A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY REPEALING SECTION 56-7-35 RELATING TO THE ISSUANCE OF UNIFORM TRAFFIC TICKETS FOR SPEEDING OR DISREGARDING TRAFFIC CONTROL DEVICES, INCIDENTS TO AND CONTEMPORANEOUS WITH TRAFFIC STOPS, THE USE OF PHOTOGRAPHIC EVIDENCE, AND EXCEPTIONS FOR TOLL COLLECTION VIOLATIONS; BY AMENDING SECTION 56-5-710, RELATING TO POWERS OF LOCAL AUTHORITIES, SO AS TO DELETE THE PROVISION THAT PROHIBITS A LOCAL AUTHORITY FROM ISSUING A UNIFORM TRAFFIC TICKET BASED UPON PHOTOGRAPHIC EVIDENCE; AND BY AMENDING SECTION 56-5-70, RELATING TO CERTAIN VEHICLE REQUIREMENTS SUSPENDED DURING STATES OF EMERGENCIES, AND DECLARATIONS OF EMERGENCY TRIGGERING FEDERAL RELIEF, SO AS TO DELETE THE PROVISION THAT ALLOWS THE ISSUANCE OF TRAFFIC CITATIONS BASED UPON PHOTOGRAPHIC EVIDENCE.

 

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

 

SECTION 1.  Section 56-7-35 of the S.C. Code is repealed.

 

SECTION 2.  Section 56-5-710 of the S.C. Code is amended to read:

 

    Section 56-5-710.  (A) Subject to the limitations prescribed in Section 56-5-930, the provisions of this chapter shall not be deemed to prevent local authorities with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power from:

       (1) regulating the standing or parking of vehicles;

       (2) regulating traffic by means of police officers or traffic control signals;

       (3) regulating or prohibiting processions or assemblages on the highways;

       (4) designating particular highways as one-way highways and requiring that all vehicles thereon be moved in one specific direction;

       (5) regulating the speed of vehicles in public parks;

       (6) designating any highway as a through highway and requiring that all vehicles stop before entering or crossing it or designating any intersection as a stop intersection and requiring all vehicles to stop at one or more entrances at such intersection;

       (7) restricting the use of highways as authorized in Sections 56-5-4210 and 56-5-4220;

       (8) regulating the operation of bicycles and requiring the registration and licensing of them, including the requirement of a registration fee;

       (9) regulating or prohibiting the turning of vehicles or specified types of vehicles at intersections;

       (10) altering the prima facie speed limits as authorized herein;  or

       (11) adopting such other traffic regulations as are specifically authorized by this chapter.

    (B) Nothing in subsection (A) may be construed to permit a local authority to issue a uniform traffic citation for violating a local ordinance or the traffic laws relating to speeding or disregarding traffic control devices based in whole or in part upon photographic evidence whether gathered in conjunction with radar speed detection devices and whether the camera or other electronic device capturing the photographic evidence was attended or unattended at the time it captured the photographic evidence.

 

SECTION 3.  Section 56-5-70(E) of the S.C. Code is amended to read:

 

    (E) Citations for violating a local ordinance or the traffic laws relating to speeding or disregarding traffic control devices based in whole or in part on photographic evidence, whether gathered in conjunction with radar speed detection devices and whether the camera or other electronic device capturing the photographic evidence was attended or unattended at the time it captured the photographic evidence, only may be issued for violations that occur while relief from regulations pursuant to 49 C.F.R. 390.23 has been granted due to an emergency. A person who receives a citation for violating traffic laws relating to speeding or disregarding traffic control devices based in whole or in part on photographic evidence must be served in person with notice of the violation within one hour of the occurrence of the violation unless a collision occurred and fault cannot be determined immediately or the party who caused the collision is not immediately accessible due to medical treatment. The provisions of this subsection do not apply to toll collection enforcement.

 

SECTION 4.  This act takes effect upon approval by the Governor.

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