Current Status Introducing Body:
HouseBill Number: 4511Primary Sponsor: RossCommittee Number: 11Type of Legislation: GBSubject: Motor vehicle, posession of registration and license plateResiding Body: SenateCurrent Committee: JudiciaryComputer Document Number: CYY/18898.SDIntroduced Date: Mar 04, 1992Date of Last Amendment: Apr 30, 1992Last History Body: SenateLast History Date: May 07, 1992Last History Type: Introduced, read first time, referred to CommitteeScope of Legislation: StatewideAll Sponsors: Ross Jennings Keegan Hodges M. MartinType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 4511 Senate May 07, 1992 Introduced, read first time, 11 referred to Committee 4511 House May 05, 1992 Read third time, sent to Senate 4511 House Apr 30, 1992 Amended, read second time 4511 House Apr 29, 1992 Debate interrupted 4511 House Apr 15, 1992 Committee Report: Favorable 25 4511 House Mar 04, 1992 Introduced, read first time, 25 referred to CommitteeView additional legislative information at the LPITS web site.
April 30, 1992
Introduced by REPS. Ross, Jennings, Keegan, Hodges and M. Martin
S. Printed 4/30/92--H.
Read the first time March 4, 1992.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-6260 SO AS TO PROVIDE THAT IF ANY PERSON IS ARRESTED FOR DRIVING WHILE HIS LICENSE IS CANCELED, SUSPENDED, OR REVOKED, OR FOR DRIVING AN UNINSURED MOTOR VEHICLE, THE ARRESTING OFFICER SHALL TAKE IMMEDIATE POSSESSION OF THE LICENSE PLATE AND REGISTRATION CERTIFICATE OF THE VEHICLE; TO PROVIDE THAT THE PROVISIONS OF THIS SECTION ARE DEEMED TO BE CRIMINAL PROCEDURES SUPPLEMENTED TO, AND NOT IN LIEU OF, ANY PENALTIES IMPOSED BY LAW FOR THESE OFFENSES; TO PROVIDE THAT THE ARRESTING OFFICER SHALL ISSUE A CERTIFICATE TO SERVE AS A TEMPORARY LICENSE PLATE AND REGISTRATION FOR THE VEHICLE FOR A PERIOD OF TEN DAYS; AND TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THE LICENSE PLATE AND REGISTRATION MAY BE RETURNED TO THE OWNER OF THE VEHICLE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 56-5-6260. (A) If any person is arrested for a violation of Section 56-1-460 (driving while license canceled, suspended or revoked) or Section 56-10-270 (driving an uninsured motor vehicle), the arresting officer shall take immediate possession of the license plate and registration certificate of the vehicle and forward it within twenty-four hours to the court having jurisdiction of the offense.
(B) The arresting officer shall issue a certificate at the time of the taking possession of the license plate and registration, the form of which and contents of which must be prescribed by the department, which certificate shall serve as a temporary license plate and registration for the vehicle for a period of ten days.
(C) If the person is arrested for driving while his license is canceled, suspended, or revoked and is also the owner of the vehicle, the license plate and registration on the vehicle, after the ten day period, may be returned to him by the court upon his request if he possesses a valid driver's license not canceled, revoked, or under suspension and upon payment of a twenty-five dollar fee. If the person arrested, upon the expiration of this ten day period, does not possess a valid driver's license not canceled, revoked, or under suspension, the license plate and registration may be returned to another person who under an automobile liability insurance policy currently in force is authorized and insured to drive the vehicle, whose driver's license is not canceled, revoked, or under suspension, and upon payment of a twenty-five dollar fee.
(D) If the person arrested for driving an uninsured vehicle is the owner of the vehicle, he after the ten day period may have the license plate and registration returned to him by the court upon request upon payment of a twenty-five dollar fee and upon proof of insurance or financial responsibility for the vehicle as required by law.
However, the owner of the vehicle, if he was not the driver, may also have the license plate and registration returned to him before or after this ten-day period has expired upon his request without payment of the twenty-five dollar fee upon furnishing of proof of insurance or financial responsibility for the vehicle.
(E) The provisions of this section are deemed to be criminal procedures which are supplemental to, and not in lieu of, any penalties imposed by law for driving while license is canceled, suspended or revoked or driving an uninsured motor vehicle.
(F) Every insuror writing a policy of automobile liability insurance in this State must furnish two proofs of insurance to each insured under the policy."
SECTION 2. Notwithstanding any other provision of Titles 38 or 56 of the 1976 Code, every motor vehicle driven upon the streets, roads, and highways of this State shall contain in the passenger compartment of the vehicle proof of liability insurance in conformity with the requirements of the laws of this State. Such proof shall be on a card as prescribed by the Department of Highways and Public Transportation, which card must be presented to the department in order to obtain a South Carolina driver's license or renewal thereof. Cards to be provided by the carrier.
SECTION 3. This act takes effect upon approval by the Governor.