H 3637
Session 109 (1991-1992)
H 3637 General Bill, By D.A. Wright, R.L. Altman, H. Brown, D.M. Bruce, Fair, Harvin, Keegan and D.C. Waldrop A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section 56-5-3870 so as to prohibit the use of radar detectors on the highways of this State and to provide penalties. 03/05/91 House Introduced and read first time HJ-9 03/05/91 House Referred to Committee on Education and Public Works HJ-10A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,BY ADDING SECTION 56-5-3870 SO AS TO PROHIBIT THE USEOF RADAR DETECTORS ON THE HIGHWAYS OF THIS STATEAND TO PROVIDE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 56-5-3870. (A) It is unlawful to use a radardetector in a motor vehicle on the highways and roads of this State. Aperson who violates the provisions of this article, upon conviction, mustbe fined not less than twenty-five dollars nor more than one hundreddollars. No custodial arrest for a violation of this section may be made,except upon a warrant issued for failure to appear in court whensummoned or for failure to pay an imposed fine. A conviction forviolation of this section does not constitute a criminal offense.
(B) A law enforcement officer may not stop a driver for violationof this section in the absence of another violation of the motor vehiclelaws except when the stop is made in conjunction with a driver's licensecheck or registration check conducted at a checkpoint established to stopall drivers on a certain road for a period of time. A citation for aviolation of this section must not be issued without citing the violationthat initially caused the officer to effect the enforcement stop.
(C) The presence in a motor vehicle of a radar detector connectedto a power source and in an operable condition is presumptive evidenceof its use by a person operating the vehicle. This presumption may berebutted only by credible and reliable evidence which tends to show thatthe radar detector was not in use. The provisions of this section must notbe construed to authorize the seizure or forfeiture of a radar detector,unless otherwise provided by law."
SECTION 2. This act takes effect upon approval by the Governor.
