H 3561 Session 110 (1993-1994)
H 3561 General Bill, By Wilkins and H.H. Clyborne
A Bill to amend Title 56, Code of Laws of South Carolina, 1976, relating to
motor vehicles, by adding Chapter 2 so as to enact provisions governing the
privilege to drive or operate a motor vehicle in the State, offenses leading
to the suspension or revocation of the privilege, restoration of the
privilege, and penalties; by adding Chapter 4 so as to enact provisions
governing motor vehicle liability insurance policies, including provisions for
an "uninsured motorists fund"; by adding Chapter 6 so as to enact provisions
relating to the titling, registration, and licensure of motor vehicles and
policies of motor vehicle insurance in connection therewith and including
enactment of "The Driver License Compact"; and by adding Chapter 8 so as to
enact provisions relating to public service companies and motor vehicle
carriers; to adopt by reference certain Code provisions, including regulations
promulgated thereunder, of Virginia, provide for the office of the Code
Commissioner to convert any such Virginia citations to South Carolina Code
Sections, and provide for related matters; to repeal Articles 1, 3, and 5,
Chapter 77, Title 38, relating to automobile insurance, purposes and
definitions, the "mandate to write" and insurance coverage, and the
Reinsurance Facility and designated producers; Chapters 9 and 10 of Title 56,
relating to the "Motor Vehicle Responsibility Act" and motor vehicle
registration and financial security; and Sections 56-1-610 through 56-1-690,
relating to the Driver License Compact; and to provide that any provision of
law contrary to the provisions contained in this Act is superseded by the
provisions contained in this Act.
02/24/93 House Introduced and read first time HJ-8
02/24/93 House Referred to Committee on Labor, Commerce and
Industry HJ-9
A BILL
TO AMEND TITLE 56, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO MOTOR VEHICLES, BY ADDING CHAPTER
2 SO AS TO ENACT PROVISIONS GOVERNING THE PRIVILEGE
TO DRIVE OR OPERATE A MOTOR VEHICLE IN THE STATE,
OFFENSES LEADING TO THE SUSPENSION OR REVOCATION
OF THE PRIVILEGE, RESTORATION OF THE PRIVILEGE, AND
PENALTIES; BY ADDING CHAPTER 4 SO AS TO ENACT
PROVISIONS GOVERNING MOTOR VEHICLE LIABILITY
INSURANCE POLICIES, INCLUDING PROVISIONS FOR AN
"UNINSURED MOTORISTS FUND"; BY ADDING
CHAPTER 6 SO AS TO ENACT PROVISIONS RELATING TO THE
TITLING, REGISTRATION, AND LICENSURE OF MOTOR
VEHICLES AND POLICIES OF MOTOR VEHICLE INSURANCE IN
CONNECTION THEREWITH AND INCLUDING ENACTMENT OF
'THE DRIVER LICENSE COMPACT"; AND BY ADDING
CHAPTER 8 SO AS TO ENACT PROVISIONS RELATING TO
PUBLIC SERVICE COMPANIES AND MOTOR VEHICLE
CARRIERS; TO ADOPT BY REFERENCE CERTAIN CODE
PROVISIONS, INCLUDING REGULATIONS PROMULGATED
THEREUNDER, OF VIRGINIA, PROVIDE FOR THE OFFICE OF
THE CODE COMMISSIONER TO CONVERT ANY SUCH
VIRGINIA CITATIONS TO SOUTH CAROLINA CODE SECTIONS,
AND PROVIDE FOR RELATED MATTERS; TO REPEAL
ARTICLES 1, 3, AND 5, CHAPTER 77, TITLE 38, RELATING TO
AUTOMOBILE INSURANCE, PURPOSES AND DEFINITIONS, THE
"MANDATE TO WRITE" AND INSURANCE
COVERAGE, AND THE REINSURANCE FACILITY AND
DESIGNATED PRODUCERS; CHAPTERS 9 AND 10 OF TITLE 56,
RELATING TO THE "MOTOR VEHICLE FINANCIAL
RESPONSIBILITY ACT" AND MOTOR VEHICLE
REGISTRATION AND FINANCIAL SECURITY; AND SECTIONS
56-1-610 THROUGH 56-1-690, RELATING TO THE DRIVER
LICENSE COMPACT; AND TO PROVIDE THAT ANY PROVISION
OF LAW CONTRARY TO THE PROVISIONS CONTAINED IN THIS
ACT IS SUPERSEDED BY THE PROVISIONS CONTAINED IN
THIS ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 56 of the 1976 Code is amended by adding:
"CHAPTER 2
General Provisions
Section 56-2-10. It is unlawful for a person to drive or operate a
motor vehicle, engine, or train (i) while the person has a blood alcohol
concentration of ten-one hundredths percent or more by weight by
volume as indicated by a chemical test administered in accordance with
the law of this State, (ii) while the person is under the influence of
alcohol, (iii) while the person is under the influence of a narcotic drug
or any other self-administered intoxicant or drug of whatsoever nature,
or any combination of such drugs, to a degree which impairs his ability
to drive or operate a motor vehicle, engine, or train safely, or (iv) while
the person is under the combined influence of alcohol and a drug or
drugs to a degree which impairs his ability to drive or operate a motor
vehicle, engine, or train safely. For the purposes of this section, `motor
vehicle' includes mopeds while operated on the public highways of this
State.
Section 56-2-20. (A) Except as otherwise provided by law, the
judgement of conviction if for a first offense under Section 56-2-10 or
for a similar offense under a county, city, or town ordinance, or for a
first offense under subsection A of Section 46.2-341.24, shall of itself
operate to deprive the person so convicted of the privilege to drive or
operate a motor vehicle, engine, or train in the State for six months from
the date of the judgment.
(B) If a person is tried on a process alleging a second offense of
violating Section 56-2-10 or subsection A of Section 46.2-341.24 within
ten years of a first offense for which the person was convicted under
Section 56-2-10 or subsection A of Section 46.2-341.24 and is
convicted, the person's license to operate a motor vehicle, engine, or
train shall be revoked for three years from the date of the judgment of
conviction. The period of license suspension or revocation, in any case,
shall run consecutively with any period of suspension for failure to
permit a blood or breath sample to be taken as required by Section 18.2-268 or Section 46.2-341.26. If a person previously has been convicted
or found not innocent in the case of a juvenile of violating a similar act
in this State or any other state and thereafter is charged with a second
violation of Section 56-2-10 or subsection A of Section 46.2-341.24 and
convicted of violating the provisions of Section 56-2-10 or subsection
A of Section 46.2-341.24, the conviction or finding, for the purpose of
this section and Section 18.2-270, is a subsequent offense and must be
punished accordingly.
(C) If a person is tried on a process alleging a third or subsequent
offense of violating Section 56-2-10 or subsection A of Section 46.2-341.24 and convicted, the person is not eligible for participation in a
program pursuant to Section 56-2-30 and shall have his license revoked
as provided in subsection B of Section 56-6-130. The court trying the
case shall order the surrender of the driver's license of the person so
convicted, to be disposed of in accordance with Section 56-6-200, and
shall notify the person that his license has been revoked indefinitely.
(D) Notwithstanding any other provision of this section, the period
of license revocation or suspension does not begin to expire until the
person convicted has surrendered his license to the court or to the
Department of Highways and Public Transportation.
(E) The provisions of this section do not apply to, and shall have no
effect upon, a disqualification from operating a commercial motor
vehicle imposed under the provisions of the Commercial Driver's
License Law.
Section 56-2-30. (A) A person convicted of a violation of Section
56-2-10(i), (ii), (iii), or (iv), or an ordinance of a county, city, or town
similar to the provisions thereof, or provisions of subsection A of
Section 46.2-341.24, or a second offense thereunder, with leave of court
or upon court order, may enter into an alcohol safety action program in
the judicial circuit in which the charge is brought or in any other judicial
circuit upon terms and conditions set by the court. In no event may the
persons be permitted to enter any such program which is not certified as
meeting minimum standards and criteria established by the Commission
on the South Carolina Alcohol Safety Action Program (SCASAP)
pursuant to subsection H of this section and to Section 18.2-271.2. In
the determination of the eligibility of the person to enter such a program,
the court shall consider his prior record of participation in any other
alcohol rehabilitation program. If the person has never entered an
alcohol safety action program, in keeping with the procedures provided
for in this section, and upon motion of the accused or his counsel, the
court shall give mature consideration to the needs of the person in
determining whether he is allowed to enter the program.
(B) The court shall require the person entering the program under the
provisions of this section to pay a fee of no less than two hundred fifty
dollars but no more than three hundred dollars. A reasonable portion of
the fee, as may be determined by the Commission on SCASAP, but not
to exceed ten percent, must be forwarded quarterly to be deposited with
the State Treasurer for expenditure by the Commission on SCASAP, and
the balance must be held in a separate fund for local administration of
driver alcohol rehabilitation programs. Upon a positive finding that the
defendant is indigent, the court may reduce or waive the fee. In addition
to the costs of the proceeding, fees as may be reasonably required of
defendants referred for extended treatment under any such program may
be charged.
(C) Upon conviction of a violation of Section 56-2-10 or an
ordinance of a county, city, or town similar to the provisions thereof, or
subsection A of Section 46.2-341.24 the court shall impose the sentence
authorized by Section 18.2-270 or Section 46.2-341.28 and the license
revocation as authorized by Sections 18.2-270 and 56-2-20. Upon a
finding that a person so convicted is eligible for participation in the
program described herein, the court shall enter the conviction on the
warrant, and shall note that the person so convicted has been referred to
the program. The court may then proceed to issue an order in
accordance with subsection E of this section, if the courts finds that the
person convicted is eligible for a restricted license. If the court finds
that a person is not eligible for the program or subsequently that the
person has violated, without good cause, any of the conditions set forth
by the court in entering the program, the court shall dispose of the case
as if no program had been entered, in which event the revocation
provisions of Section 56-6-110 and subsection A of Section 56-6-130
are applicable to the conviction. The court, upon final disposition of the
case, shall send a copy of its order to the executive director of the
Department of Highways and Public Transportation. If the order
provides for the issuance of a restricted license, the executive director,
upon receipt of the order, shall issue a restricted license. Appeals from
any disposition are allowed as provided by law. The time within which
an appeal may be taken is calculated from the date of the final
disposition of the case or any motion for rehearing, whichever is later.
(D) A person who has been convicted in another state of the
violation of a law of the state substantially similar to the provisions of
Section 56-2-10 or subsection A of Section 46.2-341.24, and whose
privilege to operate a motor vehicle in this State is subject to revocation
under the provisions of Section 56-6-110 and subsection A of Section
56-6-130, may petition the circuit court of the county or city in which he
resides that he be given probation and assigned to a program as provided
in subsection A of this section and that, upon entry into the program, he
be issued an order in accordance with subsection (E) of this section. If
the court finds that the person would have qualified therefor if he had
been convicted in this State of a violation of Section 56-2-10, or
subsection A of Section 46.2-341.24, the court may grant the petition
and may issue an order in accordance with subsection E of this section
as to the period of license suspension or revocation imposed pursuant to
Section 56-6-110 or subsection A of Section 56-6-130. The order is
conditioned upon the successful completion of a program by the
petitioner. If the court subsequently finds that the person has violated
any of the conditions set forth by the court, the court shall dispose of the
case as if no program had been entered and shall notify the
commissioner who shall revoke the person's license in accordance with
the provisions of Section 56-6-110 or subsection A of Section 56-6-130.
A copy of the order granting the petition or subsequently revoking or
suspending the person's license to operate a motor vehicle must be sent
forthwith to the executive director.
No period of license suspension or revocation may be imposed
pursuant to this subsection which, when considered together with a
period of license suspension or revocation previously imposed for the
same offense in any state, results in the person's license being suspended
for a period in excess of the maximum periods specified in this
subsection.
(E) Except as otherwise provided herein, whenever a person enters
a certified program pursuant to this section, and the person's license to
operate a motor vehicle, engine, or train in the State has been suspended
or revoked, the court, in its discretion and for good cause shown, may
provide that the person be issued a restricted permit to operate a motor
vehicle for any or all of the following purposes: (i) travel to and from his
place of employment; or (ii) travel to an alcohol rehabilitation program
entered pursuant to this subsection; or (iii) travel during the hours of the
person's employment if the operation of a motor vehicle is a necessary
incident of the employment. No restricted license issued pursuant to this
subsection shall permit a person to operate a commercial motor vehicle
as defined in the Commercial Driver's License Law. The court shall
order the surrender or the person's license to operate a motor vehicle to
be disposed of in accordance with the provisions of Section 56-6-200
and shall forward to the executive director a copy of its order entered
pursuant to this subsection, which shall enumerate specifically the
restrictions imposed and contain such information regarding the person
to whom such a permit is issued as is reasonably necessary to identify
the person. The court also shall provide a copy of its order to the person
so convicted who may operate a motor vehicle on the order until receipt
from the executive director of a restricted license, provided that the
order provides for a restricted license for that time period. A copy of the
order and, after receipt, the restricted license must be carried at all times
while operating a motor vehicle. A person who operates a motor vehicle
in violation of any restrictions imposed pursuant to this section is guilty
of a violation of Section 46.2-301. The restricted license is conditioned
upon enrollment within fifteen days in, and successful completion of, a
program as described in subsection A of this section. No restricted
license may be issued during the first four months of a revocation
imposed pursuant to subsection B of Section 56-2-20 or subsection A of
Section 56-6-130 for a second offense of the type described therein
committed within ten years of a first such offense. No restricted license
may be issued during a revocation period imposed pursuant to
subsection C of Section 56-2-20 or subsection B of Section 56-6-130.
Notwithstanding the provisions of Section 56-6-330, the fee charged
pursuant to Section 56-6-330 for reinstatement of the driver's license of
a person whose privilege or license has been suspended or revoked as a
result of a violation of Section 56-2-10, subsection A of Section 46.2-341.24 , or of an ordinance of a county, city, or town, or of a federal law
or the laws of any other state similar to the provisions of Section 56-2-10
or subsection A of Section 46.2-341.24, is forty dollars. Thirty dollars
of the reinstatement fee must be retained by the department as provided
in Section 56-6-330 and ten dollars must be transferred to the
Commission on SCASAP.
(F) The court has jurisdiction over a person entering the program
under a provision of this section until the case has been disposed or by
either successful completion of the program, or revocation due to
ineligibility or violation of a condition or conditions imposed by the
court, whichever occurs first. Revocation proceedings must be
commenced by notice to show cause whey the court should not revoke
the privilege afforded by this section. The notice must be made by first-class mail to the last known address of the person, and shall direct the
person to appear before the court in response to the notice on a date
contained in the notice, which must not be less than ten days from the
date of mailing of the notice. Failure to appear in response to the notice
shall of itself be grounds for revocation of the privilege. Notice of
revocation under this subsection must be sent forthwith to the executive
director of the department.
(G) The State Treasurer, the Commission on SCASAP, or a city or
county is authorized to accept gifts or bequests of money or property,
and a grant, loan, service, payment, or property from any source
including the federal government, for the purpose of driver alcohol
education. Any gift, bequest, grant, loan, or payment must be deposited
in the separate fund provided in subsection B.
(H) The Commission on SCASAP, or a county, city, town, or cities
or any combination thereof may establish and, if established, shall
operate in accordance with the standards and criteria required by this
subsection alcohol safety action programs in connection with highway
safety. Each program shall operate under the direction of a local
independent policy board chosen in accordance with procedures
approved and promulgated by the Commission on SCASAP. Local
sitting or retired circuit court judges who regularly hear or heard cases
involving driving under the influence and are familiar with their local
alcohol safety action programs may serve on the boards. The
Commission on SCASAP shall establish minimum standards and criteria
for the implementation and operation of the programs and shall establish
procedures to certify all such programs to ensure that they meet the
minimum standards and criteria stipulated by the commission. The
commission also shall establish criteria for the administration of the
programs for public information activities, for accounting procedures,
for the auditing requirements of the programs, and for the allocation of
funds. Funds paid to the State hereunder must be utilized in the
discretion of the Commission on SCASAP to offset the costs of state
programs and local programs run in conjunction with a county, city, or
town and costs incurred by the commission. The commission shall
submit an annual report as to actions taken at the close of each calendar
year to the Governor and the General Assembly.
(I) Notwithstanding any other provisions of this section or of
Section 56-2-20, nothing in this section shall permit the court to
suspend, reduce, limit, or otherwise modify a disqualification from
operating a commercial motor vehicle imposed under the provisions of
the Commercial Driver's License Act."
SECTION 2. Title 56 of the 1976 Code is amended by adding:
"CHAPTER 4
Liability Insurance Policies
Section 56-4-10. Except as otherwise provided in this title, no
restriction, condition, or provisions in or endorsed on an insurance
policy is valid unless the condition or provision is printed in type as
large as eight point type, or is written in ink or typewritten in or on the
policy. This section does not apply to a copy of an application or parts
of an application, attached to or made part of an insurance policy.
Section 56-4-20. (A) If an individual, after proper identification,
submits a written request to an insurance institution, agent, or insurance-support organization for access to recorded personal information about
the individual that is reasonably described by the individual and
reasonably able to be located and retrieved by the insurance institution,
agent, or insurance-support organization, the insurance institution, agent,
or insurance-support organization, within thirty business days from the
date the request is received shall:
(1) inform the individual of the nature and substance of the
recorded personal information in writing, by telephone, or by other oral
communication, whichever the insurance institution, agent or insurance-support organization prefers;
(2) permit the individual to see and copy, in person, the recorded
personal information pertaining to him or to obtain a copy of the
recorded personal information by mail, whichever the individual prefers,
unless the recorded personal information is in coded form, in which case
an accurate translation in plain language must be provided in writing;
(3) disclose to the individual the identity, if recorded, of those
persons to whom the insurance institution, agent, or insurance-support
organization has disclosed the personal information within two years
before the request, and if the identity is not recorded, the names of those
insurance institutions, agents, insurance-support organizations, or other
persons to whom the information is disclosed normally; and
(4) provide the individual with a summary of the procedures by
which he may request correction, amendment, or deletion of recorded
personal information.
(B) Any personal information provided pursuant to subsection (A)
of this section shall identify the source of the information if it is an
institutional source.
(C) Medical record information supplied by a medical care
institutions or medical professional and requested under subsection (A)
of this section, together with the identity of the medical professional or
medical care institution that provided the information, must be supplied
either directly to the individual or to a medical professional designated
by the individual and licensed to provide medical care with respect to
the condition to which the information relates, whichever the insurance
institution, agent, or insurance-support organization prefers. If it elects
to disclose the information to a medical professional designated by the
individual, the insurance institution, agent, or insurance-support
organization shall notify the individual, at the time of the disclosure, that
it has provided the information to the medical professional.
(D) Except for personal information provided under Section 56-4-40,
an insurance institution, agent, or insurance-support organization may
charge a reasonable fee to cover the costs incurred in providing a copy
of recorded personal information to individuals.
(E) The obligations imposed by this section upon an insurance
institution or agent may be satisfied by another insurance institution or
agent authorized to act on its behalf. With respect to the copying and
disclosure of recorded personal information pursuant to a request under
subsection (A) of this section, an insurance institution, agent, or
insurance-support organization may make arrangements with an
insurance-support organization or a consumer reporting agency to copy
and disclose recorded personal information on its behalf.
(F) The rights granted to individuals in this section shall extend to
all natural persons to the extent information about them is collected and
maintained by an insurance institution, agent, or insurance-support
organization in connection with an insurance transaction. The rights
granted to all natural persons by this subsection shall not extend to
information about them that relates to and is collected in connection with
or in reasonable anticipation of a claim or civil or criminal proceeding
involving them.
(G) For purpose of this section, `insurance-support organization' does
not include `consumer reporting agency'.
Section 56-4-30. (A) Within thirty business days from the date of
receipt of a written request from an individual to correct, amend, or
delete any recorded personal information about the individual within its
possession, an insurance institution, agent, or insurance-support
organization shall either:
(1) correct, amend, or delete the portion of the recorded personal
information in dispute; or
(2) notify the individual of:
(a) its refusal to make the correction, amendment, or deletion;
(b) the reasons for the refusal; and
(c) the individual's right to file a statement as provided in
subsection (C).
(B) If the insurance institution, agent, or insurance-support
organization corrects, amends, or deletes recorded personal information
in accordance with item (1) of subsection (A) of this section, the
insurance institution, agent, or insurance-support organization shall
notify the individual in writing and furnish the correction, amendment,
or fact of deletion to:
(1) any person specifically designated by the individual who,
within the preceding two years, may have received the recorded personal
information;
(2) any insurance-support organization whose primary source of
personal information is insurance institutions if the insurance-support
organization has received systematically the recorded personal
information from the insurance institution within the preceding seven
yeas. The correction, amendment, or fact of deletion need not be
furnished if the insurance-support organization no longer maintains
recorded personal information about the individual; and
(3) any insurance-support organization that furnished the personal
information that has been corrected, amended, or deleted.
(C) Whenever an individual disagrees with an insurance institution's
agent's or insurance-support organization's refusal to correct, amend, or
delete recorded personal information, the individual is permitted to file
with the insurance institution, agent, or insurance-support organization:
(1) a concise statement setting forth what the individual thinks
is the correct, relevant, or fair information; and
(2) a concise statement of the reasons why the individual
disagrees with the insurance institution's, agent's, or insurance-support
organization's refusal to correct, amend, or delete recorded personal
information.
(D) If an individual files either statement as described in subsection
(C), the insurance institution, agent, or support organization shall:
(1) file the statement with the disputed personal information and
provide a means by which anyone reviewing the disputed personal
information will be made aware of the individual's statement and have
access to it; and
(2) in a subsequent disclosure by the insurance institution, agent,
or support organization of the recorded personal information that is the
subject of disagreement, clearly identify the matter or matters in dispute
and provide the individual's statement along with the recorded personal
information being disclosed; and
(3) furnish the statement to the persons and in the manner
specified in subsection (B).
(E) The rights granted to individuals in this section extend to all
natural persons to the extent information about them is collected and
maintained by an insurance institution, agent, or insurance-support
organization in connection with an insurance transaction. The rights
granted to all natural persons by this subsection do not extend to
information about them that relates to and is collected in connection with
or in reasonable anticipation of a claim or civil or criminal proceeding
involving them.
(F) For purposes of this section, `insurance-support organization'
does not include `consumer reporting agency'.
Section 56-4-40. (A) In the event of an adverse underwriting
decision, including those that involve policies referred to in subdivision
1 of subsection E of Section 38.2-2114 and in subdivision 3 of
subsection F of Section 56-4-180, the insurance institution or agent
responsible for the decision shall give a written notice in a form
approved by the commission that:
(1) either provides the applicant, policyholder, or individual
proposed for coverage with the specific reason or reasons for the adverse
underwriting decision in writing or advises the person that upon written
request he may receive the specific reason or reasons in writing; and
(2) provides the applicant, policyholder, or individual proposed
for coverage with a summary of the rights established under subsection
(B) of this section and Sections 38.2-608 and 56-4-30.
(B) Upon receipt of a written request within ninety business days
from the date of the mailing of notice or other communication of an
adverse underwriting decision to an applicant, policyholder, or
individual proposed for coverage, the insurance institution or agent shall
furnish to the person within twenty-one business days from the date of
receipt of the written request:
(1) the specific reason or reasons for the adverse underwriting
decision, in writing, if that information was not furnished initially in
writing pursuant to subsection (A)(1);
(2) the specific items of personal and privileged information that
support those reasons; however:
(a) the insurance institution or agent shall not be required to
furnish specific items of privileged information if it has a reasonable
suspicion, based upon specific information available for review by the
commission, that the applicant, policyholder, or individual proposed for
coverage has engaged in criminal activity, fraud, material
misrepresentation, or material nondisclosure; and
(b) specific items of medical-record information supplied by a
medical-care institution or medical professional must be disclosed either
directly to the individual about whom the information relates or to a
medical professional designated by the individual and licensed to
provide medical care with respect to the condition to which the
information relates, whichever the insurance institution or agent prefers;
and
(3) the names and addresses of the institutional sources that
supplied the specific items of information given pursuant to subsection
(B)(2) of this section. However, the identity of any medical professional
or medical-care institution must be disclosed either directly to the
individual or to the designated medical professional, whichever the
insurance institution or agent prefers.
(C) The obligations imposed by this section upon an insurance
institution or agent may be satisfied by another insurance institution or
agent authorized to act on its behalf. However, the insurance institution
or agent making an adverse underwriting decision shall remain
responsible for compliance with the obligations imposed by this section.
(D) When an adverse underwriting decision results solely from an
oral request or inquiry, the explanation of reasons and summary of rights
required by subsection (A) of this section may be given orally.
Section 56-4-50. No policy or contract insuring or indemnifying
against liability for injury to or the death of a person, or for injury to or
destruction of property, may be issued or delivered in this State unless
it contains in substance the following provisions or other provisions that
are at least equally favorable to the insured and to judgment creditors:
(1) that the insolvency or bankruptcy of the insured, or the
insolvency of the insured's estate, shall not relieve the insurer of any of
its obligations under the policy or contract;
(2) that if execution on a judgment against the insured or his
personal representative is returned unsatisfied in an action brought to
recover damages for injury sustained or for loss or damage incurred
during the life of the policy or contract, then an action may be
maintained against the insurer under the terms of the policy or contract
for the amount of the judgment not exceeding the amount of the
applicable limit of coverage under the policy or contract.
Section 56-4-60. (A) Upon request of an insured, each insurer
licensed in this State issuing or delivering a policy or contract of bodily
injury or property damage liability insurance covering liability arising
from the ownership, maintenance, or use of a motor vehicle shall
provide on payment of the premium, as a minimum coverage (i) to
persons occupying the insured motor vehicle; and (ii) to the named
insured and, while resident of the named insured's household, the spouse
and relatives of the named insured while in or upon, entering or
alighting from or through being struck by a motor vehicle while not
occupying a motor vehicle, the following health care and disability
benefits for each accident:
(1) all reasonable and necessary expenses for medical,
chiropractic, hospital, dental, surgical, ambulance, prosthetic and
rehabilitation services, and funeral expenses resulting from the accident
and incurred within three years after the date of the accident, up to two
thousand dollars a person; however, if the insured does not elect to
purchase the limit the insurer and insured may agree to any other limit;
and
(2) if the person is usually engaged in a remunerative occupation,
an amount equal to the loss of income incurred after the date of the
accident resulting from injuries received in the accident up to one
hundred dollars a week during the period from the first workday lost as
a result of the accident up to the date the person is able to return to his
usual occupation. However, the period may not extend beyond one year
from the date of the accident.
(B) The insured has the option of purchasing either or both of the
coverages set forth in subsection (A)(1) and (2) of this section. Either
or both of the coverages, as well as any other medical expense or loss of
income coverage under a policy of automobile liability insurance, is
payable notwithstanding the failure or refusal of the named insured or
other person entitled to the coverage to give notice to the insurer of an
accident as soon as practicable under the terms of the policy, except
where the failure or refusal prejudices the insurer in establishing the
validity of the claim.
(C) In a policy of personal automobile insurance in which the
insured has purchased coverage under subsection (A) of this section,
every insurer providing such coverage arising from the ownership,
maintenance, or use of no more than four motor vehicles is liable to pay
up to the maximum policy limit available on every motor vehicle insured
under that coverage if the health care or disability expenses and costs
mentioned in subsection (A) of this section exceed the limits of coverage
for any one motor vehicle so insured.
Section 56-4-70. (A) No original premium notice for insurance
covering liability arising out of the ownership, maintenance, or use of a
motor vehicle may be issued or delivered unless it contains on the front
of the premium notice or unless there is enclosed with the premium
notice, in boldface type, the following statement:
IMPORTANT NOTICE
IN ADDITION TO THE MINIMUM INSURANCE REQUIRED BY
LAW, YOU MAY PURCHASE ADDITIONAL INSURANCE
COVERAGE FOR THE NAMED INSURED AND FOR HIS
RELATIVES WHO ARE MEMBERS OF HIS HOUSEHOLD WHILE
OCCUPYING A MOTOR VEHICLE, OR IF STRUCK BY A MOTOR
VEHICLE WHILE NOT OCCUPYING A MOTOR VEHICLE, AND
FOR OCCUPANTS OF THE INSURED MOTOR VEHICLE. THE
FOLLOWING HEALTH CARE AND DISABILITY BENEFITS ARE
AVAILABLE FOR EACH ACCIDENT:
(a) PAYMENT OF UP TO TWO THOUSAND DOLLARS A
PERSON FOR ALL REASONABLE AND NECESSARY EXPENSES
FOR MEDICAL, CHIROPRACTIC, HOSPITAL, DENTAL,
SURGICAL, AMBULANCE, PROSTHETIC AND
REHABILITATION SERVICES, AND FUNERAL EXPENSES
RESULTING FROM THE ACCIDENT AND INCURRED WITHIN
THREE YEARS AFTER THE DATE OF THE ACCIDENT; AND
(B) AN AMOUNT EQUAL TO THE LOSS OF INCOME UP TO
ONE HUNDRED DOLLARS A WEEK IF THE INJURED PERSON IS
ENGAGED IN AN OCCUPATION FOR WHICH HE RECEIVES
COMPENSATION, FROM THE FIRST WORKDAY LOST AS A
RESULT OF THE ACCIDENT UP TO THE DATE THE PERSON IS
ABLE TO RETURN TO HIS USUAL OCCUPATION. THE
PAYMENTS ARE LIMITED TO A PERIOD EXTENDING ONE
YEAR FROM THE DATE OF THE ACCIDENT.
IF YOU DESIRE TO PURCHASE EITHER OR BOTH OF THESE
COVERAGES AT AN ADDITIONAL PREMIUM, YOU MAY DO SO
BY CONTACTING THE AGENT OR COMPANY THAT ISSUED
YOUR POLICY.
The insurer issuing the premium notice shall inform the insured by
any reasonable means of communication of the approximate premium
for the additional coverage.
(B) No new policy or original premium notice of insurance covering
liability arising out of the ownership, maintenance, or use of a motor
vehicle may be issued or delivered unless it contains the following
statement printed in boldface type, or unless the statement is attached to
the front of or is enclosed with the policy or premium notice:
IMPORTANT NOTICE
IN ADDITION TO THE INSURANCE COVERAGE REQUIRED BY
LAW TO PROTECT YOU AGAINST A LOSS CAUSED BY AN
UNINSURED MOTORIST, IF YOU HAVE PURCHASED LIABILITY
INSURANCE COVERAGE THAT IS HIGHER THAN THAT
REQUIRED BY LAW TO PROTECT YOU AGAINST LIABILITY
ARISING OUT OF THE OWNERSHIP, MAINTENANCE, OR USE
OF THE MOTOR VEHICLES COVERED BY THIS POLICY, AND
YOU HAVE NOT ALREADY PURCHASED UNINSURED
MOTORIST INSURANCE COVERAGE EQUAL TO YOUR
LIABILITY INSURANCE COVERAGE:
(1) YOUR UNINSURED AND UNDERINSURED MOTORIST
INSURANCE COVERAGE HAS INCREASED TO THE LIMITS OF
YOUR LIABILITY COVERAGE AND THIS INCREASE WILL COST
YOU AN EXTRA PREMIUM CHARGE; AND
(2) YOUR TOTAL PREMIUM CHARGE FOR YOUR MOTOR
VEHICLE INSURANCE COVERAGE WILL INCREASE IF YOU DO
NOT NOTIFY YOUR AGENT OR INSURER OF YOUR DESIRE TO
REDUCE COVERAGE WITHIN TWENTY DAYS OF THE MAILING
OF THE POLICY OR THE PREMIUM NOTICE, AS THE CASE MAY
BE;
(3) IF THIS IS A NEW POLICY AND YOU HAVE ALREADY
SIGNED A WRITTEN REJECTION OF SUCH HIGHER LIMITS IN
CONNECTION WITH IT, PARAGRAPHS (1) AND (2) OF THIS
NOTICE DO NOT APPLY.
After twenty days, the insurer is relieved of the obligation imposed by
this subsection to attach or imprint the foregoing statement to any
subsequently delivered renewal policy, extension certificate, other
written statement of coverage continuance, or to any subsequently
mailed premium notice.
Section 56-4-80. Notwithstanding any provision of a policy or
contract of bodily injury liability insurance, when the policy or contract
provides for reimbursement for a service that may be performed legally
by a person licensed in this State for the practice of chiropractic,
reimbursement under the policy may not be denied because the service
is rendered by a licensed chiropractor.
Section 56-4-90. (A) No policy or contract of bodily injury or
property damage liability insurance, covering liability arising from the
ownership, maintenance, or use of a motor vehicle, aircraft, or private
pleasure watercraft, may be issued or delivered in this State to the owner
of the vehicle, aircraft, or watercraft, or may be issued or delivered by
an insurer licensed in this State upon a motor vehicle, aircraft, or private
pleasure watercraft that is principally garaged, docked, or used in this
State, unless the policy contains a provision insuring the named insured,
and any other person using or responsible for the use of the motor
vehicle, aircraft, or private pleasure watercraft with the expressed or
implied consent of the named insured, against liability for death or
injury sustained, or loss or damage incurred within the coverage of the
policy or contract as a result of negligence in the operation or use of the
vehicle, aircraft, or watercraft by the named insured or by any such
person. Each policy or contract of liability insurance, or endorsement
to the policy or contract, insuring private passenger automobiles,
aircraft, or private pleasure watercraft principally garaged, docked, or
used in this State, that has as the named insured an individual or husband
and wife and that includes, with respect to any liability insurance
provided by the policy, contract, or endorsement for use of a nonowned
automobile, aircraft, or private pleasure watercraft, a provision requiring
permission or consent of the owner of the automobile, aircraft, or private
pleasure watercraft for the insurance to apply, shall be construed to
include permission or consent of the custodian in the provision requiring
permission or consent of the owner.
(B) For aircraft liability insurance, the policy or contract may contain
the exclusions listed in Section 56-4-350. Notwithstanding the
provisions of this section or any other provision of law, no policy or
contract shall require pilot experience greater than that prescribed by the
Federal Aviation Administration, except for pilots operating air taxis, or
pilots operating aircraft applying chemicals, seed, or fertilizer.
(C) No policy or contract of bodily injury or property damage
liability insurance relating to the ownership, maintenance, or use of a
motor vehicle may be issued or delivered in this State to the owner of a
vehicle or may be issued or delivered by an insurer licensed in this State
upon a motor vehicle principally garaged or used in this State without
an endorsement or provision insuring the named insured, and any other
person using or responsible for the use of the motor vehicle with the
expressed or implied consent of the named insured, against liability for
death or injury sustained, or loss or damage incurred within the coverage
of the policy or contract as a result of negligence in the operation or use
of the motor vehicle by the named insured or by any other person. This
provision applies notwithstanding the failure or refusal of the named
insured or other person to cooperate with the insurer under the terms of
the policy. If the failure or refusal to cooperate prejudices the insurer in
the defense of an action for damages arising from the operation or use
of the insured motor vehicle, then the endorsement or provision is void.
If an insurer has actual notice of a motion for judgment or complaint
having been served on an insured, the mere failure of the insured to turn
the motion or complaint over to the insurer may not be a defense to the
insurer, nor void the endorsement or provision, nor in any way relive the
insurer of its obligations to the insured, provided the insured otherwise
cooperates and in no way prejudices the insurer.
Where the insurer has elected to provide a defense to its insured under
such circumstances and files responsive pleadings in the name of its
insured, the insured is not subject to sanctions for failure to comply with
discovery pursuant to the South Carolina Rules of Civil Procedure
unless it can be shown that the suit papers actually reached the insured,
and that the insurer has failed after exercising due diligence to locate its
insured, and as long as the insurer provides such information in response
to discovery as it can without the assistance of the insured.
(D) Any endorsement, provision, or rider attached to or included in
any policy of insurance which purports or seeks to limit or reduce the
coverage afforded by the provisions required by this section is void.
Section 56-4-100. (A) (1) Each policy or contract of bodily injury
or property damage liability insurance which provides insurance to a
named insured in connection with the business of selling, leasing,
repairing, servicing, storing, or parking motor vehicles, against liability
arising from the ownership, maintenance, or use of a motor vehicle
incident thereto shall contain a provision that the insurance coverage
applicable to those motor vehicles are not applicable to a person other
than the named insured and his employees in the course of their
employment if there is any other valid and collectible insurance
applicable to the same loss covering the other person under a policy with
limits at least equal to the financial responsibility requirements specified
in Section 56-6-940. The provision applies to motor vehicles which are
either for the purpose of demonstrating to the other person as a
prospective purchaser, or which are loaned or leased to the other person
as a convenience during the repairing or servicing of a motor vehicle for
the other person, or leased to the other person for six months or more.
(2) If the other valid and collectible insurance has limits less than
the financial responsibility requirements specified in Section 56-6-940,
then the coverage afforded a person other than the named insured and
his employees in the course of their employment is applicable to the
extent necessary to equal the financial responsibility requirements
specified in Section 56-6-940.
(3) If there is no other valid and collectible insurance available,
the coverage under the policy afforded a person, other than the named
insured and his employees in the course of their employment, is
applicable, but the amount recoverable in such case may not exceed the
financial responsibility requirements specified in Section 56-6-940. If
there is no other valid and collectible collision or upset insurance
available and if the policy provides insurance to the named insured for
collision or upset, it shall include any other person as an additional
insured, unless in the case of a leased vehicle the other persons receives
a conspicuous written disclosure at the commencement of the lease,
warning the person that he is not an additional insured under the owner's
policy for collision or upset coverage.
(B) (1) A policy or contract of bodily injury or property damage
liability insurance relating to the ownership, maintenance, or use of a
motor vehicle excludes coverage to persons other than (i) the named
insured, or (ii) directors, stockholders, partners, agents, or employees of
the named insured, or (iii) residents of the household of either (i) or (ii),
while those persons are employed or otherwise engaged in the business
of selling, repairing, servicing, storing, or parking motor vehicles if there
is any other valid or collectible insurance applicable to the same loss
covering the persons under a policy with limits at least equal to the
financial responsibility requirements specified in Section 56-6-940.
(2) If the other valid and collectible insurance has limits less than
the financial responsibility requirements specified in Section 56-6-940,
then the coverage afforded a person other than the named insured while
that person is employed or otherwise engaged in the business of selling,
repairing, servicing, storing, or parking motor vehicles is applicable to
the extent necessary to equal the financial responsibility requirements
specified in Section 56-6-940.
(3) If there is no other valid and collectible insurance available,
the coverage afforded a person other than the named insured while that
person is employed or otherwise engaged in the business of selling,
repairing, servicing, storing, or parking motor vehicles shall apply, but
the amount recoverable shall not exceed the financial responsibility
requirements specified in Section 56-6-940.
Section 56-4-110. (A) Each insurer issuing or delivering a policy
or contract of motor vehicle insurance that includes coverage for bodily
injury or property damage liability arising from the ownership,
maintenance, or use of a motor vehicle as provided in this chapter, shall
suspend any coverage for a motor vehicle at the request of a named
insured ordered to military duty outside this State, or his personal
representative, during any period that the motor vehicle is impounded in
a motor vehicle impound lot on a military base of the United States
Armed Forces, the Reserves of the United States Armed Forces, or the
National Guard. However, an insurer may decline to suspend such
coverage (i) unless satisfactory evidence of the impoundment is
furnished to it, or (ii) if the period for which coverage suspension is
requested is less than thirty days. The suspended coverage must be
reinstated upon request of the named insured, or his personal
representative, effective not earlier than the receipt of the request by the
insurer or any of its authorized representatives.
(B) An insurer suspending coverage pursuant to this section shall
refund any unearned premium to the named insured, or his personal
representative, on a pro rata basis.
(C) The provisions of this section shall not alter or limit the insured's
obligations under Sections 56-6-1230, et seq.
Section 56-4-120. (A) Except as provided in subsection (J) of this
section, no policy or contract of bodily injury or property damage
liability insurance relating to the ownership, maintenance, or use of a
motor vehicle may be issued or delivered in this State to the owner of
the vehicle or issued or delivered by an insurer licensed in this State
upon a motor vehicle principally garaged or used in this State unless it
contains an endorsement or provisions undertaking to pay the insured all
sums that he is entitled legally to recover as damages from the owner or
operator of an uninsured motor vehicle, within limits not less than the
requirements of Section 56-6-10. Those limits shall equal but not
exceed the limits of the liability insurance provided by the policy, unless
the insured rejects the additional uninsured motorist insurance coverage
by notifying the insurer as provided in Section 56-4-70(B). Where the
insured contracts for higher limits, the endorsement or provisions for
those limits shall obligate the insurer to make payment for bodily injury
or property damage caused by the operation or use of an underinsured
motor vehicle to the extent the vehicle is underinsured, as defined in
subsection (B) of this section. The endorsement or provisions also shall
provide for at least twenty thousand dollars coverage for damage or
destruction of the property of the insured in any one accident but may
provide an exclusion of the first two hundred dollars of the loss or
damage where the loss or damage is a result of any one accident
involving an unidentifiable owner or operator of an uninsured motor
vehicle.
(B) As used in this section, `bodily injury' includes death resulting
from bodily injury.
`Insured' as used in subsections (A), (D), (G), and (H) of this section
means the named insured and, while resident of the same household, the
spouse of the named insured, and relatives of either, while in a motor
vehicle or otherwise, and any person who uses the motor vehicle to
which the policy applies, with the expressed or implied consent of the
named insured, and a guest in the motor vehicle to which the policy
applies or the personal representative or any of the above.
`Uninsured motor vehicle' means a motor vehicle for which (i) there
is no bodily injury liability insurance and property damage liability
insurance in the amounts specified by Section 56-6-10, (ii) there is such
insurance but the insurer writing the insurance denies coverage for any
reason whatsoever, including failure or refusal of the insured to
cooperate with the insurer, (iii) there is no bond or deposit of money or
securities in lieu of the insurance, or (iv) the owner of the motor vehicle
has not qualified as a self-insurer under the provisions of Section 56-6-30. A motor vehicle is considered uninsured if its owner or operator is
unknown.
A motor vehicle is `underinsured' when, and to the extent that, the
total amount of bodily injury and property damage coverage applicable
to the operation or use of the motor vehicle and available for payment
for the bodily injury or property damage, including all bonds or deposits
of money or securities made pursuant to Section 56-6-570, et seq., is less
than the total amount of uninsured motorist coverage afforded a person
injured as a result of the operation or use of the vehicle. `Available for
payment' means the amount of liability insurance coverage applicable to
the claim of the injured person for bodily injury or property damage
reduced by the payment of any other claims arising out of the same
occurrence.
If an injured person is entitled to underinsured motorist coverage
under more than one policy, the following order of priority of policies
applies and any amount available for payment must be credited against
the policies in the following order of priority:
(1) the policy covering a motor vehicle occupied by the injured
person at the time of the accident;
(2) the policy covering a motor vehicle not involved in the
accident under which the injured person is a named insured;
(3) the policy covering a motor vehicle not involved in the
accident under which the injured person is an insured other than a named
insured. Where there is more than one insurer providing coverage under
one of the payment priorities set forth, their liability must be
proportioned as to their respective underinsured motorist coverages.
Recovery under the endorsement or provisions is subject to the
conditions set forth in this section.
(C) There is a rebuttable presumption that a motor vehicle is
uninsured if the executive director of the Department of Highways and
Public Transportation certifies that, from the records of the department
it appears that:
(1) there is no bodily injury liability insurance and property
damage liability insurance in the amounts specified by Section 56-6-10
covering the owner or operator of the motor vehicle; or
(2) no bond has been given or cash or securities delivered in lieu
of the insurance; or
(3) the owner or operator of the motor vehicle has not qualified
as a self-insurer in accordance with the provisions of Section 56-6-30.
(D) If the owner or operator of a motor vehicle that causes bodily
injury or property damage to the insured is unknown, and if the damage
or injury results from an accident where there has been no contact
between that motor vehicle and the motor vehicle occupied by the
insured, or where there has been no contact with the person of the
insured if the insured was not occupying a motor vehicle, then for the
insured to recover under the endorsement required by subsection (A) of
this section,m the accident must be reported promptly to either (i) the
insurer, or (ii) a law enforcement officer having jurisdiction in the
county or city in which the accident occurred. If it is not reasonably
practicable to make the report promptly, the report must be made as soon
as reasonably practicable under the circumstances.
(E) If the owner or operator of a vehicle causing injury or damages
is unknown, an action may be instituted against the unknown defendant
as `John Doe' and service of process may be made by delivering a copy
of the motion for judgment or other pleadings to the clerk of the court
in which the action is brought. Service upon the insurer issuing the
policy must be made as prescribed by law as though the insurer were a
party defendant. The insurer has the right to file pleadings and take
other action allowable by law in the name of John Doe.
(F) If any action is instituted against the owner or operator of an
uninsured or underinsured motor vehicle by any insured intending to
rely on the uninsured or underinsured coverage provision or
endorsement of this policy under which the insured is making a claim,
then the insured shall serve a copy of the process upon this insurer in the
manner prescribed by law, as though the insurer were a party defendant.
The insurer shall then have the right to file pleadings and take other
action allowable by law in the name of the owner or operator of the
uninsured or underinsured motor vehicle or in its own name. Nothing
in this subsection shall prevent the owner or operator of the uninsured
motor vehicle from employing counsel of his own choice and taking any
action in his own interest in connection with the proceeding.
G. Any insurer paying a claim under the endorsement or provisions
required by subsection A of this section shall be subrogated to the rights
of the insured to whom the claim was paid against the person causing the
injury, death, or damage and that person's insurer, although it may deny
coverage for any reason, to the extent that payment was made. The
bringing of an action against the unknown owner or operator as John
Doe or the conclusion of such an action shall not bar the insured from
bringing an action against the owner or operator proceeded against as
John Doe, or against the owner's or operator's insurer denying coverage
for any reason, if the identity of the owner or operator who caused the
injury or damages becomes known. Any recovery against the owner or
operator, or the insurer of the owner or operator shall be paid to the
insurer of the injured party to the extent that the insurer paid the named
insured in the action brought against the owner or operator as John Doe.
However, the insurer shall pay its proportionate part of all reasonable
costs and expenses incurred in connection with the action, including
reasonable attorney's fees. Nothing in an endorsement or provisions
made under this subsection nor any other provision of law shall prevent
the joining in an action against John Doe of the owner or operator of the
motor vehicle causing the injury as a party defendant, and the joinder is
hereby specifically authorized.
H. No endorsement or provisions providing the coverage required
by subsection A of this section shall require arbitration of any claim
arising under the endorsement or provisions, nor may anything be
required of the insured except the establishment of legal liability, nor
shall the insured be restricted or prevented in any manner from
employing legal counsel or instituting legal proceedings.
I. The provisions of subsections A and B of Section 56-4-90 and the
provisions of subsection A of this section shall not apply to any policy
of insurance to the extent that it covers the liability of the employer
under any workers' compensation law, or to the extent that it covers
liability to which the Federal Tort Claims Act applies. No provision or
application of this section shall limit the liability of an insurer of motor
vehicles to an employee or other insured under this section who is
injured by an uninsured motor vehicle; provided that in the event an
employee of a self-insured employer receives a workers' compensation
award for injuries resulting from an accident with an uninsured motor
vehicle, such award shall be set off against any judgment for damages
awarded pursuant to this section for personal injuries resulting from such
accident.
J. Policies of insurance whose primary purpose is to provide coverage
in excess of other valid and collectible insurance or qualified self-insurance may include uninsured motorist coverage as provided in
subsection A of this section. Insurers issuing or providing liability
policies that are of an excess or umbrella type or which provide liability
coverage incidental to a policy and not related to a specifically insured
motor vehicle, shall not be required to offer, provide or make available
to those policies uninsured or underinsured motor vehicle coverage as
defined in subsection A of this section.
K. A liability insurance carrier providing coverage under a policy
issued or renewed on or after July 1, 1993, may pay the entire amount
of its available coverage without obtaining a release of a claim if the
claimant has underinsured insurance coverage in excess of the amount
so paid. Any liability insurer making a payment pursuant to this section
shall promptly give notice to its insured and to the insurer which
provides the underinsured coverage that it has paid the full amount of its
available coverage.
Section 56-4-130. No policy or contract of bodily injury or property
damage liability insurance relating to the ownership, maintenance, or use
of a motor vehicle, aircraft, or watercraft shall exclude coverage to an
employee of the insured in any controversy arising between employees
even though one employee shall be awarded compensation as may be
provided by law.
Section 56-4-140. A. No written notice of cancellation or refusal
to renew that is mailed by an insurer to an insured in accordance with
the provisions of a motor vehicle insurance policy shall be effective
unless.
1. a. It is sent by registered or certified mail, or
b. At the time of mailing the insurer obtains a written receipt
from the United States Postal Service showing the name and address of
the insured stated in the policy;
2. The insurer retains a duplicate copy of the notice of cancellation
or refusal to renew; and
3. At the time of mailing the insurer endorses upon the duplicate
copy of the notice a certificate showing that the duplicate is a copy of
the notice that was sent to the insured (i) by registered or certified mail,
or (ii) by regular mail for which the postal receipt was obtained.
B. If the terms of the policy require the notice of cancellation or
refusal to renew to be given to any lienholder, then the insurer shall also
retain a duplicate copy of the lienholder's notice endorsed in the manner
required by this section. If the notices sent to the insured and the
lienholder are part of the same form, the insurer may retain a single
duplicate copy upon which is endorsed the appropriate certificate for
both the insured and the lienholder. The registered, certified, or regular
mail postal receipt and the duplicate copy of the notice shall be retained
by the insurer for at least one year from the date of termination.
Section 56-4-150. No policy or contract of bodily injury or property
damage liability insurance that contains any representation by an insurer
to pay all reasonable medical expenses incurred for bodily injury caused
by accident to the insured or any relative or other person coming within
the provisions of the policy, shall be issued or delivered by any insurer
licensed in this State upon any motor vehicle then principally garaged
or principally used in this State, if the insurer retains the right of
subrogation to recover amounts paid on behalf of an injured person
under the provision of the policy from any third party.
Section 56-4-160. A. Any application for the original issuance of
a policy of insurance covering liability arising out of the ownership,
maintenance, or use of any motor vehicle as defined in Section 56-4-180
shall have the following statement printed on or attached to the first page
of the application form, in boldface type: READ YOUR POLICY. THE
POLICY OF INSURANCE FOR WHICH THIS APPLICATION IS
BEING MADE, IF ISSUED, MAY BE CANCELED WITHOUT
CAUSE AT THE OPTION OF THE INSURER AT ANY TIME IN
THE FIRST 60 DAYS DURING WHICH IT IS IN EFFECT AND AT
ANY TIME THEREAFTER FOR REASONS STATED IN THE
POLICY.
B. Any application for the original issuance of a policy of insurance
covering liability arising out of the ownership, maintenance, or use of
any motor vehicle defined in Section 56-4-180 that requires the insured
to disclose information as to any previous cancellation or refusal to
renew shall also permit the insured to offer or provide a full explanation
of the reason for the cancellation or refusal to renew.
C. The notice required by this section shall be given by the insurer
to any applicant within ten days of the application in the event the
applicant is not provided a written copy of the application and the
coverage has been bound by such insurer.
D. This section shall not apply to the renewal of any policy of
insurance.
Section 56-4-170. No policy or contract of bodily injury or property
damage liability insurance that contains any representation by an insurer
to pay all reasonable medical expenses incurred for bodily injury caused
by accident to the insured, relative, or any other person coming within
the provisions of the policy, shall be issued or delivered by any insurer
licensed in this State upon any motor vehicle then principally garaged
or principally used in this State. If the policy provides for credit against
the medical expense coverage for any other medical expense insurance
to which the injured person may be entitled. Nothing in this section
allows the injured person to collect more than his actual medical
expenses as a result of an accident from any one or any combination of
all policies providing motor vehicle medical payment coverage
applicable to the accident.
Section 56-4-180. A. The following definitions shall apply to this
section: `Cancellation' or `to cancel' means a termination of a policy
during the policy period.
`Insurer' means any insurance company, association, or exchange
licensed to transact motor vehicle insurance in this State.
`Policy of motor vehicle insurance' or `policy' means a policy or
contract for bodily injury or property damage liability insurance issued
or delivered in this State covering liability arising from the ownership,
maintenance, or use of any motor vehicle, insuring as the named insured
one individual or husband and wife who are residents of the same
household, and under which the insured vehicle designated in the policy
is either:
a. A motor vehicle of a private passenger, station wagon, or
motorcycle type that is not used commercially, rented to others, or used
as a public or livery conveyance where the terms `public or livery
conveyance' do not include car pools, or
b. Any other four-wheel motor vehicle which is not used in the
occupation, profession, or business, other than farming, of the insured,
or as a public or livery conveyance, or rented to others. The term
`policy of motor vehicle insurance' or `policy' does not include (i) any
policy issued through the South Carolina Automobile Insurance Plan,
(ii) any policy covering the operation of a garage, sales agency, repair
shop, service station, or public parking place, (iii) any policy providing
insurance only on an excess basis, or (iv) any other contract providing
insurance to the named insured even though the contract may
incidentally provide insurance on motor vehicles.
`Renewal' or `to renew' means (i) the issuance and delivery by an
insurer of a policy superseding at the end of the policy period a policy
previously issued and delivered by the same insurer, providing types and
limits of coverage at least equal to those contained in the policy being
superseded, or (ii) the issuance and delivery of a certificate or notice
extending the term of a policy beyond its policy period or term with
types and limits of coverage at least equal to those contained in the
policy. Each renewal shall conform with the requirements of the manual
rules and rating program currently filed by the insurer with the
Commission. Except as provided in subsection K of this section, any
policy with a policy period or term of less than twelve months or any
policy with no fixed expiration date shall for the purpose of this section
be considered as if written for successive policy periods or terms of six
months from the original effective date.
B. This section shall apply only to that portion of a policy of motor
vehicle insurance providing the coverage required by motor vehicle
insurance providing the coverage required by Sections 56-4-100 and 56-4-120.
C. 1. No insurer shall refuse to renew a motor vehicle insurance
policy solely because of any one or more of the following factors:
a. Age;
b. Sex;
c. Residence;
d. Race;
e. Color;
f. Creed;
g. National origin;
h. Ancestry;
i. Marital status;
j. Lawful occupation, including the military service;
k. Lack of driving experience, or number of years driving
experience;
l. Lack of supporting business or lack of the potential for
acquiring such business;
m. One or more accidents or violations that occurred more than
forty-eight months immediately preceding the upcoming anniversary
date;
n. One or more claims submitted under the uninsured motorists
coverage of the policy where the uninsured motorist is known or there
is physical evidence of contact;
o. A single claim by a single insured submitted under the
medical payments coverage or medical expense coverage due to an
accident for which the insured was neither wholly nor partially at fault;
p. One or more claims submitted under the comprehensive or
towing coverages. However, nothing in this section shall prohibit an
insurer from modifying or refusing to renew the comprehensive or
towing coverages at the time of renewal of the policy on the basis of one
or more claims submitted by an insured under those coverages, provided
that the insurer shall mail or deliver to the insured at the address shown
in the policy written notice of any such change in coverage at least forty-five days prior to the renewal; or
q. Two or fewer motor vehicle accidents within a three-year
period unless the accident was caused either wholly or partially by the
named insured, a resident of the same household, or other customary
operator.
2. Nothing in this section shall require any insurer to renew a
policy for an insured where the insured's occupation has changed so as
to materially increase the risk. Nothing contained in subdivisions C 1
n, 1 o and 1 p of this subsection shall prohibit an insurer from refusing
to renew a policy where a claim is false or fraudulent. Nothing in this
section prohibits any insurer from setting rates in accordance with
relevant actuarial data.
D. No insurer shall cancel a policy except for one or more of the
following reasons:
1. The named insured or any other operator who either resides in
the same household or customarily operates a motor vehicle insured
under the policy has had his driver's license suspended or revoked
during the policy period or, if the policy is a renewal, during its policy
period or the ninety days immediately preceding the last anniversary of
the effective date.
2. The named insured fails to pay the premium for the policy or any
installment of the premium, whether payable to the insurer or its agent
either directly or indirectly under any premium finance plan or extension
of credit.
E. No cancellation or refusal to renew by an insurer of a policy of
motor vehicle insurance shall be effective unless the insurer delivers or
mails to the named insured at the address shown in the policy a written
notice of the cancellation or refusal to renew. The notice shall:
1. Be in a type size authorized under Section 56-4-10.
2. State the effective date of the cancellation or refusal to renew.
The effective date of cancellation or refusal to renew shall be at least
forty-five days after mailing or delivering to the insured the notice of
cancellation or notice of refusal to renew. However, when the policy is
being canceled or not renewed for the reason set forth in subdivision 2
of subsection D of this section the effective date may be less than forty-five days but at least fifteen days from the date of mailing or delivery.
3. State the specific reason of the insurer for cancellation or refusal
to renew and provide for the notification required by Sections 38.2-608,
56-4-30, and subsection B of Section 56-4-40. However, those
notification requirements shall not apply when the policy is being
canceled or not renewed for the reason set forth in subdivision 2 of
subsection D of this section.
4. Inform the insured of his right to request in writing within fifteen
days of the receipt of the notice that the Commissioner review the action
of the insurer.
The notice of cancellation or refusal to renew shall contain the
following statement to inform the insured of such right:
IMPORTANT NOTICE
Within fifteen days of receiving this notice, you or your attorney may
request in writing that the Chief Insurance Commissioner review this
action to determine whether the insurer has complied with South
Carolina laws in canceling or nonrenewing your policy. If this insurer
has failed to comply with the cancellation or nonrenewal laws, the
Commissioner may require that your policy be reinstated. However, the
Commissioner is prohibited from making underwriting judgments. If
this insurer has complied with the cancellation or nonrenewal laws, the
Commissioner does not have the authority to overturn this action.
5. Inform the insured of the possible availability of other insurance
which may be obtained through his agent, through another insurer, or
through the South Carolina Automobile Insurance Plan.
6. If sent by mail, comply with the provisions of Section 56-4-140.
Nothing in this subsection prohibits any insurer or agent from including
in the notice of cancellation or refusal to renew, any additional
disclosure statements required by state or federal laws, or any additional
information relating to the availability of other insurance.
F. Nothing in this section shall apply:
1. If the insurer or its agent acting on behalf of the insurer has
manifested its willingness to renew by issuing or offering to issue a
renewal policy, certificate, or other evidence of renewal, or has
manifested its willingness to renew in writing to the insured. The
written manifestation shall include the name of a proposed insurer, the
expiration date of the policy, the type of insurance coverage, and
information regarding the estimated renewal premium. The insurer shall
retain a copy of each written manifestation for a period of at least one
year from the expiration date of any policy that is not renewed;
2. If the named insured, or his duly constituted attorney-in-fact, has
notified in writing the insurer or its agent that he wishes the policy to be
canceled or that he does not wish the policy to be renewed, or if prior to
the date of expiration he fails to accept the offer of the insurer to renew
the policy; or
3. To any motor vehicle insurance policy which has been in effect
less than sixty days when the termination notice is mailed or delivered
to the insured, unless it is a renewal policy.
G. There shall be no liability on the part of and no cause of action
of any nature shall arise against the Commissioner or his subordinates;
any insurer, its authorized representatives, its agents, or its employees;
or any person furnishing to the insurer information as to reasons for
cancellation or refusal to renew, for any statement made by any of them
in complying with this section or for providing information pertaining
to the cancellation or refusal to renew. For the purposes of this section,
no insurer shall be required to furnish a notice of cancellation or refusal
to renew to anyone other than the named insured, any person designated
by the named insured, any other person to whom such notice is required
to be given by the terms of the policy and the Commissioner.
H. Within fifteen days of receipt of the notice of cancellation or
refusal to renew, any insured or his attorney shall be entitled to request
in writing to the Commissioner that he review the action of the insurer
in canceling or refusing to renew the policy of the insured. Upon receipt
of the request, the Commissioner shall promptly begin a review to
determine whether the insurer's cancellation or refusal to renew complies
with the requirements of this section and of Section 56-4-140 if the
notice was sent by mail. The policy shall remain in full force and effect
during the pendency of the review by the Commissioner except where
the cancellation or refusal to renew is for the reason set forth in
subdivision 2 of subsection D of this section, in which case the policy
shall terminate as of the effective date stated in the notice. Where the
Commissioner finds from the review that the cancellation or refusal to
renew has not complied with the requirements of this section or of
Section 56-4-140, he shall immediately notify the insurer, the insured,
and any other person to whom such notice was required to be given by
the terms of the policy that the cancellation or refusal to renew is not
effective. Nothing in this section authorizes the Commissioner to
substitute his judgment as to underwriting for that of the insurer. Where
the Commissioner finds in favor of the insured, the Commission in its
discretion may award the insured reasonable attorneys' fees.
I. Each insurer shall maintain for at least one year, records of
cancellation and refusal to renew and copies of every notice or statement
referred to in subsection E of this section that it sends to any of its
insureds.
J. The provisions of this section shall not apply to any insurer that
limits the issuance of policies of motor vehicle liability insurance to one
class or group of persons engaged in any one particular profession, trade,
occupation, or business. Nothing in this section requires an insurer to
renew a policy of motor vehicle insurance if the insured does not
conform to the occupational or membership requirements of an insurer
who limits its writings to an occupation or membership of an
organization. No insurer is required to renew a policy if the insured
becomes a nonresident of South Carolina.
K. Notwithstanding any other provision of this section, a motor
vehicle insurance policy with a policy period or term of five months or
less may expire at its expiration date when the insurer has manifested in
writing its willingness to renew the policy for at least thirty days and has
mailed the written manifestation to the insured at least fifteen days
before the expiration date of the policy. The written manifestation shall
include the name of the proposed insurer, the expiration date of the
policy, the type of insurance coverage, and the estimated renewal
premium. The insurer shall retain a copy of the written manifestation for
at least one year from the expiration date of any policy that is not
renewed.
Section 56-4-190. Upon the verified petition of an insurer, where
the petitioning insurer proposes to replace all or substantially all of its
policies in another insurer, the commission may relieve the insurer of the
requirements of subsection E of Section 56-4-180 and of the mailing
requirements of Section 56-4-140, provided the insurer demonstrates to
the satisfaction of the commission that (i) the replacement policy is
underwritten by an affiliate insurer under common control with the
petitioning insurer; (ii) the replacement policy is substantially similar to
the existing policy with the petitioning insurer; (iii) the premium
charged for the replacement policy is no greater than that charged by the
petitioning insurer for the existing policy; and (iv) the replacement
insurer is duly licensed to transact the business of insurance in the State
of South Carolina. The replacement insurer shall retain a copy of any
offer of replacement for a period of one year from the expiration of any
existing policy that is not replaced. The commission may further
condition any such relief to protect the best interests of the policyholder.
Section 56-4-200. No insurer or agent shall refuse to issue a motor
vehicle insurance policy as defined in Section 56-4-180 solely because
of any one or more of the following factors: the age, sex, residence,
race, color, creed, national origin, ancestry, marital status, or lawful
occupation, including the military service, of the person seeking the
coverage. Nothing in this section prohibits any insurer from limiting
the issuance of motor vehicle insurance policies to those who are
residents of this State nor does this section prohibit any insurer from
limiting the issuance of motor vehicle insurance policies only to persons
engaging in or who have engaged in a particular profession or
occupation, or who are members of a particular religious sect. Nothing
in this section prohibits any insurer from setting rates in accordance with
relevant actuarial data.
Section 56-4-210. Any insurer issuing motor vehicle insurance
policies as defined in Section 56-4-180, including those policies
assigned to any insurer by the South Carolina Automobile Insurance
Plan, shall provide the named insured with a statement defining his rate
classifications. This statement shall be provided at the time of issuance
or at the time of renewal if there has been a change in the named
insured's rate classification. The statement shall not be considered a part
of the policy and shall not be deemed a warranty or representation by the
insurer to the insured.
The commission shall approve the form of the statement prior to its
use.
Section 56-4-220. No insurer or agent shall refuse to issue or fail to
renew a policy of motor vehicle liability insurance solely because of the
age of the motor vehicle to be insured, provided the motor vehicle is
licensed.
Section 56-4-230. No policy or contract of bodily injury liability
insurance which contains any representation by an insurer to pay
medical expenses incurred for bodily injuries caused by an accident to
the insured or any relative or any other person coming under the
provisions of the policy, shall be issued or delivered by any insurer
licensed in this State upon any motor vehicle then principally garaged
or principally used in this State if the policy contains any provision
reducing the amount of damages covered under the liability of uninsured
motorist coverages of the policy by the amount of payments made by the
insurer under the medical expense or other medical payments coverage
of the policy.
Section 56-4-240. A. Any schedule of rates, rate classifications,
or rating plans for motor vehicle insurance as defined in Section 56-4-180 filed with the commission shall provide for an appropriate reduction
in premium charges for those insured persons who are fifty-five years of
age and older and who qualify as provided in this subsection. Only
those insured persons who have successfully completed a motor vehicle
accident prevention course approved by the Department of Highways
and Public Transportation shall qualify for a three-year period after the
completion of the course for the reduction in rates. No reduction in
premiums shall be allowed for a self-instructed course or for any course
that does not provide actual classroom instruction for a minimum
number of hours as determined by the department.
B. The commission and the department may promulgate regulations
which will assist them in carrying out the provisions of this section.
C. All insurers writing motor vehicle insurance in South Carolina
as defined in Section 56-4-180 shall allow an appropriate reduction in
premium charges to all eligible persons subject to the provisions of this
section.
D. Upon successfully completing the approved course, the course's
sponsor shall issue to each participant a certificate approved by the
department which shall be evidence of qualification for the reduction in
premium charges.
E. Each participant shall take an approved course every three years
in order to continue to be eligible for the reduction in premium charges.
F. Nothing in this section prevents an insurer from offering
appropriately reduced rates based solely on age to an insured person
over the age of fifty-five years.
Section 56-4-250. A. As used in this section, `vanpooling' means
the type of joint arrangement as defined in subdivision (10) of Section
56-8-10 and where such motor vehicles are used to transport commuters
to and from their places of employment on a regular basis. `Motor
vehicle' as used in this section shall mean any motor vehicle designed to
transport not less than ten nor more than fifteen passengers in fixed
seats.
B. No insurer as defined in Section 56-4-180 shall cancel or refuse
to renew a policy of liability insurance coverage for motor vehicles used
in vanpooling as defined in subsection A of this section for a period of
one year following July 1, 1993, except for one or both of the following
specified reasons:
1. The named insured fails to discharge when due any payment of
the premium for the policy or any installment thereof; or
2. The driving record of the named insured or any regular driver is
such that it substantially increases the risk.
C. Notwithstanding any provision of this section, on and after July
1, 1993, no insurer who issues or renews a policy of motor vehicle
liability insurance to an insured who intends to use a vehicle for
vanpooling which was not so used at the time the policy was issued or
last renewed shall be subject to the provisions of this section unless the
insurer has received by certified mail thirty days' written notice that the
insured intends to use the vehicle for vanpooling. Section 56-4-260. The commission shall prepare a standard form whenever it believes
that any form of policy or any form of rider, endorsement, or other
supplemental agreement or provision, for use in connection with any
contract of motor vehicle insurance to be issued or delivered upon any
motor vehicle principally garaged or principally used in this State, is so
extensively used that a standard form is desirable. The commission shall
file a copy of the standard form in its office and shall provide by order
that, at least thirty days after the order, the form shall become a standard
form for use by all insurers unless objection to the proposed form is filed
with the commission within twenty days after the entry of the order. The
commission shall mail a copy of its order to all insurers licensed to
transact the class of insurance to which the form is applicable, and to all
rate service and advisory organizations representing those insurers.
Section 56-4-270. If any insurer or rate service organization affected
by an order entered pursuant to Section 56-4-260 files objections to a
proposed standard form within the time prescribed in the commission's
order, the commission shall rescind the order and shall notify all insurers
and rate service organizations affected by the order that on a day
specified in the notice, which shall be at least thirty days from the date
on which the objections are received, it will hold a public hearing on the
adoption of the proposed form, and that at the hearing the commission
may by order confirm or amend the proposed form and set a day, at least
thirty days after the entry of the order, when the approved form shall
become a standard form for use by all insurers. The commission may by
like order refuse to adopt the proposed form.
Section 56-4-280. Except as provided in Section 56-4-310, after any
standard form is adopted by the commission, no insurer shall use any
form covering substantially the same provisions contained in the
standard form unless it is in the precise language of the form filed and
adopted by the commission.
Section 56-4-290. The commission may amend the provisions of
any standard form in the manner provided in this chapter for the
adoption of a new standard form.
Section 56-4-300. Whenever the commission believes there is no
further necessity for requiring the use of any standard form adopted
under the provisions of this chapter, it may, by order entered of record,
withdraw the form, and thereafter its use shall not be required.
Section 56-4-310. For the word `company' appearing in any
standard form, there may be substituted a more accurate descriptive term
for the type of insurer. Additional provisions, other than those in the
standard form, or coverages more favorable than those in the standard
form, may be used with a standard form by any insurer with the approval
of the commission. However, the commission shall first determine that
the more favorable coverage or the additional provisions are not in
conflict or inconsistent with the standard form, the laws of this
State or any regulations adopted by the commission. The approval and
determination by the commission shall be evidenced by an order entered
of record.
Section 56-4-320. The commission may establish guidelines for
the filing of simplified and readable motor vehicle insurance policy
forms that are acceptable for issuance. Notwithstanding the provisions
of Section 56-4-260 through 56-4-310, an insurer may issue a motor
vehicle insurance policy that deviates in language, but not in substance
or coverage, from the standard policy form provided for in Sections 56-4-260 through 56-4-310, if the deviating policy form is (i) in no respect
less favorable to the insured than the standard form, and (ii) approved by
the commission prior to issuance.
Section 56-4-330. A copy of each order entered by the commission
in accordance with the provisions of this chapter shall be sent to every
insurer and rate service organization affected by the order.
Section 56-4-340. Whenever any insurer on a policy of liability
insurance discovers a breach of the terms or conditions of the insurance
contrat by the insured and the insurer intends to rely on the breach in
defense of liability for any claim within the terms of the policy, the
insurer shall notify the claimant or the claimant's counsel of record of its
intention to rely on the breach as a defense. Notification shall be given
within twenty days after discovery by the insurer or any of its agents of
the breach or of the claim, whichever is later. Whenever a nonwaiver of
rights or similar agreement is executed by the insurer and the insured,
notice of the nonwaiver of rights shall be given to the claimant or the
claimant's counsel of record within ten days after that agreement is
executed. Failure to serve the notice within ten days will result in a
waiver of the defense to the extent of the claim by operation of law.
Section 56-4-350. No insurance policy issued or delivered in this
State covering loss, expense, or liability arising out of the loss,
maintenance, or use of an aircraft shall act to exclude or deny coverage
because the aircraft is operated in violation of federal or civil regulations
or any state or local ordinance. This section does not prohibit the use of
specific exclusions or conditions in any policy that relates to any of the
following:
1. Certification of an aircraft in a stated category by the Federal
Aviation Administration;
2. Certification of a pilot in a stated category by the Federal Aviation
Administration;
3. Establishing requirements for pilot experience; or
4. Restricting the use of the aircraft to the purposes stated in the
policy.
Section 56-4-360. The Uninsured Motorists Fund, referred to in this
chapter as the Fund, shall be under the supervision and control of the
commission. Payments from the Fund shall be made on warrants of the
Comptroller General issued on vouchers signed by a person designated
by the Commission. The purpose of the Fund is to reduce the cost of
the insurance required by subsection A of Section 56-4-120.
Section 56-4-370. The commission shall distribute monies annually
from the Fund among the several insurers writing motor vehicle bodily
injury and property damage liability insurance on motor vehicles
registered in this State. Monies shall be distributed in the proportion
that each insurer's premium income for the basic uninsured motorists
limits coverage bears to the total premium income for basic uninsured
motorists limits coverage written in this State during the preceding year.
Premium income shall be gross premiums less cancellation and return
premiums for coverage required by subsection A of Section 56-4-120.
Only insurers that maintain records satisfactory to the commission shall
receive any payment from the Fund. Records shall be considered
satisfactory if they adequately disclose the loss experience for the
coverage."
SECTION 3. Title 56 of the 1976 Code is amended by adding:
"CHAPTER 6
Motor Vehicles;
Titling, Registration, and Licensure
Section 56-6-10. The following words and phrases when used in this
title shall, for the purpose of this title, have the meanings respectively
ascribed to them in this section except in those instances where the
context clearly indicates a different meaning: `Antique motor vehicle'
means every motor vehicle, as defined in this section, which was
actually manufactured or designated by the manufacturer as a model
manufactured in a calendar year not less than twenty-five years prior to
January 1 of each calendar year and is owned solely as a collector's item.
`Automobile or watercraft transporters' means any tractor truck, lowboy,
vehicle, or combination, including vehicles or combinations which
transport motor vehicles or watercraft on their power unit, designed and
used exclusively for the transportation of motor vehicles or watercraft.
`Bicycle' means a device propelled solely by human power, having
pedals, two or more wheels, and a seat height of more than twenty-five
inches from the ground when adjusted to its maximum height. A bicycle
shall be a vehicle while operated on the highway. `Business district'
means the territory contiguous to a highway where seventy-five percent
or more of the property contiguous to a highway, on either side of the
highway, for a distance of three hundred feet or more along the highway,
is occupied by land and buildings actually in use for business purposes.
`Camping trailer' means every vehicle which has collapsible sides and
contains sleeping quarters but may or may not contain bathing and
cooking facilities and is designed to be drawn by a motor vehicle.
`Cancel' or `cancellation' means that the document or privilege canceled
has been annulled or terminated because of some error, defect, or
ineligibility, but the cancellation is without prejudice and reapplication
may be made at any time after cancellation.
`Chauffeur' means every person employed for the principal purpose
of driving a motor vehicle and every person who drives a motor vehicle
while in use as a public or common carrier of persons or property.
`Commission' means the State Insurance Commission.
`Commissioner' means the executive director of the Department of
Highways and Public Transportation. `Crosswalk' means that part of
a roadway at an intersection included within the connections of the
lateral lines of the sidewalks on opposite sides of the highway measured
from the curbs or, in the absence of curbs, from the edges of the
traversable roadway; or any portion of a roadway at an intersection or
elsewhere distinctly indicated for pedestrian crossing by lines or other
markings on the surface.
`Decal' means a device to be attached to a license plate that validates
the license plate for a predetermined registration period.
`Department' means the Department of Highways and Public
Transportation.
`Driver's license' means a license, including a commercial driver's
license as defined in the Commercial Driver's License Act, issued under
the laws of the State authorizing the operation of a motor vehicle.
`Essential parts' means all integral parts and body parts, the removal,
alteration, or substitution of which will tend to conceal the identity of a
vehicle.
`Farm tractor' means every motor vehicle designed and used as a farm,
agricultural, or horticultural implement for drawing plows, mowing
machines, and other farm, agricultural, or horticultural machinery and
implements including self-propelled mowers designed and used for
mowing lawns.
`Federal safety requirements' means applicable provisions of the
National Traffic and Motor Vehicle Safety Act of 1966, as amended (15
U.S.C. Section 1381 et seq.) and all administrative regulations and
policies adopted pursuant thereto.
`Financial responsibility' means the ability to respond in damages for
liability thereafter incurred arising out of the ownership, maintenance,
use, or operation of a motor vehicle, in the amounts provided for in
Section 56-6-940.
`Foreign market vehicle' means a motor vehicle originally
manufactured outside the United States, which was not manufactured in
accordance with the National Traffic and Motor Vehicle Safety Act as
amended (15 U.S.C. Section 1381 et seq.) and the policies and
regulations adopted pursuant to that act, and for which a South Carolina
title or registration is sought.
`Foreign vehicle' means every motor vehicle, trailer, or semitrailer
which is brought into the State otherwise than in the ordinary course of
business by or through a manufacturer or dealer and which has not been
registered in the State.
`Golf Cart' means a self-propelled vehicle which is designed to
transport persons playing golf and their equipment on a golf course.
`Gross weight' means the aggregate weight of a vehicle or
combination of vehicles and the load thereon.
`Highway' means the entire width between the boundary lines of
every way or place open to the use of the public for purposes of
vehicular travel in the State, including the streets and alleys, and, for law
enforcement purposes, the entire width between the boundary lines of all
private roads or private streets which have been designated specifically
`highways' by an ordinance adopted by the governing body of the
county, city, or town in which the private roads or streets are located.
`Intersection' means (i) the area embraced within the prolongation
or connection of the lateral curblines or, if none, then the lateral
boundary lines of the roadways of two highways which join one another
at, or approximately at, right angles, or the area within which vehicles
traveling on different highways joining at any other angle may come in
conflict; or (ii) where a highway includes two roadways thirty feet or
more apart, then every crossing of each roadway of the divided highway
by an intersecting highway must be regarded as a separate intersection,
in the event such intersecting highway also includes two roadways thirty
feet or more apart, then every crossing of two roadways of the highways
must be regarded as a separate intersection; or (iii) for purposes only of
authorizing installation of traffic-control devices, every crossing of a
highway or street at grade by a pedestrian crosswalk.
`law-enforcement officer' means any officer authorized to direct or
regulate traffic or to make arrests for violations of this title or local
ordinances authorized by law.
`License plate' means a device containing letters, numerals, or a
combination of both, attached to a motor vehicle, trailer, or semitrailer
to indicate that the vehicle is properly registered with the department.
`Light' means a device for producing illumination or the illumination
produced by the device.
`Mobile home' means a structure, transportable in one or more
sections, which in the traveling mode is eight body feet or more in width
or forty body feet or more in length, or, when erected on site, is three
hundred twenty or more square feet, and which is built on a permanent
chassis and designed to be used as a dwelling with or without a
permanent foundation when connected to the required utilities, and
includes the plumbing, heating, air conditioning, and electrical systems
contained therein.
`Moped' means a bicycle-like device with pedals and a helper motor
which is rated at no more than two brake horsepower and which
produces speeds up to a maximum of thirty miles per hour. A moped
shall be a vehicle while operated on a highway.
`Motor home' means every private motor vehicle with a normal
seating capacity of not more than ten persons, including the driver,
designed primarily for use as living quarters for human beings.
`Motor vehicle' means every vehicle as defined in this section which
is self-propelled or designed for self-propulsion except as otherwise
provided in this title. Any structure designed, used, or maintained
primarily to be loaded on or affixed to a motor vehicle to provide a
mobile dwelling, sleeping place, office, or commercial space shall be
considered a part of a motor vehicle. For the purposes of this title, any
device herein defined as a bicycle or a moped shall be deemed not to be
a motor vehicle. `Motorcycle' means every motor vehicle designed to
travel on not more than three wheels in contact with the ground, except
any vehicle included within the term `farm tractor' or `moped' as defined
in this section. `Nonresident' means every person who is not domiciled
in the State, except: (i) any foreign corporation which is authorized to
do business in the State by the State Insurance Commission shall be a
resident of the State for the purpose of this title; in the case of
corporations incorporated in the State but doing business outside the
State, only such principal place of business or branches located within
the State shall be dealt with as residents of the State; (ii) a person who
becomes engaged in a gainful occupation in the State for a period
exceeding sixty days shall be a resident for the purposes of this title; (iii)
a person, other than a nonresident student as defined in this section, who
has actually resided in the State for a period of six months, whether
employed or not, or who has registered a motor vehicle, listing an
address in the State in the application for registration shall be deemed a
resident for the purposes of this title, except for the purposes of the
Commercial Driver's License Act.
`Nonresident student' means every nonresident person who is enrolled
as a full-time student in an accredited institution of learning in the State
and who is not gainfully employed.
`Operation or use for rent or for hire, for the transportation of
passengers, or as a property carrier for compensation', and `business of
transporting persons or property' mean any owner or operator of any
motor vehicle, trailer, or semitrailer operating over the highways in the
State who accepts or receives compensation for the service, directly or
indirectly; but these terms do not mean a `truck lessor' as defined in this
section.
`Operator' or `driver' means every person who either (i) drives or (ii)
is exercising control over or steering a vehicle being towed by a motor
vehicle. `Owner' means a person who holds the legal title to a vehicle
or, if a vehicle is the subject of an agreement for its conditional sale or
lease with the right of purchase on performance of the conditions stated
in the agreement and with an immediate right of possession vested in the
conditional vendee or lessee or, if a mortgagor of a vehicle is entitled to
possession, then the conditional vendee or lessee or mortgagor shall be
the owner for the purpose of this title; except that in all such instances
when the rent paid by the lessee includes charges for services of any
nature or when the lease does not provide that title shall pass to the
lessee on payment of the rent stipulated, the lessor shall be regarded as
the owner of the vehicle, and the vehicle shall be subject to such
requirements of compensation. A `truck lessor' as defined in this section
shall be regarded as the owner, and his vehicles shall be subject to such
requirements of this title as are applicable to vehicles of private carriers.
`Passenger car' means every motor vehicle other than a motorcycle
designed and used primarily for the transportation of no more than ten
persons including the driver.
`Pickup or panel truck' means every motor vehicle designed for the
transportation of property and having a registered gross weight of seven
thousand five hundred pounds or less.
`Private road or driveway' means every way in private ownership and
used for vehicular travel by the owner and those having express or
implied permission from the owner, but not by other persons.
`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 new or used essential parts.
`Residence district' means the territory contiguous to a highway, not
comprising a business district, where seventy-five percent or more of the
property contiguous to such highway, on either side of the highway, for
a distance of three hundred feet or more along the highway is occupied
by dwellings and land improved for dwelling purposes, or by dwellings,
land improved for dwelling purposes, and land or buildings in use for
business purposes. `Revoke' or `revocation' means that the document or
privilege revoked is not subject to renewal or restoration except through
reapplication after the expiration of the period of revocation.
`Roadway' means that portion of a highway improved, designed, or
ordinarily used for vehicular travel, exclusive of the shoulder. A
highway may include two or more roadways if divided by a physical
barrier or barriers or an unpaved area.
`Safety zone' means the area officially set apart within a roadway for
the exclusive use of pedestrians and which is protected or is so marked
or indicated by plainly visible signs.
`School bus' means any motor vehicle, other than a station wagon,
automobile, truck, or commercial bus, which is: (i) designed and used
primarily for the transportation of pupils to and from public, private, or
parochial schools, or used for the transportation of the mentally or
physically handicapped to and from a sheltered workshop; and (ii)
painted yellow and bears the words `School Bus' in black letters of a
specified size on front and rear; and (iii) is equipped with warning
devices as prescribed by law.
`Semitrailer' means every vehicle of the trailer type so designed and
used in conjunction with a motor vehicle that some part of its own
weight and that of its own load rests on or is carried by another vehicle.
`Shoulder' means that part of a highway between the portion regularly
travelled by vehicular traffic and the lateral curbline or ditch.
`Snowmobile' means a self-propelled vehicle designed to travel on snow
or ice, steered by skis or runners, and supported in whole or in part by
one or more skis, belts, or cleats.
`Specially constructed vehicle' means any vehicle which was not
originally constructed under a distinctive name, make, model, or type by
a generally recognized manufacturer of vehicles and not a reconstructed
vehicle as herein defined.
`Stinger-steered automobile or watercraft transporter' means an
automobile or watercraft transporter configured as a semitrailer
combination wherein the fifty wheel is located on a drop frame behind
and below the rearmost axle of the power unit.
`Superintendent' means the director of the State Highway Patrol.
`Suspend' or `suspension' means that the document or privilege
suspended has been temporarily withdrawn, but may be reinstated
following the period of suspension unless it has expired prior to the end
of the period of suspension. `Towing and recovery operator' means a
person engaged in the business of (i) removing disabled vehicles, parts
of vehicles, their cargoes, and other objects to facilities for repair or
safekeeping, and (ii) restoring to the highway or other location where
they either can be operated or removed to other locations for repair or
safekeeping vehicles which have come to rest in places where they
cannot be operated.
`Tractor truck' means every motor vehicle designed and used
primarily for drawing other vehicles and not so constructed as to carry
a load other than a part of the load and weight of the vehicle attached
thereto.
`Traffic infraction' means a violation of law punishable as provided
in Section 56-6-20, which is neither a felony nor a misdemeanor.
`Traffic lane' or `land' means that portion of a roadway designed or
designated to accommodate the forward movement of a single line of
vehicles. `Trailer' means every vehicle without motive power designed
for carrying property or passengers wholly on its own structure and for
being drawn by a motor vehicle, including mobile homes.
`Truck' means every motor vehicle designed to transport property on
its own structure independent of any other vehicle and having a
registered gross weight in excess of seven thousand five hundred
pounds.
`Truck lessor' means a person who holds the legal title to any motor
vehicle, trailer, or semitrailer which is the subject of a bona fide written
lease for a term of one year or more to another person, provided that: (i)
neither the lessor nor the lessee is a common carrier by motor vehicle or
restricted common carrier by motor vehicle or contract carrier by motor
vehicle ; (ii) the leased motor vehicle, trailer, or semitrailer is used
exclusively for the transportation of property of the lessee; (iii) the lessor
is not employed in any capacity by the lessee; (iv) the operator of the
leased motor vehicle is a bona fide employee of the lessee and is not
employed in any capacity by the lessor; and (v) a true copy of the lease,
verified by affidavit of the lessor, is filed with the commissioner.
`Vehicle' means every device in, on, or by which any person or
property is or may be transported or drawn on a highway, except devices
moved by human power or used exclusively on stationary rails or tracks.
Bicycles and mopeds shall be vehicles while operated on a highway.
`Wheel chair or wheel chair conveyance' means a chair or seat
equipped with wheels, typically used to provide mobility for persons
who, by reason of physical disability, are otherwise unable to move
about as pedestrians. The term includes both three-wheeled and four-wheeled devices. So long as it is operated only as provided in Section
46.2-677, a self-propelled wheel chair or self-propelled wheel chair
conveyance shall not be considered a motor vehicle.
Section 56-6-20. It shall be unlawful for any person to violate any of
the provisions of this title or any regulation adopted pursuant to this title.
Unless otherwise stated, these violations shall constitute traffic
infractions punishable by a fine of not more than one hundred dollars.
Section 56-6-30. A. This chapter shall not apply to any person who
has registered in his name in the State more than twenty motor vehicles,
nor to any person operating more than twenty vehicles whether as owner
or as lessee, if the person seeking exemption under this section obtains
from the commissioner a certificate of self-insurance as provided in
subsection B of this section.
B. The commissioner may, in his discretion and on the application
of such a person, issue a certificate of self-insurance when he is
reasonably satisfied (i) that the person has and will continue to have
financial ability to respond to a judgment as provided in this chapter,
obtained against the person, arising out of the ownership, maintenance,
use, or operation of his motor vehicles and (ii) that the certificate
provides for protection against the uninsured motorist to the extent
required by Section 56-4-120. However, protection against the
uninsured motorist required under this section shall not exceed the
financial requirements of Section 56-6-940 and shall be secondary
coverage to any other valid and collectible insurance providing the same
protection which is available to any person otherwise entitled to assert
a claim to such protection by virtue of this section.
C. On due notice and hearing, the commissioner may, in his
discretion and on reasonable grounds, cancel a certificate of self-insurance.
Section 56-6-40. The driver of any vehicle involved in any accident
resulting in injury to or death of any person, or some person acting for
him, shall immediately give notice of the accident to a law-enforcement
officer. A willful failure to make the report required in this section shall
constitute a misdemeanor.
Section 56-6-50. Every circuit court or the clerk thereof shall keep a
full record of every case in which:
1. A person is charged with (i) a violation of any law of the State
pertaining to the operator or operation of a motor vehicle; (ii) a violation
of any ordinance of any county, city, or town pertaining to the operator
or operation of any motor vehicle except parking regulations; (iii) any
theft of a motor vehicle or unauthorized use thereof or theft of any part
attached to it;
2. A person is charged with manslaughter or any other felony in the
commission of which a motor vehicle was used;
3. There is rendered a judgment for damages, the rendering and
nonpayment of which under the terms of this title require the
commissioner to suspend the driver's license and registration in the name
of the judgement debtor.
Section 56-6-60. For the purpose of enforcing the Commercial
Driver's License Act, in any case in which a person is charged with a
violation of any law of the State or of any ordinance of any county, city,
or town pertaining to the operator or operation of a motor vehicle, except
parking violations, and the warrant or summons indicates that the motor
vehicle so operated was a commercial motor vehicle as defined in the
Commercial Driver's License Act, or that it was a commercial motor
vehicle carrying hazardous materials as defined by the Commercial
Driver's License Act, the court hearing such case shall make a finding,
which shall be noted on the record, as to whether such vehicle was in
fact a commercial motor vehicle and, if applicable, whether such vehicle
was carrying hazardous materials.
If the offense charged is one in which operation of a commercial
motor vehicle is an element of the offense, the conviction of the offense
shall constitute the court's finding that the vehicle was a commercial
motor vehicle, but a separate finding shall be made as to whether such
vehicle was carrying hazardous materials, if applicable. If the offense
charged is one in which operation of a commercial motor vehicle is not
an element of the offense, then the court, after convicting the person
charged, shall make a separate finding as to whether the vehicle was a
commercial motor vehicle and, if applicable, whether it was carrying
hazardous materials. The separate findings required by this section shall
be noted on the conviction record, and the following procedures shall
apply to such separate findings:
1. If the person charged prepays fines and costs pursuant to the law of
this State, he shall be deemed to have admitted that such motor vehicle
was a commercial motor vehicle and, if applicable, that it carried
hazardous materials at the time of the violation, as indicated on the
warrant or summons, and such admission or admissions shall be noted
on the conviction record as the court's finding.
2. In all other cases, the State shall have the burden of proving by a
preponderance of the evidence that the vehicle was a commercial motor
vehicle and, if applicable, that it carried hazardous materials.
Section 56-6-70. A. In the event (i) a person is convicted of a
charge described in subdivision 1 or 2 of Sections 56-6-50 or 56-6-60 or
(ii) a person fails or refuses to pay any fine, costs, forfeiture, restitution,
or penalty, or any installment thereof, imposed in any traffic case, or (iii)
a person forfeits bail or collateral or other deposit to secure the
defendant's appearance on the charges, unless the conviction has been
set aside or the forfeiture vacated, or (iv) a court assigns a defendant to
a driver education program or alcohol treatment or rehabilitation
program, or both such programs, as authorized by Section 56-2-30, or
(v) compliance with the court's probation order is accepted by the court
in lieu of a conviction under Section 56-2-10 or the requirements
specified in Section 56-2-20 as provided in Section 56-2-30, or (vi) there
is rendered a judgement for damages against a person as described in
Section 56-6-50, every clerk of a circuit court shall forward an abstract
of the record to the commissioner within fifteen days, or in the case of
civil judgments, on the request of the judgment creditor or his attorney,
thirty days after the conviction, forfeiture, assignment, acceptance, or
judgment has become final without appeal or has become final by
affirmance on appeal. B. Abstract data of conviction may be
furnished to the commissioner by electronic means provided that the
content of the abstract and the certification complies with the
requirements of Section 56-6-100. In cases where the abstract data is
furnished by electronic means, the paper abstract shall not be required
to be forwarded to the commissioner. The commissioner shall develop
a method to ensure that all data is received accurately. The
commissioner, with the approval of the Governor, may destroy the
record of any conviction, forfeiture, assignment, acceptance, or
judgment, when three years has elapsed from the date thereof, except
records of conviction or forfeiture on charges of reckless driving and
speeding, which records may be destroyed when five years has elapsed
from the date thereof, and further excepting those records that alone, or
in connection with other records, will require suspension or revocation
or disqualification of a license or registration under any applicable
provisions of this title.
Section 56-6-80. Every law-enforcement officer who has arrested any
person for (i) driving while under the influence of intoxicants or drugs
in violation of Section 56-2-10 or a parallel local ordinance, or Section
46.2-341.24, (ii) the state statutory provisions against reckless driving
or a parallel local ordinance, (iii) the state statutory provisions against
failure to stop at the scene of an accident or a parallel local ordinance or
(iv) the state statutory provisions against driving without a license or
while his license has been suspended or revoked or a parallel local
ordinance or while he is disqualified in violation of the Commercial
Vehicle Driver's License Act, shall request from the department an
abstract or transcript of the person's drivers conviction record on file at
the department. The department shall furnish the abstract or transcript
to the solicitor for the circuit in which the case will be heard, to be held
available for the court in which the person is to be tried for the violation
or charge. However, the failure of the solicitor to receive the abstract or
transcript in any case does not constitute grounds for the granting of a
continuance of the case.
Section 56-6-90. If requested by the judge trying the case, solicitors
for the State and all county, city, and town attorneys whose general
duties include the prosecution of offenses which are reportable by the
courts to the department under Section 56-6-70, shall appear on behalf
of the State or the locality in any contested criminal case wherein a
resulting conviction is required to be reported to the department under
Section 56-6-70.
The failure of the solicitor or the attorney to appear, in no case, affects
the validity of a conviction.
Section 56-6-100. Abstracts required by Section 56-6-70 must be
made on forms prepared by or approved by the department and the
Highway Patrol. They shall include all information as to the parties to
the case. In the event the abstract relates to a person convicted or found
not innocent of a charge described in subdivision 1 or 2 of Section 56-6-50, it shall include the nature and date of the offense, the date of
conviction or finding of not innocent, the plea, the judgment, the penalty
or forfeiture as the case may be, and the driver's license number, if any,
the month, day, and year of birth, the sex, and the residence address or
whereabouts of the defendant. Every such abstract must be certified by
the general district court or juvenile and domestic relations district court
judge or clerk of the general district court or juvenile and domestic
relations district court or clerk of a circuit court as a true abstract of the
records of the court as it relates to the charge, judgment, and penalty.
Abstracts transmitted to the department by electronic means may be
certified by machine imprint of the name of the circuit court or family
court judge or the clerk's name of the court that furnished the record as
a true abstract of the records of the court as it relates to the charge,
judgment, and penalty.
Section 56-6-110. The commissioner shall forthwith revoke, and not
thereafter reissue for one year, except as provided in Section 56-2-20 or
Section 56-2-30, the driver's license, registration card, and license plates
of a resident or nonresident on receiving a record of his conviction or a
record of his having been found guilty in the case of a juvenile of any of
the following crimes, committed in violation of either a state law or a
valid county, city, or town ordinance paralleling and substantially
conforming to a like state law and to all changes and amendments of it:
(1) voluntary or involuntary manslaughter resulting from the driving
of a motor vehicle;
(2) violation of Section 56-2-10, Section 18.2-272, subsection A of
Section 46.2-341.24, or violation of a valid local ordinance paralleling
and substantially conforming to Section 56-2-10 or Section 18.2-272;
(3) perjury or the making of a false affidavit to the department under
this chapter or any other law of the State requiring the registration of
motor vehicles or regulating their operation on the highways;
(4) the making of a false statement to the department on any
application for a driver's license;
(5) any crime punishable as a felony under the motor vehicle laws
of the State or any other felony in the commission of which a motor
vehicle is used; or
(6) failure to stop and disclose his identity at the scene of the
accident, on the part of a driver of a motor vehicle involved in an
accident resulting in the death of or injury to another person.
Section 56-6-120. When a person is convicted, or found not
innocent in the case of a juvenile, of any theft of a motor vehicle or its
unauthorized use, or the theft of any of its parts, whether the motor
vehicle is used in the commission of a theft or not, then in addition to
any penalties provided by law, the driver's license of the person must be
suspended by the court for not less than sixty days nor more than six
months. In case of conviction the court shall order the surrender f the
license to the court where it must be disposed of in accordance with
Section 56-6-200. If the conviction is a second or subsequent offense,
the license must e suspended at least sixty days and not more than one
year, and the court shall transmit the license to the department s
provided by law. If the person has not obtained a license as required by
this chapter, or is a nonresident, the court shall direct in the judgment of
conviction that the person shall not drive a motor vehicle in the State for
a period to coincide with the judgment of the court. This section shall
not apply in the event that the theft is one in which the revocation of the
license of a person is required under the provisions of subdivision 5 of
Section 56-6-110. Section 56-6-330 shall not apply to any person whose
license is suspended under this section.
Section 56-6-130. (A) The commissioner shall forthwith revoke
and not thereafter reissue for three years the driver's license of a person
on receiving a record of the conviction of a person who is adjudged to
be a second offender in violation of the provisions of law pertaining to
driving a commercial motor vehicle under the influence of drugs or
intoxicants, or of Section 56-2-10 pertaining to driving under the
influence of drugs or intoxicants or of the provisions of law pertaining
to driving while the driver's license has been forfeited for a conviction
under Section 56-2-10, or on receiving a record of conviction as a
second offender for a violation of a federal law or a law of any other
state or a valid ordinance of a county, city, or town of the State or of any
other state similar to this State's statutory provisions pertaining to
driving a commercial motor vehicle under the influence of drugs or
intoxicants, or of Section 56-2-10 or Section 18.2-272, if the subsequent
violation adjudication as a second offender is within ten years from the
prior violation. However, if the commissioner has received a copy of a
court order as provided in subsection E of Section 56-2-30, he shall
proceed as provided in the order of the court.
(B) The commissioner shall forthwith revoke and not thereafter
reissue the driver's license of a person after receiving a record of the
conviction of a person adjudged to be a third offender within a period of
ten years in violation of the provisions of law pertaining to driving a
commercial motor vehicle under the influence of drugs or intoxicants,
or of Section 56-2-10 pertaining to driving under the influence of drugs
or intoxicants or after receiving a record of conviction as a third offender
within a period of ten years for a violation of federal law or a law of any
other state or a valid ordinance of a county, city, or town of the State or
of any other state similar to this State's statutory provisions pertaining
to driving a commercial motor vehicle under the influence of drugs or
intoxicants, or of Section 56-2-10 or Section 18.2-272. At the expiration
of ten years from the date of the revocation hereunder, the person may
petition the circuit court in the county or city in which he resides, and
for good cause shown, his license may in the discretion of the court be
restored on such conditions as the court may prescribe.
(C) A person who has had his driver's license revoked in accordance
with subsection B of this section, after the expiration of five years from
the date of the last conviction, may petition the circuit court of his
residence for restoration of his privilege to drive a motor vehicle in the
State. On such petition, and for good cause shown, the court, in its
discretion, may restore to the person the privilege to drive a motor
vehicle in the State on whatever conditions the court may prescribe,
subject to the provisions of law relating to issuance of driver's licenses,
if the court is satisfied from the evidence presented that: (i) at the time
of his previous convictions, the petitioner was addicted to or
psychologically dependent on the use of alcohol or other drugs; (ii) at
the time of the hearing on the petition, he is no longer addicted to or
psychologically dependent on the use of alcohol or other drugs; and (iii)
the defendant does not constitute a threat to the safety and welfare of
himself or others with regard to the driving of a motor vehicle.
Section 56-6-140. In addition to the penalties for reckless driving
prescribed by law, any court may suspend a license issued to a convicted
person under Article 1 through 9 (Section 46.2-300, et seq.) of this
chapter for not less than ten days nor more than six months and the court
shall require the convicted person to surrender his license so suspended
to the court where it will be disposed of in accordance with Section 56-6-200.
If a person convicted has not obtained the license required by this
chapter, or is a nonresident, the court may direct in the judgment of
conviction that he shall not, for a period of not less than ten days or
more than six months as may be prescribed in the judgment, drive a
motor vehicle in the State. The court or the clerk of court shall transmit
the license to the commissioner along with the report of the conviction
required to be sent to the department.
Section 56-6-150. When a person is convicted of reckless driving
under the laws of this State, in addition to penalties provided by law, the
driver's license of the person may be suspended by the court for not less
than sixty days nor more than six months. In case of conviction the
court shall order the surrender of the license to the court where it must
be disposed of in accordance with the provisions of Section 56-6-200.
Where the conviction is a second conviction which would require
revocation under the provisions of Section 56-6-110, the court shall
suspend the driver's license of the person and transmit it to the
department as provided by law. If the person convicted has not obtained
a license required by this chapter or is a nonresident, the court shall
direct in the judgment of conviction that the person may not drive a
motor vehicle in the State for a period of not less than sixty days nor
more than six months.
Section 56-6-160. If a person is convicted of a fourth offense as
provided in Sections 56-2-10, 46.2-301, 46.2-865, 46.2-894, 46.2-895,
or a similar ordinance of a county, city, or town in South Carolina, the
court in which the conviction is held shall revoke his driver's license for
five years.
Section 56-6-170. (A) A person, whether licensed by South
Carolina or not, who drives a motor vehicle on the highways in the State,
shall thereby, as a condition of the driving, consent to pay all lawful
fines, court costs, forfeitures, restitution, and penalties assessed against
him for violations of the motor vehicle laws of the State, or of a county,
city, or town. For the purpose of this section, the fines and costs shall
be deemed to include any fee assessed by the court under the provisions
of Section 56-2-30 for entry by a person convicted of a violation of
Section 56-2-10 into an alcohol safety action program.
(B) In addition to any penalty provided by law, when a person is
convicted of a violation of this title, or any other law of the State
pertaining to the driver or driving of a motor vehicle or of a valid local
ordinance adopted pursuant to Section 46.2-1300, and fails or refuses to
provide for immediate payment in full of a fine, costs, forfeitures,
restitution, or penalty lawfully assessed against him, or fails to make
deferred payments or installment payments as ordered by the court, the
commissioner or the court in accordance with procedures established by
the department, after receipt of a record of the failure, shall forthwith
suspend the person's privilege to drive a motor vehicle on the highways
of the State. The driver's license of the person continues suspended until
the fine, costs, forfeiture, restitution, or penalty has been paid in full. If
the person has not obtained a license as required by this chapter, or is a
nonresident, the court may direct in the judgment of conviction that the
person shall not drive a motor vehicle in this State for a period to
coincide with the nonpayment of the amounts due.
(C) Before transmitting to the commissioner a record of the person's
failure or refusal to pay a fine, costs, forfeiture, restitution, or penalty or
a failure to comply with an order issued pursuant to Section 18.2-354,
the clerk of the court that convicted the person shall send or provide the
person written notice that his license or privilege to drove a motor
vehicle in South Carolina will be suspended if the fine and costs are not
paid within ten days. A record of the person's failure or refusal must be
sent to the commissioner if the fine, costs, forfeiture, restitution, or
penalty remains unpaid at the termination of the ten-day period specified
in the notice or on the failure to make a scheduled payment.
(D) If the person pays the amounts assessed against him subsequent
to the time the license has been transmitted to the department, and his
license is not under suspension or revocation for any other lawful
reason, except pursuant to this section, then the commissioner shall
return the license to the person on presentation of the official report of
the court evidencing the payment of the fine, costs, forfeiture,
restitution, or penalty.
(E) if the court has suspended or revoked the driver's license for any
lawful reason other than this section, or the conviction is one for which
revocation or suspension is required under any provision of this title,
except for this section, then the suspension permitted under this section
is in addition to, and run consecutively with, the revocation or
suspension. The period of suspension is calculated from the date of the
assessment of the fine, costs, forfeiture, restitution, or penalty until the
date it has been paid.
Section 56-6-180. When a person is convicted of reckless driving
as provided under the laws of this State and the reckless driving was the
cause of the death of a person, then in addition to any other penalties
provided by law, the driver's license of the person may be suspended by
the court for not more than twelve months. In case of conviction the
court may order the surrender of the license to the court where it must
be disposed of in accordance with the provisions of Section 56-6-200.
If the person convicted has not obtained a license required by this
chapter or is a nonresident, the court may direct in the judgment of
conviction that the person may not drive a motor vehicle in the State for
a period not to exceed twelve months. The fact of the suspension is not
admissible as evidence in any related civil proceeding.
Section 56-6-190. When the driver of a motor vehicle is convicted
of a violation of Sections 46.2-816, 46.2-820 through 46.2-823, 46.2-825, 46.2-826, or Section 46.2-852 through 46.2-864, or of any of the
applicable speed limits prescribed in Sections 46.2-870 through 46.2-878 and the violation was committed while driving a motor vehicle,
tractor truck, trailer, or semitrailer, transporting explosives or any
inflammable gas or liquid, in addition to any penalty imposed, the court
may suspend the driver's license of the convicted person for ninety days
from the date of conviction.
Section 56-6-200. In any case in which the accused is convicted of
an offense, on the conviction of which the law requires or permits
revocation or suspension of the driver's license of the person convicted,
the court shall order the surrender of the license, which remains in the
custody of the court during the period of revocation or suspension if the
period does not exceed thirty days, or (i) if the period exceeds thirty
days, until the time allowed by law for appeal has elapsed, when it must
be forwarded to the commissioner, or (ii) until an appeal is effected and
proper bond posted, at which time it must be returned to the accused.
However, when the time of suspension or revocation coincides or
approximately coincides with the appeal time, the court may retain the
license and return it to the accused on the expiration of the suspension
or revocation.
Sections 56-6-210. The department shall revoke a driver's license
whenever the person to whom the license has been issued makes or
permits to be made an unlawful use of it or permits the use of it by a
person not entitled to it or fails or refuses to pay within the time
prescribed by law, any lawful taxes due the State.
Section 56-6-220. The commissioner, on receipt of notice that a
person has been legally adjudged to be incompetent, or that a person
discharged from an institution operated or licensed by the Department
of Mental Health or Department of Mental Retardation, in the opinion
of the authorities of the institution, is not competent because of mental
illness, mental retardation, inebriety, or drug addiction to drive a motor
vehicle with safety to persons or property, shall forthwith suspend his
license; but he shall not suspend the license if the person has been
adjudged competent by judicial order or decree.
In any case in which the person's license has been suspended before
his discharge it may not be returned to him unless the commissioner is
satisfied, after an examination, that the person is competent to drive a
motor vehicle with safety to persons and property.
The clerk of the court in which the adjudication is made shall
forthwith send a certified copy or abstract of the adjudication to the
commissioner.
Section 56-6-230. Whenever practicable, at least ten days before the
time when a patient is to be discharged from an institution operated or
licensed by the Department of Mental Health or Department of Mental
Retardation, if the mental condition of the patient is, because of mental
illness, mental retardation, inebriety, or drug addiction, in the judgment
of the director or chief medical officer of the institution such as to
prevent him from being competent to drive a motor vehicle with safety
to persons and property, the director or chief medical officer shall
forthwith report to the commissioner, in sufficient detail for accurate
identification, the date of discharge of the patient, together with a
statement concerning his ability to drive a motor vehicle.
Section 56-6-240. (A) The commissioner, after due hearing, after
giving not less than five days' written notice by registered letter to the
address given by the driver when applying for his license, may suspend
or revoke for not more than one year and not thereafter reissue during
the period of suspension or revocation the South Carolina driver's
license issued to a person whenever it is satisfactorily proved at the
hearing conducted by the commissioner or other personnel of the
department designated by him, that the licensee under charges:
(1) by reckless or unlawful operation of a motor vehicle, has
caused or contributed to an accident resulting in death or injury to any
other person or in serious property damage;
(2) is incompetent to drive a motor vehicle;
(3) suffers from mental or physical infirmities or disabilities
rendering it unsafe for him to drive a motor vehicle on the highways;
(4) is habitually a reckless or negligent driver of a motor vehicle;
or
(5) has committed a serious violation of the motor vehicle laws
of this State.
(B) The commissioner, in determining the propriety of suspending
or revoking a license as provided in this section, may take into
consideration facts and conditions antedating the issuance of the current
license.
Section 56-6-250. (A) The notice of a hearing when mailed to a
person, as provided in Section 56-6-240, shall contain:
(1) a specific statement of the alleged offense or offenses or other
grounds for suspension or revocation of the license, including the date,
time, and place when applicable;
(2) the date, time, and place of the hearing;
(3) the names and addresses of all known witnesses whose
testimony is proposed to be taken at the hearing;
(4) as to any record of conviction of any offense which is to be
offered as evidence, the date of the conviction and the court in which the
same was had.
(B) If these requirements are complied with it is sufficient regardless
of whether the licensee appeared and regardless of whether the notice
was ever received.
Section 56-6-260. The hearing must be in the county or city where
the licensee resides or in the county or city in which the licensee works
or, with the consent of the licensee in any other county or city to which
the county or city of his residence is contiguous. The hearing must be
before the commissioner or any of the personnel of the department
designated by him.
Section 56-6-270. (A) In any such hearing all relevant and material
evidence must be received, except that: (i) the rules relating to privileged
communications and privileged topics must be observed; (ii) hearsay
evidence must be received only; and (iii) secondary evidence of the
contents of a document must be received only if the original is not
readily available.
(B) All reports of inspectors and subordinates of the department and
other records and documents in the possession of the department bearing
on the case subject to the provisions of subsection (A) of this section
must be introduced at the hearing. A certified copy of any conviction
forwarded to the commissioner under the provisions of Section 56-6-70
is prima facie evidence of the conviction and may be introduced in
evidence.
(C) Subject to the provisions of subsection (A) of this section, every
party has the right to cross-examine adverse witnesses and any inspector
or subordinate of the department whose report is in evidence and to
submit rebuttal evidence.
(D) The decision must be based only on evidence received a the
hearing and matters of which a court of record could take judicial notice.
Section 56-6-280. The commissioner may appoint one or more
persons to conduct the hearings provided for in this title. The hearing
officers are authorized to administer oaths, take acknowledgments and
affidavits, take testimony and depositions, and perform other duties
which are incidental to conducting the hearings.
Section 56-6-290. A decision or order of the commissioner to be
valid must be reduced to writing and contain the explicit findings of fact
and conclusions of law upon which the decision or order of the
commissioner is based. Certified copies of the decision or order must be
delivered to any party affected by it.
Section 56-6-300. On any reasonable grounds appearing in the
records of the department, the commissioner, when he considers it
necessary for the safety of the public on the highways in the State and
after notice as provided in Section 56-6-250 and hearing as provided in
Sections 56-6-260, 56-6-270, 56-6-280, and 56-6-290, may suspend or
revoke for no more than five years, and not reissued during the period
of suspension or revocation, the driver's license of a person who is a
violator of any of the provisions of this title punishable as felonies,
misdemeanors, or traffic infractions and he may suspend or revoke for
a like period, and not reissue during the period of suspension or
revocation, any or all of his registration cards and license plates for a
motor vehicle.
Section 56-6-310. In any administrative hearing conducted by the
commissioner or his designee pursuant to this article, an abstract
showing a conviction of the violation of any of the provisions of this
title, submitted as provided by Section 56-6-70 by the court in which the
conviction was had, is prima facie evidence that the person named in the
abstract was convicted of the violation, and the burden is on any person
challenging the propriety of the conviction to show that the conviction
was improper.
Section 56-6-320. A person aggrieved by an order or act of the
commissioner requiring suspension or revocation of a license or
registration under the provisions of this chapter is entitled to judicial
review in accordance with the provisions of the Administrative
Procedures Act. No appeal shall lie in any case in which the suspension
or revocation of the license or registration was mandatory except to
determine the identity of the person concerned when the question of
identity is in dispute.
From the final decision of the circuit court, either the person who
petitioned the court for an appeal or the commissioner shall have an
appeal as of right to the court of appeals.
Section 56-6-330. The commissioner may refuse, after a hearing if
demanded to issue to a person whose license has been suspended or
revoked, any new o renewal license, or to register a motor vehicle in the
name of the person, whenever he deems or in case of a hearing finds it
necessary for the safety of the public on the highways in the State.
Before granting or restoring a license or registration to a person
whose driver's license or other privilege to drive motor vehicles has been
revoked or suspended pursuant to Sections 56-6-110, 56-6-130, and 56-6-390, the commissioner shall require proof of financial responsibility
in the future as provided by Sections 56-6-570, et seq., but no person
may be licensed who may not be licensed under the provisions of
Sections 56-6-110 through 56-6-530.
Whenever the driver's license or registration cards, license plates, or
other privilege to drive or to register motor vehicles for a resident or
nonresident person is suspended or revoked by the commissioner or by
a circuit court pursuant to the provisions of this title, or any valid local
ordinance, the order of suspension or revocation shall remain in effect
and the driver's license, registration cards, license plates, or other
privilege to drive or register motor vehicles may not be reinstated and no
new driver's license, registration cards, license plates, or other privilege
to drive or register motor vehicles may be issued or granted unless the
person, in addition to complying with all other provisions of law, pays
to the commissioner a fee of thirty dollars. When three years has
elapsed from the termination date of the order of suspension or
revocation and the person has complied with all other provisions of law,
the commissioner may relieve him of paying the reinstatement fee.
No reinstatement fee is required when the suspension or revocation
of license results from the person's suffering from mental or physical
infirmities or disabilities from natural causes not related to the use of
self-administered intoxicants or drugs. No reinstatement fee may be
collected from a person whose license is suspended by a court of
competent jurisdiction for any reason, other than a cause for mandatory
suspension as provided in this title, provided the court ordering the
suspension is not required by Section 56-6-200 to forward the license to
the department during the suspended period.
Reinstatement fees collected under the provisions of this section must
be paid by the commissioner into the state treasury and must be set aside
as a special fund to be used to meet the expenses of the department.
Section 56-6-340. Every suspension or revocation remains in effect
and the commission may not issue a new or renewal license or register
in his name a motor vehicle, until permitted under the provisions of this
chapter. When three years has elapsed from the date of the termination
of the revocation provided by Section 56-6-110 or Section 56-6-130, or
in the case of a suspension pursuant to the provisions of Section 56-6-390, when three years has elapsed from the date of satisfaction of the
judgment or judgments, the person may be relieved of giving proof of
his financial responsibility in the future, provided he is not required to
furnish or maintain proof of financial responsibility under any other
provision of this chapter. The requirement of this section for giving and
maintaining proof of financial responsibility does not apply in the case
of a person whose license has been suspended under Section 56-6-220.
Section 56-6-350. Reversal on appeal of a conviction because of
which conviction a license or registration has been suspended or revoked
pursuant to the provisions of this chapter shall entitle the holder to the
restoration of his license or registration forthwith without proof of
financial responsibility.
Section 56-6-360. Wherever it is provided in this title that the driver's
license, registration cards, or license plates of a person be suspended or
revoked for a period of time on conviction of certain offenses, or after
a hearing before the commissioner as provided by law, the period must
be counted from one hundred eighty days after the conviction becomes
final or after the order of the commissioner, as a result of the hearing,
becomes final, or must be counted from the date on which the license,
cards, or plates are surrendered to the commissioner or his agent, or to
the court or clerk thereof, regardless of whether the record of conviction
has been received by the commissioner or his agent, whichever period
shall first commence. However, the provisions of this section do not
apply in any case where the person whose license is subject to
suspension or revocation gives a false name or otherwise conceals his
identity.
Section 56-6-370. When a person is found guilty of a violation of
a traffic regulation by a United States magistrate or a judge of a district
court of the United States, which violation occurred on a federal
reservation and, for which, if the violation had occurred on the highways
in the State, a revocation or suspension of the person's driver's license
would be mandatory or discretionary with a court of the State, the
magistrate or judge is authorized to revoke or suspend the person's
driver's license, provided it is forwarded to the commissioner as is
provided by law as to courts of the State.
Section 56-6-380. Whenever it is provided in this title that a driver's
license may or must be suspended or revoked either by the commissioner
or by a court, notice of the suspension or revocation or a certified copy
of the decision or order of the commissioner may be sent by the
department by certified mail, return receipt requested, to the driver at the
last known address supplied by the driver and on file at the department.
If the certificate of the commissioner or someone designated by him for
that purpose shows that the notice or copy has been sent and received by
the driver, it is considered prima facie evidence that the notice or copy
has been sent and delivered to the driver for all purposes involving the
application of the provisions of this title. To be effective, notice by mail
must be signed for by the driver. If notice by mail is not received and
signed for by the driver, then service may be made as provided in
Section 8.01-296, which service on the driver must be made by delivery
in writing to the driver in person by a sheriff or deputy sheriff in the
county or city in which the address is located, who shall, as directed by
the commissioner, take possession of any suspended or revoked license,
registration card, or set of license plates or decals and return them to the
office of the commissioner. No such service may be made if, prior to
service, the driver has complied with the requirement which caused the
issuance of the decision or order. In any such case, return must be made
to the commissioner, and a rebuttable presumption that service as made
shall arise. At the request of the driver or his attorney, the department
shall provide a certified copy of evidence of delivery of the notice.
In lieu of making a direct payment to sheriffs as a fee for delivery of
the department's processes, the commissioner shall effect a transfer of
funds, on a monthly basis, to the Compensation Board to be used to
provide additional support to sheriffs' departments. The amount of funds
so transferred must be as provided in the general appropriations act.
Section 56-6-390. (A) Upon the application of any judgment
creditor, the commissioner shall suspend the driver's license of any
person who has failed for thirty days to satisfy any judgment in an
amount on a cause of action as hereinafter stated in this subsection,
immediately upon receiving an authenticated judgment order or abstract
thereof in an action for damages in a motor vehicle accident, if (i) the
order or abstract is received by the commissioner within ten years of the
date of judgment or (ii) the judgment has been revived. However, if
judgment is marked satisfied on the court records on or before the
commissioner's issuance of suspension, the order of suspension shall be
invalid.
(B) The commissioner shall not, however, suspend the license of an
owner or driver if the insurance carried by him was in a company which
was authorized to transact business in this State and which subsequent
to an accident involving the owner or driver and prior to settlement of
the claim therefor went into liquidation, so that the owner or driver is
thereby unable to satisfy the judgment arising out of the accident.
(C) The commissioner shall not suspend the driver's license or
driving privilege under this section or Section 56-6-400, if the
commissioner finds that an insurer authorized to do business in the State
was obligated to pay the judgment upon which suspension is based, or
that a policy of the insurer covers the person subject to the suspension,
if the insurer's obligation or the limits of the policy are in an amount
sufficient to meet the minimum amounts required by Section 56-6-940,
even though the insurer has not paid the judgment for any reason. A
finding by the commissioner that an insurer is obligated to pay a
judgment, or that a policy of an insurer covers the person, shall not be
binding upon the insurer and shall have no legal effect whatever except
for the purpose of administering this article. Whenever in any judicial
proceeding it is determined by any final judgment, decree, or order that
an insurer is not obligated to pay the judgment, the commissioner,
notwithstanding any contrary finding made by him, forthwith shall
suspend the driver's license or driving privilege, or any registration care,
license plates or decals of any person against whom the judgment was
rendered, as provided in subsection (A) of this section.
Section 56-6-400. The commissioner shall take action as required
in Section 56-6-390 on receiving proper evidence that the person has
failed for a period of thirty days to satisfy any judgment, in an amount
and on a cause of action as stated in Section 46.2-364 and Section 56-6-390, rendered by a court of competent jurisdiction of the state, any other
state of the United States, the United States, Canada, or its provinces.
Section 56-6-410. (A) Every judgment for damages in any motor
vehicle accident referred to in this chapter shall, for the purpose of this
chapter, be satisfied when:
(1) paid in full or when fifteen thousand dollars has been credited
upon any judgment or judgments rendered in excess of that amount
because of bodily injury to or death of one person as the result of any
one accident;
(2) subject to the limit of fifteen thousand dollars because of
bodily injury to or death of one person, the judgment has been paid in
full or when the sum of thirty thousand dollars has been credited upon
any judgment or judgments rendered in excess of that amount because
of bodily injury to or death of two or more persons as the result of any
one accident;
(3) the judgment has been paid in full or when five thousand
dollars has been credited upon any judgment or judgments rendered in
excess of that amount because of injury to or destruction of property of
others as a result of any one accident; or
(4) the judgment has been discharged in bankruptcy.
(B) Payments made in settlement of any claims because of bodily
injury, death or property damage arising from a motor vehicle accident
shall be credited in reduction of the amount provided in this section.
Section 56-6-420. A judgment debtor, on five days' notice to the
judgment creditor, may apply to the court in which the judgment was
obtained for the privilege of paying it in installments. The court,
without prejudice to other legal remedies which the judgment creditor
may have, may so order, fixing the amounts and times of payment of the
installments.
Section 56-6-430. The commissioner shall not suspend a license or
registration of a motor vehicle and shall restore any license or
registration suspended following nonpayment of a judgment, if the
judgment debtor obtains an order from the court in which the judgment
was rendered permitting payment of the judgment in installments and if
the judgment debtor gives proof of his financial responsibility in the
future as provided in this chapter.
Section 56-6-440. If the judgment debtor fails to pay any
installment as permitted by the order of the court, then on notice of
default, the commissioner shall forthwith suspend the driver's license,
registration cards, and license plates of the judgment debtor until the
judgment is satisfied as provided in this chapter. The judgment debtor
may apply, after due notice to the judgment creditor, to the court which
allowed installment payment of the judgment, within thirty days after the
default, for resumption of the privilege of paying the judgment in
installments, if past-due installments are first paid.
Section 56-6-450. If the judgment creditor consents in writing, in
whatever form the commissioner prescribes, that the judgment debtor be
allowed a driver's license and motor vehicle registration, the
commissioner may allow the same, notwithstanding default in the
payment of the judgment or any installment thereof, for six months from
the date of consent and thereafter until it is revoked in writing, if the
judgment debtor furnishes proof of his financial responsibility in the
future as provided in this chapter.
Section 56-6-460. On receipt of the certificate of insurance, the
insurance carrier or surety company named in the certificate of insurance
shall determine whether the policy or bond was applicable to liability,
if any, as to the named insured. Thereupon and not later than thirty days
following receipt of the certificate of insurance, the insurance company
or surety company shall cause to be filed with the commissioner a
written notice if the policy or bond was not applicable to liability, if any,
as to the named insured resulting from the accident. The commissioner
shall prescribe the manner in which the written notice shall be made.
When the insurance company or surety company notifies the
commissioner that the policy or bond named in the certificate of
insurance was not applicable to liability resulting from the accident, the
department shall determine, under Section 56-6-1260, whether
suspension of the driver's license, registration cards, and license plates
issued to the owner of the motor vehicle involved in the accident is
required. If the records of the department reasonably indicate that any
insurance carrier or surety company does not cause to be filed the notice
herein required, the commissioner shall report every such omission to
the Secretary of State.
The Secretary of State shall investigate every such report of omission.
If he finds that any insurance carrier or surety company licensed to
transact business in the state, has failed, without good reason, to cause
to be filed the notice required hereunder, the Secretary of State may
assess the carrier or company fifty dollars for each omission.
Section 56-6-470. In case a driver or owner has not driver's license
issued by the department or no motor vehicle registered in his name in
the State, he shall not be allowed a driver's license or motor vehicle
registration until he has complied with this chapter to the same extent as
would be necessary if he had held a driver's license or a motor vehicle
registration at the time of the accident in which he was involved or at the
time of the commission of the offense resulting in a conviction as is
mentioned in Sections 56-6-110 and 56-6-130.
Section 56-6-480. Cash or securities furnished in compliance with
the requirements of this chapter shall be placed by the commissioner in
the custody of the State Treasurer and shall be applicable only to the
payment of any judgment against the depositor for damages arising out
of the accident in question in an action at law in a court in the State
begun not later than one year after the date of the accident. The cash or
securities may be assigned by the depositor for the benefit of the person
or persons damaged or injured in the accident as the result of which the
cash or securities were filed or deposited without the damaged or injured
person being required to institute legal proceedings. The commissioner
shall accept the assignment if, in his opinion, the rights of any other
person or persons shall not be prejudiced thereby.
Section 56-6-490. The suspension required by the provisions of
Section 56-6-390 shall continue except as otherwise provided by
Sections 56-6-430 and 56-6-450 until the person satisfies the judgment
or judgments as prescribed in Section 56-6-410 and gives proof of his
financial responsibility in the future.
The motor vehicle involved in the accident on which the suspension
under Section 56-6-390 is based shall not be registered in the name of
any other person when the commissioner has reasonable grounds to
believe that the registration of the vehicle will have the effect of
defeating the purpose of the chapter and not other motor vehicle shall be
registered, and no driver's license or learner's permit shall be issued in
the name of the person suspended, except as prescribed in Section 56-6-590 until the suspension is terminated.
This section shall not relieve any person from giving or maintaining
proof of his financial responsibility when he is required so to do form
some reason rather than having been involved in a motor vehicle
accident.
Section 56-6-500. The State shall be responsible for the safekeeping
of all bonds, cash, and securities deposited with the State Treasurer
under the provisions of this chapter, and if the deposit or any part of the
deposit is lost, destroyed, or misappropriated the State shall make good
the loss to any person entitled thereto.
Section 56-6-510. Bonds, cash, or securities deposited with the
State treasurer pursuant to this chapter shall only be released by the State
Treasurer upon consent of the commissioner given in conformity with
this chapter.
Section 56-6-520. Whenever by the laws of the State the
commissioner may suspend or revoke: (i) the license of a resident driver,
or (ii) the registration cards and license plates of a resident owner, he
may:
(1) suspend or revoke the privilege of operating a motor vehicle in
the State by a nonresident driver, and
(2) suspend the privilege of driving a vehicle owned by a
nonresident regardless of whether the vehicle is registered in the State.
Section 56-6-530. Every provision of this chapter applies to any
person who is not a resident of the State under the same circumstances
as it would apply to a resident. No nonresident may drive any motor
vehicle in the State and no motor vehicle owned by him may be driven
in the State, unless the nonresident has complied with the requirements
of this chapter with respect to giving proof of financial responsibility in
the future.
Section 56-6-550. On conviction of a nonresident or in case any
unsatisfied judgment results in suspension of a nonresident's driving
privileges in the State and the prohibition of driving within the State of
any motor vehicle, or on suspension of a nonresident's driving privileges
in the State pursuant to any other provision of this chapter, the
commissioner shall transmit a certified copy of the record of the
conviction or the unsatisfied judgment, or any other action pursuant to
this chapter resulting in suspension of a nonresident's driving privileges
of any motor vehicle owned by such nonresident, to the motor vehicle
commissioner or officer performing the functions of a commissioner in
the state of the United States, or possession under the exclusive control
of the United States, or Canada or its provinces in which the nonresident
resides.
Section 56-6-560. The commissioner shall suspend or revoke the
license and registration certificate and plates of any resident of the State
upon receiving notice of his conviction, in a court of competent
jurisdiction of the State, any other state of the United States, the United
States, Canada, or its provinces or any territorial subdivision of such
state or country, of an offense therein which, if committed in the State,
would be ground for the suspension or revocation under this subsection
shall continue for a longer period in the State than in the jurisdiction in
which the offenses occurred, provided the person gives proof of his
financial responsibility in the future for the period provided in Section
56-6-340.
The commissioner shall take like action upon receipt of notice that a
resident of the State has failed, for a period of thirty days, to satisfy any
final judgment in amount and upon a cause of action as stated herein,
rendered against him in a court of competent jurisdiction of any other
state of the United States, the United States, Canada, or its provinces, or
any territorial subdivision of such state or country.
Section 56-6-570. Proof of financial responsibility in the amounts
required by this chapter shall be furnished for each motor vehicle
registered by the person required to furnish such proof.
Section 56-6-580. Proof of financial responsibility when required
under this chapter may be given by proof that a:
(1) policy or policies of motor vehicle liability insurance have been
obtained and are in full force;
(2) bond has been duly executed;
(3) deposit has been made of money or securities; or
(4) self-insurance certificate has been filed, all as provided in this
chapter.
Section 56-6-590. When the commissioner finds that any person
required to give proof of financial responsibility under this title is or
later becomes a driver, however designated, or a member of the
immediate family or household, in the employe or home of an owner of
a motor vehicle, the commissioner shall accept proof of financial
responsibility given by the owner in lieu of proof of financial
responsibility by such person to permit him to operate a motor vehicle
for which the owner has given proof of financial responsibility as
provided in this chapter. The commissioner shall designate the
restrictions imposed by this section on the fact of the person's driver's
license.
Section 56-6-600. If the owner of a motor vehicle is one whose
vehicles are operated under a permit or a certificate of convenience and
necessity issued by the Secretary of State, proof by the owner on behalf
of another as provided by this chapter may be made if there is filed with
the commissioner satisfactory evidence that the owner has complied
with the law with respect to his liability for damage caused by the
operation of his vehicles by providing the required insurance or other
security or has qualified as a self-insurer as described in Section 56-6-30.
Section 56-6-610. Proof of financial responsibility, when requested,
shall be made by filing with the commissioner the written certificate of
any insurance carrier authorized to do business in the State, certifying
that there is in effect a motor vehicle liability policy for the benefit of
the person required to furnish proof of financial responsibility. This
certificate shall give its effective date and the effective date of the
policy.
Section 56-6-620. A nonresident owner of a vehicle not registered
in South Carolina may give proof of financial responsibility by filing
with the commissioner a written certificate or certificates of an insurance
carrier not authorized to transact business in the State but authorized to
transact business in any other state, any territory or possession of the
United States and under its exclusive control, Canada or its provinces,
or the territorial subdivisions of such states or countries, in which any
motor vehicle described in the certificate and all replacement vehicles
of similar classification are registered or, if the nonresident does not own
a motor vehicle, then in the like jurisdiction in which the insured resides
and otherwise conforming to the provisions of this chapter. The
commissioner shall accept the same if the insurance carrier, in addition
to having complied with all other provisions of this chapter as requisite,
shall:
(1) execute a power of attorney authorizing the commissioner to
accept service on its behalf of notice or process in any action arising out
of a motor vehicle accident in the State;
(2) duly adopt a resolution, which shall be binding upon it, declaring
that its policies are to be deemed to be modified to comply with the law
of the State and the terms of this chapter relating to the terms of motor
vehicle liability policies issued herein;
(3) agree to accept as final and binding the judgment of any court of
competent jurisdiction in the State from which judgment no appeal is or
can be taken, duly rendered in any action arising out of a motor vehicle
accident;
(4) deposit with the State Treasurer cash or securities as are
mentioned in Section 56-6-750 or the surety bond of a company
authorized to do business in South Carolina equal in value to sixty
thousand dollars for each insurance policy filed as proof of financial
responsibility.
Section 56-6-630. If a nonresident required to file a certificate of
insurance under this chapter files the certificate of insurance of a
company authorized to do business in the State the provisions of Section
56-6-620 shall not apply.
Section 56-6-640. If any insurance carrier not authorized to do
business in the State which is qualified to furnish proof of financial
responsibility defaults in any of its undertakings or agreements, the
commissioner shall not thereafter accept any certificate of that carrier so
long as the default continues and shall revoke licenses previously
granted on the basis of its policies unless the default is immediately
repaired.
Section 56-6-650. This chapter does not apply to:
(1) policies of automobile insurance against liability which may now
or hereafter be required by any other law of the State and such policies
if endorsed to the requirements of this chapter shall be accepted as proof
of financial responsibility when required under this chapter; or
(2) policies insuring solely the insured named in the policy against
liability resulting from the maintenance, use, or operation by persons in
the insured's employ or in his behalf of motor vehicles not owned by the
insured.
Section 56-6-660. The bond mentioned in subitem (2) of Section
56-6-580 shall be duly executed by the person giving proof and by a
surety company duly authorized to transact business in the State or by
the person giving proof and by one or more individual sureties owning
real estate within the State and having an equity therein in at least the
amount of the bond and the real estate shall be scheduled in the bond.
But the commissioner may not accept any real estate bond unless it is
first approved by the circuit court of the jurisdiction wherein the real
estate is located.
Section 56-6-670. The commissioner shall not accept any bond
unless it is conditioned for payments in amounts and under the same
circumstances as would be required in a motor vehicle liability policy
furnished by the person giving proof.
Section 56-6-680. No bond shall be canceled unless twenty days'
before written notice of cancellation is given the commissioner, but
cancellation of the bond shall not prevent recovery thereon with respect
to any right or cause of action arising before the date of the cancellation.
Section 56-6-690. A bond with individual sureties shall constitute
a lien in favor of the State on the real estate of any individual surety.
The lien shall exist in favor of any holder of any final judgment against
the principal on account of damage to property or injury to or death of
any person or persons resulting from the ownership, maintenance, sue,
or operation of his, or any other, motor vehicle, upon the recording of
the bond in the office of the clerk of the court where deeds are admitted
to record of the city or county where the real estate is located.
Section 56-6-700. Notice of cancellation is to be signed by the
commissioner or by someone designated by him and the seal of the
department placed thereon. Notwithstanding any other provision of law,
the clerk shall record the notice in the books kept for the recording of
deeds and shall index the same in the indices thereto for grantors and
grantees, under the respective names of the individual sureties in the
column for grantors, and the State of South Carolina in the column for
grantees, for which he shall receive two dollars and fifty cents to be paid
by the principal in full payment of all services in connection with the
recordation and release of the bond. The clerk shall place on the notice
a statement showing the time of recording and the book and page of
recording and return the notice to the commissioner.
Section 56-6-710. When a bond with individual sureties filed with
the commissioner is no longer required under this chapter, the
commissioner shall, on request, cancel it as to liability for damage to
property or injury to or death of any person or persons thereafter caused
and when a bond has been canceled by the commissioner or otherwise
he shall, on request, furnish a certificate of the cancellation signed by
him or by someone designated by him and bearing the seal of the
department. The certificate, notwithstanding any other provision of law,
may be recorded in the office of the clerk of court in which the bond was
admitted to record.
Section 56-6-720. On satisfactory proof that the bond filed with the
commissioner as provided for in this chapter has been canceled and that
there are no claims or judgments against the principal in the bond on
account of damage to property or injury to or death of any person or
persons resulting from the ownership, maintenance, use, or operation of
a motor vehicle of the principal caused while the bond was in effect, the
court in which the bond was admitted to record may enter an order
discharging the lien of the bond on the real estate of the sureties thereon,
upon their petition and at their proper cost.
Section 56-6-730. If a final judgment rendered against the principal
on the bond filed with the commissioner as provided in this chapter is
not satisfied within fifteen days after its rendition, the judgment creditor
may, for his own use and benefit and at his sole expense, bring an action
ont he bond in the name of the State against the company or persons
executing the bond.
Section 56-6-740. When the sureties on the bond filed with the
commissioner as provided in this chapter are individuals the judgment
creditor may proceed against any or all parties to the bond at law for a
judgment or in equity for a decree and foreclosure of the lien on the real
estate of the sureties. The proceeding whether at law or in equity may
be against one, all, or any intermediate number of the parties to the bond
and when less than all are joined other or others may be impleaded in the
same proceeding and after final judgment or decree other proceedings
may be instituted until full satisfaction is obtained.
Section 56-6-750. A person may give proof of financial
responsibility by delivering to the commissioner cash or securities equal
to the sum of the liability coverage required for bodily injury or death of
two or more persons in any one accident and injury to or destruction of
property of others in any one accident as prescribed by Section 56-6-940. Securities so deposited shall be such as public bodies may invest
in according to the laws of this State.
Section 56-6-760. All monies or securities delivered to the
commissioner pursuant to this chapter shall be placed by him in the
custody of the State Treasurer and shall be subject to executive to satisfy
any judgment within the limits on amounts required by this chapter for
motor vehicle liability insurance policies. The State Treasurer shall
certify the value of such moneys or securities to the commissioner as
soon as practicable after their deliver to him.
Section 56-6-770. For the purpose of defraying the expense of the
safekeeping and handling of the cash or securities deposited with him
under the provisions of this title, in December of each year the State
Treasurer shall levy against each person having cash or securities
deposited with him an assessment of not more than one-tenth of one
percent of the cash or of the par value of the securities deposited to his
account, and shall collect the assessment in January of each year. These
funds shall be deposited to the general fund of the State Treasury. If any
assessment is not paid by January 31 of each year, the State Treasurer
shall so notify the commissioner in writing, attaching thereto a dated
copy of the original assessment.
Section 56-6-780. Whenever the monies or securities are subjected
to attachment, garnishment, execution, or other legal process or are
otherwise depleted or threatened with depletion or impairment in amount
or value the depositor must immediately furnish additional monies or
securities, free from lien, claim, or threat of impairment, in sufficient
amount or value fully to comply with the requirements of this chapter.
The State Treasurer shall notify the commissioner promptly of any
depletion, impairment, or decrease or of any legal threat of depletion,
impairment, or decrease in the value of the securities or in the monies on
deposit with him under the provisions of this chapter.
Section 56-6-790. The commissioner may cancel any bond or return
any certificate of insurance and on the substitution and acceptance by
him of other adequate proof of financial responsibility pursuant to this
chapter, and on his direction to such effect the State Treasurer shall
return any money or securities on deposit with him to the person entitled
to it.
Section 56-6-800. The commissioner and the State Treasurer, or
either, may proceed in equity by bill of interpleader for the
determination of any dispute as to ownership of or rights in any deposit
held by the State Treasurer pursuant to this chapter and may have
recourse to any other appropriate proceeding for determination of any
question that arises as to their rights or liabilities or as to the rights or
liabilities of the State under this chapter.
Section 56-6-810. Whenever any proof of financial responsibility
filed by any person under this chapter no longer fulfills the purpose for
which required, the commissioner shall require other proof of financial
responsibility as required by this chapter and shall suspend the person's
driver's license, registration cards and license plates pending the
furnishing of proof as required.
Nonpayment of the assessment provided for in Section 56-6-770 shall
also be reason for suspension of the driver's license, registration cards,
and license plates of a person offering cash or securities as proof of
financial responsibility under this chapter. The suspension shall be
promptly initiated by the commissioner on receipt of written notice of
nonpayment of the assessment from the State Treasurer and shall take
effect ten days from the date of a written notice sent by the
commissioner to the person by first-class mail, the notice to notify the
person of the forthcoming suspension if payment is not received within
the ten-day period.
Section 56-6-820. The commissioner, on request and subject to the
provisions of Section 56-6-830, shall consent to the cancellation of any
bond or insurance policy or to the return to the person entitled thereto of
any money or securities deposited pursuant to this chapter as proof of
financial responsibility or he shall not require proof of financial
responsibility in the event:
(1) of the death of the person on whose behalf the proof was filed;
(2) of his permanent incapacity to operate a motor vehicle;
(3) that the person who has given proof of financial responsibility
surrenders his driver's license and all of his registration cards and license
plates to the commissioner.
Section 56-6-830. (A) Notwithstanding the provisions of Section
56-6-820, the commissioner shall not release the proof in the event:
(1) any action for damages upon a liability included in this
chapter is then pending;
(2) any judgment on any liability is then outstanding and
unsatisfied; or
(3) the commissioner has received notice that the person involved
has within the period of twelve months immediately preceding been
involved as a driver in any motor vehicle accident.
(B) An affidavit of the applicant of the nonexistence of these facts
shall be sufficient evidence thereof in the absence of evidence in the
records of the department tending to indicate the contrary.
Section 56-6-840. Whenever any person to whom proof has been
surrendered as provided in Section 56-6-820 applies for a driver's license
or the registration of a motor vehicle, the application shall be refused
unless the applicant reestablishes proof as required by this chapter.
Section 56-6-850. Any person who forges or without authority signs
any evidence of ability to respond in damages or knowingly attempts to
employ or use any evidence of ability to respond in damages, as required
by the commissioner in the administration of this chapter, shall be guilty
of a misdemeanor.
Section 56-6-860. Every person who has been unable to obtain a
motor vehicle liability policy shall have the right to apply to the Chief
Insurance Commissioner to have his risk assigned to an insurance carrier
licensed to write and writing motor vehicle liability insurance in the
State and the insurance carrier, whether a stock or mutual company,
reciprocal, or interinsurance exchange, or other type or form of
insurance organization, as provided in this chapter shall issue a motor
vehicle liability policy which will meet at least the minimum
requirements for establishing financial responsibility as provided in this
chapter, and in addition shall provide, at the option of the insured,
reasonable motor vehicle physical damage and medical payments
coverages, (both as defined in Chapter 77, Title 38) in the same policy.
Every person who has otherwise obtained a motor vehicle liability
insurance policy, or who has been afforded motor vehicle liability
insurance under the laws of this State, but who was not afforded motor
vehicle medical payments insurance or motor vehicle physical damage
insurance in the same policy, or who was not afforded such coverages
under the provisions of that section, shall have the right to apply to the
commissioner to have his risk assigned to an insurance carrier, as
provided above, licensed to write and writing either or both coverages,
and the insurance carrier shall issue a policy providing the coverage or
coverages applied for.
Section 56-6-870. Once an assigned risk policy has been issued to
an insured, every insurer licensed in the State issuing or delivering any
policy or contract of bodily injury liability insurance, or of property
damage liability insurance, coverage liability arising from the
ownership, maintenance, or use of any motor vehicle shall provide on
request of the insured, on payment of premium established by law for
the coverage (i) to the named insured and, while resident of the named
insured's household, the spouse and relatives of the named insured while
occupying a motor vehicle or if struck by a motor vehicle while not
occupying a motor vehicle; and (ii) to persons occupying the insured
motor vehicle, the following health care and disability benefit for each
accident:
(1) medical and chiropractic payments coverages incurred within
two years after the date of the accident, up to two thousand dollars per
person;
(2) if the person is usually engaged in a remunerative occupation, an
amount equal to the loss of income incurred within one year after the
date of the accident resulting from injuries received in the accident up
to one hundred dollars per week during the period from the first work
day lost as a result of the accident up to the date on which the person is
able to return to his usual occupation and for a period not to exceed
fifty-two weeks or any part thereof; and
(3) the insured has the option of purchasing either or both of the
coverages set forth in subitems 1 and 2 of this section.
Section 56-6-880. The commissioner may make reasonable
regulations for the assignment of risks to insurance carriers.
It shall establish rate classifications, rating schedules, rates, and
regulations to be used by insurance carriers issuing assigned risk,
policies of motor vehicle liability, physical damage, and medical
payments insurance in accordance with this chapter as appear to it to be
proper.
In the establishment of rate classifications, rating schedules, rates, and
regulations, it shall be guided by the principles and practices which have
been established under its statutory authority to regulate motor vehicle
liability, physical damage, and medical payments insurance rates and it
may act in conformity with its statutory discretionary authority in such
matters.
Section 56-6-890. The commission may in its discretion, after
reviewing all information pertaining to the applicant or policyholder
available from its records, the records of the department, or from other
sources:
(1) refuse to assign an application;
(2) approve the rejection of an application by an insurance carrier;
(3) approve the cancellation of a policy of motor vehicle liability,
physical damage, and medical payments insurance by an insurance
carrier; or
(4) refuse to approve the renewal or the reassignment of an expiring
policy.
Section 56-6-900. Any information filed with the commission by an
insurance carrier in connection with an assigned risk shall be
confidential and solely for the information of the commission and its
staff and shall not be disclosed to any person, including an applicant,
policyholder, and any other insurance carrier.
Section 56-6-910. (A) The commission shall not be required to
disclose to any person, including the applicant or policyholder, its
reasons for:
(1) refusing to assign an application;
(2) approving the rejection of an application by an insurance
carrier;
(3) approving the cancellation of a policy of motor vehicle
liability, physical damage, and medical payments insurance by an
insurance carrier; or
(4) refusing to approve the renewal or the reassignment of an
expiring policy.
(B) The commission or anyone acting for it shall not be held liable
for any act or omission in connection with the administration of the
duties imposed upon it by the provisions of this chapter, except upon
proof of actual malfeasance.
Section 56-6-920. The provisions of this chapter relevant to
assignment of risks shall be available to nonresidents who are unable to
obtain a policy of motor vehicle liability, physical damage, and medical
payments insurance with respect only to motor vehicles registered and
used in the State.
Section 56-6-930. Notwithstanding any other provision of law, the
provisions of this chapter relating to assignment of risks shall be
available to carriers by motor vehicle who are required by law to carry
public liability and property damage insurance for the protection of the
public.
Section 56-6-940. Every motor vehicle owner's policy shall:
(1) designate by explicit description or by appropriate reference, all
motor vehicles with respect to which coverage is intended to be granted.
(2) insure as insured the person named and any other person using
or responsible for the use of the motor vehicle or motor vehicles with the
permission of the named insured.
(3) Insure the insured or other person against loss from any liability
imposed by law for damages, including damages for care and loss of
services, because of bodily injury to or death of any person, and injury
to or destruction of property caused by accident and arising out of the
ownership, use, or operation of such motor vehicle or motor vehicles
within the State, any other state in the United States, or Canada, subject
to a limit exclusive of interest and costs, with respect to each motor
vehicle, of fifteen thousand dollars because of bodily injury to or death
of one person in any one accident and, subject to the limit for one
person, to a limit of thirty thousand dollars because of bodily injury to
or death of two or more persons in any one accident, and to a limit of
five thousand dollars because of injury to or destruction of property of
others in any one accident.
Section 56-6-950. Every driver's policy shall insure the person
named therein as insured against loss from the liability imposed upon
him by law for damages, including damages for care and loss of
services, because of bodily injury to or death of any person, and injury
to or destruction of property arising out of the use by him of any motor
vehicle not owned by him, within the territorial limits and subject to the
limits of liability set forth with respect to a motor vehicle owner's policy.
Section 56-6-960. Every policy of insurance subject to the
provisions of this chapter:
(1) shall contain an agreement that the insurance is provided in
accordance with the coverage defined in this chapter as respects bodily
injury, death, property damage, and destruction and that it is subject to
all the provisions of this chapter and of the laws of the State relating to
this kind of insurance; and
(2) may grant any lawful coverage in excess of or in addition to the
coverage herein specified and this excess or additional coverage shall
not be subject to the provisions of this chapter but shall be subject to
other applicable laws of the State.
Section 56-6-970. No policy required under this chapter shall be
issued or delivered in the State unless it complies with Sections 56-4-260 through 56-4-330, with all other applicable and not inconsistent
laws of the State, and with the terms and conditions of this chapter.
Section 56-6-980. Policies issued under this chapter shall not insure
any liability of the employer on account of bodily injury to, or death of,
an employee of the insured for which benefits are payable under any
workers' compensation law.
Section 56-6-990. This chapter shall not apply to any policy of
insurance except as to liability thereunder incurred after certification
thereof as proof of financial responsibility.
Section 56-6-1000. Several policies of one or more insurance carriers
which together meet the requirements of this chapter shall be deemed a
motor vehicle liability policy within the meaning of this chapter.
Section 56-6-1010. Every policy shall be subject to the following
provisions which need not be contained therein:
(1) the liability of any insurance carrier to the insured under a policy
becomes absolute when loss or damage covered by the policy occurs and
the satisfaction by the insured of a judgment for the loss or damage shall
not be a condition precedent to the right or duty of the carrier to make
payment on account of the loss or damage;
(2) no policy shall be canceled or annulled, as respects any loss or
damage, by any agreement between the carrier and the insured after the
insured has become responsible for the loss or damage and any
attempted cancellation or annulment shall be void;
(3) if the death of the insured occurs after the insured has become
liable, during the policy period, for loss or damage covered by the
policy, the policy shall not be terminated by the death with respect to the
liability and the insurance carrier shall be liable hereunder as though
death had not occurred;
(4) on the recovery of a judgment against any person for loss or
damage, if the person or the decedent he represents was at the accrual of
the cause of action insured against the liability under the policy, the
judgment creditor shall be entitled to have the insurance money applied
to the satisfaction of the judgment;
(5) if the death, insolvency, or bankruptcy of the insured occurs
within the policy period, the policy during the unexpired portion of the
period shall cover the legal representatives of the insured; and
(6) no statement made by the insured or on his behalf and no
violation of the terms of the policy shall operate to defeat or avoid the
policy so as to bar recovery within the limits provided in this chapter.
Section 56-6-1020. Any policy may provide:
(1) that the insured, or any other person covered by the policy, shall
reimburse the insurance carrier for payments made on account of any
accident, claim, or suit involving a breach of the terms, provisions, or
conditions of the policy; or
(2) for proration of the insurance with other applicable valid and
collectible insurance.
Section 56-6-1030. Insurance carriers authorized to issue policies as
provided in this chapter may, pending the issuance of the policy, execute
an agreement to be known as a binder, which shall not be valid beyond
sixty days from the date it becomes effective, or may, in lieu of a policy,
issue an endorsement to an existing policy, each of which shall be
construed to provide indemnity or protection in like manner and to the
same extent as a formal policy. The provisions of this chapter apply to
these binders and endorsements.
Section 56-6-1040. When any insurance policy certified under this
chapter is canceled or terminated, the insurer shall report the fact to the
commissioner within fifteen days after the cancellation on a form
prescribed by the commissioner.
Section 56-6-1050. The Driver License Compact is hereby enacted
into law and entered into with all other jurisdictions legally joining
therein in the form substantially as follows:
THE DRIVER LICENSE COMPACT
Article I Findings and Declaration of Policy
(a) The party states find that:
(1) the safety of their streets and highways is materially affected
by the degree of compliance with state and local ordinances relating to
the operation of motor vehicles;
(2) violation of such a law or ordinance is evidence that the
violator engages in conduct which is likely to endanger the safety of
persons and property;
(3) the continuance in force of a license to drive is predicated
upon compliance with laws and ordinances relating to the operation of
motor vehicles, in whichever jurisdiction the vehicle is operated.
(b) It is the policy of each of the party states to:
(1) promote compliance with the laws, ordinances, and
administrative rules and regulations relating to the operation of motor
vehicles by their operators in each of the jurisdictions where such
operators drive motor vehicles;
(2) make the reciprocal recognition of licenses to drive and
eligibility therefor more just and equitable by considering the overall
compliance with motor vehicle laws, ordinances and administrative rules
and regulations as a condition precedent to the continuance or issuance
of any license by reason of which the licensee is authorized or permitted
to operate a motor vehicle in any of the party states.
Article II
Definitions
As used in this compact:
(a) `State' means a state, territory, or possession of the United States,
the District of Columbia, or the Commonwealth of Puerto Rico.
(b) `Home state' means the state which has issued and has the power
to suspend or revoke the use of the license or permit to operate a motor
vehicle. (c) `Conviction' means a conviction of any offense related
to the use or operation of a motor vehicle which is prohibited by state
law, municipal ordinance or administrative rule or regulation, or a
forfeiture of bail, bond, or other security deposited to secure appearance
by a person charged with having committed any such offense, and which
conviction or forfeiture is required to be reported to the licensing
authority.
Article III
Reports of Conviction
The licensing authority of a party state shall report each conviction of
a person from another party state occurring within its jurisdiction to the
licensing authority of the home state of the licensee. Such report shall
clearly identify the person convicted; describe the violation specifying
the section of the statute, code, 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 shall include any special findings made in
connection therewith.
Article IV
Effect of Conviction
(a) The licensing authority in the home state, for the purposes of
suspension, revocation, or limitation of the license to operate a motor
vehicle, shall give the same effect to the conduct reported, pursuant to
Article III of this compact, as it would if such conduct had occurred in
the home state, in the case of convictions for:
(1) manslaughter or negligent homicide resulting from the
operation of a motor vehicle;
(2) driving a motor vehicle while under the influence of
intoxicating liquor or a narcotic drug, or under the influence of any other
drug to a degree which renders the driver incapable of safely driving a
motor vehicle; (3) any felony in the commission of which a motor
vehicle is used;
(4) failure to stop and render aid in the event of a motor vehicle
accident resulting in the death or personal injury of another.
(b) As to other convictions, reported pursuant to Article III, the
licensing authority in the home state shall give such effect to the conduct
as is provided by the laws of the home state.
(c) If the laws of a party state do not provide for offenses or
violations denominated or described in precisely the words employed in
subdivision (a) of this article, such party state shall construe the
denominations and descriptions appearing in subdivision (a) hereof as
being applicable to and identifying those offenses or violations of a
substantially similar nature and the laws of such party state shall contain
such provisions as may be necessary to ensure that full force and effect
is given to this article.
Article V
Applications for New Licenses
Upon application for a license to drive, the licensing authority in a
party state shall ascertain whether the applicant has ever held, or is the
holder of a license to drive issued by any other party state. The licensing
authority in the state where application is made shall not issue a license
to drive to the applicant if:
(1) the applicant has held such a license, but the same has been
suspended by reason, in whole or in part, of a violation and if such
suspension period has not terminated;
(2) the applicant has held such a license, but the same has been
revoked by reason, in whole or in part, of a violation and if such
revocation has not terminated, except that after the expiration of one
year from the date the license was revoked, such person may make
application for a new license if permitted by law. The licensing
authority may refuse to issue a license to any such applicant if, after
investigation, the licensing authority determines that it will not be safe
to grant to such person the privilege of driving a motor vehicle on the
public highways;
(3) the applicant is the holder of a license to drive issued by another
party state and currently in force unless the applicant surrenders such
license.
Article VI
Applicability of Other Laws
Except as expressly required by provisions of this compact, nothing
contained herein shall be construed to affect the right of any party state
to apply any of its other laws relating to licenses to drive to any person
or circumstance, nor to invalidate or prevent any driver license
agreement or other cooperative arrangement between a party state and
a nonparty state.
Article VII
Compact Administrator and Interchange of Information
(a) The head of the licensing authority of each party state shall be
the administrator of this compact for his state. The administrators,
acting jointly, shall have the power to formulate all necessary and proper
procedures for the exchange of information under this compact.
(b) The administrator of each party state shall furnish to the
administrator of each other party state any information or documents
reasonably necessary to facilitate the administration of this compact.
Article VIII
Entry Into Force and Withdrawal
(a) This compact shall enter into force and become effective as to
any state when it has enacted the same into law.
(b) Any party state may withdraw from this compact by enacting a
statute repealing the same, but no such withdrawal shall take effect until
six months after the executive head of the withdrawing state has given
notice of the withdrawal to the executive heads of all other party states.
No withdrawal shall affect the validity or applicability by the licensing
authorities of states remaining party to the compact of any report of
conviction occurring before the withdrawal.
Article IX
Construction and Severability
This compact shall be liberally construed so as to effectuate the
purposes thereof. The provisions of this compact shall be severable and
if any phrase, clause, sentence, or provision of this compact is declared
to be contrary to the constitution of any party state or of the United
States or the applicability thereof to any government, agency, person, or
circumstance is held invalid, the validity of the remainder of this
compact and the applicability thereof to any government, agency,
person, or circumstance shall not be affected thereby. If this compact
shall be held contrary to the constitution of any state party thereto, the
compact shall remain in full force and effect as tot he remaining states
and in full force and effect as to the state affected as to all severable
matters.
Section 56-6-1060. As used in the compact, the term `licensing
authority' with reference to this State means the Department of
Highways and Public Transportation. The department shall furnish to
the appropriate authorities of any other party state any information or
documents reasonably necessary to facilitate the administration of
Articles III, IV, and V of the compact.
Section 56-6-1070. The compact administrator provided for in Article
VII of the compact shall not be entitled to any additional compensation
on account of his service as such administrator but shall be entitled to
expenses incurred in connection with his duties and responsibilities as
such administrator, in the same manner as for expenses incurred in
connection with any other duties or responsibilities of his office or
employment.
Section 56-6-1080. As used in the compact, with reference to the
State, the term `executive head' shall mean the Governor.
Section 56-6-1090. For the purposes of complying with subdivisions
(a) and (c) of Article IV of the compact, the following sections of the
Code of Laws of South Carolina and county, city, or town ordinances
substantially paralleling such sections shall be deemed to cover the
offenses of subdivision (a) of Article IV: with respect to subdivision (2),
Section 56-2-10; with respect to subdivision (4), Sections 46.2-894
through 46.2-899 subject to the limitation that the accident resulted in
the death or personal injury of another; with respect to subdivisions (1)
and (3), the department shall determine which offenses are covered in
the same manner as under Section 56-6-110.
Section 56-6-1100. For the purpose of enforcing subdivision (3) of
Article V of this compact, the department shall include as part of the
form for application for a driver's license a question whether the
applicant is so licensed, require the surrender of such license before the
granting of such application in accordance with the provisions of this
chapter.
Section 56-6-1110. The commissioner shall promulgate regulations
which he deems necessary to carry out the provisions of this chapter.
A person receiving an order of the commissioner to suspend or revoke
his driver's license or licensing privilege or to require attendance at a
driver improvement clinic or placing him on probation may, within
thirty days from the date of the order, file a petition of appeal in
accordance with Section 56-6-320.
Section 56-6-1120. The commissioner shall, in his discretion,
designate persons to act for the department as driver improvement
analysts to examine and evaluate the driving records of the problem
drivers and to conduct group interviews, personal interviews, and driver
improvement clinics.
Section 56-6-1130. (A) The commissioner shall suspend the driver's
license or other privilege to operate a motor vehicle of any person who
fails to attend a scheduled group interview, personal interview, or driver
improvement clinic. This suspension shall remain in effect until such
person applies to the department in writing for permission to attend a
scheduled group interview, personal interview, or driver improvement
clinic, whichever is applicable, and thereafter until he is rescheduled and
satisfactorily completes the assignment, except as hereinafter provided.
(B) The commissioner may, for good cause shown, cancel or
terminate the suspension or reinstatement requirement, provided the
person applies to the department in writing for permission to attend a
scheduled group interview, personal interview, or driver improvement
clinic, whichever is applicable. In the event he does not satisfactorily
complete the assignment, the commissioner shall forthwith suspend the
person's driver's license or other privilege to operate a motor vehicle as
required by subsection (A) of this section.
Section 56-6-1140. The department may revoke the registration of a
motor vehicle, trailer, or semitrailer and may revoke the registration
card, license plates, or decals whenever the person to whom the
registration card, license plates, or decals have been issued makes or
permits to be made an unlawful use of any of them or permits their use
by a person not entitled to them, or fails or refuses to pay, within the
time prescribed by law, any fuel taxes or other taxes or fees required to
be collected or authorized to be collected by the department regardless
of whether the fee applies to that particular vehicle.
Section 56-6-1150. (A) Every registration under this title, unless
otherwise provided, shall expire on the last day of the twelfth month
next succeeding the date of registration. Every registration, unless
otherwise provided, shall be renewed annually on application by the
owner and by payment of the fees required by law, the renewal to take
effect on the first day of the month succeeding the date of expiration.
(B) All motor vehicles, trailers, and semitrailers registered in the
State shall, at the discretion of the commission, be placed in a system of
registration on a monthly basis to distribute the work of registering
motor vehicles as uniformly as practicable throughout the twelve months
of the year. All such motor vehicles, trailers, and semitrailers, unless
otherwise provided, shall be registered for twelve months. The
registration shall be extended, at the discretion of the commissioner, on
receipt of appropriate prorated fees, as required by law, for not less than
one month nor more than eleven months as is necessary to distribute the
registrations as equally as practicable on a monthly basis. The
commissioner shall, on request, assign to any owner or owners of two or
more motor vehicles, trailers, or semitrailers the same registration
period. The expiration date shall be the last day of the twelfth month or
the last day of the designated month. Except for motor vehicles, trailers,
and semitrailers registered for more than one year under subsection (C)
of this section, every registration shall be renewed annually on
application by the owner and by payment of fees required by law, the
renewal to take effect on the first day of the succeeding month.
(C) The commissioner may offer, at his discretion, an optional multi-year registration for all motor vehicles, trailers, and semitrailers except
for: (1) those registered under the International Registration Plan;
and
(2) those registered as uninsured motor vehicles.
When this option is offered and chosen by the registrant, all annual and
twelve-month fees due at the time of registration shall be multiplied by
the number of years or fraction thereof that the vehicle will be
registered.
Section 56-6-1160. All fees collected by the commissioner shall be
paid into the State Treasury and set aside as a special fund to be used to
meet the expenses of the department.
Section 56-6-1170. Except as provided in item (13) of subsection (A)
of Sections 46.2-694 and 46.2-703, an amount equal to twenty percent
of the fees collected, after refunds, from the registration of motor
vehicles, trailers, and semitrailers pursuant to this chapter, calculated at
the rates in effect on July 1, 1994, shall be transferred from the special
fund established by the provisions of Section 46.2-206 to a special fund
in the State Treasury to be used to meet the expenses of the department.
Section 56-6-1180. A person who operates or permits the operation
over any highway in the State of any motor vehicle, trailer, or semitrailer
for the transportation of passengers without first having paid to the
commissioner the fee prescribed by Section 46.2-694 shall be guilty of
a misdemeanor.
Section 56-6-1190. A person holding a registration card and license
plate or license plates with decal who disposes of, elects not to use the
vehicle for which it was issued on the highways in the State, or transfers
another valid license plate to the vehicle may surrender, before the
beginning of the registration period, the license plates or license plates
with decals and registration card or provide other evidence of
registration of the vehicle to the commissioner with a statement that the
vehicle for which the license plate or license plate with decal was issued
has been disposed of, election has been made not to use the vehicle on
the highways in the State, or another valid license plate has been
transferred to the vehicle and request a refund of the fee paid. The
commissioner shall retain five dollars of the fee to cover the costs
incurred in issuing the plates and processing the refund.
The commissioner shall refund to the applicant a proration, in six-month increments, of the total cost of the registration and license plates
or license plates with decals if application for the refund is made when
there are six or more months remaining in the registration period. No
charge or deduction shall be assessed for any refund made under this
subsection.
Section 56-6-1200. Upon application on a form prescribed by the
commissioner, any person registering any vehicle whose fees are set
under Section 56-6-1220 shall be refunded that portion of the
registration fee for a gross weight in excess of that set forth in Section
46.2-1126.
Section 56-6-1210. Notwithstanding any other provision of law, the
owner of any motor vehicle which is required to be licensed under
Section 56-6-1220 as a for-hire vehicle, may apply for a refund of that
portion of the license fee paid in excess of the fee required if it were
licensed not for-hire, subject to the conditions and limitations set forth
in this section.
If the motor vehicle, while licensed as a for-hire vehicle, is used
exclusively in seasonal operation for the transportation of agricultural,
horticultural, or forest products and seed and fertilizer therefor to and
from the land of the producer, for compensation, the owner may
surrender the for-hire license plates issued at any times before the
expiration of an accumulated total of not more than ninety days. A
refund may be obtained for seventy-five percent of that portion of the
fee paid in excess of the license fee required for private carrier license
plates. The commissioner shall refund this surcharge on application on
forms prescribed by him and submitted to the department within thirty
days of the registration expiration date of the license plates.
Section 56-6-1220. (A) Except as otherwise provided in this section,
the fee for registration of all motor vehicles not designed and used for
the transportation of passengers shall be thirteen dollars plus an amount
determined by the gross weight of the vehicle or combination of vehicles
of which it is a part, when loaded to the maximum capacity for which it
is registered and licensed, according to the schedule of fees set forth in
this section. For each one thousand pounds of gross weight, or major
fraction thereof, for which any such vehicle is registered, there shall be
paid to the commissioner the fee indicated in the following schedule
immediately opposite the weight group and under the classification
established by the provisions of subsection B of Section 46.2-711 into
which such vehicle, or any combination of vehicles of which it is a part,
falls when loaded to the maximum capacity for which it is registered and
licensed. The fee for a pickup or panel truck shall be twenty-three
dollars if its gross weight is four thousand pounds or less, and twenty-eight dollars if its gross weight is four thousand one pounds through six
thousand, five hundred pounds. The fee shall be twenty-nine dollars for
any motor vehicle with a gross weight of six thousand, five hundred one
pounds through ten thousand pounds.
Fee Per Thousand Pounds Weight of Gross
Gross Weight Private For Rent or
Groups (pounds) Carriers For Hire
Carriers
10,001 -- 11,000 $2.60 $4.75 11,001 -- 12,000 2.80 4.90
12,001 -- 13,000 3.00 5.15
13,000 -- 14,000 3.20 5.40
14,001 -- 15,000 3.40 5.65
15,001 -- 16,000 3.60 5.90
16,001 -- 17,000 4.00 6.15
17,001 -- 18,000 4.40 6.40
18,001 -- 19,000 4.80 7.50
19,001 -- 20,000 5.20 7.70
20,001 -- 21,000 5.60 7.90
21,001 -- 22,000 6.00 8.10
22,001 -- 23,000 6.40 8.30
23,001 -- 24,000 6.80 8.50
24,001 -- 25,000 6.90 8.70
25,001 -- 26,000 6.95 8.90
26,001 -- 27,000 7.00 9.10
27,001 -- 28,000 7.05 9.30
28,001 -- 29,000 7.10 9.50
29,001 -- 40,000 7.20 9.70
40,001 -- 45,000 7.30 9.90
45,001 -- 50,000 7.50 10.00
50,001 -- 55,000 8.00 12.00
55,001 -- 76,000 10.00 14.00
76,001 -- 80,000 12.00 15.00
For all such motor vehicles exceeding a gross weight of six thousand,
five hundred pounds, an additional fee of five dollars shall be imposed.
(B) In lieu of registering any motor vehicle referred to in this section
for an entire licensing year, the owner may elect to register the vehicle
only for one or more quarters of a licensing year, and in such case, the
fee shall be twenty-five percent of the annual fee plus five dollars for
each quarter that the vehicle is registered.
(C) When an owner elects to register and license a motor vehicle
under subsection B of this section, the provisions of Section 56-6-1150
and 56-6-1190 shall not apply.
(D) Notwithstanding any other provision of law, no vehicle designed,
equipped, and used to tow disabled or inoperable motor vehicles shall
be required to register in accordance with any gross weight other than
the gross weight of the towing vehicle itself, exclusive of any vehicle
being towed. (E) All registrations and licenses issued for less than a
full year shall expire on the date shown on the license and registration.
Section 56-6-1230. For purposes of this chapter, the following terms
shall have the meanings respectively ascribed to them in this section:
(1) `Motor vehicle' means a vehicle capable of self-propulsion which
is either:
(a) required to be titled and licensed and for which a license fee
is required to be paid by its owner, or
(b) owned by or assigned to a motor vehicle manufacturer,
distributor, or dealer licensed in the State.
(2) `Insured motor vehicle' means a motor vehicle as to which there
is bodily injury liability insurance and property damage liability
insurance, both in the amounts specified in Section 56-6-940, issued by
an insurance carrier authorized to do business in the State, or as to which
a bond has been given or cash or securities delivered in lieu of the
insurance; or as to which the owner has qualified as a self-insurer in
accordance with the provisions of Section 56-6-30.
(3) `Uninsured motor vehicle' means a motor vehicle as to which
there is no such bodily injury liability insurance and property damage
liability insurance, or no such bond has been given or cash or securities
delivered in lieu thereof, or the owner of which has not so qualified as
a self-insurer.
Section 56-6-1240. In addition to any other fees prescribed by law,
every person registering an uninsured motor vehicle, as defined in
Section 56-6-1230, at the time of registering or reregistering the
uninsured vehicle, shall pay a fee of four hundred dollars; however, if
the uninsured motor vehicle is a motor vehicle or semitrailer registered
or reregistered as provided in subsection (B) of Section 56-6-1150, the
fee shall be one-twelfth of the annual uninsured motor vehicle fee for
each month of the registration period. If the vehicle is a motor vehicle
being registered or reregistered as provided in subsection (B) of Section
56-6-1220, the fee shall be one-fourth of the annual uninsured motor
vehicle fee for each quarter for which the vehicle is registered. Every
person applying for registration of a motor vehicle and declaring it to be
an insured motor vehicle shall, under the penalties set forth in Section
56-6-1250, execute and furnish to the commissioner his certificate that
the motor vehicle is an insured motor vehicle as defined in Section 56-6-1240, or that the commissioner has issued to its owner, in accordance
with Section 56-6-30, a certificate of self-insurance applicable to the
vehicle sought to be registered. The commissioner, or his duly
authorized agent, may require any registered owner of a motor vehicle
declared to be insured or any applicant for registration of a motor
vehicle to be an insured motor vehicle to submit a certificate of
insurance on a form prescribed by the commissioner. The commissioner
shall forward the certificate of insurance or bond to the insurance
company or surety company, whichever is applicable, for verification as
to whether the policy or bond named in the certificate is currently in
force. At that time and not later than thirty days following receipt of the
certificate of insurance, the insurance company or surety company shall
cause to be filed with the commissioner a written notice if the policy or
bond was not applicable as to the named insured. The commissioner
shall prescribe the manner in which the written notice shall be made.
The refusal or neglect of any owner within thirty days to submit the
certificate of insurance when required by the commissioner or his duly
authorized agent or the notification by the insurance company or surety
company that the policy or bond named in the certificate of insurance is
not in effect, shall require the commissioner to suspend any driver's
license and all registration certificates and license plates issued to the
owner of the motor vehicle until the person:
(1) has paid to the commissioner a fee of four hundred dollars to be
disposed of as provided for in Section 56-6-1280 with respect to the
motor vehicle determined to be uninsured; and
(2) furnishes proof of financial responsibility for the future in the
manner prescribed in Section 56-6-570 et seq. of this chapter. No order
of suspension required by this section shall become effective until the
commissioner has offered the person an opportunity for an
administrative hearing to show cause why the order should not be
enforced. Notice of the opportunity for an administrative hearing may
be included in the order of suspension. When three years have elapsed
from the effective date of the suspension required in this section, the
commissioner may relieve the person of the requirement of furnishing
proof of future financial responsibility.
If the commissioner determines that the fee applicable to the
registration of an uninsured motor vehicle has been paid on the vehicle
in question on or before the date that the insurance certificate was
requested, no suspension action shall be taken.
The commissioner shall suspend the driver's license and all
registration certificates and license plates of any person on receiving a
record of his conviction of a violation of any provisions of Section 56-6-1250, but the commissioner shall dispense with the suspension when the
person is convicted for a violation of Section 56-6-1250 and the
department's records show conclusively that the motor vehicle was
insured or that the fee applicable to the registration of an uninsured
motor vehicle has been paid by the owner before the date and time of the
alleged offense.
Section 56-6-1250. A person who owns an uninsured motor vehicle:
(1) licensed in the State;
(2) subject to registration in the State; or
(3) displaying temporary license plates provided for in Section 56-6-1320 who operates or permits the operation of that motor vehicle
without first having paid to the commissioner the uninsured motor
vehicle fee required by Section 56-6-1240, to be disposed of as provided
by Section 56-6-1280, shall be guilty of a misdemeanor.
A person who is the operator of such an uninsured motor vehicle and
not the titled owner, who knows that the required fee has not been paid
to the commissioner, shall be guilty of a misdemeanor.
The commissioner or his duly authorized agent, 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 56-6-1240.
The refusal or neglect of the owner who has not, before the date of
operation, paid the uninsured motor vehicle fee required by Section 56-6-1240 as to such motor vehicle, to furnish such certificate shall 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 commissioner
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, shall be guilty of a misdemeanor.
However, the foregoing portions of this section shall not be applicable
if it is established that the owner had good cause to believe and did
believe that such motor vehicle was an insured motor vehicle, in which
event the provisions of Section 56-6-1140 shall be applicable.
Abstracts of records of conviction, as defined in this title, of any
violation of any of the provisions of this section shall be forwarded to
the commissioner as prescribed by Section 56-6-70.
The commissioner shall suspend the driver's license and all
registration certificates and license plates of any titled owner of an
uninsured motor vehicle upon receiving a record of his conviction of a
violation of any provisions of this section, and he 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 56-6-1240 and furnishes proof of future financial
responsibility as prescribed by Section 56-6-570 et seq. of this chapter.
However, when three years have elapsed from the date of the suspension
herein required, the commissioner may relieve such person of the
requirement of furnishing proof of future financial responsibility. When
such suspension results from a conviction for presenting or causing to
be presented to the commissioner 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 commissioner
shall not thereafter reissue the driver's license and the registration
certificates and license plates issued in the name of such person so
convicted for a period of one hundred eighty days from the date of such
order of suspension, and only then when all other provisions of law have
been complied with by such person. The commissioner shall suspend
the driver's license of any person who is the operator but not the titled
owner of a motor vehicle upon receiving a record of his conviction 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 such order
of suspension.
Section 56-6-1260. When it appears to the commissioner from the
records of his office that an uninsured motor vehicle as defined in
Section 56-6-1230, subject to registration in the State, is involved in a
reportable accident in the State resulting in death, injury, or property
damage with respect to which motor vehicle the owner thereof has not
paid the uninsured motor vehicle fee as prescribed in Section 56-6-1240,
the commissioner shall, in addition to enforcing the applicable
provisions of Section 56-6-390 et seq. of this chapter, suspend such
owner's driver's license and all of his license plates and registration
certificates until such person has complied with those provisions of law
and has paid to the commissioner a fee of four hundred dollars, to be
disposed of as provided by Section 56-6-1280, with respect to the motor
vehicle involved in the accident and furnishes proof of future financial
responsibility in the manner prescribed in Section 56-6-570 et seq. of
this chapter. However, no order of suspension required by this section
shall become effective until the commissioner has offered the person an
opportunity for an administrative hearing to show cause why the order
should not be enforced. Notice of the opportunity for an administrative
hearing may be included in the order of suspension.
However, when three years have elapsed from the effective date of the
suspension herein required, the commissioner may relieve such person
of the requirement of furnishing proof of future financial responsibility.
The presentation by a person subject to the provisions of this section of
a certificate of insurance, executed by an agent or representative of an
insurance company qualified to do business in this State, showing that
on the date and at the time of the accident the vehicle was an insured
motor vehicle as herein defined, or, presentation by such person of
evidence that the additional fee applicable to the registration of an
uninsured motor vehicle had been paid to the department before the date
and time of the accident, shall be sufficient bar to the suspension
provided for in this section.
Section 56-6-1270. Whenever any proof of financial responsibility
filed by any person as required by this chapter no longer fulfills the
purpose for which required, the commissioner shall require other proof
of financial responsibility as required by this chapter and shall suspend
such person's driver's license, registration, certificates, and license plates
and decals pending the furnishing of proof as required.
A person whose driver's license or registration certificates, or license
plates and decals have been suspended as provided in this chapter and
have not been reinstated shall immediately return every such license,
registration certificate, and set of license plates and decals held by him
to the commissioner. A person failing to comply with this requirement
shall be guilty of a traffic infraction and, upon conviction, shall be
punished as provided in Section 56-6-20.
The commissioner is authorized to take possession of any license,
registration certificate, or set of license plates and decals on their
suspension under the provisions of this chapter or to direct any police
officer to take possession of and return them to the office of the
commissioner.
Section 56-6-1280. All funds collected by the commissioner under
the provisions of this chapter shall be paid into the State Treasury and
held in a special fund to be known as the `Uninsured Motorists Fund' to
be disbursed as provided by law. The commissioner may expend monies
from such funds, for the administration of this chapter, in accordance
with the General Appropriations Act.
Section 56-6-1290. Ordinances enacted by local authorities pursuant
to this chapter may incorporate appropriate provisions of this title, of
Article 9 (Section 16.1-278 et seq.) of Chapter 11 of Title 16.1, and of
Section 56-2-10 et seq. into such ordinance by reference. Nothing
contained in this title shall require the reenactment of ordinances
heretofore validly adopted.
Section 56-6-1300. All dealer records regarding employees, lists of
vehicles in inventory for sale, resale, or on consignment, vehicle
purchases, sales, trades, and transfers of ownership; collections of taxes,
titling, uninsured motor vehicle, and registration fees, odometer
disclosure statements, records of permanent dealer registration plates
assigned to the dealer and temporary transport plates and temporary
certificates of ownership, and other records required by the department
shall be maintained on the premises of the licensed location. The
commissioner may, on written request by a dealer, permit his records to
be maintained at a location other than the premises of the licensed
location for good cause shown. All dealer records shall be preserved in
original form for five years in a manner that permits systematic retrieval.
Certain records may be maintained on a computerized record-keeping
system with the prior approval of the commissioner.
Section 56-6-1310. (A) Every motor vehicle dealer shall complete,
in duplicate, a buyer's order for each sale or exchange of a motor
vehicle. A copy of the buyer's order form shall be made available to a
prospective buyer during the negotiating phase of a sale and before any
sales agreement. The completed original shall be retained for four years
in accordance with Section 56-6-1300, and a duplicate copy shall be
delivered to the purchaser at the time of sale or exchange. A buyer's
order shall include:
(1) the name and address of the person to whom the vehicle was
sold or traded;
(2) the date of the sale or trade;
(3) the name and address of the motor vehicle dealer selling or
trading the vehicle;
(4) the make, model year, vehicle identification number, and body
style of the vehicle;
(5) the sale price of the vehicle;
(6) the amount of any cash deposit made by the buyer;
(7) a description of any vehicle used as a trade-in and the amount
credited the buyer for the trade-in. The description of the trade-in shall
be the same as outlined in subdivision 4 of this subsection;
(8) the amount of any sales and use tax, title fee, uninsured motor
vehicle fee, registration fee, or other fee required by law for which the
buyer is responsible and the dealer has collected. Each tax and fee shall
be individually listed and identified;
(9) the net balance due at settlement;
(10) any item designated as `processing fee', and the amount
charged by the dealer, if any, for processing the transaction. As used in
this section processing includes obtaining title and license plates for the
purchaser;
(11) any item designated as `dealer's business license tax', and the
amount charged by the dealer, if any.
If the transaction does not include a policy of motor vehicle liability
insurance, the seller shall stamp or mark on the face of the bill of sale in
boldface letters no smaller than eighteen point type the following words:
`No Liability Insurance Included'.
A completed buyer's order when signed by both buyer and seller may
constitute a bill of sale.
(B) The commissioner shall approve a buyer's order form and each
dealer shall file with each license application, or renewal, its buyer's
order form, on which the processing fee amount is stated.
(C) If a processing fee is charged, that fact and the amount of the
processing fee shall be disclosed by the dealer. Disclosure shall be by
placing a clear and conspicuous sign in the public sales area of the
dealership. The sign shall be no smaller than eight and one-half inches
by eleven inches and the print shall be no smaller than one-half inch, and
in a form as approved by the commissioner.
Section 56-6-1320. The department may, subject to the limitation and
conditions set forth in this chapter, deliver temporary license plates
designed by the department to any dealer licensed under this chapter
who applies for at least ten sets of plates and who encloses with his
application a fee of one dollar for each set applied for. The application
shall be made on a form prescribed and furnished by the department.
Dealers, subject to the limitations and conditions set forth in this
chapter, may issue temporary license plates to owners of vehicles. The
owners shall comply with the provisions of this article and Sections 56-6-1230, 56-6-1240, and 56-6-1250. Dealers issuing temporary license
plates may do so free of charge, but if they charge a fee for issuing
temporary plates, the fee shall be no more than the fee charged the dealer
by the department under this section.
Display of a temporary license plate or plates on a motor vehicle,
trailer, or semitrailer shall subject the vehicle to the requirements of
Sections 46.2-1038 and 46.2-1056."
SECTION 4. Title 56 of the 1976 Code is amended by adding:
"CHAPTER 8
Public Service Companies; Motor Vehicle
Carriers Generally
Section 56-8-10. This chapter shall not be construed to include:
(1) motor vehicles employed solely in transporting school children
and teachers;
(2) taxicabs, or other motor vehicles performing bona fide taxicab
service, having a seating capacity of not more than six passengers, while
operating in a city, town, or county which has or adopts an ordinance
regulating and controlling taxicabs and other vehicles performing a bona
fide taxicab service, and not operating on a regular route or between
fixed termini. Each operator of a motor vehicle performing a bona fide
taxicab service shall file insurance as required under Section 56-299
unless evidence can be shown the commission that the operator is a self-insurer under an ordinance of the city or an ordinance of the county
where the home office of the operator is located; and failure to keep
insurance in force shall subject the operator to cancellation of any
authority under this chapter;
(3) motor vehicles owned or operated by or on behalf of hotels while
used exclusively for the transportation of hotel patronage between hotels
and local railroad or other common carrier stations;
(4) motor vehicles owned and operated by the United States, the
District of Columbia, or any state, or any municipality or any other
political subdivision of this State, including vehicles used exclusively
for handling United States mail; and passenger-carrying motor vehicles
while being operated under an exclusive contract with the United States;
(5) motor vehicles while used exclusively in transporting only bona
fide employees directly to and from the factories, plants, offices, or other
places of like nature where they are employed and accustomed to work.
The operator of such vehicle first shall secure from the commission a
permit, and the necessary warrant for each vehicle so operated, neither
of which shall be issued by the commission unless the applicant shall
furnish the commission at the time the application is made, with a
statement in writing signed by the applicant setting forth the name and
location of the factories, plants, offices, or other places of like nature to
and from which the applicant proposes to operate, and that such
applicant will transport only bona fide employees of such factories,
plants, offices, or like places to and from work, which permit shall be
subject to revocation or suspension and the holder thereof subject to the
imposition of penalties by the commission for any of the causes and in
the manner and to the extent provided for by Section 56-297. Any
permit issued by the commission under the provisions of this section
before July 1, 1994, shall, unless suspended or revoked as herein
provided, continue to be valid, but any such permit or permit holder
shall in all other respects be subject to the provisions of this section;
(6) motor vehicles controlled and operated by a bona fide
cooperative association as defined in the Federal Marketing Act,
approved June 15, 1929, as amended, or organized or existing under
Chapter 3, Article 2 (Section 13.1-312 et seq.) of Title 13.1, while used
exclusively in the conduct of the business of such association;
(7) motor vehicles while used exclusively in carrying water,
livestock, poultry, poultry products, buttermilk, fresh milk and cream,
meats, butter and cheese produced on the farm, fish (including shellfish),
slate, horticultural or agricultural commodities (not including
manufactured products thereof), and forest products, including lumber
and staves (but not including manufactured products thereof), or in the
transportation of farm supplies being delivered to a farm or farms;
(8) motor vehicles while used exclusively in the distribution of
newspapers;
(9) motor vehicles while engaged in hauling for the Department of
Highways and Public Transportation;
(10) any motor vehicle while transporting not more than fifteen
passengers in addition to the driver, if the driver and the passengers are
engaged in a share-the-ride undertaking and if they share not more than
the expenses of operation of the vehicle. Regular payments toward a
capital recovery fund or used to pay for leasing the vehicle are to be
considered eligible expenses of operation;
(11) motor vehicles while used exclusively in the transportation of
passengers or property within the corporate limits of incorporated cities
or towns, and motor vehicles used exclusively in the regular
transportation of passengers within the boundaries of such cities or
towns and adjacent counties where such vehicles are being operated by
such county or pursuant to a contract with the governing body of such
county;
(12) motor vehicles while used exclusively in carrying fertilizer to
any warehouse or warehouses for subsequent distribution to a local area
farm or farms;
(13) motor vehicles while used exclusively in transporting bona fide
domestic help and laborers from any county in which they reside and
shown by the 1990 United States census to have had a population of
fewer than one hundred sixty three thousand to and from their places of
accustomed employment in any county shown by the 1990 United States
census to have had a population in excess of one hundred sixty-three
thousand, when adequate common carrier service for the class of persons
to be transported is not available or provided; provided, that such service
is limited to one vehicle and one operator. The operator of such vehicle
shall first secure from the commission a permit, and the necessary
warrant for the vehicle so operated, either of which permit nor warrant
shall be issued by the commission unless the applicant shall furnish the
commission at the time application is made, with a statement in writing
signed by the applicant setting forth the names of the persons to be
transported, and that such applicant will transport only the persons
named or added from time to time to and from work, which permit shall
be subject to revocation or suspension and the holder thereof subject to
the imposition of penalties by the commission for any of the causes and
in the manner and to the extent provided for by Section 56-297;
(14) motor vehicles while used exclusively in collecting and
disposing of trash, garbage, and other refuse;
(15) minibuses controlled and operated by a bona fide nonprofit
corporation organized or existing under Chapter 10 (Section 13.1-801
et seq.) of Title 13.1, or by a tax-exempt organization as defined in
Section 501(c)(3) and 501(c)(4) of the United States Internal Revenue
Code, as amended, while used exclusively in the transportation, for hire,
for compensation, or otherwise, of members of such organization if it is
a membership corporation, or of elderly, handicapped, or economically
disadvantaged members of the community served by such organization
if it is not a membership corporation. Such minibuses shall not be
operated over the same or an adjacent route and on a similar schedule as
a holder of a certificate of public convenience and necessity or as a
public transportation authority. Each operator of a minibus hereby
excluded shall be issued an exemption card and classification plate
under Section 56-304 and shall file insurance as required under Section
56-299 unless evidence can be shown the commission that the operator
is a self-insurer under an ordinance of the city or an ordinance of the
county where the registered office of the operator is located. Failure to
keep insurance in force shall subject the operator to cancellation of its
exemption card and withdrawal of its classification plate;
(16) ambulances controlled and operated in accordance with Article
5 (Section 32.1-148 et seq.) of Chapter 5 of Title 32.1 and, further, each
operator of an ambulance is exempted from the provisions of Article 8
(Section 56-304 et seq.) of this chapter;
(17) one insured vehicle which is owned by a person as defined in
Section 56-273 and which is more than fifty years old, when operated
during the daytime on trips returning to the point of origin;
(18) motor vehicles used for the transportation of passengers by
nonprofit, nonstock corporations funded solely by federal, state, or local
subsidies, the use of which motor vehicles are restricted as to regular and
irregular routes to contracts with four or more counties and, at the
commencement of the operation, no certificated carrier provides the
same or similar services within such counties.
Section 56-8-20. The provisions of Section 56-8-10, except item (17),
shall not be construed to exempt any person or any vehicle from the
requirements of Article 8 (Section 56-304 et seq.) of this chapter relating
to exemption cards, classification plates, registration cards, and
identification markers."
SECTION 5. Any reference to or citation of a provision of law from
the Code of Laws of the Commonwealth of Virginia contained in any
portion of this act, including regulations promulgated thereunder, shall
be deemed an adoption and incorporation by reference of such provision
as the law of this State and shall also be deemed to supplant and
supersede any provision of law of the State of South Carolina to the
extent that such South Carolina provision may be contrary to or in
conflict with the Virginia provision. After the passage of this act and
prior to the date it takes effect, the Office of the Code Commissioner
shall conform such Virginia provisions of law to South Carolina
provisions in accordance with the provisions of this section and assign
Code section numbers to such provisions in conformity with the
numbering system used in the Code of Laws of South Carolina.
SECTION 6. (A) Articles 1, 3, and 5 of Chapter 77, Title 38 of the
1976 Code and Chapters 9 and 10, Title 56 of the 1976 Code, and
Sections 56-1-610 through 56-1-690 of the 1976 Code are repealed.
(B) Any provision of law contrary to the provisions contained in this
act is superseded by the provisions contained in this act.
SECTION 7. Except as otherwise specifically provided herein, this act
takes effect July 1, 1994.
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