Current Status Bill Number:4060 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950412 Primary Sponsor:Wilkins All Sponsors:Wilkins Drafted Document Number:dka\3867cm.95 Companion Bill Number:702 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Motor vehicle laws, alcohol concentration
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950412 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF MOTOR VEHICLE LAWS, SO AS TO PROVIDE A DEFINITION FOR "ALCOHOL" AND "ALCOHOL CONCENTRATION"; TO AMEND SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF COMMERCIAL DRIVER'S LICENSES, SO AS TO ELIMINATE THE DEFINITION FOR "ALCOHOL" AND "ALCOHOL CONCENTRATION"; TO AMEND SECTION 56-5-2930, RELATING TO THE UNLAWFUL USE OF NARCOTICS, LIQUOR, DRUGS, OR SIMILAR SUBSTANCES BY A MOTOR VEHICLE DRIVER, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH A PERSON MAY NOT OPERATE A MOTOR VEHICLE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-1-10 of the 1976 Code, as last amended by Act 181 of 1993, is amended by adding:
"(16) `Alcohol' means a substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol, and other volatile substances including toluene and acetaldehyde.
(17) `Alcohol concentration' means the number of grams of alcohol for each:
(a) one hundred milliliters of blood;
(b) two hundred ten liters of breath; or
(c) sixty-seven milliliters of urine."
SECTION 2. Section 56-1-2030 of the 1976 Code, as last amended by Acts 134 and 149 of 1993, is further amended to read:
"Section 56-1-2030. As used in this article:
(1) `Alcohol' means a substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol, and isopropanol.
(2) `Alcohol concentration' means:
(a) the number of grams of alcohol for each one hundred milliliters of blood; or
(b) as determined by the South Carolina Law Enforcement Division for other bodily fluids.
(3)(1) `Commercial driver license' means a license issued in accordance with the requirements of the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570) to an individual which authorizes the individual to drive a class of commercial motor vehicle.
(4)(2) `Commercial Driver License Information System' means the information system established pursuant to the Commercial Motor Vehicle Safety Act of 1986 to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers.
(5)(3) `Commercial driver instruction permit' means a permit issued pursuant to Section 56-1-2080(D) of this article.
(6)(4) `Commercial motor vehicle' means a motor vehicle designed or used to transport passengers or property if the vehicle:
(a) the vehicle has a gross vehicle weight rating of twenty-six thousand one or more pounds;
(b) the vehicle is designed to transport sixteen or more persons, including the driver; or
(c) the vehicle is transporting hazardous materials and is required to be placarded in accordance with 49 C.F.R. part 172, subpart F.
(7)(5) `CMVSA' means the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570).
(8)(6) `Controlled substance' means a substance so classified under Section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)) listed on Schedules I through V of 21 C.F.R. part 1308, as revised from time to time.
(9)(7) `Conviction' means an unvacated adjudication of guilty, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.
(10)(8) `Disqualification' means a withdrawal of the privilege to drive a commercial motor vehicle.
(11)(9) `Drive' means to drive, operate, or be in physical control of a motor vehicle.
(12)(10) `Driver' means a person who drives a commercial motor vehicle, or who is required to hold a commercial driver license.
(13)(11) `Driver license' means a license issued to an individual which authorizes the individual to drive a motor vehicle.
(14)(12) `Employer' means a person, including the United States, a state, or a political subdivision of a state who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle.
(15)(13) `Endorsement' means a special authorization to drive certain types of vehicles or to transport certain types of property or a certain number of passengers.
(16)(14) `Felony' means an offense under state or federal law that is punishable by death or imprisonment for more than one year.
(17)(15) `Foreign jurisdiction' means a jurisdiction other than a state of the United States.
(18)(16) `Gross vehicle weight rating' means the actual weight or the value specified by the manufacturer as the maximum loaded weight of a single or a combination vehicle or the registered gross weight, whichever is greater. The gross vehicle weight rating of a combination vehicle (commonly referred to as the `gross combination weight rating') is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of a towed unit.
(19)(17) `Hazardous materials' has the meaning as that found in Section 103 of the Hazardous Materials Transportation Act (49 U.S.C. 1801, et seq.).
(20)(18) `Motor vehicle' means every a vehicle which is self-propelled and every a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails, except a vehicle moved solely by human power and motorized wheelchairs.
(21)(19) `Out of service order' means a temporary prohibition against driving a commercial motor vehicle.
(22)(20) `Recreational vehicle' means a self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping, or travel purposes and is used solely as a family/personal conveyance.
(23)(21) `Restriction' means a prohibition against driving certain types of vehicles or a requirement that the driver comply with certain conditions when driving a motor vehicle.
(24)(22) `Serious traffic violation' means a conviction when operating a commercial motor vehicle of:
(a) excessive speeding, involving a single charge for a speed fifteen miles an hour or more above the speed limit;
(b) reckless driving, including charges of driving a commercial motor vehicle in a wilful or wanton disregard for the safety of persons or property;
(c) improper or erratic traffic lane changes;
(d) following the vehicle ahead too closely; or
(e) a violation of a state or local law related to motor vehicle traffic control, other than a parking violation, arising in connection with an accident or collision resulting in death or serious bodily injury to a person.
(25)(23) `State' means a state or territory of the United States and the District of Columbia and the federal government and a province or territory of Canada.
(26)(24) `Tank vehicle' means a vehicle that is designed to transport a liquid or gaseous material within a tank that either is attached permanently or temporarily to the vehicle and which has a capacity of one thousand gallons or more.
(27)(25) `United States' means the fifty states and the District of Columbia.
(28)(26) `Farm related vehicle' means a vehicle used:
(a) in custom harvester operations,;
(b) in livestock feeding operations,; or
(c) by an agri-chemical business or a company which hauls agri-chemical products to a farm.
(29)(27) `Seasonal restricted commercial driver's license' means a commercial driver's license issued under the authority of the waiver promulgated by the Federal Department of Transportation (57 Federal Register 13650) by the department to an individual who has not passed the knowledge or skill test required of other commercial driver's license holders. This license authorizes operation of a commercial motor vehicle only on a seasonal basis, stated on the license, by a seasonal employee of a custom harvester, livestock feeder, agri-chemical operation and company hauling agri-chemical products to a farm within one hundred fifty miles of the place of business."
SECTION 3. Section 56-5-2930 of the 1976 Code is amended to read:
"Section 56-5-2930. It is unlawful for any a person who is a habitual user of narcotic drugs or any person who is under the influence of intoxicating liquors, narcotic drugs, barbiturates, paraldehydes or drugs, herbs or any other substance of like character, whether synthetic or natural, to drive any operate a motor vehicle within this State while:
(1) the alcohol concentration is ten one-hundredths of one percent or more;
(2) under the influence of alcohol;
(3) under the influence of another drug or a combination of other drugs or substances which cause impairment; or
(4) under the combined influence of alcohol or another drug or drugs, or substances which cause impairment.
For purposes of this section "drug" means illicit or licit drug, a combination of licit or illicit drugs, a combination of alcohol and an illicit drug, or a combination of alcohol and a licit drug."
SECTION 4. This act takes effect upon approval by the Governor and applies to those violations occurring after the effective date.