S 760 Session 112 (1997-1998)
S 0760 General Bill, By Peeler, Ryberg, Waldrep and Wilson
Similar(H 3173)
A BILL TO AMEND SECTION 56-5-1520, 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.
05/15/97 Senate Introduced and read first time SJ-7
05/15/97 Senate Referred to Committee on Transportation SJ-7
A BILL
TO AMEND SECTION 56-5-1520, 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.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 56-5-1520 of the 1976 Code is 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 56-5-1540(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 3. 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 4. Section 56-5-1510 of the 1976 Code is repealed.
SECTION 5. This act takes effect upon approval by the Governor.
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