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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1537 SO AS TO PROVIDE THAT A DRIVER OF A MOTOR VEHICLE APPROACHING A VEHICLE COLLECTING SOLID WASTE OR RECOVERED MATERIALS, AS PROVIDED IN SECTION 56-5-2510, MUST PROCEED WITH CAUTION AND, IF POSSIBLE, YIELD THE RIGHT OF WAY BY MAKING A LANE CHANGE INTO A LANE THAT IS NOT ADJACENT TO THE VEHICLE COLLECTING SOLID WASTE OR RECOVERED MATERIALS, AND TO PROVIDE A PENALTY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 11, Chapter 5, Title 56 of the 1976 Code is amended by adding :
"Section 56-5-1537. (A) The driver of a motor vehicle, upon approaching a vehicle stopped for the sole purpose of collecting solid waste or recovered materials as provided in Section 56-5-2510(C) shall:
(1) proceed with caution and, if possible, with due regard for safety and traffic conditions, yield the right of way my making a lane change into a lane that is not adjacent to the vehicle collecting solid waste or recovered materials along a highway that has at least four lanes with at least two intended for traffic proceeding in the direction of the approaching vehicle; or
(2) if a lane change pursuant to item (1) is not possible or is unsafe, slow the vehicle, proceed at a speed safe for highway conditions, and be prepared to stop until completely past the vehicle collecting solid waste or recovered materials.
(B)(1) A person who is adjudicated to be in violation of the provisions of this section must be fined not more than twenty-five dollars, no part of which may be suspended. No court costs, assessments, or surcharges may be assessed against a person who violates a provision of this section. A person must not be fined more than fifty dollars for any one incident of one or more violations of the provisions of this section. A custodial arrest for a violation of this section must not be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A violation of this section does not constitute a criminal offense. Notwithstanding Section 56-1-640, a violation of this section must not be:
(a) included in the offender's motor vehicle records maintained by the Department of Motor Vehicles or in the criminal records maintained by SLED; or
(b) reported to the offender's motor vehicle insurer.
(2) During the first one hundred eighty days after this section's effective date, law enforcement officers shall issue only warnings for violations of this section.
(C) The offense contained in this section is a separate offense and is in addition to any other offense for which the person may be convicted."
SECTION 2. This act takes effect upon approval by the Governor.
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