Bill 2314

                    Current Status

Bill Number:               2314
Ratification Number:       422
Act Number:                371
Introducing Body:          House
Subject:                   Relating to the grace period for
                           procuring registration and license for certain
                           vehicles

(A371, R422, H2314)

AN ACT TO AMEND SECTION 56-3-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRACE PERIOD FOR PROCURING REGISTRATION AND LICENSE FOR CERTAIN VEHICLES, SO AS TO INCREASE THE PERIOD FROM TEN TO FIFTEEN DAYS; TO AMEND SECTION 56-3-840, RELATING TO DELINQUENT REGISTRATION AND LICENSE PENALTIES WITH RESPECT TO MOTOR VEHICLES, SO AS TO CHANGE THE DELINQUENCY PENALTY FEE FROM FIFTY CENTS TO FIVE DOLLARS FOR AN OWNER OF A VEHICLE WHO FAILS TO REGISTER AND LICENSE THE VEHICLE AND PAY THE SPECIFIED FEES OR RENEWAL WHEN AND AS REQUIRED, REQUIRE A DELINQUENCY PENALTY FEE OF TEN DOLLARS WHERE THE OWNER IS DELINQUENT BY MORE THAN THIRTY DAYS, REQUIRE A DELINQUENCY PENALTY FEE OF TWENTY-FIVE DOLLARS WHERE THE OWNER IS DELINQUENT BY MORE THAN NINETY DAYS, AND MAKE IT A MISDEMEANOR TO DRIVE, MOVE, OR OPERATE ON A HIGHWAY ANY VEHICLE FOR WHICH A REGISTRATION AND LICENSE ARE REQUIRED BUT HAVE NOT BEEN OBTAINED WITHIN THIRTY DAYS OF THE DATE WHEN REQUIRED; TO AMEND SECTION 56-3-1260, RELATING TO PROCEDURES UPON TRANSFER OF OWNERSHIP OF A VEHICLE, NOTICE TO THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION (DEPARTMENT), AND DISPOSITION OF PLATES, SO AS TO PROVIDE THAT, UPON TRANSFER OF OWNERSHIP OF A VEHICLE, THE LICENSE PLATE ISSUED FOR THE VEHICLE SHALL REMAIN WITH THE PRIOR OWNER WHO, WITHIN FIFTEEN DAYS OF THE TRANSFER, EITHER SHALL APPLY FOR THE TRANSFER OF THE PLATE PURSUANT TO SECTION 56-3-1290 OR SHALL RETURN THE PLATE TO THE DEPARTMENT, PROVIDE THAT IN EITHER EVENT THE REGISTRATION CARD SHALL BE CONCURRENTLY RETURNED TO THE DEPARTMENT, AND DELETE CERTAIN LANGUAGE; TO AMEND SECTION 56-3-1270, AS AMENDED, RELATING TO PROCEDURES UPON TRANSFER OF OWNERSHIP OF A VEHICLE, APPLICATION FOR TRANSFER AND ISSUANCE OF NEW CARD, AND FEE, SO AS TO, AMONG OTHER THINGS, REQUIRE A PERSON UNDER CERTAIN CIRCUMSTANCES TO MAKE APPLICATION TO THE DEPARTMENT, WITHIN FIFTEEN DAYS AFTER THE TRANSFER OF OWNERSHIP, FOR REGISTRATION AND A LICENSE PLATE FOR SUCH VEHICLE, REQUIRE THE DEPARTMENT, UPON BEING SATISFIED AS TO THE GENUINENESS AND REGULARITY OF THE APPLICATION AND WITH PROOF OF THE AD VALOREM TAX BEING PAID, TO ISSUE A NEW REGISTRATION CARD AND LICENSE PLATE TO THE NEW OWNER, AND DELETE CERTAIN LANGUAGE; TO AMEND SECTION 56-3-1280, RELATING TO TRANSFER OF REGISTERED AND LICENSED VEHICLE TO LICENSED DEALER, SO AS TO MAKE IT OPTIONAL FOR A DULY LICENSED MOTOR VEHICLE DEALER WHO RECEIVES BY PURCHASE, GIFT, TRADE, OR OTHERWISE A VEHICLE WHICH WAS REGISTERED AND LICENSED IN THIS STATE FOR THE THEN CURRENT REGISTRATION AND LICENSE YEAR TO OBTAIN A NEW REGISTRATION AND LICENSE PLATE, AND DELETE CERTAIN LANGUAGE; TO AMEND SECTION 56-3-1290, AS AMENDED, RELATING TO TRANSFER OF PLATES TO ANOTHER VEHICLE OF SAME OWNER, SO AS TO REQUIRE THE DEPARTMENT, UPON APPLICATION AND THE PAYMENT OF THE FEE, TO TRANSFER THE LICENSE PLATE PREVIOUSLY ISSUED TO AN OWNER FOR ONE VEHICLE TO ANOTHER VEHICLE OF THE SAME GENERAL TYPE, RATHER THAN "SAME CLASSIFICATION", OWNED BY THE SAME PERSON; AND TO AMEND ARTICLE 5 OF CHAPTER 5 OF TITLE 56, RELATING TO OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS, BY ADDING SECTION 56-5-715, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT, UNDER CERTAIN CONDITIONS, THE REGISTERED OWNER OF ANY MOTOR VEHICLE LEASED OR RENTED TO ANOTHER IS NOT LIABLE FOR ANY MUNICIPAL TRAFFIC OR PARKING VIOLATION OCCURRING WHILE THE LEASED OR RENTED VEHICLE WAS NOT IN HIS POSSESSION OR CONTROL, AND ALLOW THE COURT IN WHICH THE CASE IS HEARD TO TAKE CERTAIN ACTION, INCLUDING ACTION AGAINST THE REGISTERED OWNER, IF THE REGISTERED OWNER FAILS TO SUBMIT CERTAIN REQUIRED NOTICE WITHIN SEVEN WORKING DAYS OF RECEIPT OF THE VIOLATION.

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

Registration of foreign vehicles

SECTION 1. Section 56-3-210 of the 1976 Code is amended to read:

"Section 56-3-210. Persons newly acquiring such vehicles and owners of foreign vehicles being moved into this State and required to be registered under the provisions of this chapter may have a period of not exceeding fifteen days in which to register and license them."

Further

SECTION 2. Section 56-3-840 of the 1976 Code is amended to read:

"Section 56-3-840. The owner of every vehicle required to be registered and licensed under the provisions of this chapter who fails to register and license such vehicle and pay the specified fees or renewal, when and as required, must upon registering such vehicle pay to the Department a delinquency penalty fee of five dollars. In those cases where the owner is delinquent by more than thirty days, he must pay a delinquency penalty fee of ten dollars to the Department. In those cases where the owner is delinquent by more than ninety days, he must pay a delinquency penalty fee of twenty-five dollars to the Department.

Any person who shall drive, move, or operate on a highway any vehicle for which a registration and license are required but have not been obtained within thirty days of the date when required is guilty of a misdemeanor."

Transfer of ownership

SECTION 3. Section 56-3-1260 of the 1976 Code is amended to read:

"Section 56-3-1260. Whenever the owner of a registered and licensed vehicle transfers his ownership therein, he shall immediately notify the Department in writing, giving the name and address of the new owner and the date of transfer. The license plate issued for the vehicle shall remain with the prior owner who, within fifteen days of the transfer, either shall apply for the transfer of the plate pursuant to Section 56-3-1290 or shall return the plate to the Department; in either event the registration card shall be concurrently returned to the Department. If the vehicle is registered and licensed in the name of the State, any department, agency, or political subdivision of the State, or any department or agency of such a subdivision and a reduced registration and license fee has been paid, the owner shall return the registration card and the plate issued for the vehicle to the Department for cancellation, unless the transfer is made to another like agency qualified to obtain a registration and license of the vehicle at the reduced rate."

Application

SECTION 4. Section 56-3-1270 of the 1976 Code, as last amended by Act 738 of 1976, is further amended to read:

"Section 56-3-1270. Whenever any person other than a duly licensed motor vehicle dealer receives by purchase, gift, trade, or otherwise a vehicle which was registered and licensed in this State for the then current registration and license year, the person so receiving such vehicle shall within fifteen days after the transfer of ownership make application to the Department for registration and a license plate for such vehicle. The Department, upon being satisfied as to the genuineness and regularity of the application and with proof of the ad valorem tax being paid as required in Section 2 of Act 405 of 1980, shall issue a new registration card and license plate to the new owner."

New registration not required

SECTION 5. Section 56-3-1280 of the 1976 Code is amended to read:

"Section 56-3-1280. Whenever a duly licensed motor vehicle dealer receives by purchase, gift, trade, or otherwise a vehicle which was registered and licensed in this State for the then current registration and license year, the dealer shall not be required to obtain a new registration and license plate, but it shall be optional."

Fee

SECTION 6. Section 56-3-1290 of the 1976 Code, as last amended by Act 738 of 1976, is further amended to read:

"Section 56-3-1290. The Department shall, upon application being made therefor and the payment of a fee of three dollars, transfer the license plate previously issued to an owner for one vehicle to another vehicle of the same general type owned by the same person."

Liability for municipal parking or traffic violations

SECTION 7. Article 5, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-715. The registered owner of any motor vehicle leased or rented to another is not liable for any municipal traffic or parking violation occurring while the leased or rented vehicle was not in his possession or control, if upon notice of the violation the registered owner notifies the clerk, city recorder, or other appropriate municipal official of the court in which the case is pending of the name, address, and driver's license number of the lessee of the vehicle on the date the violation occurred. This notice must be notarized. If the registered owner fails to submit the notice within seven working days of receipt of the violation, the court in which the case is heard may take such action as the interest of justice requires, including finding the registered owner of the motor vehicle liable for the violation."

Time effective

SECTION 8. This act shall take effect upon approval by the Governor.