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COMMITTEE REPORT
May 29, 2007
H. 3853
Introduced by Reps. Witherspoon, Walker, Bales, Harvin, Littlejohn, Lowe, Mahaffey, Miller, M.A. Pitts and Spires
S. Printed 5/29/07--H.
Read the first time April 11, 2007.
To whom was referred a Bill (H. 3853) to amend Section 56-5-4630, Code of Laws of South Carolina, 1976, relating to the placement of a red light, lantern, or flag upon a load, 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 all after the enacting words and inserting:
/ SECTION 1. Section 56-5-4630 of the 1976 Code is amended to read:
"Section 56-5-4630. (A) Whenever the load upon a vehicle extends to the rear four feet or more beyond the bed or body of the vehicle, there the vehicle must be equipped with, displayed at the extreme rear end of the load, at the times specified in Section 56-5-4450, a red light or lantern plainly visible from a distance of at least five hundred feet to the sides and rear. The red light or lantern required under this section is in addition to the red rear light required upon every vehicle. At any other time there must be displayed at the extreme rear end of the load a red flag or cloth not less than twelve inches by twelve inches and hung making the entire area visible to the driver of a vehicle approaching from the rear. the following safety equipment:
(1) One amber strobe-type lamp equipped with a multi-directional type lens mounted so as to be visible from the rear and side of the projecting load must be securely affixed as close as practical to the end of the projecting load. If the mounting of one strobe lamp cannot be accomplished to be visible from both sides and rear of the projecting load, multiple strobe lamps must be utilized to meet the visibility requirements. The strobe lamp shall flash at a rate of at least sixty flashes per minute and must be plainly visible from a distance of at least five hundred feet to the sides and rear of the projecting load. The lamp must be operating any time when the vehicle is operated on a highway or parked on the shoulder or immediately adjacent to the traveled portion of a public roadway.
(2) If the strobe light required by this section becomes temporarily inoperable while transporting a load between points, then the vehicle must have a red light or lantern plainly visible from a distance of at least five hundred feet to the side or rear. The red light or lantern must be displayed at the extreme rear of the load.
(B) The projecting load must be marked at the extreme rear of the load with a red flag or cloth not less than twelve inches by twelve inches and hung so that the entire area is visible to the driver of a vehicle approaching from the rear.
(C) Utility companies when responding to an emergency situation such as caused by storms or accidents are exempt from the provisions of this section."
SECTION 2. SECTION 56-3-1240 of the 1976 Code is amended to read:
License plates issued for motor vehicles must be attached to the outside rear of the vehicle, open to view., except that on However, with truck tractors and road tractors, the plates must be attached to the outside front of the vehicle with the exception that single unit commercial motor vehicles with a gross vehicle weight rating in excess of 26,000 pounds may have the license plate on either the outside front or rear of the vehicle. Every license plate, at all times, must be fastened securely in a horizontal and upright position to the vehicle for which it was issued so as to prevent the plate from swinging. The bottom of the plate must be at a height of not less than twelve inches from the ground in a place and position clearly visible as provided in Section 56-5-4530, and it must be maintained free from foreign materials and in a clearly legible condition. No other license plate, lighting equipment, except as permitted in Section 56-5-4530, tag, sign, monogram, tinted cover, or inscription of metal or other material may be displayed above, around, or upon the plate other than that which is authorized and issued by the Department of Motor Vehicles for the purpose of validating the plate. It is not unlawful to place a decal on the license plate if it does not obscure any letters or numbers. A motor vehicle owner may attach a trailer hitch to a motor vehicle provided the hitch does not obscure more than two inches of the license plate issued to the motor vehicle. It is unlawful to operate or drive a motor vehicle with the license plate missing and a person who is convicted for violating this section must be punished as provided by Section 56-3-2520.
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
ROBERT E. WALKER for Committee.
TO AMEND SECTION 56-5-4630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PLACEMENT OF A RED LIGHT, LANTERN, OR FLAG UPON A LOAD THAT EXTENDS FOUR FEET OR MORE BEYOND THE BED OR BODY OF A VEHICLE, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH THE RED LIGHT, LANTERN, OR FLAG MUST BE PLACED UPON THE LOAD, AND TO PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES AN AMBER STROBE LIGHT MUST BE AFFIXED TO THE LOAD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-4630 of the 1976 Code is amended to read:
"Section 56-5-4630. (A) Whenever the load upon a vehicle extends to the rear four feet or more beyond the bed or body of the vehicle, there the vehicle must be equipped with, displayed at the extreme rear end of the load, at the times specified in Section 56-5-4450, a red light or lantern plainly visible from a distance of at least five hundred feet to the sides and rear. The red light or lantern required under this section is in addition to the red rear light required upon every vehicle. At any other time there must be displayed at the extreme rear end of the load a red flag or cloth not less than twelve inches by twelve inches and hung making the entire area visible to the driver of a vehicle approaching from the rear. the following safety equipment:
(1) securely affixed as close as practical to the end of the projecting load, one amber strobe-type lamp equipped with a multi-directional type lens mounted so as to be visible from the rear and side of the projecting load. If the mounting of one strobe lamp cannot be accomplished to be visible from both sides and rear of the projecting load, multiple strobe lamps must be utilized to meet the visibility requirements. The strobe lamp shall flash at a rate of at least sixty flashes per minute and must be plainly visible from a distance of at least five hundred feet to the sides and rear of the projecting load. The lamp must be operating any time when the vehicle is operated on a highway or parked on the shoulder or immediately adjacent to the traveled portion of a public roadway; or
(2) a red light or lantern plainly visible from a distance of at least five hundred feet to the side or rear must be displayed at the extreme rear of the load if the strobe light required by this section becomes temporarily inoperable while transporting a load between points.
(B) The projecting load must be marked at the extreme rear of the load with a red flag or cloth not less than twelve inches by twelve inches and hung so that the entire area is visible to the driver of a vehicle approaching from the rear.
(C) Utility companies when responding to an emergency situation such as caused by storms or accidents are exempt from the provisions of this section."
SECTION 2. This act takes effect upon approval by the Governor.
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