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H*3188 Session 113 (1999-2000) H*3188(Rat #0040, Act #0017 of 1999) General Bill, By Knotts, Edge, Rodgers, Whatley and Simrill A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM SPEED LIMITS, SO AS TO REVISE THE MAXIMUM SPEED LIMIT FOR INTERSTATE HIGHWAYS, MULTILANE DIVIDED PRIMARY HIGHWAYS, AND UNPAVED ROADS, TO PROVIDE A MAXIMUM SPEED LIMIT FOR MANUFACTURED, MODULAR, OR MOBILE HOMES, AND TO PROVIDE THAT A LOCAL AUTHORITY MAY DETERMINE THAT THE MAXIMUM SPEED LIMIT IN AN URBAN DISTRICT IS LESS THAN THIRTY MILES AN HOUR UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-5-1535, RELATING TO THE PROHIBITION AGAINST SPEEDING IN A HIGHWAY WORK ZONE, SO AS TO REVISE THE LANGUAGE ON SIGNS POSTED AT THE BEGINNING OF AN ACTIVE WORK ZONE WHICH INFORM MOTORISTS OF THE PENALTY FOR SPEEDING THROUGH A WORK ZONE; TO AMEND SECTION 56-5-1540, AS AMENDED, RELATING TO THE ALTERATION OF SPEED LIMITS BY LOCAL AUTHORITIES, SO AS TO PROVIDE THAT A LOCAL AUTHORITY MAY INCREASE THE SPEED LIMIT IN AN URBAN DISTRICT TO NOT MORE THAN SEVENTY MILES AN HOUR, BY ADDING SECTION 56-5-616 SO AS TO PROVIDE THAT THE INTERSTATE HIGHWAY SYSTEM CONSISTS OF HIGHWAYS IN THE OFFICIALLY DESIGNATED NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS; TO AMEND CHAPTER 23, TITLE 57 RELATING TO HIGHWAY BEAUTIFICATION AND SCENIC ROUTES, BY ADDING ARTICLE VERSIONS OF THIS BILL
February 23, 1999 March 9, 1999 March 10, 1999 March 30, 1999 March 31, 1999 April 21, 1999 (A17, R40, H3188)
AN ACT TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM SPEED LIMITS, SO AS TO REVISE THE MAXIMUM SPEED LIMIT FOR INTERSTATE HIGHWAYS, MULTILANE DIVIDED PRIMARY HIGHWAYS, AND UNPAVED ROADS, TO PROVIDE A MAXIMUM SPEED LIMIT FOR THE TRANSPORTING OF MANUFACTURED, MODULAR, OR MOBILE HOMES, AND TO PROVIDE THAT A LOCAL AUTHORITY MAY DETERMINE THAT THE MAXIMUM SPEED LIMIT IN AN URBAN DISTRICT IS LESS THAN THIRTY MILES AN HOUR UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-5-1535, RELATING TO THE PROHIBITION AGAINST SPEEDING IN A HIGHWAY WORK ZONE, SO AS TO REVISE THE LANGUAGE ON SIGNS POSTED AT THE BEGINNING OF AN ACTIVE WORK ZONE WHICH INFORM MOTORISTS OF THE PENALTY FOR SPEEDING THROUGH A WORK ZONE; TO AMEND SECTION 56-5-1540, AS AMENDED, RELATING TO THE ALTERATION OF SPEED LIMITS BY LOCAL AUTHORITIES, SO AS TO PROVIDE THAT A LOCAL AUTHORITY MAY INCREASE THE SPEED LIMIT IN AN URBAN DISTRICT TO NOT MORE THAN SEVENTY MILES AN HOUR; BY ADDING SECTION 56-5-616 SO AS TO PROVIDE THAT THE INTERSTATE HIGHWAY SYSTEM CONSISTS OF HIGHWAYS IN THE OFFICIALLY DESIGNATED NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS; TO AMEND CHAPTER 23, TITLE 57, RELATING TO HIGHWAY BEAUTIFICATION AND SCENIC ROUTES, BY ADDING Be it enacted by the General Assembly of the State of South Carolina: Maximum speed limits SECTION 1. Section 56-5-1520 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read: "Section 56-5-1520. (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 (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 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. (I) 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." Highway work zone SECTION 2. Section 56-5-1535 of the 1976 Code, as added by Act 409 of 1994, is amended to read: "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 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 seventy-five nor more than two hundred dollars or imprisoned not more than thirty days, or both. (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 and the last sign that informs motorists of the end of the work zone. (C) The penalty imposed by this section applies only: (1) if a sign is posted at the beginning of the active work zone that states 'WORK ZONE $200 FINE AND 30 DAYS IMPRISONMENT FOR SPEEDING'; (2) to the area between the posted sign and the 'END CONSTRUCTION' sign. Signs may be posted at the discretion of the Department of Transportation in the highway work zones designed to comply with work zone traffic control standards contained in the Manual on Uniform Traffic Control Devices published by the Federal Highway Administration." Alteration of speed limits SECTION 3. Section 56-5-1540(a)(2) of the 1976 Code is amended to read: "(2) increases the limit within an urban district but not to more than seventy miles an hour; or" Interstate highway system SECTION 4. The 1976 Code is amended by adding: "Section 56-5-616. The interstate system consists of the segments of highways in South Carolina in the officially designated national system of interstate and defense highways." Vegetation management SECTION 5. Chapter 23, Title 57 of the 1976 Code is amended by adding:
 Article 17
Section 57-23-800. (A) The Department of Transportation shall conduct vegetation management of the medians, roadsides, and interchanges along the interstate highway system in accordance with the following requirements: (1) a median of not more than sixty feet in width shall have its mowable area mowed in its entirety. A median wider than sixty feet shall only be mowed within thirty feet from the edges of the pavement. (2) a roadside shall be mowed thirty feet from the edge of the pavement. If fill slopes or back slopes are steep, one swath of the mower or not less than five feet shall be mowed on these slopes. (3) an interchange shall be mowed in the same manner as a roadside, provided that the distance from the pavement required to be mowed may be increased to address any safety concerns involved. (B) The mowing widths provided in subsection (A) may be increased when necessary to provide adequate visibility for signs erected by the department. (C) The vegetation management activities conducted by the department shall not interfere in any way with the visibility of any outdoor advertising sign. (D) If the Department of Natural Resources makes an assessment and written determination that vegetation management pursuant to this section causes an increase in safety risks because of the attraction of wildlife to a specific area along the highway, then the department may increase the distance from the pavement required to be mowed." Failure to comply with lane restrictions SECTION 6. The 1976 Code is amended by adding:
"Section 56-1-2156. Notwithstanding any other provision of law, a commercial motor vehicle driver may not be assessed points against his driving record for failing to comply with lane restrictions posted on the interstate highway system by the Department of Transportation. For purposes of this section, a driver record means a commercial driver's license issued pursuant to Repeal SECTION 7. Sections 56-5-1510 and 57-3-175 of the 1976 Code are repealed. Time effective SECTION 8. This act takes effect upon approval by the Governor. Ratified the 28th day of April, 1999. Approved the 30th day of April, 1999.
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