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TO AMEND SECTION 56-1-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A LICENSED DRIVER HAVE HIS LICENSE IN HIS IMMEDIATE POSSESSION WHEN OPERATING A MOTOR VEHICLE, SO AS TO CLARIFY THE APPLICATION OF EARLIER AMENDMENTS TO THE DRIVER'S LICENSE LAW REQUIRING A CHARGE OF VIOLATING THIS SECTION TO BE DISMISSED IF THE DRIVER, ON OR BEFORE THE COURT DATE, PROVIDES PROOF TO THE COURT THAT THE DRIVER HAD A VALID LICENSE AT THE TIME OF THE VIOLATION AND TO MAKE GRAMMATICAL CHANGES.
Whereas, by amendments to Section 56-1-440 of the 1976 Code, made in Act 100 of 1999 and Act 90 of 2001, the General Assembly intended to make it possible for a licensed driver charged with failure to have his driver's license in his immediate possession while operating a motor vehicle to have that charge dismissed by providing the court, on or before the court date, proof that the person was a licensed driver at the time of the violation; and
Whereas, a hyper-technical reading of that code section may have led to the denial of the benefit of these amendments to licensed drivers; and
Whereas, it is appropriate to eliminate any possibility of confusion in the interpretation of these amendments. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-1-190 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"Section 56-1-190. A licensee shall must have his license in his immediate possession at all times when operating a motor vehicle and shall display it upon demand of an officer or agent of the department or a law enforcement officer of the State. No points pursuant to Section 56-1-720 may be assessed. No and no points for insurance merit rating system and recoupment purposes may be assessed in connection with a violation of this section. A charged violation of this section must be dismissed if the person provides proof of being a licensed driver at the time of the violation to the court on or before the date this matter is set to be disposed of by the court."
SECTION 2. This act takes effect upon approval by the Governor.
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