Current Status Bill Number:1052 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19960123 Primary Sponsor:Land All Sponsors:Land Drafted Document Number:dka\3448cm.96 Residing Body:Senate Subject:School buses, commercial licenses
Body Date Action Description Com Leg Involved
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Senate 19960328 Committee report: Favorable with 15 ST
amendment
Senate 19960123 Introduced, read first time, 15 ST
referred to Committee
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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 28, 1996
S. 1052
S. Printed 3/28/96--S.
Read the first time January 23, 1996.
To whom was referred a Bill (S. 1052), to amend the Code of Laws of South Carolina, 1976, by adding Section 56-1-2155 so as to provide the content of the school bus, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, Section 56-1-2155, SECTION 1, page 2, by adding after the /./ on line 39:
/Tests for the operation of a church bus or day care vehicle may not include the examination for airbrake nor be required to use a Class B vehicle./
Amend further, Section 56-1-2030(30), SECTION 2, page 3, by deleting beginning on line 18 /For the purposes of this section a school activity bus is operated by a school bus driver./ and inserting:
/For the purposes of this section a school activity or church bus, or day care vehicle is operated by a school bus driver and is defined as a school bus./
Amend further, Section 56-1-2090(A), SECTION 6, page 7, line 38, by striking /public/ and inserting: /public/.
Amend title to conform.
JOHN C. LAND, III, for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2155 SO AS TO PROVIDE THE CONTENT OF THE SCHOOL BUS RESTRICTED AND SCHOOL ENDORSEMENT COMMERCIAL DRIVER'S LICENSE TESTS, TO REQUIRE A SCHOOL BUS DRIVER TO COMPLETE INSERVICE TRAINING, TO REQUIRE THE DEPARTMENT OF EDUCATION TO APPROVE THE CONTENT OF THE SCHOOL BUS RESTRICTED AND THE SCHOOL ENDORSEMENT COMMERCIAL DRIVER'S LICENSE TESTS, TO PROVIDE THE COST FOR TRAINING, PERMITTING, AND TESTING NECESSARY TO OBTAIN A SCHOOL BUS RESTRICTED COMMERCIAL DRIVER'S LICENSE, TO PROVIDE THE FEE STRUCTURE FOR THE SCHOOL ENDORSEMENT COMMERCIAL DRIVER'S LICENSE, AND TO REQUIRE APPLICANTS FOR THE SCHOOL BUS OR SCHOOL ENDORSEMENT COMMERCIAL DRIVER'S LICENSES TO COMPLETE A MEDICAL EXAM; TO AMEND SECTIONS 56-1-2030, AS AMENDED, 56-1-2050, AS AMENDED, 56-1-2070, 56-1-2080, 56-1-2090, 56-1-2100, AS AMENDED, 56-1-2110, AS AMENDED, AND 56-1-2150 RELATING TO THE SOUTH CAROLINA COMMERCIAL DRIVER LICENSE ACT, SO AS TO INCLUDE DEFINITIONS FOR "SCHOOL BUS DRIVER" AND "INSTRUCTOR OF DRIVER TRAINING AND SAFETY"; TO REQUIRE THE OPERATOR OF A SCHOOL BUS INVOLVED IN A TRAFFIC VIOLATION TO PROVIDE HIS EMPLOYER THIS INFORMATION, AND TO PROHIBIT A SCHOOL BUS DRIVER WHO VIOLATES THIS PROVISION FROM OPERATING A SCHOOL BUS; TO REQUIRE A PERSON WHO OBTAINS A COMMERCIAL DRIVER'S LICENSE TO OPERATE A SCHOOL BUS TO OBTAIN A SCHOOL BUS RESTRICTED OR A SCHOOL BUS ENDORSEMENT COMMERCIAL DRIVER'S LICENSE; TO SPECIFY WHO MAY ADMINISTER THE SCHOOL BUS RESTRICTED COMMERCIAL DRIVER'S LICENSE AND THE SCHOOL ENDORSEMENT FOR A COMMERCIAL DRIVER'S LICENSE SKILLS TESTS, AND TO PROHIBIT A SCHOOL BUS DRIVER FROM WAIVING THE SKILLS TESTS; TO REVISE THE FEE A PUBLIC SCHOOL BUS DRIVER MUST PAY TO OBTAIN A SCHOOL BUS RESTRICTED COMMERCIAL DRIVER'S LICENSE, AND TO PROVIDE THE PROCEDURE, THE ISSUANCE, AND RENEWAL OF COMMERCIAL DRIVER'S LICENSES, SCHOOL BUS DRIVER CERTIFICATIONS, SCHOOL BUS COMMERCIAL DRIVER'S LICENSES, AND SCHOOL ENDORSEMENT COMMERCIAL DRIVER'S LICENSES; TO REQUIRE A PERSON ISSUED A LICENSE WITH A SCHOOL BUS RESTRICTION TO ONLY OPERATE A SCHOOL BUS; TO DISQUALIFY PERSONS WHO HAVE COMMITTED CERTAIN ACTS TO BE DISQUALIFIED FROM OPERATING A SCHOOL BUS; TO PROVIDE THE TESTING A PERSON WHO HAS BEEN ISSUED A COMMERCIAL DRIVER'S LICENSE IN ANOTHER STATE MUST RECEIVE TO BE PERMITTED TO OPERATE A SCHOOL BUS IN THIS STATE, AND TO REQUIRE THE DEPARTMENT OF REVENUE AND TAXATION AND THE DEPARTMENT OF EDUCATION TO DETERMINE WHETHER ANOTHER STATE'S TESTING PROCEDURE IS ACCEPTABLE; AND TO PROVIDE THAT THE TERM "DRIVER LICENSE" SHALL MEAN "DRIVER'S LICENSE" WHEREVER IT APPEARS IN THE CODE AND TO PERMIT THE CODE COMMISSIONER TO MAKE THE APPROPRIATE CHANGES IN THE CODE TO CONFORM WITH THIS PROVISION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 56-1-2155. The written and skills tests for the school bus restricted and school endorsement commercial driver's licenses must examine the elements necessary to evaluate the driver's competency to operate a school bus. The school bus restricted and the school endorsement commercial driver's licenses written and skills tests must examine for airbrake and a single vehicle with a gross vehicle weight rating of 26,001 or more pounds (Class B) vehicles. The Department of Education shall issue regulations requiring school districts to conduct ten hours of annual inservice training for each school bus driver. The content of the school bus restricted and the school endorsement commercial driver's license tests must require the approval of the Department of Education. The training, commercial driver's license permitting, and testing necessary to obtain a school bus restricted commercial driver's license may not cost the applicant more than the regular driver's license renewal fee. Applicants that are tested for the school endorsement commercial driver's license must be subject to the department's regular commercial driver's license fee structure. Before the school bus restricted or the school endorsement commercial driver's licenses are issued by the department, the applicant shall complete an approved United States Department of Transportation medical exam."
SECTION 2. Section 56-1-2030 of the 1976 Code, as last amended by Act 149 of 1993, is amended by adding at the end:
"(30) `School bus driver' means the operator of a vehicle defined in Section 59-67-30 or a motor vehicle owned by a public or private entity that is operated for the transportation of children to or from public school and public school related activities. For the purposes of this section a school activity bus is operated by a school bus driver.
(31) `Instructor of driver training and safety' means an employee of the Department of Education or school district that is hired for the primary purpose of training and issuing the knowledge and skills of school bus drivers. These instructors must be trained and certified by the department to only train, issue permits, and test for the school bus restricted and the school endorsement commercial driver's licenses. Instructors of driver training and safety that have been certified by the department as third-party testers before July 1, 1995, shall have the authority, without further training or testing by the department, to train, issue permits, conduct written and skills tests for the commercial driver's license and to certify the issuance of the school bus restricted or school endorsement commercial driver's licenses to the department."
SECTION 3. Section 56-1-2050 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 56-1-2050. (A) Notification of Convictions.
(1) A driver holding a commercial driver driver's license issued by this State, who is convicted of violating a state law or local ordinance relating to motor vehicle traffic control in any other another state, other than a parking violation, shall notify the Department of Public Safety in the manner specified by the Department of Public Safety within thirty days of conviction. The operator of a school bus involved in a traffic violation must notify his employer before operating a school bus on the next working day.
(2) A driver holding a commercial driver driver's license issued by this State, who is convicted of violating a state law or local ordinance relating to motor vehicle traffic control in this or any other another state, other than a parking violation, shall notify his employer in writing of the conviction within thirty days of the conviction.
(B) A driver whose commercial driver driver's license is suspended, revoked, or canceled by a state, or who loses the privilege to drive a commercial motor vehicle in any state for any period, including being disqualified from driving a commercial motor vehicle, or who is subject to an out-of-service order, shall notify his employer of that fact before the end of the business day following the day the driver received notice of that fact. A school bus driver who violates this subsection may not operate a school bus.
(C) A person who applies to be a commercial motor vehicle driver shall provide the employer, at the time of the application, with the following information for the ten years preceding the date of application:
(1) a list of the names and addresses of the applicant's previous employers for which the applicant was a driver of a commercial motor vehicle;
(2) the dates between which the applicant drove for each employer;
(3) the reason for leaving that employer;
(4) any additional information required by the employer;
(5) certification that all information furnished is true and complete."
SECTION 4. Section 56-1-2070 of the 1976 Code is amended to read:
"Section 56-1-2070. (A) Except as provided in subsection (B) or when driving under a commercial driver driver's instruction permit and accompanied by the holder of a commercial driver driver's license valid for the vehicle being driven, no a person may not drive a commercial motor vehicle on the highways of this State after April 2, 1992, unless the person has been issued, and is in immediate possession of, a valid commercial driver driver's license and applicable endorsements valid for the vehicle which the person is driving.
(B) The following persons may operate commercial motor vehicles without a commercial driver's license:
(1) active duty military personnel and reservists and National Guard members who are on active duty while operating vehicles owned by the United States government, unless they are required by the owner of the vehicle to have a valid state driver's license;
(2) operators of a farm vehicle which is:
(a) controlled and operated by a farmer;
(b) used to transport agricultural products, farm machinery, farm supplies, or a combination of them to or from a farm;
(c) not used in the operation of a common or contract motor carrier; and
(d) used within one hundred fifty miles of the person's farm.
(3) persons operating authorized emergency vehicles as defined in Section 56-5-170.
(4) operators of recreational vehicles used solely for personal use.
(C) No A person may not drive a commercial motor vehicle on the highways of this State while his commercial driver driver's license or privilege to drive is suspended, revoked, or canceled, while subject to a disqualification, or in violation of an out-of-service order.
(D) A person who obtains a commercial driver's license to operate a school bus after October 1, 1995, must be required to obtain a school bus restricted or a school endorsement commercial driver's license.
(E) A person violating these requirements must be punished as though convicted of a violation of Section 56-1-460."
SECTION 5. Section 56-1-2080 of the 1976 Code is amended to read:
"Section 56-1-2080. (A) (1) No A person may not be issued a commercial driver driver's license unless that person is a resident of this State and has passed a knowledge and skills test for driving a commercial motor vehicle which complies with the minimum federal standards established by 49 C.F.R. part 383, subparts G and H, and has satisfied all other requirements of the CMVSA as well as any other requirements imposed by state law or federal regulation. The tests must be prescribed and conducted by the Department of Revenue and Taxation. The written and skills tests for the school bus restricted and the school endorsement commercial driver's license must be administered by the Department of Education's instructors of driver training and safety or designees of the Department of Revenue and Taxation.
(2) The Department of Revenue and Taxation may authorize a person, including an agency of this or another state, an employer, or a department, agency, or instrumentality of local government, to administer the skills test specified by this section if:
(a) the test is the same which otherwise would be as administered by the department; and
(b) the third party has entered into an agreement with the department which contains at least the following provisions:
(i) authorization for the department or the Federal Highway Administration or its representatives to conduct random examinations, inspections, and audits without prior notice;
(ii) permission for the department or its representative to conduct onsite inspections at least annually;
(iii) a requirement that all third-party examiners meet the same qualifications and training standards as the department's examiners to the extent necessary to conduct the driving skill tests skills test;
(iv) authorization for the department to charge a fee, as determined by the department, which is sufficient to defray the actual costs incurred by the department for administering and evaluating the employer testing program and for carrying out any other activities considered necessary by the department to assure sufficient training for the drivers participating in the program.
(B) The department may waive the skills test specified in this section for a commercial driver driver's license applicant:
(1) whose driver's license has not been suspended or revoked within the previous two years;
(2) who has no more than four points against his driving record within the previous two years;
(3) who has not contributed to an accident within the previous two years;
(4) who has been licensed to operate the class of motor vehicle for which he is applying for a minimum of two years or who can provide proof that he was operating those vehicles for two years immediately preceding the date of application.;
(5) who is not a school bus driver.
(C) A commercial driver driver's license or commercial driver driver's instructional permit may not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle or while the person's driver's license is suspended, revoked, or canceled in any state, nor may a commercial driver driver's license be issued to a person who has a commercial driver driver's license issued by any other another state unless the person first surrenders all those licenses, each of which must be returned to the issuing state for cancellation.
(D) (1) A commercial driver driver's instruction permit may be issued to an individual who holds a valid Class `D' license or who has passed the appropriate vision and written test for the type of commercial driver driver's license sought.
(2) The holder of a commercial driver driver's instruction permit, unless otherwise disqualified, may drive a commercial motor vehicle but only when accompanied by the holder of a commercial driver driver's license with applicable endorsements which is valid for the type of vehicle driven, and who occupies a seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle.
(3) The commercial driver driver's instruction permit may not be issued for longer than six months. Only one renewal or reissuance may be granted within a two-year period."
SECTION 6. Section 56-1-2090 of the 1976 Code is amended to read:
"Section 56-1-2090. (A) The application for a commercial driver driver's license or commercial driver driver's instruction permit must include:
(1) the full name and both the current mailing and residential address of the person;
(2) a physical description of the person including sex, height, and weight;
(3) date of birth;
(4) the applicant's Social Security number;
(5) the person's signature;
(6) the person's consent to be photographed;
(7) certifications including those required by 49 C.F.R. part 383.71(a);
(8) any other information required by the department;
(9) a consent to release driving record information; and
(10) a nonrefundable application fee of fifteen dollars, except for public school bus drivers applying for a school bus restricted commercial driver's license who must be charged only the regular driver's license renewal fee.
(B) When the holder of a commercial driver driver's license changes his name, mailing address, or residence, an application for a renewal license must be made as provided in Section 56-1-230.
(C) No A person who has been a resident of this State for thirty days or longer may not drive a commercial motor vehicle under the authority of a commercial driver driver's license or commercial driver driver's instruction permit issued by another state.
(D) A person who knowingly falsifies information or certifications required under subsection (A) of this section is subject to cancellation of his commercial driver driver's license and may not obtain a commercial driver driver's license or commercial driver driver's instruction permit for at least sixty consecutive days after the time he otherwise would be eligible for a commercial driver driver's license or commercial driver driver's instruction permit.
(E) The Department of Revenue and Taxation and the Department of Education are authorized to issue a commercial driver's license and School Bus Driver Certifications until October 1, 1995. After this date, upon the expiration of a school bus restricted commercial driver's license or certificate, the driver shall obtain either a valid school bus restricted or a school endorsement commercial driver's license."
SECTION 7. Section 56-1-2100(B)(2) and (3) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(2) Endorsements: school bus operation; transporting hazardous material; and tank vehicle endorsements.
(3) Restrictions:
`K' restricts the driver to vehicles not equipped with airbrakes, and school bus (SB) restricts the driver to only operate a school bus."
SECTION 8. Section 56-1-2110(A) of the 1976 Code is amended to read:
"(A) A person is disqualified from driving a commercial motor vehicle for not less than one year if convicted of a first violation of:
(1) driving a commercial motor vehicle under the influence of alcohol, a controlled substance, or a drug which impairs driving ability;
(2) driving a commercial motor vehicle while the alcohol concentration of the person's blood or breath or other bodily substance is four-one hundredths or more;
(3) knowingly and wilfully leaving the scene of an accident involving a commercial motor vehicle driven by the person;
(4) using a commercial motor vehicle in the commission of a felony as defined in this article;
(5) refusal to submit to a test to determine the driver's alcohol concentration while driving a commercial motor vehicle.
If any of the above violations occur while operating a school bus or transporting a hazardous material required to be placarded, the person is disqualified for not less than three years."
SECTION 9. Section 56-1-2150 of the 1976 Code is amended to read:
"Section 56-1-2150. A person may drive a commercial motor vehicle if the person has a commercial driver driver's license issued by a state in accordance with the minimum federal standards for the issuance of commercial motor vehicle driver driver's licenses, if the person's license is not suspended, revoked, or canceled and if the person is not disqualified from driving a commercial motor vehicle.
A person may drive a school bus with a commercial driver's license issued by another state if he has received special written and skills testing. The reciprocity of another state's school bus testing must be determined by both the Department of Revenue and Taxation and the Department of Education."
SECTION 10. Wherever the term "commercial driver license" appears in Article 13, Chapter 1 of Title 56, or elsewhere in the 1976 Code, it is construed to mean "commercial driver's license" unless the context clearly indicates otherwise, and the Code Commissioner is authorized to make appropriate changes in the 1976 Code to conform with this provision.
SECTION 11. This act takes effect upon approval by the Governor.