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H 5600

Traffic-control photographic systems

2025-2026 Regular Session Introduced by Bill Herbkersman and 2 co-sponsors

Local governments can civilly enforce red-light violations with photo systems, issuing up to $100 fines without points or court costs, plus defined notices and defenses.

Referred to Committee on Judiciary
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Bill Summary · H 5600

Summary of Bill H. 5600 (2025-2026) — South Carolina

Purpose
- Authorizes local governing bodies to adopt civil enforcement ordinances using traffic-control signal monitoring systems (commonly known as red-light cameras) to enforce traffic violations.
- Sets the framework for how such penalties are issued, processed, and challenged, and updates related provisions in multiple code sections to accommodate photographic enforcement.

Key Provisions

1) New authority for civil enforcement via traffic-control signal monitoring systems (Section 56-5-830)
- Local governments may adopt ordinances to civilly enforce traffic violations detected by traffic-control signal monitoring systems.
- Civil fines may not exceed $100 for each violation.
- No court costs, assessments, surcharges, or points may be assessed against the vehicle owner or driver or their driving record.
- Defined terms:
- Agency: state or local law enforcement agencies responsible for issuing citations for traffic violations.
- Owner: registered owner or lessee (six months or more); excludes rental/leasing companies.
- Recorded images: images showing a red signal at an intersection, clearly identifying the license plate, and including full evidentiary documentation (e.g., sequence showing approach to intersection).
- Traffic-control signal monitoring system: device(s) with sensors and a camera to record vehicles entering an intersection against a red signal and to monitor the yellow-phase duration.
- Summary court: magistrates or municipal court.

2) Notice and evidentiary procedures (Section 56-5-830)
- Within one week of a violation, the agency must mail by certified mail to the vehicle owner:
- Owner’s name and address, vehicle registration number, violation charged, intersection location, date/time, copy of recorded images, and the civil penalty amount and payment deadline.

3) Burden of proof and defenses (Section 56-5-830)
- The agency must prove beyond a reasonable doubt that the named person was driving the vehicle.
- A sworn certificate from a law enforcement officer based on recorded images is admissible as evidence.

  • Defenses in the summary court include:
    • Yielding to an emergency vehicle or funeral procession.
    • Vehicle or license plate stolen at the time of the violation (owner must show timely police report).
    • The traffic signal was not in proper position or visible.
    • The named owner was not operating the vehicle at the time (affidavit from the actual driver is an affirmative defense).
    • Any other relevant evidence the court deems appropriate.
  • If ownership is disproven or another operator is identified, the court and agency may transfer or issue a citation to the actual operator.

4) Municipal court jurisdiction (Section 14-25-45)
- Municipal courts have jurisdiction over noncriminal violations cited under Section 56-5-830 (i.e., these civil, photo-enforced violations).

5) Local authority powers (Section 56-5-710(A))
- Clarifies that local authorities may adopt ordinances to use traffic-control photographic systems for civil enforcement of traffic laws, alongside existing authority over traffic regulation and enforcement.

6) Yellow signal rule clarification (Section 56-5-970(B))
- For a steady yellow:
- Drivers must slow down immediately when safe as the yellow is ending.
- Pedestrians: no starting to cross if the signal is about to turn red, unless directed otherwise.

7) Uniform traffic tickets and photographic evidence (Section 56-7-35(B))
- Generally, uniform traffic tickets for local ordinance violations or disregarding traffic control devices must be issued in person at the time of a traffic stop (not mailed).
- However, except for the civil enforcement by traffic-control signal monitoring systems (Section 56-5-830), citations cannot be issued based solely on photographic evidence.
- The section preserves use of photos as corroborating evidence at hearings, but not as the sole basis for a citation unless Section 56-5-830 applies.

Effective date
- This act becomes effective upon the Governor’s approval.

Procedural/Timeline Highlights
- Introduction and referral to Judiciary Committee: April 28, 2026.
- If enacted, ordinances enabling photo-based civil enforcement would operate under the $100 cap, with specific notice, evidentiary, and defense provisions outlined above.

Impact and Implications

  • Local governments would gain a mechanism to enforce red-light violations civilly, potentially reducing enforcement costs and increasing at-intersection safety monitoring.
  • Vehicle owners would face civil penalties with limited remedies; no driving-record points or court costs for these violations.
  • Municipal courts would handle civil, photo-enforced violations, while traditional criminal traffic enforcement procedures remain for other offenses.
  • The bill tightens procedural safeguards and defenses to prevent erroneous citations, including proof requirements and opportunities to challenge vehicle operation and signal conditions.

Note: This summary reflects the bill text as introduced and does not account for amendments that may be adopted during committee or floor consideration.

Compiled from official sources — confirm details with the bill’s official record.

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