South Carolina General Assembly
112th Session, 1997-1998

Bill 60


                    Current Status

Bill Number:                    60
Ratification Number:            259
Act Number:                     258
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19970114
Primary Sponsor:                Holland 
All Sponsors:                   Holland 
Drafted Document Number:        s-jud\holland\jud9004.dhh
Date Bill Passed both Bodies:   19970617
Date of Last Amendment:         19970617
Governor's Action:              U Became law without signature of
                                Governor
Date of Governor's Action:      19980115
Subject:                        DUI, drivers license
                                reinstatement; Motor Vehicles,
                                Transportation, traffic violations,
                                drivers licenses, age revised

History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19980115  Act No. A258
------  19980115  Unsigned, became law without
                  signature of Governor
------  19970618  Ratified R259
House   19970617  Ordered enrolled for ratification
Senate  19970617  Free Conference Committee Report         89 SFCC
                  adopted
Senate  19970617  Free Conference Powers granted,          89 SFCC Leatherman
                  appointed Senators to Committee                  Courtney
                  of Free Conference                               Hutto
House   19970617  Free Conference Committee Report         99 HFCC
                  adopted
House   19970617  Free Conference Powers granted,          99 HFCC Harrison
                  appointed Reps. to Committee of                  Townsend
                  Free Conference                                  Jennings
House   19970605  Conference powers granted,               98 HCC  Harrison
                  appointed Reps. to Committee of                  Townsend
                  Conference                                       Jennings
Senate  19970605  Conference powers granted,               88 SCC  Leatherman
                  appointed Senators to Committee                  Courtney
                  of Conference                                    Hutto
Senate  19970605  Insists upon amendment
House   19970605  Non-concurrence in Senate amendment
Senate  19970605  House amendments amended,
                  returned to House with amendment
House   19970605  Amended, read third time,
                  returned to Senate with amendment
House   19970605  Debate adjourned
House   19970604  Amended, read second time
House   19970604  Request for debate withdrawn
                  by Representative                                J. Brown
                                                                   Moody-
                                                                   Lawrence
                                                                   Clyburn
House   19970604  Request for debate withdrawn
                  by Representative                                Simrill
House   19970604  Request for debate withdrawn
                  by Representative                                Limbaugh
                                                                   Woodrum
                                                                   Harrison
                                                                   R. Smith
House   19970604  Request for debate by Representative             Harrison
                                                                   Limbaugh
                                                                   Haskins
                                                                   R. Smith
                                                                   Loftis
                                                                   J. Brown
                                                                   Stuart
                                                                   Clyburn
House   19970604  Amended
House   19970603  Debate adjourned until
                  Wednesday, 19970604
House   19970529  Debate adjourned until
                  Tuesday, 19970603
House   19970527  Committee report: Favorable with         25 HJ
                  amendment
House   19970212  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19970211  Read third time, sent to House
Senate  19970206  Read second time, ordered to third
                  reading with notice of general
                  amendments
Senate  19970206  Committee amendment adopted
Senate  19970130  Committee report: Favorable with         11 SJ
                  amendment
Senate  19970114  Introduced, read first time,             11 SJ
                  referred to Committee


View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A258, R259, S60)

AN ACT TO AMEND SECTION 56-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OR REVOCATION OF A RESIDENT'S DRIVER'S LICENSE OR NONRESIDENT'S DRIVING PRIVILEGE UPON A CONVICTION IN ANOTHER STATE, SO AS TO REVISE THE DRIVER'S LICENSE, SUSPENSION, REVOCATION, ISSUANCE, AND RENEWAL PROCEDURE; TO AMEND SECTION 56-1-650, AS AMENDED, RELATING TO THE EFFECT OF CERTAIN CONVICTIONS ON THE STATUS OF A PERSON'S DRIVER'S LICENSE IN HIS HOME STATE, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL NOT POST TO AN INDIVIDUAL'S DRIVER'S RECORD A CONVICTION THAT IS NOT RECEIVED BY THE DEPARTMENT WITHIN A ONE-YEAR PERIOD; BY ADDING SECTION 56-1-175 AND SECTION 56-1-176 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY ISSUE PROVISIONAL DRIVER'S LICENSES; BY ADDING SECTION 56-23-87 SO AS TO PROVIDE THAT A PERSON WHO SUCCESSFULLY COMPLETES CERTAIN DRIVER'S TRAINING COURSES MUST BE ISSUED A CERTIFICATE OF COMPLETION; TO AMEND SECTION 56-1-30, RELATING TO PERSONS EXEMPT FROM DRIVER'S LICENSING REQUIREMENTS, SO AS TO PROVIDE A DEFINITION FOR IMPLEMENTS OF HUSBANDRY; TO AMEND SECTION 56-1-40, AS AMENDED, RELATING TO PERSONS WHO MAY NOT BE ISSUED A DRIVER'S LICENSE OR HAVE THEIR DRIVER'S LICENSES RENEWED AND THE ISSUANCE OF BEGINNER'S AND INSTRUCTION PERMITS, SO AS TO REVISE THE AGE OF A PERSON WHO MAY BE ISSUED A FULL DRIVER'S LICENSE OR A SPECIAL RESTRICTED DRIVER'S LICENSE, TO PROVIDE THAT A DRIVER'S LICENSE MAY BE ISSUED TO CERTAIN PERSONS WHO HAVE BEEN ISSUED A PROVISIONAL DRIVER'S LICENSE, AND TO DELETE A REFERENCE TO OBTAINING AN INSTRUCTION PERMIT; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO THE APPLICATION FOR, ISSUANCE OF, AND RENEWAL OF A BEGINNER'S PERMIT, AND CERTAIN EXEMPTIONS TO OBTAINING A BEGINNER'S PERMIT, SO AS TO REVISE THE HOURS A HOLDER OF A BEGINNER'S PERMIT MAY OPERATE A MOTOR VEHICLE, TO REVISE THE AGE OF THE PERSON WHO MUST ACCOMPANY THE HOLDER OF A BEGINNER'S PERMIT, REVISE THE GROUP OF PERSONS WHO ARE NOT REQUIRED TO OBTAIN A BEGINNER'S PERMIT TO OPERATE A MOTOR VEHICLE, TO PROVIDE THAT A PERSON WHO HAS NEVER HELD A FORM OF LICENSE EVIDENCING PREVIOUS DRIVING EXPERIENCE MUST OBTAIN A BEGINNER'S PERMIT AND HOLD IT FOR NINETY DAYS BEFORE BEING ELIGIBLE FOR FULL LICENSURE, AND TO PROVIDE A DEFINITION OF DAYLIGHT HOURS; TO AMEND SECTION 56-1-130, AS AMENDED, RELATING TO CERTAIN DRIVER'S LICENSE EXAMINATIONS, SO AS TO PROVIDE THAT A HOLDER OF A PROVISIONAL DRIVER'S LICENSE, OR A SPECIAL RESTRICTED DRIVER'S LICENSE MAY OPERATE A FARM TRUCK WITHOUT AN ACCOMPANYING ADULT DURING CERTAIN HOURS, ON CERTAIN HIGHWAYS, AND FOR CERTAIN PURPOSES; TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO THE ISSUANCE OF SPECIAL RESTRICTED DRIVER'S LICENSES, SO AS TO REVISE THE AGE AND DRIVING EXPERIENCE OF A PERSON WHO MAY BE ISSUED A SPECIAL RESTRICTED DRIVER'S LICENSE, TO REVISE THE CONDITIONS UPON WHICH A PERSON HOLDING A SPECIAL RESTRICTED DRIVER'S LICENSE MAY OPERATE A MOTOR VEHICLE, AND TO PROVIDE A DEFINITION FOR DAYLIGHT HOURS; TO AMEND SECTION 56-1-185, RELATING TO THE POSTPONEMENT OF THE REMOVAL OF THE RESTRICTIONS ON A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE FOR A SIX-MONTH SUSPENSION FOR A PERSON OPERATING A MOTOR VEHICLE WHILE POSSESSING A BEGINNER'S PERMIT, A PROVISIONAL, OR A SPECIAL RESTRICTED DRIVER'S LICENSE WHO HAS SUSTAINED CERTAIN CONVICTIONS; TO PROVIDE FOR THE TESTING OF THE ACCURACY OF THE BAC DATAMASTER AND THE SUBMISSION OF THE TEST RESULTS TO THE GENERAL ASSEMBLY; TO AMEND SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE PERMANENT REVOCATION OF A PERSON'S DRIVER'S LICENSE FOR A FOURTH OR SUBSEQUENT CONVICTION FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, EXCEPT UNDER CERTAIN CIRCUMSTANCES AND TO REVISE THE PENALTY FOR CERTAIN THIRD CONVICTIONS FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE; BY ADDING SECTION 56-1-385 SO AS TO PROVIDE PROCEDURES AND REQUIREMENTS FOR THE REINSTATEMENT OF A DRIVER'S LICENSE ONCE IT HAS BEEN PERMANENTLY REVOKED; TO AMEND SECTION 56-1-790, AS AMENDED, RELATING TO CERTAIN REPORTS OF OUT-OF-STATE, FEDERAL, OR COURT-MARTIAL CONVICTIONS AND THE RECORDING OF THESE CONVICTIONS ON A PERSON'S DRIVER'S RECORD, SO AS TO PROVIDE THAT WHEN A RESIDENT OF THIS STATE HAS BEEN CONVICTED OF CERTAIN MOTOR VEHICLE VIOLATIONS IN ANOTHER STATE FOR WHICH THERE IS NO CORRESPONDING OFFENSE IN THIS STATE, THE CONVICTION MUST NOT BE RECORDED ON THE PERSON'S DRIVING RECORD; BY ADDING SECTION 23-6-445 SO AS TO PROVIDE THAT CERTAIN LAW ENFORCEMENT OFFICERS WHO SERVE AS CHIEF OF A MUNICIPAL DEPARTMENT, A MAGISTRATE, OR A MUNICIPAL COURT JUDGE SHALL BE ISSUED A CERTIFICATE AS A LAW ENFORCEMENT OFFICER IF THE PERSON COMPLETES A CERTAIN COURSE TAUGHT BY THE DEPARTMENT OF PUBLIC SAFETY; BY ADDING SECTION 56-1-2115 SO AS TO PROVIDE FOR THE MANNER IN WHICH A PERSON WHO HAS BEEN DISQUALIFIED FROM DRIVING A COMMERCIAL VEHICLE FOR ONE YEAR OR MORE MAY BE RE-EXAMINED TO OBTAIN A COMMERCIAL DRIVER LICENSE; TO AMEND SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN THE COMMERCIAL DRIVER LICENSE ACT, SO AS TO REVISE THE DEFINITION OF OUT-OF-SERVICE ORDER; TO AMEND SECTION 56-1-2060, RELATING TO AN EMPLOYER'S RESPONSIBILITY REGARDING THE OPERATION OF A COMMERCIAL MOTOR VEHICLE BY HIS EMPLOYEE, SO AS TO PROVIDE THAT AN EMPLOYER WHO KNOWINGLY ALLOWS, PERMITS, OR AUTHORIZES A PERSON TO DRIVE A COMMERCIAL MOTOR VEHICLE DURING A PERIOD WHICH THE VEHICLE OR DRIVER IS SUBJECT TO AN OUT-OF-SERVICE ORDER IS SUBJECT TO A CIVIL FINE; TO AMEND SECTION 56-1-2070, RELATING TO PROHIBITIONS AGAINST AND EXCEPTIONS TO CERTAIN PROHIBITIONS AGAINST DRIVING A COMMERCIAL MOTOR VEHICLE WITHOUT A VALID DRIVER'S LICENSE, SO AS TO DELETE AN OBSOLETE REFERENCE, AND TO PROVIDE PENALTIES FOR A PERSON WHO ILLEGALLY OPERATES A COMMERCIAL MOTOR VEHICLE; TO AMEND SECTION 56-1-2080, RELATING TO QUALIFICATIONS FOR A COMMERCIAL DRIVER LICENSE, THE ADMINISTRATION OF THE DRIVER SKILLS TEST, CERTAIN PERSONS TO WHOM A COMMERCIAL DRIVER LICENSE MAY NOT BE ISSUED, AND THE COMMERCIAL DRIVER INSTRUCTION PERMIT, SO AS TO DELETE THE PROVISIONS THAT PERMIT A WAIVER OF THE COMMERCIAL DRIVER LICENSE SKILLS TESTS TO CERTAIN COMMERCIAL DRIVER LICENSE APPLICANTS; TO AMEND SECTION 56-1-2100, AS AMENDED, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER LICENSE, SO AS TO REVISE THE PROVISIONS RELATING TO CLASSIFICATIONS, ENDORSEMENTS, AND RESTRICTIONS; TO AMEND SECTION 56-1-2120, RELATING TO THE PROHIBITION AGAINST DRIVING A COMMERCIAL VEHICLE WITH A MEASURABLE AMOUNT OF ALCOHOL, SO AS TO PROHIBIT AN ON-DUTY DRIVER OF A COMMERCIAL VEHICLE FROM POSSESSING AN ALCOHOLIC BEVERAGE WHICH IS NOT PART OF THE MANIFEST AND TRANSPORTED AS PART OF THE SHIPMENT.

Be it enacted by the General Assembly of the State of South Carolina:

Driver's license revocation

SECTION 1. Section 56-1-320 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-1-320. (A) The department may, in its discretion, suspend or revoke the license of any resident of this State or the privilege of a nonresident to drive a motor vehicle in this State upon receiving notice of the conviction of such person in another state of an offense therein which, if committed in this State, would be grounds for the suspension or revocation of the South Carolina license.

Provided, however, that if a resident of this State has his driver's license revoked or suspended for a motor vehicle violation in another jurisdiction, the department must review the revocation or suspension period for the out-of-state conviction and apply the laws of this State if the out-of-state revocation or suspension period exceeds the revocation or suspension period provided under the laws of this State for that offense. If the laws of this State are applied to an out-of-state conviction, the department must restore the individual's privilege to drive in South Carolina once the individual has cleared the suspension pursuant to this title, regardless of whether the individual's privilege to drive has been restored in the state where the conviction occurred, provided the individual is otherwise eligible for the issuance or renewal of a South Carolina license.

If another state restores limited or restricted driving privileges to the person whose license has been suspended or revoked, such restoration of privileges shall also be valid in this State and the department must issue a driver's license to the individual under the same terms and conditions under which driving is authorized in the state of conviction.

(B) The department may not refuse to issue or renew a driver's license to an individual who:

(1) is still under suspension or revocation in another jurisdiction for an out-of-state conviction which was not reported to the department within the one-year period provided for in Section 56-1-650(C);

(2) has received notice of clearance from the jurisdiction where the revocation or suspension has terminated or that all requirements necessary for reissuance of driving privileges in that jurisdiction are met; or

(3) does not have a letter of clearance from the jurisdiction where the conviction occurred and is still under suspension or revocation in that jurisdiction for a conviction which was not reported to the department within the one-year period provided for in Section 56-1-650(C)."

Posting of convictions on a driving record

SECTION 2. Section 56-1-650(C) of the 1976 Code, as last amended by Act 459 of 1996, is further amended by adding at the end:

"The department shall not post to an individual's driver's record any conviction that is not received by the department within the one-year period for offenses governed by this subsection. For purposes of this title, this means all convictions which occurred after June 4, 1995, which are not required to be reported pursuant to subsection (A). The department may not refuse to issue or renew a resident's driver's license when the individual's privilege to drive is suspended or revoked for an out-of-state conviction which was not reported to the department within one year of the date of conviction, as required in this subsection."

Issuance of provisional driver's licenses

SECTION 3. The 1976 Code is amended by adding:

"Section 56-1-175. (A) The department may issue a provisional driver's license to a person who is at least fifteen years of age and less than sixteen years of age, who has:

(1) held a beginner's permit for at least ninety days;

(2) passed a driver's education course as defined in subsection (D);

(3) passed successfully the road tests or other requirements the department may prescribe; and

(4) satisfied the school attendance requirement contained in Section 56-1-176.

(B) A provisional driver's license is valid only in the operation of:

(1) vehicles during daylight hours. The holder of a provisional license must be accompanied by a licensed adult twenty-one years of age or older after six o'clock p.m., or eight o'clock p.m. during daylight saving time. A provisional driver's license holder may not drive between midnight and six o'clock a.m., unless accompanied by the holder's licensed parent or guardian;

(2) a motor scooter or light motor-driven cycle of five-brake horsepower or less, during daylight hours.

(C) Daylight hours, as used in this section, means 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 provisional license may operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m. For purposes of this section, all other hours are designated as nighttime hours.

(D) A driver training course, as used in this section, means a driver's training course administered by a driver's training school or a private, parochial, or public high school conducted by a person holding a valid driver's instructor permit contained in Section 56-23-85.

(E) For purposes of issuing a provisional driver's license pursuant to this section, the department must accept a certificate of completion for a student who attends or is attending an out-of-state high school and passed a qualified driver's training course or program that is equivalent to an approved course or program in this State. The department must establish procedures for approving qualified driver's training courses or programs for out-of-state students."

Conditions for the issuance of a provisional driver's license

SECTION 4. The 1976 Code is amended by adding:

"Section 56-1-176. (A) School attendance is a condition for the issuance of a provisional license. The department may not issue a provisional license to a person pursuant to Section 56-1-175 unless the person:

(1) has a high school diploma or certificate, or a General Education Development Certificate; or

(2) is enrolled in a public or private school which has been approved by the State Board of Education or a member school of the South Carolina Independent School's Association or a similar organization, or a parochial, denominational, or church-related school, or other programs which are accepted by the State Board of Education, and:

(a) the person has conformed to the attendance laws, regulations, and policies of the school, school district, and the State Board of Education, as applicable; and

(b) the person is not suspended or expelled from school.

(B) Documentation of enrollment status must be presented to the department by the applicant on a form approved by the department. The documentation must indicate whether the student is in compliance with the requirements as provided in item (2)."

Issuance of a certificate of completion

SECTION 5. The 1976 Code is amended by adding:

"Section 56-23-87. A person successfully completing a driver's training course conducted by a person holding a valid driver's instructor permit as provided for in Section 56-23-85 must be issued a certificate of completion by the entity conducting the course in a form consistent with regulations issued by the Department of Public Safety."

Implements of husbandry defined

SECTION 6. Section 56-1-30(4) of the 1976 Code is amended to read:

"(4) A person operating or driving implements of husbandry temporarily drawn, propelled, or moved upon a highway. Implements of husbandry include, but are not limited to, farm machinery and farm equipment other than a passenger car."

Issuance of a driver's license to a teenager

SECTION 7. Section 56-1-40(1) of the 1976 Code, as last amended by Section 121D, Part II, Act 497 of 1994, is further amended to read:

"(1) who is under seventeen years of age, except that the department may issue a license to a sixteen-year old who is licensed to drive pursuant to Section 56-1-175 after one year from the date of the issuance of the provisional license, if the driver has not been convicted of a point-assessable traffic offense posted to his driver's record during that period. However, the department may issue a beginner's permit as provided in Section 56-1-50 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 sixteen years of age and less than seventeen years of age as provided in Section 56-1-180 and meets the requirements of that section;"

Beginner's permit

SECTION 8. Section 56-1-50 of the 1976 Code, as last amended by Section 121E, Part II, 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 in the operation of:

(1) vehicles during the daylight hours;

(2) motor scooter or light motor-driven cycle of five-brake horsepower or less during daylight hours.

(C) Except as provided in subsection (E), while driving, as provided in subsection (B)(1), the permittee must be accompanied by a licensed driver 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) 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. A permit is not valid until it has been signed by the permittee.

(E) 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's training course while the student is participating in the course and when accompanied by a qualified instructor of the course; and

(2) a person fifteen years of age or older enrolled in a driver training course conducted by a driver training school licensed under Chapter 23 of this title. However, 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.

(F) A person who has never held a form of license evidencing previous driving experience first must be issued a beginner's permit and must hold the permit for at least ninety days before being eligible for full licensure.

(G) Daylight hours, as used in this section, means 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."

Driver's license examination

SECTION 9. Section 56-1-130 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-1-130. (A) The department shall examine every applicant for a driver's license, except as otherwise provided in this article. The examination shall include a test of the applicant's eyesight, his ability to read and understand highway signs regulating, warning, and directing traffic, and his knowledge of the traffic laws of this State and shall include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of the type motor vehicle, including motorcycles, for which a license is sought. The department may require such further physical and mental examination as it considers necessary to determine the applicant's fitness to operate a motor vehicle upon the highways, such further examination to be at the applicant's expense. The department shall make provisions for giving an examination in the county where the applicant resides. The department shall charge an appropriate fee for each complete examination or reexamination required in this article.

(B) No persons, except those exempted under Section 56-1-30 and Section 56-1-60 or those holding beginner's permits under Section 56-1-50, shall operate any classification of motor vehicle without first being examined and duly licensed by the driver examiner as a qualified driver of that classification of motor vehicle.

(C) A basic driver's license authorizes the licensee to operate motor vehicles, three-wheel vehicles, or combinations of vehicles which do not exceed twenty-six thousand pounds gross vehicle weight; provided, that the driver has successfully demonstrated the ability to exercise ordinary and reasonable control in the operation of a motor vehicle in this category. A basic driver's license also authorizes the licensee to operate farm trucks provided for in Sections 56-3-670, 56-3-680, and 56-3-690, which are used exclusively by the owner for agricultural, horticultural, and dairying operations or livestock and poultry raising. Notwithstanding any other provision of law, the holder of a provisional license, or special restricted license operating a farm truck for the purposes provided in this subsection, may operate the farm truck without an accompanying adult after six o'clock a.m. and no later than nine o'clock p.m., but may not operate a farm truck on a freeway. A person operating a farm truck while holding a provisional driver's license or a special restricted license may not use the farm truck for ordinary domestic purposes or general transportation.

A classified driver's license shall authorize the licensee to operate a motorcycle or those vehicles in excess of twenty-six thousand pounds gross vehicle weight which are indicated by endorsement on the license. The endorsement may include classifications such as: motorcycle, two-axle truck, three or more axle truck, combination of vehicles, motor-busses, or oversize or overweight vehicles. The department shall determine from the driving demonstration the endorsements to be indicated on the license."

Special restricted driver's license

SECTION 10. 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 sixteen years of age and less than seventeen years of age, who first has held a beginner's permit for ninety days and who has successfully passed the road tests or other requirements the department in its discretion may prescribe.

(B) The special restricted driver's license is valid only in the operation of:

(1) vehicles during daylight hours. During nighttime hours, the holder of a special restricted driver's license must be accompanied by a licensed adult, twenty-one years of age or older. The holder of a special restricted driver's license may not drive between midnight and six o'clock a.m., unless accompanied by the holder's licensed parent or guardian. The restrictions in this section may be modified or waived by the department if the restricted licensee proves to the department's satisfaction that the restriction interferes or substantially interferes with:

(a) employment or the opportunity for employment;

(b) travel between the licensee's home and place of employment or school; or

(c) travel between the licensee's home or place of employment and vocational training;

(2) a motor scooter or light motor-driven cycle of five-brake horsepower or less during daylight hours.

(C) The waiver or modification of restrictions provided for in item (1) must include a statement of the purpose of the waiver or modification executed by the parents or legal guardian of the holder of the restricted license and documents executed by the driver's employment or school official, as is appropriate, evidencing the holder's need for the waiver or modification.

(D) Daylight hours, as used in this section, means 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 special restricted license may operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m. For purposes of this section, all other hours are designated as nighttime hours."

Special restricted driver's license

SECTION 11. Section 56-1-185 of the 1976 Code is amended to read:

"Section 56-1-185. (A) A person while operating a motor vehicle under a special restricted driver's license who is convicted of a point-assessable traffic offense or involved in an accident in which he was at fault shall have the removal of the restrictions postponed for six months during which period the licensee must be free of any traffic convictions.

(B) A person while operating a motor vehicle under a beginner's permit or a provisional or a special restricted driver's license who is convicted of one or more point-assessable traffic offenses totaling six or more points, as determined by the values contained in Section 56-1-720, shall have his license suspended by the department for six months. This suspension shall not preclude other penalties otherwise provided for the same violations."

Testing of the BAC Datamaster

SECTION 12. The State Law Enforcement Division must submit the BAC Datamaster to an independent facility with expertise in breath alcohol testing so that the instrument may be tested to determine its accuracy and precision. SLED must submit the results of the test to the General Assembly by January 1, 1998.

Driver's license suspension

SECTION 13. The first paragraph of Section 56-5-2990 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"The department shall suspend the driver's license of a 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 another law or ordinance of this State or of a municipality of this State that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics for six months for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail, one year for the second conviction, plea of guilty or of nolo contendere, or forfeiture of bail, two years for the third offense, and a permanent revocation of the driver's license for fourth 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. However, if the third conviction occurs within five years from the date of the first offense, then

the department shall suspend the driver's license for four years. A person whose license is revoked following conviction for a fourth offense as provided in this section is forever barred from being issued any license by the Department of Public Safety to operate a motor vehicle except as provided in Section 56-1-385."

Driver's license reinstatement

SECTION 14. The 1976 Code is amended by adding:

"Section 56-1-385. (A) Notwithstanding any other provision of law, a person whose driver's license or privilege to operate a motor vehicle has been revoked permanently pursuant to Section 56-5-2990, excluding persons convicted of felony driving under the influence of alcohol or another controlled substance under Section 56-5-2945, may petition the circuit court in the county of his residence for reinstatement of his driver's license and shall serve a copy of the petition upon the solicitor of the circuit. The solicitor or his designee within thirty days may respond to the petition and demand a hearing on the merits of the petition. If the solicitor or his designee does not demand a hearing, the circuit court shall consider any affidavit submitted by the petitioner and the solicitor or his designee when determining whether the conditions required for driving privilege reinstatement have been met by the petitioner. The court may order the reinstatement of the person's driver's license upon the following conditions:

(1) the person must not have been convicted in this State or any other state of an alcohol or drug violation during the previous seven-year period;

(2) the person must not have been convicted of or have charges pending in this State or another state for a violation of driving while his license is canceled, suspended, or revoked during the previous seven-year period;

(3) 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)(1) A person may not seek reinstatement of his driver's license pursuant to this section if the person subsequently is convicted of, receives a sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for a violation of Section 56-5-2930 or for a violation of another law or ordinance of this State or any other state or of a municipality of this State or any other state that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics.

(2) Nothing in this section may be construed to prohibit a person whose license has been revoked pursuant to Section 56-5-2930 before the effective date of this section from seeking reinstatement of his license pursuant to the provisions in this section.

(C) If a person's privilege to operate a motor vehicle is restored pursuant to this section, a subsequent violation of driving under the influence of alcohol or another controlled substance or felony driving under the influence of alcohol or another controlled substance 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.

(D) Before a person may have his driver's license reinstated under this section he must:

(1) pay a two hundred dollar filing fee to the court; and

(2) successfully complete the requirements to obtain a driver's license contained in this article."

Reciprocal agreements for reporting driving convictions

SECTION 15. Section 56-1-790 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-1-790. The department may enter into a reciprocal agreement with the proper agency of any other state for the purpose of reporting convictions in one state by a person holding a driver's license in the other state. Such convictions in another state of a violation therein which, if committed in this State, would be a violation of the traffic laws of this State, may be recorded against a driver the same as if the conviction had been made in the courts of this State. When a resident of this State has been convicted of a motor vehicle violation in another state for which there is no corresponding offense in this State, excluding the offenses listed in Section 56-1-650(A), the conviction must not be recorded on the person's driving record in this State.

Guilty pleas, failure to respond to charges or convictions by courts-martial or post or base commanders of any of the various branches of the Armed Forces of the United States or by a United States Commissioner of a violation either on or off government property which, if committed in this State, would be a violation of the laws of this State, may, in the discretion of the department, be recorded against a driver the same as if the plea of guilty, forfeiture of bond, or conviction had been made in the courts of this State."

Certificate as a law enforcement officer

SECTION 16. Article 9, Chapter 6, Title 23 of the 1976 Code is amended by adding:

"Section 23-6-445. A retired law enforcement officer with twenty years or more law enforcement experience who subsequently serves as a magistrate or municipal judge of this State and is or has been appointed chief of a municipal department by the governing body thereof shall be issued a certificate as a law enforcement officer pursuant to Section 23-6-440 if that person completes the legal course for class I certified officers taught by the Criminal Justice Academy Division of the Department of Public Safety. This provision shall also apply to a retired law enforcement officer of this State with twenty years or more law enforcement experience whose certificate has lapsed due to a three-year break in service who subsequently is appointed chief of a municipal department by the governing body thereof."

Commercial driver's license re-examination

SECTION 17. The 1976 Code is amended by adding:

"Section 56-1-2115. (A) A person who has been disqualified from driving a commercial vehicle pursuant to the provisions contained in Section 56-1-2110 for one year or more, must complete successfully the requirements contained in Section 56-1-2080 and satisfy all other requirements imposed by state or federal law before the person is eligible to be re-examined pursuant to the provisions contained in subsection (B).

(B) The re-examination consists of the commercial driver license standards contained in 49 CFR of the Federal Motor Carrier Regulations which includes successful completion of the applicable knowledge tests and the complete road test which includes pre-trip inspection, basic control skills, and the on-road test."

'Out-of-service order' defined

SECTION 18. Section 56-1-2030(21) of the 1976 Code is amended to read:

"(21) 'Out-of-service order' means declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican, or local jurisdiction that a person, a commercial motor vehicle, or a motor carrier operation, is out of service pursuant to 49 CFR Sections 386.72, 390.5, 392.5, 395.13, 396.9, or compatible laws, or the North American Uniform Out-of-Service Criteria. For purposes of this article, regulations requiring disqualifications for violations of out-of-service orders affect all vehicles with a gross combination weight rating or gross vehicle weight rating greater than 10,000 pounds, as contained in 49 CFR Sections 383, 390.5 and 393 of the Federal Motor Carrier Regulations."

Operation of a commercial motor vehicle

SECTION 19. Section 56-1-2060 (B) of the 1976 Code is amended to read:

"(B) No employer knowingly may allow, permit, or authorize a person to drive a commercial motor vehicle during a period in which:

(1) the person's commercial driver license is suspended, revoked, or canceled by a state, has lost the privilege to drive a commercial motor vehicle in a state, is disqualified from driving a commercial motor vehicle, or is subject to an out-of-service order in a state;

(2) the person has more than one driver's license, except during the ten-day period beginning on the date the employee is issued a driver's license; or

(3) an employer who knowingly allows, permits, or authorizes a person to drive a commercial motor vehicle during a period in which either the vehicle or the person is subject to an out-of-service order is subject to a civil penalty of not less than two thousand five hundred dollars nor more than ten thousand dollars."

Operation of a commercial motor vehicle

SECTION 20. Section 56-1-2070 of the 1976 Code is amended to read:

"Section 56-1-2070. (A) Except as provided in subsection (C) or when driving under a commercial driver instruction permit and accompanied by the holder of a commercial driver license valid for the vehicle being driven, no person may drive a commercial motor vehicle on

the highways of this State, unless the person has been issued, and is in immediate possession of, a valid commercial driver license and applicable endorsements valid for the vehicle which the person is driving.

(B) A person operating a commercial motor vehicle as defined in Section 56-1-2030 and 49 CFR 383.5, without the proper class commercial license or permit with all applicable endorsements or restrictions as defined in Section 56-1-2100 must be placed out of service and is guilty of a misdemeanor and upon conviction of a first offense, must be fined not less than one hundred fifty dollars and not more than two hundred dollars or imprisoned for thirty days and upon conviction of a second offense or subsequent offense must be fined not less than two hundred fifty dollars and not more than five hundred dollars or imprisoned forty-five days or both.

(C) The following persons may operate commercial motor vehicles without a commercial driver 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.

(D) No person may drive a commercial motor vehicle on the highways of this State while:

(1) his commercial driver license or privilege to drive is suspended, revoked, or canceled;

(2) subject to a disqualification; or

(3) in violation of an out-of-service order.

(E) A person violating the requirements of subsection (D)(3) must be punished as follows, while all other violations of this section must be punished as though convicted of a violation of Section 56-1-460. A person is disqualified for not less than:

(1) ninety days nor more than one year if the person is convicted of a first violation of an out-of-service order. Additionally, a person who is convicted of violating an out-of-service order is subject to a civil penalty of not less than one thousand dollars nor more than two thousand five hundred dollars;

(2) one year nor more than five years if during a ten-year period the person is convicted of two violations of out-of-service orders in separate incidents. Additionally, a person who is convicted of violating an out-of-service order is subject to a civil penalty of not less than one thousand dollars nor more than two thousand five hundred dollars;

(3) three years nor more than five years if during a ten-year period the person is convicted of three or more violations of out-of-state service orders in separate incidents. Additionally, a person who is convicted of violating an out-of-service order is subject to a civil penalty of not less than one thousand dollars nor more than two thousand five hundred dollars;

(4) one hundred eighty days nor more than two years if the driver is convicted of a first violation of an out-of-service order while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act (49 U.S.C. 5101-5127), or while operating motor vehicles designed to transport more than fifteen passengers, including the driver. A driver is disqualified for a period of not less than three years nor more than five years if during a ten-year period the person is convicted of any subsequent violations of out-of-service orders, in separate incidents, while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act, or while operating motor vehicles designed to transport more than fifteen passengers, including the driver. Additionally, a driver who is convicted of violating an out-of-service order is subject to a civil penalty of not less than one thousand dollars nor more than two thousand five hundred dollars."

Issuance of a commercial driver's license

SECTION 21. Section 56-1-2080 of the 1976 Code is amended to read:

"Section 56-1-2080. (A)(1) No person may be issued a commercial driver 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 CFR 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.

(2) The department 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 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;

(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 persons participating in the program.

(B) A commercial driver license or commercial driver 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 license be issued to a person who has a commercial driver license issued by any other state unless the person first surrenders all those licenses, each of which must be returned to the issuing state for cancellation.

(C)(1) A commercial driver instruction permit may be issued to an individual who holds a valid Class 'D' license and who has passed the appropriate vision and written test for the type of commercial driver license sought.

(2) The holder of a commercial driver instruction permit, unless otherwise disqualified, may drive a commercial motor vehicle but only when accompanied by the holder of a commercial driver 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 instruction permit may not be issued for longer than six months. Only one renewal or reissuance may be granted within a two-year period."

Commercial driver licenses

SECTION 22. Section 56-1-2100(B) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(B) The holder of a valid commercial driver license may drive all vehicles in the class for which that license is issued and all lesser classes of vehicles except motorcycles. Vehicles which require an endorsement may not be driven unless the proper endorsement appears on the license. Commercial driver licenses may be issued with the following classifications, endorsements, and restrictions:

(1) Classifications:

(a) Class A: A combination of vehicles with a gross combination weight rating of twenty-six thousand one pounds or more provided the gross vehicle weight rating of the vehicle being towed is in excess of ten thousand pounds.

(b) Class B: A single vehicle with a gross vehicle weight rating of twenty-six thousand one pounds or more, or any such vehicle towing a vehicle not in excess of ten thousand pounds gross vehicle weight rating.

(c) Class C: A single vehicle, or combination of vehicles, that are not Class A or B vehicles but either designed to transport 16 or more passengers including the driver, or are placarded for hazardous materials under 49 CFR, Part 172, subpart F.

(2) Endorsements:

(a) 'H' authorizes the person to drive a vehicle transporting hazardous materials;

(b) 'T' authorizes double trailers;

(c) 'P' authorizes driving vehicles carrying passengers;

(d) 'N' authorizes driving tank vehicles;

(e) 'X' represents a combination of hazardous materials or tank vehicle endorsements, or both.

(3) Restrictions:

(a) 'K' restricts the person to vehicles not equipped with airbrakes;

(b) 'Z' except tractor trailer;

(c) 'Z-1' may not operate commercial motor vehicles with a gross vehicle weight rating or a gross combination weight rating exceeding 26,000 pounds."

Alcoholic beverages

SECTION 23. Section 56-1-2120 of the 1976 Code is amended to read:

"Section 56-1-2120. (A) A person may not drive a commercial motor vehicle within this State while having a measurable amount of alcohol in his body.

(B) A person who drives a commercial motor vehicle within this State while having a measurable amount of alcohol in his system or who refuses to submit to an alcohol test under Section 56-1-2130 must be placed out-of-service for twenty-four hours.

(C) A person who drives a commercial motor vehicle in this State with an alcohol concentration of four one-hundredths of one percent or more must be disqualified from driving a commercial motor vehicle under Section 56-1-2110.

(D) A person must not be on duty or operate a commercial motor vehicle while he possesses an alcoholic beverage that is not part of the manifest and transported as part of the shipment."

Time effective

SECTION 24. Sections 1, 2, 12, 13, 14, 15, 16, and 24 take effect upon approval by the Governor unless otherwise provided. The provision in Section 13 that enhances the suspension period from two years to four years for a third conviction within five years of a first offense of operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics shall not apply unless the first, second, and third offense convictions occurred after the effective date of this act. Sections 3, 4, 5, 6, 7, 8, 9, 10, and 11, which apply to a person applying for a beginner's permit, provisional or restricted driver's license, or regular motor vehicle driver's license, take effect on July 1, 1998. A person who, on July 1, 1998, is a holder of a valid special restricted license is entitled to retain that license and is exempt from the provisional license requirements. The purpose of this section is to grandfather persons who hold a valid special restricted license on July 1, 1998. No provision in this section must be construed to prevent loss of the holder's licensing privileges for traffic violations or other acts which would otherwise affect his driving privilege. Sections 17, 18, 19, 20, 21, 22, and 23 become effective on October 1, 1997.

Became law without the signature of the Governor -- 1/15/98.