The Department of Motor Vehicles shall upon request consent to the immediate cancellation of any bond or certificate of insurance, or shall return to the person entitled thereto any money or securities deposited pursuant to this chapter as proof of financial responsibility, or the Department shall waive the requirement of filing proof, in any of the following events:
(1) At any time after three years from the date the proof was required when, during the three year period preceding the request, the Department has not received record of a conviction or a forfeiture of bail which would require or permit the suspension or revocation of the license, registration, or nonresident's operating or registration privilege of the person by or for whom the proof was furnished;
(2) In the event of the death of the person on whose behalf the proof was filed or the permanent incapacity of the person to operate a motor vehicle; or
(3) In the event the person who has given proof surrenders his license and registration to the Department;
Provided, however, the Department shall not consent to the cancellation of any bond or the return of any money or securities in the event any action for damages upon a liability covered by the proof is then pending or any judgment upon this liability is then unsatisfied or in the event the person who has filed the bond or deposited the money or securities has, within one year immediately preceding the request, been involved as an operator or owner in any motor vehicle accident resulting in injury or damage to the person or property of others. An affidavit of the applicant as to the nonexistence of these facts or that he has been released from all of his liability or has been finally adjudicated not to be liable for the injury or damage shall be sufficient evidence thereof in the absence of evidence to the contrary in the records of the Department.
HISTORY: 1962 Code Section 46-750.5; 1952 (47) 1853; 1959 (51) 567; 1978 Act No. 467 Section 2.
Structure South Carolina Code of Laws
Chapter 9 - Motor Vehicle Financial Responsibility Act
Section 56-9-30. Chapter inapplicable to certain motor vehicles.
Section 56-9-40. Rights of conditional vendors, chattel mortgagees, or lessors not affected.
Section 56-9-50. Sale of vehicle when registration suspended not affected.
Section 56-9-60. Self-insurers for motor vehicles; determination of financial responsibility.
Section 56-9-80. General penalties for violations of chapter.
Section 56-9-90. Chapter as no bar to other remedies.
Section 56-9-100. Chapter is supplemental and cumulative.
Section 56-9-120. Construction.
Section 56-9-340. Surrender of license and registration; failure to surrender.
Section 56-9-353. Type and terms of policy or bond.
Section 56-9-358. Limit on security required; deposit.
Section 56-9-359. Reduction of amount of security.
Section 56-9-410. Courts shall report nonpayment of judgments to Department of Motor Vehicles.
Section 56-9-420. Report to home state of nonpayment of judgment against nonresident.
Section 56-9-460. Permitting driver subject to suspension to operate vehicle of employer.
Section 56-9-480. Satisfaction of judgments; payments sufficient to satisfy requirements.
Section 56-9-490. Installment payment of judgment; effect of default.
Section 56-9-540. Methods of proving financial responsibility.
Section 56-9-550. Certificate or notice of insurance as proof; contents, terms, and cancellation.
Section 56-9-590. Owner may give proof for employee or member of household; restrictions on license.
Section 56-9-600. Substitution of other adequate proof.
Section 56-9-610. Other proof may be required; suspension pending filing of proof.
Section 56-9-620. Cancellation or return of proof; waiver of requirements of filing proof.
Section 56-9-630. Re-establishment of cancelled or returned proof.