South Carolina General Assembly
115th Session, 2003-2004

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Bill 4796

Indicates Matter Stricken
Indicates New Matter


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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

May 25, 2004

H. 4796

Introduced by Rep. Townsend

S. Printed 5/25/04--S.

Read the first time April 20, 2004.

            

THE COMMITTEE ON TRANSPORTATION

To whom was referred a Bill (H. 4796) to amend the Code of Laws of South Carolina, 1976, by adding Section 56-1-2005, so as to provide that the Department of Motor Vehicles shall administer, etc., respectfully

REPORT:

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, Section 56-1-10(11) as found in SECTION 2 and Section 56-1-630(3) as found in SECTION 3, by inserting after /probated/ at line 36, page 2, and line 12, page 3, the following:

/        except that 'conviction' does not include a conviction for careless driving    /

Renumber sections to conform.

Amend title to conform.

GREG RYBERG for Committee.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2005, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL ADMINISTER THE STATE'S COMMERCIAL DRIVER LICENSE PROGRAM; TO AMEND SECTION 56-1-10 AND SECTION 56-1-630, BOTH AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN PROVISIONS CONCERNING MOTOR VEHICLES, SO AS TO REVISE THE DEFINITION OF THE TERM "CONVICTION"; TO AMEND SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITION OF TERMS CONTAINED IN THE SOUTH CAROLINA COMMERCIAL DRIVER'S LICENSE ACT, SO AS TO REVISE THE DEFINITION OF THE TERM "SERIOUS TRAFFIC VIOLATION"; TO AMEND SECTION 56-1-2080, AS AMENDED, RELATING TO ISSUANCE OF A COMMERCIAL DRIVER'S LICENSE, SO AS TO REVISE THE CONTENTS OF THE AGREEMENT A THIRD PARTY MUST ENTER INTO WITH THE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO ADMINISTER THE COMMERCIAL DRIVER'S LICENSE SKILLS TEST; TO AMEND SECTION 56-1-2100, AS AMENDED, RELATING TO THE COMMERCIAL DRIVER'S LICENSE, SO AS TO REVISE THE REQUIREMENTS TO OBTAIN A HAZARDOUS MATERIAL ENDORSEMENT; TO AMEND SECTION 56-1-2110, AS AMENDED, RELATING TO VIOLATIONS THAT RESULT IN A PERSON BEING DISQUALIFIED FROM DRIVING A COMMERCIAL MOTOR VEHICLE, SO AS TO PROVIDE THAT OFFENSES COMMITTED BY A COMMERCIAL DRIVER'S LICENSE HOLDER IN A COMMERCIAL OR NONCOMMERCIAL VEHICLE MAY BE USED TO DISQUALIFY A PERSON FROM DRIVING A COMMERCIAL MOTOR VEHICLE, AND TO PROVIDE A DEFINITION FOR THE TERM "SERIOUS TRAFFIC VIOLATIONS"; TO AMEND SECTION 56-5-2735, RELATING TO VEHICLE ENTRY INTO AN INTERSECTION, ACROSS A CROSSWALK, OR ONTO A RAILROAD GRADE CROSSING, SO AS TO PROVIDE THAT A VEHICLE MAY NOT BE DRIVEN OR TOWED THROUGH OR OVER ANY RAILROAD GRADE CROSSING UNTIL THE DRIVER HAS DETERMINED THAT THE VEHICLE HAS SUFFICIENT UNDERCARRIAGE CLEARANCE TO NEGOTIATE THE RAILROAD GRADE CROSSING.

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

SECTION    1.    Article 13, Chapter 1, Title 56 is amended by adding:

"Section 56-1-2005.    The South Carolina Department of Motor Vehicles shall administer the South Carolina Commercial Driver's License Program in accordance with the Federal Motor Carrier Safety Regulations as promulgated."

SECTION    2.    Section 56-1-10(11) of the 1976 Code, as last amended by Act 375 of 2000, is further amended to read:

"(11)    'Conviction' includes the entry of any plea of guilty, the entry of any plea of nolo contendere, and the forfeiture of any bail or collateral deposited to secure a defendant's appearance in court. means an unvacated adjudication of guilt, or determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court costs, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated."

SECTION    3.    Section 56-1-630(3) of the 1976 Code is amended to read:

"(3)    'Conviction' means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance, or administrative regulation, or a forfeiture of bail, bond, or other security deposited to secure appearance by a person charged with having committed any of these offenses, and which conviction or forfeiture is required to be reported to the licensing authority. an unvacated adjudication of guilt, or determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in a court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated."

SECTION    4.    Section 56-1-2030(22) of the 1976 Code, as amended by Act 434 of 1998, is further amended to read:

"(22)    'Serious traffic violation' means a conviction when operating a commercial motor vehicle of:

(a)    excessive speeding, involving a single charge for a speed fifteen miles an hour or more above the speed limit;

(b)    reckless driving, including charges of driving a commercial motor vehicle in a wilful or wanton disregard for the safety of persons or property;

(c)    improper or erratic traffic lane changes;

(d)    following the vehicle ahead too closely; or

(e)    a violation of a state or local law related to motor vehicle traffic control, other than a parking violation, arising in connection with an accident or collision resulting in death or serious bodily injury to a person.;

(f)    driving a commercial motor vehicle without obtaining a commercial driver's license;

(g)    driving a commercial motor vehicle without a commercial driver's license in the driver's possession;

(h)    driving a commercial motor vehicle without the proper class of commercial driver's license and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported."

SECTION    5.    Section 56-1-2080(A)(b)(i) of the 1976 Code is amended to read:

"(i)    authorization for the department or the Federal Highway Administration FMCSA or its representatives to conduct random examinations, inspections, and audits without prior notice and randomly test commercial driver's license applicants or holders. An applicant or holder who fails retesting shall lose his commercial driver's license;"

SECTION    6.    Section 56-1-2100(F) of the 1976 Code is amended to read:

"(F)    Every person applying for renewal of a commercial driver's license shall complete the application form required by Section 56-1-2090(A), providing updated information and required certifications. If the applicant wishes to retain a hazardous materials endorsement, the written test for a hazardous materials endorsement must be taken and passed again. Every applicant must take and pass the written test for hazardous material endorsement in order to obtain or retain the endorsement. The person shall submit to a vision test."

SECTION    7.    Section 56-1-2110(F) of the 1976 Code is amended to read:

"(F)    A person is disqualified from driving a commercial motor vehicle for not less than sixty days if convicted of two serious traffic violations or one hundred twenty days if convicted of three serious traffic violations, committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period. Offenses committed by commercial driver's license holders in a commercial or noncommercial vehicle must be considered pursuant to this subsection. As contained in this subsection, serious traffic violations are those contained in Section 56-1-2030(22) and 49 CFR 383.5.

(G)    As contained in this subsection, 'traffic violation' means the offenses contained in 49 CFR 383.51 (D) regarding driving disqualifications for violating railroad-highway grade crossing violations. A person is disqualified from driving a commercial motor vehicle pursuant to this subsection for not less than:

(1)    sixty days if convicted of a traffic violation committed in a commercial motor vehicle;

(2)    one hundred twenty days if convicted of two traffic violations committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period; and

(3)    one year if convicted of three traffic violations committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period."

SECTION    8.    This act takes effect upon approval by the Governor.

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