Summary — H 4292: "Roadway Protection and Safety Act" (proposed addition to S.C. Code §56-5-3910)
Status note: the version text provided is dated April 2025 and would add Section 56-5-3910 to Article 31, Chapter 5, Title 56 of the South Carolina Code. The package also includes unrelated Massachusetts local-charter text in the filing materials; this summary focuses on the Roadway Protection and Safety Act language.
Purpose
To create a statutory offense for coordinated illegal vehicle exhibitions commonly called “street takeovers,” define roles (participant, organizer, spectator, aider/abettor), and establish criminal penalties, driver’s-license sanctions, vehicle impoundment/forfeiture, and equipment-seizure rules intended to deter dangerous public-road vehicle demonstrations and protect public safety.
Key definitions
- Street Takeover: deliberate, coordinated obstruction of public roadways, intersections, parking lots for illegal vehicle exhibitions (e.g., burnouts, drifting, doughnuts, speed contests, other reckless driving).
- Participant: person operating a vehicle, passenger, or otherwise contributing to a takeover.
- Organizer: person who plans, promotes, coordinates (includes use of social media, messages, calls).
- Spectator: person who knowingly attends to encourage, record, or aid.
- Aider or Abettor: person who assists in planning/physically aiding (e.g., blocking roads).
Offenses and penalties (selected)
- Participant
- 1st offense: felony — fine $3,500; up to 5 years imprisonment; driver’s license suspension 6 months.
- 2nd+ offense: felony — fine $7,500; up to 10 years imprisonment; license suspension 1 year.
- Organizer
- 1st offense: misdemeanor — fine up to $3,500; up to 6 months jail.
- 2nd offense: felony — fine $7,500; up to 5 years.
- 3rd+ offense: felony — fine $15,000; up to 10 years.
- Spectator / Aider / Abettor
- 1st offense: misdemeanor — $1,000 fine; up to 30 days jail; license suspension 30 days.
- 2nd offense: misdemeanor — $2,500 fine; up to 60 days jail; license suspension 6 months.
- 3rd+ offense: misdemeanor — $5,000 fine; up to 1 year jail; license suspension 1 year.
Aggravating conduct (added penalties)
For persons convicted under participant or organizer provisions, additional penalties apply if during the incident they:
- Fled law enforcement: misdemeanor — up to 2 years imprisonment.
- Endangered pedestrians/officers/other drivers: additional $5,000 fine and up to 1 extra year imprisonment.
- Caused bodily injury: felony — additional $10,000 fine and up to 5 extra years imprisonment.
- Caused death: felony — additional $25,000 fine and up to 10 extra years imprisonment.
Vehicle and equipment remedies
- Vehicles used in any street takeover: impounded at least 30 days.
- Vehicles involved in a 2nd or subsequent offense: permanently forfeited and auctioned; proceeds used for public safety initiatives.
- Vehicles with illegal street-racing modifications (e.g., nitrous oxide systems, removed exhausts): seized and not returned until restored to legal standards.
Other provisions
- It is unlawful to conduct a street takeover on private property without the owner’s written consent; property owners may request law enforcement removal.
- Local governments may not adopt ordinances that reduce the penalties in this section (state preemption).
- Effective date: upon approval by the Governor.
Who is affected
- Motorists and passengers participating in or attending coordinated vehicle exhibitions.
- Organizers and facilitators, including persons who use digital communications to coordinate events.
- Vehicle owners whose vehicles are used, modified, or involved in repeat offenses.
- Property owners (prohibits unauthorized use of private property) and law enforcement (enforcement, impound/forfeiture responsibilities).
- Municipalities (preempted from reducing penalties).
Procedural / implementation notes
- The draft would become a state criminal statute in Title 56 (motor vehicles) and creates both misdemeanors and felonies with substantial fines, jail terms, license suspensions, and civil-asset remedies.
- Enforcement will require vehicle seizure/forfeiture processes and coordination with courts for disposition and use of auction proceeds for public safety.
If you’d like, I can produce a side-by-side table of penalties by role and offense level, or draft potential enforcement/constitutional issues agencies often review with similar statutes (due process, search/seizure, proportionality).
