Current Status Bill Number:3012 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950110 Primary Sponsor:J. Brown All Sponsors:J. Brown, Haskins, Cromer, Keyserling, Moody-Lawrence, Hines, Lloyd, Shissias Drafted Document Number:DKA\3498CM.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Open bed of trucks
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950110 Introduced, read first time, 25 HJ
referred to Committee
House 19941214 Prefiled, referred to Committee 25 HJ
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3900 SO AS TO PROHIBIT PERSONS UNDER TWELVE YEARS OF AGE FROM BEING TRANSPORTED IN THE OPEN BED OR CARGO AREA OF A PICKUP TRUCK OR TRAILER UNDER CERTAIN CIRCUMSTANCES AND 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 56-5-3900. (A) It is unlawful for a person under twelve years of age to be transported in the open bed or open cargo area of a pickup truck or trailer. An open bed or open cargo area is a bed or cargo area without permanent overhead restraining construction.
(B) Subsection (A) does not apply when:
(1) an adult is present in the bed or cargo area of the vehicle and is supervising the child;
(2) the child is secured or restrained by a seat belt manufactured in compliance with Federal Motor Vehicle Safety Standard No. 208, installed to support a load of not less than five thousand pounds for each belt, and of a type approved by the Department of Public Safety;
(3) an emergency situation exists;
(4) the vehicle is being operated in an organized hay ride or parade pursuant to a valid permit;
(5) the vehicle is being operated in an agricultural enterprise; or
(6) the vehicle is being operated in a county which has no incorporated area with a population greater than three thousand five hundred.
(C) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined twenty-five dollars.
(D) No driver's license points or insurance surcharge may be assessed for a violation of this section."
SECTION 2. This act takes effect upon approval by the Governor.