(A) As used in this section:
(1) "Approved driver's education course" means a driver's training course that:
(a) is approved by the Department of Motor Vehicles pursuant to Chapter 23, Title 56 or is approved by the Department of Education pursuant to Section 59-39-320;
(b) is administered by a driver's training school that is licensed by the Department of Motor Vehicles or a state institution or duly accredited and approved college, private, parochial, or public high school pursuant to Chapter 23, Title 56; and
(c) is conducted by a person holding a valid driver's instructor permit pursuant to Chapter 23, Title 56.
(2) "Satisfactory evidence of course completion" means a certificate signed by an official of the school, the Department of Motor Vehicles, the Department of Education, or other responsible educational entity which certifies that:
(a) the person has successfully completed the course; and
(b) the course is an approved driver's education course and meets the requirements of Chapter 23, Title 56 or Section 59-39-320.
(3) "Youthful operator" means a person under the age of twenty-five for which premium rates charged for liability coverages and collision coverage under a private passenger automobile insurance policy are determined by a youthful driver classification.
(B) Premium rates charged for liability coverages and collision coverage under a private passenger automobile insurance policy are subject to an appropriate driver's education course credit once satisfactory evidence of course completion is presented by an applicant for the credit that is the named insured or principal operator of the vehicle and is a youthful operator. The amount of the credit may be determined by each individual insurer based upon factually or statistically supported data and is subject to prior approval or review by the director. The credit must be afforded from the date the approved driver's education course was completed for as long as the premium rates continue to be determined by a youthful driver classification. The insurer may require, as a condition of providing and maintaining the credit, that the applicant not be involved in an accident for which the applicant is at fault or be convicted of, plead guilty to, or plead nolo contendere to a violation of the motor vehicle laws for any moving violation. The credit required by this section must be afforded by each insurer in a nondiscriminatory manner to all applicants.
(C) Only the vehicle driven by an applicant that has completed successfully an approved driver's education course qualifies for the insurance credit required by this section. Other vehicles under the private passenger automobile insurance policy do not qualify for the insurance credit required by this section unless the named insured or principal operator of the additional vehicle has successfully completed an approved driver's education course.
(D) The insurer must provide the driver's education course credit upon receipt of satisfactory evidence of course completion. Nothing in this section may be construed so as to require the insurer to provide the credit for any period of time before the date of receipt of satisfactory evidence of course completion.
(E) An applicant qualifying for the insurance credit required by this section only may claim the credit for successful completion of one approved driver's education course during any private passenger automobile insurance policy period.
(F) An approved driver's education course taken on a voluntary basis or taken as a requirement of driver licensing qualifies for the insurance credit. Driver training courses taken as a requirement of a driving offense including, but not limited to, ADSAP or driver training courses taken to reduce the number of traffic violation points against a driver's license, do not qualify for the insurance credit provided in this section.
(G) A schedule of rates, rate classification, or rating plan for private passenger automobile insurance must provide for an appropriate reduction in premium charges for an insured person who is a youthful operator and who qualifies as provided in this section.
HISTORY: 1994 Act No. 496, Section 1; 2011 Act No. 7, Section 2, eff December 31, 2011.
Structure South Carolina Code of Laws
Chapter 73 - Property, Casualty, Inland Marine, And Surety Rates And Rate-making Organizations
Section 38-73-10. Declaration of purpose; construction.
Section 38-73-20. Scope of chapter.
Section 38-73-30. Insurance subject to dual regulation.
Section 38-73-40. Recording and reporting of loss and expense experience.
Section 38-73-50. Interchange of rating plan data.
Section 38-73-60. Consultation with other states.
Section 38-73-70. Regulations.
Section 38-73-80. Withholding or giving false or misleading information.
Section 38-73-90. Examinations of rating organizations, advisory groups, and other organizations.
Section 38-73-110. Suspension of license.
Section 38-73-120. Hearing as prerequisite to imposition of penalty or suspension of license.
Section 38-73-130. Hearing procedure; judicial review.
Section 38-73-210. Article title and application.
Section 38-73-220. Approval process for rate level changes.
Section 38-73-250. Rate filings where line declared noncompetitive.
Section 38-73-270. Consumer information system.
Section 38-73-310. Scope of article.
Section 38-73-320. Insurance subject to both this article and Article 5.
Section 38-73-325. Absence of credit information.
Section 38-73-330. Making of rates.
Section 38-73-340. Rate filings required.
Section 38-73-410. Scope of article.
Section 38-73-420. Insurance subject to both this article and Article 3.
Section 38-73-425. Absence of credit information.
Section 38-73-430. Making of rates.
Section 38-73-440. Certain factors may not be considered in determining automobile insurance rates.
Section 38-73-470. Disposition of uninsured motorist premium.
Section 38-73-480. Rate for group automobile insurance.
Section 38-73-490. Workers' compensation rates.
Section 38-73-500. Merit rating for workers' compensation insurance; credit; testing.
Section 38-73-505. Reductions in premiums.
Section 38-73-510. Nonpartisan rating bureau for workers' compensation.
Section 38-73-515. Deductibles.
Section 38-73-520. Rate filings required.
Section 38-73-525. Filing of multiplier for expenses by insurers writing workers' compensation.
Section 38-73-526. Report as to availability and affordability of workers' compensation coverage.
Section 38-73-530. Competitive rate on specific risk.
Section 38-73-540. Assigned risk.
Section 38-73-545. Applicability to self-insurers.
Section 38-73-710. State Rating and Statistical Division established; executive director.
Section 38-73-737. Rate reductions for youthful operator completing approved driver training course.
Section 38-73-740. Certain information must be retained; inspection by applicant.
Section 38-73-905. Prior approval not required for certain rate changes.
Section 38-73-920. No insurance may be issued except on rates filed.
Section 38-73-930. Guidelines and formats for filing.
Section 38-73-935. Rate filings; information based upon; exceptions.
Section 38-73-940. Information in support of filing.
Section 38-73-950. Additional information may be required.
Section 38-73-960. Effective date of filing.
Section 38-73-965. Filing; effective date.
Section 38-73-970. Effective date for specially rated inland marine rates.
Section 38-73-980. Effective date for certain surety or guaranty bonds.
Section 38-73-990. Disapproval of filings generally.
Section 38-73-1000. Disapproval of specially rated specific inland marine rates.
Section 38-73-1010. Disapproval of special surety or guaranty filings.
Section 38-73-1020. Disapproval after applicable review period.
Section 38-73-1030. Review of filings on application of person aggrieved.
Section 38-73-1040. No disapproval of certain fire, allied lines, or inland marine filings.
Section 38-73-1050. No disapproval of certain casualty or automobile filings.
Section 38-73-1060. Use of rates and policy forms different from those filed; exceptions.
Section 38-73-1070. Suspension or modification of filing requirement.
Section 38-73-1080. Information to be furnished insureds; hearings and appeals of insureds.
Section 38-73-1085. Publication of representative sample of premiums.
Section 38-73-1090. Determination of discrimination and removal.
Section 38-73-1095. Essential property insurance; rating plan factors.
Section 38-73-1097. Applicability of certain provisions.
Section 38-73-1100. Determination of excessive or unreasonable rates; general reduction; refund.
Section 38-73-1105. Insurer's use of definition of "underinsured motor vehicle".
Section 38-73-1110. Regulation of calculation and refunding of excess profit.
Section 38-73-1120. Provisions to ensure expenses are allocated and treated properly; penalty.
Section 38-73-1215. Applicability to self-insurers.
Section 38-73-1220. Application for license as rating organization.
Section 38-73-1230. Issuance or denial of license; duration; fee.
Section 38-73-1240. Suspension or revocation of license.
Section 38-73-1250. Changes within rating organization.
Section 38-73-1260. Subscribers to rating organizations.
Section 38-73-1270. Changes in rules and regulations; review of reasonableness.
Section 38-73-1280. Rules may not regulate certain payments.
Section 38-73-1290. Filings must be adhered to.
Section 38-73-1300. Application for modification by fire or inland marine insurer.
Section 38-73-1310. Application for modification by casualty or automobile insurer.
Section 38-73-1330. Examination of policies and other papers; correction of errors.
Section 38-73-1340. Appeal by minority.
Section 38-73-1350. Cooperation.
Section 38-73-1360. Actuarial, technical, and other services.
Section 38-73-1410. Refiling of final rates or premium charges previously approved not required.
Section 38-73-1510. "Advisory organization" defined.
Section 38-73-1520. Filing certain data and agreement authorizing examination.
Section 38-73-1530. Requiring discontinuance of certain acts or practices.
Section 38-73-1710. Regulation of joint underwriting and joint reinsurance.
Section 38-73-1720. Discontinuance of unfair activity or practice may be ordered.