A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-1-10, RELATING TO MOTOR VEHICLE DEFINITIONS, SO AS TO DEFINE A MEDIUM SPEED VEHICLE; BY ADDING SECTION 56-2-107 SO AS TO PROVIDE CONDITIONS FOR OPERATION OF MEDIUM SPEED VEHICLES; BY AMENDING SECTION 56-2-110, RELATING TO DRIVER'S LICENSES AND REGISTRATION CARDS, SO AS TO PROVIDE REQUIRED DOCUMENTS FOR A DRIVER OF A MEDIUM SPEED VEHICLE; BY AMENDING SECTION 56-2-120, RELATING TO TITLE REQUIREMENTS, SO AS TO PROVIDE REQUIREMENTS FOR THE TITLE OF A MEDIUM SPEED VEHICLE; AND BY AMENDING SECTION 56-2-130, RELATING TO DEALER LICENSING, SO AS TO MAKE CONFORMING CHANGES.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Section 56-1-10 of the S.C. Code is amended by adding

 

    (38) "Medium speed vehicle" or "MSV" means a four-wheeled motor vehicle, other than an all-terrain vehicle, whose speed attainable in one mile is more than twenty miles an hour and not more than forty-five miles an hour on a paved level surface, and whose gross vehicle weight rating (GVWR) is less than five thousand pounds.

 

SECTION 2.  Chapter 2, Title 56 of the S.C. Code is amended by adding:

 

    Section 56-2-107.  (A) A medium speed vehicle may be operated only on a highway for which the posted speed limit is forty-five miles an hour or less.

    (B) A medium speed vehicle may cross a highway at an intersection where the highway has a posted speed limit of more than forty-five miles an hour.

    (C) A medium speed vehicle must meet the requirements of Federal Motor Vehicle Safety Standard 500 (Part 49 Section 571.500 of the Code of Federal Regulations) at all times when operated on any highway. A medium speed vehicle that complies with the equipment requirements in 49 C.F.R. Section 571.500 complies with all equipment requirements of this title.

    (D) Nothing in this section prevents local governments from adopting more stringent local ordinances governing medium speed vehicle operation.

    (E) A county or municipality may prohibit the operation of medium speed vehicles on any street or highway if the governing body of the county or municipality determines that the prohibition is necessary in the interest of safety.

    (F) The Department of Transportation may prohibit the operation of medium speed vehicles on any street or highway if it determines that the prohibition is necessary in the interest of safety.

 

SECTION 3.  Sections 56-2-110 through 56-2-130 of the S.C. Code are amended to read:

 

    Section 56-2-110.  (A) A person operating a low speed vehicle or medium speed vehicle must be at least sixteen years of age and shall hold a valid driver's license.

    (B) The operator of a low speed vehicle being operated on a highway must have in his possession:

        (1) the registration card issued by the department or the registration card issued by the state in which the low speed vehicle is registered;  and

        (2) his driver's license.

    (C) The operator of a medium speed vehicle being operated on a highway must have in his possession:

       (1) the registration card issued by the department or the registration card issued by the state in which the medium speed vehicle is registered;

       (2) his driver's license; and

       (3) proof of insurance.

 

    Section 56-2-120.  (A) A low speed vehicle must be titled as specified in this title.  The manufacturer's or importer's certificate of origin must identify clearly the vehicle as a low speed vehicle and must certify that the vehicle was manufactured in compliance with the equipment requirements for low speed vehicles in 49 C.F.R. Section 571.500.  The State shall not issue vehicle identification numbers to homemade low speed vehicles, retrofitted golf carts, or any other similar vehicles, and these vehicles shall not qualify as low speed vehicles in this State.

    (B) A medium speed vehicle must be titled as specified in this title. The manufacturer's or importer's certificate of origin must clearly identify the vehicle as a medium speed vehicle and must certify that the vehicle was manufactured in compliance with the equipment requirements for medium speed vehicles in 49 C.F.R. Section 571.500 and is either fifty five inches (55") or more in width or assembled by a South Carolina company. The State shall not issue vehicle identification numbers to homemade medium speed vehicles, retrofitted golf carts, UTV, or any other similar vehicles, and these vehicles shall not qualify as medium speed vehicles in this State.

       (1) A vehicle currently titled as a low speed vehicle may be retitled as a medium speed vehicle if the vehicle is at least fifty five inches (55") in width, is fully enclosed, and/or assembled in South Carolina.  When titled as a medium speed vehicle will receive a new medium speed vehicle license plate.

    (B)(C) If the vehicle is owned by a nonresident, but is subject to issuance of a certificate of title in this State, the application must also contain his:

       (1) full legal name, social security number, or, if the primary user does not have a social security number but has a passport, his passport number;

       (2) driver's license number, whether the license was issued by this State or another jurisdiction;

       (3) date of birth;

       (4) bona fide principal residence address;

       (5) address in this State where the low speed vehicle will be housed and used;  and

       (6) mailing address of the primary user of the vehicle.  If the primary user is a firm, association, or corporation, the application must contain the business address and federal employer identification number of the primary user.

    (C)(D) A low speed vehicle must be registered and licensed in the same fashion as passenger vehicles pursuant to this title and is subject to the same insurance requirements applicable to other motor vehicles under this title.

    (D)(E) The Department of Motor Vehicles shall establish a special size and class of license plate for low speed vehicles that clearly identifies the vehicle as a low speed vehicle.

 

    Section 56-2-130.  A person engaged in the wholesale or retail sale of low speed vehicles or medium speed vehicles must comply with the motor vehicle dealer licensing laws of this State as specified in this title.

 

SECTION 4.  This act takes effect three months upon approval by the Governor.

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