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TO AMEND SECTION 56-1-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE OPERATING RECORD POINT VIOLATION SYSTEM, SO AS TO PROVIDE THAT A UNIFORM PARKING VIOLATIONS TICKET ISSUED TO A PERSON WHOSE VEHICLE VIOLATES THE PRESCRIBED USE OF A PARKING SPACE MUST BE ASSESSED TWO POINTS AGAINST HIS MOTOR VEHICLE OPERATING RECORD; TO AMEND SECTION 56-3-1960, AS AMENDED, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS AND THE ISSUANCE AND DISPLAY OF HANDICAPPED PLACARDS, SO AS TO ESTABLISH WHO MAY USE OR DISPLAY A HANDICAPPED PLACARD; TO PROVIDE THAT IS ILLEGAL TO FILE A FALSE APPLICATION TO OBTAIN A HANDICAPPED LICENSE PLATE OR PLACARD, AND TO PROVIDE THAT IT IS ILLEGAL TO DUPLICATE, FORGE, OR SELL A HANDICAPPED PLACARD OR LICENSE PLATE; TO AMEND SECTION 56-3-1970, AS AMENDED, RELATING TO PARKING ILLEGALLY IN A HANDICAPPED PARKING SPACE, SO AS TO INCREASE THE MAXIMUM FINE FOR A VIOLATION OF THIS PROVISION; AND TO AMEND SECTION 56-3-1971, AS AMENDED, RELATING TO THE ISSUANCE OF A UNIFORM PARKING VIOLATION TICKET, SO AS TO ALLOW CERTAIN VOLUNTEERS TRAINED BY A LAW ENFORCEMENT AGENCY TO ISSUE THESE TICKETS, AND TO ALLOW LAW ENFORCEMENT OFFICERS TO ISSUE A UNIFORM PARKING VIOLATION TICKET TO AN OPERATOR OF A MOTOR VEHICLE WHICH IS A TWO MOTOR VEHICLE OPERATING RECORD VIOLATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-1-720 of the 1976 Code is amended to read:
"Section 56-1-720. There is established a point system for the evaluation of the operating record of persons to whom a license to operate motor vehicles has been granted and for the determination of the continuing qualifications of these persons for the privileges granted by the license to operate motor vehicles. The system shall have as its basic element a graduated scale of points assigning relative values to the various violations in accordance with the following schedule:
VIOLATION POINTS
Reckless driving 6
Passing stopped school bus 6
Hit-and-run, property damages only 6
Driving too fast for conditions, or speeding:
(1) No more than 10 m.p.h. above the
posted limits 2
(2) More than 10 m.p.h. but less than 25
m.p.h. above the posted limits 4
(3) 25 m.p.h. or above the posted limits 6
Disobedience of any official traffic control
device 4
Disobedience to officer directing traffic 4
Failing to yield right of way 4
Driving on wrong side of road 4
Passing unlawfully 4
Turning unlawfully 4
Driving through or within safety zone 4
Failing to give signal or giving improper
signal for stopping, turning, or suddenly
decreased speed 4
Shifting lanes without safety precaution 2
Improper dangerous parking 2
Following too closely 4
Failing to dim lights 2
Operating with improper lights 2
Operating with improper brakes 4
Operating a vehicle in unsafe condition 2
Driving in improper lane 2
Improper backing 2
Improper use of a parking space violation 2"
SECTION 2. Section 56-3-1960 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding at the end:
"(4) A handicapped placard can be used only by the person, organization, or agency it was issued to, or displayed on a vehicle that is transporting a handicapped individual.
(5) A person, agency, or organization that files a false application to obtain a license plate or placard that allows a motor vehicle to park in a handicapped parking space, or allows a motor vehicle to park in a metered or timed parking space without being subject to parking fees or fines is guilty of a misdemeanor and, upon conviction, must be fined not less than three hundred dollars, and not more than five hundred dollars.
(6) A person who illegally duplicates, forges, or sells a handicapped placard or license plate is guilty of a misdemeanor and, upon conviction, must be imprisoned for thirty days and fined not less than three hundred dollars, and not more than five hundred dollars for each offense."
SECTION 3. Section 56-3-1970 of the 1976 Code, as last amended by Act 421 of 1992, is amended to read:
"Section 56-3-1970. It is unlawful to park any vehicle in a parking place clearly designated for handicapped persons unless the vehicle bears the distinguishing license plate or placard provided in Section 56-3-1960.
It is unlawful for any person who is not handicapped or who is not transporting a handicapped person to exercise the parking privileges granted handicapped persons pursuant to Section 56-3-1960.
A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two three hundred dollars or imprisoned for not more than thirty days for each offense."
SECTION 4. Section 56-3-1971 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 56-3-1971. (A) All law enforcement officers issuing tickets on public and private property, and state law enforcement division licensed security officers of shopping centers and business and commercial establishments, which provide parking spaces designated for handicapped persons, and volunteers who are trained to issue handicapped parking violations tickets pursuant to a program administered by a law enforcement agency are authorized to issue a uniform parking violations ticket to the vehicle for violations of the prescribed use of the parking spaces. The uniform parking violations ticket shall provide a means for tracking violators by tag number and recording the violations with the Department of Motor Vehicles.
(B) All law enforcement officers issuing tickets on public and private property are authorized to issue a uniform parking violations ticket to an operator of a motor vehicle for violations of the prescribed use of the parking spaces. The uniform parking violations ticket shall provide a means for tracking violators by the information that appears on their driver's license and recording the violations with the Department of Motor Vehicles.
In addition to any other penalty prescribed for a parking violation covered by this section, the driving record of the operator of the motor vehicle's operating record must be assessed two points pursuant to Section 56-1-720.
The procedures governing the issuance, form, and content of the uniform parking violations ticket must be prescribed by the department and approved by the Attorney General within thirty days of submission by the department."
SECTION 5. This act takes effect upon approval by the Governor.
This web page was last updated on Thursday, June 25, 2009 at 9:52 A.M.