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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 5, 2008
H. 4622
Introduced by Reps. Hutson, Dantzler, Limehouse, Miller, Perry, Umphlett, Witherspoon and Knight
S. Printed 3/5/08--H. [SEC 3/6/08 4:00 PM]
Read the first time January 31, 2008.
To whom was referred a Bill (H. 4622) to amend Section 56-1-720, Code of Laws of South Carolina, 1976, relating to points assessed a person's driving record for violating certain provisions that regulate, 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 56-1-720 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
m.p.h. above the posted limits 4
(3) 25 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
Improper operation of a vehicle when approaching
a stationary emergency vehicle 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 56-5-1538 of the 1976 code is amended to read:
"Section 56-5-1538. (A) An emergency scene is a any location designated by the potential need to provide fire services, emergency medical care, official law enforcement duties, or rescue, recovery and towing operations. and is An emergency scene is identified by emergency vehicles with flashing lights, rescue equipment, or emergency personnel on the scene.
(B) An emergency scene is a special hazard that requires reduced speed and additional caution by all drivers approaching and entering it.
(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. This subsection does not relieve this person from the duty to drive while exercising due regard for the safety of all persons using the highway.
(F) The driver of a vehicle shall ensure that the vehicle is kept under control and shall reduce his speed and be prepared to stop 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 stationary 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)(1) A person who violates the provisions of this section is guilty of the misdemeanor of endangering emergency services personnel improper operation of a motor vehicle when approaching a stationary emergency vehicle and, upon conviction, must be fined not less more than three hundred dollars nor more than five hundred dollars and have four points assessed against his driving record for the first offense.
(2) For a second or subsequent violation of this section, if the second or subsequent violation occurs within ten years of the previous violation of this section, the person is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than two years. However, instead of imprisonment, the court may provide for not more than forty-eight hours of public service employment.
(3) If a person violates this section and causes serious injury or death to a law enforcement officer, firefighter, emergency vehicle operator, or any other emergency response person in the immediate area of the authorized emergency vehicle, he is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned for not more than ten years.
(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 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
TO AMEND SECTION 56-1-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POINTS ASSESSED A PERSON'S DRIVING RECORD FOR VIOLATING CERTAIN PROVISIONS THAT REGULATE THE OPERATION OF A MOTOR VEHICLE, SO AS TO PROVIDE THAT FOUR POINTS MUST BE ASSESSED AGAINST THE DRIVING RECORD OF A PERSON FOR THE IMPROPER OPERATION OF A VEHICLE WHEN APPROACHING A STATIONARY EMERGENCY VEHICLE; AND TO AMEND SECTION 56-5-1538, RELATING TO THE MANAGEMENT OF AN EMERGENCY SCENE AND PENALTIES FOR A VIOLATION OF THIS PROVISION, SO AS TO REUSE THE DEFINITION OF AN EMERGENCY SCENE, TO PROVIDE THAT ALL PERSONS DRIVING IN OR THROUGH AN EMERGENCY SCENE MUST EXERCISE DUE REGARD FOR THE SAFETY OF ALL PERSONS WHEN HE DRIVES TO OR FROM AN EMERGENCY SCENE, TO PROVIDE THAT A PERSON WHO COMMITS A MOVING VIOLATION IN AN EMERGENCY IS SUBJECT TO A FINE THAT IS DOUBLE THE FINE OTHERWISE PRESCRIBED FOR THAT MOVING VIOLATION, AND TO PROVIDE THAT CERTAIN CONDUCT BY A DRIVER CONSTITUTES A FACTOR IN AGGRAVATION.
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
m.p.h. above the posted limits ............................................................................................... 4
(3) 25 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
Improper operation of a vehicle when approaching a stationary
emergency vehicle .............................................................. 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 56-5-1538 of the 1976 code is amended to read:
"Section 56-5-1538. (A) An emergency scene is a any location designated by the potential need to provide fire services, emergency medical care, official law enforcement duties, or rescue, recovery and towing operations. and is An emergency scene is identified by emergency vehicles with flashing lights, rescue equipment, or emergency personnel on the scene.
(B) An emergency scene is a special hazard that requires reduced speed and additional caution by all drivers approaching and entering it.
(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. This subsection does not relieve this person from the duty to drive while exercising due regard for the safety of all persons using the highway.
(F) The driver of a vehicle shall ensure that the vehicle is kept under control and shall reduce his speed and be prepared to stop 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. When a driver is in or approaching an emergency scene, he shall maintain a speed that is not more than what is reasonable and prudent under the conditions that are present, which includes existing and potential hazards. 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 stationary 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)(1) A person who violates the provisions of 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 and have four points assessed against his driving record.
(2) A person who commits a moving violation in an emergency scene is subject to a fine that is double the fine otherwise prescribed for that moving violation.
(3) It is a factor in aggravation if the person violated a provision of this section while simultaneously committing the offense of driving under the influence of alcohol or drugs, or a combination of both, or while driving with a suspended driver's license.
(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 3. This act takes effect upon approval by the Governor.
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