South Carolina General Assembly
116th Session, 2005-2006

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S. 1231

STATUS INFORMATION

General Bill
Sponsors: Senator Ryberg
Document Path: l:\council\bills\ms\7152cm06.doc

Introduced in the Senate on March 8, 2006
Introduced in the House on May 2, 2006
Last Amended on April 27, 2006
Continued by the House on May 30, 2006

Summary: Commercial driver's license

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    3/8/2006  Senate  Introduced and read first time SJ-13
    3/8/2006  Senate  Referred to Committee on Transportation SJ-13
    4/5/2006  Senate  Committee report: Favorable with amendment 
                        Transportation SJ-20
    4/6/2006  Senate  Amended SJ-34
    4/7/2006          Scrivener's error corrected
   4/27/2006  Senate  Amended SJ-84
   4/27/2006  Senate  Read second time SJ-84
   4/27/2006  Senate  Unanimous consent for third reading on next legislative 
                        day SJ-84
   4/28/2006  Senate  Read third time and sent to House SJ-3
   4/28/2006          Scrivener's error corrected
    5/2/2006  House   Introduced and read first time HJ-19
    5/2/2006  House   Referred to Committee on Education and Public Works HJ-20
   5/18/2006  House   Committee report: Favorable with amendment Education and 
                        Public Works HJ-5
   5/24/2006  House   Debate adjourned until Tuesday, May 30, 2006 HJ-93
   5/30/2006  House   Continued HJ-25

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/8/2006
4/5/2006
4/6/2006
4/7/2006
4/27/2006
4/28/2006
5/18/2006

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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

May 18, 2006

S. 1231

Introduced by Senator Ryberg

S. Printed 5/18/06--H.

Read the first time May 2, 2006.

            

THE COMMITTEE ON EDUCATION AND PUBLIC WORKS

To whom was referred a Bill (S. 1231) to amend Section 56-1-10, as amended, Code of Laws of South Carolina, 1976, relating to definitions contained in the provisions relating to the Department of Motor Vehicles, 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, by striking all after the enacting words and inserting:

SECTION    1.    Section 56-1-10 of the 1976 Code, as last amended by Act 170 of 2005, is further amended to read:

"Section 56-1-10.    For the purpose of this title, unless otherwise indicated, the following words, phrases, and terms are defined as follows:

(1)    'Driver' means every person who drives or is in actual physical control of a vehicle.

(2)    'Operator' means every person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.

(3)    'Owner' means a person, other than a lienholder, having the property or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security.

(4)    'Department' means the Department of Motor Vehicles when the term refers to the duties, functions, and responsibilities of the former Motor Vehicle Division of the Department of Public Safety and means the Department of Public Safety otherwise and in Section 56-3-840.

(5)    'State' means a state, territory, or possession of the United States and, the District of Columbia, or the Commonwealth of Puerto Rico.

(6)    'Highway' means the entire width between the boundary lines of every way publicly maintained when any part of it is open to the use of the public for purposes of vehicular travel.

(7)    'Motor vehicle' means every vehicle which is self-propelled, except 'moped' as defined in Article 9 of this chapter, and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails.

(8)    'Motorcycle' means every motor vehicle having no more than two permanent functional wheels in contact with the ground or trailer and having a saddle for the use of the rider, but excluding a tractor.

(9)    'Nonresident' means every person who is not a resident of this State.

(10)    'Nonresident's operating privilege' means the privilege conferred upon a nonresident by the laws of this State pertaining to the operation by the person of a motor vehicle, or the use of a vehicle owned by the person, in this State.

(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 an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or another jurisdiction's 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 a determination of a violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.

(12)    'Cancellation of driver's license' means the annulment or termination by formal action of the Department of Motor Vehicles of a person's driver's license because of some error or defect in the license or because the licensee is no longer entitled to the license; the cancellation of a license is without prejudice, and application for a new license may be made at any time after the cancellation.

(13)    'Revocation of driver's license' means the termination by formal action of the Department of Motor Vehicles of a person's driver's license or privilege to operate a motor vehicle on the public highways, which privilege to operate is not subject to renewal or restoration, except that an application for a new license may be presented and acted upon by the department.

(14)    'Suspension of driver's license' means the temporary withdrawal by formal action of the Department of Motor Vehicles of a person's driver's license or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be as specifically designated.

(15)    'Automotive three-wheel vehicle' means every motor vehicle having no more than three permanent functional wheels in contact with the ground, having a bench seat for the use of the operator, and having an automotive type steering device, but excluding a tractor or motorcycle three-wheel vehicle.

(16)    'Alcohol' means a substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol, and isopropanol.

(17)    'Alcohol concentration' means:

(a)    the number of grams of alcohol for each one hundred milliliters of blood by weight; or

(b)    as determined by the South Carolina Law Enforcement Division for other bodily fluids.

(18)    'Motorcycle three-wheel vehicle' means every motor vehicle having no more than three permanent functional wheels in contact with the ground to include motorcycles with detachable side cars, having a saddle type seat for the operator, and having handlebars or a motorcycle type steering device but excluding a tractor or automotive three-wheel vehicle.

(19)    'Low speed vehicle' or 'LSV' means a four-wheeled motor vehicle, other than an all terrain vehicle, whose speed attainable in one mile is more than twenty miles an hour and not more than twenty-five miles an hour on a paved level surface, and whose GVWR is less than three thousand pounds.

(20)    'All terrain vehicle' or 'ATV' means a motor vehicle measuring fifty inches or less in width, designed to travel on three or more wheels and designed primarily for off-road recreational use, but not including farm tractors or equipment, construction equipment, forestry vehicles, or lawn and grounds maintenance vehicles.

(21)    'Operator' or 'driver' means a person who is in actual physical control of a motor vehicle upon a highway.

(22)    'Person' means every natural person, firm, partnership, trust, company, firm, association, or corporation. Where the term 'person' is used in connection with the registration of a motor vehicle, it includes any corporation, association, partnership, trust, company, firm, or other aggregation of individuals which owns or controls the motor vehicle as actual owner, or for the purpose of sale or for renting, as agent, salesperson, or otherwise.

(23)    'Home jurisdiction' means the jurisdiction which has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle."

SECTION    2.    Section 56-1-640 of the 1976 Code is amended to read:

"Section 56-1-640.    The Department of Motor Vehicles shall report each conviction of a person from another party state, Canada, or Mexico occurring within South Carolina to the licensing authority of the home state jurisdiction of the licensee. The report shall clearly identify the person convicted, describe the violation specifying the section of the statute or ordinance violated, identify the court in which action was taken, indicate whether a plea of guilty or not guilty was entered or the conviction was a result of the forfeiture of bail, bond, or other security, and include any special findings."

SECTION    3.    Section 56-1-747 of the 1976 Code is amended to read:

"Section 56-1-747.    For purposes of Section 56-1-746 a conviction is defined as provided in Section 56-1-2030 and includes being adjudicated under juvenile proceedings."

SECTION    4.    Section 56-1-790 of the 1976 Code is amended to read:

"Section 56-1-790.    (A)    The Department of Motor Vehicles 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 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 for historical purposes.

(B)    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."

SECTION    5.    Section 56-1-2030 of the 1976 Code, as last amended by Act 42 of 2005, is further amended to read:

"Section 56-1-2030.    As used in this article:

(1)    'Commercial driver's license' means a license issued in accordance with the requirements of the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570) to an individual which authorizes the individual to drive a class of commercial motor vehicle.

(2)    'Commercial Driver's License Information System' means the information system established pursuant to the Commercial Motor Vehicle Safety Act of 1986 to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers.

(3)    'Commercial driver's instruction permit' means a permit issued pursuant to Section 56-1-2080(D) of this article.

(4)    'Commercial motor vehicle' means a motor vehicle designed or used to transport passengers or property if the vehicle:

(a)    has a gross vehicle weight rating of twenty-six thousand one or more pounds;

(b)    is designed to transport sixteen or more persons, including the driver; or

(c)    is transporting hazardous materials and is required to be placarded in accordance with 49 CFR Part 172, subpart F.

(5)    'CMVSA' means the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570).

(6)    'Controlled substance' means a substance classified under Section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)) listed on Schedules I through V of 21 CFR Part 1308, as revised.

(7)    'Conviction' means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or 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 cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.

(8)    'Disqualification' means a withdrawal of the privilege to drive a commercial motor vehicle.

(9)(8)    'Drive' means to drive, operate, or be in physical control of a motor vehicle.

(10)(9)    'Driver' means a person who drives a commercial motor vehicle or who is required to hold a commercial driver's license.

(11)(10)    'Driver's license' means a license issued to an individual which authorizes the individual to drive a motor vehicle.

(12)(11)    'Employer' means a person, including the United States, a state, or a political subdivision of a state who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle.

(13)(12)    'Endorsement' means a special authorization to drive certain types of vehicles or to transport certain types of property or a certain number of passengers.

(14)(13)    'Felony' means an offense under state or federal law that is punishable by death or imprisonment for more than one year.

(15)(14)    'Foreign jurisdiction' means a jurisdiction other than a state of the United States.

(16)(15)    'Gross vehicle weight rating' means the weight or the value specified by the manufacturer as the maximum loaded weight of a single or a combination vehicle. The gross vehicle weight rating of a combination vehicle (commonly referred to as the 'gross combination weight rating') is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of a towed unit.

(17)(16)    'Hazardous materials' has the meaning as that found in Section 103 of the Hazardous Materials Transportation Act (49 U.S.C. 1801, et seq.) means any material that has been designated as hazardous under 49 CFR 383.5 and 49 USC 5103 and is required to be placarded under subpart F of 49 CFR Part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR Part 73.

(18)(17)    'Motor vehicle' means a vehicle which is self- propelled and a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails, except a vehicle moved solely by human power and motorized wheelchairs.

(19)(18)    '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.

(20)(19)    'Recreational vehicle' means a self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping, or travel purposes and is used solely as a family/personal conveyance.

(21)(20)    'Restriction' means a prohibition against driving certain types of vehicles or a requirement that the driver comply with certain conditions when driving a motor vehicle.

(22)(21)    'Serious traffic violation' means a conviction when operating a 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;

(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. A person who provides proof to the law enforcement authority that issued the citation, by the date the individual must appear in court or pay any fine for the violation, that the individual held a valid commercial driver's license on the date the citation was issued, is not guilty of this offense; or

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

(23)(22)    'School bus' means a commercial motor vehicle used to transport pre-primary, primary, or secondary students from home to school, from school to home, or to and from school-sponsored events. School bus does not include a bus used as a common carrier.

(24)(23)    'State' means a state or territory of the United States and the District of Columbia and the federal government and a province or territory of Canada.

(25)(24)    'Tank vehicle' means a commercial motor vehicle that is designed to transport a liquid or gaseous material within a tank that either is attached permanently or temporarily to the vehicle or its chassis. These vehicles include, but are not limited to, cargo tanks and portable tanks as defined in 49 CFR Part 171. This definition does not include portable tanks having a rated capacity under one thousand gallons.

(26)(25)    'United States' means the fifty states and the District of Columbia.

(27)(26)    'Farm related vehicle' means a vehicle used:

(a)    in custom harvester operations;

(b)    in livestock feeding operations; or

(c)    by an agri-chemical business or a company which hauls agri-chemical products to a farm.

(28)(27)    'Seasonal restricted commercial driver's license' means a commercial driver's license issued under the authority of the waiver promulgated by the Federal Department of Transportation (57 Federal Register 13650) by the department to an individual who has not passed the knowledge or skill test required of other commercial driver's license holders. This license authorizes operation of a commercial motor vehicle only on a seasonal basis, stated on the license, by a seasonal employee of a custom harvester, livestock feeder, agri-chemical operation, and company hauling agri-chemical products to a farm within one hundred fifty miles of the place of business.

(29)(28)    'Traffic violation' means the offenses contained in 49 CFR 383.51(d) regarding driving disqualifications for violating railroad-highway grade crossing violations."

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

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

SECTION    7.    Section 56-1-2005 of the 1976 Code, as added by Act 42 of 2005, is amended to read:

"Section 56-1-2005.    The South Carolina Department of Motor Vehicles shall must administer the South Carolina Commercial Driver's License Program in accordance with the Federal Motor Carrier Safety Regulations. The rules adopted by and regulations promulgated by the United States Department of Transportation (USDOT) relating to safety of operation and to equipment (49 CFR Parts 380, 382-385, and 390-399 and amendments thereto) and the rules adopted by and regulations promulgated by the USDOT relating to hazardous material (49 CFR Parts 171-180 and amendments thereto) must be adopted and enforced in South Carolina."

SECTION    8.    Section 56-1-430 of the 1976 Code is amended to read:

"Section 56-1-430.    Upon conviction of an offense making mandatory the suspension or revocation of the driver's license of the person so convicted, an appeal taken from such the conviction shall act acts as a supersedeas so as to preclude for a period of sixty days from the date of conviction, any such a suspension or revocation until a final order is issued by a court of this State having jurisdiction over the matter. A final order is one which no further appeal may be or has been taken. In an appeal involving an offense making mandatory the suspension or revocation of the driver's license of the convicted person, an appellate court must provide notice to the department of a final ruling."

SECTION    9.    Sections 56-1-630, 56-1-710, and 56-1-1310 are repealed.

SECTION    10.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    11.    This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

RONALD P. TOWNSEND for Committee.

            

A BILL

TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONTAINED IN THE PROVISIONS RELATING TO THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO REVISE THE DEFINITIONS OF THE TERMS "STATE", "CONVICTION", AND "LOW SPEED VEHICLES", AND TO PROVIDE A DEFINITION FOR THE TERM "HOME JURISDICTION"; TO AMEND SECTION 56-1-640, RELATING TO THE DEPARTMENT OF MOTOR VEHICLES' POLICY OF REPORTING A CONVICTION OF A PERSON FROM ANOTHER STATE TO THE APPROPRIATE AUTHORITY OF HIS HOME STATE, SO AS TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THAT A CONVICTION OF A PERSON FROM CANADA OR MEXICO THAT OCCURS IN THIS STATE SHALL BE REPORTED TO THE PERSON'S HOME COUNTRY; TO AMEND SECTION 56-1-747, RELATING TO THE DEFINITION OF THE TERM "CONVICTION", SO AS TO DELETE A REFERENCE TO ITS DEFINITION CONTAINED IN SECTION 56-1-2030; TO AMEND SECTION 56-1-790, RELATING TO THE RECORDING OF MOTOR VEHICLE CONVICTIONS OF RESIDENTS OF SOUTH CAROLINA THAT OCCUR IN OUT-OF-STATE JURISDICTIONS, SO AS TO PROVIDE THAT CERTAIN OUT-OF-STATE CONVICTIONS MUST NOT BE RECORDED ON THE PERSON'S DRIVING RECORD IN THIS STATE FOR HISTORICAL PURPOSES; TO AMEND SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN THE SOUTH CAROLINA COMMERCIAL DRIVER'S LICENSE ACT, SO AS TO DELETE THE DEFINITION OF THE TERM "CONVICTION", AND TO REVISE THE DEFINITION OF THE TERM "HAZARDOUS MATERIALS"; TO AMEND SECTION 56-1-2100, RELATING TO THE ISSUANCE OF A COMMERCIAL DRIVER'S LICENSE, SO AS TO REVISE THE DESCRIPTION OF A VEHICLE THAT REQUIRES A DRIVER TO POSSESS A CLASS C COMMERCIAL DRIVER'S LICENSE; AND TO REPEAL SECTIONS 56-1-630, 56-1-710, AND 56-1-1310, RELATING TO THE DEFINITIONS OF TERMS CONTAINED IN THE DRIVER LICENSE COMPACT, THE DEFINITION OF THE TERM "CONVICTION" AS IT RELATES TO THE POINT SYSTEM FOR EVALUATING OPERATING RECORDS OF DRIVERS, AND THE DEFINITION OF THE TERM "CONVICTED" AS IT RELATES TO THE ISSUANCE OF PROVISIONAL DRIVER'S LICENSES.

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

SECTION    1.    Section 56-1-10 of the 1976 Code, as last amended by Act 170 of 2005, is further amended to read:

"Section 56-1-10.    For the purpose of this title, unless otherwise indicated, the following words, phrases, and terms are defined as follows:

(1)    'Driver' means every person who drives or is in actual physical control of a vehicle.

(2)    'Operator' means every person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.

(3)    'Owner' means a person, other than a lienholder, having the property or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security.

(4)    'Department' means the Department of Motor Vehicles when the term refers to the duties, functions, and responsibilities of the former Motor Vehicle Division of the Department of Public Safety and means the Department of Public Safety otherwise and in Section 56-3-840.

(5)    'State' means a state, territory, or possession of the United States and, the District of Columbia, or the Commonwealth of Puerto Rico.

(6)    'Highway' means the entire width between the boundary lines of every way publicly maintained when any part of it is open to the use of the public for purposes of vehicular travel.

(7)    'Motor vehicle' means every vehicle which is self-propelled, except 'moped' as defined in Article 9 of this chapter, and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails.

(8)    'Motorcycle' means every motor vehicle having no more than two permanent functional wheels in contact with the ground or trailer and having a saddle for the use of the rider, but excluding a tractor.

(9)    'Nonresident' means every person who is not a resident of this State.

(10)    'Nonresident's operating privilege' means the privilege conferred upon a nonresident by the laws of this State pertaining to the operation by the person of a motor vehicle, or the use of a vehicle owned by the person, in this State.

(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.

(12)    'Cancellation of driver's license' means the annulment or termination by formal action of the Department of Motor Vehicles of a person's driver's license because of some error or defect in the license or because the licensee is no longer entitled to the license; the cancellation of a license is without prejudice, and application for a new license may be made at any time after the cancellation.

(13)    'Revocation of driver's license' means the termination by formal action of the Department of Motor Vehicles of a person's driver's license or privilege to operate a motor vehicle on the public highways, which privilege to operate is not subject to renewal or restoration, except that an application for a new license may be presented and acted upon by the department.

(14)    'Suspension of driver's license' means the temporary withdrawal by formal action of the Department of Motor Vehicles of a person's driver's license or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be as specifically designated.

(15)    'Automotive three-wheel vehicle' means every motor vehicle having no more than three permanent functional wheels in contact with the ground, having a bench seat for the use of the operator, and having an automotive type steering device, but excluding a tractor or motorcycle three-wheel vehicle.

(16)    'Alcohol' means a substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol, and isopropanol.

(17)    'Alcohol concentration' means:

(a)    the number of grams of alcohol for each one hundred milliliters of blood by weight; or

(b)    as determined by the South Carolina Law Enforcement Division for other bodily fluids.

(18)    'Motorcycle three-wheel vehicle' means every motor vehicle having no more than three permanent functional wheels in contact with the ground to include motorcycles with detachable side cars, having a saddle type seat for the operator, and having handlebars or a motorcycle type steering device but excluding a tractor or automotive three-wheel vehicle.

(19)    'Low speed vehicle' or 'LSV' means a four-wheeled motor vehicle, other than an all terrain vehicle, whose speed attainable in one mile is more than twenty miles an hour and not more than twenty-five miles an hour on a paved level surface, and whose GVWR is less than three thousand pounds.

(20)    'All terrain vehicle' or 'ATV' means a motor vehicle measuring fifty inches or less in width, designed to travel on three or more wheels and designed primarily for off-road recreational use, but not including farm tractors or equipment, construction equipment, forestry vehicles, or lawn and grounds maintenance vehicles.

(21)    'Operator' or 'driver' means a person who is in actual physical control of a motor vehicle upon a highway.

(22)    'Person' means every natural person, firm, partnership, trust, company, firm, association, or corporation. Where the term 'person' is used in connection with the registration of a motor vehicle, it includes any corporation, association, partnership, trust, company, firm, or other aggregation of individuals which owns or controls the motor vehicle as actual owner, or for the purpose of sale or for renting, as agent, salesperson, or otherwise.

(23)    'Home jurisdiction' means the jurisdiction which has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle."

SECTION    2.    Section 56-1-640 of the 1976 Code is amended to read:

"Section 56-1-640.    The Department of Motor Vehicles shall report each conviction of a person from another party state, Canada, or Mexico occurring within South Carolina to the licensing authority of the home state jurisdiction of the licensee. The report shall clearly identify the person convicted, describe the violation specifying the section of the statute or ordinance violated, identify the court in which action was taken, indicate whether a plea of guilty or not guilty was entered or the conviction was a result of the forfeiture of bail, bond, or other security, and include any special findings."

SECTION    3.    Section 56-1-747 of the 1976 Code is amended to read:

"Section 56-1-747.    For purposes of Section 56-1-746 a conviction is defined as provided in Section 56-1-2030 and includes being adjudicated under juvenile proceedings."

SECTION    4.    Section 56-1-790 of the 1976 Code is amended to read:

"Section 56-1-790.    (A)    The Department of Motor Vehicles 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 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 for historical purposes.

(B)    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.

(C)    For purposes of this section, 'conviction' means an unvacated adjudication of guilty, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or another jurisdiction's 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 a determination of a violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated."

SECTION    5.    Section 56-1-2030 of the 1976 Code, as last amended by Act 42 of 2005, is further amended to read:

"Section 56-1-2030.    As used in this article:

(1)    'Commercial driver's license' means a license issued in accordance with the requirements of the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570) to an individual which authorizes the individual to drive a class of commercial motor vehicle.

(2)    'Commercial Driver's License Information System' means the information system established pursuant to the Commercial Motor Vehicle Safety Act of 1986 to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers.

(3)    'Commercial driver's instruction permit' means a permit issued pursuant to Section 56-1-2080(D) of this article.

(4)    'Commercial motor vehicle' means a motor vehicle designed or used to transport passengers or property if the vehicle:

(a)    has a gross vehicle weight rating of twenty-six thousand one or more pounds;

(b)    is designed to transport sixteen or more persons, including the driver; or

(c)    is transporting hazardous materials and is required to be placarded in accordance with 49 CFR Part 172, subpart F.

(5)    'CMVSA' means the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570).

(6)    'Controlled substance' means a substance classified under Section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)) listed on Schedules I through V of 21 CFR Part 1308, as revised.

(7)    'Conviction' means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or 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 cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.

(8)    'Disqualification' means a withdrawal of the privilege to drive a commercial motor vehicle.

(9)(8)    'Drive' means to drive, operate, or be in physical control of a motor vehicle.

(10)(9)    'Driver' means a person who drives a commercial motor vehicle or who is required to hold a commercial driver's license.

(11)(10)    'Driver's license' means a license issued to an individual which authorizes the individual to drive a motor vehicle.

(12)(11)    'Employer' means a person, including the United States, a state, or a political subdivision of a state who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle.

(13)(12)    'Endorsement' means a special authorization to drive certain types of vehicles or to transport certain types of property or a certain number of passengers.

(14)(13)    'Felony' means an offense under state or federal law that is punishable by death or imprisonment for more than one year.

(15)(14)    'Foreign jurisdiction' means a jurisdiction other than a state of the United States.

(16)(15)    'Gross vehicle weight rating' means the weight or the value specified by the manufacturer as the maximum loaded weight of a single or a combination vehicle. The gross vehicle weight rating of a combination vehicle (commonly referred to as the 'gross combination weight rating') is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of a towed unit.

(17)(16)    'Hazardous materials' has the meaning as that found in Section 103 of the Hazardous Materials Transportation Act (49 U.S.C. 1801, et seq.) means any material that has been designated as hazardous under 49 CFR 383.5 and 49 USC 5103 and is required to be placarded under subpart F of 49 CFR Part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR Part 73.

(18)(17)    'Motor vehicle' means a vehicle which is self- propelled and a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails, except a vehicle moved solely by human power and motorized wheelchairs.

(19)(18)    '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.

(20)(19)    'Recreational vehicle' means a self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping, or travel purposes and is used solely as a family/personal conveyance.

(21)(20)    'Restriction' means a prohibition against driving certain types of vehicles or a requirement that the driver comply with certain conditions when driving a motor vehicle.

(22)(21)    'Serious traffic violation' means a conviction when operating a 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;

(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. A person who provides proof to the law enforcement authority that issued the citation, by the date the individual must appear in court or pay any fine for the violation, that the individual held a valid commercial driver's license on the date the citation was issued, is not guilty of this offense; or

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

(23)(22)    'School bus' means a commercial motor vehicle used to transport pre-primary, primary, or secondary students from home to school, from school to home, or to and from school-sponsored events. School bus does not include a bus used as a common carrier.

(24)(23)    'State' means a state or territory of the United States and the District of Columbia and the federal government and a province or territory of Canada.

(25)(24)    'Tank vehicle' means a commercial motor vehicle that is designed to transport a liquid or gaseous material within a tank that either is attached permanently or temporarily to the vehicle or its chassis. These vehicles include, but are not limited to, cargo tanks and portable tanks as defined in 49 CFR Part 171. This definition does not include portable tanks having a rated capacity under one thousand gallons.

(26)(25)    'United States' means the fifty states and the District of Columbia.

(27)(26)    'Farm related vehicle' means a vehicle used:

(a)    in custom harvester operations;

(b)    in livestock feeding operations; or

(c)    by an agri-chemical business or a company which hauls agri-chemical products to a farm.

(28)(27)    'Seasonal restricted commercial driver's license' means a commercial driver's license issued under the authority of the waiver promulgated by the Federal Department of Transportation (57 Federal Register 13650) by the department to an individual who has not passed the knowledge or skill test required of other commercial driver's license holders. This license authorizes operation of a commercial motor vehicle only on a seasonal basis, stated on the license, by a seasonal employee of a custom harvester, livestock feeder, agri-chemical operation, and company hauling agri-chemical products to a farm within one hundred fifty miles of the place of business.

(29)(28)    'Traffic violation' means the offenses contained in 49 CFR 383.51(d) regarding driving disqualifications for violating railroad-highway grade crossing violations."

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

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

SECTION    7.    Section 56-1-2005 of the 1976 Code, as added by Act 42 of 2005, is amended to read:

"Section 56-1-2005.    The South Carolina Department of Motor Vehicles shall must administer the South Carolina Commercial Driver's License Program in accordance with the Federal Motor Carrier Safety Regulations. The rules adopted by and regulations promulgated by the United States Department of Transportation (USDOT) relating to safety of operation and to equipment (49 CFR Parts 380, 382-385, and 390-399 and amendments thereto) and the rules adopted by and regulations promulgated by the USDOT relating to hazardous material (49 CFR Parts 171-180 and amendments thereto) must be adopted and enforced in South Carolina."

SECTION    8.    Section 56-1-430 of the 1976 Code is amended to read:

"Section 56-1-430.    Upon conviction of an offense making mandatory the suspension or revocation of the driver's license of the person so convicted, an appeal taken from such the conviction shall act acts as a supersedeas so as to preclude for a period of sixty days from the date of conviction, any such a suspension or revocation until a final order is issued by a court of this State having jurisdiction over the matter. A final order is one which no further appeal may be or has been taken. In an appeal involving an offense making mandatory the suspension or revocation of the driver's license of the convicted person, an appellate court must provide notice to the department of a final ruling."

SECTION    9.    Sections 56-1-630, 56-1-710, and 56-1-1310 are repealed.

SECTION    10.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    11.    This act takes effect upon approval by the Governor.

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This web page was last updated on Friday, December 4, 2009 at 3:35 P.M.