South Carolina General Assembly
117th Session, 2007-2008

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Bill 111

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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COMMITTEE REPORT

May 13, 2008

S. 111

Introduced by Senators Leventis, Knotts and Scott

S. Printed 5/13/08--H.

Read the first time April 15, 2008.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 111) to amend Section 56-5-970, Code of Laws of South Carolina, 1976, relating to traffic control signals, so as to provide that a driver of a motorcycle, etc., respectfully

REPORT:

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, Section 56-5-970(C)(5), as contained in SECTION 1, page 3, by striking Section 56-5-970(C)(5) and inserting:

/        (5)    Notwithstanding any other provision of law, if a driver of a motorcycle or moped, or a bicycle rider, approaches an intersection that is controlled by a traffic-control device, the driver may proceed through the intersection on a steady red light only if the driver or rider, as the case may be:

(a)    comes to a full and complete stop at the intersection for one hundred and twenty seconds; and

(b)    exercises due care as provided by law, otherwise treats the traffic control device as a stop sign, and determines it is safe to proceed." /

Renumber sections to conform.

Amend title to conform.

JAMES H. HARRISON for Committee.

            

A BILL

TO AMEND SECTION 56-5-970, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC CONTROL SIGNALS, SO AS TO PROVIDE THAT A DRIVER OF A MOTORCYCLE OR MOPED MAY PROCEED THROUGH A HIGHWAY INTERSECTION CONTROLLED BY A TRAFFIC-CONTROL DEVICE UNDER CERTAIN CIRCUMSTANCES WHEN A VEHICLE SENSOR FAILS TO DETECT THE VEHICLE BECAUSE OF ITS WEIGHT OR SIZE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 56-5-970 of the 1976 Code is amended to read:

"Section 56-5-970.    Whenever traffic is controlled by traffic-control signals exhibiting different colored lights or colored lighted arrows, successively one at a time or in combination, only the colors, green, red, and yellow, shall be used except for special pedestrian signals carrying a word legend. Such lights shall indicate and apply to drivers of vehicles and pedestrians as follows:

(a)(A)    Green indication:

1.(1)        Vehicular traffic facing a circular green signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.

2.(2)        Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow or such other movement as is permitted by other indications shown at the same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

3.(3)        Unless otherwise directed by a pedestrian-control signal, as provided in Section 56-5-990, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.

(b)(B)    Steady yellow indication:

1.(1)        Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter.

2.(2)        Pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian-control signal as provided in Section 56-5-990, are advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway.

(c)(C)    Steady red indication:

1.(1)    Vehicular traffic facing a steady circular red signal alone shall stop at a clearly marked stop line but, if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until an indication to proceed is shown except as provided in item 3(3).

2.(2)        Vehicular traffic facing a steady red arrow signal shall not enter the intersection to make the movement indicated by the arrow, and unless entering the intersection to make a movement permitted by another signal, shall stop at a clearly marked stop line but, if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until an indication permitting the movement indicated by such arrow is shown except as provided in item 3 items (3) and (5).

3.(3)        Except when a sign is in place prohibiting a turn, vehicular traffic facing any steady red signal may cautiously enter the intersection to turn right or to turn left from a one-way street into a one-way street after stopping as required by item 1 or 2(1) or (2). Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

4.(4)        Unless otherwise directed by a pedestrian-control signal as provided in Section 56-5-3110, pedestrians facing a steady circular red or red arrow signal alone shall not enter the roadway.

(5)    Notwithstanding any other provision of law, if a driver of a motorcycle or moped, or a bicycle rider, approaches an intersection that is controlled by a traffic-control device, the driver may proceed through the intersection on a steady red light only if:

(a)    the traffic-control device is equipped with a vehicle sensor;

(b)    the vehicle sensor has failed to detect the motorcycle, moped, or bicycle because of the motorcycle's, moped's, or bicycle's size or weight; and

(c)    the driver or rider, as the case may be:

(i)        comes to a full and complete stop at the intersection for one hundred and twenty seconds; and

(ii)    exercises due care as provided by law, otherwise treats the traffic control device as a stop sign, and it is safe to proceed."

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

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