JURISDICTION: SOUTH CAROLINA

This chapter summarizes South Carolina State statutes related to speed.

General Reference: Code of Laws of South Carolina Annotated

Basis for a Speed Law Violation:

Basic Speed Rule: No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. §56-5-1520(a) & (c)

Statutory Speed Limit: 55 MPH on streets and highways §§56-5-1510 & 56-5-1520(b)(2)

See Other below. 35 MPH in an urban district §56-5-1520(b)(1)

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State Department of Transportation may increase or decrease the above maximum speed limits on the State highway system including the extension of such system into an urban district.⁽¹⁾ §56-5-1530

II. Based on engineering and traffic investigations, local governments within their respective jurisdictions may increase or decease the above maximum speed limits.⁽²⁾ §56-5-1540(a)

III. Based upon an investigation, the State Department of Transportation may establish a safe maximum speed limit for any bridge or elevated structure. §56-5-1570(d)

Minimum Speed Limit: No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. §56-5-1560(a)

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State Department of Transportation or local governments on their respective streets and highways, may establish minimum speed limits. §56-5-1560(b)

Other: I. A person may not operate a moped >25 MPH. §56-5-1555

II. No person shall tow a house trailer >45 MPH. §56-5-1570(a)

III. No person shall drive a vehicle that is equipped with solid rubber or cushion tires >10 MPH. §56-5-1570(b)

Adjudication of Speed Law Violations:

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Misdemeanors. §§56-5-730 & 56-5-6190

Other:

Sanctions Following an Adjudication of a Speed Law Violation:

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): I. Violating Statutory Maximum Speed Limits⁽³⁾: 1st offense->25 MPH over the speed limit-Not more than 30 days §56-5-1520(d)(4)

Subsequent offense-Not more than 30 days §56-5-6190

II. Violating the Maximum Speed limit for Mopeds: Not more than 30 days §56-5-1555

III. All Other Speed Law Related Violations (General Penalty): Not more than 30 days §56-5-6190

Mandatory Minimum Term: None

Fine:

Amount ($ Range): I. Violating Statutory Maximum Speed Limits³: 1st offense-$15 to $200⁽⁴⁾ §56-5-1520(d)(4) Subsequent offense-Not more than $100 §56-5-6190

II. Violating Maximum Speed limit for Mopeds: Not more than $200 §56-5-1555

III. All Other Speed Law Related Violations (General Penalty): Not more than $100 §56-5-6190

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School: An offender, who completes a defensive driving course, shall have 4 point deducted from their driving record. §56-1-770

Other:

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System⁽⁵⁾ §§56-1-720, 56-1-740 & 56-1-750

Sanctions Following an Adjudication of a Speed Law Violation:

(continued)

Term of License Withdrawal

(Days, Months, Years, etc.): 3 to 6 months⁵ §56-1-740 (¶2)

Mandatory Minimum Term of

Withdrawal: Suspension periods under the Point System appear to be mandatory. §56-1-740 (¶2)

Miscellaneous Sanctions

Not Included Elsewhere:

Other Criminal Actions Related to Speeding:

Racing on Highway: Misdemeanor §§56-5-730, 56-5-1590 & 56-5-6190 (¶1)

Sanctions:

Criminal Sanction:

Imprisonment (Term): 2 to 6 months §56-5-1620

Mandatory Minimum Term: None

Fine ($ Range): $200 to $600 §56-5-1620

Mandatory Minimum Fine: None

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Revocation §56-5-1620

Length of Term of

Licensing Withdrawal: 1 year §56-5-1620

Mandatory Action--Minimum

Length of License

Withdrawal: 1 year §56-5-1620 This licensing action appears to be mandatory.

Other:

Reckless Driving: Misdemeanor §§56-5-730, 56-5-2920 & 56-5-6190 (¶1)

Sanction:

Criminal:

Imprisonment (Term): Not more than 30 days §56-5-2920

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): $25 to $200 §56-5-2920

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): 1st offense-Suspension via the Point System⁵ Subsequent offense (within 5 years)-Suspension §56-5-2920

Length of Term of License

Withdrawal Action: 1st offense-3 to 6 months via the Point System⁵ Subsequent offense (within 5 years)-3 months §56-5-2920

Other Criminal Actions Related to Speeding:

(continued)

Reckless Driving: (continued)

Mandatory Term of License

Withdrawal Action: 1st offense-Suspension periods under the Point System appear to be mandatory. §56-1-740 (¶2) Subsequent offense (within 5 years)-3 months §56-5-2920

Other: An offender, who completes a defensive driving course, shall have 4 point deducted from their driving record. §56-1-770

Commercial Motor Vehicle (CMV) Operators⁽⁶⁾:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a vehicle they either (1) commit 2 "serious traffic violations"⁽⁷⁾ within a 3 year period or (2) commit 3 such violations within a 3 year period. §56-1-2110(F)

Period of Disqualification: 2 serious violations (within 3 years)-Not less than 60 days 3 serious violations (within 3 years)-Not less than 120 days §56-1-2110(F)

Period of Mandatory Disqualification: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days §56-1-2110(F)

1. ¹This includes the establishment of different highway speed limits either (1) for different types of vehicles (e.g., persons, who operate certain types of trucks may be required to drive these vehicles at a slower speed than those who operate other types of motor vehicles), (2) at different times of the day, (3) for various weather conditions or (4) for other factors bearing on safe speeds. §56-5-1530(a)

2. ²However, except as provided under §56-5-1510, a speed limit cannot be established at >55 MPH. §56-5-1540(a)(2) In addition, out side of an urban district, a speed limit cannot be established at <35 MPH. §56-5-1540(a)(3) Note: The State Department of Transportation must approve any alteration of a speed limit on State highways or extensions thereof. §56-5-1540(d)

3. ³This refers to a violation of maximum speed limits established under §56-5-1520(b). However, these limits may be altered (increased or decreased) by State or local authorities via either §56-5-1530 or §56-5-1540. Note: The law is not clear but these sanctions for a 1st offense may also apply to violations of altered posted speed limits.

4. ⁴The fines for 1st offense speed limit violations are as follows: Driving less than 10 MPH above the speed limit-$15 to $25; driving >10 MPH but <15 MPH above the speed limit-$25 to $50; driving >15 MPH but <25 MPH above the speed limit-$50 to $75; and, driving >25 MPH above the speed limit-$75 to $200. §56-5-1520(d)

5. ⁵Point System. I. An offender, who accumulates 12 to 15 points, is subject a 3 month suspension. If they accumulate 16 or 17 points, the suspension is 4 months. If they accumulate 18 or 19 points, the suspension is 5 months. And, if they accumulate 20 or more points, the suspension is 6 months. §56-1-740 (¶2) II. Points are computed in the following manner. Points for offenses committed within the immediate 12 months from the present offense are counted at full value. However, points for offenses which have been committed more than 12 months but less than 24 months from the present offense from the immediate offense are reduced to half of their full value. Note: Points are not assigned for offenses committed more than 24 months from the present offense. §56-1-750 III. The following points have been assigned for speeding and speed related violations: Reckless driving-6 points; 10 MPH above the posted speed limit-2 points; >10 MPH but <25 MPH above the posted speed limit-4 points; and, 25 MPH above the posted speed limit-6 points. §56-1-720 Note: The law does not appear to assign any points for either driving too slowly for violating the posted minimum speed limit.

6. ⁶A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with U.S. Department of Transportation regulations. §56-1-2030(6)

7. ⁷A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §56-1-2030(24)