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Bill Number: 3585 Ratification Number: 619 Act Number 542 Introducing Body: House Subject: Railroad rights-of-way; vehicle prohibition; exceptions
(A542, R619, H3585)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-4095 SO AS TO PROHIBIT THE OPERATION OF VEHICLES ON RAILROAD RIGHTS-OF-WAY IN SOUTH CAROLINA EXCEPT AS PERMITTED BY STATUTE.
Be it enacted by the General Assembly of the State of South Carolina:
Railroad rights-of-way; vehicle prohibition; exceptions
SECTION 1. Article 33, Chapter 17, Title 58 of the 1976 Code is amended by adding:
"Section 58-17-4095. (A) No person may park or operate a vehicle on a railroad right-of-way where there are existing tracks unless the person:
(1) is an employee of the railroad which owns the right-of-way in the performance of his duties;
(2) has authority from the railroad which owns the right-of-way;
(3) is using a public or private roadway which crosses over the railroad at an established grade crossing;
(4) is acting in an official capacity with the military, police force, a fire fighting organization, or some similar public authority and must enter onto the railroad right-of-way to carry out his or her responsibilities; or
(5) is an employee of a public utility or telecommunications carrier, or of the forestry industry, and must enter onto the railroad right-of-way to carry out his responsibilities.
(B) For the purposes of this section, the term 'vehicle' includes all standard vehicles normally operated on roadways, such as automobiles, trucks, vans, and motorcycles, and all off-road vehicles. Off-road vehicles include, but are not limited to, four-wheel drive or low-pressure tire vehicles, two or three wheel vehicles, amphibious machines, and ground-effect or air-cushioned vehicles.
(C) A person violating the provisions of this section, upon conviction, shall pay a fine of not more than two hundred dollars or serve a term of imprisonment for not more than thirty days."
SECTION 2. This act takes effect upon approval by the Governor.