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Current Status Bill Number:View additional legislative information at the LPITS web site.111 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20010110 Primary Sponsor:Land All Sponsors:Land, Rankin Drafted Document Number:l:\council\bills\ggs\22743cm01.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Safety belts, mandatory enforcement of; driver responsibility, fine revised, violations; Motor Vehicles, Courts History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20010130 Committed to Committee 11 SJ Senate 20010130 Recalled from Committee 15 ST Senate 20010110 Introduced, read first time, 15 ST referred to Committee Versions of This Bill
TO AMEND SECTION 56-5-6520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY USE OF SAFETY BELTS, SO AS TO DELETE THE PROVISION THAT CHARGES A MOTOR VEHICLE DRIVER WITH THE RESPONSIBILITY OF REQUIRING EACH OCCUPANT OVER SIX AND UNDER SEVENTEEN YEARS OF AGE TO WEAR A SAFETY BELT, AND PROVIDE THAT A MOTOR VEHICLE DRIVER IS CHARGED WITH THE RESPONSIBILITY OF REQUIRING EACH OCCUPANT TO WEAR A SAFETY BELT OR OTHER CHILD RESTRAINT SYSTEM; TO AMEND SECTION 56-5-6530, RELATING TO EXCEPTIONS TO THE MANDATORY USE OF SAFETY BELT REQUIREMENT, SO AS TO DELETE THE PROVISION THAT EXEMPTS CERTAIN CHILDREN FROM THE MANDATORY USE OF SAFETY BELT REQUIREMENT IF THEY ARE OTHERWISE PROPERLY RESTRAINED; TO AMEND SECTION 56-5-6540, RELATING TO PENALTIES IMPOSED FOR VIOLATING AND THE ENFORCEMENT OF THE MANDATORY USE OF SAFETY BELT REQUIREMENT, SO AS TO REVISE THE FINE AND WHO IT MAY BE IMPOSED UPON FOR VIOLATING THE MANDATORY USE OF SAFETY BELT REQUIREMENT, TO PROVIDE FOR PRIMARY ENFORCEMENT OF THE MANDATORY USE OF SAFETY BELT REQUIREMENT, AND DELETE THE PROVISION THAT STATES THAT A VIOLATION OF THE MANDATORY USE OF SAFETY BELT REQUIREMENT DOES NOT CONSTITUTE NEGLIGENCE PER SE OR CONTRIBUTORY NEGLIGENCE; AND BY ADDING SECTION 56-5-6545 SO AS TO PROVIDE THAT EVIDENCE OF A VIOLATION OF THE MANDATORY USE OF SAFETY BELT REQUIREMENT MAY BE ADMISSIBLE IN A CIVIL SUIT TO BE CONSIDERED BY THE JURY OR JUDGE ON THE ISSUE OF THE COMPARATIVE NEGLIGENCE OF THE VIOLATOR.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. 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 in Article 47."
SECTION 2. Section 56-5-6530 of the 1976 Code is amended to read:
"Section 56-5-6530. The provisions of this article do not apply to:
(1) a driver or occupant who possesses a written verification from a physician that he is unable to wear a safety belt for physical or medical reasons;
(2) medical or rescue personnel attending to injured or sick individuals in an emergency vehicle when operating in an emergency situation as well as the injured or sick individuals;
(3) school, church, or daycare buses;
(4) public transportation vehicles except taxis;
(5) occupants of vehicles in parades;
(6) United States mail carriers;
(7) an occupant for which no safety belt is available because all belts are being used by other occupants;
(8) a driver or occupant frequently stopping or leaving a motor vehicle for pick up or delivery purposes;
(9) occupants of the back seat of a motor vehicle unless the vehicle is equipped with a shoulder harness in addition to the 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 3. Section 56-5-6540 of the 1976 Code is amended to read:
"Section 56-5-6540. (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 must be assessed against the driver. A fine imposed pursuant to this section against an occupant of the vehicle who is eighteen years of age or older for failing to wear a safety belt must be assessed against that occupant. A fine imposed pursuant to this section against an occupant under the age of eighteen for failing to wear a safety belt must be assessed against the driver if he is eighteen years of age or older. However, the total fine assessed against a driver for any incident must be not 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 the provisions contained in 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 not restrained as required by this article. A vehicle, operator of a vehicle, or passenger in a vehicle may not 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 4. The 1976 Code is amended by adding:
"Section 56-5-6545. Evidence of the violation of a provision contained in this article may be admissible in a civil suit to be considered by the jury or judge on the issue of the comparative negligence of the violator."
SECTION 5. This act takes effect upon approval by the Governor.
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