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Current Status Bill Number:View additional legislative information at the LPITS web site.187 Ratification Number:148 Act Number:65 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20010123 Primary Sponsor:Rankin All Sponsors:Rankin, Short, Hutto Drafted Document Number:l:\s-res\lar\016boos.dmb.doc Date Bill Passed both Bodies:20010607 Date of Last Amendment:20010607 Governor's Action:S Date of Governor's Action:20010703 Subject:Safety belts, child passenger restraint system in motor vehicles; belt-positioning booster seat for four-year olds History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20010720 Act No. A65 ------ 20010703 Signed by Governor ------ 20010703 Scrivener's error corrected ------ 20010628 Ratified R148 House 20010607 Concurred in Senate amendment, enrolled for ratification Senate 20010607 House amendments amended, returned to House with amendment House 20010531 Read third time, returned to Senate with amendment House 20010530 Read second time House 20010530 Reconsidered vote whereby read second reading House 20010530 Amended, read second time House 20010510 Request for debate withdrawn by Representative Simrill House 20010509 Request for debate by Representative Altman Littlejohn Davenport Weeks Scarborough Simrill Stuart Townsend Robinson Trotter G.M. Smith Hinson Miller Stille Martin Walker Sandifer House 20010503 Committee report: Favorable with 21 HEPW amendment House 20010306 Introduced, read first time, 21 HEPW referred to Committee Senate 20010301 Read third time, sent to House Senate 20010222 Co-Sponsor added by Senator Hutto Senate 20010222 Read second time, notice of general amendments Senate 20010222 Committee amendment adopted ------ 20010221 Scrivener's error corrected Senate 20010220 Committee report: Favorable with 15 ST amendment Senate 20010125 Co-Sponsor added by Senator Short Senate 20010123 Introduced, read first time, 15 ST referred to Committee Versions of This Bill Revised on February 20, 2001 - Word format Revised on February 21, 2001 - Word format Revised on February 22, 2001 - Word format Revised on May 3, 2001 - Word format Revised on May 30, 2001 - Word format Revised on June 7, 2001 - Word format
(A65, R148, S187)
AN ACT TO AMEND SECTION 56-5-6410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF A CHILD PASSENGER RESTRAINT SYSTEM IN A MOTOR VEHICLE THAT TRANSPORTS A CHILD UNDER SIX YEARS OF AGE, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO ALL MOTOR VEHICLES THAT OPERATE ON THE STATE'S HIGHWAYS AND STREETS, TO REVISE AND ESTABLISH THE AGE OR WEIGHT, OR BOTH, OF CHILDREN WHO MUST BE RESTRAINED IN EITHER A REAR-FACING SAFETY SEAT, BELT-POSITIONING BOOSTER SEAT, OR AN ADULT SEAT BELT; TO AMEND SECTION 56-5-6520, RELATING TO THE STATE'S MANDATORY USE OF SEAT BELT REQUIREMENT, SO AS TO REVISE THE AGE OF OCCUPANTS OF A MOTOR VEHICLE WHO MUST WEAR A SEAT BELT, PROVIDE THAT CERTAIN MOTOR VEHICLE OCCUPANTS MUST BE SECURED IN A CHILD RESTRAINT SYSTEM, TO PROVIDE THAT A MOTOR VEHICLE OCCUPANT SEVENTEEN YEARS OF AGE OR YOUNGER WHO POSSESSES A DRIVER'S LICENSE, SPECIAL RESTRICTED LICENSE, OR BEGINNER'S PERMIT AND NOT THE DRIVER IS RESPONSIBLE FOR ENSURING THE OCCUPANT WEARS A SEAT BELT AND MUST BE FINED FOR A VIOLATION OF THIS PROVISION; BY ADDING SECTION 56-5-6525 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY OR ANY OTHER LAW ENFORCEMENT AGENCY MUST NOT USE ANY ENDEAVOR OF SYSTEMATIC CHECKPOINTS OR ROADBLOCKS AS A LAW ENFORCEMENT TOOL WHERE THE PRINCIPAL PURPOSE IS TO DETECT AND ISSUE A TICKET TO A VIOLATOR OF THE STATE'S MANDATORY USE OF SEAT BELT REQUIREMENT; TO AMEND SECTION 56-5-6530, RELATING TO EXCEPTIONS TO THE STATE'S MANDATORY USE OF SEAT BELT REQUIREMENTS, SO AS TO PROVIDE THAT A DRIVER OR OCCUPANTS IN A VEHICLE NOT ORIGINALLY EQUIPPED WITH SAFETY BELTS IS EXEMPT FROM THE STATE'S MANDATORY USE OF SEAT BELT REQUIREMENTS; AND TO AMEND SECTION 56-5-6540, RELATING TO PENALTIES FOR VIOLATORS OF THE STATE'S MANDATORY USE OF SEAT BELT REQUIREMENTS, SO AS TO INCREASE THE MONETARY PENALTY AND PROVIDE A MAXIMUM MONETARY PENALTY, TO PROVIDE THAT A CONVICTION FOR A VIOLATION OF THIS PROVISION MUST NOT BE INCLUDED IN AN OFFENDER'S MOTOR VEHICLE RECORDS MAINTAINED BY THE DEPARTMENT OF PUBLIC SAFETY OR IN THE CRIMINAL RECORDS MAINTAINED BY SLED, TO PROVIDE THAT A CITATION MUST BE ISSUED PURSUANT TO A MOTOR VEHICLE STOP MADE WHEN AN OFFICER HAS PROBABLE CAUSE FOR A VIOLATION OF THIS PROVISION BASED ON HIS CLEAR AND UNOBSTRUCTED VIEW OF A DRIVER SEVENTEEN YEARS OF AGE OR YOUNGER OR AN OCCUPANT OF THE MOTOR VEHICLE SEVENTEEN YEARS OF AGE OR YOUNGER WHO IS NOT WEARING A SEAT BELT OR IS NOT SECURED IN A CHILD RESTRAINT SYSTEM WITHOUT CITING ANY OTHER VIOLATION, AND TO PROVIDE THAT A VEHICLE, DRIVER, OR OCCUPANT IN A VEHICLE MAY NOT BE SEARCHED SOLELY FOR A VIOLATION OF THIS PROVISION OR CERTAIN MOTOR VEHICLE STOPS MADE PURSUANT TO THIS PROVISION.
Be it enacted by the General Assembly of the State of South Carolina:
Child passenger restraint system
SECTION 1. Section 56-5-6410 of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:
"Section 56-5-6410. Every driver of a motor vehicle (passenger car, pickup truck, van, or recreational vehicle) operated on the highways and streets of this State when transporting a child five years of age or younger upon the public streets and highways of the State must provide an appropriate child passenger restraint system and must secure the child as follows:
(1) A child from birth up to one year of age or who weighs less than twenty pounds must be properly secured in a rear-facing child safety seat which meets the standards prescribed by the National Highway Traffic Safety Administration.
(2) A child who is at least one year of age but less than six years of age and who weighs at least twenty pounds but less than forty pounds must be secured in a forward-facing child safety seat provided in the motor vehicle which meets the standards prescribed by the National Highway Traffic Safety Administration.
(3) A child who is at least one year of age but less than six years of age and who weighs at least forty pounds but not more than eighty pounds must be secured by a belt-positioning booster seat. The belt-positioning booster seat must be used with both lap and shoulder belts. A booster seat must not be used with a lap belt alone.
(4) If a child is at least one year of age but less than six years of age and weighs more than eighty pounds, the child may be restrained in an adult safety belt. If a child less than six years of age can sit with his back straight against the vehicle seat back cushion, with his knees bent over the vehicle's seat edge without slouching, the child may be seated in the regular back seat and secured by an adult safety belt.
(5) A child who is less than six years of age must not occupy a front passenger seat of a motor vehicle. This restriction does not apply if the motor vehicle does not have rear passenger seats or if all rear passenger seats are occupied by other children less than six years of age.
Any child restraint system of a type sufficient to meet the physical standards prescribed by the National Highway Traffic Safety Administration at the time of its manufacture is sufficient to meet the requirements of this article."
Mandatory use of seat belts
SECTION 2. Section 56-5-6520 of the 1976 Code is amended to read:
"Section 56-5-6520. The driver and every occupant of a motor vehicle, when it is being operated on the public streets and highways of this State, must wear a fastened safety belt which complies with all provisions of federal law for its use. The driver is charged with the responsibility of requiring each occupant seventeen years of age or younger to wear a safety belt or be secured in a child restraint system as provided in Article 47 of this chapter. However, a driver is not responsible for an occupant seventeen years of age or younger who has a driver's license, special restricted license, or beginner's permit and who is not wearing a seat belt; such occupant is in violation of this article and must be fined in accordance with Section 56-5-6540."
Click It or Ticket
SECTION 3. The 1976 Code is amended by adding:
"Section 56-5-6525. The Department of Public Safety or any other law enforcement agency must not use a 'Click It or Ticket' campaign or a similar endeavor of systematic checkpoints or roadblocks as a law enforcement tool where the principal purpose is to detect and issue a ticket to a violator of the provisions of this article on either a primary or secondary basis."
Mandatory use of seat belts exceptions
SECTION 4. Section 56-5-6530 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"(11) a driver or occupants in a vehicle not originally equipped with safety belts."
Penalties
SECTION 5. Section 56-5-6540 of the 1976 Code is amended to read:
"Section 56-5-6540. (A) A person who violates the provisions of this article, upon conviction, must be fined not more than twenty-five dollars, all or part of which may be suspended. No court costs, assessments, or surcharges may be assessed against the person convicted. No person may be fined more than fifty dollars for any one incident of one or more violations of the provisions of this article. No custodial arrest for a violation of this article may be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A conviction for violation of this article does not constitute a criminal offense. Notwithstanding Section 56-1-640, a conviction for a violation of this article must not be included in the offender's motor vehicle records maintained by the Department of Public Safety or in the criminal records maintained by SLED.
(B) A law enforcement officer must not stop a driver for a violation of this article in the absence of another violation of the motor vehicle laws except as follows:
(1) when the officer has probable cause for a violation of this article based on his clear and unobstructed view of a driver seventeen years of age or younger or an occupant of the motor vehicle seventeen years of age or younger who is not wearing a safety belt or is not secured in a child restraint system as required by Article 47; or
(2) when the stop is made in conjunction with a driver's license check or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time.
(C) A citation for a violation of this article, except for a citation issued pursuant to a stop made under subsection (B)(1), must not be issued without citing the violation that initially caused the officer to effect the enforcement stop.
(D) A citation issued pursuant to a stop made under subsection (B)(1) may be issued without citing any other violation.
(E) A violation of this article does not constitute negligence per se or contributory negligence, and is not admissible as evidence in a civil action.
(F) No vehicle, driver, or occupant in a vehicle may be searched solely because of a violation of this article or a stop made under subsection (B)(1)."
Time effective
SECTION 6. This act takes effect July 1, 2001, and applies to all offenses committed on or after that date.
Ratified the 28th day of June, 2001.
Approved the 3rd day of July, 2001.
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