Download This Version in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 29, 2003
S. 356
S. Printed 5/29/03--H.
Read the first time April 30, 2003.
To whom was referred a Bill (S. 356) to amend Chapter 1 of Title 56 of the 1976 code by adding Section 56-1-205 to provide that the department, upon request, must place a notation on an applicant's driver's license, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 56-5-6540 of the 1976 Code, as last amended by Act 65 of 2001, is further amended to read:
"Section 56-5-6540. (A) A person who violates the provisions of this article, upon conviction, must be fined not more than twenty-five dollars, all or part of which may be suspended. No Court costs, assessments, or surcharges may not be assessed against the person convicted. No A person may not be fined more than fifty dollars for any one incident of one or more violations of the provisions of this article. No A custodial arrest for a violation of this article may not be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A conviction for violation of this article does not constitute a criminal offense. Notwithstanding Section 56-1-640, a conviction for a violation of this article must not be included in the offender's motor vehicle records maintained by the Department of Public Safety or in the criminal records maintained by SLED.
(B) A law enforcement officer must not stop a driver for a violation of this article in the absence of another violation of the motor vehicle laws except as follows:
(1) when the officer has probable cause for a violation of this article based on his clear and unobstructed view of a driver seventeen years of age or younger or an occupant of the motor vehicle seventeen years of age or younger who is not wearing a safety belt or is not secured in a child restraint system as required by Article 47; or
(2) when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time.
(C) A citation for a violation of this article, except for a citation issued pursuant to a stop made under subsection (B)(1), must not be issued without citing the violation that initially caused the officer to effect the enforcement stop.
(D) A citation issued pursuant to a stop made under subsection (B)(1) may be issued without citing any other violation.
In addition, a conviction for violation of this article must not be reported to the offender's motor vehicle insurer.
(E)(B) A violation of this article does is not constitute negligence per se or contributory negligence, and is not admissible as evidence in a civil action.
(F)(C) No A vehicle, driver, or occupant in a vehicle may not be searched solely because of a violation of this article, nor may consent to search be requested or a stop made under subsection (B)(1).
(D) A law enforcement officer must not stop a driver for a violation of this article except when the officer has probable cause for a violation of this article based on his clear and unobstructed view of a driver or an occupant of the motor vehicle who is not wearing a safety belt or is not secured in a child restraint system as required by Article 47 of this chapter."
SECTION 2. This act takes effect six months after the date of approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
RONALD P. TOWNSEND for Committee.
TO AMEND CHAPTER 1 OF TITLE 56 OF THE 1976 CODE BY ADDING SECTION 56-1-205 TO PROVIDE THAT THE DEPARTMENT, UPON REQUEST, MUST PLACE A NOTATION ON AN APPLICANT'S DRIVER'S LICENSE THAT THE APPLICANT IS HEARING IMPAIRED AND IF THE APPLICANT SUFFERS HEARING LOSS OF FORTY DECIBELS OR MORE; AND TO AMEND CHAPTER 3 OF TITLE 56 BY ADDING SECTION 56-3-1930 TO PROVIDE FOR IDENTIFICATION PLACARDS FOR HEARING IMPAIRED DRIVERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1 of Title 56 of the 1976 Code is amended by adding:
"Section 56-1-205. An applicant for the issuance or renewal of a driver's license may request that a notation be placed on the license indicating that the applicant is hearing impaired.
The department must place the notation on the driver's license if requested by the applicant and if the applicant provides an original certificate from a licensed physician, as defined in Section 40-47-5, that the applicant has a permanent, uncorrectable hearing loss of forty decibels or more in one or both ears.
This section shall apply to a driver's license issued on or after January 1, 2004."
SECTION 2. Chapter 3 of Title 56 of the 1976 Code is amended by adding:
"Section 56-3-1930. (A) An identification placard must be issued to a hearing impaired licensed driver upon application. The application is to be on a form prescribed by the department and may be made in person or by mail. The application must include an original certificate from a licensed physician, as defined in Section 40-47-5, that the applicant has a permanent, uncorrectable hearing loss of forty decibels or more in one or both ears. No licensed applicant may be denied a placard if the completed application includes an original certificate from a licensed physician. The placard shall expire on the licensee's birth date of the fifth calendar year after the calendar year in which a hearing impaired driver is issued a license.
(B) The placard must be rectangular in shape, approximately the same size as an average motor vehicle sun visor, as determined by the department, to enable it to be attached to a sun visor in a motor vehicle. The department shall determine the shape, size preferred, and manner in which a hearing-impaired motorcycle operator is to carry or display the placard. The placard must contain the heading `Hearing Impaired Driver' in boldface type and the name, signature, and driver's license number of the hearing-impaired person along with an explanation of appropriate use in the event the hearing impaired driver is stopped by a law enforcement officer while driving.
(C) A fee not to exceed five dollars may be charged to each applicant issued a placard in accordance with this section. These fees shall be retained by the department to offset the cost of providing these placards."
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on Thursday, June 25, 2009 at 9:38 A.M.