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COMMITTEE REPORT
February 18, 2004
H. 3778
Introduced by Reps. Herbkersman, Bailey, Bowers, Ceips, Clark, Clemmons, Duncan, Gilham, Haskins, J. Hines, Hinson, Hosey, Littlejohn, Lloyd, Lourie, Mahaffey, Merrill, Miller, Moody-Lawrence, J.H. Neal, Pinson, E.H. Pitts, Richardson, Rivers, Sandifer, Scarborough, Simrill, Sinclair, Snow, Toole, Umphlett, Vaughn, Viers, White and Whitmire
S. Printed 2/18/04--H. [SEC 2/19/04 4:25 PM]
Read the first time March 12, 2003.
To whom was referred a Bill (H. 3778) to amend Section 56-5-1210, as amended, Code of Laws of South Carolina, 1976, relating to duties of a driver of a vehicle involved in an accident, etc., respectfully
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. Section 56-5-1210 of the 1976 Code, as last amended by Act 398 of 1996, is further amended to read:
"Section 56-5-1210. (A) The driver of a vehicle involved in an accident or a collision resulting in injury to or the death of a person immediately shall stop the vehicle at the scene of the accident or collision or as close to it as possible. He then shall return to and in every event shall remain at the scene of the accident or collision until he has fulfilled the requirements of Section 56-5-1230. The stop must be made without obstructing traffic more than is necessary. A person who fails to stop or to comply with the requirements of this section, is guilty of:
(1) a misdemeanor and, upon conviction, must be imprisoned not less than thirty days nor more than one year or fined not less than one hundred dollars nor more than five thousand dollars, or both, when injury results but great bodily injury or death does not result;
(2) a felony and, upon conviction, must be imprisoned not less than thirty days nor more than ten years and fined not less than five thousand dollars nor more than ten thousand dollars when great bodily injury results; or
(3) a felony and, upon conviction, must be imprisoned not less than one year nor more than twenty-five years and fined not less than ten thousand dollars nor more than twenty-five thousand dollars when death results.
(B) Law enforcement officers or authorized employees of the Department of Transportation may move or have removed from the traveled way all disabled vehicles and vehicles involved in an accident or a collision and any debris caused by motor vehicle traffic collisions where it can be accomplished safely and will result in the improved safety or traffic flow upon the road however, where a vehicle has been involved in an accident or collision resulting in great bodily injury or death to a person, the vehicle shall not be moved until it is authorized by the investigating law enforcement officer. The State, its political subdivisions, and its officers and employees are not liable for any damages to vehicles that result from the removal unless the removal was carried out in a reckless or grossly negligent manner. The vehicle owner and any driver or carrier of a vehicle removed under this subsection shall bear all reasonable costs of removal.
Nothing in this section shall bar recovery from an at fault party when the accident or collision was caused by the actions of that party.
(C) As used in this section, 'great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of a bodily member or organ.
(C)(D) The department shall revoke the driver's license of the person convicted pursuant to this section."
SECTION 2. Section 56-5-1220 of the 1976 Code, as last amended by Act 398 of 1996, is further amended to read:
"Section 56-5-1220. (A) The driver of a vehicle involved in an accident or a collision resulting only in damage to a vehicle which is driven or attended by a person immediately shall stop the vehicle at the scene of the accident or collision or as close to it as possible, but shall return to and in every event shall remain at the scene of the accident or collision until he has fulfilled the requirements of Section 56-5-1230. The stop must be made without obstructing traffic. A person who fails to stop or comply with the requirements of this section subsection is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not less than one hundred dollars nor more than five thousand dollars, or both.
(B) If a disabled vehicle or a vehicle involved in an accident or a collision resulting only in damage to a vehicle is obstructing traffic, the driver of the vehicle shall make every reasonable effort to move any vehicle that is capable of being driven safely off the roadway as defined by Section 56-5-460 so as not to block the flow of traffic. The driver or any other person who has moved a motor vehicle to facilitate the flow of traffic as provided in this subsection before the arrival of a law enforcement officer shall not be considered liable or at fault regarding the cause of the accident or collision solely by reason of moving the vehicle pursuant to this section.
(C) State an local authorities may erect signs along highways and streets that instruct the public that the driver of a disabled vehicle or a vehicle involved in an accident or a collision resulting only in damage to vehicles shall make every reasonable effort to move any vehicle that is capable of being driven off the roadway."
SECTION 3. Section 56-5-4100 of the 1976 Code is amended to read:
"Section 56-5-4100. (A) No vehicle may be driven or moved on any public highway unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping from the vehicle, except that sand, salt, or other chemicals may be dropped for the purpose of securing traction, and water or other substance may be sprinkled on a roadway in the cleaning or maintaining of the roadway by the public authority having jurisdiction.
(B) Trucks, trailers, or other vehicles when loaded with rock, gravel, stone, or other similar substances which could blow, leak, sift, or drop must not be driven or moved on any highway unless the height of the load against all four walls does not extend above a horizontal line six inches below their tops when loaded at the loading point; or, if the load is not level, unless the height of the sides of the load against all four walls does not extend above a horizontal line six inches below their tops, and the highest point of the load does not extend above their tops, when loaded at the loading point; or, if not so loaded, unless the load is securely covered by tarpaulin or some other suitable covering; or unless it is otherwise constructed so as to prevent any of its load from dropping, sifting, leaking, blowing, or otherwise escaping from the vehicle. This subsection also includes the transportation of garbage or waste materials to locations for refuse in this State.
(C) The loader of the vehicle and the driver of the vehicle, in addition to complying with the other provisions of this section, shall sweep or otherwise remove any loose gravel or similar material from the running boards, fenders, bumpers, or other similar exterior portions of the vehicle before it is moved on a public highway.
(D) Any person operating a vehicle from which any glass or objects substances or cargo, excluding water, have fallen or escaped, which would constitute an obstruction or injure a vehicle or otherwise endanger travel upon the public highway, shall make every reasonable effort to immediately cause the public highway to be cleaned of all glass or objects substances and shall pay any costs for the cleaning.
If the person immediately does not cause the public highway to be cleaned, the Department of Transportation or any law enforcement officer may, without the consent of the owner or carrier of the substance or cargo, remove or have removed the substance from the public highway if the substance or cargo is blocking the public highway or endangering public safety. The State, its political subdivisions and their officers and employees are not liable for any damages to the substance or cargo that may result from the removal or the removal or the disposal of the substance or cargo unless the removal or disposal was carried out recklessly or in a grossly negligent manner. The State, its political subdivisions, and their officers and employees are not liable for any damages or claims of damages that may result from the failure to exercise any authority granted under this section. The owner, driver of the vehicle, or carrier of the substance or cargo removed under this subsection shall bear all reassonable costs of its removal and subsequent storage or disposition.
Nothing in this section bars recovery from an at fault party when the spill was caused by the actions of that party.
(E) Any person who violates the provisions of subsections (B), (C), or (D), is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars.
(F) The provisions of this section are not applicable to and do not restrict the transportation of seed cotton, soybeans, tobacco, poultry, livestock or silage, or other feed grain used in the feeding of poultry or livestock or of paper, wastepaper utilized for the manufacture of industrial products, paper products, forest products, or textile products.
(G) The provisions contained in this section are applicable statewide. No other governmental entity may enact or enforce conflicting ordinances or impose more stringent requirements than those contained in this section."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
TO AMEND SECTION 56-5-1210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF A DRIVER OF A VEHICLE INVOLVED IN AN ACCIDENT RESULTING IN INJURY TO OR THE DEATH OF A PERSON, SO AS TO DELETE THE PHRASE "IN EVERY EVENT" AS IT REFERS TO INSTANCES IN WHICH A DRIVER INVOLVED IN AN ACCIDENT SHALL REMAIN AT THE SCENE OF THE ACCIDENT, TO DELETE THE PHRASE "MORE THAN IS NECESSARY" AS IT REFERS TO A DRIVER INVOLVED IN AN ACCIDENT MAKING A STOP WITHOUT OBSTRUCTING TRAFFIC, AND TO PROVIDE THAT STATE AND LOCAL AUTHORITIES MAY ERECT SIGNS ALONG HIGHWAYS AND STREETS THAT INFORM THE PUBLIC THAT A STOP MADE PURSUANT TO THIS SECTION MUST BE MADE WITHOUT OBSTRUCTING TRAFFIC; AND TO AMEND SECTION 56-5-1220, AS AMENDED, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DAMAGE TO A VEHICLE WHICH IS DRIVEN OR ATTENDED BY A PERSON, SO AS TO DELETE THE PHRASE "IN EVERY EVENT" AS IT REFERS TO INSTANCES IN WHICH A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DAMAGE TO CERTAIN VEHICLES SHALL REMAIN AT THE SCENE OF THE ACCIDENT, TO DELETE THE PHRASE "MORE THAN IS NECESSARY" AS IT REFERS TO A DRIVER INVOLVED IN AN ACCIDENT MAKING A STOP WITHOUT OBSTRUCTING TRAFFIC, AND PROVIDE THAT STATE AND LOCAL AUTHORITIES MAY ERECT SIGNS ALONG HIGHWAYS AND STREETS THAT INFORM THE PUBLIC THAT A STOP MADE PURSUANT TO THIS SECTION MUST BE MADE WITHOUT OBSTRUCTING TRAFFIC.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-1210 of the 1976 Code, as last amended by Act 398 of 1996, is further amended to read:
"Section 56-5-1210. (A) The driver of a vehicle involved in an accident resulting in injury to or the death of a person immediately shall stop the vehicle at the scene of the accident or as close to it as possible. He then shall return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 56-5-1230. The stop must be made without obstructing traffic more than is necessary. A person who fails to stop or to comply with the requirements of this section, is guilty of:
(1) a misdemeanor and, upon conviction, must be imprisoned not less than thirty days nor more than one year or fined not less than one hundred dollars nor more than five thousand dollars, or both, when injury results but great bodily injury or death does not result;
(2) a felony and, upon conviction, must be imprisoned not less than thirty days nor more than ten years and fined not less than five thousand dollars nor more than ten thousand dollars when great bodily injury results; or
(3) a felony and, upon conviction, must be imprisoned not less than one year nor more than twenty-five years and fined not less than ten thousand dollars nor more than twenty-five thousand dollars when death results.
(B) As used in this section, 'great bodily injury' means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of a bodily member or organ.
(C) The department shall revoke the driver's license of the person convicted pursuant to this section.
(D) State and local authorities may erect signs along highways and streets that inform the public that the driver of a vehicle involved in an accident resulting in injury to or the death of a person shall stop the vehicle at the scene of the accident or as close to the accident as possible without obstructing traffic."
SECTION 2. Section 56-5-1220 of the 1976 Code, as last amended by Act 398 of 1996, is further amended to read:
"Section 56-5-1220. (A) The driver of a vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by a person immediately shall stop the vehicle at the scene of the accident or as close to it as possible, but shall return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 56-5-1230. The stop must be made without obstructing traffic more than is necessary. A person who fails to stop or comply with the requirements of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not less than one hundred dollars nor more than five thousand dollars, or both.
(B) State and local authorities may erect signs along highways and streets that inform the public that the driver of a vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by a person immediately shall stop the vehicle at the scene of the accident or as close to it as possible without obstructing traffic."
SECTION 3. This act takes effect upon approval by the Governor.
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