H 3146 General Bill, By Lourie, J.E. Smith, Freeman, Neilson, Robinson, Webb, 
Mack, Cotty, Talley, Littlejohn, Simrill, J. Hines, J.M. Neal, Emory, Bales, 
Miller, Campsen, Altman, Whatley, Lloyd, Bowers, M. Hines, Weeks, Rivers, Hosey, 
G.M. Smith, D. Owens, Harvin, McLeod, Sinclair, Thompson, Govan and Martin
 A BILL TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE ESTABLISHMENT OF MAXIMUM SPEED LIMITS ALONG THE STATE'S
 HIGHWAYS, SO AS TO PROVIDE PENALTIES FOR A PERSON WHO VIOLATES THE SPEED
 LIMITS ESTABLISHED IN ZONES WHERE THE POSTED MAXIMUM SPEED LIMIT IS AT LEAST
 FIFTY-FIVE MILES AN HOUR WHILE DRIVING A COMMERCIAL MOTOR VEHICLE WHICH
 REQUIRES THE DRIVER TO POSSESS A COMMERCIAL DRIVER'S LICENSE.

   12/20/00  House  Prefiled
   12/20/00  House  Referred to Committee on Education and Public Works
   01/09/01  House  Introduced and read first time HJ-69
   01/09/01  House  Referred to Committee on Education and Public
                     Works HJ-69
   02/21/01  House  Committee report: Favorable with amendment
                     Education and Public Works HJ-2
   02/27/01  House  Requests for debate-Rep(s). Barrett, Sandifer,
                     Littlejohn, Knotts, Bales, Altman, Tripp,
                     Loftis, Law, Gourdine and Davenport HJ-10
   02/28/01  House  Requests for debate removed-Rep(s). Sandifer and
                     Barrett HJ-19
   02/28/01  House  Requests for debate removed-Rep(s). Bales,
                     Littlejohn, Gourdine, Law and Loftis HJ-19
   02/28/01  House  Amended HJ-19
   02/28/01  House  Debate interrupted HJ-22
   02/28/01  House  Read second time HJ-25
   03/01/01  House  Read third time and sent to Senate HJ-7
   03/06/01  Senate Introduced and read first time SJ-18
   03/06/01  Senate Referred to Committee on Judiciary SJ-18

Indicates New Matter

AMENDED

February 28, 2001

    H. 3146

Introduced by Reps. Lourie, J.E. Smith, Freeman, Neilson, Robinson, Webb, Mack, Cotty, Talley, Littlejohn, Simrill, J. Hines, J.M. Neal, Emory, Bales, Miller, Campsen, Altman, Whatley, Lloyd, Bowers, M. Hines, Weeks, Rivers, Hosey, G.M. Smith, Owens, Harvin McLeod, Sinclair, Thompson, Govan and Martin

S. Printed 2/28/01--H.

Read the first time January 9, 2001.

TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF MAXIMUM SPEED LIMITS ALONG THE STATE'S HIGHWAYS, SO AS TO PROVIDE PENALTIES FOR A PERSON WHO VIOLATES THE SPEED LIMITS ESTABLISHED IN ZONES WHERE THE POSTED MAXIMUM SPEED LIMIT IS AT LEAST FIFTY-FIVE MILES AN HOUR WHILE DRIVING A COMMERCIAL MOTOR VEHICLE WHICH REQUIRES THE DRIVER TO POSSESS A COMMERCIAL DRIVER'S LICENSE.

    Amend Title To Conform

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 Act 17 of 1999, is further amended to read:

    "Section 56-5-1520.    (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. Speed must be so controlled to avoid colliding with a person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of a person to use care.

    (B)    Except when a special hazard exists that requires lower speed for compliance with subsection (A), the limits specified in this section or established as hereinafter authorized are maximum lawful speeds, and a person shall not drive a vehicle on a highway at a speed in excess of these maximum limits:

        (1)    seventy miles an hour on the interstate highway system and other freeways where official signs giving notice of this speed 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 and unpaved roads are limited to the speed of forty miles an hour; and

        (4)    manufactured, modular, or mobile homes must not be transported at a speed in excess of ten miles below the maximum posted speed limit when the maximum 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. '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 pursuant to Sections 56-5-1530 and 56-5-1540.

    (F)    The driver of a vehicle shall drive, consistent with the requirements of subsection (A), 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.

    (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 not less than 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 not less than 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.

    (H)    A person violating the speed limits established in zones where the posted maximum speed limit is at least fifty-five miles an hour while driving a commercial motor vehicle, as defined by Section 56-1-2030(4), which requires the driver to possess a commercial driver's license is guilty of a misdemeanor and, upon conviction for a first offense, must be fined as follows:

        (1)    in excess of the posted limit but not in excess of ten miles an hour by a fine of not less than twenty dollars nor more than thirty-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 thirty-five dollars nor more than seventy-five dollars;

        (3)    not less than fifteen miles an hour but less than twenty miles an hour above the posted limit by a fine of not less than seventy-five dollars nor more than one hundred twenty-five dollars; and

        (4)    not less than twenty miles an hour above the posted limit by a fine of not less than one hundred twenty-five dollars nor more than three hundred dollars or imprisoned for not more than thirty days, and lose his privilege to drive for six months.

    Penalties contained in this subsection are in lieu of any other penalties imposed upon a driver of a commercial motor vehicle exceeding the speed limit in a zone where the maximum speed limit is fifty-five miles an hour.

    Within sixty (60) days of the signature by the Governor, these penalties and fines must be posted at the zero-mile point where all U. S. highways and interstate highways enter the State and at the intersection of interstate highways within the State.

    Of amounts credited to the general fund of the state from assessments imposed on fines assessed pursuant to subsection (H) of this section, the first fifty thousand dollars must be used to reimburse the Department of Transportation for the signage required by this subsection. Thereafter, the balance of these assessments credited to the general fund of the state must be used for the operations of the transport police.

    (I)    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.

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

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