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S. 750
STATUS INFORMATION
General Bill
Sponsors: Senator Mescher
Document Path: l:\council\bills\swb\5567cm03.doc
Introduced in the Senate on June 5, 2003
Currently residing in the Senate Committee on Transportation
Summary: Police and emergency vehicles, equipment on and other provisions
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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6/5/2003 Senate Introduced and read first time SJ-54
6/5/2003 Senate Referred to Committee on Transportation SJ-54
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 56-5-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VEHICLES THAT MAY BE DESIGNATED AS AUTHORIZED EMERGENCY VEHICLES, SO AS TO PROVIDE THAT PUBLIC AND PRIVATE VEHICLES CERTIFIED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AS EMERGENCY VEHICLES ARE AUTHORIZED EMERGENCY VEHICLES; TO AMEND SECTION 56-5-760, RELATING TO THE OPERATION OF AN AUTHORIZED EMERGENCY VEHICLE, SO AS TO PROVIDE THAT AN AUTHORIZED EMERGENCY VEHICLE NEED NOT USE AN AUDIBLE SIGNAL WHEN PARKED OR STANDING AND TO PROVIDE THAT THE PROVISIONS IN THIS SECTION DO NOT RELIEVE THE DRIVER OF AN AUTHORIZED EMERGENCY VEHICLE FROM THE DUTY TO PARK, OR STAND WITH DUE REGARD FOR THE SAFETY OF ALL PERSONS; TO AMEND SECTION 56-5-4700, RELATING TO CERTAIN AUDIBLE SIGNAL DEVICES AND SIGNAL LAMPS THAT MUST SERVE AS EQUIPMENT ON EMERGENCY VEHICLES, SCHOOL BUSES, AND POLICE VEHICLES, SO AS TO REVISE THE TYPE OF AUDIBLE SIGNAL DEVICES AND SIGNAL LAMPS THAT MUST SERVE AS EQUIPMENT ON A POLICE VEHICLE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-170 of the 1976 Code is amended to read:
"Section 56-5-170. Fire department vehicles, police vehicles, ambulances and rescue squad vehicles which are publicly owned, other emergency vehicles designated by the department or the chief of police of a municipality, public and private vehicles certified by the Department of Health and Environmental Control as emergency vehicles and public and private vehicles while transporting individuals actually engaged in emergency activities because of the membership of one or more occupants of a fire department, police department or rescue squad are 'authorized emergency vehicles'."
SECTION 2. Section 56-5-760 of the 1976 Code is amended to read:
"Section 56-5-760. (A) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions of this section.
(B) The driver of an authorized emergency vehicle may:
(1) park or stand, notwithstanding any other provision of this chapter;
(2) proceed past a red or stop signal or stop sign but only after slowing down as may be necessary for safe operation;
(3) exceed the maximum speed limit if he does not endanger life or property;
(4) disregard regulations governing direction of movement or turning in specified directions.
(C) The exemptions in this section granted to an authorized emergency vehicle apply only when the vehicle is 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 of this chapter, except that: (1) an authorized emergency vehicle need not use an audible signal when parked or standing; or (2) an authorized emergency vehicle operated as a police vehicle need not use an audible signal nor display a visual signal when the vehicle is being used to:
(1)(a) obtain evidence of a speeding violation;
(2)(b) respond to a suspected crime in progress when use of an audible or visual signal, or both, could reasonably result in the destruction of evidence or escape of a suspect; or
(3)(c) surveil another vehicle or its occupants who are suspected of involvement in a crime.
(D) The provisions of this section do not relieve the driver of an authorized emergency vehicle from the duty to park, stand, or drive with due regard for the safety of all persons.
(E) The Criminal Justice Academy shall promulgate regulations pursuant to the Administrative Procedures Act so as to provide uniform guidelines and training programs for law enforcement agencies which use emergency vehicles. Law enforcement agencies authorized to use emergency vehicles shall use the regulations developed by the Criminal Justice Academy to provide written guidelines and to provide training programs for its officers and employees regarding the operation of emergency vehicles."
SECTION 3. Section 56-5-4700 of the 1976 Code is amended to read:
"Section 56-5-4700. (a)(A) Every authorized emergency vehicle shall, in addition to any other equipment and distinctive markings required by this chapter, be equipped with a siren, exhaust whistle or bell capable of giving an audible signal.
(b)(B) Every school bus and every authorized emergency vehicle, other than police vehicles, shall, in addition to any other equipment and distinctive markings required by this chapter, be equipped with signal lamps mounted as high and as widely spaced laterally as practicable, which shall be capable of displaying to the front two alternately flashing red lights located at the same level and to the rear two alternately flashing red lights located at the same level, and these lights shall have sufficient intensity to be visible at five hundred feet in normal sunlight. Provided, that vehicles of any fire department or funeral home when equipped with a mounted, oscillating, rotating or flashing red light, visible in all directions for a distance of five hundred feet in normal sunlight, shall not be required to have additional signal lamps.
(c)(C) A police vehicle when used as an authorized emergency vehicle may but need not be equipped with alternately flashing red lights as specified herein. Also, such vehicle may in lieu of the alternately flashing red lights be equipped with a special dome-mounted oscillating, rotating, or flashing red or blue light lights visible from a distance of five hundred feet to the front in normal sunlight; provided, that . However, it shall be is unlawful for any a person to possess any a flashing, oscillating, or rotating blue light on any a vehicle except one used primarily for law enforcement purposes.
Provided, further, that after January 1, 1967, all police vehicles when used as an authorized emergency vehicle shall then be equipped with dome-mounted, oscillating, rotating or flashing blue lights visible from a distance of five hundred feet.
(d)(D) The alternately flashing lighting described in subsection (b) subsections (B) and (C) of this section shall not be used on any vehicle other than an authorized emergency vehicle. Provided, that However, a school bus may use the alternately flashing red lighting described in subsection (b)(B), or red flashing lights in the rear and amber flashing lights in the front.
(e)(E) The use of the signal equipment described herein shall impose upon drivers of other vehicles the obligation to yield right-of-way and stop as prescribed in Sections 56-5-2360 and 56-5-2770."
SECTION 4. This act takes effect upon approval by the Governor.
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