H 4988 General Bill, By Hagood, Kirsh, Altman, Bailey, Bales, Battle, Harrell, 
Harrison, Hayes, Keegan, Limehouse, Mahaffey, Merrill, Neilson, Scarborough, 
Stille, Walker and Young
 A BILL TO AMEND ARTICLE 45, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH
 CAROLINA, 1976, RELATING TO THE APPLICABILITY OF THE SOUTH CAROLINA UNIFORM
 ACT REGULATING TRAFFIC TO PRIVATE ROADS, SO AS TO DELETE REFERENCES TO THE
 TERM "SOUTH CAROLINA UNIFORM ACT REGULATING TRAFFIC" AND TO PROVIDE THAT THIS
 ARTICLE PROVIDES THE MEANS FOR THE OWNER OF A PRIVATE ROAD TO HAVE CERTAIN
 PROVISIONS THAT REGULATE MOTOR VEHICLES ALONG THE STATE'S HIGHWAYS APPLY TO A
 PRIVATE ROAD.

   03/17/04  House  Introduced and read first time HJ-97
   03/17/04  House  Referred to Committee on Education and Public
                     Works HJ-97

TO AMEND ARTICLE 45, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICABILITY OF THE SOUTH CAROLINA UNIFORM ACT REGULATING TRAFFIC TO PRIVATE ROADS, SO AS TO DELETE REFERENCES TO THE TERM "SOUTH CAROLINA UNIFORM ACT REGULATING TRAFFIC" AND TO PROVIDE THAT THIS ARTICLE PROVIDES THE MEANS FOR THE OWNER OF A PRIVATE ROAD TO HAVE CERTAIN PROVISIONS THAT REGULATE MOTOR VEHICLES ALONG THE STATE'S HIGHWAYS APPLY TO A PRIVATE ROAD.

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

SECTION    1.    Article 45, Chapter 5, Title 56 of the 1976 Code is amended to read:

Section 56-5-6310.    The provisions of this chapter, comprising the Uniform Act Regulating Traffic on the highways in this State, shall be title are applicable to private roads if the owner, including any corporation or homeowners' association holding title to community roads and excluding those only holding easements over such roads, shall file a written consent stating that the undersigned is the owner of the private roads shown on an attached plat and consents to the application of the provisions of this chapter for purposes of highway safety on such private roads. When the road is owned by two abutting owners, both shall consent to the application of this chapter. In the event there are more than two owners of the road, the provisions of this chapter shall apply when a majority of those owners of the total front footage abutting such road shall consent thereto. The consent shall be executed with the same formalities as a deed and with the plat shall be filed with the clerk of court or register of deeds for the county in which the private road is located and with the sheriff of such county. No derivation clause shall be is required. Such The filing shall not constitute a dedication to the public of such the roads nor shall it constitute permission by the owner for the public to use such the roads. The written consent shall become effective thirty days from the date it is filed with the clerk of court or register of deeds.

Section 56-5-6320.    The consent may be terminated by filing a notice of termination with the clerk of court or register of deeds and the sheriff in the same manner as is provided in Section 56-5-6310 for the consent of the owners. The same percentage of owners shall be required for termination as is required for consent;. provided, however However, that the heirs, successors or assigns of owners may exercise such the right of termination. The termination shall must be executed with the same formalities as a deed and shall must make reference to the recordation of the original consent and plat. Termination of consent shall become becomes effective thirty days from the date it is filed with the clerk of court or register of deeds.

Section 56-5-6330.    The termination shall not affect those portions of this chapter title which apply to private roads irrespective of the provisions of this article.

Section 56-5-6340.    The speed limits and location of traffic control signs on private roads subjected to the Uniform Act Regulating Traffic pursuant to Section 56-5-6310 shall be are established as follows:

(a)(1)    The the owner of the private roads or both owners, or a majority of the owners, as the case may be, shall submit proposed speed limits and proposed locations for traffic control signs to the sheriff of the county in which the roads are situate and shall obtain the sheriff's written approval of such the speed limits and traffic control signs. Such The approval shall must be filed with the clerk of court or register of deeds and the affected roads then posted by signs identical or similar to those used on public roads.; and

(b)(2)    After after filing with the clerk or register, such the speed limits and traffic control signs shall become effective as soon as once they are posted on signs and thereafter may be enforced by the State Highway Patrol, officers of the sheriff's department and state constables appointed by the Governor, in addition to any other persons having authority to take out warrants or make arrests.

Section 56-5-6350.    Nothing contained in this article shall affect affects the application of this chapter title to private roads in any a county which complied with any the laws in effect prior to before the effective date of this article but such the roads shall must be governed by the provisions of this article as it applies to termination."

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