Traffic-control photographic systems

2025-2026 Bill 5600: Traffic-control photographic systems - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 5600
STATUS INFORMATION
General Bill
Sponsors: Reps. W. Newton, Herbkersman and Jordan
Document Path: LC-0565CM26.docx
Introduced in the House on April 28, 2026
Currently residing in the House Committee on
Judiciary
Summary: Traffic-control photographic systems
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

4/28/2026

House

Introduced and read first time (
House Journal-page 14
)

4/28/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 14
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
04/28/2026

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION
56-5-830
SO AS TO AUTHORIZE LOCAL GOVERNING BODIES TO ADOPT ORDINANCES FOR THE
CIVIL ENFORCEMENT OF TRAFFIC VIOLATIONS BY MEANS OF TRAFFIC-CONTROL SIGNAL
MONITORING SYSTEMS; BY AMENDING SECTION
14-25-45
, RELATING TO POWERS, DUTIES,
AND JURISDICTION OF MUNICIPAL COURTS, SO AS TO PROVIDE MUNICIPAL COURTS HAVE
JURISDICTION OVER CERTAIN TRAFFIC-CONTROL MONITORING SYSTEM VIOLATIONS; BY
AMENDING SECTION
56-5-710
, RELATING TO POWERS OF LOCAL AUTHORITIES, SO AS TO
PROVIDE LOCAL AUTHORITIES MAY ADOPT ORDINANCES TO USE TRAFFIC-CONTROL
PHOTOGRAPHIC SYSTEMS FOR CIVIL ENFORCEMENT OF CERTAIN TRAFFIC LAWS; BY AMENDING
SECTION
56-5-970
, RELATING TO TRAFFIC-CONTROL SIGNAL LEGENDs, SO AS TO PROVIDE
WHEN SAFE, MOTOR VEHICLES FACING A YELLOW SIGNAL MUST SLOW DOWN IMMEDIATELY;
AND BY AMENDING SECTION
56-7-35
, RELATING TO the ISSUANCE OF UNIFORM TRAFFIC
TICKETS FOR VIOLATIONS OF LOCAL ORDINANCES, SPEEDING, OR DISREGARDING TRAFFIC
CONTROL DEVICES, SO AS TO PROVIDE CERTAIN CITATIONS ISSUED BY MEANS OF
TRAFFIC-CONTROL SIGNAL MONITORING SYSTEMS MAY BE ISSUED BASED UPON PHOTOGRAPHIC
EVIDENCE.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
A
rticle 5, Chapter 5, Title 56 of the S.C. Code is
amended by adding:

S
ection
56-5-830
.
(
A) The General Assembly
finds:

(
1)
the frequency of red light running within the State of South Carolina continues
to increase as the number of vehicles on our roads increases; and

(
2)
an automated red light camera program will assist state and local governments
by reducing the necessity for conducting extensive conventional traffic
enforcement at heavily traveled, high-risk intersections.

(
B)
For purposes of this section:

(
1)
"Agency" means both state and local law enforcement agencies primarily
responsible for issuing citations for a violation of state or local traffic
laws or regulations.

(
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 motor
vehicle rental or leasing company.

(
3)
"Recorded images" means images recorded by a traffic-control signal monitoring
system that must show the traffic-control signal on at least one image or
digital video frame, clearly identify the license plate number of the motor
vehicle, and provide full evidentiary documentation, including a sequence of
the front of the offending vehicle approaching an intersection.

(
4)
"Traffic-control signal monitoring system" means a device with one or more
above ground motor vehicle sensors working in conjunction with a traffic signal
to produce recorded images of motor vehicles entering an intersection against a
red signal indication. The traffic-control signal monitoring system must
incorporate both a method of detecting motor vehicles entering an intersection
against a red signal indication and a method of monitoring and reporting any
change in the duration of the yellow phase at an enforced intersection.

(
5)
"Summary court" means either magistrates or municipal court.

(
C) A
local governing body is authorized to adopt ordinances for the civil
enforcement of traffic violations by means of traffic-control signal monitoring
systems provided, the fine for the traffic violation does not exceed one
hundred dollars of which no court costs, assessments, surcharges, or points may
be assessed against the owner or driver of the vehicle or his driving record.

(
D)
Within one week of a violation, an agency shall mail, by certified mail, to the
owner of the vehicle a citation, which must include:

(
1)
the name and address of the registered owner of the vehicle;

(
2)
the registration number of the motor vehicle involved in the violation;

(
3)
the traffic violation charged;

(
4)
the location of the intersection;

(
5)
the date and time of the violation;

(
6)
a copy of the recorded images along with a statement that such images are
evidence of a violation; and

(
7)
the amount of the civil penalty imposed, and the date by which the civil
penalty must be paid.

(
E) An
agency must prove beyond a reasonable doubt that the person issued a citation
was driving the motor vehicle. A certificate, sworn to or affirmed by a duly
authorized law enforcement officer of the agency that states that based upon an
inspection of recorded images produced by a traffic-control monitoring system a
violation of a traffic law occurred, is evidence of the facts and is admissible
in any proceeding alleging a violation under this section.

(
F)
(
1) The summary court may consider any
of the following in defense of a violation:

(
a)
the driver of the vehicle passed through the intersection and committed the
violation in order to yield the right of way to an emergency vehicle;

(
b)
the driver of the vehicle passed through the intersection and committed the
violation as a result of being part of a funeral procession;

(
c)
the motor vehicle or license plate of the motor vehicle was stolen before the
violation occurred and was not under the control or possession of the owner at
the time of the violation;

(
d)
this subsection is unenforceable against the owner because at the time and
place of the alleged violation, the traffic-control signal was not in proper
position and able to be seen by an ordinary observant individual;

(
e)
evidence is presented that the person named in the citation was not operating
the vehicle at the time of the violation; or

(
f)
any other issues and evidence that the summary court deems relevant.

(
2)
In order to demonstrate that the motor vehicle or license plate was stolen
before the violation occurred and was not under the control or possession of
the owner at the time of the violation, the owner must submit proof that a law
enforcement report concerning the stolen motor vehicle or license plate was
filed in a timely manner prior to the alleged violation.

(
3)
It is an affirmative defense if the owner named in the citation provides to the
summary court by certified mail a sworn affidavit by the person that was
operating the vehicle that states that the owner named in the citation was not
operating the vehicle at the time of the violation. The affidavit must include
the name, address, and driver's license identification number of the person.

(
4)
If the summary court finds that the owner named in the citation was not
operating the vehicle at the time of the violation or receives evidence
identifying the person driving the vehicle at the time of the violation, the
clerk 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. Upon
receipt of substantiating evidence from the summary court, an agency may issue
a citation as provided in this subsection to the person that the evidence
indicates was operating the vehicle at the time of the violation.

S
ECTION 2.
S
ection
14-25-45
of the S.C. Code is amended to read:

S
ection
14-25-45
. Each municipal court shall have jurisdiction to try all cases
arising under the ordinances of the municipality for which established. The
court shall also have all such powers, duties and jurisdiction in criminal
cases made under state law and conferred upon magistrates. The court shall
have the power to punish for contempt of court by imposition of sentences up to
the limits imposed on municipal courts. The court shall have no jurisdiction
in civil matters.
However, the court has jurisdiction over
noncriminal violations cited pursuant to Section
56-5-830
.

S
ECTION 3.
S
ection
56-5-710
(A) of the S.C. Code is amended to
read:

(
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
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
; or

(
12) adopting ordinances to use
traffic-control photographic systems for civil enforcement of traffic laws
pursuant to Section
56-5-830
.

S
ECTION 4.
S
ection
56-5-970
(B) of the S.C. Code is amended to
read:

(
B) Steady yellow indication:

(
1)
Vehicular traffic facing a steady circular yellow or yellow arrow signal is
thereby warned that the related green movement is being terminated or that a
red indication will be exhibited immediately thereafter
and,
when it is safe, must slow down immediately
.

(
2)
Pedestrians facing a steady circular yellow or yellow arrow signal, unless
otherwise directed by a pedestrian-control signal as provided in Section
56-5-990
, are advised that there is insufficient time to cross the roadway
before a red indication is shown and no pedestrian shall then start to cross
the roadway.

S
ECTION 5.
S
ection
56-7-35
(B) of the S.C. Code is amended to read:

(
B)
(
1)
A law enforcement officer who issues a uniform traffic ticket for a violation
of a local ordinance or the traffic laws relating to disregarding a traffic
control device must do so incident to and contemporaneous with a traffic stop.

(
2)
A copy of the citation must be given directly to the offender by the law
enforcement officer issuing the citation at the time of the traffic stop for
the offense.

(
3)
A law enforcement agency may not utilize the United States mail, a parcel
delivery service, electronic means, or otherwise to send to the operator or
owner of a motor vehicle or motorcycle, as defined in Section
56-3-20
, a
uniform traffic citation alleging a violation of a local ordinance or the
traffic laws relating to disregarding traffic control devices. This subsection
does not prohibit the law enforcement agency from sending the operator or owner
an additional copy of a uniform citation that was issued to the operator or
owner during the traffic stop for the offense upon request of the operator or
owner.

(
4)

Except as provided in Section
56-5-830
,
A
a
uniform traffic citation
alleging the violation of a local ordinance or the traffic laws relating to
disregarding traffic control devices may not be issued based in whole upon
photographic evidence, whether the camera or other electronic device capturing
the photographic evidence was attended or unattended at the time it captured
the photographic evidence. This section does not prohibit the use of
photographic or video evidence at any hearing related to the offense to
corroborate the testimony of a law enforcement officer who personally observed
the offense.

S
ECTION 6. The repeal or amendment by this act
of any law, whether temporary or permanent or civil or criminal, does not affect
pending actions, rights, duties, or liabilities founded thereon, or alter,
discharge, release or extinguish any penalty, forfeiture, or liability incurred
under the repealed or amended law, unless the repealed or amended provision
shall so expressly provide. After the effective date of this act, all
laws repealed or amended by this act must be taken and treated as remaining in
full force and effect for the purpose of sustaining any pending or vested
right, civil action, special proceeding, criminal prosecution, or appeal
existing as of the effective date of this act, and for the enforcement of
rights, duties, penalties, forfeitures, and liabilities as they stood under the
repealed or amended laws.

S
ECTION 7. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on April 28, 2026 at 12:48 PM