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COMMITTEE REPORT
April 19, 2000
H. 4563
S. Printed 4/19/00--H.
Read the first time February 8, 2000.
To whom was referred a Bill (H. 4563), to amend Section 56-1-720, Code of Laws of South Carolina, 1976, relating to the establishment of the point system for the evaluation of the operating record of a person to whom a driver's license has been issued, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking SECTION 1 and SECTION 3 in their entirety.
Amend the bill further, Section 56-5-1520(G), as contained in SECTION 2, page 2, by striking / while driving a vehicle with less than six wheels / on line 39.
Amend the bill further, Section 56-5-1520(H), as contained in SECTION 2, page 3, by striking / vehicle with at least six wheels / on line 14, and inserting /commercial motor vehicle which requires the driver to possess a commercial driver's license /.
Amend the bill further, Section 56-5-1520(H)(3), as contained in SECTION 2, page 3, by striking /twenty-five / on line 24 and inserting /twenty /
Amend the bill further, Section 56-5-1520(H)(4), as contained in SECTION 2, page 3, by striking /twenty-five / on line 27 and inserting /twenty /.
So that when amended, the bill shall read:
/ SECTION 1. Section 56-5-1520(G), (H), and (I) of the 1976 Code, as last amended by Act 17 of 1999, is further amended to read:
"(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 person violating the speed limits established by this section 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;
(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;
(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; 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.
(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 2. This act takes effect upon approval by the Governor. /
Amend title to conform.
Renumber sections.
Majority favorable. Minority unfavorable.
JAMES H. HARRISON J.M. KNOTTS, JR.
For Majority. For Minority.
TO AMEND SECTION 56-1-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE POINT SYSTEM FOR THE EVALUATION OF THE OPERATING RECORD OF A PERSON TO WHOM A DRIVER'S LICENSE HAS BEEN ISSUED AND FOR THE DETERMINATION OF THE CONTINUED QUALIFICATIONS OF THE PERSON TO DRIVE, SO AS TO REVISE THE MAXIMUM SPEED LIMIT ASSOCIATED WITH A FOUR-POINT VIOLATION FOR SPEEDING AND THE MAXIMUM SPEED LIMIT ASSOCIATED WITH A SIX-POINT VIOLATION FOR SPEEDING; AND TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO THE ALTERATION OF SPEED LIMITS BY LOCAL AUTHORITIES, SO AS TO PROVIDE PENALTIES FOR PERSONS WHO VIOLATE THE SPEED LIMIT WHILE OPERATING A VEHICLE WITH LESS THAN SIX WHEELS AND VEHICLES WITH SIX WHEELS OR MORE, AND TO PROVIDE THAT A PERSON WHO OPERATES A VEHICLE IN EXCESS OF TWENTY-FIVE MILES AN HOUR ABOVE THE POSTED SPEED LIMIT SHALL LOSE HIS PRIVILEGE TO DRIVE FOR SIX MONTHS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-1-720 of the 1976 Code, is amended to read:
"Section 56-1-720. There is established a point system for the evaluation of the operating record of persons to whom a license to operate motor vehicles has been granted and for the determination of the continuing qualifications of these persons for the privileges granted by the license to operate motor vehicles. The system shall have as its basic element a graduated scale of points assigning relative values to the various violations in accordance with the following schedule:
VIOLATION POINTS
Reckless driving 6
Passing stopped school bus 6
Hit-and-run, property damages only 6
Driving too fast for conditions, or speeding:
(1) No more than 10 m.p.h. above the
posted limits 2
(2) More than 10 m.p.h. but less than 25 20
m.p.h. above the posted limits 4
(3) 25 20 m.p.h. or above the posted limits 6
Disobedience of any official traffic control device 4
Disobedience to officer directing traffic 4
Failing to yield right of way 4
Driving on wrong side of road 4
Passing unlawfully 4
Turning unlawfully 4
Driving through or within safety zone 4
Failing to give signal or giving improper signal for
stopping, turning, or suddenly decreased speed 4
Shifting lanes without safety precaution 2
Improper dangerous parking 2
Following too closely 4
Failing to dim lights 2
Operating with improper lights 2
Operating with improper brakes 4
Operating a vehicle in unsafe condition 2
Driving in improper lane 2
Improper backing 2"
SECTION 2. Section 56-5-1520(G), (H), and (I) of the 1976 Code, as last amended by Act 17 of 1999, is further amended to read:
"(G) A person violating the speed limits established by this section while driving a vehicle with less than six wheels 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 person violating the speed limits established by this section while driving a vehicle with at least six wheels 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;
(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;
(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 seventy-five dollars nor more than one hundred twenty-five dollars; and
(4) in excess of twenty-five 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.
(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. This act takes effect upon approval by the Governor.
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