H 4323 Session 111 (1995-1996)
H 4323 General Bill, By Knotts, Haskins, W.D. Keyserling, M.H. Kinon, Lanford,
Law, Littlejohn, Riser, Simrill and Vaughn
Similar(H 4355)
A Bill to amend Section 56-5-1520, as amended, Code of Laws of South Carolina,
1976, relating to speed limits, so as to provide that the maximum speed limit
on an interstate highway is seventy miles an hour; and to repeal Section
56-5-1510, relating to the State's fifty-five mile an hour maximum speed limit
and federal laws that permit the state to set speed limits greater than
fifty-five miles an hour.
12/06/95 House Prefiled
12/06/95 House Referred to Committee on Education and Public Works
01/09/96 House Introduced and read first time HJ-55
01/09/96 House Referred to Committee on Education and Public
Works HJ-55
03/27/96 House Committee report: Favorable with amendment
Education and Public Works HJ-62
04/03/96 House Amended HJ-44
04/03/96 House Read second time HJ-47
04/09/96 House Read third time and sent to Senate HJ-32
04/10/96 Senate Introduced and read first time SJ-11
04/10/96 Senate Referred to Committee on Transportation SJ-11
Indicates Matter Stricken
Indicates New Matter
AMENDED
April 3, 1996
H. 4323
Introduced by REPS. Knotts, Kinon, Lanford, Littlejohn,
Keyserling, Haskins, Vaughn, Riser, Law and Simrill
S. Printed 4/3/96--H.
Read the first time January 9, 1996.
STATEMENT OF ESTIMATED FISCAL
IMPACT
1. Estimated Cost to State-First Year$ - 0 -
2. Estimated Cost to State-Annually Thereafter$ - 0 -
The Department of Public Safety indicates there would be no
impact on the General Fund of the State.
Impact on Highway Funds: In Section 1 (B)(3), the Department
of Transportation states it would cost $66,366 from Highway Funds
to implement this legislation for highway maintenance workers-trades workers, making (sign shop), hanging (maintenance), and
printing overlays, and will enable clients to drive at a faster speed.
There are 456 signs on the interstate system and the cost of
replacing the overlays would be $145.54 each. The approximate
square footage is 15,504 at a cost of $2.81 per square foot totaling
$43,566, and an installation price per location of $22,800, for a
grand total of $66,366 non-recurring funds.
Approved By:
Michael L. Shealy
Office of State Budget
A BILL
TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED
LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED
LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES
AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING
TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM
SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE
STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE
MILES AN HOUR.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 56-5-1520 of the 1976 Code, as last
amended by Part II, Section 36R, Act 497 of 1994, is further
amended to read:
"Section 56-5-1520. (a) General rule. No(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.
In every event Speed must be so controlled as
may be necessary to avoid colliding with any a
person, vehicle, or other conveyance on or entering the highway in
compliance with legal requirements and the duty of all
persons a person to use care.
(b) Maximum speed limits.(B) Except when a
special hazard exists that requires lower speed for compliance with
paragraph (a) of this section subsection (A), the
limits specified in this section or established as hereinafter
authorized are maximum lawful speeds, and no a
person shall not drive a vehicle on a highway at a speed in
excess of these maximum limits:
(1) thirty miles an hour in any urban district;
seventy miles an hour on the interstate highway system and
other freeways where official signs giving notice of this speed limit
are posted;
(2) sixty miles an hour on multilane divided primary
highways where official signs giving notice of this speed limit are
posted; and
(3) fifty-five miles an hour in other locations or on
other sections of highways except where speeds above
fifty-five miles an hour are otherwise provided by Section
56-5-1510.
(C) Thirty miles an hour is the maximum speed in
an urban district and unpaved roads be limited to the speed of
forty-five miles per hour. `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) The maximum speed limits set forth in this section
may be altered as authorized in pursuant to Sections
56-5-1530 and 56-5-1540.
(c) When lower speeds required; penalties; citation for
violating speed limits.
(E) The driver of every a vehicle shall
drive, consistent with the requirements of paragraph
(a) subsection (A), drive 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.
(d) Any(F) 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.
(e)(G) Any 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.
(f)(H) In expending the funds credited to the
state general fund from fines generated under subsection (d)
(F), the department first shall consider the need for
additional highway patrolmen."
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 "HIGHWAY `WORK ZONE
- NO SPEEDING - TWO HUNDRED DOLLAR
$200 FINE AND THIRTY 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.
(D) The penalty imposed pursuant to subsection (C) is in
addition to all other penalties prescribed for exceeding the lawful
speed limit."
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 fifty-five seventy miles an hour,
except that speed limits above fifty-five miles an hour are required
when stipulated by Section 56-5-1510; or"
SECTION 4. The 1976 Code is amended by adding:
"Section 56-5-616. The interstate highway system
consists of the segments of highways in South Carolina in the
officially designated national system of interstate and defense
highways."
SECTION 5. The 1976 Code is amended by adding:
"Section 56-5-617. The state highway primary system
consists of a connected system of principal state highways, not to
exceed ten thousand miles, connecting centers of population,
determined by the Commission of the Department of
Transportation."
SECTION 6. The 1976 Code is amended by adding:
"Section 57-3-175. Notwithstanding any other provision
of law, a person moving or hauling a mobile home on the state's
interstate highways shall travel at a maximum speed of not more
than ten miles an hour below the posted speed limit."
SECTION 7. Section 56-5-1510 of the 1976 Code is repealed.
SECTION 8. This act takes effect upon approval by the
Governor.
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