South Carolina General Assembly
113th Session, 1999-2000

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Bill 986


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Indicates New Matter


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

Indicates Matter Stricken

Indicates New Matter

AMENDED

March 21, 2000

S. 986

Introduced by Senator Drummond

S. Printed 3/21/00--S.

Read the first time January 11, 2000.

            

A BILL

TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE MOTOR VEHICLE TITLE, SO AS TO AMEND THE DEFINITION OF A THREE-WHEEL VEHICLE BY DEFINING AN AUTOMOTIVE THREE-WHEEL VEHICLE SEPARATELY FROM A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND SECTION 56-1-130, AS AMENDED, RELATING TO DRIVER'S LICENSE EXAMINATIONS AND ENDORSEMENTS ON LICENSES, SO AS TO PROVIDE FOR THREE-WHEEL MOTORCYCLE VEHICLE EXAMINATIONS AND TO PROVIDE FOR NONCOMMERCIAL ENDORSEMENTS ON A MOTORCYCLE CLASSIFICATION LICENSE; TO AMEND SECTION 56-3-20, AS AMENDED, RELATING TO DEFINITIONS IN THE MOTOR VEHICLE REGISTRATION AND LICENSING CHAPTER, SO AS TO AMEND THE DEFINITION OF A THREE-WHEEL VEHICLE BY DEFINING AN AUTOMOTIVE THREE-WHEEL VEHICLE SEPARATELY FROM A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND SECTION 56-3-630, AS AMENDED, RELATING TO THE EXCEPTIONS TO THE CLASSIFICATION OF PRIVATE PASSENGER MOTOR VEHICLES, SO AS TO ADD A MOTORCYCLE THREE-WHEEL VEHICLE TO THE EXCEPTIONS AND TO PROVIDE FOR ITS REGISTRATION; TO AMEND SECTION 56-3-760, RELATING TO THE REGISTRATION FEE FOR A MOTORCYCLE, SO AS TO ADD A MOTORCYCLE THREE-WHEEL VEHICLE; TO AMEND SECTION 56-5-140, RELATING TO THE DEFINITION OF A MOTORCYCLE, SO AS TO REVISE IT BY STRIKING THE PHRASE "DETACHABLE SIDE CAR"; TO AMEND SECTION 56-5-145, RELATING TO THE DEFINITION OF A THREE-WHEEL VEHICLE, SO AS TO MAKE IT THE DEFINITION OF AN AUTOMOTIVE THREE-WHEEL VEHICLE; TO ADD SECTION 56-5-155 SO AS TO PROVIDE A DEFINITION OF A MOTORCYCLE THREE-WHEEL VEHICLE; AND TO AMEND SECTION 56-19-10, AS AMENDED, RELATING TO DEFINITIONS IN THE PROTECTION OF TITLES IN A MOTOR VEHICLES CHAPTER, SO AS TO ADD A DEFINITION FOR A THREE-WHEEL VEHICLE MOTORCYCLE.

Amend Title To Conform

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

SECTION 1. Section 56-1-10 of the 1976 Code, as last amended by Act 434 of 1998, is further amended to read:

"Section 56-1-10. For the purpose of this title, unless otherwise indicated, the following words, phrases, and terms are hereby defined as follows:

(1) 'Driver' means every person who drives or is in actual physical control of a vehicle.

(2) 'Operator' means every person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.

(3) 'Owner' means a person, other than a lienholder, having the property or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security.

(4) 'Department' means the Department of Public Safety.

(5) 'State' means a state, territory, or possession of the United States and the District of Columbia.

(6) 'Highway' means the entire width between the boundary lines of every way publicly maintained when any part thereof of it is open to the use of the public for purposes of vehicular travel.

(7) 'Motor vehicle' means every vehicle which is self-propelled, except 'moped' as defined in Article 9 of this chapter, and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails.

(8) 'Motorcycle' means every motor vehicle having no more than two permanent functional wheels in contact with the ground or with a detachable side car or trailer and having a saddle for the use of the rider, but excluding a tractor.

(9) 'Nonresident' means every person who is not a resident of this State.

(10) 'Nonresident's operating privilege' means the privilege conferred upon a nonresident by the laws of this State pertaining to the operation by such the person of a motor vehicle, or the use of a vehicle owned by such the person, in this State.

(11) 'Conviction' shall include includes the entry of any plea of guilty, the entry of any plea of nolo contendere, and the forfeiture of any bail or collateral deposited to secure a defendant's appearance in court.

(12) 'Cancellation of driver's license' means the annulment or termination by formal action of the department of a person's driver's license because of some error or defect in the license or because the licensee is no longer entitled to such the license; the cancellation of a license is without prejudice, and application for a new license may be made at any time after such the cancellation.

(13) 'Revocation of driver's license' means the termination by formal action of the department of a person's driver's license or privilege to operate a motor vehicle on the public highways, which privilege to operate is not subject to renewal or restoration, except that an application for a new license may be presented and acted upon by the department.

(14) 'Suspension of driver's license' means the temporary withdrawal by formal action of the department of a person's driver's license or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be as specifically designated.

(15) 'Automotive three-wheel vehicle' means every motor vehicle having no more than three permanent functional wheels in contact with the ground, and having a bench seat or saddle for the use of the operator, and having an automotive type steering device, but excluding a tractor or motorcycle three-wheel vehicle.

(16) 'Alcohol' means a substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol, and isopropanol.

(17) 'Alcohol concentration' means:

(a) the number of grams of alcohol for each one hundred milliliters of blood by weight; or

(b) as determined by the South Carolina Law Enforcement Division for other bodily fluids.

(18) 'Motorcycle three-wheel vehicle' means every motor vehicle having no more than three permanent functional wheels in contact with the ground to include motorcycles with detachable side cars, having a saddle type seat for the operator, and having handlebars or a motorcycle type steering device but excluding a tractor or automotive three-wheel vehicle."

SECTION 2. Section 56-1-130 of the 1976 Code, as last amended by Act 258 of 1998, is further amended to read:

"Section 56-1-130. (A) The department shall examine every applicant for a driver's license, except as otherwise provided in this article. The examination shall include a test of the applicant's eyesight, his ability to read and understand highway signs regulating, warning, and directing traffic, and his knowledge of the traffic laws of this State and shall include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of the type motor vehicle, including motorcycles, for which a license is sought. The department may require such a further physical and mental examination as it considers necessary to determine the applicant's fitness to operate a motor vehicle upon the highways, such the further examination to be at the applicant's expense. The department shall make provisions for giving an examination in the county where the applicant resides, except for motorcycle three-wheel vehicles. The motorcycle three-wheel vehicle examination must be provided at the sites where the knowledge and skill examination for the commercial driver's license is offered. The department shall charge an appropriate fee for each complete examination or reexamination required in this article.

(B) No persons, except those exempted under Section 56-1-30 and Section 56-1-60 or those holding beginner's permits under Section 56-1-50, shall operate any classification of motor vehicle without first being examined and duly licensed by the driver examiner as a qualified driver of that classification of motor vehicle.

(C) A basic driver's license authorizes the licensee to operate motor vehicles, automotive three-wheel vehicles, or combinations of vehicles which do not exceed twenty-six thousand pounds gross vehicle weight; provided, that the driver has successfully demonstrated the ability to exercise ordinary and reasonable control in the operation of a motor vehicle in this category. A basic driver's license also authorizes the licensee to operate farm trucks provided for in Sections 56-3-670, 56-3-680, and 56-3-690, which are used exclusively by the owner for agricultural, horticultural, and dairying operations or livestock and poultry raising. Notwithstanding any other provision of law, the holder of a provisional license, or special restricted license operating a farm truck for the purposes provided in this subsection, may operate the farm truck without an accompanying adult after six o'clock a.m. and no later than nine o'clock p.m., but may not operate a farm truck on a freeway. A person operating a farm truck while holding a provisional driver's license or a special restricted license may not use the farm truck for ordinary domestic purposes or general transportation.

A classified driver's license shall authorize the licensee to operate a motorcycle or those vehicles in excess of twenty-six thousand pounds gross vehicle weight which are indicated by endorsement on the license. The endorsement may include classifications such as: motorcycle, motorcycle three-wheel vehicle, two-axle truck, three or more axle truck, combination of vehicles, motor-busses, or oversize or overweight vehicles. The department shall determine from the driving demonstration the endorsements to be indicated on the license.

(D) The department shall include a noncommercial endorsement to the motorcycle classification license to indicate the type of motorcycle to be operated. The 'M' classification is for motorcycle operation only. The 'D' endorsement to the 'M' classification is for motorcycle three-wheel vehicle and motorcycle with detachable side car. The 'C' endorsement to the 'M' classification is for motorcycle, motorcycle three-wheel vehicle, and motorcycle with detachable side car."

SECTION 3. Section 56-3-20 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-3-20. For purposes of this chapter, the following words and phrases when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section, to wit are defined as follows:

(1) 'Vehicle:' means every device in, upon, or by which any a person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks;.

(2) 'Motor vehicle:' means every vehicle which is self-propelled, except mopeds, and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails;.

(3) 'Motorcycle:' means every motorcycle having no more than two permanent functional wheels in contact with the ground or with a detachable side car or trailer and having a saddle for the use of the rider, but excluding a tractor;.

(4) 'Motor-driven cycle:' means every motorcycle, including every motor scooter, with a motor which produces not to exceed five horsepower;.

(5) 'Authorized emergency vehicle:' means vehicles of the fire department (fire patrol), police vehicles, and such the ambulances and emergency vehicles of municipal departments or public service corporations as are designated or authorized by the department or the chief of police of an incorporated municipality;.

(6) 'School bus:' means every bus owned by a public or governmental agency and operated for the transportation of children to or from school or privately owned and operated for the transportation of children to or from school;.

(7) 'Truck tractor:' means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed so as to carry a load other than a part of the weight of the vehicle and load so drawn;.

(8) 'Farm tractor:' means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry;.

(9) 'Road tractor:' means every motor vehicle designed and used for drawing other vehicles and not so constructed so as to carry any a load thereon on it either independently or any part of the weight of a vehicle or load so drawn;.

(10) 'Truck:' means every motor vehicle designed, used, or maintained primarily for the transportation of property;.

(11) 'Special mobile equipment:' includes every vehicle, with or without motive power, not designed or used primarily for the transportation of persons or pay-load property and incidentally operated or moved over the highways, including farm tractors, road construction and maintenance machinery, ditchdigging apparatus, well-boring apparatus, truck cranes or mobile shovel cranes, and similar vehicles,; this enumeration to be is deemed partial and does not to operate to exclude other such vehicles which are within the general terms of this definition;.

(12) 'Bus:' means every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation;.

(13) 'Trailer:' means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed so that no part of its weight rests upon the towing vehicle;.

(14) 'Semitrailer:' means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed so that some part of its weight and that of its load rests upon or is carried by another vehicle;.

(15) 'Pole trailer:' means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole or by being boomed or otherwise secured to the towing vehicle and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections;.

(16) 'Foreign vehicle:' means every vehicle of a type required to be registered brought into this State from another state, territory, or country other than in the ordinary course of business by or through a manufacturer or dealer and not registered in this State;.

(17) 'Implement of husbandry:' means every vehicle which is designed for agricultural purposes and exclusively used by the its owner thereof in the conduct of his agricultural operations;.

(18) 'Solid tire:' means every tire of rubber or other resilient material which does not depend upon compressed air for the support of the load;.

(19) 'Gross weight' or 'gross weight vehicle:' means the weight of a vehicle without load plus the weight of any load thereon on it;.

(20) 'Load capacity:' means the maximum weight of the pay load of the property intended to be transported by a vehicle or combination of vehicles, exclusive of the weight of such the vehicle or vehicles;.

(21) 'Owner:' means a person who holds the legal title of a vehicle or, in the event (a) a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or (b) a mortgagor of a vehicle is entitled to possession, then such the conditional vendee or lessee or mortgagor shall be is deemed the owner for the purpose of this chapter;.

(22) 'Nonresident:' means every person who is not a resident of this State;.

(23) 'Dealer' or 'motor vehicle dealer': means both 'dealer' and 'wholesaler' as defined in Chapter 15 of this title;.

(24) [Deleted]

(25) 'Street' or 'highway:' means the entire width between boundary lines of every way publicly maintained when any part thereof of it is open to the use of the public for purposes of vehicular travel.

(26) 'Odometer:' means an instrument for measuring and recording the actual distance a motor vehicle travels while in operation; but shall it does not include any an auxiliary instrument designed to be reset by the operator of the motor vehicle for the purpose of recording the distance traveled on trips;.

(27) 'Odometer reading:' means actual cumulative distance traveled disclosed on the odometer;.

(28) 'Odometer disclosure statement:' means a statement, as prescribed by item (4) of Section 56-3-240, certified by the owner of the motor vehicle to the transferee or to the department as to the odometer reading.

(29) 'Moped:' means every cycle with pedals to permit propulsion by human power and with a motor of not more than fifty cubic centimeters which produces not to exceed one and one-half brake horsepower and which is not capable of propelling the vehicle at a speed in excess of twenty-five miles per hour on level ground. If an internal combustion engine is used, the moped shall must have a power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged.

(30) 'Automotive three-wheel vehicle:' means every motor vehicle having no more than three permanent functional wheels in contact with the ground, and having a bench seat or saddle for the use of the operator, and having an automotive type steering device, but excluding a tractor or motorcycle three-wheel vehicle.

(31) 'Motorcycle three-wheel vehicle' means every motor vehicle having no more than three permanent functional wheels in contact with the ground to include motorcycles with detachable side cars, having a saddle type seat for the operator, and having handlebars or a motorcycle type steering device, but excluding a tractor or automotive three-wheel vehicle."

SECTION 4. Section 56-3-120 of the 1976 Code is amended to read:

"Section 56-3-120. The following vehicles are exempt from registration and licensing under this chapter:

(1) a vehicle driven, operated, or moved upon a highway pursuant to the provisions of this chapter relating to nonresidents or under temporary permits issued by the department as authorized;

(2) any implement of husbandry, including a knuckleboom loader mounted on a trailer or straight truck, whether of a type otherwise subject to registration and license which only incidentally is operated or moved upon a highway;

(3) a special mobile equipment vehicle which only occasionally is moved over a highway and special mobile equipment vehicle of the State or its departments, agencies, or political subdivisions; and

(4) a vehicle owned and operated by the government of the United States.;

(5) a trailer or semitrailer of a motor carrier as defined in Section 12-37-2810 for which the fee-in-lieu of taxes and registration requirements has been paid and a distinctive permanent plate has been issued pursuant to Section 12-37-2860.;

(6) four wheel all terrain vehicles that are being used as a farm implement for pulling implements of husbandry or which is being operated in conjunction with farming operations. Such four wheel all terrain vehicles may be operated during daylight hours only and must be operated by a person at least fifteen years of age. Additionally, such four wheel all terrain vehicles must be operated on the shoulder of the highway whenever practicable. For purposes of this section, `daylight hours' is defined as between 6:00 a.m. and 6:00 p.m. or 8:00 p.m. during daylight savings time."

SECTION 5. Section 56-3-630 of the 1976 Code, as last amended by Act 63 of 1999, is further amended to read:

"Section 56-3-630. The department shall classify as a private passenger motor vehicle every motor vehicle, except a motorcycle, motorcycle three-wheel vehicle, or motor-driven cycle, which is designed, used, and maintained for the transportation of ten or fewer persons and trucks having an empty weight of six thousand pounds or less and a gross weight of nine thousand pounds or less. The department shall classify a three-wheel vehicle by the manufacturer's statement of origin for the vehicle's initial registration. For subsequent registration, the department shall classify the three-wheel vehicle by its title document. This section does not relieve or negate any applicable fees required under Section 56-3-660."

SECTION 6. Section 56-3-760 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:

"Section 56-3-760. For every motorcycle, motorcycle three-wheel vehicle, or motor-driven cycle the biennial registration fee is ten dollars."

SECTION 7. Section 56-5-140 of the 1976 Code, as last amended by Act 486 of 1992, is further amended to read:

"Section 56-5-140. Every motor vehicle having no more than two permanent functional wheels in contact with the ground or with a detachable side car or trailer and having a saddle for the use of the rider, but excluding a tractor, is a 'motorcycle'."

SECTION 8. Section 56-5-145 of the 1976 Code, as added by Act 486 of 1992, is amended to read:

"Section 56-5-145. Every An automotive three-wheel vehicle means a motor vehicle having no more than three permanent functional wheels in contact with the ground, and having a bench seat or saddle for the use of the operator, and having an automotive type steering device, but excluding excludes a tractor, and a motorcycle three-wheel vehicle."

SECTION 9. The 1976 Code is amended by adding:

"Section 56-5-155. A motorcycle three-wheel vehicle means a motor vehicle having no more than three permanent functional wheels in contact with the ground and includes motorcycles with detachable side cars, having a saddle type seat for the operator, and handle bars or a motorcycle type steering device, but excludes a tractor or automotive three-wheel vehicle."

SECTION 10. Section 56-19-10 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-19-10. For the purposes of this chapter and Chapter 21 of Title 16, the following terms set forth below shall have the following meanings are defined as follows:

(1) 'Authorized emergency vehicle': means vehicles of the fire department, police vehicles, and such the ambulances and emergency vehicles of municipal departments or public service corporations as are designated or authorized by the chief of police or governing body of any a municipality.

(2) 'Bicycle': means every device propelled by human power upon which any a person may ride, having two tandem wheels.

(3) 'Bus': means every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.

(4) 'Dealer' or 'motor vehicle dealer': means both 'dealer' and 'wholesaler', as defined in Chapter 15 of this title.

(5) 'Driver': means every person who drives or is in actual physical control of a vehicle.

(6) 'Essential parts': means all integral and body parts of a vehicle of a type required to be registered under this title, the removal, alteration, or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type, or mode of operation.

(7) [Deleted]

(8) 'Farm tractor': means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.

(9) 'Foreign vehicle': means every vehicle of a type required to be registered under this title brought into this State from another state, territory, or country, other than in the ordinary course of business by or through a manufacturer or dealer, and not registered in this State.

(10) 'House trailer' means:

(a) a trailer or semitrailer which is designed, constructed, and equipped as a dwelling place, living abode, or sleeping place, either permanently or temporarily, and is equipped for use as a conveyance on streets and highways; or

(b) a trailer or a semitrailer whose chassis and exterior shell is designed and constructed for use as a house trailer, as defined in subitem (a) of this item, but which is used instead permanently or temporarily for the advertising, sales, display, or promotion of merchandise or services or for any other another commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier.

(11) 'Identifying number': means the numbers and letters, if any, on a vehicle designated by the department for the purpose of identifying the vehicle.

(12) 'Implement of husbandry': means every vehicle, including mobile barns, designed and adapted exclusively for agricultural, horticultural, or livestock-raising operations or for lifting or carrying an implement of husbandry and in either case not subject to registration if used upon the highways.

(13) 'Lienholder': means a person holding a security interest in a vehicle.

(14) 'Mail': means to deposit in the United States mail, properly addressed and with postage prepaid.

(15) 'Manufacturer': means every person engaged in the business of constructing or assembling vehicles of a type required to be registered under this title at an established place of business in this State.

(16) 'Motor vehicle': means every vehicle which is self-propelled, except mopeds, and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.

(17) 'Motorcycle': means every motor vehicle having no more than two permanent functional wheels in contact with the ground or with a detachable side car or trailer and having a saddle for the use of the rider, but excluding a tractor.

(18) 'Motor-driven cycle': means every motorcycle, including every motor scooter with a motor which produces not to exceed five horsepower.

(19) 'Nonresident': means every person who is not a resident of this State.

(20) 'Operator': means every person, other than a chauffeur, who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.

(21) 'Owner': means a person, other than a lienholder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person but excludes a lessee under a lease not intended as security.

(22) 'Pole trailer': means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole or by being boomed or otherwise secured to the towing vehicle and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections.

(23) 'Previously registered vehicle': means a vehicle registered in this State on January 1, 1958, or a vehicle whose last registration before such that date was in this State.

(24) 'Reconstructed vehicle': means every vehicle of a type required to be registered under this title materially altered from its original construction by the removal, addition, or substitution of essential parts, new or used.

(25) 'Registration': means the registration certificate or certificates and registration plates issued under the laws of this State pertaining to the registration of vehicles.

(26) 'Road tractor': means every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon on it, either independently or any part of the weight of a vehicle or load so drawn.

(27) 'School bus': means every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school, or privately owned and operated for compensation for the transportation of children to or from school.

(28) 'Security agreement': means a written agreement which reserves or creates a security interest.

(29) 'Security interest': means an interest in a vehicle reserved or created by agreement and which secures payment or performance of an obligation, conditional sale contract, conditional lease, chattel mortgage, or other lien or encumbrance, except taxes or attachment liens provided for in Section 29-15-20. The term includes the interest of a lessor under a lease intended as security. A security interest is 'perfected' when it is valid against third parties generally, subject only to specific statutory exceptions.

(30) 'Semitrailer': means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed so that some part of its weight and that of its load rests upon or is carried by another vehicle.

(31) 'Special mobile equipment': means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including, but not limited to: ditchdigging apparatus, well-boring apparatus, and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving carryalls and scrapers, power shovels and draglines, and self-propelled cranes and earth-moving equipment. The term does not include house trailers, dump trucks, truck-mounted transit mixers, cranes, or shovels or other vehicles designed for the transportation of persons or property to which machinery has been attached.

(32) 'Specifically constructed vehicle': means every vehicle of a type required to be registered under this title not originally constructed under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles and not materially altered from its original construction.

(33) 'Trackless trolley coach': means every motor vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails.

(34) 'Trailer': means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed so that no part of its weight rests upon the towing vehicle.

(35) 'Transporter': means every person engaged in the business of delivering vehicles of a type required to be registered under this title from a manufacturing, assembling, or distributing plant to dealers or sales agents of a manufacturer.

(36) 'Truck': means every motor vehicle designed, used, or maintained primarily for the transportation of property.

(37) 'Truck tractor': means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

(38) 'Vehicle': means every device in, upon, or by which any a person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

(39) 'Mobile home': means every vehicle which is designed, constructed, and equipped principally as a permanent dwelling place, and is equipped to be moved on streets and highways, but which exceeds the size limitations prescribed in Section 56-3-710 and which cannot be licensed and registered by the department as a 'house trailer.'.

(40) 'Odometer': means an instrument for measuring and recording the actual distance a motor vehicle travels while in operation; but shall it does not include any an auxiliary instrument designed to be reset by the operator of the motor vehicle for the purpose of recording the distance traveled on trips;.

(41) 'Odometer reading': means actual cumulative distance traveled disclosed on the odometer;.

(42) 'Odometer disclosure statement': means a statement, as prescribed by item (d) of subsection (1) of Section 56-19-240, certified by the owner of the motor vehicle to the transferee or to the department as to the odometer reading.

(43) 'Moped': means, notwithstanding item (2), every cycle with pedals to permit propulsion by human power or without pedals and with a motor of not more than fifty cubic centimeters which produces not to exceed two brake horsepower and which is not capable of propelling the vehicle at a speed in excess of thirty miles an hour on level ground is a moped. If an internal combustion engine is used, the moped must have a power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged.

(44) 'Automotive three-wheel vehicle': Every means a motor vehicle having no more than three permanent functional wheels in contact with the ground, and having a bench seat or saddle for the use of the operator, and having an automotive type steering device, but excluding a tractor and a motorcycle three-wheel vehicle.

(45) 'Motorcycle three-wheel vehicle' means a motor vehicle having no more than three permanent functional wheels in contact with the ground to include motorcycles with detachable side cars, having a saddle type seat for the operator, and handlebars or a motorcycle type steering device, but excluding a tractor or automotive three-wheel vehicle."

SECTION 11. This act takes effect July 1, 2000, except that the provisions of Section 2 requiring a motorcycle three-wheel vehicle examination and driver's license endorsement for a motorcycle three-wheel vehicle do not apply to a person who, on July 1, 2000, holds a valid driver's license and operates a motorcycle three-wheel vehicle, and who obtains a written waiver from the Department of Public Safety. It is the intent of this act that a person who holds a valid driver's license on July 1, 2000, and who operates a motorcycle three-wheel vehicle is not required to take the motorcycle three-wheel vehicle examination for the noncommercial endorsement of "D" or "C" if the person obtains a written waiver from the Department of Public Safety.

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