South Carolina General Assembly
117th Session, 2007-2008

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Bill 3853

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COMMITTEE REPORT

April 8, 2008

H. 3853

Introduced by Reps. Witherspoon, Walker, Bales, Harvin, Littlejohn, Lowe, Mahaffey, Miller, M.A. Pitts, Spires and Bowers

S. Printed 4/8/08--S.

Read the first time February 19, 2008.

            

THE COMMITTEE ON TRANSPORTATION

To whom was referred a Bill (H. 3853) to amend Section 56-5-4630, Code of Laws of South Carolina, 1976, relating to the placement of a red light, lantern, or flag upon a load, 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, by inserting on Page 2, line 26:

/    SECTION    2.    Section 56-5-4160 of the 1976 Code is amended to by adding:

"(L)    Notwithstanding any other provision of law, the maximum gross vehicle weight and axel weight limit for a vehicle or combination of vehicles equipped with an idle reduction system, as provided for in 23 U.S.C. 127, may be increased by an amount equal to the weight of the system, not to exceed four hundred pounds. Upon request by a law enforcement officer, the vehicle operator must provide proof that the system is fully functional and that the vehicle's gross weight increase allowed pursuant to this section is attributable only to the system."

SECTION    3.    Section 56-5-4140(1)(a) of the 1976 Code is amended to read:

"(a)(1)    The gross weight of a vehicle or combination of vehicles, operated or moved upon any interstate, highway or section of highway shall not exceed:

(1)(i)    Single-unit vehicle with two axles ................. 35,000 lbs.

(2)(ii)    Single-unit vehicle with three axles................ 46,000 lbs.

(3)(iii)    Single-unit vehicle with four axles.................. 63,500 lbs.

Except, on the interstate, vehicles must meet axle spacing requirements and corresponding maximum overall gross

weights, not to exceed 63,500 lbs., in accordance with the table in (b) plus tolerances.

(4)(iv)    Single unit vehicle with five or more axles.....65,000 lbs.

Except, on the interstate, vehicles must meet axle spacing requirements and corresponding maximum overall gross weights, not to exceed 65,000 lbs., in accordance with the

table in (b) plus tolerances.

(5)(v)    Combination of vehicles with three axles........50,000 lbs.

(6)(vi)    Combination of vehicles with four axles ........ 65,000 lbs.

(7)(vii)    Combination of vehicles with five or more

axles..................................................... 73,280 lbs.

The gross weight imposed upon any highway or section of highway other than the interstate by two or more consecutive axles in tandem articulated from a common attachment to the vehicle and spaced not less than forty inches nor more than ninety-six inches apart shall not exceed thirty-six thousand pounds, and no one axle of any such group of two or more consecutive axles shall exceed the load permitted for a single axle. The load imposed on the highway by two consecutive axles, individually attached to the vehicle and spaced not less than forty inches nor more than ninety-six inches apart, shall not exceed thirty-six thousand pounds and no one axle of any such group of two consecutive axles shall exceed the load permitted for a single axle.

The ten percent enforcement tolerance specified in Section 56-5-4160 applies to the vehicle weight limits specified in this section. except However, the gross weight on a single axle operated on the interstate may not exceed 20,000 pounds, including all enforcement tolerances; the gross weight on a tandem axle operated on the interstate may not exceed 35,200 pounds, including all enforcement tolerances; and the overall gross weight for vehicles operated on the interstate may not exceed 75,185 pounds, including all enforcement tolerances except as provided in (b).

(2)    Enforcement tolerance is fifteen percent for a vehicle or trailer transporting unprocessed forest products or only on non-interstate routes.

(3)    Enforcement tolerance is fifteen percent for a vehicle or trailer transporting sod only on non-interstate routes."

SECTION    4.    Section 56-5-4060 of the 1976 Code is amended to read:

Section 56-5-4060.    (A)(1)    No vehicle, unladen or with load, may exceed a height of thirteen feet six inches except that the height of an automobile transporter unit the height of which or a heavy truck transporting one or more other heavy trucks in a saddle mount combination may not exceed fourteen feet. Automobile transporters and heavy trucks transporting one or more other heavy trucks in a saddle mount combination are responsible for any personal injury or property damage resulting from operating a unit at a height in excess of thirteen feet six inches.

(2)    To qualify for the fourteen foot exception contained in subsection (A)(1), the owner or operator of the heavy truck transporting one or more other heavy trucks in a saddle mount combination must have a valid routing permit issued by the Department of Transportation. All applicants shall be issued routing permits at no charge upon providing the department with evidence of its general liability coverage. Routing permits shall remain valid for twelve months from the date of issuance and specify the routes that may be traveled by the permittee and the conditions the permittee must observe while transporting heavy trucks in a saddle mount combination. Routing permits do not limit or otherwise affect the holder's liability for personal injuries or property damage.

(B)    It is unlawful for any person to operate or attempt to operate under any underpass having a vertical clearance of less than thirteen feet six inches any vehicle with a height in excess of the vertical clearance of the underpass posted in accordance with the manual on uniform traffic-control devices provided for in Section 56-5-920. No person is required to raise, alter, construct, or reconstruct any existing underpass, wire, pole, trestle, or other structure to permit the passage of any vehicle, and neither the State nor any of its agencies or political subdivisions are liable for any personal injury or property damage resulting from the operation of a vehicle over any highway, road, or bridge or through any underpass having a vertical clearance of less than fourteen feet where the Department of Transportation or other body having maintenance jurisdiction of the underpass has posted notice of the reduced vertical clearance in accordance with the manual on uniform traffic-control devices provided for in Section 56-5-920. An automobile transporter is responsible for any personal injury or property damage resulting from operating a unit at a height in excess of thirteen feet six inches."

SECTION    5.    If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional, invalid, or is determined by the proper regulatory authority to be in violation of or out of compliance with applicable federal law or regulations, such holding or determination shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.        /

Renumber sections to conform.

Amend title to conform.

LAWRENCE K. GROOMS for Committee.

            

A BILL

TO AMEND SECTION 56-5-4630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PLACEMENT OF A RED LIGHT, LANTERN, OR FLAG UPON A LOAD THAT EXTENDS FOUR FEET OR MORE BEYOND THE BED OR BODY OF A VEHICLE, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH THE RED LIGHT, LANTERN, OR FLAG MUST BE PLACED UPON THE LOAD, AND TO PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES AN AMBER STROBE LIGHT MUST BE AFFIXED TO THE LOAD.

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

SECTION    1.    Section 56-5-4630 of the 1976 Code is amended to read:

"Section 56-5-4630.    (A)    Whenever the load upon a vehicle extends to the rear four feet or more beyond the bed or body of the vehicle, there the vehicle must be equipped with, displayed at the extreme rear end of the load, at the times specified in Section 56-5-4450, a red light or lantern plainly visible from a distance of at least five hundred feet to the sides and rear. The red light or lantern required under this section is in addition to the red rear light required upon every vehicle. At any other time there must be displayed at the extreme rear end of the load a red flag or cloth not less than twelve inches by twelve inches and hung making the entire area visible to the driver of a vehicle approaching from the rear. the following safety equipment:

(1)    for any commercial motor vehicle as defined in this title transporting unmanufactured forest products as defined in Department of Public Safety Regulation 38-390, one amber strobe-type lamp equipped with a multi-directional-type lens securely affixed as close as practical to the end of the projecting load, so as to be visible from the rear and side of the projecting load. If one strobe lamp fails to make the projecting load visible from both sides and the rear of the projecting load, multiple strobe lamps must be utilized to meet the visibility requirements. The strobe lamp shall flash at a rate of at least sixty flashes per minute and must be plainly visible from a distance of at least five hundred feet to the sides and rear of the projecting load. The lamp must be operating any time the vehicle is operated on a highway or parked on the shoulder or immediately adjacent to the traveled portion of a public roadway; or

(2)    A red light or lantern plainly visible from a distance of at least five hundred feet to the side or rear must be displayed at the extreme rear of the load if the strobe light required by this section becomes temporarily inoperable while transporting a load between points.

(B)    The projecting load must be marked at the extreme rear of the load with a red flag or cloth not less than twelve inches by twelve inches and hung so that the entire area is visible to the driver of a vehicle approaching from the rear.

(C)    Utility companies when responding to an emergency situation such as caused by storms or accidents are exempt from the provisions of this section."

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

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