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H. 3939
STATUS INFORMATION
General Bill
Sponsors: Rep. Scarborough
Document Path: l:\council\bills\swb\5264cm07.doc
Introduced in the House on April 19, 2007
Currently residing in the House Committee on Judiciary
Summary: Traffic laws
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/19/2007 House Introduced and read first time HJ-2 4/19/2007 House Referred to Committee on Judiciary HJ-2
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-830 SO AS TO PROVIDE FOR THE CIVIL ENFORCEMENT OF CERTAIN TRAFFIC LAWS BY THE USE OF TRAFFIC CONTROL SIGNAL MONITORING DEVICES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 5, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-830. As used in this article:
(1) 'Agency' means:
(a) for a traffic control signal operated and maintained at an intersection under the control of the State, the law enforcement agency primarily responsible for traffic control at that intersection; or
(b) for a traffic control signal operated and maintained at an intersection under the control of a political subdivision, a law enforcement agency of the political subdivision that is authorized to issue citations for a violation of a state law or a local traffic ordinance.
(2) 'Owner' means the registered owner of a motor vehicle or a lessee of a motor vehicle under a lease of six months or more. Owner does not include a motor vehicle rental or leasing company. (3) 'Recorded images' means images recorded by a traffic control signal monitoring system on: two or more photographs; two or more microphotographs; two or more electronic images; videotape; or any other medium.
In addition a recorded image must show the rear of a motor vehicle and, on at least one image or portion of tape, clearly identifying the license plate number of the motor vehicle.
(4) 'Traffic control signal monitoring system' means a device with one or more motor vehicle sensors working in conjunction with a traffic control signal to produce recorded images of motor vehicles entering an intersection against a red signal indication.
Section 56-5-840. (A) The agency primarily responsible for traffic control at an intersection monitored by a traffic control signal monitoring system shall ensure that the length of time that a traffic control signal displays a yellow light before changing to a red signal indication is set in accordance with regulations adopted by the Department of Transportation consistent with standards or guidelines established by the Federal Highway Administration.
(B) Unless the driver of the motor vehicle received a citation from a law enforcement officer at the time of the violation, the owner or the driver of a motor vehicle is subject to a civil penalty if the motor vehicle is recorded by a traffic control signal monitoring system while being operated in violation of this article.
(C) A person who violates a provision of this section is guilty of a civil violation and must not be fined more than one hundred dollars.
(D) A citation issued pursuant to this section must include:
(1) the name and address of the registered owner of the vehicle;
(2) the registration number of the motor vehicle involved in the violation;
(3) the violation charged;
(4) the location of the intersection;
(5) the date and time of the violation;
(6) a copy of the recorded image;
(7) the amount of the civil penalty imposed and the date by which the civil penalty should be paid;
(8) a signed statement by a technician employed by the agency that, based on inspection of recorded images, shows that the motor vehicle was being operated in violation;
(9) a statement that recorded images are evidence of a violation of this section; and
(10) information advising the person alleged to be liable under this section:
(a) of the manner and time in which liability as alleged in the citation may be contested; and
(b) that warns failure to pay the civil penalty or to contest liability in a timely manner is an admission of liability and may result in suspension of the motor vehicle's registration.
(E) The agency may mail a warning notice in lieu of a citation to the owner liable under subsection (B) of this section.
(F) Except as provided in subsection (N)(2)of this section, a citation issued under this section must be mailed no later than two weeks after the alleged violation.
(G) An agency may not mail a citation to a person who is not an owner of the vehicle.
(H) A person who receives a citation pursuant to this section may:
(1) pay the civil penalty, in accordance with instructions on the citation; or
(2) elect to stand trial for the alleged violation.
(I) A certificate alleging that a violation of this section has occurred, sworn to or affirmed by a duly authorized agent of the agency, based on inspection of recorded images produced by a traffic control signal monitoring system, is evidence of the facts contained in it and is admissible in any proceeding alleging a violation under this section.
(J) Adjudication of liability must be based on a preponderance of evidence.
(K) The court may consider in defense of a violation:
(1) that the driver of the vehicle passed through the intersection in violation of this section:
(a) in order to yield the right-of-way to an emergency vehicle; or
(b) as part of a funeral procession;
(2) that the motor vehicle or license plate of the motor vehicle were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation;
(3) that at the time and place of the alleged violation, the traffic control signal was not in proper position and legible enough to be seen by an ordinarily observant individual;
(4) that the person named in the citation was not operating the vehicle at the time of the violation; and
(5) any other issues and evidence that the court considers pertinent.
(L) In order to demonstrate that the motor vehicle or its license plate was stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation, the owner must submit proof that a police report about the stolen motor vehicle or license plate was filed in a timely manner.
(M) To satisfy the evidentiary burden under subsection (K)(4) of this section, the person named in the citation must present to the court evidence to the satisfaction of the court of who was operating the vehicle at the time of the violation, including, at a minimum, the operator's name and current address.
(N)(1) Notwithstanding another provision of this section, to satisfy the evidentiary burden contained in subsection (K)(4) of this section, a person named in a citation issued to the owner of a vehicle with a registered weight of 26,001 pounds or more, truck-tractor, semi-trailer, a vehicle operated in combination with a truck-tractor, or a bus may provide to the court a letter, sworn to or affirmed by the person and mailed by certified mail, return receipt requested, that:
(a) states that the person named in the citation was not operating the vehicle at the time of the violation; and
(b) provides the name, address, and driver's license identification number of the person who was operating the vehicle at the time of the violation.
(2) If the court finds that the person named in the citation was not operating the vehicle at the time of the violation or receives evidence that identifies the person driving the vehicle at the time of the violation, the clerk of court shall provide to the agency issuing the citation a copy of any evidence substantiating who was operating the vehicle at the time of the violation.
(3) Upon the receipt of substantiating evidence from the court, an agency may issue a citation to the person that the evidence indicates was operating the vehicle at the time of the violation.
(4) The citation must be mailed no later than two weeks after receipt of the evidence from the court.
(O) If a civil penalty levied pursuant to this section is not paid and the violation is not contested, the Department of Motor Vehicles may refuse to register, reregister, or may suspend the registration of the motor vehicle.
(P) A violation for which a civil penalty is imposed under this section:
(1) is not a moving violation for the purpose of assessing driving points and must not be recorded by the department on the driving record of the owner or driver of the vehicle; and
(2) may not be considered in the provision of motor vehicle insurance coverage.
(Q) In consultation with local governments, the Department of Motor Vehicles shall adopt procedures for the issuance of citations, the trial of civil violations, and the collection of civil penalties under this section."
SECTION 2. This act takes effect upon approval by the Governor.
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