2017-2018 Bill 444 Text of Previous Version (Mar. 22, 2017) - South Carolina Legislature Online

1 Indicates Matter Stricken 2 Indicates New Matter 3 4 COMMITTEE REPORT 5 March 21, 2017 6 7 S. 444 8 9 Introduced by Senator Grooms 10 11 S. Printed 3/21/17--S. [SEC 3/22/17 2:28 PM] 12 Read the first time February 21, 2017. 13 14 15 THE COMMITTEE ON TRANSPORTATION 16 To whom was referred a Bill (S. 444) to amend Section 56-1- 17 10(15) and 56-1-10(18) of the 1976 Code, relating to driver’s 18 license definitions, to change, etc., respectfully 19 REPORT: 20 That they have duly and carefully considered the same and 21 recommend that the same do pass with amendment: 22 23 Amend the bill, as and if amended, by striking all after the 24 enacting words and inserting: 25 / SECTION 1. Section 56-1-10(15) of the 1976 Code is 26 amended to read: 27 “(15) ‘Automotive threewheel vehicle’ ‘ Autocycle ’ means 28 every motor vehicle having no more than three permanent 29 functional wheels in contact with the ground, having a bench seat 30 for the use of the operator, seating that does not require the 31 operator to straddle or sit astride it and having an automotive type 32 steering device, but excluding a tractor or motorcycle threewheel 33 vehicle.” 34 SECTION 2. Section 56-1-10(18) of the 1976 Code is amended 35 to read: 36 “(18) ‘Motorcycle threewheel vehicle’ means every motor 37 vehicle having no more than three permanent functional wheels in 38 contact with the ground to include motorcycles with detachable 39 side cars, having a saddle type seat for the operator, and having 40 handlebars or a motorcycle type steering device but excluding a 41 tractor or automotive threewheel vehicle autocycle.”

[444-1] 1 SECTION 3. Section 56-1-130(C) of the 1976 Code is 2 amended to read: 3 “(C)(1) A basic driver’s license authorizes the licensee to 4 operate motor vehicles, automotive threewheel vehicles 5 autocycles, motorcycle threewheel vehicles, excluding a 6 motorcycle with a detachable side car, or combinations of vehicles 7 which do not exceed twentysix thousand pounds gross vehicle 8 weight rating; provided, that the driver has successfully 9 demonstrated the ability to exercise ordinary and reasonable 10 control in the operation of a motor vehicle in this category. A basic 11 driver’s license also authorizes the licensee to operate farm trucks 12 provided for in Sections 563670, 563680, and 563690, which are 13 used exclusively by the owner for agricultural, horticultural, and 14 dairying operations or livestock and poultry raising. 15 Notwithstanding another provision of law, the holder of a 16 conditional license, or special restricted license operating a farm 17 truck for the purposes provided in this subsection, may operate the 18 farm truck without an accompanying adult after six o’clock a.m. 19 and no later than nine o’clock p.m., but may not operate a farm 20 truck on a freeway. A person operating a farm truck while holding 21 a conditional driver’s license or a special restricted license may not 22 use the farm truck for ordinary domestic purposes or general 23 transportation. 24 (2) A classified driver’s license shall authorize the licensee 25 to operate a motorcycle, motorcycle threewheel vehicle, including 26 a motorcycle with a detachable side car, or those vehicles in excess 27 of twentysix thousand pounds gross vehicle weight rating which 28 are indicated by endorsement on the license. The endorsement may 29 include classifications such as: motorcycle, twoaxle truck, three or 30 more axle truck, combination of vehicles, motor busses, or 31 oversize or overweight vehicles. The department shall determine 32 from the driving demonstration the endorsements to be indicated 33 on the license.” 34 SECTION 4. Section 56-3-20(30) of the 1976 Code is amended 35 to read: 36 “(30) ‘Automotive threewheel vehicle’ means every motor 37 vehicle having no more than three permanent functional wheels in 38 contact with the ground, having a bench seat for the use of the 39 operator, and having an automotive type steering device, but 40 excluding a tractor or motorcycle threewheel vehicle. Reserved.” 41 SECTION 5. Section 56-3-20(31) of the 1976 Code is amended 42 to read:

[444-2] 1 “(31) ‘Motorcycle threewheel vehicle’ means every motor 2 vehicle having no more than three permanent functional wheels in 3 contact with the ground to include motorcycles with detachable 4 side cars, having a saddle type seat for the operator, and having 5 handlebars or a motorcycle type steering device, but excluding a 6 tractor or automotive threewheel vehicle. Reserved.” 7 SECTION 6. Section 56-19-10(44) of the 1976 Code is 8 amended to read: 9 “(44) ‘Automotive threewheel vehicle’ means a motor vehicle 10 having no more than three permanent functional wheels in contact 11 with the ground, having a bench seat for the use of the operator, 12 and having an automotive type steering device, but excluding a 13 tractor and a motorcycle threewheel vehicle. Reserved.” 14 SECTION 7. Section 56-19-10(45) of the 1976 Code is 15 amended to read: 16 “(45) ‘Motorcycle threewheel vehicle’ means a motor vehicle 17 having no more than three permanent functional wheels in contact 18 with the ground to include motorcycles with detachable side cars, 19 having a saddle type seat for the operator, and handlebars or a 20 motorcycle type steering device, but excluding a tractor or 21 automotive threewheel vehicle. Reserved.” 22 SECTION 8. Sections 56-5-145 and 56-5-155 of the 1976 Code 23 are repealed. 24 SECTION 9. This act takes effect six months after approval by 25 the Governor. / 26 Renumber sections to conform. 27 Amend title to conform. 28 29 LAWRENCE K. GROOMS for Committee. 30

[444-3] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 56-1-10(15) AND 56-1-10(18) OF THE 12 1976 CODE, RELATING TO DRIVER’S LICENSE 13 DEFINITIONS, TO CHANGE “AUTOMOTIVE THREE- 14 WHEEL VEHICLE” TO “AUTOCYCLE” AND PROVIDE THE 15 DEFINITION AND TO UPDATE REFERENCES TO THE 16 DEFINITION; TO AMEND SECTION 56-1-130(C), RELATING 17 TO LICENSE EXAMINATIONS, TO CHANGE 18 “AUTOMOTIVE THREE-WHEEL VEHICLE” TO 19 “AUTOCYCLE”; TO AMEND SECTION 56-3-20(30) AND 56- 20 3-20(31), RELATING TO MOTOR VEHICLE REGISTRATION 21 AND LICENSING DEFINITIONS, TO CHANGE 22 “AUTOMOTIVE THREE-WHEEL VEHICLE” TO 23 “AUTOCYCLE”; TO AMEND SECTION 56-5-145, RELATING 24 TO THE DEFINITION OF “AUTOMOTIVE THREE-WHEEL 25 VEHICLE”, TO CHANGE “AUTOMOTIVE THREE-WHEEL 26 VEHICLE” TO “AUTOCYCLE”; TO AMEND SECTION 56-5- 27 155, RELATING TO THE DEFINITION OF “MOTORCYCLE 28 THREE-WHEEL VEHICLE”, TO UPDATE REFERENCES; 29 AND TO AMEND SECTIONS 56-19-10(44) AND 56-19-10(45), 30 RELATING TO DEFINITIONS REGARDING THE 31 PROTECTION OF TITLES TO AND INTERESTS IN MOTOR 32 VEHICLES, TO CHANGE “AUTOMOTIVE THREE-WHEEL 33 VEHICLE” TO “AUTOCYCLE” AND UPDATE REFERENCES. 34 35 Be it enacted by the General Assembly of the State of South 36 Carolina: 37 38 SECTION 1. Section 56-1-10(15) of the 1976 Code is amended to 39 read: 40 41 “(15) ‘Automotive threewheel vehicle’ ‘ Autocycle ’ means 42 every motor vehicle having no more than three permanent

[444] 4 1 functional wheels in contact with the ground, having a bench or 2 bucket seat for the use of the operator, and having an automotive 3 type steering device, but excluding a tractor or motorcycle 4 threewheel vehicle.” 5 6 SECTION 2. Section 56-1-10(18) of the 1976 Code is amended to 7 read: 8 9 “(18) ‘Motorcycle threewheel vehicle’ means every motor 10 vehicle having no more than three permanent functional wheels in 11 contact with the ground to include motorcycles with detachable 12 side cars, having a saddle type seat for the operator, and having 13 handlebars or a motorcycle type steering device but excluding a 14 tractor or automotive threewheel vehicle autocycle.” 15 16 SECTION 3. Section 56-1-130(C) of the 1976 Code is amended 17 to read: 18 19 “(C)(1) A basic driver’s license authorizes the licensee to 20 operate motor vehicles, automotive threewheel vehicles 21 autocycles, motorcycle threewheel vehicles, excluding a 22 motorcycle with a detachable side car, or combinations of vehicles 23 which do not exceed twentysix thousand pounds gross vehicle 24 weight rating; provided, that the driver has successfully 25 demonstrated the ability to exercise ordinary and reasonable 26 control in the operation of a motor vehicle in this category. A basic 27 driver’s license also authorizes the licensee to operate farm trucks 28 provided for in Sections 563670, 563680, and 563690, which are 29 used exclusively by the owner for agricultural, horticultural, and 30 dairying operations or livestock and poultry raising. 31 Notwithstanding another provision of law, the holder of a 32 conditional license, or special restricted license operating a farm 33 truck for the purposes provided in this subsection, may operate the 34 farm truck without an accompanying adult after six o’clock a.m. 35 and no later than nine o’clock p.m., but may not operate a farm 36 truck on a freeway. A person operating a farm truck while holding 37 a conditional driver’s license or a special restricted license may not 38 use the farm truck for ordinary domestic purposes or general 39 transportation. 40 (2) A classified driver’s license shall authorize the licensee 41 to operate a motorcycle, motorcycle threewheel vehicle, including 42 a motorcycle with a detachable side car, or those vehicles in excess 43 of twentysix thousand pounds gross vehicle weight rating which

[444] 5 1 are indicated by endorsement on the license. The endorsement may 2 include classifications such as: motorcycle, twoaxle truck, three or 3 more axle truck, combination of vehicles, motor busses, or 4 oversize or overweight vehicles. The department shall determine 5 from the driving demonstration the endorsements to be indicated 6 on the license.” 7 8 SECTION 4. Section 56-3-20(30) of the 1976 Code is amended to 9 read: 10 11 “(30) ‘Automotive threewheel vehicle’ ‘ Autocycle ’ means 12 every motor vehicle having no more than three permanent 13 functional wheels in contact with the ground, having a bench or 14 bucket seat for the use of the operator, and having an automotive 15 type steering device, but excluding a tractor or motorcycle 16 threewheel vehicle.” 17 18 SECTION 5. Section 56-3-20(31) of the 1976 Code is amended to 19 read: 20 21 “(31) ‘Motorcycle threewheel vehicle’ means every motor 22 vehicle having no more than three permanent functional wheels in 23 contact with the ground to include motorcycles with detachable 24 side cars, having a saddle type seat for the operator, and having 25 handlebars or a motorcycle type steering device, but excluding a 26 tractor or automotive threewheel vehicle autocycle.” 27 28 SECTION 6. Section 56-5-145 of the 1976 Code is amended to 29 read: 30 31 “Section 56-5-145. An automotive threewheel vehicle 32 ‘Autocycle’ means a motor vehicle having no more than three 33 permanent functional wheels in contact with the ground, having a 34 bench seat for the use of the operator, and having an automotive 35 type steering device, but excludes a tractor and a motorcycle 36 threewheel vehicle.” 37 38 SECTION 7. Section 56-5-155 of the 1976 Code is amended to 39 read: 40 41 “Section 56-5-155. A motorcycle threewheel vehicle means a 42 motor vehicle having no more than three permanent functional 43 wheels in contact with the ground and includes motorcycles with

[444] 6 1 detachable side cars, having a saddle type seat for the operator, and 2 handle bars or a motorcycle type steering device, but excludes a 3 tractor or automotive threewheel vehicle autocycle.” 4 5 SECTION 8. Section 56-19-10(44) of the 1976 Code is amended 6 to read: 7 8 “(44) ‘Automotive threewheel vehicle’ ‘Autocycle’ means a 9 motor vehicle having no more than three permanent functional 10 wheels in contact with the ground, having a bench or bucket seat 11 for the use of the operator, and having an automotive type steering 12 device, but excluding a tractor and a motorcycle threewheel 13 vehicle.” 14 15 SECTION 9. Section 56-19-10(45) of the 1976 Code is amended 16 to read: 17 18 “(45) ‘Motorcycle threewheel vehicle’ means a motor vehicle 19 having no more than three permanent functional wheels in contact 20 with the ground to include motorcycles with detachable side cars, 21 having a saddle type seat for the operator, and handlebars or a 22 motorcycle type steering device, but excluding a tractor or 23 automotive threewheel vehicle autocycle.” 24 25 SECTION 10. This act takes effect upon approval by the 26 Governor. 27 XX 28

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