(8) ‘Motorcycle’ means every motor vehicle having no more than two permanent functional wheels in contact with the ground or trailer and having a saddle for the use of the rider, but excluding a tractor and a moped. (9) ‘Nonresident’ means every person who is not a resident of this State. (10) ‘Nonresident’s operating privilege’ means the privilege conferred upon a nonresident by the laws of this State pertaining to the operation by the person of a motor vehicle, or the use of a vehicle owned by the person, in this State. (11) ‘Conviction’ means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction, an unvacated forfeiture of bail or collateral deposited to secure the person’s appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated. (12) ‘Cancellation of driver’s license’ means the annulment or termination by formal action of the Department of Motor Vehicles of a person’s driver’s license because of some error or defect in the license Printed Page 3319 . . . . . Tuesday, May 31, 2016 or because the licensee is no longer entitled to the license; the cancellation of a license is without prejudice, and application for a new license may be made at any time after the cancellation. (13) ‘Revocation of driver’s license’ means the termination by formal action of the Department of Motor Vehicles of a person’s driver’s license or privilege to operate a motor vehicle on the public highways, which privilege to operate is not subject to renewal or restoration, except that an application for a new license may be presented and acted upon by the department. (14) ‘Suspension of driver’s license’ means the temporary withdrawal by formal action of the Department of Motor Vehicles of a person’s driver’s license or privilege to operate a motor vehicle on the public highways, which temporary withdrawal shall be as specifically designated. (15) ‘Automotive threewheel vehicle’ means every motor vehicle having no more than three permanent functional wheels in contact with
actual owner, or for the purpose of sale or for renting, as agent, salesperson, or otherwise. (23) ‘Office of Motor Vehicle Hearings’ means the Office of Motor Vehicle Hearings created by Section 123660. The Office of Motor Vehicle Hearings has exclusive jurisdiction to conduct all contested case hearings or administrative hearings arising from department actions. (24) ‘Administrative hearing’ means a ‘contested case hearing’ as defined in Section 123310. It is a hearing conducted pursuant to the South Carolina Administrative Procedures Act. (25) ‘Home jurisdiction’ means the jurisdiction which has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle. (26) ‘Moped’ means a cycle, defined as a motor vehicle, with or without pedals to permit propulsion by human power, that travels on not more than two wheels in contact with the ground whether powered by gasoline, electricity, alternative fuel, or a hybrid combination thereof. Based on the engine or fuel source, the moped must be equipped not to exceed the following limitations: a motor of fifty cubic centimeters or less; or designed to have an input of less than 1500 watts. If an internal combustion engine is used, the moped must have a power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged. (27) ‘Daylight hours’ means after six o’clock a.m. and no later than six o’clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, ‘daylight hours’ means after six o’clock a.m. and no later than eight o’clock p.m. Nighttime hours are designated as all other hours. (28) ‘Vehicle’ means every device in, upon, or by which a person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.” SECTION 2. Section 56130 of the 1976 Code is amended to read: Printed Page 3321 . . . . . Tuesday, May 31, 2016 “Section 56130. The following persons are exempt from licenses under this article chapter: (1) Any employee of the United States Government while operating a motor vehicle owned by or leased to the United States Government and
June 30, 2005 60 percent 40 percent June 30, 2006 20 percent 80 percent June 30, 2007 0 percent 100 percent.” SECTION 4. Section 561175 of the 1976 Code is amended to read: “Section 561175. (A) The Department of Motor Vehicles may issue a conditional driver’s license to a person who is at least fifteen years of age and less than sixteen years of age, who has: Printed Page 3324 . . . . . Tuesday, May 31, 2016 (1) held a beginner’s permit for at least one hundred eighty days; (2) passed a driver’s education course as defined in subsection (E)(D); (3) completed at least forty hours of driving practice, including at least ten hours of driving practice during darkness, supervised by the person’s licensed parent or guardian; (4) passed successfully the road tests or other requirements the department may prescribe; and (5) satisfied the school attendance requirement contained in Section 561176. (B) A conditional driver’s license is valid only in the operation of: (1) vehicles during daylight hours. The holder of a conditional license must be accompanied by a licensed adult twentyone years of age or older after six o’clock p.m. or eight o’clock p.m. during daylight saving time. A conditional driver’s license holder may not drive between midnight and six o’clock a.m., unless accompanied by the holder’s licensed parent or guardian; (2) a motor scooter or light motordriven cycle of fivebrake horsepower or less, during daylight hours. (C) A conditional driver’s license holder may not transport more than two passengers who are under twentyone years of age unless accompanied by a licensed adult who is twentyone years of age or older. This restriction does not apply when the conditional driver’s license holder is transporting family members, or students to or from school. (D) Daylight hours, as used in this section, means after the hour of six o’clock a.m. and no later than six o’clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the conditional license may