S 0736 General Bill, By M.T. Rose
 A BILL TO AMEND SECTION 56-5-1540, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO ALTERATION OF SPEED LIMITS AND SIGNS BY LOCAL AUTHORITIES AND
 APPROVAL OF THOSE ALTERATIONS BY THE DEPARTMENT OF TRANSPORTATION, SO AS TO
 ALLOW LOCAL AUTHORITIES TO DECREASE SPEED LIMITS INSIDE AN URBAN DISTRICT
 WITHOUT THE APPROVAL OF THE DEPARTMENT.

   05/07/97  Senate Introduced and read first time SJ-4
   05/07/97  Senate Referred to Committee on Transportation SJ-4

TO AMEND SECTION 56-5-1540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALTERATION OF SPEED LIMITS AND SIGNS BY LOCAL AUTHORITIES AND APPROVAL OF THOSE ALTERATIONS BY THE DEPARTMENT OF TRANSPORTATION, SO AS TO ALLOW LOCAL AUTHORITIES TO DECREASE SPEED LIMITS INSIDE AN URBAN DISTRICT WITHOUT THE APPROVAL OF THE DEPARTMENT.

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

SECTION 1. Section 56-5-1540 of the 1976 Code is amended to read:

"Section 56-5-1540. (a) Establishing speed zones. Whenever local authorities in their respective jurisdictions determine on the basis of an engineering and traffic investigation that the maximum speed permitted under this article is greater or less than is reasonable and safe under the conditions found to exist upon a highway or part of a highway, the local authority may determine and declare a reasonable and safe maximum limit thereon which:

(1) decreases the limit at intersections; or

(2) increases the limit within an urban district but not to more than fifty-five miles an hour, except that speed limits above fifty-five miles an hour are required when stipulated by Section 56-5-1510; or

(3) decreases the limit outside an urban district, but not to less than thirty-five miles an hour; or

(4) decreases the limit inside an urban district.

(b) Setting maximum limits on arterial streets. Local authorities in their respective jurisdictions shall determine by an engineering and traffic investigation the proper maximum speed for all arterial streets and shall declare a reasonable and safe maximum limit thereon which may be greater or less than the maximum speed permitted under this article for an urban district.

(c) Signs. Any altered limit established as hereinabove authorized is effective at all times or during hours of darkness or at other times as may be determined when appropriate signs giving notice thereof are erected upon the street or highway.

(d) Approval of altered limits by Department of Transportation. Any alteration of maximum limits on state highways or extensions thereof in a municipality by local authorities is not effective until the alteration has been approved by the Department of Transportation; except as provided for in subsection (e).

(e) Local authorities may decrease the maximum limits in urban areas on highways and roadways not in the state highway system pursuant to the provisions of subsection (a) of this section. The Department of Transportation does not have to approve the new maximum limit which is effective upon the posting of appropriate signs as provided for in subsection (c) of this section.

(e) (f) Limitations on alterations. Not more than six such alterations as authorized above may be made for each mile along a street or highway, except in the case of reduced limits at intersections, and the difference between adjacent limits must not be more than ten miles an hour."

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