H 3150 Session 112 (1997-1998)
H 3150 General Bill, By Haskins, J.M. Baxley, Knotts, Leach, Loftis, Robinson and
Scott
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS
56-5-616 AND 56-5-617 SO AS TO DEFINE THE HIGHWAYS ENCOMPASSING THE INTERSTATE
HIGHWAY SYSTEM AND THE STATE HIGHWAY PRIMARY SYSTEM; TO AMEND SECTION
56-5-1520,AS AMENDED, RELATING TO SPEED LIMITS, SO AS TO REVISE THE SPEED
LIMITS ALONG THE STATE'S HIGHWAYS; TO AMEND SECTION 56-5-1535, AS AMENDED,
RELATING TO SPEEDING IN WORK ZONES, SO AS TO REVISE THE LANGUAGE ON SIGNS
POSTED IN A WORK ZONE AND TO PROVIDE THAT THE PENALTY CONTAINED ON SIGNS
POSTED IN A WORK ZONE ARE IN ADDITION TO OTHER PENALTIES FOR SPEEDING; TO
AMEND SECTION 56-5-1540, RELATING TO THE ALTERATION OF SPEED LIMITS BY LOCAL
AUTHORITIES, SO AS TO REVISE THE MAXIMUM SPEED LIMIT IN AN URBAN DISTRICT; 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.
01/08/97 House Prefiled
01/08/97 House Referred to Committee on Education and Public Works
01/14/97 House Introduced and read first time HJ-62
01/14/97 House Referred to Committee on Education and Public
Works HJ-62
02/18/98 House Committee report: Favorable with amendment
Education and Public Works HJ-8
02/19/98 House Member(s) added as co-sponsor(s): Rep(s) Knotts &
Scott HJ-8
02/24/98 House Requests for debate-Rep(s). Walker, Stuart,
Kennedy, Littlejohn, Leach, Loftis, McMahand, R.
Smith, Mason, Beck, Barrett, Sandifer,
Moody-Lawrence, Townsend & Scott HJ-37
02/24/98 House Member(s) added as co-sponsor(s): Rep(s) Baxley HJ-24
02/25/98 House Member(s) added as co-sponsor(s): Rep(s) Leach &
Loftis HJ-25
03/11/98 House Requests for debate removed-Rep(s). McMahand,
Loftis, Leach, Mason & R. Smith HJ-21
03/11/98 House Amended HJ-42
03/11/98 House Read second time HJ-47
03/11/98 House Roll call Yeas-101 Nays-11 HJ-47
03/12/98 House Read third time and sent to Senate HJ-23
03/17/98 Senate Introduced and read first time SJ-10
03/17/98 Senate Referred to Committee on Transportation SJ-10
04/02/98 Senate Committee report: Favorable with amendment
Transportation SJ-21
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 2, 1998
H. 3150
Introduced by Reps. Haskins, Robinson, Knotts, Scott, Baxley, Leach
and Loftis
S. Printed 4/2/98--S.
Read the first time March 17, 1998.
THE COMMITTEE ON TRANSPORTATION
To whom was referred a Bill (H. 3150), to amend the Code of Laws
of South Carolina, 1976, by adding Sections 56-5-616 and 56-5-617
so as to define the highways encompassing the interstate, etc.,
respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting
words and inserting:
/SECTION 1. 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 2. 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 3. 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;
(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.;
(4) manufactured, modular, or mobile homes must
not be transported at a speed in excess of ten miles below the posted
speed limit when the posted speed limit is in excess of forty-five
miles an hour, and never in excess of fifty-five miles an hour.
(C) Thirty miles an hour is the maximum speed in an
urban district and unpaved roads are limited to the speed of forty-five
miles an 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) A local authority on the basis of an engineering and traffic
investigation may determine that the maximum speed limit permitted
under this article is less than thirty miles an hour in an urban district.
If this determination is made, the maximum speed limit for the urban
district is enforceable by all law enforcement officers authorized to
enforce the traffic laws in the urban district. However, this
subsection does not apply to highways within the state highway
system contained in Section 56-5-1530.
(E) 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.
(F) 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(G) 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)(H) 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)(I) 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 4. 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 or THIRTY 30
DAYS, or both, 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 5. 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 6. Section 56-5-1510 of the 1976 Code is repealed.
SECTION 7. Section 56-5-6520 of the 1976 Code is amended
to read:
"Section 56-5-6520. The driver and every
each occupant of a motor vehicle, when it is being operated
on the public streets and highways of this State, shall wear a fastened
safety belt which complies with all provisions of federal law for their
use. The driver is charged with the responsibility of requiring each
occupant over six and under seventeen years of age to wear
a safety belt or other child restraint system as provided for in
Article 47."
SECTION 8. Section 56-5-6530(9) and (10) of the 1976 Code are
amended to read:
"(9) occupants of the back seat of a motor vehicle unless the
vehicle is equipped with a shoulder harness in addition to a lap
belt;.
(10) children under six years of age who must be properly
restrained as provided by Article 47, Chapter 5 of Title
56."
SECTION 9. Section 56-5-6540 of the 1976 Code is amended
to read:
"(A) A person violating the provisions of this article, upon
conviction, must be fined not more than ten fifteen
dollars, all or part of which may be suspended. No court costs,
assessments or surcharges may be assessed against the person
convicted. No person may be fined more than twenty dollars for
any one incident of one or more violations of the provisions of this
article. A fine imposed pursuant to this section against the
driver for failing to wear a safety belt shall be assessed against the
driver. A fine imposed pursuant to this section against an occupant
of the vehicle eighteen years of age or older for failing to wear a
safety belt shall be assessed against that occupant. A fine imposed
pursuant to this section against an occupant or occupants under the
age of eighteen for failing to wear a safety belt shall be assessed
against the driver if he is eighteen years of age or older; however, the
total fine assessed against a driver for any one incident shall be no
more than twenty-five dollars. No custodial arrest for a violation
of this article may be made, except upon a warrant issued for failure
to appear in court when summoned or for failure to pay an imposed
fine. A conviction for violation of this article does not constitute
a criminal offense. Notwithstanding Section 56-1-540, a
conviction for a violation of this article must not be included in the
offender's motor vehicle records maintained by the Department of
Public Safety or in the criminal records maintained by SLED.
(B) A law enforcement officer may not stop and issue
a citation to a driver for a violation of this article when the
stop is made in conjunction with another violation of the motor
vehicle laws or in the absence of another violation of the motor
vehicle laws except when the stop is made in conjunction with a
driver's license check or registration check conducted at a checkpoint
established to stop all drivers on a certain road for a period of time.
A citation for a violation of this article must not be issued without
citing the violation that initially caused the officer to effect the
enforcement stop when:
(1) An occupant of the motor vehicle is not wearing a
safety belt or other child restraint system as required by Article 47;
or
(2) the stop is made at a lawful checkpoint.
Probable cause for a violation of this article must be based upon a
law enforcement officer's clear and unobstructed view of a person or
persons not restrained as required by this article. No vehicle,
operator of a vehicle, or passenger in a vehicle may be searched
solely as a result of a violation of this article.
(C) A violation of this article does not constitute negligence per
se or contributory negligence and The failure to wear a safety
belt is not admissible as evidence in a civil action."
SECTION 10. Sections 1, 2, 3, 4, 5, and 6 of this act take effect
upon approval by the Governor and Sections 7, 8 and 9 of this act
take effect six months after approval by the Governor./
Amend title to conform.
JOHN C. LAND, III, for Committee.
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTIONS 56-5-616 AND 56-5-617 SO AS TO
DEFINE THE HIGHWAYS ENCOMPASSING THE INTERSTATE
HIGHWAY SYSTEM AND THE STATE HIGHWAY PRIMARY
SYSTEM; TO AMEND SECTION 56-5-1520, AS AMENDED,
RELATING TO SPEED LIMITS, SO AS TO REVISE THE SPEED
LIMITS ALONG THE STATE'S HIGHWAYS; TO AMEND
SECTION 56-5-1535, AS AMENDED, RELATING TO SPEEDING
IN WORK ZONES, SO AS TO REVISE THE LANGUAGE ON
SIGNS POSTED IN A WORK ZONE AND TO PROVIDE THAT
THE PENALTY CONTAINED ON SIGNS POSTED IN A WORK
ZONE ARE IN ADDITION TO OTHER PENALTIES FOR
SPEEDING; TO AMEND SECTION 56-5-1540, RELATING TO
THE ALTERATION OF SPEED LIMITS BY LOCAL
AUTHORITIES, SO AS TO REVISE THE MAXIMUM SPEED
LIMIT IN AN URBAN DISTRICT; 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. 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 2. 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 3. 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;
(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.;
(4) manufactured, modular, or mobile homes must
not be transported at a speed in excess of ten miles below the posted
speed limit when the posted speed limit is in excess of forty-five
miles an hour, and never in excess of fifty-five miles an hour.
(C) Thirty miles an hour is the maximum speed in an
urban district and unpaved roads are limited to the speed of forty-five
miles an 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) A local authority on the basis of an engineering and traffic
investigation may determine that the maximum speed limit permitted
under this article is less than thirty miles an hour in an urban district.
If this determination is made, the maximum speed limit for the urban
district is enforceable by all law enforcement officers authorized to
enforce the traffic laws in the urban district. However, this
subsection does not apply to highways within the state highway
system contained in Section 56-5-1530.
(E) 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.
(F) 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(G) 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)(H) 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)(I) 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 4. 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 or THIRTY 30
DAYS, or both 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 5. 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 6. Section 56-5-1510 of the 1976 Code is repealed.
SECTION 7. This act takes effect upon approval by the Governor.
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