Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index

| Printed Page 3580, May 14 | Printed Page 3600, May 14 |

Printed Page 3590 . . . . . Tuesday, May 14, 1996

At least 29 feet. . . . .61,500

At least 30 feet. . . . .62,000

At least 31 feet. . . . .62,500

At least 32 feet. . . . .63,500

(2)(a) Except as permitted in (b) of this subitem, the maximum permissible gross weight which may be imposed upon any highway or section of highway in the Interstate System is prescribed by this section. The overall maximum gross weight of a vehicle or combination of vehicles may not exceed:

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

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

(3) Single-unit vehicle with four or more axles . . . . .63,500 lbs

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

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

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

The overall maximum gross weight of single unit vehicles with four or more axles may 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. . . . .50,500

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

At least 29 feet. . . . .61,500

At least 30 feet. . . . .62,000


Printed Page 3591 . . . . . Tuesday, May 14, 1996

At least 31 feet. . . . .62,500

At least 32 feet. . . . .63,500

The ten percent enforcement tolerance specified in Section 56-5-4160 applies to the vehicle weight limits specified in this subsection section except, the gross weight on a single axle operated on the interstate may not exceed 20,000 pounds, including all enforcement tolerances; the gross weight on a tandem axle operated on the interstate may not exceed 35,200 pounds, including all enforcement tolerances; and the overall gross weight for vehicles operated on the interstate may not exceed 75,185 pounds, including all enforcement tolerances except as provided in (b).

(b) Vehicles with an overall maximum gross weight in excess of 75,185 pounds may operate upon any highway or section of highway in the Interstate System up to an overall maximum of 80,000 pounds in accordance with the following:

The weight imposed upon the highway by any group of two or more consecutive axles may not, unless specially permitted by the Department of Revenue and Taxation, department exceed an overall gross weight produced by the application of the following formula:

W=500 (LN/N-1 + 12N + 36)

In the formula W equals overall gross weight on any group of two or more consecutive axles to be nearest 500 pounds, L equals distance in feet between the extreme of any group of two or more consecutive axles, and N equals number of axles in the group under consideration.

As an exception, two consecutive sets of tandem axles may carry a gross load of 68,000 pounds if the overall distance between the first and last axles of the consecutive sets of tandem axles is 36 feet or more. Additionally, the gross weight imposed upon the highway by any one axle of a vehicle may not exceed 20,000 pounds, and the gross weight imposed upon the highway by any group of two or more axles spaced not less than forty nor more than ninety-six inches apart (tandem axle) may not exceed 34,000 pounds, and the overall maximum gross weight except for those vehicles which have been issued special permits by the Department of Revenue and Taxation, may not exceed 80,000 pounds. The formula is expressed by the following table:


Printed Page 3592 . . . . . Tuesday, May 14, 1996

Distance in feet

between the extremes Maximum load in pounds

of any group of 2 or carried on any group of 2

more consecutive axles or more consecutive axles

2 3 45 6 7

axles axles axles axles axles axles
4 34,000

35,200
5 34,000

35,200
6 34,000

35,200
7 34,000

35,200
8 and less 34,000 34,000

35,200 35,000
more than 8 38,000 42,000
8 34,000 34,000

35,200 35,200
9 39,000 43,000
10 40,000 43,500
11 44,500
12 45,000 50,000
13 46,000 50,500
14 46,500 51,500
15 47,500 52,000
16 48,000 52,500 58,000
17 49,000 53,500 58,500
18 49,500 54,000 59,500
19 50,500 54,500 60,000
20 51,000 55,500 60,500 66,000
21 52,000 56,000 61,000 66,500
22 52,500 56,500 62,000 67,000
23 53,500 57,500 62,500 68,000
24 54,000 58,000 63,000 68,500 74,000
25 55,000 58,500 63,500 69,000 74,500
26 55,500 59,500 64,500 69,500 75,000
27 56,500 60,000 65,000 70,000 75,500
28 57,000 60,500 65,500 71,000 76,500
29 58,000 61,500 66,000 71,500 77,000
30 58,500 62,000 67,000 72,000 77,500


Printed Page 3593 . . . . . Tuesday, May 14, 1996

31 59,500 62,500 67,500 72,500 78,000
32 60,000 63,500 68,000 73,000 78,500
33 64,000 68,500 74,000 79,000
34 64,500 69,500 74,500 80,000
35 65,500 70,000 75,000
36 68,000 70,500 75,500
37 68,000 71,000 76,000
38 68,000 72,000 77,000
39 68,000 72,500 77,500
40 68,500 73,000 78,000
41 69,500 73,500 78,500
42 70,000 74,500 79,000
43 70,500 75,000 80,000
44 71,500 75,500
45 72,000 76,000
46 72,500 77,000
47 73,500 77,500
48 74,000 78,000
49 74,500 78,500
50 75,500 79,500
51 76,000 80,000
52 76,500
53 77,500
54 78,000
55 78,500
56 79,500
57 80,000

Enforcement tolerances allowed in Section 56-5-4160 do not apply to vehicles with an overall gross weight in excess of 75,185 pounds.
(c) Until September 1, 1988, there is a moratorium on enforcement of the 34,000 pound tandem axle limit for vehicles operating on the Interstate System in South Carolina within a gross weight of 75,185 and 80,000 pounds to the extent that the vehicles may carry up to 35,200 pounds on a tandem axle or on each tandem axle within a series of tandem axles. As of September 1, 1988, the moratorium on enforcement referred to in this paragraph shall lapse.

Until September 1, 1988, the federal bridge formula may not be enforced so as to reduce the 35,200 pound tandem axle limit permitted pursuant to paragraph 1 of this item (c) of subsection (2).

Until September 1, 1988, for the five categories of carriers set forth in this paragraph which are operating within a gross vehicle weight of 75,185


Printed Page 3594 . . . . . Tuesday, May 14, 1996

and 80,000 pounds on Interstate Highways within South Carolina, there is a moratorium on enforcement of inner bridge measurements under the federal bridge formula. The five categories of carriers are:

(a) five axle vehicles or combinations of vehicles designed solely for transportation of liquids or tankers designed for bulk hauling;

(b) five axle dump trucks with a tandem axle configuration;

(c) five axle vehicles engaged in the transportation of construction materials;

(d) vehicles transporting raw or unprocessed agricultural or forest products;

(e) any intermodal ocean containers. This moratorium shall lapse on September 1, 1988.

After September 1, 1988, both the 34,000 pound tandem axle limit and the federal bridge formula established by 23 U.S.C. Section 127 must be enforced in their entirety for all vehicles operating on Interstate Highways within South Carolina within a gross vehicle weight of 75,185 and 80,000 pounds. Any moratorium on enforcement granted by this stipulation shall lapse as of September 1, 1988.
(3)(2) Except on the interstate highway system:

(a) Dump trucks, dump trailers, trucks carrying agricultural products, concrete mixing trucks, fuel oil trucks, line trucks, and trucks designated and constructed for special type work or use, including, but not limited to, well-drilling and boring rigs, are not required to conform to the axle spacing requirements of this section but. However, the vehicle is limited to a weight of twenty-five twenty thousand pounds per for each axle plus scale tolerances and the maximum gross weight of these vehicles may not exceed the maximum weight allowed by this section for the appropriate number of axles, irrespective of the distance between axles, plus allowable scale tolerances.

(b) Concrete mixing trucks which operate within a fifteen miles mile radius of their home base and well-drilling and boring rigs which operate seventy-five miles of their home base are not required to conform to the requirements of this section but. However, these vehicles are limited to a maximum load of the rated capacity of the concrete mixer, the true gross load not to exceed seventy sixty-six thousand pounds. All of these vehicles shall have at least three axles each with brake-equipped wheels.

(c) Well-drilling, boring rigs, and tender trucks are not required to conform to the axle spacing requirements of this section. However, the vehicle is limited to seventy thousand pounds gross vehicle weight and twenty-five thousand pounds for each axle plus scale tolerances."


Printed Page 3595 . . . . . Tuesday, May 14, 1996

SECTION . Section 56-5-4150 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-5-4150. The Department of Revenue and Taxation department upon registering a vehicle, under the laws of this State, which is designed and used primarily for the transportation of property or for the transportation of ten or more persons, may require information and may make investigation or tests necessary to enable it to determine whether the vehicle may be operated safely upon the highways in accordance with all the provisions of this chapter. The Department of Revenue and Taxation department may register the vehicle for a load capacity which, added to the empty or unloaded weight of the vehicle, will result in a permissible gross weight not exceeding the limitations set forth in this chapter. It is unlawful for a person to operate a vehicle or combination of vehicles with a load capacity in excess of that for which it is registered by the Department of Revenue and Taxation department or in excess of the limitations set forth in this chapter. A person making application for a `farm truck' license shall declare in the form prescribed by the Department of Revenue and Taxation department the true unloaded or empty weight of the vehicle and shall stencil or mark in a conspicuous place on the left side of the vehicle the true unloaded or empty weight if the unloaded or empty weight is over five thousand pounds.

A private motor truck or truck tractor of more than twenty-six thousand pounds gross weight and a for-hire motor truck or truck tractor must have the name of the registered owner or lessor on the side clearly distinguishable at a distance of fifty feet. These provisions do not apply to two-axle straight trucks hauling raw farm and forestry products. A truck operating pursuant to the federal motor carrier safety regulations may operate with the owner's, lessor's, or lessee's name as required."

SECTION . The first undesignated paragraph of Section 56-5-4160(E) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Magistrates have jurisdiction of all contested violations of this section. All monies collected pursuant to Section 56-5-4160 must be forwarded to the department as provided for in this section. A magistrate, within forty-five days, must forward all monies collected to the department for deposit in the state general fund account established in this section. The department shall use these monies to establish and maintain an automated data base to collect, manage, and retain information required on the uniform size and weight citation, purchasing bases, to upgrade and refurbish existing weigh stations, to purchase and maintain portable scales, upgrading and refurbishing existing weigh stations, including adequate


Printed Page 3596 . . . . . Tuesday, May 14, 1996

night lighting for enforcement activities, to hire additional other funded troopers or officers, to purchase equipment, and to procure other safety measures that the department considers necessary. The fine may be deposited with the arresting officer or a person the department may designate. The fine must be deposited in full or other arrangements satisfactory to the department for payment must be made before the operator is allowed to move the vehicle. If there is no conviction, the fine must be returned to the owner promptly."

SECTION . Section 56-5-4192 of the 1976 Code, ad added by Act 439 of 1994, is further amended to read:

"Section 56-5-4192. Open-end permits issued pursuant to the provisions of Chapter 5 3, Title 56 57 shall authorize the movement of a mobile home on the highways of this State on a Saturday."

SECTION . Section 56-5-4720 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-5-4720. Notwithstanding the provisions of Section 56-5-4700, any department Department of Transportation vehicle may use oscillating, rotating or flashing red lights during any emergency. The department Department of Transportation personnel shall determine when an emergency exists."

SECTION . Section 56-5-4880(b) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(b) The Department of Revenue and Taxation department may refuse to register or may suspend or revoke the registration of any vehicle referred to in this section when it determines that the braking system thereon does not comply with the provisions of this section."

SECTION . Section 56-5-5010 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-5-5010. No person shall sell any new motor vehicle nor shall any new motor vehicle be registered unless such vehicle is equipped with safety glass wherever glass is used in doors, windows and windshields. The foregoing provisions shall apply to all passenger-type motor vehicles, including passenger buses and school buses. But in respect to trucks, including truck tractors, the requirements as to safety glass shall apply to all glass used in doors, windows and windshields in the drivers' compartments of such vehicles.

The Department of Revenue and Taxation department shall not register any motor vehicle which is subject to the provisions of this section unless it is equipped with an approved type of safety glass and the Department of Revenue and Taxation department may thereafter suspend the registration of any motor vehicle so subject to this section which it finds


Printed Page 3597 . . . . . Tuesday, May 14, 1996

is not so equipped until it is made to conform to the requirements of this section."

SECTION . Section 56-5-5670(a) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(a) Any demolisher who purchases or otherwise acquires a vehicle for purposes of wrecking, dismantling or demolition shall not be required to obtain a certificate of title for such vehicle in his own name. After the vehicle has been demolished, processed, or changed so that it physically is no longer a motor vehicle, the demolisher shall surrender for cancellation the certificate of title or auction sales receipt or disposal authority certificate. The Department of Revenue and Taxation department shall issue such forms, rules and regulations governing the surrender of auction sales receipts, disposal authority certificates, and certificates of title as are appropriate."

SECTION . Section 56-5-5810 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-5-5810. For the purposes of this article:

(a) `Officer' means any state, county or municipal law enforcement officer, including county and municipal sanitation officers.

(b) `Motor vehicle' means every device by which a person or property may be transported or drawn upon a highway by mechanical means.

(c)(b) `Abandoned vehicle' means a motor vehicle required to be registered in this state if operated on a public highway in this state that is inoperable or is left unattended on a highway for more than forty-eight hours, on public property for more than seventy-two hours, or a motor vehicle that has remained illegally on private or other public property for a period of more than seven days without the consent of the owner or person in control of the property.

(d)(c) `Derelict vehicle' means a motor vehicle required to be registered in this state if operated on a public highway in this State:

(1) whose certificate of registration has expired and the registered and legal owner no longer resides at the address listed on the last certificate of registration on record with the Department of Revenue and Taxation, department or

(2) whose motor or other major parts have been removed so as either to render the motor vehicle inoperable and incapable of passing inspection as required under existing standards; or the operation of which would violate Section 56-5-4410 or

(3) whose manufacturer's serial plates, motor vehicle identification numbers, license number plates and any other means of identification have


Printed Page 3598 . . . . . Tuesday, May 14, 1996

been removed so as to nullify efforts to locate or identify the registered and legal owner; or

(4) whose registered and legal owner of record disclaims ownership or releases his rights thereto; or

(5) which is more than seven eight years old and does not bear a current license registration as required by the Department of Revenue and Taxation.

(e)(d) `Demolisher' means any person, firm or corporation whose business is to convert a motor vehicle into processed scrap or scrap metal or otherwise to wreck or dismantle such a motor vehicle.

(f)(e) `Director' means the Director of the Department of Revenue and Taxation.

(g) `Department' means the Department of Public Safety.

(h) `Colored tag' means any type of notice affixed to an abandoned or derelict motor vehicle advising the owner or the person in possession that it has been declared an abandoned or derelict motor vehicle and will be treated as such. The tag shall be of sufficient size to be easily discernable and shall contain such information as the director department deems necessary to carry out the provisions of this article.

(f) `Demolisher' means any person whose business is to convert a vehicle into processed scrap or scrap metal for recycling purposes or otherwise to wreck or dismantle vehicles.

(i) `Vehicle recycling' means the process whereby discarded motor vehicles are collected and then processed by shredding, bailing or shearing to produce processed scrap iron and steel.

(j)(g) `Salvage yard' means a business or a person who holds a license issued by the Department of Revenue and Taxation State required of all retailers, possesses ten or more derelict motor vehicles, and regularly engages in buying and or selling used motor vehicle parts and owns the necessary equipment to transport wrecked and derelict motor vehicles."

SECTION . The 1976 Code is amended by adding:

"Section 56-5-5820. Abandoned and derelict vehicles constitute a hazard to the health and welfare of the people in the State in that such vehicles can harbor noxious diseases, furnish shelter and breeding places for vermin, and present physical dangers to the safety and well being of children and other citizens. It is therefore in the public interest that the present accumulation of abandoned and derelict vehicles be eliminated and that the future abandonment of such vehicles be prevented."

SECTION . Section 56-5-5840 of the 1976 Code is amended to read:

"Section 56-5-5840. All abandoned and derelict motor vehicles shall be subject to removal from public or private property and disposed of in


Printed Page 3599 . . . . . Tuesday, May 14, 1996

accordance with the provisions of this article; provided, that all abandoned motor vehicles left on any right-of-way of any road, street or highway for a period of over forty-eight hours shall be removed and disposed of as provided for in Sections 56-5-5610 to 56-5-5680."

SECTION . Section 56-5-5850 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-5-5850. (a) When any motor vehicle is derelict or abandoned left unattended on a highway or on other public or private property without the consent of the owner or person in control of the property, the director shall cause an officer may place a colored tag to be placed on the motor vehicle which shall be notice to the owner, the person in possession of the motor vehicle or any lien holder that it is may be considered to be derelict or abandoned and is subject to forfeiture to the State.

(b) If the motor vehicle is determined to be valued at less than one hundred dollars, the tag shall so state and shall serve as the only legal notice that unless the motor vehicle is removed within seven days from the date of the tag, it shall become property of the State, shall be removed and sold for recycling purposes and all proceeds derived from the sale shall be deposited into the state general fund established for the purpose of administering the provisions of this article.

(c) If the value of the motor vehicle is determined to be more than one hundred dollars, the The colored tag shall so state and shall serve as the only legal notice that, if the vehicle is not removed within:

(1) forty-eight hours if located on a highway, or

(2) seven days if located on other public or private property from the date of the tag, that it will be removed to a designated place to be sold. After the motor vehicle is removed, the director political subdivision employing the officer who affixed the colored tag shall notify in writing by registered or certified mail, return receipt requested, the person in whose name the motor vehicle was last registered at the last address reflected in the department's records and to any lienholder of record., by registered or certified mail, return receipt requested, Notification shall include that the motor vehicle is being held, designating the place where it is being held and that if it is not redeemed within thirty days from the date of the notice by paying all cost of removal and storage, it shall be sold for recycling purposes or for such other purposes as the director political subdivision deems advisable to ensure obtaining the highest possible return from the sale. The proceeds of the sale shall be deposited in the state general fund established for the purposes of administering the provisions of this article of the political subdivision.


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