(A) A person is disqualified from driving a commercial motor vehicle for not less than one year if convicted of a first violation of:
(1) driving a motor vehicle under the influence of alcohol, a controlled substance, or a drug which impairs driving ability as prescribed by state law;
(2) driving a commercial motor vehicle while the alcohol concentration of the person's blood or breath or other bodily substance is four one-hundredths or more;
(3) leaving the scene of an accident involving a motor vehicle driven by the person;
(4) using a motor vehicle in the commission of a felony as defined in this article;
(5) refusal to submit to a test to determine the driver's alcohol concentration while driving a motor vehicle;
(6) driving a commercial motor vehicle when, as a result of prior violations committed while operating a commercial motor vehicle, the driver's commercial driver's license is revoked, suspended, or canceled, or the driver is disqualified from operating a commercial motor vehicle;
(7) causing a fatality through the negligent operation of a commercial motor vehicle, including, but not limited to, the crimes of motor vehicle manslaughter, homicide by a motor vehicle, and negligent homicide. If any of the above violations occur while transporting a hazardous material required to be placarded, the person is disqualified for not less than three years.
(B) A person is disqualified for life if convicted of two or more violations of any of the offenses specified in subsection (A) or a combination of those offenses, arising from two or more separate incidents.
(C) Only offenses committed after the effective date of this article may be considered in applying this subsection.
(D) The department may issue regulations establishing guidelines, including conditions, under which a disqualification for life under subsection (B) may be reduced to not less than ten years.
(E) A commercial driver's license holder is disqualified from driving a commercial motor vehicle for life who uses a commercial motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance or possession with intent to manufacture, distribute, or dispense a controlled substance.
(F) A person is disqualified from driving a commercial motor vehicle for not less than sixty days if convicted of two serious traffic violations or one hundred twenty days if convicted of three serious traffic violations committed in a motor vehicle arising from separate incidents occurring within a three-year period.
(G) A person is disqualified from driving a commercial motor vehicle if a report pursuant to Section 56-1-2220 has been received by the Department of Motor Vehicles that the person has received a verified positive drug test or positive alcohol confirmation test, or refused to take a drug or alcohol test. A disqualification under this subsection remains in effect until the person undergoes a drug and alcohol assessment by a substance abuse professional meeting the requirements of 49 C.F.R. 40, and the substance abuse professional certified in a manner approved by the Department of Alcohol and Other Drug Abuse Services that the person has successfully completed a drug or alcohol treatment or education program as recommended by the substance abuse professional. A person who is disqualified under this subsection more than three times in a five-year period is disqualified for life.
(H) After suspending, revoking, or canceling a commercial driver's license, the department shall update its records to reflect that action immediately. After suspending, revoking, or canceling a nonresident commercial driver's privilege, the department shall notify the licensing authority of the state which issued the commercial driver's license or commercial driver's instruction permit within ten days.
(I) For purposes of this section, serious traffic violations are those violations contained in Section 56-1-2030(22) and 49 C.F.R. 383.5 and 383.51.
HISTORY: 1989 Act No. 151, Section 2; 1993 Act No. 181, Section 1354; 1996 Act No. 459, Section 125; 2005 Act No. 42, Section 9, eff May 3, 2005; 2008 Act No. 232, Section 2, eff May 21, 2008.
Structure South Carolina Code of Laws
Section 56-1-30. Persons exempt from licensing requirements.
Section 56-1-35. Driver's license for members of the armed services and dependents.
Section 56-1-40. Persons who may not be licensed or have their license renewed; beginner's permit.
Section 56-1-70. Temporary driver's permit.
Section 56-1-80. Application for license or permit.
Section 56-1-87. REAL ID card issuance.
Section 56-1-90. Evidence required to obtain a driver's license or identification card.
Section 56-1-100. Application by unemancipated minor.
Section 56-1-120. Release from imputed liability by cancellation of permit or license.
Section 56-1-130. License examinations; basic and classified licenses.
Section 56-1-135. Designated driver for fire extinguishment, special endorsement; safety officers.
Section 56-1-140. Issuance of license; necessary fees, signature, and contents; veteran designation.
Section 56-1-146. Surrender of driver's license by person convicted of certain crimes.
Section 56-1-171. Suspension for failure to pay child support; route-restricted license.
Section 56-1-175. Issuance of conditional driver's license.
Section 56-1-180. Special restricted licenses for certain minors.
Section 56-1-185. Removal of restrictions postponed; suspension of license.
Section 56-1-190. License must be carried and exhibited on demand.
Section 56-1-200. Duplicate for lost or destroyed license; fee.
Section 56-1-205. Hearing impaired designations on driver's licenses.
Section 56-1-215. Renewal of expired license.
Section 56-1-218. Driver's license extensions.
Section 56-1-221. Medical Advisory Board.
Section 56-1-222. Driver's licenses issued to wearers of bioptic telescopic lenses.
Section 56-1-225. Reexamination of drivers involved in four accidents within twenty-four months.
Section 56-1-230. Notification of change of address or name.
Section 56-1-240. Cancellation and surrender of license.
Section 56-1-245. Conditions for waiver of license reinstatement fee.
Section 56-1-260. Effect of cancellation of license.
Section 56-1-270. Suspension, revocation, or restriction of license on re-examination.
Section 56-1-280. Mandatory suspension or revocation.
Section 56-1-285. Revocation or refusal to renew license for nonpayment of fees.
Section 56-1-288. Tax refund garnishment for failure to comply with financial responsibility.
Section 56-1-290. Revocation for operating unlicensed taxis in certain counties.
Section 56-1-292. Suspension for failure to pay for gasoline.
Section 56-1-300. Suspension or revocation of license without preliminary hearing.
Section 56-1-310. Suspension or revocation of nonresident's driving privilege.
Section 56-1-330. Courts shall report certain convictions.
Section 56-1-340. Reports of convictions and records may be sent to other states; fees.
Section 56-1-345. Fees charged for Freedom of Information Act request.
Section 56-1-360. Form and proof of notice.
Section 56-1-370. Review of cancellation, suspension, or revocation of license.
Section 56-1-380. Period of suspension or revocation; renewal or restoration of license.
Section 56-1-385. Reinstatement of permanently revoked driver's license.
Section 56-1-390. Fee for reinstatement of license; disposition of fee proceeds.
Section 56-1-395. Driver's license reinstatement fee payment program.
Section 56-1-396. Driver's license suspension amnesty period.
Section 56-1-430. Appeal from conviction making suspension or revocation mandatory as supersedeas.
Section 56-1-440. Penalties for driving without license; summary court jurisdiction.
Section 56-1-465. Notice of suspension required.
Section 56-1-478. Reciprocal agreements for collection of fines, fees, and other costs.
Section 56-1-480. Unlawful to permit unauthorized person to drive.
Section 56-1-490. Unlawful for parent or guardian to permit unauthorized minor to drive.
Section 56-1-500. Penalties for violations of article.
Section 56-1-510. Unlawful use of license; fraudulent application.
Section 56-1-540. Files, records, and indexes to be kept.
Section 56-1-550. Fee for expediting request for copy of document or record.
Section 56-1-610. Short title.
Section 56-1-620. Legislative findings and policy.
Section 56-1-630. Definitions.
Section 56-1-640. Reciprocity in reporting convictions; information to be reported.
Section 56-1-650. Effect of certain convictions on status of license in home state.
Section 56-1-670. Effect on other laws or agreements.
Section 56-1-680. Administration; exchange of information.
Section 56-1-690. Withdrawal from compact.
Section 56-1-710. "Conviction" defined.
Section 56-1-720. Point system established; schedule of points for violations.
Section 56-1-730. Warning tickets not assigned point value.
Section 56-1-747. What constitutes conviction for purposes of Section 56-1-746.
Section 56-1-750. Computation of points.
Section 56-1-760. Violations considered in suspension to be disregarded in subsequent suspension.
Section 56-1-770. Points reduced for completing defensive driving course.
Section 56-1-780. Reports of certain convictions to Department of Motor Vehicles.
Section 56-1-800. Certified copies of reports as evidence of convictions.
Section 56-1-810. Notice of suspension; surrender of license.
Section 56-1-820. Hearing on suspension.
Section 56-1-850. Other provisions for mandatory suspension, revocation, or cancellation unaffected.
Section 56-1-1010. Legislative declaration of policy.
Section 56-1-1020. "Habitual offender" and "conviction" defined.
Section 56-1-1105. Penalties for driving while license cancelled, suspended, or revoked.
Section 56-1-1110. Article does not affect existing laws.
Section 56-1-1130. Notification of potential offenders.
Section 56-1-1320. Provisional drivers' licenses.
Section 56-1-1330. Applicant required to complete alcohol traffic safety program.
Section 56-1-1360. Revocation of license for additional violations.
Section 56-1-1370. Second violations during specified suspended period.
Section 56-1-1380. Effect of convictions outside of State.
Section 56-1-1390. Appeals; notice of hearing.
Section 56-1-1720. Licensing requirement; minimum age; violations and penalties.
Section 56-1-1730. Eligibility, suspension, revocation, or cancellation of moped operator's license.
Section 56-1-1770. Application for moped operator's license.
Section 56-1-2005. Administration of South Carolina Commercial Driver's License program.
Section 56-1-2010. Short title.
Section 56-1-2020. Construction.
Section 56-1-2030. Definitions.
Section 56-1-2040. Commercial drivers to have one driver's license only; exception.
Section 56-1-2045. Qualifications to be student at truck driver training school.
Section 56-1-2060. Employer's responsibilities.
Section 56-1-2100. Commercial driver license; contents; classifications of vehicles.
Section 56-1-2110. Disqualification from driving commercial motor vehicle.
Section 56-1-2111. Circumstances barring issuance of license.
Section 56-1-2115. Commercial driver's license re-examination.
Section 56-1-2140. Report of conviction of nonresident licensee; required action.
Section 56-1-2150. Authorized drivers of commercial motor vehicles.
Section 56-1-2156. Failure of commercial motor vehicle drivers to comply with lane restrictions.
Section 56-1-2210. Definitions
Section 56-1-2230. Failure to report and employing disqualified employee; fines.
Section 56-1-3360. Misuse of card prohibited.
Section 56-1-3380. Information submitted in application for card confidential; exceptions.
Section 56-1-3400. False or fictitious information or fraud a violation.