South Carolina General Assembly
110th Session, 1993-1994

Bill 3788


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    3788
Primary Sponsor:                Phillips
Committee Number:               15
Type of Legislation:            GB
Subject:                        Farm trucks
Residing Body:                  Senate
Companion Bill Number:          560
Computer Document Number:       NO5/8910AL.93
Introduced Date:                19930330
Last History Body:              Senate
Last History Date:              19930406
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Phillips
Type of Legislation:            General Bill



History


Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

3788  Senate  19930406      Introduced, read first time,    15
                            referred to Committee
3788  House   19930401      Read third time, sent to
                            Senate
3788  House   19930331      Read second time
3788  House   19930330      Introduced, read first time,
                            placed on Calendar without
                            reference

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken
Indicates New Matter

INTRODUCED

March 30, 1993

H. 3788

Introduced by REP. Phillips

S. Printed 3/30/93--H.

Read the first time March 30, 1993.

A BILL

TO AMEND SECTION 56-3-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF FARM TRUCKS, SO AS TO REVISE THE DEFINITION OF FARM TRUCK AND REVISE CERTAIN LICENSE FEES; TO AMEND SECTION 56-5-4020, RELATING TO THE EXEMPTION FROM SIZE, WEIGHT, AND LOAD REQUIREMENTS FOR CERTAIN VEHICLES, SO AS TO REVISE THE LIMITATION ON THE APPLICATION OF THE EXEMPTION TO VEHICLES TWELVE FEET IN WIDTH OR LESS; TO AMEND SECTION 56-5-4150, AS AMENDED, RELATING TO VEHICLE LOAD CAPACITY, SO AS TO REQUIRE THE TRUE UNLOADED WEIGHT SIGN ON FARM TRUCKS; TO AMEND SECTION 56-5-4185, RELATING TO PERMITS FOR COTTON MODULAR VEHICLES, SO AS TO REVISE THE REQUIREMENTS FOR THE PERMIT; AND TO AMEND SECTION 56-5-4900, AS AMENDED, RELATING TO REGULATIONS ON BRAKES AND EXCEPTIONS FOR FARM TRAILERS, SO AS TO REVISE THE EXCEPTIONS FOR FARM TRAILERS.

Whereas, the General Assembly recognizes the importance of agriculture to the well-being of both the citizens and the economy of the state; and

Whereas, in order for agriculture to perform at peak levels, the highway laws should be updated to allow the modern and more efficient agricultural equipment to safely operate on the state's highways and roads; and

Whereas, agricultural equipment is rarely on the highways for an extended period of time, but farmers must be able to move commodities safely when needed. Now, therefore,

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

SECTION 1. Section 56-3-670 of the 1976 Code is amended to read:

"Section 56-3-670. (A) For the purpose of this section `farm truck' is defined as a truck used exclusively by the owner for agricultural, horticultural, and dairying operations or livestock and poultry raising. However, farm trucks, with an empty weight of less than 7,500 pounds, may be used for ordinary, domestic purposes and general transportation, but must not be used to transport persons or property for hire.

(B) The department shall issue to bona fide farmers special farm vehicle licenses for farm trucks for a fee as outlined below provided in this subsection according to the maximum empty weight of the truck:

Empty weight of truck not to exceed License to be issued Fee

(1) 5,000 pounds: 4 ton or more: $5.00 12.00;

(2) 7,500 pounds: 6 ton or more: $10.00 12.00;

(3) 10,500 pounds: 8 ton or more: $15.00;

(4) 12,500 pounds: 10 ton or more: $30.00;

(5) 12,501 pounds and above:

(a) 15 ton or more: $60.00;

(b) 20 ton: $80.00;

(c) 25 ton: $100.00;

(d) 30 ton: $120.00.

(C) Any A person who shall certify certifies to the department that he is a bona fide farmer and who, is issued a farm license plate for the purpose as defined herein in this section, and who uses such the license plate for purposes other than those defined shall be is guilty of a misdemeanor and, upon conviction, shall must be punished by a fine of fined not more than two hundred dollars or imprisoned for not more than thirty days, or both."

SECTION 2. Section 56-5-4020 of the 1976 Code is amended to read:

"Section 56-5-4020. (A) Except as provided in subsection (2) of Section 56-5-4140(2), the provisions of this article governing size, weight, and load do not apply to fire apparatus, road machinery or implements, and products of husbandry, including farm tractors, timber equipment, liquid fertilizer storage facilities, and vehicles or combinations of vehicles used to transport, store, or spread lime, nitrogen, or other soil improvement products for agricultural purposes, moved upon the highways so as not to damage the highways nor unduly interfere with highway traffic, or to vehicles operated under terms of special permits issued pursuant to the provisions of this chapter. Such The exemptions do not apply to the provisions of Section 56-5-4230. With regard to vehicles or combinations of vehicles used to transport, store, or spread soil improvement products and to transport products of husbandry exempted pursuant to this section, the owners must shall obtain an annual permit to operate the vehicle as provided for in Section 56-5-4170 which prescribes the specific conditions of the exemption.

(B) For purposes of this section, `timber equipment' means implements of silviculture including, but not limited to, machinery used in establishing, tending, harvesting, and protecting forest crops such as tree shears, chippers, slashers, log loaders, skidders, and fellers.

(C) None of the vehicles or devices exempted by this section may exceed twelve feet in width, except farm implements which may not exceed sixteen feet in width, and they may be moved only in clear weather conditions during daylight hours.

(D) Farm implements are restricted to a twenty-mile radius of the farm operation center and a maximum speed of twenty miles an hour."

SECTION 3. The first paragraph of Section 56-5-4150 of the 1976 Code, as last amended by Act 498 of 1992, is further amended to read:

"The department upon registering a vehicle, under the laws of this State, which is designed and used primarily for the transportation of property or for the transportation of ten or more persons, may require information and may make investigation or tests necessary to enable it to determine whether the vehicle may be operated safely upon the highways in accordance with all the provisions of this chapter. The department may register the vehicle for a load capacity which, added to the empty or unloaded weight of the vehicle, will result in a permissible gross weight not exceeding the limitations set forth in this chapter. It is unlawful for a person to operate a vehicle or combination of vehicles with a load capacity in excess of that for which it is registered by the department or in excess of the limitations set forth in this chapter. A person making application for a `farm truck' license shall declare, in the form prescribed by the department, the true unloaded or empty weight of the vehicle and shall stencil or mark in a conspicuous place on the left side of the vehicle the true unloaded or empty weight if the unloaded or empty weight is over five thousand pounds."

SECTION 4. The first paragraph of Section 56-5-4185 of the 1976 Code, as added by Act 35 of 1991, is amended to read:

"Notwithstanding Section 56-5-4030 or any other provision of this chapter, the department shall issue, under terms and conditions as in its judgment that are in the public interest for safety on the highways, an open end or annual permit for the use on the public highways of cotton modular vehicles. The permit must be issued annually and it allows movement on the highways at any time. For the purposes of this section, `cotton modular vehicle' is defined as a single motor vehicle used only to transport seed cotton modules, cotton, or equipment used in the transporting or processing of cotton. This cotton modular vehicle must not exceed a width of one hundred seven inches and must not exceed a length of forty-six fifty feet extreme overall dimensions and inclusive of front and rear bumpers and load. To be valid, the permit must be carried on the vehicle, and it is unlawful for any a person to violate any provision, term, or condition of the permit. The fee for the permit is fifty dollars and authorizes the use of only one properly described cotton modular vehicle. Loaded cotton modular vehicles may not be operated on interstate highways. The department may promulgate regulations to carry out the provisions of this section."

SECTION 5. Section 56-5-4900 of the 1976 Code, as last amended by Act 479 of 1992, is further amended to read:

"Section 56-5-4900. Sections 56-5-4850 to 56-5-4900 56-5-4890 do not apply to trailers, not exceeding twelve eight thousand pounds gross weight, which are pulled behind farm tractors or trucks and used in the transportation of farm products and articles to and from farms. These trailers may not exceed a speed of twenty miles an hour. However, farm trailers exceeding eight thousand pounds gross weight, excluding gooseneck-type trailers, which are not equipped with brakes must be pulled behind farm tractors or behind trucks rated by the manufacturer as having a load capacity of at least one ton and having at least four wheels on the rear axle must be pulled by tow vehicles whose empty vehicle weight is at least one-half of the farm trailer's gross vehicle weight. These trailers so pulled may not exceed a speed greater than twenty of thirty miles per an hour and may only be pulled in clear weather conditions and when pulled by a truck, and not a tractor, must have displayed on the rear signal lamps in accordance with Section 56-5-4730.

Two small tobacco trailers may be pulled in tandem if:

(1) the maximum trailer length of each trailer is thirteen feet six inches;

(2) the maximum gross weight of each trailer is 3,000 pounds;

(3) the maximum speed is twenty miles an hour;

(4) within a twenty-mile radius of the operations center.

Notwithstanding any other provision of this section or of this chapter, all farm and tobacco trailers when towed must be secured by a pintle hook, spring-load latch, safety lock hitch pin, or equivalent mechanism and also must be equipped with and shall have in use safety chains secured by a spring-loaded latch or other mechanism to ensure positive closure under loaded, operating conditions when the trailers are used to haul farm products and articles on the roads, streets, or highways of this State."

SECTION 6. This act takes effect upon approval by the Governor.

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