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 3590, May 14 | Printed Page 3610, May 14 |

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(d)(c) If the value of the motor vehicle is determined to be more than one hundred dollars and if the identity of the last registered owner cannot be determined or if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identification and addresses of any lien holders, notice by one publication in a newspaper of general circulation in the area where the motor vehicle was located shall be sufficient to meet all requirements of notice pursuant to this article. The notice of publication may contain multiple listings of motor vehicles. Twenty days after date of publication the an advertised motor vehicle may be sold. The proceeds of such sale shall be deposited in the state general fund established for the purpose of administering the provisions of this article.

(e)(d) Any notice sent by mail or any newspaper notice published under the provisions of this section shall contain the following if it is obtainable: the year, make, model and serial number of the abandoned motor vehicle. It shall also set forth where the vehicle is being held; inform the owner and any lienholders of the right to reclaim the vehicle within thirty days after the date of the notice upon payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody; include the date, time, and place of the proposed sale; the name, address, and telephone number of the person responsible for the sale; and state that the failure of the owner or lienholders to exercise their right to reclaim the vehicle within the time provided is a waiver by the owner and all lienholders of all right, title, and interest in the vehicle and consent to the sale of the vehicle.

(f)(e) All officers defined in this article may appraise or determine the value of derelict or abandoned motor vehicles for the purposes of this article. The purchaser of a vehicle which has not been reclaimed shall take title free and clear of all liens and claims of ownership, shall receive a sales receipt from the selling agency, as appropriate, and shall be entered to register the purchased vehicle and receive a certificate of title. The sales receipt shall be sufficient to transfer the vehicle to a demolisher for demolition, wrecking or dismantling, and no further titling of the vehicle shall be necessary. The expenses of the auction, the costs of towing, preserving and storing the vehicle which resulted from placing the vehicle in custody, and all notice and publication costs incurred, shall be reimbursed from the proceeds of the sale of the vehicle. Any remainder from the proceeds of the sale shall be deposited in the general fund of the state, county, or municipality, as applicable."

SECTION . Section 56-5-5870 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:


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"Section 56-5-5870. The director department, or any county or municipality may contract with any federal, other state, county or municipal authority or private enterprise for tagging, collection, storage, transportation or any other services necessary to prepare derelict or abandoned motor vehicles for recycling or other methods of disposal. Publicly owned properties, when available, shall be provided as temporary collecting areas for the motor vehicles defined herein. The director may sell derelict or abandoned motor vehicles or if he deems it more advisable, may contract with private enterprises for the purchase of such motor vehicles for recycling."

SECTION . Section 56-5-5880 of the 1976 Code is amended to read:

"Section 56-5-5880. All officers, agents and employees of the Department and employees or and agents of any person under contract with the Department department, county or municipality, are authorized to go on public or private property for the purposes of enforcing this article. No agent or employee of any Federal, State, county or municipal government or other political subdivision, no person or occupant of the premises from which any derelict or abandoned motor vehicle shall be removed, nor any person or firm contracting for the removal of or disposition of any such motor vehicle shall be held criminally or civilly liable in any way arising out of or caused by carrying out or enforcing any provisions of this article unless such person is guilty of willfulness, wantoness wantonness or recklessness."

SECTION . Section 56-5-5890 of the 1976 Code is amended to read:

"Section 56-5-5890. In removing the abandoned and derelict cars vehicles, the enforcing agency will do so without willfully harming or damaging the property on which said junk car or cars the vehicles are situate located."

SECTION . Section 56-5-5900 of the 1976 Code is amended to read:

"Section 56-5-5900. No lienholder shall be subject to any penalty imposed by law in this State for abandonment unless the motor vehicle is abandoned by the lienholder or his agent or servant. No owner of a motor vehicle which has been stolen and thereafter abandoned, as defined by this article, shall be liable for any charges or penalties imposed herein. A motor vehicle shall be deemed to be stolen when the owner notifies a police law enforcement officer of this State or another state and such report is accepted and carried on the records of the sheriff, chief of police or department agency receiving the report as a stolen motor vehicle."

SECTION . Section 56-5-5910 of the 1976 Code is amended to read:

"Section 56-5-5910. It shall be unlawful for any person to tamper with, remove or destroy any colored tag placed on any motor vehicle in


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compliance with this article and any person found guilty of this provision shall, upon conviction, be subject to a fine not exceeding one five hundred dollars."

SECTION . Section 56-5-5920 of the 1976 Code is amended to read:

"Section 56-5-5920. The provisions of this article shall not apply to motor vehicles housed or protected from the elements, those classified as antiques and registered pursuant to Sections 56-3-2210 and 56-3-2220, those exempted from registration pursuant to Section 56-3-120, those motor vehicles reported as stolen in accordance with Section 56-5-5900, unless any such motor vehicle presents some an immediate safety or health hazard or constitutes a nuisance."

SECTION . Section 56-5-5940 of the 1976 Code is amended to read:

"Section 56-5-5940. (a) Seizure, sale or disposal of an abandoned or derelict motor vehicle in a manner inconsistent with the provisions of this article shall constitute conversion for which the owner shall have redress in any court of competent jurisdiction.

(b) Any person or unit of government upon whose property or in whose possession is found an abandoned or derelict vehicle may apply to the sheriff or chief of police of the jurisdiction in which the vehicle is located to implement the procedures outlined in this article, and the sheriff or chief of police shall tag the vehicle and dispose of the vehicle pursuant to this chapter."

SECTION . The 1976 Code is amended by adding:

"Section 56-5-5945. (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 vehicle, the demolisher shall surrender for cancellation the certificate of title or sales receipt issued under Section 56-5-5850.

(b) A demolisher shall keep an accurate and complete record of all vehicles purchased or received by him in the course of his business. These records shall contain the name and address of the person from whom each vehicle was purchased or received and the date when such purchases or receipts occurred. The records shall be open for inspection by any law enforcement officer at any time during normal business hours. Any record required by this section shall be kept by the demolisher for at least one year after the transaction to which it applies."

SECTION . Section 56-5-5950 of the 1976 Code is amended to read:

"Section 56-5-5950. After July 1, 1974, any A person who abandons a motor vehicle either on public or private property shall be guilty of a


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misdemeanor and upon conviction shall be fined not more than one five hundred dollars, and shall pay all costs of having such abandoned motor vehicle removed, stored and sold as provided for in Section 56-5-5850. All such motor vehicles shall be removed and disposed of in accordance with Sections 56-5-5850 and 56-5-5860."

SECTION . Section 56-5-6230 of the 1976 Code is amended to read:

"Section 56-5-6230. Any magistrate's court, municipal court, or other court of competent jurisdiction must notify the South Carolina Department of Highways and Public Transportation department when any person charged with a traffic violation in such court upon conviction or other plea has paid the fine therefor, or forfeited the bond previously posted."

SECTION . The last two paragraphs in Section 56-7-10 of the 1976 Code, as last amended by Act 181 of 1993 are further amended to read:

"No other ticket may be used for these offenses. The service of the uniform traffic ticket shall vest all traffic, recorders', and magistrates' courts with jurisdiction to hear and to dispose of the charge for which the ticket was issued and served. This ticket will be designed by the department and approved by the Attorney General within thirty days of submission by the department. A law enforcement agency may automate the issuance of a uniform ticket if approved by the department.

For purposes of this chapter `department' means Department of Public Safety."

SECTION . Section 56-7-12(A) and (C) of the 1976 Code, as added by Act 181 of 1993, are amended to read:

"(A) When the operator or owner of an individual private passenger automobile as defined in Section 38-77-30(5.5) is issued a traffic ticket for a moving violation by a law enforcement officer, he must may be furnished a written request form to be completed by him and his insurance company or the agent issuing the policy to verify liability insurance coverage. The form must be in a manner prescribed by regulation of the Department of Highways and Public Transportation department.

(C) The director of the motor vehicle division or his designee of the department shall waive the reinstatement fee or per diem fine, or both, imposed upon the owner or operator of the motor vehicle pursuant to this section for his failure to complete and return the insurance verification form if he has liability insurance coverage when determined to be uninsured by the department. The director or his designee shall document his reasons for waiving the fees or fines in the records of the department."

SECTION . Section 56-9-330 of the 1976 Code is amended to read:

"(1) The department, upon request, and the payment of a fee of two dollars shall furnish any person a certified abstract of the operating record


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of any person subject to the provisions of this chapter, which abstract must also fully designate the motor vehicles, if any, registered in the name of that person, and, if there is no record of any conviction of that person for violating any laws relating to the operation of a motor vehicle or of any injury or damage caused by that person, the department shall so certify. The department, upon request and the payment of a reasonable fee, shall furnish a monthly listing by magnetic or other electronic media of all driver's license numbers that had driving violations posted on their records during the previous month. These abstracts are not admissible as evidence in any action for damages or criminal proceedings arising out of motor vehicle accidents.

(2) The Department shall upon request and the payment of a fee of three dollars furnish any person a copy of a vehicle accident report."

SECTION . The 1976 Code is amended by adding:

"Section 56-9-505. An individual whose driver's license or motor vehicle registration has been suspended for failure to pay property taxes may request that the department waive the financial responsibility requirements provided for in Chapter 9 of Title 56, upon providing proof to the department that such taxes have been paid."

SECTION . Section 56-10-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-10-10. Every owner of a motor vehicle required to be registered in this State shall maintain the security required by Section 56-10-20 with respect to each motor vehicle owned by him throughout the period the registration is in effect. No certificate of registration may be issued or transferred to an owner by the Director of the Department of Revenue and Taxation department unless the owner or prospective owner produces satisfactory evidence that the security is in effect, including the name of the owner's automobile liability insurer, and his signed statement, subject to this state's perjury statutes, that insurance is in place as required by this section."

SECTION . Section 56-10-20 of the 1976 Code, as last amended by Act 181, is further amended to read:

"Section 56-10-20. The security required under this chapter is a policy or policies written by insurers authorized to write such policies in South Carolina providing for at least (1) the minimum coverages specified in Sections 38-77-140 through 38-77-230 and (2) the benefits required under Sections 38-77-240, 38-77-250, and 38-77-260. However, the Director of the Department of Public Safety director or his designee may approve and accept another form of security in lieu of such a liability insurance policy


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if he finds that such other form of security is adequate to provide and does in fact provide the benefits required by this chapter."

SECTION . Section 56-10-40 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-10-40. Every insurer writing automobile liability insurance in this State and every provider of other security approved and accepted by the Director of the Department of Public Safety director or his designee in lieu of such insurance shall immediately notify the Director of the Department of Public Safety department of the lapse or termination of any such insurance or security issued to or provided for a resident of this State in the following circumstances:

(1) the lapse or termination of such insurance or security occurs within three months of issuance provided that this subsection only applies to new policies, and not renewal or replacement policies; or

(2) the lapse or termination occurs after three months for a resident who fails one or more of the objective standards prescribed in Section 38-73-455.

This notification must be in writing or magnetic media in a manner considered satisfactory to the department. Upon receipt of any such notice the Director of the Department of Public Safety department shall make a reasonable effort to notify the person that his certificate of registration has been suspended and shall recover the certificate from such person and the motor vehicle registration plates from the vehicles concerned."

SECTION . Section 56-10-45 of the 1976 Code, as last amended by Act 181 is further amended to read:

"Section 56-10-45. (A) For the purpose of recovering motor vehicle registration plates as required by Section 56-10-40 of the 1976 Code, the Department of Public Safety may contract with or make working arrangements with local law enforcement agencies including sheriffs and municipal law enforcement departments for them to confiscate these plates, upon a contract or working arrangement being agreed to. The local law enforcement agencies are authorized to confiscate these plates. The local law enforcement agencies must be paid for this service in the manner agreed upon between them and the director from funds of the Department of Public Safety which are to be used for this purpose. The Department of Public Safety may enter into agreements with other municipal and county law enforcement agencies for the collection of suspended or revoked drivers licenses, motor vehicle registrations, and motor vehicle plates. The department must assess a fifty dollar fine for each item recovered pursuant to this Section in addition to any other fines assessed. Upon collection, this fine must be returned on a quarterly basis to the


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general fund of the municipality or county which initiated the enforcement action.

(B) Notwithstanding the provisions of subsection (A), local law enforcement agencies including sheriffs and municipal law enforcement agencies are authorized to confiscate motor vehicle registration certificates and plates where the security required by this chapter has lapsed. All motor vehicle registration certificates, and motor vehicle plates, and drivers licenses confiscated or seized pursuant to this section must be returned to the department within fifteen days.

(C) The department shall collect and keep the reinstatement fee as provided in Section 56-10-240 and the per diem fine as provided in Section 56-10-245 upon the reinstatement of tags confiscated by local law enforcement agencies pursuant to this section. Fines collected pursuant to Section 56-10-240, referring to the monetary penalty of a person who is guilty of a misdemeanor for wilful failure to return his motor vehicle license plates and registration, must be paid to the governing body of the local law enforcement agency confiscating the tags and deposited in the general fund of the local governing body. The Executive Director of the Department of Highways and Public Transportation director or his designee shall monthly provide information to local law enforcement agencies, upon request of the local law enforcement agency, on uninsured vehicles."

SECTION . Section 56-10-220 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-10-220. Every person applying for registration for a motor vehicle shall at the time of such registration and licensing declare the vehicle to be an insured motor vehicle under the penalty set forth in Section 56-10-260 and shall execute and furnish to the Department of Revenue and Taxation department his certificate that such motor vehicle is an insured motor vehicle and that he will maintain insurance thereon during the registration period. The certificate must be in the form prescribed by the department. The department may require any registered owner or any applicant for registration and licensing of a motor vehicle declared to be an insured motor vehicle to submit a certificate of insurance executed by an authorized agent or representative of an insurance company authorized to do business in this State. Such certificate must also be in a form prescribed by the department."

SECTION . Section 56-10-240 of the 1976 Code, as last amended by Act 181, is further amended to read:

"Section 56-10-240. (A) If, during the period for which it is licensed, a motor vehicle is or becomes an uninsured motor vehicle, then the


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vehicle owner immediately shall obtain insurance on the vehicle or within five days after the effective date of cancellation or expiration of his liability insurance policy surrender the motor vehicle license plates and registration certificates issued for the motor vehicle. If five working days after the last day to pay an automobile liability insurance premium, whether it is the premium due date or a grace period that is granted customarily or contractually a motor vehicle is an uninsured motor vehicle, the insurer shall give written notice, or notice by magnetic or electronic media in a manner considered satisfactory to the department, within ten days after the five-day period ends, in addition to that notice previously given in accordance with law, by delivery under United States Post Office bulk certified mail, return receipt requested, to the department of the cancellation or refusal to renew under the following circumstances:

(1) the lapse or termination of such insurance or security occurs within three months of issuance provided that this subsection only applies to new policies, and not renewal or replacement policies; or

(2) the lapse or termination occurs after three months for a resident who fails one or more of the objective standards prescribed in Section 38-73-455.

(B) The Department of Revenue and Taxation department, in its discretion, may authorize insurers to utilize alternative methods of providing notice of cancellation of or refusal to renew to the department. The department may not reissue registration certificates and license plates for that vehicle until satisfactory evidence has been filed by the owner or by the insurer who gave the cancellation or refusal to renew notice to the department that the vehicle is insured. Upon receiving information to the effect that a policy is canceled or otherwise terminated on a motor vehicle registered in South Carolina, the department shall suspend the license plates and registration certificate and shall initiate action as required within fifteen days of the notice of cancellation to pick up the license plates and registration certificate. A person who has had his license plates and registration certificate suspended by the department, but who at the time of suspension possesses liability insurance coverage sufficient to meet the financial responsibility requirements as set forth in this chapter, has the right to appeal the suspension immediately to the Director of the Department of Insurance. If the Director of the Department of Insurance determines that the person has sufficient liability insurance coverage, he shall notify the Department of Revenue and Taxation department, and the suspension is voided immediately. The Department of Revenue and Taxation department shall give notice by first class mail of the cancellation or suspension of registration privileges to the vehicle owner at his last


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known address. However, when license plates are surrendered pursuant to this section, they must be forwarded to the Department of Revenue and Taxation office in the county where the person who surrenders the plates resides.

(C) If the vehicle owner unlawfully refuses to surrender the suspended items as required in this article, the department through its designated agents or by request to a county or municipal law enforcement agency may take possession of the suspended license plates and registration certificate and may not reissue the registration until proper proof of liability insurance coverage is provided and until the owner has paid a reinstatement fee of two hundred dollars for the first refusal under this section, and three hundred dollars for each subsequent refusal. A person who voluntarily surrenders his license plates and registration certificate before their suspension shall only be charged a reinstatement fee of five dollars.

(D) A person wilfully failing to return his motor vehicle license plates and registration certificates as required in this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(1) for a first offense, fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for thirty days;

(2) for a second offense, fined two hundred dollars or imprisoned for thirty days, or both;

(3) for a third and subsequent offense, imprisoned for not less than forty-five days nor more than six months.

(E) Only convictions which occurred within ten years including and immediately preceding the date of the last conviction constitute prior convictions within the meaning of this section."

SECTION . Section 56-10-290 of the 1976 Code is amended to read:

"Section 56-10-290. The administration and enforcement of this article must be by the Department of Public Transportation department, and law enforcement officers generally shall also enforce this article within their respective jurisdictions."

SECTION . Title 56 of the 1976 Code is amended by adding:

"CHAPTER 11

Road Tax on Motor Carriers

Article 1

General Provisions

Section 56-11-10. When used in this chapter, the term `motor carrier' means every person who operates or causes to be operated on any highways in this State road tractors, truck tractors, trucks having more than two axles, or passenger vehicles designed to seat more than twenty


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occupants. For the purposes of this section, the federal government, the State, counties, municipalities, churches, and any agents of them, and special mobile equipment as defined in item (11) of Section 56-3-20, must not be deemed `motor carriers.'

Section 56-11-20. The department shall enforce this chapter with respect to the possession of correct registration and display of the proper identification marker. Notwithstanding other provisions of this chapter, the department may enter into an agreement with other states in a registration and identification marker reciprocal agreement known as the International Fuel Tax Agreement (IFTA). Qualified vehicles operating in accordance with this agreement are not required to purchase other fuel markers in member states.

Section 56-11-30. For the purposes of administration and enforcement of this chapter, the provisions of Title 12, wherever applicable, are adopted and made a part of this chapter.

Section 56-11-40. The department and its agents and representatives have the right at any reasonable time to examine the books and records of any motor carrier.

Section 56-11-50. When any person is discovered in this State operating a vehicle in violation of any of the provisions of this chapter, it is unlawful for anyone thereafter to operate the vehicle on the streets or highways in this State except to remove it from the street or highway for the purpose of parking or storing it unless and until a bond in the amount of five hundred dollars is furnished to the department in such form and with such surety or sureties or otherwise as it may prescribe, conditioned upon a proper registration card and identification marker being applied for within ten days and conditioned upon the payment of any taxes, penalties, or interest found to be due pursuant to this chapter.

Section 56-11-60. In lieu of all other penalties and interest provided by law, penalties and interest provided under the International Fuel Tax Agreement apply to all reports filed with the State as a result of the International Fuel Tax Agreement.

Article 3

Registration Card and

Identification Marker

Section 56-11-210. No motor carrier shall operate or cause to be operated in South Carolina any vehicle described in Section 56-11-10 until the motor carrier has secured from the department a registration card and an identification marker for each vehicle.

Section 56-11-220. (A) A motor carrier having infrequent trips into and through the State may obtain a temporary permit good for one motor


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