A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-5-1538, RELATING TO EMERGENCY SCENE MANAGEMENT, SO AS TO REVISE AND CREATE CERTAIN DEFINITIONS, TO REVISE THE RESPONSIBILITIES OF DRIVERS APPROACHING EMERGENCY VEHICLES, AND TO ESTABLISH VIOLATIONS AND PENALTIES; AND BY AMENDING SECTION 56-1-720, RELATING TO THE SYSTEM OF POINTS ASSESSED AGAINST A PERSON'S DRIVING RECORD FOR MOTOR VEHICLE VIOLATIONS, SO AS TO ESTABLISH POINTS FOR CREATING HAZARDOUS CONDITIONS AT EMERGENCY SCENES.

 

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

 

SECTION 1.  Section 56-5-1538 of the S.C. Code is amended to read:

 

    Section 56-5-1538. (A) An emergency scene is a special hazardlocation designated by the potential need to provide emergency medical care and is identified by emergency vehicles with flashing lights, rescue equipment, or emergency personnel on the scene.

    (B) An emergency scene is a special hazard location designated by the presence of an emergency vehicle conducting a law enforcement activity, fire protection, the potential need to provide emergency medical care, or the recovery or restoration of property, or both, and is identified by emergency vehicles with flashing lights, rescue equipment, or emergency personnel or both on the scene.

    (C) An emergency scene is under the authority of the first arriving emergency personnel, which includes emergency medical services personnel, until the arrival of the fire or law enforcement officials having jurisdiction. All motor vehicles passing through an emergency scene and pedestrians observing an emergency scene must obey and not interfere with the duties of emergency personnel. Motor vehicles and bystanders may not block access to or exit from an emergency scene.

    (D) The management authority of emergency medical services is limited to managing patient care and preventing further injury to the patients and on-scene personnel. This authority may be delegated by emergency personnel to provide an adequate level of safety.

    (E) A paid or volunteer worker at an emergency scene has proper authority to be at and control the scene in a manner consistent with his training.

    (F) The driver of a vehicle shall ensure that the vehicle is kept under control when approaching or passing an emergency scene or authorized emergency vehicle stopped on or near the right-of-way of a street or highway with emergency lights flashing.  The exercise of control required for a driver to comply with this section is that control possible and necessary by the driver to prevent a collision, to prevent injury to persons or property, and to avoid interference with the performance of emergency duties by emergency personnel, or interfering with the operation of an authorized emergency vehicle.

    (G) A person driving a vehicle approaching a stationary authorized emergency vehicle that is giving a signal by displaying alternately flashing red, red and white, blue, or red and blue lights, or amber or yellow warning lights shall proceed with due caution, significantly reduce the speed of the vehicle, and unless otherwise directed by a law enforcement officer shall:

       (1) yield the right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least four lanes with not less than two lanes proceeding in the same direction as the approaching vehicle; or

       (2) maintain a safe speed for road conditions, slow down. ifIf changing lanes is impossible or unsafe not possible, drivers must reduce their speed to:

           (a) twenty miles per hour below the posted speed limit if the speed limit is twenty-five miles per hour or higher; or

           (b) five miles per hour if the posted speed limit is less than twenty-five miles per hour.

    (H)(1) A person who violates the provisions of this section where no property damage results or where no person at the emergency scene suffers personal injury is guilty of the misdemeanor of creating a hazardous condition at an emergency scene and, upon conviction, must be fined not less than seventy-five dollars and not more than two hundred dollars, or be imprisoned for not more than thirty daysA person who violates the provisions of this section is guilty of the misdemeanor of endangering emergency services personnel or operators of authorized emergency vehicles and, upon conviction, must be fined not less than three hundred dollars nor more than five hundred dollars.

       (2) A person who violates the provisions of this section where property damage results or where any person at the emergency scene suffers physical injury is guilty of the misdemeanor of creating a hazardous condition at an emergency scene and, upon conviction, must be fined not less than three hundred dollars and not more than five hundred dollars, or be imprisoned for not more than ninety days.

       (3) A person who violates the provisions of this section where any person at the emergency scene suffers great bodily injury, as defined in Section 56-5-2945(B), is guilty of the felony of creating a hazardous condition at an emergency scene and, upon conviction, must be fined not less than five thousand one hundred dollars and not more than ten thousand one hundred dollars and mandatory imprisonment for not less than thirty days and not more than fifteen years when great bodily injury results.

       (4) A person who violates the provisions of this section where the injury to a person at the emergency scene results in death is guilty of the felony of creating a hazardous condition at an emergency scene and, upon conviction, must be fined not less than ten thousand dollars nor more than twenty-five thousand dollars and mandatory imprisonment for not less than one year and not more than twenty-five years.

    (I) For purposes of this section:

       (1) "Authorized emergency vehicle" means any ambulance, police, fire, rescue, recovery, or towing vehicle authorized by this State, county, or municipality to respond to a traffic incident.

       (2) "Emergency services personnel" means fire, police, or emergency medical services personnel (EMS) responding to an emergency incident.

       (3) "Person at the emergency scene" means emergency services personnel and any other persons who are present at the emergency scene regardless of whether they are responding to any emergency incident.

    (J) A person who violates subsection (H)(1) must have two points assessed against his motor vehicle operating record.

    (K) A person who violates subsection (H)(2) must have four points assessed against his motor vehicle operating record if property damage results or an injury results to a person at the emergency scene occurred at the time of the incident and the violation is the sole proximate cause of the property damage or injury.

    (L) A person who violates subsection (H)(3) or (4) must have six points assessed against his motor vehicle operating record if a great bodily injury or death of a person at the emergency scene occurred at the time of the incident and the violation is the sole proximate cause of the great bodily injury or death.

    (M) No person shall be cited for endangerment of emergency services personnel for any act or omission otherwise constituting a violation under this section if the act or omission results, in whole or in part, from mechanical failure of the person's motor vehicle or from the negligence of emergency services personnel or another person.

 

SECTION 2.  Section 56-1-720 of the S.C. 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

Felony creating a hazardous condition at an emergency

    scene- great bodily injury or death occurs                         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

Misdemeanor creating a hazardous condition at an

    emergency scene-property damage or injury results            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

Distracted driving (second or subsequent offense)                2

Operating a vehicle in unsafe condition                                2

Driving in improper lane                                                     2

Improper backing                                                               2

Endangerment of a highway worker, no injury                      2

Misdemeanor creating a hazardous condition at an

    emergency scene-no property damage or injury occurs      2

Endangerment of a highway worker, injury results                4

 

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

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