A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 56-5-950, RELATING TO OBEDIENCE TO INSTRUCTIONS OF OFFICIAL TRAFFIC-CONTROL DEVICES, SO AS TO PROVIDE A PENALTY PROVISION; AND BY AMENDING SECTION 56-1-720, RELATING TO SCHEDULE OF POINTS ASSESSED AGAINST PERSONS' DRIVING RECORDs FOR MOTOR VEHICLE VIOLATIONS, SO AS TO PROVIDE SIX POINTS MUST BE ASSESSED AGAINST PERSONS' DRIVING RECORDs FOR DISOBEDIENCE OF ANY OFFICIAL TRAFFIC CONTROL DEVICE.

 

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

 

SECTION 1.  Section 56-5-950 of the S.C. Code is amended to read:

 

    Section 56-5-950.  (a) The driver of any vehicle shall obey the instructions of any official traffic-control device, applicable thereto placed or held in accordance with the provisions of this chapter, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter.

    (b) No provision of this chapter for which official traffic-control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person.  Whenever a particular section does not state that official traffic-control devices are required, such section shall be effective even though no devices are erected or in place.

    (c) Whenever official traffic-control devices are placed or held in position approximately conforming to the requirements of this chapter, such devices shall be presumed to have been so placed or held by the official act or direction of lawful authority unless the contrary shall be established by competent evidence.

    (d) Any official traffic-control device placed or held pursuant to the provisions of this chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirement of this chapter, unless the contrary shall be established by competent evidence.

    (e) A person who violates a provision contained in subsection (a) must be fined two hundred dollars and court costs, and must have six points assessed against his driving record pursuant to Section 56-1-720.

 

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

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                46

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

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

Endangerment of a highway worker, injury results                4

 

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

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