Indicates Matter Stricken

Indicates New Matter

 

Committee Report

March 20, 2024

 

H. 4601

 

Introduced by Rep. Forrest

 

S. Printed 03/20/24--H.                                                                       [SEC 3/21/2024 11:27 AM]

Read the first time January 09, 2024

 

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The committee on House Education and Public Works

To whom was referred a Bill (H. 4601) to amend the South Carolina Code of Laws by amending Section 56-5-4100, relating to preventing escape of materials loaded on vehicles and cleaning the highways, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass:

 

SHANNON ERICKSON for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill relates to the requirement that loads and covers must be firmly attached to a vehicle that is driven or moved on any public highway.  The bill shifts language from one code section to another to provide that the transportation of certain farm products and materials is exempt from the requirements and any violations that could result from the escape of such products and materials.

 

Department of Motor Vehicles.  DMV reports that the bill will have no expenditure impact because it does not operationally or fiscally impact the agency.

 

Judicial.  Judicial anticipates that any decrease in court caseloads due to the exemption of certain farm products and materials from the violation will be minimal.  Therefore, we anticipate this bill will have no expenditure impact on Judicial.

 

State Revenue

This bill relates to the requirement that loads and covers must be firmly attached to a vehicle that is driven or moved on any public highway.  The bill shifts language from one code section to another to provide that the transportation of certain farm products and materials is exempt from the requirements and any violations that could result from the escape of such products and materials.  This bill may result in a decrease in the fines and fees collected in court.  Court fines and fees are distributed to the General Fund, Other Funds, and local funds.  Therefore, the Revenue and Fiscal Affairs Office (RFA) anticipates this bill may result in an undetermined impact to General Fund and Other Funds revenue due to the decrease in fines and fees collections in court.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-5-4100, RELATING TO PREVENTING ESCAPE OF MATERIALS LOADED ON VEHICLES AND CLEANING THE HIGHWAYS OF ESCAPED SUBSTANCES OR CARGO, SO AS TO INCORPORATE THE PROVISIONS OF SECTION 56-5-4110 TO CLARIFY THE EXCEPTIONS FOR TRANSPORTATION OF CERTAIN FARM PRODUCTS AND MATERIALS; AND BY REPEALING SECTION 56-5-4110 RELATING TO THE REQUIREMENTS THAT LOADS AND COVERS MUST BE FIRMLY ATTACHED.

 

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

 

SECTION 1.  Section 56-5-4100 of the S.C. 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) No person shall operate on any highway any vehicle with any load unless such load and any covering thereon is securely fastened so as to prevent such covering or load from becoming loose, detached, or in any manner a hazard to other users of the highway.

    (E) Any person operating a vehicle from which any 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 substances and shall pay any costs for the cleaning.

    If the person does not make every reasonable effort to clean the public highway promptly, 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 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 motor carrier of the substance or cargo removed under this subsection shall bear all reasonable costs of its removal and subsequent storage or disposition.

    Nothing in this section bars a claim for damages.

    (E)(F) Any person who violates the provisions of subsections (B), (C), or (D), or (E) is guilty of a misdemeanor and, upon conviction, must be fined one hundred dollars.

    (F)(G) The provisions contained in subsections (A), (B), and (C), (D), and (E) 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.

 

SECTION 2.  Section 56-5-4110 of the S.C. Code is repealed.

 

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

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