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S. 956
STATUS INFORMATION
General Bill
Sponsors: Senator Thomas
Document Path: l:\council\bills\swb\6610cm06.doc
Introduced in the Senate on January 10, 2006
Currently residing in the Senate Committee on Transportation
Summary: Drivers' licenses vision requirements
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 11/29/2005 Senate Prefiled 11/29/2005 Senate Referred to Committee on Transportation 1/10/2006 Senate Introduced and read first time SJ-13 1/10/2006 Senate Referred to Committee on Transportation SJ-13
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 56-1-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VISION SCREENINGS REQUIRED FOR THE RENEWAL OF A DRIVER'S LICENSE, AND PENALTIES FOR OPERATING A MOTOR VEHICLE WHEN ITS OPERATOR'S VISION IS DEFECTIVE, SO AS TO PERMIT A PERSON WHOSE DEGREE OF VISION IS LESS THAN 20/40 BUT BETTER THAN 20/200 TO OBTAIN A DRIVER'S LICENSE AND OPERATE A MOTOR VEHICLE UNDER CERTAIN CIRCUMSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-1-220 of the 1976 Code, as last amended by Act 51 of 2003, is further amended to read:
Section 56-1-220. (A) Vision screenings are required for all persons before having their licenses renewed by the department. The vision screening may be waived upon the submission of a certificate of vision examination dated within the previous twelve months from an ophthalmologist or optometrist licensed in any state.
(B) During the fifth year of a ten-year license, the licensee must submit by mail to the department a certificate from an ophthalmologist or optometrist licensed in any state or appear in person at a department office to complete a vision screening. If a licensee fails to submit a certificate or fails to appear in person, the licensee must be fined fifty dollars. The department shall waive the fine if the person completes the requirements of this section within ninety days after the end of the fifth year of a ten-year license. This fine must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses incurred by this section. Interest accrued by this account must remain in this account.
(C) A vision screening will not be required before October 1, 2008, if a licensee is less than sixty-five years of age, his license expires on his birth date on the fifth calendar year after the calendar year in which it is issued, and his license is renewed for an additional five years by mail or electronically. If a licensee is sixty-five years of age or older and his license expires on his birth date on the fifth calendar year after the calendar year in which it is issued, then he may renew his license by mail for an additional five years upon submission of a certificate of vision examination from an ophthalmologist or optometrist licensed in any state.
(D) The renewal license forms distributed by the department must be designed to contain a certification that the vision of the person screened meets the minimum standards required by the department or have been corrected to meet these requirements. The certification must be executed by the person conducting the screening. The minimum standards of the department shall not require a greater degree of vision than 20/40 corrected in one eye. However, a person whose degree of vision is less than 20/40, but better than 20/200 using spectacles, contact lenses, or the carrier portion of bioptic spectacles is eligible for a driver's license if the:
(1) person can attain a degree of vision of at least 20/40 through utilizing bioptic telescopes;
(2) present documentation acceptable to the department that bioptic telescopes are prescribed by a licensed optometrist or ophthalmologist. A person who is licensed to drive using bioptic telescopes is subject to possible restrictions placed on his license as determined and recommended by the prescribing optometrist or ophthalmologist or the driver's license examiner. Any recommended restrictions must be reported to the department in writing at the time the person presents himself for a driver's test examination. Restrictions may include daylight driving only, outside rearview mirrors, certain area and time restrictions, no interstate driving, yearly reevaluations by an optometrist or ophthalmologist, and any other restriction. Any restrictions are eligible for review and reconsideration after one year by completing all of the steps described in this subsection, including completing additional testing under special conditions, as determined by the optometrist or ophthalmologist;
(3) person presents documentation to the department of having satisfactorily completed training in the use of the bioptic telescopes certified by the prescribing doctor;
(4) person presents documentation to the department showing he has satisfactorily completed standard driver education training while using bioptic telescopes; and
(5) person passes a driver's test administered by the department.
(E) Persons using bioptic telescopic lenses may be licensed to drive motor vehicles only during the period beginning one-half hour after sunrise and ending one-half hour before sunset. A person using bioptic telescopic lenses may be licensed to drive a motor vehicle between one-half hour before sunset and one-half hour after sunrise if he:
(1) demonstrates a visual acuity of at least 20/40 in one or both eyes with the bioptic telescopic lenses and without the use of field expanders;
(2) has not been convicted of any traffic offenses and has not been involved in any at-fault accidents in the previous twelve months after first being licensed in this State or another state with or without restriction; and
(3) passes a skills test taken at night.
(F) The user of a bioptic telescope must renew his license biennially. The person must be reevaluated at least biennially by an optometrist or ophthalmologist and must biennially pass the driver's road test examination administered by the department. A certification by the optometrist or ophthalmologist that the user's visual acuity, visual field, and eye health remain stable must be presented to the department at the time of the biennial road test examination. In the event that changes in vision are determined, the person's license shall expire and the person must repeat successfully all of the steps described in subsection (D) in order to have his or her license reinstated.
(E)(G) A person whose vision is corrected to meet the minimum standards shall have the correction noted on his driver's license by the department.
(F)(H) It is unlawful for a person whose vision requires correction in order to meet the minimum standards of the department to drive a motor vehicle in this State without the use of the correction.
(G)(I) Unless otherwise provided in this section, any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days."
SECTION 2. This act takes effect upon approval by the Governor.
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