2009-12
ROSALYN W. FRIERSON
|
1015 SUMTER STREET, SUITE 200 |
MEMORANDUM
| TO: | Magistrates and Municipal Judges |
| FROM: | Robert L. McCurdy, Assistant Director |
| RE: | Transmittal of Uniform Traffic Tickets |
| DATE: | December 15, 2009 |
We have been asked by the South Carolina Department of Motor Vehicles (DMV) to remind the summary courts of the time guidelines statutorily required in transmitting disposed Uniform Traffic Tickets. 56-7-30(A) requires that law enforcement forward to DMV within 10 days of conviction the record (yellow) and audit (pink) copies of traffic tickets. However, in cases where a driver's license is suspended upon a traffic conviction in the summary courts, 56-1-365(B) requires that the court forward those copies of the ticket, along with the convicted defendant’s driver’s license, to DMV within five days of conviction. Failure to comply with this time guideline subjects the clerk or magistrate to a fine of $500.
Pursuant to the Commercial Motor Vehicle Safety Act of 1986, the Federal Motor Carrier Safety Administration (FMCSA) requires that all CMV/CDL convictions be sent to the DMV to be processed within 10 days. That 10 day time limit includes DMV's receipt of the ticket, as well as the posting of the ticket against the defendant’s driver’s license. FMCSA has expressed concerns with South Carolina's compliance with the 10 day time limit. Failure to comply with the 10 day time limit could result in the loss of substantial federal funds to the State. Therefore, DMV is seeking your assistance in meeting the 10 day time limit.
Please allow this memorandum to serve as a reminder that your court is required to forward the driver's license, ticket, and other documentation to DMV (in the case of a driver's license suspension) within five days of conviction. To assist DMV with meeting their 10 day deadline, this Office encourages you to submit the pink and yellow copies of these traffic tickets immediately upon receipt. Again, your prompt transmittal will assist in this State's maintaining receipt of substantial federal funds.
Should you have questions concerning this matter, please do not hesitate to contact this Office