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Sponsors: Rep. Kirsh
Document Path: l:\council\bills\ms\7015bb09.docx
Companion/Similar bill(s): 3101
Introduced in the House on January 13, 2009
Currently residing in the House Committee on Agriculture, Natural Resources and Environmental Affairs
Summary: All-Terrain Vehicle Safety Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/9/2008 House Prefiled 12/9/2008 House Referred to Committee on Agriculture, Natural Resources and Environmental Affairs 1/13/2009 House Introduced and read first time HJ-51 1/13/2009 House Referred to Committee on Agriculture, Natural Resources and Environmental Affairs HJ-51
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VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 26 TO TITLE 50 SO AS TO ENACT THE "ALL-TERRAIN VEHICLE SAFETY ACT" TO PROVIDE FOR THE REGULATION OF THE OPERATION OF ALL-TERRAIN VEHICLES BY PERSONS UNDER THE AGE OF SIXTEEN, TO PROVIDE FOR THE REGULATION OF THE SALE OF ALL-TERRAIN VEHICLES FOR THE USE OF PERSONS UNDER THE AGE OF SIXTEEN, TO PROVIDE SAFETY STANDARDS FOR OPERATION OF ALL-TERRAIN VEHICLES, AND TO PROVIDE PENALTIES FOR VIOLATION OF THE CHAPTER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 50 of the 1976 Code is amended by adding:
Section 50-26-10. For the purposes of this chapter, 'all-terrain vehicle' means a motorized off-highway vehicle designed to travel on three or four low-pressure tires, having a seat designed to be straddled by the operator and handlebars for steering control.
Section 50-26-20. (A) It is unlawful for a parent or legal guardian of a person less than:
(1) eight years of age to knowingly permit that person to operate an all-terrain vehicle;
(2) twelve years of age to knowingly permit that person to operate an all-terrain vehicle with an engine capacity of seventy cubic centimeter displacement or greater;
(3) sixteen years of age to knowingly permit that person to operate an all-terrain vehicle with an engine capacity of ninety cubic centimeter displacement or greater; or
(4) sixteen years of age to knowingly permit that person to operate an all-terrain vehicle unless the person is under continuous visual supervision of a person eighteen years of age or older while operating the all-terrain vehicle.
(B) Subsections (A)(2) and (A)(3) do not apply to a parent or legal guardian of a person born on or before August 15, 2001, who permits that person to operate an all-terrain vehicle and who establishes proof that the parent or legal guardian owned the all-terrain vehicle prior to August 15, 2009.
Section 50-26-30. An operator of an all-terrain vehicle may not carry a passenger, except on those vehicles specifically designed by the manufacturer to carry passengers in addition to the operator.
Section 50-26-40. A person may not knowingly sell or offer to sell an all-terrain vehicle:
(1) for use by a person under eight years of age;
(2) with an engine capacity of seventy cubic centimeter displacement or greater for use by a person less than twelve years of age; or
(3) with an engine capacity of greater than ninety cubic centimeter displacement for use by a person less than sixteen years of age.
Section 50-26-50. An all-terrain vehicle sold, offered for sale, or operated in this State must be equipped with the following equipment:
(1) a brake system maintained in good operating condition;
(2) an effective muffler system maintained in good operating condition; and
(3) a United States Forest Service qualified spark arrester maintained in good operating condition.
Section 50-26-60. A person operating an all-terrain vehicle shall wear eye protection and a safety helmet meeting United States Department of Transportation standards for motorcycle helmets.
Section 50-26-70. A person operating or owning an all-terrain vehicle may not:
(1) operate an all-terrain vehicle while under the influence of alcohol, a controlled substance, or a prescription or nonprescription drug that impairs vision or motor coordination;
(2) operate an all-terrain vehicle in a careless or reckless manner so as to endanger or cause injury or damage to a person or property;
(3) operate an all-terrain vehicle on a public street, road, or highway, except for purposes of crossing that road or highway;
(4) operate an all-terrain vehicle on an interstate or limited-access highway, except as otherwise permitted by law;
(5) operate an all-terrain vehicle during the hours of darkness, from one-half hour after sunset to one-half hour before sunrise and at any time when visibility is reduced due to insufficient light or atmospheric conditions, without displaying a lighted headlamp and tail lamp, unless the use of lights is prohibited by other applicable laws; and
(6) authorize an all-terrain vehicle to be operated contrary to this chapter.
Section 50-26-80. Effective October 1, 2009, an all-terrain vehicle operator born on or after January 1, 1994, must possess a safety certificate indicating successful completion of an all-terrain vehicle safety course sponsored or approved by the All-Terrain Vehicle Safety Institute.
Section 50-26-90. A person violating this chapter, unless otherwise specified, is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars.
Section 56-26-100. This chapter does not apply to:
(1) an owner, operator, lessor, or renter of a farm or ranch, or that person's employees or immediate family or household members, when operating an all-terrain vehicle while engaged in farming operations; or
(2) a person using an all-terrain vehicle for hunting or trapping purposes if the person is otherwise lawfully engaged in those activities."
SECTION 2. This act takes effect upon approval by the Governor.
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