Article 1 In Cities of Over 15,000 Generally
Article 3 In Counties Over 150,000

Terms Used In South Carolina Code > Title 40 > Chapter 49

  • abandoned: means any watercraft that has been moored, stranded, wrecked, sinking, or sunk, and has been left unattended for longer than forty-five days. See South Carolina Code 50-21-10
  • Authority: means a regional transportation authority created pursuant to this chapter and the authorities so created are exempt from the provisions of Article 11 of Chapter 11 of Title 6. See South Carolina Code 50-5-760
  • Auxiliary power unit: means a mechanical or electrical device affixed to a vehicle that is designed to be used to generate an alternative source of power for any of the vehicle's systems other than the primary propulsion engine. See South Carolina Code 50-3-950
  • Avoided costs: means payments for purchases of electricity made according to an electrical utility's most recently approved or established avoided cost rates in this State or rates negotiated pursuant to PURPA, in the year the costs are incurred, for purchases of electricity from qualifying facilities pursuant to Section 210 of the Public Utility Regulatory Policies Act, said costs to be calculated as set forth in Section 58-39-140(A)(1). See South Carolina Code 50-5-1102
  • Bang stick: means a device containing a charge mounted on a spear, pole, or other contrivance which is activated in order to stun or kill fish or other marine resource. See South Carolina Code 50-5-15
  • Board: means the South Carolina Board of Natural Resources. See South Carolina Code 50-5-15
  • Boat: means a vessel. See South Carolina Code 50-21-10
  • Bushel: means one U. See South Carolina Code 50-5-15
  • Business with which he is associated: means a business of which the person or a member of his immediate family is a director, an officer, owner, employee, a compensated agent, or holder of stock. See South Carolina Code 50-5-535
  • Cast net: means nonbaited circular webbing having a weighted peripheral line which is thrown by hand and retrieved by a central line connected to radiating tuck lines attached to the peripheral line. See South Carolina Code 50-5-15
  • Channel net: means any conical-shaped, fixed, or stationary net used for taking shrimp which:

    (a) is attached to poles, stakes, anchors, buoys, or other fixed objects; and

    (b) has a mesh size of less than two and one-half inches when the mesh is stretched; and is also known as a set net. See South Carolina Code 50-5-15
  • Charter fishing vessel: means a vessel used to transport recreational saltwater fishermen for hire and includes charter, party, and head boats. See South Carolina Code 50-5-15
  • Chop shop: means any building, lot, or other premises where one or more persons are or have been knowingly engaged in altering, destroying, disassembling, dismantling, reassembling, or knowingly storing any motor vehicle, or motor vehicle part known to be illegally obtained by theft, fraud, or conspiracy to defraud, in order either to:

    (a) alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate, or remove the identity, including the vehicle identification number of the motor vehicle or motor vehicle part, in order to misrepresent the identity of the motor vehicle or motor vehicle part, or to prevent the identification of the motor vehicle or motor vehicle part, or

    (b) sell or dispose of the motor vehicle or motor vehicle part. See South Carolina Code 50-3-720
  • Commercial diesel vehicle: means a self-propelled diesel motor vehicle licensed for use on a public roadway to transport passengers or property when the vehicle has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight of ten thousand and one pounds or more, whichever is greater. See South Carolina Code 50-3-950
  • Commercial equipment: means :

    (a) any trawl, haul seine, gill net, channel net, bull rake, seed fork, grabs, escalator, or dredge; and

    (b) any net, seine, trap, pot, tongs, rake, fork, trotline, or other device or appliance when used for taking or attempting to take fish for a commercial purpose. See South Carolina Code 50-5-15
  • Commercial purpose: means :

    (a) being engaged in buying or selling fish;

    (b) taking or attempting to take fish in order to derive income or other consideration;

    (c) using commercial equipment; and

    (d) otherwise being engaged in the fisheries industry with the intent to derive income. See South Carolina Code 50-5-15
  • Commission: means the Public Service Commission. See South Carolina Code 50-5-535
  • Commission: means the group of individuals charged by law with the responsibility of licensing or otherwise regulating an occupation or profession within the State. See South Carolina Code 40-1-20
  • Consumer: means the purchaser or lessor, other than for purposes of resale, of a motor vehicle normally used for personal, family, or household purposes and subject to the manufacturer's express warranty, and any other person entitled by the warranty to enforce the obligations of the warranty. See South Carolina Code 50-3-396
  • Contributor: means a person who makes or is obligated to make advance payments in accordance with a prepaid tuition contract. See South Carolina Code 59-4-20
  • convicted: means adjudication at trial or civil hearing and includes the entry of a plea of guilty, or nolo contendere, or the forfeiture of bail or collateral deposited to secure a defendant's appearance in court. See South Carolina Code 50-5-15
  • County: means any county of this State, all or any part of which may be included in an "urbanized area" as defined by the United States Bureau of the Census and as further defined in this chapter. See South Carolina Code 50-5-760
  • Culch: means oyster shell or other substrate which is purposely placed for propagation of oysters through the attachment of oyster larvae. See South Carolina Code 50-5-15
  • Damage: means a loss or damage to a rented vehicle or rental vehicle including the loss of use and costs and expenses incident to the damage, loss, and loss of use. See South Carolina Code 50-3-780
  • Demand-side activity: means a program conducted or proposed by a producer, supplier, or distributor of energy for the reduction or more efficient use of energy requirements of the producer's, supplier's, or distributor's customers, including, but not limited to, conservation and energy efficiency, load management, cogeneration, and renewable energy technologies. See South Carolina Code 50-5-1000
  • Department: means the South Carolina Department of Natural Resources unless otherwise stated. See South Carolina Code 50-5-15
  • Department: means the Department of Transportation. See South Carolina Code 50-5-345
  • Designated beneficiary: means the individual who is designated as the beneficiary of amounts paid or to be paid to the South Carolina Tuition Prepayment Program or, in the case of a change in beneficiaries as permitted under this chapter, the individual who is the new beneficiary. See South Carolina Code 59-4-20
  • Director: means the head of the South Carolina Tuition Prepayment Program. See South Carolina Code 59-4-20
  • Distributor: means any person who sells or distributes new motorcycles to motorcycle dealers or who maintains distributor representatives within the State. See South Carolina Code 49-19-2130
  • Distributor branch: means a branch office maintained by a distributor who sells or distributes new or used motorcycles to motorcycle dealers. See South Carolina Code 49-19-2130
  • Distributor representative: means a representative employed by a distributor branch or distributor. See South Carolina Code 49-19-2130
  • Dredge: means equipment used for harvesting bottom dwelling aquatic life which is not a trawl and is powered by mechanical means, and is designed to contact the bottom when in operation. See South Carolina Code 50-5-15
  • Drop net: means a net mounted to a rigid frame with its diameter or diagonal width being eight feet or less and designed to be fished vertically by hand. See South Carolina Code 50-5-15
  • Elver: means all American eels (Anguilla rostrata) less than or equal to six inches in total length. See South Carolina Code 50-5-15
  • Factory branch: means a branch office maintained by a manufacturer which manufactures or assembles motorcycles for sale to distributors or motorcycle dealers or which is maintained for directing and supervising the representatives of the manufacturer. See South Carolina Code 49-19-2130
  • Factory representative: means a representative employed by a manufacturer or by a factory branch for the purpose of making or promoting the sale of motorcycles or for supervising, servicing, instructing, or contracting with motorcycle dealers or prospective motorcycle dealers. See South Carolina Code 49-19-2130
  • Federal aid primary system: means that portion of connected main highways, as officially designated, or as may hereafter be so designated, by the Department of Transportation, and approved by the Secretary of Commerce or other appropriate federal official, pursuant to the provisions of Title 23 of the United States Code. See South Carolina Code 50-5-345
  • Financial contribution: means the sum of actual cash plus the actual value of any materials or in-kind services supplied. See South Carolina Code 50-5-760
  • Fish: means finfish, shellfish including mollusks, crustaceans, horseshoe crabs, whelks (conchs), turtles, and terrapin or products thereof. See South Carolina Code 50-5-15
  • Fishing: means all activity and effort involved in taking or attempting to take fish. See South Carolina Code 50-5-15
  • Fork length: means the length of a fish laid flat and measured from the tip of the closed mouth (snout) to the center of the fork of the tail. See South Carolina Code 50-5-15
  • Franchise: means the written agreement or contract between any new motorcycle manufacturer, and any new motorcycle dealer which purports to fix the legal rights and liabilities of the parties to such agreement or contract, and pursuant to which the dealer purchases and resells the franchised product or leases or rents the dealership premises. See South Carolina Code 49-19-2130
  • Franchisee: means a motorcycle dealer to whom a franchise is offered or granted. See South Carolina Code 49-19-2130
  • Fraud: means , in addition to its normal legal connotation: a misrepresentation in any manner, whether intentionally false or due to gross negligence, of a material fact; a promise or representation not made honestly and in good faith; and an intentional failure to disclose a material fact. See South Carolina Code 49-19-2130
  • Fund: means the South Carolina Tuition Prepayment Program Fund. See South Carolina Code 59-4-20
  • Gig: means a device used to spear fish by hand; to take fish by hand by use of a prong, spear, or similar device and includes bow and arrow. See South Carolina Code 50-5-15
  • Gill net: means a net which is designed to hang vertically and capture fish by entanglement usually of the head, gill covers, or preopercles, and does not include gill net for taking shad unless specified. See South Carolina Code 50-5-15
  • Haul seine: means a net of twine no smaller than #9 with a stretched mesh size no smaller than two inches and no larger than two and seven-eighths inches, one end of which is anchored to the shore and the other end is moved through the water by a vessel to take fish by encircling the fish and then being mechanically drawn to the shore. See South Carolina Code 50-5-15
  • Herring: means all life stages of the river herrings being blueback herring (Alosa aestivalis) and alewife (Alosa pseudoharengus). See South Carolina Code 50-5-15
  • Inshore salt waters: means those salt waters of this State between the landward limit of the Atlantic Ocean connected by COLREG demarcation lines, and the freshwater/saltwater dividing line. See South Carolina Code 50-5-15
  • Integrated resource plan: means a plan which contains the demand and energy forecast for at least a fifteen-year period, contains the supplier's or producer's program for meeting the requirements shown in its forecast in an economic and reliable manner, including both demand-side and supply-side options, with a brief description and summary cost-benefit analysis, if available, of each option which was considered, including those not selected, sets forth the supplier's or producer's assumptions and conclusions with respect to the effect of the plan on the cost and reliability of energy service, and describes the external environmental and economic consequences of the plan to the extent practicable. See South Carolina Code 50-5-1000
  • junk: means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, junked, dismantled, or wrecked automobiles, trucks and other motor vehicles, or parts of them, iron, steel, and other old or scrap ferrous or nonferrous material. See South Carolina Code 50-5-345
  • junkyard: shall mean an establishment which is maintained or used for storing, buying, or selling junk, or an automobile graveyard, and the term shall include garbage dumps, sanitary fills and scrap processors. See South Carolina Code 50-5-345
  • lands: as used in this chapter shall be held to cover and include railroads and all property assessed for benefits. See South Carolina Code 49-19-40
  • Live rock: means living saltwater organisms or an assemblage of them attached to a hard substrate including dead coral or rock. See South Carolina Code 50-5-15
  • Manufacturer: means any person, resident, or nonresident who manufacturers or assembles new motorcycles, or imports for distribution through distributors of motor vehicles, including any person, partnership, or corporation which acts for and is under the control of a manufacturer or assembler in connection with the distribution of motorcycles and includes distributor and factory branch. See South Carolina Code 49-19-2130
  • Manufacturer: means any person, resident, or nonresident, who manufactures or assembles or imports or distributes new motor vehicles which are to be sold in the State. See South Carolina Code 50-3-396
  • Mariculture: means controlled cultivation in confinement of marine and estuarine organisms in salt waters. See South Carolina Code 50-5-15
  • Marine resource: means any live, fresh, processed, or frozen whole, part, or portion of any marine organism, anadromous fish, or catadromous fish, to include shell deposits occurring upon or within state-owned bottoms and those lying above the mean high water mark if created by processes of natural accretion upon state-owned lands or bottoms. See South Carolina Code 50-5-15
  • Metropolitan government: means any county or combination of contiguous counties, municipality, or combination of contiguous municipalities, or combination of contiguous county or counties and municipality or municipalities, or a consolidated government with a combined population of over fifty thousand persons. See South Carolina Code 50-5-760
  • Mile: means one nautical mile, being six thousand seventy-six feet. See South Carolina Code 50-5-15
  • molluscan: means a member of the phylum Mollusca. See South Carolina Code 50-5-15
  • Motor vehicle: means :

    (a) a private passenger motor vehicle, as classified by Section 56-3-630, but excluding the living portion of recreational vehicles and off-road vehicles, which is sold and registered in this State; and

    (b) a motorcycle as defined in Section 56-1-10(8), including a motorcycle three-wheel vehicle as defined in Section 56-1-10(18), which is sold and registered in this State. See South Carolina Code 50-3-396
  • Motorcycle: means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than two wheels in contact with the ground. See South Carolina Code 49-19-2130
  • motorcycle dealer: means any person who sells or attempts to effect the sale of any motorcycle. See South Carolina Code 49-19-2130
  • Municipality: means any incorporated city or town within the regional transportation area. See South Carolina Code 50-5-760
  • new motor vehicle: means a motor vehicle which has been sold to a new motor vehicle dealer by a manufacturer and which has not been used for other than demonstration purposes and on which the original title has not been issued from the new motor vehicle dealer. See South Carolina Code 50-3-396
  • New motorcycle: means a motorcycle which has not been previously sold to any person except a distributor or wholesaler or motorcycle dealer for resale. See South Carolina Code 49-19-2130
  • Nonconformity: means a defect or condition that substantially impairs the use, value, or safety of a motor vehicle, but does not include a defect or condition that results from an accident, modification, or alteration of the motor vehicle by persons other than the manufacturer or its authorized service agent. See South Carolina Code 50-3-396
  • Operate: means to navigate, steer, drive, or be in control. See South Carolina Code 50-21-10
  • Operator: means any person engaged in, or intending to engage in, the business of providing public transportation, but does not include a person engaged primarily in the transportation of children to or from school or a person or agency furnishing transportation solely for his or its employees or customers. See South Carolina Code 50-5-760
  • Operator: means the person who operates or has charge or command of the navigation or use of a vessel or watercraft. See South Carolina Code 50-21-10
  • Owner: means a person, other than a lienholder, who claims lawful possession of a vessel or outboard motor by virtue of legal title or equitable interest in it which entitled him to possession. See South Carolina Code 50-21-10
  • owner: as used in this chapter shall mean the owner of the freehold estate, as appears by the deed record, and it shall not include reversioners, remaindermen, trustees or mortgagees, who shall not be counted and need not be notified by publication or served by process but shall be represented by the present owner of the freehold estate in any proceedings under this chapter. See South Carolina Code 49-19-30
  • Passenger bus: means a vehicle designed to carry sixteen or more passengers. See South Carolina Code 50-3-950
  • Peeler crab: means a hard crab of the blue crab species (Callinectes sapidus) which has a fully formed soft shell beneath the exterior hard shell and exhibits molt signs in the form of red, pink, or white lines just inside the exterior margin of the rear paddle (swimming) legs. See South Carolina Code 50-5-15
  • Person: means a natural person, corporation, partnership, trust, or other entity, and, in case of an entity, it includes any other entity in which it has a majority interest or effectively controls as well as the individual officers, directors, and other persons in active control of the activities of each such entity. See South Carolina Code 49-19-2130
  • Person: means an individual, corporation, partnership, association, or any other business entity. See South Carolina Code 56-27-10
  • Person: includes a natural person, company, corporation, unincorporated association, partnership, professional corporation, and any other legal entity. See South Carolina Code 50-3-720
  • Person: means any individual, public or private corporation, political subdivision, government agency, municipality, industry, copartnership, association, firm, trust, estate, or any other legal entity whatsoever. See South Carolina Code 50-5-760
  • Person: means an individual, a partnership, a firm, a corporation, an association, or other legal entity. See South Carolina Code 50-21-10
  • Program: means the South Carolina Tuition Prepayment Program. See South Carolina Code 59-4-20
  • Public fishing pier: means piers open to the public which charge a fee to fish. See South Carolina Code 50-5-15
  • Public transportation: means every conveyance of human passengers by bus, van, or any other surface vehicle as required for intrastate service which is provided to the general public or selected groups on a regular and continuing basis including charter service. See South Carolina Code 50-5-760
  • Public transportation system: means , without limitation, a combination of real and personal property, structures, improvements, buildings, equipment, plants, rolling stock, vehicle parking, or other facilities and rights-of-way, or any combination, used or useful for the purposes of public transportation. See South Carolina Code 50-5-760
  • Public utility: means public utility as defined in Section 58-5-10, telephone utility as defined in Section 58-9-10, government-owned telecommunications service provider as defined in Section 58-9-2610, radio common carrier as defined in Section 58-11-10, carriers governed in Chapter 13 of Title 58, railroads and railways as defined in Section 58-17-10, motor vehicle carrier as defined in Section 58-23-10, or electrical utility as defined in Section 58-27-10. See South Carolina Code 50-5-535
  • Recreational fishermen: means persons taking or attempting to take saltwater fish for recreation only, and not for commercial purposes. See South Carolina Code 50-5-15
  • Regulatory staff: means the executive director or the executive director and employees of the Office of Regulatory Staff. See South Carolina Code 50-5-535
  • Rental agreement: means a written agreement setting forth the terms and conditions governing the use of a private passenger automobile or rental vehicle provided by a rental company. See South Carolina Code 50-3-780
  • Rental company: means a person in the business of providing private passenger automobiles or rental vehicles to the public under the terms of a rental agreement. See South Carolina Code 50-3-780
  • Rental vehicle: means a truck under 26,001 pounds gross vehicle weight and used in the transportation of personal property that is rented without a driver, and is not used by the customer for business purposes, or a trailer with a gross weight of not more than 6,000 pounds. See South Carolina Code 50-3-780
  • Renter: means a person obtaining the use of a private passenger automobile or rental vehicle from a rental company under the terms of a rental agreement. See South Carolina Code 50-3-780
  • Review committee: means the State Regulation of Public Utilities Review Committee. See South Carolina Code 50-5-535
  • Sale: means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, mortgage in any form, whether by transfer in trust or otherwise, of any motorcycle or interest therein or of any franchise related thereto and any option, subscription, or other contract, or solicitation, looking to a sale, or offer or attempt to sell in any form, whether spoken or written. See South Carolina Code 49-19-2130
  • Saltwater gamefish: means a species of saltwater fish designated as a saltwater gamefish in this title. See South Carolina Code 50-5-15
  • Service area: means the area served by the regional transportation authority and may be all or part of the area of jurisdiction of an authority and in no event shall the service area contain less than fifty thousand population. See South Carolina Code 50-5-760
  • Shad: means American or white shad (Alosa sapidissima) and hickory or skip-jack shad (Alosa mediocris). See South Carolina Code 50-5-15
  • Shellfish: means oysters, clams, mussels, scallops, and all nonmotile molluscan fish having shells. See South Carolina Code 50-5-15
  • Shellfish mariculture: means the controlled cultivation of shellfish in confinement from seed size until harvest. See South Carolina Code 50-5-15
  • Shellfish seed: means any shellfish that does not exceed one inch in height or maximum dimension. See South Carolina Code 50-5-15
  • Shoreline: means the line of mean high water along that portion of a land mass which is in direct contact with the waters of the Atlantic Ocean. See South Carolina Code 50-5-15
  • Shrimp trawl: means a trawl with netting having a stretch mesh size of less than two and one-half inches. See South Carolina Code 50-5-15
  • Southern Cobia Management Zone: means all waters of this State south of 032? 31. See South Carolina Code 50-5-15
  • Sponge crab: means a female blue crab bearing visible eggs. See South Carolina Code 50-5-15
  • Striker: means a person, other than a licensed saltwater commercial fisherman, who under immediate supervision assists a licensed commercial saltwater fisherman, but does not use separate commercial equipment on a vessel which is engaged in commercial fishing. See South Carolina Code 50-5-15
  • Take: means to harass intentionally, hunt, capture, gather, harvest, remove, catch, wound, or kill or attempt to harass, hunt, capture, gather, harvest, remove, catch, wound, or kill. See South Carolina Code 50-5-15
  • Territorial sea: means that portion of the Atlantic Ocean under the jurisdiction of the State of South Carolina. See South Carolina Code 50-5-15
  • to land: means to take and retain possession while afloat or to take and bring ashore. See South Carolina Code 50-5-15
  • Total length: means the length of a fish laid flat and measured from the closed mouth (snout) to the tip of the tail fin when pinched together. See South Carolina Code 50-5-15
  • Trap: is a n enclosed device used for taking fish, constructed to facilitate entry but prohibit or restrict exit of fish and is also called "pot". See South Carolina Code 50-5-15
  • Trawl: means a net, other than a haul seine, towed behind a boat. See South Carolina Code 50-5-15
  • Trawler: means a vessel rigged for towing a trawl. See South Carolina Code 50-5-15
  • Trawling: means fishing with a trawl or having part of a trawl door in the water. See South Carolina Code 50-5-15
  • Treasurer: means the South Carolina State Treasurer. See South Carolina Code 59-4-20
  • Trotline: means a single line or wire having numerous hooks or baits and is also called long line. See South Carolina Code 50-5-15
  • Tuition Prepayment Contract: means the contract entered into by the Director of the South Carolina Tuition Prepayment Program or his designee on behalf of the program and a contributor pursuant to this chapter for the advance payment by the contributor of undergraduate tuition at a fixed, guaranteed level for a designated beneficiary to attend a public educational institution of higher learning in the State or another educational institution of higher learning as may be provided in this chapter to which the designated beneficiary is admitted. See South Carolina Code 59-4-20
  • Unidentifiable: means that the uniqueness of a motor vehicle or motor vehicle part cannot be established by either expert law enforcement investigative personnel specially trained and experienced in motor vehicle theft investigative procedures and motor vehicle identification examination techniques, or by expert employees of not-for-profit motor vehicle theft prevention agencies specially trained and experienced in motor vehicle theft investigation procedures and motor vehicle identification examination techniques. See South Carolina Code 50-3-720
  • Use: means operate, navigate, or employ. See South Carolina Code 50-21-10
  • Vehicle: includes every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, which is self-propelled or which may be connected to and towed by a self-propelled device, and also includes any and all other land-based devices which are self-propelled but which are not designed for use upon a highway including, but not limited to, farm machinery and construction equipment. See South Carolina Code 50-3-720
  • vehicle: means a private passenger motor vehicle including passenger vans and minivans that are intended primarily for the transport of persons. See South Carolina Code 50-3-780
  • Vehicle: means a commercial diesel vehicle. See South Carolina Code 50-3-950
  • Vehicle identification number: means a number, a letter, a character, a datum, a derivative, or a combination thereof, used by the manufacturer or the Department of Motor Vehicles for the purpose of uniquely identifying a motor vehicle or motor vehicle part. See South Carolina Code 50-3-720
  • Vessel: means every description of watercraft, other than a seaplane regulated by the federal government, used or capable of being used as a means of transportation on water. See South Carolina Code 50-21-10
  • warranty: means the written warranty, so labeled, of the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under that warranty. See South Carolina Code 50-3-396
  • Watercraft: means any thing used or capable of being used as a means of transportation on the water but does not include: a seaplane regulated by the federal government, water skis, aquaplanes, surfboards, windsurfers, tubes, rafts, and similar devices or any thing that does not meet construction or operational requirements of the state or federal government for watercraft. See South Carolina Code 50-21-10
  • Waters of the State: means waters within the territorial limits of the State but not private lakes or ponds. See South Carolina Code 50-21-10