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 THE PENALTY FOR UNLAWFULLY APPROACHING STATIONARY AUTHORIZED EMERGENCY VEHICLES, TO DEFINE THE TERM "SIGNIFICANTLY REDUCED SPEED," AND TO PROVIDE THE DEPARTMENT OF PUBLIC SAFETY SHALL COMPILE AND PUBLISH AN ANNUAL REPORT FOR CERTAIN CITATIONS ISSUED UNDER THIS SECTION; AND BY AMENDING SECTION 56-1-720, RELATING TO POINTS ASSESSED AGAINST THE MOTOR VEHICLE OPERATING RECORD OF DRIVERS FOR DRIVING OFFENSES, SO AS TO PROVIDE FOUR POINTS MUST BE ASSESSED AGAINST DRIVERS' MOTOR VEHICLE OPERATING RECORDS FOR UNLAWFULLY APPROACHING STATIONARY AUTHORIZED EMERGENCY VEHICLES.

 

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 location 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.

    (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:

       (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, if changing lanes is impossible or unsafe.

    (H) A 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 hundredone thousand dollars, and have four points assessed against his motor vehicle operating record.

    (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) "Significantly reduce the speed of the vehicle" means operating the vehicle at least twenty miles an hour below the posted speed limit.

    (J) The Department of Public Safety shall compile and publish an annual report containing all citations issued for violation of this section.

 

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                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

Unlawfully approaching a stationary authorized

emergency vehicle                                                              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

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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