Bill 3956

                    Current Status

Bill Number:               3956
Ratification Number:       714
Act Number                 580
Introducing Body:          House
Subject:                   Emergency vehicles

(A580, R714, H3956)

AN ACT TO AMEND SECTION 56-5-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF AUTHORIZED EMERGENCY VEHICLES, SO AS TO PROVIDE THE CIRCUMSTANCES WHEN AN AUTHORIZED EMERGENCY VEHICLE BEING OPERATED AS A POLICE VEHICLE NEED NOT USE AN AUDIBLE AND VISUAL SIGNAL, TO PROVIDE THAT THE CRIMINAL JUSTICE ACADEMY SHALL PROMULGATE REGULATIONS TO PROVIDE UNIFORM GUIDELINES AND TRAINING PROGRAMS FOR LAW ENFORCEMENT AGENCIES WHICH OPERATE EMERGENCY VEHICLES, AND TO PROVIDE THAT LAW ENFORCEMENT AGENCIES SHALL USE THE REGULATIONS TO PROVIDE WRITTEN GUIDELINES AND TRAINING PROGRAMS WITH REGARD TO THE USE OF EMERGENCY VEHICLES BY THEIR OFFICERS AND EMPLOYEES.

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

Emergency vehicles

SECTION 1. Section 56-5-760 of the 1976 Code is amended to read:

"Section 56-5-760. (A) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions of this section.

(B) The driver of an authorized emergency vehicle may:

(1) park or stand, notwithstanding any other provision of this chapter;

(2) proceed past a red or stop signal or stop sign but only after slowing down as may be necessary for safe operation;

(3) exceed the maximum speed limit if he does not endanger life or property;

(4) disregard regulations governing direction of movement or turning in specified directions.

(C) The exemptions in this section granted to an authorized emergency vehicle apply only when the vehicle is making use of an audible signal meeting the requirements of Section 56-5-4970 and visual signals meeting the requirements of Section 56-5-4700 of this chapter, except that an authorized emergency vehicle operated as a police vehicle need not use an audible signal nor display a visual signal when the vehicle is being used to:

(1) obtain evidence of a speeding violation;

(2) respond to a suspected crime in progress when use of an audible or visual signal, or both, could reasonably result in the destruction of evidence or escape of a suspect; or

(3) surveil another vehicle or its occupants who are suspected of involvement in a crime.

(D) The provisions of this section do not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons.

(E) The Criminal Justice Academy shall promulgate regulations pursuant to the Administrative Procedures Act so as to provide uniform guidelines and training programs for law enforcement agencies which use emergency vehicles. Law enforcement agencies authorized to use emergency vehicles shall use the regulations developed by the Criminal Justice Academy to provide written guidelines and to provide training programs for its officers and employees regarding the operation of emergency vehicles."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 11th day of June, 1990.