2011-2012 Bill 4885: Registration of Mopeds - South Carolina Legislature Online

1 South Carolina General Assembly 2 119th Session, 2011-2012 3 4 H. 4885 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Reps. Lucas and Owens 10 Document Path: l:\council\bills\swb\5090cm12.docx 11 Companion/Similar bill(s): 583, 4448 12 13 Introduced in the House on February 23, 2012 14 Currently residing in the House Committee on Education and Public Works 15 16 Summary: Registration of mopeds 17 18 19 HISTORY OF LEGISLATIVE ACTIONS 20 21 Date Body Action Description with journal page number 22 2/23/2012 House Introduced and read first time ( House Journalpage 49) 23 2/23/2012 House Referred to Committee on Ways and Means ( House Journalpage 49) 24 3/21/2012 House Recalled from Committee on Ways and Means ( House Journalpage 28) 25 3/21/2012 House Referred to Committee on Education and Public Works ( House Journalpage 28) 26 27 28 VERSIONS OF THIS BILL 29 30 2/23/2012 31 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING ARTICLE 3 TO CHAPTER 2, TITLE 56 SO 13 AS TO CREATE PROVISIONS THAT GOVERN THE 14 REGISTRATION OF MOPEDS; TO AMEND SECTION 56110, 15 AS AMENDED, RELATING TO THE DEFINITION OF 16 CERTAIN TERMS THAT RELATE TO THE OPERATION OF 17 MOTOR VEHICLES, SO AS TO REVISE THE DEFINITION OF 18 THE TERMS “OWNER”, “MOTORCYCLE”, “LOW SPEED 19 VEHICLE”, AND TO PROVIDE DEFINITIONS FOR THE 20 TERMS “MOPED” AND “VEHICLE”; TO AMEND SECTION 21 5622740, RELATING TO THE DEPARTMENT OF MOTOR 22 VEHICLES’ REFUSAL TO RENEW A DRIVER’S LICENSE 23 AND VEHICLE REGISTRATION FOR NONPAYMENT OF 24 PROPERTY TAXES, AND THE ISSUANCE OF LICENSE 25 PLATES AND VALIDATION DECALS, SO AS TO PROVIDE 26 THAT VALIDATION DECALS SHALL NOT BE ISSUED FOR 27 VEHICLES THAT DO NOT REQUIRE THE PAYMENT OF 28 PROPERTY TAXES; TO AMEND SECTION 56320, 29 RELATING TO THE DEFINITION OF TERMS REGARDING 30 MOTOR VEHICLE REGISTRATION AND LICENSING, SO AS 31 TO DELETE THE TERMS “VEHICLE”, “MOTOR VEHICLE”, 32 “MOTORCYCLE”, “MOTOR-DRIVEN CYCLE”, 33 “NONRESIDENT”, “MOPED”, AND “MOTORCYCLE 34 THREEWHEEL VEHICLE” AND THEIR DEFINITIONS; TO 35 AMEND SECTION 563250, RELATING TO THE PAYMENT 36 OF LOCAL TAXES BEFORE A VEHICLE MAY BE 37 REGISTERED, SO AS TO PROVIDE THAT THIS PROVISION 38 DOES NOT APPLY TO MOPEDS AND TO SUBSTITUTE THE 39 TERM “DEPARTMENT OF REVENUE” FOR THE TERM 40 “STATE TAX COMMISSION”; TO AMEND SECTION 563630, 41 AS AMENDED, RELATING TO VEHICLES CLASSIFIED AS 42 PASSENGER MOTOR VEHICLES, SO AS TO SUBSTITUTE

[4885] 2 1 THE TERM “MOPED” FOR THE TERM “MOTOR-DRIVEN 2 CYCLE”, AND TO MAKE A TECHNICAL CHANGE; TO 3 AMEND SECTION 563760, RELATING TO BIENNIAL 4 REGISTRATION FEES FOR CERTAIN VEHICLES, SO AS TO 5 SUBSTITUTE THE TERM “MOPED” FOR THE TERM 6 “MOTOR-DRIVEN CYCLE”; TO AMEND SECTION 56550, 7 RELATING TO THE INAPPLICABILITY OF CERTAIN 8 PROVISIONS TO THE OPERATION OF MOPEDS, SO AS TO 9 MAKE THESE PROVISIONS APPLICABLE TO THE 10 OPERATION OF MOPEDS; TO AMEND SECTION 565361, 11 RELATING TO VEHICLES THAT ARE DEFINED AS 12 PASSENGER CARS, SO AS TO SUBSTITUTE THE TERM 13 “MOPEDS” FOR THE TERM “MOTOR-DRIVEN CYCLES”; 14 TO AMEND SECTION 5651555, RELATING TO THE 15 MAXIMUM OPERATION SPEED OF A MOPED, SO AS TO 16 REVISE THE MAXIMUM SPEED LIMIT THAT A MOPED 17 MAY BE OPERATED; TO AMEND SECTION 56920, 18 RELATING TO TERMS AND THEIR DEFINITIONS 19 CONCERNING THE ISSUANCE OF LICENSE PLATES AND 20 REGISTRATION CARDS, SO AS TO DELETE THE TERMS 21 “NONRESIDENT”, “NONRESIDENT OPERATING 22 PRIVILEGE”, AND “OPERATOR” AND THEIR 23 DEFINITIONS, AND TO REVISE THE DEFINITION OF THE 24 TERM “OWNER”; TO AMEND SECTIONS 561510 AND 25 561610, RELATING TO CERTAIN TERMS AND THEIR 26 DEFINITIONS CONCERNING THE REGULATION OF 27 MOTOR VEHICLE AND MOTORCYCLE 28 MANUFACTURERS, DISTRIBUTORS AND DEALERS, SO 29 AS TO REVISE THE DEFINITION OF THE TERMS “MOTOR 30 VEHICLE” AND “MOTORCYCLE”; TO AMEND SECTION 31 561910, AS AMENDED, RELATING TO CERTAIN TERMS 32 AND THEIR DEFINITIONS CONCERNING THE ISSUANCE 33 OF CERTIFICATES OF TITLE, SO AS TO DELETE THE 34 TERMS “DRIVER”, “MOTOR VEHICLE”, “MOTORCYCLE”, 35 “MOTOR-DRIVEN CYCLE”, “NONRESIDENT”, 36 “OPERATOR”, “OWNER”, “VEHICLE”, “MOPED”, 37 “AUTOMOTIVE THREEWHEEL VEHICLE” AND THEIR 38 DEFINITIONS; TO AMEND SECTION 5619220, RELATING 39 TO CERTAIN VEHICLES THAT DO NOT NEED A 40 CERTIFICATE OF TITLE, SO AS TO MAKE A TECHNICAL 41 CHANGE, AND TO PROVIDE THAT THIS PROVISION 42 APPLIES TO MOPEDS; AND TO REPEAL SECTIONS 43 5611710, 565120, 565130, 565140, 565150, 565155, 565165,

[4885] 3 1 565410, AND 5651550 ALL RELATING TO THE DEFINITION 2 OF THE TERM “MOPED”,“VEHICLE”, “MOTOR VEHICLE”, 3 “MOTORCYCLE”, “MOTORDRIVEN CYCLE”, 4 “MOTORCYCLE THREEWHEEL VEHICLE”,“OWNER”, AND 5 SPEED LIMITATIONS ON MOTORDRIVEN CYCLES. 6 7 Be it enacted by the General Assembly of the State of South 8 Carolina: 9 10 SECTION 1. Chapter 2, Title 56 of the 1976 Code is amended by 11 adding: 12 13 “Article 3 14 15 Mopeds 16 17 Section 5623010. (A) Beginning January 1, 2013, a newly 18 purchased moped must be registered by the Department of Motor 19 Vehicles within fortyfive days of purchase before it can be 20 operated on public highways in the state. Within the fortyfive day 21 grace period, a moped operator may operate a moped without 22 registration, provided that he carry at all times while operating the 23 moped a valid bill of sale listing the purchase date. 24 (B) By January 1, 2014, an owner who acquired a moped 25 before January 1, 2013 must register the moped with the 26 department. 27 (C) Until January 1, 2014, an owner claiming the exemption of 28 subsection (B) may continue to operate the moped with the metal 29 plate issued by the seller at the time of purchase identifying the 30 vehicle as a moped. If the moped was acquired or purchased before 31 January 1, 2013, the seller of the moped shall attach a metal 32 identification plate to each moped identifying the vehicle as a 33 moped. This plate must be designed by the Department of Motor 34 Vehicles and must display information the department considers 35 necessary for enforcement purposes. The plate must be displayed 36 permanently on each moped and must not be removed. 37 (D) Until a moped is registered with the department, it is 38 unlawful for a person who purchased it before January 1, 2013 to 39 operate a moped upon the public highways of this State without 40 displaying the metal identification plate which must be attached to 41 the vehicle.

[4885] 4 1 (E) A moped subject to registration must be registered within 2 the department pursuant to this title and is not subject to the 3 insurance requirements applicable to other motor vehicles. 4 (F) If a manufacturer’s certificate of origin states the vehicle is 5 a ‘motor scooter,’ ‘motordriven cycle,’ or any similar term, the 6 definitions of ‘motorcycle’ and ‘moped,’ as shown in Section 7 56110, must be used to determine whether the vehicle must be 8 registered as a moped or must be titled and registered as a 9 motorcycle. 10 (G) The Department of Motor Vehicles shall establish a special 11 size and class of license plate for mopeds that clearly identifies the 12 vehicle as a moped. The plate must be displayed permanently on 13 each moped required to be registered and must not be removed 14 while its registration is current. 15 (H) Mopeds are not required to be licensed or titled in this 16 State. 17 18 Section 5623020. An owner of a moped required to be 19 registered in this State shall make application to the Department of 20 Motor Vehicles for the registration of the moped. The application 21 must be made upon the appropriate form furnished by the 22 department. Every application must bear the signature of the 23 owner. 24 25 Section 5623030. An application for registration of a moped 26 shall contain: 27 (1) the name, bona fide residence and mailing address of the 28 owner or business address of the owner if a firm, association or 29 corporation, and the county, municipality, and school district in 30 which the applicant resides, if applicable; 31 (2) a description of the vehicle including, insofar as this exists 32 with respect to a given vehicle, the make, model, type of body, 33 number of cylinders, serial number or other identifying number of 34 the vehicle, whether the vehicle is new or used, and the date of sale 35 by the manufacturer or seller to the person intending to operate the 36 vehicle; 37 (3) other information that reasonably may be required by the 38 Department of Motor Vehicles to enable it to determine whether 39 the vehicle is lawfully entitled to registration; 40 (4) the application shall be accompanied by a bill of sale and a 41 vehicle registration certificate, Manufacturer’s Certificate of 42 Origin, or an affidavit from the applicant certifying that he is the 43 legal and rightful owner of the moped. The documentation

[4885] 5 1 provided must list the vehicle specifications, including the total 2 cubic centimeters of the engine, the brake horsepower of the motor 3 and the maximum speed of the vehicle on level ground. 4 5 Section 5623040. If an owner cannot provide a 6 Manufacturer’s Certificate of Origin or prior title, the moped may 7 be registered, but not titled. 8 9 Section 5623050. (A) A person is guilty of a misdemeanor 10 who: 11 (1) fraudulently uses or gives a false or fictitious name or 12 address in an application required to be made under this chapter; 13 (2) knowingly makes a false statement in an application; or 14 (3) knowingly conceals a material fact in an application. 15 (B) A person who operates or an owner who permits the 16 operation or movement of a vehicle registered and licensed under a 17 violation of this section is guilty of a misdemeanor.” 18 19 SECTION 2. Section 56110 of the 1976 Code, as last amended by 20 Act 216 of 2010, is further amended to read: 21 22 “Section 56110. For the purpose of this title, unless otherwise 23 indicated, the following words, phrases, and terms are defined as 24 follows: 25 (1) ‘Driver’ means every person who drives or is in actual 26 physical control of a vehicle. 27 (2) ‘Operator’ means every person who drives or is in actual 28 physical control of a motor vehicle or who is exercising control 29 over or steering a vehicle being towed by a motor vehicle. 30 (3) ‘Owner’ means a person, other than a lienholder, having 31 the property interest in or title to a vehicle. The term includes a 32 person entitled to the use and possession of a vehicle subject to a 33 security interest in another person, but excludes a lessee under a 34 lease not intended as security. This term also includes a person to 35 whom a moped is registered. 36 (4) ‘Department’ means the Department of Motor Vehicles 37 when the term refers to the duties, functions, and responsibilities of 38 the former Motor Vehicle Division of the Department of Public 39 Safety and means the Department of Public Safety otherwise and 40 in Section 563840. 41 (5) ‘State’ means a state, territory, or possession of the United 42 States and the District of Columbia, or the Commonwealth of 43 Puerto Rico.

[4885] 6 1 (6) ‘Highway’ means the entire width between the boundary 2 lines of every way publicly maintained when any part of it is open 3 to the use of the public for purposes of vehicular travel. 4 (7) ‘Motor vehicle’ means every vehicle which is 5 selfpropelled, and every vehicle which is propelled by electric 6 power obtained from overhead trolley wires but not operated upon 7 rails. 8 (8) ‘Motorcycle’ means every motor vehicle having no more 9 than two permanent functional wheels in contact with the ground 10 or trailer and having a saddle for the use of the rider, but excluding 11 a tractor and a moped. 12 (9) ‘Nonresident’ means every person who is not a resident of 13 this State. 14 (10) ‘Nonresident’s operating privilege’ means the privilege 15 conferred upon a nonresident by the laws of this State pertaining to 16 the operation by the person of a motor vehicle, or the use of a 17 vehicle owned by the person, in this State. 18 (11) ‘Conviction’ means an unvacated adjudication of guilt, or a 19 determination that a person has violated or failed to comply with 20 the law in a court of original jurisdiction, an unvacated forfeiture 21 of bail or collateral deposited to secure the person’s appearance in 22 court, a plea of guilty or nolo contendere accepted by the court, the 23 payment of a fine or court cost, or violation of a condition of 24 release without bail, regardless of whether or not the penalty is 25 rebated, suspended, or probated. 26 (12) ‘Cancellation of driver’s license’ means the annulment or 27 termination by formal action of the Department of Motor Vehicles 28 of a person’s driver’s license because of some error or defect in the 29 license or because the licensee is no longer entitled to the license; 30 the cancellation of a license is without prejudice, and application 31 for a new license may be made at any time after the cancellation. 32 (13) ‘Revocation of driver’s license’ means the termination by 33 formal action of the Department of Motor Vehicles of a person’s 34 driver’s license or privilege to operate a motor vehicle on the 35 public highways, which privilege to operate is not subject to 36 renewal or restoration, except that an application for a new license 37 may be presented and acted upon by the department. 38 (14) ‘Suspension of driver’s license’ means the temporary 39 withdrawal by formal action of the Department of Motor Vehicles 40 of a person’s driver’s license or privilege to operate a motor 41 vehicle on the public highways, which temporary withdrawal shall 42 be as specifically designated.

[4885] 7 1 (15) ‘Automotive threewheel vehicle’ means every motor 2 vehicle having no more than three permanent functional wheels in 3 contact with the ground, having a bench seat for the use of the 4 operator, and having an automotive type steering device, but 5 excluding a tractor or motorcycle threewheel vehicle. 6 (16) ‘Alcohol’ means a substance containing any form of 7 alcohol including, but not limited to, ethanol, methanol, propanol, 8 and isopropanol. 9 (17) ‘Alcohol concentration’ means: 10 (a) the number of grams of alcohol for each one hundred 11 milliliters of blood by weight; or 12 (b) as determined by the South Carolina Law Enforcement 13 Division for other bodily fluids. 14 (18) ‘Motorcycle threewheel vehicle’ means every motor 15 vehicle having no more than three permanent functional wheels in 16 contact with the ground to include motorcycles with detachable 17 side cars, having a saddle type seat for the operator, and having 18 handlebars or a motorcycle type steering device but excluding a 19 tractor or automotive threewheel vehicle. 20 (19) ‘Low speed vehicle’ or ‘LSV’ means a fourwheeled motor 21 vehicle, other than an all terrain vehicle, whose speed attainable in 22 one mile is more than twenty miles an hour and not more than 23 twentyfive miles an hour on a paved level surface, and whose 24 GVWR gross vehicle weight rating (GVWR) is less than three 25 thousand pounds. 26 (20) ‘All terrain vehicle’ or ‘ATV’ means a motor vehicle 27 measuring fifty inches or less in width, designed to travel on three 28 or more wheels and designed primarily for offroad recreational 29 use, but not including farm tractors or equipment, construction 30 equipment, forestry vehicles, or lawn and grounds maintenance 31 vehicles. 32 (21) ‘Operator’ or ‘driver’ means a person who is in actual 33 physical control of a motor vehicle. 34 (22) ‘Person’ means every natural person, firm, partnership, 35 trust, company, firm, association, or corporation. Where the term 36 “person” is used in connection with the registration of a motor 37 vehicle, it includes any corporation, association, partnership, trust, 38 company, firm, or other aggregation of individuals which owns or 39 controls the motor vehicle as actual owner, or for the purpose of 40 sale or for renting, as agent, salesperson, or otherwise. 41 (23) ‘Office of Motor Vehicle Hearings’ means the Office of 42 Motor Vehicle Hearings created by Section 123660. The Office of 43 Motor Vehicle Hearings has exclusive jurisdiction to conduct all

[4885] 8 1 contested case hearings or administrative hearings arising from 2 department actions. 3 (24) ‘Administrative hearing’ means a ‘contested case hearing’ 4 as defined in Section 123310. It is a hearing conducted pursuant to 5 the South Carolina Administrative Procedures Act. 6 (25) ‘Home jurisdiction’ means the jurisdiction which has 7 issued and has the power to suspend or revoke the use of the 8 license or permit to operate a motor vehicle. 9 (26) ‘Moped’ means a cycle with pedals to permit propulsion by 10 human power, or without pedals and with a motor of not more than 11 fifty cubic centimeters, which produces not to exceed two brake 12 horsepower and which is not capable of propelling the vehicle at a 13 speed in excess of thirty miles an hour on level ground. If an 14 internal combustion engine is used, the moped must have a power 15 drive system that functions directly or automatically without 16 clutching or shifting by the operator after the drive system is 17 engaged. 18 (27) ‘Vehicle’ means every device in, upon, or by which a 19 person or property is or may be transported or drawn upon a 20 highway, except devices moved by human power or used 21 exclusively upon stationary rails or tracks.” 22 23 SECTION 3. Section 5622740(C) of the 1976 Code is amended to 24 read: 25 26 “(C) All validation decals must be issued for a period not to 27 exceed twelve months, except for vehicles that do not require the 28 payment of property taxes.” 29 30 SECTION 4. Section 56320 of the 1976 Code is amended to read: 31 32 “Section 56320. For purposes of this chapter, the following 33 words and phrases are defined as follows: 34 (1) ‘Vehicle’ means every device in, upon, or by which a 35 person or property is or may be transported or drawn upon a 36 highway, except devices moved by human power or used 37 exclusively upon stationary rails or tracks. Reserved 38 (2) ‘Motor vehicle’ means every vehicle which is self 39 propelled, except mopeds, and every vehicle which is propelled by 40 electric power obtained from overhead trolley wires, but not 41 operated upon rails. Reserved 42 (3) ‘Motorcycle’ means every motorcycle having no more than 43 two permanent functional wheels in contact with the ground or

[4885] 9 1 trailer and having a saddle for the use of the rider, but excluding a 2 tractor. Reserved 3 (4) ‘Motordriven cycle’ means every motorcycle, including 4 every motor scooter, with a motor which produces not to exceed 5 five horsepower. Reserved 6 (5) ‘Authorized emergency vehicle’ means vehicles of the fire 7 department (fire patrol), police vehicles, and the ambulances and 8 emergency vehicles of municipal departments or public service 9 corporations designated or authorized by the department or the 10 chief of police of an incorporated municipality. 11 (6) ‘School bus’ means every bus owned by a public or 12 governmental agency and operated for the transportation of 13 children to or from school or privately owned and operated for the 14 transportation of children to or from school. 15 (7) ‘Truck tractor’ means every motor vehicle designed and 16 used primarily for drawing other vehicles and not constructed so as 17 to carry a load other than a part of the weight of the vehicle and 18 load drawn. 19 (8) ‘Farm tractor’ means every motor vehicle designed and 20 used primarily as a farm implement for drawing plows, mowing 21 machines, and other implements of husbandry. 22 (9) ‘Road tractor’ means every motor vehicle designed and 23 used for drawing other vehicles and not constructed so as to carry a 24 load on it either independently or any part of the weight of a 25 vehicle or load drawn. 26 (10) ‘Truck’ means every motor vehicle designed, used, or 27 maintained primarily for the transportation of property. 28 (11) ‘Special mobile equipment’ includes every vehicle, with or 29 without motive power, not designed or used primarily for the 30 transportation of persons or payload property and incidentally 31 operated or moved over the highways, including farm tractors, 32 road construction and maintenance machinery, ditchdigging 33 apparatus, wellboring apparatus, truck cranes or mobile shovel 34 cranes, and similar vehicles; this enumeration is deemed partial 35 and does not operate to exclude other vehicles which are within the 36 general terms of this definition. 37 (12) ‘Bus’ means every motor vehicle designed for carrying 38 more than ten passengers and used for the transportation of persons 39 and every motor vehicle, other than a taxicab, designed and used 40 for the transportation of persons for compensation. 41 (13) ‘Trailer’ means every vehicle with or without motive 42 power, other than a pole trailer, designed for carrying persons or

[4885] 10 1 property and for being drawn by a motor vehicle and constructed 2 so that no part of its weight rests upon the towing vehicle. 3 (14) ‘Semitrailer’ means every vehicle with or without motive 4 power, other than a pole trailer, designed for carrying persons or 5 property and for being drawn by a motor vehicle and constructed 6 so that some part of its weight and that of its load rests upon or is 7 carried by another vehicle. 8 (15) ‘Pole trailer’ means every vehicle without motive power 9 designed to be drawn by another vehicle and attached to the towing 10 vehicle by means of a reach or pole or by being boomed or 11 otherwise secured to the towing vehicle and ordinarily used for 12 transporting long or irregularly shaped loads such as poles, pipes, 13 or structural members capable, generally, of sustaining themselves 14 as beams between the supporting connections. 15 (16) ‘Foreign vehicle’ means every vehicle of a type required to 16 be registered brought into this State from another state, territory, or 17 country other than in the ordinary course of business by or through 18 a manufacturer or dealer and not registered in this State. 19 (17) ‘Implement of husbandry’ means every vehicle which is 20 designed for agricultural purposes and exclusively used by its 21 owner in the conduct of his agricultural operations. 22 (18) ‘Solid tire’ means every tire of rubber or other resilient 23 material which does not depend upon compressed air for the 24 support of the load. 25 (19) ‘Gross weight’ or ‘gross weight vehicle’ means the weight 26 of a vehicle without load plus the weight of any load on it. 27 (20) ‘Load capacity’ means the maximum weight of the pay 28 load of the property intended to be transported by a vehicle or 29 combination of vehicles, exclusive of the weight of the vehicle or 30 vehicles. 31 (21) ‘Owner’ means a person who holds the legal title of a 32 vehicle or, in the event (a) a vehicle is the subject of an agreement 33 for the conditional sale or lease with the right of purchase upon 34 performance of the conditions stated in the agreement and with an 35 immediate right of possession vested in the conditional vendee or 36 lessee or (b) a mortgagor of a vehicle is entitled to possession, then 37 the conditional vendee or lessee or mortgagor is deemed the owner 38 for the purpose of this chapter. 39 (22) ‘Nonresident’ means every person who is not a resident of 40 this State. Reserved 41 (23) ‘Dealer’ or ‘motor vehicle dealer’ means both ‘dealer’ and 42 ‘wholesaler’ as defined in Chapter 15 of this title. 43 (24) [Deleted]

[4885] 11 1 (25) ‘Street’ or ‘highway’ means the entire width between 2 boundary lines of every way publicly maintained when any part of 3 it is open to the use of the public for vehicular travel. 4 (26) ‘Odometer’ means an instrument for measuring and 5 recording the actual distance a motor vehicle travels while in 6 operation; it does not include an auxiliary instrument designed to 7 be reset by the operator of the motor vehicle for the purpose of 8 recording the distance traveled on trips. 9 (27) ‘Odometer reading’ means actual cumulative distance 10 traveled disclosed on the odometer. 11 (28) ‘Odometer disclosure statement’ means a statement, as 12 prescribed by item (4) of Section 563240, certified by the owner of 13 the motor vehicle to the transferee or to the Department of Motor 14 Vehicles as to the odometer reading. 15 (29) ‘Moped’ means every cycle with pedals to permit 16 propulsion by human power and with a motor of not more than 17 fifty cubic centimeters which produces not to exceed one and 18 onehalf brake horsepower and which is not capable of propelling 19 the vehicle at a speed in excess of twentyfive miles per hour on 20 level ground. If an internal combustion engine is used, the moped 21 must have a power drive system that functions directly or 22 automatically without clutching or shifting by the operator after 23 the drive system is engaged. Reserved 24 (30) ‘Automotive threewheel vehicle’ means every motor 25 vehicle having no more than three permanent functional wheels in 26 contact with the ground, having a bench seat for the use of the 27 operator, and having an automotive type steering device, but 28 excluding a tractor or motorcycle threewheel vehicle. 29 (31) ‘Motorcycle threewheel vehicle’ means every motor 30 vehicle having no more than three permanent functional wheels in 31 contact with the ground to include motorcycles with detachable 32 side cars, having a saddle type seat for the operator, and having 33 handlebars or a motorcycle type steering device, but excluding a 34 tractor or automotive threewheel vehicle. Reserved” 35 36 SECTION 5. Section 563250 of the 1976 Code is amended to 37 read: 38 39 “Section 563250. No vehicle shall be registered and licensed 40 by the Department of Motor Vehicles unless a signed statement 41 accompanies the application certifying that all county and 42 municipal taxes legally due by the applicant on the vehicle 43 concerned have been paid and if such vehicle is legally subject to

[4885] 12 1 being returned by the applicant for county and municipal taxes 2 such return has been made; that the applicant is not delinquent in 3 the payment of any motor vehicle taxes in this State, and that the 4 address and county shown on the application for license is the true 5 legal residence of the applicant. A transfer between members of 6 the same family shall not, for the purpose of this section, be 7 considered a bona fide purchase. Any person falsely certifying as 8 required in this section shall have his driver’s license suspended 9 for a period of six months. 10 The provisions of this section shall not apply to a moped, to any 11 citizen of this State on active duty with the Armed Forces of the 12 United States when the vehicle to be registered and licensed is 13 operated for more than six months each year outside the 14 boundaries of this State, nor to any motor vehicle subject to 15 assessment for ad valorem tax purposes by the State Tax 16 Commission Department of Revenue.” 17 18 SECTION 6. Section 563630 of the 1976 Code, as last amended 19 by Act 398 of 2006, is further amended to read: 20 21 “Section 563630. The Department of Motor Vehicles shall 22 classify as a private passenger motor vehicle every motor vehicle 23 which is designed, used, and maintained for the transportation of 24 ten or fewer persons and trucks having an empty weight of nine 25 thousand pounds or less and a gross weight of eleven thousand 26 pounds or less, except a motorcycle, motorcycle threewheel 27 vehicle, or motordriven cycle moped. The department shall 28 classify a threewheel vehicle by the manufacturers manufacture’s 29 statement of origin for the vehicles initial registration. For 30 subsequent registration, the department shall classify the 31 threewheel vehicle by its title document. This section does not 32 relieve or negate any applicable fees required under Section 33 563660.” 34 35 SECTION 7. Section 563760 of the 1976 Code is amended to 36 read: 37 38 “Section 563760. For every motorcycle, motorcycle 39 threewheel vehicle, or motordriven cycle moped the biennial 40 registration fee is ten dollars.” 41 42 SECTION 8. Section 56550 of the 1976 Code is amended to read: 43

[4885] 13 1 “Section 56550. With the exception of Articles 35 and 37, the 2 The provisions of Chapter 5 of, Title 56 govern the operation of 3 mopeds on the public highways and streets of this State.” 4 5 SECTION 9. Section 565361 of the 1976 Code is amended to 6 read: 7 8 “Section 565361. Every motor vehicle except motorcycles and 9 motordriven cycles mopeds, designed for carrying ten passengers 10 or less and used for the transportation of persons is a ‘passenger 11 car’.” 12 13 SECTION 10. Section 5651555 of the 1976 Code is amended to 14 read: 15 16 “Section 5651555. No person may operate a moped at a speed 17 in excess of twentyfive thirty miles an hour, or on a highway with 18 a maximum speed limit that is greater than fortyfive miles an hour. 19 A person who violates the provisions of this section is guilty of a 20 misdemeanor and, upon conviction, must be fined not more than 21 two hundred dollars or imprisoned not more than thirty days.” 22 23 SECTION 11. Section 56920(6), (7), (8), and (9) of the 1976 24 Code is amended to read: 25 26 “(6) ‘Nonresident:’ Every person who is not a resident of this 27 State; Reserved 28 (7) ‘Nonresident operating privilege:’ The privilege conferred 29 upon a nonresident by the laws of this State pertaining to the 30 operation by him of a motor vehicle or the use of a motor vehicle 31 owned by him in this State; Reserved 32 (8) ‘Operator:’ Every person who is in actual physical control 33 of a motor vehicle, whether or not licensed as an operator or 34 chauffeur under the laws of this State; Reserved 35 (9) ‘Owner:’ ‘Owner’: A person who holds the legal title of a 36 motor vehicle or a person to whom a moped is registered, or, in the 37 event a motor vehicle is the subject of an agreement for the 38 conditional sale or lease thereof with the right of purchase upon 39 performance of the conditions stated in the agreement and with an 40 immediate right of possession vested in the conditional vendee or 41 lessee or in the event a mortgagor of a vehicle is entitled to 42 possession, then the conditional vendee or lessee or mortgagor 43 shall be considered the owner for the purposes of this chapter;”

[4885] 14 1 2 SECTION 12. Section 561510(a) of the 1976 Code is amended 3 to read: 4 5 “(a) ‘Motor vehicle’, any motor driven vehicle required to be 6 registered under Section 563110. This For purposes of this 7 chapter, this definition does not include motorcycles, or mopeds.” 8 9 SECTION 13. Section 561610(a) of the 1976 Code is amended 10 to read: 11 12 “(a) ‘Motorcycle’ means every motor vehicle having a seat or 13 saddle for the use of the rider and designed to travel on not more 14 than two wheels in contact with the ground as defined in Section 15 56110. This section chapter shall not apply to bicycles with helper 16 motors or vehicles defined in Section 5611710.” 17 18 SECTION 14. Section 561910 of the 1976 Code, as last 19 amended by Act 317 of 2008, is further amended to read: 20 21 “Section 561910. For the purposes of this chapter and Chapter 22 21 of, Title 16, the following terms are defined as follows: 23 (1) ‘Authorized emergency vehicle’ means vehicles of the fire 24 department, police vehicles, and the ambulances and emergency 25 vehicles of municipal departments or public service corporations 26 designated or authorized by the chief of police or governing body 27 of a municipality. 28 (2) ‘Bicycle’ means a device propelled solely by pedals, 29 operated by one or more persons, and having two or more wheels, 30 except childrens’ tricycles. 31 (3) ‘Bus’ means every motor vehicle designed for carrying 32 more than ten passengers and used for the transportation of persons 33 and every motor vehicle, other than a taxicab, designed and used 34 for the transportation of persons for compensation. 35 (4) ‘Dealer’ or ‘motor vehicle dealer’ means both ‘dealer’ and 36 ‘wholesaler’, as defined in Chapter 15 of this title. 37 (5) ‘Driver’ means every person who drives or is in actual 38 physical control of a vehicle. Reserved 39 (6) ‘Essential parts’ means all integral and body parts of a 40 vehicle of a type required to be registered under this title, the 41 removal, alteration, or substitution of which would tend to conceal 42 the identity of the vehicle or substantially alter its appearance, 43 model, type, or mode of operation.

[4885] 15 1 (7) [Deleted] 2 (8) ‘Farm tractor’ means every motor vehicle designed and 3 used primarily as a farm implement for drawing plows, mowing 4 machines, and other implements of husbandry. 5 (9) ‘Foreign vehicle’ means every vehicle of a type required to 6 be registered under this title brought into this State from another 7 state, territory, or country, other than in the ordinary course of 8 business by or through a manufacturer or dealer, and not registered 9 in this State. 10 (10) ‘House trailer’ means: 11 (a) a trailer or semitrailer which is designed, constructed, 12 and equipped as a dwelling place, living abode, or sleeping place, 13 either permanently or temporarily, and is equipped for use as a 14 conveyance on streets and highways; or 15 (b) a trailer or a semitrailer whose chassis and exterior shell 16 is designed and constructed for use as a house trailer, as defined in 17 subitem (a) of this item, but which is used instead permanently or 18 temporarily for the advertising, sales, display, or promotion of 19 merchandise or services or for another commercial purpose except 20 the transportation of property for hire or the transportation of 21 property for distribution by a private carrier. 22 (11) ‘Identifying number’ means the numbers and letters, if any, 23 on a vehicle designated by the Department of Motor Vehicles for 24 the purpose of identifying the vehicle. 25 (12) ‘Implement of husbandry’ means every vehicle, including 26 mobile barns, designed and adapted exclusively for agricultural, 27 horticultural, or livestockraising operations or for lifting or 28 carrying an implement of husbandry and in either case not subject 29 to registration if used upon the highways. 30 (13) ‘Lienholder’ means a person holding a security interest in a 31 vehicle. 32 (14) ‘Mail’ means to deposit in the United States mail, properly 33 addressed and with postage prepaid. 34 (15) ‘Manufacturer’ means every person engaged in the 35 business of constructing or assembling vehicles of a type required 36 to be registered under this title at an established place of business 37 in this State. 38 (16) ‘Motor vehicle’ means every vehicle which is self 39 propelled, except mopeds, and every vehicle which is propelled by 40 electric power obtained from overhead trolley wires, but not 41 operated upon rails. Reserved 42 (17) ‘Motorcycle’ means every motor vehicle having no more 43 than two permanent functional wheels in contact with the ground

[4885] 16 1 or trailer and having a saddle for the use of the rider, but excluding 2 a tractor. Reserved 3 (18) ‘Motordriven cycle’ means every motorcycle, including 4 every motor scooter with a motor which produces not to exceed 5 five horsepower. Reserved 6 (19) ‘Nonresident’ means every person who is not a resident of 7 this State. Reserved 8 (20) ‘Operator’ means every person, other than a chauffeur, who 9 drives or is in actual physical control of a motor vehicle upon a 10 highway or who is exercising control over or steering a vehicle 11 being towed by a motor vehicle. Reserved 12 (21) ‘Owner’ means a person, other than a lienholder, having 13 the property in or title to a vehicle. The term includes a person 14 entitled to the use and possession of a vehicle subject to a security 15 interest in another person but excludes a lessee under a lease not 16 intended as security. Reserved 17 (22) ‘Pole trailer’ means every vehicle without motive power 18 designed to be drawn by another vehicle and attached to the towing 19 vehicle by means of a reach or pole or by being boomed or 20 otherwise secured to the towing vehicle and ordinarily used for 21 transporting long or irregularly shaped loads such as poles, pipes, 22 or structural members capable, generally, of sustaining themselves 23 as beams between the supporting connections. 24 (23) ‘Previously registered vehicle’ means a vehicle registered 25 in this State on January 1, 1958, or a vehicle whose last 26 registration before that date was in this State. 27 (24) ‘Reconstructed vehicle’ means every vehicle of a type 28 required to be registered under this title materially altered from its 29 original construction by the removal, addition, or substitution of 30 essential parts, new or used. 31 (25) ‘Registration’ means the registration certificate or 32 certificates and registration plates issued under the laws of this 33 State pertaining to the registration of vehicles. 34 (26) ‘Road tractor’ means every motor vehicle designed and 35 used for drawing other vehicles and not constructed to carry any 36 load on it, either independently or any part of the weight of a 37 vehicle or load drawn. 38 (27) ‘School bus’ means every motor vehicle owned by a public 39 or governmental agency and operated for the transportation of 40 children to or from school, or privately owned and operated for 41 compensation for the transportation of children to or from school. 42 (28) ‘Security agreement’ means a written agreement which 43 reserves or creates a security interest.

[4885] 17 1 (29) ‘Security interest’ means an interest in a vehicle reserved or 2 created by agreement and which secures payment or performance 3 of an obligation, conditional sale contract, conditional lease, 4 chattel mortgage, or other lien or encumbrance, except taxes or 5 attachment liens provided for in Section 291520. The term 6 includes the interest of a lessor under a lease intended as security. 7 A security interest is ‘perfected’ when it is valid against third 8 parties generally, subject only to specific statutory exceptions. 9 (30) ‘Semitrailer’ means every vehicle with or without motive 10 power, other than a pole trailer, designed for carrying persons or 11 property and for being drawn by a motor vehicle and constructed 12 so that some part of its weight and that of its load rests upon or is 13 carried by another vehicle. 14 (31) ‘Special mobile equipment’ means every vehicle not 15 designed or used primarily for the transportation of persons or 16 property and only incidentally operated or moved over a highway 17 including, but not limited to: ditchdigging apparatus, wellboring 18 apparatus, and road construction and maintenance machinery, such 19 as asphalt spreaders, bituminous mixers, bucket loaders, tractors 20 other than truck tractors, ditchers, leveling graders, finishing 21 machines, motor graders, road rollers, scarifiers, earthmoving 22 carryalls and scrapers, power shovels and draglines, and 23 selfpropelled cranes and earthmoving equipment. The term does 24 not include house trailers, dump trucks, truckmounted transit 25 mixers, cranes, or shovels, or other vehicles designed for the 26 transportation of persons or property to which machinery has been 27 attached. 28 (32) ‘Specifically constructed vehicle’ means every vehicle of a 29 type required to be registered under this title not originally 30 constructed under a distinctive name, make, model, or type by a 31 generally recognized manufacturer of vehicles and not materially 32 altered from its original construction. 33 (33) ‘Trackless trolley coach’ means every motor vehicle which 34 is propelled by electric power obtained from overhead trolley 35 wires but not operated upon rails. 36 (34) ‘Trailer’ means every vehicle with or without motive 37 power, other than a pole trailer, designed for carrying persons or 38 property and for being drawn by a motor vehicle and constructed 39 so that no part of its weight rests upon the towing vehicle. 40 (35) ‘Transporter’ means every person engaged in the business 41 of delivering vehicles of a type required to be registered under this 42 title from a manufacturing, assembling, or distributing plant to 43 dealers or sales agents of a manufacturer.

[4885] 18 1 (36) ‘Truck’ means every motor vehicle designed, used, or 2 maintained primarily for the transportation of property. 3 (37) ‘Truck tractor’ means every motor vehicle designed and 4 used primarily for drawing other vehicles and not constructed to 5 carry a load other than a part of the weight of the vehicle and load 6 drawn. 7 (38) ‘Vehicle’ means every device in, upon, or by which a 8 person or property is or may be transported or drawn upon a 9 highway, excepting devices moved by human power or used 10 exclusively upon stationary rails or tracks. Reserved 11 (39) ‘Mobile home’ means every vehicle which is designed, 12 constructed, and equipped principally as a permanent dwelling 13 place and is equipped to be moved on streets and highways, but 14 which exceeds the size limitations prescribed in Section 563710 15 and which cannot be licensed and registered by the Department of 16 Motor Vehicles as a ‘house trailer’. 17 (40) ‘Odometer’ means an instrument for measuring and 18 recording the actual distance a motor vehicle travels while in 19 operation; it does not include an auxiliary instrument designed to 20 be reset by the operator of the motor vehicle for the purpose of 21 recording the distance traveled on trips. 22 (41) ‘Odometer reading’ means actual cumulative distance 23 traveled disclosed on the odometer. 24 (42) ‘Odometer disclosure statement’ means a statement, as 25 prescribed by item (d) of subsection (1) of Section 5619240, 26 certified by the owner of the motor vehicle to the transferee or to 27 the Department of Motor Vehicles as to the odometer reading. 28 (43) ‘Moped’ means, notwithstanding item (2), every cycle with 29 pedals to permit propulsion by human power or without pedals and 30 with a motor of not more than fifty cubic centimeters which 31 produces not to exceed two brake horsepower and which is not 32 capable of propelling the vehicle at a speed in excess of thirty 33 miles an hour on level ground. If an internal combustion engine is 34 used, the moped must have a power drive system that functions 35 directly or automatically without clutching or shifting by the 36 operator after the drive system is engaged. Reserved 37 (44) ‘Automotive threewheel vehicle’ means a motor vehicle 38 having no more than three permanent functional wheels in contact 39 with the ground, having a bench seat for the use of the operator, 40 and having an automotive type steering device, but excluding a 41 tractor and a motorcycle threewheel vehicle. Reserved 42 (45) ‘Motorcycle threewheel vehicle’ means a motor vehicle 43 having no more than three permanent functional wheels in contact

[4885] 19 1 with the ground to include motorcycles with detachable side cars, 2 having a saddle type seat for the operator, and handlebars or a 3 motorcycle type steering device, but excluding a tractor or 4 automotive threewheel vehicle. Reserved” 5 6 SECTION 15. Section 5619220 of the 1976 Code is amended to 7 read: 8 9 “Section 5619220. No certificate of title need be obtained for: 10 (1) A vehicle owned by the United States unless it is registered 11 in this State; 12 (2) A vehicle owned by a manufacturer or dealer and held for 13 sale, even though incidentally moved on the highway or used for 14 purposes of testing or demonstration, or a vehicle used by the 15 manufacturer solely for testing; 16 (3) A vehicle owned by a nonresident of this State and not 17 required by law to be registered in this State; 18 (4) A vehicle regularly engaged in the interstate transportation 19 of persons or property for which a currently effective certificate of 20 title has been issued in another state; 21 (5) A vehicle moved solely by animal power; 22 (6) An implement of husbandry; 23 (7) Special mobile equipment not required to be registered and 24 licensed in this State; 25 (8) A pole trailer; and 26 (9) Vehicles A vehicle not required to be licensed and 27 registered in this State, except mobile homes. 28 (10) A vehicle used by its manufacturer in a benefit program for 29 the manufacturer’s employees.; 30 (11) A vehicle used by its manufacturer for testing, distribution, 31 evaluation, and promotion, subject to the limitation in Section 32 5632332(B)(2); or 33 (12) A moped.” 34 35 SECTION 16. Sections 5611710, 565120, 565130, 565140, 36 565150, 565155, 565165, 565410, and 5651550, are repealed. 37 38 SECTION 17. The repeal or amendment by this act of any law, 39 whether temporary or permanent or civil or criminal, does not 40 affect pending actions, rights, duties, or liabilities founded thereon, 41 or alter, discharge, release or extinguish any penalty, forfeiture, or 42 liability incurred under the repealed or amended law, unless the 43 repealed or amended provision shall so expressly provide. After

[4885] 20 1 the effective date of this act, all laws repealed or amended by this 2 act must be taken and treated as remaining in full force and effect 3 for the purpose of sustaining any pending or vested right, civil 4 action, special proceeding, criminal prosecution, or appeal existing 5 as of the effective date of this act, and for the enforcement of 6 rights, duties, penalties, forfeitures, and liabilities as they stood 7 under the repealed or amended laws. 8 9 SECTION 18. This act takes effect upon approval by the 10 Governor. 11 XX 12

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