Current Status Bill Number:3007 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970114 Primary Sponsor:Cooper All Sponsors:Cooper, Haskins, Stille, Young-Brickell, Stuart, Walker, Robinson and Kelley Drafted Document Number:DKA\3869CM.97 Residing Body:House Current Committee:Education and Public Works Committee 21 HEPW Subject:Drivers license, training course, beginner's permit, special restricted license; instruction permit, age requirement
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19970114 Introduced, read first time, 21 HEPW
referred to Committee
House 19961211 Prefiled, referred to Committee 21 HEPW
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-23-87 SO AS TO PROVIDE THAT A PERSON COMPLETING A DRIVER TRAINING COURSE MUST BE ISSUED A CERTIFICATE OF COMPLETION; TO AMEND SECTION 56-1-40, AS AMENDED, RELATING TO PERSONS WHO MAY OBTAIN A DRIVER'S LICENSE, BEGINNER'S PERMIT OR INSTRUCTION PERMIT, SO AS TO REVISE THE AGE OF A PERSON WHO MAY OBTAIN A DRIVER'S LICENSE, A BEGINNER'S PERMIT, OR A SPECIAL RESTRICTED DRIVER'S LICENSE, AND TO DELETE A REFERENCE TO SECTION 56-1-60; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO OBTAINING A BEGINNER'S PERMIT, SO AS TO PROVIDE THE CONDITIONS UPON WHICH A BEGINNER'S PERMIT IS VALID, TO REVISE THE AGE OF A PERSON WHO MUST ACCOMPANY CERTAIN PERSONS HOLDING A BEGINNER'S PERMIT, AND TO PROVIDE THE CONDITIONS UNDER WHICH A HOLDER OF A BEGINNER'S PERMIT IS NOT REQUIRED TO BE ACCOMPANIED BY AN ADULT DRIVER; TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO A RESTRICTED DRIVER'S LICENSE, SO AS TO REVISE THE AGE OF A PERSON WHO MAY OBTAIN A RESTRICTED DRIVER'S LICENSE, TO DELETE THE TERM "INSTRUCTION PERMIT", AND TO REVISE THE CONDITIONS UPON WHICH A RESTRICTED DRIVER'S LICENSE IS VALID.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 56-23-87. A person successfully completing a driver training course conducted by a person holding a valid driver instructor permit as specified in Section 56-23-85 must be issued a certificate of completion in a form consistent with regulations issued by the Department of Public Safety."
SECTION 2. Section 56-1-40(1) of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"(1) who is under sixteen seventeen years of age. However, the department may issue a beginner's or instruction permit as provided in Sections Section 56-1-50 and 56-1-60 to a person who is at least fifteen years of age, and meets the requirements of that section. The department also may issue a special restricted driver's license to a person who is at least fifteen sixteen years of age and less than sixteen seventeen years of age as provided in Section 56-1-180 and meets the requirements of that section;"
SECTION 3. Section 56-1-50 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"Section 56-1-50. (A) A person who is at least fifteen years of age may apply to the department for a beginner's permit. After the applicant has passed successfully all parts of the examination other than the driving test, the department may issue to the applicant a beginner's permit which entitles the applicant having the permit in his immediate possession to drive a motor vehicle under the conditions contained in this section on the public highways for not more than twelve months.
(B) The permit is valid only under the following conditions:
(1) in the operation of all vehicles after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the permit may operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m.;
(2) in the operation of farm machinery and equipment, other than a passenger car, while engaged in agricultural pursuits; and
(3) in the operation of a motor scooter or light motor-driven cycle of five-brake horsepower or less.
(C) Except as provided in subsection (D), while driving, as specified in subsection (B)(1), the permittee must be accompanied by a licensed driver eighteen twenty-one years of age or older who has had at least one year of driving experience, and who is occupying a seat beside the driver, except when the permittee is operating a motorcycle. A three-wheel vehicle requires the accompanying driver to be directly behind the driver on a saddle-type seat or beside the driver on a bench-type seat.
(D) The restrictions of subsection (C) that require the holder of a beginner's permit to be accompanied by an adult during the hours specified in subsection (B)(1) do not apply if the person successfully has completed a driver training course administered by a driver training school or a private, parochial, or public high school conducted by a person holding a valid driver instructor permit contained in Section 56-23-87 and, while driving, maintains in his possession the certificate of completion he received pursuant to Section 56-23-87.
(E) A beginner's permit may be renewed or a new permit issued for additional periods of twelve months, but the department may refuse to renew or issue a new permit where the examining officer has reason to believe the applicant has not made a bona fide effort to pass the required driver's road test or does not appear to the examining officer to have the aptitude to pass the road test. The fee for every beginner's or renewal permit is two dollars and fifty cents, and the permit must bear the full name, date of birth, and residence address and a brief description and color photograph of the permittee and a facsimile of the signature of the permittee or a space upon which the permittee shall write his usual signature with pen and ink immediately upon receipt of the permit. No permit is valid until it has been so signed by the permittee.
(F) The following persons are not required to obtain a beginner's permit to operate a motor vehicle:
(1) a student regularly enrolled in a high school of this State which conducts a driver training course is not required to obtain a beginner's permit to operate a motor vehicle while the student is participating in the driver training course and when accompanied by a qualified instructor of the driver training course.;
(2) Also exempted from the requirement of the beginner's permit are persons a person enrolled in a driver training courses course conducted by a driver training schools school licensed under Chapter 23 of this title. However, these persons this person at all times must be accompanied by an instructor of the school and may drive only an automobile owned or leased by the school which is covered by liability insurance in an amount not less than the minimum required by law."
SECTION 4. Section 56-1-180 of the 1976 Code, as last amended by Act 490 of 1992, is further amended to read:
"Section 56-1-180. (A) The department may issue a special restricted driver's license to a person who is at least fifteen sixteen years old of age and less than sixteen seventeen years old of age, who first has acquired held a beginner's permit or an instruction permit and who has successfully passed the road tests or other requirements as the department may in its discretion may prescribe.
(B) The special restricted driver's license is valid only under the following conditions:
(1) in the operation of all type vehicles, except that between the hours of after six o'clock p.m. a.m. and no later than six o'clock a.m. p.m. the holder of the special restricted driver's license must be accompanied by a licensed adult, twenty-one years of age or more, or accompanied by the holder's parent or guardian. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the license does not need to be accompanied before may operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m.;
(2) in the operation of all vehicles during hours not specified in subsection (B)(1), the holder of a special restricted driver's license must be accompanied by a licensed adult, twenty-one years of age or more, or accompanied by the holder's parent or guardian;
(3) in the operation of farm machinery and equipment, other than a passenger car, while engaged in agricultural pursuits; and
(3)(4) in the operation of a motor scooter or light motor-driven cycle of five-brake horsepower or less."
SECTION 5. This act takes effect upon approval by the Governor and is applicable to a person applying for a beginner's permit or motor vehicle license on or after January 1, 1998.