(A) An application for a driver's license or permit must:
(1) be made upon the form furnished by the department;
(2) be accompanied by the proper fee and acceptable proof of date and place of birth;
(3) contain the full name, date of birth, sex, race, and residence address of the applicant and briefly describe the applicant;
(4) state whether the applicant has been licensed as an operator or chauffeur and, if so, when and by what state or country;
(5) state whether a license or permit has been suspended or revoked or whether an application has been refused and, if so, the date of and reason for the suspension, revocation, or refusal;
(6) allow an applicant voluntarily to disclose a permanent medical condition, provided that the disclosure is made on a form prescribed by the department and includes a certification from a physician licensed in this State, as defined in Chapter 47, Title 40 that affirms the existence of the medical condition. The medical condition must be indicated by a symbol designated by the department on the driver's license and contained in the driver's record. The motor vehicle record of a driver may not contain more than three permanent medical conditions unless subitem (A)(8) applies;
(7) allow an applicant voluntarily to disclose that he is an organ and tissue donor, which must be indicated by a symbol designated by the department on the driver's license and contained in the driver's record;
(8) allow an applicant voluntarily to disclose that he is autistic, which must be indicated by a symbol designated by the department on the driver's license and contained in the driver's record. The applicant must provide documentation that he is autistic from a physician licensed in this State, as defined in Section 40-47-20(35); and
(9) include a statement that certain driver's license and driver's record information may be released, upon request, pursuant to subsection (B).
(B)(1) The information contained on a driver's license and in the driver's department records pertaining to a person's permanent medical condition, as provided for in item (A)(6) or item (A)(8), must be made available, upon request only to:
(a) law enforcement, emergency medical services, and hospital personnel;
(b) the medical advisory board pursuant to Section 56-1-221;
(c) permitted entities pursuant to the Driver Privacy Protection Act, 18 U.S.C.A. 2721; and
(d) the person to whom the records of the permanent medical condition applies.
(2) The information contained on a driver's license and in the driver's department records pertaining to a person's organ and tissue donor status, as provided for in item (A)(7), must be made available, upon request only to:
(a) law enforcement, emergency medical services, and hospital personnel; and
(b) the South Carolina Donor Referral Network, as provided for in Section 44-43-910.
(3) The information contained on a driver's license and in the driver's department records pertaining to a person's permanent medical condition, as provided for in item (A)(6) or item (A)(8), and pertaining to a person's organ and tissue donor status, as provided for in item (A)(7), may not be sold and is exempt from disclosure pursuant to Chapter 4, Title 30, the South Carolina Freedom of Information Act.
(C) Whenever an application is received from a person previously licensed or permitted in another state, the Department of Motor Vehicles may request a copy of the applicant's record from the other state. When received, the record becomes a part of the driver's record in this State with the same effect as though entered on the operator's record in this State in the original instance. Every person who obtains a driver's license or permit for the first time in South Carolina and every person who renews his driver's license or permit in South Carolina must be furnished a written request form for completion and verification of liability insurance coverage.
The completed and verified form or an affidavit prepared by the department showing that neither he, nor a resident relative, owns a motor vehicle subject to the provisions of this chapter, must be delivered to the department at the time the license or permit is issued or renewed.
HISTORY: 1962 Code Section 46-158; 1952 Code Sections 46-157, 46-159; 1942 Code Sections 5984, 5987, 6002; 1932 Code Sections 5984, 5987, 6002; 1930 (36) 1057; 1959 (51) 421; 1974 (58) 1973; 1989 Act No. 148, Section 28; 1993 Act No. 181, Section 1298; 1994 Act No. 497, Part II, Section 121F; 1996 Act No. 459, Section 70; 2000 Act No. 225, Section 1; 2007 Act No. 92, Section 3, eff June 14, 2007; 2010 Act No. 277, Section 3, eff July 1, 2011; 2017 Act No. 19 (S.344), Section 1, eff May 9, 2017; 2022 Act No. 217 (H.3037), Section 1, eff July 1, 2022.
Editor's Note
2010 Act No. 277, Section 5, provides:
"The requirements of Section 56-1-80 of the 1976 Code, as amended by Section 3 of this act, must be met upon the renewal of an existing driver's license or special identification card of a person convicted of a crime of violence as defined in Section 16-23-10(3) in this State on or after July 1, 2011."
2010 Act No. 277, Section 7, provides:
"This act takes effect July 1, 2011, and applies to all persons convicted of a crime of violence as defined in Section 16-23-10(3)."
2022 Act No. 217, Section 3, provides as follows:
"SECTION 3. (A) SECTION 1 takes effect July 1, 2022.
"(B) SECTION 2 takes effect one year after the approval by the Governor."
Effect of Amendment
2017 Act No. 19, Section 1, in (A), added (8), relating to autism designations placed on a driver's license, and made other nonsubstantive changes.
2022 Act No. 217, Section 1, in (A), rewrote (6), made nonsubstantive changes in (7) and (8), and added (9); and rewrote (B).
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.