Bill 336

                    Current Status

Bill Number:               336
Ratification Number:       457
Act Number                 371
Introducing Body:          Senate
Subject:                   Relating to penalties for violation of
                           certain motor vehicle carrier laws

(A371, R457, S336)

AN ACT TO AMEND SECTION 58-23-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATION OF CERTAIN MOTOR VEHICLE CARRIER LAWS, SO AS TO INCREASE THE PENALTY FOR UNLAWFULLY TRANSPORTING PERSONS OR PROPERTY FOR COMPENSATION WITHOUT FIRST OBTAINING A CERTIFICATE THEREFOR AND PAYING THE REQUIRED LICENSE FEE AND TO AMEND THE 1976 CODE BY ADDING ARTICLE 26 TO CHAPTER 3 OF TITLE 56, SO AS TO PROVIDE FOR A SPECIAL MOTOR VEHICLE REGISTRATION FOR PERSONS ENGAGED IN A BUSINESS OF LIMITED OPERATION OF MOTOR VEHICLES TO FACILITATE THE MANUFACTURE OR CONSTRUCTION OF CABS OR BODIES OR TE FORECLOSURE OR REPOSSESSION OF SUCH MOTOR VEHICLES.

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

Penalty

Section 1. Section 58-23-80 of the 1976 Code is amended by changing the period at the end to a semicolon and adding: "provided, however, that any officer, agent or employee of a corporation or any other person who violates or who aids and abets in the violation of the provisions of Section 58-23-40 shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than one hundred dollars for a first offense, not less than five hundred dollars for a second offense, and for third and subsequent offenses shall be fined not less than one thousand dollars or imprisoned for a term not to exceed thirty days, or both; provided, further, that no violation shall be charged more than once for any single given load." The section when amended shall read:

"Section 58-23-80. Every officer, agent or employee of any corporation and every other person who wilfully violates or fails to comply with, or who procures, aids or abets in the violation of, any provision of Articles 1 to 11 of this chapter or who fails to obey, observe or comply with any lawful order, decision, rule, regulation, direction, demand or requirement of the Commission or any part or provision thereof shall be guilty of a misdemeanor and punishable by a fine of not less than twenty-five dollars nor more than one hundred dollars or imprisonment for not less than ten days nor more than thirty days; provided, however, that any officer, agent or employee of a corporation or any other person who violates or who aids and abets in the violation of the provisions of Section 58-23-40 shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than one hundred dollars for a first offense, not less than five hundred dollars for a second offense, and for third and subsequent offenses shall be fined not less than one thousand dollars or imprisoned for a term not to exceed thirty days, or both; provided, further, that no violation shall be charged more than once for any single given load."

Special motor vehicle registration

Section 2. The 1976 Code is amended by adding to Chapter 3 of Title 56:

"Article 26

Section 56-3-2350. A person engaged in a business of limited operation of motor vehicles to facilitate the manufacture or construction of cabs or bodies or the foreclosure or repossession of such motor vehicles may apply to the Department for special registration to be issued to and used by such person subject to the following conditions:

(1) Application shall be in a form prescribed by the Department to include the applicable liability insurance as prescribed by statute and shall be filed with the Department each year. Such application shall include the name and residence address of applicant, (a) if an individual, the name under which he intends to conduct business, (b) if a partnership, the name and residence address of each member thereof, and the name under which the business is to be conducted, (c) if a corporation, the name and company addresses of the corporation, and the name and residence address of each of its officers.

(2) The application shall be certified by the applicant and by an agent of the Department to verify the facts as set forth in the application.

(3) The annual fee for registration shall be fifty dollars, plus an annual fee of ten dollars for each plate.

Section 56-3-2360. Registrants licensed under this article shall notify the Department of any change of address of his principal place of business within thirty days after such change is made, and the Department may cancel the registration and all license plates issued upon failure to give such notice.

Section 56-3-2370. Transporter license plates issued under this article may be transferred from vehicle to vehicle, but shall be used only for the limited operation of vehicles in connection with the manufacture or construction of cabs or bodies or with the foreclosure or repossession of vehicles owned or controlled by the registrant.

Section 56-3-2380. The Department may deny the application of any person for registration under this article and may suspend or revoke a registration or refuse to issue a renewal thereof if it is determined that the applicant or registrant has:

(a) Made a material misrepresentation in his application;

(b) Used or permitted the use of plates contrary to law;

(c) Been found guilty of fraud or fraudulent practices;

(d) Failed to comply with any of the regulations of the Department for the enforcement of this article.

The Department may promulgate regulations for the proper administration of this article."

Time effective

Section 3. This act shall take effect upon the approval by the Governor.