Current Status Introducing Body:Senate Bill Number:1139 Primary Sponsor:Leventis Committee Number:15 Type of Legislation:GB Subject:Motor vehicle inspection Residing Body:Senate Current Committee:Transportation Computer Document Number:DKA/3223AL.94 Introduced Date:19940208 Last History Body:Senate Last History Date:19940208 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Leventis Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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1139 Senate 19940208 Introduced, read first time, 15
referred to Committee
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TO AMEND ARTICLE 37, CHAPTER 5, TITLE 56, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSPECTION OF VEHICLES, SO AS TO DELETE PROVISIONS RELATING TO ANNUAL INSPECTION OF VEHICLES, TO DELETE PROVISIONS FOR LICENSING INSPECTION STATIONS, TO PROVIDE THAT A VEHICLE THAT IS NOT IN PROPER CONDITION MUST BE INSPECTED UPON NOTICE BY THE DEPARTMENT OF PUBLIC SAFETY, TO PROVIDE FOR AN INSPECTION STATION IN EACH COUNTY TO CONDUCT THE INSPECTION, AND TO IMPOSE AN ADDITIONAL THREE DOLLAR FEE ON REGISTRATION OF VEHICLES TO BE REMITTED TO THE DEPARTMENT OF PUBLIC SAFETY FOR ADMINISTRATION AND ENFORCEMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 37, Chapter 5, Title 56 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
Section 56-5-5310. No It is unlawful for a person shall to drive or move on any highway any a vehicle on the highway unless the equipment thereon on the vehicle is in good working order and adjustment as required in this chapter and the vehicle is in such a safe mechanical condition so as not to endanger the driver, or other occupant, or any a person upon the highway.
Section 56-5-5320. (a) Any An officer of the department authorized to administer or enforce the motor vehicle laws of the State, may at any time upon reasonable cause to believe that a vehicle is unsafe, or not equipped as required by law, or that its equipment is not in proper adjustment or repair, may require the driver of such the vehicle to stop and submit such the vehicle to an inspection and such test with reference thereto as may be appropriate testing to determine that such vehicle and equipment are in safe operating conditions and that they comply with the requirements of this chapter. Such authority, however, shall be limited to The inspection of such the vehicle for is limited to brakes, lights, horn, tires, and windshield wiper wipers, and shall not authorize the a search of the vehicle or the occupants thereof for any other purpose without due process of law. Evidence of the commission of an unlawful act, procured by such the inspection and such test, shall is not be admissible in any a criminal prosecution except such as may be provided for in this article.
(b) In the event such the vehicle is found to be in an unsafe condition, or any required part or equipment is not present or is not in proper repair and adjustment, the officer shall give a written notice to the driver and shall send a copy to the department. The notice shall require that such the vehicle must be placed in safe condition and its equipment in proper repair and adjustment, specifying the particulars with reference thereto, and that a certificate of inspection and approval must be obtained from an officer of the department within ten days.
Section 56-5-5330. (A) No person driving a vehicle shall refuse to submit such the vehicle to an inspection and test when required to do so by the department, or an authorized officer, or employee thereof.
(B) Every An owner or a driver, upon receiving a notice as provided in Section 56-5-5320, shall comply therewith, and shall, within ten days, shall comply with the notice and secure an official certificate of inspection and approval from an officer of the department. which shall The certificate must be issued in triplicate, one copy to be retained by the owner, one copy to be retained by the inspecting officer, and the other copy to be forwarded to the department. In lieu Instead of compliance with the provisions of this subsection section, the vehicle shall must not be operated except as provided in subsection (C). and Each day upon which such the vehicle is operated over any on a highway of this State after failure to comply with this section shall constitute constitutes a separate offense.
(C) No person shall operate any an unsafe or dangerous vehicle after receiving a notice with reference thereto as above provided except as may be necessary to return such the vehicle to the residence or place of business of the owner or driver, at the discretion of the officer, or to a garage or service station, until such the vehicle and its equipment has been placed in proper repair and adjustment and otherwise made to conform to the requirements of Article 35 of this chapter.
(D) In the event repair or adjustment of any a vehicle or its equipment is found necessary upon inspection needs repair or adjustment, the owner of the vehicle may obtain such the repair or adjustment at any place he may choose chooses; but in every event an official certificate of inspection and approval from an officer of the department must be obtained, otherwise such the vehicle shall must not be operated upon the highways of this State.
(E) Any A person who wishes to may make his own repairs may do so.
Section 56-5-5340. The Department of Revenue and Taxation shall not register a used vehicle for the first time unless the application therefor is accompanied by a copy of a certificate of inspection as provided for in this article and made out in the name of the new owner. The limitations of inspection, conditions of repair and use of defective vehicles provided for in this article shall apply to such a used vehicle.
Section 56-5-5350. (a) The department shall require that every vehicle registered in this State, except house trailers, shall be inspected at least once a year and have displayed at all times a department-approved certificate of inspection and approval in a practical location specified by the department. No person shall drive or move on any highway any vehicle, except house trailers, unless there shall be in effect and properly displayed thereon a current certificate of inspection.
(b) Such inspection shall be made of every such vehicle and such certificates obtained with respect to the mechanism, lights, tires, brakes, and equipment of such vehicle as shall be designated by the department.
(c) The Department of Revenue and Taxation may accept a certificate of inspection and approval issued by a qualified agency or department of another state and shall except from the provisions of this article all vehicles subject to the United States Department of Transportation federal motor carrier safety regulations.
(d) The Department of Revenue and Taxation shall suspend the registration of any a vehicle which it determines is in such an unsafe condition so as to constitute a menace to safety and which, after notice and demand, is not equipped, as required in this article, and for which a required certificate has not been obtained.
(e) The Department of Revenue and Taxation, before registering and titling a vehicle, shall require that the application therefor be accompanied by an official certificate of inspection and approval issued for the vehicle by an inspection station licensed to inspect vehicles in this State.
(f) No motor vehicle shall be sold in South Carolina without having a valid South Carolina inspection stamp affixed before delivery to the buyer.
Section 56-5-5360. (a) The department shall designate and approve official inspection stations and is authorized to issue annual permits therefor upon application therefor and payment of the required fee. Motor fleet inspection stations, licensed under this article, shall not be required to inspect vehicles for the general public. The department shall furnish instructions and all necessary forms to official inspection stations for the inspection of vehicles as herein required in the issuance of official certificates of inspection and approval.
(b) Application for license must be made on an official form and must be granted only when the department is satisfied that the station is properly equipped and has competent personnel to make the inspections and will be properly conducted. A fee of ten dollars must be charged for every official inspection station permit issued, or a renewal thereof; provided, that no fee may be charged to official inspection stations of the state, county, or other political subdivision for garages maintained for the upkeep and maintenance of public-owned vehicles. Any garage or station being refused the right to issue certificates of inspection upon request must be granted a hearing by the department.
(c) The official inspection stations shall issue a certificate of inspection and approval upon an official form to the owner of a vehicle upon inspecting such vehicle and determining that its equipment required under the provisions of this article is in good condition and proper adjustment, otherwise no certificate shall be issued. When required by the department records and reports shall be made of every inspection and every certificate to be issued.
(d) Official inspection stations may charge a fee of not more than two dollars and fifty cents for each inspection and fifty cents for the issuance of inspection certificates. Provided, that if any vehicle does not pass inspection at any station and is taken to another place to have such defect corrected, the fee shall not be charged again provided the motor vehicle is taken to the station which originally made the inspection. Inspection forms shall be prepared by the department and furnished to inspection stations at a cost of fifty cents each.
(e) The department shall properly supervise and cause inspections to be made of the stations' and vehicle inspectors' performance and may, after reasonable notice, suspend or revoke and require the surrender of the license issued to a station and the permit issued to a vehicle inspector which it finds is not properly equipped or conducted. The department shall maintain and post at its office, lists of all stations issued licenses and vehicle inspectors issued permits and of those licenses and permits that have been suspended or revoked.
Monetary penalties which may be imposed separately upon a vehicle inspection station or a vehicle inspector in lieu of suspension or revocation are as follows:
For a first offense Not less than twenty-five dollars nor more than one hundred dollars
For a second offense Not less than fifty dollars nor more than one hundred dollars
For a third offense Not less than one hundred dollars nor more than two hundred dollars
For a fourth and each Not less than five hundred subsequent offense dollars nor more than two thousand dollars
(f) Official inspection stations and vehicle inspectors whose licenses or permits are suspended or revoked under the provisions of this section may request in writing a hearing and upon receipt of the request the department shall schedule a hearing pursuant to the Administration Procedures Act. The hearing must be in the county where the permittee resides unless the department and the licensee or permittee agree that the hearing may be held in some other county. The review may be held by a duly authorized agent of the department. Upon the hearing the department shall either rescind its order of suspension or revocation or, good cause appearing, may continue, modify, or extend the suspension or revocation order of the licensee or permittee. The department may impose a monetary penalty against the inspection station and the vehicle inspector in lieu of suspension or revocation. Failure to pay the monetary penalty shall result in suspension or revocation of the license of the inspection station or permit of the vehicle inspector.
Any inspection station whose agents and employees falsely or fraudulently specify work to be done or parts to be installed shall, in addition to suspension or revocation of its license, be fined the sum of one hundred dollars and the cost of any labor or parts unnecessarily done or installed must be refunded to the vehicle owner.
(g) All such fees collected by the department shall be credited to the state general fund.
Section 56-5-5370. No person shall in any manner represent any place as an official inspection station or issue a certificate of inspection unless it is licensed and operating under a valid permit as provided for in this article.
Section 56-5-5380. The inspection of any a vehicle under the provisions of this article and issuance of an official certificate of such inspection therefor shall must not be construed in any courts as a warranty of the mechanical condition of the vehicle inspected, and no such. A certificate shall must not be offered as evidence for an exhibit in the trial of any a civil case. The failure to discover any a defect in any a vehicle in the course of an inspection under the provisions of this article shall must not be made the basis of an action for damages in any court.
Section 56-5-5390. (a) No person shall make, or knowingly use or knowingly give or sell to any other person, any imitation or counterfeit of an official certificate of inspection.
(b) No person shall display, or cause or permit to be displayed upon any vehicle, or give or sell to any other person, any certificate of inspection knowing it to be fictitious or issued for another vehicle or issued without a complete inspection complying with the regulations established by the Department having been made.
(c) No person shall knowingly possess any imitation or counterfeit of an official certificate of inspection nor shall any person knowingly possess any official certificate of inspection which was not properly issued by the Department to such person or an official vehicle inspection station by which such person is employed, or which was not properly issued to such person by an official vehicle inspection station.
(d) Any person violating provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished as follows:
(1) By a fine of not less than fifty dollars nor more than one hundred dollars or imprisonment for not more than thirty days, for the first offense;
(2) By a fine of not less than one hundred dollars nor more than two hundred dollars or imprisonment for not less than ten days nor more than thirty days, for the second offense;
(3) By a fine of not less than five hundred dollars nor more than two thousand dollars or imprisonment for not less than thirty days nor more than six months, or both, for the third offense;
(4) By a fine of not less than two thousand dollars nor more than ten thousand dollars or imprisonment for not less than ninety days nor more than two years, or both, for the fourth and any subsequent offenses.
For the purposes of this section, the mishandling of each certificate of inspection constitutes a separate offense. Such penalties are in addition to the administrative penalties which may otherwise be imposed by the Department.
Section 56-5-5400. The department and the Department of Revenue and Taxation is authorized to promulgate rules and regulations for the administration and enforcement of this article; provided, that in the rules and regulations no. The regulations must not name or designate a specific brand or type of equipment shall be named or designated as inspection equipment, and only standards of performance shall must be set. Provided, further, that the rules and The regulations shall must be so drawn so as not to provide a monopoly of one make of equipment. When these rules and regulations are duly promulgated they shall have the full force and effect of law.
Section 56-5-5410. In addition to the fees collected pursuant to Chapter 3 of this title for registration of motor vehicles, the Department of Revenue and Taxation shall collect three dollars to be remitted to the Department of Public Safety for the purpose of administering and enforcing the provisions of this article,. The Department of Public Safety may hire necessary and qualified personnel and purchase the necessary equipment and vehicles.
Section 56-5-5420. On the recommendation of the county legislative delegation, the Department of Public Safety shall maintain at the county highway maintenance shop in each county an inspection station and shall inspect and issue certificates at such shop at the same cost to the motor vehicle owner as is charged by private garages, provided, that. If it is not feasible to use the maintenance shop, then some other suitable existing facility in the county may be used. Provided, the above shall apply when there are less than five licensed inspection stations in a county.
Provided, that any owner of a motor vehicle may file a complaint, after his vehicle has been inspected by an official inspection station, either before or after repairs have been made as required by the inspection, with the department, and the department shall forthwith investigate such complaint and may revoke or suspend the license of any official inspection station found to be improperly conducted and may require the refund to the owner of the inspection fee, if it is determined that the complaint was justified.
Section 56-5-5430. Any A person whose registration has been suspended or any official inspection station or mechanic whose license has been suspended or revoked under the provisions of Sections Section 56-5-5350 to 56-5-5440, may, within ten days after notice of suspension or within ten days after notice of the result of the review, if such review is requested and held, may apply to the resident or presiding circuit judge of the circuit in which the person or station is located, or any other court of competent jurisdiction in which the person or station is located, either at chambers or open court, for a review upon the record, certified to by the Director of the Department of Public Safety, to determine if the action taken by the department is lawful and in accordance with the provisions of Sections 56-5-5350 to 56-5-5440.
Section 56-5-5440. Any A person violating who violates the provisions of this article shall must be punished in the same manner as provided for in Section 56-5-6190, unless otherwise provided.
Section 56-5-5670. (a) Any demolisher who purchases or otherwise acquires a vehicle for purposes of wrecking, dismantling or demolition shall not be required to obtain a certificate of title for such vehicle in his own name. After the vehicle has been demolished, processed, or changed so that it physically is no longer a motor vehicle, the demolisher shall surrender for cancellation the certificate of title or auction sales receipt or disposal authority certificate. The Department of Revenue and Taxation shall issue such forms, rules and regulations governing the surrender of auction sales receipts, disposal authority certificates, and certificates of title as are appropriate.
(b) A demolisher shall keep an accurate and complete record of all abandoned motor vehicles purchased or received by him in the course of his business. These records shall contain the name and address of the person from whom each vehicle was purchased or received and the date when such purchases or receipts occurred. The records shall be open for inspection by any police officer at any time during normal business hours. Any record required by this section shall be kept by the demolisher for at least one year after the transaction to which it applies."
SECTION 2. This act takes effect upon approval by the Governor.