H 4355 General Bill, By Haskins, Bailey, Kirsh, Riser and Simrill

Similar(H 4323)
 A Bill to amend Section 56-5-1520, as amended, Code of Laws of South Carolina,
 1976, relating to to speed limits, so as to revise the maximum speed along the
 State's highways; 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.

   12/13/95  House  Prefiled
   12/13/95  House  Referred to Committee on Education and Public Works
   01/09/96  House  Introduced and read first time HJ-65
   01/09/96  House  Referred to Committee on Education and Public
                     Works HJ-65

A BILL

TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMITS, SO AS TO REVISE THE MAXIMUM SPEED ALONG THE STATE'S HIGHWAYS; 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.

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 Section 36R, Part II, Act 497 of 1994, is further amended to read:

"Section 56-5-1520. (a)(A) General rule. No 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 person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use care.

(b)(B) Maximum speed limits. Except when a special hazard exists that requires lower speed for compliance with paragraph (a) subsection (A) of this section, 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;

(2) fifty-five sixty miles an hour in other locations or on other sections except where speeds above fifty-five miles an hour are otherwise provided by Section 56-5-1510. on portions of the interstate highway system;

(3) sixty-five miles an hour on portions of the interstate highway system with a posted speed limit of fifty-five miles an hour before the enactment of the Federal National Highway System Designation Act of 1995; and

(4) seventy-five miles an hour on portions of the interstate highway system with a posted speed limit of sixty-five miles an hour before the enactment of the Federal National Highway System Designation Act of 1995.

`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.

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)(C) When lower speeds required; penalties; citation for violating speed limits. The driver of every a vehicle shall, consistent with the requirements of paragraph (a) subsection (A), shall 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)(D) Any 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)(E) Any A citation for violating the speed limits issued by any an authorized officer must note on it the rate of speed for which the citation is issued.

(f)(F) In expending the funds credited to the state general fund from fines generated under subsection (d) (D), the department first shall consider the need for additional highway patrolmen."

SECTION 2. Section 56-5-1510 of the 1976 Code is repealed.

SECTION 3. This act takes effect upon approval by the Governor.