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COMMITTEE REPORT
February 21, 2001
H. 3146
Introduced by Reps. Lourie, J.E. Smith, Freeman, Neilson, Robinson, Webb, Mack, Cotty, Talley, Littlejohn, Simrill, J. Hines, J.M. Neal, Emory, Bales, Miller, Campsen, Altman, Whatley, Lloyd, Bowers. M. Hines, Weeks, Rivers, Hosey, G.M. Smith, Owens, Harvin McLeod, Sinclair, Thompson and Govan
S. Printed 2/21/01--H.
Read the first time January 9, 2001.
To whom was referred a Bill (H. 3146) to amend Section 56-5-1520, as amended, Code of Laws of South Carolina, 1976, relating to the establishment of maximum speed limits along the state's highways, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, Section 56-50-1520(H), as contained in SECTION 1, page 3, by inserting / , as defined by Section 56-1-2030(4), / after / vehicle / on line 9, and by deleting / lose his privilege to drive for six months / and inserting / , notwithstanding the provisions contained in Section 56-1-2110(F), be disqualified for six months from driving a commercial motor vehicle as defined by Section 56-1-2030(4) / on line 26.
When amended Section 56-50-1520(H) shall read:
/ "(H) A person violating the speed limits established in zones where the posted maximum speed limit is at least fifty-five miles an hour while driving a commercial motor vehicle, as defined by Section 56-1-2030(4), which requires the driver to possess a commercial driver's license is guilty of a misdemeanor and, upon conviction for a first offense, must be fined as follows:
(1) in excess of the posted limit but not in excess of ten miles an hour by a fine of not less than twenty dollars nor more than thirty-five dollars;
(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 thirty-five dollars nor more than seventy-five dollars;
(3) in excess of fifteen miles an hour but less than twenty miles an hour above the posted limit by a fine of not less than seventy-five dollars nor more than one hundred twenty-five dollars; and
(4) in excess of twenty miles an hour above the posted limit by a fine of not less than one hundred twenty-five dollars nor more than three hundred dollars or imprisoned for not more than thirty days, and, notwithstanding the provisions contained in Section 56-1-2110(F), be disqualified for six months from driving a commercial motor vehicle as defined by Section 56-1-2030(4).
Penalties contained in this subsection are in lieu of any other penalties imposed upon a driver of a commercial motor vehicle exceeding the speed limit in a zone where the maximum speed limit is fifty-five miles an hour." /
Amend title to conform.
RONALD P. TOWNSEND, for Committee.
EXPLANATION OF IMPACT:
The Department of Public Safety states there would be no impact on the General Fund of the State nor on federal and/or other funds.
Approved By:
Don Addy
Office of State Budget
TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF MAXIMUM SPEED LIMITS ALONG THE STATE'S HIGHWAYS, SO AS TO PROVIDE PENALTIES FOR A PERSON WHO VIOLATES THE SPEED LIMITS ESTABLISHED IN ZONES WHERE THE POSTED MAXIMUM SPEED LIMIT IS AT LEAST FIFTY-FIVE MILES AN HOUR WHILE DRIVING A COMMERCIAL MOTOR VEHICLE WHICH REQUIRES THE DRIVER TO POSSESS A COMMERCIAL DRIVER'S LICENSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-1520 of the 1976 Code, as last amended by Act 17 of 1999, is further amended to read:
"Section 56-50-1520. (A) A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. Speed must be so controlled to avoid colliding with a person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of a person to use care.
(B) Except when a special hazard exists that requires lower speed for compliance with subsection (A), the limits specified in this section or established as hereinafter authorized are maximum lawful speeds, and a person shall not drive a vehicle on a highway at a speed in excess of these maximum limits:
(1) seventy miles an hour on the interstate highway system and other freeways where official signs giving notice of this speed are posted;
(2) sixty miles an hour on multilane divided primary highways where official signs giving notice of this speed limit are posted;
(3) fifty-five miles an hour in other locations or on other sections of highways and unpaved roads are limited to the speed of forty miles an hour; and
(4) manufactured, modular, or mobile homes must not be transported at a speed in excess of ten miles below the maximum posted speed limit when the maximum posted speed limit is in excess of forty-five miles an hour, and never in excess of fifty-five miles an hour.
(C) Thirty miles an hour is the maximum speed in an urban district. 'Urban district' means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred feet for a distance of a quarter of a mile or more.
(D) A local authority on the basis of an engineering and traffic investigation may determine that the maximum speed limit permitted 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 district is enforceable by all law enforcement officers authorized to enforce the traffic laws in the urban district. However, this subsection does not apply to highways within the state highway system contained in Section 56-5-1530.
(E) The maximum speed limits set forth in this section may be altered pursuant to Sections 56-5-1530 and 56-5-1540.
(F) The driver of a vehicle shall drive, consistent with the requirements of subsection (A), at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, approaching a hillcrest, when traveling upon any narrow bridge, narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
(G) A person violating the speed limits established by this section is guilty of a misdemeanor and, upon conviction for a first offense, must be fined or imprisoned as follows:
(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 twenty-five dollars;
(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 dollars nor more than fifty dollars;
(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 dollars nor more than seventy-five dollars; and
(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 hundred dollars or imprisoned for not more than thirty days.
(H) A person violating the speed limits established in zones where the posted maximum speed limit is at least fifty-five miles an hour while driving a commercial motor vehicle which requires the driver to possess a commercial driver's license is guilty of a misdemeanor and, upon conviction for a first offense, must be fined as follows:
(1) in excess of the posted limit but not in excess of ten miles an hour by a fine of not less than twenty dollars nor more than thirty-five dollars;
(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 thirty-five dollars nor more than seventy-five dollars;
(3) in excess of fifteen miles an hour but less than twenty miles an hour above the posted limit by a fine of not less than seventy-five dollars nor more than one hundred twenty-five dollars; and
(4) in excess of twenty miles an hour above the posted limit by a fine of not less than one hundred twenty-five dollars nor more than three hundred dollars or imprisoned for not more than thirty days, and lose his privilege to drive for six months.
Penalties contained in this subsection are in lieu of any other penalties imposed upon a driver of a commercial motor vehicle exceeding the speed limit in a zone where the maximum speed limit is fifty-five miles an hour.
(I) A citation for violating the speed limits issued by any authorized officer must note on it the rate of speed for which the citation is issued.
(J) In expending the funds credited to the state general fund from fines generated under subsection (G), the department first shall consider the need for additional highway patrolmen."
SECTION 2. This act takes effect upon approval by the Governor.
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