South Carolina General Assembly
109th Session, 1991-1992

Bill 947

Indicates Matter Stricken
Indicates New Matter

                    Current Status

Introducing Body:               Senate
Bill Number:                    947
Primary Sponsor:                Setzler
Committee Number:               15
Type of Legislation:            GB
Subject:                        Motor vehicles, rebuilt; regulation
                                and inspection of
Residing Body:                  Senate
Current Committee:              Transportation
Computer Document Number:       DKA/3026.AL
Introduced Date:                Apr 30, 1991
Last History Body:              Senate
Last History Date:              Apr 30, 1991
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Setzler
Type of Legislation:            General Bill


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 947   Senate  Apr 30, 1991  Introduced, read first time,    15
                             referred to Committee

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

SECTION 1. The 1976 Code is amended by adding:

"Article 38

Regulation and Inspection of

Rebuilt Motor Vehicles

Section 56-5-5500. A motor vehicle that is to be rebuilt must be photographed and inspected first by the department. The inspection is to be conducted by the department at the rebuilder's place of business no more than eight working days from receipt of the request for inspection. If the department fails to inspect the vehicle within eight working days, the right to preinspection is waived.

Section 56-5-5510. Records of each rebuilt vehicle must be maintained by the rebuilder and receipts for all parts used to rebuild a vehicle must be available for review by the department upon request. The records must include the vehicle identification number of the vehicle from which parts were removed when the parts are used to rebuild a vehicle. The records must show the true name and correct address of the person for whom the vehicle is rebuilt, a correct description of the motor vehicle, photographs of the vehicle taken pursuant to Section 56-5-5500, and inspection certificates. The description of the motor vehicle must include the vehicle identification number, make, model, type of body, and odometer reading at the time the vehicle is rebuilt. These records must be open at all reasonable times for inspection and copying by the department or its authorized agents.

Section 56-5-5520. (A) After a vehicle has been rebuilt at the rebuilder's facility, it physically must be inspected by the department at the rebuilder's place of business or at a centrally located point designated by the department. A fee of fifty dollars must be paid at the time of inspection. If it is necessary for the department to use a private facility lift for inspection, a fee not to exceed thirty-five dollars for use of the lift must be remitted by the person who rebuilt the vehicle directly to the private facility.

(B) Upon the inspector's determination that the rebuilt vehicle is rebuilt properly to original tolerances, a final certificate of inspection will be issued by the department. This certificate may be used by the rebuilder to obtain a new title for the motor vehicle free of the salvage designation. Salvage vehicles with salvage titles or certificates from foreign states may be issued a new title free of the salvage designation provided they are rebuilt by licensed South Carolina rebuilders and inspected by the department for retitling purposes. This subsection is pursuant to Section 56-19-480 regarding the percentage of repair.

Section 56-5-5530. (A) Before engaging in business as a rebuilder in this State, a person first must make application to the department for a license. Each license issued must be renewed annually twelve months from the date of issuance and displayed prominently at the established place of business. The fee for the license is twenty-five dollars. The license applies to only one place of business of the applicant and is not transferable to another person or place of business. To be eligible for a license, a person must have one year's experience either as a rebuilder or as an apprentice working with a licensed rebuilder.

(B) If, during any license year, there is any change in the information that a rebuilder gave the department in obtaining or retaining a license, under this section, the licensee shall report the change to the department within thirty days after the change occurs on the form the department requires.

(C) In the event a licensee ceases being a rebuilder, within ten days, he shall notify the department of this fact and return to the department any license issued pursuant to this article.

Section 56-5-5540. No person may be issued or allowed to maintain a rebuilder's license unless:

(1) a bona fide established place of business for rebuilding motor vehicles is maintained. A bona fide established place of business for a rebuilder includes a permanent building or structure with at least three hundred square feet of shop space dedicated to rebuilding motor vehicles, office space where the public may contact the owner or operator at all reasonable times, and in which must be kept and maintained the books, records, and files of the business. A bona fide established place of business does not mean a residence, tent, temporary stand, or other temporary quarters;

(2) the bona fide place of business displays a permanent sign with letters at least six inches in height, clearly readable from the nearest major avenue of traffic.

Section 56-5-5550. (A) A license issued under this article may be denied, suspended, or revoked if the applicant or licensee is determined by the department to have:

(1) made a material misstatement in the application for the license;

(2) been found by a court of competent jurisdiction to have committed any fraud connected with the rebuilding of a motor vehicle;

(3) employed fraudulent devices, methods, or practices in connection with meeting the requirements placed on rebuilders.

(B) A licensee determined by the department to have violated the provision of this act or refused or failed to comply with the department's reasonable requests to inspect or copy the records, books, and files of the rebuilder or failed to maintain records of each transaction as required by this article may have the license suspended for:

(1) thirty to sixty days or fined not more than two hundred dollars or imprisoned not more than thirty days for the first offense;

(2) sixty to ninety days or fined not more than one thousand dollars or imprisoned not more than sixty days for the second offense;

(3) ninety to one hundred twenty days, fined not less than one thousand dollars nor more than fifteen hundred dollars, or imprisoned not more than one year for the third offense.

The department shall notify the licensee or applicant in writing at the mailing address provided in his application of its intention to deny, suspend, or revoke his license at least twenty days in advance and shall provide the licensee an opportunity for a hearing pursuant to the Administrative Procedures Act of this State. A licensee desiring a hearing shall request it in writing within ten days of receiving notice of the proposed denial, suspension, or revocation of the rebuilder's license.

Upon the denial, suspension, or revocation of a license, the licensee shall return immediately to the department the license.

(C) The failure to obtain a license required by this article is a misdemeanor and, upon conviction, the person must be imprisoned not more than six months or fined not more than five hundred dollars, or both. A person who is convicted pursuant to this section must not be issued a license under this article."

SECTION 2. The Department of Highways and Public Transportation is authorized to hire eight additional full time equivalent inspectors for the purpose of carrying out the provisions of Section 1.

SECTION 3. This act takes effect upon approval by the Governor.