Reference is to the bill as introduced.
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 216 of 2010, 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 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 interest
in 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. This term also includes a
person to whom a moped is registered if the moped is not
titled.
(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, 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 and a
moped.
(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' 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, 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.
(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 gross vehicle weight rating (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.
(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) 'Office of Motor
Vehicle Hearings' means the Office of Motor Vehicle Hearings
created by Section 1-23-660. The Office of Motor Vehicle
Hearings has exclusive jurisdiction to conduct all contested
case hearings or administrative hearings arising from department
actions.
(24) 'Administrative
hearing' means a 'contested case hearing' as defined in Section
1-23-310. It is a hearing conducted pursuant to the South
Carolina Administrative Procedures Act.
(25) '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.
(26) 'Moped'
means a cycle, defined as a motor vehicle, with or without
pedals, to permit propulsion by human power, that travels on not
more than three wheels in contact with the ground whether
powered by gasoline, electricity, alternative fuel, or a hybrid
combination thereof. Based on the engine or fuel source, the
moped must be equipped not to exceed the following limitations:
a motor less than fifty cubic centimeters; or designed to have
an input of less than 1500 watts. If an internal combustion
engine is used, the moped must have a power drive system that
functions directly or automatically without clutching or
shifting by the operator after the drive system is engaged.
(27)
'Daylight hours' means after six o'clock A.M. and no
later than six o'clock P.M. However, beginning on the day that
daylight saving time goes into effect through the day that
daylight saving time ends, 'daylight hours' means after six
o'clock a.m. and no later than eight o'clock p.m. All other
hours are designated as nighttime hours.
(28)
'Vehicle' means every device in, upon, or by which a
person or property is or may be transported or drawn upon a
highway, except devices moved by human power or used exclusively
upon stationary rails or tracks."
SECTION 2. Section 56-1-30 of the 1976 Code is amended to read:
"Section 56-1-30.
The following persons are exempt from licenses under this
article chapter:
(1) Any employee of the
United States Government while operating a motor vehicle owned
by or leased to the United States Government and being operated
on official business, unless the employee is required by the
United States Government or the Federal agency by which he is
employed to have a State driver's license;
(2) A nonresident who
is at least sixteen years of age and who has in his immediate
possession a valid operator's or chauffeur's license issued to
him in his home state or country may operate a motor vehicle,
but a person may not claim nonresidence exemption under this
provision who does not maintain a permanent residence address in
the state or country of which he holds a valid and current
operator's or chauffeur's license at which he regularly receives
his mail and which address is on file with the motor vehicle
authorities of that state or country; also, a person may not
claim nonresidence exemption under this provision who for all
other intents and purposes has or may remove his residence into
this State;
(3) Any nonresident who
is at least eighteen years of age and whose home state or
country does not require the licensing of operators may operate
a motor vehicle for a period of not more than ninety days in any
calendar year, if the motor vehicle is duly registered in the
home state or country of the nonresident and a nonresident on
active duty in the Armed Services of the United States who has a
valid license issued by his home state and the nonresident's
spouse or dependent who has a valid license issued by his home
state;
(4) A person operating
or driving implements of husbandry temporarily drawn, propelled,
or moved upon a highway. Implements of husbandry include, but
are not limited to, farm machinery and farm equipment other than
a passenger car.
(5) Any person on
active duty in the Armed Services of the United States who has
in his immediate possession a valid driver's license issued in a
foreign country or by the Armed Services of the United States
may operate a motor vehicle in this State for a period of not
more than ninety days from the date of his return to the United
States; and
(6) A citizen of a
foreign jurisdiction whose licensing procedure is at least as
strict as South Carolina's, as determined by the Department of
Motor Vehicles, who is at least eighteen years of age, who is
employed in South Carolina, and who has a valid driver's license
issued by that jurisdiction may drive in this State for five
years if the foreign jurisdiction provides a reciprocal
arrangement for South Carolina residents. The provisions of this
item also shall apply to the dependents of foreign nationals who
qualify under this section."
SECTION 3. Section 56-1-50 of the 1976 Code, as last amended by Act 176 of 2005, is further amended to read:
"Section 56-1-50.
(A) A person who is at least fifteen
years of age may apply to the Department of Motor Vehicles for a
beginner's permit. After the applicant has passed successfully
all parts of the examination other than the driving test, the
department may issue to the applicant a beginner's permit which
entitles the applicant having the permit in his immediate
possession to drive a motor vehicle under the conditions
contained in this section on the public highways for not more
than twelve months.
(B) The permit is valid
only in the operation of:
(1)
vehicles after six o'clock a.m. and not later than
midnight. Except as provided in subsection (E), while driving,
the permittee must be accompanied by a licensed driver
twenty-one years of age or older who has had at least one year
of driving experience. A permittee may not drive between
midnight and six o'clock a.m. unless accompanied by the
permittee's licensed parent or guardian;
(2)
motorcycles or mopeds, motor scooters, or
light motor-driven cycles of five-brake horsepower or less after
six o'clock a.m. and not later than six o' clock p.m. However,
beginning on the day that daylight saving time goes into effect
through the day that daylight saving time ends, the permittee
may operate motor scooters or light motor-driven cycles after
six o'clock a.m. and not later than eight o'clock p.m.
during daylight hours. A permittee may not operate a
motorcycle or moped, motor scooter, or light
motor-driven cycle at any other time unless supervised
by the permittee's motorcycle licensed parent or guardian.
(C) The accompanying
driver must occupy a seat beside the permittee, except when the
permittee is operating a motorcycle or moped. A
three-wheel vehicle requires the accompanying driver to be
directly behind the permittee on a saddle-type seat or beside
the permittee on a bench-type seat.
(D) A beginner's permit
may be renewed or a new permit issued for additional periods of
twelve months, but the department may refuse to renew or issue a
new permit where the examining officer has reason to believe the
applicant has not made a bona fide effort to pass the required
driver's road test or does not appear to the examining officer
to have the aptitude to pass the road test. The fee for every
beginner's or renewal permit is two dollars and fifty cents, and
the permit must bear the full name, date of birth, and residence
address and a brief description and color photograph of the
permittee and a facsimile of the signature of the permittee or a
space upon which the permittee shall write his usual signature
with pen and ink immediately upon receipt of the permit. A
permit is not valid until it has been signed by the permittee.
(E) The following
persons are not required to obtain a beginner's permit to
operate a motor vehicle:
(1)
a student at least fifteen years of age regularly enrolled
in a high school of this State which conducts a driver's
training course while the student is participating in the course
and when accompanied by a qualified instructor of the course;
and
(2)
a person fifteen years of age or older enrolled in a
driver training course conducted by a driver training school
licensed under Chapter 23 of this title. However, this person
at all times must be accompanied by an instructor of the school
and may drive only an automobile owned or leased by the school
which is covered by liability insurance in an amount not less
than the minimum required by law.
(F) A person who has
never held a form of license evidencing previous driving
experience first must be issued a beginner's permit and must
hold the permit for at least one hundred eighty days before
being eligible for full licensure.
(G) The fees collected
pursuant to this section must be credited to the Department of
Transportation State Non-Federal Aid Highway Fund as
provided in the following schedule based on the actual date of
receipt by the Department of Motor Vehicles: ."
Fees and Penalties General Fund Department of
Collected After of the State Transportation
State Non-Federal
Aid
Highway Fund
June 30, 2005 60 percent 40 percent
June 30, 2006 20 percent 80 percent
June 30, 2007 0 percent 100
percent
SECTION 4. Section 56-1-175 of the 1976 Code is amended to read:
"Section 56-1-175.
(A) The Department of Motor Vehicles
may issue a conditional driver's license to a person who is at
least fifteen years of age and less than sixteen years of age,
who has:
(1)
held a beginner's permit for at least one hundred eighty
days;
(2)
passed a driver's education course as defined in
subsection (E);
(3)
completed at least forty hours of driving practice,
including at least ten hours of driving practice during
darkness, supervised by the person's licensed parent or
guardian;
(4)
passed successfully the road tests or other requirements
the department may prescribe; and
(5)
satisfied the school attendance requirement contained in
Section 56-1-176.
(B) A conditional
driver's license is valid only in the operation of:
(1)
vehicles during daylight hours. The holder of a
conditional license must be accompanied by a licensed adult
twenty-one years of age or older after six o'clock p.m. or eight
o'clock p.m. during daylight saving time. A conditional
driver's license holder may not drive between midnight and six
o'clock a.m., unless accompanied by the holder's licensed parent
or guardian; or
(2)
a motor scooter or light motor-driven cycle of
five-brake horsepower or less, during daylight hours.
mopeds during daylight hours.
(C) A conditional
driver's license holder may not transport more than two
passengers who are under twenty-one years of age unless
accompanied by a licensed adult who is twenty-one years of age
or older. This restriction does not apply when the conditional
driver's license holder is transporting family members, or
students to or from school.
(D) Daylight
hours, as used in this section, means after the hour of six
o'clock a.m. and no later than six o'clock p.m. However,
beginning on the day that daylight saving time goes into effect
through the day that daylight saving time ends, the holder of
the conditional license may operate a vehicle after six o'clock
a.m. and no later than eight o'clock p.m. For purposes of this
section, all other hours are designated as nighttime
hours.
(E) A
driver training course, as used in this section, means a
driver's training course administered by a driver's training
school or a private, parochial, or public high school conducted
by a person holding a valid driver's instructor permit contained
in Section 56-23-85.
(F)(E)
For purposes of issuing a conditional driver's
license pursuant to this section, the department must accept a
certificate of completion for a student who attends or is
attending an out-of-state high school and passed a qualified
driver's training course or program that is equivalent to an
approved course or program in this State. The department must
establish procedures for approving qualified driver's training
courses or programs for out-of-state students."
SECTION 5. Section 56-1-180 of the 1976 Code is amended to read:
"Section 56-1-180.
(A) The Department of Motor Vehicles
may issue a special restricted driver's license to a person who
is at least sixteen years of age and less than seventeen years
of age, who has:
(1)
held a beginner's permit for at least one hundred eighty
days;
(2)
passed a driver's education course as defined in
subsection (F);
(3)
completed at least forty hours of driving practice,
including at least ten hours of driving practice during
darkness, supervised by the person's licensed parent or
guardian;
(4)
passed successfully the road test or other requirements
the department may prescribe; and
(5)
satisfied the school attendance requirement contained in
Section 56-1-176.
(B) The special
restricted driver's license is valid only in the operation of:
(1)
vehicles during daylight hours. During nighttime hours,
the holder of a special restricted driver's license must be
accompanied by a licensed adult, twenty-one years of age or
older. The holder of a special restricted driver's license may
not drive between midnight and six o'clock a.m., unless
accompanied by the holder's licensed parent or guardian. The
restrictions in this section may be modified or waived by the
department if the restricted licensee proves to the department's
satisfaction that the restriction interferes or substantially
interferes with:
(a)
employment or the opportunity for employment;
(b)
travel between the licensee's home and place of employment
or school; or
(c)
travel between the licensee's home or place of employment
and vocational training;
(2)
a motor scooter or light motor-driven cycle of
five-brake horsepower or less during daylight hours.
mopeds during daylight hours.
(C) The waiver or
modification of restrictions provided for in
item subsection (B)(1) must include a
statement of the purpose of the waiver or modification executed
by the parents or legal guardian of the holder of the restricted
license and documents executed by the driver's employment or
school official, as is appropriate, evidencing the holder's need
for the waiver or modification.
(D) A special
restricted license holder may not transport more than two
passengers who are under twenty-one years of age unless
accompanied by a licensed adult twenty-one years of age or
older. This restriction does not apply when the special
restricted license holder is transporting family members or
students to or from school.
(E) Daylight
hours, as used in this section, means after the hour of six
o'clock a.m. and no later than six o'clock p.m. However,
beginning on the day that daylight saving time goes into effect
through the day that daylight saving time ends, the holder of
the special restricted license may operate a vehicle after six
o'clock a.m. and no later than eight o'clock p.m. For purposes
of this section, all other hours are designated as nighttime
hours.
(F)
A driver training course, as used in this section, means a
driver's training course administered by a driver's training
school or a private, parochial, or public high school conducted
by a person holding a valid driver's instruction permit
contained in Section 56-23-85.
(G)(F)
For purposes of issuing a special restricted
driver's license pursuant to this section, the department must
accept a certificate of completion for a student who attends or
is attending an out-of-state high school and passed a qualified
driver's training course or program that is equivalent to an
approved course or program in this State. The department must
establish procedures for approving qualified driver's training
courses or programs for out-of-state students."
SECTION 6. Section 56-1-185 of the 1976 Code is amended to read:
"Section 56-1-185.
(A) A person while operating a motor
vehicle under a conditional or a special restricted driver's
license who is convicted of a traffic offense or involved in an
accident in which he was at fault shall have the removal of the
restrictions postponed for twelve months and is not eligible to
be issued a regular driver's license until one year from the
date of the last traffic offense or accident in which he was at
fault or until he is seventeen years of age.
(B) A person while
operating a motor vehicle under a beginner's permit or a
conditional or a special restricted driver's license or a
person who is younger than seventeen years of age while
operating a motor vehicle under a moped operator's license
who is convicted of one or more point-assessable traffic
offenses totaling six or more points, as determined by the
values contained in Section 56-1-720, shall have his license
suspended by the Department of Motor Vehicles for six months.
This suspension shall not preclude other penalties otherwise
provided for the same violations.
(C) The
department may not issue a beginner's permit or special
restricted license as provided for in Sections 56-1-50 and
56-1-180 to any person convicted of a second or subsequent
violation of operating a moped on the public highways of this
State while under age or without a license, until that person is
at least fifteen and one-half years of age."
SECTION 7. Section 56-1-1710 of the 1976 Code is amended to read:
"Section 56-1-1710.
For purposes of this article, "moped"
means a cycle with pedals to permit propulsion by human power or
without pedals and with a motor of not more than fifty cubic
centimeters which produces not to exceed two brake horsepower
and which is not capable of propelling the vehicle at a speed in
excess of thirty miles an hour on level ground. If an internal
combustion engine is used, the moped must have a power drive
system that functions directly or automatically without
clutching or shifting by the operator after the drive system is
engaged. Reserved."
SECTION 8. Section 56-1-1720 of the 1976 Code is amended to read:
"Section 56-1-1720.
Until January 1, 1987, no person under the age of
twelve may operate a moped on the public highways and streets of
this State. After December 31, 1986, to operate a moped on the
public highways and streets of this State, a person must possess
a valid driver's license issued under Article 1 of this chapter
or a valid moped operator's license issued under this article,
except that a person whose driver's license has been suspended
for a period of six months or less is not required to obtain a
moped operator's license or possess a valid driver's license
during the period of suspension. From January 1, 1987, to
December 31, 1987, the Department shall not issue a moped
operator's license to any person who is less than thirteen years
of age. After December 31, 1987, the
(A) To operate a moped on
the public highways and streets of this State, a person must
possess a valid driver's license issued under Article 1 of this
chapter or a valid moped operator's license issued under this
article. The Department of Motor Vehicles shall not issue a
moped operator's license to any person who is less than fourteen
years of age.
(B) Any person
who violates operates a moped in violation
of the provisions of this section is guilty of a misdemeanor
and, upon conviction of a first offense, must be fined not less
than twenty-five dollars nor more than fifty dollars and, upon
conviction of a second or subsequent offense, must be fined not
less than fifty dollars nor more than one hundred dollars.
The Department may not issue a
beginner's permit or special restricted license as provided for
in Sections 56-1-50 and 56-1-180 to any person convicted of a
second or subsequent violation of operating a moped on the
public highways and roads of this State while under age, until
that person is at least fifteen and one-half years of
age."
SECTION 9. Section 56-1-1730 of the 1976 Code is amended to read:
"Section 56-1-1730.
(A) A person is eligible for a
moped operator's license without regard to his eligibility for
or the status of any other driver's license or permit.
(B) The
Department of Motor Vehicles may suspend, revoke, or cancel a
moped operator's license only for violations committed while
operating a moped. A moped operator's license may be suspended,
revoked, or canceled in the same manner and upon the same
grounds for which any other motor vehicle operator's license or
permit may be suspended, revoked, or canceled.
(C) No person
may operate a moped at a speed in excess of thirty-five miles an
hour as provided in Section 56-5-1555 and is subject to the
fines and penalties provided pursuant to that
section."
SECTION 10. Section 56-1-1740 of the 1976 Code is amended to read:
"Section 56-1-1740.
(A) The Department of Motor
Vehicles shall examine every applicant for a moped operator's
license. The examination shall include a test of the applicant's
eyesight and, as pertains to the operation of a moped, a test of
his ability to read and understand highway signs regulating,
warning, and directing traffic and his knowledge of the traffic
laws of this State. The department may require further physical
and mental examination as it considers necessary to determine
the applicant's fitness to operate a moped upon the highways,
the further examination to be at the applicant's expense. The
department shall make provisions for giving an examination in
the county where the applicant resides. The department shall
charge a fee of two an appropriate fee not
to exceed ten dollars to defray the expenses of the
department for each complete examination or reexamination
required in this article.
(B) The
expiration and renewal of moped operator's licenses must be in
accordance with Sections 56-1-210, 56-1-220, and 56-1-225."
SECTION 11. Section 56-2-2740(C) of the 1976 Code is amended to read:
"(C) All validation decals must be issued for a period not to exceed twelve months, except for vehicles not requiring the payment of property taxes."
SECTION 12. Chapter 2, Title 56 of the 1976 Code is amended by adding:
Section 56-2-3000. A person operating a moped on a public road or highway must at all times have in his possession a valid moped operator's license or valid driver's license pursuant to the requirements of Chapter 1 of this title.
Section 56-2-3010. (A)
Beginning July 1, 2018 a moped operated on a
public road or highway:
(1)
must be registered and licensed with the Department of
Motor Vehicles in the same fashion as passenger vehicles
pursuant to this title; and
(2)
must be insured subject to the same insurance requirements
applicable to an individual private passenger automobile
pursuant to Title 38 of the 1976 Code.
(B) The Department of
Motor Vehicles shall establish a special size and class of
license plates for mopeds that clearly identifies the motor
vehicle as a moped and distinctive numbering and/or lettering so
as to be identifiable to law enforcement.
(C) Mopeds are not
required to be titled in this State.
(D) If a manufacturer's
certificate of origin states the vehicle is a 'motor scooter',
'motor-driven cycle', or any similar term, the definitions of
'motorcycle' and 'moped', as shown in Section 56-1-10, must be
used to determine whether the vehicle must be registered as a
moped or must be titled and registered as a motorcycle.
Section 56-2-3020. (A)
A privately owned and operated moped of a
nonresident, otherwise subject to registration and license as
provided by this chapter, may be operated within this State
without being registered and licensed pursuant to this chapter,
subject to the conditions that at all times when operated in
this State the moped:
(1)
is duly registered or licensed in the state, territory,
district, or country of residence of the owner; and
(2)
has displayed or issued a valid registration, registration
card, license plate or decal, or other indicia satisfactorily
evidencing compliance with the requirements of the owner's home
jurisdiction.
(B) The moped of a
nonresident must be registered and licensed pursuant to this
chapter upon the earlier of a nonresident's:
(1)
subsequent establishment of domicile in this State; or
(2)
operation of the moped in this State for an accumulated
period exceeding one hundred and eighty days.
Section 56-2-3030. An owner of a moped required to be registered in this state shall make application to the Department of Motor Vehicles for the registration and licensing of the moped. The application must be made upon the appropriate form furnished by the department. Every application must bear the signature of the owner.
Section 56-2-3040. An
application for registration and licensing of a moped shall
contain:
(1) the name, bona fide
residence and mailing address of the owner or business address
of the owner if a firm, association or corporation;
(2) a description of
the vehicle including, insofar as this exists with respect to a
given vehicle, the make, model, type of body, number of
cylinders, serial number or other identifying number of the
vehicle, whether the vehicle is new or used, and the date of
sale by the manufacturer or seller to the person intending to
operate the vehicle;
(3) other information
that reasonably may be required by the Department of Motor
Vehicles to enable it to determine whether the vehicle is
lawfully entitled to registration and licensing;
(4) the application
shall be accompanied by a bill of sale and a vehicle
registration certificate, Manufacturer's Certificate of Origin,
or an affidavit from the applicant certifying that he is the
legal and rightful owner of the moped. The documentation
provided must list the vehicle specifications, including the
total cubic centimeters of the engine or wattage of the engine,
as applicable.
Section 56-2-3050. The department, at the request of the owner, may issue a title for the moped in conjunction with the moped registration, provided that the owner makes application for title on the appropriate form and provides the department with a Manufacturer's Statement of Origin or a prior title. If an owner cannot provide a Manufacturer's Statement of Origin or prior title, the moped may be registered, but not titled.
Section 56-2-3060. (A)
A person is guilty of a misdemeanor who:
(1)
fraudulently uses or gives a false or fictitious name or
address in an application required to be made under this
chapter;
(2)
knowingly makes a false statement in an application;
or
(3)
knowingly conceals a material fact in an application.
(B) A person who
operates or an owner who permits the operation or movement of a
vehicle registered and licensed under a violation of this
section is guilty of a misdemeanor.
Section 56-2-3065. A moped, while traveling along a multi-lane highway, must be operated in the farthest right lane except when making a left turn.
Section 56-2-3070. (A)
A person may not ride upon a moped other
than upon or astride a permanent and regular seat attached to
the moped. A moped may not be used to carry more persons at one
time than the number for which it is designed and equipped by
the manufacturer.
(B) A person, while
operating a moped, and his passenger must each wear a reflective
vest that at a minimum is ANSI/ISEA Class 1 standard.
Section 56-2-3080. It is unlawful for a person to operate a moped on the public roads in this State that have a speed limit of greater than fifty-five miles per hour. A moped is not prohibited from crossing an intersection at a public road with a speed limit in excess of fifty-five miles per hour.
Section 56-2-3090. (A)
It is unlawful for a person to sell a new
moped for use on the public highways and streets of this State
or operate a moped upon the public highways and streets of this
State without:
(1)
operable pedals, if the moped is equipped with pedals;
(2)
at least one rearview mirror;
(3)
operable headlight and running lights;
(4)
brake lights which are operable when either brake is
deployed; and
(5)
a flashing red rear tail light that is continuously
engaged while the vehicle is in operation.
(B) A person who
violates the provisions of this section is guilty of a
misdemeanor and, upon conviction, must be fined not more than
two hundred dollars or imprisoned not more than thirty days.
Section 56-2-3100. The
operator of a moped must have the operational lights turned on
at all times while the moped is in operation on the public
highways and streets of this State and have the following
equipment turned on and in operation:
(1) the head lights and
operational lights; and
(2) the continuously
flashing rear red tail light.
Section 56-2-3110. (A)
Prior to July 1, 2018, a person who sells,
solicits, or advertises the sale of mopeds clearly and
conspicuously shall label each moped with its specifications
including, but not limited to, the brake horsepower of the motor
and the maximum speed of the vehicle on level ground. The seller
also shall attach a metal identification plate to each moped
without pedals identifying the vehicle as a moped. This plate
must be designed by the Department of Motor Vehicles and must
display information the department considers necessary for
enforcement purposes. The plate must be displayed permanently on
each moped without pedals and must not be removed. A seller of
mopeds who fails to label a moped, fails to attach a metal
identification plate to a moped, knowingly labels a motorcycle
or motor-driven cycle as a moped, or attaches a metal
identification plate to a motorcycle or motor-driven cycle
identifying the vehicle as a moped, is guilty of a misdemeanor
and, upon conviction, must be fined not more than two hundred
dollars or imprisoned for not more than thirty days.
(B) It is unlawful for
a person to operate a moped without pedals upon the public
highways and streets of this State without displaying the metal
identification plate which must be attached to the vehicle. A
person who violates the provisions of this subsection is guilty
of a misdemeanor and, upon conviction, must be fined not more
than two hundred dollars or imprisoned not more than thirty
days.
(C) Each vehicle which
is incorrectly labeled or plated and each moped which is not
labeled or plated is a separate violation of this section.
Section 56-2-3120. A person selling mopeds shall post, in a conspicuous place in his business, a sign that contains a brief explanation of the provisions of law governing the operation of mopeds, including but not limited to, age restrictions, maximum speeds, and the definition of a moped.
Section 56-2-3130. A person or entity selling mopeds is not required to obtain a motor vehicle dealer's license."
SECTION 13. Chapter 2, Title 56 of the 1976 Code is amended by adding:
"Section 56-2-4000. It is a misdemeanor for any person to violate any of the provisions of this chapter unless such violation is by this chapter or other law of this State declared to be a felony. Every person convicted of a misdemeanor for a violation of any of the provisions of this chapter for which another penalty is not provided shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days."
SECTION 14. Section 56-3-20 of the 1976 Code is amended to read:
"Section 56-3-20.
For purposes of this chapter, the following words and
phrases are defined as follows:
(1) 'Vehicle'
means every device in, upon, or by which a person or property is
or may be transported or drawn upon a highway, except devices
moved by human power or used exclusively upon stationary rails
or tracks. Reserved.
(2) 'Motor
vehicle' means every vehicle which is self- propelled, except
mopeds, and every vehicle which is propelled by electric power
obtained from overhead trolley wires, but not operated upon
rails. Reserved.
(3)
'Motorcycle' means every motorcycle 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. Reserved.
(4)
'Motor-driven cycle' means every motorcycle,
including every motor scooter, with a motor which produces not
to exceed five horsepower. Reserved.
(5) 'Authorized
emergency vehicle' means vehicles of the fire department (fire
patrol), police vehicles, and the ambulances and emergency
vehicles of municipal departments or public service corporations
designated or authorized by the department or the chief of
police of an incorporated municipality.
(6) 'School bus' means
every bus owned by a public or governmental agency and operated
for the transportation of children to or from school or
privately owned and operated for the transportation of children
to or from school.
(7) 'Truck tractor'
means every motor vehicle designed and used primarily for
drawing other vehicles and not constructed so as to carry a load
other than a part of the weight of the vehicle and load drawn.
(8) 'Farm tractor'
means every motor vehicle designed and used primarily as a farm
implement for drawing plows, mowing machines, and other
implements of husbandry.
(9) 'Road tractor'
means every motor vehicle designed and used for drawing other
vehicles and not constructed so as to carry a load on it either
independently or any part of the weight of a vehicle or load
drawn.
(10) 'Truck' means
every motor vehicle designed, used, or maintained primarily for
the transportation of property.
(11) 'Special mobile
equipment' includes every vehicle, with or without motive power,
not designed or used primarily for the transportation of persons
or pay-load property and incidentally operated or moved over the
highways, including farm tractors, road construction and
maintenance machinery, ditchdigging apparatus, well-boring
apparatus, truck cranes or mobile shovel cranes, and similar
vehicles; this enumeration is deemed partial and does not
operate to exclude other vehicles which are within the general
terms of this definition.
(12) 'Bus' means every
motor vehicle designed for carrying more than ten passengers and
used for the transportation of persons and every motor vehicle,
other than a taxicab, designed and used for the transportation
of persons for compensation.
(13) 'Trailer' means
every vehicle with or without motive power, other than a pole
trailer, designed for carrying persons or property and for being
drawn by a motor vehicle and constructed so that no part of its
weight rests upon the towing vehicle.
(14) 'Semitrailer'
means every vehicle with or without motive power, other than a
pole trailer, designed for carrying persons or property and for
being drawn by a motor vehicle and constructed so that some part
of its weight and that of its load rests upon or is carried by
another vehicle.
(15) 'Pole trailer'
means every vehicle without motive power designed to be drawn by
another vehicle and attached to the towing vehicle by means of a
reach or pole or by being boomed or otherwise secured to the
towing vehicle and ordinarily used for transporting long or
irregularly shaped loads such as poles, pipes, or structural
members capable, generally, of sustaining themselves as beams
between the supporting connections.
(16) 'Foreign vehicle'
means every vehicle of a type required to be registered brought
into this State from another state, territory, or country other
than in the ordinary course of business by or through a
manufacturer or dealer and not registered in this State.
(17) 'Implement of
husbandry' means every vehicle which is designed for
agricultural purposes and exclusively used by its owner in the
conduct of his agricultural operations.
(18) 'Solid tire' means
every tire of rubber or other resilient material which does not
depend upon compressed air for the support of the load.
(19) 'Gross weight' or
'gross weight vehicle' means the weight of a vehicle without
load plus the weight of any load on it.
(20) 'Load capacity'
means the maximum weight of the pay load of the property
intended to be transported by a vehicle or combination of
vehicles, exclusive of the weight of the vehicle or vehicles.
(21) 'Owner' means a
person who holds the legal title of a vehicle or, in the event
(a) a vehicle is the subject of an agreement for the conditional
sale or lease with the right of purchase upon performance of the
conditions stated in the agreement and with an immediate right
of possession vested in the conditional vendee or lessee or (b)
a mortgagor of a vehicle is entitled to possession, then the
conditional vendee or lessee or mortgagor is deemed the owner
for the purpose of this chapter.
(22)
'Nonresident' means every person who is not a
resident of this State. Reserved.
(23) 'Dealer' or
'motor vehicle dealer' means both 'dealer' and 'wholesaler' as
defined in Chapter 15 of this title.
(24)
[Deleted] Reserved.
(25) 'Street' or
'highway' means the entire width between boundary lines of every
way publicly maintained when any part of it is open to the use
of the public for vehicular travel.
(26) 'Odometer' means
an instrument for measuring and recording the actual distance a
motor vehicle travels while in operation; it does not include an
auxiliary instrument designed to be reset by the operator of the
motor vehicle for the purpose of recording the distance traveled
on trips.
(27) 'Odometer reading'
means actual cumulative distance traveled disclosed on the
odometer.
(28) 'Odometer
disclosure statement' means a statement, as prescribed by item
(4) of Section 56-3-240, certified by the owner of the motor
vehicle to the transferee or to the Department of Motor Vehicles
as to the odometer reading.
(29) 'Moped'
means every cycle with pedals to permit propulsion by human
power and with a motor of not more than fifty cubic centimeters
which produces not to exceed one and one-half brake horsepower
and which is not capable of propelling the vehicle at a speed in
excess of twenty-five miles per hour on level ground. If an
internal combustion engine is used, the moped must have a power
drive system that functions directly or automatically without
clutching or shifting by the operator after the drive system is
engaged. Reserved.
(30) '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.
(31)
'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.
Reserved."
SECTION 15. Section 56-3-200 of the 1976 Code is amended to read:
"Section 56-3-200.
Except in the case of a moped or as otherwise
provided for in Chapter 19 of this title, the Department of
Motor Vehicles shall not register or renew the registration of a
vehicle unless a certificate of title has been issued by the
Department to the owner or an application
therefor has been delivered by the owner to the
department."
SECTION 16. Section 56-3-250 of the 1976 Code is amended to read:
"Section 56-3-250.
No vehicle shall be registered and licensed by the
Department of Motor Vehicles unless a signed statement
accompanies the application certifying that all county and
municipal taxes legally due by the applicant on the vehicle
concerned have been paid and if such vehicle is legally subject
to being returned by the applicant for county and municipal
taxes such return has been made; that the applicant is not
delinquent in the payment of any motor vehicle taxes in this
State, and that the address and county shown on the application
for license is the true legal residence of the applicant. A
transfer between members of the same family shall not, for the
purpose of this section, be considered a bona fide purchase.
Any person falsely certifying as required in this section shall
have his driver's license suspended for a period of six months.
The provisions of this section shall not
apply to a moped, to any citizen of this State on active
duty with the Armed Forces of the United States when the vehicle
to be registered and licensed is operated for more than six
months each year outside the boundaries of this State, nor to
any motor vehicle subject to assessment for ad valorem tax
purposes by the State Tax Commission
Department of Revenue."
SECTION 17. Section 56-3-630 of the 1976 Code, as last amended by Act 398 of 2006, is further amended to read:
"Section 56-3-630.
The Department of Motor Vehicles shall classify as a
private passenger motor vehicle every motor vehicle which is
designed, used, and maintained for the transportation of ten or
fewer persons and trucks having an empty weight of nine thousand
pounds or less and a gross weight of eleven thousand pounds or
less, except a motorcycle, motorcycle three-wheel vehicle, or
motor-driven cycle moped. The
department shall classify a three-wheel vehicle by the
manufacturers manufacturer's statement
of origin for the vehicles initial registration. For subsequent
registration, the department shall classify the three-wheel
vehicle by its title document. This section does not relieve or
negate any applicable fees required under Section
56-3-660."
SECTION 18. Section 56-3-760 of the 1976 Code is amended to read:
"Section 56-3-760. For every
motorcycle, motorcycle three-wheel vehicle, or
motor-driven cycle moped the biennial
registration fee is ten dollars."
SECTION 19. Section 56-5-120 of the 1976 Code is amended to read:
"Section 56-5-120.
Every device in, upon or by which any person or
property is or may be transported or drawn upon a highway,
except devices moved by human power or used exclusively upon
stationary rails or tracks, is a "vehicle.
Reserved."
SECTION 20. Section 56-5-130 of the 1976 Code is amended to read:
"Section 56-5-130.
Every vehicle which is self-propelled, except
mopeds, and every vehicle which is propelled by electric power
obtained from overhead trolley wires, but not operated upon
rails, is a "motor vehicle".
Reserved."
SECTION 21. Section 56-5-140 of the 1976 Code is amended to read:
"Section 56-5-140.
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, is a "motorcycle".
Reserved."
SECTION 22. Section 56-5-150 of the 1976 Code is amended to read:
"Section 56-5-150.
Every motorcycle, including every motor scooter,
with a motor which produces not to exceed five horsepower is a
"motor-driven cycle". Reserved."
SECTION 23. Section 56-5-155 of the 1976 Code is amended to read:
"Section 56-5-155.
A motorcycle three-wheel vehicle means a motor
vehicle having no more than three permanent functional wheels in
contact with the ground and includes motorcycles with detachable
side cars, having a saddle type seat for the operator, and
handle bars or a motorcycle type steering device, but excludes a
tractor or automotive three-wheel vehicle.
Reserved."
SECTION 24. Section 56-5-165 of the 1976 Code is amended to read:
"Section 56-5-165.
Notwithstanding the provisions of Section
56-5-160, every cycle with pedals to permit propulsion by human
power or without pedals and with a motor of not more than fifty
cubic centimeters which produces not to exceed two brake
horsepower and which is not capable of propelling the vehicle at
a speed in excess of thirty miles an hour on level ground is a
moped. If an internal combustion engine is used, the moped must
have a power drive system that functions directly or
automatically without clutching or shifting by the operator
after the drive system is engaged.
Reserved."
SECTION 25. Section 56-5-361 of the 1976 Code is amended to read:
"Section 56-5-361.
Every motor vehicle except motorcycles and
motor-driven cycles mopeds, designed for
carrying ten passengers or less and used for the transportation
of persons is a 'passenger car'."
SECTION 26. Section 56-5-410 of the 1976 Code is amended to read:
"Section 56-5-410.
An "owner" is 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. Reserved."
SECTION 27. Section 56-5-1550 of the 1976 Code is amended to read:
"Section 56-5-1550.
No person shall operate any motor-driven cycle at
any time mentioned in Section 56-5-4450 at a speed greater than
thirty-five miles per hour unless such motor-driven cycle is
equipped with head lamps which are adequate to reveal a person
or vehicle at a distance of three hundred feet ahead.
Reserved."
SECTION 28. Section 56-5-1555 of the 1976 Code is amended to read:
"Section 56-5-1555.
No person may operate a moped at a speed in excess of
twenty-five thirty-five miles an hour.
A person who violates the provisions of this section is guilty
of a misdemeanor and, upon conviction, must be fined not more
than two hundred dollars or imprisoned not more than thirty
days."
SECTION 29. Section 56-5-4450 of the 1976 Code is amended to read:
"Section 56-5-4450.
(A) Every vehicle upon a street
or highway within this State shall display lighted lamps and
illuminating devices, excluding parking lights, from a half hour
after sunset to a half hour before sunrise, and at any other
time when windshield wipers are in use as a result of rain,
sleet, or snow, or when inclement weather or environmental
factors severely reduce the ability to clearly discern persons
and vehicles on the street or highway at a distance of five
hundred feet ahead as required in this article for different
classes of vehicles, subject to exceptions with respect to
parked vehicles as provided in this article; provided, however,
the provisions of this section requiring use of lights in
conjunction with the use of windshield wipers shall not apply to
instances when windshield wipers are used intermittently in
misting rain, sleet, or snow.
Until January 1, 1989, any person
who fails to display the lights of a vehicle he is operating
when lights are required by this section due to inclement
weather or environmental factors may be issued only a warning
ticket. (B) Any
person who violates this section is guilty of a misdemeanor and,
upon conviction, may be fined up to twenty-five dollars."
SECTION 30. Section 56-9-20(4), (5), (6), (7), (8), and (9) of the 1976 Code is amended to read:
"(4) 'Motor
vehicle': Every self-propelled vehicle which is designed for use
upon a highway, including trailers and semitrailers designed for
use with such vehicles but excepting traction engines, road
rollers, farm tractors, tractor cranes, power shovels,
mopeds, and well drillers, and every vehicle
which is propelled by electric power obtained from overhead
wires but not operated upon rails;
(5) 'Motor vehicle
liability policy': An owner's or an operator's policy of
liability insurance that fulfills all the requirements of
Sections 38-77-140 through 38-77-230, certified as provided in
Section 56-9-550 or 56-9-560 as proof of financial
responsibility and issued, except as otherwise provided in
Section 56-9-560, by an insurance carrier duly authorized to
transact business in this State, to or for the benefit of the
person or persons named therein as insured, and any other
person, as insured, using the vehicle described therein with the
express or implied permission of the named insured, and subject
to the following special conditions:
(a)
Contents of motor vehicle liability policy. The motor
vehicle liability policy shall state the name and address of the
named insured, the coverage afforded by the policy, the premium
charged therefor, the policy period, and the limits of liability
and shall contain an agreement or be endorsed that insurance is
provided thereunder in accordance with the coverage defined in
this chapter as respects bodily injury and death or property
damage, or both, and is subject to all of the provisions of this
chapter.
(b)
Provisions deemed incorporated in such policy. Every motor
vehicle liability policy is subject to the following provisions,
which need not be contained therein:
(1)
The liability of the insurance carrier with respect to the
insurance required by this chapter shall become absolute
whenever injury or damage covered by the motor vehicle liability
policy occurs;
(2)
The policy may not be cancelled or annulled as to the
liability by any agreement between the insurance carrier and the
insured after the occurrence of the injury or damage;
(3)
No Statement made by the insured or on his behalf and no
violation of the policy shall defeat or void the policy;
(4)
The satisfaction by the insured of a judgment for the
injury or damage shall not be a condition precedent to the right
or duty of the insurance carrier to make payment on account of
the injury or damage;
(5)
The insurance carrier shall have the right to settle any
claim covered by the policy, and if the settlement is made in
good faith, the amount thereof shall be deductible from the
limits of liability specified in Section 38-77-140; and
(6)
The policy, written application therefor, if any, and any
rider or endorsement which does not conflict with the provisions
of this chapter shall constitute the entire contract between the
parties.
(c)
What policy need not cover. The motor vehicle liability
policy need not insure any liability under the Workers'
Compensation Law nor any liability on account of bodily injury
to or death of an employee of the insured while engaged in the
employment, other than domestic, of the insured, or while
engaged in the operation, maintenance, or repair of the motor
vehicle, nor any liability for damage to property owned by,
rented to, in charge of, or transported by the insured.
(d)
Additional coverage permitted. Any policy which grants the
coverage required for a motor vehicle liability policy may also
grant any lawful coverage in excess of or in addition to the
coverage specified for a motor vehicle liability policy and the
excess or additional coverage shall not be subject to the
provisions of this chapter. With respect to a policy which
grants this excess or additional coverage, the term 'motor
vehicle liability policy' shall apply only to that part of the
coverage which is required by this article.
(e)
Additional permissible provisions. Any motor vehicle
liability policy may provide:
(1)
That the insured shall reimburse the insurance carrier for
any payment the insurance carrier would not have been obligated
to make under the terms of the policy except for the provisions
of this chapter; and
(2)
For the prorating of the insurance thereunder with other
valid and collectible insurance.
(f)
Requirements may be met by several policies. The
requirements for a motor vehicle liability policy may be
fulfilled by the policies of one or more insurance carriers
which policies together meet such requirements.
(g)
Legal binder deemed to meet requirements. Any legal binder
issued pending the issuance of a motor vehicle liability policy
shall be considered as fulfilling the requirements for such
policy.
(h)
Notice required to cancel certified policy; cancellation
by subsequent policy. When an insurance carrier has certified a
motor vehicle liability policy under Sections 56-9-550 or
56-9-560, the insurance so certified shall not be cancelled or
terminated until at least ten days after a notice of
cancellation or termination of the insurance certified shall be
filed with the Department of Motor Vehicles, except that a
policy subsequently procured and certified shall at 12:01 A. M.,
on the effective date of its certification, terminate the
insurance previously certified with respect to any motor vehicle
designated in both certificates.
(i)
Other required policies unaffected. This chapter shall not
be held to apply to or affect policies of automobile insurance
against liability insuring public carriers or policies which may
be required by any other law of this State, any law or ordinance
of any municipality or any law or regulation of the United
States or any of its agencies, and those policies, if they
contain an agreement or are endorsed to conform with the
requirements of this chapter, may be certified as proof of
financial responsibility under this chapter.
(j)
Chapter inapplicable to policies covering use by
employees, etc., of vehicles not owned by insured. This chapter
shall not be held to apply to or affect policies insuring solely
the insured named in the policy against liability resulting from
the maintenance or use by the persons in the insured's employ or
on his behalf of motor vehicles not owned by the insured;
(6)
'Nonresident:' Every person who is not a resident of
this State; Reserved.
(7)
'Nonresident operating privilege:' The privilege
conferred upon a nonresident by the laws of this State
pertaining to the operation by him of a motor vehicle or the use
of a motor vehicle owned by him in this State;
Reserved.
(8)
'Operator:' Every person who is in actual physical
control of a motor vehicle, whether or not licensed as an
operator or chauffeur under the laws of this State;
Reserved.
(9) 'Owner:' , A
person who holds the legal title of a motor vehicle or a
person to whom a moped is registered, or, in the event a
motor vehicle is the subject of an agreement for the conditional
sale or lease thereof with the right of purchase upon
performance of the conditions stated in the agreement and with
an immediate right of possession vested in the conditional
vendee or lessee or in the event a mortgagor of a vehicle is
entitled to possession, then the conditional vendee or lessee or
mortgagor shall be considered the owner for the purposes of this
chapter;"
SECTION 31. Section 56-9-110 of the 1976 Code is amended to read:
"Section 56-9-110.
This chapter shall not apply with respect to any
accident or judgment arising therefrom or violation of the motor
vehicle laws of this State, occurring prior to January 1,
1953. Reserved."
SECTION 32. Section 56-10-520 of the 1976 Code is amended to read:
"Section 56-10-520.
(A) A person who owns an
uninsured motor vehicle:
(1)
licensed in the State; or
(2) subject
to registration in the State; that is licensed in the state or subject to
registration in the state, who operates or permits the
operation of that motor vehicle without first having paid to the
director the uninsured motor vehicle fee required by Section
56-10-510, to be disposed of as provided by Section 56-10-550,
is guilty of a misdemeanor.
(B)(1) A person
who is the operator of an uninsured motor vehicle and not the
titled owner, or in the case of a moped is not the registered
owner, who knows that the required fee has not been paid to
the director, is guilty of a misdemeanor and, upon conviction,
must: for a:
(a)
first offense be fined no less than one hundred
dollars and not more than two hundred dollars or imprisoned for
thirty days; for a
(b)
second offense be fined two hundred dollars or
imprisoned for thirty days, or both; or for a third or
subsequent offense must be imprisoned for not less than
forty-five days nor more than six months.
(2)
Only convictions which occurred within five years,
including and immediately preceding the date of the last
conviction, constitute prior convictions within the meaning of
this section.
(C) The director
or his designee, having reason to believe that a motor vehicle
is being operated or has been operated on any specified date,
may require the owner of such motor vehicle to submit the
certificate of insurance provided for by Section 56-10-510. The
refusal or neglect of the owner who has not, before the date of
operation, paid the uninsured motor vehicle fee required by
Section 56-10-510 as to such motor vehicle, to furnish such
certificate must be prima facie evidence that the motor vehicle
was an uninsured motor vehicle at the time of such operation. A
person who presents or causes to be presented to the director a
false certificate that a motor vehicle is an insured motor
vehicle or false evidence that a motor vehicle sought to be
registered is an insured motor vehicle, is guilty of a
misdemeanor and, upon conviction, must be fined pursuant to
Section 56-10-260.
(D) Abstracts of
records of conviction, as defined in this title, of any
violation of any of the provisions of this section must be
forwarded to the director as prescribed by Section 56-9-330.
The director shall suspend the driver's license and all
registration certificates and license plates of any titled owner
of an uninsured motor vehicle upon receiving notice of a
violation of any provisions of this section, and the director
shall not thereafter reissue the driver's license and the
registration certificates and license plates issued in the name
of such person until such person pays the fee applicable to the
registration of an uninsured motor vehicle as prescribed in
Section 56-10-510 and furnishes proof of future financial
responsibility as prescribed by this section. Notice of such
suspension shall be made in the form provided for in Section
56-1-465. However, when three years have elapsed from the date
proof was required, the director may relieve the person of the
requirement of furnishing proof of future financial
responsibility. When the suspension results from a conviction
for presenting or causing to be presented to the director a
false certificate as to whether a motor vehicle is an insured
motor vehicle or false evidence that any motor vehicle sought to
be registered is insured, then the director shall not thereafter
reissue the driver's license and the registration certificates
and license plates issued in the name of the person so convicted
for a period of one hundred eighty days from the date of the
order of suspension, and only then when all other provisions of
law have been complied with by the person. The director shall
suspend the driver's license of any person who is the operator
but not the titled owner of a motor vehicle upon receiving
notice of a violation of any provisions of this section, and he
shall not thereafter reissue the driver's license until thirty
days from the date of the order of suspension."
SECTION 33. Section 56-10-535 of the 1976 Code is amended to read:
"Section 56-10-535.
The director, upon receiving notice at the time of
application or at any time during participation in the fund that
a titled owner of a motor vehicle, or the registered owner of
a moped has been convicted of one of the following
violations: disobedience of any official traffic device;
failure to stop for law enforcement officer when signaled;
disobedience to any officer directing traffic; failure to stop
for a school bus; leaving the scene of an accident where injury
to a person or damage to property results; theft or unlawful
taking of a vehicle; racing on public highways; driving under
the influence of intoxicating liquor or narcotic drugs or where
injury to a person of over six hundred dollars per person or
damage to property of the insured or other person of over one
thousand dollars results; reckless driving where injury to a
person of over six hundred dollars per person or damage to
property of the insured or other person of over one thousand
dollars results, homicide or assault arising out of the
operation of a motor vehicle; any felony involving the use of a
motor vehicle; the transporting of illegal whiskey or unlawful
drugs or other controlled or narcotic substances; reckless
homicide; wilful making of false statements in the application
for license or registration; impersonating an applicant for
license or registration or procuring a license or registration
through impersonation whether for himself or another; any three
or more moving traffic convictions; any two or more accidents
for which the owner is responsible and where injury to a person
of over six hundred dollars per person or damage to property of
the insured or other persons of over one thousand dollars
results, or if any household driver has been licensed for less
than three years; then the director shall require the owner to
furnish proof of financial responsibility in the manner
prescribed by the director.
However, when three years have elapsed from
the effective date of any conviction for the above offenses, the
director may relieve such person of the requirement of
furnishing proof of future financial responsibility."
SECTION 34. Section 56-15-10(a) of the 1976 Code is amended to read:
"(a) 'Motor
vehicle', any motor driven vehicle required to be registered
under Section 56-3-110. This For purposes
of this chapter, this definition does not include
motorcycles or mopeds."
SECTION 35. Section 56-16-10(a) of the 1976 Code is amended to read:
"(a) 'Motorcycle'
means every motor vehicle having a seat or saddle for
the use of the rider and designed to travel on not more than two
wheels in contact with the ground is defined in
Section 56-1-10. This section shall
chapter does not apply to bicycles with helper motors
or vehicles defined in Section 56-1-1710."
SECTION 36. Section 56-19-10 of the 1976 Code, as last amended by Act 317 of 2008, is further amended to read:
"Section 56-19-10.
For the purposes of this chapter and Chapter 21
of, Title 16, the following terms are
defined as follows:
(1) 'Authorized
emergency vehicle' means vehicles of the fire department, police
vehicles, and the ambulances and emergency vehicles of municipal
departments or public service corporations designated or
authorized by the chief of police or governing body of a
municipality.
(2) 'Bicycle' means a
device propelled solely by pedals, operated by one or more
persons, and having two or more wheels, except childrens'
tricycles.
(3) 'Bus' means every
motor vehicle designed for carrying more than ten passengers and
used for the transportation of persons and every motor vehicle,
other than a taxicab, designed and used for the transportation
of persons for compensation.
(4) 'Dealer' or 'motor
vehicle dealer' means both 'dealer' and 'wholesaler', as defined
in Chapter 15 of this title.
(5) 'Driver'
means every person who drives or is in actual physical control
of a vehicle. Reserved.
(6) 'Essential parts'
means all integral and body parts of a vehicle of a type
required to be registered under this title, the removal,
alteration, or substitution of which would tend to conceal the
identity of the vehicle or substantially alter its appearance,
model, type, or mode of operation.
(7)
[Deleted] Reserved.
(8) 'Farm tractor'
means every motor vehicle designed and used primarily as a farm
implement for drawing plows, mowing machines, and other
implements of husbandry.
(9) 'Foreign vehicle'
means every vehicle of a type required to be registered under
this title brought into this State from another state,
territory, or country, other than in the ordinary course of
business by or through a manufacturer or dealer, and not
registered in this State.
(10) 'House trailer'
means:
(a)
a trailer or semitrailer which is designed, constructed,
and equipped as a dwelling place, living abode, or sleeping
place, either permanently or temporarily, and is equipped for
use as a conveyance on streets and highways; or
(b)
a trailer or a semitrailer whose chassis and exterior
shell is designed and constructed for use as a house trailer, as
defined in subitem (a) of this item, but which is used instead
permanently or temporarily for the advertising, sales, display,
or promotion of merchandise or services or for another
commercial purpose except the transportation of property for
hire or the transportation of property for distribution by a
private carrier.
(11) 'Identifying
number' means the numbers and letters, if any, on a vehicle
designated by the Department of Motor Vehicles for the purpose
of identifying the vehicle.
(12) 'Implement of
husbandry' means every vehicle, including mobile barns, designed
and adapted exclusively for agricultural, horticultural, or
livestock-raising operations or for lifting or carrying an
implement of husbandry and in either case not subject to
registration if used upon the highways.
(13) 'Lienholder' means
a person holding a security interest in a vehicle.
(14) 'Mail' means to
deposit in the United States mail, properly addressed and with
postage prepaid.
(15) 'Manufacturer'
means every person engaged in the business of constructing or
assembling vehicles of a type required to be registered under
this title at an established place of business in this State.
(16) 'Motor
vehicle' means every vehicle which is self- propelled, except
mopeds, and every vehicle which is propelled by electric power
obtained from overhead trolley wires, but not operated upon
rails. Reserved.
(17)
'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. Reserved.
(18)
'Motor-driven cycle' means every motorcycle,
including every motor scooter with a motor which produces not to
exceed five horsepower. Reserved.
(19)
'Nonresident' means every person who is not a
resident of this State. Reserved.
(20) 'Operator'
means every person, other than a chauffeur, 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. Reserved.
(21) 'Owner' means a person, other
than a lienholder, having the property in 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. Reserved.
(22) 'Pole trailer'
means every vehicle without motive power designed to be drawn by
another vehicle and attached to the towing vehicle by means of a
reach or pole or by being boomed or otherwise secured to the
towing vehicle and ordinarily used for transporting long or
irregularly shaped loads such as poles, pipes, or structural
members capable, generally, of sustaining themselves as beams
between the supporting connections.
(23) 'Previously
registered vehicle' means a vehicle registered in this State on
January 1, 1958, or a vehicle whose last registration before
that date was in this State.
(24) 'Reconstructed
vehicle' means every vehicle of a type required to be registered
under this title materially altered from its original
construction by the removal, addition, or substitution of
essential parts, new or used.
(25) 'Registration'
means the registration certificate or certificates and
registration plates issued under the laws of this State
pertaining to the registration of vehicles.
(26) 'Road tractor'
means every motor vehicle designed and used for drawing other
vehicles and not constructed to carry any load on it, either
independently or any part of the weight of a vehicle or load
drawn.
(27) 'School bus' means
every motor vehicle owned by a public or governmental agency and
operated for the transportation of children to or from school,
or privately owned and operated for compensation for the
transportation of children to or from school.
(28) 'Security
agreement' means a written agreement which reserves or creates a
security interest.
(29) 'Security
interest' means an interest in a vehicle reserved or created by
agreement and which secures payment or performance of an
obligation, conditional sale contract, conditional lease,
chattel mortgage, or other lien or encumbrance, except taxes or
attachment liens provided for in Section 29-15-20. The term
includes the interest of a lessor under a lease intended as
security. A security interest is 'perfected' when it is valid
against third parties generally, subject only to specific
statutory exceptions.
(30) 'Semitrailer'
means every vehicle with or without motive power, other than a
pole trailer, designed for carrying persons or property and for
being drawn by a motor vehicle and constructed so that some part
of its weight and that of its load rests upon or is carried by
another vehicle.
(31) 'Special mobile
equipment' means every vehicle not designed or used primarily
for the transportation of persons or property and only
incidentally operated or moved over a highway including, but not
limited to: ditchdigging apparatus, well-boring apparatus, and
road construction and maintenance machinery, such as asphalt
spreaders, bituminous mixers, bucket loaders, tractors other
than truck tractors, ditchers, leveling graders, finishing
machines, motor graders, road rollers, scarifiers, earth-moving
carryalls and scrapers, power shovels and draglines, and
self-propelled cranes and earth-moving equipment. The term does
not include house trailers, dump trucks, truck-mounted transit
mixers, cranes, or shovels, or other vehicles designed for the
transportation of persons or property to which machinery has
been attached.
(32) 'Specifically
constructed vehicle' means every vehicle of a type required to
be registered under this title not originally constructed under
a distinctive name, make, model, or type by a generally
recognized manufacturer of vehicles and not materially altered
from its original construction.
(33) 'Trackless trolley
coach' means every motor vehicle which is propelled by electric
power obtained from overhead trolley wires but not operated upon
rails.
(34) 'Trailer' means
every vehicle with or without motive power, other than a pole
trailer, designed for carrying persons or property and for being
drawn by a motor vehicle and constructed so that no part of its
weight rests upon the towing vehicle.
(35) 'Transporter'
means every person engaged in the business of delivering
vehicles of a type required to be registered under this title
from a manufacturing, assembling, or distributing plant to
dealers or sales agents of a manufacturer.
(36) 'Truck' means
every motor vehicle designed, used, or maintained primarily for
the transportation of property.
(37) 'Truck tractor'
means every motor vehicle designed and used primarily for
drawing other vehicles and not constructed to carry a load other
than a part of the weight of the vehicle and load drawn.
(38) 'Vehicle'
means every device in, upon, or by which a person or property is
or may be transported or drawn upon a highway, excepting devices
moved by human power or used exclusively upon stationary rails
or tracks. Reserved.
(39) 'Mobile home'
means every vehicle which is designed, constructed, and equipped
principally as a permanent dwelling place and is equipped to be
moved on streets and highways, but which exceeds the size
limitations prescribed in Section 56-3-710 and which cannot be
licensed and registered by the Department of Motor Vehicles as a
'house trailer'.
(40) 'Odometer' means
an instrument for measuring and recording the actual distance a
motor vehicle travels while in operation; it does not include an
auxiliary instrument designed to be reset by the operator of the
motor vehicle for the purpose of recording the distance traveled
on trips.
(41) 'Odometer reading'
means actual cumulative distance traveled disclosed on the
odometer.
(42) 'Odometer
disclosure statement' means a statement, as prescribed by item
(d) of subsection (1) of Section 56-19-240, certified by the
owner of the motor vehicle to the transferee or to the
Department of Motor Vehicles as to the odometer reading.
(43) 'Moped'
means, notwithstanding item (2), every cycle with pedals to
permit propulsion by human power or without pedals and with a
motor of not more than fifty cubic centimeters which produces
not to exceed two brake horsepower and which is not capable of
propelling the vehicle at a speed in excess of thirty miles an
hour on level ground. If an internal combustion engine is used,
the moped must have a power drive system that functions directly
or automatically without clutching or shifting by the operator
after the drive system is engaged.
Reserved. (44)
'Automotive three-wheel vehicle' means a 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 and a motorcycle three-wheel
vehicle. Reserved.
(45)
'Motorcycle three-wheel vehicle' means a 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
handlebars or a motorcycle type steering device, but excluding a
tractor or automotive three-wheel vehicle.
Reserved."
SECTION 37. Section 56-19-220 of the 1976 Code is amended to read:
"Section 56-19-220.
No certificate of title need be obtained for:
(1) A vehicle owned by
the United States unless it is registered in this State;
(2) A vehicle owned by
a manufacturer or dealer and held for sale, even though
incidentally moved on the highway or used for purposes of
testing or demonstration, or a vehicle used by the manufacturer
solely for testing;
(3) A vehicle owned by
a nonresident of this State and not required by law to be
registered in this State;
(4) A vehicle regularly
engaged in the interstate transportation of persons or property
for which a currently effective certificate of title has been
issued in another state;
(5) A vehicle moved
solely by animal power;
(6) An implement of
husbandry;
(7) Special mobile
equipment not required to be registered and licensed in this
State;
(8) A pole trailer;
and
(9)
Vehicles A vehicle not required to
be licensed and registered in this State, except mobile
homes.;
(10) A vehicle used
by its manufacturer in a benefit program for the manufacturer's
employees.;
(11) A vehicle used by
its manufacturer for testing, distribution, evaluation, and
promotion, subject to the limitation in Section
56-3-2332(B)(2); or
(12) A
moped."
SECTION 38. Section 38-77-30(5.5)(d) of the 1976 Code is amended to read:
"(d) Individual
private passenger automobile does not include:
(i)
motor vehicles that are used for public or livery
conveyance or rented to others without a driver;
(ii)
fire department vehicles, police vehicles, ambulances, and
rescue squad vehicles which are publicly owned;
(iii)
motor-driven cycles, motor scooters, and
mopeds;
(iv) dune buggies,
all-terrain vehicles, go carts, and snowmobiles;
(v)(iv) golf
carts; and
(vi)(v) small
commercial risks.
SECTION 39. Article 30, Chapter 5, Title 56 of the 1976 Code is repealed.
SECTION 40. 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 41. This act takes effect six months after approval by the Governor. /
Renumber sections to conform.
Amend title to conform.