South Carolina § 56-10-510 - Reserved.

§ 56-10-510. Reserved.

HISTORY: Former Section, titled Registration of uninsured motor vehicle; fee; use of fee; certificate of insurance; penalties for failure to submit certificate of insurance, had the following history: 1997 Act No. 154, SECTION 2; 2008 Act No. 279, SECTION 10, eff October 1, 2008. Reserved by 2023 Act No. 51, SECTION 5, eff July 1, 2024.

SECTION 56-10-520. Operating or allowing operation of uninsured motor vehicle; misdemeanor violation; record of conviction for violations of this section; suspension of license; reinstatement fee

(A)(1) It is unlawful for a person who owns an uninsured motor vehicle licensed in this State or subject to registration in this State to operate or allow the operation of the uninsured motor vehicle in this State.

(2) It is unlawful for a person who is not the owner of an uninsured motor vehicle to operate the uninsured motor vehicle in this State if the person operating the motor vehicle knows that the motor vehicle is uninsured.

(3) A person who violates subsection (A)(1) or (2) is guilty of a misdemeanor and, upon conviction:

(a) for a first offense, must be fined not less than one hundred dollars and not more than two hundred dollars or imprisoned for thirty days;

(b) for a second offense, must be fined two hundred dollars or imprisoned for thirty days, or both; or

(c) for a third or subsequent offense, must be imprisoned for not less than forty-five days nor more than six months.

(4) Only convictions pursuant to this section which occurred within five years, including and immediately preceding the date of the last conviction, constitute prior convictions within the meaning of this section.

(B) The Department of Motor Vehicles shall suspend the driver's license and all registration certificates and license plates of any owner of an uninsured motor vehicle upon receiving notice of a violation of this section, and the department shall not thereafter reissue the driver's license and the registration certificates and license plates issued in the name of the person until the person pays the reinstatement fee as provided in this section.

(C) The department shall suspend the driver's license of any person who is the operator but not the owner of a motor vehicle upon receiving notice of a violation of any provisions of this section, and he shall not thereafter reissue the driver's license until thirty days from the date of the order of suspension.

(D) The reinstatement fee shall be six hundred dollars until adjusted in accordance with this section. The reinstatement fee may be adjusted annually, at the beginning of the calendar year, based upon and in relation to the average rate level for private passenger automobile insurance coverages by insurers in this State. The Department of Insurance, by annual order, will set the exact fee. The Department of Insurance shall annually notify the Department of Motor Vehicles by the first business day of October of the reinstatement fee for the upcoming calendar year.

HISTORY: 1997 Act No. 154, SECTION 2; 2002 Act No. 324, SECTION 4; 2023 Act No. 51 (S.549), SECTION 5, eff July 1, 2024.

Code Commissioner's Note

At the direction of the Code Commissioner, in (A)(2), "uninsured" was substituted for "unisured" to correct a scrivener's error.

Editor's Note

2023 Act No. 51, SECTION 40(B), provides as follows:

"[SECTION 40.](B) SECTION 5 takes effect on the first day of the fiscal year following twelve months after approval by the Governor."

Effect of Amendment

2023 Act No. 51, SECTION 5, rewrote the section.