H*3006(Rat #0367, Act #0317 of 2008)  General Bill, By J.E. Smith, G.R. Smith, 
Talley, Gullick, Herbkersman, Brady, Mulvaney, Scarborough, Pinson, Shoopman, 
Hagood, Agnew, Stewart, Bedingfield, McLeod, Funderburk, Perry, Bales, Toole, 
Stavrinakis, Harrison, Vick, Ceips, Whipper and Bowen

Similar(S 354)
 AN ACT TO AMEND SECTIONS 56-5-160 AND 56-19-10, CODE OF LAWS OF SOUTH
 CAROLINA, 1976, BOTH RELATING TO THE DEFINITION OF THE TERM "BICYCLE", SO AS
 TO CLARIFY THE DEFINITION AND TO EXCLUDE CHILDRENS' TRICYCLES; TO AMEND
 ARTICLE 27, CHAPTER 5, TITLE 56, RELATING TO BICYCLISTS AND USERS OF PLAY
 VEHICLES, SO AS TO DEFINE "BICYCLE LANE" AND PROVIDE, AMONG OTHER THINGS, THAT
 MOTOR VEHICLES MAY NOT BLOCK BICYCLE LANES AND MUST YIELD TO BICYCLISTS IN
 SUCH LANES, TO PROVIDE THAT BICYCLISTS MAY, BUT ARE NOT REQUIRED TO RIDE ON
 THE SHOULDER OF A ROADWAY, TO DELETE THE PROVISION REQUIRING A BICYCLIST TO
 USE A BIKE PATH WHEN PROVIDED, RATHER THAN THE ROADWAY, TO REQUIRE A MOTORIST
 TO MAINTAIN A SAFE DISTANCE BETWEEN THE MOTOR VEHICLE AND A BICYCLE, TO CREATE
 A MISDEMEANOR OFFENSE FOR HARASSING, TAUNTING, OR MALICIOUSLY THROWING AN
 OBJECT AT A BICYCLIST, TO DELETE PROVISIONS REQUIRING BICYCLES TO HAVE A BELL
 OR OTHER AUDIBLE DEVICE, TO SPECIFY THE FORM AND EXTENT OF ARM SIGNALS THAT
 BICYCLISTS MUST USE, TO PROVIDE A FINE FOR FAILING TO HAVE A BRAKE ON A
 BICYCLE, AND TO PROVIDE CIVIL FINES FOR VIOLATION OF THIS ARTICLE, INCLUDING
 FINES WHEN A PERSON DRIVING A MOTOR VEHICLE CAUSES AN INJURY TO A BICYCLIST. -
 ratified title

   12/13/06  House  Prefiled
   12/13/06  House  Referred to Committee on Education and Public Works
   01/09/07  House  Introduced and read first time HJ-19
   01/09/07  House  Referred to Committee on Education and Public
                     Works HJ-19
   01/17/07  House  Member(s) request name added as sponsor: Talley,
                     Gullick
   01/18/07  House  Member(s) request name added as sponsor: Herbkersman
   01/24/07  House  Member(s) request name added as sponsor: Brady,
                     Mulvaney
   01/25/07  House  Member(s) request name added as sponsor: Scarborough
   01/31/07  House  Member(s) request name added as sponsor: Pinson
   02/01/07  House  Member(s) request name added as sponsor: Shoopman
   02/07/07  House  Member(s) request name added as sponsor: Hagood
   02/08/07  House  Member(s) request name added as sponsor: Agnew
   02/14/07  House  Member(s) request name added as sponsor: Stewart,
                     Bedingfield
   03/07/07  House  Member(s) request name added as sponsor: McLeod
   03/13/07  House  Member(s) request name added as sponsor: Funderburk
   03/28/07  House  Member(s) request name added as sponsor: Perry, Bales
   04/11/07  House  Member(s) request name added as sponsor: Toole
   04/25/07  House  Member(s) request name added as sponsor:
                     Stavrinakis, Harrison
   05/08/07  House  Member(s) request name added as sponsor: Vick
   05/17/07  House  Member(s) request name added as sponsor: Ceips
   06/05/07  House  Committee report: Favorable with amendment
                     Education and Public Works HJ-15
   06/06/07  House  Member(s) request name added as sponsor: Whipper
   06/06/07         Scrivener's error corrected
   06/07/07  House  Requests for debate-Rep(s). Cooper, Loftis,
                     Crawford, Kirsh, R Brown, Kennedy Miller,
                     Umphlett, Cato, GR Smith, JR Smith, Bedingfield,
                     Perry, Viers, Cotty, Whitmire, and Chalk HJ-14
   01/08/08  House  Debate adjourned until Wednesday, January 9, 2008 HJ-86
   01/09/08  House  Member(s) request name added as sponsor: Bowen
   01/09/08  House  Amended HJ-39
   01/09/08  House  Read second time HJ-47
   01/09/08  House  Roll call Yeas-105  Nays-0 HJ-47
   01/10/08  House  Read third time and sent to Senate HJ-363
   01/10/08  Senate Introduced and read first time SJ-5
   01/10/08  Senate Referred to Committee on Transportation SJ-5
   04/24/08  Senate Committee report: Favorable with amendment
                     Transportation SJ-19
   05/15/08  Senate Committee Amendment Amended and Adopted SJ-91
   05/15/08  Senate Read second time SJ-91
   05/15/08  Senate Unanimous consent for third reading on next
                     legislative day SJ-91
   05/16/08  Senate Read third time and returned to House with
                     amendments SJ-3
   05/27/08  House  Debate adjourned on Senate amendments until
                     Wednesday, May 28, 2008 HJ-37
   05/28/08  House  Senate amendment amended HJ-185
   05/28/08  House  Returned to Senate with amendments HJ-187
   05/29/08  Senate Concurred in House amendment and enrolled SJ-176
   06/05/08         Ratified R 367
   06/10/08         Signed By Governor
   06/23/08         Copies available
   06/23/08         Effective date 06/10/08
   07/11/08         Act No. 317

H. 3006

(A317, R367, H3006)

AN ACT TO AMEND SECTIONS 56-5-160 AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE DEFINITION OF THE TERM "BICYCLE", SO AS TO CLARIFY THE DEFINITION AND TO EXCLUDE CHILDRENS' TRICYCLES; TO AMEND ARTICLE 27, CHAPTER 5, TITLE 56, RELATING TO BICYCLISTS AND USERS OF PLAY VEHICLES, SO AS TO DEFINE "BICYCLE LANE" AND PROVIDE, AMONG OTHER THINGS, THAT MOTOR VEHICLES MAY NOT BLOCK BICYCLE LANES AND MUST YIELD TO BICYCLISTS IN SUCH LANES, TO PROVIDE THAT BICYCLISTS MAY, BUT ARE NOT REQUIRED TO RIDE ON THE SHOULDER OF A ROADWAY, TO DELETE THE PROVISION REQUIRING A BICYCLIST TO USE A BIKE PATH WHEN PROVIDED, RATHER THAN THE ROADWAY, TO REQUIRE A MOTORIST TO MAINTAIN A SAFE DISTANCE BETWEEN THE MOTOR VEHICLE AND A BICYCLE, TO CREATE A MISDEMEANOR OFFENSE FOR HARASSING, TAUNTING, OR MALICIOUSLY THROWING AN OBJECT AT A BICYCLIST, TO DELETE PROVISIONS REQUIRING BICYCLES TO HAVE A BELL OR OTHER AUDIBLE DEVICE, TO SPECIFY THE FORM AND EXTENT OF ARM SIGNALS THAT BICYCLISTS MUST USE, TO PROVIDE A FINE FOR FAILING TO HAVE A BRAKE ON A BICYCLE, AND TO PROVIDE CIVIL FINES FOR VIOLATION OF THIS ARTICLE, INCLUDING FINES WHEN A PERSON DRIVING A MOTOR VEHICLE CAUSES AN INJURY TO A BICYCLIST.

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

Bicycle defined

SECTION    1.    Section 56-5-160 of the 1976 Code is amended to read:

"Section 56-5-160.    A bicycle is a device propelled solely by pedals, operated by one or more persons, and having two or more wheels, except childrens' tricycles."

Bicycle defined

SECTION    2.    Section 56-19-10(2) of the 1976 Code is amended to read:

"(2)    'Bicycle' means a device propelled solely by pedals, operated by one or more persons, and having two or more wheels, except childrens' tricycles."

Article revised

SECTION    3.    Article 27, Chapter 5, Title 56 of the 1976 Code is amended to read:

Section 56-5-3410.    The provisions of this article are applicable to bicycles whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles, subject to those exceptions stated in this article.

Section 56-5-3420.    A person riding a bicycle upon a roadway must be granted all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this chapter, except as to special provisions in this article and except as to those provisions of this chapter which by their nature can have no application.

Section 56-5-3425.    (A)    For purposes of this section, 'bicycle lane' means a portion of the roadway or a paved lane separated from the roadway that has been designated by striping, pavement markings, and signage for the preferential or exclusive use of bicyclists.

(B)    Whenever a bicycle lane has been provided adjacent to a roadway, operators of:

(1)    motor vehicles may not block the bicycle lane to oncoming bicycle traffic and shall yield to a bicyclist in the bicycle lane before entering or crossing the lane; and

(2)    bicycles are required to ride in the bicycle lane except when necessary to pass another person riding a bicycle or to avoid an obstruction in the bicycle lane. However, bicyclists may ride on the roadway when there is only an adjacent recreational bicycle path available instead of a bicycle lane.

Section 56-5-3430.    (A)    Except as provided in subsection (B), every bicyclist operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable. A bicyclist may, but is not required to, ride on the shoulder of the roadway in order to comply with the requirements of this subsection.

(B)    A bicyclist may ride in a lane other than the right-hand lane if only one lane is available that permits the bicyclist to continue on his intended route.

(C)    When operating a bicycle upon a roadway, a bicyclist must exercise due care when passing a standing vehicle or one proceeding in the same direction.

(D)    Bicyclists riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.

Section 56-5-3435.    A driver of a motor vehicle must at all times maintain a safe operating distance between the motor vehicle and a bicycle.

Section 56-5-3440.    A bicyclist propelling a bicycle may not ride other than upon or astride a permanent and regular seat attached to the bicycle. No bicycle may be used to carry more persons at one time than the number for which it is designed and equipped.

Section 56-5-3445.    It is unlawful to harass, taunt, or maliciously throw an object at or in the direction of any person riding a bicycle. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred fifty dollars or imprisoned not more than thirty days, or both.

Section 56-5-3450.    A person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle may not attach it or them or himself to a vehicle upon a roadway.

Section 56-5-3460.    A bicyclist operating a bicycle may not carry any package, bundle, or article that prevents the rider from keeping at least one hand upon the handle bars.

Section 56-5-3470.    A bicycle when in use at nighttime must be equipped with a lamp on the front which must emit a white light visible from a distance of at least five hundred feet to the front and with a red reflector on the rear that must be visible from all distances from fifty feet to three hundred feet to the rear when directly in front of the lawful upper beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred feet to the rear may be used in addition to the red reflector.

Section 56-5-3480.    (A)(1)    A bicyclist shall indicate a right turn by extending the left arm upward, by raising the left arm to the square, or by extending the right arm horizontally to the right.

(2)    A bicyclist shall indicate a left turn by extending the left arm horizontally.

(3)    A bicyclist shall indicate stopping or decreasing speed by extending the left arm or the right arm downward.

(B)    A bicyclist is not required to give signals provided for in subsection (A) continuously if the hand or arm is needed to control the bicycle.

(C)    A violation of this section is punishable by a fine of twenty-five dollars.

Section 56-5-3490.    A bicycle must be equipped with a brake that will enable the bicyclist to make the braked wheels skid on dry, level, clean pavement. A violation of this section is punishable by a fine of twenty-five dollars.

Section 56-5-3500.    (A)    Except as otherwise provided, in the absence of another violation being cited, a violation of this article by the driver of a motor vehicle is subject to a civil fine of up to one hundred dollars unless a bicyclist is injured as a result of the violation.

(B)    In the absence of another violation being cited, a person driving a motor vehicle who violates a provision of this article and the violation is the proximate cause of a:

(1)    minor injury to a bicyclist, must be assessed a civil fine of up to five hundred dollars; or

(2)    great bodily injury, as defined in Section 56-5-2945, to a bicyclist, must be assessed a civil fine of not more than one thousand dollars.

Section 56-5-3515.    (A)    An authorized police patrol bicycle used as a part of a police bicycle patrol may exercise the privileges of an emergency vehicle provided in Section 56-5-760.

(B)    An authorized police patrol bicycle may be equipped with a siren or the officer may utilize a whistle in the performance of his duties, or both.

(C)    Notwithstanding the provisions of Section 56-5-760(C), an authorized police patrol bicycle acting as an emergency vehicle is entitled to the exemptions of an authorized emergency vehicle if it makes use of an audible signal meeting the requirements of Section 56-5-4970 or visual signals meeting the requirements of Section 56-5-4700."

Time effective

SECTION    4.    This act takes effect upon approval by the Governor.

Ratified the 5th day of June, 2008.

Approved the 10th day of June, 2008.