CHAPTER 3 - MOTOR VEHICLE REGISTRATION AND LICENSING
Title 56 - Motor Vehicles
CHAPTER 3.
MOTOR VEHICLE REGISTRATION AND LICENSING
ARTICLE 1.
SHORT TITLE; DEFINITIONS
SECTION 56-3-10. Short title.
This chapter shall be known and cited as the "South Carolina Motor Vehicle Registration and Licensing Act."
SECTION 56-3-20. Definitions.
For purposes of this chapter, the following words and phrases are defined as follows:
(1) "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.
(2) "Motor vehicle" means every vehicle which is self- propelled, except mopeds, and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
(3) "Motorcycle" means every motorcycle 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.
(4) "Motor-driven cycle" means every motorcycle, including every motor scooter, with a motor which produces not to exceed five horsepower.
(5) "Authorized emergency vehicle" means vehicles of the fire department (fire patrol), police vehicles, and the ambulances and emergency vehicles of municipal departments or public service corporations designated or authorized by the department or the chief of police of an incorporated municipality.
(6) "School bus" means every bus owned by a public or governmental agency and operated for the transportation of children to or from school or privately owned and operated for the transportation of children to or from school.
(7) "Truck tractor" means every motor vehicle designed and used primarily for drawing other vehicles and not constructed so as to carry a load other than a part of the weight of the vehicle and load drawn.
(8) "Farm tractor" means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.
(9) "Road tractor" means every motor vehicle designed and used for drawing other vehicles and not constructed so as to carry a load on it either independently or any part of the weight of a vehicle or load drawn.
(10) "Truck" means every motor vehicle designed, used, or maintained primarily for the transportation of property.
(11) "Special mobile equipment" includes every vehicle, with or without motive power, not designed or used primarily for the transportation of persons or pay-load property and incidentally operated or moved over the highways, including farm tractors, road construction and maintenance machinery, ditchdigging apparatus, well-boring apparatus, truck cranes or mobile shovel cranes, and similar vehicles; this enumeration is deemed partial and does not operate to exclude other vehicles which are within the general terms of this definition.
(12) "Bus" means every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.
(13) "Trailer" means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle.
(14) "Semitrailer" means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that some part of its weight and that of its load rests upon or is carried by another vehicle.
(15) "Pole trailer" means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole or by being boomed or otherwise secured to the towing vehicle and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections.
(16) "Foreign vehicle" means every vehicle of a type required to be registered brought into this State from another state, territory, or country other than in the ordinary course of business by or through a manufacturer or dealer and not registered in this State.
(17) "Implement of husbandry" means every vehicle which is designed for agricultural purposes and exclusively used by its owner in the conduct of his agricultural operations.
(18) "Solid tire" means every tire of rubber or other resilient material which does not depend upon compressed air for the support of the load.
(19) "Gross weight" or "gross weight vehicle" means the weight of a vehicle without load plus the weight of any load on it.
(20) "Load capacity" means the maximum weight of the pay load of the property intended to be transported by a vehicle or combination of vehicles, exclusive of the weight of the vehicle or vehicles.
(21) "Owner" means a person who holds the legal title of a vehicle or, in the event (a) a vehicle is the subject of an agreement for the conditional sale or lease with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or (b) a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor is deemed the owner for the purpose of this chapter.
(22) "Nonresident" means every person who is not a resident of this State.
(23) "Dealer" or "motor vehicle dealer" means both "dealer" and "wholesaler" as defined in Chapter 15 of this title.
(24) [Deleted]
(25) "Street" or "highway" means the entire width between boundary lines of every way publicly maintained when any part of it is open to the use of the public for vehicular travel.
(26) "Odometer" means an instrument for measuring and recording the actual distance a motor vehicle travels while in operation; it does not include an auxiliary instrument designed to be reset by the operator of the motor vehicle for the purpose of recording the distance traveled on trips.
(27) "Odometer reading" means actual cumulative distance traveled disclosed on the odometer.
(28) "Odometer disclosure statement" means a statement, as prescribed by item (4) of Section 56-3-240, certified by the owner of the motor vehicle to the transferee or to the Department of Motor Vehicles as to the odometer reading.
(29) "Moped" means every cycle with pedals to permit propulsion by human power and with a motor of not more than fifty cubic centimeters which produces not to exceed one and one-half brake horsepower and which is not capable of propelling the vehicle at a speed in excess of twenty-five miles per hour on level ground. 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.
(30) "Automotive three-wheel vehicle" means every motor vehicle having no more than three permanent functional wheels in contact with the ground, having a bench seat for the use of the operator, and having an automotive type steering device, but excluding a tractor or motorcycle three-wheel vehicle.
(31) "Motorcycle three-wheel vehicle" means every motor vehicle having no more than three permanent functional wheels in contact with the ground to include motorcycles with detachable side cars, having a saddle type seat for the operator, and having handlebars or a motorcycle type steering device, but excluding a tractor or automotive three-wheel vehicle.
ARTICLE 3.
REGISTRATION AND LICENSING GENERALLY
SECTION 56-3-110. Vehicles required to be registered and licensed.
Every motor vehicle, trailer, semitrailer, pole trailer and special mobile equipment vehicle driven, operated or moved upon a highway in this State shall be registered and licensed in accordance with the provisions of this chapter. It shall be a misdemeanor for any person to drive, operate or move upon a highway or for the owner knowingly to permit to be driven, operated or moved upon a highway any such vehicle which is not registered and licensed and the required fee paid as provided for in this chapter.
SECTION 56-3-115. Golf carts; permit to operate on highways and streets.
The owner of a vehicle commonly known as a golf cart, if he has a valid driver's license, may obtain a permit from the Department of Motor Vehicles upon the payment of a fee of five dollars and proof of financial responsibility which permits his agent, employees, or him to:
(1) operate the golf cart on a secondary highway or street within two miles of his residence or place of business during daylight hours only; and
(2) cross a primary highway or street while traveling along a secondary highway or street within two miles of his residence or place of business during daylight hours only.
SECTION 56-3-120. Exemptions from registration and licensing requirement.
The following vehicles are exempt from registration and licensing under this chapter:
(1) a vehicle driven, operated, or moved upon a highway pursuant to the provisions of this chapter relating to nonresidents or under temporary permits issued by the department as authorized;
(2) any implement of husbandry, including a knuckleboom loader mounted on a trailer or straight truck, whether of a type otherwise subject to registration and license which only incidentally is operated or moved upon a highway;
(3) a special mobile equipment vehicle which only occasionally is moved over a highway and special mobile equipment vehicle of the State or its departments, agencies, or political subdivisions;
(4) a vehicle owned and operated by the government of the United States; and
(5) a trailer or semitrailer of a motor carrier as defined in Section 12-37-2810 for which the fee-in-lieu of taxes and registration requirements has been paid and a distinctive permanent plate has been issued pursuant to Section 12-37-2860.
(6) firefighting vehicles that are publicly owned by the state or a county, municipality, or special purpose district as follows:
(a) motorized firefighting vehicles that carry a pump or water tank in excess of three hundred gallons;
(b) motorized firefighting vehicles containing a hydraulically operated ladder; and
(c) specialized support vehicles that specifically transport equipment utilized for rescue operations, hazardous materials response, wildfire emergencies, breathing air refill support, and incident command.
SECTION 56-3-130. Exemption of certain boat, farm and other utility trailers.
Boat trailers under twenty-five hundred pounds, farm trailers and other utility trailers which are privately owned and not for hire need not be licensed or registered.
SECTION 56-3-140. Exemption of certain professional racing cars.
Professional racing cars not operated under their own power but towed by another vehicle going to or from a race track need not be registered or licensed.
SECTION 56-3-150. Exemption of certain foreign vehicles of nonresident owners; verification process; penalties.
(A) A foreign privately owned and operated passenger vehicle of a nonresident, otherwise subject to registration and license as provided by this chapter, may be operated within this State without being registered and licensed pursuant to this chapter, subject to the conditions that at all times when operated in this State the vehicle:
(1) is duly registered or licensed in the state, territory, district, or country of residence of the owner; and
(2) has displayed on it a valid registration card and registration or license plate or plates.
(B) The vehicle of a nonresident must be registered and licensed pursuant to this chapter upon the earlier of a nonresident's:
(1) subsequent establishment of domicile in this State; or
(2) operation of the vehicle in this State for an accumulated period exceeding one hundred fifty days.
(C) After receipt of a written inquiry from the auditor of any county in which public records show that a person owns or leases real or personal property in that county, the person who is the owner or operator of a nonregistered vehicle must respond within thirty days with a sworn written statement that:
(1) describes each vehicle owned or operated by him;
(2) details the registration location for each vehicle owned or operated by him;
(3) gives the date each vehicle was first owned or operated by him; and
(4) affirms that he has not established domicile in the county.
(D) The written inquiry by the auditor must be delivered in person or sent by certified letter, return receipt requested, to the nonresident's last known address. Before the auditor may send the written inquiry, the auditor must have received a credible report that a person may own or operate a nonregistered vehicle and that the person also may own or lease real or personal property in the county. The determination regarding whether the report is credible is within the discretion of the auditor.
(E)(1) The penalty for violation of this section is as provided for in Section 12-37-2615, in addition to any other penalties prescribed by law for failure timely to register a vehicle pursuant to this section.
(2) A person who wilfully fails to respond to an inquiry from the county auditor and is subsequently shown to have a nonregistered vehicle, who files a false sworn statement, or who otherwise wilfully violates this section, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both, and must pay twice the amount all personal property taxes properly due and payable on the vehicle, and other vehicles owned now or earlier, if the vehicle had been registered lawfully pursuant to this section, plus penalties and interest.
(F) For purposes of this section, "nonregistered vehicle" means a vehicle that is not registered in South Carolina.
SECTION 56-3-160. Foreign vehicles of resident owners.
Every foreign vehicle moved into this State the owner of which is a resident of this State immediately becomes liable for registration and license under the provisions of this chapter, and for the purpose of this section, the term "resident of this State" shall include every person who moves temporarily or permanently into this State for the purpose of engaging in any business, profession or employment.
SECTION 56-3-170. Reciprocity with respect to the operation of vehicles licensed out of State.
Notwithstanding any provisions of this chapter, the Department of Motor Vehicles may grant to any other state, country, territory or district reciprocity with respect to the operation of any vehicles in this State without being registered and licensed under the provisions of this chapter if such other state, country, territory or district extends under its laws, rules and regulations like privileges to vehicles registered and licensed in this State, subject to the conditions that every such vehicle is at all times, when operated in this State, duly registered or licensed in such state, territory, district or country in accordance with the lawful requirements of such state, country, territory or district and that there is displayed thereon a valid registration card and registration or license plate or plates.
SECTION 56-3-180. Issuance of special permits to move vehicles in emergency; restrictions.
The Department may issue in writing special permits to move vehicles otherwise required to be registered and licensed under this chapter from one place to another in case of emergency when such vehicles do not display the required current license plate or plates or registration cards. No such vehicle shall be entitled to more than one such special permit during any one registration and license year. Every such special permit shall specify the date the vehicle is to be moved and the place from and to which movement is to be made. Every such special permit issued pursuant to this section must be carried on the vehicle so authorized to be moved.
SECTION 56-3-190. Department may register and license vehicles.
The Department of Motor Vehicles may register and license vehicles as required by this chapter upon application being made therefor by the owner and the required fees paid as provided in this chapter.
SECTION 56-3-195. Counties to process vehicle registration and licensing renewals; access to records; department to fund startup costs.
(A) Beginning on July 1, 1994, each county shall mail motor vehicle registration and licensing renewal notices to the owners of vehicles in the county as determined by the Department of Motor Vehicles no later than forty-five days before expiration of the registration. The renewal notices, including the fees upon completion, may be returned to that county which shall transmit the renewal notices to the department for processing and which shall transmit the fees to the appropriate state fund as provided by law within seven days of receipt.
(B) Each county shall have access to the motor vehicle registration and licensing records of the department as applicable to the county in the manner the county and department agree for the purpose of the county performing the functions required in subsection (A).
(C) Counties must not be charged online access network fees for driver and vehicle information.
(D) The department will fund the start-up costs for counties not to exceed a total of one million dollars inclusive to all counties. The start-up cost includes hardware, software, training, and other associated costs all of which must be approved by the department.
SECTION 56-3-200. Certificate of title or application therefor as prerequisite to registration.
Except as otherwise provided for in Chapter 19 of this Title, the Department of Motor Vehicles shall not register or renew the registration of a vehicle unless a certificate of title has been issued by the Department to the owner or an application therefor has been delivered by the owner to the Department.
SECTION 56-3-210. Time period for procuring registration and license; temporary license plates; transfer of license plates.
(A) A person who newly acquires a vehicle or an owner of a foreign vehicle being moved into this State and required to be registered under this chapter, before operating the vehicle on the state's highways during the forty-five day period contained in this section must:
(1) transfer a license plate from another vehicle pursuant to subsection (D) of this section and Section 56-3-1290;
(2) purchase a new license plate and registration;
(3) purchase a temporary license plate from the Department of Motor Vehicles pursuant to subsection (B) of this section;
(4) purchase a temporary license plate from the county auditor's office in the county in which the person resides pursuant to subsection (B) of this section;
(5) obtain a temporary license plate from a dealer of new or used vehicles pursuant to subsection (C) of this section; or
(6) obtain a temporary license plate from the casual seller of the vehicle pursuant to subsection (B) of this section.
(B) The Department of Motor Vehicles or the county auditor's office must, upon proper application, issue a temporary license plate designed by the Department of Motor Vehicles to a casual seller or buyer of a vehicle pursuant to subsection (A) of this section. The county auditor's office may obtain temporary license plates from the Department of Motor Vehicles. If the applicant is a casual buyer of a vehicle, the Department of Motor Vehicles or the county auditor's office must insert clearly and indelibly on the face of the temporary license plate the date of expiration and other information the Department of Motor Vehicles may require. If the applicant is the casual seller of a vehicle, at the time of the sale, he must insert clearly and indelibly on the face of the temporary license plate the date of expiration and other information the Department of Motor Vehicles may require. The expiration date may not extend beyond forty-five days from the vehicle's date of purchase. Neither the casual seller nor the casual buyer may place the temporary license plate on the vehicle until the sale has been completed. The bill of sale, title, rental contract, or a copy of either document must be maintained in the vehicle at all times to verify the vehicle's date of purchase to a law enforcement officer. The bill of sale, title, rental contract, or a copy of either document must provide a description of the vehicle, the name and address of both the seller and purchaser of the vehicle, and its date of sale. A casual seller who issues a temporary license plate or allows a temporary license plate to be issued in violation of this subsection is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars for each occurrence. The Department of Motor Vehicles may charge a five dollar fee for the temporary license plate which the Comptroller General must place into a special restricted account to be used by the Department of Motor Vehicles to defray its expenses associated with the production and issuance of the temporary license plates. The county auditor's office also may charge a five dollar fee for the temporary license plate to defray the expenses of the county auditor's office associated with the production and issuance of the temporary license plates.
(C) A dealer of new or used vehicles may issue to the purchaser of a vehicle at the time of its sale a temporary license plate. The plate must contain the dealer's name, city, and phone number, or the dealer's name and computer website address. The plate also must contain a rectangular box, with a white background, on the bottom of the plate, in dimensions not less than six inches wide and two inches high. The rectangular box must contain, in characters not less than one quarter inch wide and one and one half inches high, the expiration date of the period within which the purchaser must register the vehicle pursuant to subsection (E) of this section. The expiration date must be clearly legible from a distance of at least twenty-five feet, written using a permanent black marker with at least a one quarter inch wide tip, and must contain a numerical month, day, and year. The expiration date may not extend beyond forty-five days from the date of purchase. The temporary license plate must be made of heavy stock paper or plastic, and designed to resist deterioration or fading from exposure to the elements during the period for which display is required. The bill of sale, title, rental contract, or a copy of either document must be maintained in the vehicle at all times to verify the vehicle's date of purchase to a law enforcement officer. The bill of sale, title, rental contract, or a copy of either document must contain a description of the vehicle, the name and address of both the seller and purchaser of the vehicle, and its date of sale. Except as provided for in this section, a dealer may not use a temporary license plate for any other purpose, which includes, but is not limited to, vehicle demonstration, employee use, or transporting vehicles from one location to another location. A dealer may not place a temporary license plate on a vehicle, regardless of whether the expiration date has been written on the plate, until the vehicle is sold to a purchaser. A person who issues or uses a temporary license plate or allows a temporary license plate to be issued or used in violation of this section is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars for each occurrence.
(D) If a person intends to transfer a license plate from one vehicle to another vehicle, he may place the license plate to be transferred on the newly acquired vehicle on the date of its purchase. The bill of sale and a copy of the registration which corresponds to the license plate must be maintained in the newly acquired vehicle at all times to verify its date of purchase to a law enforcement officer. The purchaser must register the vehicle with the Department of Motor Vehicles within forty-five days from its purchase date. A person who transfers a license plate or allows a license plate to be transferred in violation of this subsection is subject to the vehicle registration and licensing provisions of law.
(E) A person must replace a temporary license plate issued pursuant to this section with a permanent license plate and registration card as required by Section 56-3-110 within forty-five days of acquiring the vehicle or moving a foreign vehicle into this State. A person who operates a vehicle in violation of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars.
(F) Nothing in this section may be construed to displace or effect the responsibility of a person to obtain insurance before operating a vehicle.
(G) Only one temporary license plate shall be issued to a purchaser of a vehicle for the vehicle he has purchased before it is registered permanently.
SECTION 56-3-215. Temporary permits authorized for out-of-state registered farm trucks harvesting and transporting seasonal crops in state.
The Department of Motor Vehicles shall be authorized to issue special permits to owners of farm trucks registered and licensed in another state which special permits shall authorize the operation of such trucks in this State for a period of forty-five days without the requirement that such trucks be registered and licensed in this State.
Trucks eligible for these special permits shall be those which are brought into this State on a short-term temporary basis for the sole purpose of harvesting and transporting seasonal crops to other locations both within and without South Carolina. The Department in its sole discretion shall determine what farm trucks qualify for these special permits and may require such proof as it deems necessary of the usage of trucks to which special permits shall apply.
The Department shall prescribe the form of such permit (including the permit application) and shall be displayed or kept in the truck at all times during the exemption period. The Department shall not issue a special permit to any owner unless he first furnishes evidence of motor vehicle liability insurance in at least the minimum amounts required by law in South Carolina. The fee for each permit shall be one-tenth of the annual fee required for trucks of the same weight. Only one permit for a particular truck shall be issued in any one calendar year.
The Department shall promulgate such regulations as may be necessary to implement the provisions of this section.
SECTION 56-3-230. Application for registration and license.
Every owner of a vehicle subject to registration and for which a license is required shall make application to the Department of Motor Vehicles for the registration and licensing of the vehicle upon the appropriate forms furnished by the department. Every application must bear the signature of the owner.
SECTION 56-3-240. Contents of application.
Every such application shall contain:
(1) The name, bona fide residence and mail address of the owner or business address of the owner if a firm, association or corporation and the county, municipality, if applicable, and school district in which the applicant resides;
(2) A description of the vehicle including insofar as such data may exist with respect to a given vehicle, the make, model, type of body, number of cylinders, serial number and engine or other number of the vehicle, whether the vehicle is new or used and the date of sale by the manufacturer or dealer to the person intending to operate such a vehicle and, in the event a vehicle is designed, constructed, converted or rebuilt for the transportation of property, a statement of the load capacity for which it is to be registered;
(3) Such further information as may reasonably be required by the Department of Motor Vehicles to enable it to determine whether the vehicle is lawfully entitled to registration and licensing;
(4) In addition to the information required by item (2), whenever the application is for a motor vehicle which has been transferred from a previous registrant to the applicant, the applicant will complete the odometer disclosure statement on the application which shall be in compliance with federal guidelines and as prescribed by the department.
(5) In addition to other registration requirements the department shall collect a federal employer identification number or social security number when a vehicle is registered with a gross vehicle weight of more than twenty-six thousand pounds or as a bus common carrier.
Additionally, for a commercial motor vehicle with a gross weight of more than twenty-six thousand pounds that operates with an apportioned license plate, the department must be provided:
(a) the United States Department of Transportation Number of the registrant and motor carrier; and
(b) a completed MCS-150 form from the registrant.
SECTION 56-3-250. Statement certifying payment of county and municipal taxes and address shall accompany application; exceptions.
No vehicle shall be registered and licensed by the Department of Motor Vehicles unless a signed statement accompanies the application certifying that all county and municipal taxes legally due by the applicant on the vehicle concerned have been paid and if such vehicle is legally subject to being returned by the applicant for county and municipal taxes such return has been made; that the applicant is not delinquent in the payment of any motor vehicle taxes in this State, and that the address and county shown on the application for license is the true legal residence of the applicant. A transfer between members of the same family shall not, for the purpose of this section, be considered a bona fide purchase. Any person falsely certifying as required in this section shall have his driver's license suspended for a period of six months.
The provisions of this section shall not apply to any citizen of this State on active duty with the Armed Forces of the United States when the vehicle to be registered and licensed is operated for more than six months each year outside the boundaries of this State, nor to any motor vehicle subject to assessment for ad valorem tax purposes by the State Tax Commission.
SECTION 56-3-253. Establishment of biennial registration periods.
(A) Vehicles required by Chapter 3 of Title 56 to be registered biennially must be assigned registration periods as provided in this section.
(1) Upon the first reregistration of the vehicles by the Department of Motor Vehicles after the effective date of the implementation of biennial licensure, a biennial registration period must be implemented as follows:
(a) Vehicles whose license plates end in:
(i) an even number and expire between July 1, 1993, and December 31, 1993, shall obtain a biennial registration;
(ii) an even number and expire between January 1, 1994, and June 30, 1994, shall reregister their vehicles for one year. At the end of this time they shall reregister their vehicles for two years and biennially after that time;
(iii) an odd number and expire between July 1, 1993, and December 31, 1993, shall register their vehicles for one year. At the end of that time they shall reregister their vehicles for two years and biennially after that time;
(iv) an odd number and expire between January 1, 1994, and June 30, 1994, shall obtain a biennial registration;
(v) all special license plates must obtain a biennial registration upon renewal, except that official plates such as Legislative, Judicial, Commission, and Congressional must be renewed annually for one-half the biennial fee.
(2) Registrations are valid until the last day of the month in which the registration expires.
(B) After June 30, 1994, vehicles must be registered and licensed for twenty-four consecutive months, and registrations expire the last day of the month. The registration and license must be renewed biennially upon application by the owner and payment of fees required by law to take effect on the first day of the month following the expiration of the registration and license to be renewed. This section does not prevent the department from refusing to license a vehicle.
(C) The department shall not issue a refund of the biennial registration fee to a person who has paid the fee and moves out of the State during the biennial registration period.
SECTION 56-3-255. Requirement of evidence of payment of federal use tax.
The Department of Motor Vehicles shall require evidence of the payment of the use tax imposed by Section 4481 of the Internal Revenue Code of 1954 prior to issuing vehicle registration and plates for those vehicles for which the taxes are required.
SECTION 56-3-350. Grounds for refusing to register and license or transfer registration of vehicle.
The Department of Motor Vehicles shall refuse to register and license or transfer registration upon one or more of the following grounds:
(1) The application contains a false or fraudulent statement or the applicant has not furnished required information or reasonable additional information requested by the department.
(2) The vehicle is mechanically unfit or unsafe to be operated or moved upon the highways.
(3) The department has reasonable ground to believe the vehicle is stolen or the registration and licensing or transfer is a fraud against the rightful owner of the vehicle.
(4) The registration and license of the vehicle is canceled, suspended, or revoked as provided in this chapter or other motor vehicle laws of this State.
(5) The required fee has not been paid.
(6) For a vehicle purchased outside this State, satisfactory evidence of payment of the South Carolina use tax has not been presented.
SECTION 56-3-355. Suspension or revocation of commercial vehicle registration card and license plate; reinstatement; fees.
The Department of Motor Vehicles must suspend, revoke, or not issue a registration card and license plate to a person for a commercial motor vehicle greater than twenty-six thousand pounds which operates with an apportioned license plate if the commercial motor carrier who is responsible for the safety of the vehicle has been prohibited from operating by a federal agency. The registrant must promptly surrender to the department any item suspended or revoked under this section. If the registrant unlawfully refuses to surrender the suspended or revoked items as required under this section, the department, through its designated agents or by request to a county or municipal law enforcement agency, shall take possession of the suspended or revoked license plate and registration card. A registration card or license plate may not be reissued for that vehicle until the motor carrier has been allowed to operate by a federal agency or the vehicle is properly transferred to a motor carrier that is not prohibited from operating by a federal agency. Before a suspended vehicle registration card can be reinstated, a fee of fifty dollars for each registration card suspension must be paid to the department. The fifty dollar fee must be placed in a special restricted account by the Comptroller General to be used by the department to offset the expenses of administering the Performance and Registration Information Systems Management Program.
SECTION 56-3-360. Suspension of registration of vehicle reported stolen or converted.
The Department of Motor Vehicles may suspend the registration of a vehicle whose theft or conversion is reported to it pursuant to Section 56-19-810 or Section 56-19-820.
SECTION 56-3-376. Establishment of system of registration of motor vehicles on monthly basis; assignment of annual registration periods.
All vehicles except those vehicles designated in Section 56-3-780 are designated as distinct classifications and must be assigned an annual registration period as follows:
Classification (1). Vehicles for which the biennial registration fee is one-hundred sixty dollars or more. The Department of Motor Vehicles may register and license a vehicle for which the biennial registration fee is one-hundred sixty dollars or more or for a semiannual or one-half year upon application to the department by the owner and the payment of one-fourth of the specified biennial fee. Biennial registrations and licenses expire at midnight on the last day of the twenty-fourth month for the period for which they were issued. Semiannual or half-year registrations and licenses expire at midnight of the sixth month for the period for which they were issued and no person shall drive, move, or operate a vehicle upon a highway after the expiration of the registration and license until the vehicle is registered and licensed for the then current period. Trucks, truck tractors, or road tractors with an empty or unloaded weight of over five thousand pounds or less, or gross vehicle weight of eight thousand pounds or less also must be placed in this classification but may not be registered for less than a full biennial period.
Classification (2). Other vehicles. All other vehicles except those vehicles described in classification (1) of this section are assigned a staggered biennial registration which expires on the last day of the month for the period for which they were issued.
Notwithstanding the registration periods provided in this section, upon appropriate notice, the department may revise the established renewal dates to allow renewals to be assigned an expiration date pursuant to a staggered monthly basis.
SECTION 56-3-377. Vehicles to be assigned biennial registration period; expiration twenty-four months from month of issuance.
All vehicles described in Section 56-3-210 must be assigned a biennial registration period which expires twenty-four months from the month in which the registration first was issued.
SECTION 56-3-378. Establishment of system of registration of motor vehicles on monthly basis; issuance of registration and license plate for period of five years.
The Department of Motor Vehicles may issue at the request of the owner of a vehicle as defined in Section 56-3-700 of the 1976 Code a registration and license plate for a registration period of five years if the required five-year registration and license fee is paid to the department. The transfer of registration and license plates for vehicles in this classification shall be as provided in Sections 56-3-1260, 56-3-1270, 56-3-1280, 56-3-1290 and 56-3-1300. The department shall require the vehicle owner to remit any additional registration fee if an increase in the registration fee is subsequently enacted. The failure of an owner to pay such fee shall result in the cancellation of the registration and license plate.
SECTION 56-3-385. Extension of deadline where last day for obtaining license plate or renewal sticker falls on Saturday, Sunday or holiday.
When the last day of a month on which a person may obtain his biennial motor vehicle license plate or renewal sticker without penalty falls on a Saturday, Sunday, or state holiday, the person has until the end of the next working day immediately following that Saturday, Sunday, or state holiday to obtain his license plate or renewal sticker without penalty.
SECTION 56-3-390. Penalties for fraudulent applications and misrepresentation of facts.
Any person who (a) fraudulently uses or gives a false or fictitious name or address in any application required to be made under this chapter except for registration, (b) knowingly makes a false statement in any such application or (c) knowingly conceals a material fact in any such application shall be guilty of a misdemeanor and shall upon conviction be punished as herein provided. Any person who shall operate or any owner who shall permit the operation or movement of any vehicle registered and licensed under a violation of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished as herein provided.
SECTION 56-3-400. Reciprocity in registration and licensing of automobile utility trailers; "automobile utility trailer" defined.
The term "automobile utility trailer" when used in Sections 56-3-400 to 56-3-420 shall mean and include any trailers suitable for towing by a private passenger automobile, the use of which is confined to the private hauling of personal property for intrastate or interstate use, or combined intrastate and interstate use. The term "automobile utility trailer" shall not include trailers or semitrailers rented or leased to any person for use by such lessee in the furtherance of or as an incident to any commercial or industrial enterprise in interstate commerce or for the use in connection with any business or occupation carried on in interstate commerce by the lessee.
SECTION 56-3-410. Reciprocity in registration and licensing of automobile utility trailers; procedures; extension of registration.
For the purpose of interstate and combined interstate and intrastate reciprocity provisions of Sections 56-3-400 to 56-3-420, automobile utility trailers shall be extended full reciprocity, provided that every person who owns automobile utility trailers within this State and who is engaged in the business of leasing such trailers for use in interstate, intrastate or combined interstate and intrastate commerce (a) registers and licenses all automobile utility trailers owned by him in the state wherein the owner actually resides and such state affords equal recognition, either in fact or in law, to such trailers licensed in this State or (b) registers and licenses in this State the average number of automobile utility trailers operated in and through this State during the licensing year. In such instances, the person shall register with the Department of Motor Vehicles the fact that he is engaged in such business and shall file data in such form and verified in such manner as shall be required by the Department, estimating the average number of automobile utility trailers he leases for operation in and through the State during the licensing year. The Department shall then determine the average number of such trailers operated in and through this State during the licensing year and such determination shall be final. Upon payment of the fee required by Section 56-3-130, the Department shall, subject to the provisions of Section 56-3-420, issue registration certificates and license plates for the average number of such automobile utility trailers as above determined and that number of trailers shall display the license plates. Thereafter, all trailers properly identified and licensed in any state, territory, province, country or the District of Columbia and belonging to such person shall be permitted to operate in this State on an interstate, intrastate or combined interstate and intrastate basis; provided, that such trailers are towed by private passenger cars duly registered and licensed in this State or in another state and legally operated in this State under the reciprocity laws of this State.
SECTION 56-3-430. Cities between 55,000 and 70,000 shall not require local licenses or charge inspection or registration fees.
It shall be unlawful for any city of this State having a population of fifty-five thousand or more but less than seventy thousand directly or indirectly to require any license, registration plate or other identification tag of or for motor-driven vehicles other than required by the laws of the State relating to motor vehicles or to charge or accept any fee or compensation for the inspection or registration of any motor-driven vehicle.
SECTION 56-3-440. Cities of 70,000 or more may require local license.
Cities having a population of seventy thousand or more may require the annual registration with the city treasurer of all motor vehicles owned by residents of such cities and may issue annually a sticker, seal, card or a plate of metal or other material without fee or charge, as evidence of such registration, and require its attachment to, and its display upon, such vehicles. Such cities may also require as a condition precedent to such registration the payment of any city taxes then due and payable thereon and may provide by ordinance that the operation on the streets of such cities of any such motor vehicle without the attachment and display thereon of such sticker, seal, card or plate shall be unlawful and impose a penalty for the violation of such ordinance not exceeding a fine of one hundred dollars or imprisonment for not more than thirty days.
ARTICLE 4.
RELEASE OF LICENSING AND REGISTRATION INFORMATION
SECTION 56-3-510. Forms.
Department of Motor Vehicles records relating to the registration and licensing of motor vehicles must be released only as provided in this article. A person who requests registration and licensing information must submit the request on a form provided by the department. A completed form must:
(1) contain the name and address of the person making the request, the date of the request, the reason for the request, and a statement certifying that the information requested will not be used for a purpose related to telephone marketing or telephone solicitation; and
(2) be signed by the person making the request.
SECTION 56-3-520. Retention of forms.
(A) The Department of Motor Vehicles must retain a request made pursuant to Section 56-3-510 for five years from the date of its submission.
(B) Upon a person's written request, the department must release a copy of all request forms relating to the person's records.
SECTION 56-3-530. Fees.
The Department of Motor Vehicles may charge a fee for releasing information pursuant to this article. The department must promulgate regulations:
(1) providing a procedure whereby persons making repetitive requests may maintain an account with the department for the payment of fees incurred in the production of requested records;
(2) providing a procedure for electronic processing of requests; and
(3) providing for appropriate security measures to ensure that records are released only to the person identified as making the request.
SECTION 56-3-540. Use of records; opt-out from surveys, marketing and solicitations.
The Department of Motor Vehicles shall implement methods and procedures to ensure that:
(1) individuals are provided an opportunity, in a clear and conspicuous manner, to opt-out and prohibit the use of motor vehicle record information about them for distribution for surveys, marketing, and solicitations; and
(2) surveys, marketing, and solicitations will not be directed at those individuals who have requested in a timely fashion that they not be directed at them.
SECTION 56-3-545. Sale of Social Security number or driver's license photograph or signature.
The Department of Motor Vehicles may not sell, provide, or otherwise furnish to a private party Social Security numbers, copies of photographs, or signatures, whether digitized or not, taken for the purpose of a driver's license or personal identification card. A Social Security number, photograph, signature, or digitized image from a driver's license or personal identification card is not a public record.
ARTICLE 5.
REGISTRATION AND LICENSE FEES
SECTION 56-3-610. Biennial payment of registration and license fees required.
The owner of every motor vehicle, trailer, semitrailer, pole trailer, and special mobile equipment vehicle required to be registered and licensed under this chapter shall pay to the Department of Motor Vehicles at the time of registering and licensing the vehicle and biennially after that time registration and license fees as set forth in this article.
SECTION 56-3-620. Fees for handicapped persons or persons of certain ages for private passenger motor vehicle and property-carrying vehicles weighing six thousand pounds or less.
(A) For persons sixty-five years of age or older or persons who are handicapped, as defined in Section 56-3-1950, the biennial registration fee for every private passenger motor vehicle, excluding trucks, is twenty dollars.
(B) Beginning July 1, 1987, for persons under the age of sixty-five years the biennial registration fee for every private passenger motor vehicle, excluding trucks, is twenty-four dollars.
(C) For persons sixty-five years of age or older, the biennial registration fee for a property-carrying vehicle with a gross weight of six thousand pounds or less is thirty dollars.
(D) For persons who are sixty-four years of age, the biennial registration fee for a private passenger motor vehicle, excluding trucks, is twenty-two dollars.
(E) Applicable truck fees, established by Section 56-3-660, are not negated by this section.
(F) Annual license plate validation stickers which are issued for nonpermanent license plates on certified South Carolina public law enforcement vehicles must be issued without charge.
SECTION 56-3-625. Expenditure of revenue derived from fee increases.
The amount of revenue derived from the fee increases established in Section 42, Part II, 1986 Act 540 which exceeds the revenue generated pursuant to Sections 56-3-620, 56-3-760, and 56-19-420 of the 1976 Code prior to July 1, 1986 shall be expended by the Department of Transportation to improve access routes to distressed and impacted areas of the State.
SECTION 56-3-630. Vehicles classified as passenger motor vehicles.
The Department of Motor Vehicles shall classify as a private passenger motor vehicle every motor vehicle which is designed, used, and maintained for the transportation of ten or fewer persons and trucks having an empty weight of nine thousand pounds or less and a gross weight of eleven thousand pounds or less, except a motorcycle, motorcycle three-wheel vehicle, or motor-driven cycle. The department shall classify a three-wheel vehicle by the manufacturers statement of origin for the vehicles initial registration. For subsequent registration, the department shall classify the three-wheel vehicle by its title document. This section does not relieve or negate any applicable fees required under Section 56-3-660.
SECTION 56-3-640. Fees for common carrier passenger vehicles; vehicles so classified; determining vehicle weight.
(A) For every common carrier passenger vehicle the biennial registration and license fee is according to weight:
(1) not over 2000 pounds: $18.00;
(2) 2001 to 2500 pounds: $24.00;
(3) 2501 to 3000 pounds: $30.00;
(4) 3001 to 3500 pounds: $36.00;
(5) 3501 to 4000 pounds: $42.00;
(6) 4001 to 4500 pounds: $48.00;
(7) 4501 to 5000 pounds: $54.00;
(8) over 5000 pounds: $54.00 plus $6.00 for each 500 pounds' weight or fraction over 5000 pounds.
(B) The Department of Motor Vehicles must include in this classification every motor vehicle, trailer, or semitrailer designed, used, or maintained for the transportation of persons for compensation as a regular business. This classification does not include a trackless trolley bus.
(C) The manufacturer's rating on the weight of a vehicle must be accepted as the weight of the vehicle for the purpose of fixing the license fee under this section.
SECTION 56-3-650. Optional fees for bus companies operating in interstate and intrastate commerce; computation; retention of records; display of license plates.
In order for inter-city bus companies operating fleets both in inter and intra state commerce in South Carolina to more efficiently dispatch individual buses in such fleets from one state to another, any such inter-city bus company operating a fleet of ten or more buses of thirty or more passenger capacity each may comply with the license requirements of this chapter by paying an in lieu license fee to the Department of Motor Vehicles. Such fee shall be an amount equivalent to an annual fee of two hundred dollars per bus, with the number of buses or fractions thereof determined by dividing the company's total bus travel mileage in this State in any one license year by forty thousand miles. Such an inter-city bus company shall declare at the beginning of each license year prior to May first respectively of each year the mileage its fleet operated in this State during the preceding calendar year, and shall pay to the department a total annual license fee for all such buses computed in accordance with this section. Any bus company licensed pursuant to this section must retain and hold, subject to audit by the department, for a period of at least four years all records used in computing the total mileage operated in the State during each calendar year. Bus companies electing to license under this provision shall not be required to display license plates as otherwise required by this chapter on the buses operated in South Carolina, but they shall have the option of displaying license plates on buses where such license plates are specifically identified with specific buses.
SECTION 56-3-660. Fees for self-propelled property carrying vehicles; determination of vehicle gross weight; registration of apportionable vehicle for payment of one-half of State's portion of license fee.
(A) The determination of gross vehicle weight to register and license self-propelled property carrying vehicles is the empty weight of the vehicle or combination of vehicles and the heaviest load to be transported by the vehicle or combination of vehicles as declared by the registered owner. All determinations of weight must be made in units of one thousand pounds or major fraction of one thousand pounds. The declared gross vehicle weight applies to all self-propelled property carrying vehicles operating in tandem with trailers or semitrailers except that the gross weight of a trailer or semitrailer is not required to be included when the operation is to be in tandem with a self-propelled property carrying vehicle licensed for six thousand pounds or less gross weight, and the gross vehicle weight of the combination does not exceed nine thousand pounds. The Department of Motor Vehicles may register and license a vehicle of this classification for which the biennial registration and license fee is one-hundred and sixty dollars or more for an annual or one-year period beginning on April first and ending on March thirty-first of the next year upon application to the department by the owner and the payment of one-half the specified biennial fee or for a semiannual or one-half year beginning on April first and ending on September thirtieth of the same year upon application to the department by the owner and the payment of the appropriate fees. The registration and license fee for vehicles in this classification which are registered for the remaining twenty-four months or less of the twenty-four month biennial period or for the eleven months or less of the twelve-month year ending on March thirty-first or the remaining five months or less for the one-half period ending on September thirtieth is the proportionate part of the specified biennial fee for the remainder of the twenty-four month period or year or one-half year based on one twenty-fourth of the specified twenty-four-month fee for each month or part of a month remaining in the biennial registration period or license year or one-half year. No proportionate fee may be reduced lower than ten dollars. A person making application for a registration and license for a motor vehicle of this classification shall declare the true unloaded or empty weight of the vehicle.
(B) The biennial fees for the gross vehicle weight are :
(1) not over 4,000 pounds: $ 30.00;
(2) 4,001 to 5,000 pounds: $ 40.00;
(3) 5,001 to 6,000 pounds: $ 60.00;
(4) 6,001 to 7,000 pounds: $ 70.00;
(5) 7,001 to 8,000 pounds: $ 80.00;
(6) 8,001 to 9,000 pounds: $ 90.00;
(7) 9,001 to 10,000 pounds: $ 100.00;
(8) 10,001 to 11,000 pounds: $ 110.00;
(9) 11,001 to 12,000 pounds: $ 120.00;
(10) 12,001 to 13,000 pounds: $ 130.00;
(11) 13,001 to 14,000 pounds: $ 140.00;
(12) 14,001 to 15,000 pounds: $ 150.00;
(13) 15,001 to 16,000 pounds: $ 184.00;
(14) 16,001 to 17,000 pounds: $ 195.50;
(15) 17,001 to 18,000 pounds: $ 207.00;
(16) 18,001 to 19,000 pounds: $ 218.50;
(17) 19,001 to 20,000 pounds: $ 260.00;
(18) 20,001 to 21,000 pounds: $ 273.00;
(19) 21,001 to 22,000 pounds: $ 308.00;
(20) 22,001 to 23,000 pounds: $ 322.00;
(21) 23,001 to 24,000 pounds: $ 360.00;
(22) 24,001 to 25,000 pounds: $ 375.00;
(23) 25,001 to 26,000 pounds: $ 392.00;
(24) 26,001 to 27,000 pounds: $ 408.00;
(25) 27,001 to 28,000 pounds: $ 424.00;
(26) 28,001 to 29,000 pounds: $ 438.00;
(27) 29,001 to 30,000 pounds: $ 452.00;
(28) 30,001 to 31,000 pounds: $ 468.00;
(29) 31,001 to 32,000 pounds: $ 482.00;
(30) 32,001 to 33,000 pounds: $ 498.00;
(31) 33,001 to 34,000 pounds: $ 514.00;
(32) 34,001 to 35,000 pounds: $ 528.00;
(33) 35,001 to 36,000 pounds: $ 544.00;
(34) 36,001 to 37,000 pounds: $ 558.00;
(35) 37,001 to 38,000 pounds: $ 572.00;
(36) 38,001 to 39,000 pounds: $ 588.00;
(37) 39,001 to 40,000 pounds: $ 604.00;
(38) 40,001 to 41,000 pounds: $ 616.00;
(39) 41,001 to 42,000 pounds: $ 634.00;
(40) 42,001 to 43,000 pounds: $ 650.00;
(41) 43,001 to 44,000 pounds: $ 664.00;
(42) 44,001 to 45,000 pounds: $ 680.00;
(43) 45,001 to 46,000 pounds; $ 694.00;
(44) 46,001 to 47,000 pounds: $ 708.00;
(45) 47,001 to 48,000 pounds: $ 724.00;
(46) 48,001 to 49,000 pounds: $ 740.00;
(47) 49,001 to 50,000 pounds: $ 754.00;
(48) 50,001 to 51,000 pounds: $ 770.00;
(49) 51,001 to 52,000 pounds: $ 784.00;
(50) 52,001 to 53,000 pounds: $ 800.00;
(51) 53,001 to 54,000 pounds: $ 814.00;
(52) 54,001 to 55,000 pounds: $ 830.00;
(53) 55,001 to 56,000 pounds: $ 844.00;
(54) 56,001 to 57,000 pounds: $ 860.00;
(55) 57,001 to 58,000 pounds: $ 876.00;
(56) 58,001 to 59,000 pounds: $ 890.00;
(57) 59,001 to 60,000 pounds: $ 906.00;
(58) 60,001 to 61,000 pounds: $ 920.00;
(59) 61,001 to 62,000 pounds: $ 934.00;
(60) 62,001 to 63,000 pounds: $ 950.00;
(61) 63,001 to 64,000 pounds: $ 964.00;
(62) 64,001 to 65,000 pounds: $ 1,132.00;
(63) 65,001 to 66,000 pounds: $ 1,148.00;
(64) 66,001 to 67,000 pounds: $ 1,166.00;
(65) 67,001 to 68,000 pounds: $ 1,182.00;
(66) 68,001 to 69,000 pounds: $ 1,200.00;
(67) 69,001 to 70,000 pounds: $ 1,218.00;
(68) 70,001 to 71,000 pounds: $ 1,236.00;
(69) 71,001 to 72,000 pounds: $ 1,336.00;
(70) 72,001 to 72,000 pounds: $ 1,354.00;
(71) 73,001 to 74,000 pounds: $ 1,374.00;
(72) 74,001 to 75,000 pounds: $ 1,392.00;
(73) 75,001 to 76,000 pounds: $ 1,410.00;
(74) 76,001 to 77,000 pounds: $ 1,516.00;
(75) 77,001 to 78,000 pounds: $ 1,538.00;
(76) 78,001 to 79,000 pounds: $ 1,558.00;
(77) 79,001 to 80,000 pounds: $ 1,600.00;
No vehicle in excess of 80,000 pounds will be registered.
(C) Notwithstanding other provisions of this chapter, the department may enter into agreement with other states in a registration and license reciprocal agreement known as the international registration plan and the registration and license required in this section may be apportioned for vehicles which qualify and are licensed in accordance with the provisions of the plan.
(D) A vehicle registered in this State and found to be operating in excess of the gross vehicle weight for which it is currently registered may be impounded by the department until all registration fees, permit fees, or penalties are paid or satisfactory arrangements for payment of the fees and/or penalties to the department have been made.
(E) The department may register an apportionable vehicle for the payment of one-half of this State's portion of the license fee for a vehicle whose portion owed to this State exceeds eight hundred dollars. The department may require any information necessary to complete the transaction.
(F) Upon evidence of reliability in the payment of its obligations, the department may accept the check of a motor carrier company in payment of applicable fees and assessments.
SECTION 56-3-661. Certification requirements; insurance requirements.
No for-hire motor vehicle carrier of property, except carriers of household goods or hazardous waste for disposal, may operate in this State without having applied for and received a Class E Certificate of Compliance from the Department of Motor Vehicles. A one-time fee of twenty-five dollars may be charged each company for each certificate issued.
The applicant must provide evidence of meeting the financial responsibilities or insurance requirements, satisfy compliance requirements of the United States Department of Transportation motor carrier safety and hazardous materials regulations before issuance, and continually satisfy these requirements or certification may be suspended, revoked, or placed in a probationary status.
The Department of Motor Vehicles is authorized to promulgate regulations to implement these responsibilities.
The holder of a Class E Certificate may be eligible for exceptions provided by Sections 58-23-620 and 44-96-160(W)(1).
SECTION 56-3-662. Identifier fees; administration and enforcement funding.
The Department of Motor Vehicles shall charge a fee of five dollars for each identifier. The five-dollar identifier fee must be remitted to the general fund. The Department of Motor Vehicles may promulgate regulations pursuant to this section. The five-dollar fee collected pursuant to this section must be placed in a specia