Indicates Matter Stricken

Indicates New Matter

Amended

April 4, 2023

H. 3414

Introduced by Reps. Wooten, Pope, Yow, M. M. Smith, Burns and Forrest

S. Printed 04/04/23--H.                                                                           [SEC 4/5/2023 1:12 PM]

Read the first time January 10, 2023

________

A bill

to amend the South Carolina Code of Laws by amending Section 56-5-4445, relating to THE RESTRICTIONs On ELEVATING OR LOWERING MOTOR VEHICLEs, so as TO PROHIBIT MOTOR VEHICLE MODIFICATIONS THAT RESULT in the MOTOR VEHICLES' FRONT FENDERs BEING RAISED FOUR OR MORE INCHES ABOVE or below THE HEIGHT OF THE REAR FENDERs, to provide the formula for measuring the height of the fenders, and to provide penalties.

    Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.  Section 56-5-4445 of the S.C. Code is amended to read:

    Section 56-5-4445. (A) It shall be unlawful for any person to drive a passenger motor vehicle on the highways of this State which has been elevated or lowered either in front or back, yet still leveled more than six inches by a modification, alteration or change in the physical structure of the vehicle. Any person violating the provisions of this section shall be deemed is guilty of a misdemeanor and, upon conviction, shall be fined not less than twenty-five dollars nor more than fifty dollars. Provided, however, the provisions in this subsection shall not do not apply to motor vehicles commonly called referred to as "pickup trucks".

    (B)(1)  It shall be unlawful for any person to drive a passenger motor vehicle, including motor vehicles commonly referred to as pickup trucks, on the highways of this State if, by alteration of the suspension, frame, or chassis, the height of the front fender is raised or lowered four or more inches above or below the height of the rear fender. For the purposes of this subsection, the height of the fender shall be a vertical measurement from and perpendicular to the ground, through the centerline of the wheel, and to the bottom of the fender. As contained in this item, "fender" means the pressed and formed part mounted over the road wheels of a motor vehicle to reduce the splashing of mud, water, or similar substances.

       (2) A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction:

           (a) for a first offense, shall be fined one hundred dollars;

           (b) for a second offense, shall be fined two hundred dollars; or

           (c) for a third offense, shall be fined three hundred dollars and have his license suspended by the Department of Motor Vehicles for twelve months from the date of conviction.

    (3) Only offenses which occurred within five years of each other, including and immediately preceding the date of the last offense, shall constitute prior offenses within the meaning of this section.

SECTION 2.  This act takes effect one hundred eighty days after approval by the Governor. For a period of one hundred eighty days after the effective date of this act, only warning tickets may be issued for a violation of the provisions of this act.

----XX----