Current Status Introducing Body:Senate Bill Number:1098 Primary Sponsor:Land Committee Number:15 Type of Legislation:GB Subject:Motor vehicle length, weight Residing Body:Senate Current Committee:Transportation Companion Bill Number:4424 Computer Document Number:DKA/3190AL.94 Introduced Date:19940127 Last History Body:Senate Last History Date:19940127 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Land Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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1098 Senate 19940127 Introduced, read first time, 15
referred to Committee
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TO AMEND SECTION 56-5-4070, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTH OF VEHICLE COMBINATIONS, SO AS TO CHANGE THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 56-5-4170, AS AMENDED, RELATING TO PERMITS FOR EXCESS SIZE AND WEIGHT, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF TRANSPORTATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-4070 of the 1976 Code, as last amended by Section 1430, Act 181 of 1993, is further amended to read:
"Section 56-5-4070. (1) Two or three unit vehicle combinations may be operated on the National System of Interstate and Defense Highways, on those qualifying federal-aid highways so designated by the United States Secretary of Transportation, and other highways as designated by the Department of Public Safety Transportation in accordance with Section 56-5-4075. The Department of Transportation may require warning devices which may be necessary to protect public safety.
When in use on the National System of Interstate and Defense Highways and `other qualifying highways':
(a) a trailer or semitrailer may be operated in a two unit truck tractor-trailer or truck tractor-semitrailer combination in excess of a length of forty-eight feet but no longer than fifty-three feet, inclusive of the load carried on it. A fifty-three foot long trailer must be equipped with a rear underride guard and the distance between the kingpin of the vehicle and the center of the rear axle assembly or to the center of the tandem axle assembly if equipped with two axles must be no greater than forty-one feet;
(b) a trailer or semitrailer, operating in a three unit combination, may not exceed a length of twenty-eight and one-half feet, inclusive of the load carried on it;
(c) auto and boat transporters may not have an overall length in excess of seventy-five feet, exclusive of front and rear overhang; however, front overhang must not exceed three feet and rear overhang must not exceed four feet;
(d) saddle mounts and full mounts may not have an overall length in excess of seventy-five feet.
(2) No motor vehicle, exclusive of truck tractors being used in two or three unit combinations on the National System of Interstate and Defense Highways, on those qualifying federal-aid highways so designated by the United States Secretary of Transportation, and other highways as designated by the Department of Public Safety Transportation in accordance with Section 56-5-4075, may exceed a length of forty feet extreme overall dimension, inclusive of front and rear bumpers and load carried on it, and a motor vehicle, other than a motor home, in excess of thirty-five feet may have not less than three axles, except buses with two axles approved by the Department of Public Safety Transportation.
(3) A combination of vehicles coupled together or especially constructed to transport motor vehicles in a truckaway or driveaway service may tow up to three saddle mounts. No other combination of vehicles coupled together may consist of more than two units, except as permitted by subsection (1) of this section.
(4) Except as permitted by subsection (1) of this section, trailers or semitrailers used within combinations may not exceed a length of forty-eight feet and auto transporters are excluded from trailer length limitations. Auto transporters may be allowed an upper level overhang not to exceed three feet on the front and four feet on the rear.
(5) Except where specifically prohibited in this article, there is no overall length limit on combination vehicles.
(6) Appropriate safety and energy conservation devices and compressors and fuel saving equipment on the front or loading devices on the rear of trailers or semitrailers may not be considered when determining their length for purposes of this section if the overall length limitations of combinations of vehicles is not exceeded."
SECTION 2. Section 56-5-4170 of the 1976 Code, as last amended by Section 1438, Act 181 of 1993, is further amended to read:
"Section 56-5-4170. (a) Subject to the conditions prescribed in subsection (b), the Department of Revenue and Taxation Transportation, in its discretion upon application in writing and good cause being shown that it is in the public interest, may issue special permits 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 state highway. The application for the permit specifically must describe the vehicle and load to be operated or moved and the particular highways for which a permit to operate is requested. A 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 the authority granting the permit. No person may violate any of the terms or conditions of the special permit. The Department of Revenue and Taxation Transportation shall charge a fee of twenty dollars for each permit issued, and fees collected pursuant to this provision must be placed in the state general fund and used for defraying the cost of issuing and administering the permits, and for other highway purposes.
(b) The Department of Revenue and Taxation Transportation may exercise its discretion in issuing permits for the movement of all types of vehicles which exceed the legal size and weight limits, provided that the:
(1) load carried thereon cannot be readily disassembled;
(2) Department of Revenue and Taxation, in conjunction with the Department of Transportation may limit or prescribe conditions of operation of such vehicles;
(3) Department of Revenue and Taxation Transportation may require such insurance or other security as it deems considers necessary; and
(4) movements are made so as not to damage the highways nor unduly interfere with highway traffic.
The following are general provisions applicable to all oversize and overweight loads:
(1) The granting of a permit shall does not constitute a waiver of any license requirements imposed by the State of South Carolina.
(2) The granting of a permit does not waive any liability or responsibility of the applicant which might accrue for any property damage, including damage to the highways, or for personal injuries. (3) The granting of a permit does not exempt the applicant from compliance with any ordinances, rules, and regulations of any city or town.
(4) Before granting any a permit, the Department of Revenue and Taxation Transportation, at its discretion, may require the vehicle owner or operator to furnish a certificate showing the amount of public liability and property damage, insurance carried.
(5) All vehicles shall meet the requirements of all applicable laws and regulations.
(6) Overwidth loads or mobile homes shall must be moved over sections of highways selected by the Department of Transportation.
(7) The Department of Transportation will determine the speeds under which permitted loads are to may operate under.
(8) The driver shall remove the towing vehicle along with the load or mobile home from the traveled way to allow any closely following traffic (five vehicles maximum) to pass and proceed.
Applications for overweight and oversize permits shall must be submitted on forms provided by the Department of Transportation to the Department of Revenue and Taxation and shall must include all the necessary required information required.
Each application shall must be accompanied by the permit fee before it can be issued. The permit fee accompanying any application that is rejected will be returned to the person or company named within the application.
Special oversize and overweight trip permits for movement of vehicles or combinations of vehicles with individual loads thereon in excess of the maximum sizes and weights allowed must receive special consideration by and have prior approval of the Department of Transportation prior to before any part of the move to be undertaken.
In all cases, the State reserves the right to recall or not issue permits in accordance with the above limitations if there is an abuse of the permit or such the permit would cause an unnecessary amount of disruption in the normal traffic flow.
(c) Notwithstanding the exemptions from the provisions of this article provided in Section 56-5-4020, the owner of vehicles or combinations of vehicles used to transport and spread soil improvement products exempted therein from load and size limitations shall obtain an annual special permit from the Department of Revenue and Taxation Transportation which prescribes such limitations on the exemption as the department of Transportation may determine necessary. The fee for such the annual permits shall be permit is five dollars with all such fees to be used as prescribed for other fees collected under this section.
(d) The detailed implementation of this section shall must not be deemed considered to have general applicability to the public as prescribed in Chapter 23 of Title 1 and additional procedures established by the Department of Transportation and the Department of Revenue and Taxation for such implementation shall be are exempt from the requirement of General Assembly approval required by that chapter when such the procedures are established in accordance with the provisions of this section."
SECTION 3. This act takes effect upon approval by the Governor.