S*0111(Rat #0281, Act #0240 of 2008)  General Bill, By Leventis, Knotts and 
Scott
 AN ACT TO AMEND SECTION 56-5-970, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO TRAFFIC-CONTROL SIGNALS, SO AS TO PROVIDE THE CIRCUMSTANCES IN
 WHICH A DRIVER OF A MOTORCYCLE OR MOPED, OR A BICYCLE RIDER MAY PROCEED
 THROUGH A HIGHWAY INTERSECTION CONTROLLED BY A TRAFFIC-CONTROL DEVICE THAT IS
 DISPLAYING A STEADY RED LIGHT. - ratified title

   12/06/06  Senate Prefiled
   12/06/06  Senate Referred to Committee on Transportation
   01/09/07  Senate Introduced and read first time SJ-74
   01/09/07  Senate Referred to Committee on Transportation SJ-74
   04/08/08  Senate Committee report: Favorable with amendment
                     Transportation SJ-4
   04/09/08         Scrivener's error corrected
   04/09/08  Senate Committee Amendment Amended and Adopted SJ-95
   04/09/08  Senate Read second time SJ-95
   04/10/08  Senate Read third time and sent to House SJ-31
   04/15/08  House  Introduced and read first time HJ-19
   04/15/08  House  Referred to Committee on Judiciary HJ-19
   05/13/08  House  Committee report: Favorable with amendment
                     Judiciary HJ-7
   05/14/08  House  Amended HJ-13
   05/14/08  House  Read second time HJ-14
   05/14/08         Scrivener's error corrected
   05/15/08  House  Read third time and returned to Senate with
                     amendments HJ-21
   05/15/08  Senate Concurred in House amendment and enrolled SJ-121
   05/22/08         Ratified R 281
   05/27/08         Signed By Governor
   06/02/08         Copies available
   06/02/08         Effective date 05/27/08
   06/04/08         Act No. 240

(A240, R281, S111)

AN ACT TO AMEND SECTION 56-5-970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC-CONTROL SIGNALS, SO AS TO PROVIDE THE CIRCUMSTANCES IN WHICH A DRIVER OF A MOTORCYCLE OR MOPED, OR A BICYCLE RIDER MAY PROCEED THROUGH A HIGHWAY INTERSECTION CONTROLLED BY A TRAFFIC-CONTROL DEVICE THAT IS DISPLAYING A STEADY RED LIGHT.

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

Traffic-control devices

SECTION    1.    Section 56-5-970 of the 1976 Code is amended to read:

"Section 56-5-970.    Whenever traffic is controlled by traffic-control signals exhibiting different colored lights or colored lighted arrows, successively one at a time or in combination, only the colors, green, red, and yellow, shall be used except for special pedestrian signals carrying a word legend. Such lights shall indicate and apply to drivers of vehicles and pedestrians as follows:

(A)    Green indication:

(1)    Vehicular traffic facing a circular green signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.

(2)    Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow or such other movement as is permitted by other indications shown at the same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

(3)    Unless otherwise directed by a pedestrian-control signal, as provided in Section 56-5-990, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.

(B)    Steady yellow indication:

(1)    Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter.

(2)    Pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian-control signal as provided in Section 56-5-990, are advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway.

(C)    Steady red indication:

(1)    Vehicular traffic facing a steady circular red signal alone shall stop at a clearly marked stop line but, if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until an indication to proceed is shown except as provided in item (3).

(2)    Vehicular traffic facing a steady red arrow signal shall not enter the intersection to make the movement indicated by the arrow, and unless entering the intersection to make a movement permitted by another signal, shall stop at a clearly marked stop line but, if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until an indication permitting the movement indicated by such arrow is shown except as provided in items (3) and (5).

(3)    Except when a sign is in place prohibiting a turn, vehicular traffic facing any steady red signal may cautiously enter the intersection to turn right or to turn left from a one-way street into a one-way street after stopping as required by item (1) or (2). Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

(4)    Unless otherwise directed by a pedestrian-control signal as provided in Section 56-5-3110, pedestrians facing a steady circular red or red arrow signal alone shall not enter the roadway.

(5)    Notwithstanding any other provision of law, if a driver of a motorcycle or moped, or a bicycle rider, approaches an intersection that is controlled by a traffic-control device, the driver may proceed through the intersection on a steady red light only if the driver or rider, as the case may be:

(a)    comes to a full and complete stop at the intersection for one hundred twenty seconds; and

(b)    exercises due care as provided by law, otherwise treats the traffic control device as a stop sign, and determines it is safe to proceed."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 22nd day of May, 2008.

Approved the 27th day of May, 2008.