reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 16 - Regulation Of Motorcycle Manufacturers, Distributors, Dealers, And Wholesalers › Section 56-16-50. Compensation of dealer upon termination, nonrenewal, or cancellation of franchise by manufacturer or distributor.

(a) Upon the termination, nonrenewal, or cancellation of any franchise by the manufacturer or distributor, pursuant to this section, the new motorcycle dealer must be allowed fair and reasonable compensation by the manufacturer for the:
(1) new motorcycle inventory which has been acquired from the manufacturer within eighteen months, at a price not to exceed the original manufacturer's price to the dealer, which has not been altered or damaged, and which has not been driven more than two hundred miles, and for which no certificate of title has been issued;
(2) unused, undamaged, and unsold supplies and parts purchased from the manufacturer, at a price not to exceed the original manufacturer's price to the dealer, if the supplies and parts are currently offered for sale by the manufacturer or distributor in its current parts catalogs and are in salable condition;
(3) equipment and furnishings which have not been altered or damaged and which have been required by the manufacturer or distributor to be purchased by the new motorcycle dealer from the manufacturer or distributor, or their approved sources;
(4) special tools which have not been altered or damaged and which have been required by the manufacturer or distributor to be purchased by the new motorcycle dealer from the manufacturer or distributor, or their approved sources, within five years immediately preceding the termination, nonrenewal, or cancellation of the franchise.
(b) Fair and reasonable compensation for the above must be paid by the manufacturer within ninety days of the effective date of termination, cancellation, or nonrenewal, if the new motorcycle dealer has clear title to the inventory and has conveyed title and possession to the manufacturer.
HISTORY: 1984 Act No. 511, Section 1.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 16 - Regulation Of Motorcycle Manufacturers, Distributors, Dealers, And Wholesalers › Section 56-16-60. Manufacturer's compensation of dealer for rental value or rental expense with respect to dealership facilities upon termination, cancellation, or nonrenewal of dealership.

In the event of the termination, cancellation, or nonrenewal by the manufacturer or distributor under this section, except termination, cancellation, or nonrenewal for insolvency, license revocation, conviction of a crime involving moral turpitude, or fraud by a dealer-owner:
(a) Subject to paragraph (c), if the new motorcycle dealer is leasing the dealership facilities from a lessor other than the manufacturer, the manufacturer shall pay the new motorcycle dealer a sum equivalent to the rent for the unexpired term of the lease or one year's rent, whichever is less, or such longer term as is provided in the franchise agreement between the dealer and manufacturer; or
(b) Subject to paragraph (c), if the new motorcycle dealer owns the dealership facilities, the manufacturer shall pay the new motorcycle dealers a sum equivalent to the reasonable rental value of the dealership facilities for one year.
(c) Nothing in this section shall relieve a lessee or owner, from the obligation to mitigate damages under the lease, nor prevent a manufacturer from occupying and using the dealership facilities while paying rent under subsections (a) and (b), nor prevent a manufacturer from obligations by negotiating a lease termination, a sublease, or a new lease. Any amounts recovered by the lessee or owner resulting from mitigation of damages must be deducted from the amount due from the manufacturer.
HISTORY: 1984 Act No. 511, Section 1.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 16 - Regulation Of Motorcycle Manufacturers, Distributors, Dealers, And Wholesalers › Section 56-16-70. Dealer's voluntary cancellation, nonrenewal, or termination of franchise agreement.

The provisions of paragraphs (d) and (e) of Section 56-16-40 are not applicable when the termination, nonrenewal, or cancellation of the franchise agreement is the result of the voluntary act of the dealer.
HISTORY: 1984 Act No. 511, Section 1.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 16 - Regulation Of Motorcycle Manufacturers, Distributors, Dealers, And Wholesalers › Section 56-16-80. Persons to whom chapter applies; jurisdiction of courts.

Any person who engages directly or indirectly in purposeful contacts within this State in connection with the offering or advertising for sale or has business dealings with respect to a motorcycle within this State is subject to the provisions of this chapter and is subject to the jurisdiction of the courts of this State upon service of process in accordance with the provisions of Chapter 9 of Title 15.
HISTORY: 1984 Act No. 511, Section 1.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 16 - Regulation Of Motorcycle Manufacturers, Distributors, Dealers, And Wholesalers › Section 56-16-90. Unfair competition and unfair or deceptive acts or practices.

(a) Unfair methods of competition and unfair or deceptive acts or practices as defined in Section 56-16-100 are declared to be unlawful.
(b) In construing paragraph (a) the courts may be guided by the definitions in the Federal Trade Commission Act (15 U.S.C. 45).
HISTORY: 1984 Act No. 511, Section 1.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 16 - Regulation Of Motorcycle Manufacturers, Distributors, Dealers, And Wholesalers › Section 56-16-110. Manufacturer's specification of dealer's delivery and preparation obligations.

Every manufacturer shall specify to the dealer the delivery and preparation obligations of its motorcycle dealers prior to delivery of new motorcycles to retail buyers. A copy of the delivery and preparation obligations of its motorcycle dealers and a schedule or statement of the compensation to be paid or credited to its motorcycle dealers for the work and services they are required to perform in connection with such delivery and preparation obligations must be filed with the Department of Motor Vehicles by every motorcycle manufacturer and shall constitute any such dealer's only responsibility for product liability as between the dealer and the manufacturer. The compensation as set forth on the schedule or statement is reasonable and paid or credited as set out in Section 56-16-30.
HISTORY: 1984 Act No. 511, Section 1; 1993 Act No. 181, Section 1488.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 16 - Regulation Of Motorcycle Manufacturers, Distributors, Dealers, And Wholesalers › Section 56-16-120. Imposition of restrictions on motorcycle dealer or franchisee.

It is unlawful directly or indirectly to impose unreasonable restrictions on the motorcycle dealer or franchisee relative to transfer, sale, right to renew, termination, discipline, noncompetition covenants, site-control (whether by sublease, collateral pledge of lease, or otherwise), right of first refusal to purchase, option to purchase, compliance with subjective standards, and assertion of legal or equitable rights.
HISTORY: 1984 Act No. 511, Section 1.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 16 - Regulation Of Motorcycle Manufacturers, Distributors, Dealers, And Wholesalers › Section 56-16-130. Manufacturer's, distributor's, or wholesaler's offer of inducement to dealer in connection with sale of motorcycle to state or political subdivision.

In connection with a sale of a motorcycle to the State or to any political subdivision thereof, no manufacturer, distributor, or wholesaler may offer any discounts, refunds, or any other similar type of inducement to any dealer without making the same offer to all other of its dealers within the relevant market area and, if such inducements are made, the manufacturer, distributor, or wholesaler must give simultaneous notice thereof to all of its dealers within the relevant market area who have requested such notice.
HISTORY: 1984 Act No. 511, Section 1.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 16 - Regulation Of Motorcycle Manufacturers, Distributors, Dealers, And Wholesalers › Section 56-16-140. License for dealer or wholesaler; exhibition license; fees; penalties for noncompliance.

Section effective until January 1, 2024. See, also, Section 56-16-140 effective January 1, 2024.
(A)(1) Before engaging in business as a motorcycle dealer or wholesaler in this State, every person must first make application to the Department of Motor Vehicles for a license. Every license issued expires twelve months from the date of issue and must be prominently displayed at the established place of business. The fee for the license is fifty dollars. The license applies to only one place of business of the applicant and is not transferable to any other person or place of business, except as provided in item (2).
(2)(a) A licensed dealer may exhibit motorcycles and their related products at fairs, recreational or sports shows, vacation shows, and other similar events or shows upon obtaining a dealer's exhibition license. Before exhibiting motorcycles and their related products as provided in this item, the dealer shall first apply to the department for an exhibition license. The applicant shall provide the department with the name, location, and dates of the particular exhibition for which he is seeking an exhibition license.
(b) A dealer must hold a valid dealer's license pursuant to this section to be issued an exhibition license. Exhibition licenses are valid for a period not to exceed ten consecutive days, must be prominently displayed at the exhibition site, apply to only the licensee, and may not be transferred to another dealer or exhibition location. A dealer may not purchase more than six exhibition licenses in any licensing period.
(B) A person who fails to secure a license as required in this chapter is guilty of a misdemeanor and, upon conviction, must be fined:
(1) not less than fifty dollars nor more than two hundred dollars or imprisoned for not more than thirty days for the first offense;
(2) not less than two hundred dollars nor more than one thousand dollars or imprisoned for not more than six months, or both, for the second offense; and
(3) not less than one thousand dollars nor more than ten thousand dollars or imprisoned for not more than two years, or both, for the third or any subsequent offense.
For purposes of this subsection, the sale of each motorcycle constitutes a separate offense.
HISTORY: 1984 Act No. 511, Section 1; 1996 Act No. 459, Section 229; 2014 Act No. 217 (S.998), Section 1, eff June 2, 2014.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 16 - Regulation Of Motorcycle Manufacturers, Distributors, Dealers, And Wholesalers › Section 56-16-160. Requirement as to dealer's maintenance of bona fide established place of business; size of business; permanent sign.

Section effective until January 1, 2024. See, also, Section 56-16-160 effective January 1, 2024.
No dealer may be issued or allowed to maintain a motorcycle dealer's license unless:
(1) The dealer maintains a bona fide established place of business for conducting the business of selling or exchanging motorcycles which must be the principal business conducted from the fixed location. The sale of motorcycles or motor driven cycles need not be the principal business conducted from the fixed location. A bona fide established place of business for any motorcycle dealer includes a permanent, enclosed building or structure, not excluding a permanently installed mobile home containing at least ninety-six square feet of floor space, actually occupied by the applicant and easily accessible by the public, at which a permanent business of bartering, trading, or selling of motorcycles or displaying vehicles for bartering, trading, or selling is carried on, wherein the public may contact the owner or operator at all reasonable times and in which must be kept and maintained the books, records, and files required by this chapter. A bona fide established place of business does not mean a residence, tent, temporary stand, or other temporary quarters.
(2) The dealer's place of business must display a permanent sign with letters at least six inches in height, clearly readable from the nearest major avenue of traffic. The sign must clearly identify the licensed business.
(3) The dealer's place of business must have a reasonable area or lot to properly display motorcycles.
HISTORY: 1984 Act No. 511, Section 1.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 16 - Regulation Of Motorcycle Manufacturers, Distributors, Dealers, And Wholesalers › Section 56-16-170. Records of transfers; organization and legibility; penalties.

(A) Every dealer or wholesaler shall keep complete records of each transaction under which a motorcycle is transferred for a period of not less than four years from the date of the transaction. The records must show the true name and correct address of the person or persons from whom the motorcycle was acquired and the date of the transaction; a correct description of the motorcycle, when transferred; the true name and correct address of the person to whom the motorcycle was transferred; and the date of the transaction. The description of the motorcycle must include the motorcycle identification number, make, model, type of body, and the odometer readings at the time the motorcycle was transferred to and from the dealer or wholesaler. These records must be open at all reasonable times for inspection and copying by the Department of Motor Vehicles or any of its duly authorized agents.
(B) The records kept by the dealer or wholesaler must be maintained in a reasonably organized and orderly fashion with all entries being legible to the ordinary person upon inspection. Any records which are illegible or incapable of accurate interpretation by either the recordkeeper or the department's inspector or agent are not in compliance with this section.
(C) If any dealer or wholesaler fails to keep the required records or fails to make them available to the department or its duly authorized agents immediately upon a reasonable request, the dealer or wholesaler is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars or imprisoned for up to thirty days. The failure to keep or to make available to the department or its duly authorized agents complete records on each separate motorcycle constitutes a separate offense.
HISTORY: 1984 Act No. 511, Section 1; 1996 Act No. 459, Section 230.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 16 - Regulation Of Motorcycle Manufacturers, Distributors, Dealers, And Wholesalers › Section 56-16-180. Denial, suspension, or revocation of motorcycle dealer license.

Section effective January 1, 2024. See, also, Section 56-16-180 effective until January 1, 2024.
The department may deny, suspend, or revoke an applicant or licensee for a motorcycle dealer license, to include existing licenses in the name of the same applicant, for any reason prescribed in Section 56-15-350.
HISTORY: 1984 Act No. 511, Section 1; 2006 Act No. 304, Section 2, eff May 24, 2006; 2008 Act No. 279, Section 13, eff October 1, 2008; 2023 Act No. 51 (S.549), Section 27, 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."
Effect of Amendment
2023 Act No. 51, Section 27, rewrote the section.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 16 - Regulation Of Motorcycle Manufacturers, Distributors, Dealers, And Wholesalers › Section 56-16-200. Civil actions; damages; effect of judgments as prima facie evidence.

(1) In addition to temporary or permanent injunctive relief as provided in Section 56-16-100(3)(c), any person who is injured in his business or property by reason of anything forbidden in this chapter may sue therefor in the court of common pleas and recover double the actual damages by him sustained, and the cost of suit, including a reasonable attorney's fee.
(2) When the action is one of common or general interest to many persons or when the parties are numerous and it is impracticable to bring them all before the court, one or more may sue for the benefit of the whole, including actions for injunctive relief.
(3) In an action for money damages, if the jury finds that the defendant acted maliciously, the jury may award punitive damages not to exceed three times the actual damages.
(4) A final judgment, order, or decree rendered against a person in any civil, criminal, or administrative proceeding under the United States antitrust laws, under the Federal Trade Commission Act, or under this chapter constitutes prima facie evidence against the person subject to the conditions of the United States Antitrust Law (15 U.S.C. Section 16).
HISTORY: 1984 Act No. 511, Section 1.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 16 - Regulation Of Motorcycle Manufacturers, Distributors, Dealers, And Wholesalers › Section 56-16-210. Contracts violating provisions of this chapter.

Any contract or part thereof or practice thereunder in violation of any provision of this chapter is against public policy and is void and unenforceable.
HISTORY: 1984 Act No. 511, Section 1.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 17 - Criminal Penalties › Section 56-17-10. Willful failure to purchase license, keep records, or supply information in violation of law; willful falsification of information.

A person required by a provision of law or by regulation to purchase a license, keep any records, or supply any information, who wilfully fails to purchase a license, keep the records, or supply the information or who wilfully falsifies information so supplied, at the time or times required by law or regulation, in addition to other penalties provided by law, is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than one year, or both, including the cost of prosecution.
HISTORY: 1996 Act No. 459, Section 231.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-20. Administration and enforcement.

The Department of Motor Vehicles is hereby vested with the power and is charged with the duty of observing, administering and enforcing the provisions of this chapter and Chapter 21 of Title 16.
HISTORY: 1962 Code Section 46-140; 1957 (50) 595.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-40. Department of Motor Vehicles shall examine all applications; investigations; rejections.

The Department of Motor Vehicles shall examine and determine the genuineness, regularity and legality of every application for registration of a vehicle or for a certificate of title therefor and of any other application lawfully made to the Department and may in all cases make investigations as may be deemed necessary or require additional information and shall reject any such application if not satisfied of the genuineness, regularity or legality thereof or the truth of any statement contained therein, or for any other reason, when authorized by law.
HISTORY: 1962 Code Section 46-142; 1957 (50) 595.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-50. Department of Motor Vehicles shall seize expired, fictitious and certain other certificates, cards, permits, licenses, and plates.

The Department of Motor Vehicles may take possession of any certificate of title, registration card, permit, license or registration plate issued by it (a) upon expiration, revocation, cancellation or suspension thereof, (b) which is fictitious or (c) which has been unlawfully or erroneously issued.
HISTORY: 1962 Code Section 46-143; 1957 (50) 595.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-60. Method of giving notice; proof of service.

Whenever the Department of Motor Vehicles is authorized or required to give any notice under this chapter or Chapter 21 of Title 16, unless a different method of giving such notice is otherwise expressly prescribed, such notice shall be given either by personal delivery thereof to the person to be so notified or by deposit in the United States mail of such notice by certified mail in an envelope with postage prepaid, addressed to such person at his address as shown by the records of the Department. The giving of notice by mail is complete upon the expiration of ten days after the deposit of the notice. Proof of the giving of notice in either such manner may be made by the certificate of any officer or employee of the Department or affidavit of any person over eighteen years of age, naming the person to whom such notice was given and specifying the time, place and manner of the giving thereof.
HISTORY: 1962 Code Section 46-144; 1957 (50) 595.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-70. Refunds of fees.

Whenever any application to the Department of Motor Vehicles is accompanied by any fee as required by law and such application is refused or rejected, the fee shall be returned to the applicant.
Whenever the Department through error collects any fee not required to be paid under this chapter, the fee may be refunded on its own initiative and shall be refunded to the person paying the fee upon application therefor made within six months after the date of such payment.
HISTORY: 1962 Code Section 46-145; 1957 (50) 595.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-80. Disposition of fees and penalties.

All fees and penalties collected by the Department of Motor Vehicles pursuant to the provisions of this chapter or Chapter 21 of Title 16 shall be placed in the state general fund for the administration of this chapter and for other department purposes."
HISTORY: 1962 Code Section 46-146; 1957 (50) 595; 1993 Act No. 181, Section 1491.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-90. Forms.

The Department of Motor Vehicles shall prescribe and provide suitable forms of applications, certificates of title and all other forms requisite or deemed necessary to carry out the provisions of this chapter and Chapter 21 of Title 16.
HISTORY: 1962 Code Section 46-147; 1957 (50) 595.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-110. Judicial review of Department of Motor Vehicle's acts.

A person aggrieved by an act or omission to act by the Department of Motor Vehicles under this chapter or Chapter 21 of Title 16 is also entitled to a review thereof by the circuit court in accordance with laws of this State relating to appeals.
HISTORY: 1962 Code Section 46-149; 1957 (50) 595.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-210. Certificate of title required to sell or mortgage vehicle or mobile home; exception.

It shall be unlawful for any person to sell or offer for sale or mortgage in this State any vehicle of a type required to be registered and licensed in this State, or any mobile home, unless a certificate of title has been issued therefor and is currently valid; but this provision shall not apply to South Carolina dealers in the sale or offering for sale of new vehicles or mobile homes for which there is a manufacturer's certificate of origin made out to the person offering such vehicle or mobile homes for sale.
HISTORY: 1962 Code Section 46-150; 1957 (50) 595; 1972 (57) 2712.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-220. Exemption of certain vehicles.

No certificate of title need be obtained for:
(1) A vehicle owned by the United States unless it is registered in this State;
(2) A vehicle owned by a manufacturer or dealer and held for sale, even though incidentally moved on the highway or used for purposes of testing or demonstration, or a vehicle used by the manufacturer solely for testing;
(3) A vehicle owned by a nonresident of this State and not required by law to be registered in this State;
(4) A vehicle regularly engaged in the interstate transportation of persons or property for which a currently effective certificate of title has been issued in another state;
(5) A vehicle moved solely by animal power;
(6) An implement of husbandry;
(7) Special mobile equipment not required to be registered and licensed in this State;
(8) A pole trailer;
(9) A vehicle not required to be licensed and registered in this State, except mobile homes;
(10) A vehicle used by its manufacturer in a benefit program for the manufacturer's employees;
(11) A vehicle used by its manufacturer for testing, distribution, evaluation, and promotion, subject to the limitation in Section 56-3-2332(B)(2); or
(12) A moped.
HISTORY: 1962 Code Section 46-150.1; 1957 (50) 595; 1972 (57) 2712; 1997 Act No. 155, Part II, Section 32B; 2017 Act No. 89 (H.3247), Section 32, eff November 19, 2018.
Effect of Amendment
2017 Act No. 89, Section 32, in (9), substituted "A vehicle" for "Vehicles"; added (12), relating to mopeds; and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-230. Owners shall apply for certificates.

Except as otherwise provided for in this chapter, every owner of a vehicle which is in this State and for which no certificate of title has been issued by the Department of Motor Vehicles shall make application to the Department for a certificate of title of the vehicle.
HISTORY: 1962 Code Section 46-150.2; 1957 (50) 595.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-250. Department of Motor Vehicles shall check application against list of stolen and converted vehicles.

The Department of Motor Vehicles, upon receiving an application for a first certificate of title, shall check the identifying number of the vehicle shown in the application against the record of stolen and converted vehicles required by Section 56-19-850 to be maintained by the Department.
HISTORY: 1962 Code Section 46-150.4; 1957 (50) 595.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-260. Filing application; issuance of certificate.

The Department of Motor Vehicles shall file each application received and, when satisfied as to its genuineness and regularity and that the applicant is entitled to the issuance of a certificate of title, shall issue a certificate of title of the vehicle.
HISTORY: 1962 Code Section 46-150.5; 1957 (50) 595.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-270. Refusal of certificate.

The Department of Motor Vehicles shall refuse issuance of a certificate of title if any required fee is not paid or if it has reasonable grounds to believe that:
(1) The applicant is not the owner of the vehicle;
(2) The application contains a false or fraudulent statement; or
(3) The applicant fails to furnish required information or documents or any additional information the Department reasonably requires.
HISTORY: 1962 Code Section 46-150.6; 1957 (50) 595.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-280. Refusal of certificate; vehicle reported stolen or converted.

When the theft or conversion of a vehicle is reported to the Department of Motor Vehicles pursuant to Sections 56-19-810 or 56-19-820, until the department learns of its recovery or that the report of its theft or conversion was erroneous, it must not issue a certificate of title for the vehicle. A title may be issued on a vehicle that is reported stolen only in cases where the settlement to an insurance company is involved.
HISTORY: 1962 Code Section 46-150.7; 1957 (50) 595; 1996 Act No. 459, Section 234.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-290. Contents of certificate.

Each certificate of title issued by the Department of Motor Vehicles shall contain:
(1) The date issued;
(2) The name and address of the owner;
(3) The names and addresses of any lienholders, in the order of priority as shown on the application, and dates of the liens, or if the application is based on a certificate of title, as shown on the certificate;
(4) The title number assigned to the vehicle;
(5) A description of the vehicle including, so far as the following data exists: its make, model, vehicle identification number, odometer reading at the time of application, and type of body;
(6) Any other data the Department prescribes.
The certificate of title shall contain forms for assignment and warranty of title by the owner and for reassignment and warranty of title by a dealer and may contain forms for application for a certificate of title by a transferee, the naming of a lienholder and the assignment or release of the security interest of a lienholder.
HISTORY: 1962 Code Section 46-150.8; 1957 (50) 595; 1980 Act No. 385, Section 5; 1990 Act No. 577, Section 2.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-300. Contents of certificate for vehicle last registered where lienholders not named on certificate.

A distinctive certificate of title shall be issued for a vehicle last previously registered in another state or country, the laws of which do not require that lienholders be named on a certificate of title to perfect their security interests. The certificate shall contain the legend, "THIS VEHICLE MAY BE SUBJECT TO AN UNDISCLOSED LIEN," and may contain any other information the Department of Motor Vehicles prescribes.
HISTORY: 1962 Code Section 46-150.9; 1957 (50) 595.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-310. Numbering certificates issued to successive owners; two transfers when auctioneer gives title.

The certificate of title issued to the first owner of a new vehicle must be designated by the letter suffix "A" after the title number. Titles issued to subsequent owners of such a vehicle must be designated "B", "C", "D", and "E" in the order of ownership. Titles issued to subsequent owners shall contain no letter suffix.
HISTORY: 1962 Code Section 46-150.10; 1957 (50) 595; 1996 Act No. 459, Section 235.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-320. Certificate as prima facie evidence of facts.

A certificate of title issued by the Department of Motor Vehicles is prima facie evidence of the facts appearing on it.
HISTORY: 1962 Code Section 46-150.11; 1957 (50) 595.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-340. Certificate mailed to first lienholder or, if none, to owner.

The certificate of title must be mailed to the first lienholder named in it or given to the lienholder's authorized agent or, if none, to the owner.
HISTORY: 1962 Code Section 46-150.13; 1957 (50) 595; 1963 (53) 161; 1996 Act No. 459, Section 236.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-350. Duplicate certificates; surrender of recovered original.

If a certificate of title is lost, stolen, mutilated or destroyed or becomes illegible, the owner or legal representative of the owner named in the certificate, as shown by the records of the Department of Motor Vehicles, shall promptly make application for and may obtain a duplicate upon furnishing information satisfactory to the Department. The duplicate certificate of title shall contain the legend, "THIS IS A DUPLICATE CERTIFICATE AND MAY BE SUBJECT TO THE RIGHTS OF A PERSON UNDER THE ORIGINAL CERTIFICATE." It shall be mailed to the owner named in it or his legal representative.
A person recovering an original certificate of title for which a duplicate has been issued shall promptly surrender the original certificate to the Department.
HISTORY: 1962 Code Section 46-150.14; 1957 (50) 595.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-360. Procedures for voluntary transfer; duties of transferor and transferee; effective time of transfer.

If an owner, manufacturer or dealer transfers his interest in a vehicle other than by the creation of a security interest, he shall, at the time of the delivery of the vehicle, execute an assignment and warranty of title to transferee in the space provided therefor on the certificate or as the Department of Motor Vehicles prescribes and cause the certificate and assignment to be mailed or delivered to the transferee or to the Department.
Except as provided in Section 56-19-370, the transferee shall, promptly after delivery to him of the vehicle, execute the application for a new certificate of title in the space provided therefor on the certificate or as the Department prescribes and cause the certificate and application to be mailed or delivered to the Department.
Except as provided in Section 56-19-370, and as between the parties, a transfer by an owner is not effective until the provisions of this section have been complied with.
HISTORY: 1962 Code Section 46-150.15; 1957 (50) 595.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-370. Procedures for voluntary transfer; dealer purchasing vehicle for resale.

Section effective until January 1, 2024. See, also, Section 56-19-370 effective January 1, 2024.
If a dealer buys a vehicle and holds it for resale and procures the certificate of title from the owner within forty-five days after delivery to him of the vehicle, he need not send the certificate to the Department of Motor Vehicles, but, upon transferring the vehicle to another person other than by the creation of a security interest, promptly shall execute the assignment and warranty of title by a dealer, showing the names and addresses of the transferee and of any lienholder holding a security interest created or reserved at the time of the resale and the date of his security agreement, in the spaces provided on the certificate or as the department prescribes, and mail or deliver the certificate to the department with the transferee's application for a new certificate.
HISTORY: 1962 Code Section 46-150.16; 1957 (50) 595; 1995 Act No. 42, Section 2.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-370. Procedures for voluntary transfer; dealer purchasing vehicle for resale.

Section effective January 1, 2024. See, also, Section 56-19-370 effective until January 1, 2024.
(A) If a dealer buys a vehicle and holds it for resale and procures the certificate of title from the owner within forty-five days after delivery to him of the vehicle, he need not send the certificate to the Department of Motor Vehicles, but, upon transferring the vehicle to another person other than by the creation of a security interest, promptly shall execute the assignment and warranty of title by a dealer, showing the names and addresses of the transferee and of any lienholder holding a security interest created or reserved at the time of the resale and the date of his security agreement, in the spaces provided on the certificate or as the department prescribes, and mail or deliver the certificate to the department with the transferee's application for a new certificate.
(B)(1) The dealer must properly title and, if applicable, register the vehicle within forty-five days after the sale. A dealer who receives in a timely manner a title lien release from a financial institution, titling agent, or another state department of motor vehicles, or its equivalent, and who fails to either properly title or, if applicable, register the vehicle the dealer sold within forty-five days after the sale may be assessed points against his dealer record pursuant to Section 56-37-30.
(2) If the department has reason to believe that the dealer knowingly did not properly title, or if applicable, register the vehicle within forty-five days after the sale, the dealer is guilty of a misdemeanor and must be fined not less than five hundred dollars or imprisoned not more than thirty days, or both, and is further subject to the provisions of Section 56-15-350.
(3) If a title is in suspended status, the department must make the information regarding the reason for suspension available in a timely manner through the third-party provider pursuant to Section 56-3-210.
(4) No dealer may be prosecuted for not properly titling or registering a vehicle within forty-five days if the department has placed the title in suspended status or if a financial institution has not released the lien in a timely manner.
HISTORY: 1962 Code Section 46-150.16; 1957 (50) 595; 1995 Act No. 42, Section 2; 2023 Act No. 51 (S.549), Section 28, eff January 1, 2024.
Code Commissioner's Note
At the direction of the Code Commissioner, the reference in (B)(1) to "Section 56-37-370" was changed to "Section 56-37-30" 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."
Effect of Amendment
2023 Act No. 51, Section 28, inserted the (A) designator, and added (B).
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-380. Procedures for voluntary transfer; issuance of new certificate.

The Department of Motor Vehicles, upon receipt of a properly assigned certificate of title, with an application for a new certificate of title, the required fee and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner and mail it to the owner named in it or his legal representative.
HISTORY: 1962 Code Section 46-150.17; 1957 (50) 595.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-390. Procedures for involuntary transfer or repossession.

(1) If the interest of an owner in a vehicle passes to another other than by voluntary transfer, the transferee shall, except as provided in subsection (2) of this section, promptly mail or deliver to the Department of Motor Vehicles the last certificate of title, if available, proof of the transfer and his application for a new certificate in the form the Department prescribes.
(2) If the interest of the owner is terminated or the vehicle is sold under a security agreement by a lienholder named in the certificate of title, or by foreclosure of a statutory lien or sale pursuant to Section 29-15-10, the transferee shall promptly mail or deliver to the department the last certificate of title or order of court pertaining to sale, his application for a new certificate in the form the department prescribes and an affidavit made by or on behalf of the lienholder that the vehicle was repossessed and that the security interest of the owner was lawfully terminated or sold pursuant to the terms of the security agreement, or by foreclosure of a statutory lien. If the lienholder succeeds to the interest of the owner and holds the vehicle for resale, he need not secure a new certificate of title but, upon transfer to another person, shall promptly mail or deliver to the transferee or to the department the certificate, affidavit and other documents required to be sent to the department by the transferee, and the department shall, upon request, issue a new title free and clear of prior liens and encumbrances.
HISTORY: 1962 Code Section 46-150.18; 1957 (50) 595; 1977 Act No. 158; 1993 Act No. 181, Section 1492.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-400. Procedures for involuntary transfer or repossession; issuance of new certificate.

The Department of Motor Vehicles, upon receipt of an application for a new certificate of title by a transferee other than by voluntary transfer, with proof of the transfer, the required fee and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner. If the outstanding certificate of title is not delivered to it, the Department shall make demand therefor from the holder thereof.
HISTORY: 1962 Code Section 46-150.19; 1957 (50) 595.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-410. Procedures for involuntary transfer or repossession; surrender of old certificate; effect of surrender and issuance of new certificate.

A person holding a certificate whose interest in the vehicle has been extinguished or transferred other than by voluntary transfer shall mail or deliver the certificate to the Department of Motor Vehicles upon request of the Department. The delivery of the certificate pursuant to the request of the Department does not affect the rights of the person surrendering the certificate, and the action of the Department in issuing a new certificate of title as provided in Section 56-19-400 is not conclusive upon the rights of an owner or lienholder named in the old certificate.
HISTORY: 1962 Code Section 46-150.20; 1957 (50) 595.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-420. Fee; allocation.

(A) The Department of Motor Vehicles shall charge fifteen dollars for:
(1) the issuance of a certificate of title;
(2) the transfer of a certificate of title; or
(3) the issuance of a duplicate certificate of title.
(B) Five dollars of the fee contained in this section must be placed in a special earmarked account by the Comptroller General and must be distributed in the following manner:
(1) the first one million dollars must be credited to the general fund of the State to offset a portion of state individual income tax revenue not collected pursuant to the subsistence allowance allowed pursuant to Section 12-6-1140(6); and
(2) the remainder must be allocated to the Department of Public Safety and used to support highway patrol programs.
(C) Notwithstanding any other provision of law, five dollars of the fee contained in this section must be placed in the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167 by the Comptroller General.
HISTORY: 1962 Code Section 46-150.21; 1957 (50) 595; 1972 (57) 3013, 3088; 1976 Act No. 738 Section 6; 1986 Act No. 540, Part II, Section 42C; 2002 Act No. 349, Section 1; 2003 Act No. 51, Section 16; 2008 Act No. 353, Section 2, Pt 12C.2, eff July 1, 2008; 2016 Act No. 275 (S.1258), Section 83, eff July 1, 2016.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-425. Fee for furnishing odometer reading.

The Department of Motor Vehicles shall be authorized to charge a fee of three dollars for furnishing the odometer reading or other odometer information concerning a particular vehicle to a requesting party.
HISTORY: 1980 Act No. 385, Section 6; 1993 Act No. 181, Section 1493.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-430. Assignment of new identifying number; issuance of new, or endorsement of, original certificate.

The Department of Motor Vehicles may assign a new identifying number to a vehicle if it has none, its identifying number is destroyed or obliterated or its motor is changed and shall either issue a new certificate of title showing the new identifying number or make an appropriate endorsement on the original certificate.
HISTORY: 1962 Code Section 46-150.22; 1957 (50) 595.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-440. Suspension or revocation of certificate.

The Department of Motor Vehicles shall suspend or revoke a certificate of title:
(1) If it finds
(a) the certificate of title was fraudulently procured or erroneously issued or
(b) the vehicle has been scrapped, dismantled or destroyed;
(2) When the Department determines that the fee has not been paid and such fee is not paid under reasonable notice and demand; or
(3) When the Department determines that the owner has committed any offense under this chapter or Chapter 21 of Title 16 involving the certificate to be suspended or revoked.
HISTORY: 1962 Code Section 46-150.23; 1957 (50) 595.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-450. Effect of suspension or revocation on validity of security interest.

Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it.
HISTORY: 1962 Code Section 46-150.24; 1957 (50) 595.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-460. Surrender of suspended or revoked certificate.

When the Department of Motor Vehicles suspends or revokes a certificate of title, the owner or person in possession of it shall, immediately upon receiving notice of the suspension or revocation, mail or deliver the certificate to the Department.
HISTORY: 1962 Code Section 46-150.25; 1957 (50) 595.
2023 South Carolina Code of Laws › Title 56 - Motor Vehicles › Chapter 19 - Protection Of Titles To And Interests In Motor Vehicles › Section 56-19-470. Seizure of suspended or revoked certificate.

The Department of Motor Vehicles may seize and impound any certificate of title which has been suspended or revoked.
HISTORY: 1962 Code Section 46-150.26; 1957 (50) 595.