In any criminal prosecution under any of the provisions of this chapter a defendant who relies for his justification upon a license of any kind shall have the burden of proving that he is properly licensed or is the possessor of a proper license, as the case may be, and the fact of nonissuance of such license may be evidenced by a certificate signed by the official having power of issuance, or his deputy, under seal of office, stating that he has made diligent search in the records of his office and that from the records it appears that no such license was issued up to the date of the making of such certificate.
HISTORY: 1962 Code Section 2-59; 1952 Code Section 2-59; 1942 Code Section 7112-3; 1935 (39) 447; 1993 Act No. 181, Section 1289, eff July 1, 1993; 2012 Act No. 270, Section 3, eff June 18, 2012.
Effect of Amendment
The 1993 amendment substituted "division" for "Commission".
The 2012 amendment rewrote the section.
RESEARCH REFERENCES
Encyclopedias
2 S.C. Jur. Aviation and Airports Section 9, Registration of Aircraft.
2 S.C. Jur. Aviation and Airports Section 12, Operation of Aircraft.
Structure South Carolina Code of Laws
Chapter 5 - State Aeronautical Regulatory Act
Section 55-5-20. Reserved by 2012 Act No. 270, Section 3, eff June 18, 2012.
Section 55-5-30. Repealed by Act No. 181, Sections 1289 and 1617(A), eff July 1, 1993.
Section 55-5-40. Repealed by Act No. 181, Sections 1289 and 1617(A), eff July 1, 1993.
Section 55-5-50. Executive director of aeronautics and other employees.
Section 55-5-60. Reserved by 2012 Act No. 270, Section 3, eff June 18, 2012.
Section 55-5-71. Written approval by division of restricted use airport; considerations.
Section 55-5-73. Approved and filed plan required for obtaining airport construction funding.
Section 55-5-75. Omitted by 2012 Act No. 270, Section 3, eff June 18, 2012.
Section 55-5-80. Responsibility and authority of the division.
Section 55-5-85. Repealed by implication, by 1978 Act No. 635, Section 1.
Section 55-5-86. Reserved by 2012 Act No. 270, Section 3, eff June 18, 2012.
Section 55-5-87. Reserved by 2012 Act No. 270, Section 3, eff June 18, 2012.
Section 55-5-88. Reserved by 2012 Act No. 270, Section 3, eff June 18, 2012.
Section 55-5-90. Reserved by 2012 Act No. 270, Section 3, eff June 18, 2012.
Section 55-5-100. Reserved by 2012 Act No. 270, Section 3, eff June 18, 2012.
Section 55-5-110. Burden of proof in criminal prosecution of proper license.
Section 55-5-120. Reserved by 2012 Act No. 270, Section 3, eff June 18, 2012.
Section 55-5-130. Reserved by 2012 Act No. 270, Section 3, eff June 18, 2012.
Section 55-5-140. Reserved by 2012 Act No. 270, Section 3, eff June 18, 2012.
Section 55-5-170. Reserved by 2012 Act No. 270, Section 3, eff June 18, 2012.
Section 55-5-180. Public inspection of rules and regulations; annual reports.
Section 55-5-190. Enforcement of chapter; public departments to cooperate.
Section 55-5-200. Reserved by 2012 Act No. 270, Section 3, eff June 18, 2012.
Section 55-5-210. Reasons for certain orders to be stated.
Section 55-5-220. Service of orders.
Section 55-5-230. Appeal from orders.
Section 55-5-240. Procedure on appeal.
Section 55-5-250. Reserved by 2012 Act No. 270, Section 3, eff June 18, 2012.
Section 55-5-270. Application and exceptions.
Section 55-5-280. State Aviation Fund
Section 55-5-290. Reserved by 2012 Act No. 270, Section 3, eff June 18, 2012.