General Appropriations Bill H. 4700 for the fiscal year beginning July 1, 1998
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PART II PAGE 579
1 SECTION 57
2
3 TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-616 SO AS TO DEFINE THE HIGHWAYS ENCOMPASSING
4 THE INTERSTATE HIGHWAY SYSTEM; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO SPEED
5 LIMITS, SO AS TO REVISE THE SPEED LIMITS ALONG THE STATE'S HIGHWAYS; TO AMEND SECTION 56-5-1535,
6 RELATING TO SPEEDING IN WORK ZONES, SO AS TO REVISE THE LANGUAGE ON SIGNS POSTED IN A WORK
7 ZONE AND TO PROVIDE THAT THE PENALTY CONTAINED ON SIGNS POSTED IN A WORK ZONE ARE IN
8 ADDITION TO OTHER PENALTIES FOR SPEEDING; TO AMEND SECTION 56-5-1540, AS AMENDED, RELATING TO
9 THE ALTERATION OF SPEED LIMITS BY LOCAL AUTHORITIES, SO AS TO REVISE THE MAXIMUM SPEED LIMIT
10 IN AN URBAN DISTRICT; TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR
11 MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN
12 FIFTY-FIVE MILES AN HOUR; TO AMEND SECTION 56-5-6520, RELATING TO THE MANDATORY USE OF A SEAT
13 BELT BY THE DRIVER AND EVERY OCCUPANT OF A MOTOR VEHICLE, SO AS TO REVISE THE AGE OF
14 OCCUPANTS OF A MOTOR VEHICLE THAT THE DRIVER IS RESPONSIBLE FOR REQUIRING TO WEAR A SAFETY
15 BELT OR CHILD RESTRAINT SYSTEM; TO AMEND SECTION 56-5-6530 RELATING TO EXCEPTIONS TO THE
16 PROVISIONS THAT REQUIRE AN OCCUPANT OF A MOTOR VEHICLE TO WEAR A SAFETY BELT, SO AS TO
17 DELETE THE PROVISION THAT REQUIRES CHILDREN UNDER SIX YEARS OF AGE WHO ARE OCCUPANTS OF
18 A MOTOR VEHICLE TO BE SECURED IN A CHILD PASSENGER RESTRAINT SYSTEM; AND TO AMEND SECTION
19 56-5-6540, RELATING TO THE PENALTIES ASSESSED AGAINST, ENFORCEMENT OF, AND THE INADMISSABILITY
20 IN A CIVIL ACTION OF A VIOLATION OF THE MANDATORY WEARING OF A SAFETY BELT REQUIREMENT, SO
21 AS TO REVISE THE PENALTY FOR A VIOLATION OF THIS REQUIREMENT, TO PROVIDE THAT A VIOLATION
22 SHALL NOT BE INCLUDED IN A PERSON'S MOTOR VEHICLE OR CRIMINAL RECORD, TO DELETE THE
23 PROVISION PROHIBITING A LAW ENFORCEMENT OFFICER FROM STOPPING A DRIVER FOR A VIOLATION IN
24 THE ABSENCE OF A VIOLATION OF ANOTHER MOTOR VEHICLE PROVISION, AND TO PROVIDE THAT A
25 VIOLATION OF THIS REQUIREMENT IS NOT NEGLIGENCE PER SE OR CONTRIBUTORY NEGLIGENCE.
26
27 A. The 1976 Code is amended by adding:
28 "Section 56-5-616. The interstate highway system consists of the segments of highways in South Carolina in the officially designated
29 national system of interstate and defense highways."
30
31 B. Section 56-5-1520 of the 1976 Code, as last amended by Part II, Section 36R, Act 497 of 1994, is further amended to read:
32 "Section 56-5-1520. (a) General rule. No(A) A person shall not drive a vehicle on a highway at a speed greater than is reasonable
33 and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event Speed must be so
PART II PAGE 580
1 controlled as may be necessary to avoid colliding with any a person, vehicle, or other conveyance on or entering the highway in compliance
2 with legal requirements and the duty of all persons a person to use care.
3 (b) Maximum speed limits.(B) Except when a special hazard exists that requires lower speed for compliance with paragraph (a) of this
4 section subsection (A), the limits specified in this section or established as hereinafter authorized are maximum lawful speeds, and no a
5 person shall not drive a vehicle on a highway at a speed in excess of these maximum limits:
6 (1) thirty miles an hour in any urban district; seventy miles an hour on the interstate highway system and other freeways where
7 official signs giving notice of this speed limit are posted;
8 (2) sixty miles an hour on multilane divided primary highways where official signs giving notice of this speed limit are posted;
9 (3) fifty-five miles an hour in other locations or on other sections of highways except where speeds above fifty-five miles an hour
10 are otherwise provided by Section 56-5-1510.;
11 (4) manufactured, modular, or mobile homes must not be transported at a speed in excess of ten miles below the posted speed limit
12 when the posted speed limit is in excess of forty-five miles an hour, and never in excess of fifty-five miles an hour.
13 (C) Thirty miles an hour is the maximum speed in an urban district and unpaved roads are limited to the speed of forty-five miles an
14 hour. Urban district' means the territory contiguous to and including any street which is built up with structures devoted to business,
15 industry, or dwelling houses situated at intervals of less than one hundred feet for a distance of a quarter of a mile or more.
16 (D) A local authority on the basis of an engineering and traffic investigation may determine that the maximum speed limit permitted
17 under this article is less than thirty miles an hour in an urban district. If this determination is made, the maximum speed limit for the urban
18 district is enforceable by all law enforcement officers authorized to enforce the traffic laws in the urban district. However, this subsection
19 does not apply to highways within the state highway system contained in Section 56-5-1530.
20 (E) The maximum speed limits set forth in this section may be altered as authorized in pursuant to Sections 56-5-1530 and 56-5-1540.
21 (c) When lower speeds required; penalties; citation for violating speed limits.
22 (F) The driver of every a vehicle shall drive, consistent with the requirements of paragraph (a) subsection (A), drive at an appropriate
23 reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve,
24 approaching a hillcrest, when traveling upon any narrow bridge, narrow or winding roadway, and when special hazard exists with respect
25 to pedestrians or other traffic or by reason of weather or highway conditions.
26 (d) Any(G) A person violating the speed limits established by this section is guilty of a misdemeanor and, upon conviction for a first
27 offense, must be fined or imprisoned as follows:
28 (1) in excess of the above posted limit but not in excess of ten miles an hour by a fine of not less than fifteen dollars nor more than
29 twenty-five dollars;
30 (2) in excess of ten miles an hour but less than fifteen miles an hour above the posted limit by a fine of not less than twenty-five
31 dollars nor more than fifty dollars;
32 (3) in excess of fifteen miles an hour but less than twenty-five miles an hour above the posted limit by a fine of not less than fifty
33 dollars nor more than seventy-five dollars; and
PART II PAGE 581
1 (4) in excess of twenty-five miles an hour above the posted limit by a fine of not less than seventy-five dollars nor more than two
2 hundred dollars or imprisoned for not more than thirty days.
3 (e)(H) Any A citation for violating the speed limits issued by any authorized officer must note on it the rate of speed for which the
4 citation is issued.
5 (f)(I) In expending the funds credited to the state general fund from fines generated under subsection (d) (F), the department first shall
6 consider the need for additional highway patrolmen."
7
8 C. Section 56-5-1535 of the 1976 Code, as added by Act 409 of 1994, is amended to read:
9 "Section 56-5-1535. (A) It is unlawful for a person to drive a motor vehicle in a highway work zone at a speed in excess of the speed
10 limit set and posted by signs. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than
11 seventy-five nor more than two hundred dollars or imprisoned not more than thirty days, or both.
12 (B) A highway work zone' is the area between the first sign that informs motorists of the existence of the work zone on the highway
13 and the last sign that informs motorists of the end of the work zone.
14 (C) The penalty imposed by this section applies only:
15 (1) if a sign is posted at the beginning of the active work zone that states "HIGHWAY WORK ZONE - NO SPEEDING - TWO
16 HUNDRED DOLLAR $200 FINE AND OR THIRTY 30 DAYS, OR BOTH, IMPRISONMENT FOR SPEEDING'";
17 (2) to the area between the posted sign and the END CONSTRUCTION' sign. Signs may be posted at the discretion of the
18 Department of Transportation in the highway work zones designed to comply with work zone traffic control standards contained in the
19 Manual on Uniform Traffic Control Devices published by the Federal Highway Administration.
20 (D) The penalty imposed pursuant to subsection (C) is in addition to all other penalties prescribed for exceeding the lawful speed limit."
21
22 D. Section 56-5-1540(a)(2) of the 1976 Code is amended to read:
23 "(2) increases the limit within an urban district but not to more than fifty-five seventy miles an hour, except that speed limits above
24 fifty-five miles an hour are required when stipulated by Section 56-5-1510; or"
25
26 E. Section 56-5-1510 of the 1976 Code is repealed.
27
28 F. Section 56-5-6520 of the 1976 Code is amended to read:
29 "Section 56-5-6520. The driver and every each occupant of a motor vehicle, when it is being operated on the public streets and
30 highways of this State, shall wear a fastened safety belt which complies with all provisions of federal law for their use. The driver is
31 charged with the responsibility of requiring each occupant over six and under seventeen years of age to wear a safety belt or other child
32 restraint system as provided for in Article 47."
33
34 G. Section 56-5-6530(9) and (10) of the 1976 Code are amended to read:
PART II PAGE 582
1 "(9) occupants of the back seat of a motor vehicle unless the vehicle is equipped with a shoulder harness in addition to a lap belt;.
2 (10) children under six years of age who must be properly restrained as provided by Article 47, Chapter 5 of Title 56."
3
4 H. Section 56-5-6540 of the 1976 Code is amended to read:
5 "Section 56-5-6540. (A) A person violating the provisions of this article, upon conviction, must be fined not more than ten fifteen
6 dollars, all or part of which may be suspended. No court costs, assessments, or surcharges may be assessed against the person convicted.
7 No person may be fined more than twenty dollars for any one incident of one or more violations of the provisions of this article. A fine
8 imposed pursuant to this section against the driver for failing to wear a safety belt shall be assessed against the driver. A fine imposed
9 pursuant to this section against an occupant of the vehicle eighteen years of age or older for failing to wear a safety belt shall be assessed
10 against that occupant. A fine imposed pursuant to this section against an occupant or occupants under the age of eighteen for failing to
11 wear a safety belt shall be assessed against the driver if he is eighteen years of age or older; however, the total fine assessed against a driver
12 for any one incident shall be no more than twenty-five dollars. No custodial arrest for a violation of this article may be made, except upon
13 a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A conviction for violation of this
14 article does not constitute a criminal offense. Notwithstanding Section 56-1-540, a conviction for a violation of this article must not be
15 included in the offender's motor vehicle records maintained by the Department of Public Safety or in the criminal records maintained by
16 SLED.
17 (B) A law enforcement officer may not stop and issue a citation to a driver for a violation of this article when the stop is made in
18 conjunction with another violation of the motor vehicle laws or in the absence of another violation of the motor vehicle laws except when
19 the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers
20 on a certain road for a period of time. A citation for a violation of this article must not be issued without citing the violation that initially
21 caused the officer to effect the enforcement stop when:
22 (1) An occupant of the motor vehicle is not wearing a safety belt or other child restraint system as required by Article 47; or
23 (2) the stop is made at a lawful checkpoint.
24 Probable cause for a violation of this article must be based upon a law enforcement officer's clear and unobstructed view of a person
25 or persons not restrained as required by this article. No vehicle, operator of a vehicle, or passenger in a vehicle may be searched solely as
26 a result of a violation of this article.
27 (C) A violation of this article does not constitute negligence per se or contributory negligence and The failure to wear a safety belt is
28 not admissible as evidence in a civil action."
29
30 I. Subsections A, B, C, D, and E of this section are effective upon approval by the Governor. The remaining subsections are effective six
31 months after the Governor's approval.