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CHAPTER 5.
UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS
ARTICLE 1.
GENERAL PROVISIONS
SECTION 56510. Short title.
This chapter may be cited as the “Uniform Act Regulating Traffic on Highways.”
SECTION 56520. Applicability of chapter to vehicles operated upon highways; exceptions.
The provision of this chapter relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways, except:
(1) When a different place is specifically referred to in a given section; and
(2) That the provisions of Articles 9 and 23 shall apply upon highways and elsewhere throughout the State.
SECTION 56530. Chapter applicable and uniform throughout State; local regulations.
The provisions of this chapter shall be applicable and uniform throughout this State and in all political subdivisions and municipalities therein, and no local authority shall enact or enforce any ordinance, rule or regulation in conflict with the provisions of this chapter unless expressly authorized herein. Local authorities may, however, subject to the limitations prescribed in Section 565930, adopt additional traffic regulations which are not in conflict with the provisions of this chapter.
SECTION 56540. Applicability of chapter to roads on Atomic Energy Commission lands in Aiken, Allendale and Barnwell counties.
All the provisions of this chapter, except Articles 27, 33, 37, and 39 and Section 565910, apply to all roads within the confines of lands in Aiken, Allendale, and Barnwell counties acquired or to be acquired by the United States Government for use of the Department of Energy.
SECTION 56550. Applicability of chapter to operation of mopeds.
With the exception of Articles 35 and 37, the provisions of Chapter 5 of Title 56 govern the operation of mopeds on the public highways and streets of this State.
SECTION 56560. Requirements for envelope containing certain notices.
The envelope in which a notice required by law to be mailed by the Department of Motor Vehicles is mailed, other than by registered or certified mail, must have printed on it in bold letters “Please Forward”.
SECTION 56570. Certain vehicle requirements suspended during state of emergency; declarations of emergency triggering federal relief under 49 C.F.R. 390.23.
(A) Notwithstanding any provision of this chapter or any other provision of law, during a state of emergency declared by the Governor and for thirty days thereafter, requirements relating to registration, permitting, length, width, weight, load, and time of service are suspended for commercial and utility vehicles that do not exceed a gross weight of ninety thousand pounds and a width of twelve feet responding to the state of emergency. All vehicles operated upon the public highways of this State under the authority of this section must:
(1) be operated in a safe manner;
(2) maintain required limits of insurance;
(3) be clearly identified as a utility vehicle or provide appropriate documentation indicating it is a commercial vehicle responding to the emergency.
(B) When an emergency is declared which triggers relief from regulations pursuant to 49 C.F.R. 390.23 in North Carolina or Georgia, an emergency, as referenced in the regional emergency provision of 49 C.F.R. 390.23(a)(1)(A), must be declared in this State by the Governor.
(C) A declaration of emergency in this State, as described in subsection (B), must not be terminated prior to the termination of the declarations of emergencies in North Carolina and Georgia or the thirtieth day after the initial declaration of emergency in this State, whichever is less.
(D) A declaration of emergency in this State that triggers relief from regulations pursuant to 49 C.F.R. 390.23 must be effective for no less than fourteen days prior to its termination. Unless the initial declaration of emergency contains a termination date, the order may not be terminated until the passage of seven days after notification of the date of termination is issued or the passage of thirty days after the initial declaration of the emergency, whichever is less. If termination of the declaration of emergency is to occur prior to the passage of thirty days after the initial declaration of emergency, the declaration of emergency must be terminated at 11:59 p.m. on a Friday.
(E) Citations for violating traffic laws relating to speeding or disregarding traffic control devices based solely on photographic evidence only may be issued for violations that occur while relief from regulations pursuant to 49 C.F.R. 390.23 has been granted due to an emergency. A person who receives a citation for violating traffic laws relating to speeding or disregarding traffic control devices based solely on photographic evidence must be served in person with notice of the violation within one hour of the occurrence of the violation. The provisions of this subsection do not apply to toll collection enforcement.
SECTION 56580. [Reserved]
SECTION 56590. Driving limitations for intrastate motor carrier driver.
(A) For motor carriers subject to this title, an intrastate motor carrier driver may not drive:
(1) more than twelve hours following eight consecutive hours off duty;
(2) for any period after having been on duty sixteen hours following eight consecutive hours off duty;
(3) after having been on duty seventy hours in seven consecutive days;
(4) more than eighty hours in eight consecutive days.
(B) An intrastate driver is determined by his previous seven days of operation.
ARTICLE 3.
DEFINITIONS
IN GENERAL
SECTION 565110. Generally.
For the purposes of this chapter the words, phrases and terms defined in this article shall have the meanings thereby attributed to them.
SUBARTICLE I.
. VEHICLES AND EQUIPMENT
SECTION 565120. Vehicle.
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks, is a “vehicle.”
SECTION 565130. Motor vehicle.
Every vehicle which is selfpropelled, except mopeds, and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, is a “motor vehicle”.
SECTION 565140. Motorcycle.
Every motor vehicle having no more than two permanent functional wheels in contact with the ground or trailer and having a saddle for the use of the rider, but excluding a tractor, is a “motorcycle”.
SECTION 565145. Automotive threewheel vehicle defined.
An automotive threewheel vehicle means a motor vehicle having no more than three permanent functional wheels in contact with the ground, having a bench seat for the use of the operator, and having an automotive type steering device, but excludes a tractor and a motorcycle threewheel vehicle.
SECTION 565150. Motordriven cycle.
Every motorcycle, including every motor scooter, with a motor which produces not to exceed five horsepower is a “motordriven cycle”.
SECTION 565155. Motorcycle threewheel vehicle defined.
A motorcycle threewheel vehicle means a motor vehicle having no more than three permanent functional wheels in contact with the ground and includes motorcycles with detachable side cars, having a saddle type seat for the operator, and handle bars or a motorcycle type steering device, but excludes a tractor or automotive threewheel vehicle.
SECTION 565160. Bicycle.
A bicycle is a device propelled solely by pedals, operated by one or more persons, and having two or more wheels, except childrens’ tricycles.
SECTION 565165. Moped, defined.
Notwithstanding the provisions of Section 565160, every cycle with pedals to permit propulsion by human power or without pedals and with a motor of not more than fifty cubic centimeters which produces not to exceed two brake horsepower and which is not capable of propelling the vehicle at a speed in excess of thirty miles an hour on level ground is a moped. If an internal combustion engine is used, the moped must have a power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged.
SECTION 565170. Authorized emergency vehicles.
(A) Authorized emergency vehicles for purposes of this section include the following:
(1) fire department vehicles;
(2) police vehicles;
(3) ambulances and rescue squad vehicles which are publicly owned;
(4) vehicles of coroners and deputy coroners of the fortysix counties as designated by the coroners;
(5) emergency vehicles designated by the fire department or the chief of police of a municipality;
(6) county government litter enforcement vehicles used by certified law enforcement Class 3 litter control officers;
(7) Department of Natural Resources vehicles, federal natural resources vehicles, and forestry commission vehicles when being used in the performance of law enforcement duties;
(8) public and private vehicles while transporting individuals actually engaged in emergency activities because one or more occupants belong to a fire department, volunteer fire department, police department, sheriff’s office, authorized county government litter enforcement office, rescue squad, or volunteer rescue squad;
(9) county or municipal government jail or corrections vehicles used by certified jail or corrections officers, and emergency vehicles designated by the Director of the South Carolina Department of Corrections;
(10) vehicles designated by the Commissioner of the Department of Health and Environmental Control when being used in the performance of law enforcement or emergency response duties; and
(11) federal law enforcement, military, and emergency vehicles.
(B) Only authorized emergency vehicles and private security patrol vehicles regulated by the State Law Enforcement Division are allowed use or display of any blue lights or red lights. This includes light bars and smaller lights such as dash, deck, or visor lights. To “display” means to be seen, whether activated or not.
(C) A vehicle shall not display the word ‘police’ unless it is an authorized emergency vehicle for use only by sworn police or other officers who are approved and certified by the South Carolina Criminal Justice Academy.
(D) The provisions of this section do not apply to automobile dealerships, to police equipment suppliers that sell, deliver, or equip police vehicles to or for a law enforcement agency, to vehicles owned solely as collector’s items and used only for participation in club activities, exhibits, tours, parades, and similar uses, or to persons designated by an agency owning such a vehicle to drive the vehicle or drive an auxiliary vehicle transporting such a vehicle.
SECTION 565180. Bus.
Every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation is a “bus.”
SECTION 565190. School bus.
Every motor vehicle that complies with the color and identification requirements set forth in Section 596730 and State Board of Education Regulations and Specifications Pertaining to School Buses which is used to transport children to or from public school or in connection with school activities, but not including buses operated by common carriers not exclusively engaged in the transportation of school students and vehicles having school bus markings temporarily removed or covered, is a “school bus”.
SECTION 565195. School bus safety standards.
(A) Effective July 1, 2000, any entity transporting preprimary, primary, or secondary school students to or from school, schoolrelated activities, or child care, and utilizing a vehicle defined as a “school bus” under 49 U.S.C. Section 30125, as defined on April 5, 2000, must transport these students in a vehicle meeting federal school bus safety standards, as contained in 49 U.S.C. Section 30101, et seq., or any successor statutes, and all applicable federal regulations. Nothing in this section prohibits the transportation of children to or from child care in nonconforming vehicles by a State of South Carolina human service provider or public transportation authority as long as each child is accompanied by a parent or legal guardian whose transportation is in connection with his work, education, or training.
(B) Notwithstanding subsection (A) of this section, any vehicle that is purchased before July 1, 2000, and is utilized to transport preprimary, primary, or secondary students to or from school, schoolrelated activities, or child care is not subject to the requirements contained in subsection (A) of this section until July 1, 2006. A vehicle that is purchased on or after July 1, 2000, and is utilized to transport preprimary, primary, or secondary students to or from school, schoolrelated activities, or child care is subject to the requirements contained in subsection (A) of this section once the vehicle is utilized for those purposes.
(C) Before July 1, 2006, nothing in this section may be construed to create a duty or other obligation to cease utilizing nonconforming vehicles purchased before the effective date of this act.
(D) To facilitate compliance with the provisions contained in this section, any entity contained in this section may purchase conforming vehicles under the State of South Carolina contracts for purchase of these vehicles.