H*3585(Rat #0619, Act #0542 of 1988)  General Bill, By J.D. Bradley
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 58-17-4095 so as to prohibit the operation of vehicles on railroad
 rights-of-way in South Carolina except as permitted by statute.-amended title

   01/20/88  House  Introduced and read first time HJ-434
   01/20/88  House  Referred to Committee on Judiciary HJ-434
   02/18/88  House  Committee report: Favorable with amendment
                     Judiciary HJ-1255
   02/24/88  House  Amended HJ-1463
   02/24/88  House  Read second time HJ-1464
   02/25/88  House  Read third time and sent to Senate HJ-1516
   03/01/88  Senate Introduced and read first time SJ-17
   03/01/88  Senate Referred to Committee on Transportation SJ-17
   04/13/88  Senate Committee report: Favorable with amendment
                     Transportation SJ-64
   04/14/88  Senate Amended SJ-198
   04/14/88  Senate Read second time SJ-199
   04/19/88  Senate  Read third time SJ-36
   04/19/88  Senate Returned SJ-36
   05/04/88  House  Concurred in Senate amendment and enrolled HJ-3543
   05/12/88         Ratified R 619
   05/17/88         Signed By Governor
   05/17/88         Effective date 05/17/88
   05/17/88         Act No. 542
   06/09/88         Copies available

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-4095 SO AS TO PROHIBIT THE OPERATION OF VEHICLES ON RAILROAD RIGHTS-OF-WAY IN SOUTH CAROLINA EXCEPT AS PERMITTED BY STATUTE.

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

Railroad rights-of-way; vehicle prohibition; exceptions

SECTION 1. Article 33, Chapter 17, Title 58 of the 1976 Code is amended by adding:

"Section 58-17-4095. (A) No person may park or operate a vehicle on a railroad right-of-way where there are existing tracks unless the person:

(1) is an employee of the railroad which owns the right-of-way in the performance of his duties;

(2) has authority from the railroad which owns the right-of-way;

(3) is using a public or private roadway which crosses over the railroad at an established grade crossing;

(4) is acting in an official capacity with the military, police force, a fire fighting organization, or some similar public authority and must enter onto the railroad right-of-way to carry out his or her responsibilities; or

(5) is an employee of a public utility or telecommunications carrier, or of the forestry industry, and must enter onto the railroad right-of-way to carry out his responsibilities.

(B) For the purposes of this section, the term 'vehicle' includes all standard vehicles normally operated on roadways, such as automobiles, trucks, vans, and motorcycles, and all off-road vehicles. Off-road vehicles include, but are not limited to, four-wheel drive or low-pressure tire vehicles, two or three wheel vehicles, amphibious machines, and ground-effect or air-cushioned vehicles.

(C) A person violating the provisions of this section, upon conviction, shall pay a fine of not more than two hundred dollars or serve a term of imprisonment for not more than thirty days."

Time effective

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