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Current Status Bill Number:View additional legislative information at the LPITS web site.4236 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990603 Primary Sponsor:Wilkins All Sponsors:Wilkins, H. Brown, J. Brown, Cato, Hawkins and D. Smith Drafted Document Number:l:\council\bills\psd\7567som99.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Transportation Department, Traffic laws, violation enforcement; traffic control photographic system; Highways and Street History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990603 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND ARTICLE 5, CHAPTER 5 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC LAWS, BY ADDING SECTION 56-5-830 SO AS TO AUTHORIZE LOCAL GOVERNMENTS TO ADOPT ORDINANCES FOR THE CIVIL ENFORCEMENT OF CERTAIN TRAFFIC LAWS BY THE USE OF TRAFFIC CONTROL PHOTOGRAPHIC SYSTEMS; TO AMEND SECTION 14-25-45, RELATING TO THE JURISDICTION OF MUNICIPAL COURTS, SO AS TO PROVIDE FOR JURISDICTIONS OVER NONCRIMINAL CITATIONS ISSUED PURSUANT TO SECTION 56-5-830; AND TO AMEND SECTION 56-5-710, RELATING TO THE POWERS OF LOCAL AUTHORITIES TO ENFORCE TRAFFIC LAWS, SO AS TO ADD THE AUTHORITY TO ADOPT ORDINANCES FOR THE CIVIL ENFORCEMENT OF CERTAIN TRAFFIC LAWS BY THE USE OF TRAFFIC CONTROL PHOTOGRAPHIC SYSTEMS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 5, Chapter 5 of Title 56 is amended by adding:
"Section 56-5-830. (A) A traffic control photographic system is an electronic system consisting of a photographic, video, or electronic camera and a vehicle sensor installed to work in conjunction with an official traffic control device to automatically produce photographs, video, or digital images of each vehicle violating a standard traffic control statute or ordinance.
(B) Any traffic control photographic system or any device which is a part of that system, as described in subsection (A) of this section, installed on a street or highway which is a part of the state highway system must meet requirements established by the Department of Transportation. Any traffic control system installed on a municipal street must meet standards established by the local governing body and be consistent with standards set by the Department of Transportation.
(C) Local governments may adopt ordinances for the civil enforcement of Section 56-5-710 by means of a traffic control photographic system, as described in subsection (A) of this section. Notwithstanding other provisions of law, in the event that a local governing body adopts an ordinance pursuant to this section, a violation of Section 56-5-710 at a location at which a traffic control photographic system is in operation shall not be a criminal offense. An ordinance authorized by this subsection shall provide that:
(1) The owner of a vehicle shall be responsible for a violation unless the owner can furnish evidence that the vehicle was, at the time of the violation, in the care, custody, or control of another person. The owner of the vehicle shall not be responsible for the violation if the owner of the vehicle, within twenty-one days after notification of the violation, furnishes the officials or agents of the local government which issued the citation:
(a) The name and address of the person or company who leased, rented, or otherwise had the care, custody, and control of the vehicle; or
(b) An affidavit stating that the vehicle involved was, at the time, stolen or in the care, custody, or control of some person who did not have permission of the owner to use the vehicle.
(2) A violation detected by a traffic control photographic system is deemed a noncriminal violation for which a civil penalty of fifty dollars shall be assessed. No court costs, assessments, or surcharges may be assessed against the owner or driver of the vehicle and no points authorized by Section 56-1-720 may be assigned to the owner or driver of the vehicle for a violation detected by a traffic control photographic system.
(3) The owner of the vehicle shall be issued a citation which shall clearly state the manner in which the violation may be challenged, and the owner shall comply with the directions on the citation. The citation shall be processed by officials or agents of the local government and shall be forwarded by personal service or first-class mail to the address given on the motor vehicle registration. If the owner fails to pay the civil penalty or to respond to the citation within the time period specified on the citation, the owner shall have waived the right to contest responsibility for the violation, and shall be subject to a civil penalty not to exceed one hundred dollars. The local government may establish procedures for the collection of these penalties and may enforce the penalties by civil action in the nature of debt.
(4) The local governing body shall institute a nonjudicial administrative hearing to review objections to citations or penalties issued or assessed under this section."
SECTION 2. Section 14-25-45 of the 1976 Code is amended to read:
"Section 14-25-45. Each municipal court shall have jurisdiction to try all cases arising under the ordinances of the municipality for which established. The court shall also have all such powers, duties, and jurisdiction in criminal cases made under state law and conferred upon magistrates. The court shall have the power to punish for contempt of court by imposition of sentences up to limits imposed on municipal courts. The court shall have no jurisdiction in civil matters; provided however, the court has jurisdiction over noncriminal violations cited pursuant to Section 56-5-830."
SECTION 3. Section 56-5-710 of the 1976 Code is amended to read:
"Section 56-5-710. Subject to the limitations prescribed in Section 56-5-930, the provisions of this chapter shall not be deemed to prevent local authorities with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power from:
(1) regulating the standing or parking of vehicles;
(2) regulating traffic by means of police officers or traffic-control signals;
(3) regulating or prohibiting processions or assemblages on the highways;
(4) designating particular highways as one-way highways and requiring that all vehicles thereon be moved in one specific direction;
(5) regulating the speed of vehicles in public parks;
(6) designating any highway as a through highway and requiring that all vehicles stop before entering or crossing it or designating any intersection as a stop intersection and requiring all vehicles to stop at one or more entrances at such intersection;
(7) restricting the use of highways as authorized in Sections 56-5-4210 and 56-5-4220;
(8) regulating the operation of bicycles and requiring the registration and licensing of them, including the requirement of a registration fee;
(9) regulating or prohibiting the turning of vehicles or specified types of vehicles at intersections;
(10) altering the prima facie speed limits as authorized herein;
(11) adopting ordinances to use traffic control photographic systems for the civil enforcement of traffic laws pursuant to Section 56-5-830; or
(11)(12) adopting such other traffic regulations as are specifically authorized by this chapter."
SECTION 4. This act takes effect January 1, 2000, and applies to all violations detected by a traffic control photographic system committed on or after that date.
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