South Carolina General Assembly
113th Session, 1999-2000

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Bill 3188


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3188
Ratification Number:              40
Act Number:                       17
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990112
Primary Sponsor:                  Knotts
All Sponsors:                     Knotts, Edge, Rodgers, Whatley, Simrill
Drafted Document Number:          l:\council\bills\ggs\22081cm99.doc
Date Bill Passed both Bodies:     19990422
Date of Last Amendment:           19990421
Governor's Action:                S
Date of Governor's Action:        19990430
Subject:                          Speed limits, maximum revised; Highways 
                                  and Streets, Motor Vehicles, Transportation, 
                                  Traffic, work zones


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  19990524  Act No. A17
------  19990430  Signed by Governor
------  19990428  Ratified R40
House   19990422  Ordered enrolled for ratification
Senate  19990421  Conference Committee Report adopted    88 SCC
House   19990421  Conference Committee Report adopted    98 HCC
House   19990414  Conference powers granted,             98 HCC  Knotts
                  appointed Reps. to Committee of                Townsend
                  Conference                                     Martin
Senate  19990414  Appointed Senator to Committee         88 SCC  Peeler
                  of Conference,
                  Substituted for Senator                        Bryan
Senate  19990413  Conference powers granted,             88 SCC  Bryan
                  appointed Senators to Committee                Ravenel
                  of Conference                                  Hutto
Senate  19990407  Insists upon amendment
House   19990407  Non-concurrence in Senate amendment
Senate  19990401  Read third time, returned to House
                  with amendment
Senate  19990331  Amended, read second time, 
                  unanimous consent for third reading 
                  on Thursday, 19990401
Senate  19990330  Recalled from Committee,               15 ST
                  placed on the Calendar
Senate  19990316  Introduced, read first time,           15 ST
                  referred to Committee
House   19990311  Read third time, sent to Senate
House   19990310  Amended, read second time
House   19990309  Debate interrupted by adjournment
House   19990309  Amended
House   19990304  Debate adjourned until
                  Tuesday, 19990309
House   19990225  Request for debate by Representative           Walker
                                                                 Barrett
                                                                 R. Smith
                                                                 Davenport
                                                                 Lucas
                                                                 Rice
                                                                 McMahand
                                                                 Mason
                                                                 J. Hines
                                                                 Littlejohn
                                                                 Witherspoon
                                                                 Sandifer
                                                                 Knotts
House   19990225  Co-Sponsor added (Rule 5.2) by Rep.            Simrill
House   19990223  Committee report: Favorable with       21 HEPW
                  amendment
House   19990126  Co-Sponsor added (Rule 5.2) by Rep.            Whatley
House   19990121  Co-Sponsor added (Rule 5.2) by Rep.            Rodgers
House   19990112  Introduced, read first time,           21 HEPW
                  referred to Committee
House   19990106  Prefiled, referred to Committee        21 HEPW


                             Versions of This Bill
Revised on February 23, 1999 - Word format
Revised on March 9, 1999 - Word format
Revised on March 10, 1999 - Word format
Revised on March 30, 1999 - Word format
Revised on March 31, 1999 - Word format
Revised on April 21, 1999 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A17, R40, H3188)

AN ACT TO AMEND SECTION 56-5-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM SPEED LIMITS, SO AS TO REVISE THE MAXIMUM SPEED LIMIT FOR INTERSTATE HIGHWAYS, MULTILANE DIVIDED PRIMARY HIGHWAYS, AND UNPAVED ROADS, TO PROVIDE A MAXIMUM SPEED LIMIT FOR THE TRANSPORTING OF MANUFACTURED, MODULAR, OR MOBILE HOMES, AND TO PROVIDE THAT A LOCAL AUTHORITY MAY DETERMINE THAT THE MAXIMUM SPEED LIMIT IN AN URBAN DISTRICT IS LESS THAN THIRTY MILES AN HOUR UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-5-1535, RELATING TO THE PROHIBITION AGAINST SPEEDING IN A HIGHWAY WORK ZONE, SO AS TO REVISE THE LANGUAGE ON SIGNS POSTED AT THE BEGINNING OF AN ACTIVE WORK ZONE WHICH INFORM MOTORISTS OF THE PENALTY FOR SPEEDING THROUGH A WORK ZONE; TO AMEND SECTION 56-5-1540, AS AMENDED, RELATING TO THE ALTERATION OF SPEED LIMITS BY LOCAL AUTHORITIES, SO AS TO PROVIDE THAT A LOCAL AUTHORITY MAY INCREASE THE SPEED LIMIT IN AN URBAN DISTRICT TO NOT MORE THAN SEVENTY MILES AN HOUR; BY ADDING SECTION 56-5-616 SO AS TO PROVIDE THAT THE INTERSTATE HIGHWAY SYSTEM CONSISTS OF HIGHWAYS IN THE OFFICIALLY DESIGNATED NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS; TO AMEND CHAPTER 23, TITLE 57, RELATING TO HIGHWAY BEAUTIFICATION AND SCENIC ROUTES, BY ADDING ARTICLE 17 SO AS TO PROVIDE THE CRITERIA THAT THE DEPARTMENT OF TRANSPORTATION MUST USE WHEN CONDUCTING VEGETATION MANAGEMENT OF MEDIANS, ROADSIDES, AND INTERCHANGES ALONG THE INTERSTATE HIGHWAY SYSTEM; BY ADDING SECTION 56-1-2156 SO AS TO PROVIDE THAT A COMMERCIAL MOTOR VEHICLE DRIVER MAY NOT BE ASSESSED POINTS AGAINST HIS DRIVING RECORD FOR FAILING TO COMPLY WITH LANE RESTRICTIONS POSTED ON THE INTERSTATE HIGHWAY SYSTEM; TO REPEAL SECTION 56-5-1510 RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND THE FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR; AND TO REPEAL SECTION 57-3-175 RELATING TO THE MAXIMUM SPEED LIMIT FOR MOVING MOBILE HOMES ON A HIGHWAY.

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

Maximum speed limits

SECTION 1. Section 56-5-1520 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:

"Section 56-5-1520. (A) A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. Speed must be so controlled to avoid colliding with a person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of a person to use care.

(B) Except when a special hazard exists that requires lower speed for compliance with subsection (A), the limits specified in this section or established as hereinafter authorized are maximum lawful speeds, and a person shall not drive a vehicle on a highway at a speed in excess of these maximum limits:

(1) seventy miles an hour on the interstate highway system and other freeways where official signs giving notice of this speed are posted;

(2) sixty miles an hour on multilane divided primary highways where official signs giving notice of this speed limit are posted;

(3) fifty-five miles an hour in other locations or on other sections of highways and unpaved roads are limited to the speed of forty miles an hour; and

(4) manufactured, modular, or mobile homes must not be transported at a speed in excess of ten miles below the maximum posted speed limit when the maximum posted speed limit is in excess of forty-five miles an hour, and never in excess of fifty-five miles an hour.

(C) Thirty miles an hour is the maximum speed in an urban district. 'Urban district' means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred feet for a distance of a quarter of a mile or more.

(D) A local authority on the basis of an engineering and traffic investigation may determine that the maximum speed limit permitted under this article is less than thirty miles an hour in an urban district. If this determination is made, the maximum speed limit for the urban district is enforceable by all law enforcement officers authorized to enforce the traffic laws in the urban district. However, this subsection does not apply to highways within the state highway system contained in Section 56-5-1530.

(E) The maximum speed limits set forth in this section may be altered pursuant to Sections 56-5-1530 and 56-5-1540.

(F) The driver of a vehicle shall drive, consistent with the requirements of subsection (A), at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, approaching a hillcrest, when traveling upon any narrow bridge, narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.

(G) A person violating the speed limits established by this section is guilty of a misdemeanor and, upon conviction for a first offense, must be fined or imprisoned as follows:

(1) in excess of the above posted limit but not in excess of ten miles an hour by a fine of not less than fifteen dollars nor more than twenty-five dollars;

(2) in excess of ten miles an hour but less than fifteen miles an hour above the posted limit by a fine of not less than twenty-five dollars nor more than fifty dollars;

(3) in excess of fifteen miles an hour but less than twenty-five miles an hour above the posted limit by a fine of not less than fifty dollars nor more than seventy-five dollars; and

(4) in excess of twenty-five miles an hour above the posted limit by a fine of not less than seventy-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

(H) A citation for violating the speed limits issued by any authorized officer must note on it the rate of speed for which the citation is issued.

(I) In expending the funds credited to the state general fund from fines generated under subsection (G), the department first shall consider the need for additional highway patrolmen."

Highway work zone

SECTION 2. Section 56-5-1535 of the 1976 Code, as added by Act 409 of 1994, is amended to read:

"Section 56-5-1535. (A) It is unlawful for a person to drive a motor vehicle in a highway work zone at a speed in excess of the speed limit set and posted by signs. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than seventy-five nor more than two hundred dollars or imprisoned not more than thirty days, or both.

(B) A 'highway work zone' is the area between the first sign that informs motorists of the existence of the work zone on the highway and the last sign that informs motorists of the end of the work zone.

(C) The penalty imposed by this section applies only:

(1) if a sign is posted at the beginning of the active work zone that states 'WORK ZONE $200 FINE AND 30 DAYS IMPRISONMENT FOR SPEEDING';

(2) to the area between the posted sign and the 'END CONSTRUCTION' sign. Signs may be posted at the discretion of the Department of Transportation in the highway work zones designed to comply with work zone traffic control standards contained in the Manual on Uniform Traffic Control Devices published by the Federal Highway Administration."

Alteration of speed limits

SECTION 3. Section 56-5-1540(a)(2) of the 1976 Code is amended to read:

"(2) increases the limit within an urban district but not to more than seventy miles an hour; or"

Interstate highway system

SECTION 4. The 1976 Code is amended by adding:

"Section 56-5-616. The interstate system consists of the segments of highways in South Carolina in the officially designated national system of interstate and defense highways."

Vegetation management

SECTION 5. Chapter 23, Title 57 of the 1976 Code is amended by adding:

"Article 17

Vegetation Management

Section 57-23-800. (A) The Department of Transportation shall conduct vegetation management of the medians, roadsides, and interchanges along the interstate highway system in accordance with the following requirements:

(1) a median of not more than sixty feet in width shall have its mowable area mowed in its entirety. A median wider than sixty feet shall only be mowed within thirty feet from the edges of the pavement.

(2) a roadside shall be mowed thirty feet from the edge of the pavement. If fill slopes or back slopes are steep, one swath of the mower or not less than five feet shall be mowed on these slopes.

(3) an interchange shall be mowed in the same manner as a roadside, provided that the distance from the pavement required to be mowed may be increased to address any safety concerns involved.

(B) The mowing widths provided in subsection (A) may be increased when necessary to provide adequate visibility for signs erected by the department.

(C) The vegetation management activities conducted by the department shall not interfere in any way with the visibility of any outdoor advertising sign.

(D) If the Department of Natural Resources makes an assessment and written determination that vegetation management pursuant to this section causes an increase in safety risks because of the attraction of wildlife to a specific area along the highway, then the department may increase the distance from the pavement required to be mowed."

Failure to comply with lane restrictions

SECTION 6. The 1976 Code is amended by adding:

"Section 56-1-2156. Notwithstanding any other provision of law, a commercial motor vehicle driver may not be assessed points against his driving record for failing to comply with lane restrictions posted on the interstate highway system by the Department of Transportation. For purposes of this section, a driver record means a commercial driver's license issued pursuant to Article 13, Chapter 1 of Title 56 and a driver's license issued pursuant to Section 56-1-130 for which points are assessed in Section 56-1-720."

Repeal

SECTION 7. Sections 56-5-1510 and 57-3-175 of the 1976 Code are repealed.

Time effective

SECTION 8. This act takes effect upon approval by the Governor.

Ratified the 28th day of April, 1999.

Approved the 30th day of April, 1999.

__________


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