reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-770. Points reduced for completing defensive driving course.

(A) Any driver who has accumulated points under the provisions of this article shall have the number of his points reduced by four upon proving to the satisfaction of the Department of Motor Vehicles that he has completed the National Safety Council's "Defensive Driving Course" or its equivalent, if the course is completed after the points have been assessed. The course must be taught by an instructor accredited by the National Safety Council whose procedures for accreditation are set forth in the "Manual of Rules and Procedures" published by the National Safety Council or equivalent accreditation procedures. The department shall establish procedures by which driver training schools may apply to the department for approval of a defensive driving course which will qualify those successfully completing the course for a reduction in points pursuant to this section. The department shall approve the National Safety Council's "Defensive Driving Course" or its equivalent when offered by driver training schools and taught by an instructor accredited by the National Safety Council or equivalent accreditation procedures.
(B) Any driver with a Class M (motorcycle) endorsement who has accumulated points under the provisions of this article shall have the number of his points reduced by four upon proving to the satisfaction of the Department of Motor Vehicles that he has successfully completed a South Carolina technical college motorcycle safety course or its equivalent. All courses offered for point reduction must be at least eight hours in length and be taught by an instructor accredited through a training program in which the procedures for accreditation are equivalent to those set forth in "Manual of Rules and Procedures" published by the National Safety Council.
(C) No person's points may be reduced more than one time in any three-year period, pursuant to the provisions contained in this section.
HISTORY: 1962 Code Section 46-196.4:1; 1974 (58) 2067; 1979 Act No. 49; 1988 Act No. 612, Section 1; 1993 Act No. 181, Section 1333; 1996 Act No. 459, Section 107; 2018 Act No. 127 (S.456), Section 2, eff February 5, 2018.
Effect of Amendment
2018 Act No. 127, Section 2, in (A), added the paragraph identifier and deleted the fifth sentence, which had provided that no person's points may be reduced more than one time in any three-year period; and added (B) and (C).
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-780. Reports of certain convictions to Department of Motor Vehicles.

The provisions of Section 56-5-2970, shall also apply to convictions in cases involving other traffic violations as listed in Section 56-1-720.
HISTORY: 1962 Code Section 46-196.5; 1955 (49) 249.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-790. Reports of out-of-state, federal or court-martial convictions; recording against drivers.

The Department of Motor Vehicles may enter into a reciprocal agreement with the proper agency of any other state for the purpose of reporting convictions in one state by a person holding a driver's license in the other state. Such convictions in another state of a violation therein which, if committed in this State, would be a violation of the traffic laws of this State, may be recorded against a driver the same as if the conviction had been made in the courts of this State. When a resident of this State has been convicted of a motor vehicle violation in another state for which there is no corresponding offense in this State, excluding the offenses listed in Section 56-1-650(A), the conviction must not be recorded on the person's driving record in this State.
Guilty pleas, failure to respond to charges or convictions by courts-martial or post or base commanders of any of the various branches of the Armed Forces of the United States or by a United States Commissioner of a violation either on or off government property which, if committed in this State, would be a violation of the laws of this State, may, in the discretion of the department, be recorded against a driver the same as if the plea of guilty, forfeiture of bond, or conviction had been made in the courts of this State.
HISTORY: 1962 Code Section 46-196.6; 1955 (49) 249; 1969 (56) 690; 1993 Act No. 181, Section 1334; 1996 Act No. 459, Section 108; 1998 Act No. 258, Section 15.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-800. Certified copies of reports as evidence of convictions.

In all proceedings held under the provisions of this article, photostatic, optical disk, or other copies of the reports filed with the Department of Motor Vehicles, including official reports received from directors of the motor vehicle divisions, court officials, or other agencies of other states charged with the duty of keeping records of offenses against the traffic laws of such states and reports of courts-martial or United States Commissioners, are deemed to be true copies, when such copies are duly certified by the director or his designee as true copies of the original on file therewith, and as such shall be deemed prima facie evidence of the information contained on such reports for the purpose of showing any conviction.
HISTORY: 1962 Code Section 46-196.7; 1955 (49) 249; 1993 Act No. 181, Section 1335; 1996 Act No. 459, Section 109.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-810. Notice of suspension; surrender of license.

Upon the determination by the Department of Motor Vehicles that a person has accumulated sufficient points to warrant the suspension of his license, the department shall notify such licensee in writing, return receipt requested, that his license has been suspended, and such licensee shall return his license to the department within the time required by Section 56-1-350 and subject to the penalties thereof for failing to do so.
HISTORY: 1962 Code Section 46-196.8; 1955 (49) 249; 1959 (51) 421; 1993 Act No. 181, Section 1336; 1996 Act No. 459, Section 110.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-820. Hearing on suspension.

The licensee may, within ten days after notice of suspension, request in writing a contested case hearing before the Office of Motor Vehicle Hearings, and upon receipt of the request the Office of Motor Vehicle Hearings shall afford him a hearing in accordance with the State Administrative Procedures Act and the rules of procedure for the Office of Motor Vehicle Hearings.
HISTORY: 1962 Code Section 46-196.9; 1955 (49) 249; 1959 (51) 421; 1988 Act No. 623, Section 2; 1988 Act No. 616, Section 2; 1993 Act No. 181, Section 1337; 1996 Act No. 459, Section 111; 2008 Act No. 279, Section 4, eff October 1, 2008.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-850. Other provisions for mandatory suspension, revocation, or cancellation unaffected.

Nothing contained in this article shall affect the action of the Department of Motor Vehicles in suspending, revoking, or canceling any driver's license when such action is mandatory under the provisions of any law of this State.
HISTORY: 1962 Code Section 46-196.12; 1955 (49) 249; 1993 Act No. 181, Section 1340; 1996 Act No. 459, Section 112.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-1010. Legislative declaration of policy.

It is hereby declared to be the policy of this State:
(a) To provide maximum safety for all persons who use the public highways of this State; and
(b) To deny the privilege of operating motor vehicles on such highways to persons who by their conduct and record have demonstrated their indifference to the safety and welfare of others and their disrespect for the laws of this State; and
(c) To discourage repetition of unlawful acts by individuals against the peace and dignity of this State and her political subdivisions and to impose additional penalties upon habitual offenders who have been convicted repeatedly of violations of the traffic laws of this State.
HISTORY: 1962 Code Section 46-197; 1973 (58) 424; 1974 (58) 2998.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-1020. "Habitual offender" and "conviction" defined.

An habitual offender shall mean any person whose record as maintained by the Department of Motor Vehicles shows that he has accumulated the convictions for separate and distinct offenses described in subsections (a), (b) and (c) committed during a three-year period; provided, that where more than one included offense shall be committed within a one-day period such multiple offenses shall be treated for the purposes of this article as one offense:
(a) Three or more convictions, singularly or in combination of any of the following separate and distinct offenses arising out of separate acts:
(1) Voluntary manslaughter, involuntary manslaughter or reckless homicide resulting from the operation of a motor vehicle;
(2) Operating or attempting to operate a motor vehicle while under the influence of intoxicating liquor, narcotics or drugs;
(3) Driving or operating a motor vehicle in a reckless manner;
(4) Driving a motor vehicle while his license, permit, or privilege to drive a motor vehicle has been suspended or revoked, except a conviction for driving under suspension for failure to file proof of financial responsibility;
(5) Any offense punishable as a felony under the motor vehicle laws of this State or any felony in the commission of which a motor vehicle is used;
(6) Failure of the driver of a motor vehicle involved in any accident resulting in the death or injury of any person to stop close to the scene of such accident and report his identity;
(b) Ten or more convictions of separate and distinct offenses involving moving violations singularly or in combination, in the operation of a motor vehicle, which are required to be reported to the department for which four or more points are assigned pursuant to Section 56-1-720 or which are enumerated in subsection (a) of this section.
(c) The offenses included in subsections (a) and (b) shall be deemed to include offenses under any federal law, any law of another state or any municipal or county ordinance of another state substantially conforming to the above provisions.
(d) For purposes of determining the number of convictions for separate and distinct offenses committed during any three-year period, a person shall be deemed to be convicted of an offense on the date the offense was committed if he is subsequently convicted of committing such offense.
HISTORY: 1962 Code Section 46-197.1; 1973 (58) 424; 1974 (58) 2998; 1984 Act No. 516, Section 1; 1993 Act No. 181, Section 1341; 1996 Act No. 459, Section 113.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-1030. Habitual offender determination; revocation of license; notice of determination and appeal.

(A) When a person is convicted of one or more of the offenses listed in Section 56-1-1020(a), (b), or (c), the Department of Motor Vehicles must review its records for that person. If the department determines after review of its records that the person is an habitual offender as defined in Section 56-1-1020, the department must revoke or suspend the person's driver's license.
(B) If the department determines the person is an habitual offender, the department shall give notice of its determination to the person and direct the person not to operate a motor vehicle on the highways of this State and to surrender his driver's license or permit to the department. The notice must provide that a person aggrieved by the department determination may file a request for a contested case hearing with the Office of Motor Vehicle Hearings in accordance with its rules of procedure. The Office of Motor Vehicle Hearings has exclusive jurisdiction to conduct these hearings.
HISTORY: 1962 Code Section 46-197.2; 1973 (58) 424; 1974 (58) 2998; 1988 Act No. 532, Section 3; 1990 Act No. 602, Section 1; 1993 Act No. 181, Section 1342; 1996 Act No. 459, Section 114; 2006 Act No. 381, Section 5, eff June 13, 2006; 2008 Act No. 279, Section 5, eff October 1, 2008.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-1100. Penalties.

A person found to be an habitual offender under the provisions of this article, who subsequently is convicted of operating a motor vehicle in this State while the decision of the Department of Motor Vehicles prohibiting the operation is in effect, is guilty of a felony and must be imprisoned not more than five years.
For the purpose of enforcing this section, in any case in which the accused is charged with driving a motor vehicle while his driver's license or permit is suspended or revoked or is charged with driving without a license, the department, before hearing the charges, shall determine whether the person has been adjudged an habitual offender and is barred from operating a motor vehicle on the highways of this State. If the person is found to be an habitual offender, the department shall notify the solicitor or Attorney General and he shall cause the appropriate criminal charges to be lodged against the offender.
HISTORY: 1962 Code Section 46-197.9; 1973 (58) 424; 1974 (58) 2998; 1988 Act No. 532, Section 5; 1993 Act No. 181, Section 1344; 1993 Act No. 184, Section 81; 1996 Act No. 459, Section 116.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-1105. Penalties for driving while license cancelled, suspended, or revoked.

(A) For purposes of this section:
(1) "Great bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(2) "Habitual offender" has the same meaning as in Section 56-1-1020.
(B) An habitual offender who drives a motor vehicle on any public highway of this State when the offender's license to drive has been canceled, suspended, or revoked, and when driving does any act forbidden by law or neglects any duty imposed by law in the driving of the motor vehicle, which act or neglect proximately causes great bodily injury or death to a person other than himself, is guilty of a felony, and, upon conviction, guilty plea, or nolo contendere plea must be punished:
(1) by a fine of not more than five thousand dollars and imprisonment for not more than ten years when great bodily injury results; or
(2) by a fine of not less than five thousand dollars nor more than ten thousand dollars and imprisonment for not more than twenty years when death results.
(C) The Department of Motor Vehicles must suspend the driver's license of an habitual offender who is convicted, pleads guilty, or pleads nolo contendere pursuant to this section for a period to include incarceration plus two years when great bodily injury results and three years when death results. The period of incarceration must not include any portion of a suspended sentence such as probation, parole, supervised furlough, or community supervision. For suspension purposes of this section, convictions arising out of a single incident shall run concurrently.
HISTORY: 2010 Act No. 273, Section 18.B, eff June 2, 2010.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-1110. Article does not affect existing laws.

Nothing in this article shall be construed as affecting any existing law of this State or any existing ordinance of any political subdivision of the State relating to the operation of motor vehicles, the licensing of persons to operate motor vehicles or providing penalties for the violation thereof.
HISTORY: 1962 Code Section 46-197.10; 1973 (58) 424; 1974 (58) 2998.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-1130. Notification of potential offenders.

The Department of Motor Vehicles shall send a written notice to any person who it determines is in danger of becoming an habitual offender.
HISTORY: 1962 Code Section 46-197.12; 1973 (58) 424; 1974 (58) 2998; 1993 Act No. 181, Section 1346; 1996 Act No. 459, Section 117.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-1330. Applicant required to complete alcohol traffic safety program.

The provisional driver's license provision must include a mandatory requirement that the applicant enroll in an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services and successfully complete services pursuant to the requirements specified in Section 56-5-2990. If the applicant fails to complete successfully the services as directed by the Alcohol and Drug Safety Action Program, the Department of Alcohol and Other Drug Abuse Services shall notify the Department of Motor Vehicles, the provisional driver's license issued by the department must be revoked, and the suspension imposed for the full period specified in Section 56-5-2990, which shall begin on date of notification to the individual.
HISTORY: 1975 (59) 66; 1976 Act No. 637; 1981 Act No. 178 Part II Section 7; 1982 Act No. 355, Section 2; 1985 Act No. 201, Part II, Section 39A; 1988 Act No. 658, Part II, Section 38A; 1993 Act No. 181, Section 1348; 1996 Act No. 459, Section 119; 1999 Act No. 100, Part II, Section 11.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-1340. License must be kept in possession; issuance of license and convictions to be recorded.

Section effective until May 19, 2024. See, also, Section 56-1-1340 effective May 19, 2024.
The applicant shall have a provisional driver's license in his possession at all times while driving a motor vehicle, and the issuance of such license and the violation convictions shall be entered in the records of the Department of Motor Vehicles for a period of ten years as required by Sections 56-5-2940 and 56-5-2990 of the 1976 Code.
HISTORY: 1975 (59) 66; 1993 Act No. 181, Section 1349; 1996 Act No. 459, Section 120.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-1340. License must be kept in possession; issuance of license and convictions to be recorded.

Section effective May 19, 2024. See, also, Section 56-1-1340 effective until May 19, 2024.
The applicant shall have a provisional driver's license in his possession at all times while driving a motor vehicle, and the issuance of such license and the violation convictions shall be entered in the records of the Department of Motor Vehicles for a period of ten years as required by Sections 56-5-2930, 56-5-2933, and 56-5-2990.
HISTORY: 1975 (59) 66; 1993 Act No. 181, Section 1349; 1996 Act No. 459, Section 120; 2023 Act No. 55 (S.36), Section 6, eff May 19, 2024.
Effect of Amendment
2023 Act No. 55, Section 6, substituted "Sections 56-5-2930, 56-5-2933, and 56-5-2990" for "Sections 56-5-2940 and 56-5-2990 of the 1976 Code".
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-1360. Revocation of license for additional violations.

In the event the holder of a provisional driver's license issued pursuant to this article is convicted of violations under Section 56-1-720 of the 1976 Code totaling four or more points or any other law relative to the operation of a motor vehicle for which suspension of a driver's license is made mandatory by law during specified suspension period, the provisional driver's license shall be revoked and the full suspension imposed.
HISTORY: 1975 (59) 66.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-1370. Second violations during specified suspended period.

In the event the holder of a provisional driver's license issued pursuant to this article is convicted of a second violation under Section 56-5-2930, during the specified suspended period, the provisional driver's license shall be revoked and the full suspension imposed.
HISTORY: 1975 (59) 66.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-1380. Effect of convictions outside of State.

Upon conviction of the offense stated in Section 56-1-1320, outside the jurisdiction of the State, the person convicted may apply for the provisional driver's license in the event his South Carolina driver's license is revoked as a result of such conviction.
HISTORY: 1975 (59) 66.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-1390. Appeals; notice of hearing.

Any person applying for the provisional driver's license provided for in this article whose application is denied by the Department of Motor Vehicles may appeal to the circuit court or county court of the county in which he resides. The department shall be given at least ten days' notice of the hearing of the appeal.
HISTORY: 1975 (59) 66.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-1710. Reserved.

HISTORY: Former Section, titled Definition of "moped", had the following history: 1986 Act No. 528, Section 1; 1991 Act No. 94, Section 1. Reserved by 2017 Act No. 89, Section 6, eff November 19, 2018.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-1720. Licensing requirement; minimum age; violations and penalties.

(A) To operate a moped on public highways, a person must possess a valid driver's license issued under Article 1 of this chapter or a valid moped operator's license issued under this article. The department may issue a moped operator's license to a person who is fifteen years of age or older.
(B) A person younger than sixteen years of age with a moped operator's license may operate a moped:
(1) alone during daylight hours only; and
(2) during nighttime hours when accompanied by a licensed driver twenty-one years of age or older who has had at least one year of driving experience. The accompanying driver must be a passenger or within a safe viewing distance of the operator when the operator is operating a moped.
(C) A person sixteen years of age or older with a moped license may drive a moped alone any time.
(D) A person who operates a moped in violation of the provisions of this section is guilty of a misdemeanor and, upon conviction of a first offense, must be fined not more than one hundred dollars and, upon conviction of a second or subsequent offense, must be fined not more than two hundred dollars.
HISTORY: 1986 Act No. 528, Section 1; 2017 Act No. 89 (H.3247), Section 7, eff November 19, 2018.
Effect of Amendment
2017 Act No. 89, Section 7, amended the section, revising the form of licensure a person must possess to operate a moped, and deleting the provision that prohibits the Department from issuing a beginner's permit or a special restricted license to certain persons convicted of a moped violation for a certain period of time.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-1730. Eligibility, suspension, revocation, or cancellation of moped operator's license.

(A) A person is eligible for a moped operator's license without regard to his eligibility for or the status of any other driver's license or permit.
(B) The Department of Motor Vehicles may suspend, revoke, or cancel a moped operator's license only for violations committed while operating a moped. A moped operator's license may be suspended, revoked, or canceled in the same manner and upon the same grounds for which any other motor vehicle operator's license or permit may be suspended, revoked, or canceled.
HISTORY: 1986 Act No. 528, Section 1; 1993 Act No. 181, Section 1350; 1996 Act No. 459, Section 121; 2017 Act No. 89 (H.3247), Section 8, eff November 19, 2018.
Effect of Amendment
2017 Act No. 89, Section 8, inserted the paragraph identifiers, and designated the first sentence as (A) and the remainder of the section as (B).
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-1740. Examination of applicants for moped operator's license; fees; expiration and renewal of license.

The Department of Motor Vehicles shall examine every applicant for a moped operator's license. The examination shall include a test of the applicant's eyesight and, as pertains to the operation of a moped, a test of his ability to read and understand highway signs regulating, warning, and directing traffic and his knowledge of the traffic laws of this State. The Department may require further physical and mental examination as it considers necessary to determine the applicant's fitness to operate a moped upon the highways, 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. The Department shall charge a fee of two dollars for each complete examination or reexamination required in this article.
The expiration and renewal of moped operator's licenses must be in accordance with Sections 56-1-210, 56-1-220, and 56-1-225.
HISTORY: 1986 Act No. 528, Section 1.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-1760. Requirement that license be in immediate possession of operator of moped and that it be displayed upon demand of certain state officers.

Every licensee shall have his license in his immediate possession at all times when operating a moped and shall display it upon demand of any officer or agent of the Department of Public Safety or any police officer of the State.
HISTORY: 1986 Act No. 528, Section 1; 1993 Act No. 181, Section 1351; 1996 Act No. 459, Section 122.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-1780. Applicability of Sections 56-1-100 and 56-1-230 to holders of moped operator's licenses.

The provisions of Sections 56-1-100 and 56-1-230 apply to persons with moped operator's licenses.
HISTORY: 1986 Act No. 528, Section 1.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-2005. Administration of South Carolina Commercial Driver's License program.

The South Carolina Department of Motor Vehicles shall administer the South Carolina Commercial Driver's License Program in accordance with the Federal Motor Carrier Safety Regulations. The rules adopted by and regulations promulgated by the United States Department of Transportation (USDOT) relating to safety of operation and to equipment (49 CFR Parts 380, 382-385, and 390-399 and amendments thereto) and the rules adopted by and regulations promulgated by the USDOT relating to hazardous material (49 CFR Parts 171-180 and amendments thereto) must be adopted and enforced in South Carolina.
HISTORY: 2005 Act No. 42, Section 1, eff May 3, 2005.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-2020. Construction.

This article is a remedial law and must be construed liberally to promote the public health, safety, and welfare. To the extent that this article conflicts with general driver licensing provisions, this article prevails. Where this article is silent, the general driver licensing provisions apply.
HISTORY: 1989 Act No. 151, Section 2.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-2025. Waiver of licensing and registration requirements of motor carriers providing humanitarian relief during time of emergency.

(A) The Governor may authorize the Department of Motor Vehicles to waive temporarily any requirements under the provisions of this title relating to any permits, authorizations, or licenses required to operate a motor vehicle in this State. However, a temporary waiver must be for the sole purpose of facilitating the response of motor carriers providing humanitarian relief during a time of emergency officially declared by the President of the United States, the Governor of this State, or the chief executive of another state or jurisdiction, and must satisfy the following conditions:
(1) the driver of the vehicle must be properly licensed in his jurisdiction of residency;
(2) the motor vehicle must be properly licensed and registered in this or another jurisdiction; and
(3) the motor vehicle satisfies all motor vehicle insurance requirements or provisions of its jurisdiction of registration. Proof of the insurance must be carried in the cab of the motor vehicle.
(B) A motor vehicle operating pursuant to this section must be issued a statement from the person or entity authorizing the transport of goods or materials which certifies that the motor carrier is providing humanitarian relief without compensation on a volunteer basis and include a description of the materials or goods being transported during the time of declared emergency while it is in this State. The statement must be carried in the cab of the motor vehicle and be made available for inspection upon request of an employee of the Department of Motor Vehicles, or any law enforcement officer.
(C) The Department of Motor Vehicles shall determine, at the time the temporary waiver is issued, the length of time the waiver shall be in effect. However, all temporary waivers issued pursuant to this section become void upon the termination of the time of the emergency as determined by the President of the United States, the Governor of this State, or the chief executive of another state or jurisdiction.
HISTORY: 2008 Act No. 189, Section 1, eff March 31, 2008.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-2040. Commercial drivers to have one driver's license only; exception.

No person who drives a commercial motor vehicle may have more than one driver's license except during the ten-day period beginning on the date the person is issued a driver's license.
HISTORY: 1989 Act No. 151, Section 2.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-2045. Qualifications to be student at truck driver training school.

A person qualifies to be a student at a South Carolina truck driver training school, which offers instruction toward a South Carolina Class Three truck driver's license, if he has a Class Three learner's permit or an equivalent permit issued by his state of residence.
HISTORY: 1990 Act No. 391, Section 1.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-2050. Notification of convictions; notification of suspension, revocation, or cancellation of license; information to be supplied to employer.

(A) Notification of Convictions.
(1) A driver holding a commercial driver license issued by this State, who is convicted of violating a state law or local ordinance relating to motor vehicle traffic control in any other state, other than a parking violation, shall notify the Department of Motor Vehicles in the manner specified by the department within thirty days of conviction.
(2) A driver holding a commercial driver license issued by this State, who is convicted of violating a state law or local ordinance relating to motor vehicle traffic control in this or any other state, other than a parking violation, shall notify his employer in writing of the conviction within thirty days of the conviction.
(B) A driver whose commercial driver license is suspended, revoked, or canceled by a state, or who loses the privilege to drive a commercial motor vehicle in any state for any period, including being disqualified from driving a commercial motor vehicle, or who is subject to an out of service order, shall notify his employer of that fact before the end of the business day following the day the driver received notice of that fact.
(C) A person who applies to be a commercial motor vehicle driver shall provide the employer, at the time of the application, with the following information for the ten years preceding the date of application:
(1) a list of the names and addresses of the applicant's previous employers for which the applicant was a driver of a commercial motor vehicle;
(2) the dates between which the applicant drove for each employer;
(3) the reason for leaving that employer;
(4) any additional information required by the employer;
(5) certification that all information furnished is true and complete.
HISTORY: 1989 Act No. 151, Section 2; 1993 Act No. 181, Section 1352; 1996 Act No. 459, Section 123.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-2060. Employer's responsibilities.

(A) Each employer shall require the information specified in Section 56-1-2050(C).
(B) An employer knowingly may not allow, permit, or authorize a person to drive a commercial motor vehicle during a period in which:
(1) the person's commercial driver's license is suspended, revoked, or canceled by a state, has lost the privilege to drive a commercial motor vehicle in a state, is disqualified from driving a commercial motor vehicle, or is subject to an out-of-service order in a state;
(2) the person has more than one driver's license, except during the ten- day period beginning on the date the employee is issued a driver's license;
(3) an employer who knowingly allows, permits, or authorizes a person to drive a commercial motor vehicle during a period in which either the vehicle or the person is subject to an out-of-service order is subject to a civil penalty of not less than two thousand seven hundred fifty dollars nor more than eleven thousand dollars; or
(4) the employer is in violation of a federal, state, or local law or regulation pertaining to railroad-highway grade crossings.
(C) An employer who is convicted of a violation of 49 CFR 383.37(d) is subject to a civil penalty of not more than ten thousand dollars.
HISTORY: 1989 Act No. 151, Section 2; 1998 Act No. 258, Section 19; 2005 Act No. 42, Section 5, eff May 3, 2005.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-2085. Seasonal restricted commercial driver's license; proof of seasonal employment and other requirements; privileges granted; duration.

(A) No person may drive a commercial vehicle in this State in violation of any of the restrictions or limitations stated on the person's commercial license or restricted commercial license.
(B) The Department of Motor Vehicles may issue a seasonal restricted commercial driver's license in accordance with this section.
(C) A South Carolina seasonal restricted commercial driver's license may be issued only to a person who:
(1) is a seasonal employee of a custom harvester, livestock feeder, or an agri-chemical business;
(2) holds a valid South Carolina Class E (2) or F (3) driver's license or takes and successfully completes the required written and skill test for a class E (2) license;
(3) has at least one year driving experience as a licensed driver; and
(4) has satisfied every requirement for issuance of a commercial driver's license, except successful completion of the knowledge and skill test.
(D) The department may not issue or renew a seasonal restricted commercial driver's license for the operation of a commercial vehicle unless the applicant has not and certifies that he has not at any time during the two years immediately preceding the date of application:
(1) had more than one driver's license;
(2) had any driver's license or driving privileges suspended, revoked, or canceled;
(3) been subject to disqualification listed in 383.51 of the Federal Motor Carrier Regulations;
(4) contributed to an accident;
(5) received more than four points against his license.
(E) The applicant shall certify and provide evidence satisfactory to the department that he is employed on a seasonal basis by a custom harvester, livestock feeder, agri-chemical business, or a company hauling agri-chemical products to a farm in a job requiring the operation of a commercial vehicle.
(F) A seasonal restricted commercial driver's license entitles the licensee to operate type B and C commercial vehicles only, with the proper restriction or endorsement, or both.
(G) A seasonal restricted commercial driver's license does not entitle the licensee to operate a Class A type commercial vehicle or a vehicle placarded for hazardous materials.
(H) A seasonal restricted commercial driver's license is valid for one hundred eighty days from the date of issue in one calendar year.
(I) A seasonal restricted commercial driver's license allows the driver to operate within one hundred fifty miles of the place of business as shown on the vehicle registration.
HISTORY: 1993 Act No. 149, Section 2.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-2090. Application; change of licensee's name or address; penalties for falsifying information.

(A) The application for a commercial driver license or commercial driver instruction permit must include:
(1) the full name and both the current mailing and residential address of the person;
(2) a physical description of the person including sex, height, and weight;
(3) date of birth;
(4) the applicant's Social Security number;
(5) the person's signature;
(6) the person's consent to be photographed;
(7) certifications including those required by 49 C.F.R. part 383.71(a);
(8) any other information required by the Department of Motor Vehicles;
(9) a consent to release driving record information; and
(10) a nonrefundable application fee of fifteen dollars, except for public school bus drivers.
(B) When the holder of a commercial driver license changes his name, mailing address, or residence, an application for a renewal license must be made as provided in Section 56-1-230.
(C) No person who has been a resident of this State for thirty days or longer may drive a commercial motor vehicle under the authority of a commercial driver license or commercial driver instruction permit issued by another state.
(D) A person who knowingly falsifies information or certifications required under subsection (A) of this section is subject to cancellation of his commercial driver license and may not obtain a commercial driver license or commercial driver instruction permit for at least sixty consecutive days after the time he otherwise would be eligible for a commercial driver license or commercial driver instruction permit.
(E) The fees collected pursuant to this section must be credited to the Department of Transportation State Non-Federal Aid Highway Fund as provided in the following schedule based on the actual date of receipt by the Department of Motor Vehicles:
Fees and Penalties General Fund Department of Collected After of the State Transportation State Non-Federal Aid Highway Fund June 30, 2005 60 percent 40 percent June 30, 2006 20 percent 80 percent June 30, 2007 0 percent 100 percent.
HISTORY: 1989 Act No. 151, Section 2; 2005 Act No. 176, Section 10, eff June 14, 2005.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-2111. Circumstances barring issuance of license.

The department shall not issue a commercial driver's license or a commercial special license or permit which includes a provisional, route restricted hardship, or temporary license that permits a person to drive a commercial motor vehicle during a period in which:
(1) the person is disqualified from operating a commercial motor vehicle as defined by Section 383.5, or under the provisions of Sections 383.73(g) or 384.231(b)(2) of the FMCSR;
(2) the commercial driver's license holder's noncommercial driving privilege has been revoked, suspended, or cancelled; or
(3) any driver's license held by the person is suspended, revoked, or cancelled by the State where the driver is licensed for any state or local law related to motor vehicle traffic control other than a parking violation.
HISTORY: 2005 Act No. 42, Section 2, eff May 3, 2005.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-2112. Offenses resulting in disqualification from operating commercial motor vehicle; time periods.

(A) A driver who is convicted of operating a commercial motor vehicle in violation of a federal, state, or local law or regulation pertaining to one of the following six offenses at a railroad-highway grade crossing is disqualified from operating a commercial motor vehicle for the period of time specified in subsection (B):
(1) for drivers who are not required to always stop, failing to slow down and check that the tracks are clear of an approaching train;
(2) for drivers who are not required to always stop, failing to stop before reaching the crossing, if the tracks are not clear;
(3) for drivers who are always required to stop, failing to stop before driving onto the crossing;
(4) for all drivers, failing to have sufficient space to drive completely through the crossing without stopping;
(5) for all drivers, failing to obey a traffic control device or the directions of an enforcement official at the crossing;
(6) for all drivers, failing to negotiate a crossing because of insufficient undercarriage clearance.
(B) A person is disqualified from driving a commercial motor vehicle for committing an offense contained in subsection (A) for not less than:
(1) sixty days for the first conviction committed in a commercial motor vehicle;
(2) one hundred twenty days for the second conviction committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period; and
(3) one year for the third or subsequent conviction committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period.
HISTORY: 2005 Act No. 42, Section 3, eff May 3, 2005.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-2115. Commercial driver's license re-examination.

(A) A person who has been disqualified from driving a commercial vehicle pursuant to the provisions contained in Section 56-1-2110 for one year or more, must complete successfully the requirements contained in Section 56-1-2080 and satisfy all other requirements imposed by state or federal law before the person is eligible to be re-examined pursuant to the provisions contained in subsection (B).
(B) The re-examination consists of the commercial driver license standards contained in 49 CFR of the Federal Motor Carrier Regulations which includes successful completion of the applicable knowledge tests and the complete road test which includes pre-trip inspection, basic control skills, and the on-road test.
HISTORY: 1998 Act No. 258, Section 17.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-2120. Driving with measurable amount of alcohol prohibited; possession of alcoholic beverage.

(A) A person may not drive a commercial motor vehicle within this State while having a measurable amount of alcohol in his body.
(B) A person who drives a commercial motor vehicle within this State while having a measurable amount of alcohol in his system or who refuses to submit to an alcohol test under Section 56-1-2130 must be placed out-of-service for twenty-four hours.
(C) A person who drives a commercial motor vehicle in this State with an alcohol concentration of four one-hundredths of one percent or more must be disqualified from driving a commercial motor vehicle under Section 56-1-2110.
(D) A person must not be on duty or operate a commercial motor vehicle while he possesses an alcoholic beverage that is not part of the manifest and transported as part of the shipment.
HISTORY: 1989 Act No. 151, Section 2; 1998 Act No. 258, Section 23.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-2130. Tests for alcohol or drugs; presumption of consent; administration of tests; warnings; refusal to take test; reports required.

(A) A person who drives a commercial motor vehicle within this State is considered to have given consent, subject to provisions of Section 56-5-2950, to take a test of that person's blood, breath, or urine for the purpose of determining that person's alcohol concentration or the presence of other drugs.
(B) Tests may be administered at the direction of a law enforcement officer, who after stopping or detaining the driver of a commercial motor vehicle, has probable cause to believe that the driver was driving a commercial motor vehicle while having a measurable amount of alcohol in his system.
(C) A person requested to submit to a test as provided in subsection (A) must be warned by the law enforcement officer requesting the test, that a refusal to submit to the test must result in that person being placed out of service immediately for twenty-four hours and being disqualified from operating a commercial motor vehicle for not less than one year under Section 56-1-2110.
(D) If the person refuses testing, or submits to a test which discloses an alcohol concentration of four one-hundredths of one percent or more, the law enforcement officer shall submit a report to the Department of Motor Vehicles certifying that the test was requested pursuant to subsection (A) and that the person refused to submit to testing, or submitted to a test which disclosed an alcohol concentration of four one-hundredths of one percent or more.
(E) Upon receipt of the report of a law enforcement officer submitted under subsection (D), the department shall disqualify the driver from driving a commercial motor vehicle under Section 56-1-2110.
HISTORY: 1989 Act No. 151, Section 2; 1993 Act No. 181, Section 1355; 1996 Act No. 459, Section 126.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-2140. Report of conviction of nonresident licensee; required action.

Within ten days after receiving a report of the conviction of a nonresident holder of a commercial driver license for a violation of state law or local ordinance relating to motor vehicle traffic control, other than a parking violation, committed in a commercial motor vehicle, the Department of Motor Vehicles shall notify the driver licensing authority in the licensing state of the conviction.
HISTORY: 1989 Act No. 151, Section 2; 1993 Act No. 181, Section 1356; 1996 Act No. 459, Section 127.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-2150. Authorized drivers of commercial motor vehicles.

A person may drive a commercial motor vehicle if the person has a commercial driver license issued by a state in accordance with the minimum federal standards for the issuance of commercial motor vehicle driver licenses, if the person's license is not suspended, revoked, or cancelled and if the person is not disqualified from driving a commercial motor vehicle.
HISTORY: 1989 Act No. 151, Section 2.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 1 - Driver's License › Section 56-1-2156. Failure of commercial motor vehicle drivers to comply with lane restrictions.

Notwithstanding any other provision of law, a commercial motor vehicle driver may not be assessed points against his driving record for failing to comply with lane restrictions posted on the interstate highway system by the Department of Transportation. For purposes of this section, a driver record means a commercial driver's license issued pursuant to Article 13, Chapter 1 of Title 56 and a driver's license issued pursuant to Section 56-1-130 for which points are assessed in Section 56-1-720.
HISTORY: 1999 Act No. 17, Section 6.