Title 56 - Motor Vehicles
CHAPTER 3
Motor Vehicle Registration and Licensing
DISPOSITION TABLE
Showing where the sections in Articles 7, 8, 14, 15, 16, 33, 38, 43, 53, 55, 56, 63, 68, 74, 84, 88, 99, 101, 102, 103, 104, 106, 107, 110, 111, 112, 115, 116, 117, 129, 131, 132, 143, and 144 of Chapter 3, Title 56 were recodified, effective May 6, 2022.
Former
SectionNew
Section56-3-111056-3-1494056-3-112056-3-14940, 56-3-14980(A)(2)56-3-1130repealed56-3-115056-3-14930(3)56-3-175056-3-14970(12)-(16)56-3-1760repealed56-3-1770repealed56-3-1780repealed56-3-181056-3-14970(A)(9)-(10)56-3-181556-3-14970(A)(18)56-3-1820repealed56-3-1830repealed56-3-1840repealed56-3-185056-3-14910(A)(1)-(3)56-3-185556-3-14910(D)56-3-1860repealed56-3-1870repealed56-3-1880repealed56-3-331056-3-14930(A)(4)-(5)56-3-3320repealed56-3-3330repealed56-3-3340repealed56-3-380056-3-14980(A)(3)56-3-431056-3-14970(A)(17)56-3-4320repealed56-3-4330repealed56-3-4340repealed56-3-535056-3-14950(A)(3)56-3-591056-3-14950(A)(2)56-3-5920repealed56-3-5930repealed56-3-5940repealed56-3-5950repealed56-3-600056-3-14970(A)(4)-(8)56-3-7310repealed56-3-736056-3-14950(A)(4)56-3-778056-3-14950(A)(5)56-3-830056-3-14980(A)(6)56-3-880056-3-14950(A)(1)56-3-991056-3-14930(A)(1)-(2)56-3-1011056-3-14950(A)(6)56-3-1021056-3-14950(A)(8)56-3-1031056-3-14950(A)(7)56-3-1041056-3-14970(A)(1)-(3)56-3-1061056-3-14910(A)(8)56-3-1071056-3-14910(A)(9), 56-3-14960(A)(2)56-3-1101056-3-14980(A)(7)56-3-11110repealed56-3-1121056-3-14920(A)(1)-(5)56-3-1151056-3-14910(A)(4)-(6)56-3-11610repealed56-3-11710repealed56-3-12910repealed56-3-1311056-3-14940(A)56-3-1321056-3-14920(A)(6)56-3-1431056-3-14920(A)(8)56-3-14320repealed56-3-14330repealed56-3-14340repealed56-3-1441056-3-14920(A)(8)
ARTICLE 1
Short Title; Definitions
This chapter shall be known and cited as the "South Carolina Motor Vehicle Registration and Licensing Act."
HISTORY: 1962 Code Section 46-1; 1952 Code Section 46-1; 1949 (46) 342.
For purposes of this chapter, the following words and phrases are defined as follows:
(1) Reserved.
(2) Reserved.
(3) Reserved.
(4) Reserved.
(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, ditch-digging 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) Reserved.
(23) "Dealer" or "motor vehicle dealer" means both "dealer" and "wholesaler" as defined in Chapter 15 of this title.
(24) Reserved.
(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) Reserved.
(30) Reserved.
(31) Reserved.
HISTORY: 1962 Code Section 46-2; 1952 Code Section 46-2; 1949 (46) 342; 1980 Act No. 385, Section 1; 1983 Act No. 118 Sections 1, 2; 1986 Act No. 528, Sections 3, 4; 1992 Act No. 486, Sections 6, 7; 1993 Act No. 181, Section 1358; 1996 Act No. 459, Section 246A; 2000 Act No. 375, Section 3; 2017 Act No. 34 (S.444), Sections 4, 5, eff November 10, 2017; 2017 Act No. 89 (H.3247), Section 12, eff November 19, 2018.
Code Commissioner's Note
At the direction of the Code Commissioner, the amendments made by 2017 Act No. 34 and 2017 Act No. 89 were read together.
Effect of Amendment
2017 Act No. 34, Section 4, reserved (30), which related to the definition of "automotive three-wheel vehicle".
2017 Act No. 34, Section 5, reserved (31), which related to the definition of "motorcycle three-wheel vehicle".
2017 Act No. 89, Section 12, reserved (1) to (4), which had related to the definitions of "vehicle", "motor vehicle", "motorcycle", and "motor-driven cycle"; reserved (22), which had related to the definition of "nonresident"; reserved (24), which had been deleted; reserved (29), which had related to the definition of "moped"; and made a nonsubstantive change.
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.
HISTORY: 1962 Code Section 46-11; 1952 Code Section 46-11; 1949 (46) 342.
SECTION 56-3-115. Deaf or hard of hearing notation added to a motor vehicle registration.
The Department of Motor Vehicles may add a notation to a private passenger-carrying motor vehicle registration to indicate that the driver may be deaf or hard of hearing. The application for this special motor vehicle registration notation must include an original certificate from a licensed physician, as defined in Section 40-47-20, or licensed audiologist, as defined in Section 40-67-220, that certifies that the applicant has a permanent, uncorrectable hearing loss of forty decibels or more in one or both ears. The "deaf or hard of hearing" notation would only appear when a law enforcement check is run on the vehicle's license plate through the department's online interface with law enforcement to alert the officer that the driver may be deaf or hard of hearing.
HISTORY: 2020 Act No. 125 (H.3357), Section 1, eff March 24, 2021.
Code Commissioner's Note
At the direction of the Code Commissioner, the reference in the second sentence to Section 40-47-5 was corrected to reference Section 40-47-20.
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 commonly used in combination with a large commercial motor vehicle, as defined in Section 12-37-2810, for which trailer or semitrailer the fee imposed pursuant to Section 12-37-2860 is paid and applicable registration requirements provided pursuant to Article 23, Chapter 37, Title 12, are met, 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.
HISTORY: 1962 Code Section 46-12; 1952 Code Section 46-12; 1949 (46) 342; 1996 Act No. 425, Section 2; 1997 Act No. 125, Section 1I; 2000 Act No. 375, Section 4; 2002 Act No. 348, Section 6; 2017 Act No. 40 (H.3516), Section 8.C, eff January 1, 2019.
Editor's Note
2017 Act No. 40, Sections 8.L, 8.M, provide as follows:
"L. (1) Notwithstanding any provision to the contrary within this SECTION, a person who registers a vehicle for use in this State pursuant to Article 23, Chapter 37, Title 12, as amended by this act, must register his vehicle during calendar year 2019 and is required to pay the road fees calculated based on the fair market value of the vehicle as specified in Sections 12-37-2820 and 12-37-2850 at the time the vehicle's registration fees are paid.
"(2) Notwithstanding the provisions in Section 12-37-2865(B) and (C), as contained in this SECTION, to the contrary, during calendar year 2019, the first four hundred thousand dollars of fee revenue collected pursuant to Section 12-37-2865 must be retained by the Department of Motor Vehicles to defray programming costs.
"(3) The initial millage required by Section 12-37-2850 must be calculated on or before June 1, 2018.
"M. This SECTION takes effect January 1, 2019, except that the Department of Revenue, in consultation with the Revenue and Fiscal Affairs Office, shall calculate the millage to be used to calculate the road use fee provided in Section 12-37-2850 by July 1, 2018."
Effect of Amendment
2017 Act No. 40, Section 8.C, rewrote (5), relating to large commercial motor vehicles.
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.
HISTORY: 1962 Code Section 46-35.4; 1952 Code Section 46-35; 1949 (46) 342; 1959 (51) 391; 1973 (58) 379.
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.
HISTORY: 1962 Code Section 46-35.5; 1962 (52) 1738.
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.
HISTORY: 1962 Code Section 46-101; 1952 Code Section 46-101; 1949 (46) 342; 1995 Act No. 5, Section 1; 2002 Act No. 275, Section 1.
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.
HISTORY: 1962 Code Section 46-102; 1952 Code Section 46-102; 1949 (46) 342.
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.
HISTORY: 1962 Code Section 46-103; 1952 Code Section 46-103; 1949 (46) 342; 1959 (51) 391.
SECTION 56-3-180. Special permits to operate vehicles otherwise required to be registered and licensed; restrictions.
Section effective until January 18, 2024.
The department may issue in writing special permits to operate vehicles otherwise required to be registered and licensed under this chapter when the vehicles do not display the required current license plate or plates or registration cards. A special permit issued pursuant to this section, shall specify the date on which the permit expires, and must be carried at all times on the vehicle authorized to be operated.
HISTORY: 1962 Code Section 46-13; 1952 Code Section 46-13; 1949 (46) 342; 2012 Act No. 107, Section 1, eff February 1, 2012.
Editor's Note
2023 Act No. 51, Sections 30 and 40(C)(1), provide as follows:
"SECTION 30. Section 56-3-180 of the S.C. Code is repealed."
"[SECTION 40.](C)(1) SECTIONS 8, 9, 10, 11, 12, 30, 31, 32, and 33 take effect eight months after the approval by the Governor, provided that necessary solicitations are awarded in a timely manner in accordance with the State Consolidated Procurement Code."
SECTION 56-3-190. Department may register and license vehicles.
(A) 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.
(B) If a commercial motor vehicle is registered through the International Registration Plan and is operated under a United States Department of Transportation (USDOT) number assigned to a person other than the vehicle's owner, then the person to whom the USDOT number is assigned may register the commercial motor vehicle by submitting the appropriate application and fees to the Department of Motor Vehicles.
HISTORY: 1962 Code Section 46-14; 1952 Code Section 46-14; 1949 (46) 342; 2021 Act No. 37 (H.3689), Section 3, eff May 6, 2021.
Effect of Amendment
2021 Act No. 37, Section 3, inserted the (A) designator, and added (B).
SECTION 56-3-195. Counties to process vehicle registration and licensing renewals; access to records; department to fund startup costs.
Text of (A) effective until July 1, 2024.
(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.
Text of (A) effective July 1, 2024.
(A) 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. The owner of a large commercial motor vehicle, as defined in Section 12-37-2810(C), must establish an account with the Department of Motor Vehicles and must remit payment for all fees associated with registration and licensing renewal directly to the Department of Motor Vehicles.
(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.
HISTORY: 1993 Act No. 164, Part II, Section 22A; 2021 Act No. 37 (H.3689), Section 4.A, eff July 1, 2024.
Editor's Note
2021 Act No. 37, Section 4.B, provides as follows:
"[SECTION 4.]B. This SECTION takes effect on the first day of the fiscal year that begins twenty-four months after the program is fully funded."
The program was fully funded as of July 1, 2022.
Effect of Amendment
2021 Act No. 37, Section 4.A, in (A), in the first sentence, substituted "Each county" for "Beginning on July 1, 1994, each county", and added the third sentence.
SECTION 56-3-200. Certificate of title or application as prerequisite to registration.
Except in the case of a moped or as otherwise provided for in Chapter 19 of this title, the department 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 has been delivered by the owner to the department.
HISTORY: 1962 Code Section 46-14.1; 1957 (50) 595; 2017 Act No. 89 (H.3247), Section 13, eff November 19, 2018.
Effect of Amendment
2017 Act No. 89, Section 13, substituted "Except in the case of a moped" for "Except" and "department" for "Department of Motor Vehicles", and made nonsubstantive changes.
SECTION 56-3-210. Time period for procuring registration and license; temporary license plates; transfer of license plates.
Section effective until January 18, 2024. See, also, Section 56-3-210 effective January 18, 2024.
(A)(1) The department is authorized to administer a program for and regulate the issuance of temporary license plates for newly acquired vehicles.
(2) The department shall establish the design and layout of all temporary license plates to be issued within the State. Temporary license plates shall be of a material specified by the department so as to resist deterioration or fading from exposure to the elements during the period for which display is required.
(3) Temporary license plates must be six inches wide and at least eleven inches in length. Temporary motorcycle license plates must be four inches wide and seven inches in length.
(4) Licensed motor vehicle dealers, leasing companies, and other entities shall not:
(a) obtain or procure a temporary license plate from any entity other than the department or one of the department's registered temporary license plate distributors; or
(b) charge a fee that exceeds the actual cost of issuing a temporary license plate plus standard shipping and handling costs.
(5) The department is authorized to administer an electronic system for county auditors' offices, licensed motor vehicle dealers, leasing companies, and other entities authorized by the department to use in issuing temporary license plates. The department may contract with vendors to provide service connection between the issuing entities and the department, or may provide the service directly to participating entities.
(6) Each temporary license plate must contain a vehicle's identifying information as determined by the department, to include the date of issue, the date of expiration, the name of the issuing entity, and a unique identifying license plate text that will be assigned by the department.
(7) The temporary license plate text must be linked to the vehicle record and the vehicle's owner in the department's vehicle database. The issuing entity must produce a temporary license plate with the prescribed plate text immediately upon sale of a vehicle and assignment of a temporary license plate, so that law enforcement and authorized entities can identify the owner of the vehicle.
(8) The department shall develop program specifications that define the requirements of the temporary license plate program governing the issuance of temporary license plates by all authorized entities.
(9) Registered temporary license plate distributors must be statewide dealer associations.
(a) Licensed dealers and leasing companies must receive temporary license plates from registered temporary license plate distributors.
(b) Counties and other nondealer entities may receive temporary license plates from a registered distributor or the department.
(B) A person who newly acquires a vehicle or an owner of a foreign vehicle that is being moved into this State, that is required to be registered under this chapter, and that is not properly registered and licensed, 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 (G) 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 pursuant to subsection (D) 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 (D) of this section; or
(5) obtain a temporary license plate from a dealer of new or used vehicles pursuant to subsection (E) of this section.
(C) The owner of a foreign vehicle being moved into this State from a state in which the vehicle is properly licensed and registered need not purchase a temporary license plate. The owner has forty-five days to properly license and register the vehicle in South Carolina, unless his foreign registration is expired, in which case he must properly license and register the vehicle immediately.
(D) The department or the county auditor's office must, upon proper application, issue a temporary license plate to a casual buyer of a vehicle pursuant to subsection (B) of this section. The expiration date may not extend beyond forty-five days from the vehicle's date of purchase or lease. The bill of sale, title, lease contract, temporary registration card issued in conjunction with a temporary license plate, or copy of one of these documents 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, lease contract, or copy of one of these documents 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 or lease. The department may charge a five-dollar fee for the temporary license plate. 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.
(E) A licensed vehicle dealer or a leasing company of new or used vehicles may issue to the buyer or lessee of a vehicle at the time of its sale or lease a temporary license plate in accordance with subsection (A). The expiration date may not extend beyond forty-five days from the date of purchase or lease. Issuing entities may utilize the top fifty percent free space on their temporary license plates for dealer or company identification. The bottom fifty percent of all temporary license plates is reserved to display the temporary license plate number and other information required by the department. The bill of sale, title, lease contract, temporary registration card issued in conjunction with a temporary license plate, or copy of one of these documents must be maintained in the vehicle at all times to verify the vehicle's date of purchase or lease to a law enforcement officer. The bill of sale, title, lease contract, or copy of one of these documents 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 or lease. Except as provided for in this section, a dealer or leasing company 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 or leasing company may not place a temporary license plate on a vehicle until the vehicle is sold to a purchaser and until the temporary license plate number and other identifying information has been recorded in the electronic database and printed on the bottom fifty percent of the temporary license plate. A dealer that issues or allows a temporary license plate to be issued in violation of this section also may have the dealer violation points assessed. A nondealer issuing entity that violates this section may have its issuing privileges suspended by the department.
(F) Any person or entity authorized by this section to issue a temporary license plate shall maintain records as required by the department. Records maintained pursuant to this subsection shall be open to inspection by the department or its agents during reasonable business hours.
(G) 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 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.
(H) 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.
(I) Nothing in this section may be construed to displace or effect the responsibility of a person to obtain insurance before operating a vehicle.
(J) 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. The department may issue special permits to consumers who have not received their registration within the prescribed forty-five days.
(K) The department may restrict or revoke the ability to issue temporary license plates for an issuing entity found to be in violation of this section.
HISTORY: 1962 Code Section 46-15; 1952 Code Section 46-15; 1949 (46) 342; 1951 (47) 527; 1984 Act No. 371, Section 1; 1985 Act No. 40, Section 3; 1994 Act No. 497, Part II, Section 121H; 2002 Act No. 251, Section 1, subsections (A), (B), (C); 2004 Act No. 288, Section 1; 2016 Act No. 275 (S.1258), Section 28, eff July 1, 2016; 2018 Act No. 208 (S.1083), Section 1, eff May 15, 2019.
SECTION 56-3-210. Time period for procuring registration and license; temporary license plates; transfer of license plates.
Section effective January 18, 2024. See, also, Section 56-3-210 effective until January 18, 2024.
(A)(1) The department is authorized to administer a program for and regulate the issuance of temporary license plates for items required to be registered in this State and items that are purchased in this State that may be registered in a foreign jurisdiction.
(2) The department, pursuant to this section and with input from temporary license plate distributors, shall establish the design and layout of all temporary license plates to be issued within the State. Temporary license plates shall be of a material specified by the department so as to resist deterioration or fading from exposure to the elements during the period for which display is required.
(3) Temporary license plates must be six inches wide and at least eleven inches in length. Temporary motorcycle and moped license plates must be four inches wide and seven inches in length.
(4) Each temporary license plate must contain a vehicle's identifying information as determined by the department including, but not limited to, the date of expiration, the name of the issuing entity or standard identifier as determined by the department and a unique identifying license plate text assigned by the department. The temporary license plate text must be linked to the vehicle record and the vehicle's owner in the department's vehicle database. In order to operate on the highways of this State, an item must display either a valid temporary license plate issued pursuant to this title or a valid metal license plate, and, when applicable, a decal that the owner intends to transfer pursuant to Section 56-3-1290.
(5) Licensed motor vehicle dealers, leasing companies, the department, and other entities shall not obtain or procure a temporary license plate from any entity other than a registered temporary license plate distributor.
(B)(1) Only statewide motor vehicle dealer associations in which at least thirty percent and no fewer than two hundred members are licensed South Carolina motor vehicle dealers may be temporary license plate distributors. Except as otherwise provided in this section, only temporary license plate distributors may sell or distribute temporary license plates.
(2) If a temporary license plate distributor is unable to provide temporary license plates for the department in a timely manner, the department may solicit for and select a different temporary license plate distributor. The department's solicitation and selection of a different temporary license plate distributor is subject to the provisions of the State Consolidated Procurement Code.
(3) If the only temporary license plate distributors in this State do not respond to a solicitation as provided for in item (2) then this subsection is of no force or effect.
(C)(1) The department is authorized to administer an electronic system for county auditors' offices, licensed motor vehicle dealers, leasing companies, and other entities authorized by the department to use in issuing temporary license plates. The department may contract with third parties to provide service connection between the issuing entities and the department, or may provide the service directly to participating entities. Licensed dealers, leasing companies, and other entities participating in the electronic registration and titling program that fail to comply with the program's requirements may be removed from the program by the department.
(2) Third parties contracted pursuant to this section are authorized to produce temporary license plates and temporary vehicle registration transactions on behalf of the department. The department shall develop program terms, conditions, standards, and specifications required for certification. Third parties requesting certification must agree to the terms, conditions, standards, and specifications in order to participate.
(D) The department, with input from temporary license plate distributors, shall develop program specifications that define the requirements of the temporary license plate program governing the issuance of temporary license plates by all authorized entities. The design, specifications, and method of distribution of all temporary plates shall be the same.
(E) Issuing entities may utilize no more than the upper fifty percent free space on their temporary license plates for dealer or company identification. Traceable temporary license plates from issuing entities that do not utilize the plate for dealer or company identification must include an identifier selected by the department. Third-party providers that produce temporary license plates must not charge an additional fee to issuing entities that chose to issue traceable temporary license plates that include the identifier selected by the department. The lower fifty percent of all temporary license plates is reserved to display the temporary license plate number and other information required by the department pursuant to Section 56-3-210(A)(4).
(F) Except as provided for in this chapter, a dealer or leasing company 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 or leasing company may not place a temporary license plate on a vehicle until the vehicle is sold to a purchaser and until the temporary license plate number and other identifying information has been recorded in the electronic database and printed on the lower fifty percent of the temporary license plate. A dealer that issues or allows a temporary license plate to be issued in violation of this section also may have the dealer violation points, as determined by the department, assessed. A nondealer issuing entity that violates this section may have its issuing privileges suspended by the department. The department shall develop a process for tracking fraudulently issued or sold temporary plates.
(G) Any person or entity authorized by this chapter to issue a temporary license plate shall maintain records as required by the department. Records maintained pursuant to this subsection shall be open to inspection by the department or its agents during reasonable business hours. Records must include the inventory control number of each temporary license plate, the vehicle identification number, issuance date, and expiration date.
(H) Licensed motor vehicle dealers, leasing companies, and other entities may provide temporary license plates only for items that are purchased from that dealer company or entity.
(I) The total fee for the temporary license plates the department or counties issue pursuant to this chapter shall be calculated based on:
(1) the five-dollar cost of the plate, which must be placed in a special restricted account to be used solely by the department for the costs associated with the production and issuance of new license plates; and
(2) an additional five dollars which must be disbursed to the South Carolina Transportation Infrastructure Bank's state highway account pursuant to Section 56-3-910.
(J)(1) The total fee for the temporary license plates issued pursuant to this chapter by licensed dealers, leasing companies, and other entities must be calculated based on:
(a) the actual cost of the license plate plus issuing and printing, as well as standard shipping and handling costs; and
(b) an additional five dollars which must be remitted to the department. The department shall disburse two dollars and fifty cents of each additional five dollars remitted to the State Highway Fund, as established by Section 57-11-20, to be distributed as provided in Section 11-43-167. The remaining two dollars and fifty cents of each additional five dollars remitted shall be disbursed to the South Carolina Transportation Infrastructure Bank's state highway account pursuant to Section 56-3-910.
(2) Dealers, leasing companies, and other entities shall not charge any fees for traceable temporary license plates in excess of the fees provided for in this subsection.
(K) The bill of sale, title, lease contract, temporary registration card issued in conjunction with a temporary license plate or copy of one of these documents must be maintained in the vehicle at all times to verify the vehicle's date of purchase or lease. The bill of sale, title, lease contract, or copy of one these documents must contain a description of the vehicle, the name and address of both the seller and the purchaser of the vehicle, and its date of sale or lease.
(L) All temporary license plates must be valid for no more than forty-five days and must be affixed at all times to the rear of the item in an unobscured and secure manner.
(M) Only one temporary license plate may be issued to a purchaser of an item. The temporary license plate must be used only on the item for which it was issued and must not be transferred, loaned, or assigned to any other person or item.
HISTORY: 1962 Code Section 46-15; 1952 Code Section 46-15; 1949 (46) 342; 1951 (47) 527; 1984 Act No. 371, Section 1; 1985 Act No. 40, Section 3; 1994 Act No. 497, Part II, Section 121H; 2002 Act No. 251, Section 1, subsections (A), (B), (C); 2004 Act No. 288, Section 1; 2016 Act No. 275 (S.1258), Section 28, eff July 1, 2016; 2018 Act No. 208 (S.1083), Section 1, eff May 15, 2019; 2023 Act No. 51 (S.549), Section 8, eff January 18, 2024.
Code Commissioner's Note
At the direction of the Code Commissioner, in (J)(1)(b), the reference to "Section 57-11-167" was changed to "Section 57-11-20" to correct a scrivener's error.
Editor's Note
2018 Act No. 208, Section 2, provides as follows:
"SECTION 2. All entities authorized to issue temporary license plates pursuant to Section 56-3-210 must comply with all program specifications within one hundred eighty days of the effective date of this act [May 15, 2019]."
2023 Act No. 51, Section 40(C)(1), provides as follows:
"[SECTION 40.](C)(1) SECTIONS 8, 9, 10, 11, 12, 30, 31, 32, and 33 take effect eight months after the approval by the Governor, provided that necessary solicitations are awarded in a timely manner in accordance with the State Consolidated Procurement Code."
Effect of Amendment
2018 Act No. 208, Section 1, rewrote the section.
2023 Act No. 51, Section 8, rewrote the section.
SECTION 56-3-211. Temporary license plates for items registered in a foreign jurisdiction and farm trucks harvesting and transporting seasonal crops.
Section effective January 18, 2024.
The department, licensed dealers, leasing companies, and other entities may issue temporary license plates to operate any item that is purchased in this State that may be registered in a foreign jurisdiction and farm trucks registered in another jurisdiction that are harvesting and transporting seasonal crops. Temporary license plates issued pursuant to this section must meet all standards specified in Section 56-3-210.
HISTORY: 2023 Act No. 51 (S.549), Section 9, eff January 18, 2024.
Editor's Note
2023 Act No. 51, Section 40(C)(1), provides as follows:
"[SECTION 40.](C)(1) SECTIONS 8, 9, 10, 11, 12, 30, 31, 32, and 33 take effect eight months after the approval by the Governor, provided that necessary solicitations are awarded in a timely manner in accordance with the State Consolidated Procurement Code."
SECTION 56-3-212. Temporary license plates for items or vehicles used solely for corporate research and development.
Section effective January 18, 2024.
(A) The department, licensed dealers, leasing companies, and other entities may issue temporary license plates to operate any item that will be registered in this State or vehicles used solely for corporate research and development. In the case of the need to move trailers and semi-trailers before they have been purchased, temporary license plates may be issued to those items for the sole purpose of being moved from the manufacturer to the dealer's or purchaser's place of business. Temporary license plates issued pursuant to this section must meet all standards specified in Section 56-3-210.
(B) A person who newly acquires a vehicle or an owner of a vehicle registered in a foreign jurisdiction that is being moved into this State, that is required to be registered under this title, and that is not properly registered and licensed, 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 Section 56-3-1290;
(2) purchase a new license plate and registration;
(3) purchase a temporary license plate from the department; or
(4) purchase a temporary license plate from the county auditor's office in the county in which the person resides.
(C) The department, upon proper application, must issue a temporary license plate to a casual buyer of any item that will be registered in this State.
(D) If a person intends to transfer a license plate from one item to another item that is the same type and classification, then he may place the license plate to be transferred on the newly acquired item 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 with the newly acquired item at all times to verify its date of purchase to a law enforcement officer. The purchaser must register the item with the department 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 soon as he receives them, or by the end of the expiration period of the temporary license plate, whichever occurs first, unless the provisions of Section 56-3-213 apply. A person who operates an item in violation of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars. This subsection does not apply to vehicles used solely for corporate research and development or trailers and semi-trailers that have temporary license plates for the sole purpose of being moved from the manufacturer to the dealer's or purchaser's place of business.
(F) The owner of a foreign vehicle being moved into this State from a state in which the vehicle is properly licensed and registered has forty-five days to properly license and register the vehicle in South Carolina, unless his foreign registration is expired, in which case he must license and register the vehicle immediately.
(G) Nothing in this section may be construed to displace or effect the responsibility of a person to obtain insurance before operating a vehicle.
HISTORY: 2023 Act No. 51 (S.549), Section 10, eff January 18, 2024.
Editor's Note
2023 Act No. 51, Section 40(C)(1), provides as follows:
"[SECTION 40.](C)(1) SECTIONS 8, 9, 10, 11, 12, 30, 31, 32, and 33 take effect eight months after the approval by the Governor, provided that necessary solicitations are awarded in a timely manner in accordance with the State Consolidated Procurement Code."
SECTION 56-3-213. Issuance of special permits.
Section effective January 18, 2024.
(A) The department may issue solely to South Carolina residents, as proven by showing their driver's license or identification card issued by the department, special permits to operate any item otherwise required to be registered under this title when the item does not display the required license plate or registration card. In the case of a newly acquired vehicle, the department may issue a special permit pursuant to this section only when it has reason to believe that a person has made all attempts to appropriately register the item within the forty-five days of acquiring the vehicle. The department retains the authority to issue special permits at other times when extenuating circ*mstances exist. Special permits issued pursuant to this section must be valid for no more than forty-five days and must be affixed to the rear of the item in an unobscured and secure manner to operate. The department is the only entity authorized to provide a special permit pursuant to this section. There is no fee for special permits issued pursuant to this section.
(B) The provisions of this section do not apply to items registered in a foreign jurisdiction or used for corporate research and development.
HISTORY: 2023 Act No. 51 (S.549), Section 11, eff January 18, 2024.
Editor's Note
2023 Act No. 51, Section 40(C)(1), provides as follows:
"[SECTION 40.](C)(1) SECTIONS 8, 9, 10, 11, 12, 30, 31, 32, and 33 take effect eight months after the approval by the Governor, provided that necessary solicitations are awarded in a timely manner in accordance with the State Consolidated Procurement Code."
SECTION 56-3-214. Quality assurance program.
(A) The department shall implement a quality assurance program to ensure the integrity of the electronic registration and titling program. Pursuant to this section, the quality assurance entity shall perform quality assurance reviews of data and submitted forms through the electronic vehicle registration system. The department shall develop program standards and specifications for quality assurance. Quality assurance entities must agree to the program terms, conditions, standards, specifications, and bond requirement in order to participate.
(B)(1) A quality assurance entity must be a statewide motor vehicle dealer association in which at least thirty percent and no fewer than two hundred members are licensed South Carolina motor vehicle dealers.
(2) If the quality assurance entity does not meet reasonable accuracy standards, the department may solicit for and select a different quality assurance provider without regard to this subsection and in accordance with the State Consolidated Procurement Code.
(3) If a statewide motor vehicle dealer association in which at least thirty percent and no fewer than two hundred members are licensed South Carolina motor vehicle dealers does not respond to a solicitation to be a quality assurance entity, then this subsection does not apply.
Text of (C) effective November 18, 2024.
(C) The quality assurance entity shall review all required documents for all transactions for all applications of title and registration submitted by dealers in accordance with department standards.
Text of (D) effective November 18, 2024.
(D) The quality assurance entity shall charge a fee of ten dollars per vehicle sold by the dealer. The ten-dollar fee is an official fee and may be charged to the consumer by the dealership. The fee shall be a stand-alone line item on a dealer invoice or bill of sale and is not calculated as part of the purchase price of the vehicle.
Text of (E) effective November 18, 2024.
(E) The department may allow or refuse a dealership the right to issue temporary motor vehicle registrations or temporary license plates through the electronic registration and titling program should the accuracy rate of its documentation fall below ninety-five percent as determined through the quality assurance entity and reported to the Department of Motor Vehicles on a monthly basis or upon request by the department.
Text of (F) effective November 18, 2024.
(F) If a dealership previously is denied the privilege to issue registrations and temporary license plates, upon meeting the established criteria, the dealership may be allowed to issue registrations or license plates again.
(G) The quality assurance entity shall carry a bond to ensure departmental standards and the protection of personally identifiable information remains intact. The bond amount shall be determined by the department.
Text of (H) effective November 18, 2024.
(H) The department is authorized to collect a transaction fee from the quality assurance entity that transmits or retrieves data from the department pursuant to this section. The fee must not exceed five dollars for each transaction. Two dollars fifty cents of each fee collected pursuant to this subsection must be credited to the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167. The other two dollars fifty cents of each fee collected pursuant to this subsection shall be retained by the Department of Motor Vehicles and earmarked in an account for the sole purpose of technology modernization. Fees in the account may be carried forward from fiscal year to fiscal year.
HISTORY: 2023 Act No. 51 (S.549), Section 13, eff May 18, 2023 and November 18, 2024.
Editor's Note
2023 Act No. 51, Section 40(C) and (F), provide as follows:
"[SECTION 40.](C)(1) SECTIONS 8, 9, 10, 11, 12, 30, 31, 32, and 33 take effect eight months after the approval by the Governor, provided that necessary solicitations are awarded in a timely manner in accordance with the State Consolidated Procurement Code.
"(2) Section 56-3-214(C), 56-3-214(D), 56-3-214(E), 56-3-214(F), and 56-3-214(H) take effect ten months after the effective date of SECTIONS 8, 9, 10, 11, and 12."
"(F) The remaining SECTIONS of this act, and Sections 56-3-214(A), 56-3-214(B)(1), 56-3-214(B)(2), 56-3-214(B)(3), 56-3-214(G), 56-1-20, 56-23-40, 56-23-60, and 56-23-105 take effect upon approval by the Governor."
SECTION 56-3-215. Temporary permits authorized for out-of-state registered farm trucks harvesting and transporting seasonal crops in State.
Section effective until January 18, 2024.
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.
HISTORY: 1981 Act No. 177, Section 14.
Editor's Note
2023 Act No. 51, Sections 31 and 40(C)(1), provide as follows:
"SECTION 31. Section 56-3-215 of the S.C. Code is repealed."
"[SECTION 40.](C)(1) SECTIONS 8, 9, 10, 11, 12, 30, 31, 32, and 33 take effect eight months after the approval by the Governor, provided that necessary solicitations are awarded in a timely manner in accordance with the State Consolidated Procurement Code."
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.
HISTORY: 1962 Code Section 46-16; 1952 Code Section 46-16; 1949 (46) 342; 1994 Act No. 497, Part II, Section 121I.
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 may determine the manner, including the standard for measuring distance, such as miles or kilometers, application process, and filing deadlines for applications under the International Registration Plan, and must be provided:
(a) the United States Department of Transportation Number of the motor carrier responsible for safety, as defined by the Federal Motor Carrier Safety Administration; and
(b) a current MCS 150 form for the motor carrier responsible for safety, as defined by the Federal Motor Carrier Safety Administration. This form also must be on file with the Federal Motor Carrier Safety Administration. Except where the International Registration Plan permits an applicant to use average per-vehicle distance, an application may contain the actual distance that the fleet being registered was operated during the report period. In accordance with the International Registration Plan, if the fleet did not accrue any actual distance during the reporting period, an applicant may use average per-vehicle distance. The expiration date of apportioned registration for all apportioned vehicles in a fleet must be the same date.
HISTORY: 1962 Code Section 46-17; 1952 Code Section 46-17; 1949 (46) 342; 1979 Act No. 153 Section 1; 1980 Act No. 385, Section 2; 1996 Act No. 459, Section 130; 2000 Act No; 399, Section 3(V); 2002 Act No. 301, Section 1; 2021 Act No. 37 (H.3689), Section 10, eff May 6, 2021.
Effect of Amendment
2021 Act No. 37, Section 10, rewrote (5).
SECTION 56-3-250. Statement certifying payment of county and municipal taxes and address to accompany application; exceptions.
No vehicle shall be registered and licensed by the department 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 mopeds or 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 Department of Revenue.
HISTORY: 1962 Code Section 46-17.1; 1956 (49) 1697; 1961 (52) 160; 1962 (52) 1966; 1993 Act No. 181, Section 1360; 2017 Act No. 89 (H.3247), Section 14, eff November 19, 2018.
Effect of Amendment
2017 Act No. 89, Section 14, in the first paragraph, substituted "department" for "Department of Motor Vehicles"; and in the second paragraph, inserted "mopeds or to", and substituted "Department of Revenue" for "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.
HISTORY: 1993 Act No. 164, Part II, Section 22A; 1998 Act No. 419, Part II, Section 21.
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.
HISTORY: 1984 Act No. 512, Part II, Section 75; 1993 Act No. 181, Section 1361.
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.
HISTORY: 1962 Code Section 46-18; 1952 Code Section 46-18; 1949 (46) 342; 1969 (56) 444; 1993 Act No. 164, Part II, Section 22B.
SECTION 56-3-355. Suspension or revocation of commercial vehicle registration card and license plate; reinstatement; fees.
(A) 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 or if it is determined that the registrant has:
(1) made a material misrepresentation or false statement on the application or fails to disclose material information required pursuant to Section 56-3-240 or the International Registration Plan, if applicable;
(2) used or permitted the use of plates contrary to law;
(3) been found guilty of fraud, fraudulent practices, or subterfuge for the real party in interest who has been issued a federal out-of-service order;
(4) operated or owned a business managed, or otherwise controlled or affiliated, with a person who is ineligible for registration, including the registrant entity, a relative, family member, corporate officer, or shareholder; or
(5) failed to comply with any of the regulations of the department for the enforcement of this article.
(B) The registrant promptly must 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, the department shall receive a signed copy of any inspection report for each suspended registration card and a fee of fifty dollars for each registration card suspension which must be paid to the department. The fifty dollar fee 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: 2002 Act No. 301, Section 2; 2016 Act No. 275 (S.1258), Section 29, eff July 1, 2016; 2021 Act No. 37 (H.3689), Section 11.A, eff July 1, 2021.
Editor's Note
2021 Act No. 37, Section 11.B, provides as follows:
"[SECTION 11.]B. This SECTION takes effect at the start of the fiscal year immediately following approval by the Governor."
Effect of Amendment
2021 Act No. 37, Section 11.A, rewrote the section.
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.
HISTORY: 1962 Code Section 46-18.1; 1957 (50) 595; 1993 Act No. 181, Section 1362; 1996 Act No. 459, Section 131.
SECTION 56-3-376. Establishment of system of registration of motor vehicles on monthly basis; assignment of annual registration periods.
(A) 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:
(1) 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 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.
(2) Classification (2). Other vehicles. All other vehicles except those vehicles described in classification (1) and (3) 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.
(3) Classification (3). Large commercial motor vehicles and buses registered by motor carriers, as defined in Section 12-37-2810, are assigned a staggered annual registration which expires on the last day of the month for the period for which they were issued.
(B) 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.
HISTORY: 1978 Act No. 470 Section 2; 1980 Act No. 401; 1991 Act No. 148, Section 2; 1993 Act No. 164, Part II, Section 22C; 1994 Act No. 497, Part II, Section 55E; 1996 Act No. 459, Section 132; 2017 Act No. 40 (H.3516), Section 8.B, eff January 1, 2019; 2021 Act No. 37 (H.3689), Section 1, eff May 6, 2021.
Editor's Note
2017 Act No. 40, Sections 8.L, 8.M, provide as follows:
"L. (1) Notwithstanding any provision to the contrary within this SECTION, a person who registers a vehicle for use in this State pursuant to Article 23, Chapter 37, Title 12, as amended by this act, must register his vehicle during calendar year 2019 and is required to pay the road fees calculated based on the fair market value of the vehicle as specified in Sections 12-37-2820 and 12-37-2850 at the time the vehicle's registration fees are paid.
"(2) Notwithstanding the provisions in Section 12-37-2865(B) and (C), as contained in this SECTION, to the contrary, during calendar year 2019, the first four hundred thousand dollars of fee revenue collected pursuant to Section 12-37-2865 must be retained by the Department of Motor Vehicles to defray programming costs.
"(3) The initial millage required by Section 12-37-2850 must be calculated on or before June 1, 2018.
"M. This SECTION takes effect January 1, 2019, except that the Department of Revenue, in consultation with the Revenue and Fiscal Affairs Office, shall calculate the millage to be used to calculate the road use fee provided in Section 12-37-2850 by July 1, 2018."
Effect of Amendment
2017 Act No. 40, Section 8.B, inserted the paragraph identifiers; in (A)(2), inserted "and (3)"; and added (A)(3), relating to the classification of large commercial motor vehicles and buses.
2021 Act No. 37, Section 1, in the second and third sentences, substituted "one hundred" for "one-hundred", and in the sixth sentence, substituted "of five thousand pounds or less" for "of over five thousand pounds or less".
SECTION 56-3-377. Vehicles to be assigned biennial registration period; expiration twenty-four months from 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.
HISTORY: 1978 Act No. 470 Section 2; 1993 Act No. 164, Part II, Section 22D.
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.
HISTORY: 1978 Act No. 470 Section 2.
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.
HISTORY: 1985 Act No. 201, Part II, Section 24; 1993 Act No. 164, Part II, Section 22E.
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.
HISTORY: 1962 Code Section 46-21; 1952 Code Section 46-21; 1949 (46) 342; 1957 (50) 595.
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.
HISTORY: 1962 Code Section 46-97; 1957 (50) 551.
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.
HISTORY: 1962 Code Section 46-98; 1957 (50) 551.
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.
HISTORY: 1962 Code Section 46-131; 1952 Code Section 46-131; 1942 Code Section 5895; 1932 Code Section 5895; 1931 (37) 121.
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.
HISTORY: 1962 Code Section 46-132; 1952 Code Section 46-132; 1942 Code Section 5895; 1932 Code Section 5895; 1931 (37) 121; 1945 (44) 547; 1955 (49) 150.
ARTICLE 4
Release of Licensing and Registration Information
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.
HISTORY: 1996 Act No. 458, Part II, Section 31A.
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.
HISTORY: 1996 Act No. 458, Part II, Section 31A.
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.
HISTORY: 1996 Act No. 458, Part II, Section 31A.
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.
HISTORY: 1996 Act No. 458, Part II, Section 31A.
SECTION 56-3-545. Sale of Social Security number or driver's license photograph or signature prohibited.
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.
HISTORY: 1999 Act No. 100, Part II, Section 54.
ARTICLE 5
Registration and License Fees
SECTION 56-3-610. Biennial payment of registration and license fees required.
(A) Except as provided in subsection (B), 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.
(B) A large commercial motor vehicle or bus on which is imposed the road use fee provided pursuant to Article 23, Chapter 37, Title 12 is required to be registered and licensed annually pursuant to this chapter and the scheduled fees adjusted as provided pursuant to Section 56-3-660(E).
HISTORY: 1962 Code Section 46-31; 1952 Code Section 46-31; 1949 (46) 342; 1993 Act No. 164, Part II, Section 22G; 2017 Act No. 40 (H.3516), Section 8.D, eff January 1, 2019.
Editor's Note
2017 Act No. 40, Sections 8.L, 8.M, provide as follows:
"L. (1) Notwithstanding any provision to the contrary within this SECTION, a person who registers a vehicle for use in this State pursuant to Article 23, Chapter 37, Title 12, as amended by this act, must register his vehicle during calendar year 2019 and is required to pay the road fees calculated based on the fair market value of the vehicle as specified in Sections 12-37-2820 and 12-37-2850 at the time the vehicle's registration fees are paid.
"(2) Notwithstanding the provisions in Section 12-37-2865(B) and (C), as contained in this SECTION, to the contrary, during calendar year 2019, the first four hundred thousand dollars of fee revenue collected pursuant to Section 12-37-2865 must be retained by the Department of Motor Vehicles to defray programming costs.
"(3) The initial millage required by Section 12-37-2850 must be calculated on or before June 1, 2018.
"M. This SECTION takes effect January 1, 2019, except that the Department of Revenue, in consultation with the Revenue and Fiscal Affairs Office, shall calculate the millage to be used to calculate the road use fee provided in Section 12-37-2850 by July 1, 2018."
Effect of Amendment
2017 Act No. 40, Section 8.D, inserted the paragraph identifiers; in (A), substituted "Except as provided in subsection (B), the" for "The"; and added (B), relating to large commercial motor vehicles required to be registered.
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 thirty-six dollars.
(B) For persons under the age of sixty-five years the biennial registration fee for every private passenger motor vehicle, excluding trucks, is forty 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 forty-six dollars.
(D) For persons who are sixty-four years of age, the biennial registration fee for a private passenger motor vehicle, excluding trucks, is thirty-eight 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.
(G) From each biennial registration and license fee collected, sixteen dollars must be credited to the Infrastructure Maintenance Trust Fund.
HISTORY: 1962 Code Section 46-32; 1952 Code Section 46-32; 1949 (46) 342; 1980 Act No. 506, Section 12; 1986 Act No. 540, Part II, Section 42A; 1987 Act No. 197 Section 3; 1987 Act No. 203 Section 2; 1993 Act No. 164, Part II, Section 22H; 1994 Act No. 417, Section 4; 1996 Act No. 459, Section 133; 1999 Act No. 63, Section 5; 2008 Act No. 353, Section 2, Pt 13C, eff July 1, 2009; 2017 Act No. 40 (H.3516), Section 4.A, eff January 1, 2018.
Effect of Amendment
2017 Act No. 40, Section 4.A, in (A), substituted "thirty-six dollars" for "twenty dollars"; in (B), substituted "For" for "Beginning July 1, 1987, for" and "forty dollars" for "twenty-four dollars"; in (C), substituted "forty-six dollars" for "thirty dollars"; in (D), substituted "thirty-eight dollars" for "twenty-two dollars"; and added (G), relating to credits to the Infrastructure Maintenance Trust Fund.
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.
HISTORY: 1986 Act No. 540, Part II, Section 42D.
SECTION 56-3-627. Infrastructure maintenance fee.
(A) In order to account for the necessary road maintenance caused by each item traversing the roads of this State, in addition to the registration fees imposed by this chapter, the owner or lessee of each vehicle or other item that is required to be registered pursuant to this chapter must pay an infrastructure maintenance fee upon first titling or registering the vehicle or other item. Also, the owner or lessee of each trailer or semitrailer must pay the fee upon first titling or registering the trailer or semitrailer. The Department of Motor Vehicles may not issue a title or registration until the infrastructure maintenance fee has been collected. The infrastructure maintenance fee must be credited to the Infrastructure Maintenance Trust Fund.
(B) If upon purchasing or leasing the item from a dealer, the owner or lessee first registers the item in this State, then the fee equals five percent, not to exceed five hundred dollars, of the gross proceeds of sales, or sales price, as those terms are defined in Chapter 36, Title 12. If the dealer holds a South Carolina retail license or offers to license, title, or register the item, then the dealer must collect the fee and remit it to the Department of Motor Vehicles. If the dealer does not license, title, or register the item, the customer must pay the infrastructure maintenance fee to the department when titling or registering the vehicle.
(C)(1) If upon purchasing or leasing the item from a person other than a dealer, the owner or lessee first registers the item in this State, then the fee equals five percent, not to exceed five hundred dollars, of the fair market value of the item. If the lessee purchases the vehicle he originally leased and the registrant of the vehicle remains the same, the person does not owe an additional infrastructure maintenance fee.
(2) Excluded from the fee imposed pursuant to this subsection are:
(a) items transferred:
(i) to members of the immediate family;
(ii) to a legal heir, legatee, or distributee;
(iii) from an individual to a partnership upon formation of a partnership, or from a stockholder to a corporation upon formation of a corporation;
(iv) to a licensed motor vehicle or motorcycle dealer for the purpose of resale;
(v) to a financial institution for the purpose of resale;
(vi) as a result of repossession to any other secured party, for the purpose of resale;
(vii) to an insurer for the purpose of applying for a salvage title;
(b) the fair market value of an item transferred to the seller or secured party in partial payment;
(c) gross proceeds of transfers of items specifically exempted by Section 12-36-2120 from the sales or use tax;
(d) items where a sales or use tax has been paid on the transaction necessitating the transfer.
(3) The Department of Motor Vehicles shall require every applicant for a certificate of title to supply information it considers necessary as to the time of purchase, the purchase price, and other information relative to the determination of fair market value. If the fee is based upon total purchase price as defined in this subsection, the department shall require a submission of a bill of sale and the signature of the owner subject to the perjury statutes of this State.
(4) For purposes of this subsection:
(a) "Fair market value" means the total purchase price less any trade-in, or the valuation shown in a national publication of used values adopted by the department, less any trade-in.
(b) "Immediate family" means spouse, parents, children, sisters, brothers, grandparents, and grandchildren.
(c) "Total purchase price" means the price of an item agreed upon by the buyer and seller with an allowance for a trade-in, if applicable.
(D)(1) If upon purchasing or leasing the item, the owner or lessee first titles or registers the item in another state, and subsequently registers the item in this State, then the fee equals two hundred fifty dollars.
(2) This subsection does not apply if the owner or lessee of the item is serving on active duty in the Armed Forces of the United States. The exclusion allowed by this item also extends to items owned by the spouse or dependent of a person serving on active duty in the Armed Forces of the United States.
(3) Notwithstanding any other provision of this section, until after December 31, 2022, the revenue collected pursuant to this subsection must be credited to the Safety Maintenance Account established pursuant to Section 11-11-240. After December 31, 2022, the revenue collected pursuant to this subsection must be credited to the Infrastructure Maintenance Trust Fund.
(E)(1)(a) The Department of Motor Vehicles shall transfer eighty percent of every fee collected on motor vehicles pursuant to subsections (B) and (C), but not to exceed two hundred forty dollars, to the Department of Transportation to be allocated to the state-funded resurfacing program. The Department of Transportation shall develop and implement a needs-based methodology to distribute revenue within the state-funded resurfacing program, which shall include consideration of pavement condition on a county-by-county basis, to ensure that each county in the State is guaranteed funding for resurfacing.
(b) The Department of Motor Vehicles shall transfer twenty percent of every fee collected on motor vehicles pursuant to subsections (B) and (C), but not to exceed sixty dollars, to the South Carolina Education Improvement Act of 1984 Fund.
(2) The Department of Transportation shall reduce the allocation to the state-funded resurfacing program required in item (1) in proportion to the amounts transferred to the South Carolina Transportation Infrastructure Bank pursuant to subsection (F) and in proportion to the amounts required by the Department of Transportation to fund repairs, maintenance, and improvements to the existing transportation system.
(F)(1) The Department of Transportation shall identify bridge and road projects to be financed utilizing nontax revenue transferred to the bank by the Department of Transportation in an amount equal to the financing requirements related to projects selected pursuant to this section, provided that:
(a) Fifty million dollars in revenue utilized by the bank shall be used to finance bridge replacement, rehabilitation projects, and expansion and improvements on existing roads in the State Highway System.
(b) Funds in excess of fifty million dollars utilized by the bank shall be used to finance expansion and improvements to existing mainline interstates.
(2) Funds transferred to the bank pursuant to this section may not be used to finance projects approved by the bank before July 1, 2013. The bank shall submit all projects proposed to be financed pursuant to subsection (B) to the Joint Bond Review Committee as provided in Section 11-43-180, before approving a project for financing.
(3) Following consideration by the Joint Bond Review Committee, the bank shall approve the projects to be financed. Upon approval, the bank shall provide the Department of Transportation with written notice that identifies each project selected, the amount of nontax revenue that must be transferred to the bank for financing each project, a schedule for the transfers, and any other information necessary to carrying out the financing of each project.
(4) Upon receipt of the notice provided in item (3), the Department of Transportation shall transfer nontax revenue to the bank in the amounts and upon the schedule provided in the notice. The department shall take any other action identified in the notice that is necessary for financing each project.
(5) Projects financed utilizing funds transferred pursuant to this subsection shall not require a local match.
(G) The Secretary of Transportation shall apply funds supplanted by the operation of this section to prioritized bridge and resurfacing needs.
(H) Notwithstanding any other provision of this section, any transaction exempt pursuant to Section 12-36-2120(25), is also exempt from the infrastructure maintenance fee.
HISTORY: 2017 Act No. 40 (H.3516), Section 5.A, eff July 1, 2017; 2021 Act No. 70 (H.3505), Section 1, eff May 17, 2021.
Effect of Amendment
2021 Act No. 70, Section 1, in (A), in the first and second sentences, inserted "or lessee" following "the owner" and "titling or" following "upon first", and in the third sentence, inserted "title or" following "issue a"; in (B), in the first sentence, inserted "or lessee" following "the owner", in the second sentence, substituted ", title, or register" for "and register", and added the third sentence; in (C), in (1), inserted "or lessee" following "the owner", and added the second sentence, in (2)(a), added (vii); and in (D), in (1), substituted "or lessee first titles or registers" for "first registers", and in (2), in the first sentence, inserted "or lessee" following "the owner", and made nonsubstantive changes.
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 moped. The department shall classify a three-wheel vehicle by the manufacturer's certificate 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.
HISTORY: 1962 Code Section 46-33; 1952 Code Section 46-33; 1949 (46) 342; 1959 (51) 391; 1996 Act No. 459, Section 134; 1999 Act No. 63, Section 6; 2000 Act No. 375, Section 5; 2001 Act No. 52, Section 1; 2006 Act No. 398, Section 1, eff September 7, 2006; 2017 Act No. 89 (H.3247), Section 15, eff November 19, 2018.
Effect of Amendment
2017 Act No. 89, Section 15, in the first sentence, substituted "moped" for "motor-driven cycle", and in the second sentence, substituted "manufacturer's certificate" for "manufacturers statement".
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.
HISTORY: 1962 Code Section 46-34; 1952 Code Section 46-34; 1949 (46) 342; 1993 Act No. 164, Part II, Section 22I.
SECTION 56-3-645. Road use fees for vehicles powered by electricity, hydrogen, and fuels other than motor fuel.
(A) In addition to the registration fees imposed by this chapter, the owner of motor vehicles that are powered:
(1) exclusively by electricity, hydrogen, or any fuel other than motor fuel, as defined in Section 12-28-110(39), that are not subject to motor fuel user fees imposed by Chapter 28, Title 12 shall pay a biennial road use fee of one hundred twenty dollars; and
(2) by a combination of motor fuel subject to motor fuel user fees imposed by Chapter 28, Title 12 and electricity, hydrogen, or any fuel other than motor fuel that is not subject to motor fuel user fees imposed by Chapter 28, Title 12 shall pay a biennial road use fee of sixty dollars.
(B) All of the fees collected pursuant to this section must be credited to the Infrastructure Maintenance Trust Fund.
(C) The Department of Motor Vehicles shall collect this fee at the same time as the vehicle subject to the fee is titled or registered.
HISTORY: 2017 Act No. 40 (H.3516), Section 6.A, eff January 1, 2018; 2021 Act No. 70 (H.3505), Section 2, eff May 17, 2021.
Effect of Amendment
2021 Act No. 70, Section 2, in (C), inserted "titled or" following "subject to the fee is".
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.
HISTORY: 1962 Code Section 46-34.1; 1966 (54) 2339; 1993 Act No. 181, Section 1363.
SECTION 56-3-660. Fees for self-propelled property carrying vehicles; determination of vehicle gross weight; registration of 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 small commercial motor vehicle, as defined in Section 12-37-2810, 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 small commercial motor vehicles 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. A proportionate fee may not 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. For the purpose of registering a vehicle under the International Registration Plan, a motor carrier selecting South Carolina as its base jurisdiction must own or lease real property used directly in the transportation of freight or persons within the State.
(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 a large commercial motor vehicle, as defined in Section 12-37-2810 pursuant to the payment provisions outlined in Section 12-37-2840. The department may require any information necessary to complete the transaction. A large commercial motor vehicle shall register annually rather than biennially.
(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.
(G) Fees for licensing and registration, and fees imposed pursuant to Article 23, Chapter 37, Title 12, may be credited or prorated as prescribed by the Department of Motor Vehicles.
HISTORY: 1962 Code Section 46-35; 1952 Code Section 46-35; 1949 (46) 342; 1959 (51) 391; 1960 (51) 1540; 1972 (57) 2266; 1976 Act No. 738 Section 5; 1981 Act No. 177 Section 12; 1985 Act No. 201, Part II, Section 22A; 1986 Act No. 540, Part II, Section 20; 1989 Act No. 44, Section 1; 1991 Act No. 148, Section 1; 1992 Act No. 384, Section 1; 1993 Act No. 164, Part II, Section 22J; 1996 Act No. 459, Section 135; 2017 Act No. 40 (H.3516), Sections 8.E to 8.G, eff January 1, 2019; 2021 Act No. 37 (H.3689), Section 2, eff May 6, 2021.
Editor's Note
2017 Act No. 40, Sections 8.L, 8.M, provide as follows:
"L. (1) Notwithstanding any provision to the contrary within this SECTION, a person who registers a vehicle for use in this State pursuant to Article 23, Chapter 37, Title 12, as amended by this act, must register his vehicle during calendar year 2019 and is required to pay the road fees calculated based on the fair market value of the vehicle as specified in Sections 12-37-2820 and 12-37-2850 at the time the vehicle's registration fees are paid.
"(2) Notwithstanding the provisions in Section 12-37-2865(B) and (C), as contained in this SECTION, to the contrary, during calendar year 2019, the first four hundred thousand dollars of fee revenue collected pursuant to Section 12-37-2865 must be retained by the Department of Motor Vehicles to defray programming costs.
"(3) The initial millage required by Section 12-37-2850 must be calculated on or before June 1, 2018.
"M. This SECTION takes effect January 1, 2019, except that the Department of Revenue, in consultation with the Revenue and Fiscal Affairs Office, shall calculate the millage to be used to calculate the road use fee provided in Section 12-37-2850 by July 1, 2018."
Effect of Amendment
2017 Act No. 40, Section 8.E, in (A), in the fourth sentence, substituted "small commercial motor vehicle, as defined in Section 12-37-2810," for "vehicle of this classification", and, in the fifth sentence, substituted "A proportionate fee may not" for "No proportionate fee may".
2017 Act No. 40, Section 8.F, added (G), providing the fees for licensing and registration may be credited or prorated.
2017 Act No. 40, Section 8.G, rewrote (E), providing that the department may register a large commercial motor vehicle for the payment of one-half of the state's portion of the license and road fee.
2021 Act No. 37, Section 2, in (C), added the second sentence; and rewrote (E).
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).
HISTORY: 2002 Act No. 301, Section 3.
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 special restricted account by the Comptroller General to be used by the Department of Public Safety for the administration and enforcement of the provisions contained in Articles 3 and 5 of Chapter 23, Title 58, and for the building or renovation of weigh stations. All unexpended funds from prior years collected under this section may be retained and carried forward by the Department of Public Safety and used for these purposes.
HISTORY: 2002 Act No. 301, Section 3.
SECTION 56-3-663. Reciprocal agreements.
The Department of Motor Vehicles is authorized to enter into reciprocal agreements with the regulatory agencies of other states having jurisdiction and authority over motor carriers to provide for base state agreements in which the registration of interstate carriers operating in participating states may be accomplished by registration in one base state. Carriers registering in this State under these agreements are subject to the jurisdiction and authority of the Department of Public Safety and the Department of Motor Vehicles for enforcement purposes. When the carrier's base state is South Carolina, the Department of Motor Vehicles may require further filings of certificates of insurance, surety bonds, and other documents to show the carrier's qualifications to operate. Participating carriers shall register their authority directly with the Department of Motor Vehicles and not with other state or local agencies.
HISTORY: 2002 Act No. 301, Section 3.
SECTION 56-3-665. Proof 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 1986 for those vehicles to which the taxes are required.
HISTORY: 1986 Act No. 373, Section 6; 1996 Act No. 459, Section 136.
SECTION 56-3-670. Fees for farm truck licenses; violations; penalties.
(A) For the purpose of this section, "farm truck" is defined as a truck used exclusively by the owner for agricultural, horticultural, dairying, livestock, and poultry operations and includes transporting farm processed horticultural products, including soil amendments and mulches owned by the truck's owner or another person, including first market. However, farm trucks with an empty weight of less than seven thousand five hundred pounds may be used for ordinary domestic purposes and general transportation but must not be used to transport persons or property for hire. No part of this definition may be interpreted to exempt any commercial motor vehicle less than 26,001 pounds GVW/GVWR/GCW/GCWR from all or part of state laws or regulations applicable to intrastate commerce if the vehicle:
(1) transports hazardous materials requiring a placard; or
(2) is designed or used to transport sixteen or more people, including the driver.
(B) The Department of Motor Vehicles shall issue to bona fide farmers special farm vehicle licenses on an annual basis for farm trucks for a fee as follows according to the gross vehicle weight of the truck:
Gross Vehicle Weight Fee (1)Up to 26,499 pounds$12.00 (2)26,500 to 32,499 pounds$15.00 (3)32,500 to 42,500 pounds$30.00 (4)42,501 to 52,500 pounds$60.00 (5)52,501 to 62,500 pounds$80.00 (6)62,501 to 72,500 pounds$100.00 (7)72,501 to 80,000 pounds$120.00.
Nothing in this section exempts farm vehicles from gross weight-axle requirements contained in Section 56-5-4140.
(C) A person who is issued a farm license plate for the purpose defined in this section and uses the license plate for purposes other than those defined is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days, or both.
HISTORY: 1962 Code Section 46-35.1; 1952 Code Section 46-35; 1949 (46) 342; 1959 (51) 391; 1960 (51) 1728; 1979 Act No. 83 Section 1; 1993 Act No. 164, Part II, Section 39A; 1993 Act No. 164, Part II, Section 22K; 1994 Act No. 417, Section 5; 1996 Act No. 392, Section 1; 1996 Act No. 459, Section 137; 2002 Act No. 340, Section 7; 2005 Act No. 62, Section 1, eff May 16, 2005; 2006 Act No. 398, Section 17, eff September 7, 2006; 2012 Act No. 180, Section 3, eff May 25, 2012.
SECTION 56-3-700. Fee for trailers, semitrailers, and pole trailers; exemptions.
For every trailer, semitrailer, or pole trailer, not exempted by Section 56-3-120(5), the biennial registration fee is twenty dollars. The Department of Motor Vehicles must include in this classification every trailer, semitrailer, or pole trailer designed for carrying property, except house trailers, utility trailers, those trailers and semitrailers exempted by Section 56-3-120(5), and boat trailers as otherwise provided in this article. Semitrailers or pole trailers weighing less than five hundred pounds with load capacity of less than one thousand pounds and trailers and semitrailers with an actual unloaded weight of fifteen hundred pounds or less and carrying a load capacity not exceeding twenty-five hundred pounds and which are designed, adapted, and used exclusively for agriculture, horticulture, or livestock-raising operations or for lifting or carrying an implement of husbandry need not be registered or licensed.
HISTORY: 1962 Code Section 46-35.2; 1952 Code Section 46-35; 1949 (46) 342; 1959 (51) 391; 1960 (51) 1962; 1993 Act No. 164, Part II, Section 22L; 1997 Act No. 125, Section 1J.
SECTION 56-3-710. Fees for house trailers.
For every house trailer the biennial fee is twelve dollars. The Department of Motor Vehicles shall classify as a "house trailer" every trailer or semitrailer which is designed, constructed, and equipped as a dwelling, living abode, or sleeping place, permanently or temporarily, and is equipped for use as a conveyance on streets or highways or a trailer or semitrailer of similar nature whose chassis and exterior shell is designed and constructed for use permanently or temporarily for advertising, sales, display, or promotion of merchandise or services or for another commercial purpose, except the transportation of property for hire or the transportation of property for distribution by a private carrier. The department may not license and register a house trailer which exceeds the permissible size limitations prescribed in Sections 56-5-4030, 56-5-4060, and 56-5-4070, but the house trailers permitted to be moved over the highways by the department under special permits issued pursuant to Sections 57-3-130 to 57-3-190 shall pay to the Department of Transportation a fee of five dollars a trip.
HISTORY: 1962 Code Section 46-35.3; 1952 Code Section 46-35; 1949 (46) 3 2; 1959 (51) 391; 1993 Act No. 164, Part II, Section 22M; 1996 Act No. 459, Section 138.
SECTION 56-3-720. Fees for camper or travel trailers; distinctive tag.
For every camper or travel trailer the biennial registration fee is ten dollars. The Department of Motor Vehicles must include in this classification every trailer not more than thirty-five feet long and eight feet wide primarily equipped, designed, converted, or used for private living quarters and towed by a motor vehicle. The department shall design a distinctive tag which must be displayed on the exterior of the rear of the trailer in a conspicuous place.
HISTORY: 1962 Code Section 46-35.6; 1968 (55) 2453; 1977 Act No. 63; 1993 Act No. 164, Part II, Section 22N; 1996 Act No. 459, Section 139.
SECTION 56-3-730. Owner shall select load capacity classification; changes.
The owner of a vehicle classified under Sections 56-3-130 and 56-3-660 to 56-3-710, may register and license such vehicle for the desired load capacity classification, and a previous registration and license for a particular load capacity classification for a particular vehicle shall not be deemed as fixing the load capacity classification on such vehicle for future registrations and licenses or renewals. Also the owner may have the privilege at any time during a then current registration and license period to raise the load classification for a vehicle by making application therefor to the Department of Motor Vehicles and paying the required increased differential in fee, but the owner may not have the privilege of reducing the load classification for a particular vehicle until the expiration of the then current registration and license period.
HISTORY: 1962 Code Section 46-36; 1952 Code Section 46-36; 1949 (46) 342.
SECTION 56-3-740. Fees for trackless trolley buses.
For every trackless trolley bus the biennial registration fee is four hundred dollars for each bus weighing not over fifteen thousand pounds, exclusive of passengers, and for each bus weighing more than fifteen thousand pounds, exclusive of passengers, an additional forty dollars for each additional one thousand pounds of weight or fraction. The Department of Motor Vehicles must include under this classification every bus propelled by electric power obtained from overhead trolley wires but not operated upon rails.
HISTORY: 1962 Code Section 46-37; 1952 Code Section 46-37; 1949 (46) 342; 1993 Act No. 164, Part II, Section 22O.
SECTION 56-3-750. Fees for special mobile equipment vehicles.
For every special mobile equipment vehicle not exempt from the payment of a biennial registration and license fee under Section 56-3-120 the biennial registration fee is ten dollars for each vehicle having a gross weight of not more than four thousand pounds, and for every vehicle having a gross weight of more than four thousand pounds, an additional eight dollars for each additional one thousand pounds of weight or fraction over four thousand pounds.
HISTORY: 1962 Code Section 46-38; 1952 Code Section 46-38; 1949 (46) 342; 1993 Act No. 164, Part II, Section 22P.
SECTION 56-3-760. Fees for motorcycles, motorcycle three-wheel vehicles, and motor-driven cycles.
For every motorcycle, motorcycle three-wheel vehicle, or moped the biennial registration fee is ten dollars.
HISTORY: 1962 Code Section 46-39; 1952 Code Section 46-39; 1949 (46) 342; 1986 Act No. 540, Part II, Section 42B; 1993 Act No. 164, Part II, Section 22Q; 2000 Act No. 375, Section 6; 2017 Act No. 89 (H.3247), Section 16, eff November 19, 2018.
Effect of Amendment
2017 Act No. 89, Section 16, substituted "moped " for "motor-driven cycle".
SECTION 56-3-770. Fees for vehicles equipped with solid tires.
The biennial registration and license fee for every motor vehicle, trailer, semitrailer, pole trailer, or special mobile equipment vehicle equipped with solid tires is double the biennial fee otherwise specified in this article.
HISTORY: 1962 Code Section 46-40; 1952 Code Section 46-40; 1949 (46) 342; 1993 Act No. 164, Part II, Section 22R.
SECTION 56-3-780. Permanent license plates and fees for vehicles of State, political subdivisions, or Civil Air Patrol; transferability.
(A) Permanent license plates must be issued by the Department of Motor Vehicles for all motor vehicles operated by the State or its political subdivisions. The license fee, including registration, is two dollars. Permanent plates must bear the words "South Carolina", the number, and a prefix "SG", "RG", "CG", or "MG" to designate respectively state government, regional government, county government, or municipal government. The department may issue a permanent license plate to vehicles used by state or local law enforcement agencies. The fee for the permanent plate is two dollars. A decal may be issued to designate the law enforcement agency. The department may charge a reasonable fee to cover the cost of the decal.
(B) All other vehicles operated by the State or its subdivisions and the Civil Air Patrol must be registered and licensed for a biennial fee of two dollars and must be issued plates in accordance with Section 56-3-1710.
(C) Registration and licenses issued under this section are not transferable except to another agency or department of government.
HISTORY: 1962 Code Section 46-41; 1952 Code Section 46-41; 1949 (46) 342; 1957 (50) 253; 1967 (55) 588; 1978 Act No. 538; 1993 Act No. 164, Part II, Section 22S; 1996 Act No. 459, Section 140; 2000 Act No. 286, Section 2.
SECTION 56-3-785. Issuance of permanent license plates to certain owners of trailers and semi-trailers; fees; design.
(A) Upon proper application, the Department of Motor Vehicles may issue a registration and license plate on a permanent basis for semitrailers, regular trailers, and utility trailers.
(B) The fee for the license is seventy-five dollars for each semitrailer, regular trailer, and utility trailer, and is not transferable. The fee must be paid in one sum. After the initial issuance of the license the owner shall remit annually to the department on a form furnished by the department a report of the units still in use and units which must be deleted and return the licenses issued to the units no longer in use. Failure to furnish required forms by the due date established by the department results in a fine not to exceed fifty dollars. A permanent license may be purchased for chassis, specially constructed to transport international shipping containers, without being required to furnish a South Carolina address if the chassis is not for domicile.
(C) The license plate must be the same size of regular license plates and design as specified by the department.
HISTORY: 1985 Act No. 201, Part II, Section 71; 1989 Act No. 113, Section 1.
SECTION 56-3-790. Fees for certain motor vehicles used in rescue work.
The Department of Motor Vehicles shall issue a license upon the payment of a five dollar fee to any chartered volunteer rescue league in this State for any motor vehicle owned and operated by it solely for rescue work without charge.
HISTORY: 1962 Code Section 46-41.1; 1965 (54) 558; 1993 Act No. 181, Section 1364.
SECTION 56-3-830. Postage charge.
The Department of Motor Vehicles may charge an additional fee of fifteen cents postage for every license mailed to the owner.
HISTORY: 1962 Code Section 46-44; 1952 Code Section 46-44; 1949 (46) 342.
SECTION 56-3-840. Delinquent registration and license penalties.
The owner of every vehicle required to be registered and licensed under the provisions of this chapter who fails to register and license the vehicle and pay the specified fees or renewal, when and as required, upon registering the vehicle shall pay to the Department of Motor Vehicles a delinquency penalty fee of ten dollars, if the owner is delinquent less than fifteen days. If the owner is delinquent by fifteen days but less than thirty days, he shall pay a delinquency penalty of twenty-five dollars. If the owner is delinquent by more than thirty days but less than ninety days, he shall pay a delinquency penalty fee of fifty dollars to the department. If the owner is delinquent by more than ninety days, he shall pay a delinquency penalty fee of seventy-five dollars to the department. However, there is no delinquency penalty fee for campers and travel trailers subject to the registration fee under Section 56-3-720.
A person who drives, moves, or operates on a highway a vehicle for which a registration and license are required but have not been obtained within thirty days of the date when required is guilty of a misdemeanor.
All monies collected pursuant to this section, not to exceed the actual revenues collected in fiscal year 1999-2000, must be annually deposited to a separate account and held in reserve for the Department of Public Safety. Notwithstanding any other provision of law, these monies must be deposited to the credit of the department into a special fund in the office of the State Treasurer designated as the "Department of Public Safety Building Fund". The Department of Public Safety must use these monies and other unobligated monies for the purpose of issuing revenue bonds or for entering into a lease purchase agreement for a headquarters facility, including the renovation of existing facilities. The Department of Public Safety is authorized to initiate and direct a capital project to purchase or construct a new headquarters facility. Projects funded under this section other than for the construction or purchase of a new headquarters facility, including but not limited to, the expansion or renovation of an existing facility, must be approved by a joint resolution provided that if the Department of Public Safety employs a lease purchase agreement to build or purchase a new headquarters facility, the lease purchase agreement must be approved by the State Department of Administration or State Fiscal Accountability Authority, as appropriate. The cost of a headquarters facility must not exceed thirty million dollars unless a parking facility or garage is required.
HISTORY: 1962 Code Section 46-45; 1952 Code Section 46-45; 1949 (46) 342; 1984 Act No. 371, Section 2; 1990 Act No. 612, Part II, Section 61; 1999 Act No. 100, Part II, Section 88; 2000 Act No. 387, Part II, Section 89A; 2008 Act No. 353, Section 2, Pt 12E, eff July 1, 2009.
SECTION 56-3-860. Accepting uncertified checks for license fees.
The Department of Motor Vehicles may, in the discretion of the director of the department, accept uncertified checks of an applicant-owner in payment for license fees charged for the issuance of license plates for motor vehicles, trailers, semitrailers, pole trailers and motor vehicle dealers.
HISTORY: 1962 Code Section 46-47; 1952 Code Section 46-47; 1950 (46) 2203; 1951 (47) 533; 1993 Act No. 181, Section 1365.
SECTION 56-3-870. Procedure if uncertified check is returned unpaid.
If an uncertified check is accepted by the Department of Motor Vehicles as payment for the fees due on account of the issuance of license plates and such check is returned to the Department unpaid for any cause whatsoever, the Department may suspend or cancel the registration and license purchased by check and repossess the registration card, license plates or other documents issued by the Department, and the applicant-owner shall pay to the Department the amount of ten dollars to cover the cost of repossession and collection if the license and registration are suspended or cancelled.
HISTORY: 1962 Code Section 46-48; 1952 Code Section 46-48; 1950 (46) 2203; 1951 (47) 533.
SECTION 56-3-890. Refunds when application is refused or rejected; refund of fees collected in error.
Whenever any application made 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 or any amount over and above the required correct fee, such fee or amount shall be refunded to the person paying it upon the initiative of the Department or upon application therefor made within six months after the date of such payment or overpayment.
HISTORY: 1962 Code Section 46-50; 1952 Code Section 46-50; 1950 (46) 2203.
SECTION 56-3-900. Procedures for refund when vehicle is not used or is destroyed.
(A) When a vehicle is registered and licensed under this chapter and the required fee is paid but it has not been operated in this State or elsewhere as a vehicle registered and licensed under the laws of this State since the beginning of the registration and license period for which the registration and license fee was paid and a claim is filed with the Department of Motor Vehicles for a refund within ninety days after the date of the registration and license and the claim is supported by evidence of nonoperation satisfactory to the department and is accompanied by the return of the registration card and license plates, or satisfactory proof that the card or plates have been lost, the department may make refund to the original payer of the full amount of the biennial registration and license fee.
(B) When a vehicle is registered and licensed under this chapter and the required fee is paid and the vehicle is junked or totally destroyed during the registration and license period for which the fee was paid and a claim is filed with the department for refund within ninety days after the date the vehicle was junked or destroyed and the claim is supported by evidence satisfactory to the department and is accompanied by the return of the registration card and license plates or sufficient proof that the card or plates have been lost, the department may refund the proportionate part of the license and registration fee paid, based on one twelfth of the fee paid for every full calendar month remaining if the vehicle received an annual registration, one twenty-fourth of the fee paid for every full calendar month remaining if the vehicle received a biennial registration, and one-sixth of the fee paid for every full calendar month remaining if the vehicle received a six-month registration in the registration and license period. However, no refund of less than ten dollars may be made under this section.
(C) When a vehicle is sold and is licensed and registered with a South Carolina apportioned license plate and the required fee has been paid, the registrant may apply for a refund of the South Carolina apportioned fee based on the full months remaining in the license period within ninety days of the date of sale. Notification of the sale must be provided to the department along with the license plate and registration card. No refund may be made for less than ten dollars.
HISTORY: 1962 Code Section 46-51; 1952 Code Section 46-51; 1949 (46) 342; 1951 (47) 527; 1955 (49) 142; 1990 Act No. 543, Section 1; 1993 Act No. 164, Part II, Section 22T.
SECTION 56-3-905. Motor vehicle registration refund.
Notwithstanding the provisions of Section 56-3-900, when the owner or lessee of a motor vehicle or vehicle including, but not limited to, trailers and semitrailers, licensed and registered for a biennium pursuant to Section 56-3-253 surrenders the license plate and registration to the Department of Motor Vehicles in the first twelve months of the licensing period, the department shall refund to the owner or lessee an amount equal to one-half the registration fee paid on the vehicle. If the owner or lessee is simultaneously registering another vehicle, the refund amount, at the owner's or lessee's option, may be applied against the registration fee due.
HISTORY: 1994 Act No. 417, Section 2.
SECTION 56-3-910. Placement of fees and penalties in state highway account of South Carolina Transportation Infrastructure Bank; exceptions; reports.
All fees and penalties collected by the department under the provisions of this chapter must be placed in the state highway account of the South Carolina Transportation Infrastructure Bank except for those fees and penalties which must be credited to a different account as otherwise provided for by law.
Not later than September first of each year, the department must provide the South Carolina Transportation Infrastructure Bank a report for the previous fiscal year that lists the total amount of fees and penalties it collected pursuant to Sections 56-3-660 and 56-3-670 by vehicle classification and weight.
HISTORY: 1962 Code Section 46-52; 1952 Code Section 46-52; 1949 (46) 342; 1993 Act No. 181, Section 1366; 1997 Act No. 148, Section 4; 2000 Act No. 387, Part II, Section 98A; 2005 Act No. 57, Section 1, eff May 17, 2005; 2005 Act No. 176, Section 12, eff June 14, 2005; 2009 Act No. 18, Section 1, eff May 19, 2009.
SECTION 56-3-920. Fees additional to public service fees.
The registration and license fees imposed by this article shall be in addition to any fees required by law to be paid to the Public Service Commission, and nothing in this chapter shall affect or impair the provisions of Chapter 23 of Title 58.
HISTORY: 1962 Code Section 46-53; 1952 Code Section 46-53; 1949 (46) 342.
ARTICLE 6
Corporate-Owned Fleet Motor Vehicles
SECTION 56-3-1010. Definitions.
As used in this article:
(1) "Fleet" means fifty or more marked private passenger motor vehicles or property carrying vehicles with empty weight of not more than twenty-two thousand pounds and a gross vehicle weight of not more than twenty-six thousand pounds, owned or long-term leased by a corporation or other legal entity, and registered in this State pursuant to this article.
(2) "Marked vehicle" means a vehicle with a name, trademark, or logo located either on the sides or the rear of the vehicle in sharp contrast to the background and of a size, shape, and color that is legible during daylight hours from a distance of fifty feet.
HISTORY: 1993 Act No. 164, Part II, Section 90; 1994 Act No. 322, Section 1; 1996 Act No. 459, Sections 141, 246A; 2004 Act No. 196, Section 1.
SECTION 56-3-1020. Corporation or other entity may register vehicles as fleet on annual basis; special license plates and registration cards; application and fee.
A corporation or other legal entity may register its fleet on an annual basis so that the registration of all vehicles in the fleet expires in the same month instead of staggered vehicle registration. The month of expiration must be approved by the Department of Motor Vehicles. The department may issue special license plates and registration cards for fleet motor vehicles upon application in a manner determined by the department. The application must be approved if it contains the information necessary for qualification as a fleet motor vehicle, provides a list of all vehicles to be included in the fleet, and includes payment of a filing fee of one hundred dollars. The filing fee is in addition to the registration fees required by this chapter. The department may authorize select fleet operators to issue special license plates and registration cards for their own fleet vehicles.
HISTORY: 1993 Act No. 164, Part II, Section 90; 1996 Act No. 459, Section 142.
SECTION 56-3-1030. Fleet registration card to be carried and made available to law enforcement officers; license plate to be displayed.
Upon approval of the application for fleet registration, the director shall issue a fleet registration card and license plate for each of the qualified vehicles in the fleet. The fleet registration card must be carried in the vehicle at all times and made available to a law enforcement officer on demand. The license plate must be displayed in the manner prescribed by the Department of Motor Vehicles.
HISTORY: 1993 Act No. 164, Part II, Section 90.
SECTION 56-3-1040. Fees for private passenger motor vehicles and property-carrying vehicles; vehicle added to fleet during registration year.
The fee for private passenger motor vehicles registered as part of a fleet under the provisions of this article is the same fee imposed by Section 56-3-620. The fee for property-carrying vehicles registered as part of a fleet under the provisions of this article is the same fee imposed by Section 56-3-660. A vehicle added to the fleet during the registration year must be registered in accordance with the provisions of this article. The fee for licensing and registration may be prorated as prescribed by the Department of Motor Vehicles.
HISTORY: 1993 Act No. 164, Part II, Section 90; 1996 Act No. 459, Section 143.
SECTION 56-3-1050. Renewal of fleet registration; deletion of vehicle from fleet.
Upon renewal of the fleet registration, the Department of Motor Vehicles shall require payment of full licensing fees for every vehicle registered in this preceding year unless the vehicle has been properly deleted from the fleet.
To delete a vehicle from the fleet, the fleet registration card and the fleet license plate must be surrendered to the department. If the card or license plate is lost or stolen, the person registering the fleet shall submit a sworn statement giving the circ*mstances for the inability to surrender the card or license plate.
HISTORY: 1993 Act No. 164, Part II, Section 90.
ARTICLE 7
Free Vehicular Registration for Disabled Veterans [Repealed]
SECTIONS 56-3-1110 to 56-3-1130. Repealed.
HISTORY: Former Section 56-3-1110, titled Special license plate for wartime disabled veteran, had the following history: 1962 Code Section 46-61; 1952 Code Section 46-61; 1950 (46) 2359; 1951 (47) 224; 1958 (50) 1664; 1959 (51) 50; 1968 (55) 2855; 1976 Act No. 562; 1979 Act No. 72; 1992 Act No. 485, Section 4; 1996 Act No. 459, Section 144; 2006 Act No. 398, Section 18, eff September 7, 2006. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
HISTORY: Former Section 56-3-1120, titled Disabled veteran special license plates authorized, had the following history: 1962 Code Section 46-62; 1952 Code Section 46-62; 1950 (46) 2359; 2001 Act No. 104, Section 5. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
HISTORY: Former Section 56-3-1130, titled Penalties, had the following history: 1962 Code Section 46-64; 1952 Code Section 46-64; 1950 (46) 2359. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
ARTICLE 8
Free Vehicular Registration for Former Prisoners of War [Repealed]
HISTORY: Former Section, titled Free vehicular registration for former prisoners of war, had the following history: 1978 Act No. 446 Section 1; 1979 Act No. 163 Section 1; 1981 Act No. 176; 1987 Act No. 129 Section 1; 1992 Act No. 485, Section 1; 1993 Act No. 181, Section 1367; 1996 Act No. 459, Section 145. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
ARTICLE 9
License Plates and Registration Cards Generally
SECTION 56-3-1210. License plates furnished by Department.
Beginning with the licensing year 1975-1976, the Department of Motor Vehicles, upon registering and licensing a vehicle, shall issue to the owner one license plate. Every license plate shall remain the property of the State but shall be displayed on the vehicle as required by this chapter.
HISTORY: 1962 Code Section 46-71; 1952 Code Section 46-71; 1949 (46) 342; 1974 (58) 2262.
SECTION 56-3-1220. Municipalities and counties shall not issue license plates.
No county or municipality shall issue a municipal or county license plate.
HISTORY: 1962 Code Section 46-71.1; 1974 (58) 2262.
SECTION 56-3-1230. Specifications of license plates; periodic issuance of new plates; treatment with reflective material; issuance of revalidation stickers.
(A) License plates must be at least six inches wide and not less than twelve inches in length and must show in bold characters the year of registration, the serial number, the full name or the abbreviation of the name of the state, and other distinctive markings the department may consider advisable to indicate the class of the weight of the vehicle for which the license plate was issued. The plate must be of a strength and quality to provide a minimum service of five years. A new license plate including personalized and special plates, but excluding license plates provided in Sections 56-3-660 and 56-3-670, must be provided by the department at intervals the department considers appropriate, but at least every ten years. A new license plate for vehicles contained in Sections 56-3-660 and 56-3-670, must be provided by the department at intervals the department considers appropriate. Beginning with the vehicle registration and license fees required by this title which are collected after July 1, 2002, except for the fees collected pursuant to Sections 56-3-660 and 56-3-670, two dollars of each biennial fee and one dollar of each annual fee collected from the vehicle owner must be placed by the Comptroller General in a special restricted account to be used solely by the Department of Motor Vehicles for the costs associated with the production and issuance of new license plates. The department is not authorized to use this set aside money for any other purpose. License plates issued for vehicles in excess of twenty-six thousand pounds must be issued biennially, and no revalidation sticker may be issued for the plates. License plates issued as permanent may be revalidated and replaced at intervals determined by the department.
(B) The face of the license plate must be treated completely with a retroreflective material which increases the nighttime visibility and legibility of the plate. The department shall prepare the specifications for the retroreflective material. In those years in which a metal plate is not issued, a revalidation sticker with a distinctive serial number or other suitable means prescribed by the department must be issued and affixed in the space provided on the license plate assigned to the vehicle upon payment of the fee prescribed for registration and licensing, including fees for personalized or special license plates.
HISTORY: 1962 Code Section 46-72; 1952 Code Section 46-72; 1949 (46) 342; 1966 (54) 2257; 1974 (58) 2262; 1978 Act No. 421 Section 2; 1978 Act No. 567 Section 1; 1990 Act No. 591, Section 1; 1990 Act No. 597, Section 1; 1993 Act No. 164, Part II, Section 22U; 1994 Act No. 497, Section 60; 2001 Act No. 55, Section 2; 2005 Act No. 57, Section 2, eff May 17, 2005; 2016 Act No. 158 (H.3911), Section 1, eff April 21, 2016.
SECTION 56-3-1240. Display of license plates; motorcycles equipped with vertically mounted brackets; missing plates.
License plates issued for motor vehicles must be attached to the outside rear of the vehicle, open to view. However, on truck tractors and road tractors the plates must be attached to the outside front of the vehicle provided that single unit commercial motor vehicles with a gross vehicle weight rating in excess of twenty-six thousand pounds may have the license plate on either the outside front or rear of the vehicle. Every license plate, at all times, must be fastened securely in a horizontal and upright position to the vehicle for which it was issued so as to prevent the plate from swinging. However, if a motorcycle is equipped with vertically mounted license plate brackets, its license plate must be mounted vertically with its top fastened along the right vertical edge. The bottom of the plate must be at a height of not less than twelve inches from the ground in a place and position clearly visible as provided in Section 56-5-4530, and it must be maintained free from foreign materials and in a clearly legible condition. No other license plate, lighting equipment, except as permitted in Section 56-5-4530, tag, sign, monogram, tinted cover, or inscription of metal or other material may be displayed above, or upon the plate other than that which is authorized and issued by the Department of Motor Vehicles for the purpose of validating the plate. It is not unlawful to place a decal or a frame on the license plate if it does not obscure any letters or numbers. A motor vehicle owner may attach a trailer hitch to a motor vehicle provided the hitch does not obscure more than two inches of the license plate issued to the motor vehicle. It is unlawful to operate or drive a motor vehicle with the license plate missing and a person who is convicted for violating this section must be punished as provided by Section 56-3-2520.
HISTORY: 1962 Code Section 46-73; 1952 Code Section 46-73; 1949 (46) 342; 1957 (50) 146; 1974 (58) 2262; 1991 Act No. 46, Section 1; 2007 Act No. 90, Section 2, eff June 14, 2007; 2008 Act No. 347, Section 1, eff June 16, 2008; 2012 Act No. 272, Section 16, eff December 26, 2012.
SECTION 56-3-1250. Registration cards; contents, possession, and display.
The department, upon registering and licensing a vehicle, shall issue to the owner of the vehicle a registration card containing upon the face of the card the date issued, the name and address of the owner, including the county in which the owner resides, the registration and license number assigned to the vehicle, and that other description of the vehicle as may be determined by the department. The registration card must be delivered to the owner. Every registration card must at all times be carried by the person driving or in control of the vehicle, who shall display it upon demand of a police officer or any other person authorized by law to examine registration cards.
HISTORY: 1962 Code Section 46-74; 1952 Code Section 46-74; 1949 (46) 342; 1968 (55) 2631; 1992 Act No. 278, Section 1; 2005 Act No. 29, Section 1, eff March 22, 2005.
SECTION 56-3-1260. Procedures upon transfer of ownership of vehicle; notice to department and disposition of plates.
Whenever the owner of a registered and licensed vehicle transfers his ownership therein, he shall immediately notify the Department of Motor Vehicles in writing, giving the name and address of the new owner and the date of transfer. The license plate issued for the vehicle shall remain with the prior owner who, within thirty days of the transfer, either shall apply for the transfer of the plate pursuant to Section 56-3-1290 or shall return the plate to the Department; in either event the registration card shall be concurrently returned to the Department. If the vehicle is registered and licensed in the name of the State, any department, agency, or political subdivision of the State, or any department or agency of such a subdivision and a reduced registration and license fee has been paid, the owner shall return the registration card and the plate issued for the vehicle to the Department for cancellation, unless the transfer is made to another like agency qualified to obtain a registration and license of the vehicle at the reduced rate.
HISTORY: 1962 Code Section 46-75; 1952 Code Section 46-75; 1949 (46) 342; 1959 (51) 391; 1984 Act No. 371, Section 3; 1985 Act No. 40, Section 5.
SECTION 56-3-1265. Display of special license plates for particular groups.
The Department of Motor Vehicles must display in all Department of Motor Vehicle offices where motor vehicle license plates or stickers may be obtained or renewed examples of all types of special license plates which individuals of a particular group may obtain. The provisions of this section do not apply to special personalized motor vehicle license plates which individuals may obtain from the department under Section 56-3-2010.
HISTORY: 2001 Act No. 55, Section 1.
SECTION 56-3-1270. Procedures upon transfer of ownership of vehicle; application for transfer and issuance of new card; fee.
Whenever any person other than a duly licensed motor vehicle dealer receives by purchase, gift, trade, or otherwise a vehicle which was registered and licensed in this State for the then current registration and license year, the person so receiving such vehicle shall within thirty days after the transfer of ownership make application to the Department of Motor Vehicles for registration and a license plate for such vehicle. The Department, upon being satisfied as to the genuineness and regularity of the application and with proof of the ad valorem tax being paid as required in Section 12-37-2610, shall issue a new registration card and license plate to the new owner.
HISTORY: 1962 Code Section 46-76; 1952 Code Section 46-76; 1949 (46) 342; 1976 Act No. 738 Section 7; 1984 Act No. 371, Section 4; 1985 Act No. 40, Section 6.
SECTION 56-3-1280. Transfer of registered and licensed vehicle to licensed dealer.
Whenever a duly licensed motor vehicle dealer receives by purchase, gift, trade, or otherwise a vehicle which was registered and licensed in this State for the then current registration and license year, the dealer shall not be required to obtain a new registration and license plate, but it shall be optional.
HISTORY: 1962 Code Section 46-77; 1952 Code Section 46-77; 1949 (46) 342; 1984 Act No. 371, Section 5.
SECTION 56-3-1290. Transfer of plates to another vehicle of same owner.
The Department of Motor Vehicles, upon application and the payment of a fee of ten dollars, shall transfer the license plate assigned for one vehicle to another vehicle of the same general type owned or leased by the same person without a paid tax receipt for the vehicle. However, subsequent transfers of a license plate to the same vehicle may not be processed without a paid tax receipt based upon the value of the vehicle to which the plate is being transferred. Three dollars of the fees paid pursuant to this section must be deposited in the state general fund, and the remaining seven dollars must be placed by the Comptroller General into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167.
HISTORY: 1962 Code Section 46-77.1; 1959 (51) 391; 1976 Act No. 738 Section 8; 1984 Act No. 371; 1994 Act No. 497, Part II, Section 106A; 2008 Act No. 353, Section 2, Pt 13B, eff July 1, 2009; 2016 Act No. 275 (S.1258), Section 30, eff July 1, 2016.
SECTION 56-3-1300. Change in name or address of owner; notice to department.
Whenever any person after making application for or obtaining the registration and licensing of a vehicle shall move from the address named in the application or shown upon the registration card, such person shall within thirty days thereafter notify the Department of Motor Vehicles in writing of his old address and new address and obtain from the Department a corrected registration card. Whenever the name of any person who has made application for or obtained the registration and licensing of a vehicle is thereafter changed by marriage or otherwise, such person shall within thirty days thereafter notify the Department of such former and new names and obtain from the Department a corrected registration card.
HISTORY: 1962 Code Section 46-78; 1952 Code Section 46-78; 1949 (46) 342; 1955 (49) 242.
SECTION 56-3-1310. Procedures for replacement of lost or damaged registration cards or license plates.
In the event any registration card or license plate is lost, mutilated or becomes illegible, the owner or legal representative or successor in the interest of the owner of the vehicle for which it was issued, as shown by the records of the Department of Motor Vehicles, shall immediately make application for and obtain a duplicate or substitute or a new registration and license under a new number, as determined to be most advisable by the Department, upon the applicant furnishing information satisfactory to the Department and the payment of any fee required under the provisions of Section 56-3-1320.
If a license plate is lost an application shall be made within ten days to the Department for replacement along with the required fee on forms prescribed by the Department. If a license plate is disfigured, mutilated or defaced to an extent to make it difficult to read, it shall be returned to the Department within ten days with an application for replacement and the required fee. The Department shall issue the replacement plate along with the current revalidation sticker.
HISTORY: 1962 Code Section 46-79; 1952 Code Section 46-79; 1949 (46) 342; 1978 Act No. 421 Section 3.
SECTION 56-3-1320. Fees for replacement plates and cards.
The Department of Motor Vehicles shall charge a fee of six dollars for every license plate or revalidation sticker issued as a replacement. If a special personalized plate is replaced by a new special personalized plate, the department shall charge a fee in the same amount as the original fee. The department may not charge a fee for a registration card issued as a replacement for a registered and licensed vehicle, but a fee of one dollar must be charged for every duplicate registration card issued by the department.
HISTORY: 1962 Code Section 46-80; 1952 Code Section 46-80; 1949 (46) 342; 1978 Act No. 421 Section 4; 1986 Act No. 445; 1996 Act No. 459, Section 146.
SECTION 56-3-1330. Suspension, cancellation, or revocation of cards, and plates.
The Department of Motor Vehicles may suspend, cancel, or revoke the registration and license of a vehicle, or the registration card, license plate, revalidation sticker, or other document issued by the department as authorized under this chapter in any of the following events when the:
(1) department determines to its satisfaction that such registration and license, registration card, license plate, revalidation sticker, or other document was fraudulently or erroneously issued;
(2) department determines to its satisfaction that a registered and licensed vehicle is mechanically unsafe or unfit to be operated or moved upon a highway;
(3) vehicle registered and licensed has been dismantled or wrecked;
(4) department determines that the required fee has not been paid and is not paid upon reasonable notice and demand;
(5) registration card, license plate, revalidation sticker, or other document is knowingly displayed upon a vehicle other than the one for which it was issued;
(6) department determines to its satisfaction that the owner has committed any offense under this chapter involving such registration card, license plate, revalidation sticker, or other document;
(7) department is so authorized under any other provisions of law.
HISTORY: 1962 Code Section 46-81; 1952 Code Section 46-81; 1949 (46) 342; 1978 Act No. 421 Section 5; 1993 Act No. 181, Section 1369; 1996 Act No. 459, Section 147.
SECTION 56-3-1335. Suspension of vehicle's registration for failure to pay toll; reinstatement fee.
The Department of Motor Vehicles shall suspend a motor vehicle's current registration and shall not register or reregister a motor vehicle that was operated when its driver failed to pay a toll and whose owner has an outstanding judgment for failure to pay a toll pursuant to Section 57-5-1495(E) entered against him. The suspension or denial of registration or reregistration shall remain in effect until the judgment is satisfied, evidence of the satisfaction has been provided to the Department of Motor Vehicles, and a reinstatement fee of fifty dollars has been paid. The reinstatement fee collected must be placed by the Comptroller General into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167.
HISTORY: 2006 Act No. 267, Section 1, eff nine months after approval (approved May 2, 2006); 2016 Act No. 275 (S.1258), Section 31, eff July 1, 2016.
SECTION 56-3-1340. Suspension of driver's license does not automatically suspend registration or license plates.
The suspension of a license issued by the Department of Motor Vehicles to any person to operate a motor vehicle on the highways of the State shall not serve to automatically suspend the registration or license plates.
HISTORY: 1962 Code Section 46-81.1; 1963 (53) 501; 1993 Act No. 181, Section 1370.
SECTION 56-3-1350. Return of suspended, cancelled, or revoked cards, and plates.
Whenever the Department of Motor Vehicles, as authorized under this chapter, cancels, suspends, or revokes the registration and license of a vehicle or the registration card, license plate, revalidation sticker, or other document issued by it pursuant to this chapter, the owner or person in possession of the document shall immediately return it to the department. The department in all cases shall furnish the person returning the document with a receipt indicating the date of surrender.
HISTORY: 1962 Code Section 46-82; 1952 Code Section 46-82; 1949 (46) 342; 1978 Act No. 421 Section 6; 1989 Act No. 148, Section 37.
SECTION 56-3-1360. Use of license plate on vehicle other than vehicle for which plate was issued.
No person shall drive or operate any motor vehicle, trailer, semitrailer or pole trailer on a highway displaying thereon a vehicle license plate which was issued for any other vehicle, and no person shall give, sell, lend, steal or borrow any vehicle license plate issued for a particular vehicle for the purpose of using such license plate on any other vehicle.
HISTORY: 1962 Code Section 46-83; 1952 Code Section 46-83; 1949 (46) 342.
SECTION 56-3-1370. Defacement of license plates; seizure of misused, altered, or defaced plates.
No person shall, with intent to defraud, deface or cause to be defaced in any manner any vehicle license plate issued by the Department of Motor Vehicles. Any duly authorized agent of the Department may take up, repossess or recover any license plate if it is being improperly used or if it has been altered or defaced, and the Department may revoke the registration and license of the vehicle involved.
HISTORY: 1962 Code Section 46-84; 1952 Code Section 46-84; 1949 (46) 342; 1957 (50) 595.
SECTION 56-3-1380. Return of registration card and license plates for wrecked or dismantled vehicle.
An owner who dismantles or wrecks a vehicle registered and licensed pursuant to this chapter shall forward to the Department of Motor Vehicles the registration card, license plate, and revalidation sticker last issued for the vehicle. A person or entity who disposes of a vehicle to a demolisher or secondary metals recycler shall provide the vehicle's title certificate to the demolisher or secondary metals recycler so that the demolisher or secondary metals recycler can surrender the title certificate to the Department of Motor Vehicles pursuant to Sections 56-5-5670 and 56-5-5945.
HISTORY: 1962 Code Section 46-85; 1952 Code Section 46-85; 1949 (46) 342; 1978 Act No. 421 Section 7; 2012 Act No. 242, Section 5, eff December 15, 2012.
SECTION 56-3-1410. Fraudulent alteration or forgery of documents; use of altered or forged documents.
It is a misdemeanor, punishable as prescribed in this chapter, for any person (a) to alter, with fraudulent intent, any document issued by the Department of Motor Vehicles as authorized under this chapter except a registration card or license plate, (b) to forge or counterfeit any such document issued or purported to have been issued by the Department or (c) to hold or use any such document, knowing it to have been altered, falsified or forged.
HISTORY: 1962 Code Section 46-86; 1952 Code Section 46-86; 1949 (46) 342; 1957 (50) 595.
ARTICLE 10
Year of Manufacture Motor Vehicle License Plates
SECTION 56-3-1450. Year of manufacture license plates.
(A) An owner of a motor vehicle that is thirty years old or older, may apply to the department to use a license plate issued by this State in the year corresponding to the model year of the vehicle, if the license plate is legible and serviceable, as determined by the department. If the department determines that the plate is legible and serviceable, the applicant must submit the regular vehicle registration fee contained in Article 5, Chapter 3 of this title, and the special license plate fee required by Section 56-3-2020. The biennial renewal fee for these plates shall be the regular vehicle registration fee contained in Article 5, Chapter 3 of this title, and the special license plate fee required by Section 56-3-2020.
(B) Once the department approves use of the plate and the applicant submits the required fees, the department shall register the plate to the applicant. The department may not register a license plate that has a sequence of numbers, letters, or other characters identical to any other license plate already issued by the department. The applicant may only use the special license plate on the vehicle with which the license plate registration corresponds.
(C) License plates registered pursuant to this section may only be transferred to vehicles of the same model year as the year the license plate was originally issued.
HISTORY: 2006 Act No. 399, Section 1, eff six months after approval (approved September 29, 2006).
ARTICLE 11
Special License Plates; Amateur Radio Operators
SECTION 56-3-1510. Special license plates authorized for amateur radio operators; fee.
The Department of Motor Vehicles may issue special motor vehicle license plates to persons who hold unrevoked and unexpired amateur radio licenses of a renewable nature issued by the Federal Communications Commission for private passenger motor vehicles registered in the same name. The biennial fee for the special license plates is two dollars in addition to the regular motor vehicle registration fee prescribed by Article 5 of this chapter. Only one set of the special plates may be issued to a person.
HISTORY: 1962 Code Section 46-95; 1954 (48) 1543; 1955 (49) 593; 1963 (53) 81; 1964 (53) 1901; 1993 Act No. 164, Part II, Section 22V; 1996 Act No. 459, Section 148.
SECTION 56-3-1520. Applications.
Applications for special license plates, as authorized under this article, must be made on forms provided by the Department of Motor Vehicles, contain proof satisfactory to the department that the applicant holds an unrevoked and unexpired amateur radio license, and state the call letters assigned to the applicant.
HISTORY: 1962 Code Section 46-95.1; 1954 (48) 1543; 1955 (49) 593; 1993 Act No. 164, Part II, Section 22W; 1996 Act No. 459, Section 149.
SECTION 56-3-1530. Design of plates; duration.
The special license plates must be of the same size and general design of regular motor vehicle license plates, upon which must be imprinted the official amateur radio call letters of the persons assigned by the Federal Communications Commission. The special plates are for biennial periods which expire twenty-four months from the month it is issued.
HISTORY: 1962 Code Section 46-95.2; 1954 (48) 1543; 1955 (49) 593; 1963 (53) 81; 1993 Act No. 164, Part II, Section 22X; 1996 Act No. 459, Section 150.
SECTION 56-3-1540. Transfer to another vehicle of same owner; display on unauthorized car; return on loss of radio license.
Special license plates issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made therefor and approved by the Department of Motor Vehicles. It shall be unlawful for any person to whom such special license plates have been issued to knowingly permit such plates to be displayed on any vehicle except the one authorized by the Department. If the amateur radio license of a person holding a special license plate issued pursuant to this article shall be cancelled or rescinded by the Federal Communications Commission, such person shall immediately return the special license plate to the Department.
HISTORY: 1962 Code Section 46-95.4; 1954 (48) 1543; 1955 (49) 593; 1963 (53) 81.
Any person violating any of the provisions of this article or any person who (a) fraudulently gives false or fictitious information in any application for a special license plate, as authorized in this article, (b) conceals a material fact or (c) otherwise commits a fraud in any such application or in the use of any special license plate issued shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one hundred dollars or thirty days' imprisonment, or both.
HISTORY: 1962 Code Section 46-95.6; 1955 (49) 593.
SECTION 56-3-1560. Article is cumulative.
The provisions of this article shall not affect the registration and licensing of motor vehicles as required by other provisions of this chapter, but shall be cumulative thereto.
HISTORY: 1962 Code Section 46-95.5; 1954 (48) 1543; 1955 (49) 573.
ARTICLE 12
Special License Plates for Emergency Medical Technicians
SECTION 56-3-1610. Issuance of special license plates to emergency medical technicians; fee.
The Department of Motor Vehicles may issue special motor vehicle license plates to emergency medical technicians for private passenger motor vehicles registered in the name of the technicians. The biennial fee for the special license plates is thirty dollars in addition to the regular motor vehicle registration fee prescribed by Article 5 of this chapter. Only one special plate may be issued to a person.
HISTORY: 1978 Act No. 613 Section 1; 1993 Act No. 164, Part II, Section 22Y; 1996 Act No. 459, Section 151.
SECTION 56-3-1620. Applications.
Applications for special license plates, as authorized under this article, shall be made on forms provided by the Department of Motor Vehicles and shall contain proof satisfactory to the Department that the applicant has been trained as an emergency medical technician by a hospital which conducts classes in emergency medical procedures and technology.
HISTORY: 1978 Act No. 613 Section 1; 1996 Act No. 459, Section 152.
SECTION 56-3-1630. Size and design of plates; period of validity.
The special license plates must be of the same size and general design of regular motor vehicle license plates upon which must be imprinted the letters "EMT" and numbers the Department of Motor Vehicles may determine. The special plates are for biennial periods which expire twenty-four months from the month it is issued.
HISTORY: 1978 Act No. 613 Section 1; 1993 Act No. 164, Part II, Section 22Z; 1996 Act No. 459, Section 153.
SECTION 56-3-1640. Transfer of plates; use on unauthorized vehicle; return of plates on revocation of technician's license.
A special license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made therefor and approved by the Department of Motor Vehicles. It shall be unlawful for any person to whom such special license plate has been issued to knowingly permit such plate to be displayed on any vehicle except the one authorized by the Department. If the recognition of a licensee as a qualified emergency medical technician is revoked, such person shall immediately return the special license plate to the Department.
HISTORY: 1978 Act No. 613 Section 1.
SECTION 56-3-1650. Unlawful acts; penalties.
Any person violating any of the provisions of this article or who fraudulently gives false or fictitious information in any application for special license plates, as authorized in this article, conceals a material fact or otherwise commits a fraud in any such application or in the use of any special license plate issued shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one hundred dollars or thirty days' imprisonment, or both.
HISTORY: 1978 Act No. 613 Section 1.
SECTION 56-3-1660. Effect of article on rest of chapter.
The provisions of this article shall not affect the registration and licensing of motor vehicles as required by other provisions of this chapter but shall be cumulative thereto.
HISTORY: 1978 Act No. 613 Section 1.
ARTICLE 13
Special License Plates; Publicly Owned Motor Vehicles
SECTION 56-3-1710. Department shall design and supply special license plate for publicly owned motor vehicles; unlawful to operate motor vehicle without plate.
The Department of Motor Vehicles shall design and supply, at an appropriate fee, a special license plate, or supplemental plate or attachment, for use on all publicly-owned motor vehicles operated by any department or institution of the State of South Carolina, or any of its political subdivisions. It shall be unlawful for any such publicly-owned vehicle to be operated in the State of South Carolina that does not carry such official emblem, marker, or plates. Provided, however, that this provision shall not apply to the automobile supplied for the Governor's personal use, automobiles supplied to law enforcement officers, when in the opinion of the chief of the South Carolina Law Enforcement Division or the director of the department it is advisable that such automobiles not be so marked, nor to automobiles supplied to other state officials.
HISTORY: 1962 Code Section 46-95.21; 1963 (53) 358 [478]; 1993 Act No. 181, Section 1371; 1996 Act No. 459, Section 154.
Article 14
Special License Plates; Members of the United States Military Reserve [Repealed]
SECTIONS 56-3-1750 to 56-3-1780. Repealed.
HISTORY: Former Section 56-3-1750, titled Special license plates authorized for members of United States Military Reserve; fee, had the following history: 1986 Act No. 409, Section 1; 1993 Act No. 164, Part II, Section 22AA; 1993 Act No. 181, Section 1372; 1996 Act No. 459, Section 155. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
HISTORY: Former Section 56-3-1760, titled Design of plates; duration, had the following history: 1986 Act No. 409, Section 1; 1993 Act No. 164, Part II, Section 22BB. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
HISTORY: Former Section 56-3-1770, titled Transfer to another vehicle of same owner; display on unauthorized car; return by holder ceasing to be member of United States Military Reserve, had the following history: 1986 Act No. 409, Section 1. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
HISTORY: Former Section 56-3-1780, titled Relation to other provisions; penalties, had the following history: 1986 Act No. 409, Section 1. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
Article 15
Special License Plates; Members of National Guard [Repealed]
SECTIONS 56-3-1810 to 56-3-1840. Repealed.
HISTORY: Former Section 56-3-1810, titled Number of special license plates to be issued to members of National Guard, had the following history: 1962 Code Section 46-95.31; 1968 (55) 2443; 1970 (56) 1884; 1979 Act No. 35; 1996 Act No. 459, Section 156; 2013 Act No. 56, Section 2.A, eff June 12, 2013. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
HISTORY: Former Section 56-3-1815, titled Special license plates authorized for retired members of National Guard, had the following history: 1986 Act No. 409, Section 2; 1999 Act No. 63, Section 1; 2002 Act No. 193, Section 1; 2013 Act No. 56, Section 2.B, eff June 12, 2013. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
HISTORY: Former Section 56-3-1820, titled Design of plates; denotation of status; fee; duration, had the following history: 1962 Code Section 46-95.32; 1968 (55) 2443; 1970 (56) 1884; 1986 Act No. 409, Section 3; 1993 Act No. 164, Part II, Section 22C; 1996 Act No. 422, Section 4 and Act No. 425, Section 9; 1999 Act No. 63, Section 2; 2013 Act No. 56, Section 2.C, eff June 12, 2013. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
HISTORY: Former Section 56-3-1830, titled Transfer to another vehicle of same owner; display on unauthorized car; return by holder ceasing to be member of National Guard, had the following history: 1962 Code Section 46-95.33; 1968 (55) 2443; 1986 Act No. 409, Section 4; 1999 Act No. 63, Section 3. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
HISTORY: Former Section 56-3-1840, titled Penalties, had the following history: 1962 Code Section 46-95.34; 1968 (55) 2443. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
ARTICLE 16
Special License Plates; Medal of Honor Recipients [Repealed]
SECTIONS 56-3-1850 to 56-3-1880. Repealed.
HISTORY: Former Section 56-3-1850, titled Special license plate authorized for recipients of Medal of Honor; no fee, had the following history: 1979 Act No. 37; 1993 Act No. 176, Section 1; 1993 Act No. 181, Section 1373; 1996 Act No. 459, Section 157. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
HISTORY: Former Section 56-3-1855, titled Special parking privileges for Medal of Honor recipients, had the following history: 1983 Act No. 74. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
HISTORY: Former Section 56-3-1860, titled Design of plates, had the following history: 1979 Act No. 37. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
HISTORY: Former Section 56-3-1870, titled Transfer to another vehicle of same owner; prohibition on display on unauthorized car, had the following history: 1979 Act No. 37; 1993 Act No. 176, Section 1. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
HISTORY: Former Section 56-3-1880, titled Cumulative nature of article; penalties, had the following history: 1979 Act No. 37. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
ARTICLE 17
Special License Plates; Disabled Persons Required to Use Wheelchairs
SECTION 56-3-1910. License plates for handicapped persons; certification forms; duplication or forgery.
(A) As used in this article, "handicapped" means a person who has one or more of the following conditions:
(1) an inability to ordinarily walk one hundred feet nonstop without aggravating an existing medical condition, including the increase of pain;
(2) an inability to ordinarily walk without the use of, or assistance from a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistive device;
(3) a restriction by lung disease to the extent that the person's forced expiratory volume for one second when measured by spirometry is less than one liter, or the arterial oxygen tension is less than sixty mm/hg on room air at rest;
(4) requires use of portable oxygen;
(5) a cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV according to standards established by the American Heart Association. If the person's status improves to a higher level, for example as a result of bypass surgery or transplantation, he no longer meets this criteria;
(6) a substantial limitation in the ability to walk due to an arthritic, neurological, or orthopedic condition, for example, coordination problems and muscle spasticity due to conditions that include Parkinson's disease, cerebral palsy, or multiple sclerosis; or
(7) blindness.
(B) Upon payment of the regular motor vehicle license fee, the department may issue a license plate with a special number or identification indicating that the license plate was issued to a person certified as permanently handicapped. A license plate issued pursuant to this section must be accompanied by a certification form completed by a licensed physician.
(C)(1) The department must develop a standardized certification form designed to capture criteria related information relating to persons considered handicapped. The form shall indicate whether the applicant meets one or more of the criteria, whether the condition is permanent or temporary, and if temporary, the expected duration.
(2) All persons that have been issued a handicapped license plate as of the effective date of this section will be issued a certificate upon renewal of the license plate. To renew the plate and receive the certificate, the person must be certified as permanently handicapped as provided in this section. Failure to carry a certificate as required by this section by a person that has been issued a handicapped license plate as of the effective date of this section is not a violation of the provisions of this section until after the person renews his license plate.
(D) Forms must be completed by physicians licensed to practice in South Carolina as defined in Section 40-47-5.
(E) The special license plate authorized by this section also may be issued for a vehicle of special design and equipment designed to transport a disabled person who meets the requirements of this section if the vehicle is owned and titled in the name of the disabled person or in the name of a member of his immediate family.
(F) The special license plate authorized by this section also may be issued for a vehicle of special design and equipment designed to transport a disabled person who is certified as meeting the requirements of this section for a vehicle used by an agency, organization, or facility. Proof that the agency, organization, or facility transports a handicapped or disabled person must be in a manner prescribed by the department. A certificate from a licensed physician is not required to apply for the special license plate issued to the agency, organization, or facility.
(G) When processing applications for special license plates pursuant to this section, the department also shall issue a license plate registration certificate that must be carried at all times in the vehicle driven by or transporting the disabled individual. The certificate must display the name of the individual or organization to which the plate was issued.
(H) Vehicles displaying a special handicapped license plate only may park in designated handicapped parking spaces if that vehicle is driven by or transporting the disabled individual whose name appears on the license plate registration certificate, or if the certificate lists the name of the agency, organization, or facility authorized under subsection (G). The driver of the vehicle displaying the plate must present the registration when requested by law enforcement entities or their duly authorized agents.
(I) A person who qualifies for a license plate under this section and also qualifies as a disabled veteran under Section 56-3-1110 must be issued the license plate provided for in this section free of charge.
(J)(1) Except as provided in item (2), a person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars and not more than one thousand dollars or imprisoned for not more than thirty days for each offense.
(2) A person who illegally duplicates, forges, or sells a handicapped license plate or a person who falsifies information on an application form for a handicapped license plate is guilty of a misdemeanor and, upon conviction, must be imprisoned for thirty days and fined not less than five hundred dollars and not more than one thousand dollars.
HISTORY: 1962 Code Section 46-95.41; 1968 (55) 3042; 1986 Act No. 498, Section 2; 1986 Act No. 530, Section 1; 1990 Act No. 492, Section 2; 1993 Act No. 82, Section 1993 Act No. 181, Section 1374; 2009 Act No. 24, Section 1, eff six months after approval (approved June 2, 2009).
Editor's Note
Section 56-3-1110, referenced in (I), was repealed by 2021 Act No. 38, Section 2, effective May 6, 2022. See, now, Section 56-3-14940.
SECTION 56-3-1920. Identification placards for hearing impaired licensed drivers; fees.
(A) An identification placard must be issued to a hearing impaired licensed driver upon application. The application is to be on a form prescribed by the department and may be made in person or by mail. The application must include an original certificate from a licensed physician, as defined in Section 40-47-5, that the applicant has a permanent, uncorrectable hearing loss of forty decibels or more in one or both ears. No licensed applicant may be denied a placard if the completed application includes an original certificate from a licensed physician. The placard shall expire on the licensee's birth date of the fifth calendar year after the calendar year in which a hearing impaired driver is issued a license.
(B) The placard must be rectangular in shape, approximately the same size as an average motor vehicle sun visor, as determined by the department, to enable it to be attached to a sun visor in a motor vehicle. The department shall determine the shape, size preferred, and manner in which a hearing impaired motorcycle operator is to carry or display the placard. The placard must contain the heading "Hearing Impaired Driver" in boldface type and the name, signature, and driver's license number of the hearing impaired person along with an explanation of appropriate use if the hearing impaired driver is stopped by a law enforcement officer while driving.
(C) A fee not to exceed five dollars may be charged to each applicant issued a placard in accordance with this section. These fees must be placed by the Comptroller General into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167.
HISTORY: 2012 Act No. 147, Section 3.B, eff April 23, 2012; 2016 Act No. 275 (S.1258), Section 32, eff July 1, 2016.
ARTICLE 18
Free Parking for Handicapped Persons
SECTION 56-3-1950. Definitions.
As used in this article:
(1) "Handicapped" means a person as defined in Section 56-3-1910.
(2) "Access aisle" means a designated space for maneuvering a wheelchair or other mobility device when entering or exiting a vehicle, and that is immediately adjacent to a properly designated parking space for handicapped persons, on public or private property. Access aisles must be marked so as to discourage parking in them.
HISTORY: 1978 Act No. 462 Section 1; 1979 Act No. 97 Section 1; 1983 Act No. 72 Section 1; 1986 Act No. 530, Section 2; 1992 Act No. 266, Section 1; 1993 Act No. 181, Section 1375; 1996 Act No. 459, Section 246A; 2009 Act No. 24, Section 2, eff six months after approval (approved June 2, 2009).
SECTION 56-3-1960. Temporary and permanent parking placards; illegal duplication or forgery.
(A) A person who is "handicapped" as defined in Section 56-3-1910 may apply to the department for issuance of a temporary or permanent placard. A person may be issued a temporary placard if the condition causing his handicap is expected to last for at least four months. No applicant may be denied a placard if the applicant follows the procedures established by the department and if the application is accompanied by a certificate from a licensed physician that certifies that the individual is handicapped and whether the handicap is temporary or permanent. The placards must indicate that the person is qualified to use reserved handicapped parking spaces. Applications for placards must be processed through and issued by the department's headquarters. Only one placard may be issued to an applicant. The certification procedure shall adhere to the requirements set forth in Section 56-3-1910. In conjunction with the issuance of a placard, applicants also must be issued a placard registration certificate that must be carried at all times in the vehicle driven by or transporting the handicapped individual. The certificate will display the name of the individual to which the placard was issued. A placard only can be displayed on a vehicle driven by or transporting the disabled individual whose name appears on the placard registration certificate. The department shall charge a fee of one dollar for a placard. An agency, organization, or facility that transports a disabled or handicapped person may receive a placard for each vehicle registered upon proper application and the payment of the appropriate fees.
(B) The placards authorized by this section also may be issued for a vehicle of special design and equipment designed to transport a disabled person who is certified as meeting the requirements of this section for a vehicle used by an agency, organization, or facility that is designed to transport a handicapped or disabled person if the vehicle is titled in the name of the agency, organization, or facility. Proof that the agency, organization, or facility transports a handicapped or disabled person must be in a manner prescribed by the department. A certificate from a licensed physician is not required to apply for placards issued to an agency, organization, or facility. At the time of qualification, applicants qualifying for a placard under this section also must be issued a placard registration certificate that must be carried at all times in the vehicle transporting handicapped or disabled individuals. The certificate will display the name of the agency, organization, or facility to which the placard was issued.
(C) The placards shall conform to specifications set forth in the standards established for compliance with the Americans with Disabilities Act. The design must incorporate a means for hanging the placard from a vehicle windshield rearview mirror, and:
(1) contain the International Symbol of Access;
(2) be color coded to reflect user status in the following manner:
(a) dark blue-permanently disabled; and
(b) red-temporarily disabled.
(D) Blue and red placards shall contain the qualified user's photograph. The photograph must be taken from the qualified user's driver's license or identification card on file with the department. However, a photograph is not required for a placard issued to an agency, organization, or facility.
(E) Each placard shall contain the placard's expiration date.
(F) When qualified users park in designated spaces, the placard must be displayed in the windshield of the vehicle by hanging it from the rearview mirror. In vehicles in which hanging may not be feasible, the placard must be placed on the side of the dashboard so that it is clearly visible through the windshield. When more than one placard holder is transported in the same vehicle, only one placard needs to be displayed.
(G) Placards used for parking in designated handicapped spaces must be displayed on vehicles driven by or transporting the handicapped individual whose name appears on the placard registration certificate. When parked in designated spaces, the driver of the vehicle displaying the placard must present the placard registration certificate when requested by law enforcement entities or their duly authorized agents.
(H) Placards and placard registration certificates for permanently disabled persons may be issued and renewed for a maximum period of four years and are renewable on the owner's birth date. Placards issued to an agency, organization, or facility must be renewed every four years.
(I) A vehicle displaying a valid out-of-state handicapped license plate or placard or other evidence of handicap issued by the appropriate authority as determined by the department is entitled to the parking privileges provided in this section. Handicapped individuals from other states seeking permanent residence in South Carolina have forty-five days after becoming a resident to obtain South Carolina certification.
(J) Placards issued prior to the effective date of this section must be renewed by the expiration date on the placard or by January 1, 2013, whichever is sooner. To renew the placard and receive the certificate, the person must be certified as permanently handicapped as provided in Section 56-3-1910. Upon renewal, the department will issue a certificate as required by this section. Failure to carry a certificate as required by this section by a person using a placard issued prior to the effective date of this section is not a violation of the provisions of this section until after the placard is renewed or January 1, 2013, whichever is sooner.
(K)(1) Except as provided in item (2), a person that violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days, or both, for each offense.
(2) A person who illegally duplicates, forges, or sells a handicapped placard or a person who falsifies information on an application form for a handicapped placard is guilty of a misdemeanor and, upon conviction, must be imprisoned for thirty days and fined not less than five hundred dollars and not more than one thousand dollars.
HISTORY: 1978 Act No. 462 Section 2; 1986 Act No. 530, Section 2; 1990 Act No. 492, Section 1; 1990 Act No. 514, Section 1; 1990 Act No. 597, Section 2; 1993 Act No. 82, Section 2; 1993 Act No. 181, Section 1376; 2009 Act No. 24, Section 3, eff six months after approval (approved June 2, 2009).
SECTION 56-3-1965. Free parking in metered or timed parking places for handicapped persons.
Those municipalities having marked parking spaces shall provide appropriately designated space or spaces reserved for the parking of handicapped persons. A person who is handicapped as defined in this article must be allowed to park in metered or timed parking places without being subject to parking fees or fines. This section does not apply to areas or during times in which the stopping, parking, or standing of all vehicles is prohibited or to areas which are reserved for special types of vehicles. A vehicle must display a distinguishing license plate which must be issued by the department, or a distinguishing placard which must be issued by the department, pursuant to Section 56-3-1960 when parked in metered or timed parking places.
HISTORY: 1980 Act No. 467; 2009 Act No. 24, Section 4, eff six months after approval (approved June 2, 2009).
SECTION 56-3-1970. Unlawful acts; penalties; summary court jurisdiction.
(A) It is unlawful to park any vehicle in a parking place clearly designated for handicapped persons unless the vehicle bears the distinguishing license plate or placard provided in Section 56-3-1960.
(B) It is unlawful for any person who is not handicapped or who is not transporting a handicapped person to exercise the parking privileges granted handicapped persons pursuant to Sections 56-3-1910, 56-3-1960, and 56-3-1965.
(C) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days for each offense.
(D) The summary courts are vested with jurisdiction to hear and dispose of cases involving a violation of this section.
HISTORY: 1978 Act No. 462 Section 3; 1983 Act No. 72 Section 2; 1986 Act No. 530, Section 2; 1988 Act No. 429, Section 1; 1992 Act No. 421, Section 3; 2009 Act No. 24, Section 6, eff six months after approval (approved June 2, 2009); 2010 Act No. 273, Section 14.B, eff June 2, 2010.
SECTION 56-3-1971. Uniform parking violations tickets; who may issue; form and contents.
All law enforcement officers issuing tickets on public and private property and state law enforcement division licensed security officers of shopping centers and business and commercial establishments, which provide parking spaces designated for handicapped persons, are authorized to issue a uniform parking violations ticket to the vehicle for violations of the prescribed use of the parking spaces. The uniform parking violations ticket shall provide a means for tracking violators by tag number and recording the violations with the Department of Motor Vehicles.
The procedures governing the issuance, form, and content of the uniform parking violations ticket must be prescribed by the department and approved by the Attorney General within thirty days of submission by the department.
HISTORY: 1992 Act No. 421, Section 4; 1993 Act No. 181, Section 1377; 1994 Act No. 497, Part II, Section 36Q; 1996 Act No. 459, Section 158.
SECTION 56-3-1973. Printing of uniform parking violations tickets; distribution; cost; forwarding of audit copies.
The Department of Motor Vehicles shall have the uniform parking violations ticket printed. The department may authorize a law enforcement agency to automate the issuance of uniform parking violations tickets. Law enforcement and security agencies shall order tickets from the department and shall record the identifying numbers of the tickets received by them. The cost of the tickets must be paid by the law enforcement or security agency. The audit copy and the department's record copy must be forwarded to the department within thirty days of the disposition of the case by final trial court action. The head of each law enforcement agency is responsible for forwarding the audit copies and for conducting an annual inventory on December thirty-first of all tickets received but not yet disposed of by final trial court action and forwarding the results of the inventory on a form prescribed by the department to the department within ten days of the completion of the inventory.
HISTORY: 1992 Act No. 421, Section 4; 1993 Act No. 181, Section 1379; 1996 Act No. 459, Section 160.
SECTION 56-3-1974. Penalty for unaccounted or unforwarded tickets; jurisdiction over tickets.
A person who wilfully and intentionally violates the provisions of Section 56-3-1973 is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred fifty dollars nor more than fifteen hundred dollars or imprisoned not more than six months, or both, for each ticket unaccounted for or for each failure to timely forward the issuing agency's copy or department's record copy or audit copy of a ticket.
If the failure to account for a ticket or the failure to timely forward the issuing agency's copy or the department's record or audit copy of the ticket is inadvertent or unintentional, the misuse is triable in magistrate's court and, upon conviction, the person must be fined not more than one hundred dollars.
The service of the uniform parking violations ticket vests all traffic, recorder's, and magistrate's courts with jurisdiction to hear and dispose of the charge for which the ticket was issued and served.
HISTORY: 1992 Act No. 421, Section 4; 1993 Act No. 181, Section 1380; 1996 Act No. 459, Section 161.
SECTION 56-3-1975. Identification of handicapped parking spaces; access aisles.
Each handicapped parking place must be clearly identified as a handicapped parking place. The handicapped parking place includes all access aisles. If the handicapped parking place is on public property, the marker must be maintained by the political subdivision having jurisdiction over the public property or the street or highway where the handicapped parking place is located. If the handicapped parking place is on private property, the marker must be maintained by the owner of the property.
HISTORY: 1988 Act No. 429, Section 2; 2009 Act No. 24, Section 7, eff six months after approval (approved June 2, 2009).
ARTICLE 19
Special License Plates; Special Personalized Plates
SECTION 56-3-2010. Special and personalized license plates; International Symbol of Access decals.
(A) The Department of Motor Vehicles shall provide, upon proper application being made, special personalized motor vehicle license plates to the owner of a private passenger motor vehicle and motorcycles. The personalized plates must be of the design and bear the letters and numerals the department prescribes. However, there may be no duplication of registration plates, except South Carolina members of the United States Congress or members of the South Carolina General Assembly may purchase a maximum of the original and two duplicate registration plates. The department, in its discretion, may refuse the issue of letter combinations which may carry connotations offensive to good taste and decency and may not assign to a person not holding the relevant office letters or numerals denoting the holder to have a public office.
(B) Private passenger motor vehicles must be assigned a biennial registration which expires on a staggered monthly basis. Where a current vehicle license plate currently is displayed, the owner of the vehicle may make application for personalized license plates two months in advance of the current registration expiration. A sticker reflecting the month of expiration of registration must be issued and affixed in the space provided on the license plate assigned to the vehicle. A personalized license plate issued to a motorcycle must be assigned a biennial registration which expires on a staggered monthly basis. Every personalized license plate issued to members of the General Assembly and members of licensed state or federal commissions and boards expires on January thirty-first each year. Every vehicle registration must be renewed biennially upon application by the owner and by payment of the fee required by law to take effect the first day of the month following the expiration of the registration to be renewed.
(C) If a person who qualifies for the special license plate issued under this section also qualifies for the handicapped license plate issued pursuant to Section 56-3-1910, then the license plate issued pursuant to this section also shall include a decal with the International Symbol of Access used on license plates issued pursuant to Section 56-3-1910. The decal only can be used if space is available to place the decal on the license plate without covering any identifying numbers or letters on the license plate.
HISTORY: 1962 Code Section 46-95.51; 1971 (57) 224; 1977 Act No. 219 Pt II Section 15; 1987 Act No. 170, Part II, Section 43A; 1993 Act No. 164, Part II, Section 22DD; 1993 Act No. 181, Section 1381; 1996 Act No. 459, Section 162; 2008 Act No. 353, Section 2, Pt 13F.1, eff July 1, 2008; 2009 Act No. 24, Section 5, eff six months after approval (approved June 2, 2009).
SECTION 56-3-2020. Amount and disposition of fee.
The fee for the issue of special personalized motor vehicle license plates is thirty dollars biennially in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title. This revenue must be deposited to the state general fund. The fee is due and payable upon application. The Department of Motor Vehicles may not refund the fee if the personalized plate has been manufactured.
HISTORY: 1962 Code Section 46-95.52; 1971 (57) 224; 1976 Act No. 738 Section 2; 1987 Act No. 170, Part II, Section 43B; 1993 Act No. 164, Part II, Section 22EE; 1993 Act No. 181, Section 1382.
SECTION 56-3-2030. Special personalized plates may not be issued to certain applicants.
Special personalized plates may not be issued to any applicant whose operator's or chauffeur's license has been suspended or revoked within two years from the date of application or to any applicant whose driving record indicates a disregard of traffic violations or unsafe driving practices within two years from the date of application.
HISTORY: 1962 Code Section 46-95.53; 1971 (57) 224; 1987 Act No. 170, Part II, Section 43C; 1996 Act No. 459, Section 163.
ARTICLE 20
Special License Plates; Members of Foreign Consulates [Repealed]
SECTIONS 56-3-2060 to 56-3-2090. Repealed.
HISTORY: Former Section 56-3-2060, titled Special license plates authorized for members of foreign consulates; fee, had the following history: 1977 Act No. 72 Section 1; 1993 Act No. 181, Section 1383. Repealed by 2022 Act No. 216, Section 8, eff May 6, 2022.
HISTORY: Former Section 56-3-2070, titled Design of plates; duration, had the following history: 1977 Act No. 72 Section 2. Repealed by 2022 Act No. 216, Section 8, eff May 6, 2022.
HISTORY: Former Section 56-3-2080, titled Transfer to another vehicle of same owner; display on unauthorized car; return on cessation of membership of consulate, had the following history: 1977 Act No. 72 Section 3. Repealed by 2022 Act No. 216, Section 8, eff May 6, 2022.
HISTORY: Former Section 56-3-2090, titled Cumulative effect of article; penalties, had the following history: 1977 Act No. 72 Section 4. Repealed by 2022 Act No. 216, Section 8, eff May 6, 2022.
ARTICLE 21
Special License Plates; Transportation of House Trailers
SECTION 56-3-2110. Carriers transporting house trailers may purchase special license plates.
Any common carrier engaged in the transportation of house trailers by the haulaway method and which has registered according to the laws of this State with the Public Service Commission, whether engaged in interstate or intrastate operations, or both, may purchase license plates for the transportation of house trailers.
HISTORY: 1962 Code Section 46-96; 1958 (50) 1927.
The carrier shall pay twelve dollars and fifty cents for the first such license plate and six dollars each for additional plates and the highway safety fee authorized by Section 56-3-810.
HISTORY: 1962 Code Section 46-96.1; 1958 (50) 1927.
Editor's Note
Section 56-3-810, which authorized a highway safety fee, was repealed by 1980 Act No. 506, Section 13, effective October 1, 1980.
SECTION 56-3-2130. Display, transferability, and use.
The plate shall be displayed on the rear end of the house trailer being towed and be transferable from one house trailer to another, but shall be used only on a house trailer that is in the custody of the common carrier. The Department of Motor Vehicles shall have a special plate made for this purpose or it may authorize the use of dealers' plates in lieu thereof.
HISTORY: 1962 Code Section 46-96.2; 1958 (50) 1927.
SECTION 56-3-2140. Reciprocal recognition of plates from other states.
The Department of Motor Vehicles shall honor similar plates from other states, if such states honor the South Carolina plates for house trailers authorized by this article.
HISTORY: 1962 Code Section 46-96.3; 1958 (50) 1927.
ARTICLE 22
Special License Plates: Former Members of the South Carolina Delegation of the United States Congress, Retired Judicial Officers, Members of Municipal and County Councils, Coroners, Mayors, and Members of the General Assembly Receiving Retirement Benefits
SECTION 56-3-2150. Issuance of special plates; fees.
The Department of Motor Vehicles may issue special motor vehicle license plates to former members of the South Carolina Delegation of the United States Congress, retired judicial officers elected by the General Assembly or confirmed by the United States Senate, respectively, members of municipal and county councils, county coroners, and mayors of this State for private passenger motor vehicles owned by them. The department also may issue special motor vehicle license plates to former members of the General Assembly for private passenger motor vehicles and vehicles classified as private passenger motor vehicles in Section 56-3-630 owned by them. The biennial fee for these special license plates is the same as the fee provided in Section 56-3-2020, and only one plate may be issued to former members of the South Carolina Delegation of the United States Congress, retired judicial officers elected by the General Assembly or confirmed by the United States Senate, respectively, a councilman or a mayor. A coroner and a former member of the General Assembly may be issued two license plates. These license plates must be issued or revalidated biennially for the regular registration and licensing period. A person who has been investigated by state or local authorities resulting in a resignation or convicted of a crime involving dishonesty or moral turpitude, or another crime punishable by imprisonment for at least one year may not apply for special motor vehicle license plates issued pursuant to this section. A person convicted of an offense contained in this section subsequent to issuance of a special motor vehicle license plate shall surrender the special license plate to the Department of Motor Vehicles within three days of the date of the conviction.
HISTORY: 1987 Act No. 170, Part II, Section 44; 1990 Act No. 591, Section 2; 1993 Act No. 164, Part II, Section 22FF; 1993 Act No. 181, Section 1384; 1996 Act No. 459, Section 164; 2002 Act No. 349, Section 2; 2008 Act No. 177, Section 1, eff upon approval (became law without the Governor's signature on February 7, 2008); 2012 Act No. 272, Section 15, eff December 26, 2012; 2018 Act No. 255 (H.4973), Section 1, eff June 28, 2018.
Effect of Amendment
2018 Act No. 255, Section 1, in the second sentence, deleted "who are eligible to receive retirement benefits under the General Assembly Retirement System" following "former members of the General Assembly"; in the third sentence, substituted "or a mayor" for ", a mayor, or a member of the General Assembly who is receiving retirement benefits" at the end; in the fourth sentence, inserted "and a former member of the General Assembly" following "A coroner"; and added the sixth and seventh sentences, providing that a person who resigns from office as a result of an investigation or conviction of certain crimes may not apply for or maintain a special license plate.
SECTION 56-3-2160. Design and size of plates; biennial validation.
The special plates must be of the same size as regular motor vehicle license plates, but must be of a distinctive design and bear letters and numerals the Department of Motor Vehicles prescribes. The plates must be issued or revalidated biennially for the regular registration and licensing period.
HISTORY: 1987 Act No. 170, Part II, Section 44; 1993 Act No. 164, Part II, Section 22GG; 2002 Act No. 349, Section 2; 2008 Act No. 177, Section 1, eff upon approval (became law without the Governor's signature on February 7, 2008).
SECTION 56-3-2170. Transfer and return of plates.
The license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made to and approved by the Department of Motor Vehicles. It is unlawful for a person to whom this plate has been issued to knowingly permit it to be displayed on a vehicle except the one authorized by the department. If a holder of this plate ceases to be a member of the municipal or county council or ceases to be county coroner, or mayor he immediately shall return the plate to the department.
HISTORY: 1987 Act No. 170, Part II, Section 44; 1990 Act No. 591, Section 3; 2008 Act No. 177, Section 1, eff upon approval (became law without the Governor's signature on February 7, 2008).
SECTION 56-3-2180. Other registration and licensing provisions unaffected; penalties for violations.
The provisions of this article do not affect the registration and licensing of motor vehicles as required by other provisions of this chapter but are cumulative to them. A person violating the provisions of this article or a person who fraudulently gives false or fictitious information in any application for a special license plate, as authorized in this article, conceals a material fact, or otherwise commits a fraud in any application or in the use of a special license plate issued is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one hundred dollars, or by imprisonment for not more than thirty days.
HISTORY: 1987 Act No. 170, Part II, Section 44; 2008 Act No. 177, Section 1, eff upon approval (became law without the Governor's signature on February 7, 2008).
ARTICLE 23
Special License Plates; Antique Motor Vehicles and Motorcycles
SECTION 56-3-2210. Department of Motor Vehicles may classify certain motor vehicles as antique.
Every motor vehicle as herein defined which is over twenty-five years old, is owned solely as a collector's item and is used for participation in club activities, exhibits, tours, parades, and similar uses, but in no event used for general transportation, may be classified by the Department of Motor Vehicles as an antique motor vehicle.
HISTORY: 1962 Code Section 46-100.11; 1966 (54) 2389; 1993 Act No. 181, Section 1385; 2003 Act No. 52, Section 4.
SECTION 56-3-2220. Issuance of special license plates for antique motor vehicles authorized; duration; fee.
Upon receipt of an application on a form prescribed by the Department of Motor Vehicles, it may issue appropriate designated license plates to owners of antique motor vehicles. Such license plate shall be valid so long as title to such vehicle is vested in the applicant. The fee for the certificate of registration and license plate of any such vehicle shall be ten dollars.
HISTORY: 1962 Code Section 46-100.12; 1966 (54) 2389.
SECTION 56-3-2230. Department of Motor Vehicles may classify certain motorcycles as antique.
(a) Every motorcycle over twenty-five years old, which is owned solely as a collector's item and is used for participation in club activities, exhibits, tours, parades and similar uses, but is not used for general transportation, may be classified by the Department of Motor Vehicles as an antique motorcycle.
(b) Upon receipt of an application on a form prescribed by the Department, it may issue appropriately designated license plates to owners of antique motorcycles. An antique motorcycle license plate shall be valid as long as title to the motorcycle is vested in the applicant. The fee for the certificate of registration and license plate of any such motorcycle shall be ten dollars.
HISTORY: 1976 Act No. 565 Sections 1, 2; 1993 Act No. 181, Section 1386.
ARTICLE 24
Sample License Plates
SECTION 56-3-2250. Sample and souvenir license plates; application for personalized special organizational souvenir license plate; penalties.
(A) The Department of Motor Vehicles may provide, upon request, a sample motor vehicle license plate. The license plate shall be of the same size and general design of regular motor vehicle license plates. The fee for issuance of such license plate shall be ten dollars. The department may retain the ten dollar fee to recoup its cost for producing the license plate.
(B)(1) The department is authorized to produce, upon request, souvenir license plates for any special organizational license plate produced pursuant to Section 56-3-8000 or Section 56-3-8100 or any other special organizational license plate authorized by law. In order for a special organizational license plate to be available as a souvenir license plate, the sponsoring organization, if there is one, must agree to make the license plate available as a souvenir license plate.
(2) The fee for the special organizational souvenir license plate is twenty dollars. Ten dollars of this fee shall be retained by the department as specified in subsection (A), and the additional ten dollars shall be distributed to the sponsoring organization.
(C) The department shall determine the method to designate the sample and souvenir license plates described in this section.
(D)(1) An individual may apply for a personalized special organizational souvenir license plate with a license plate text to be selected by the applicant in a letter and numeral plate text format the department prescribes. The department, in its discretion, may refuse the issuance of letter or number combinations which may carry connotations offensive to good taste and decency.
(2) In order for a special organizational license plate to be available as a personalized souvenir license plate, the sponsoring organization, if there is one, must agree to make the license plate available as a souvenir license plate.
(3) The fee for the license plate contained in this subsection is thirty dollars. Twenty dollars of this fee shall be retained by the department to defray the expenses of the department. Ten dollars of this fee shall be distributed to the organization described in subsection (B).
(E) These sample or souvenir license plates may be displayed only on the front of private passenger motor vehicles as defined in Section 56-3-630 or as otherwise allowed by law in the owner's home state and shall not be displayed on the back of any vehicle registered or required to be registered in this State or as otherwise allowed by law in the owner's home state.
(F) Any person displaying a license plate in violation of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days for each violation.
HISTORY: 1976 Act No. 738 Section 1; 1993 Act No. 181, Section 1387; 2016 Act No. 186 (H.3927), Section 2, eff May 25, 2017.
ARTICLE 25
Motor Vehicle Dealers' Licenses; Demonstration Plates
SECTION 56-3-2320. Dealer and wholesaler license plates; restrictions on use.
(A)(1) Upon application being made and the required fee being paid to the Department of Motor Vehicles, the department may issue dealer license plates to a licensed motor vehicle dealer. The license plates, notwithstanding other provisions of this chapter to the contrary, may be used exclusively on motor vehicles owned by, assigned, or loaned for test driving purposes to the dealer when operated on the highways of this State by the dealer, its corporate officers, its employees, a prospective purchaser of the motor vehicle, or a person whose vehicle is being serviced or repaired by the dealer. The use by a prospective purchaser is limited to seven days, and the dealer shall provide the prospective purchaser with a dated demonstration certificate. A dealer license plate may be used by a person whose vehicle is being serviced or repaired by the dealership, provided that the vehicle displaying the license plate is part of a manufacturer program and given to the person by the dealer at no charge to the consumer. The use of a dealer license plate by the consumer for service and repair is limited to thirty days. The demonstration certificate for a prospective customer must be approved by the department. Dealer plates must not be used to operate wreckers or service vehicles in use by the dealer nor to operate vehicles owned by the dealer that are leased or rented by the public. No dealer plates may be issued by the department unless the dealer furnishes proof in a form acceptable to the department that he has a retail business license as required by Chapter 36, Title 12 and has made at least twenty sales of motor vehicles in the twelve months preceding his application for a dealer plate. The sales requirement may be waived by the department if the dealer has been licensed for less than one year. For purposes of this section, the transfer of ownership of a motor vehicle between the same individual or corporation more than one time is considered as only one sale. Multiple transfer of motor vehicles between licensed dealers for the purpose of meeting eligibility requirements for motor vehicle dealer plates is prohibited.
(2) A dealer may be issued two plates for the first fifteen vehicles sold during the preceding year and one additional plate for each fifteen vehicles sold beyond the initial twenty during the preceding year. A dealer participating in a manufacturer program may be issued two additional plates for each fifteen vehicles sold beyond the initial twenty during the preceding year. For good cause shown, the department in its discretion may issue extra plates. If the dealer has been licensed less than one year, the department shall issue a number of license plates based on an estimated number of sales for the coming year. The department may increase or decrease the number of plates issued based on actual sales made.
(3) The cost of each dealer plate issued is twenty dollars.
(4) Upon application to the department, a public or private school, college, or university, the United Service Organization South Carolina, the American Red Cross, or an economic development entity created or sanctioned by the county where the entity is located, may be issued a license plate to be used on vehicles loaned or rented to the school, college, university, the United Service Organization South Carolina, the American Red Cross, or economic development entity by a licensed motor vehicle dealer. The plate must be a personalized plate designed by the department. The cost of each plate issued is two hundred dollars, of which one hundred sixty dollars must be remitted by the department to the county in which the school, college, university, chapter of the United Service Organization South Carolina, chapter of the American Red Cross, or economic development entity is located. Each plate is valid for two years, and there is no limit on the number of plates which may be issued, except in the case of an economic development entity where only one plate per entity is allowed.
(5) A dealer license plate is allowed on a motor vehicle which the dealer lends to a public or private school for use in a driver education program. A plate used for this purpose may be obtained without fee and without regard to the limit on plates issued pursuant to this section. When the motor vehicle is no longer used for driver education, the dealer shall surrender the plate to the department.
(6) Notwithstanding the provisions of this section, a dealer exclusively selling heavy duty trucks at retail is eligible to obtain license plates for exclusive use on the heavy duty trucks regardless of the number of trucks sold by him during the preceding required number of months. These license plates for trucks must be noted with a distinct and separate identification and used only on heavy duty trucks. For purposes of this section, heavy duty trucks include trucks having a gross vehicle weight of sixteen thousand pounds or greater.
(B) For purposes of this section, the testing or demonstration of a heavy duty truck with a GVW of 16,000 pounds or over as defined in Section 56-3-20(10) includes permitting a prospective buyer to use the truck for carrying merchandise or cargo for not more than three days upon the dealer providing the buyer with a special demonstration certificate for this purpose. The form and content of the demonstration certificate must be as prescribed by the department which also shall provide certificates to dealers upon their request. The original certificate must be kept by the buyer in the cab of the truck during the three-day demonstration period, and the dealer shall retain a copy of the certificate and mail a copy of the certificate to the department within twenty-four hours after it is issued to the buyer.
HISTORY: 1962 Code Section 46-93; 1952 Code Section 46-93; 1949 (46) 342; 1959 (51) 419; 1980 Act No. 396; 1983 Act No. 118 Section 3; 1991 Act No. 91, Section 1992 Act No. 498, Section 2; 1993 Act No. 181, Section 1388; 1993 Act No. 164, Part II, Section 105B; 1994 Act No. 423, Section 4; 1994 Act No. 497, Part II, Section 37A; 1994 Act No. 497, Part II, Section 121J; 1996 Act No. 459, Sections 1, 165; 2012 Act No. 253, Section 2, eff June 18, 2012; 2017 Act No. 57 (S.488), Section 1, eff May 19, 2017.
Effect of Amendment
2017 Act No. 57, Section 1, redesignated (A) as (A)(1) and added paragraph identifiers to the subsequent unidentified paragraphs; amended (A)(1), providing that dealer license plates may be used by a person whose vehicle is being serviced or repaired by the dealership; and amended (A)(2), providing that a dealer may be issued two plates for the first fifteen vehicles sold during the preceding year and that a dealer participating in a manufacturer program may be issued two additional plates for each fifteen vehicles sold beyond the initial twenty during the preceding year.
SECTION 56-3-2325. Fine and forfeiture for misuse of dealer plates.
A person who misuses a dealer license plate issued pursuant to this article must be fined three hundred dollars or forfeit the dealer license plate, or both.
HISTORY: 1993 Act No. 164, Part II, Section 105A.
SECTION 56-3-2330. Manufacturer license plates.
(A) Upon application and payment of the required fee, the Department of Motor Vehicles may issue not more than five hundred manufacturer license plates to a motor vehicle manufacturer. The license plates must be used exclusively on motor vehicles, including motorcycles, owned or in the possession of a manufacturer. Manufacturer license plates must not be used to operate wreckers in use by the manufacturer nor to operate vehicles leased or rented to the public by the manufacturer.
(B) A motor vehicle manufacturer shall apply for manufacturer license plates on a form prescribed by the department and shall provide proof the applicant is a bona fide motor vehicle manufacturer. The cost of each manufacturer plate issued is two hundred dollars, of which one hundred sixty dollars must be remitted by the department to the county in which the principal facility of the manufacturer is located. Forty dollars of the fee must be placed by the Comptroller General into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167. Each plate is valid for two years.
(C) Vehicles with manufacturer plates, not to exceed one licensed vehicle for each household, may be operated by persons authorized by the manufacturer on vehicles of that manufacturer's brand on state streets and highways for testing, distribution, evaluation, and promotion of vehicles. Vehicles with manufacturer plates may be used no more than twenty consecutive days in connection with civic events and sporting events.
(D) A manufacturer who violates the provisions regarding use of motor vehicles is subject to the imposition of any administrative penalty permitted by law.
(E) For the purpose of this section only, "motor vehicle manufacturer" is defined as a person in the business of manufacturing or assembling new and unused vehicles in this State.
HISTORY: 1994 Act No. 497, Section 70A; 2006 Act No. 261, Section 1, eff April 8, 2006; 2010 Act No. 188, Section 1, eff May 28, 2010; 2016 Act No. 275 (S.1258), Section 33, eff July 1, 2016.
SECTION 56-3-2332. Issuance of standard license plate to manufacturer for vehicles used in employee benefit program or for testing and promotional purposes; registration fee.
(A) Upon application and payment of the required fee, the Department of Motor Vehicles may issue a standard license plate to a manufacturer for vehicles it has manufactured and which are used in a benefit program for the manufacturer's employees or used by the manufacturer for testing, distribution, evaluation, and promotion.
(B) The annual registration fee provided for by this section is derived by computing the average price of the vehicle manufacturer's fleet times the property tax rates times the average millage for all purposes statewide for the preceding calendar year.
(C) The plates issued in connection with an employee benefit program may be used only on vehicles provided for the applicant's employees. In the application, the manufacturer shall notify the department in which county the employee assigned the vehicle resides. Twenty dollars of the fee must be credited to the general fund of the State and the remainder must be remitted to the county noted on the application. Amounts received by a county pursuant to this subsection must be credited to the accounts of taxing entities in the county as if it were a county property tax and are instead of state sales or use taxes. If the employee resides outside this State, the fee must be credited to the general fund of the State.
(D) The plates issued in connection with testing, distribution, evaluation, and promotion, not to exceed fifty plates, may be used only for those purposes. Twenty dollars of the fee must be credited to the general fund of the State and the remainder must be remitted to the county in which the principal facility of the manufacturer is located. Amounts received by a county pursuant to this subsection must be credited to the accounts of taxing entities in the county as if it were a county property tax and are instead of state sales or use taxes. The department may require the documentation it determines necessary to ensure compliance with the provisions of this subsection.
(E) Before December thirty-first of each odd-numbered year, the manufacturer shall review the average price of its fleet and submit the cost to the Department of Revenue. The Department of Revenue shall determine the annual registration fee pursuant to subsection (B) and then notify the Department of Motor Vehicles of the adjusted fee amount, which is effective for the next two years.
HISTORY: 1997 Act No. 155, Part II, Section 32C; 2000 Act No. 278, Section 1; 2000 Act No. 387, Part II, Section 20A; 2016 Act No. 214 (S.1111), Section 1, eff June 3, 2016.
Editor's Note
2016 Act No. 214, Section 2, provides as follows:
"SECTION 2. Notwithstanding Section 56-3-2332(B), for 2017 and 2018, the annual registration fee for license plates issued pursuant to Section 56-3-2332 is seven hundred eighty-nine dollars."
SECTION 56-3-2335. Research and development license plates.
(A) As used in this section:
(1) "Research and development business" or "business" means a person who manufacturers tires or transmissions in this State for use as original or replacement equipment on motor vehicles and who conducts research and development activities on tires or transmissions in conjunction with the person's manufacturing activities in South Carolina.
(2) "Contracted fleet owner" or "contractor" means a person or company in the business of operating a group of vehicles driven by their employees for the purpose of testing and evaluating the performance of a research and development business' tires or transmissions.
(3) "Tires" includes tires and tire replacement parts.
(4) "Transmissions" includes transmissions and transmission parts.
(B)(1) Upon application and payment of the required fee, the Department of Motor Vehicles may issue research and development license plates to a research and development business. The license plates must be used exclusively on motor vehicles, including motorcycles, provided by a motor vehicle manufacturer to the research and development business for the purpose of testing and evaluating the performance of the research and development business' tires or transmissions on the motor vehicle.
(2) Application for research and development license plates must be made by the research and development business on a form prescribed by the department and submitted with proof of the applicant's status as a bona fide research and development business. The cost of each research and development license plate issued is two hundred dollars, of which one hundred sixty dollars must be remitted by the department to the county in which the testing facility of the business is located. Forty dollars of the fee must be placed by the Comptroller General into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167. Each plate is valid for two years. A maximum of one hundred research and development license plates may be issued for the two-year period.
(C)(1) Upon application and payment of the required fee, the Department of Motor Vehicles may issue fleet research and development plates to a research and development business or to a contracted fleet owner. The license plates will be registered to a specific vehicle owned by the research and development business, or owned by a contracted fleet owner under contract with the research and development business.
(2) Application for fleet research and development license plates must be made by the contractor on a form prescribed by the department and submitted with certification from the research and development business establishing the applicant's status as a bona fide contracted fleet owner under contract with the research and development business. The cost of each fleet research and development license plate is two hundred dollars, of which one hundred sixty dollars must be remitted by the department to the county in which the vehicle is sited, as evidenced by the address on the registration card. Each plate is valid for two years. A maximum of one hundred fleet research and development license plates may be issued to a contracted fleet owner for the two-year period.
(D) Vehicles with research and development plates or fleet research and development plates may be operated on the state's streets and highways or another state's streets and highways pursuant to a reciprocity agreement with that state. The vehicles may be operated pursuant to this section only for the purpose of testing and evaluating the performance of the research and development business' tires or transmissions on the motor vehicle.
(E) The Department of Motor Vehicles may enter into reciprocal agreements with other states concerning the registration and operation of vehicles owned by a research and development business, provided to the research and development business by a contractor under contract with the research and development business, or provided by a motor vehicle manufacturer to the research and development business for the purpose of testing and evaluating the performance of the research and development business' tires or transmissions.
(F) It is the sole responsibility of the research and development business, or contracted fleet owner, to take any other actions required by another state that are necessary for the research and development business, or contracted fleet owner, to legally test and evaluate the performance of the research and development business' tires or transmissions in that state. The research and development business must comply with any other requirements associated with the operation of the vehicle on the other state's roads and highways.
HISTORY: 1994 Act No. 497, Part II, Section 84A; 2011 Act No. 15, Section 1, eff May 9, 2011; 2013 Act No. 51, Section 1, eff June 7, 2013; 2016 Act No. 275 (S.1258), Section 34, eff July 1, 2016.
SECTION 56-3-2340. Licensed motor vehicle dealers to issue first time registrations and license plates from dealership; certification of third-party providers; fees.
Text of (A) effective until January 18, 2024.
(A) The Department of Motor Vehicles or its designated agent may allow licensed motor vehicle dealers to issue first time motor vehicle registrations and license plates directly from the dealership. A dealership shall apply to the department upon forms approved and provided by the department. The department may request information necessary to ensure the integrity of the current licensing system. The department may allow or refuse a dealership the right to issue motor vehicle registrations or license plates based upon criteria established by the department. If a dealership previously is denied the privilege to issue registrations and license plates, upon meeting the established criteria, the dealership may be allowed to issue registrations or license plates. If in the opinion of the department a bond is necessary to ensure the payment of fees associated with the registering and licensing of a vehicle, the department may require a bond not to exceed the estimated value of new license plates and validation stickers held by the dealership or the department's designated agent.
Text of (A) effective January 18, 2024.
(A) The Department of Motor Vehicles, or its designated agent, shall require licensed motor vehicle dealers to issue temporary motor vehicle registrations and temporary license plates directly from the dealership. Unless disallowed by the department, any dealership that begins a transaction through a third-party vendor pursuant to Section 56-3-210(C)(2) that provides a service connection between issuing entities and the department must complete the entire transaction, including titling and registering the vehicle in the same manner. Unless extenuating circ*mstances apply, at the department's discretion, dealers may not obtain certificates of title, temporary motor vehicle registrations, or temporary license plates from the department's branch offices. A dealership must make attempts to apply to the department electronically, including utilizing digital scans of forms approved and provided by the department.
(B) The department may certify third-party providers to process titles, temporary license plates as provided in Section 56-3-210, license plates, and vehicle registration transactions on behalf of the department. The department shall develop program standards and specifications that would be required for certification. Third parties requesting certification must agree to the program terms, conditions, standards, and specifications in order to participate.
(C) The department is authorized to collect a transaction fee from entities who either transmit or retrieve data from the department pursuant to this section. The fee must not exceed the fee authorized in Section 56-19-265(B) for each transaction. These fees must be placed by the Comptroller General into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167.
HISTORY: 1994 Act No. 497, Part II, Section 121B; 1996 Act No. 459, Section 166; 2014 Act No. 201 (H.3904), Section 1, eff June 2, 2014; 2016 Act No. 275 (S.1258), Section 35, eff July 1, 2016; 2023 Act No. 51 (S.549), Section 12, eff January 18, 2024.
Editor's Note
2023 Act No. 51, Section 40(C)(1), provides as follows:
"[SECTION 40.](C)(1) SECTIONS 8, 9, 10, 11, 12, 30, 31, 32, and 33 take effect eight months after the approval by the Governor, provided that necessary solicitations are awarded in a timely manner in accordance with the State Consolidated Procurement Code."
Effect of Amendment
2023 Act No. 51, Section 12, rewrote (A).
SECTION 56-3-2345. Antique dealer license plates.
(A) Upon application being made and the required fee being paid to the Department of Motor Vehicles, the department may issue antique dealer license plates to a licensed motor vehicle dealer. The license plates, notwithstanding other provisions of this chapter to the contrary, may be used exclusively on antique motor vehicles owned by, assigned, or loaned for test driving purposes to the dealer when operated on the highways of this State by the dealer, its corporate officers, its employees, or a prospective purchaser of the antique motor vehicle. The use by a prospective purchaser is limited to seven days, and the dealer shall provide the prospective purchaser with a dated demonstration certificate. The certificate must be approved by the department. Antique dealer plates must not be used to operate wreckers or service vehicles in use by the dealer nor to operate vehicles owned by the dealer that are leased or rented by the public. No antique dealer plates may be issued by the department unless the dealer furnishes proof in a form acceptable to the department that he has a retail business license as required by Chapter 36 of Title 12 and has made at least five sales of antique motor vehicles in the twelve months preceding his application for a dealer plate. The sales requirement may be waived by the department if the dealer has been licensed for less than one year. For purposes of this section, the transfer of ownership of an antique motor vehicle between the same individual or corporation more than one time is considered as only one sale. Multiple transfer of antique motor vehicles between licensed dealers for the purpose of meeting eligibility requirements for antique motor vehicle dealer plates is prohibited.
(B) For good cause shown, the department may issue extra plates. If a dealer has been licensed less than one year, the department shall issue a number of license plates based on an estimated number of sales for the coming year. The department may increase or decrease the number of plates issued based on actual sales made.
(C) The cost of each plate is twenty dollars.
(D) For purposes of this section, "antique motor vehicle" means a motor vehicle which is over thirty years old.
HISTORY: 1996 Act No. 385, Section 1.
ARTICLE 26
Special Motor Vehicle Registration
SECTION 56-3-2350. Application for special registration for business of facilitating movement of vehicles from manufacturer to dealer or distributor, or movement for further construction of cabs or bodies, or for foreclosure or repossession of such motor vehicles; fees.
(A) For purposes of this section "financial institution" means a supervised financial organization as defined in Section 37-1-301(27) or a supervised lender as defined in Section 37-3-501(2).
(B) A financial institution engaged in the business of repossessing vehicles or accepting voluntary repossession or relinquishment of vehicles for which the financial institution has exercised rights under a valid security agreement or lien may apply for special registration only for the purpose of repossession of such vehicles; acceptance of voluntary repossession or reclamation of such vehicles; transport of such vehicles to locations of repair, cleaning, or reconditioning; storage of such vehicles; or demonstration of such vehicles for purposes of potential resale. Transporter plates must not be used to operate wreckers or service vehicles. The use of transporter plates for demonstration purposes is limited to prospective purchasers and limited to seven days. The financial institution must provide the prospective purchaser with a dated demonstration certificate approved by the department.
(C) A person engaged in the business of limited operation of motor vehicles to facilitate the movement of vehicles from a manufacturer to a dealer or distributor, or from a railroad terminal yard to a temporary storage facility prior to delivery to a dealer, or for the movement of vehicles to further the construction of cabs or bodies, or in connection with the foreclosure or repossession of these motor vehicles may apply to the Department of Motor Vehicles for special registration to be issued to and used by the person upon the following conditions:
(1) The application must be in a form prescribed by the department to include the applicable liability insurance as prescribed by statute and filed with the department each year. If the applicant is an entity with multiple branches, then an application may be made for each branch, not to exceed two registrations. The application must include the name and residence address of the applicant as follows:
(a) if an individual, the name under which he intends to conduct business;
(b) if a partnership, the name and residence address of each member of the partnership and the name under which the business is to be conducted, and if multiple branches are intended to have registrations, an appropriate identifier for each branch;
(c) if a corporation, the name and company address of the corporation and the name and residence address of its responsible officer.
(2) The application must be certified by the applicant and by an agent of the department to verify the facts set forth in the application.
(3) The annual fee for registration is fifty dollars, plus an annual fee of ten dollars for each license plate.
(4) License plates authorized by this section must not be used on vehicles that are loaned, rented, or leased by the licensed registrants to employees or any other individuals.
(D) All records relating to registration must be open at all reasonable times for inspection and copying by the department or any of its duly authorized agents. The vehicles for which special registrations are issued must be made available to the department or any of its duly authorized agents at the place where the vehicles may be located at the time that the department or any of its duly authorized agents request an opportunity to inspect them.
HISTORY: 1982 Act No. 371, Section 2; 1993 Act No. 164, Part II, Section 105C; 1994 Act No. 497, Part II, Section 37B; 1997 Act No. 155, Part II, Section 32A; 2004 Act No. 288, Section 2; 2018 Act No. 255 (H.4973), Section 2, eff June 28, 2018.
Effect of Amendment
2018 Act No. 255, Section 2, inserted (A), relating to the definition of "financial institution"; inserted (B), providing that a financial institution engaged in the business of repossession vehicles under certain circ*mstances may apply for special registration; redesignated the former first undesignated paragraph as (C); in (C)(1), inserted the second sentence, in (b), inserted ", and if multiple branches are intended to have registrations, an appropriate identifier for each branch", and in (c), substituted "its responsible officer" for "each of its officers"; in (C)(4), substituted "licensed registrants" for "licensed transporter"; and added (D), providing that all registration records and registered vehicles must be available to the department for inspection.
SECTION 56-3-2360. Notice of change of address; cancellation of registration and license plates.
Registrants licensed under this article shall notify the Department of Motor Vehicles of any change of address of his principal place of business within thirty days after such change is made, and the Department may cancel the registration and all license plates issued upon failure to give such notice.
HISTORY: 1982 Act No. 371, Section 2.
SECTION 56-3-2370. Transfer of transporter license plates.
Transporter license plates issued under this article may be transferred from vehicle to vehicle, but shall be used only for the limited purposes as provided in Section 56-3-2350.
HISTORY: 1982 Act No. 371, Section 2; 2018 Act No. 255 (H.4973), Section 3, eff June 28, 2018.
Effect of Amendment
2018 Act No. 255, Section 3, substituted "purposes as provided in Section 56-3-2350" for "operation of vehicles in connection with the manufacture or construction of cabs or bodies or with the foreclosure or repossession of vehicles owned or controlled by the registrant" at the end.
SECTION 56-3-2380. Denial of application; suspension or revocation of registration; refusal to renew registration.
The Department of Motor Vehicles may deny the application of any person for registration under this article and may suspend or revoke a registration or refuse to issue a renewal thereof if it is determined that the applicant or registrant has:
(a) Made a material misrepresentation in his application;
(b) Used or permitted the use of plates contrary to law;
(c) Been found guilty of fraud or fraudulent practices;
(d) Failed to comply with any of the regulations of the department for the enforcement of this article.
HISTORY: 1982 Act No. 371, Section 2; 1996 Act No. 459, Section 167.
ARTICLE 27
Enforcement; Records and Reports
SECTION 56-3-2420. Powers of State Highway Patrol.
Commissioned and uniformed personnel of the South Carolina Highway Patrol when on duty may:
(1) Upon reasonable belief that any vehicle is being operated in violation of any provision of this chapter require the driver thereof to stop and exhibit the registration card issued for the vehicle and submit to an inspection of such vehicle and the license plates;
(2) Inspect any vehicle of a type required to be registered and licensed hereunder in any public garage or repair shop or in any place where such vehicles are held for sale or wrecking, for the purpose of locating stolen vehicles and investigating the ownership and registration and license thereof; and
(3) Investigate reported thefts of vehicles.
HISTORY: 1962 Code Section 46-112; 1952 Code Section 46-112; 1949 (46) 342.
SECTION 56-3-2430. Authority to administer oaths and acknowledge signatures.
Officers and employees of the Department of Motor Vehicles engaged in the work of administering and enforcing the provisions of this chapter are, for the purpose of such work of administering and enforcing the provisions of this chapter, authorized to administer oaths and acknowledge signatures and shall do so without fee.
HISTORY: 1962 Code Section 46-116; 1952 Code Section 46-116; 1949 (46) 342.
SECTION 56-3-2440. Department of Motor Vehicles shall keep certain records.
The Department of Motor Vehicles shall keep such records of all transactions relating to the enforcement and administration of this chapter as the Department shall determine to be necessary and appropriate for fiscal, statistical and administrative purposes. Suitable and appropriate records of every vehicle registered shall be kept by the Department in cross-reference books or on cards, as follows:
(1) Numerically, under the descriptive registration and license number assigned to the vehicle;
(2) Alphabetically, under the name of the owner;
(3) Numerically, under the motor or serial number, if available and otherwise under any other identifying number of the vehicle; and
(4) In any other manner the Department may deem desirable.
HISTORY: 1962 Code Section 46-117; 1952 Code Section 46-117; 1949 (46) 342.
SECTION 56-3-2450. Certified copies of Department of Motor Vehicle records; use as evidence.
The Department of Motor Vehicles and such officers and employees of the Department as the Department may designate may prepare and deliver upon request a certified copy of any record of the Department relating to the registration and licensing of any vehicle, and every such certified copy shall be admissible in any proceeding in any court in like manner as the original thereof.
HISTORY: 1962 Code Section 46-118; 1952 Code Section 46-118; 1949 (46) 342.
SECTION 56-3-2460. Affidavit as to registration records of Department of Motor Vehicles as evidence of ownership.
In any case tried in any court of competent jurisdiction in this State in which the ownership of any motor vehicle is in issue an affidavit by a duly authorized officer or agent of the Department of Motor Vehicles showing what the registration records of the Department show or fail to show relative to the ownership of the motor vehicle in question shall be admissible in evidence on the sole issue of ownership of the motor vehicle.
HISTORY: 1962 Code Section 46-119; 1952 Code Section 46-119; 1949 (46) 342.
SECTION 56-3-2470. Publication of registration and license lists; obtaining copies of lists.
The Department of Motor Vehicles may compile and publish annually or at shorter intervals a list of all registered and licensed vehicles. The list shall show vehicles registered and licensed serially according to registration and license numbers and also may contain the names and addresses of the recorded owners and a brief description of each vehicle, including the serial or other identifying number. The Department may furnish without charge therefor a copy of the registration and license list and any supplements thereto to any police department in this State requesting it, and the Department may also sell copies of the list to any person requesting it upon payment to the Department of a uniform amount as determined by the Department.
HISTORY: 1962 Code Section 46-120; 1952 Code Section 46-120; 1949 (46) 342.
SECTION 56-3-2480. Destruction of obsolete records.
The Department of Motor Vehicles may destroy any records accumulated by it in connection with the administration of this chapter which have been maintained on file for three years or more and which may be deemed by the Department to be obsolete and of no further service in connection with the administration of this chapter or other use by the Department.
HISTORY: 1962 Code Section 46-121; 1952 Code Section 46-121; 1949 (46) 342.
SECTION 56-3-2490. Unlawful to conceal motor vehicle whose serial number has been altered or removed.
Whoever knowingly conceals any motor vehicle from which the manufacturer's serial number or any other distinguishing number or identification mark has been removed, defaced, covered, altered or destroyed for the purpose of concealing or misrepresenting the identity of the motor vehicle shall be guilty of a misdemeanor.
HISTORY: 1962 Code Section 46-113; 1952 Code Section 46-113; 1949 (46) 342; 1957 (50) 595.
SECTION 56-3-2510. Department of Motor Vehicles may assign new identifying numbers; special plate or number affixed to vehicle.
The Department of Motor Vehicles may assign a distinguishing number to a motor vehicle whenever the motor or serial number thereon is destroyed, replaced or obliterated and may issue or assign to the owner a special plate or number which shall be affixed to the vehicle or stamped on the vehicle in a place to be determined by the Department. Such motor vehicle shall be registered and licensed under such distinguishing number in lieu of the former motor number or serial number.
HISTORY: 1962 Code Section 46-115; 1952 Code Section 46-115; 1949 (46) 342.
It is a misdemeanor for any person to violate any of the provisions of this chapter unless such violation is by this chapter or other law of this State declared to be a felony. Unless another penalty is by the laws of this State provided every person convicted of a misdemeanor for violation of any provisions of this chapter shall be punished by a fine of not more than one hundred dollars or imprisonment for not more than thirty days.
HISTORY: 1962 Code Section 46-122; 1952 Code Section 46-122; 1949 (46) 342.
ARTICLE 28
Special License Plates; "Conserve South Carolina"
SECTION 56-3-2540. "Conserve South Carolina" license plates.
The Department of Motor Vehicles may issue special motor vehicle license plates to owners of private passenger motor vehicles as defined in Section 56-3-630 registered in their names which shall have imprinted on the plate "Conserve South Carolina" and which may have an emblem, a seal, logo, or other symbol of the South Carolina Conservation Bank. The South Carolina Conservation Bank shall submit to the department for its approval the emblem, seal, logo, or other symbol it desires to be used for this special license plate. The South Carolina Conservation Bank may request a change in the emblem, seal, logo, or other symbol not more than once every five years. The fee for this special license plate is forty-eight dollars every two years in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3, Title 56. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.
HISTORY: 2002 Act No. 200, Section 2(A); 2008 Act No. 347, Section 21, eff June 16, 2008.
SECTION 56-3-2545. Collection and disbursem*nt of fees.
Of the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles in producing and administering this special license plate. The remaining fees collected pursuant to this section must be credited to the South Carolina Conservation Bank Trust Fund established pursuant to Section 48-59-60 of the 1976 Code.
HISTORY: 2002 Act No. 200, Section 2(B).
SECTION 56-3-2550. Applicability of special license plates provisions.
The provisions of Section 56-3-8100 of the 1976 Code apply to the license plate authorized by this section.
HISTORY: 2002 Act No. 200, Section 2(C).
ARTICLE 29
Temporary License Plates and Certificates of Registration of Motor Vehicles to be Registered and Licensed in Another State
ARTICLE 29 effective until January 18, 2024.
SECTION 56-3-2600. Powers and duties of Department of Motor Vehicles; fees; application; issuance by dealers.
Section effective until January 18, 2024.
The Department of Motor Vehicles upon request and subject to the limitations and conditions hereinafter set forth shall provide temporary license plates and registration cards designed by the department to nonresidents of South Carolina and to licensed motor vehicle dealers who apply for such plates and cards. The fee for each set of license plates and registration cards shall be twenty dollars. Application therefor shall be made to the department on forms prescribed and furnished by the department. Dealers, subject to the limitations and conditions hereinafter set forth, may issue such temporary license plates to owners of vehicles which are to be permanently licensed in a state other than South Carolina.
HISTORY: 1982 Act No. 447; 1993 Act No. 181, Section 1389; 1999 Act No. 100, Part II, Section 61.
Editor's Note
2023 Act No. 51, Sections 32 and 40(C)(1), provide as follows:
"SECTION 32. Article 29, Chapter 3, Title 56 of the S.C. Code is repealed."
"[SECTION 40.](C)(1) SECTIONS 8, 9, 10, 11, 12, 30, 31, 32, and 33 take effect eight months after the approval by the Governor, provided that necessary solicitations are awarded in a timely manner in accordance with the State Consolidated Procurement Code."
SECTION 56-3-2610. Records of dealer.
Section effective until January 18, 2024.
Every dealer shall maintain in permanent form a record of all temporary license plates delivered to him, and shall also maintain in permanent form a record of all temporary license plates issued by him. In addition, every dealer shall maintain in permanent form a record of any other information pertaining to the receipt or the issuance of temporary license plates that the Department of Motor Vehicles may require. Each record shall be kept for a period of at least one year from the date of entry of such record.
HISTORY: 1982 Act No. 447.
Editor's Note
2023 Act No. 51, Sections 32 and 40(C)(1), provide as follows:
"SECTION 32. Article 29, Chapter 3, Title 56 of the S.C. Code is repealed."
"[SECTION 40.](C)(1) SECTIONS 8, 9, 10, 11, 12, 30, 31, 32, and 33 take effect eight months after the approval by the Governor, provided that necessary solicitations are awarded in a timely manner in accordance with the State Consolidated Procurement Code."
SECTION 56-3-2620. Dealer issuing temporary registration certificate.
Section effective until January 18, 2024.
Every dealer who issues temporary license plates shall also issue a temporary registration certificate upon a form prescribed and furnished by the Department of Motor Vehicles and shall deliver it with the license plates to the owner. On the day that a dealer issues such plates, he shall also send to the Department a copy of the temporary registration certificate.
HISTORY: 1982 Act No. 447.
Editor's Note
2023 Act No. 51, Sections 32 and 40(C)(1), provide as follows:
"SECTION 32. Article 29, Chapter 3, Title 56 of the S.C. Code is repealed."
"[SECTION 40.](C)(1) SECTIONS 8, 9, 10, 11, 12, 30, 31, 32, and 33 take effect eight months after the approval by the Governor, provided that necessary solicitations are awarded in a timely manner in accordance with the State Consolidated Procurement Code."
SECTION 56-3-2630. Restrictions on dealer issuing temporary plates and cards; misstatement of fact; false information.
Section effective until January 18, 2024.
A dealer shall issue temporary plates and cards solely for vehicles which are purchased from that dealer for licensing and registering in another state. No dealer shall issue temporary plates or cards for any other purpose or reason. It shall be unlawful for a dealer to issue any temporary plates or registration cards containing any misstatement of fact or to knowingly insert any false information upon the face thereof.
HISTORY: 1982 Act No. 447.
Editor's Note
2023 Act No. 51, Sections 32 and 40(C)(1), provide as follows:
"SECTION 32. Article 29, Chapter 3, Title 56 of the S.C. Code is repealed."
"[SECTION 40.](C)(1) SECTIONS 8, 9, 10, 11, 12, 30, 31, 32, and 33 take effect eight months after the approval by the Governor, provided that necessary solicitations are awarded in a timely manner in accordance with the State Consolidated Procurement Code."
SECTION 56-3-2640. Information to be placed on temporary license plate.
Section effective until January 18, 2024.
Every dealer who issues temporary plates shall insert clearly and indelibly on the face of each temporary license plate the date of issuance, the date of expiration, the make, and the identification number of the vehicle for which issued and such other information as the Department of Motor Vehicles shall require.
HISTORY: 1982 Act No. 447.
Editor's Note
2023 Act No. 51, Sections 32 and 40(C)(1), provide as follows:
"SECTION 32. Article 29, Chapter 3, Title 56 of the S.C. Code is repealed."
"[SECTION 40.](C)(1) SECTIONS 8, 9, 10, 11, 12, 30, 31, 32, and 33 take effect eight months after the approval by the Governor, provided that necessary solicitations are awarded in a timely manner in accordance with the State Consolidated Procurement Code."
SECTION 56-3-2650. Transfer, loan, or assignment of temporary license plate.
Section effective until January 18, 2024.
A temporary license plate shall be used only on the vehicle for which issued and shall not be transferred, loaned, or assigned to any other person or vehicle.
HISTORY: 1982 Act No. 447.
Editor's Note
2023 Act No. 51, Sections 32 and 40(C)(1), provide as follows:
"SECTION 32. Article 29, Chapter 3, Title 56 of the S.C. Code is repealed."
"[SECTION 40.](C)(1) SECTIONS 8, 9, 10, 11, 12, 30, 31, 32, and 33 take effect eight months after the approval by the Governor, provided that necessary solicitations are awarded in a timely manner in accordance with the State Consolidated Procurement Code."
SECTION 56-3-2660. Duration of temporary license plate and registration certificate.
Section effective until January 18, 2024.
The temporary license plate and registration certificate are valid for twenty days from the date of issuance. However, temporary license plates and registration certificates for vehicles which will be permanently licensed in a foreign jurisdiction are valid for thirty days from the date of issuance.
HISTORY: 1982 Act No. 447; 1999 Act No. 100, Part II, Section 61.
Editor's Note
2023 Act No. 51, Sections 32 and 40(C)(1), provide as follows:
"SECTION 32. Article 29, Chapter 3, Title 56 of the S.C. Code is repealed."
"[SECTION 40.](C)(1) SECTIONS 8, 9, 10, 11, 12, 30, 31, 32, and 33 take effect eight months after the approval by the Governor, provided that necessary solicitations are awarded in a timely manner in accordance with the State Consolidated Procurement Code."
SECTION 56-3-2675. Motor vehicle manufacturers authorized to obtain and issue temporary license plates.
Section effective until January 18, 2024.
(A) As used in this section, "Motor Vehicle Manufacturer" means a person in the business of manufacturing or assembling new and unused vehicles in this State.
(B) A motor vehicle manufacturer may obtain and issue temporary license plates in the same manner and subject to the same requirements as a motor vehicle dealer.
HISTORY: 1999 Act No. 100, Part II, Section 61.
Editor's Note
2023 Act No. 51, Sections 32 and 40(C)(1), provide as follows:
"SECTION 32. Article 29, Chapter 3, Title 56 of the S.C. Code is repealed."
"[SECTION 40.](C)(1) SECTIONS 8, 9, 10, 11, 12, 30, 31, 32, and 33 take effect eight months after the approval by the Governor, provided that necessary solicitations are awarded in a timely manner in accordance with the State Consolidated Procurement Code."
Section effective until January 18, 2024.
Any person violating the provisions of this article is guilty of a misdemeanor and upon conviction shall be fined not more than two hundred dollars or imprisoned for not more than thirty days.
HISTORY: 1982 Act No. 447.
Editor's Note
2023 Act No. 51, Sections 32 and 40(C)(1), provide as follows:
"SECTION 32. Article 29, Chapter 3, Title 56 of the S.C. Code is repealed."
"[SECTION 40.](C)(1) SECTIONS 8, 9, 10, 11, 12, 30, 31, 32, and 33 take effect eight months after the approval by the Governor, provided that necessary solicitations are awarded in a timely manner in accordance with the State Consolidated Procurement Code."
SECTION 56-3-2690. Applicability of other laws.
Section effective until January 18, 2024.
If temporary license plates and registration certificates are issued for a motor vehicle pursuant to this article, no other provisions of law of this State relating to temporary licensing and registration shall apply.
HISTORY: 1982 Act No. 447.
Editor's Note
2023 Act No. 51, Sections 32 and 40(C)(1), provide as follows:
"SECTION 32. Article 29, Chapter 3, Title 56 of the S.C. Code is repealed."
"[SECTION 40.](C)(1) SECTIONS 8, 9, 10, 11, 12, 30, 31, 32, and 33 take effect eight months after the approval by the Governor, provided that necessary solicitations are awarded in a timely manner in accordance with the State Consolidated Procurement Code."
ARTICLE 30
Temporary License Plates and Certificates of Registration of Motor Vehicles Used Only for Corporate Research and Development
ARTICLE 30 effective until January 18, 2024.
SECTION 56-3-2710. Temporary plates and registration certificates authorized for certain motor vehicles.
Section effective until January 18, 2024.
The Department of Motor Vehicles upon request and subject to the limitations and conditions set forth in this article shall provide temporary license plates and registration certificates to a corporation for motor vehicles used solely for research and development.
HISTORY: 1989 Act No. 143, Section 1; 1993 Act No. 181, Section 1390.
Editor's Note
2023 Act No. 51, Sections 33 and 40(C)(1), provide as follows:
"SECTION 33. Article 30, Chapter 3, Title 56 of the S.C. Code is repealed."
"[SECTION 40.](C)(1) SECTIONS 8, 9, 10, 11, 12, 30, 31, 32, and 33 take effect eight months after the approval by the Governor, provided that necessary solicitations are awarded in a timely manner in accordance with the State Consolidated Procurement Code."
SECTION 56-3-2720. Fee; application.
Section effective until January 18, 2024.
The fee for each set of temporary license plates and registration certificates is ten dollars. Application for the plates and certificates must be made to the Department of Motor Vehicles on forms it prescribes and furnishes.
HISTORY: 1989 Act No. 143, Section 1.
Editor's Note
2023 Act No. 51, Sections 33 and 40(C)(1), provide as follows:
"SECTION 33. Article 30, Chapter 3, Title 56 of the S.C. Code is repealed."
"[SECTION 40.](C)(1) SECTIONS 8, 9, 10, 11, 12, 30, 31, 32, and 33 take effect eight months after the approval by the Governor, provided that necessary solicitations are awarded in a timely manner in accordance with the State Consolidated Procurement Code."
SECTION 56-3-2730. Design of temporary plates and registration certificates.
Section effective until January 18, 2024.
The temporary license plates and registration certificates must be designed by the Department of Motor Vehicles. On the face of each plate must be imprinted the date of issuance, the date of expiration, the make and identification number of the vehicle, and other information the department requires.
HISTORY: 1989 Act No. 143, Section 1.
Editor's Note
2023 Act No. 51, Sections 33 and 40(C)(1), provide as follows:
"SECTION 33. Article 30, Chapter 3, Title 56 of the S.C. Code is repealed."
"[SECTION 40.](C)(1) SECTIONS 8, 9, 10, 11, 12, 30, 31, 32, and 33 take effect eight months after the approval by the Governor, provided that necessary solicitations are awarded in a timely manner in accordance with the State Consolidated Procurement Code."
SECTION 56-3-2740. Temporary plates and registration certificates not to be transferred; term; renewal.
Section effective until January 18, 2024.
The temporary license plate and registration certificate may be used only for the vehicle for which it is issued and must not be transferred, loaned, or assigned to any other vehicle. They are valid for one hundred twenty days from the date of issuance, but they may be renewed by the Department of Motor Vehicles.
HISTORY: 1989 Act No. 143, Section 1.
Editor's Note
2023 Act No. 51, Sections 33 and 40(C)(1), provide as follows:
"SECTION 33. Article 30, Chapter 3, Title 56 of the S.C. Code is repealed."
"[SECTION 40.](C)(1) SECTIONS 8, 9, 10, 11, 12, 30, 31, 32, and 33 take effect eight months after the approval by the Governor, provided that necessary solicitations are awarded in a timely manner in accordance with the State Consolidated Procurement Code."
SECTION 56-3-2760. Violations; penalties.
Section effective until January 18, 2024.
A person who violates the provisions of this article is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.
HISTORY: 1989 Act No. 143, Section 1.
Editor's Note
2023 Act No. 51, Sections 33 and 40(C)(1), provide as follows:
"SECTION 33. Article 30, Chapter 3, Title 56 of the S.C. Code is repealed."
"[SECTION 40.](C)(1) SECTIONS 8, 9, 10, 11, 12, 30, 31, 32, and 33 take effect eight months after the approval by the Governor, provided that necessary solicitations are awarded in a timely manner in accordance with the State Consolidated Procurement Code."
ARTICLE 31
Special License Plates for Volunteer Firemen
SECTION 56-3-2810. Issuance of special plates; cost; application.
The Department of Motor Vehicles shall issue special motor vehicle license plates to "volunteer firemen" who request them in the manner provided in this article and who are residents of the State for private passenger motor vehicles registered in their respective names. For the purposes of this article "volunteer firemen" means members of organized units providing fire protection without compensation being paid to the members of the units for the service provided and whose membership is certified to the municipal clerk or chairman of the council of the municipality or county in which their unit is based by the chief officer of the unit concerned. The cost of the special license plate as determined by the department must be paid biennially by the requesting volunteer fireman, and only one license plate may be issued to a volunteer fireman. The plate must be issued upon application in a manner and upon forms prescribed by the department and upon approval of the application by the department.
HISTORY: 1984 Act No. 512, Part II, Section 67; 1993 Act No. 164, Part II, Section 22HH; 1993 Act No. 181, Section 1391; 1996 Act No. 459, Section 168.
SECTION 56-3-2820. Plate specifications.
The special license plates must be of the same size and general design of regular motor vehicle license plates and imprinted with the words "Volunteer Fireman" with numbers the Department of Motor Vehicles may determine. The plates are for biennial periods as provided by law.
HISTORY: 1984 Act No. 512, Part II, Section 67; 1993 Act No. 164, Part II, Section 22II.
SECTION 56-3-2830. Transfer and return of plates.
A license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made therefor, in a manner and upon forms which must be prescribed by the Department of Motor Vehicles, and upon approval of the application by the Department. It is unlawful for any person to whom a plate has been issued pursuant to this article knowingly to permit it to be displayed on any vehicle except that one authorized by the Department. If a holder of the plate ceases to be a volunteer fireman he must immediately return the plate to the Department.
HISTORY: 1984 Act No. 512, Part II, Section 67.
SECTION 56-3-2840. Other registration and licensing provisions unaffected; penalties for violations.
The provisions of this article do not affect the registration and licensing of motor vehicles as required by other provisions of this chapter but are cumulative thereto. Any person violating the provisions of this article or any person who (a) fraudulently gives false or fictitious information in any application for a special license plate, as authorized in this article, (b) conceals a material fact in any such application, or (c) otherwise commits a fraud in any such application or in the use of any special license plate issued pursuant to this article is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one hundred dollars or thirty days' imprisonment, or both.
HISTORY: 1984 Act No. 512, Part II, Section 67.
ARTICLE 32
Temporary License Plates and Registration Cards For Trailers and Semi-Trailers
SECTION 56-3-2900. Department of Motor Vehicles authorized to provide temporary license plates and registration cards for trailers and semi-trailers; fees; issuance by manufacturer.
Upon request the Department of Motor Vehicles shall provide temporary license plates and registration cards designed by the department to manufacturers in South Carolina who produce trailers or semi-trailers and who apply for these plates and cards. The fee for each set of license plates and registration cards is twenty dollars. Applications for these license plates and registration cards must be made to the department on forms prescribed and furnished by the department. The department shall issue temporary license plates and registration cards in blocks of up to one hundred per application. When a block of temporary license plates and registration cards is issued, the fee is equal to the number of sets of temporary license plates and registration cards in the block multiplied by twenty dollars. A manufacturer may issue a temporary license plate to a trailer or semi-trailer that is being moved from the manufacturer to the dealer's or purchaser's place of business.
HISTORY: 2000 Act No. 232, Section 1.
SECTION 56-3-2910. Records to be kept by manufacturer.
Each manufacturer must maintain a permanent record of all temporary license plates and registration cards either delivered to it, issued by it, or both. In addition, each manufacturer shall maintain a permanent record of any other information pertaining to the receipt or the issuance of temporary license plates and registration cards that the Department of Motor Vehicles may require. Each record must be kept for a period of at least one year from the date of the latest entry on the record.
HISTORY: 2000 Act No. 232, Section 1.
SECTION 56-3-2920. Issuance and delivery of registration cards by manufacturer.
A manufacturer who issues a temporary license plate shall also prepare a temporary registration card upon a form prescribed and furnished by the Department of Motor Vehicles and must deliver it with the temporary plate to the owner of the trailer or semi-trailer.
HISTORY: 2000 Act No. 232, Section 1.
SECTION 56-3-2930. False information prohibited.
It is unlawful for a manufacturer to issue a temporary plate or registration card containing a misstatement of fact, to knowingly insert false information upon the face of it, or to intentionally leave blank any required information.
HISTORY: 2000 Act No. 232, Section 1.
SECTION 56-3-2940. Information to appear on temporary license plate.
A manufacturer who issues temporary plates shall insert clearly and indelibly on the face of each temporary license plate the date of issuance, the date of expiration, the make, and the identification number of the trailer or semi-trailer for which it is issued and any other information the Department of Motor Vehicles requires.
HISTORY: 2000 Act No. 232, Section 1.
SECTION 56-3-2950. Transfers prohibited.
A temporary license plate must be used only on the trailer or semi-trailer for which it is issued and must not be transferred, loaned, or assigned to any other trailer or semi-trailer.
HISTORY: 2000 Act No. 232, Section 1.
The temporary license plate and registration card is valid for thirty days from the date of issuance to the owner of the trailer or semi-trailer.
HISTORY: 2000 Act No. 232, Section 1.
SECTION 56-3-2970. Violations; penalties; forfeit of license plates and registration cards; suspension of privilege to obtain.
(A) A person who violates the provisions of this article is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days. Each temporary license plate and registration card issued in violation of this article is a separate offense.
(B) Upon determining that a person has violated a provision of this article, the Department of Motor Vehicles may order any and all temporary plates and registration cards issued to the manufacturer be forfeited without refunding any fees, and may suspend or revoke the privilege of the manufacturer to obtain temporary plates.
HISTORY: 2000 Act No. 232, Section 1.
SECTION 56-3-2980. Applicability of other licensing provisions.
If temporary license plates and registration cards are issued for a trailer or semi-trailer pursuant to this article, no other provisions of law of this State relating to temporary licensing and registration shall apply.
HISTORY: 2000 Act No. 232, Section 1.
ARTICLE 33
Special License Plates for Recipients of the Purple Heart [Repealed]
SECTIONS 56-3-3310 to 56-3-3340. Repealed.
HISTORY: Former Section 56-3-3310, titled Recipient of the Purple Heart special license plates, had the following history: 1987 Act No. 138 Section 1; 1993 Act No. 164, Part II, Section 22JJ; 1993 Act No. 181, Section 1392; 1996 Act No. 459, Section 169; 1996 Act No. 422, Section 1; 2001 Act No. 17, Section 1; 2005 Act No. 53, Section 1, eff May 9, 2005; 2008 Act No. 297, Section 9, eff upon approval (became law without the Governor's signature on June 12, 2008); 2012 Act No. 272, Section 20, eff December 26, 2012. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
HISTORY: Former Section 56-3-3320, titled Design of plate; handicapped eligibility, had the following history: 1987 Act No. 138 Section 1; 1993 Act No. 164, Part II, Section 22KK; 1996 Act No. 422, Section 2; 2000 Act No. 242, Section 2. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
HISTORY: Former Section 56-3-3330, titled Transfer of plate to different vehicle without authorization prohibited, had the following history: 1987 Act No. 138 Section 1. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
HISTORY: Former Section 56-3-3340, titled Compliance with licensing and registration provisions required; penalties, had the following history: 1987 Act No. 138 Section 1. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
ARTICLE 34
National Wild Turkey Federation Special License Plates
SECTION 56-3-3410. National Wild Turkey Federation special license plates authorized.
(A) The Department of Motor Vehicles may issue special motor vehicle license plates to members of the National Wild Turkey Federation for private motor vehicles registered in their names. The fee for this special license plate is seventy dollars every two years in addition to the regular motor vehicle registration fee contained in Article 5. The license plates issued pursuant to this section must conform to a design agreed to by the department and the chief executive officer of the organization. The plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.
(B) The fees collected pursuant to this section above the cost of the regular motor vehicle registration fee must be distributed to the National Wild Turkey Federation.
HISTORY: 2001 Act No. 104, Section 7.
SECTION 56-3-3420. Prepaid applications required.
(A) Before the Department of Motor Vehicles produces and distributes a special license plate pursuant to this section, it must receive:
(1) four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department shall retain the deposit; and
(2) a plan to market the sale of the special license plate which must be approved by the department.
(B) If the department receives fewer than three hundred biennial applications and renewals for a particular special license plate, it may not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted.
HISTORY: 2001 Act No. 104, Section 7.
ARTICLE 35
Penn Center Special License Plates
SECTION 56-3-3500. "Penn Center" license plates; fee; special fund for Penn Center, Inc.
(A) The Department of Motor Vehicles may issue "Penn Center" special motor vehicle license plates to owners of private passenger motor vehicles as defined in Section 56-3-630 registered in their names which may have imprinted on the plate an emblem, a seal, or other symbol of the Penn Center. Penn Center, Inc. shall submit to the department for its approval the emblem, seal, or other symbol it desires to be used for this special license plate. Penn Center, Inc. may request a change in the emblem, seal, or other symbol not more than once every five years. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The fee for this special license plate is the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title and a special motor vehicle license fee of thirty dollars.
(B) Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167, an amount equal to the expenses of the Department of Motor Vehicles in producing and administering the special license plates. The remaining funds collected from the special motor vehicle license fee must be distributed to Penn Center, Inc., to support its activities.
(C) Before the department produces and distributes a plate authorized under this section, it must receive:
(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and
(2) a plan to market the sale of the special license plate that must be approved by the department.
(D) If the department receives less than three hundred biennial applications and renewals for a particular special license plate authorized under this section, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted.
HISTORY: 2002 Act No. 290, Section 1; 2008 Act No. 347, Section 22, eff June 16, 2008; 2016 Act No. 275 (S.1258), Section 36, eff July 1, 2016.
ARTICLE 36
South Carolina Nurses Special License Plates
SECTION 56-3-3600. South Carolina Nurses license plates; fee; special fund for South Carolina Nurses Foundation.
(A) The Department of Motor Vehicles may issue South Carolina Nurses special license plates to owners of private passenger-carrying motor vehicles registered in their names. The fee for each special license plate is forty-six dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5. Each special license plate must be of the same size and general design of regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued.
(B) Of the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167, an amount equal to the expenses of the Department of Motor Vehicles in producing and administering this special license plate. The remaining funds collected from the special motor vehicle license fee must be distributed to the South Carolina Nurses Foundation to endow scholarships for all of the state's registered nursing programs.
(C) Before the department produces and distributes the South Carolina Nurses special license plates pursuant to this section, it must receive:
(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department shall refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the respective license plate, the department shall retain the deposit;
(2) a plan to market the sale of the special license plate which must be approved by the department.
(D) If the department receives less than three hundred biennial applications and renewals for a particular special license plate, it may not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted.
HISTORY: 2002 Act No. 290, Section 2; 2016 Act No. 275 (S.1258), Section 37, eff July 1, 2016.
ARTICLE 37
Special College or University License Plates
SECTION 56-3-3710. Issuance of license plates with college or university emblems; fee; distribution of fee revenues; minimum number of licenses required.
(A) The Department of Motor Vehicles may issue to owners of private passenger motor vehicles special motor vehicle license plates which may have imprinted on them an emblem, a seal, or other symbol the department considers appropriate of a public college or university or independent institution of higher learning, defined in Section 59-113-50, located in this State. A school may submit to the department for its approval the emblem, seal, or other symbol it desires to be used for its respective special license plate. A school also may request a change in the emblem, seal, or other symbol once the existing inventory of the license plate has been exhausted. The fee for this special license plate is seventy dollars every two years in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.
(B) The fees collected pursuant to this section must be distributed to a separate fund for each of the respective colleges, universities, or independent institutions of higher learning. Each fund must be administered by the school and may be used only for academic scholarships. Funds collected for state colleges and universities must be deposited with the State Treasurer. Funds collected for independent institutions must be deposited in an account designated by the respective school. The distribution of the fee is forty dollars to the school for each special license plate sold for the respective school and thirty dollars placed by the Comptroller General into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167.
The department shall receive one hundred or more applications requesting a special license plate for a school before a specialized license plate may be developed for that school.
HISTORY: 1986 Act No. 540, Part II, Section 11; 1987 Act No. 170, Part II, Section 16; 1990 Act No. 591, Section 4; 1993 Act No. 164, Part II, Section 22LL; 1993 Act No. 181, Section 1393; 1996 Act No. 459, Section 170; 1999 Act No. 63, Section 9; 2016 Act No. 275 (S.1258), Section 38, eff July 1, 2016.
SECTION 56-3-3720. Transfer of special license plates; prohibition against display of license plate on unauthorized vehicle.
The license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made and approved by the Department of Motor Vehicles. It is unlawful for any person to whom the special plate has been issued to knowingly permit it to be displayed on any vehicle except the one authorized by the department.
HISTORY: 1986 Act No. 540, Part II, Section 11.
SECTION 56-3-3725. Reference to or symbol of college or university on license plate.
License plates issued pursuant to this article shall not contain a reference to a private or public college or university in this State or use symbols, designs, or logos of these institutions without the institution's written authorization.
HISTORY: 1998 Act No. 392, Section 3.
SECTION 56-3-3730. Applicability of article to other provisions of chapter; violations and penalties.
The provisions of this article do not affect the registration and licensing of motor vehicles as required by other provisions of this chapter, but are cumulative to them. Any person violating the provisions of this article is guilty of a misdemeanor and upon conviction must be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days.
HISTORY: 1986 Act No. 540, Part II, Section 11.
ARTICLE 38
American Legion Special License Plates [Repealed]
HISTORY: Former Section, titled American Legion special license plate; deposit requirement; production limitations for special license plates, had the following history: 2002 Act No. 354, Section 8; 2008 Act No. 347, Section 2, eff June 16, 2008. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
ARTICLE 39
Shag Commemorative License Plates
SECTION 56-3-3910. Issuance of special license plate; fee; size of plate; reserved number.
The Department of Motor Vehicles may issue a special commemorative motor vehicle license plate commemorating the fiftieth anniversary of the introduction of the State Dance, the Shag, in 1988 for use by owners on their private passenger motor vehicles. The biennial fee for the commemorative license plate is fifty dollars in addition to the regular motor vehicle registration fee prescribed by Article 5 of this chapter. This license plate must be of the same size and general design of regular motor vehicle license plates. The plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it was issued. License number "one" for the Shag license plate is reserved for the president of the Columbia Shag Club in Richland County.
HISTORY: 1987 Act No. 170, Part II, Section 13; 1989 Act No. 189, Part II, Section 19; 1993 Act No. 164, Part II, Section 22MM; 1996 Act No. 459, Section 171; 2012 Act No. 264, Section 3, eff June 18, 2012.
SECTION 56-3-3920. Transfer of plate; unauthorized use.
A special license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made therefor and approved by the Department of Motor Vehicles. It is unlawful for any person to whom such a commemorative license plate has been issued knowingly to permit the plate to be displayed on any vehicle except the one authorized by the department.
HISTORY: 1987 Act No. 170, Part II, Section 13.
SECTION 56-3-3930. Applicability of article to other provisions of chapter.
The provisions of this article do not affect the registration and licensing of motor vehicles as required by other provisions of this chapter but are cumulative thereto.
HISTORY: 1987 Act No. 170, Part II, Section 13.
ARTICLE 40
Keep South Carolina Beautiful License Plates
SECTION 56-3-3950. "Keep It Beautiful" license plates; special fund for road enhancement.
The department may issue a special commemorative "Keep It Beautiful" motor vehicle license plate for use by owners on their private passenger motor vehicles to establish a special fund to be used by the Department of Transportation for the purposes of enhancing the state's roads and highways. These enhancements may include landscaping, wildflower plantings, scenic easem*nts, or other highway enhancement projects. The Department of Transportation, in implementing this program, may not expend beautification funds for wildflowers without prior approval of the South Carolina Department of Agriculture. The Department of Agriculture shall ensure, before granting approval, that the varieties of wildflowers used in beautification are not harmful to agriculture at or near a proposed project. The biennial fee for the commemorative license plate is fifty-four dollars. Notwithstanding any other provision of law, of the fees collected for this special license plate, the Comptroller General shall place into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167, an amount equal to the department's expenses in producing and administering this special license plate. Any remaining funds must be placed in a special "Highway Beautification Fund" established within and administered by the Department of Transportation. This biennial fee is in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 7 of this title. The commemorative plate must be of the same size and general design of regular motor vehicle license plates and must be imprinted with the words "Keep It Beautiful". The plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.
HISTORY: 1990 Act No. 591, Section 5; 1993 Act No. 164, Part II, Section 22NN; 1994 Act No. 497, Part II, Section 86B; 2005 Act No. 31, Section 1, eff upon approval (became law without the Governor's signature on April 7, 2005); 2016 Act No. 275 (S.1258), Section 39, eff July 1, 2016.
SECTION 56-3-3960. Transfer of special license plate to another vehicle; unauthorized use.
A special license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made and approved by the Department of Motor Vehicles. It is unlawful for any person to whom such a commemorative license plate has been issued knowingly to permit the plate to be displayed on any vehicle except the one authorized by the department.
HISTORY: 1990 Act No. 591, Section 5.
SECTION 56-3-3970. Cumulative effect of article.
The provisions of this article do not affect the registration and licensing of motor vehicles as required by other provisions of this chapter but are cumulative thereto.
HISTORY: 1990 Act No. 591, Section 5.
ARTICLE 41
South Carolina Elks Association Special License Plates
SECTION 56-3-4100. South Carolina Elks Association Special License Plates.
(A) The Department of Motor Vehicles may issue special motor vehicle license plates to owners of private passenger motor vehicles as defined in Section 56-3-630 and motorcycles registered in their names which shall have imprinted on the plate the words "South Carolina Elks Association". The fee for this special license plate is the regular motor vehicle license fee set forth in Article 5, Chapter 3 of this title and the special fee required by Section 56-3-2020. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.
(B) Notwithstanding any other provision of law, of the fees collected for the special license plate, the Comptroller General shall place into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167, an amount equal to the expenses of the Department of Motor Vehicles in producing and administering the special license plate. Any remaining funds must be deposited in a special account, separate and apart from the general fund, designated for use by the South Carolina Elks Association to be used to support its Alzheimer's state project.
(C) Before the Department of Motor Vehicles produces and distributes a special license plate pursuant to this section, it must receive four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate and, a plan to market the sale of the special license plate must be approved by the department. If the equivalent amount is not collected within four years of the first issuance of the license plate, the department shall retain the deposit.
(D) If the department receives less than three hundred biennial applications and renewals for the 'South Carolina Elks Association' special license plate, it may not produce additional special license plates in that series. However, the department shall continue to issue special license plates of that series until the existing inventory is exhausted.
HISTORY: 2003 Act No. 51, Section 1; 2008 Act No. 347, Sections 3, 23, eff June 16, 2008; 2016 Act No. 275 (S.1258), Section 40, eff July 1, 2016.
ARTICLE 42
Carolina Panthers Special License Plates
SECTION 56-3-4200. Authority to issue special license plates; collector plates; fees; minimum number of orders.
(A) The Department of Motor Vehicles may issue "Carolina Panthers" special motor vehicle license plates to owners of private passenger motor vehicles as defined in Section 56-3-630 registered in their names which may have imprinted on the plates an emblem, seal, or symbol of the National Football League's Carolina Panthers. The National Football League's Carolina Panthers shall submit to the department for its approval the emblem, seal, or symbol it desires to be used for the plates. The National Football League's Carolina Panthers shall submit to the department written authorization for the use of any copyrighted or registered logos, trademarks, or designs. The National Football League may request a change in the emblem, seal, or symbol not more than once every five years. The plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued. The fee for the plate is the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title and a special motor vehicle license fee of seventy dollars.
(B) The department also may provide, upon request, special "Carolina Panthers" collector license plates which must not be displayed on a vehicle registered or required to be registered in this State. A person displaying the collector license plates on a vehicle registered or required to be registered in this State is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars or be imprisoned for not more than thirty days. The collector license plates must be the same size and general design of the "Carolina Panthers" special motor vehicle license plates. The fee for issuance of the collector license plates is twenty-five dollars. The words "collector license plate" must be imprinted on the collector license plates.
(C) Notwithstanding another provision of law, from the fees collected pursuant to this section, the Comptroller General shall place into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167, an amount equal to the expenses of the department in producing and administering the plates. The remaining funds collected from the special motor vehicle license fee must be distributed to the South Carolina Department of Parks, Recreation and Tourism and used by the State Park Service for recreational enhancements and improvements.
(D) Before the department produces and distributes a plate authorized under this section, it must receive:
(1) four hundred prepaid applications for the plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department shall refund the four thousand dollars once an equivalent amount of fees is collected for the plate. If the equivalent amount is not collected within four years of the first issuance of the plate, then the department shall retain the deposit; and
(2) a plan to market the sale of the plate which must be approved by the department.
(E) If the department receives less than three hundred biennial applications and renewals for the plate, it may not produce additional plates in that series. The department shall continue to issue plates of that series until the existing inventory is exhausted.
HISTORY: 2004 Act No. 309, Section 1; 2008 Act No. 347, Section 24, eff June 16, 2008; 2016 Act No. 275 (S.1258), Section 41, eff July 1, 2016.
ARTICLE 43
Special License Plates-Retired Members of the United States Armed Forces [Repealed]
SECTIONS 56-3-4310 to 56-3-4340. Repealed.
HISTORY: Former Section 56-3-4310, titled Issuance of plates; who is entitled; fees, had the following history: 1991 Act No. 96, Section 1; 1993 Act No. 181, Section 1394; 1996 Act No. 459, Section 173; 2008 Act No. 347, Section 4, eff June 16, 2008. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
HISTORY: Former Section 56-3-4320, titled Size, design, imprint, had the following history: 1991 Act No. 96, Section 1. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
HISTORY: Former Section 56-3-4330, titled Transfer to or display on different vehicle, had the following history: 1991 Act No. 96, Section 1. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
HISTORY: Former Section 56-3-4340, titled Cumulative effect of article; prohibited acts; penalties, had the following history: 1991 Act No. 96, Section 1. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
ARTICLE 44
Share the Road License Plates
SECTION 56-3-4410. "Share the Road" license plates; fees; special fund for bicycling safety and education programs.
(A) The Department of Motor Vehicles may issue "Share the Road" special motor vehicle license plates to owners of private passenger motor vehicles as defined in Section 56-3-630 and motorcycles registered in their names which may have imprinted on the plate an emblem, a seal, or other symbol of the Palmetto Cycling Coalition, Inc. The Palmetto Cycling Coalition, Inc. shall submit to the department for its approval the emblem, seal, or other symbol it desires to be used for this special license plate. The Palmetto Cycling Coalition, Inc. may request a change in the emblem, seal, or other symbol not more than once every five years. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The fee for this special license plate is the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title and a special motor vehicle license fee of thirty dollars.
(B) Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General shall place into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167, an amount equal to the expenses of the Department of Motor Vehicles in producing and administering the special license plates. The remaining funds collected from the special motor vehicle license fee must be distributed to the Palmetto Cycling Coalition, Inc., or another nonprofit fund designated by the Palmetto Cycling Coalition, Inc., for the promotion of bicycling safety and education programs. Any remaining funds must be administered by the Palmetto Cycling Coalition, Inc., used only for efforts to promote bicycle safety and education programs, and deposited in an appropriate nonprofit account designated by the Palmetto Cycling Coalition, Inc.
(C) Before the department produces and distributes a plate authorized under this section, it must receive:
(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and
(2) a plan to market the sale of the special license plate that must be approved by the department.
(D) If the department receives less than three hundred biennial applications and renewals for a particular special license plate authorized under this section, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted.
HISTORY: 2002 Act No. 264, Section 1; 2008 Act No. 347, Sections 5, 25, eff June 16, 2008; 2016 Act No. 275 (S.1258), Section 42, eff July 1, 2016.
ARTICLE 45
South Carolina Wildlife License Plates
SECTION 56-3-4510. "South Carolina Protects Endangered Species" and "South Carolina Wildlife" commemorative plates; disposition of fees collected.
(A) The Department of Motor Vehicles shall issue a series of special commemorative motor vehicle license plates for use by the owner on his private passenger motor vehicle for the purposes of the "Nongame Wildlife and Natural Areas Fund" provided in Section 50-1-280. The special fee for the commemorative license plate is thirty dollars and this amount must be placed in the fund. This fee is in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of Title 56. The commemorative plate must be of the same size and general design of regular motor vehicle license plates and must be imprinted with the words "South Carolina Protects Endangered Species". The plates must be issued or revalidated for a biennial period, which expires twenty-four months from the month they are issued. Once the plate supply is exhausted, any revenues derived from a renewal or transfer of a "South Carolina Protects Endangered Species" plate must be distributed as directed in this subsection.
(B) The department shall issue a collection of special motor vehicle license plates to owners of private passenger carrying motor vehicles and motorcycles. The fee for each special license plate is thirty dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5, Chapter 3 of this title. Each special license plate must be of the same size and general design of regular motor vehicle license plates, and must be imprinted with the words "South Carolina Wildlife". Each special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued.
(C) Of the fees collected pursuant to this section, the Comptroller General shall place into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167, an amount equal to the expenses of the department in producing and administering this special license plate collection. The remaining funds collected from each special motor vehicle license plate fee must be deposited in the Game Protection Fund provided for in Title 50.
(D) The department simultaneously may make available more than one special license plate. However, before the department produces and distributes a special license plate with the South Carolina Wildlife collection pursuant to this section, it must comply with the provisions contained in Section 56-3-8100.
HISTORY: 1993 Act No. 156, Section 1; 1995 Act No. 115, Section 1; 1996 Act No. 459, Section 174; 2008 Act No. 353, Section 2, Pt 8C.1, eff July 1, 2008; 2009 Act No. 79, Section 2.A, eff June 16, 2009; 2016 Act No. 275 (S.1258), Section 43, eff July 1, 2016.
ARTICLE 46
Homeownership: The American Dream Special License Plates
SECTION 56-3-4600. Authority to issue special license plates; fees; minimum number required.
(A) The Department of Motor Vehicles may issue "Homeownership: The American Dream" special motor vehicle license plates to owners of private passenger motor vehicles as defined in Section 56-3-630 registered in the owners' names, which may have imprinted on the plate an emblem, a seal, or other symbol approved by the South Carolina Association of Realtors and the department. The South Carolina Association of Realtors may submit to the department for approval the emblem, seal, or symbol the South Carolina Association of Realtors wishes to display on the plate. The association must submit to the department written authorization for the use of any copyrighted or registered logo, trademark, or design. The association may request a change in the emblem, seal, or symbol used not more than once in five years. Each special license plate must be of the same size and general design of regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued. The fee for each special license plate is the regular motor vehicle license fee set forth in Article 5, Chapter 3 of this title and one hundred dollars for a special plate.
(B) Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General shall place into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167, an amount equal to the expenses of the Department of Motor Vehicles in producing and administering the special license plates. The remaining funds collected from the special motor vehicle license fee must be administered by the South Carolina Association of Realtors and deposited in an appropriate nonprofit account designated by the association for distribution to Habitat for Humanity International or another nonprofit fund designated by the association for the construction of new homes for low income families in South Carolina.
(C) Before the department produces and distributes the "Homeownership: The American Dream" special license plate pursuant to this section, it must receive:
(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the respective license plate, the department must retain the deposit;
(2) a plan to market the sale of the special license plate which must be approved by the department.
(D) If the department receives less than three hundred biennial applications and renewals for the plate, it may not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted.
HISTORY: 2004 Act No. 310, Section 1; 2008 Act No. 347, Section 26, eff June 16, 2008; 2016 Act No. 275 (S.1258), Section 44, eff July 1, 2016.
ARTICLE 48
Sons of Confederate Veterans Special License Plates
SECTION 56-3-4800. Sons of Confederate Veterans license plates; distribution of fees; prepaid applications.
(A) The department may issue Sons of Confederate Veterans special license plates to owners of private passenger-carrying motor vehicles and motorcycles registered in their names. The fee for each special license plate is thirty dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5, Chapter 3 of this title. Each special license plate must be of the same size and general design of regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued.
(B) Of the fees collected pursuant to this section, the Comptroller General shall place into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167, an amount equal to the expenses of the department in producing and administering this special license plate. The remaining funds collected from the special motor vehicle license fee must be distributed to the South Carolina Division of the Sons of Confederate Veterans.
(C) Before the department produces and distributes the Sons of Confederate Veterans special license plates pursuant to this section, it must receive:
(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department shall refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the respective license plate, the department shall retain the deposit; and
(2) a plan to market the sale of the special license plate which must be approved by the department.
(D) If the department receives less than three hundred biennial applications and renewals for this special license plate, it may not produce additional special license plates in this series. The department shall continue to issue special license plates of this series until the existing inventory is exhausted.
HISTORY: 2005 Act No. 21, Section 1, eff upon approval (became law without the Governor's signature on March 24, 2005); 2008 Act No. 347, Section 6, eff June 16, 2008; 2016 Act No. 275 (S.1258), Section 45, eff July 1, 2016.
ARTICLE 49
South Carolina Firefighters License Plates
SECTION 56-3-4910. Authorization to issue plates; disposition of fees.
(A) The Department of Motor Vehicles shall issue special motor vehicle license plates to active and retired South Carolina firefighters who request them in the manner provided in this article and who are residents of the State for private passenger motor vehicles owned by them. The special license plates, which must be of the same size and general design of regular motor vehicle license plates, must be imprinted with the words "SOUTH CAROLINA FIREFIGHTER" together with a fire service emblem and with numbers as the department may determine. The plates are for annual periods as provided by law. The fee for this special license plate is thirty-five dollars each year which is in addition to the regular motor vehicle registration fee as set forth in Article 5, Chapter 3 of this title.
(B) The fees collected pursuant to this section must be deposited in a separate fund for the South Carolina Fire Academy. The fund must be administered by the Department of Labor, Licensing and Regulation Division of State Fire Marshal and must be used only to train in-state public firefighters, paid and volunteer, to comply with state and federal mandated training standards. Funds collected must be deposited with the State Treasurer. The distribution of the funds is based on twenty dollars to the academy for each special license plate sold and fifteen dollars placed by the Comptroller General into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167.
(C) The department must receive one hundred or more applications requesting a special license plate for the South Carolina Firefighters before a specialized license plate may be developed.
HISTORY: 1992 Act No. 438, Section 1; 1993 Act No. 181, Section 1396; 1996 Act No. 459, Section 176; 2016 Act No. 275 (S.1258), Section 46, eff July 1, 2016.
SECTION 56-3-4920. Display of plate limited to authorized vehicle; transfer to different vehicle.
The license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made and approved by the Department of Motor Vehicles. It is unlawful for any person to whom the special plate has been issued knowingly to permit it to be displayed on a vehicle except the one authorized by the department.
HISTORY: 1992 Act No. 438, Section 1.
SECTION 56-3-4930. Cumulative effect of article; penalties for violation.
The provisions of this article do not affect the registration and licensing of motor vehicles as required by other provisions of this chapter, but are cumulative to them. A person who violates the provisions of this article is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days.
HISTORY: 1992 Act No. 438, Section 1.
ARTICLE 50
Public Education: A Great Investment License Plates
SECTION 56-3-5010. Authorization to issue special license plates; fees.
The Department of Motor Vehicles may issue a special commemorative "Public Education: A Great Investment" motor vehicle license plate to establish a special fund to be used by the Department of Education for the purpose of providing computers to the public schools. The biennial fee for the commemorative license plate is fifty-four dollars, and of this amount, twenty dollars must be placed in a special "Public Education: A Great Investment Fund" established within and administered by the Department of Education to purchase computers for use in the classroom and thirty-four dollars must be distributed to the school district or a school chosen by the license plate purchaser to be used to purchase computers for use in the classroom. The Department of Motor Vehicles shall report to the Department of Education the school district and the school chosen by the license plate purchaser to which the funds must be distributed. The Department of Education shall distribute funds to the district for further distribution to the schools chosen by the license plate purchasers. The commemorative plate must be of the same size and general design of regular motor vehicle license plates and must be imprinted with the words "Public Education: A Great Investment". The plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.
HISTORY: 1996 Act No. 342, Section 1; 1997 Act No. 155, Part II, Section 18A.
ARTICLE 51
South Carolina: First in Golf License Plates
SECTION 56-3-5200. "South Carolina: First in Golf" license plates.
(A) The Department of Motor Vehicles may issue a special "South Carolina: First In Golf" motor vehicle license plate to establish a special fund to be used by the Department of Parks, Recreation and Tourism to provide grants to promote the South Carolina Junior Golf Association.
The fee for this special license plate is seventy dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5, Chapter 3 of this title. The special license plate must be of the same size and general design of a regular motor vehicle license plate and must be imprinted with the words South Carolina: First in Golf". The plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.
(B) The fees collected pursuant to this section must be distributed to a special "South Carolina: First In Golf" fund established within and administered by the Department of Parks, Recreation and Tourism to promote the South Carolina Junior Golf Association. The distribution is forty dollars to the fund and thirty dollars placed by the Comptroller General into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167.
(C) Before the Department of Motor Vehicles produces and distributes a special license plate pursuant to this section, it must receive:
(1) four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and
(2) a plan to market the sale of the special license plate which must be approved by the department.
(D) If the department receives less than three hundred biennial applications and renewals for a particular special license plate, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted.
HISTORY: 1999 Act No. 63, Section 10; 2012 Act No. 264, Section 4, eff June 18, 2012; 2016 Act No. 275 (S.1258), Section 47, eff July 1, 2016.
ARTICLE 52
Charter Limousine License Plates
SECTION 56-3-5300. Charter limousines to acquire special Class C license plates; biennial fee.
(A) In addition to complying with any other registration and license fee requirement contained in this chapter, a "charter limousine" regulated by the South Carolina Public Service Commission must acquire a special license plate from the Department of Motor Vehicles upon submission of proof that the charter limousine is certified as a "Class C Charter Limousine" by the commission.
(B) The biennial fee for this special license plate is twenty-five dollars.
(C) Of the funds appropriated to the Public Service Commission in the Annual Appropriations Act for 1997-98 and subsequent years for Operations/Administration, Other Operating Expenses, sufficient funds must be used to process documents providing proof that the charter limousine is certified as a "Class C Charter Limousine" as required by subsection (A).
HISTORY: 1997 Act No. 155, Part II, Section 62A.
ARTICLE 53
Normandy Invasion Survivors Special License Plates [Repealed]
HISTORY: Former Section, titled Authority to issue Normandy Invasion Survivor license plates, had the following history: 2000 Act No. 347, Section 1. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
ARTICLE 54
Fraternal Order of Police Special License Plates
SECTION 56-3-5400. Fraternal Order of Police special license plates.
(A) The department may issue "Fraternal Order of Police" special license plates to owners of private passenger motor vehicles and motorcycles registered in their names who are active members in good standing with the Fraternal Order of Police. Identification of current membership must be presented at the time of initial application. The fee for each special license plate is thirty dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5, Chapter 3 of this title. Each special license plate must be of the same size and general design of regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued. A person issued a special license plate pursuant to this section who is not or who ceases to be a member of the Fraternal Order of Police must remove the license plate from his vehicle on the date the license plate registration is due for renewal and obtain another valid license plate. A person who knowingly fails to surrender his license plate pursuant to this section is guilty of a misdemeanor and, upon conviction, may be fined one hundred dollars or sentenced to thirty days in jail, or both.
(B) Of the fees collected pursuant to this section, the Comptroller General shall place the regular motor vehicle license fee into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167. The remaining funds collected from the special motor vehicle license fee must be distributed to the State Lodge of the Fraternal Order of Police to be used to support the families of officers killed in the line of duty.
(C) Before the department produces and distributes the Fraternal Order of Police special license plates pursuant to this section, it must receive:
(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department shall refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the respective license plate, the department shall retain the deposit; and
(2) a plan to market the sale of the special license plate which must be approved by the department.
(D) If the department receives less than three hundred biennial applications and renewals for this special license plate, it may not produce additional special license plates in this series. The department shall continue to issue special license plates of this series until the existing inventory is exhausted.
HISTORY: 2005 Act No. 54, Section 1, eff May 9, 2005; 2006 Act No. 398, Section 6, eff September 7, 2006; 2008 Act No. 347, Section 7, eff June 16, 2008; 2016 Act No. 275 (S.1258), Section 48, eff July 1, 2016.
Article 55
Pearl Harbor Survivors' License Plates [Repealed]
SECTIONS 56-3-5910 to 56-3-5950. Repealed.
HISTORY: Former Section 56-3-5910, titled Persons eligible, had the following history: 1990 Act No. 591, Section 6; 1990 Act No. 597, Section 3; 1996 Act No. 459, Section 177. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
HISTORY: Former Section 56-3-5920, titled Design and issuance of "Pearl Harbor Survivor" license plate, had the following history: 1990 Act No. 591, Section 6; 1990 Act No. 597, Section 3; 1993 Act No. 181, Section 1397. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
HISTORY: Former Section 56-3-5930, titled Proof of eligibility and registration; fee; verification, had the following history: 1990 Act No. 591, Section 6; 1990 Act No. 597, Section 3; 1996 Act No. 459, Section 178. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
HISTORY: Former Section 56-3-5940, titled Revalidation, had the following history: 1990 Act No. 591, Section 6; 1990 Act No. 597, Section 3. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
HISTORY: Former Section 56-3-5950, titled One special plate per person; plate not transferable, had the following history: 1990 Act No. 591, Section 6; 1990 Act No. 597, Section 3. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
ARTICLE 56
United States Armed Services Special License Plates [Repealed]
HISTORY: Former Section, titled Armed Services special license plates, had the following history: 2005 Act No. 158, Section 3, eff June 10, 2005; 2008 Act No. 347, Section 8, eff June 16, 2008; 2012 Act No. 272, Section 29, eff December 26, 2012. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
ARTICLE 57
United States Naval Academy Special License Plates
SECTION 56-3-6500. United States Naval Academy special license plates.
The Department of Motor Vehicles may issue "United States Naval Academy" special license plates to owners of private passenger motor vehicles registered in their names. The applicant must be a graduate of the United States Naval Academy. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of thirty dollars. Any portion of the additional thirty-dollar fee not set aside by the Comptroller General to defray the costs of production and distribution must be distributed to the United States Naval Academy Alumni Association.
HISTORY: 2006 Act No. 398, Section 7, eff September 7, 2006.
ARTICLE 58
County Veterans Affairs Officers Special License Plates
SECTION 56-3-7000. County Veterans Affairs Officers special license plates.
The Department of Motor Vehicles may issue a special motor vehicle license plate to a County Veterans Affairs Officer for a private motor vehicle registered in his name. Only one plate may be issued to a person. The biennial fee for the special license plate is the same as the fee provided in Section 56-3-2020.
HISTORY: 1999 Act No. 63, Section 15.
SECTION 56-3-7010. Size, design, and contents of license plates; revalidation.
The special plates must be of the same size and general design as a regular motor vehicle license plate. The Department of Motor Vehicles shall imprint the special license plate with the words County Veterans Affairs Officer" together with numbers the department may determine necessary. The plate must be issued or revalidated biennially for the regular registration and licensing period.
HISTORY: 1999 Act No. 63, Section 15.
Article 59
United States Air Force Academy Special License Plates
SECTION 56-3-7050. United States Air Force Academy special license plates.
The Department of Motor Vehicles may issue "United States Air Force Academy" special license plates to owners of private passenger motor vehicles registered in their names. The applicant must be a graduate of the United States Air Force Academy. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of thirty dollars. Any portion of the additional thirty-dollar fee not set aside by the Comptroller General to defray the costs of production and distribution must be distributed to the United States Air Force Academy Alumni Association.
HISTORY: 2006 Act No. 398, Section 8, eff September 7, 2006.
Article 61
Arts Awareness Special License Plates
SECTION 56-3-7200. Arts Awareness special license plates; deposition of fees.
(A) The department may issue Arts Awareness special license plates to owners of private passenger-carrying motor vehicles registered in their names to establish a special fund to be used by the South Carolina Arts Commission for the purpose of funding activities that support a thriving arts environment in South Carolina. The biennial fee for the special license plates is seventy dollars in addition to the regular motor vehicle license plate fee contained in ARTICLE 5, Chapter 3 of this title. Each special license plate must be of the same size and general design of regular motor vehicle license plates, must be imprinted with artwork to be selected through a process conducted by the South Carolina Arts Commission, and numbers as the department may determine. Each special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued.
(B) Of the fees collected pursuant to this section, the Comptroller General shall place into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167, an amount equal to the expenses of the department in producing and administering this special license plate. The remaining funds collected from the special motor vehicle license fee must be deposited in a separate fund for the South Carolina Arts Commission and be used solely to support activities that build a thriving arts environment in South Carolina.
(C) Before the department produces and distributes the Arts Awareness special license plates pursuant to this section, it must receive:
(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department shall refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the respective license plate, the department shall retain the deposit; and
(2) a plan to market the sale of the special license plate which must be approved by the department.
(D) If the department receives less than three hundred biennial applications and renewals for this special license plate, it may not produce additional special license plates in this series. The department shall continue to issue special license plates of this series until the existing inventory is exhausted.
HISTORY: 2005 Act No. 55, Section 1, eff May 9, 2005; 2016 Act No. 275 (S.1258), Section 49, eff July 1, 2016.
ARTICLE 62
Saltwater Fishing Special License Plates
SECTION 56-3-7300. Saltwater Fishing special license plates.
(A) The Department of Motor Vehicles may issue "Saltwater Fishing" special motor vehicle license plates to owners of private passenger motor vehicles as defined in Section 56-3-630 registered in their names. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The fee for this special license plate is the regular motor vehicle license fee contained in Article 5, Chapter 3 of this title and a special motor vehicle license fee of seventy-five dollars.
(B) Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General shall place into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167, an amount equal to the expenses of the Department of Motor Vehicles in producing and administering the special license plates. The remaining funds collected from the special motor vehicle license fee must be deposited in a special account, separate and apart from the general fund, established within and administered by the Department of Natural Resources to manage and conserve the marine resources of the State.
(C) Before the department produces and distributes a plate authorized under this section, it must receive:
(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and
(2) a plan to market the sale of the special license plate that must be approved by the department.
(D) If the department receives less than three hundred biennial applications and renewals for a particular special license plate authorized under this section, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted.
HISTORY: 2002 Act No. 352, Section 1; 2003 Act No. 44, Section 1; 2008 Act No. 347, Section 27, eff June 16, 2008; 2016 Act No. 275 (S.1258), Section 50, eff July 1, 2016.
ARTICLE 63
Support Our Troops Special License Plates [Repealed]
HISTORY: Former Section, titled Support Our Troops special license plates, had the following history: 2006 Act No. 398, Section 9, eff September 7, 2006; 2016 Act No. 275 (S.1258), Section 51, eff July 1, 2016. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
ARTICLE 64
Emergency Medical Service Special License Plates
SECTION 56-3-7320. Emergency Medical Service special license plates.
The Department of Motor Vehicles may issue "Emergency Medical Service" special license plates to owners of private passenger motor vehicles registered in their names. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of thirty dollars. The Comptroller General shall place into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167, an amount equal to the department's costs of production and distribution. Any portion of the additional thirty-dollar fee not placed in the State Highway Fund by the Comptroller General must be distributed to the South Carolina Emergency Medical Services Association.
HISTORY: 2006 Act No. 398, Section 10, eff September 7, 2006; 2016 Act No. 275 (S.1258), Section 52, eff July 1, 2016.
ARTICLE 65
"Boy Scouts of America" and "Eagle Scout"
Special License Plates
SECTION 56-3-7330. Boy Scouts of America and Eagle Scout special license plates.
(A) The Department of Motor Vehicles may issue "Boy Scouts of America" special license plates to owners of private passenger motor vehicles, as defined in Section 56-3-630, or motorcycles as defined in Section 56-3-20, registered in their names. The requirements for production, collection, and distribution of fees for the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of thirty dollars. Any portion of the additional thirty-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the South Carolina Indian Waters Council, Boy Scouts of America, to then be distributed to the other five Boy Scout councils serving counties in South Carolina.
(B)(1) The Department of Motor Vehicles may issue "Eagle Scouts of America" special license plates to owners of private passenger motor vehicles, as defined in Section 56-3-630, or motorcycles as defined in Section 56-3-20, registered in their names who have been awarded the Eagle Scout Award from the Boy Scouts of America. The motor vehicle owner must present the department with official documentation that states that he was awarded the Eagle Scout Award, along with his application for this special license plate. The fee for this special license plate is thirty dollars every two years in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3, Title 56. This special license plate must be of the same size and general design of regular motor vehicle license plates. This special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The special license plate must be imprinted with an emblem, seal, symbol, or design agreed to by all of the Boy Scout councils serving counties in South Carolina.
(2) Of the fees collected pursuant to this section, the Comptroller General shall place into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167, an amount equal to the cost of production. That portion of the fees collected pursuant to this section in excess of the cost of production must be distributed to the South Carolina Indian Waters Council, Boy Scouts of America, to then be distributed to the other five Boy Scout councils serving counties in South Carolina.
(3) Section 56-3-8100 requirements met for the production, collection, and distribution of fees for the "Boy Scouts of America" special license plate are deemed to have been met for the "Eagle Scouts of America" special license plate.
HISTORY: 2006 Act No. 398, Section 11, eff September 7, 2006; 2012 Act No. 272, Section 9, eff December 26, 2012; 2016 Act No. 275 (S.1258), Section 53, eff July 1, 2016.
ARTICLE 66
Native American Special License Plates
SECTION 56-3-7340. Native American special license plates.
(A) The Department of Motor Vehicles may issue "Native American" special license plates to owners of private passenger motor vehicles registered in their names. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of thirty dollars. Any portion of the additional thirty-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the Native American Prison Program of South Carolina.
HISTORY: 2006 Act No. 398, Section 12, eff September 7, 2006.
ARTICLE 67
South Carolina Peach Council Special License Plates
SECTION 56-3-7350. South Carolina Peach Council special license plates.
The Department of Motor Vehicles may issue "South Carolina Peach Council" special license plates to owners of private passenger motor vehicles registered in their names. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of seventy dollars. Any portion of the additional seventy-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the South Carolina Peach Council.
HISTORY: 2006 Act No. 398, Section 13, eff September 7, 2006.
ARTICLE 68
Korean War Veterans Special License Plates [Repealed]
HISTORY: Former Section, titled Korean War Veterans special license plates, had the following history: 2006 Act No. 398, Section 14, eff September 7, 2006; 2008 Act No. 347, Section 10, eff June 16, 2008; 2012 Act No. 253, Section 5, eff June 18, 2012; 2016 Act No. 275 (S.1258), Section 54, eff July 1, 2016; 2016 Act No. 186 (H.3927), Section 3, eff. May 25, 2017. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
ARTICLE 69
Cancer Research Centers of the Carolinas Special License Plates
SECTION 56-3-7370. Cancer Research Centers of the Carolinas special license plates.
The Department of Motor Vehicles may issue "Cancer Research Centers of the Carolinas" special license plates to owners of private passenger motor vehicles registered in their names. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of fifteen dollars. Any portion of the additional fifteen-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the Mary Crawley Medical Cancer Research Foundation to provide funding for the Cancer Research Centers of the Carolinas.
HISTORY: 2006 Act No. 398, Section 15, eff September 7, 2006.
ARTICLE 70
Square Dance Commemorative License Plates
SECTION 56-3-7610. Authority to issue commemorative Square Dance license plates.
The Department of Motor Vehicles may issue a special commemorative motor vehicle license plate commemorating the Square Dance as the state's official American Folk Dance. The biennial fee for the commemorative license plate is fifty dollars in addition to the regular motor vehicle fee prescribed by Article 5 of this chapter. This license plate must be the same size and general design of regular motor vehicle license plates.
HISTORY: 1996 Act No. 422, Section 3.
ARTICLE 71
Special License Decal; Forest Products Haulers
SECTION 56-3-7650. Forest product haulers decals.
The Department of Motor Vehicles shall issue a special motor vehicle license decal to identify intrastate unmanufactured forest product haulers. A one-time fee for the issuance of this special plate is thirty dollars.
HISTORY: 1996 Act No. 425, Section 1.
ARTICLE 72
Special Olympics License Plates
SECTION 56-3-7700. Special Olympics license plates.
(A) The Department of Motor Vehicles may issue special motor vehicle license plates commemorating the Special Olympics which may have imprinted on the plates an emblem, seal, or other symbol approved by the South Carolina Special Olympics and the department. The fee for this special license plate is fifty dollars every two years in addition to the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title. This special license plate must be the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.
(B) Of the fees collected pursuant to this section, the Comptroller General shall place into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167, an amount equal to the cost of production and distribution of this special license plate. The fees collected pursuant to this section in excess of those placed in the State Highway Fund, must be distributed to the South Carolina Special Olympics.
HISTORY: 1996 Act No. 409, Section 1; 2016 Act No. 275 (S.1258), Section 55, eff July 1, 2016.
ARTICLE 73
Fraternity and Sorority License Plates
SECTION 56-3-7750. Fraternity and sorority license plates.
(A) The Department of Motor Vehicles may issue special motor vehicle license plates to owners of private passenger motor vehicles as defined in Section 56-3-630 registered in their names, which may have imprinted on the plate an emblem, a seal, or other symbol the department considers appropriate to a certified service fraternity or sorority. A fraternity or sorority may submit to the department for its approval the emblem, seal, or other symbol it desires to be used for its respective special license plate. Before a design is approved, however, the organization must submit to the department written authorization for the use of any copyrighted or registered logo, trademark, or design. A fraternity or sorority also may request a change in the emblem, seal, or other symbol once the existing supply has been exhausted. The fee for this special license plate is seventy dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5, Chapter 3 of this title. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.
(B) The fees collected pursuant to this section must be distributed to a separate fund for each of the respective fraternities or sororities. Each fund must be administered by the fraternity or sorority and may be used for academic scholarships, or to fund programs that send boys and girls who are at least eight years old and not more than sixteen years old to summer camp, or both. Funds collected for each fraternity or sorority must be deposited in an account designated by the fraternity or sorority. The distribution is forty dollars to the respective fund and thirty dollars placed by the Comptroller General into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167.
(C) Before the Department of Motor Vehicles produces and distributes a special license plate pursuant to this section, it must receive:
(1) four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and
(2) a plan to market the sale of the special license plate which must be approved by the department.
(D) If the department receives less than three hundred biennial applications and renewals for a particular special license plate, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted.
HISTORY: 1999 Act No. 63, Section 11; 2007 Act No. 90, Section 1, eff June 14, 2007; 2008 Act No. 347, Section 28, eff June 16, 2008; 2016 Act No. 275 (S.1258), Section 56, eff July 1, 2016.
ARTICLE 74
Vietnam War Veterans Special License Plates [Repealed]
HISTORY: Former Section, titled Authority to issue special Vietnam War Veterans license plates; fees; minimum number of orders required, had the following history: 2004 Act No. 311, Section 1; 2005 Act No. 158, Section 1, eff June 10, 2005; 2008 Act No. 347, Sections 11, 29, eff June 16, 2008; 2016 Act No. 275 (S.1258), Section 57, eff July 1, 2016. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
ARTICLE 75
South Carolina Aquarium Special License Plates
SECTION 56-3-7800. South Carolina Aquarium special license plates.
The Department of Motor Vehicles may issue "South Carolina Aquarium" special license plates to owners of private passenger motor vehicles registered in their names. The requirements for production and distribution of the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of fifty dollars. Any portion of the additional fifty-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the South Carolina Aquarium.
HISTORY: 2006 Act No. 398, Section 16, eff September 7, 2006.
ARTICLE 76
Shriners License Plates
SECTION 56-3-7860. Shriners license plates.
The Department of Motor Vehicles may issue special motor vehicle license plates to members of the Shriners for private motor vehicles and motorcycles registered in their names. The fee for the issuance of this special plate must be the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which the Comptroller General shall place into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167. The department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly every five years.
HISTORY: 1996 Act No. 425, Section 7; 1997 Act No. 17, Section 1; 2008 Act No. 347, Section 12, eff June 16, 2008; 2016 Act No. 275 (S.1258), Section 58, eff July 1, 2016.
ARTICLE 77
Our Farms-Our Future Special License Plates
SECTION 56-3-7890. Our Farms-Our Future special license plates; distribution of fees.
(A) The Department of Motor Vehicles may issue special motor vehicle license plates to owners of private passenger carrying motor vehicles, as defined in Section 56-3-630, or motorcycles registered in their names which shall have imprinted on the plate "Our Farms-Our Future" and which may have a design representative of agriculture. The South Carolina Farm Bureau Federation shall submit to the department for its approval a design it desires to be used for this special license plate. The South Carolina Farm Bureau Federation may request a change in the design not more than once every five years. The fee for this special license plate is seventy dollars every two years in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3, Title 56. This special license plate must be of the same size and general design of regular motor vehicle license plates. This special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued.
(B) The fees collected pursuant to this section above the cost of the regular motor vehicle registration fee must be distributed to the 501(c)(3) nonprofit South Carolina Farm Bureau Federation "Ag in the Classroom" fund.
(C) The guidelines for the production of a special license plate under this section must meet the requirements of Section 56-3-8100.
HISTORY: 2009 Act No. 79, Section 1, eff June 16, 2009.
ARTICLE 78
License Plates on Behalf of the H. L. Hunley Submarine
SECTION 56-3-7910. H. L. Hunley submarine license plates.
(A) The Department of Motor Vehicles may issue special motor vehicle license plates to owners of private passenger motor vehicles as defined in Section 56-3-630 registered in their names, which may have imprinted on the plate an emblem, a seal, logo, or other symbol of the "H. L. Hunley" submarine. The Hunley Commission shall submit to the department for its approval the emblem, seal, logo, or other symbol it desires to be used for this special license plate. The Hunley Commission may request a change in the emblem, seal, logo, or other symbol not more than once every five years. The fee for this special license plate is one hundred dollars every two years in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.
(B) The fees collected pursuant to this section must be distributed to the Fund to Save the Hunley created by the Hunley Commission or another nonprofit fund designated by the commission for the continued curation of the Hunley submarine. Any such fund must be administered by the Hunley Commission and may be used only for efforts to raise, restore, and preserve the Hunley submarine. Any funds collected must be deposited in an appropriate nonprofit account designated by the Hunley Commission. The distribution of these funds is sixty dollars to the Hunley Commission and forty dollars placed by the Comptroller General into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167.
(C) The department shall reserve the first twelve license plates for use by the Hunley Commission.
(D) Before the department produces and distributes a license plate authorized under this section, it must receive at least four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this subsection, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that individual's or organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit.
HISTORY: 1999 Act No. 63, Section 4; 2008 Act No. 347, Section 30, eff June 16, 2008; 2016 Act No. 275 (S.1258), Section 59, eff July 1, 2016.
ARTICLE 79
Recycling Special License Plates
SECTION 56-3-7940. "Reduce, Reuse, Recycle" special license plates.
(A) The Department of Motor Vehicles may issue special motor vehicle license plates to owners of private passenger carrying motor vehicles, as defined in Section 56-3-630, or motorcycles registered in their names which shall have imprinted on the plate "Reduce, Reuse, Recycle" and the recycling logo. The Carolina Recycling Association shall submit to the department for its approval a design it desires to be used for this special license plate. The Carolina Recycling Association may request a change in the design not more than once every five years. The fee for this special license plate is thirty dollars every two years in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3, Title 56. This special license plate must be of the same size and general design of regular motor vehicle license plates. This special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued.
(B) The fees collected pursuant to this section above the cost of the regular motor vehicle registration fee must be distributed to the Carolina Recycling Association to promote the growth of the South Carolina recycling industry.
(C) The guidelines for the production of a special license plate under this section must meet the requirements of Section 56-3-8100.
HISTORY: 2009 Act No. 79, Section 4, eff June 16, 2009.
ARTICLE 80
Hunting Island State Park Special License Plates
SECTION 56-3-7950. Hunting Island State Park special license plate authorized.
(A) The Department of Motor Vehicles may issue Hunting Island State Park special license plates to owners of private passenger-carrying motor vehicles registered in their names. The Friends of Hunting Island State Park, Inc., shall submit to the department for its approval the emblem, seal, or other symbol it desires to be used for this special license plate. The Friends of Hunting Island State Park, Inc., may request a change in the emblem, seal, or other symbol not more than once every five years. The fee for each special license plate is fifty dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5, Chapter 3 of this title. Each special license plate must be of the same size and general design of regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued.
(B) Of the fees collected pursuant to this section, the Comptroller General shall place into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167, an amount equal to the expenses of the department in producing and administering this special license plate. The remaining funds collected from the special motor vehicle license fee must be distributed to The Friends of Hunting Island State Park, Inc., for use on projects benefiting Hunting Island State Park.
(C) Before the department produces and distributes the Hunting Island State Park special license plates pursuant to this section, it must receive:
(1) four hundred or more prepaid applications for the special license plate or four thousand dollars from the individual or organization seeking issuance of the license plate; and
(2) a plan to market the sale of the special license plate which must be approved by the department.
(D) If the department receives less than three hundred biennial applications and renewals for this special license plate, it may not produce additional special license plates in this series. The department shall continue to issue special license plates of this series until the existing inventory is exhausted.
HISTORY: 2006 Act No. 287, Section 1, eff May 23, 2006; 2016 Act No. 275 (S.1258), Section 60, eff July 1, 2016.
ARTICLE 81
Nonprofit Organization License Plates
SECTION 56-3-8000. Special motor vehicle license plates for nonprofit organizations.
(A) An organization which has obtained certification pursuant to either Section 501(C)(3), 501(C)(6), 501(C)(7), or 501(C)(8) of the federal Internal Revenue Code and maintained this certification for a period of five years may apply to the Department of Motor Vehicles for a special license plate. The department may issue special motor vehicle license plates to owners of private passenger motor vehicles as defined in Section 56-3-630, and motorcycles, as defined in Section 56-3-20, registered in their names.
(B) The department must develop a basic license plate design that will be used for all special organizational license plates. The plate must be the same size and general design of regular motor vehicle license plates but may be imprinted on the plate in an area specified by the department with an emblem, seal, insignia, or other identifying symbol of the sponsoring organization that the department considers appropriate. No text or slogans may be added to the plate design unless they are part of the approved emblem, seal, insignia, or other identifying symbol. The name of the organization may be imprinted across the top of the license plate. The standard plate design must be issued for all organizational license plates newly requested after July 1, 2013. Organizational license plate designs in production as of that date must be changed when the license plate, or license plate class, is replaced.
(C) The license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The biennial fee for this special license plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee to be requested by the individual or organization seeking issuance of the license plate. The initial fee amount requested may be changed only every five years from the first year the license plate is issued. Of the additional fee collected pursuant to this section, the Comptroller General shall place into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167, an amount equal to the expenses of producing and administering special license plates. Any of the remaining fee not placed in the restricted account must be distributed to an organization designated by the individual or organization seeking issuance of the license plate.
(D) If the organization seeking issuance of the plate does not request an additional fee above the regular registration fee, the department may collect an additional fee of ten dollars.
(E) Of the additional fee collected pursuant to subsections (A) and (D), the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of producing and administering special license plates.
(F) Any of the remaining additional fee collected pursuant to subsection (D) not placed in the restricted account must be distributed to an organization designated by the individual or organization seeking issuance of the license plate, or to the general fund, if no additional fee is requested by the organization.
(G) Before the department produces and distributes a plate pursuant to this section, it must receive:
(1) six thousand eight hundred dollars from the individual or organization seeking issuance of the license plate; and
(2) a plan to market the sale of the special license plate which must be approved by the department.
(H) The Comptroller General shall place the six thousand eight hundred dollar application fee pursuant to subsection (G)(1) into a restricted account to be used by the department to defray the initial cost of producing the special license plate.
(I) If the department receives less than three hundred biennial applications and renewals for a particular plate authorized under this section, it shall not produce additional plates in that series. The department shall continue to issue license plates of that series until the existing inventory is exhausted.
(J) License plates issued pursuant to this section shall not contain a reference to a private or public college or university in this State or use symbols, designs, or logos of these institutions without the institution's written authorization.
(K) Before a design is approved, the organization must submit to the department written authorization of legal authority for the use of any copyrighted or registered logo, trademark, or design, and the organization's acceptance of legal responsibility for the use.
(L) The department may alter, modify, or refuse to produce any special license plate that it deems offensive or fails to meet community standards. If the department alters, modifies, or refuses to produce a special license plate, the organization or individual applying for the license plate may appeal the department's decision to a special joint legislative committee. This committee shall be comprised of two members from the House Education and Public Works Committee and two members from the Senate Transportation Committee.
Appointments to the joint legislative committee shall be made by the Chairmen of the House Education and Public Works Committee and the Senate Transportation Committee. The department's decision may be reversed by a majority of the joint legislative committee. If the committee reverses the department's decision, the department must issue the license plate pursuant to the committee's decision. However, the provision contained in subsection (G) also must be met. The joint legislative committee may also review all license plates issued by the department and instruct the department to cease issuing or renewing a plate it deems offensive or fails to meet community standards.
(M) Each new classification of special vehicle license plates including, but not limited to, motorcycle license plates, created pursuant to this section must meet the requirements of Articles 81 and 82, Chapter 3, Title 56, as appropriate.
(N) The fee required in subsection (G)(1) must be reviewed by the General Assembly during the 2013 legislative session, and every two years thereafter. The department must provide a detailed, comprehensive justification to increase the fee. Any fee increase must be introduced in a separate bill separate and apart from any other matter.
HISTORY: 1999 Act No. 63, Section 7; 2000 Act No. 286, Section 1; 2002 Act No. 194, Section 1; 2006 Act No. 398, Section 2, eff September 7, 2006; 2008 Act No. 297, Section 5, eff upon approval (became law without the Governor's signature on June 12, 2008); 2008 Act No. 347, Sections 13, 17, 31, eff June 16, 2008; 2008 Act No. 353, Section 7, eff July 1, 2008; 2012 Act No. 272, Section 21, eff December 26, 2012; 2013 Act No. 56, Section 8.A, eff June 12, 2013; 2016 Act No. 275 (S.1258), Section 61, eff July 1, 2016.
ARTICLE 82
Special License Plates Production and Distribution Guidelines
SECTION 56-3-8100. Special license plates production and distribution guidelines.
(A) Before the Department of Motor Vehicles produces and distributes a special license plate created by the General Assembly after January 1, 2006, it must receive:
(1) six thousand eight hundred dollars from the individual or organization seeking issuance of the license plate; and
(2) a plan to market the sale of the special license plate which must be approved by the department.
(B) The Comptroller General shall place the six thousand eight hundred dollar application fee pursuant to subsection (A)(1) into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167.
(C) The department must develop a basic plate design that will be used for all special license plates authorized by the General Assembly. The license plate must be the same size and general design of regular motor vehicle license plates but may be imprinted on the license plate in an area specified by the department with an emblem, seal, insignia, or other identifying symbol of the sponsoring organization that the department considers appropriate. No text or slogans may be added to the license plate design unless they are part of the approved emblem, seal, insignia, or other identifying symbol. The name of the organization may be imprinted across the top of the license plate. The standard license plate design must be issued for all organizational license plates newly requested after July 1, 2013. License plate designs in production as of that date must be changed when the license plate, or license plate class, is replaced.
(D) The fee for all special license plates created by the General Assembly after January 1, 2006, is the regular biennial registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee to be requested by the individual or organization seeking issuance of the plate, as authorized by law. The initial fee amount requested can only be changed every five years from the first year the plate is issued. Each special license plate must be of the same size and general design of regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued.
(E) If the individual or organization seeking issuance of the plate does not request an additional fee above the regular registration fee, and no other additional fee is prescribed by law, the department may collect an additional fee of ten dollars.
(F) Of the additional fee collected pursuant to subsections (D) and (E), the Comptroller General shall place into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167, an amount equal to the expenses of producing and administering special license plates.
(G) Any of the remaining additional fee collected pursuant to subsections (D) and (E) not placed in the restricted account must be distributed to an organization designated by the individual or organization seeking issuance of the license plate, or to the general fund, if no additional fee is requested by the organization.
(H) If the department receives less than three hundred biennial applications and renewals for a particular special license plate, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted.
(I) If the department receives less than three hundred biennial applications and renewals for plates created pursuant to Article 12, Chapter 3, Title 56; Article 14, Chapter 3, Title 56; Article 31, Chapter 3, Title 56; Article 39, Chapter 3, Title 56; Article 40, Chapter 3, Title 56; Article 43, Chapter 3, Title 56; Article 45, Chapter 3, Title 56; Article 49, Chapter 3, Title 56; Article 50, Chapter 3, Title 56; Article 60, Chapter 3, Title 56; Article 70, Chapter 3, Title 56; Article 72, Chapter 3, Title 56; and Article 76, Chapter 3, Title 56 it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted.
(J) The provisions contained in subsection (A)(1) and (2) do not apply to the production and distribution of the Korean War Veterans Special License Plates contained in Article 68, Chapter 3, Title 56.
(K) For each new classification of special vehicle license plate, including, but not limited to, motorcycle license plates, created pursuant to this section, must meet the requirements of Articles 81 and 82, Chapter 3, Title 56, as appropriate.
(L) The fee required in subsection (A)(1) must be reviewed by the General Assembly during the 2013 legislative session, and every two years thereafter. The department must provide a detailed, comprehensive justification to increase the fee. Any fee increase must be introduced in a separate bill separate and apart from any other matter.
HISTORY: 1999 Act No. 63, Section 8; 2002 Act No. 193, Section 2; 2002 Act No. 194, Section 2; 2002 Act No. 200, Section 9; 2002 Act No. 218, Section 2; 2002 Act No. 264, Section 4; 2002 Act No. 352, Section 2; 2002 Act No. 354, Section 2; 2006 Act No. 398, Section 3, eff September 7, 2006; 2007 Act No. 90, Section 3, eff June 14, 2007; 2008 Act No. 347, Section 18, eff June 16, 2008; 2012 Act No. 272, Section 22, eff December 26, 2012; 2013 Act No. 56, Section 8.B, eff June 12, 2013; 2016 Act No. 275 (S.1258), Sections 62.A, 62.B, eff July 1, 2016.
SECTION 56-3-8110. Motorcycle special license plates.
Motorcycle special license plates may be issued by the Department of Motor Vehicles for any special license plate under the same terms and conditions as prescribed by law for private passenger motor vehicles.
HISTORY: 2013 Act No. 56, Section 7, eff June 12, 2013.
ARTICLE 83
Rotary International Special License Plates
SECTION 56-3-8200. Rotary International special license plates.
(A) The Department of Motor Vehicles may issue motor vehicle license plates to members of Rotary International for private passenger motor vehicles registered in their names. The fee for this special license plate must be the regular motor vehicle license fee contained in Article 5, Chapter 3 of this title, and an additional special fee of fifty dollars which must be distributed to the Rotary District in which the purchaser's home club is located in this State. The department must report to the South Carolina Rotary District designee the district chosen as a result of the license plate issuance to which this fee must be distributed. The fee must be deposited in an account designated by each South Carolina Rotary District, and must be distributed properly by each district. Notwithstanding any other provision of law, of the fees collected for the special license plate, the Comptroller General shall place into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167, an amount equal to the expenses of the Department of Motor Vehicles in producing and administering the special plate. The license plates issued pursuant to this section must conform to a design agreed to by the department and the chief executive officer of the organization.
(B) Before the Department of Motor Vehicles produces and distributes a special license plate pursuant to this section, it must receive:
(1) four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and
(2) a plan to market the sale of the special license plate which must be approved by the department.
(C) If the department receives less than three hundred biennial applications and renewals for a particular special license plate, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted.
HISTORY: 1999 Act No. 63, Section 12; 2002 Act No. 354, Section 1; 2006 Act No. 398, Section 4, eff September 7, 2006; 2016 Act No. 275 (S.1258), Section 63, eff July 1, 2016.
ARTICLE 84
Marine Corps League Special License Plates [Repealed]
HISTORY: Former Section, titled Marine Corps League special license plates, had the following history: 1999 Act No. 63, Section 13; 2006 Act No. 398, Section 5, eff September 7, 2006; 2008 Act No. 347, Section 14, eff June 16, 2008; 2016 Act No. 275 (S.1258), Section 64, eff July 1, 2016. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
ARTICLE 85
Lions Club Special License Plates
SECTION 56-3-8400. Lions Club special license plates.
(A) The Department of Motor Vehicles may issue "Lions Club" special license plates to owners of private passenger motor vehicles, as defined in Section 56-3-630, and motorcycles, as defined in Section 56-3-20. The fee for this special license plate is the regular motor vehicle license fee contained in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be placed by the Comptroller General into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167. The license plates issued pursuant to this section must conform to a design agreed to by the department and the chief executive officer of the organization.
(B) Before the Department of Motor Vehicles produces and distributes a special license plate pursuant to this section, it must receive:
(1) four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and
(2) a plan to market the sale of the special license plate which must be approved by the department.
(C) If the department receives less than three hundred biennial applications and renewals for a particular special license plate, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted.
HISTORY: 1999 Act No. 63, Section 14; 2016 Act No. 275 (S.1258), Section 65, eff July 1, 2016; 2017 Act No. 65 (H.3256), Section 4, eff May 19, 2017.
Effect of Amendment
2017 Act No. 65, Section 4, amended the section, specifying to whom the Lions Club special license plates may be issued.
ARTICLE 86
Ducks Unlimited Special License Plates
SECTION 56-3-8600. Authority to issue Ducks unlimited special license plates; fee; number of plates.
(A) The Department of Motor Vehicles may issue "Ducks Unlimited" special motor vehicle license plates to owners of private passenger motor vehicles as defined in Section 56-3-630 registered in their names which may have imprinted on them an emblem, seal, or symbol of the South Carolina Ducks Unlimited State Committee. The South Carolina Ducks Unlimited State Committee must submit to the department for its approval the emblem, seal, or symbol it wishes to display on the plates. The South Carolina Ducks Unlimited State Committee must submit to the department written authorization for use of any copyrighted or registered logos, trademarks, or designs. The South Carolina Ducks Unlimited State Committee may request a change in the emblem, seal, or symbol not more than once every five years. The plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued. The fee for the plate is the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title and a special motor vehicle license fee of fifty dollars.
(B) Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General shall place into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167, an amount equal to the expenses of the department in producing and administering the plates. The remaining funds collected from the special motor vehicle license fee must be distributed to the South Carolina Ducks Unlimited State Committee for wetlands conservation projects in South Carolina. Any remaining funds must be administered by the South Carolina Ducks Unlimited State Committee and deposited in an appropriate nonprofit account designated by the South Carolina Ducks Unlimited State Committee.
(C) Before the department produces and distributes a plate authorized under this section, it must receive:
(1) four hundred prepaid applications for the plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of fees is collected for the plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and
(2) a plan to market the sale of the plate which must be approved by the department.
(D) If the department receives less than three hundred biennial applications and renewals for the plate, it shall not produce additional plates in that series. The department shall continue to issue plates of that series until the existing inventory is exhausted.
HISTORY: 2001 Act No. 104, Section 2; 2004 Act No. 312, Section 1; 2008 Act No. 347, Section 32, eff June 16, 2008; 2016 Act No. 275 (S.1258), Section 66, eff July 1, 2016.
ARTICLE 87
NASCAR Special License Plates
SECTION 56-3-8700. Short title.
This article may be cited as the Denny Woodall Neilson NASCAR Special License Plates Act.
HISTORY: 2001 Act No. 104, Section 1.
SECTION 56-3-8710. NASCAR special license plates authorized.
(A) The Department of Motor Vehicles may issue special motor vehicle license plates to owners of private passenger motor vehicles as defined in Section 56-3-630 registered in their names which may have imprinted on the plates an emblem, a seal, or other symbol the department considers appropriate to NASCAR or a NASCAR driver or team. NASCAR or a NASCAR driver or team may submit to the department for approval of the emblem, seal, or other symbol it desires to be used for its respective special license plate. Before a design is approved, NASCAR or the NASCAR driver or team must submit to the department written authorization for the use of a copyrighted or registered logo, trademark, or design. NASCAR or a NASCAR driver or team also may request a change in its respective emblem, seal, or other symbol once the existing supply has been exhausted. The fee for each special license plate is seventy dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5. Each special license plate must be of the same size and general design of regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued.
(B) The department may also provide, upon request, special NASCAR or NASCAR driver or team collector license plates which shall not be displayed on any vehicle registered or required to be registered in this State. Any person displaying the special NASCAR or NASCAR driver or team collector license plates on any vehicle registered or required to be registered in this State is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars or be imprisoned for not more than thirty days. The special NASCAR or NASCAR driver or team collector license plates shall be the same size and general design of the regular NASCAR or NASCAR driver or team special motor vehicle license plates. The fee for issuance of the special NASCAR or NASCAR driver or team collector license plates is twenty-five dollars. The words "collector license plate" shall be imprinted on the special NASCAR or NASCAR driver or team collector license plates.
(C) From the fees collected pursuant to this section, the Comptroller General shall place into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167, an amount equal to the expenses of producing the special license plates. The remaining funds must be distributed in the following manner:
(1) one-half deposited in a special account, separate and apart from the General Fund, designated the "South Carolina Children's Emergency Shelter Fund" established within and administered for use by the Department of Social Services. The Department of Social Services shall distribute at least one-half of the funds from the special account to the South Carolina Association of Children's Homes and Family Services for the benefit of the South Carolina children's emergency shelters. Funds distributed to the South Carolina Association of Children's Homes and Family Services may be used only for providing donations to support the South Carolina children's emergency shelters. Funds received by the South Carolina Association of Children's Homes and Family Services pursuant to this section must be deposited in an appropriate nonprofit account designated by the South Carolina Association of Children's Homes and Family Services;
(2) one-fourth deposited in a special account, separate and apart from the General Fund, designated the "South Carolina Sports Development Office Fund" established within and administered for use by the Department of Parks, Recreation and Tourism to promote the South Carolina Sports Development Office; and
(3) one-fourth deposited in a special account, separate and apart from the General Fund designated the "NASCAR License Plate Highway Safety Fund" established within and administered for use by the Department of Public Safety to promote highway safety in conjunction with the Department of Transportation and NASCAR or a NASCAR driver or team.
(D) Before the department produces and distributes NASCAR's or a NASCAR driver's or team's respective special license plate pursuant to this section, it must receive four hundred prepaid applications for NASCAR's or the NASCAR driver's or team's respective special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of NASCAR's or the NASCAR driver's or team's respective license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for the NASCAR or NASCAR driver's or team's respective license plate. If the equivalent amount is not collected within four years of the first issuance of the respective license plate, the department shall retain the deposit.
(E) If the department receives less than three hundred biennial applications and renewals for a particular NASCAR or NASCAR driver or team special license plate, it may choose not to produce additional special license plates in that series. However, the department shall continue to issue special license plates of that series until the existing inventory is exhausted.
HISTORY: 2001 Act No. 104, Section 1; 2008 Act No. 347, Section 33, eff June 16, 2008; 2009 Act No. 65, Section 1, eff June 2, 2009; 2016 Act No. 275 (S.1258), Section 67, eff July 1, 2016.
ARTICLE 88
World War II Veterans Special License Plates [Repealed]
HISTORY: Former Section, titled World War II veterans special license plates authorized; handicapped placards, had the following history: 2001 Act No. 104, Section 4; 2005 Act No. 158, Section 2, eff June 10, 2005; 2008 Act No. 347, Section 19, eff June 16, 2008; 2012 Act No. 253, Section 8, eff June 18, 2012. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
ARTICLE 89
"Choose Life" Special License Plates
SECTION 56-3-8910. "Choose Life" special license plates authorized.
(A) The Department of Motor Vehicles shall issue special motor vehicle license plates to owners of private passenger carrying motor vehicles or light pickups having an empty weight of seven thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names which shall have imprinted on the plate the words "Choose Life". The fee for this special license plate is seventy dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.
(B) The fees collected pursuant to this section, after the costs to produce and administer the distribution of this special license plate, must be deposited in a special account, separate and apart from the general fund, designated for use by the Department of Social Services to be used to support local crisis pregnancy programs. Local private nonprofit tax exempt organizations offering crisis pregnancy services may apply for grants from this fund to further their tax exempt purposes. Grants must be awarded not more than once a year, and an applicant must receive as a grant an amount of the total revenues in the fund multiplied by the percentage that the applicant's case load in the preceding calendar year was of the total case load of all applicants in that year. Grants may not be awarded to any agency, institution, or organization that provides, promotes, or refers for abortion.
(C) Before the Department of Motor Vehicles produces and distributes a special license plate pursuant to this section, it must receive four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, the department shall retain the deposit.
(D) If the department receives less than three hundred biennial applications and renewals for the "Choose Life" special license plate, it may not produce additional special license plates in that series. However, the department shall continue to issue special license plates of that series until the existing inventory is exhausted.
HISTORY: 2001 Act No. 104, Section 6.
ARTICLE 90
Sertoma International Special License Plates
SECTION 56-3-9000. Sertoma International special license plates authorized.
(A) The Department of Motor Vehicles may issue special motor vehicle license plates to owners of private passenger motor vehicles as defined in Section 56-3-630 registered in their names, which may have imprinted on the plate an emblem, a seal, or other symbol approved by Sertoma International and the department. Sertoma International may submit to the department for approval of the emblem, seal, or other symbol it desires to be used for its respective special license plate. Before a design is approved, however, Sertoma International must submit to the department written authorization for the use of a copyrighted or registered logo, trademark, or design. Sertoma International also may request a change in the emblem, seal, or other symbol once the existing supply has been exhausted. The fee for each special license plate is seventy dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5, Chapter 3 of this title. Each special license plate must be of the same size and general design of regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued.
(B) The fees collected pursuant to this section, after the costs to produce and administer the distribution of the special license plate have been satisfied, must be distributed to the "Camp Sertoma Fund" created by Sertoma International for the continued support of Camp Sertoma. The fund must be administered by Sertoma International and may be used only for Camp Sertoma. Any funds collected must be deposited in an appropriate nonprofit account designated by Sertoma International.
(C) Before the department produces and distributes the Sertoma International special license plate pursuant to this section, it must receive:
(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the respective license plate, the department must retain the deposit;
(2) a plan to market the sale of the special license plate which must be approved by the department.
(D) If the department receives less than three hundred biennial applications and renewals for a particular special license plate, it may not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted.
HISTORY: 2001 Act No. 104, Section 3; 2008 Act No. 347, Section 34, eff June 16, 2008.
ARTICLE 91
South Carolina Technology Alliance Special License Plates
SECTION 56-3-9100. South Carolina Technology Alliance license plates.
(A) The Department of Motor Vehicles may issue "South Carolina Technology Alliance" special motor vehicle license plates to owners of private passenger motor vehicles as defined in Section 56-3-630 registered in their names, which may have imprinted on the plate an emblem, seal, logo, or other symbol that represents the South Carolina Technology Alliance and technology. The South Carolina Technology Alliance must submit to the department for approval the emblem, seal, logo, or other symbol it desires to be used for this special license plate. The South Carolina Technology Alliance may request a change in the emblem, seal, logo, or other symbol not more than once every five years. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The fee for this special license plate is the regular motor vehicle license fee contained in Article 5, Chapter 3 of this title and a special motor vehicle license fee of one hundred dollars.
(B) The remaining funds collected from the special motor vehicle license fee must be distributed to the South Carolina Technology Alliance for the continued development of high technology programs across the State and to provide resources for South Carolina Technology Entrepreneurs. The remaining funds must be administered by the South Carolina Technology Alliance, used only for efforts to develop and manage technology entrepreneur programs for South Carolina entrepreneurial high technology businesses, and deposited in an appropriate nonprofit account designated by the South Carolina Technology Alliance.
(C) The department shall reserve the initial fifty license plates in this series for use by the South Carolina Technology Alliance.
(D) Before the department produces and distributes a plate authorized under this section, it must receive:
(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the respective license plate, the department must retain the deposit; and
(2) a plan to market the sale of the special license plate which must be approved by the department.
(E) If the department receives less than three hundred biennial applications and renewals for a particular special license plate authorized under this section, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted.
HISTORY: 2002 Act No. 237, Section 1; 2008 Act No. 347, Section 35, eff June 16, 2008.
ARTICLE 92
In God We Trust Special License Plates
SECTION 56-3-9200. In God We Trust license plates.
(A) The Department of Motor Vehicles may issue "In God We Trust" special motor vehicle license plates to owners of private passenger-carrying motor vehicles registered in their names. The fee for each special license plate is the regular motor vehicle license fee set forth in Article 5. Each special license plate must be of the same size and general design of regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued.
(B) Before the department produces and distributes the "In God We Trust" special license plates pursuant to this section, it must receive:
(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department shall refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the respective license plate, the department shall retain the deposit;
(2) a plan to market the sale of these special license plates which must be approved by the department.
(C) If the department receives less than three hundred biennial applications and renewals for a particular special license plate, it may not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted.
HISTORY: 2002 Act No. 236, Section 1.
ARTICLE 93
United We Stand Special License Plates
SECTION 56-3-9300. United We Stand license plates.
(A) The Department of Motor Vehicles may issue "United We Stand" special motor vehicle license plates to owners of private passenger-carrying motor vehicles and motorcycles registered in their names. The fee for each special license plate is twenty-five dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5, Chapter 3 of this title. Each special license plate must be of the same size and general design of regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued.
(B) Twenty-five dollars of the fee collected pursuant to this section must be distributed to the national "Rewards For Justice" fund which was created to establish rewards for the capture of terrorists.
(C) Before the department produces and distributes the "United We Stand" special license plates pursuant to this section, it must receive:
(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department shall refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the respective license plate, the department shall retain the deposit;
(2) a plan to market the sale of the special license plate which must be approved by the department.
(D) If the department receives less than three hundred biennial applications and renewals for a particular special license plate, it may not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted.
HISTORY: 2002 Act No. 236, Section 2; 2008 Act No. 347, Section 15, eff June 16, 2008.
ARTICLE 94
Special Morris Island Lighthouse License Plates
SECTION 56-3-9400. "Morris Island Lighthouse" license plates; fees; special fund for restoration and preservation of the Morris Island Lighthouse.
(A) The Department of Motor Vehicles may issue "Morris Island Lighthouse" special motor vehicle license plates to owners of private passenger motor vehicles as defined in Section 56-3-630 registered in their names, which may have imprinted on the plate an emblem, a seal, or other symbol of the Morris Island Lighthouse. Save the Light, Inc. shall submit to the department for its approval the emblem, seal, or other symbol it desires to be used for this special license plate. Save the Light, Inc. may request a change in the emblem, seal, or other symbol not more than once every five years. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The fee for this special license plate is the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title and a special motor vehicle license fee of one hundred dollars.
(B) Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General shall place into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167, an amount equal to the expenses of the Department of Motor Vehicles in producing and administering the special license plates. The remaining funds collected from the special motor vehicle license fee must be distributed to Save the Light, Inc., or another nonprofit fund designated by Save the Light, Inc., for the restoration and preservation of the Morris Island Lighthouse. Any remaining funds must be administered by Save the Light, Inc., used only for efforts to restore and preserve the Morris Island Lighthouse, and deposited in an appropriate nonprofit account designated by Save the Light, Inc.
(C) The department shall reserve the first twelve license plates for use by Save the Light, Inc.
(D) Before the department produces and distributes a plate authorized under this section, it must receive:
(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and
(2) a plan to market the sale of the special license plate that must be approved by the department.
(E) If the department receives less than three hundred biennial applications and renewals for a particular special license plate authorized under this section, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted.
HISTORY: 2002 Act No. 264, Section 2; 2008 Act No. 347, Section 36, eff June 16, 2008; 2016 Act No. 275 (S.1258), Section 68, eff July 1, 2016.
ARTICLE 95
God Bless America Special License Plates
SECTION 56-3-9500. God Bless America special license plates.
(A) The Department of Motor Vehicles may issue "God Bless America" special motor vehicle license plates to owners of private passenger motor vehicles as defined in Section 56-3-630 and motorcycles registered in their names. The special license plates must bear the words "God Bless America", the United States Flag, and the silhouette of the State of South Carolina. Before this special license plate is produced, the department must receive written authorization for the use of any copyrighted words, registered logos, trademarks, or designs that appear on this license plate. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The fee for this special license plate is the regular motor vehicle license fee contained in Article 5, Chapter 3 of this title and a special motor vehicle license fee of sixteen dollars.
(B) Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles in producing and administering the special license plates. The remaining funds collected from the special motor vehicle license fee must be designated for use by the South Carolina National Guard for homeland security.
(C) Before the Department of Motor Vehicles produces and distributes a plate authorized under this section, it must receive:
(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and
(2) a plan to market the sale of the special license plate that must be approved by the department.
(D) If the department receives less than three hundred biennial applications and renewals for a particular special license plate authorized under this section, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted.
HISTORY: 2002 Act No. 218, Section 1; 2008 Act No. 347, Sections 16, 37, eff June 16, 2008.
ARTICLE 96
"No More Homeless Pets" Special License Plates
SECTION 56-3-9600. "No More Homeless Pets" license plates; special fund to support local animal spaying and neutering programs; reporting requirements of Agriculture Department; requirements of entities seeking grant reimbursem*nts.
(A) The Department of Motor Vehicles may issue "No More Homeless Pets" special motor vehicle license plates to owners of private passenger motor vehicles as defined in Section 56-3-630 registered in their names, which may have imprinted on the plate "No More Homeless Pets". The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The fee for this special license plate is the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title and a special motor vehicle license fee of seventy dollars.
(B)(1) Notwithstanding another provision of law, of the fees collected pursuant to this section, the Comptroller General shall place into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167, an amount equal to the expenses of the Department of Motor Vehicles in producing and administering the special license plates. The remaining funds collected from the special motor vehicle license fee must be deposited in a special account, separate and apart from the general fund, designated for use by the South Carolina Department of Agriculture to support local animal spaying and neutering programs. The South Carolina Department of Agriculture may use up to ten percent of the fees deposited in the special account for the administration of the program. Local private nonprofit tax exempt organizations offering animal spaying and neutering programs may apply for grants from this fund to further their tax exempt purposes.
(2) An agency may apply for up to two thousand dollars per grant application at the beginning of each fiscal year and may apply for multiple grants during a fiscal year. Total available grant funds shall be based on the amount of funds collected each previous fiscal year. Grants must specify how many surgeries will be performed and the species and gender of the animals undergoing surgery. Agencies may only apply for one grant at a time. Once a grant is fulfilled, an agency may apply for another grant, provided that funds are available. Grants must be fulfilled within six months of receiving funds. Once grants are completed, agencies must submit to No More Homeless Pets / South Carolina Animal Care and Control Association (SCACCA) a report identifying each person participating; the basis of eligibility for the program; whether animals are being spayed or neutered; dates of spaying or neutering and of rabies vaccines if applicable; descriptions of animals, including gender; and the appropriate amount charged toward the grant. Any unused funds must be returned. If a copay was charged to participating individuals, then that amount must also be included. The Department of Agriculture shall encourage participation from Tier 3 and Tier 4 counties.
(3) SCACCA or its successor organization, on behalf of the tax exempt organizations, shall coordinate the grant program, make the request for reimbursem*nt from the Department of Agriculture, and distribute the individual grants to the participating tax exempt organizations.
(C) Before the Department of Motor Vehicles produces and distributes a special license plate pursuant to this section, it must receive:
(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, the department must retain the deposit; and
(2) a plan to market the sale of the special license plate that must be approved by the department.
(D) If the department receives less than three hundred biennial applications and renewals for a particular special license plate authorized under this section, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted.
(E) The Department of Agriculture annually shall provide an accounting and summary of this program to the Chairman of the Senate Agriculture and Natural Resources Committee and to the Chairman of the House Agriculture, Natural Resources and Environmental Affairs Committee before September first.
(F) A local private nonprofit animal spaying and neutering program that requests reimbursem*nt for services related to this program shall provide to the SCACCA the name and address of each person who brought the animal to the program. Before the Department of Agriculture may send a reimbursem*nt to the SCACCA, the SCACCA shall provide the Department of Agriculture a list of each individual who brought a pet in for spaying or neutering and the number of animals brought in by that individual for spaying or neutering.
HISTORY: 2002 Act No. 266, Section 1; 2005 Act No. 158, Section 4, eff June 10, 2005; 2008 Act No. 347, Section 38, eff June 16, 2008; 2016 Act No. 274 (S.980), Section 4, eff June 15, 2016; 2016 Act No. 275 (S.1258), Section 69, eff July 1, 2016; 2019 Act No. 43 (S.105), Section 5, eff May 16, 2019.
Editor's Note
2019 Act No. 43, Section 10, provides as follows:
"SECTION 10. The General Assembly finds it is the best practice for a shelter, public or private, to prepare and maintain records documenting the number of animals admitted to the facility and the method by which those animals exit the facility, whether by adoption, fostering, natural death, euthanasia, transfer to another state, or other means of discharge."
Effect of Amendment
2019 Act No. 43, Section 5, in (B), inserted the (1) identifier and deleted the fifth and sixth sentences, which had provided that grants must be awarded not more than once a year, and added (2) and (3).
ARTICLE 97
Heritage Classic Foundation Special License Plates
SECTION 56-3-9710. "Heritage Classic Foundation" license plates; fees; special fund for Heritage Classic Foundation.
(A) The Department of Motor Vehicles may issue Heritage Classic Foundation special license plates to owners of private passenger-carrying motor vehicles registered in their names. The fee for each special license plate is seventy-five dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5. Each special license plate must be of the same size and general design of regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued.
(B) Of the fees collected pursuant to this section, the Comptroller General shall place into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167, an amount equal to the expenses of the Department of Motor Vehicles in producing and administering this special license plate. The remaining funds collected from the special motor vehicle license fee must be distributed to the Heritage Classic Foundation.
(C) Before the department produces and distributes the Heritage Classic Foundation special license plates pursuant to this section, it must receive:
(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department shall refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the respective license plate, the department shall retain the deposit;
(2) a plan to market the sale of the special license plate which must be approved by the department.
(D) If the department receives less than three hundred biennial applications and renewals for a particular special license plate, it may not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted.
HISTORY: 2002 Act No. 264, Section 3; 2016 Act No. 275 (S.1258), Section 70, eff July 1, 2016.
ARTICLE 98
Breast Cancer Awareness Special License Plates
SECTION 56-3-9800. Breast cancer awareness special license plates authorized.
(A) The Department of Motor Vehicles may issue a special commemorative Breast Cancer Awareness motor vehicle license plate to establish a special fund to be used by the Department of Health and Environmental Control for the purpose of expanding the services provided by the Best Chance Network. The special license plates, which must be of the same size and general design of regular motor vehicle license plates, must be imprinted with the nationally recognized breast cancer symbol with numbers as the department may determine. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The fee for this special license plate is seventy dollars every two years in addition to the regular motor vehicle registration fee as set forth in Article 5, Chapter 3 of this title.
(B) One-half of the seventy dollar biennial fee collected over that required by Article 5, Chapter 3 of this title must be deposited in a separate fund for the Department of Health and Environmental Control and be used solely to expand the services of the Best Chance Network. The remaining one-half of the fee must be distributed to the South Carolina chapter of the American Cancer Society.
(C) Before the department produces and distributes a plate authorized under this section, it must receive:
(1) four hundred or more prepaid applications for the special license plate or four thousand dollars from the individual or organization seeking issuance of the license plate; and
(2) a plan to market the sale of the special license plate that must be approved by the department.
(D) If the department receives less than three hundred biennial applications and renewals for a particular special license plate authorized under this section, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted.
HISTORY: 2006 Act No. 287, Section 2, eff May 23, 2006.
ARTICLE 99
Gold Star Family Special License Plates [Repealed]
HISTORY: Former Section, titled Gold Star Family special license plates, had the following history: 2006 Act No. 398, Section 19, eff September 7, 2006; 2008 Act No. 347, Section 39, eff June 16, 2008; 2009 Act No. 79, Section 3, eff June 16, 2009; 2012 Act No. 253, Section 6, eff June 18, 2012. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
ARTICLE 100
"Parrot Head" Special License Plates
SECTION 56-3-10010. "Parrot Head" special license plate authorized.
(A) The Department of Motor Vehicles may issue special motor vehicle license plates to owners of private passenger carrying motor vehicles or light pickups having an empty weight of six thousand pounds or less and a gross weight of nine thousand pounds or less registered in their names that shall have imprinted on the plate an emblem, seal, or other symbol associated with the South Carolina Parrot Head Club Council. The South Carolina Parrot Head Club Council must submit to the department written authorization to use a copyrighted or registered logo, trademark, or design on the special license plate. The South Carolina Parrot Head Club Council may request a change in the emblem, seal, or other symbol not more than once every five years. The fee charged for the special license plate shall be adjusted as necessary to account for any additional expenses associated with a change in design. The fee for this special license plate is thirty dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.
(B) From the fees collected pursuant to this article, the Comptroller General shall place into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167, an amount equal to the expenses associated with producing and administering the distribution of the license plate. The remaining funds collected from the special motor vehicle license fee shall be distributed to the South Carolina Parrot Head Club Council, which shall only use the funds to support the Palmetto Chapter of the Alzheimer's Association and the Upstate South Carolina Chapter of the Alzheimer's Association.
(C) Notwithstanding the provisions contained in Section 56-3-8100, before the Department of Motor Vehicles produces and distributes a special license plate pursuant to this section, it must receive:
(1) four hundred or more prepaid applications for the special license plate or four thousand dollars from the individual or organization seeking issuance of the license plate; and
(2) a plan to market the sale of the plate approved by the department.
(D) If the department receives less than three hundred biennial applications and renewals for the special license plate authorized by this article, it may not produce additional special license plates in this series. However, the department shall continue to issue special license plates of that series until the existing inventory is exhausted.
HISTORY: 2006 Act No. 286, Section 1, eff May 23, 2006; 2016 Act No. 275 (S.1258), Section 71, eff July 1, 2016.
Article 101
Operation Desert Storm-Desert Shield Veteran Special License Plates [Repealed]
HISTORY: Former Section, titled Operation Desert Storm-Desert Shield special license plates, had the following history: 2008 Act No. 297, Section 1, eff upon approval (became law without the Governor's signature on June 12, 2008). Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
ARTICLE 102
Operation Enduring Freedom Veteran Special License Plates [Repealed]
HISTORY: Former Section, titled Operation Enduring Freedom Veteran special license plates, had the following history: 2008 Act No. 297, Section 2, eff upon approval (became law without the Governor's signature on June 12, 2008). Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
ARTICLE 103
Operation Iraqi Freedom Veteran Special License Plate [Repealed]
HISTORY: Former Section, titled Operation Iraqi Freedom Veteran special license plates, had the following history: 2008 Act No. 297, Section 3, eff upon approval (became law without the Governor's signature on June 12, 2008). Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
ARTICLE 104
Veteran License Plates [Repealed]
HISTORY: Former Section, titled Veteran license plates, had the following history: 2008 Act No. 297, Section 4, eff upon approval (became law without the Governor's signature on June 12, 2008); 2012 Act No. 272, Section 17, eff December 26, 2012; 2013 Act No. 56, Section 3, eff June 12, 2013. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
ARTICLE 105
"I Believe" Special License Plates
SECTION 56-3-10510. "I Believe" special license plates.
The Department of Motor Vehicles may issue "I Believe" special motor vehicle license plates to owners of private motor vehicles registered in their names. The plate must contain the words "I Believe" and a cross superimposed on a stained glass window. The biennial fee for this special license plate is the same as the fee provided in Article 5, Chapter 3 of this title. The guidelines for the production of this special license plate must meet the requirements contained in Section 56-3-8100.
HISTORY: 2008 Act No. 297, Section 6, eff upon approval (became law without the Governor's signature on June 12, 2008).
Validity
For validity of this section, see Summers v. Adams, 669 F.Supp.2d 637 (D. S.C. 2009).
ARTICLE 106
Silver Star Special License Plates [Repealed]
HISTORY: Former Section, titled Silver Star special license plate, had the following history: 2008 Act No. 297, Section 7, eff upon approval (became law without the Governor's signature on June 12, 2008); 2016 Act No. 186 (H.3927), Section 4, eff May 25, 2017. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
ARTICLE 107
Bronze Star Special License Plates [Repealed]
HISTORY: Former Section, titled Bronze Star special license plate, had the following history: 2008 Act No. 297, Section 8, eff upon approval (became law without the Governor's signature on June 12, 2008); 2016 Act No. 186 (H.3927), Section 5, eff May 25, 2017. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
ARTICLE 108
South Carolina Tennis Patrons Foundation Special License Plates
SECTION 56-3-10810. South Carolina Tennis Patrons Foundation special license plates; fees.
(A) The Department of Motor Vehicles may issue "Play Tennis" special license plates to owners of private passenger carrying motor vehicles, as defined in Section 56-3-630, or motorcycles registered in their names which shall have imprinted on them an emblem, seal, symbol, or wording relating to the South Carolina Tennis Patrons Foundation. The South Carolina Tennis Patrons Foundation shall submit to the department for its approval the emblem, seal, symbol, or wording it desires to be used for this special license plate. The fee for this special license plate is thirty dollars every two years in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3, Title 56. This special license plate must be of the same size and general design of regular motor vehicle license plates. This special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued.
(B) The fees collected pursuant to this section above the cost of the regular motor vehicle registration fee must be distributed to the South Carolina Tennis Patrons Foundation and must be used to fund kids-at-risk programs throughout the State, need-based grants for junior tennis players, and academic scholarships for high school seniors.
(C) The guidelines for the production of a special license plate pursuant to this section must meet the requirements of Section 56-3-8100.
HISTORY: 2012 Act No. 253, Section 1, eff June 18, 2012.
ARTICLE 109
"Tree My Dog" Special License Plates
SECTION 56-3-10910. Tree My Dog special license plates; fees.
(A) The Department of Motor Vehicles may issue special motor vehicle license plates to owners of private passenger carrying motor vehicles, as defined in Section 56-3-630, or motorcycles, as defined in Section 56-3-20, registered in their names which must have imprinted on the plate "Tree My Dog". This special license plate must be of the same size and general design of regular motor vehicle license plates. This special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued.
(B) The requirements for production, collection, and distribution of fees for this license plate are those set forth in Section 56-3-8100. The fees collected pursuant to this section above the cost of producing the license plates must be distributed to the South Carolina State Coon Hunters Association Youth Fund.
HISTORY: 2012 Act No. 253, Section 3, eff June 18, 2012.
ARTICLE 110
United States Navy Chief Petty Officer Special License Plates [Repealed]
HISTORY: Former Section, titled United States Navy Chief Petty Officer special license plates; fees, had the following history: 2012 Act No. 253, Section 4, eff June 18, 2012. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
ARTICLE 111
United States Marine Corps Special License Plates [Repealed]
HISTORY: Former Section, titled United States Marine Corps special license plates; fees, had the following history: 2012 Act No. 253, Section 7, eff June 18, 2012. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
ARTICLE 112
"Distinguished Service Medal" Special License Plates [Repealed]
HISTORY: Former Section, titled Distinguished Service Medal special license plates, had the following history: 2012 Act No. 272, Section 1, eff December 26, 2012. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
Article 113
"Second Amendment" Special License Plates
SECTION 56-3-11310. Second Amendment special license plates.
(A) The Department of Motor Vehicles may issue "Second Amendment" special motor vehicle license plates to owners of private passenger carrying motor vehicles, as defined in Section 56-3-630, or motorcycles as defined in Section 56-3-20, registered in their names. This special license plate must be of the same size and general design of regular motor vehicle license plates. This special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued.
(B) The fees collected pursuant to this section above the cost of production must be distributed to the Criminal Justice Academy.
(C) The guidelines for the production, collection and distribution of fees for a special license plate under this section must meet the requirements of Section 56-3-8100.
HISTORY: 2012 Act No. 272, Section 2, eff December 26, 2012.
Article 114
"Historic" Special Motor Vehicle License Plates
SECTION 56-3-11410. Historic special license plates.
The Department of Motor Vehicles may issue a "Historic" special motor vehicle license plate for use on a private passenger carrying motor vehicle, as defined in Section 56-3-630, or a motorcycle as defined in Section 56-3-20, that is twenty-five years of age or older at the time of applying for the special plate. The applicant for a "Historic" license plate must be the owner of the motor vehicle or motorcycle and must be a resident of this State.
HISTORY: 2012 Act No. 272, Section 3, eff December 26, 2012.
SECTION 56-3-11420. Size and design of Historic special license plate; expiration.
The special license plate must be of the same size and general design as a regular motor vehicle or motorcycle license plate. The Department of Motor Vehicles shall imprint the special license plates with the word "Historic", with numbers the department may determine. The license plate must be for a biennial period that expires twenty-four months from the month it is issued.
HISTORY: 2012 Act No. 272, Section 3, eff December 26, 2012.
SECTION 56-3-11430. Transfer of Historic special license plate.
A license plate issued pursuant to this article may be transferred to another vehicle or motorcycle that meets the requirements of Section 56-3-1240, and is owned by the same person upon application being made and being approved by the Department of Motor Vehicles. It is unlawful for any person to whom the plate has been issued to knowingly permit it to be displayed on any vehicle or motorcycle except the one authorized by the department.
HISTORY: 2012 Act No. 272, Section 3, eff December 26, 2012.
SECTION 56-3-11440. Exemptions; penalties.
The provisions of this article do not affect the registration and licensing of motor vehicles or motorcycles as required by other provisions of this chapter, but are cumulative to those other provisions. Any person violating the provisions of this article or any person who (a) fraudulently gives false or fictitious information in any application for a special license plate, as authorized in this article, (b) conceals a material fact, or (c) otherwise commits fraud in the application or in the use of any special license plate issued is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days, or both.
HISTORY: 2012 Act No. 272, Section 3, eff December 26, 2012.
The fee for the plate is the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title and a special motor vehicle license fee of thirty-five dollars. Notwithstanding another provision of law, from the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the department in producing and administering the special license plates. The remaining funds collected from the special motor vehicle license fee must be placed in the state's general fund.
HISTORY: 2012 Act No. 272, Section 3, eff December 26, 2012.
SECTION 56-3-11460. Guidelines.
The guidelines for the production, collection and distribution of fees for a "Historic" special license plate must meet the requirements of Section 56-3-8100.
HISTORY: 2012 Act No. 272, Section 3, eff December 26, 2012.
ARTICLE 115
"Distinguished Service Cross" Special License Plates [Repealed]
HISTORY: Former Section, titled Distinguished Service Cross special license plates, had the following history: 2012 Act No. 272, Section 4, eff December 26, 2012. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
Article 116
"Department of the Navy" Special License Plates [Repealed]
HISTORY: Former Section, titled Department of the Navy special license plates, had the following history: 2012 Act No. 272, Section 5, eff December 26, 2012. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
Article 117
"Parents and Spouses of Active Duty Overseas Veterans"
Special License Plates [Repealed]
HISTORY: Former Section, titled Parents and Spouses of Active Duty Overseas Veterans special license plates, had the following history: 2012 Act No. 272, Section 6, eff December 26, 2012. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
Article 118
"State Flag" Special License Plates
SECTION 56-3-11810. State Flag special license plates.
(A) The Department of Motor Vehicles may issue special "State Flag" motor vehicle license plates to owners of private passenger carrying motor vehicles, as defined in Section 56-3-630, or motorcycles as defined in Section 56-3-20, registered in their names. The fee for this special license plate is twenty dollars every two years in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3, Title 56. This special license plate must be of the same size and general design of regular motor vehicle license plates. This special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued.
(B) The design of the license plate must replicate the color, layout, and design of the state flag. The blue used for the license plate must be the official state color as established in Section 1-1-710.
(C) The fees collected pursuant to this section above the cost of production must be distributed to the general fund.
(D) The guidelines for the production, collection and distribution of fees for a special license plate under this section must meet the requirements of Section 56-3-8100.
HISTORY: 2012 Act No. 272, Section 7, eff December 26, 2012.
ARTICLE 119
"South Carolina Highway Patrol-Retired" License Plates
SECTION 56-3-11910. South Carolina Highway Patrol-Retired special license plates.
(A) The Department of Motor Vehicles may issue "South Carolina Highway Patrol-Retired" license plates for use on private passenger motor vehicles, as defined in Section 56-3-630, or motorcycles as defined in Section 56-3-20, registered in a person's name in this State who served as a South Carolina Highway Patrolman or State Trooper and who honorably retired. An application for this special motor vehicle license plate must include certification from the South Carolina Highway Patrol that the applicant honorably retired.
(B) The requirements for production, collection and distribution of fees for a license plate are those set forth in Section 56-3-8100. The Department of Motor Vehicles shall imprint the special license plates with the insignia of the South Carolina Highway Patrol and the words "South Carolina Highway Patrol-Retired" with numbers the department may determine.
(C) Only one special license plate authorized by this section may be issued to a person. A license plate issued pursuant to this section may be transferred to another vehicle of the same weight class owned by the same person upon application being made and being approved by the Department of Motor Vehicles.
(D) Any person issued a special license plate pursuant to this section who is convicted of any felony, classified misdemeanor, traffic violation requiring a suspension of driving privileges, crime involving dishonesty or moral turpitude, or other crime punishable by imprisonment for one year or more, shall surrender the special license plate to the Department of Motor Vehicles within three days of the date of the conviction.
(E) The provisions of this section do not affect the registration and licensing of motor vehicles required by other provisions of this chapter, but are cumulative to those other provisions.
(F) A person violating the provisions of this section or a person who:
(1) fraudulently gives false or fictitious information in any application for a special license plate authorized by this section;
(2) conceals a material fact or otherwise commits fraud in the application for a special license plate issued pursuant to this section;
(3) permits the special license plate to be displayed on any vehicle except the one authorized by the Department of Motor Vehicles; or
(4) who fails to surrender the special license plate as required by this section, is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than two hundred dollars or by imprisonment for not more than thirty days, or both.
HISTORY: 2012 Act No. 272, Section 8, eff December 26, 2012.
ARTICLE 120
"I Support Libraries" Special License Plates
SECTION 56-3-12010. "I Support Libraries" special license plates.
(A) The Department of Motor Vehicles may issue special motor vehicle license plates to owners of private passenger carrying motor vehicles, as defined in Section 56-3-630, or motorcycles as defined in Section 56-3-20, registered in their names which must have imprinted on the plate "I Support Libraries". This special license plate must be of the same size and general design of regular motor vehicle license plates. This special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued.
(B) The fees collected pursuant to this section above the cost of producing the license plates must be equally distributed between the South Carolina Association of School Librarians and the South Carolina Library Association.
(C) The guidelines for the production, collection and distribution of fees for a special license plate under this section must meet the requirements of Section 56-3-8100.
HISTORY: 2012 Act No. 272, Section 10, eff December 26, 2012.
ARTICLE 121
"South Carolina Educator" Special License Plates
SECTION 56-3-12110. South Carolina Educator special license plates.
(A) The Department of Motor Vehicles may issue special motor vehicle license plates to owners of private passenger carrying motor vehicles, as defined in Section 56-3-630, or motorcycles as defined in Section 56-3-20, registered in their names which must have imprinted on the plate "South Carolina Educator". The application for this special license plate must include proof that the applicant is a public or private kindergarten through twelfth grade school teacher. This special license plate must be of the same size and general design of regular motor vehicle license plates. This special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued.
(B) The fees collected pursuant to this section above the cost of the production must be distributed to the general fund.
(C) The guidelines for the production, collection and distribution of fees for a special license plate under this section must meet the requirements of Section 56-3-8100.
HISTORY: 2012 Act No. 272, Section 11, eff December 26, 2012.
ARTICLE 122
"Beach Music" Special License Plates
SECTION 56-3-12210. Beach Music special license plates.
(A) The Department of Motor Vehicles may issue "Beach Music" special motor vehicle license plates to owners of private passenger motor vehicles, as defined in Section 56-3-630, and motorcycles as defined in Section 56-3-20, registered in their names which may have imprinted on the plate an emblem, a seal, or other symbol chosen by the department in consultation with the South Carolina Arts Commission reflecting the status of beach music as the official state popular music pursuant to Section 1-1-689. License plate number "one" for the beach music license plate is reserved for the president of the Beach Music Association International or its successor organization if that individual is otherwise eligible to register a qualifying motor vehicle in this State. License plate number "two" for the beach music license plate is reserved for the Chairman of the Board of Trustees of Coastal Carolina University if that individual is otherwise eligible to register a motor vehicle in this State. The special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued. The fee for this special license plate is the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title and a special motor vehicle license fee of twenty dollars.
(B) The fees collected pursuant to this section above the cost of production must be distributed to the general fund.
(C) The guidelines for the production, collection and distribution of fees for a special license plate under this section must meet the requirements of Section 56-3-8100.
HISTORY: 2012 Act No. 272, Section 12, eff December 26, 2012.
ARTICLE 123
Citadel Alumni Association "Big Red" Special License Plates
SECTION 56-3-12310. Citadel Alumni Association "Big Red" special license plates.
(A) The Department of Motor Vehicles may issue Citadel Alumni Association "Big Red" special license plates to owners of private passenger carrying motor vehicles as defined in Section 56-3-630, and motorcycles as defined in Section 56-3-20, registered in their names. The fee for each special license plate is seventy-five dollars every two years in addition to the regular motor vehicle license fee set forth in Article 5, Chapter 3 of this title. Each special license plate must be of the same size and general design of regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued.
(B) The fees collected pursuant to this section above the cost of producing the license plates must be distributed to the Citadel Alumni Association.
(C) The guidelines for the production, collection and distribution of fees for a special license plate under this section must meet the requirements of Section 56-3-8100.
HISTORY: 2012 Act No. 272, Section 13, eff December 26, 2012.
ARTICLE 124
"Largemouth Bass" Special License Plates
SECTION 56-3-12410. Largemouth Bass special license plates.
(A) The Department of Motor Vehicles may issue "Largemouth Bass" special motor vehicle license plates to owners of private passenger carrying motor vehicles, as defined in Section 56-3-630, or motorcycles as defined in Section 56-3-20, registered in their names. The license plate shall have the image of a largemouth bass imprinted on it. The design of the plate and the largemouth bass image utilized must be selected through a public process conducted by the Department of Natural Resources. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued.
(B) The fees collected pursuant to this section above the cost of production must be distributed to the Department of Natural Resources, which only shall use the funds to promote bass fishing throughout the State.
(C) The guidelines for the production, collection and distribution of fees for a special license plate under this section must meet the requirements of Section 56-3-8100.
HISTORY: 2012 Act No. 272, Section 14, eff December 26, 2012.
ARTICLE 125
High School Special License Plates
SECTION 56-3-12510. High School special license plates.
(A) The Department of Motor Vehicles may issue to owners of private passenger motor vehicles, as defined in Section 56-3-630, or motorcycles as defined in Section 56-3-20, registered in a person's name, special motor vehicle license plates which may have imprinted on them an emblem, a seal, or other symbol the department considers appropriate of a public or independent high school located in this State. A school may submit to the department for its approval the emblem, seal, or other symbol it desires to be used for its respective special license plate. A school also may request a change in the emblem, seal, or other symbol once the existing inventory of the license plate has been exhausted. The fee for this special license plate is seventy dollars every two years in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.
(B) The fees collected pursuant to this section must be distributed to a separate fund for each of the respective high schools. Each fund must be administered by the school and may be used only for academic scholarships. Funds collected for state schools must be deposited with the State Treasurer. Funds collected for independent institutions must be deposited in an account designated by the respective school. The distribution is thirty dollars to the department and forty dollars to the school for each special license plate sold for the respective school.
(C) The guidelines for the production of a special license plate under this section must meet the requirements of Section 56-3-8100.
HISTORY: 2012 Act No. 272, Section 18, eff December 26, 2012.
ARTICLE 126
"South Carolina Wildlife Federation" Special License Plates
SECTION 56-3-12610. South Carolina Wildlife Federation special license plates.
(A) The Department of Motor Vehicles may issue "South Carolina Wildlife Federation" or "Palmetto Wild" or both, special motor vehicle license plates to owners of private passenger motor vehicles as defined in Section 56-3-630, or motorcycles as defined in Section 56-3-20, registered in their names which may have imprinted on them an emblem, seal, symbol, or design of the South Carolina Wildlife Federation. The South Carolina Wildlife Federation must submit to the department for its approval the emblem, seal, symbol, or design it wishes to display on the plates. The South Carolina Wildlife Federation must submit to the department written authorization for use of any copyrighted or registered logos, trademarks, or designs. The South Carolina Wildlife Federation may request a change in the emblem, seal, or symbol not more than once every five years. The plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued. The fee for the plate is the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title and a special motor vehicle license fee of thirty dollars.
(B) Notwithstanding another provision of law, from the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the department to defray the expenses of the department in producing and administering the plates. The remaining funds collected from the special motor vehicle license fee must be distributed to the South Carolina Wildlife Federation for conservation programs in South Carolina.
(C) The guidelines for the production of a special license plate under this section must meet the requirements of Section 56-3-8100.
HISTORY: 2012 Act No. 272, Section 19, eff December 26, 2012.
ARTICLE 127
"Dr. Mary McLeod Bethune" Special License Plates
SECTION 56-3-12710. Dr. Mary McLeod Bethune special license plates.
(A) The Department of Motor Vehicles may issue "Dr. Mary McLeod Bethune" special license plates to owners of private passenger carrying motor vehicles, as defined in Section 56-3-630, or motorcycles, as defined in Section 56-3-20, registered in their names which shall have imprinted on burgundy and gold license plates "Dr. Mary McLeod Bethune" and her image, her year of birth, and her year of death. Twin City Outreach Mission shall submit to the department for its approval a design it desires to be used for this special license plate. Twin City Outreach Mission may request a change in the design not more than once every five years. The fee for this special license plate is thirty dollars every two years in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3, Title 56. The requirements for production, collection, and distribution of fees for the plate are those set forth in Section 56-3-8100. This special license plate must be of the same size and general design of regular motor vehicle license plates. This special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued.
(B) The fees collected pursuant to this section above the cost of the regular motor vehicle registration fee must be distributed in the following manner:
(1) seventy-five percent to Twin City Outreach Mission to:
(a) fund the construction and operation of the Dr. Mary McLeod Bethune Museum and Restaurant;
(b) fund the construction of the Dr. Mary McLeod Bethune Nature Trail;
(c) promote tourism in the Town of Mayesville, Sumter County, South Carolina; and
(d) promote other projects related to Dr. Mary McLeod Bethune, tourism that will impact economic development and job creation for the citizens of Mayesville, Sumter County, and South Carolina; and
(2) twenty-five percent to the Town of Mayesville to be used for operational and program opportunity matching funds.
HISTORY: 2012 Act No. 272, Section 24, eff December 26, 2012.
ARTICLE 128
Gadsden Flag License Plates
SECTION 56-3-12810. Gadsden Flag special license plates.
(A) The Department of Motor Vehicles may issue "Gadsden Flag" motor vehicle license plates to owners of private passenger carrying motor vehicles, as defined in Section 56-3-630 and motorcycles as defined in Section 56-3-20 registered in their names. The fee for this special license plate is twenty dollars every two years in addition to the regular motor vehicle registration fee contained in Article 5, Chapter 3, Title 56. This special license plate must be of the same size and shape of regular motor vehicle license plates. This special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued.
(B) The design of the license plate must replicate the color, layout, and design of the Gadsden flag and contain the words "Don't Tread on Me" below a coiled rattlesnake.
(C) The fees collected pursuant to this section above the cost of producing the license plates must be distributed to the State Museum. The State Museum must use the fees only to help fund programs and exhibits dedicated to the Revolutionary War and our state's role in the Revolutionary War.
(D) The requirements for production, collection, and distribution of fees for this license plate are those set forth in Section 56-3-8100.
(E) If the department receives fewer than three hundred biennial applications and renewals for this special license plate, it may not produce additional special license plates in this series. The department shall continue to issue special license plates of this series until the existing inventory is exhausted.
HISTORY: 2012 Act No. 272, Section 25, eff December 26, 2012.
ARTICLE 129
"Active Duty Members of the United States Armed Forces" Special License Plates [Repealed]
HISTORY: Former Section, titled Active Duty Members of the United States Armed Forces special license plates, had the following history: 2012 Act No. 272, Section 26, eff December 26, 2012. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
ARTICLE 130
"2010-11 Baseball National Champions" Special License Plates
SECTION 56-3-13010. 2010-11 Baseball National Champions special license plates.
(A) The Department of Motor Vehicles may issue "2010-11 Baseball National Champions" special license plates to owners of private passenger motor vehicles, as defined in Section 56-3-630, or motorcycles as defined in Section 56-3-20, registered in their names.
(B) The University of South Carolina may submit to the department for its approval the emblem, seal, or other symbol it desires to be used for its respective special license plate, provided that the phrase "2010-11 National Baseball Champions" must be utilized on the plate.
(C) The requirements for production, collection, and distribution of fees for the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of seventy dollars. Any portion of the additional seventy-dollar fee not set aside by the Comptroller General to defray costs of production and distribution must be distributed to the fund established for the University of South Carolina pursuant to Section 56-3-3710(B) used for the purposes provided in that section.
(D) License number "1" for the "2010-11 Baseball National Champions" license plate is reserved for the University of South Carolina Head Baseball Coach.
HISTORY: 2012 Act No. 272, Section 27, eff December 26, 2012.
ARTICLE 131
"Combat-Related Disabled Veteran" Special License Plates [Repealed]
HISTORY: Former Section, titled Combat-Related Disabled Veteran special license plates, had the following history: 2012 Act No. 272, Section 28, eff December 26, 2012. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
ARTICLE 132
Special License Plates for Recipients of the Distinguished Flying Cross [Repealed]
HISTORY: Former Section, titled Recipients of the Distinguished Flying Cross special motor vehicle license plates, had the following history: 2013 Act No. 56, Section 1, eff September 12, 2013. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
ARTICLE 133
Motorcycle Awareness Alliance Special License Plates
SECTION 56-3-13310. "Motorcycle Awareness Alliance" special motor vehicle license plates.
(A) The Department of Motor Vehicles may issue "Motorcycle Awareness Alliance" special motor vehicle license plates to owners of private passenger motor vehicles, as defined in Section 56-3-630, or motorcycles, as defined in Section 56-3-20, registered in their names which may have imprinted on the plate the Motorcycle Awareness Alliance emblem. The Motorcycle Awareness Alliance shall submit to the department for its approval the proposed design it desires to be used for this special license plate. The fee for this special license plate is the regular motor vehicle registration fee contained in Article 5, Chapter 3 of this title and a special motor vehicle license plate fee of thirty dollars. This special license plate must be of the same size and general design of regular motor vehicle license plates. The special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month the special license plate is issued.
(B) Notwithstanding any other provision of law, from the fees collected pursuant to this section, the Comptroller General shall place sufficient funds into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles in producing and administering the special license plates. The remaining funds collected from the special motor vehicle license plate fee must be distributed to the Motorcycle Awareness Alliance for the promotion of motorcycle safety, education and awareness programs and deposited into an appropriate nonprofit account designated by the Motorcycle Awareness Alliance.
(C) The guidelines for the production of a special license plate under this section must meet the requirements of Section 56-3-8100.
(D) If the department receives less than three hundred biennial applications and renewals for a particular special license plate authorized under this section, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted.
HISTORY: 2013 Act No. 56, Section 4, eff June 12, 2013.
ARTICLE 134
S.C. Riverkeepers Special License Plates
SECTION 56-3-13410. S.C. Riverkeepers special license plates.
(A) The Department of Motor Vehicles may issue S.C. Riverkeepers special license plates to owners of private passenger carrying motor vehicles, as defined in Section 56-3-630, or motorcycles, as defined in Section 56-3-20, registered in their names which shall have a blue background and imprinted on them in white "S.C. Riverkeepers", "Keep Our Rivers Clean", a crescent moon, and a palmetto tree. The fee for this special license plate is thirty dollars every two years in addition to the regular motor vehicle registration fee set forth in Article 5, Chapter 3, Title 56. This special license plate must be of the same size and general design of regular motor vehicle license plates. This special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued.
(B) The additional fees collected pursuant to this section above the cost of production must be distributed equally to the Congaree Riverkeeper, Charleston Waterkeeper, Waccamaw Riverkeeper, Savannah Riverkeeper, Catawba Riverkeeper, and Santee Riverkeeper organizations.
(C) The guidelines for the production, collection, and distribution of fees for a special license plate under this section must meet the requirements of Section 56-3-8100.
HISTORY: 2013 Act No. 56, Section 5, eff December 12, 2013.
ARTICLE 135
Autism Awareness Special License Plates
SECTION 56-3-13510. Short title.
This article may be cited as the "Savannah Lee Monroe Autism Awareness Special License Plates Act".
HISTORY: 2013 Act No. 56, Section 6, eff June 12, 2013.
SECTION 56-3-13520. "Autism Awareness" special motor vehicle license plates.
(A) The Department of Motor Vehicles may issue "Autism Awareness" special motor vehicle license plates to owners of private passenger motor vehicles, as defined in Section 56-3-630, or motorcycles, as defined in Section 56-3-20, registered in their names. This special license plate must be of the same size and general design of regular motor vehicle license plates. This special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued.
(B) The requirements for production, collection, and distribution of fees for this license plate are those set forth in Section 56-3-8100. The fees collected pursuant to this section above the cost of producing the license plates must be distributed to the South Carolina Autism Society.
HISTORY: 2013 Act No. 56, Section 6, eff June 12, 2013.
ARTICLE 136
South Carolina Stands with Israel Special License Plates
SECTION 56-3-13610. "South Carolina Stands with Israel" special license plates.
(A) The Department of Motor Vehicles may issue "South Carolina Stands with Israel" special motor vehicle license plates to owners of private passenger motor vehicles, as defined in Section 56-3-630, or motorcycles, as defined in Section 56-3-20, registered in their names. This special license plate must be of the same size and general design of regular motor vehicle license plates. This special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued.
(B) The requirements for production, collection, and distribution of fees for this license plate are those set forth in Section 56-3-8100. Any portion of the fees collected pursuant to this article, not set aside by the Comptroller General to defray the expenses associated with producing and administering the distribution of the license plate, must be distributed to Chabad of Charleston, Inc.
HISTORY: 2014 Act No. 202 (H.4383), Section 1, eff June 2, 2014.
ARTICLE 137
American Red Cross Special License Plates
SECTION 56-3-13710. American Red Cross special motor vehicle license plates.
(A) The Department of Motor Vehicles may issue American Red Cross special motor vehicle license plates to owners of private passenger motor vehicles, as defined in Section 56-3-630, and motorcycles, as defined in Section 56-3-20, registered in their names. This special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued.
(B) Notwithstanding another provision of law, from the fees collected pursuant to this section, the Comptroller General shall place into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167, an amount equal to the expenses of the Department of Motor Vehicles in producing and administering the special license plates. The remaining funds collected from the special motor vehicle license plate fee must be disbursed to the American Red Cross.
(C) Notwithstanding another provision of law, the requirements for production, collection, and distribution of fees for these license plates are those set forth in Section 56-3-8100.
(D) The department shall imprint the special license plates with the distinctive Red Cross emblem approved by the American Red Cross along with the words or text, "Proud Supporter of the American Red Cross" written at the top of the special license plates.
HISTORY: 2015 Act No. 55 (H.3264), Section 1, eff June 3, 2015; 2016 Act No. 275 (S.1258), Section 72, eff July 1, 2016.
ARTICLE 138
Chase Away Childhood Cancer Special License Plates
SECTION 56-3-13810. Chase Away Childhood Cancer special license plates; fees.
(A) The Department of Motor Vehicles may issue "Chase Away Childhood Cancer" motor vehicle license plates to owners of private passenger carrying motor vehicles, as defined in Section 56-3-630 and motorcycles as defined in Section 56-3-20 registered in their names. The fee for this special license plate is fifty dollars every two years in addition to the regular motor vehicle registration fee contained in Article 5, Chapter 3, Title 56. This special license plate must be of the same size and shape of regular motor vehicle license plates. This special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued.
(B) The fees collected pursuant to this section above the cost of producing the license plates must be distributed to Chase After a Cure.
(C) The requirements for production, collection, and distribution of fees for this license plate are those set forth in Section 56-3-8100.
HISTORY: 2016 Act No. 186 (H.3927), Section 6, eff May 25, 2017.
Article 139
Special Personalized Motor Vehicle License Plates
SECTION 56-3-13910. Special personalized motor vehicle license plates; fee; design.
(A) The department may issue special personalized motor vehicle license plates to owners of private passenger motor vehicles as defined in Section 56-3-630, and motorcycles as defined in Section 56-3-20, registered in their names for any special organizational plate authorized pursuant to Section 56-3-8000, Section 56-3-8100, or any other organizational plate authorized by law. In order for a specialized license plate to be personalized, the sponsoring organization, if there is one, must agree to make the license plate available for personalization. The person requesting the special personalized license plate must meet all of the requirements to obtain the specialty license plate.
(B) The fee for all special personalized organizational license plates created pursuant to this section is the regular biennial registration fee set forth in Article 5, Chapter 3 of this title plus an additional biennial personalization fee of thirty dollars, in addition to any special fee associated with the selected plate design. The Comptroller General shall place twenty dollars of the special personalized organizational license plate fee in a special restricted account to be used by the department to defray the expenses of the department. The remaining ten dollars of the personalization fee must be distributed to the sponsoring organization. The department may not refund the fee once the personalized license plate has been manufactured.
(C) The license plate design must be identical to the design approved by the department for the organizational license plate, but the license plate will bear the requested number or letter combination subject to approval by the department. There may be no duplication of registration license plate letter or number combinations. The department, in its discretion, may refuse the issue of letter or number combinations which may carry connotations offensive to good taste and decency.
HISTORY: 2016 Act No. 186 (H.3927), Section 1, eff May 25, 2017.
Article 140
"Clemson University 2016 and 2018 Football National Champions" Special License Plates
SECTION 56-3-14010. Clemson University 2016 and 2018 Football National Champions special license plates.
(A)(1) The Department of Motor Vehicles shall issue "Clemson University 2016 Football National Champions" special license plates to owners of private passenger motor vehicles, as defined in Section 56-3-630, or motorcycles as defined in Section 56-3-20, registered in their names.
(2) The department shall issue "Clemson University 2018 Football National Champions" special license plates to owners of private passenger motor vehicles, as defined in Section 56-3-630, or motorcycles as defined in Section 56-3-20, registered in their names.
(B) Clemson University may submit to the department for its approval the emblem, seal, or other symbol it desires to be used for its respective special license plates.
(C) The requirements for production, collection, and distribution of fees for the plates are those set forth in Section 56-3-8100. The biennial fee for each plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of seventy dollars. Any portion of the additional seventy-dollar fee not set aside to defray costs of production and distribution must be distributed to the fund established for Clemson University pursuant to Section 56-3-3710(B) used for the purposes provided in that section.
(D)(1) License number "1" for the "Clemson University 2016 Football National Champions" license plate is reserved for the Clemson University Head Football Coach.
(2) License number "1" for the "Clemson University 2018 Football National Champions" license plate is reserved for the Clemson University Head Football Coach.
HISTORY: 2017 Act No. 1 (S.263), Section 1, eff March 10, 2017; 2019 Act No. 22 (S.514), Section 1, eff April 26, 2019.
Effect of Amendment
2019 Act No. 22, Section 1, in (A), inserted the (1) identifier and added (2), relating to Clemson University 2018 Football National Champions' special license plates; in (B), substituted "license plates" for "license plate"; in (C), in the first sentence, substituted "plates" for "plate", and in the second sentence, substituted "each plate" for "this plate"; in (D), inserted the (1) identifier and added (2), relating to license number "1" being reserved for the Clemson University Head Football Coach.
ARTICLE 141
"2016 Baseball National Champions" Special License Plates
SECTION 56-3-14110. 2016 Baseball National Champions special license plates.
(A) The Department of Motor Vehicles shall issue "2016 Baseball National Champions" special license plates to owners of private passenger motor vehicles, as defined in Section 56-3-630, or motorcycles, as defined in Section 56-3-20, registered in their names.
(B) Coastal Carolina University may submit to the department for its approval the emblem, seal, or other symbol it desires to be used for its respective special license plate, provided that the phrase "2016 Baseball National Champions" must be utilized on the plate.
(C) The requirements for production, collection, and distribution of fees for the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of seventy dollars. Any portion of the additional seventy-dollar fee not set aside to defray costs of production and distribution must be distributed to the fund established for Coastal Carolina University pursuant to Section 56-3-3710(B), used for the purposes provided in that section.
(D) License number "1" for the "2016 Baseball National Champions" license plate is reserved for the Coastal Carolina University Head Baseball Coach.
HISTORY: 2017 Act No. 5 (S.365), Section 1, eff April 5, 2017.
ARTICLE 142
"University of South Carolina 2017 and 2022 Women's Basketball National Champions" Special License Plates
SECTION 56-3-14210. University of South Carolina 2017 and 2022 Women's Basketball National Champions special license plates.
(A) The Department of Motor Vehicles shall issue "University of South Carolina 2017 and 2022 Women's Basketball National Champions" special license plates to owners of private passenger motor vehicles, as defined in Section 56-3-630, or motorcycles as defined in Section 56-3-20, registered in their names.
(B) The University of South Carolina may submit to the department for its approval the emblem, seal, or other symbol it desires to be used for its respective special license plate.
(C) The requirements for production, collection, and distribution of fees for the plate are those set forth in Section 56-3-8100. The biennial fee for this plate is the regular registration fee set forth in Article 5, Chapter 3 of this title plus an additional fee of seventy dollars. Any portion of the additional seventy-dollar fee not set aside to defray costs of production and distribution must be distributed to the fund established for the University of South Carolina pursuant to Section 56-3-3710(B) used for the purposes provided in that section.
(D) License number "1" for the "University of South Carolina 2017 and 2022 Women's Basketball National Champions" license plates are reserved for the University of South Carolina Women's Basketball Coach.
(E) The department must issue to registrants who have a license plate commemorating only the 2017 Women's Basketball National Championship the license plate commemorating both the 2017 and 2022 national championship once the 2017 license plate reaches the end of its ten-year lifecycle. This subsection does not apply to registrants who choose to switch to the "2017 and 2022" license plate on their own.
HISTORY: 2017 Act No. 21 (S.617), Section 1, eff May 9, 2017; 2022 Act No. 216 (S.1237), Section 1, eff May 23, 2022.
Editor's Note
2022 Act No. 216, Section 9, provides as follows:
"SECTION 9. SECTION 1 of this act takes effect upon approval by the Governor. SECTIONS 2, 3, 4, 5, 6, 7, and 8 of this act take effect May 6, 2022."
Effect of Amendment
2022 Act No. 216, Section 1, in (A), inserted "and 2022" following "2017"; in (D), inserted "and 2022" following "2017" and substituted "license plates are" for "license plate is"; and added (E).
ARTICLE 143
"Palmetto Cross" Special License Plates [Repealed]
Code Commissioner's Note
At the direction of the Code Commissioner, Article 140, as added by 2017 Act No. 65, Section 1, was redesignated as Article 143 to accommodate the addition of Article 140 added by 2017 Act No. 1, Section 1.
SECTIONS 56-3-14310 to 56-3-14340. Repealed.
HISTORY: Former Section 56-3-14310, titled Palmetto Cross Medal special license plates; fees, had the following history: 2017 Act No. 65 (H.3256), Section 1, eff May 19, 2017. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
HISTORY: Former Section 56-3-14320, titled Size of plates; handicapped qualification, had the following history: 2017 Act No. 65 (H.3256), Section 1, eff May 19, 2017. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
HISTORY: Former Section 56-3-14330, titled Transfer of special license plate to another vehicles; unauthorized use, had the following history: 2017 Act No. 65 (H.3256), Section 1, eff May 19, 2017. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
HISTORY: Former Section 56-3-14340, titled Provisions cumulative to other license provisions; prohibited acts; penalties, had the following history: 2017 Act No. 65 (H.3256), Section 1, eff May 19, 2017. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
ARTICLE 144
"Legion of Merit" Special License Plates [Repealed]
Code Commissioner's Note
At the direction of the Code Commissioner, Article 141, as added by 2017 Act No. 65, Section 3, was redesignated as Article 144 to accommodate the addition of Article 141 added by 2017 Act No. 5, Section 1.
HISTORY: Former Section, titled Legion of Merit special license plates, had the following history: 2017 Act No. 65 (H.3256), Section 3, eff May 19, 2017. Repealed by 2021 Act No. 38, Section 2, eff May 6, 2022.
ARTICLE 145
"Virginia Tech" Special License Plates
Code Commissioner's Note
At the direction of the Code Commissioner, Article 142, as added by 2017 Act No. 65, Section 5, was redesignated as Article 145 to accommodate the addition of Article 142 added by 2017 Act No. 21, Section 1.
SECTION 56-3-14510. Virginia Tech special license plates.
(A) The Department of Motor Vehicles may issue "Virginia Tech" special license plates to owners of private passenger carrying motor vehicles, as defined in Section 56-3-630, and motorcycles, as defined in Section 56-3-20, registered in their names. The fee for each special license plate is seventy dollars every two years, in addition to the regular motor vehicle license fee set forth in Article 5, Chapter 3, Title 56. Each license plate must be of the same size and general design as regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period that expires twenty-four months from the month the special license plate is issued.
(B) The fees collected in excess of the cost of producing the license plates must be distributed to the South Carolina Palmetto Chapter of Virginia Tech.
(C) The guidelines for the production, collection, and distribution of fees for a special license plate under this section must meet the requirements of Section 56-3-8100.
HISTORY: 2017 Act No. 65 (H.3256), Section 5, eff May 19, 2017.
Code Commissioner's Note
At the direction of the Code Commissioner, Section 56-3-14210, as added by 2017 Act No. 65, Section 5, was redesignated as Section 56-3-14510 to accommodate the addition of Section 56-3-14210 added by 2017 Act No. 21, Section 1.
ARTICLE 146
"Powering the Palmetto State" Special License Plates
Code Commissioner's Note
At the direction of the Code Commissioner, Article 143, as added by 2017 Act No. 65, Section 2, was redesignated as Article 146 to accommodate the redesignation of Article 140 added by 2017 Act No. 65, Section 1.
SECTION 56-3-14610. Powering the Palmetto State special license plates.
(A) The Department of Motor Vehicles may issue "Powering the Palmetto State" special license plates to owners of private passenger carrying motor vehicles, as defined in Section 56-3-630, and motorcycles, as defined in Section 56-3-20, registered in their names. The fee for each special license plate is the regular motor vehicle license fee set forth in Article 5, Chapter 3, Title 56. The Electric Cooperatives of South Carolina, Inc., shall submit to the department for its approval the proposed design it desires to be used for this special license plate honoring the work of South Carolina's electrical linemen.
(B) Each special license plate must be of the same size and general design as regular motor vehicle license plates. Each special license plate must be issued or revalidated for a biennial period that expires twenty-four months from the month the special license plate is issued.
(C) The guidelines for the production, collection, and distribution of fees for a special license plate under this section must meet the requirements of Section 56-3-8100.
HISTORY: 2017 Act No. 65 (H.3256), Section 2, eff May 19, 2017.
Code Commissioner's Note
At the direction of the Code Commissioner, Section 56-3-14310, as added by 2017 Act No. 65, Section 2, was redesignated as Section 56-3-14610 to accommodate the redesignation of Section 56-3-14310 added by 2017 Act No. 65, Section 1.
ARTICLE 147
"Drivers For a Cure" Special License Plates
SECTION 56-3-14710. Drivers For a Cure special license plates.
(A) The Department of Motor Vehicles may issue "Drivers For a Cure" special license plates to owners of private passenger-carrying motor vehicles, as defined in Section 56-3-630, or motorcycles registered in their names. Each special license plate must be issued or revalidated for a biennial period that expires twenty-four months from the month the special license plate is issued.
(B) This special license plate must be the same size and general design as regular motor vehicle license plates.
(C) The requirements for production, collection, and distribution of fees for the plate are those set forth in Section 56-3-8100. The biennial fee for each special license plate is thirty dollars plus the regular motor vehicle license fee set forth in Article 5, Chapter 3, Title 56. Any portion of the thirty-dollar fee in excess of the costs of production and distribution of the license plates must be distributed evenly between the Medical University of South Carolina Hollings Cancer Center and the Duke Cancer Institute.
HISTORY: 2021 Act No. 5 (S.242), Section 1, eff March 15, 2021.
ARTICLE 148
Two Hundred Fifty Year Anniversary Revolutionary War Commemorative Special License Plates
SECTION 56-3-14810. Two Hundred Fifty Year Anniversary Revolutionary War special commemorative special license plates.
(A) The Department of Motor Vehicles may issue special commemorative motor vehicle license plates commemorating the two hundred fiftieth anniversary of the American Revolution to owners of private passenger carrying motor vehicles or motorcycles registered in their names. The biennial fee for this commemorative license plate is the same as the fee provided in Article 5, Chapter 3 of this title.
(B) The South Carolina Revolutionary War Sestercentennial Commission shall submit to the department for approval the design, emblem, seal, logo, or other symbols it desires to be used for this special license plate.
(C) This special license plate is exempt from the provisions contained in Section 56-3-8100.
(D) The production of this special license plate will cease January 1, 2033.
HISTORY: 2021 Act No. 11 (H.3501), Section 1, eff January 1, 2022.
ARTICLE 149
Military Special License Plates
SECTION 56-3-14910. Special license plates reflective of valorous awards.
(A) The department may issue the following special license plates reflective of valorous awards for private passenger vehicles and motorcycles to active or prior service members who received the following awards:
(1) Medal of Honor- Army
(2) Medal of Honor- Navy
(3) Medal of Honor- Air Force
(4) Distinguished Service Cross- Army
(5) Distinguished Service Cross- Navy
(6) Distinguished Service Cross- Air Force
(7) South Carolina Medal of Valor
(8) Silver Star
(9) Bronze Star (with valor)
(10) Soldier's Medal.
(B) The qualifying active or prior service members must be one of the registrants of the vehicle. No more than three license plates per award type may be issued to the award recipient. License plates for awards specified in subsection (A) are exempt from the regular motor vehicle registration fee contained in Article 5, Chapter 3, Title 56. These special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued.
(C) The application for a special license plate must include official military documentation (a DD-214, NGB Form 22, or official orders) demonstrating the applicant is the recipient of an award specified in subsection (A).
(D) A person issued a license plate under the provisions of subsection (A) may park in metered or timed parking places without being subject to parking fees or fines. This section has no application to areas or during times in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles. As a condition to this privilege, a vehicle must display a distinguishing license plate issued by the department for vehicles registered to recipients of an award specified in subsection (A).
(E) License plates authorized under subsection (A) are exempt from the provisions contained in Section 56-3-8100.
HISTORY: 2021 Act No. 38 (H.3805), Section 1, eff May 6, 2022.
SECTION 56-3-14920. Special license plates reflective of distinguished service awards.
(A) The department may issue the following special license plates reflective of distinguished service awards for private passenger vehicles and motorcycles to active or prior service members who received the following awards:
(1) Distinguished Service Medal- Army
(2) Distinguished Service Medal- Navy
(3) Distinguished Service Medal- Air Force
(4) Distinguished Service Medal- Marine Corps
(5) Distinguished Service Medal- Coast Guard
(6) Distinguished Flying Cross
(7) Legion of Merit
(8) Palmetto Cross.
(B) The qualifying active or prior service member must be one of the registrants of the vehicle. No more than three license plates per award type may be issued to the award recipient. License plates for awards specified in subsection (A) are exempt from the regular motor vehicle registration fee contained in Article 5, Chapter 3, Title 56. This special license plate must be issued or revalidated for a biennial period which expires twenty-four months from the month it is issued.
(C) The application for a special license plate must include official military documentation (a DD-214, NGB Form 22, or official orders) demonstrating the applicant is the recipient of an award specified in subsection (A).
(D) A person issued a license plate under the provisions of subsection (A) may park in metered or timed parking places without being subject to parking fees or fines. This section has no application to areas or during times in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles. As a condition to this privilege, a vehicle must display a distinguishing license plate which is issued by the department for vehicles registered to recipients of an award specified in subsection (A).
(E) License plates authorized under subsection (A) are exempt from the provisions contained in Section 56-3-8100.
HISTORY: 2021 Act No. 38 (H.3805), Section 1, eff May 6, 2022.
SECTION 56-3-14930. Special license plates reflective of exemplary service awards.
(A) The department may issue the following special license plates reflective of exemplary service awards for private passenger vehicles and motorcycles to the individuals specified by the following license plate categories:
(1) Gold Star Family: available to immediate family members (spouse, parent, children, or siblings)
(2) Gold Star Family Personalized: available to immediate family members (spouse, parent, children, or siblings)
(3) Prisoner of War: available to the award recipient and spouse
(4) Purple Heart: available to the award recipient
(5) Purple Heart Wheelchair: available to the award recipient.
(B) The qualifying registrants are specified above in subsection (A). No more than three license plates per award type may be issued to the award recipient or qualifying family members. License plates for awards specified in subsection (A) are exempt from the regular motor vehicle registration fee contained in Article 5, Chapter 3, Title 56. These special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.
(C) The application for a special license plate must include official military documentation (a DD-214, NGB Form 22, or official orders) demonstrating the applicant is the recipient of an award specified in subsection (A).
(D) A person issued a license plate under the provisions of subsection (A) may park in metered or timed parking places without being subject to parking fees or fines. This section has no application to those areas or during those times in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles. As a condition to this privilege, a vehicle must display a distinguishing license plate issued by the department for vehicles registered to recipients of an award specified in subsection (A).
(E) License plates authorized under subsection (A) are exempt from the provisions contained in Section 56-3-8100.
HISTORY: 2021 Act No. 38 (H.3805), Section 1, eff May 6, 2022.
SECTION 56-3-14940. Special license plates reflective of a service-connected disability.
(A) The department may issue the following special license plates reflective of a service-connected disability for passenger vehicles and motorcycles registered to qualifying veterans:
(1) Disabled Veteran-the applicant must be considered totally and permanently disabled due to a service-connected disability as evidenced by official military documentation.
(2) Disabled Veteran (wheelchair)-the applicant must be considered totally and permanently disabled due to a service-connected disability as evidenced by official military documentation. The applicant also must qualify for handicapped parking privileges as specified in Section 56-3-1910 and follow the application process prescribed by Section 56-3-1910.
(3) Disabled Female Veteran-the applicant must be considered totally and permanently disabled due to a service-connected disability as evidenced by official military documentation.
(4) Disabled Female Veteran (wheelchair)-the applicant must be considered totally and permanently disabled due to a service-connected disability as evidenced by official military documentation. The applicant also must qualify for handicapped parking privileges as specified in Section 56-3-1910 and follow the application process prescribed by Section 56-3-1910.
(B) The qualifying service member or veteran must be one of the registrants of the vehicle. No more than three license plates may be issued to the award recipient. License plates for medals specified in subsection (A) are exempt from the regular motor vehicle registration fee contained in Article 5, Chapter 3, Title 56. These special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued. Any registration fees collected pursuant to this section from May 6, 2022, to the effective date of this act shall be refunded by the Department of Motor Vehicles.
(C) The application for a special license plate must include a letter indicating the appropriate disability rating from the Department of Veterans Affairs.
(D) License plates authorized under subsection (A) are exempt from the provisions contained in Section 56-3-8100.
HISTORY: 2021 Act No. 38 (H.3805), Section 1, eff May 6, 2022; 2022 Act No. 216 (S.1237), Section 3, eff May 6, 2022.
Editor's Note
2022 Act No. 216, Section 9, provides as follows:
"SECTION 9. SECTION 1 of this act takes effect upon approval by the Governor. SECTIONS 2, 3, 4, 5, 6, 7, and 8 of this act take effect May 6, 2022."
Effect of Amendment
2022 Act No. 216, Section 3, in (B), in the third sentence, substituted "exempt from" for "subject to" and deleted "but no additional specialty plate fee" following "Title 56", and added the fifth sentence.
SECTION 56-3-14950. Special license plates reflective of campaign medals.
(A) The department may issue the following special license plates reflective of campaign medals for private passenger vehicles and motorcycles to active service members or prior service members who participated in the following military campaigns:
(1) World War II Veteran
(2) Pearl Harbor Survivor
(3) Normandy Invasion Survivor
(4) Korean War
(5) Vietnam War
(6) Operation Desert Shield/Desert Storm
(7) Operation Iraqi Freedom
(8) Operation Enduring Freedom.
(B) The qualifying service member or veteran must be one of the registrants of the vehicle. No more than three license plates may be issued to the award recipient. License plates for medals specified in subsection (A), except for Korean War license plates pursuant to subsection (A)(4), are subject to the regular motor vehicle registration fee contained in Article 5, Chapter 3, Title 56. License plates for medals specified in subsection (A) are not subject to an additional specialty plate fee. These special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.
(C) The application for a special license plate must include official military documentation (a DD-214, NGB Form 22, or official orders) demonstrating the applicant was a participant in a campaign specified in subsection (A).
(D) License plates authorized under subsection (A) are exempt from the provisions contained in Section 56-3-8100.
HISTORY: 2021 Act No. 38 (H.3805), Section 1, eff May 6, 2022.
SECTION 56-3-14960. Special license plates reflective of meritorious service.
(A) The department may issue the following special license plates reflective of meritorious service for private passenger vehicles and motorcycles to active or prior service members who received the following awards:
(1) Air Medal
(2) Bronze Star (service)
(3) Meritorious Service Medal.
(B) The qualifying active or prior service member must be one of the registrants of the vehicle. No more than three license plates may be issued to the award recipient. License plates for medals specified in subsection (A) are subject to the regular motor vehicle registration fee contained in Article 5, Chapter 3, Title 56 but no additional specialty plate fee. These special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.
(C) The application for a special license plate must include official military documentation (a DD-214, NGB Form 22, or official orders) demonstrating the applicant is the recipient of an award specified in subsection (A).
(D) License plates authorized under subsection (A) are exempt from the provisions contained in Section 56-3-8100.
HISTORY: 2021 Act No. 38 (H.3805), Section 1, eff May 6, 2022; 2022 Act No. 216 (S.1237), Section 4, eff May 6, 2022.
Editor's Note
2022 Act No. 216, Section 9, provides as follows:
"SECTION 9. SECTION 1 of this act takes effect upon approval by the Governor. SECTIONS 2, 3, 4, 5, 6, 7, and 8 of this act take effect May 6, 2022."
Effect of Amendment
2022 Act No. 216, Section 4, in (A), made a nonsubstantive change in (2) and added (3).
SECTION 56-3-14970. Special license plates reflective of military service.
(A) The department may issue the following special license plates reflective of military service for private passenger vehicles and motorcycles to active or prior service members associated with the following military components or designations:
(1) Veteran or Veteran wheelchair if the registrant qualifies for handicapped parking pursuant to Section 56-3-1910(H)
(2) Female Veteran or Female Veteran wheelchair if the registrant qualifies for handicapped parking pursuant to Section 56-3-1910(H)
(3) Combat-Related Disabled Veteran-the registrant must have a combat-related disability as evidenced by a letter from the U.S. Department of Veterans Affairs defining a combat and operations-related disability
(4) Army
(5) Marine Corps
(6) Navy
(7) Air Force
(8) Coast Guard
(9) US Space Force
(10) National Guard- Army
(11) National Guard- Air
(12) National Guard- Retired
(13) US Military Reserve- Army
(14) US Military Reserve- Marine Corps
(15) US Military Reserve- Navy
(16) US Military Reserve- Air Force
(17) US Military Reserve- Coast Guard
(18) US Armed Forces Retired
(19) State Guard.
(B) The qualifying active or prior service member must be one of the registrants of the vehicle. No more than three license plates may be issued to the award recipient. License plates for designation specified in subsection (A) are subject to the regular motor vehicle registration fee contained in Article 5, Chapter 3, Title 56 but no additional specialty plate fee. These special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.
(C) The application for a special license plate reflective of a branch of service must include official military documentation (a DD-214, NGB Form 22, or official orders) that the registrant is an active or prior service member of that branch of service pursuant to the requirements in Section 56-1-140(B)(1-3). The application for a special license plate reflective of a veteran's designation also must meet the specifications in Section 56-1-140(B)(1-3).
(D) License plates authorized under subsection (A) are exempt from the provisions contained in Section 56-3-8100.
HISTORY: 2021 Act No. 38 (H.3805), Section 1, eff May 6, 2022; 2022 Act No. 216 (S.1237), Section 2, eff May 6, 2022.
Editor's Note
2022 Act No. 216, Section 9, provides as follows:
"SECTION 9. SECTION 1 of this act takes effect upon approval by the Governor. SECTIONS 2, 3, 4, 5, 6, 7, and 8 of this act take effect May 6, 2022."
Effect of Amendment
2022 Act No. 216, Section 2, in (A), inserted (9) and resdesignated former (9) to (18) as (10) to (19).
SECTION 56-3-14980. Special license plates showing support for military-related private organizations.
(A) The department may issue the following types of special license plates showing support for military-related private organizations for private passenger vehicles and motorcycles to members of the general public that will financially benefit the following organizations:
(1) Blue Star Family
(2) Veterans of Foreign Wars
(3) American Legion
(4) Disabled American Veterans
(5) American Veterans
(6) Marine Corps League
(7) Chief Petty Officer
(8) Support Our Troops.
(B) License plates for the organizations specified in subsection (A) are subject to the regular motor vehicle registration fee contained in Article 5, Chapter 3, Title 56 and a special motor vehicle license plate fee set by the sponsoring organization. These special license plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued.
(C) License plates authorized under subsection (A) are subject to the provisions contained in Section 56-3-8100.
HISTORY: 2021 Act No. 38 (H.3805), Section 1, eff May 6, 2022; 2022 Act No. 216 (S.1237), Section 5, eff May 6, 2022.
Editor's Note
2022 Act No. 216, Section 9, provides as follows:
"SECTION 9. SECTION 1 of this act takes effect upon approval by the Governor. SECTIONS 2, 3, 4, 5, 6, 7, and 8 of this act take effect May 6, 2022."
Effect of Amendment
2022 Act No. 216, Section 5, in (A), made a nonsubstantive change in (7) and added (8).
SECTION 56-3-14990. Surviving spouse may apply for license plate or transfer of license plate.
Upon the death of an award recipient, a surviving spouse may apply to the department for a license plate issued under the provisions of Section 56-3-14910, 56-3-14920, or 56-3-14930(A)(3). The surviving spouse may apply to the department to transfer a license plate previously issued to the award recipient under the provisions of Section 56-3-14910, 56-3-14920, or 56-3-14930(A)(3) pursuant to Section 56-3-210(G). The surviving spouse must turn the plate into the department when the surviving spouse is no longer eligible for surviving spouse military benefits.
HISTORY: 2021 Act No. 38 (H.3805), Section 1, eff May 6, 2022; 2022 Act No. 216 (S.1237), Section 6, eff May 6, 2022.
Editor's Note
2022 Act No. 216, Section 9, provides as follows:
"SECTION 9. SECTION 1 of this act takes effect upon approval by the Governor. SECTIONS 2, 3, 4, 5, 6, 7, and 8 of this act take effect May 6, 2022."
Effect of Amendment
2022 Act No. 216, Section 6, in the first sentence, substituted "Section 56-3-14910, 56-3-14920, or 56-3-14930(A)(3)" for "Sections 56-3-14710, 56-3-14720, or 56-3-14730(A)(3)", and in the second sentence, substituted "Section 56-3-14910, 56-3-14920, or 56-3-14930(A)(3)" for "Section 56-3-14710, 56-3-14720, or 56-3-14730(A)(3)".
SECTION 56-3-15000. License plates issued under previous award criteria not subject to revised documentation requirements.
License plates first issued to registrants under previous requirements are not subject to the revised requirements that a person must meet to apply for a plate specified in this article.
HISTORY: 2021 Act No. 38 (H.3805), Section 1, eff May 6, 2022; 2022 Act No. 216 (S.1237), Section 7, eff May 6, 2022.
Editor's Note
2022 Act No. 216, Section 9, provides as follows:
"SECTION 9. SECTION 1 of this act takes effect upon approval by the Governor. SECTIONS 2, 3, 4, 5, 6, 7, and 8 of this act take effect May 6, 2022."
Effect of Amendment
2022 Act No. 216, Section 7, substituted "requirements" for "award criteria" and "requirements that a person must meet to apply" for "award documentation requirements that a person must provide the department upon applying".
SECTION 56-3-15010. Requirement for additional military special license plates added to this article.
Additional military special license plates added to this article must be listed in the most fitting category based on the definition of the award, conflict, service, or private organization.
HISTORY: 2021 Act No. 38 (H.3805), Section 1, eff May 6, 2022.