Current Status Bill Number:4058 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950412 Primary Sponsor:Martin All Sponsors:Martin and Kelley Drafted Document Number:jic\5783cm.95 Residing Body:House Current Committee:Education and Public Works Committee 21 HEPW Subject:Drivers license, application
Body Date Action Description Com Leg Involved
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House 19950412 Introduced, read first time, 21 HEPW
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-385 SO AS TO ALLOW THE DEPARTMENT OF PUBLIC SAFETY TO AUTHORIZE THE ISSUANCE OF A DRIVER'S LICENSE TO A PERSON WHOSE LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE HAS BEEN SUSPENDED OR REVOKED FOR A PERIOD LONGER THAN FIVE YEARS WHEN THE PERSON HAS HAD NO VIOLATIONS AFFECTING HIS LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE FOR A PERIOD OF FIVE YEARS IMMEDIATELY BEFORE THE FILING OF HIS APPLICATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 56-1-385. (A) Notwithstanding another provision of law, a person whose driver's license or privilege to operate a motor vehicle has been suspended or revoked for a continuous period of five or more years may apply to the Department of Public Safety to become eligible to receive a driver's license from the Department of Revenue and Taxation. To obtain a driver's license pursuant to this provision:
(1) the five years immediately before filing the application have passed without a traffic or other violation which resulted in action against the person's driver's license;
(2) the five years immediately before the filing of the application have passed without the person being convicted of an alcohol or another drug violation;
(3) if the person's driver's license or privilege to operate a motor vehicle was under suspension or revocation by the Department of Public Safety during the five years immediately before the filing of the application for a violation of Sections 56-1-745, 56-1-746, 56-5-2930, or 56-5-2945, or for the violation of another provision of this State, another state, or a foreign jurisdiction related to alcohol or drugs, the person must have completed successfully an alcohol or drug assessment and treatment program provided by the South Carolina Department of Alcohol and Other Drug Abuse Services or an equivalent program designated by that agency; and
(4) the person's overall driving record, attitude, habits, character, and driving ability would make it safe to grant him the privilege to operate a motor vehicle.
(B) If a person's privilege to operate a motor vehicle is restored pursuant to this section, a subsequent violation of any law or ordinance of this State, another state, or foreign jurisdiction which would result in the imposition of six or more points pursuant to Section 56-1-720 or mandatory revocation or suspension of a driver's license will require the cancellation of the person's driver's license and the imposition of the full period of suspension and revocation for a previous violation."
SECTION 2. This act takes effect upon approval by the Governor.