South Carolina General Assembly
119th Session, 2011-2012

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Bill 3160


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Indicates New Matter


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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3890 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO USE A HANDHELD WIRELESS COMMUNICATIONS DEVICE WHILE DRIVING A MOTOR VEHICLE AND TO PROVIDE A PENALTY FOR VIOLATING THIS PROVISION; AND TO AMEND SECTION 56-1-720, RELATING TO THE SCHEDULE OF POINTS ASSIGNED TO VARIOUS TRAFFIC VIOLATIONS, SO AS TO PROVIDE THAT USING A HANDHELD WIRELESS COMMUNICATIONS DEVICE WHILE DRIVING IS A TWO POINT VIOLATION.

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

SECTION    1.    Article 31, Chapter 5, Title 56 of the 1976 Code is amended by adding:

"Section 56-5-3890.    It is unlawful for a person to operate a motor vehicle in motion while using a handheld wireless communications device. A person who violates this section shall have two points assessed against his driving record and be fined one hundred twenty-five dollars."

SECTION    2.    Section 56-1-720 of the 1976 Code is amended to read:

"Section 56-1-720.    There is established a point system for the evaluation of the operating record of persons to whom a license to operate motor vehicles has been granted and for the determination of the continuing qualifications of these persons for the privileges granted by the license to operate motor vehicles. The system shall have as its basic element a graduated scale of points assigning relative values to the various violations in accordance with the following schedule:

VIOLATION    POINTS

Reckless driving    6

Passing stopped school bus    6

Hit-and-run, property damages only    6

Driving too fast for conditions, or speeding:

(1) No more than 10 m.p.h. above the

posted limits     2

(2) More than 10 m.p.h. but less than 25

m.p.h. above the posted limits     4

(3) 25 m.p.h. or above the posted limits     6

Disobedience of any official traffic control

device                 4

Disobedience to officer directing traffic     4

Failing to yield right of way     4

Driving on wrong side of road     4

Passing unlawfully    4

Turning unlawfully    4

Driving through or within safety zone     4

Failing to give signal or giving improper

signal for stopping, turning, or suddenly

decreased speed     4

Shifting lanes without safety precaution     2

Improper dangerous parking     2

Following too closely     4

Failing to dim lights     2

Operating with improper lights     2

Operating with improper brakes     4

Operating a vehicle in unsafe condition     2

Driving in improper lane     2

Improper backing     2

Using a handheld wireless communications

device while driving     2"

SECTION    3.    This act takes effect upon approval by the Governor.

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