1015 SUMTER STREET,
TO: Clerks of Court
FROM: Adriane L. Radeker, Court Services Representative
RE: Drivers License Transmissions to SCDMC and Federal Guidelines
DATE: December 17, 2009
CC: Circuit Court Judges
As you are aware, pursuant to Section 56-7-20(A), law enforcement officials are required to forward to the SCDMV within 10 days of conviction the record (yellow ticket) and audit (pink ticket) copies of traffic tickets; however, in cases where the driver’s license is suspended upon a traffic conviction in the General Sessions court, Section 56-1-365(B) requires that the clerk of court forward those copies of the ticket, along with the convicted defendant’s driver’s license, to the SCDMV within 5 days of conviction. Failure to comply with this time guideline subjects the clerk of court to a fine of $500.00.
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 SCDMV to be processed within ten days. The above 10 day limit includes the SCDMV’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 this 10 day limit could result in the loss of substantial federal funds to the State, and the SCDMV is seeking your assistance in meeting the 10 day time limit.
Please allow this memorandum to serve as a reminder that your office is required to forward the driver’s license, traffic ticket and other documentation to the SCDMV (in the case of a driver’s license suspension) within 5 days of conviction. To assist the SCDMV with meeting their 10-day-deadline, we encourage you to submit the pink and yellow copies of these traffic tickets, indictments, and sentence sheets to the SCDMV upon immediate receipt of these items. Again, your prompt transmittal will assist in South Carolina maintaining receipt of substantial federal funds.
Please note that a hyperlink to this memorandum will be added to Clerk of Court manual for future reference. Should you have any questions or concerns, please feel free to contact me.