H 5640

South Carolina General Assembly
126th Session, 2025-2026
Bill 5640
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH
CAROLINA SPEED SAFETY ACT OF 2026" BY ADDING ARTICLE 12 TO CHAPTER 5, TITLE 56
SO AS TO PROVIDE DEFINITIONS, AND TO PROVIDE CERTAIN LOCAL GOVERNMENTAL
AGENCIES TO EMPLOY SPEED-SAFETY SYSTEMS; BY AMENDING SECTION 56-5-70, RELATING
TO CERTAIN VEHICLE REQUIREMENTS SUSPENDED DURING STATES OF EMERGENCY, AND
DECLARATIONS OF EMERGENCIES TRIGGERING FEDERAL RELIEF, SO AS TO DELETE THE
PROVISION CONCERNING THE ISSUANCE OF CITATIONS FOR CERTAIN TRAFFIC VIOLATIONS;
BY AMENDING SECTION 56-5-710, RELATING TO POWERS OF LOCAL AUTHORITIES, SO AS TO
DELETE THE PROVISION RELATING TO THE ISSUANCE OF CERTAIN TRAFFIC CITATIONS; AND
BY REPEALING SECTION 56-7-35 RELATING TO THE ISSUANCE OF UNIFORM TRAFFIC
TICKETS FOR CERTAIN OFFENSES.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  This act may be cited as the "South Carolina Speed Safety Act of 2026."
SECTION 2.  Chapter 5, Title 56 of the S.C. Code is amended by
adding:
Article 12
Speed-Safety Systems
    Section
56-5-1310. As contained in this article:
    (1) "Agency"
means:
       (a)
a law enforcement agency of a local political subdivision that is authorized to
issue a citation for a violation of local traffic laws or regulations and has a
population that is equal to or greater than twenty-five thousand; or
       (b)
for a municipal corporation with a population equal to or greater than
twenty-five thousand citizens that does not maintain a police force, an agency
established or designated by the municipal corporation to implement this
article using speed-safety systems in accordance with this article.
    (2) "Owner"
means the registered owner of a motor vehicle or a lessee of a motor vehicle
under a lease of six months or more. "Owner" does not include:
       (a)
a motor vehicle rental or leasing company; or
       (b)
a holder of a special registration plate.
    (3) "Recorded
image" means an image recorded by a speed-safety system on:
       (a)
a photograph;
       (b)
a microphotograph;
       (c)
an electronic image;
       (d)
videotape; or
       (e)
any other medium and showing:
  (i)
the rear of a motor vehicle;
  (ii)
at least two time-stamped images of the motor vehicle; and
  (iii)
on at least one image or portion of tape, a clear and legible identification of
the entire registration plate number of the motor vehicle.
    (4) "Speed-safety
system" means a device with one or more scanning lidar motor vehicle sensors
producing recorded images of motor vehicles traveling at speeds at least five
miles-per-hour above the posted speed limit.
    (5) "Hearing
officer" means a municipal employee who is specifically assigned to the
nonjudicial administrative hearing process to review objections to citations or
penalties issued or assessed under this section.
    (6) "Speed-safety
system operator" means an employee of an agency or contractor who has been
trained and certified to set up and operate a speed-monitoring system in
accordance with manufacturer guidelines.
    Section
56-5-1320. (A) A pilot program may
be established in a municipality with populations in excess of twenty-five
thousand that would allow the local government to employ a speed-safety system
that complies with the provisions contained in this article. The pilot program
shall operate for five years unless renewed by the municipality.
    (B) The
Department of Motor Vehicles shall establish a uniform statewide framework for
the employment of speed-safety systems. The department must obtain legislative
approval to adopt material changes to the initial framework.
    (C) A
municipality may not alter signal timing, enforcement thresholds or operational
standards to increase the number of citations issued.
    (D) Speed
safety systems must comply with standards contained in the Manual on Uniform
Traffic Control Devices and South Carolina Department of Transportation
standards.
    Section
56-5-1330. (A) For municipalities
employing a speed-safety system, on a roadway in a school zone or an active
work/construction zone established under this article:
       (1)
before activating an unmanned stationary speed-monitoring system, the municipality
shall:
  (a)
publish notice of the location of the speed-monitoring system on its website;
  (b)
ensure that each sign that designates a school zone or construction zone
indicates that speed-safety systems are in use in school zones or construction
zones;
  (c)
regarding a speed-safety system, ensure that all speed limit signs approaching
and within the segment of roadway on which the speed-monitoring system is
located include signs that:
  (i)
are in accordance with the manual and specifications for the uniform system of
traffic control devices; and
  (ii) indicate that a speed-safety
system is in use; and
  (d)
issue warning notices for the first thirty days;
       (2)
a speed-safety system in a school zone may operate only Monday through Friday
between 6 a.m. and 8 p.m.;
       (3)
only fixed-service contracts with vendors who offer speed-safety system
services may be entered into.
    (B) A
speed-safety system operator shall complete training by a manufacturer of
speed-monitoring systems in the procedures for setting up and operating the
speed-monitoring system. The manufacturer shall issue a signed certificate to
the speed-monitoring system operator on completion of the training. The
certificate of training shall be admitted as evidence in any hearing proceeding
for a violation of this section. A speed-monitoring system operator shall fill
out and sign a set-up log for a speed-monitoring system that:
       (1)
states that the speed-safety system operator successfully performed the
manufacturer-specified self-test of the speed-monitoring system prior to
producing a recorded image;
       (2)
shall be kept on file and shall be admitted as evidence in any hearing
proceeding for a violation of this section.
    (C) A
speed-safety system shall undergo an annual calibration check performed by a
calibration agency. The calibration agency shall issue a signed certificate of
calibration after the annual calibration check that must be:
       (1)
kept on file; and
       (2)
admitted as evidence in any hearing proceeding for a violation of this section.
    (D) A
speed-safety system shall not produce a recorded image unless a certified law
enforcement officer has initiated operation of the system.
    (E)(1) Unless the driver of the motor
vehicle received a citation from a law enforcement officer at the time of the
violation, the owner or, in accordance with subsection (I)(4), the driver of a
motor vehicle is subject to a civil penalty if the motor vehicle is recorded by
a speed-safety system while being operated in violation of this section.
Citations may be issued only after a review conducted in a back-office system.
       (2)
A civil penalty under this subsection may not exceed two hundred dollars.
       (3)
For purposes of this section, the agency shall prescribe a:
  (a)
uniform citation form consistent with subsection (G)(1); and
  (b)
civil penalty, which must be indicated on the citation, to be paid by persons
who choose to prepay the civil penalty without appearing in front of a hearing
officer.
    (F)(1) An agency shall mail to an owner
liable under subsection (F) a citation that shall include:
  (a)
the name and address of the registered owner of the vehicle;
  (b)
the registration number of the motor vehicle involved in the violation;
  (c)
the violation charged;
  (d)
the location where the violation occurred;
  (e)
the date and time of the violation;
  (f)
a copy of the recorded image;
  (g)
the amount of the civil penalty imposed and the date by which the civil penalty
should be paid;
  (h)
a signed statement by a duly authorized law enforcement officer employed by or
under contract with an agency that, based on inspection of recorded images, the
motor vehicle was being operated in violation of this section;
  (i)
a statement that recorded images are evidence of a violation of this section;
  (j)
information advising the person alleged to be liable under this section of the
manner and time in which liability as alleged in the citation may be contested
with a hearing officer; and
  (k)
information advising the person alleged to be liable under this section that
failure to pay the civil penalty or to contest liability in a timely manner is
an admission of liability.
       (2)
An agency may mail a warning notice instead of a citation to the owner liable
under subsection (E).
       (3)
Except as provided in subsection (I)(4), an agency may not mail a citation to a
person who is not a motor vehicle owner.
       (4)
Except as provided in subsection (I)(4), a citation issued under this section
must be mailed no later than two weeks after the alleged violation if the
vehicle is registered in this State, and thirty days after the alleged
violation if the vehicle is registered in another state.
       (5)
A person who receives a citation may:
  (a)
pay the civil penalty, in accordance with instructions on the citation,
directly to the political subdivision; or
  (b)
elect to appeal their citation with a hearing officer for the alleged
violation.
    (G)(1) A certificate alleging that the
violation of this section occurred and the requirements under subsection (B)
have been satisfied, sworn to, or affirmed by a law enforcement officer
assigned to an agency, based on inspection of recorded images produced by a
speed-monitoring system, shall be evidence of the facts contained in the
certificate and shall be admissible in a proceeding alleging a violation under
this section.
       (2)
Adjudication of liability shall be based on a preponderance of evidence.
    (H)(1) A municipality shall establish a
nonjudicial administrative hearing process to review objections to citations or
penalties issued or assessed under this section. The municipality may assign a
hearing officer to review objections.
       (2)
The hearing officer may consider in defense of a violation:
  (a)
that the motor vehicle or the registration plates of the motor vehicle were
stolen before the violation occurred and were not under the control or
possession of the owner at the time of the violation;
  (b)
subject to item (3), evidence that the person named in the citation was not
operating the vehicle at the time of the violation; and
  (c)
any other issues and evidence that the hearing officer deems pertinent.
       (3)
To demonstrate that the motor vehicle or the registration plate was stolen
before the violation occurred and were not under the control or possession of
the owner at the time of the violation, the owner shall submit proof that a
police report regarding the stolen motor vehicle or registration plate was
filed in a timely manner.
       (4)
The person named in the citation shall provide to the hearing officer a letter,
sworn to or affirmed by the person and mailed by certified mail, return receipt
requested, that:
  (a)
states the person named in the citation was not operating the vehicle at the
time of the violation; and
  (b)
includes any other corroborating evidence.
       (5)(a) If the hearing officer finds that
the person named in the citation was not operating the vehicle at the time of
the violation or receives evidence under identifying the person driving the
vehicle at the time of the violation, the hearing officer shall provide to the
agency issuing the citation a copy of any evidence substantiating who was
operating the vehicle at the time of the violation.
  (b)
On receipt of substantiating evidence from the hearing officer, an agency may
issue a citation to the person who the evidence indicates was operating the
vehicle at the time of the violation.
  (c)
A citation must be mailed no later than two weeks after receipt of the evidence
from the hearing officer.
    (I) A
violation for which a civil penalty of not more than two hundred dollars may be
imposed under this section:
       (1)
is not a moving violation for the purpose of assessing points under this title;
       (2)
may not be recorded by the agency on the driving record of the owner or driver
of the vehicle;
       (3)
may be treated as a parking violation for purposes of this article; and
       (4)
may not be considered in the provision of motor vehicle insurance coverage.
    (J)
If a contractor operates a speed-monitoring system on behalf of an agency, the
contractor's fee may not be contingent on a percentage of the fine amount.
    (K)
Revenue generated by the use of speed-safety systems must be used by
municipalities only for public safety, traffic safety improvements, or
educational initiatives. A municipality only may enter into fixed-service
contracts with vendors who offer speed-safety system services.
    (L)
No later than three years after the effective date of this article, any municipality
using a speed-safety system shall submit a report to the Clerk of the South
Carolina Senate, the Clerk of the South Carolina House of Representatives, the
Senate Judiciary Committee, the House Judiciary Committee, the Senate
Transportation Committee, and the House Transportation Committee that analyzes
the public safety outcomes, crash reduction statistics, and social and racial
equity impacts of this article.
SECTION 3.  Section 56-5-70(E) of the S.C. Code is amended to read:
    (E) Citations for violating a
local ordinance or the traffic laws relating to speeding or disregarding
traffic control devices based in whole or in part on photographic evidence,
whether gathered in conjunction with radar speed detection devices and whether
the camera or other electronic device capturing the photographic evidence was
attended or unattended at the time it captured the 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 in whole or in part on photographic evidence must
be served in person with notice of the violation within one hour of the
occurrence of the violation unless a collision occurred and fault cannot be
determined immediately or the party who caused the collision is not immediately
accessible due to medical treatment. The provisions of this subsection do not
apply to toll collection enforcement.
SECTION 4.  Section 56-5-710 of the S.C. Code is amended to read:
    Section
56-5-710.  (A) Subject to the limitations prescribed in Section
56-5-930, the provisions of this chapter shall not be deemed to prevent local
authorities with respect to streets and highways under their jurisdiction and
within the reasonable exercise of the police power from:
       (1)
regulating the standing or parking of vehicles;
       (2)
regulating traffic by means of police officers or traffic control signals;
       (3)
regulating or prohibiting processions or assemblages on the highways;
       (4)
designating particular highways as one-way highways and requiring that all
vehicles thereon be moved in one specific direction;
       (5)
regulating the speed of vehicles in public parks;
       (6)
designating any highway as a through highway and requiring that all vehicles
stop before entering or crossing it or designating any intersection as a stop
intersection and requiring all vehicles to stop at one or more entrances at
such intersection;
       (7)
restricting the use of highways as authorized in Sections 56-5-4210 and
56-5-4220;
       (8)
regulating the operation of bicycles and requiring the registration and
licensing of them, including the requirement of a registration fee;
       (9)
regulating or prohibiting the turning of vehicles or specified types of
vehicles at intersections;
       (10)
altering the prima facie speed limits as authorized herein;  or
       (11)
adopting such other traffic regulations as are specifically authorized by this
chapter.
    (B) Nothing in subsection (A) may be
construed to permit a local authority to issue a uniform traffic citation for
violating a local ordinance or the traffic laws relating to speeding or
disregarding traffic control devices based in whole or in part upon photographic
evidence whether gathered in conjunction with radar speed detection devices and
whether the camera or other electronic device capturing the photographic
evidence was attended or unattended at the time it captured the photographic
evidence.
SECTION 5.  Section
56-7-35 of the S.C. Code is repealed.
SECTION 6.  This act takes effect upon approval
by the Governor. All provisions of this act are repealed on December 31, 2030,
and the statues shall revert back to the language contained in the S.C. Code of
Laws prior to the effective date of this act..
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This web page was last updated on April 30, 2026 at 01:04 PM