A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 56-5-2790 SO AS TO MAKE VEHICLE OWNERS OR OPERATORS LIABLE TO THE DEPARTMENT OF EDUCATION FOR UNLAWFULLY OVERTAKING AND PASSING SCHOOL BUSES; BY ADDING SECTION 59-67-235 SO AS TO REQUIRE OPERATORS OF SCHOOL BUSES TO NOTIFY THE DEPARTMENT OF EDUCATION WHEN VEHICLES DO NOT STOP WHEN THE DRIVERS HAVE AMBER SIGNALS ACTUATED; AND BY AMENDING SECTION 56-3-1335, RELATING TO SUSPENSION OF VEHICLE REGISTRATIONS FOR FAILURE TO PAY TOLLS, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL SUSPEND VEHICLE REGISTRATIONS FOR OUTSTANDING JUDGMENTS FOR PASSING SCHOOL BUSES.
Summary
H4304 creates a new civil enforcement process for drivers or vehicle owners who unlawfully pass a stopped school bus in South Carolina. It authorizes the Department of Education, or its agent, to issue mailed notices and penalties based on school-bus camera evidence, with escalating civil penalties for repeat violations. The bill also allows a later citation if the penalty is not paid, and it provides for court adjudication if the recipient contests liability.
The bill requires school bus operators to report violations to the Department of Education within 24 hours and to preserve video evidence for enforcement. It also amends the vehicle-registration suspension law so that the Department of Motor Vehicles must suspend or refuse to renew registration when there is an outstanding judgment for failure to pay a school-bus-passing penalty. The suspension remains until the judgment is satisfied and a reinstatement fee is paid.
Impact
The bill would add Section 56-5-2790 to the South Carolina Code to create a civil penalty regime for passing a school bus, including notice procedures, evidentiary rules for camera footage, defenses for stolen, leased, or misidentified vehicles, and the ability for an owner who pays to seek indemnification from the operator. It also adds Section 59-67-235 to require school bus operators to report alleged violations and preserve video, and it amends Section 56-3-1335 to tie unpaid school-bus-passing judgments to DMV registration suspension and denial of registration or reregistration. In practical terms, it expands enforcement beyond criminal traffic penalties by involving the Department of Education and DMV in collection and compliance.
Sentiment
The bill appears aimed at strengthening school bus safety enforcement and is framed as a deterrent to dangerous passing behavior. Even without recorded committee debate or votes, the structure of the bill suggests a generally pro-enforcement and child-safety-oriented approach, with multiple mechanisms to ensure penalties are paid and violations are documented. The absence of recorded opposition in the provided materials means no formal sentiment can be measured from votes, but the bill’s design indicates support for tougher consequences rather than a neutral administrative change.
Contention
Potential points of contention include the use of camera-based evidence, mailed notices, and civil liability imposed on vehicle owners even when they may not have been the driver. The bill tries to address fairness concerns by providing defenses for stolen vehicles, leased vehicles, and cases where the owner was not the operator, but those provisions may still be debated by motorists, rental companies, and privacy or due-process advocates. Another possible issue is the DMV registration suspension for unpaid judgments, which can be viewed as a strong enforcement tool but also as a significant collateral consequence for vehicle owners.