Current Status Introducing Body:House Bill Number:4116 Primary Sponsor:McAbee Committee Number:21 Type of Legislation:GB Subject:Trucks, weight of Residing Body:House Current Committee:Education and Public Works Date Tabled:Feb 18, 1992 Computer Document Number:JIC/5966.HC Introduced Date:Jan 14, 1992 Last History Body:House Last History Date:Feb 18, 1992 Last History Type:Tabled in Committee Scope of Legislation:Statewide All Sponsors:McAbee Waldrop Townsend Shirley Type of Legislation:General Bill
Bill Body Date Action Description CMN
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4116 House Feb 18, 1992 Tabled in Committee 21
4116 House Jan 14, 1992 Introduced, read first time, 21
referred to Committee
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TO AMEND SECTION 56-5-4160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR EXCESS TRUCK WEIGHTS, SO AS TO REDUCE THE PENALTIES FOR EXCESS GROSS WEIGHT, REDUCE THE CRIMINAL PENALTY, CHANGE A CRIMINAL PENALTY TO A CIVIL PENALTY, DELETE EXCLUSIVE JURISDICTION OF MAGISTRATES' COURTS OVER VIOLATIONS, AND TO DELETE THE SEPARATE UNIFORM CITATION FOR SIZE AND WEIGHT VIOLATIONS AND THE NOTICE PROVISIONS OF THE UNIFORM CITATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-4160 of the 1976 Code is amended to read:
"Section 56-5-4160. (A) An officer or agent of the department having reason to believe that the weight of a vehicle and load is unlawful may require the driver to stop and submit to a weighing of the vehicle and load either by means of portable or stationary scales and may require that the vehicle be driven to the nearest public scales. Whenever an officer upon weighing a vehicle and load determines that the weight is unlawful, he may require the driver to stop the vehicle in a suitable place and remain standing until the portion of the load necessary to reduce the gross weight of the vehicle to the limits permitted under this chapter is removed. All material so unloaded must be cared for by the owner or operator of the vehicle at his own risk.
(B) A person who operates a vehicle on a public highway whose axle weight or tandem axle weight is in excess of the limits imposed by Section 56-5-4130 or 56-5-4140 is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days, or both.
(C) A person who operates The owner of a vehicle found to exceed the excess gross weight limitations limits imposed by Section 56-5-4130 or 56-5-4140 is guilty of a misdemeanor and, upon conviction, shall pay to the department a fine based on the following scale:
POUNDS OF EXCESS AMOUNT OF FINE
WEIGHT IN DOLLARS
(1) 500 - 1500 lbs.: $25.00
(2) 1501 - 2500 lbs.: 45.00
(3) 2501 - 3500 lbs.: 60.00
(4) 3501 - 4250 lbs.: 135.00
(5) 4251 - 5250 lbs.: 180.00
(6) 5251 - 6250 lbs.: 300.00
(7) 6250 - 7250 lbs.: 460.00
(8) 7251 - 8250 lbs.: 600.00
(9) 8251 - 10250 lbs.: 700.00
(10) 10251 - lbs. and over: 800.00
If the operator of the vehicle, upon conviction, fails to remit the fine imposed by this subsection to the department, the owner of the vehicle is responsible for remitting the fine. The court is prohibited from suspending any portion of this fine. for deposit in the state highway and public transportation fund for each pound in excess of the gross weight limitation an assessment based on the following scale:
(1) one cent a pound for the first seven thousand five hundred pounds or part thereof.
(2) two cents a pound for the next three thousand pounds or part thereof.
(3) three cents a pound for the next four thousand five hundred pounds or part thereof.
(4) five cents a pound for each pound in excess of fifteen thousand pounds.
The assessment may be deposited with the arresting officer or anyone else the department designates. The assessment must be deposited in full or other arrangements satisfactory to the department for payment must be made before the operator may move the vehicle. If there is no conviction, the assessment must be returned to the owner promptly.
(D) In determining whether or not the limits established by Section 56-5-4130 or 56-5-4140 have been exceeded, the scaled weights of the gross weight of vehicles and combinations of vehicles are deemed to be not closer than ten percent to the true gross weight, except as otherwise provided in Section 56-5-4140.
(E) Magistrates have jurisdiction of violations of this section. All monies collected pursuant to Section 56-5-4160 must be forwarded to the department by the magistrate within forty-five days for deposit in the state highway fund. Of the monies collected pursuant to subsection (B), the department shall use this money for upgrading and refurbishing existing weigh stations, including adequate night lighting for enforcement activities and any other safety measures that the department considers necessary. The fine may be deposited with the arresting officer or anyone else the department may designate. The fine must be deposited in full or other arrangements satisfactory to the department for payment must be made before the operator is allowed to move the vehicle. If there is no conviction, the fine must be returned to the owner promptly.
(E) `Conviction' as used in this section, also includes the entry of a plea of guilty or nolo contendere and the forfeiture of bail or collateral deposited to secure a defendant's presence in court. If the fine assessment is not paid in full to the department within forty-five days after conviction, the license and registration of the vehicle found to exceed the limits imposed by Section 56-5-4130 or 56-5-4140 must be suspended. The owner of the vehicle immediately shall return the license and registration of the vehicle to the department. If a person fails to return them as provided in this section, the department may secure possession of them by a commissioned trooper. The suspension continues until the fine assessment is paid in full.
(F) The department shall provide for a separate uniform citation to be used by the Size and Weight Division. The uniform citation must be used for all size and weight violations which the Size and Weight Division primarily is responsible for enforcing.
(G) The issuance of a uniform citation to the operator of a vehicle for a violation of this section constitutes notice to the owner of the violation. The uniform citation must include the following language in bold letters to be printed across the bottom of the citation `THE ISSUANCE OF SIZE AND WEIGHT UNIFORM CITATION TO THE OPERATOR OF A VEHICLE CONSTITUTES NOTICE TO THE OWNER OF A SIZE AND WEIGHT VIOLATION'."
SECTION 2. This act takes effect on the first day of the second month following approval by the Governor.