H 4424 Session 110 (1993-1994)
H 4424 General Bill, By T.L. Farr
Similar(S 1098)
A Bill to amend Section 56-5-4070, as amended, Code of Laws of South Carolina,
1976, relating to length of vehicle combinations, so as to change the
Department of Public Safety to the Department of Transportation; to amend
Section 56-5-4170, as amended, relating to permits for excess size and weight,
so as to change the name of the Department of Revenue and Taxation to the
Department of Transportation.
01/11/94 House Introduced and read first time HJ-50
01/11/94 House Referred to Committee on Education and Public
Works HJ-50
A BILL
TO AMEND SECTION 56-5-4070, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO LENGTH OF
VEHICLE COMBINATIONS, SO AS TO CHANGE THE
DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF
TRANSPORTATION; TO AMEND SECTION 56-5-4170, AS
AMENDED, RELATING TO PERMITS FOR EXCESS SIZE AND
WEIGHT, SO AS TO CHANGE THE NAME OF THE DEPARTMENT
OF REVENUE AND TAXATION TO THE DEPARTMENT OF
TRANSPORTATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-4070 of the 1976 Code, as last amended by
Section 1430, Act 181 of 1993, is further amended to read:
"Section 56-5-4070. (1) Two or three unit vehicle
combinations may be operated on the National System of Interstate and
Defense Highways, on those qualifying federal-aid highways so
designated by the United States Secretary of Transportation, and other
highways as designated by the Department of Public Safety
Transportation in accordance with Section 56-5-4075. The
Department of Transportation may require warning devices
which may be necessary to protect public safety.
When in use on the National System of Interstate and Defense
Highways and `other qualifying highways':
(a) a trailer or semitrailer may be operated in a two unit truck
tractor-trailer or truck tractor-semitrailer combination in excess of a
length of forty-eight feet but no longer than fifty-three feet, inclusive of
the load carried on it. A fifty-three foot long trailer must be equipped
with a rear underride guard and the distance between the kingpin of the
vehicle and the center of the rear axle assembly or to the center of the
tandem axle assembly if equipped with two axles must be no greater
than forty-one feet;
(b) a trailer or semitrailer, operating in a three unit combination,
may not exceed a length of twenty-eight and one-half feet, inclusive of
the load carried on it;
(c) auto and boat transporters may not have an overall length in
excess of seventy-five feet, exclusive of front and rear overhang;
however, front overhang must not exceed three feet and rear overhang
must not exceed four feet;
(d) saddle mounts and full mounts may not have an overall length
in excess of seventy-five feet.
(2) No motor vehicle, exclusive of truck tractors being used in two
or three unit combinations on the National System of Interstate and
Defense Highways, on those qualifying federal-aid highways so
designated by the United States Secretary of Transportation, and other
highways as designated by the Department of Public Safety
Transportation in accordance with Section 56-5-4075, may
exceed a length of forty feet extreme overall dimension, inclusive of
front and rear bumpers and load carried on it, and a motor vehicle, other
than a motor home, in excess of thirty-five feet may have not less than
three axles, except buses with two axles approved by the Department of
Public Safety Transportation.
(3) A combination of vehicles coupled together or especially
constructed to transport motor vehicles in a truckaway or driveaway
service may tow up to three saddle mounts. No other combination of
vehicles coupled together may consist of more than two units, except as
permitted by subsection (1) of this section.
(4) Except as permitted by subsection (1) of this section, trailers or
semitrailers used within combinations may not exceed a length of
forty-eight feet and auto transporters are excluded from trailer length
limitations. Auto transporters may be allowed an upper level overhang
not to exceed three feet on the front and four feet on the rear.
(5) Except where specifically prohibited in this article, there is no
overall length limit on combination vehicles.
(6) Appropriate safety and energy conservation devices and
compressors and fuel saving equipment on the front or loading devices
on the rear of trailers or semitrailers may not be considered when
determining their length for purposes of this section if the overall length
limitations of combinations of vehicles is not exceeded."
SECTION 2. Section 56-5-4170 of the 1976 Code, as last amended by
Section 1438, Act 181 of 1993, is further amended to read:
"Section 56-5-4170. (a) Subject to the conditions prescribed
in subsection (b), the Department of Revenue and Taxation
Transportation, in its discretion upon application in writing and
good cause being shown that it is in the public interest, may issue special
permits authorizing the applicants to operate or move vehicles or
combinations of vehicles of a size and weight of vehicle or load
exceeding the maximum specified in this article or otherwise not in
conformity with the provisions of this article upon any state highway.
The application for the permit specifically must describe the vehicle and
load to be operated or moved and the particular highways for which a
permit to operate is requested. A permit must be carried in the vehicle
or combination of vehicles to which it refers and must be open to
inspection by any police officer or authorized agent of the authority
granting the permit. No person may violate any of the terms or
conditions of the special permit. The Department of Revenue and
Taxation Transportation shall charge a fee of twenty dollars
for each permit issued, and fees collected pursuant to this provision must
be placed in the state general fund and used for defraying the cost of
issuing and administering the permits, and for other highway purposes.
(b) The Department of Revenue and Taxation
Transportation may exercise its discretion in issuing permits for
the movement of all types of vehicles which exceed the legal size and
weight limits, provided that the:
(1) load carried thereon cannot be readily disassembled;
(2) Department of Revenue and Taxation, in conjunction with
the Department of Transportation may limit or prescribe conditions
of operation of such vehicles;
(3) Department of Revenue and Taxation
Transportation may require such insurance or other
security as it deems considers necessary; and
(4) movements are made so as not to damage the highways nor
unduly interfere with highway traffic.
The following are general provisions applicable to all oversize and
overweight loads:
(1) The granting of a permit shall does not
constitute a waiver of any license requirements imposed by the State of
South Carolina.
(2) The granting of a permit does not waive any liability or
responsibility of the applicant which might accrue for any property
damage, including damage to the highways, or for personal injuries. (3) The granting of a permit does not exempt the applicant from
compliance with any ordinances, rules, and regulations of any
city or town.
(4) Before granting any a permit, the Department
of Revenue and Taxation Transportation, at its
discretion, may require the vehicle owner or operator to furnish a
certificate showing the amount of public liability and property
damage, insurance carried.
(5) All vehicles shall meet the requirements of all applicable laws
and regulations.
(6) Overwidth loads or mobile homes shall must
be moved over sections of highways selected by the Department of
Transportation.
(7) The Department of Transportation will determine the speeds
under which permitted loads are to may operate
under.
(8) The driver shall remove the towing vehicle along with the
load or mobile home from the traveled way to allow any closely
following traffic (five vehicles maximum) to pass and proceed.
Applications for overweight and oversize permits shall
must be submitted on forms provided by the Department of
Transportation to the Department of Revenue and Taxation and
shall must include all the necessary
required information required.
Each application shall must be accompanied by the
permit fee before it can be issued. The permit fee accompanying any
application that is rejected will be returned to the person or company
named within the application.
Special oversize and overweight trip permits for movement of
vehicles or combinations of vehicles with individual loads
thereon in excess of the maximum sizes and weights allowed
must receive special consideration by and have prior approval of the
Department of Transportation prior to before any part
of the move to be undertaken.
In all cases, the State reserves the right to recall or not issue permits
in accordance with the above limitations if there is an abuse of the
permit or such the permit would cause an unnecessary
amount of disruption in the normal traffic flow.
(c) Notwithstanding the exemptions from the provisions of this
article provided in Section 56-5-4020, the owner of vehicles or
combinations of vehicles used to transport and spread soil improvement
products exempted therein from load and size limitations shall
obtain an annual special permit from the Department of Revenue and
Taxation Transportation which prescribes such limitations
on the exemption as the department of Transportation may
determine necessary. The fee for such the annual
permits shall be permit is five dollars with all
such fees to be used as prescribed for other fees
collected under this section.
(d) The detailed implementation of this section shall
must not be deemed considered to have general
applicability to the public as prescribed in Chapter 23 of Title 1 and
additional procedures established by the Department of Transportation
and the Department of Revenue and Taxation for such
implementation shall be are exempt from the
requirement of General Assembly approval required by that chapter
when such the procedures are established in accordance
with the provisions of this section."
SECTION 3. This act takes effect upon approval by the Governor.
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