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Indicates Matter Stricken
Indicates New Matter
AMENDED
May 30, 2000
S. 263
Introduced by Senators Peeler, Wilson, Passailaigue, Ryberg, Leventis, McConnell, Leatherman, Hayes, Russell, Reese, Grooms and Short
S. Printed 5/30/00--H.
Read the first time March 23, 1999.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-616 SO AS TO PROVIDE THAT THE INTERSTATE HIGHWAY SYSTEM CONSISTS OF SEGMENTS OF HIGHWAY OFFICIALLY DESIGNATED IN THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; TO AMEND SECTION 56-5-1540, AS AMENDED, RELATING TO THE ALTERATION OF SPEED LIMITS BY LOCAL AUTHORITIES, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT IN AN URBAN DISTRICT IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 23, Title 57 of the 1976 Code, as added by Act 17 of 1999, is amended to read:
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) for Charleston County:
(a) 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)(b) a roadside shall be mowed within thirty feet wide 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)(c) 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.
(2) for all other counties in the state, vegetation management of the medians, roadsides, and interchanges along the interstate highway system is left to the discretion of the Department of Transportation.
(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 highways, then the department may increase the distance from the pavement required to be mowed."
SECTION 2. Section 56-5-1520(H) of the 1976 Code, as last amended by Act 17 of 1999, is further amended to read:
"(H) A person violating the speed limits established in zones where the posted maximum speed limit is at least fifty-five miles an hour while driving a commercial motor vehicle which requires the driver to possess a commercial driver's license is guilty of a misdemeanor, and upon conviction for a first offense, must be fined as follows:
(1) in excess of the posted limit but not in excess of ten miles an hour by a fine of not less than twenty dollars nor more than thirty-five dollars. Ten dollars of this fine must be placed in the state general fund and used only by the Motor Carrier Services Section of the State Transport Police Division of the Department of Public Safety to be used to enhance motor carrier registration services and must not be used when calculating the court assessments contained in Chapter 1 of Title 14;
(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 thirty-five dollars nor more than seventy-five dollars. Twenty-five dollars of this fine must be placed in the state general fund and used only by the Motor Carrier Services Section of the State Transport Police Division of the Department of Public Safety to be used to enhance motor carrier registration services and must not be used when calculating the court assessments contained in Chapter 1 of Title 14;
(3) in excess of fifteen miles an hour but less than twenty miles an hour above the posted limit by a fine of not less than seventy-five dollars nor more than one hundred twenty-five dollars. Fifty dollars of this fine must be placed in the state general fund and used only by the Motor Carrier Services Section of the State Transport Police Division of the Department of Public Safety to be used to enhance motor carrier registration services and must not be used when calculating the court assessments contained in Chapter 1 of Title 14; and
(4) in excess of twenty miles an hour above the posted limit by a fine of not less than one hundred twenty-five dollars nor more than three hundred dollars or imprisoned for not more than thirty days, and lose his privilege to drive for six months. One hundred dollars of this fine must be placed in the state general fund and used by the Motor Carrier Services Section of the State Transport Division of the Department of Public Safety to be used to enhance motor carrier registration services and must not be used when calculating the court assessments contained in Chapter 1 of Title 14.
(I) 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)(J) 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."
SECTION 3. The 1976 Code is amended by adding:
"Section 57-3-785. (A) The Department of Transportation shall require the placement of construction work zone signs when necessary to inform motorists of ongoing construction. The department shall direct the removal of these signs when work is substantially completed and normal traffic flow has resumed. The department shall assume responsibility for traffic maintenance upon the removal of these signs pursuant to this section.
(B) Work zone signs posted pursuant to Section 56-5-1535(C)(1) must be removed or covered with weather resistant material when a work zone becomes inactive for more than three days."
SECTION 4. This act takes effect upon approval by the Governor.
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