A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA SPEED SAFETY ACT OF 2026" BY ADDING ARTICLE 12 TO CHAPTER 5, TITLE 56 SO AS TO PROVIDE DEFINITIONS, AND TO PROVIDE CERTAIN LOCAL GOVERNMENTAL AGENCIES TO EMPLOY SPEED-SAFETY SYSTEMS; BY AMENDING SECTION 56-5-70, RELATING TO CERTAIN VEHICLE REQUIREMENTS SUSPENDED DURING STATES OF EMERGENCY, AND DECLARATIONS OF EMERGENCIES TRIGGERING FEDERAL RELIEF, SO AS TO DELETE THE PROVISION CONCERNING THE ISSUANCE OF CITATIONS FOR CERTAIN TRAFFIC VIOLATIONS; BY AMENDING SECTION 56-5-710, RELATING TO POWERS OF LOCAL AUTHORITIES, SO AS TO DELETE THE PROVISION RELATING TO THE ISSUANCE OF CERTAIN TRAFFIC CITATIONS; AND BY REPEALING SECTION 56-7-35 RELATING TO THE ISSUANCE OF UNIFORM TRAFFIC TICKETS FOR CERTAIN OFFENSES.
H5640 would create the “South Carolina Speed Safety Act of 2026,” authorizing certain municipalities and local law-enforcement agencies in cities of at least 25,000 people to run a five-year pilot program using speed-safety systems. The bill defines the devices, operators, hearing officers, and owners subject to enforcement, and it sets out detailed rules for how the systems may be used, including signage, public notice, training, calibration, warning periods, and administrative review procedures. It limits use primarily to school zones and active work or construction zones, requires a certified law-enforcement officer to initiate operation, and caps civil penalties at $200.
The bill also creates a statewide framework for these systems through the Department of Motor Vehicles, with legislative approval required for material changes. It requires municipalities to use fixed-fee vendor contracts rather than contingency-based arrangements, and it directs revenue from the systems to public safety, traffic-safety improvements, or educational initiatives. Municipalities using the systems would also have to report on crash reduction, public safety outcomes, and social and racial equity impacts within three years. The act would sunset on December 31, 2030, after which prior law would be restored.
H5640 would substantially change South Carolina traffic-enforcement law by expressly authorizing automated speed enforcement in limited local pilot programs and by creating new statutory procedures for photo-based citations, administrative hearings, evidentiary standards, and owner liability. It would amend existing provisions in Sections 56-5-70 and 56-5-710 to remove or narrow language that currently restricts photographic citations, and it would repeal Section 56-7-35, which concerns uniform traffic tickets for certain offenses. The bill would also make these violations non-moving offenses that do not affect driving points, driving records, or insurance coverage, while allowing civil penalties and back-office review.
The bill’s structure suggests a cautious, regulated approach to automated enforcement rather than unrestricted camera ticketing. By limiting the program to larger municipalities, requiring warning notices, mandating signage and calibration, capping penalties, and imposing reporting requirements, the bill appears designed to address safety concerns while building in oversight and accountability. No committee transcripts or votes are provided, so there is no recorded public debate or formal vote history to indicate broader legislative sentiment beyond the bill’s detailed regulatory framing.
The main points of contention are likely to be the use of automated enforcement itself, the extent of local government authority, and concerns about fairness and revenue incentives. Opponents may object to photo-based citations, owner liability, and the possibility of municipalities using enforcement as a revenue source, even though the bill prohibits contingency-based vendor fees and restricts revenue use. Supporters are likely to emphasize school-zone and work-zone safety, the administrative safeguards, and the limits on penalties and enforcement conditions. The required future report on social and racial equity impacts also signals that equity concerns are expected to be part of the policy debate.