S*1199(Rat #0464, Act #0399 of 1992)  General Bill, By I.E. Lourie, D.L. Hinds, 
Land, J.A. Martin and McConnell
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 56-5-2735 so as to prohibit driving into an intersection, crosswalk, or
 railroad crossing unless there is space on the other side for vehicles to pass
 without obstruction, to prohibit passing within one hundred feet of a railroad
 grade crossing, and to require a vehicle stopping at a railroad crossing to
 keep to the right and not form two lanes of traffic unless the road is so
 marked; to amend the 1976 Code by adding Section 58-15-1625 so as to authorize
 the Department of Highways and Public Transportation to close and abolish the
 right-of-way in a railroad grade crossing and provide the requirements and
 procedure for the closing, to amend Section 56-5-1880, relating to limitations
 on driving on the left of the centerline, so as to delete the reference to
 railroad grade crossing, to amend Section 56-5-2720, relating to the vehicles
 required to stop at all railroad grade crossings, so as to require school
 buses or motor vehicles with a capacity of sixteen or more persons to stop at
 such crossings, to revise the exceptions to this requirement, and to delete
 the requirement of the Department to promulgate regulations detailing which
 vehicles must stop at grade crossings, and to amend Sections 56-5-2775 and
 56-5-3210, relating to penalties for traffic violations, so as to include the
 offenses established by this Act.-amended title

   01/16/92  Senate Introduced and read first time SJ-17
   01/16/92  Senate Referred to Committee on Transportation SJ-17
   03/24/92  Senate Committee report: Favorable with amendment
                     Transportation SJ-16
   03/25/92  Senate Amended SJ-18
   03/25/92  Senate Read second time SJ-20
   04/14/92  Senate Read third time and sent to House SJ-11
   04/15/92  House  Introduced and read first time HJ-21
   04/15/92  House  Referred to Committee on Education and Public
                     Works HJ-22
   04/30/92  House  Recalled from Committee on Education and Public
                     Works HJ-27
   05/12/92  House  Debate adjourned until Wednesday, May 13, 1992 HJ-2
   05/13/92  House  Read second time HJ-36
   05/14/92  House  Read third time and enrolled HJ-300
   05/27/92         Ratified R 464
   06/01/92         Signed By Governor
   06/01/92         Effective date 06/01/92
   06/01/92         Act No. 399
   06/26/92         Copies available

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2735 SO AS TO PROHIBIT DRIVING INTO AN INTERSECTION, CROSSWALK, OR RAILROAD GRADE CROSSING UNLESS THERE IS SPACE ON THE OTHER SIDE FOR VEHICLES TO PASS WITHOUT OBSTRUCTION, TO PROHIBIT PASSING WITHIN ONE HUNDRED FEET OF A RAILROAD GRADE CROSSING, AND TO REQUIRE A VEHICLE STOPPING AT A RAILROAD CROSSING TO KEEP TO THE RIGHT AND NOT FORM TWO LANES OF TRAFFIC UNLESS THE ROAD IS SO MARKED; TO AMEND THE 1976 CODE BY ADDING SECTION 58-15-1625 SO AS TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND ABOLISH THE RIGHT-OF-WAY IN A RAILROAD GRADE CROSSING AND PROVIDE THE REQUIREMENTS AND PROCEDURE FOR THE CLOSING, TO AMEND SECTION 56-5-1880, RELATING TO LIMITATIONS ON DRIVING ON THE LEFT OF THE CENTERLINE, SO AS TO DELETE THE REFERENCE TO RAILROAD GRADE CROSSING, TO AMEND SECTION 56-5-2720, RELATING TO THE VEHICLES REQUIRED TO STOP AT ALL RAILROAD GRADE CROSSINGS, SO AS TO REQUIRE SCHOOL BUSES OR MOTOR VEHICLES WITH A CAPACITY OF SIXTEEEN OR MORE PERSONS TO STOP AT SUCH CROSSINGS, TO REVISE THE EXCEPTIONS TO THIS REQUIREMENT, AND TO DELETE THE REQUIREMENT OF THE DEPARTMENT TO PROMULGATE REGULATIONS DETAILING WHICH VEHICLES MUST STOP AT GRADE CROSSINGS, AND TO AMEND SECTIONS 56-5-2775 AND 56-5-3210, RELATING TO PENALTIES FOR TRAFFIC VIOLATIONS, SO AS TO INCLUDE THE OFFENSES ESTABLISHED BY THIS ACT.

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

Traffic requirements

SECTION 1. Article 21, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-2735. (A) Notwithstanding the indication of a traffic signal to proceed, no driver shall enter an intersection or a marked crosswalk or drive onto a railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk, or railroad grade crossing to accommodate the vehicle the driver is operating without obstructing the passage of other vehicles, pedestrians, or railroad trains.

(B) No vehicle shall be driven on the left side of the roadway while attempting to pass another vehicle within one hundred feet of a railroad grade crossing.

(C) When stopping as required at a railroad crossing, the driver shall keep as far to the right of the highway as possible and shall not form two lanes of traffic unless the roadway is marked for two or more lanes of traffic on the driver's side of the center line of the highway."

Grade crossings

SECTION 2. Section 56-5-2720 of the 1976 Code is amended to read:

"Section 56-5-2720. (A) Except as provided in subsection (B), the driver of a school bus or a motor vehicle with a capacity of sixteen or more persons, a vehicle permitted by the Department of Health and Environmental Control to carry hazardous waste and a vehicle described in regulations issued pursuant to subsection (C), before crossing at grade any tracks of a railroad, shall stop the vehicle within fifty feet, but not less than fifteen feet, from the nearest rail of the railroad and while stopped shall listen and look in both directions along the track for an approaching train and for signals indicating the approach of a train and shall not proceed until he can do so safely. After stopping and upon proceeding when it is safe to do so, the driver of the vehicle shall cross only in the gear of the vehicle that there is no necessity for manually changing gears while traversing the crossing and the driver shall not manually shift gears while crossing the tracks.

(B) Except for school buses, the provisions of this section do not apply at:

(1) a railroad grade crossing where traffic is controlled by a police officer or human flagman;

(2) a railroad grade crossing where traffic is regulated by a traffic-control signal;

(3) a railroad grade crossing protected by crossing gates or an alternately flashing light signal intended to give warning of the approach of a railroad train when the gate or flashing signal does not indicate the approach of a train;

(4) a railroad grade crossing where an official traffic-control device gives notice that the stopping requirement imposed by this section does not apply."

Closing right-of-way

SECTION 3. Article 17, Chapter 15, Title 58 of the 1976 Code is amended by adding:

"Section 58-15-1625. Notwithstanding any other provision of law, the Department of Highways and Public Transportation may order legally closed and abolished as a public way, within the limits of a railroad right-of-way, a grade crossing then in existence at the time the department assumes jurisdiction of the matter, upon a finding that the enhancement of public safety resulting from such closing outweighs any inconvenience caused by increased circuitry of highway routes. This order by the department may be issued either in connection with, or independent of, an order relating to automatic train-activated warning signals. The authority of the department legally to close and abolish grade crossings is in addition to authority granted by law to other state agencies or to local units of government to close and abolish grade crossings. Upon the issuance of the order by the department, the railroad or railroads involved shall physically remove the crossing from the tracks, and the governmental unit maintaining the highway shall remove or barricade the approaches to the crossing."

Penalty

SECTION 4. Section 56-5-2775 of the 1976 Code is amended to read:

"Section 56-5-2775. The driver of a vehicle violating the provisions of Sections 56-5-2735 and 56-5-2770(a) or (e) is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than one hundred dollars nor more than two hundred dollars or imprisonment for not more than thirty days."

Penalty

SECTION 5. Section 56-5-3210 of the 1976 Code is amended to read:

"Section 56-5-3210. A person who violates any of the provisions of Sections 56-5-3190, 56-5-3200, or 56-5-2720 is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding twenty-five dollars or imprisonment for not exceeding ten days."

Grade crossing

SECTION 6. Section 56-5-1880(a)2. of the 1976 Code is amended to read:

"2. When approaching within one hundred feet of or traversing any intersection."

Time effective

SECTION 7. This act takes effect upon approval by the Governor.

Approved the 1st day of June, 1992.