Bill
S 1174
South Carolina Speed Safety Act
The bill creates a new civil-speed safety system framework allowing certain municipalities to issue nonmoving speed citations via automated devices with a formal administrative rev
Bill
S 1174
The bill creates a new civil-speed safety system framework allowing certain municipalities to issue nonmoving speed citations via automated devices with a formal administrative rev
Status: Introduced May 5, 2026; Referred to Committee on Transportation. Sponsor: Primary sponsor unknown; Co-sponsor: Tameika Isaac Devine.
Effective date and sunset: Takes effect upon governor’s signing. All provisions sunset and revert to pre-enactment language on December 31, 2030.
Purpose and overall aim
- The bill creates a comprehensive framework for the use of speed-safety systems (SSS) by certain local government agencies, replacing or offsetting traditional traffic enforcement methods in specified contexts.
- It establishes definitions, operational requirements, administrative processes, and enforcement mechanics for civil penalties tied to speed violations detected by speed-safety systems.
- It also repeals certain existing provisions related to uniform traffic tickets and the use of photographic evidence for speeding citations in some contexts, enabling a new local regulatory regime.
Key provisions and changes
1) New Speed-Safety Systems framework (Article 12, added to Chapter 5, Title 56)
- Agencies eligible to deploy SSS:
- Local law enforcement agencies in municipalities with population ≥ 25,000 that issue local traffic citations.
- Municipal entities in larger cities (≥ 25,000) that do not maintain a police department but have an agency designated to implement SSS.
- Definitions:
- Owner: Registered owner or lessee of a vehicle for 6+ months; excludes rental/leasing companies and holders of special registration plates.
- Recorded image: Various formats showing rear of vehicle, at least two time-stamped images, and legible license plate identification.
- Speed-safety system (SSS): A device using one or more lidar sensors that records speeding vehicles (≥5 mph over posted limit).
- Hearing officer: Municipal employee assigned to nonjudicial review of SSS citations/penalties.
- SSS operator: Trained and certified operator (employee or contractor).
- Activation and notice requirements (school zones/construction zones):
- Agencies must publish SSS locations on their website before activation.
- Speed-limit and zone signage must clearly indicate SSS use.
- Signage must meet Manual on Uniform Traffic Control Devices standards.
- First 30 days: warning notices issued.
- In school zones, SSS may operate only Monday–Friday, 6:00 a.m.–8:00 p.m.
- Training and calibration:
- Operators must complete manufacturer training; certificate issued and admissible as hearing evidence.
- Annual calibration by a calibration agency; certificate kept on file and admissible as evidence.
- Operational safeguards:
- A SSS cannot record images unless a certified peace officer initiates operation.
- Civil penalties and notices:
- Civil penalty for motor vehicles recorded while violating this section: up to $200.
- Civil penalties are not moving violations for point assessment and do not appear on driving records; may be treated as parking violations; do not affect insurance.
- Uniform citation forms and penalties are prescribed by the agency.
- Citations/penalties may be contested via a municipal nonjudicial hearing process; hearing officers may consider defenses such as theft of vehicle, or other evidence of who was operating the vehicle.
- If a contractor operates SSS, the contractor’s fee cannot be contingent on a percentage of the fine.
- Administrative and evidentiary provisions:
- Certificates and set-up logs required for setup and calibration are admissible.
- Certificates alleging violation are evidence; preponderance of evidence standard for adjudication.
- Panel hearings may accept evidence about who operated the vehicle at the time of the violation.
- Revenue and reporting:
- Revenue from SSS must be used by municipalities for public safety, traffic safety, or educational initiatives.
- By three years after the act’s effective date, agencies using SSS must submit reports analyzing public safety and equity impacts to state legislative bodies.
2) Amendments to existing provisions
- 56-5-70(E): Restrictions on issuance of citations based on photographic evidence; narrows applicability to emergency-relief scenarios under federal rule 49 CFR 390.23; requires in-person service within one hour of occurrence unless exigent circumstances (collisions, medical issues, etc.).
- 56-5-710: Local authorities retain broad police powers to regulate traffic, but the provision explicitly clarifies that nothing prohibits actions; further, it clarifies that the act cannot authorize uniform traffic citations based solely on photographic evidence for speeding or disregarding traffic control devices.
- 56-7-35: Repealed (relating to uniform traffic tickets for certain offenses).
3) Administrative and procedural aspects
- Hearing process: Municipalities must establish a nonjudicial administrative hearing process to review SSS citations; hearing officers may accept defenses and evidence and may transfer liability to the actual operator if appropriate.
- Evidence and admissibility: Certified officer affidavits and records produced by SSS are admissible; standard of proof is preponderance of evidence.
- Timing: Citations must be mailed within tight windows (two weeks for in-state plates, 30 days for out-of-state plates) after receipt of evidence or after hearing results.
4) Local impact and implementation considerations
- Governance: Targets municipal agencies of larger cities; requires coordination for signage, public notices, training, calibration, and annual reporting.
- Financial: Civil penalties capped at $200; revenue restrictions favor safety/education uses rather than general revenue.
- Equity and accountability: Requires a formal impact report within three years, focusing on public safety and social/racial equity.
Impact considerations for readers
- If enacted, SSS would introduce a new, largely civil, citation-based enforcement mechanism for speed violations in participating municipalities.
- It shifts some enforcement away from traditional patrols toward automated speed monitoring with a structured administrative process.
- It includes rigorous training, calibration, and reporting requirements, with emphasis on transparency (signage, notices, and public postings) and equity considerations.
Compiled from official sources — confirm details with the bill’s official record.
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