reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 27 - Professional Housemoving › Section 56-27-50. Violations; penalties.

Any person violating the provisions of this chapter is deemed guilty of a misdemeanor and upon conviction must be fined:
(a) Not less than one hundred dollars for a first offense;
(b) Not less than five hundred dollars for a second offense;
(c) Not less than one thousand dollars for a third or subsequent offense.
HISTORY: 1984 Act No. 420.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 28 - Enforcement Of Motor Vehicle Express Warranties › Section 56-28-10. Definitions.

As used in this chapter:
(1) "Consumer" means the purchaser or lessor, other than for purposes of resale, of a motor vehicle normally used for personal, family, or household purposes and subject to the manufacturer's express warranty, and any other person entitled by the warranty to enforce the obligations of the warranty.
(2) "Manufacturer" means any person, resident, or nonresident, who manufactures or assembles or imports or distributes new motor vehicles which are to be sold in the State.
(3) "Manufacturer's express warranty" or "warranty" means the written warranty, so labeled, of the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under that warranty.
(4) "Motor vehicle" means:
(a) a private passenger motor vehicle, as classified by Section 56-3-630, but excluding the living portion of recreational vehicles and off-road vehicles, which is sold and registered in this State; and
(b) a motorcycle as defined in Section 56-1-10(8), including a motorcycle three-wheel vehicle as defined in Section 56-1-10(18), which is sold and registered in this State.
(5) A "new motor vehicle" means a motor vehicle which has been sold to a new motor vehicle dealer by a manufacturer and which has not been used for other than demonstration purposes and on which the original title has not been issued from the new motor vehicle dealer.
(6) "Nonconformity" means a defect or condition that substantially impairs the use, value, or safety of a motor vehicle, but does not include a defect or condition that results from an accident, modification, or alteration of the motor vehicle by persons other than the manufacturer or its authorized service agent.
HISTORY: 1989 Act No. 142, Section 1; 1996 Act No. 459, Section 242; 2016 Act No. 157 (H.3788), Section 1, eff April 21, 2016.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 28 - Enforcement Of Motor Vehicle Express Warranties › Section 56-28-20. Manufacturers to provide annual written summaries of certain motor vehicles; forms; records to be made available; penalties.

Every manufacturer, in a format and a form that must be mailed annually to each manufacturer approved by the Administrator of the Department of Consumer Affairs, shall provide a written summary of all motor vehicles repurchased or replaced under this chapter no less than once each calendar year. In addition, every manufacturer shall make available any paperwork, reports, or other information regarding vehicles subject to this chapter upon request by the administrator. Failure to supply either the written summaries of repurchased vehicles or respond to reasonable requests for information by the administrator subjects the manufacturer to an administrative penalty not to exceed one thousand dollars for each violation which the administrator in his discretion may impose.
HISTORY: 1989 Act No. 142, Section 1.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 28 - Enforcement Of Motor Vehicle Express Warranties › Section 56-28-30. Nonconformity with express warranties; notice required; repairs required.

If a new motor vehicle does not conform to all applicable express warranties within the first twelve months of purchase or the first twelve thousand miles of operation, whichever occurs first, and the consumer reports the nonconformity to the manufacturer or its agent during the term of the express warranties, the manufacturer, or its agent, shall make those repairs as are necessary to conform the vehicle to the express warranties at no cost to the consumer, notwithstanding the fact that the repairs are made after the expiration of the term.
HISTORY: 1989 Act No. 142, Section 1.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 28 - Enforcement Of Motor Vehicle Express Warranties › Section 56-28-40. Replacement of motor vehicle; refund of purchase price.

If, within the term specified in Section 56-28-30, the manufacturer, through its agents or authorized dealer, is unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any defect or condition which substantially impairs the use, market value, or safety of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer shall replace the motor vehicle with a comparable motor vehicle, or at its option, accept return of the vehicle from the consumer and refund to the consumer the full purchase price as delivered including applicable finance charges, sales taxes, license fees, registration fees, and any other similar governmental charges, less a reasonable allowance for the consumer's use of the vehicle. Refunds must be made to the consumer and lienholder, if any, as their interest may appear on the record of ownership kept by the Department of Motor Vehicles. A reasonable allowance for use must be that amount directly attributable to use by the consumer before his first report of the nonconformity to the manufacturer, agent, or dealer, and must be calculated by multiplying the full purchase price of the vehicle by a fraction having as its denominator one hundred twenty thousand and having as its numerator the number of miles that the vehicle traveled before the first report of nonconformity. The consumer is not entitled to a refund or replacement if:
(1) the nonconformity does not substantially impair the motor vehicle's use, market value, or safety;
(2) the nonconformity is the result of abuse, neglect, or modification or alteration of the motor vehicle by the consumer.
HISTORY: 1989 Act No. 142, Section 1.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 28 - Enforcement Of Motor Vehicle Express Warranties › Section 56-28-60. Informal dispute settlement procedures.

If a manufacturer has established an informal dispute settlement procedure which substantially complies with Title 16 of the Code of Federal Regulations, Part 703, or if the manufacturer participates in a consumer-industry appeals, arbitration, or mediation panel or board, whose decisions are binding on the manufacturer, the provisions of Section 56-28-40 concerning refunds or replacement do not apply to any consumer who has not first resorted to those procedures or to the alternate procedure provided in Section 56-28-90.
HISTORY: 1989 Act No. 142, Section 1.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 28 - Enforcement Of Motor Vehicle Express Warranties › Section 56-28-80. Construction of chapter; reimbursement from dealer prohibited; exception.

Nothing in this chapter may be construed as imposing any liability on a motor vehicle dealer or creating a cause of action by a consumer against a motor vehicle dealer under Section 56-28-40. The manufacturer shall not charge back or require reimbursement by the dealer for any costs, including, but not limited to, any refunds or vehicle replacements incurred by the manufacturer arising out of this chapter in the absence of evidence that the related repairs had been carried out by the dealer in a manner substantially inconsistent with the manufacturer's published instructions.
HISTORY: 1989 Act No. 142, Section 1.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 28 - Enforcement Of Motor Vehicle Express Warranties › Section 56-28-90. State arbitration board may be established.

The Administrator of the Department of Consumer Affairs may establish by regulation a state arbitration board consisting of five members appointed by him to serve at his pleasure. The board shall review matters involving manufacturers that have not created an informal dispute settlement procedure that substantially complies with Title 16 of the Code of Federal Regulations, Part 703. The cost of the arbitration board must be borne by the manufacturer of the vehicle purchased or leased by the consumer.
HISTORY: 1989 Act No. 142, Section 1.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 28 - Enforcement Of Motor Vehicle Express Warranties › Section 56-28-100. Repurchased vehicles not to be resold; exceptions.

Any vehicle required to be repurchased by a manufacturer under this chapter or any other provision of law relating to motor vehicle warranties may not be resold, reassigned, or retransferred, either at wholesale or retail in this State, unless:
(1) The manufacturer notifies the Administrator of the Department of Consumer Affairs within thirty calendar days, in writing, of the vehicle identification number of that motor vehicle, the reason that the vehicle was repurchased, and provides a statement that all necessary repairs and adjustments have been made and that the vehicle meets acceptable operating standards.
(2) The manufacturer provides a written warranty to the subsequent retail purchaser of the vehicle covering the vehicle for twelve months or twelve thousand miles. The warranty must expressly include any component related to the manufacturer's decision to repurchase the vehicle.
(3) The manufacturer shall disclose to any dealer or other wholesale purchaser of the fact that the vehicle was required to be repurchased under this chapter or another provision of law relating to motor vehicle warranties.
HISTORY: 1989 Act No. 142, Section 1.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 28 - Enforcement Of Motor Vehicle Express Warranties › Section 56-28-110. Notification to subsequent purchasers; penalties for failure to notify.

Each subsequent purchaser must be notified by the seller of the fact that the vehicle was required to be repurchased pursuant to the terms of this chapter or another provision of law relating to motor vehicle warranties. If a seller fails properly to notify a purchaser of the requirements of this section, the department may impose an administrative penalty up to a maximum of five hundred dollars for each vehicle. A seller aggrieved by the action of the department may seek review by filing a request for a contested case hearing with the Administrative Law Court.
HISTORY: 1989 Act No. 142, Section 1; 2005 Act No. 128, Section 17, eff July 1, 2005.
Editor's Note
2005 Act No. 128, Section 27, provides as follows:
"This act takes effect on July 1, 2005, and applies to all licensing and administrative hearings involving the South Carolina Department of Consumer Affairs."
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 29 - Motor Vehicle Chop Shop, Stolen, And Altered Property Act › Section 56-29-20. Definitions.

As used in this chapter:
(1) "Chop shop" means any building, lot, or other premises where one or more persons are or have been knowingly engaged in altering, destroying, disassembling, dismantling, reassembling, or knowingly storing any motor vehicle, or motor vehicle part known to be illegally obtained by theft, fraud, or conspiracy to defraud, in order either to:
(a) alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate, or remove the identity, including the vehicle identification number of the motor vehicle or motor vehicle part, in order to misrepresent the identity of the motor vehicle or motor vehicle part, or to prevent the identification of the motor vehicle or motor vehicle part, or
(b) sell or dispose of the motor vehicle or motor vehicle part.
(2) "Vehicle" includes every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, which is self-propelled or which may be connected to and towed by a self-propelled device, and also includes any and all other land-based devices which are self-propelled but which are not designed for use upon a highway including, but not limited to, farm machinery and construction equipment.
(3) "Person" includes a natural person, company, corporation, unincorporated association, partnership, professional corporation, and any other legal entity.
(4) "Unidentifiable" means that the uniqueness of a motor vehicle or motor vehicle part cannot be established by either expert law enforcement investigative personnel specially trained and experienced in motor vehicle theft investigative procedures and motor vehicle identification examination techniques, or by expert employees of not-for-profit motor vehicle theft prevention agencies specially trained and experienced in motor vehicle theft investigation procedures and motor vehicle identification examination techniques.
(5) "Vehicle identification number" means a number, a letter, a character, a datum, a derivative, or a combination thereof, used by the manufacturer or the Department of Motor Vehicles for the purpose of uniquely identifying a motor vehicle or motor vehicle part.
HISTORY: 1987 Act No. 16, Section 3; 1993 Act No. 181, Section 1500; 1996 Act No. 459, Section 243.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 29 - Motor Vehicle Chop Shop, Stolen, And Altered Property Act › Section 56-29-40. Seizure of motor vehicle, tools, implements, or other instrumentality.

(A) Any tool, implement, or instrumentality, including but not limited to a motor vehicle or motor vehicle part, used or possessed in connection with any violation of Section 56-29-30 may be seized by a member of a state or local law enforcement agency upon process issued by any court of competent jurisdiction.
(B) Seizure of property described in subsection (A) of this section may be made by a member of a state or local law enforcement agency without process if:
(1) it is in accordance with any applicable law or regulation;
(2) the seizure is incident to inspection under an administrative inspection warrant;
(3) the seizure is incident to search made under a search warrant;
(4) the seizure is incident to a lawful arrest;
(5) the seizure is made pursuant to a valid consent to search;
(6) the property seized has been the subject of a prior judgment in favor of the State in a criminal proceeding, or in an injunction or forfeiture proceeding under Section 56-29-60; or
(7) there are reasonable grounds to believe that the property is directly or indirectly dangerous to health or safety.
(C) When property is seized under this section, the seizing agency may:
(1) place the property under seal; or
(2) remove the property to a place selected and designated by the seizing agency.
HISTORY: 1987 Act No. 16, Section 5.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 31 - Rental Of Private Passenger Automobiles › Section 56-31-20. Definitions.

As used in this chapter:
(1) "Rental company" means a person in the business of providing private passenger automobiles or rental vehicles to the public under the terms of a rental agreement.
(2) "Renter" means a person obtaining the use of a private passenger automobile or rental vehicle from a rental company under the terms of a rental agreement.
(3) "Rental agreement" means a written agreement setting forth the terms and conditions governing the use of a private passenger automobile or rental vehicle provided by a rental company.
(4) "Damage" means a loss or damage to a rented vehicle or rental vehicle including the loss of use and costs and expenses incident to the damage, loss, and loss of use.
(5) "Private passenger automobile" or "vehicle" means a private passenger motor vehicle including passenger vans and minivans that are intended primarily for the transport of persons.
(6) "Rental vehicle" means a truck under 26,001 pounds gross vehicle weight and used in the transportation of personal property that is rented without a driver, and is not used by the customer for business purposes, or a trailer with a gross weight of not more than 6,000 pounds.
HISTORY: 1989 Act No. 177, Section 2; 2001 Act No. 37, Section 1.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 31 - Rental Of Private Passenger Automobiles › Section 56-31-30. Rental rates; permitted and prohibited charges; waiver prohibited.

(A) A rental company may advertise, quote, or charge only a rental rate that includes the entire amount, except taxes, airport fees, and a mileage charge, if any, that a renter pays to rent the vehicle or rental vehicle for the period of time to which the rate applies. Airport fees must be disclosed clearly and conspicuously in all advertisements of a rental rate for an applicable location either as a specific fee or as a range of fees. Only airport fees that are remitted to the airport management entity are permitted to be separately stated and collected. The company may charge an additional fee for an item or service provided for in the rental agreement if the charge is optional for the renter. The items and services include, but are not limited to, insurance and accessories requested by the renter unless otherwise prohibited as provided in this chapter, charges incident to the renter's optional return of the vehicle or rental vehicle to a location other than to where it was rented, and charges for refueling the vehicle or rental vehicle at the conclusion of the rental period if the renter did not return the vehicle or rental vehicle with the same amount of fuel that was in the vehicle at the beginning of the rental period. A company also may impose an additional charge based on reasonable age criteria it establishes.
(B) If a rental company delivers a vehicle or rental vehicle to a renter at a location other than where the company normally conducts its business, the company may not charge for the rental for the time before the vehicle or rental vehicle is delivered. If the company picks up a rented vehicle or rental vehicle from a renter at a location other than the location where the company normally conducts its business, the company may not charge for the rental for the time after the rental company has been notified that the vehicle or rental vehicle is available.
(C) If a rental company quotes a rental rate in a personal or computer communication or a print advertisement, it shall disclose the terms of mileage conditions relating to the rate including, but not limited to, the amount of mileage and fuel charges, the number of miles for which no charge is imposed, and a description of geographic driving limitations, if any.
(D) A waiver of the requirements of the provisions of this section is unenforceable as contrary to public policy.
HISTORY: 1989 Act No. 177, Section 2; 2000 Act No. 284, Section 1; 2001 Act No. 37, Section 1.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 31 - Rental Of Private Passenger Automobiles › Section 56-31-40. Violations; application for restraining order; penalties.

If the Attorney General has reasonable cause to believe that a rental company has violated a provision of this chapter and that action is needed to serve the public interest, he may apply for a restraining order in the court of common pleas of Richland County. The court may grant appropriate final injunctive relief and impose a civil penalty of not more than one thousand dollars for each violation.
HISTORY: 1989 Act No. 177, Section 2; 2001 Act No. 37, Section 1.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 32 - Motor Vehicle Damage Disclosure Act › Section 56-32-20. Motor vehicle damage disclosure.

(A) A motor vehicle manufacturer shall disclose, in writing to a motor vehicle dealer at the time of delivery of a new motor vehicle, damage and repair to the new motor vehicle that occurred while the vehicle was in the possession or under the control of the manufacturer if the damage exceeds three percent of the manufacturer's suggested retail price as calculated at the rate of the dealer's authorized warranty rate for labor and parts. A manufacturer is not required to disclose to a dealer that the glass, tires, bumper, or in-dash equipment of or in a motor vehicle was damaged if the damaged item has been replaced with original or comparable new equipment.
(B) A motor vehicle dealer shall disclose, in writing to a purchaser of a new motor vehicle before entering into a sales contract, any damage and repair to the new motor vehicle if the cost of the damage exceeds three percent of the manufacturer's suggested retail price calculated at the rate of the dealer's authorized warranty rate for labor and parts. A dealer is not required to disclose to a purchaser that the glass, tires, bumper, or in-dash equipment of or in a new motor vehicle was damaged if the equipment or item has been replaced with original or comparable new equipment.
(C) If disclosure is not required under this section, a purchaser may not revoke or rescind a sales contract nor bring a civil action based solely upon the fact that the new motor vehicle was damaged and repaired before completion of the sale.
(D) For purposes of this section, "manufacturer's suggested retail price" means the retail price of the new motor vehicle suggested by the manufacturer including the retail delivered price suggested by the manufacturer for each accessory or item of optional equipment physically attached to the new motor vehicle at the time of delivery to the motor vehicle dealer.
HISTORY: 1995 Act No. 51, Section 1, eff May 17, 1995.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 35 - Idling Restrictions For Commercial Diesel Vehicles › Section 56-35-10. Definitions.

As used in this chapter:
(1) "Auxiliary power unit" means a mechanical or electrical device affixed to a vehicle that is designed to be used to generate an alternative source of power for any of the vehicle's systems other than the primary propulsion engine.
(2) "Commercial diesel vehicle" means a self-propelled diesel motor vehicle licensed for use on a public roadway to transport passengers or property when the vehicle has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight of ten thousand and one pounds or more, whichever is greater.
(3) "Passenger bus" means a vehicle designed to carry sixteen or more passengers.
(4) "Vehicle" means a commercial diesel vehicle.
HISTORY: 2008 Act No. 234, Section 6, eff upon approval (became law without the Governor's signature on May 22, 2008).
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 35 - Idling Restrictions For Commercial Diesel Vehicles › Section 56-35-20. Idling restrictions; exceptions.

(A)(1) An operator of a commercial diesel vehicle may not allow the vehicle to idle for more than ten minutes in any sixty-minute period.
(2) A passenger bus may idle up to fifteen minutes in a sixty-minute period to provide heating or air conditioning when nondriver passengers are on board the vehicle.
(B) A vehicle operator does not violate the idling restrictions contained in subsection (A) if he is idling:
(1) a vehicle while forced to remain motionless because of traffic conditions beyond his control, an official traffic-control device or signal, or at the direction of a law enforcement official;
(2) a vehicle while operating defrosters, heaters, air conditioners, cargo refrigeration equipment, or to install equipment to prevent a safety or health emergency, or as otherwise required by federal or state motor carrier safety regulations or local requirements. This exception does not apply when idling during a rest period;
(3) a police, fire, ambulance, public safety, military, or other emergency or law enforcement vehicle, or any vehicle being used in an emergency capacity while in an emergency or training mode. This exception does not apply when idling for the convenience of the vehicle operator;
(4) the primary propulsion engine of a vehicle for maintenance, servicing, repairing, or diagnostic purposes if idling is required;
(5) a vehicle as part of a federal or state inspection to verify that all equipment is in good working order, if idling is required as part of the inspection;
(6) a primary propulsion engine necessary to power work-related mechanical or electrical operations. This exception shall not apply when idling is done for cabin comfort or to operate nonessential onboard equipment;
(7) an armored vehicle when a person remains inside the vehicle to guard contents or while the vehicle is being loaded or unloaded;
(8) an occupied vehicle with a sleeper berth compartment for purpose of air conditioning or heating:
(a) during a rest or sleep period;
(b) when the outside temperature at the location of the vehicle is less than forty degrees Fahrenheit or greater than eighty degrees Fahrenheit; or
(c) while the vehicle is at a rest area, fleet trucking terminal, commercial truck stop, state designated location designed for the intended purpose of a driver's rest area, or any location that the vehicle is legally permitted to park that is at least five hundred feet from residential housing, schools, daycare facilities, hospitals, or other similar locations; or
(9) an occupied vehicle while waiting in line or queuing to load or unload.
HISTORY: 2008 Act No. 234, Section 6, eff upon approval (became law without the Governor's signature on May 22, 2008).
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 35 - Idling Restrictions For Commercial Diesel Vehicles › Section 56-35-30. Auxiliary power units.

(A) For the purposes of this chapter, operating an auxiliary power unit, generator set, or another mobile idling reduction technology as a means to heat, air condition, or provide electrical power, as an alternative to idling the main engine, does not constitute idling an engine.
(B) For a vehicle equipped with an auxiliary power unit designed for idling reduction, the gross vehicle weight or axle weight used to determine the fine for a violation of commercial vehicle weight restrictions is the actual gross vehicle weight or axle weight reduced by five hundred fifty pounds.
HISTORY: 2008 Act No. 234, Section 6, eff upon approval (became law without the Governor's signature on May 22, 2008); 2016 Act No. 188 (H.4932), Section 6, eff May 25, 2016.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 35 - Idling Restrictions For Commercial Diesel Vehicles › Section 56-35-40. Penalty.

A violation of the provisions contained in this chapter is a nonmoving traffic offense that is punishable by:
(1) a warning ticket for an offense that occurs between July 1, 2008, to July 1, 2009; or
(2) a fine of seventy-five dollars for each offense that occurs after July 1, 2009.
HISTORY: 2008 Act No. 234, Section 6, eff upon approval (became law without the Governor's signature on May 22, 2008).
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 35 - Idling Restrictions For Commercial Diesel Vehicles › Section 56-35-50. Enforcement.

(A) The State Transport Police Division of the Department of Public Safety is primarily responsible for enforcing the provisions of this chapter. An officer or agent of the State Transport Police that observes a vehicle operator violating the provisions of this chapter is authorized to issue a citation to the offender. The provisions of this chapter do not apply to a commercial diesel vehicle idling on the premises of a restricted access facility or in areas on the private property of a business that are generally designed and intended for commercial vehicle access, loading or unloading when the facility or business is located at least five hundred feet away from any church, school, playground, daycare facility, or hospital.
(B) The officer must inform the individual receiving the citation that he has the option, at that time, to elect to pay his fine directly to the Department of Public Safety or to receive a hearing in magistrates court. If the individual at the time the citation is issued elects to pay his fine directly to the Department of Public Safety within twenty-eight days, as specified on the citation, no assessments may be added to the original fine pursuant to this section. The fine may be deposited with the arresting officer or a person the Department of Public Safety may designate. Within forty-five days of collection, fifty dollars of the monies collected by the Department of Public Safety must be forwarded to the Department of Health and Environmental Control for deposit in the Diesel Idling Reduction Fund, twenty-five dollars of the monies collected must be deposited into an account to be used by the Department of Public Safety's State Transport Police Division in support of the Idling Restrictions for Commercial Diesel Vehicles program which at the end of a fiscal year does not lapse to the general fund, but is instead carried forward to the succeeding fiscal year.
(C)(1) Magistrates have jurisdiction of all contested violations of this chapter. Where a contested hearing is requested, any fine imposed is subject to all assessments and surcharges applicable by law. The fine, surcharges, and assessments shall be distributed as set forth in the applicable law.
(2) If the fine is not paid in full to the Department of Public Safety within forty-five days after conviction, the driver's license of the vehicle operator found in violation of this chapter must be suspended. The suspension continues until the fine is paid in full.
(D) The State Transport Police shall use the citation form referenced in Section 56-1-4160(G) for idling violations. The Department of Public Safety must electronically transmit to the Department of Motor Vehicles all tickets issued pursuant to this section. The Department of Public Safety and the Department of Motor Vehicles must work together to develop an electronic exchange of information over the next two years.
HISTORY: 2008 Act No. 234, Section 6, eff upon approval (became law without the Governor's signature on May 22, 2008).
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 35 - Idling Restrictions For Commercial Diesel Vehicles › Section 56-35-60. Diesel idling reduction fund; idling awareness program.

(A) There is established by the State Treasurer a fund separate and distinct from the general fund and all other funds entitled the Diesel Idling Reduction Fund. Fifty dollars of the fines pursuant to this section must be credited to it and a balance in the fund at the end of a fiscal year does not lapse to the general fund but is instead carried forward to the succeeding fiscal year. The monies in the fund must be used only to cover costs associated with the idling awareness program operated by the Department of Health and Environmental Control.
(B) The Department of Health and Environmental Control, as funds become available, may develop and operate an idling awareness program that promotes the benefits of idling reductions. The program must encourage businesses and vehicle operators to develop practices to reduce idling.
HISTORY: 2008 Act No. 234, Section 6, eff upon approval (became law without the Governor's signature on May 22, 2008).
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 35 - Idling Restrictions For Commercial Diesel Vehicles › Section 56-35-70. Preemption.

The provisions of this chapter are the sole source of idling restrictions on commercial diesel vehicles in this State and this chapter is the sole source of penalties for violations of the idling restrictions. The provisions in this chapter supercede and preempt any ordinance enacted by a local political subdivision purporting to regulate idling on commercial diesel vehicles.
HISTORY: 2008 Act No. 234, Section 6, eff upon approval (became law without the Governor's signature on May 22, 2008).
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 35 - Idling Restrictions For Commercial Diesel Vehicles › Section 56-35-80. Promulgation of regulations.

The Department of Health and Environmental Control may promulgate regulations to administer and enforce the provisions of this chapter.
HISTORY: 2008 Act No. 234, Section 6, eff upon approval (became law without the Governor's signature on May 22, 2008).
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 37 - Motor Vehicle Dealer Performance Evaluation System › Section 56-37-10. Application of chapter.

Section effective January 1, 2024.
This chapter applies to any dealer licensed under Title 56 regardless of the dealer license type.
HISTORY: 2023 Act No. 51 (S.549), Section 23, eff January 1, 2024.
Code Commissioner's Note
At the direction of the Code Commissioner, "chapter" was substituted for "article" to correct a scrivener's error.
Editor's Note
2023 Act No. 51, Section 40(D), provides as follows:
"[SECTION 40.](D) SECTIONS 15 through 28 take effect on January 1, 2024. Any dealership applying for or renewing licenses, or operating on a currently issued license on or after January 1, 2024, is subject to the provisions of SECTIONS 15 through 28."
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 37 - Motor Vehicle Dealer Performance Evaluation System › Section 56-37-20. Definitions.

Section effective January 1, 2024.
As used in this title:
(1) "Immediate family" means spouse, parent, stepparent, child, stepchild, sister, brother, grandparent, and grandchild.
(2) "Suspend" means temporarily prevent from continuing.
(3) "Revoke" means prevent from continuing for at least ten years.
(4) "Violation" means a single found incident leading to the issuance of points. For purposes of this chapter, a violation could be a single sale, a single vehicle, a single document, or other similar items.
(5) "Out-of-trust" means a dealer selling a vehicle without paying the complete financial obligation needed to obtain the title for the sold vehicle.
(6) "Open title" means, upon the purchase of a vehicle by a dealer and the seller has completed his portion of the certificate of title, the dealer or purchaser intentionally leaves the buyer or purchaser assignment blank on the title.
(7) "Dealer" means any entity licensed as a dealer under this title without regard to the type of dealer license issued by the department.
HISTORY: 2023 Act No. 51 (S.549), Section 23, eff January 1, 2024.
Code Commissioner's Note
At the direction of the Code Commissioner, "chapter" was substituted for "article" to correct a scrivener's error.
Editor's Note
2023 Act No. 51, Section 40(D), provides as follows:
"[SECTION 40.](D) SECTIONS 15 through 28 take effect on January 1, 2024. Any dealership applying for or renewing licenses, or operating on a currently issued license on or after January 1, 2024, is subject to the provisions of SECTIONS 15 through 28."
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 37 - Motor Vehicle Dealer Performance Evaluation System › Section 56-37-40. Dealer Sanction Review Board created; membership; contesting sanctions.

Section effective January 1, 2024.
(A) There is created a Dealer Sanction Review Board that consists of the executive director of the department or his designee, a department employee with expertise in dealer licensing regardless of dealer license type, two nonfranchise automobile dealers, and three franchise automobile dealers. All dealers serving on the board must have been in business no less than ten years and be in good standing with the department. The department is responsible for ensuring the board is seated at the beginning of each fiscal year. Unless the board decides otherwise or a board member no longer qualifies to remain on the board, individuals on the board serve for three fiscal years and may serve a maximum of nine consecutive years. The department in conjunction with the board should take efforts to ensure that dealers represent all regions of the State and the sizes of dealerships owned. The two statewide dealer associations shall choose their members. The chairperson shall be elected and rotated between dealer members serving on the board.
(B) Dealers licensed pursuant to this title may contest sanctions provided for in this chapter by written request to the department no later than thirty days after receiving formal notice of the sanctions being levied.
(1) All notices of sanctions are deemed received no later than thirty days after mailing by the department.
(2) No later than sixty days after receiving the written request from the dealer, the board must determine if the sanctions and corresponding points must be posted to the dealer's record as maintained by the department.
(3) No contested sanctions and corresponding points may be posted until the board has made a determination.
(4) The board's decision is considered final unless a dealer files a protest in administrative law court within twenty days of being provided written notice.
(5) The board may decide to decrease the number of points levied for a sanction, but the board may not increase the number of points levied for a sanction beyond those specified in this chapter.
(C) If a dealer licensed under this title does not contest sanctions within the time period prescribed in subsection (B), the assessed points are effective and will be posted to the dealer's record maintained by the department.
HISTORY: 2023 Act No. 51 (S.549), Section 23, eff January 1, 2024.
Code Commissioner's Note
At the direction of the Code Commissioner, "chapter" was substituted for "article" to correct a scrivener's error.
Editor's Note
2023 Act No. 51, Section 40(D), provides as follows:
"[SECTION 40.](D) SECTIONS 15 through 28 take effect on January 1, 2024. Any dealership applying for or renewing licenses, or operating on a currently issued license on or after January 1, 2024, is subject to the provisions of SECTIONS 15 through 28."
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 37 - Motor Vehicle Dealer Performance Evaluation System › Section 56-37-50. Computation of total number of points.

Section effective January 1, 2024.
In computing the total number of points levied against any dealer after a particular violation, those accrued as a result of violations during the twelve-month period including and immediately preceding the last violation must be counted at their full value. Those accrued from twelve to twenty-four months preceding the last violation must be counted at one-half their established value, and those resulting from violations which occurred more than twenty-four months prior to the last violation must not be counted.
HISTORY: 2023 Act No. 51 (S.549), Section 23, eff January 1, 2024.
Editor's Note
2023 Act No. 51, Section 40(D), provides as follows:
"[SECTION 40.](D) SECTIONS 15 through 28 take effect on January 1, 2024. Any dealership applying for or renewing licenses, or operating on a currently issued license on or after January 1, 2024, is subject to the provisions of SECTIONS 15 through 28."
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 37 - Motor Vehicle Dealer Performance Evaluation System › Section 56-37-60. Reduction of points.

Section effective January 1, 2024.
(A) Any dealer who has accumulated points under the provisions of this chapter must have the number of points reduced by four upon proving to the satisfaction of the Department of Motor Vehicles that the dealer has completed a voluntary course related to the proper licensing of dealers in this State. Before an entity may administer the course, and every three years thereafter, the department must approve the course. Entities offering this course must provide documentation, to the satisfaction of the department, regarding the training provided during the course. The department is not obligated to offer this course on its own.
(B) No dealer's points may be reduced more than one time in a three-year period by completing a course related to the proper licensing of a dealer in this State.
HISTORY: 2023 Act No. 51 (S.549), Section 23, eff January 1, 2024.
Code Commissioner's Note
At the direction of the Code Commissioner, "chapter" was substituted for "article" to correct a scrivener's error.
Editor's Note
2023 Act No. 51, Section 40(D), provides as follows:
"[SECTION 40.](D) SECTIONS 15 through 28 take effect on January 1, 2024. Any dealership applying for or renewing licenses, or operating on a currently issued license on or after January 1, 2024, is subject to the provisions of SECTIONS 15 through 28."
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 37 - Motor Vehicle Dealer Performance Evaluation System › Section 56-37-70. Suspensions of license; notification; contested case hearing.

Section effective January 1, 2024.
(A) The department must suspend the license of any dealer for seven days upon the accumulation of twelve points or if the dealer has misused any department computer system or third-party computer system that contains department data, including allowing another dealer location other than the one licensed by the department access to the system.
(B) The department must suspend the license of any dealer for thirty days upon the second accumulation of twelve points within a three-year period from the end date of the prior suspension.
(C) The department must suspend the license of any dealer for three years upon the third accumulation of twelve points within a three-year period. Dealers may not reapply for any kind of dealer license for three years after the last issued points. Should the provisions of this subsection apply, then the department may deny applications for any type of dealer license when the applicant is a member of the immediate family of the suspended dealer. The department shall notify the licensee or applicant by certified mail at the mailing address provided in his application of its intention to suspend his license at least thirty days in advance and shall provide the licensee an opportunity for a contested case hearing before the Office of Motor Vehicle Hearings pursuant to its rules of procedure and the Administrative Procedures Act of this State. A licensee desiring a contested case hearing must request the hearing in writing within thirty days of receiving notice of the proposed suspension of his dealer's or wholesaler's license. Should the dealer not request a contested case hearing from the Office of Motor Vehicle Hearings within thirty days of receiving notice of the proposed suspension, then the suspension of the dealer license must go into effect. If the dealer requests a contested case hearing from the Office of Motor Vehicle Hearings within thirty days of receiving notice of the proposed suspension, then the dealer may continue to operate until the Office of Motor Vehicle Hearings makes a final ruling in the contested case. Upon the suspension of a license, the licensee shall immediately return to the department the license and all dealer license plates.
HISTORY: 2023 Act No. 51 (S.549), Section 23, eff January 1, 2024.
Editor's Note
2023 Act No. 51, Section 40(D), provides as follows:
"[SECTION 40.](D) SECTIONS 15 through 28 take effect on January 1, 2024. Any dealership applying for or renewing licenses, or operating on a currently issued license on or after January 1, 2024, is subject to the provisions of SECTIONS 15 through 28."
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 37 - Motor Vehicle Dealer Performance Evaluation System › Section 56-37-80. Revocation of license; denial of application for dealer license.

Section effective January 1, 2024.
(A) The Department of Motor Vehicles must immediately revoke the license of any dealer issued pursuant to this title upon:
(1) a conviction involving theft or possessions of a stolen vehicle, involvement with a chop shop, or a violation of law involving tampering with, altering, or removing vehicle identification numbers or markings; or
(2) a conviction in administrative, civil, or criminal court of a dealer violation of state or federal law regarding the disconnecting, resetting, altering, or otherwise unlawful tampering with a motor vehicle's odometer.
(B) Upon the revocation of a license, the licensee, or his designee, shall immediately return to the department the license and all dealer license plates. The department must revoke the dealer license plates if the plates are not returned to the department.
(C) The department may deny any application for dealer licenses for ten years after notification of the conviction if the applicant is a member of the immediate family as a dealer whose license has been revoked. At the conclusion of the ten-year period, a dealer whose license has been revoked may apply to the Dealer Sanctions Review Board to be relicensed. However, upon review of the board, a dealer whose license has been revoked may continue to be denied a dealer license of any type.
HISTORY: 2023 Act No. 51 (S.549), Section 23, eff January 1, 2024.
Editor's Note
2023 Act No. 51, Section 40(D), provides as follows:
"[SECTION 40.](D) SECTIONS 15 through 28 take effect on January 1, 2024. Any dealership applying for or renewing licenses, or operating on a currently issued license on or after January 1, 2024, is subject to the provisions of SECTIONS 15 through 28."
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 1 - General Provisions › Section 57-1-10. Definitions.

For the purposes of this title, the following words, phrases, and terms are defined as follows:
(1) "Commission" means the administrative and governing authority of the Department of Transportation.
(2) "Department" means the Department of Transportation (DOT).
(3) "Secretary of Transportation" means the Chief Administrative Officer of the Department of Transportation.
HISTORY: 1962 Code Section 33-1; 1952 Code Section 33-1; 1951 (47) 457; 1977 Act No. 82 Sections 2, 11-13; 1986 Act No. 383, Section 2; 1993 Act No. 181, Section 1503; 2007 Act No. 114, Section 5, eff June 27, 2007.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 1 - General Provisions › Section 57-1-20. Establishment of Department of Transportation; divisions.

The Department of Transportation is established as an administrative agency of state government which is comprised of a Division of Intermodal and Freight Programs, a Division of Construction Engineering and Planning, and a Division of Finance and Administration. Each division of the Department of Transportation shall have such functions and powers as provided for by law.
HISTORY: 1962 Code Section 33-2; 1952 Code Section 33-2; 1951 (47) 457; 1993 Act No. 181, Section 1503; 2007 Act No. 114, Section 5, eff June 27, 2007; 2010 Act No. 206, Section 1, eff June 7, 2010.
2023 South Carolina Code of Laws › Title 57 - Highways, Bridges and Ferries › Chapter 1 - General Provisions › Section 57-1-30. Functions and purposes of department.

(A) The department shall have as its functions and purposes the systematic planning, construction, maintenance, and operation of the state highway system and the development of a statewide intermodal and freight system that is consistent with the needs and desires of the public.
(B) The department shall coordinate all state and federal programs relating to highways among all departments, agencies, and other bodies politic and legally constituted agencies of this State and the performance of such other duties and matters as may be delegated to it pursuant to law. The goal of the department is to provide adequate, safe, and efficient transportation services for the movement of people and goods.
HISTORY: 1962 Code Section 33-3; 1952 Code Section 33-3; 1951 (47) 457; 1993 Act No. 181, Section 1503; 2007 Act No. 114, Section 5, eff June 27, 2007; 2010 Act No. 206, Section 2, eff June 7, 2010.