H 3011 {Rat #80, Act #64 of 2021} General Bill, By West, G.M.Smith, Simrill, B.Newton, 
Wooten, McGarry, Bryant, Haddon, Long, Pope, Gilliam, Hosey, Oremus, Caskey, 
Hardee, Yow, Atkinson and Martin
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 56-5-1885 SO AS TO PROVIDE THE CIRCUMSTANCES WHEN A VEHICLE MAY NOT BE DRIVEN
 IN THE FARTHEST LEFT-HAND LANE OF A CONTROLLED ACCESS HIGHWAY, TO PROVIDE THE
 DEPARTMENT OF TRANSPORTATION MUST PLACE SIGNS ALONG INTERSTATE HIGHWAYS
 DIRECTING SLOWER TRAFFIC TO MOVE TO THE RIGHT, TO PROVIDE A PENALTY FOR A
 VIOLATION, TO PROVIDE A VIOLATION MUST NOT BE INCLUDED IN THE OFFENDER'S MOTOR
 VEHICLE RECORD, INCLUDED IN SLED'S CRIMINAL RECORDS, OR REPORTED TO THE
 OFFENDER'S MOTOR VEHICLE INSURER, TO PROVIDE A VIOLATION IS NOT NEGLIGENCE PER
 SE OR CONTRIBUTORY NEGLIGENCE, AND IS NOT ADMISSIBLE AS EVIDENCE IN A CIVIL
 ACTION, TO PROVIDE A LAW ENFORCEMENT OFFICER MUST NOT SEARCH AND MAY NOT
 REQUEST CONSENT TO SEARCH A VEHICLE, DRIVER, OR OCCUPANT OF A VEHICLE SOLELY
 BECAUSE OF A VIOLATION OF THIS PROVISION, AND TO PROVIDE FOR THE APPEAL OF A
 VIOLATION. - ratified title

   12/09/20  House  Prefiled
   12/09/20  House  Referred to Committee on Education and Public Works
   01/12/21  House  Introduced and read first time (House Journal-page 36)
   01/12/21  House  Referred to Committee on Education and Public
                     Works (House Journal-page 36)
   01/13/21  House  Member(s) request name added as sponsor: Caskey
   01/26/21  House  Member(s) request name added as sponsor: Hardee
   01/27/21  House  Member(s) request name added as sponsor: Yow
   02/23/21  House  Member(s) request name added as sponsor: Atkinson
   03/02/21  House  Committee report: Favorable with amendment
                     Education and Public Works (House Journal-page 2)
   03/03/21  House  Member(s) request name added as sponsor: Martin
   03/04/21  House  Amended (House Journal-page 14)
   03/04/21  House  Read second time (House Journal-page 14)
   03/04/21  House  Roll call Yeas-108  Nays-0 (House Journal-page 14)
   03/04/21  House  Unanimous consent for third reading on next
                     legislative day (House Journal-page 17)
   03/05/21  House  Read third time and sent to Senate
                     (House Journal-page 1)
   03/09/21  Senate Introduced and read first time (Senate Journal-page 6)
   03/09/21  Senate Referred to Committee on Transportation
                     (Senate Journal-page 6)
   03/23/21  Senate Committee report: Favorable with amendment
                     Transportation (Senate Journal-page 10)
   03/25/21  Senate Committee Amendment Adopted (Senate Journal-page 22)
   03/25/21  Senate Read second time (Senate Journal-page 22)
   03/30/21  Senate Read third time and returned to House with
                     amendments (Senate Journal-page 11)
   04/06/21  House  Non-concurrence in Senate amendment
                     (House Journal-page 97)
   04/06/21  House  Roll call Yeas-1  Nays-107 (House Journal-page 97)
   04/08/21  Senate Senate insists upon amendment and conference
                     committee appointed  Bennett, McElveen, Turner
                     (Senate Journal-page 17)
   04/08/21  House  Conference committee appointed  Morgan, West,
                     Henderson-Myers (House Journal-page 25)
   05/06/21  Senate Free conference powers granted (Senate Journal-page 54)
   05/06/21  Senate Free conference committee appointed  Bennett,
                     McElveen, Turner (Senate Journal-page 54)
   05/06/21  Senate Free conference report received and adopted
                     (Senate Journal-page 54)
   05/06/21  Senate Roll call Ayes-44  Nays-1 (Senate Journal-page 54)
   05/12/21  House  Free conference powers granted (House Journal-page 60)
   05/12/21  House  Roll call Yeas-109  Nays-0 (House Journal-page 60)
   05/12/21  House  Free conference committee appointed  Morgan,
                     West, Henderson-Myers (House Journal-page 62)
   05/12/21  House  Free conference report adopted (House Journal-page 62)
   05/12/21  House  Roll call Yeas-105  Nays-2 (House Journal-page 64)
   05/12/21  House  Ordered enrolled for ratification
                     (House Journal-page 66)
   05/13/21         Ratified R  80
   05/17/21         Signed By Governor
   06/01/21         Effective date  08/15/21
   06/01/21         Act No.  64

(A64, R80, H3011)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1885 SO AS TO PROVIDE THE CIRCUMSTANCES WHEN A VEHICLE MAY NOT BE DRIVEN IN THE FARTHEST LEFT-HAND LANE OF A CONTROLLED ACCESS HIGHWAY, TO PROVIDE THE DEPARTMENT OF TRANSPORTATION MUST PLACE SIGNS ALONG INTERSTATE HIGHWAYS DIRECTING SLOWER TRAFFIC TO MOVE TO THE RIGHT, TO PROVIDE A PENALTY FOR A VIOLATION, TO PROVIDE A VIOLATION MUST NOT BE INCLUDED IN THE OFFENDER'S MOTOR VEHICLE RECORD, INCLUDED IN SLED'S CRIMINAL RECORDS, OR REPORTED TO THE OFFENDER'S MOTOR VEHICLE INSURER, TO PROVIDE A VIOLATION IS NOT NEGLIGENCE PER SE OR CONTRIBUTORY NEGLIGENCE, AND IS NOT ADMISSIBLE AS EVIDENCE IN A CIVIL ACTION, TO PROVIDE A LAW ENFORCEMENT OFFICER MUST NOT SEARCH AND MAY NOT REQUEST CONSENT TO SEARCH A VEHICLE, DRIVER, OR OCCUPANT OF A VEHICLE SOLELY BECAUSE OF A VIOLATION OF THIS PROVISION, AND TO PROVIDE FOR THE APPEAL OF A VIOLATION.

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

Overtaking and passing another vehicle

SECTION    1.    Article 13, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-1885.    (A)    A vehicle may not be driven in the farthest left-hand lane of a controlled access highway except when overtaking and passing another vehicle.

(B)    Subsection (A) of this section does not apply:

(1)    when no other vehicle is directly behind the vehicle in the left lane;

(2)    when traffic conditions and congestion make it impractical to drive in the right lane;

(3)    when snow and other inclement weather conditions make it safer to drive in the left lane;

(4)    when obstructions or hazards exist in the right lane;

(5)    when, because of highway design, a vehicle must be driven in the left lane when preparing to exit;

(6)    to law enforcement vehicles, ambulances, or other emergency vehicles engaged in official duties and vehicles engaged in highway maintenance and construction operations;

(7)    when a driver of a tractor-trailer commercial motor vehicle combination is unable to move into the right lane safely due to another vehicle overtaking or passing his vehicle to the right; or

(8)    when a driver of a vehicle requiring a commercial motor vehicle license to operate is unable to move into the right lane safely due to a highway grade or another vehicle overtaking or passing his vehicle on the right.

(C)    Nothing in this section shall limit the Department of Transportation's ability to establish and delineate lane restrictions for certain types of vehicles.

(D)    The Department of Transportation must place signs along interstate highways directing slower traffic to move to the right. The signs must be placed at intervals of no more than thirty-five miles.

(E)(1)    A person who is adjudicated to be in violation of the provisions of this section must be fined not more than twenty-five dollars, no part of which may be suspended. No court costs, assessments, or surcharges may be assessed against a person who violates a provision of this section. A custodial arrest for a violation of this section must not be made, except upon a warrant issued for a failure to appear in court when summoned or for a failure to pay an imposed fine. A violation of this section does not constitute a criminal offense. Notwithstanding Section 56-1-640, a violation of this section must not be:

(a)    included in the offender's motor vehicle records maintained by the Department of Motor Vehicles;

(b)    included in the criminal records maintained by SLED; or

(c)    reported to the offender's motor vehicle insurer.

(2)    A violation of this section is not negligence per se, or contributory negligence, and is not admissible as evidence in a civil action.

(3)    A law enforcement officer must not search, and may not request consent to search, a vehicle, or the driver or occupant of the vehicle, solely because of a violation of this section.

(4)    A person charged with a violation of this section may admit or deny the violation, enter a plea of nolo contendere, or be tried before either a judge or a jury. If the trier of fact is convinced beyond a reasonable doubt that the person violated the provisions of this section, then the penalty is a civil fine pursuant to item (1) of this subsection. If the trier of fact determines that the State has failed to prove beyond a reasonable doubt that the person violated the provisions of this section, then no penalty shall be assessed.

(5)    A person found to be in violation of this section may bring an appeal to the court of common pleas."

Time effective

SECTION    2.    This act takes effect ninety days after approval by the Governor. For a period of ninety days after the effective date of this act, only warning tickets may be issued for a violation of the provisions of this act.

Ratified the 13th day of May, 2021.

Approved the 17th day of May, 2021.