Current Status Bill Number:1055 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19960124 Primary Sponsor:Greg Smith All Sponsors:Greg Smith, Giese and Drummond Drafted Document Number:res9878.gs Residing Body:Senate Current Committee:Transportation Committee 15 ST Subject:Graduated Driver Licensing Act
Body Date Action Description Com Leg Involved
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Senate 19960124 Introduced, read first time, 15 ST
referred to Committee
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TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVER'S LICENSES, BY ADDING ARTICLE 15, SO AS TO PROVIDE FOR THE GRADUATED LICENSING OF DRIVERS UNDER THE AGE OF EIGHTEEN AND TO PROVIDE THAT A DRIVER UNDER THE AGE OF TWENTY-ONE IS PROHIBITED FROM DRIVING OR ATTEMPTING TO DRIVE A MOTOR VEHICLE WITH ANY ALCOHOL CONCENTRATION, AS DETERMINED BY AN ANALYSIS OF THE PERSON'S BLOOD OR BREATH; TO AMEND SECTION 56-1-40, RELATING TO THE ISSUANCE OF DRIVER'S LICENSES AND BEGINNER'S PERMITS, SO AS TO DELETE THE PROVISION REQUIRING THAT A PERSON BE AT LEAST SIXTEEN YEARS OF AGE TO RECEIVE A VEHICLE DRIVER'S LICENSE OR PERMIT AND TO PROVIDE THAT NO LICENSE RENEWAL MAY BE ISSUED TO A DRIVER WHO IS SEVENTY-FIVE YEARS OF AGE OR OLDER UNLESS THEY SUCCESSFULLY COMPLETE AN ACTUAL DEMONSTRATION OF ABILITY TO EXERCISE ORDINARY AND REASONABLE CONTROL IN THE OPERATION OF THE TYPE MOTOR VEHICLE FOR WHICH RENEWAL OF THE LICENSE IS SOUGHT; TO AMEND SECTION 56-1-210, RELATING TO THE RENEWAL OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE EXAMINATION REQUIRED FOR RENEWAL OF A DRIVER'S LICENSE FOR ANY PERSON WHO IS SEVENTY-FIVE YEARS OF AGE OR OLDER SHALL INCLUDE AN ACTUAL DEMONSTRATION OF ABILITY TO EXERCISE ORDINARY AND REASONABLE CONTROL IN THE OPERATION OF THE TYPE MOTOR VEHICLE FOR WHICH RENEWAL OF THE LICENSE IS SOUGHT; TO AMEND SECTION 56-1-221, RELATING TO THE MEDICAL ADVISORY BOARD, SO AS TO PROVIDE THAT THE BOARD SHALL ASSIST THE DEPARTMENT IN DEFINING MENTAL OR PHYSICAL DISABILITIES AFFECTING THE ABILITY OF A PERSON TO SAFELY OPERATE A MOTOR VEHICLE AND IN DEVELOPING CODED RESTRICTIONS TO BE PLACED UPON DRIVERS' LICENSES OF PERSONS WHO ARE REQUIRED TO WEAR MEDICAL IDENTIFICATION BRACELETS WHEN OPERATING A MOTOR VEHICLE AND TO PROVIDE THAT ANY PHYSICIAN, PERSON, OR AGENCY HAVING KNOWLEDGE OF ANY LICENSED DRIVER'S OR APPLICANT'S MENTAL OR PHYSICAL DISABILITY TO DRIVE OR NEED TO OBTAIN OR TO WEAR A MEDICAL IDENTIFICATION BRACELET IS AUTHORIZED TO REPORT SUCH KNOWLEDGE TO THE DEPARTMENT; TO AMEND SECTION 56-1-270, RELATING TO THE SUSPENSION, REVOCATION OR RESTRICTION OF A DRIVER'S LICENSE ON RE-EXAMINATION ADMINISTERED FOR GOOD CAUSE TO BELIEVE THAT THE LICENSEE IS INCOMPETENT OR OTHERWISE NOT QUALIFIED, SO AS AUTHORIZE A RE-EXAMINATION WHEN A REPORT IS MADE PURSUANT TO SECTION 56-1-221; TO AMEND SECTION 56-1-460, RELATING TO PENALTIES FOR DRIVING WHILE LICENSE IS CANCELED, SUSPENDED OR REVOKED, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 56-5-2940, RELATING TO THE PENALTY FOR DRIVING UNDER THE INFLUENCE OF LIQUOR, DRUGS OR LIKE SUBSTANCES, TO REVISE THE PENALTIES; TO AMEND SECTION 56-5-2945, RELATING TO CAUSING A GREAT BODILY INJURY OR DEATH BY OPERATING VEHICLE WHILE UNDER INFLUENCE OF DRUGS OR ALCOHOL, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 56-5-2950, RELATING TO THE IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE OF A PERSON WHO OPERATES A MOTOR VEHICLE UPON THE PUBLIC ROADS OF THIS STATE, SO AS TO PROVIDE THAT IT MUST BE INFERRED THAT A PERSON IS UNDER THE INFLUENCE OF ALCOHOL IF THERE WAS AT THAT TIME EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE BY WEIGHT OF ALCOHOL IN THE PERSON'S BLOOD, RATHER THAN TEN ONE-HUNDREDTHS OF ONE PERCENT AND TO INCREASE THE PENALTY FOR REFUSING TO SUBMIT TO THE CHEMICAL BREATH TEST; TO AMEND SECTION 56-5-2990, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE, SO AS TO REVISE THE PENALTIES; TO AMEND ARTICLE 37, CHAPTER 5, TITLE 56, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSPECTION OF VEHICLES, BY ADDING SECTIONS 56-5-5445 THOUGH 56-5-5510 SO AS TO CREATE A SYSTEM FOR THE INSPECTION OF VEHICLES, AUTHORIZING SAFETY INSPECTIONS BY LAW ENFORCEMENT OFFICERS FOR CAUSE, REQUIRING ANNUAL VEHICLE INSPECTIONS FOR CERTAIN VEHICLES REGISTERED IN THIS STATE, PROVIDING FOR THE LICENSING OF VEHICLE INSPECTION STATIONS, AND PROVIDING THAT AN INSPECTION STATION MAY CHARGE A FEE OF TEN DOLLARS FOR PERFORMING AN INSPECTION AND A FEE OF ONE DOLLAR FOR AN INSPECTION CERTIFICATE; TO AMEND SECTION 56-5-6540, RELATING TO ENFORCEMENT OF THE SAFETY BELT LAW, SO AS TO DELETE THE PROVISION REQUIRING SECONDARY ENFORCEMENT OF THE SAFETY BELT LAW; TO AMEND SECTION 59-39-100, RELATING TO THE ISSUANCE OF UNIFORM DIPLOMAS BY ACCREDITED SCHOOLS, SO AS TO PROVIDE THAT A HIGH SCHOOL STUDENT MUST SUCCESSFULLY COMPLETE A DRIVER EDUCATION COURSE BEFORE RECEIVING A DIPLOMA; TO AMEND SECTION 59-39-320, RELATING TO THE AUTHORITY OF THE STATE BOARD OF EDUCATION TO REGULATE HIGH SCHOOL DRIVER EDUCATION AND TRAINING COURSES, SO AS TO PROVIDE THAT THE BOARD SHALL REQUIRE A HIGH SCHOOL STUDENT TO COMPLETE SUCCESSFULLY A DRIVER EDUCATION COURSE BEFORE RECEIVING A DIPLOMA AND TO PROVIDE THAT THIS COURSE SHALL COST TWENTY DOLLARS, TO BE PAID FOR BY THE STUDENT AND THE PROCEEDS OF WHICH MUST BE DIVIDED EQUALLY BETWEEN THE STATE AND THE SCHOOL DISTRICT; AND TO REPEAL SECTION 56-1-50, RELATING TO BEGINNER'S PERMITS, AND SECTION 56-1-180, RELATING TO SPECIAL RESTRICTED LICENSES FOR CERTAIN MINORS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 56 of the 1976 Code is amended by adding:
Section 56-1-1400. This article is known and may be cited as the Graduated Driver Licensing Act.
Section 56-1-1410. (A) Except as provided in this section, the department may issue a driver's license to an individual under the age of eighteen, provided the individual:
(1) is at least sixteen years of age;
(2) has satisfactorily completed a mandatory driver's education course through a driver's training program:
(a) licensed pursuant Section 56-23-10, or
(b) established pursuant Section 59-39-310; and
(3) has his application signed pursuant to the requirements of Section 56-1-100.
(B) The individual shall be exempt from required instruction if he has been licensed to drive in another state for a period not less than six months and the exemption is justified by actual driving experience.
(C) The department may issue a driver's license at any time to any individual who has been licensed regularly to drive in this State, in another state or country, or by the armed forces of the United States, if the de[partment is satisfied that the applicant's experience is sufficient. The department may require examination of the applicant's driving.
Section 56-1-1420. (A) The department may issue a learner's instructional permit to an individual who:
(1) has reached the age of fifteen years, six months; and
(2) has the application signed pursuant to the requirements of Section 56-1-100.
(B) A learner's instructional permit expires 180 days after the date of issuance.
(C) The holder of a learner's instructional permit may drive only while he is accompanied by and under the immediate supervision of an individual who:
(1) is at least twenty-one years old;
(2) has been licensed for at least three years in this State or in another state; and
(3) unless the vehicle is a motorcycle, is seated beside the holder of the learner's instructional permit.
(D) Any individual who is at least fifteen years old may drive a motor vehicle on highways in the State, without obtaining a learner's instructional permit, if:
(1) the individual is enrolled in an approved driver's education course or a licensed driver's school;
(2) the motor vehicle is equipped with a dual brake control and any other required equipment; and
(3) while driving the motor vehicle, the driver is under the control and supervision of either a certified instructor or a qualified student instructor.
Section 56-1-1430. (A) Subject to the provisions of Section 56-1-1410(A), if an applicant for a driver's license is under the age of eighteen and is the holder of a learner's instructional permit, the applicant is entitled to receive a provisional driver's license if the applicant:
(1) has possessed a valid learner's instructional permit for at least thirty days immediately prior to the date of the application;
(2) passed the examination provided for in this chapter;
(3) surrendered the learner's instructional permit issued to him; and
(4) paid the required fee of ten dollars.
(B) A provisional driver's license shall expire upon the licensee's reaching the age of eighteen or upon the conversion of the provisional driver's license to a regular driver's license.
(C) The applicant for a provisional driver's license must have his application signed pursuant the provisions set forth in Section 56-1-100. If, while the licensee is still less than eighteen years of age, the department receives from the co-signer of the license application of the licensee a written request that the licensee's license be suspended, or if the co-signer dies, the department shall suspend the license and may not reinstate the license until another qualified adult co-signs pursuant to Section 56-1-100 or the licensee becomes eighteen years of age.
(D) The provisional driver's license shall be distinguished from a driver's license by a provisional symbol limiting the licensee to driving unsupervised between the hours of 6:00 a.m. and 12:00 midnight. Between the hours of 12:00 midnight and 6:00 a.m., the provisional driver may drive only if he is accompanied by a licensed driver who is at least twenty-one years of age. The restriction may be modified or waived by the department if the restricted licensee proves to his satisfaction that the restriction interferes or substantially interferes with:
(1) employment or the opportunity for employment;
(2) travel between the licensee's home and place of employment or school; or
(3) travel between the licensee's home or place of employment work and vocational training.
Section 56-1-1440. If the applicant for a driver's license is under the age of eighteen and is the holder of a provisional driver's license, the applicant is entitled to receive a driver's license if the applicant:
(A) has possessed a valid provisional driver's license for the twelve-month period immediately preceding the date of the application for a driver's license; and
(B) has not been convicted of a traffic violation which was committed during this period and for which points may be assessed under this title, and has completed an approved minimum basic training course.
Section 56-1-1450. (A) Any driver under the age of twenty-one holding a driver's license, a provisional license, or a learner's instructional permit is prohibited from driving or attempting to drive a motor vehicle with any alcohol concentration as determined by an analysis of the person's blood or breath.
(B) Any driver under the age of twenty-one in violation of subsection (A) is subject to penalty pursuant to Section 56-5-2990."
SECTION 2. Section 56-1-40 of the 1976 Code is amended to read:
"The department may not issue a motor vehicle driver's license to or renew the driver's license of a person:
(1) who is under sixteen years of age. However, the department may issue a beginner's or instruction permit as provided in Sections 56-1-50 and 56-1-60 to a person who is at least fifteen years of age, and the department may issue a special restricted driver's license to a person who is at least fifteen years of age and less than sixteen years of age as provided in Section 56-1-180;
(2) whose driver's license or privilege to operate a motor vehicle currently is suspended or revoked in this State or another jurisdiction or whose driver's license or privilege to operate a motor vehicle is subject to being suspended in this State or another jurisdiction as a result of a conviction or another adjudication which authorizes or requires the suspension or revocation of a motor vehicle driver's license under the laws of this State, except as otherwise provided for in this chapter;
(3 2) who is an habitual user of alcohol or any other drug to a degree which prevents him from safely operating a motor vehicle;
(4 3) who has a mental or physical condition which prevents him from safely operating a motor vehicle;
(5 4) who is required by this article to take an examination, unless the person successfully has passed the examination;
(6 5) who is required under the laws of this State to provide proof of financial responsibility and has not provided the proof;
(7 6) who is not a resident of South Carolina, except for persons from other countries who are present in South Carolina on a student visa or on a work visa or the dependents of the student or worker who may be issued a license. However, the granting of the license is not evidence of meeting the residency requirements of Section 59-112-20;
(8 7) who must not be issued a license as otherwise provided by the laws of this State.
(8) who is seventy-five years of age or older, unless the person has successfully completed an actual demonstration of ability to exercise ordinary and reasonable control in the operation of the type of motor vehicle for which licensure or renewal is sought."
SECTION 3. Section 56-1-210 of the 1976 Code is amended to read:
"Section 56-1-210. Every license expires on the licensee's birth date on the fifth calendar year after the calendar year in which it is issued. Every license is renewable on or before its expiration date upon application and the payment of the required fee. The department shall require a vision test of the applicant. The vision examination may be waived upon the submission of a certificate from a person authorized by law to examine eyes.
No license may be renewed until the licensee is reexamined as provided in Section 56-1-130, except that the licensee is not required to take the road test provided in Section 56-1-130; provided, further, that only the visual examination is required of those persons who have no more than five points for moving traffic violations in the two years prior to making application for renewal; provided, further that the examination required for renewal of a driver's license for any person who is seventy-five years of age or older shall include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of the type of motor vehicle for which renewal of the license is sought. For cause shown, the Department department may require the submission by the applicant of evidence satisfactory to the Department department of the applicant's mental and physical fitness to drive and his knowledge of traffic laws and regulations. If the evidence is not satisfactory to the Department department, the Department department may require an examination of the applicant as upon an original application. Parallel parking is not required as a part of the driver test.
If a person's license expires and he is unable to renew it before its expiration date because he is on active military duty outside this State for a continuous period of at least thirty days immediately before the expiration date or because he is the spouse or dependent living for a continuous period of at least thirty days immediately before the expiration date with a person on active military duty outside this State, within sixty days after returning to this State, the person may renew his license in the manner permitted by this section as though the license had not expired. The department may require proof from the person that he qualifies for renewal of his license under this paragraph. Upon request, the person shall provide the department with a copy of his military service record, a document of his branch of military service showing the date of active military duty outside the State, or other evidence presented by the person showing the dates of service.
SECTION 4. Section 56-1-221 of the 1976 Code is amended by adding a new subsection to read:
"(F)(1) For the purpose of the reports authorized by this section, the department, assisted by the medical advisory board, shall:
(a) define mental or physical disabilities affecting the ability of a person to safely operate a motor vehicle;
(b) develop and keep current coded restrictions to be placed upon drivers' licenses of persons who are required to wear medical identification bracelets when operating a motor vehicle;
(2) Any physician, person, or agency having knowledge of any licensed driver's or applicant's mental or physical disability to drive or need to obtain or to wear a medical identification bracelet is authorized to report such knowledge to the department. The report should be made in writing giving the full name, date of birth, address, and a description of the alleged disability of any person over sixteen years of age having mental or physical disorders that could affect his or her driving ability.
(3) The reports authorized by this section shall be confidential and exempt from the provisions of the Freedom of Information Act and shall be used solely for the purpose of determining the qualifications of any person to operate a motor vehicle on the highways of this State. No civil or criminal action may be brought against any physician, person, or agency who provides the information required herein.
(4) No report forwarded under the provisions of this section shall be used as evidence in any civil or criminal trial or in any court proceeding."
SECTION 5. Section 56-1-270 of the 1976 Code is amended to read:
"Section 56-1-270. The Department of Revenue and Taxation, having good cause to believe that a person holding a South Carolina driver's license, including a person for whom a report is made pursuant to Section 56-1-221, is incompetent or otherwise not qualified to be licensed because of physical or mental disability may, upon written notice of at least ten days to the licensee, require him to submit to an examination, including the examination required in Section 56-1-130. Upon the conclusion of such examination the department shall take action as may be appropriate and may suspend or revoke the license of such person or permit him to retain such license or may issue a license subject to restrictions permitted under Section 56-1-170. The license of any person may be suspended or revoked if they refuse or neglect to submit to such an examination."
SECTION 6. Section 56-1-460 of the 1976 Code is amended to read:
"Section 56-1-460. Any person who drives a motor vehicle on any public highway of this State when his license to drive is canceled, suspended, or revoked must, upon conviction, be fined two hundred dollars or imprisoned for thirty ninety days for the first violation, for the second violation fined five hundred dollars and imprisoned for sixty one hundred-eighty consecutive days, and for the third and subsequent violation imprisoned for not less than ninety one hundred-eighty days nor more than six months one year, no portion of which may be suspended by the trial judge. The Department of Public Safety upon receiving a record of the conviction of any person under this section upon a charge of driving a vehicle while his license was suspended for a definite period of time shall extend the period of the suspension for an additional like period. If the original period of suspension has expired or terminated before trial and conviction, the Department of Public Safety shall again suspend the license of the person for an additional like period of time. If the suspension is not for a definite period of time, the suspension must be for an additional three six months. If the license of a person cited for a violation of this section is suspended solely pursuant to the provisions of Section 56-25-20, then the additional period of suspension pursuant to this section is thirty days and the person does not have to offer proof of financial responsibility as required under Section 56-9-500 prior to his license being reinstated. If the conviction was upon a charge of driving while a license was revoked, the department shall not issue a new license for an additional period of one year two years from the date the person could otherwise have applied for a new license. Only those violations which occurred within a period of five years including and immediately preceding the date of the last violation constitute prior violations within the meaning of this section.
If the license of the person convicted was suspended pursuant to the provisions of Section 56-5-2990, then he must be punished as follows and no part of the minimum sentence may be suspended:
(1) for a first offense, imprisoned for not less than ten thirty nor more than thirty ninety days;
(2) for a second offense, imprisoned for not less than sixty ninety days nor more than six months one year;
(3) for a third and subsequent offense, not less than six months one year nor more than three years."
SECTION 7. Section 56-5-2940 of the 1976 Code is amended to read:
"Section 56-5-2940. A person violating a provision of Section 56-5-2930, upon conviction, entry of a plea of guilty or of nolo contendere or forfeiture of bail, must be punished in accordance with the following:
(1) By by a fine of two hundred five hundred dollars or imprisonment for not less than forty-eight seventy-two hours nor more than thirty sixty days, for the first offense. However, in lieu of the forty-eight seventy-two hour minimum imprisonment the court may provide for forty-eight seventy-two hours of public service employment. The minimum forty-eight seventy-two hour imprisonment or public service employment must be served at a time when the person is off from work and does not interfere with his regular employment under terms and conditions as the court considers proper. However, the court may not compel an offender to perform public service employment in lieu of the minimum sentence. ;
(2) By by a fine of not less than two thousand dollars nor more than five thousand dollars and imprisonment for not less than forty-eight hours thirty days nor more than one year for the second offense. However, the fine imposed by this item may not be suspended in an amount less than one thousand dollars. In lieu of service of imprisonment the court may require that the individual complete an appropriate term of public service employment of not less than ten thirty days upon terms and conditions the court considers proper. ;
(3) By by a fine of not less than three thousand, five hundred dollars nor more than six thousand dollars and imprisonment for not less than sixty days six months nor more than three years, for the third offense. ;
(4) Imprisonment imprisonment for not less than one year two years nor more than five years for a fourth offense or subsequent offense.
No part of the minimum sentences provided in this section must be suspended. The court may provide instead of service other sentences provided in this section. For a third or subsequent offense or for a violation of Section 56-5-2945 for great bodily injury the service of the minimum sentence is mandatory. However, the judge may provide for the sentence to be served upon terms and conditions as he considers proper including, but not limited to, weekend service or nighttime service in any fashion he considers necessary.
The fine for a first offense may not be suspended. The court is prohibited from suspending a monetary fine below that of the next preceding minimum monetary fine.
For the purposes of this chapter any conviction, entry of a plea of guilty or of nolo contendere or forfeiture of bail, for the violation of any law or ordinance of this or any other state or any municipality of this or any other state that prohibits any person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics shall constitute a prior offense for the purpose of any prosecution for any subsequent violation hereof. Only those offenses which occurred within a period of ten years including and immediately preceding the date of the last offense shall constitute prior offenses within the meaning of this section.
Upon imposition of a sentence of public service, the defendant may apply to the Court to be allowed to perform his public service in his county of residence if he has been sentenced to public service in a county where he does not reside."
SECTION 8. Section 56-5-2945 of the 1976 Code is amended to read:
"Section 56-5-2945. (A) Any person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, drives a vehicle and when driving does any act forbidden by law or neglects any duty imposed by law in the driving of the vehicle, which act or neglect proximately causes great bodily injury or death to any person other than himself, is guilty of a felony and upon conviction must be punished:
(1) by a mandatory fine of not less than five thousand dollars nor more than ten thousand dollars and mandatory imprisonment for not less than thirty days one year nor more than fifteen years when great bodily injury results;
(2) by a mandatory fine of not less than ten thousand dollars nor more than twenty-five thousand dollars and mandatory imprisonment for not less than one year five years nor more than twenty-five years the life of the offender when death results.
No part of the mandatory sentences required to be imposed by this section may be suspended, and probation may not be granted for any portion.
(B) As used in this section, `great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
The department shall suspend the driver's license of any person who is convicted or who receives sentence upon a plea of guilty or nolo contendere pursuant to this section for a period to include any term of imprisonment plus three five years."
SECTION 9. Section 56-5-2950(a) of the 1976 Code is amended to read:
"(a) A person who operates a motor vehicle in this State is considered to have given consent to chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol or drugs if arrested for an offense arising out of acts alleged to have been committed while the person was operating a motor vehicle while under the influence of alcohol, drugs, or a combination of them. A test must be administered at the direction of a law enforcement officer who has apprehended a person for operating a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of them. At the direction of the arresting officer the person first must be offered a breath test to determine the alcohol concentration of his blood. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth, is unconscious, dead, or for another reason considered acceptable by the licensed medical personnel, a blood sample may be taken. If the officer has reasonable grounds to believe that the person is under the influence of drugs other than alcohol, the officer may order that a urine sample be taken for testing. If the breathalyzer reading is ten eight one-hundredths of one percent by weight of alcohol in the person's blood or above, the officer may not require additional tests of the person as provided in this chapter. The breath test must be administered by a person trained and certified by SLED, using methods approved by SLED. The arresting officer may not administer the tests. Blood and urine samples must be taken by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, and other medical personnel trained to take the samples in a licensed medical facility. Blood samples or urine samples must be obtained and handled in accordance with procedures approved by SLED. No tests may be administered or samples taken unless the person has been informed that he does not have to take the test or give the samples but that his privilege to drive must be suspended or denied for ninety one hundred-eighty days if he refuses to submit to the tests. If the person has a prior suspension for refusing to submit to the tests, his privilege to drive must be suspended or denied for one year. A hospital, physician, qualified technician, chemist, or registered nurse who takes the samples or conducts the test or participates in the process of taking the samples or conducting the test in accordance with this section is not subject to a cause of action for assault, battery, or another cause contending that the drawing of blood or taking samples at the request of the arrested person or a law enforcement officer was wrongful. This release from liability does not reduce the standard of medical care required of the person taking the samples or conducting the test. This qualified release also applies to the employer of the person who conducts the test or takes the samples.
The person tested or giving samples for testing may have a qualified person of his own choosing conduct additional tests at his expense and must be notified of that right. A person's failure to request additional blood or urine tests is not admissible against the person in the criminal trial. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples taken at the direction of the law enforcement officer.
The arresting officer shall provide reasonable assistance to the person to contact a qualified person to conduct additional tests.
SLED shall administer the provisions of this subsection and may make regulations necessary to carry out its provisions. The costs of the tests administered at the direction of the law enforcement officer must be paid from the general fund of the State.
A qualified person who obtains samples or administers the tests or assists in obtaining samples or administration of tests at the direction of a law enforcement officer is released from civil and criminal liability unless the obtaining of samples or tests is performed in a negligent manner. No person may be required by the arresting officer, or by another law enforcement officer, to obtain or take any sample of blood or urine."
SECTION 10. Sections 56-5-2950(b)(2) and (3) of the 1976 Code are amended to read:
"(2) If there was at that time in excess of five one-hundredths of one percent but less than ten eight one-hundredths of one percent by weight of alcohol in the person's blood, that fact does not give rise to any inference that the person was or was not under the influence of alcohol, but that fact may be considered with other competent evidence in determining the guilt or innocence of the person.
(3) If there was at that time ten eight one-hundredths of one percent or more by weight of alcohol in the person's blood, it may be inferred that the person was under the influence of alcohol."
SECTION 11. Section 56-5-2950(d) of the 1976 Code is amended to read:
"(d) If a person under arrest refuses, upon the request of a law enforcement officer, to submit to chemical tests as provided in subsection (a) of this section, none may be given, but the department, on the basis of a report of the law enforcement officer that the arrested person was operating a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of them and that the person had refused to submit to the tests shall suspend his license or permit to drive, or any nonresident operating privilege for a period of ninety one hundred-eighty days. If the person has a prior suspension for refusing to submit to the tests, his privilege to drive must be suspended or denied for one year. If the person is a resident without a license or permit to operate a motor vehicle in this State, the department shall deny to the person the issuance of a license or permit for a period of ninety either one hundred-eighty days or one year after the date of the alleged violation, as applicable. The ninety-day one hundred eighty-day or one-year period of suspension begins with the day after the date of the notice required to be given, unless a hearing is requested as provided, in which case the ninety-day one hundred-eighty-day or one-year period begins with the day after the date of the order sustaining the suspension or denial of issuance. The report of the arresting officer must include what grounds he had for believing that the arrested person had been operating a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of them. If the arrested person took the chemical breath test but refused to provide a blood or urine sample, the report of the arresting officer must include what were his grounds for believing that the arrested person was under the influence of drugs other than alcohol. If a person who refuses, upon the request of a law enforcement officer, to submit to chemical tests as provided in subsection (a) of this section, pleads guilty or nolo contendere to, or forfeits bond for a first offense violation of Section 56-5-2930, within thirty days of arrest, the period of the suspension of driving privileges under this section must be canceled and any suspension of driving privileges under Section 56-5-2990 for a first conviction may not exceed six months."
SECTION 12. Section 56-5-2990 of the 1976 Code is amended to read:
"Section 56-5-2990. The department shall suspend the driver's license of any person who is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the violation of Section 56-5-2930 or for the violation of any other law or ordinance of this State or of any municipality of this State that prohibits any person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics for six months one year for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail, one year three years for the second conviction, plea of guilty or of nolo contendere, or forfeiture of bail, two six years for the third offense, three ten years for the fourth offense, and a permanent revocation of the driver's license for fifth and subsequent offenses. Only those violations which occurred within ten years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section. Any person whose license is revoked following conviction for a fifth offense as provided in this section is forever barred from being issued any license by the Department of Revenue and Taxation to operate a motor vehicle.
Any person whose license is suspended under the provisions of this section must be notified of suspension by the department of the requirement to be evaluated by and successfully complete an Alcohol and Drug Safety Action Program certified by the South Carolina Commission on Alcohol and Drug Abuse prior to reinstatement of the license. An assessment of the degree and kind of alcohol and drug abuse problem, if any, of the applicant must be prepared and a plan of education or treatment or both must be developed based upon the assessment. Entry into and successful completion of the services, if such services are necessary, recommended in the plan of education or treatment or both developed for the applicant is a mandatory requirement of the restoration of driving privileges to the applicant. The applicant shall bear the cost of the services to be determined by the administering agency and approved by the Commission on Alcohol and Drug Abuse. The cost may not exceed seventy-five dollars for assessment, one hundred twenty-five dollars for education services, two hundred twenty-five dollars for treatment services, and three hundred dollars in total for any and all services. No applicant may be denied services due to an inability to pay. The applicant shall be terminated from the Alcohol and Drug Safety Action Program no later than six months after the date of program enrollment. If the applicant has not successfully completed the services as directed by the Alcohol and Drug Safety Action Program by the end of the six-month period of enrollment, a hearing must be provided by the administering agency and if further needed by the Commission on Alcohol and Drug Abuse. If the applicant is unsuccessful in the Alcohol and Drug Safety Action Program the department may restore the privilege to operate a motor vehicle upon the recommendation of the Medical Advisory Board as utilized by the department if it determines public safety and welfare of the petitioner may not be endangered.
The department and the Commission on Alcohol and Drug Abuse shall develop procedures necessary for the communication of information pertaining to relicensing or otherwise. Such procedures must be consistent with the confidentiality laws of the State and the United States. Successful completion of education, treatment services, or both, for purposes of receiving a provisional driver's license as stipulated in Section 56-1-1330 may be substituted in lieu of services received under the authority of this section at the discretion of the applicant. If the driver's license of any person is suspended by authority of this section, no insurance company may refuse to issue insurance to cover the remaining members of his family, but the insurance company is not liable for any actions of the person whose license has been suspended or who has voluntarily turned his license in to the department or the Department of Revenue and Taxation."
SECTION 13. Article 37, Chapter 5, Title 56 of the 1976 Code, as last amended by Section 56A, Part II, Act 145 of 1995, is further amended by adding:
"Section 56-5-5445. (a) Any 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 require the driver of such vehicle to stop and submit such vehicle to an inspection and such test with reference thereto as may be appropriate 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 vehicle for brakes, lights, horn, tires and windshield wiper, and shall not authorize the 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 inspection and such test, shall not be admissible in any criminal prosecution except such as may be provided for in this article.
(b) In the event such vehicle is found to be in 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 vehicle 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 be obtained from an officer of the department within ten days.
Section 56-5-5450. (a) No person driving a vehicle shall refuse to submit such vehicle to an inspection and test when required to do so by the department or an authorized officer or employee thereof.
(b) Every owner or driver, upon receiving a notice as provided in Section 56-5-5320, shall comply therewith, and shall, within ten days, secure an official certificate of inspection and approval from an officer of the department which shall 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 of compliance with the provisions of this subsection, the vehicle shall not be operated except as provided in subsection (c) and each day upon which such vehicle is operated over any highway of this State after failure to comply with this section shall constitute a separate offense.
(c) No person shall operate any unsafe or dangerous vehicle after receiving a notice with reference thereto as above provided except as may be necessary to return such 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 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 vehicle or its equipment is found necessary upon inspection, the owner of the vehicle may obtain such repair or adjustment at any place he may choose; but in every event an official certificate of inspection and approval from an officer of the department must be obtained, otherwise such vehicle shall not be operated upon the highways of this State.
(e) Any person who wishes to make his own repairs may do so.
Section 56-5-5455. 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 56-5-5460. (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 vehicle which it determines is in such unsafe condition 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 56-5-5465. Any truck with more than four wheels or a tractor-trailer does not have to be jacked up or otherwise elevated in order to receive the inspection required by the provisions of this article. Any component of the inspection which can only be accomplished by the jacking up or elevation of a truck with more than four wheels or a tractor-trailer is hereby waived.
Section 56-5-5470. (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 ten dollars for each inspection and one dollar 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 one dollar 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:
(1) for a first offense, not less than twenty-five dollars nor more than one hundred dollars;
(2) for a second offense, not less than fifty dollars nor more than one hundred dollars;
(3) for a third offense, not less than one hundred dollars nor more than two hundred dollars;
(4) for a fourth and each subsequent offense, not less than five hundred 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 56-5-5475. 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 56-5-5480. The inspection of any vehicle under the provisions of this article and issuance of an official certificate of such inspection therefor shall not be construed in any courts as a warranty of the mechanical condition of the vehicle inspected, and no such certificate shall be offered as evidence for an exhibit in the trial of any civil case. The failure to discover any defect in any vehicle in the course of an inspection under the provisions of this article shall not be made the basis of an action for damages in any court.
Section 56-5-5485. (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 56-5-5490. 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 specific brand or type of equipment shall be named or designated as inspection equipment, and only standards of performance shall be set. Provided, further, that the rules and regulations shall be so drawn 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 56-5-5495. 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 56-5-5500. 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 56-5-5505. Any 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 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, 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 56-5-5510. Any person violating the provisions of this article shall be punished in the same manner as provided for in Section 56-5-6190, unless otherwise provided."
SECTION 14. Section 56-5-6540 of the 1976 Code is amended to read:
"Section 56-5-6540. (A) A person violating the provisions of this article, upon conviction, must be fined not more than ten dollars, all or part of which may be suspended. No court costs may be assessed against the person convicted. No person may be fined more than twenty dollars for any one incident of one or more violations of the provisions of this article. No custodial arrest for a violation of this article may be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A conviction for violation of this article does not constitute a criminal offense.
(B) A law enforcement officer may not stop a driver for a violation of this article in the absence of another violation of the motor vehicle laws except when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time. A citation for a violation of this article must not be issued without citing the violation that initially caused the officer to effect the enforcement stop.
(C) A violation of this article does not constitute negligence per se or contributory negligence and is not admissible as evidence in a civil action."
SECTION 15. Section 59-39-100 of the 1976 Code is amended to read:
"Section 59-39-100. Diplomas issued to graduates of accredited high schools within this State must be uniform in every respect and particularly as to color, size, lettering, and marking. The number of units required for a state high school diploma is twenty units as prescribed by the State Board of Education. Beginning in the 1986-87 academic year, a minimum of 3 units must be earned in mathematics and a minimum of 2 units must be earned in science. Beginning in the 1998-99 academic year, a driver education training course must be successfully completed.
One unit in computer science, if approved by the State Department of Education for this purpose, may be counted toward the mathematics requirement.
Students who earn one unit in science and six or more units in a specific occupational service area will meet the science requirements for a state high school diploma. Vocational programs operating on a 3-2-1 structure may count prevocational education as one of the six required units."
SECTION 16. Section 59-39-320 of the 1976 Code is amended to read:
"Section 59-39-320. (A) The State Board of Education shall promulgate rules and regulations for establishment by local school districts of approved driver education and training courses, and when duly promulgated shall have full force and effect of law. Such regulations shall require that credit for completion of a driver education training course shall not be given unless the course shall have included not less than thirty classroom hours of instruction in driver education, and not less than six hours of actual behind-the-wheel driving, and require that a student shall complete successfully a driver education training course before receiving a high school diploma.
(B) A local school district must charge a student enrolled in a driver education and training course a twenty dollar fee. One-half of this fee must be deposited in the general fund of the State and one-half of the fee must be retained by the local school district."
SECTION 17. Sections 56-1-50 and 56-1-180 are repealed.
SECTION 18. This act takes effect upon approval by the Governor.