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Current Status Bill Number:View additional legislative information at the LPITS web site.3480 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010206 Primary Sponsor:J.E. Smith All Sponsors:J.E. Smith and Miller Drafted Document Number:l:\council\bills\ggs\22822cm01.doc Residing Body:Senate Date of Last Amendment:20020530 Subject:Emergency, police, law enforcement vehicles; driver to yield right-of-way when signals used; Motor Vehicles History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20020605 Objection by Senator Martin Senate 20020530 Amended Senate 20020523 Amended Senate 20020522 Reconsidered, notice of general amendments given and returned to the third reading calendar Senate 20020522 Recalled from House Senate 20020521 Amended, read third time, returned to House with amendment ------ 20020520 Scrivener's error corrected Senate 20020516 Amended, read second time, notice of general amendments ------ 20010517 Scrivener's error corrected Senate 20010516 Committee report: Favorable with 15 ST amendment Senate 20010419 Introduced, read first time, 15 ST referred to Committee House 20010418 Read third time, sent to Senate House 20010411 Amended, read second time House 20010411 Request for debate by Representative Knotts Rutherford Kennedy Stuart Bingham Frye Lloyd Simrill Trotter Loftis Leach House 20010410 Debate interrupted House 20010404 Committee report: Favorable 25 HJ House 20010206 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on April 4, 2001 - Word format Revised on April 11, 2001 - Word format Revised on May 16, 2001 - Word format Revised on May 17, 2001 - Word format Revised on May 16, 2002 - Word format Revised on May 16, 2002-A - Word format Revised on May 20, 2002 - Word format Revised on May 21, 2002 - Word format Revised on May 23, 2002 - Word format Revised on May 30, 2002 - Word format
Indicates Matter Stricken
Indicates New Matter
AMENDED
May 30, 2002
H. 3480
S. Printed 5/30/02--S.
Read the first time April 19, 2001.
TO AMEND SECTION 56-5-2360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRIVER OF A VEHICLE YIELDING THE RIGHT-OF-WAY TO AN EMERGENCY OR POLICE VEHICLE WHEN AN EMERGENCY OR POLICE VEHICLE MAKES USE OF CERTAIN SIGNALS, SO AS TO PROVIDE THAT WHEN A POLICE VEHICLE MAKES USE OF A VISUAL AS WELL AS AUDIBLE SIGNAL, THE DRIVER OF EVERY OTHER VEHICLE MUST YIELD THE RIGHT-OF-WAY TO THE POLICE VEHICLE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-2360(a) of the 1976 Code is amended to read:
"(a) Upon the immediate approach of an authorized emergency vehicle 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, or of a police vehicle properly and lawfully making use of an audible signal or visual signal only, the driver of every other vehicle traveling along a two-lane roadway shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible, to the right hand edge or curb of the roadway clear of any intersection and shall stop and remain in such that position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. A driver of a vehicle traveling along a multilane roadway shall yield the right-of-way and shall remain in, or move to a location that allows the emergency vehicle or police vehicle to pass safely, except as otherwise directed by a police officer."
SECTION 2. Section 56-3-120 of the 1976 Code, as last amended by Act 375 of 2000, is further amended by adding at the end:
"(6) firefighting vehicles that are publicly owned by the state or a county, municipality, or special purpose district as follows:
(a) motorized firefighting vehicles that carry a pump or water tank in excess of three hundred gallons;
(b) motorized firefighting vehicles containing a hydraulically operated ladder; and
(c) specialized support vehicles that specifically transport equipment utilized for rescue operations, hazardous materials response, wildfire emergencies, breathing air refill support, and incident command."
SECTION 3. (A) The 1976 Code is amended by adding:
"Section 56-1-464. (A) Notwithstanding the provisions of Section 56-1-460, a person who drives a motor vehicle on any public highway of the State when his license is canceled, suspended, or revoked solely based on an out-of-state motor vehicle violation for which the penalty is a fine and the fine has not been paid to the out-of-state agency and when the violation is not based upon a charge of driving under the influence of alcohol or drugs or a reckless driving charge may petition the magistrate's court to dismiss the state's charge of driving under suspension based upon the out-of-state violation if:
(1) the person presents to the court a satisfactory resolution of the out-of-state violation as exhibited by an official receipt from the out-of-state agency that the fine has been paid; and
(2) the person pays an assessment to the magistrate's court for a first offense of five hundred dollars; for a second offense of one thousand dollars; for a third offense of one thousand five hundred dollars; and for a fourth and subsequent offense of two thousand dollars. This assessment is not subject to an additional assessment under the provisions of Sections 14-1-207 or 14-1-208.
Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, an offense punishable under this subitem must be tried exclusively in magistrate's court.
(B) The provisions of Section 56-1-464 as contained in this section apply to any applicable out-of-state offense committed within the last ten years before the effective date of this section, notwithstanding any other provision of this act to the contrary."
SECTION 4. Section 56-5-1538 of the 1976 Code, as added by Act 256 of 1996, is amended to read:
"Section 56-5-1538. (A) An emergency scene is a location designated by the potential need to provide emergency medical care and is identified by emergency vehicles with flashing red lights, rescue equipment, or emergency personnel on the scene.
(B) An emergency scene is a special hazard.
(C) An emergency scene is under the authority of the first arriving emergency personnel, which includes emergency medical services personnel, until the arrival of the fire or law enforcement officials having jurisdiction. All motor vehicles passing through an emergency scene and pedestrians observing an emergency scene must obey and not interfere with the duties of emergency personnel. Motor vehicles and bystanders may not block access to or exit from an emergency scene.
(D) The management authority of emergency medical services is limited to managing patient care and preventing further injury to the patients and on-scene personnel. This authority may be delegated by emergency personnel to provide an adequate level of safety.
(E) A paid or volunteer worker at an emergency scene has proper authority to be at and control the scene in a manner consistent with his training.
(F) The driver of a vehicle shall ensure that the vehicle is kept under control when approaching or passing an emergency scene or authorized emergency vehicle stopped on or near the right-of-way of a street or highway with emergency lights flashing. The exercise of control required for a driver to comply with this section is that control possible and necessary by the driver to prevent a collision, to prevent injury to persons or property, and to avoid interference with the performance of emergency duties by emergency personnel.
(G) A person driving a vehicle approaching a stationery authorized emergency vehicle that is giving a signal by displaying alternately flashing red, red and white, blue, or red and blue lights, or amber or yellow warning lights shall proceed with due caution, significantly reduce the speed of the vehicle, and:
(1) yield the right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least four lanes with not less than two lanes proceeding in the same direction as the approaching vehicle; or
(2) maintain a safe speed for road conditions, if changing lanes is impossible or unsafe.
(H) A person who violates the provisions this section is guilty of the misdemeanor of endangering emergency services personnel and, upon conviction, must be fined not less than three hundred dollars nor more than five hundred dollars.
(I) For purposes of this section:
(1) 'Authorized emergency vehicle' means any ambulance, police, fire, rescue, recovery, or towing vehicle authorized by this State, county, or municipality to respond to a traffic incident.
(2) 'Emergency services personnel' means fire, police, or emergency medical services personnel (EMS) responding to an emergency incident."
SECTION 5. Section 56-5-2522 of the 1976 Code as added by Act 195 of 2002, is amended to read:
"Section 56-5-2522. (A) Notwithstanding another provision of law, a law enforcement officer who directs that a vehicle or object and its contents be towed for any reason, whether on public or private property, must use the established towing procedure for his jurisdiction.
(B) Sixty days After a vehicle or object has been towed, a law enforcement officer of the jurisdiction that must notify the owners and lienholders as provided in Section 56-5-5630, must provide the towing company the current owner's name, address, and a record of all lienholders along with the make, model, and vehicle identification number or a description of the object on the proper forms.
(C) A proprietor, owner, and operator of a storage place, garage, or towing service, which has towed and stored a vehicle or object, has a lien against the vehicle or object and its contents, and may have the vehicle or object and its contents sold at public auction. Storage costs can be charged for a period not to exceed sixty days after which the owner, lienholder of record, or both, must be notified of all current charges and additional storage costs that have accrued on the date a certified notice is mailed. Thirty Fifteen days after the notice is mailed, the vehicle or object and its contents may must be considered abandoned and sold by a regular or special constable appointed by the sheriff, or his designee, or chief of police, or his designee, as provided by Section 56-5-5640."
SECTION 6. Section 56-5-2990(B) of the 1976 Code, as last amended by Part II, Section 11 of Act 100 of 1999, is further amended to read:
"(B) Any A person whose license is suspended under the provisions of this section, Section 56-1-286, or Section 56-5-2951 must be notified by the department of the suspension and of the requirement to enroll in and successfully complete an Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug Abuse Services. A person who must complete an Alcohol and Drug Safety Action Program as a condition of reinstatement of his driving privileges or a court-ordered drug program may use the route restricted or special restricted driver's license to attend the Alcohol and Drug Safety Action Program classes or court-ordered drug program in addition to the other permitted uses of a route restricted driver's license or a special restricted driver's license. An assessment of the extent and nature of the alcohol and drug abuse problem, if any, of the applicant must be prepared and a plan of education or treatment, or both, must be developed for the applicant. Entry into and successful completion of the services, if the services are necessary, recommended in the plan of education or treatment, or both, developed for the applicant is a mandatory requirement of the restoration of driving privileges to the applicant whose license is suspended pursuant to this section. The Alcohol and Drug Safety Action Program shall determine if the applicant has successfully completed the services. Alcohol and Drug Safety Action Programs shall begin meet at least once a month. The person whose license is suspended must attend the first Alcohol and Drug Safety Action Program available after the date of enrollment."
SECTION 7. Section 56-5-2951(J)(1) and (2) of the 1976 Code, as added by Act 434 of 1998, is amended to read:
"(1) If the suspension is upheld at the administrative hearing, the person may apply for a special restricted driver's license if he is employed or enrolled in a college or university. The special restricted license shall permit him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The special restricted license also shall permit him to drive to and from the Alcohol Drug Safety Action Program classes, or to a court-ordered drug program. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment, or place of education, location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment, or his place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program.
(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance of Alcohol and Drug Safety Action Program classes, status of attendance of his court-ordered drug program or residence must be reported immediately to the department by the licensee."
SECTION 8. Section 56-5-2951(R) of the 1976 Code, as added by Act 115 of 1999, is amended to read:
"(R) If a person does not request an administrative hearing within the ten-day period as authorized pursuant to this section, the person may file with the department a form after enrolling in an approved Alcohol and Drug Safety Action Program to apply for a special restricted driver's license. The special restricted license shall permit him to drive only to and from work and his place of education and in the course of his employment or education during the period of suspension. The special restricted license also shall permit him to drive to and from Alcohol and Drug Safety Action Program classes, or a court-ordered drug program. The department may issue the special restricted driver's license at any time following the suspension upon a showing by the individual that he is employed or enrolled in a college or university, that he lives further than one mile from his place of employment, or place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program and that there is no adequate public transportation between his residence and his place of employment, or his place of education, the location of his Alcohol and Drug Safety Action Program classes, or the location of his court-ordered drug program. The department shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance of Alcohol and Drug Safety Action Program classes, status of his court-ordered drug program, or residence must be reported immediately to the department by the licensee. The route restrictions, requirements, and fees imposed by the department for the issuance of the special restricted driver's license issued pursuant to this item are the same as those provided in this section had the person requested an administrative hearing. A special restricted driver's license is valid until the person successfully completes an approved Alcohol and Drug Safety Action Program, unless the person fails to complete or make satisfactory progress to complete the program."
SECTION 9. Section 56-5-2780(A) of the 1976 Code is amended to read:
"(A) A driver of a vehicle violating Section 56-5-2770(a) or (e) is guilty of a misdemeanor and, upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bail for a first offense must be fined not less than five hundred dollars or imprisoned not more than thirty days. In lieu of imprisonment, the court may require that the individual complete an appropriate term of community service of not fewer than ten days upon terms and conditions the court considers proper. Notwithstanding any other provision of law, a first offense for a violation of Section 56-5-2770(a) or (e) may be tried in magistrate's court. Upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bail for a second or subsequent violation of Section 56-5-2770(a) or (e), a person is guilty of a misdemeanor and must be fined not less than two thousand dollars or more than five thousand dollars or imprisoned for not fewer than thirty days and not more than sixty days."
SECTION 10. Section 56-1-745(C)(1) of the 1976 Code, as last amended by Act 421 of 1992, is further amended to read:
"(1) If an individual is employed or enrolled in a college, or university, or court-ordered drug program, at any time while his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work or his place of education, or to a court-ordered drug program, and in the course of his employment or education during the period of suspension. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a college, or university, or court-ordered drug program, that he lives further than one mile from his place of employment, or education, or court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment or place of education."
SECTION 11. Section 56-1-746(D)(1) and (2) of the 1976 Code, as last amended by Act 421 of 1992, is further amended to read:
"(1) If an individual is employed or enrolled in a college or university, or a court-ordered drug program, at any time while his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work, or his place of education, or the court-ordered drug program, and in the course of his employment, or education, or a court-ordered drug program during the period of suspension. The department may issue the special restricted driver's license only upon showing by the individual that he is employed or enrolled in a college, or university, or court-ordered drug program, that he lives further than one mile from his place of employment, or education, or court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment, or his place of education, or court-ordered drug program.
(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance in his court-ordered drug program, or residence must be reported immediately to the department by the licensee."
SECTION 12. This act takes effect upon approval by the Governor.
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