South Carolina General Assembly
108th Session, 1989-1990

Bill 3567


                    Current Status

Bill Number:               3567
Ratification Number:       270
Act Number                 177
Introducing Body:          House
Subject:                   Regulation of the rental of private
                           passenger automobiles
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A177, R270, H3567)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 31 TO TITLE 56 SO AS TO PROVIDE FOR THE REGULATION OF THE RENTAL OF PRIVATE PASSENGER AUTOMOBILES BY SETTING FORTH PURPOSES, DEFINITIONS, THE LIMITATIONS ON THE ADVERTISING, QUOTING, CHARGING OF RENTAL RATES, AND FEES, INCLUDING MILEAGE AND FUEL CHARGES, AND DELIVERY, PROVISION FOR AN UNENFORCEABLE WAIVER, AND PENALTIES.

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

Purpose

SECTION 1. The purpose of this act is to regulate advertising by rental car companies particularly for rental car rates. This act provides for restrictions to be placed on mandatory fees and surcharges including, but not limited to, required fuel surcharges in addition to the rental rate.

Rental of private passenger automobiles

SECTION 2. Title 56 of the 1976 Code is amended by adding:

"CHAPTER 31

Rental of Private Passenger

Automobiles

Section 56-31-10. This chapter applies to the rental of a private passenger automobile from a location in this State.

Section 56-31-20. As used in this chapter:

(1) 'Rental company' means a person in the business of providing private passenger automobiles to the public under the terms of a rental agreement.

(2) 'Renter' means a person obtaining the use of a private passenger automobile from a rental company under the terms of a rental agreement.

(3) 'Rental agreement' means a written agreement setting forth the terms and conditions governing the use of a private passenger automobile provided by a rental company.

(4) 'Damage' means a loss or damage to a rented vehicle including the loss of use and costs and expenses incident to the damage, loss, and loss of use.

(5) 'Private passenger automobile' or 'vehicle' means a private passenger motor vehicle including passenger vans and mini-vans that are intended primarily for the transport of persons.

Section 56-31-30. (A) A rental company may advertise, quote, or charge only a rental rate that includes the entire amount, except taxes and a mileage charge, if any, which a renter pays to rent the vehicle for the period of time to which the rate applies. A company may not charge an additional fee which must be paid by the renter as a condition of renting the vehicle including, but not limited to, fuel surcharges. Airport surcharges which do not apply to every customer may be quoted and charged but must be disclosed clearly and conspicuously in all advertisements of a rental rate either as a specific fee or as a range of fees. The means of avoiding airport surcharges must be disclosed clearly and conspicuously in all advertisements of a rental rate to which airport surcharges may apply. The company may charge an additional fee for an item or service provided for in the rental agreement if the charge is optional for the renter. The items and services include, but are not limited to, insurance and accessories requested by the renter unless otherwise prohibited as provided in this chapter, charges incident to the renter's optional return of the vehicle to a location other than to where it was rented, and charges for refueling the vehicle at the conclusion of the rental period if the renter did not return the vehicle with the same amount of fuel that was in the vehicle at the beginning of the rental period. A company also may impose an additional charge based on reasonable age criteria it establishes.

(B) If a rental company delivers a vehicle to a renter at a location other than where the company normally conducts its business, the company may not charge for the rental for the time before the vehicle is delivered. If the company picks up a rented vehicle from a renter at a location other than the location where the company normally conducts its business, the company may not charge for the rental for the time after the rental company has been notified that the vehicle is available.

(C) If a rental company quotes a rental rate in a personal or computer communication or a print advertisement, it shall disclose the terms of mileage conditions relating to the rate including, but not limited to, the amount of mileage and fuel charges, the number of miles for which no charge is imposed, and a description of geographic driving limitations, if any.

(D) A waiver of the requirements of the provisions of this section is unenforceable as contrary to public policy.

Section 56-31-40. If the Attorney General has reasonable cause to believe that a rental company has violated a provision of this chapter and that action is needed to serve the public interest, he may apply for a restraining order in the court of common pleas of Richland County. The court may grant appropriate final injunctive relief and impose a civil penalty of not more than one thousand dollars for each violation."

Time effective

SECTION 3. This act takes effect ninety days after approval by the Governor and applies to causes of action accruing after December 31, 1989.