Bill 1109

                    Current Status

Bill Number:               1109
Ratification Number:       446
Act Number:                405
Introducing Body:          Senate
Subject:                   Enact the Public Transportation Passenger
                           Rights Act

(A405, R446, S1109)

AN ACT AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 IN CHAPTER 23 OF TITLE 58 SO AS TO ENACT THE PUBLIC TRANSPORTATION PASSENGER RIGHTS ACT AND PROVIDE PENALTIES FOR VIOLATION.

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

Public Transportation Passenger Rights Act

SECTION 1. Chapter 23 of Title 58 of the 1976 Code is amended by adding:

"Article 17

Public Transportation Passenger Rights Act

Section 58-23-1810. This article may be cited as the Public Transportation Passenger Rights Act.

Section 58-23-1820. For purposes of this article:

(a) 'passenger' means any individual served by a public transportation provider including charter bus activities;

(b) 'bus' means any passenger bus or other motor vehicle having a seating capacity of not less than ten passengers operated by a public transportation provider for the purpose of carrying passengers, including charter passengers;

(c) 'public transportation' is as defined in item (10) of Section 58-25-20;

(d) 'public transportation provider' means any operator who offers or delivers public transportation;

(e) 'public transportation vehicle' means any configuration of equipment for the purpose of providing public transportation.

Section 58-23-1830. (a) It is unlawful for any passenger to commit any of the following acts in a bus or any other public transportation vehicle:

(1) discard litter, except into receptacles designated for that purpose;

(2) play any radio, cassette, cartridge, tape player, or similar device unless controlled by the operator, unless the device is connected to an earphone that limits the sound to the hearing of the individual user;

(3) carry or possess any weapon, explosives, acids, other dangerous articles, or live animals, except for a seeing eye dog or a hearing ear dog properly harnessed and accompanied by its owner, small animals properly packaged, or weapons carried by or animals used by a law enforcement official;

(4) obstruct, hinder, interfere with, or otherwise disrupt or disturb the operation or operator of a public transportation vehicle;

(5) board a public transportation bus through the rear exit door, unless so directed by an employee or agent of the carrier;

(6) use profane, indecent, or obscene language or actions on a public transportation vehicle, or conduct himself in a boisterous fashion while on a public transportation vehicle.

(b) Intoxicated persons may be excluded from riding in any public transportation vehicle by the vehicle's driver or operator.

(c) The driver of any public transportation vehicle may refuse to transport any person who insists on boarding the vehicle in a manner that will obviously violate any of the above provisions.

(d) Any person violating the provisions of subsection (a) of this section is guilty of a misdemeanor, and upon conviction for a first

offense must be imprisoned for not more than thirty days or fined not more than two hundred dollars, for a second offense, imprisoned for not more than sixty days or fined not more than five hundred dollars, or both, and for a third or subsequent offense, imprisoned for not more than ninety days or fined not more than one thousand dollars, or both."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.