| Printed Page 3570, May 14 | Printed Page 3590, May 14 |

SECTION . Section 56-3-4510 of the 1976 Code, as last amended by Act 115 of 1995, is further amended to read:

"Section 56-3-4510. The department shall issue a special commemorative motor vehicle license plate for use by the owner on his private passenger motor vehicle for the purposes of the `Nongame Wildlife and Natural Areas Fund' provided in Section 12-7-2415. The annual fee for the commemorative license plate is twelve dollars for the first two years and five dollars for each year after that time, and these amounts must be placed in the fund. This annual fee is in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 7 of this title. The commemorative plate must be of the same size and general design of regular motor vehicle license plates and must be imprinted with the words `South Carolina Protects Endangered Species'. The plates must be issued or revalidated for an annual period which expires twelve months from the month they are issued."

SECTION . Section 56-3-4710(A) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(A) The Department of Revenue and Taxation department may issue a special motor vehicle license plate to a member of the South Carolina State Guard who is a resident of the State for a private passenger motor vehicle or truck, having a rated capacity of one ton or less, registered in the member's name owned by the member."

SECTION . Section 56-3-4910 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-3-4910. (A) The department shall issue special motor vehicle license plates to active and retired South Carolina firefighters who request them in the manner provided in this article and who are residents of the State for private passenger motor vehicles registered in their respective names owned by them. The special license plates, which must be of the same size and general design of regular motor vehicle license plates, must be imprinted with the words `SOUTH CAROLINA FIREFIGHTER' together with a fire service emblem and with numbers as the department may determine. The plates are for annual periods as provided by law. The fee for this special license plate is thirty-five dollars each year which is in addition to the regular motor vehicle registration fee as set forth in Article 5, Chapter 3 of this title.

(B) The fees collected pursuant to this section must be deposited in a separate fund for the South Carolina Fire Academy. The fund must be administered by the Budget and Control Board Division of State Fire

(1) one thousand or less total special license plates sold: twenty-six dollars to the department and nine dollars to the academy for each special license plate sold;

(2) more than one thousand and less than two thousand total special license plates sold: twenty-one dollars to the department and fourteen dollars to the academy for each special license plate sold;

(3) two thousand or more total special license plates sold: fifteen dollars to the department and twenty dollars to the academy for each special license plate sold.

(C) The department must receive one hundred or more applications requesting a special license plate for the South Carolina Firefighters before a specialized license plate may be developed."

SECTION . Section 56-3-5910 of the 1976 Code is amended to read:

"Section 56-3-5910. An owner of a private passenger motor vehicle who is a resident of this State may apply for a motor vehicle license plate under this article if he:

(1) was a member of the United States Armed Forces on December 7, 1941;

(2) was on station on December 7, 1941, during the hours of 7:55 a.m. to 9:45 a.m., Hawaii time at Pearl Harbor, the Island of Oahu, or offshore at a distance not exceeding three miles; and

(3) received an honorable discharge from the United States Armed Forces."

SECTION . Section 56-3-5930(A) of the 1976 Code is amended to read:

"(A) An applicant owner must be issued a Pearl Harbor survivor license plate for his private passenger motor vehicle, used for personal conveyance and not for commercial purposes, upon submitting proof of eligibility and complying with the state motor vehicle laws relating to registration and licensing of motor vehicles, and payment of the regular license fee for license plates as prescribed by law plus, for the initial issuance, an additional fee of fifteen dollars."

SECTION . Section 56-5-60 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-5-60. The envelope in which a notice required by law to be mailed by the department or the Department of Public Safety is mailed,

SECTION . Section 56-5-750 of the 1976 Code, as last amended by Act 65 of 1995, is further amended to read:

"Section 56-5-750. (A) In the absence of mitigating circumstances, it is unlawful for a motor vehicle driver, while driving on a road, street, or highway of the State, to fail to stop when signaled by a law enforcement vehicle by means of a siren or flashing light. An attempt to increase the speed of a vehicle or in other manner avoid the pursuing law enforcement vehicle when signaled by a siren or flashing light is prima facie evidence of a violation of this section. Failure to see the flashing light or hear the siren does not excuse a failure to stop when the distance between the vehicles and other road conditions are such that it would be reasonable for a driver to hear or see the signals from the law enforcement vehicle.

(B) A person who violates the provisions of subsection (A):

(1) for a first offense where no great bodily injury or death resulted from the violation, is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or imprisoned for not less than ninety days nor more than three years. The department must suspend the person's driver's license for at least 30 days may be suspended for a period not to exceed one year; or

(2) for a second or subsequent offense where no great bodily injury or death resulted from the violation, is guilty of a felony and, upon conviction, must be imprisoned for not more than five years. Notwithstanding any other provision of law, the The person's driver's license must be suspended revoked by the department for a period of one year from the date of the conviction.

(C) A person who violates the provisions of subsection (A) and when driving performs an act forbidden by law or neglects a duty imposed by law in the driving of the vehicle:

(1) where great bodily injury resulted, is guilty of a felony and, upon conviction, must be imprisoned for not more than ten years; or

(2) where death resulted, is guilty of a felony and, upon conviction, must be imprisoned for not more than twenty-five years.

(D) The department must suspend revoke the driver's license of any person who is convicted, pleads guilty, or nolo contendere pursuant to subsection (C)(1) or (C)(2) for a period to include any term of imprisonment, suspended sentence, parole, or probation, plus three years.

(E) `Conviction' means any conviction, guilty plea, or plea of nolo contendere.

(G)(F) After a conviction pursuant to subsection (B)(1) for a first offense, the person may, after three years from the date of completion of all terms and conditions of his sentence for the first offense, apply, or cause someone acting on his behalf to apply, to the court for an order expunging the records of the arrest and conviction. This provision does not apply to any crime classified as a felony. If the person has had no other conviction during the three-year period following the completion of the terms and conditions of the sentence, the court shall issue an order expunging the records. No person has any rights under this section more than one time. After the expungement, the South Carolina Law Enforcement Division is and the Department of Public Safety are required to keep a nonpublic record of the offense and the date of its expungement to ensure that no person takes advantage of the rights permitted by this subsection more than once. This nonpublic record is not subject to release under the Freedom of Information Act or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this subsection from being taken advantage of more than once."

SECTION . Section 56-5-765 of the 1976 Code, as last amended by Act 138 of 1995, is further amended to read:

"Section 56-5-765. (A) When a motor vehicle or motorcycle of a law enforcement agency, except a motor vehicle or motorcycle operated by the South Carolina Department of Public Safety department, is involved in a traffic collision that results in an injury or a death, or involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved, the State Highway Patrol shall investigate the collision and file a report with findings on whether the agency motor vehicle or motorcycle was operated properly within the guidelines of appropriate statutes and regulations.

(B) When a motor vehicle or motorcycle of the Department of Public Safety department is involved in a traffic collision that results in an injury or a death, or involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved, the sheriff of the county in which the collision occurred shall investigate the collision, regardless of whether the collision occurred within an incorporated jurisdiction, and file a report with findings on whether the

(C) A law enforcement department or agency may not investigate collisions in which a motor vehicle or an employee of that department or agency is involved that results in an injury or a death, or involves a privately-owned motor vehicle or motorcycle, regardless of whether another motor vehicle or motorcycle is involved."

SECTION . Section 56-5-1270 of the 1976 Code is amended to read:

"Section 56-5-1270. The operator or owner of a motor vehicle involved in an accident resulting in injury to or death of any person or total property damage to an apparent extent of four hundred one thousand dollars or more which was not investigated by a law enforcement officer, within fifteen days after the accident, shall forward a written report and verification of liability insurance coverage of the accident to the Department department, the proof and report to be in a manner prescribed by the Department department. The completed and verified form must be returned by the operator or owner to the Department department within fifteen days from the accident date. Failure to forward the accident report verified in the proper manner in respect to liability insurance coverage for the operation of the vehicle involved in the accident is prima facie evidence that the vehicle was uninsured.

Every law enforcement officer who, in the regular course of duty, investigates a motor vehicle accident that results in injury to or death of any person or total property damage to an apparent extent of one thousand dollars or more either at the time of and at the scene of the accident or after the accident by interviewing participants or witnesses, within twenty-four hours after completing the investigation, shall must forward a written report of the accident to the Department including the names of interviewed participants and witnesses. If a two-wheeled motorized vehicle is involved in the accident and the operator or a passenger of the vehicle suffers a head injury the injury must be indicated on the report."

SECTION . Section 56-5-1350 of the 1976 Code is amended to read:

"Section 56-5-1350. The Department shall department must tabulate and may analyze all accident reports as required in Section 56-5-1270 and shall publish annually or at more frequent intervals statistical information based thereon as to the number and circumstances of traffic accidents."

SECTION . Section 56-5-2585 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-5-2585. Disabled veterans shall be exempt from the payment of municipal parking meter fees when their vehicles bear a

SECTION . Section 56-5-2980 of the 1976 Code is amended to read:

"Section 56-5-2980. In all trials and proceedings in any court of this State, wherein in which the defendant is charged with violation of Section 56-5-2920 or 56-5-2930, which forbid the operation of a vehicle in a reckless manner or by one while under the influence of intoxicants, drugs or narcotics, photostatic, optical disk, or other copies of the reports required to be filed with the motor vehicle division of the Department department pursuant to Section 56-5-2970 of this State, when such copies are duly certified by the director of the motor vehicle division department or his designee as true copies of the original on file therewith, shall be deemed prima facie evidence of the information contained on such reports for the purpose of showing any previous conviction, plea of guilty or nolo contendere or forfeiture of bond of or by the defendant in any other court. But, the accused may stipulate with the solicitor that the charge constitutes a second or further offense, in which event the indictment shall not contain allegations of prior offenses, nor shall evidence of such prior offenses be introduced."

SECTION . Section 56-5-2990 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-5-2990. The department shall suspend the driver's license of any person who is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the violation of Section 56-5-2930 or for the violation of any other law or ordinance of this State or of any municipality of this State that prohibits any person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics for six months for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail, one year for the second conviction, plea of guilty or of nolo contendere, or forfeiture of bail, two years for the third offense, three years for the fourth offense, and a permanent revocation of the driver's license for fifth and subsequent offenses. Only those violations which occurred within ten years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section. Any person whose license is revoked following conviction for a fifth offense as provided in this section is forever barred from being issued any license by the Department of Revenue and Taxation department to operate a motor vehicle.

Any person whose license is suspended under the provisions of this section must be notified of suspension by the department of the

The department and the Commission on Alcohol and Drug Abuse Department of Alcohol and Other Drug Abuse Services shall develop procedures necessary for the communication of information pertaining to relicensing or otherwise. Such procedures must be consistent with the confidentiality laws of the State and the United States. Successful completion of education, treatment services, or both, for purposes of receiving a provisional driver's license as stipulated in Section 56-1-1330 may be substituted in lieu of services received under the authority of this section at the discretion of the applicant. If the driver's license of any person is suspended by authority of this section, no insurance company may refuse to issue insurance to cover the remaining members of his family, but the insurance company is not liable for any actions of the

SECTION . Section 56-5-3750(A) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(A) A person who sells, solicits, or advertises the sale of mopeds clearly and conspicuously shall label each moped with its specifications including, but not limited to, the brake horsepower of the motor and the maximum speed of the vehicle on level ground. The seller also shall attach a metal identification plate to each moped without pedals identifying the vehicle as a moped. This plate must be designed by the Department of Revenue and Taxation department and must display information the department considers necessary for enforcement purposes. The plate must be displayed permanently on each moped without pedals and must not be removed. A seller of mopeds who fails to label a moped, fails to attach a metal identification plate to a moped without pedals, knowingly labels a motorcycle or motor-driven cycle as a moped, or attaches a metal identification plate to a motorcycle or motor-driven cycle identifying the vehicle as a moped is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days."

SECTION . Section 56-5-4035 of the 1976 Code is amended to read:

"Section 56-5-4035. The Department of Transportation may, under such terms and conditions as it may deem to be in the public interest for safety on the highways and in addition to any other permits required by Title 56, issue annual permits for vehicles transporting culvert pipe on public highways. No permit shall be issued for loads exceeding a width of one hundred six inches, exclusive of safety devices approved by the Department department. The fee for each permit shall be fifteen dollars for each vehicle hauling such loads. The Department may promulgate regulations to carry out the provisions of this section.

Any person violating the provisions of this section or any regulation promulgated by authority hereof shall be deemed guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed two hundred dollars or imprisoned for a term not to exceed thirty days."

SECTION . Section 56-5-4070(B) of the 1976 Code, as last amended by Act 511 of 1994, is further amended to read:

"(B) No motor vehicle, exclusive of truck tractors being used in two or three unit combinations on the National System of Interstate and Defense Highways, on those qualifying federal-aid highways so designated by the United States Secretary of Transportation, and on other highways

SECTION . That portion of the first paragraph preceding item (a) of Section 56-5-4075 of the 1976 Code, as last amended by Act 181 of 1993, is amended to read:

"The Department of Public Safety, department and the Department of Transportation, and the Department of Revenue and Taxation may promulgate regulations as necessary to implement the provisions of this article. Regulations may be promulgated to make designations as are necessary to provide for those vehicles which operate on the National System of Interstate and Defense Highways and "other qualifying highways" pursuant to Sections 56-5-4030 and 56-5-4070 reasonable access to:"

SECTION . Section 56-5-4095 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-5-4095. An official of the Department of Revenue and Taxation Department of Transportation designated by the director, in his discretion, upon application in writing and good cause being shown, may issue to a vehicle a permit in writing authorizing the applicant to operate or move upon the state's public highways a motor vehicle and loads for transporting not more than two modular housing units or sectional housing units if the total length of the vehicle, including the load, does not exceed the length presently authorized by law and regulation for the transporting of mobile homes. No permit may be issued to any vehicle whose operation upon the public highways of this State threatens the safety of others or threatens to unduly damage a highway or any of its appurtenances."

SECTION . Section 56-5-4140 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(1)(a) The gross weight of a vehicle or combination of vehicles, operated or moved upon any interstate, highway or section of highway other than the Interstate System, shall not exceed:

(a)(1) Single-unit vehicle with two axles. . . . .35,000 lbs.

(b)(2) Single-unit vehicle with three axles. . . . .46,000 lbs.

(c)(3) Single-unit vehicle with four or more axles. . . . .63,000 lbs.

(d)(4) Combination of vehicles with three axles. . . . .50,000 lbs.

(e)(5) Combination of vehicles with four axles. . . . .65,000 lbs.

(f)(6) Combination of vehicles with five or more axles. . . . .73,280 lbs.

The gross weight imposed upon the any highway or section of highway other than the interstate by two or more consecutive axles in tandem articulated from a common attachment to the vehicle and spaced not less than forty inches nor more than ninety-six inches apart shall not exceed thirty-six thousand pounds, and no one axle of any such group of two or more consecutive axles shall exceed the load permitted for a single axle. The load imposed on the highway by two consecutive axles, individually attached to the vehicle and spaced not less than forty inches nor more than ninety-six inches apart, shall not exceed thirty-six thousand pounds and no one axle of any such group of two consecutive axles shall exceed the load permitted for a single axle. The gross weight imposed upon the highway by all axles of a single-unit vehicle with four or more axles shall not exceed the following:

Distance between the

extremes of the front. . . . .Maximum

and rear axles measured. . . . .Gross

to the nearest foot. . . . .Weight

At least 12 feet. . . . .50,000

At least 13 feet. . . . .50,000

At least 14 feet. . . . .51,500

At least 15 feet. . . . .52,000

At least 16 feet. . . . .52,500

At least 17 feet. . . . .53,500

At least 18 feet. . . . .54,000

At least 19 feet. . . . .54,500

At least 20 feet. . . . .55,500

At least 21 feet. . . . .56,000

At least 22 feet. . . . .56,500

At least 23 feet. . . . .57,500

At least 24 feet. . . . .58,000

At least 25 feet. . . . .58,500

At least 26 feet. . . . .59,500

At least 27 feet. . . . .60,000

At least 28 feet. . . . .60,500

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