Bill 606

                    Current Status

Bill Number:               606
Ratification Number:       252
Act Number:                164
Introducing Body:          Senate
Subject:                        Motor vehicle inspection

(A164, R252, S606)

AN ACT TO AMEND SECTION 56-5-5360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE INSPECTION, SO AS TO PROVIDE FOR MONETARY PENALTIES IN LIEU OF REVOCATION OR SUSPENSION OF LICENSES OR PERMITS AND TO MAKE THE PROVISIONS APPLICABLE TO VEHICLE INSPECTORS AS WELL AS TO INSPECTION STATIONS.

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

Monetary penalties

SECTION 1. Subsections (e) and (f) of Section 56-5-5360 of the 1976 Code are amended to read:

"(e) The Department of Highways and Public Transportation shall properly supervise and cause inspections to be made of the stations and vehicle inspectors performance and may, after reasonable notice, suspend, or revoke and require the surrender of the license issued to a station and the permit issued to a vehicle inspector which it finds is not properly equipped or conducted. The Department shall maintain and post at its office, lists of all stations issued licenses and vehicle inspectors issued permits and of those licenses and permits that have been suspended or revoked.

Monetary penalties which may be imposed separately upon a vehicle inspection station or a vehicle inspector in lieu of suspension or revocation are as follows:

For a first offense Not less than twenty-

five dollars nor more

than one hundred

dollars

For a second offense Not less than fifty

dollars nor more than

one hundred dollars

For a third offense Not less than one

hundred dollars

nor more than two

hundred dollars

For a fourth and each Not less than five

subsequent offense hundred dollars nor

more than two thousand

dollars

(f) Official inspection stations and vehicle inspectors whose licenses or permits are suspended or revoked under the provisions of this section may request in writing a hearing and upon receipt of the request the Department shall schedule a hearing pursuant to the Administration Procedures Act. The hearing must be in the county where the permittee resides unless the Department and the licensee or permittee agree that the hearing may be held in some other county. The review may be held by a duly authorized agent of the Department. Upon the hearing the Department shall either rescind its order of suspension or revocation or, good cause appearing, may continue, modify, or extend the suspension or revocation order of the licensee or permittee. The Department may impose a monetary penalty against the inspection station and the vehicle inspector in lieu of suspension or revocation. Failure to pay the monetary penalty shall result in suspension or revocation of the license of the inspection station or permit of the vehicle inspector.

Any inspection station whose agents and employees falsely or fraudulently specify work to be done or parts to be installed shall, in addition to suspension or revocation of its license, be fined the sum of one hundred dollars and the cost of any labor or parts unnecessarily done or installed must be refunded to the vehicle owner."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.