§ 56-3-355 — Suspension or revocation of commercial vehicle registration card and license plate; reinstatement; fees.

(A) The Department of Motor Vehicles must suspend, revoke, or not issue a registration card and license plate to a person for a commercial motor vehicle greater than twenty-six thousand pounds which operates with an apportioned license plate if the commercial motor carrier who is responsible for the safety of the vehicle has been prohibited from operating by a federal agency or if it is determined that the registrant has: (1) made a material misrepresentation or false statement on the application or fails to disclose material information required pursuant to Section 56-3-240 or the International Registration Plan, if applicable; (2) used or permitted the use of plates contrary to law; (3) been found guilty of fraud, fraudulent practices, or subterfuge for the real party in interest who has been issued a federal out-of-service order; (4) operated or owned a business managed, or otherwise controlled or affiliated, with a person who is ineligible for registration, including the registrant entity, a relative, family member, corporate officer, or shareholder; or (5) failed to comply with any of the regulations of the department for the enforcement of this article. (B) The registrant promptly must surrender to the department any item suspended or revoked under this section. If the registrant unlawfully refuses to surrender the suspended or revoked items as required under this section, the department, through its designated agents or by request to a county or municipal law enforcement agency, shall take possession of the suspended or revoked license plate and registration card. A registration card or license plate may not be reissued for that vehicle until the motor carrier has been allowed to operate by a federal agency or the vehicle is properly transferred to a motor carrier that is not prohibited from operating by a federal agency. Before a suspended vehicle registration card can be reinstated, the department shall receive a signed copy of any inspection report for each suspended registration card and a fee of fifty dollars for each registration card suspension which must be paid to the department. The fifty dollar fee must be placed in the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167 by the Comptroller General.

Legislative History

HISTORY: 2002 Act No. 301, SECTION 2; 2016 Act No. 275 (S.1258), SECTION 29, eff July 1, 2016; 2021 Act No. 37 (H.3689), SECTION 11.A, eff July 1, 2021. Editor's Note 2021 Act No. 37, SECTION 11.B, provides as follows: "[SECTION 11.]B. This SECTION takes effect at the start of the fiscal year immediately following approval by the Governor." Effect of Amendment 2021 Act No. 37, SECTION 11.A, rewrote the section.