A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 56-5-3995 SO AS TO PROVIDE IT IS UNLAWFUL TO DRIVE MOTOR VEHICLES WITH HAZARD LIGHTS ON UNDER CERTAIN CIRCUMSTANCES AND provide penalties for violations.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.  Article 31, Chapter 5, Title 56 of the S.C. Code is amended by adding:

    Section 56-5-3995. (A) It is unlawful for a person to drive a motor vehicle on the highways of this State with its hazard lights on when the vehicle is not involved in an accident or is not experiencing a mechanical emergency.

    (B) A person who is adjudicated to be in violation of the provisions of this section must be fined not more than twenty-five dollars, no part of which may be suspended. No court costs, assessments, or surcharges may be assessed against a person who violates a provision of this section. A person must not be fined more than fifty dollars for any one incident of one or more violations of the provisions of this section. A custodial arrest for a violation of this section must not be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A violation of this section does not constitute a criminal offense. Notwithstanding Section 56-1-640, a violation of this article must not be:

       (1) included in the offender's motor vehicle records maintained by the Department of Motor Vehicles or in the criminal records maintained by SLED; or

       (2) reported to the offender's motor vehicle insurer.

    (C) A law enforcement officer must not issue a citation to a driver for a violation of this section when the stop is made in conjunction with a driver's license check, safety check, or registration check conducted at a checkpoint established to stop all drivers on a certain road for a period of time, except when the driver is cited for violating another motor vehicle law.

    (C) A violation of this section is not negligence per se or contributory negligence, and is not admissible as evidence in a civil action.

    (D) A vehicle, driver, or occupant in a vehicle must not be searched, nor may consent to search be requested by a law enforcement officer, solely because of a violation of this section.

    (E) A person charged with a violation of this section may admit or deny the violation, enter a plea of nolo contendere, or be tried before either a judge or a jury. If the trier of fact is convinced beyond a reasonable doubt that the person drove his vehicle with its hazard lights on unlawfully, the penalty is a civil fine pursuant to Section 56-5-6540. If the trier of fact determines that the State has failed to prove beyond a reasonable doubt that the person drove his vehicle with its hazard lights on unlawfully, no penalty shall be assessed.

    (G) A person found to be in violation of this section may bring an appeal to the court of common pleas pursuant to Section 18-3-10 or Section 14-25-95.

SECTION 2.  This act takes effect upon approval by the Governor.

----XX----