State Highway Fund. In expending the funds credited to the State Highway Fund under subsection (d), the department first shall consider the need for additional highway patrolmen."

Penalty for DUI, changes; suspension of fines; etc.

SECTION 9. Section 56-5-2940 of the 1976 Code is amended to read:

"Section 56-5-2940. Any person violating any provision of Section 56-5-2930 shall, upon conviction, entry of a plea of guilty or of nolo contendere or forfeiture of bail, be punished in accordance with the following:

(1) By a fine of two hundred dollars or imprisonment for not less than forty-eight hours nor more than thirty days, for the first offense; provided, that in lieu of the forty-eight hour minimum imprisonment the court may provide for forty-eight hours of public service employment. The minimum forty-eight hour imprisonment or public service employment shall be served at a time when the person is off from work and shall not interfere with his regular employment under such terms and conditions as the court deems proper; provided, further, that the court may not compel an offender to perform public service employment in lieu of the minimum sentence.

(2) 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 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, and of that amount two hundred fifty dollars must be remitted to the Victim's Compensation Fund. 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 days upon terms and conditions the court considers proper.

(3) 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 nor more than three years, for the third offense.

(4) Imprisonment for not less than one year nor more than five years for a fourth offense or subsequent offense.

No part of the minimum sentences provided herein shall be suspended. The court may provide in lieu of service other sentences provided herein: For a third offense or any subsequent offense or for a violation of Section 56-5-2945 as it relates to great bodily injury the service of the minimum sentence is mandatory; provided, however, the judge may provide for the sentence to be served upon such terms and conditions as he deems proper including but not limited to weekend service or nighttime service in any fashion he deems 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 State or any municipality of this 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."

Spilling loads on highways; provisions added; misdemeanor established; etc.

SECTION 10. Section 56-5-4100 of the 1976 Code is amended to read:

"Section 56-5-4100. (A) No vehicle may be driven or moved on any public highway unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping from the vehicle, except that sand, salt, or other chemicals may be dropped for the purpose of securing traction, and water or other substance may be sprinkled on a roadway in the cleaning or maintaining of the roadway by the public authority having jurisdiction.

(B) Trucks, trailers, or other vehicles when loaded with rock, gravel, stone, or other similar substances which could blow, leak, sift, or drop must not be driven or moved on any highway unless the height of the load against all four walls does not extend above a horizontal line six inches below their tops when loaded at the loading point; or, if the load is not level, unless the height of the sides of the load against all four walls does not extend above a horizontal line six inches below their tops, and the highest point of the load does not extend above their tops, when loaded at the loading point; or, if not so loaded, unless the load is securely covered by tarpaulin or some other suitable covering; or unless it is otherwise constructed so as to prevent any of its load from dropping, sifting, leaking, blowing, or otherwise escaping from the vehicle. This subsection also includes the transportation of garbage or waste materials to locations for refuse in this State.

(C) The loader of the vehicle and the driver of the vehicle, in addition to complying with the other provisions of this section, shall sweep or otherwise remove any loose gravel or similar material from the running boards, fenders, bumpers, or other similar exterior portions of the vehicle before it is moved on a public highway.

(D) Any person operating a vehicle from which any glass or objects have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon the public highway, shall immediately cause the public highway to be cleaned of all glass or objects and shall pay any costs for the cleaning.

(E) Any person who violates the provisions of subsections (B), (C), or (D), is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars.

(F) The provisions of this section are not applicable to and do not restrict the transportation of seed cotton, soybeans, tobacco, poultry, livestock or silage, or other feed grain used in the feeding of poultry or livestock or of paper, wastepaper utilized for the manufacture of industrial products, paper products, forest products, or textile products."

Vehicles equipped with lights; windshield wipers; warning ticket; misdemeanor and fine

SECTION 11. Section 56-5-4450 of the 1976 Code is amended to read:

"Section 56-5-4450. Every vehicle upon a street or highway within this State shall display lighted lamps and illuminating devices, excluding parking lights, from a half hour after sunset to a half hour before sunrise, and at any other time when windshield wipers are in use as a result of rain, sleet, or snow, or when inclement weather or environmental factors severely reduce the ability to clearly discern persons and vehicles on the street or highway at a distance of five hundred feet ahead as required in this article for different classes of vehicles, subject to exceptions with respect to parked vehicles as provided in this article; provided, however, the provisions of this section requiring use of lights in conjunction with the use of windshield wipers shall not apply to instances when windshield wipers are used intermittently in misting rain, sleet, or snow.

Until January 1, 1989, any person who fails to display the lights of a vehicle he is operating when lights are required by this section due to inclement weather or environmental factors may be issued only a warning ticket.

Any person who violates this section is guilty of a misdemeanor and, upon conviction, may be fined up to twenty-five dollars."

Vehicles; sunscreen device; requirements; misdemeanor offense; penalties

SECTION 12. Section 56-5-5015 of the 1976 Code is amended to read:

"Section 56-5-5015. (A) No person may operate a motor vehicle that is required to be registered in this State on any public highway, road, or street that has a sunscreen device on the windshield, the front side wings, and side windows adjacent to the right and left of the driver and windows to the rear of the driver that do not meet the requirements of this section.

(B) A sunscreening device when used in conjunction with the windshield must be nonreflective and may not be red, yellow, or amber in color. A sunscreening device may be used only along the top of the windshield and may not extend downward beyond the ASI line or more than five inches from the top of the windshield whichever is closer to the top of the windshield.

(C) A sunscreening device when used in conjunction with the safety glazing materials of the side wings or side windows, or both, located at the immediate right and left of the driver and the side windows behind the driver must be nonreflective and have light transmission of not less than thirty-five percent.

(D) A sunscreening device when used in conjunction with the safety glazing of the rear-most window must be nonreflective and have a light transmission of not less than twenty percent, if one right and one left outside rearview mirror is provided.

(E) Sunscreen devices offered for sale or use in South Carolina shall:

(1) bear a certification of the department that it is in compliance with the reflectivity and transmittance requirements of this section;

(2) bear a label not to exceed one and one-half square inches in size, with a means for the permanent and legible installations between the sunscreening material and each glazing surface to which it is applied that contains the manufacturer's name and its percentage of light transmission;

(3) include instructions with the product or material for proper installations, including the affixing of the label specified in this section. The labeling or marking must be placed in the left lower corner of each glazing surface when facing the vehicle from the outside.

(F) No person may:

(1) offer for sale or for use any sunscreening product or material for motor vehicle use not in compliance with this section;

(2) install any sunscreening product or material on vehicles intended for use on public roads without permanently affixing the label specified in this section.

(G) The provisions of this section do not apply to a motor vehicle registered in this State in the name of a person, or the person's legal guardian, who has an affidavit signed by a physician or an optometrist licensed to practice in this State that states that the person has a physical condition that makes it necessary to equip the motor vehicle with sunscreening material which would be of a light transmittance or luminous reflectance in violation of this section. The affidavit must be in the possession of the person so afflicted, or the person's legal guardian, at all times while being transported in the motor vehicle.

(H) The light transmittance requirement of this section does not apply to windows behind the driver on trucks, buses, trailers, mobile homes, and multipurpose passenger vehicles.

(I) As used in this section:

(1) 'Sunscreening device' means a film material or device that is designed to be used in conjunction with motor vehicle safety glazing materials for reducing the effects of the sun.

(2) 'Light transmission' means the ratio of the amount of total light to pass through a product or material to the amount of the total light falling on the product or material.

(3) 'Luminous reflectants' means the ratio of the amount of total light that is reflected outward by the product or material to the amount of the total light falling on the product or materials.

(4) 'Nonreflective' means a product or material designed to absorb light rather than to reflect it.

(5) 'Passenger car' means a motor vehicle with motive power, except a multipurpose passenger vehicle, motorcycle, or trailer, designed for carrying ten persons or less.

(6) 'Multipurpose passenger vehicle' means a motor vehicle with motive power, except a trailer designed to carry ten persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation.

(7) 'Motor homes' means vehicular units designed to provide temporary living quarters built into and an integral part of or permanently attached to a self-propelled motor vehicle chassis.

(8) 'Truck' means a motor vehicle with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment.

(9) 'Bus' means a motor vehicle with motive power, except a trailer, designed for carrying more than ten persons.

(10)'Manufacturer' means any person engaged in the manufacturing or assembling of sunscreening products or materials designed to be used in conjunction with vehicle glazing materials for the purpose of reducing the effects of the sun.

(J) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or be imprisoned for not more than thirty days.

Applicability of Section 56-5-5015 to vehicles

SECTION 13. The provisions of Section 56-5-5015 apply to all vehicles manufactured after the effective date of this act. The provisions of Section 56-5-5015 apply to all other vehicles three years from the effective date of this act.

Failure to stop when signaled; suspension of license, etc.

SECTION 14. Section 56-5-750 of the 1976 Code is amended to read:

"Section 56-5-750. In the absence of mitigating circumstances, it is unlawful for any motor vehicle driver, while driving on any road, street, or highway of the State, to fail to stop when signaled by any law enforcement vehicle by means of a siren or flashing light. Any attempt to increase the speed of a vehicle or in other manner avoid the pursuing law enforcement vehicle when signaled by a siren or flashing light is prima facie evidence of a violation of this section. Failure to see the flashing light or hear the siren does not excuse a failure to stop when the distance between the vehicles and other road conditions are such that it would be reasonable for a driver to hear or see the signals from the law enforcement vehicle. Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or imprisoned for not less than ninety days and in the discretion of the judge his driver's license may be suspended for a period not to exceed one year. Any motorist who wilfully fails to stop when signaled by a law enforcement officer shall have his license suspended for at least thirty days."

School transportation; priority on basis of age

SECTION 15. Section 59-67-420 of the 1976 Code is amended to read:

"Section 59-67-420. The State, acting through the State Board of Education, assumes no obligation to transport any child to or from school who lives within one and one-half miles of the school he attends, nor to provide transportation services extending within a one-half mile radius of the residence of any child, nor to furnish transportation for any child who attends a grade in a school outside the pupil's district when the same grade is taught in an appropriate school that is located within the school district in which the pupil lives. The cost of transporting pupils to regularly organized instructional classes in the district or attendance area for which school credit is given must be borne by the State. The cost of transportation for new programs conducted by the school districts must be borne by the school district until such time as the program is approved by the State Board of Education and adequate funding for the cost of transportation for the programs is arranged.

The State may assume the obligation of transporting students living within one and one-half miles of their schools and within a one-half mile radius of their residences when it is for the health and safety of the children. In these cases, the local school district may apply in writing to the State Department of Education for the department to assume the transportation for the health and safety of the children involved. In its application, local school districts shall assign priority to its requests for transportation on the basis of children's ages, with the youngest children subject to hazardous conditions receiving the highest priorities. After examining the request, the state department shall render a decision on each application based on the location of the schools in relation to students' homes, the traffic patterns on adjacent roads, the existence of sidewalks, children's ages, and other factors considered pertinent. The state department shall not approve local district applications that have not assigned priority on the basis of children's ages, with the youngest children receiving highest priority.

Regardless of the provisions of the first paragraph of this section, the State shall transport and bear the cost of transporting five-year old children attending public school kindergarten programs to their residences at the conclusion of a morning kindergarten session and from their residences to an afternoon kindergarten session."

Vehicle restraint system, age, changes; safety belt

SECTION 16. Section 56-5-6410 of the 1976 Code is amended to read:

"Section 56-5-6410. Every driver of a motor vehicle (passenger car, pickup truck, van, or recreational vehicle) registered in this State or primarily operated on the highways and streets of this State when transporting a child under six years of age upon the public streets and highways of the State shall provide an appropriate child passenger restraint system and shall secure the child as follows:

(1) Any child less than one year of age must be properly secured in a child restraint system which meets the standards prescribed by the National Highway Traffic Safety Administration.

(2) Any child under four years of age when transported in the front seat must be properly secured in a child restraint system meeting standards prescribed by the National Highway Traffic Safety Administration.

(3) Any child four until six years of age when transported in the front seat must be secured by a safety belt provided in the motor vehicle.

(4) Any child one year of age or more and under six years of age when transported in a rear seat must be properly secured in a child restraint system which meets the standards prescribed by the National Highway Traffic Safety Administration unless the child is secured by a safety belt provided in the motor vehicle.

Any child restraint system of a type sufficient to meet the physical standards prescribed by the National Highway Traffic Safety Administration at the time of its manufacture is sufficient to meet the requirements of this article."

Vehicle restraint devices, insufficient number; changes in age requirements

SECTION 17. Section 56-5-6420 of the 1976 Code is amended to read:

"Section 56-5-6420. If all the seating positions with restraint devices are occupied by children under the age of six years, a child may be transported and the driver of the motor vehicle is not in violation of the provisions of this article, but priority must be given to children under the age of six years, according to their ages."

When use of restraint device not required; alternate protection, changes

SECTION 18. Section 56-5-6430 of the 1976 Code is amended to read:

"Section 56-5-6430. The provisions of this article do not apply if a child being transported is being fed, has a physical impairment, or a medical problem or any distress which makes it impractical to use a child restraint system. Alternate restraint protection, such as safety belts, must be utilized if possible."

Child passenger restraint system, provisions; applicability

SECTION 19. The 1976 Code is amended by adding:

"Section 56-5-6445. The provisions of this article apply to all motor vehicles equipped with safety belts."

Surrender of driver's license and vehicle registration; failure to surrender; penalties; prior conviction

SECTION 20. Section 56-9-340 of the 1976 Code is amended to read:

"Section 56-9-340. Any person (a) whose license and registration has been suspended as provided in this chapter, (b) whose policy of insurance or bond, when required under this chapter, has been canceled or terminated, or (c) who has neglected to furnish other proof upon request of the department shall immediately return his license and registration to the department. If any person fails to return to the department his license or registration as provided in this section, the department may secure possession by a commissioned highway patrolman.

Any person wilfully failing to return his license or registration as required in this section must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for thirty days and, upon conviction of a second offense, be fined two hundred dollars or imprisoned for thirty days, or both, and for a third and subsequent offenses must be imprisoned for not less than forty-five days nor more than six months.

Only convictions which occurred within five years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section."

Events upon loss of insurance; penalties; prior convictions

SECTION 21. Section 56-10-240 of the 1976 Code is amended to read: "Section 56-10-240. If, during the period for which it is licensed, a motor vehicle is or becomes an uninsured motor vehicle, then the vehicle owner immediately shall obtain insurance on the vehicle or within five days after the effective date of cancellation or expiration of his liability insurance policy surrender the motor vehicle license plates and registration certificates issued for the motor vehicle. When a motor vehicle is or becomes an uninsured motor vehicle, the insurer shall give written notice within ten days, in addition to that notice previously given in accordance with law, by delivery under United States Post Office Certificate of Mailing to the department of the cancellation or refusal to renew. The department may not thereafter reissue registration certificates and license plates for the vehicle until satisfactory evidence has been filed by the owner that the vehicle is insured. Upon receiving information to the effect that a policy is canceled or otherwise terminated on any motor vehicle registered in South Carolina, then the department shall suspend the license plates and registration certificate and shall initiate action as required within fifteen days of the notice of cancellation to pick up the license plates and registration certificate. Any person who has had his license plates and registration certificate suspended by the department, but who at the time of suspension does possess liability insurance coverage sufficient to meet the financial responsibility requirements as set forth in this chapter, has the right to immediately appeal the suspension to the Chief Insurance Commissioner. If the Chief Insurance Commissioner determines that the person has sufficient liability insurance coverage, the Chief Insurance Commissioner shall notify the department and the suspension is voided immediately. The department shall give notice by first class mail of the cancellation or suspension of registration privileges to the vehicle owner at his last known address. However, when license plates are surrendered pursuant to this section, they must be held at the department office in the county where the person who surrenders the plates resides.

If the vehicle owner refuses to surrender the suspended items as required in this article, the department through its designated agents or by request to any county or municipal law enforcement agency may take possession of the suspended license plates and registration certificate and may not thereafter reissue the registration until proper proof of liability insurance coverage is provided and until the owner has paid a reinstatement fee in the amount of twenty-five dollars.

Any person wilfully failing to return his motor vehicle license plates and registration certificates as required in this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for thirty days and, upon conviction of a second offense, be fined two hundred dollars or imprisoned for thirty days, or both, and for a third and subsequent offenses must be imprisoned for not less than forty-five days nor more than six months.

Only convictions which occurred within five years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section."

False certificate, false evidence of motor vehicle insurance; penalties; prior convictions

SECTION 22. Section 56-10-260 of the 1976 Code is amended to read: "Section 56-10-260. Any person knowingly making a false certificate as to whether a motor vehicle is an insured motor vehicle or presenting to the department false evidence that any motor vehicle sought to be registered is insured is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for thirty days and, upon conviction of a second offense, be fined two hundred dollars or imprisoned for thirty days, or both, and for a third and subsequent offenses must be imprisoned for not less than forty-five days nor more than six months. Only convictions which occurred within five years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section. The department shall deny, for a period of six months, registration of any motor vehicle for which a false certificate or false evidence is presented that the vehicle is insured and shall revoke, and may not thereafter reissue for a period of six months, the driver's license of any person making a false certificate or offering false evidence, and then only when all other provisions of law have been complied with by that person."

Operation of uninsured vehicle; penalties; prior convictions; restoration of plates, certificates

SECTION 23. Section 56-10-270 of the 1976 Code is amended to read: "Section 56-10-270. (a) Any person knowingly operating an uninsured motor vehicle subject to registration in this State or any person knowingly allowing the operation of an uninsured motor vehicle subject to registration in this State is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for thirty days and, upon conviction of a second offense, be fined two hundred dollars or imprisoned for thirty days, or both, and for a third and subsequent offenses must be imprisoned for not less than forty-five days nor more than six months. Only convictions which occurred within five years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section. An uninsured motor vehicle includes an insured vehicle with respect to which the operator has been excluded from coverage pursuant to the provisions of Section 56-10-60.

(b) The department upon receipt of information to the effect that any person has been convicted of violating subsection (a) of this section shall suspend the driving privilege and all license plates and registration certificates issued in the person's name for a period of thirty days and may not reinstate that person's privileges until proof of financial responsibility has been filed.

(c) Any person whose license plates and registration certificates which are suspended as provided in this section, which are not suspended for any other reason, may have them immediately restored, if he files proof of financial responsibility with the department."

Prohibition on selling vehicle with suspended registration and plates to family member; penalties; prior convictions

SECTION 24. Section 56-10-250 of the 1976 Code is amended to read: "Section 56-10-250. It is unlawful for any vehicle owner to sell or otherwise dispose of any motor vehicle, for which the registration and license plates have been suspended, to any member of his family residing in the same household. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for thirty days and, upon conviction of a second offense, be fined two hundred dollars or imprisoned for thirty days, or both, and for a third and subsequent offenses must be imprisoned for not less than forty-five days nor more than six months. Only convictions which occurred within five years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section."

Violating Section 56-5-2770(a) or (e), misdemeanor; penalty

SECTION 25. Article 21, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-2775. The driver of any vehicle violating the provisions of Section 56-5-2770(a) or (e) is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than one hundred dollars nor more than two hundred dollars or imprisonment for not more than thirty days."

Forfeiture, confiscation of certain vehicles; sale; disbursement, use of proceeds; etc.

SECTION 26. Article 43, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-6240. (A) In addition to the penalties for persons convicted of a fourth or subsequent violation within the last ten years of operating a motor vehicle while his license is canceled, suspended, or revoked (DUS), or a fourth or subsequent violation within the last ten years of operating a motor vehicle while under the influence of intoxicating liquor or drugs (DUI), the persons must have the motor vehicle they drove during this offense forfeited if the offender is the owner of record, or a resident of the household of the owner of record under the terms and conditions as provided in subsections (B) and (C) and must be confiscated by the arresting officer or other law enforcement officer of that agency at the time of arrest, which officer shall deliver it immediately to the head of his law enforcement agency or his authorized agent who shall notify the clerk of court within forty-eight hours of the confiscation. However, the clerk of court shall issue a Rule to Show Cause immediately upon notification of the confiscation which must be returnable before the presiding judge of the judicial circuit or his designated hearing officer within ten days from the date of issuance of the Rule to Show Cause and the vehicle must be returned to the owner of record if he can show by a preponderance of the evidence that (1) the use of the vehicle was not either expressly or impliedly authorized, or (2) the owner of record did not know that the driver had no valid license. Forfeiture of a vehicle is subordinate in priority to all valid liens.

The law enforcement agency confiscating the vehicle shall provide notice by certified mail of the confiscation to all lienholders of record within ten days of the confiscation.

(B) Upon the conviction of the person driving the vehicle, or upon his plea of guilty or nolo contendere to these offenses, the attorney representing the governmental entity of which that law enforcement agency is a part shall initiate an action in the circuit court of the county in which the vehicle was seized to accomplish forfeiture by giving notice to owners of record, lienholders of record, and other persons claiming an interest in the vehicle subject to forfeiture and by giving these persons an opportunity to appear and show why the vehicle should not be forfeited and disposed of as provided for by this section. Failure of a person claiming an interest in the vehicle to appear at the above proceeding after having been given notice constitutes a waiver of the claim; however, the failure to appear does not in any way alter or affect the claim of a lienholder of record. The court, after hearing, shall order that the vehicle be forfeited to the State or to the political subdivision of the State of which the law enforcement agency is a part and sold in the manner provided herein, or returned to the owner of record. The court shall order a vehicle returned to the owner of record if it is shown by a preponderance of the evidence that: (1) the use of the vehicle on the occasion of arrest was not either expressly or impliedly authorized, or (2) the owner of record did not know that the driver had no valid driver's license. Otherwise, the court shall order the vehicle forfeited. Forfeiture of a vehicle is subordinate in priority to all valid liens and encumbrances.

Notice of the above proceedings must be accomplished by personal service of the owner of record, lienholder of record, if any, and any other person claiming an interest in the vehicle of a certified copy of the petition or notice of hearing, and by publication of notice in a newspaper of general circulation in the county where the vehicle was seized for at least two successive weeks before the hearing.

Property constituted forfeited property by this section must be sold as provided in subsection (C).

(C) The law enforcement agency making the arrest or its authorized agent shall sell the confiscated vehicle at public auction for cash to the highest bidder in front of the county courthouse in the county where it was confiscated or at another suitable location in that county after having given ten days' public notice of the sale by posting advertisement on the door or bulletin board of the county courthouse or other location of the public auction, and by publishing an advertisement of the auction at least once in a newspaper of general circulation in the county at least ten days before the auction. Upon the sale, the agency or its agent shall pay over the net proceeds, after payment of the liens and encumbrances on the vehicle, and after payment of the proper costs and expenses, if any, of the seizure, advertisement, and sale including any proper expense incurred for the storage of the confiscated vehicle, to the State or the political subdivision of this State of which the law enforcement agency is a part, for use in law enforcement."

Arrests under Chapter 5, Title 56; determination of prior convictions; sentence

SECTION 27. The 1976 Code is amended by adding:

"Section 56-5-6250. When an arrest is made under the provisions of this chapter, the arresting officer must make every effort to determine prior convictions under this chapter. In no instance is sentence to be imposed on a defendant until the court is satisfied prior convictions are properly considered as a part of the sentence."

Suspension of license, convicted driver; prior violations; barred from licensure; etc.

SECTION 28. 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 for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail, one year for the second conviction, plea of guilty or of nolo contendere, or forfeiture of bail, two years for the third offense, three 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 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 Highways and Public Transportation 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 shall not exceed fifty dollars for assessment, one hundred dollars for education services, and two hundred fifty 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. 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 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."

Designated driver for fire extinguishment, special endorsement; safety officers; etc.

SECTION 29. Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-135. (A) Notwithstanding the provisions of Section 56-1-130, any person designated to drive a motor vehicle whose primary purpose is the extinguishment of a fire, including volunteer firemen, may have a special endorsement affixed to his driver's license which authorizes him to drive this motor vehicle.

(B) Every political subdivision of this State employing law enforcement officers must designate one officer as its safety officer. The safety officer must meet the qualifications set forth in department guidelines; however, he does not have to be a full-time employee. Any person desiring to drive the motor vehicle referred to in subsection (A) of this section must demonstrate his ability to exercise ordinary and reasonable control in the operation of this motor vehicle to one of these officers. The fire department, including volunteer fire departments, must submit a list of those members of its department designated to drive the motor vehicle referred to in subsection (A) of this section to the Department of Highways and Public Transportation.

(C) It is the responsibility of the agency or department who operates the motor vehicle to keep the list of designated drivers current. Any changes in the list of drivers must be reported to the Department of Highways and Public Transportation within thirty days from the change."

Surrender of driver's license; fine; punishable offense; etc.

SECTION 30. The 1976 Code is amended by adding:

"Section 56-1-365. Any person who forfeits bail posted for, is convicted of, or pleads guilty or nolo contendere in general session, municipal, or magistrate's court to an offense which as part of the punishment to be imposed requires that his driver's license be revoked or suspended shall surrender immediately or cause to be surrendered his driver's license to the clerk of court or magistrate upon the verdict or plea. The defendant must be notified at the time of arrest of his obligation to bring, and surrender his license, if convicted, to the court or magistrate at the time of his trial, and if he fails to produce his license after conviction, he may be fined in an amount not to exceed two hundred dollars. If the defendant fails subsequently to surrender his license to the clerk or magistrate immediately after conviction, he must be fined not less than fifty dollars nor more than two hundred dollars.

The department may collect from the clerk of court or magistrate the driver's license and ticket immediately after receipt. Along with the driver's license, the clerks and magistrates shall give the department's agents tickets, arrest warrants, and other documents or copies of them, as necessary for the department to process the revocation or suspension of the licenses. If the department does not collect the license and ticket immediately, the magistrate or clerk shall forward the license, ticket, and other documentation to the department within five days after receipt. Any clerk or magistrate who wilfully fails or neglects to forward the driver's license and ticket as required is liable to indictment and, upon conviction, must be fined not exceeding five hundred dollars.

The department shall notify the defendant of the suspension or revocation. Except as provided below, if the defendant surrendered his license to the magistrate or clerk immediately after conviction the effective date of the revocation or suspension is the date of surrender. If the magistrate or clerk wilfully fails to forward the license and ticket to the department within five days, the suspension or revocation does not commence until the department receives them. If the defendant is already under suspension for a previous offense at the time of his conviction or plea, the period of suspension for the subsequent offense runs consecutively and does not commence until the expiration of the suspension or revocation for the prior offense.

If the defendant fails to surrender his license, the suspension or revocation operates as otherwise provided by law.

If the defendant surrenders his license, upon conviction, and subsequently files a notice of appeal, the appeal shall act as a supersedeas as provided in Section 56-1-430. Upon payment of a ten-dollar fee and presentment by the defendant of a certified or clocked-in copy of the notice of appeal, the department shall issue him a certificate on a form prescribed and furnished by the department which entitles him to operate a motor vehicle for a period of sixty days after the verdict or plea. The certificate must be kept in the defendant's possession while operating a motor vehicle during the sixty-day period, and failure to have it in his possession is punishable in the same manner as failure to have a driver's license in possession while operating a motor vehicle."

Provisional drivers' licenses; provisions, language deleted

SECTION 31. Section 56-1-1320 of the 1976 Code is amended to read:

"Section 56-1-1320. A person with a South Carolina driver's license or a person exempted from the licensing requirements by Section 56-1-30, who is or has been convicted of a first offense violation of an ordinance of a municipality, or law of this State, that prohibits a person from operating a vehicle while under the influence of intoxicating liquor, drugs or narcotics, and whose license is not presently suspended for any other reason, may apply to the Motor Vehicle Division of the department to obtain a provisional driver's license of a design to be determined by the department, to operate a motor vehicle. The person shall enter an Alcohol and Drug Safety Action Program as provided for in Section 56-1-1330, shall furnish proof of responsibility as provided for in Section 56-1-1350, and shall pay to the department a fee of five dollars for the provisional driver's license.

The provisional driver's license is not valid for more than six months from the date of issue shown on the license.

The determination of whether or not a provisional driver's license may be issued pursuant to the provisions of this article as well as reviews of cancellations or suspensions under Sections 56-1-370 and 56-1-820 of the 1976 Code must be made by the Director of the Motor Vehicle Division of the department or his designee."

Time effective

SECTION 32. This act takes effect January 1, 1989, except where provided otherwise in this act.