(A) Every dealer or wholesaler shall keep complete records of each transaction under which a motorcycle is transferred for a period of not less than four years from the date of the transaction. The records must show the true name and correct address of the person or persons from whom the motorcycle was acquired and the date of the transaction; a correct description of the motorcycle, when transferred; the true name and correct address of the person to whom the motorcycle was transferred; and the date of the transaction. The description of the motorcycle must include the motorcycle identification number, make, model, type of body, and the odometer readings at the time the motorcycle was transferred to and from the dealer or wholesaler. These records must be open at all reasonable times for inspection and copying by the Department of Motor Vehicles or any of its duly authorized agents.
(B) The records kept by the dealer or wholesaler must be maintained in a reasonably organized and orderly fashion with all entries being legible to the ordinary person upon inspection. Any records which are illegible or incapable of accurate interpretation by either the recordkeeper or the department's inspector or agent are not in compliance with this section.
(C) If any dealer or wholesaler fails to keep the required records or fails to make them available to the department or its duly authorized agents immediately upon a reasonable request, the dealer or wholesaler is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars or imprisoned for up to thirty days. The failure to keep or to make available to the department or its duly authorized agents complete records on each separate motorcycle constitutes a separate offense.
HISTORY: 1984 Act No. 511, Section 1; 1996 Act No. 459, Section 230.
Structure South Carolina Code of Laws
Chapter 16 - Regulation Of Motorcycle Manufacturers, Distributors, Dealers, And Wholesalers
Section 56-16-10. Definitions.
Section 56-16-20. Manufacturer's specification of dealer's delivery and preparation obligations.
Section 56-16-30. Obligation to fulfill warranty agreement.
Section 56-16-80. Persons to whom chapter applies; jurisdiction of courts.
Section 56-16-90. Unfair competition and unfair or deceptive acts or practices.
Section 56-16-110. Manufacturer's specification of dealer's delivery and preparation obligations.
Section 56-16-120. Imposition of restrictions on motorcycle dealer or franchisee.
Section 56-16-170. Records of transfers; organization and legibility; penalties.
Section 56-16-180. Denial, suspension, or revocation of license.
Section 56-16-200. Civil actions; damages; effect of judgments as prima facie evidence.
Section 56-16-210. Contracts violating provisions of this chapter.