H 3173 Session 112 (1997-1998)
H 3173 General Bill, By Knotts, Bauer, Haskins and Robinson
Similar(S 760)
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.
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-70
01/14/97 House Referred to Committee on Education and Public
Works HJ-70
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.
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;
(2) fifty-five 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; and
(3) seventy miles an hour on portions of the interstate
highway system.
'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) When lower speeds required; penalties; citation for
violating speed limits.(C) 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(D) 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) Any(E) 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)(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.
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