South Carolina General Assembly
114th Session, 2001-2002

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Bill 4894


Indicates Matter Stricken
Indicates New Matter


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


Indicates Matter Stricken

Indicates New Matter

AS PASSED BY THE SENATE

May 16, 2002

    H. 4894

Introduced by Rep. Townsend

S. Printed 5/16/02--S.

Read the first time April 30, 2002.

            

A BILL

TO AMEND SECTION 56-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTENTS OF A MOTOR VEHICLE REGISTRATION APPLICATION, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST BE PROVIDED CERTAIN ADDITIONAL INFORMATION FOR COMMERCIAL MOTOR VEHICLES THAT ARE GREATER THAN TWENTY-SIX THOUSAND POUNDS; AND BY ADDING SECTION 56-3-355 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST SUSPEND, REVOKE, OR NOT ISSUE A REGISTRATION CARD AND LICENSE PLATE FOR A CERTAIN COMMERCIAL MOTOR VEHICLE IF THE MOTOR VEHICLE CARRIER WHO IS RESPONSIBLE FOR THE SAFETY OF THE VEHICLE HAS BEEN PROHIBITED FROM OPERATING BY A FEDERAL AGENCY, TO PROVIDE THAT THE REGISTRANT MUST SURRENDER AN ITEM SUSPENDED OR REVOKED UNDER THIS SECTION, TO PROVIDE THAT THE DEPARTMENT SHALL TAKE POSSESSION OF A SUSPENDED OR REVOKED LICENSE PLATE AND REGISTRATION CARD UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE FOR THE REISSUANCE OF A REGISTRATION CARD AND LICENSE PLATE, TO PROVIDE A REINSTATEMENT FEE, AND TO PROVIDE FOR THE DISBURSEMENT OF THE REINSTATEMENT FEE.

    Amend Title To Conform

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

SECTION    1.    Section 56-3-240(5) of the 1976 Code, as added by Act 399 of 2000, is amended to read:

    "(5)    In addition to other registration requirements the department shall collect a federal employer identification number or social security number when a vehicle is registered with a gross vehicle weight of more than twenty-six thousand pounds or as a bus common carrier.

    Additionally, for a commercial motor vehicle with a gross weight of more than twenty-six thousand pounds that operates with an apportioned license plate, the department must be provided:

            (a)    the United States Department of Transportation Number of the registrant and motor carrier; and

            (b)    a completed MCS-150 form from the registrant."

SECTION    2.    The 1976 Code is amended by adding:

    "Section 56-3-355.    The department must suspend, revoke, or not issue a registration card and license plate to a person for a commercial motor vehicle greater than twenty-six thousand pounds which operates with an apportioned license plate if the commercial motor carrier who is responsible for the safety of the vehicle has been prohibited from operating by a federal agency. The registrant must promptly surrender to the department any item suspended or revoked under this section. If the registrant unlawfully refuses to surrender the suspended or revoked items as required under this section, the department, through its designated agents or by request to a county or municipal law enforcement agency, shall take possession of the suspended or revoked license plate and registration card. A registration card or license plate may not be reissued for that vehicle until the motor carrier has been allowed to operate by a federal agency or the vehicle is properly transferred to a motor carrier that is not prohibited from operating by a federal agency. Before a suspended vehicle registration card can be reinstated, a fee of fifty dollars for each registration card suspension must be paid to the department. The fifty dollar fee must be placed in a special restricted account by the Comptroller General to be used by the department to offset the expenses of administering the Performance and Registration Information Systems Management Program."

SECTION    3.    Article 5, Chapter 3, Title 56 of the 1976 Code is amended by adding:

    "Section 56-3-661.    No for-hire motor vehicle carrier of property, except carriers of household goods or hazardous waste for disposal, may operate in this State without having applied for and received a Class E Certificate of Compliance from the Department of Public Safety. A one-time fee of twenty-five dollars may be charged each company for each certificate issued.

    The applicant must provide evidence of meeting the financial responsibilities or insurance requirements, satisfy compliance requirements of the United States Department of Transportation motor carrier safety and hazardous materials regulations before issuance, and continually satisfy these requirements or certification may be suspended, revoked, or placed in a probationary status.

    The Department of Public Safety is authorized to promulgate regulations to implement these responsibilities.

    The holder of a Class E Certificate may be eligible for exceptions provided by Sections 58-23-620 and 44-96-160(W)(1).

    Section 56-3-662.    The Department of Public Safety shall charge a fee of five dollars for each identifier. The five-dollar identifier fee must be remitted to the general fund. The Department of Public Safety may promulgate regulations pursuant to this section. The five dollar fee collected pursuant to this section must be placed in a special restricted account by the Comptroller General to be used by the department for the administration and enforcement of the provisions contained in Articles 3 and 5 of Chapter 23, Title 58, and for the building or renovation of weigh stations. All unexpended funds from prior years collected under this section may be retained and carried forward by the department and used for these purposes.

    Section 56-3-663.    The Department of Public Safety is authorized to enter into reciprocal agreements with the regulatory agencies of other states having jurisdiction and authority over motor carriers to provide for base state agreements in which the registration of interstate carriers operating in participating states may be accomplished by registration in one base state. Carriers registering in this State under these agreements are subject to the jurisdiction and authority of the Department of Public Safety for enforcement purposes. When the carrier's base state is South Carolina, the Department of Public Safety may require further filings of certificates of insurance, surety bonds, and other documents to show the carrier's qualifications to operate. Participating carriers shall register their authority directly with the Department of Public Safety and not with other state or local agencies."

SECTION    4.    Sections 58-23-350, 58-23-640, and 58-23-650 of the 1976 Code are repealed.

SECTION    5.    This act takes effect upon approval by the Governor.

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