H 4366 Session 111 (1995-1996)
H 4366 General Bill, By Cotty, Allison, A.W. Byrd, B.D. Cain, Cobb-Hunter,
Seithel, J.S. Shissias, Trotter and C.C. Wells
Similar(S 962)
A Bill to amend Chapter 5, Title 56, Code of Laws of South Carolina, 1976, by
adding Article 28 so as to enact the Child Bicycle Safety Act and to require
children to use bicycle helmets when they are bicycle operators or passengers,
to provide penalties, and to establish the Bicycle Safety Fund for use in
providing bicycle safety programs and assisting low income families in
purchasing helmets.
12/13/95 House Prefiled
12/13/95 House Referred to Committee on Education and Public Works
01/09/96 House Introduced and read first time HJ-68
01/09/96 House Referred to Committee on Education and Public
Works HJ-68
A BILL
TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLES,
BY ADDING ARTICLE 28 SO AS TO ENACT THE CHILD
BICYCLE SAFETY ACT AND TO REQUIRE CHILDREN TO
USE BICYCLE HELMETS WHEN THEY ARE BICYCLE
OPERATORS OR PASSENGERS, TO PROVIDE PENALTIES,
AND TO ESTABLISH THE "BICYCLE SAFETY
FUND" FOR USE IN PROVIDING BICYCLE SAFETY
PROGRAMS AND ASSISTING LOW INCOME FAMILIES IN
PURCHASING HELMETS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 5, Title 56 of the 1976 Code is amended
by adding:
"Article 28
Child Bicycle Safety
Section 56-5-3545. This article may be cited as the Child Bicycle
Safety Act.
Section 56-5-3550. The General Assembly finds that:
(1) Disability and death of children resulting from injuries
sustained in bicycling accidents are a serious threat to the public
health, welfare, and safety of the people of this State, and the
prevention of disability and death is a goal of South Carolinians.
(2) Head injuries are the leading cause of disability and death
from bicycling accidents.
(3) The risk of head injury from bicycling accidents is
significantly reduced for bicyclists who wear proper protective
bicycle helmets; yet helmets are worn by fewer than five percent of
child bicyclists nationwide.
(4) The risk of head injury or of any other injury to a small
child who is a passenger on a bicycle operated by another person
would be significantly reduced if a child passenger sat in a separate
restraining seat.
(5) The incidence of disability and death resulting from injuries
incurred in bicycling accidents will be reduced through proper
wearing of protective headgear and education.
Section 56-5-3555. As used in this article:
(1) `Bicycle' means a human-powered vehicle with two wheels
in tandem designed to transport, by the action of pedaling, one or
more persons seated on one or more saddle seats on its frame. This
term includes a human-powered vehicle designed to transport by
pedaling which has more than two wheels where the vehicle is used
on a public roadway, public bicycle path, or other public
right-of-way, but does not include a tricycle.
(2) `Operator' means a person who travels on a bicycle seated
on a saddle seat from which that person is intended to and can
pedal the bicycle.
(3) `Other public right-of-way' means any right-of-way other
than a public roadway or public bicycle path that is under the
jurisdiction and control of the State or a political subdivision of the
State for use primarily by bicycles and pedestrians.
(4) `Passenger' means a person who travels on a bicycle in any
manner except as an operator, including in a trailer towed by the
bicycle.
(5) `Protective bicycle helmet' means a piece of headgear which
meets or exceeds the impact standards for protective bicycle helmets
set by the American National Standards Institute (ANSI Z90.4
bicycle helmet standard or subsequent standard), the American
Society for Testing Manuals (ASTM), or the Snell Memorial
Foundation's 1984 Standard (or subsequent standard) for Protective
Headgear for Use in Bicycling.
(6) `Public bicycle path' means a right-of-way under the
jurisdiction and control of the State or a political subdivision of the
State for use primarily by bicycles and pedestrians.
(7) `Public roadway' means a right-of-way under the
jurisdiction and control of the State or a political subdivision of the
State for use primarily by motor vehicles.
(8) `Restraining seat' means a seat separate from the saddle seat
of the operator of the bicycle that is fastened securely to the frame
of the bicycle and is adequately equipped to restrain the passenger
in the seat and protect the passenger from the moving parts of the
bicycle.
(9) `Tricycle' means a three-wheeled, human-powered vehicle
designed for use as a toy by a single child under the age of six
years, the seat of which is no more than two feet from ground level.
Section 56-5-3560. With regard to a bicycle used on a public
roadway, public bicycle path, or other public right-of-way:
(1) It is unlawful for a person under the age of sixteen to
operate or be a passenger on a bicycle unless a protective bicycle
helmet of good fit is fastened securely upon the person's head with
straps of the helmet.
(2) It is unlawful for a person to be a passenger on a bicycle
unless:
(a) the person is able to maintain an erect, seated position on
the bicycle;
(b) except as provided in subitem (c), the person is properly
seated alone on a saddle seat, as on a tandem bicycle; and
(c) with respect to a person who weighs fewer than forty
pounds or is less than forty inches in height, the person can be and
is properly seated in and adequately secured to a restraining seat or
a trailer towed by the bicycle.
(3) It is unlawful for a parent or legal guardian of a person
below the age of sixteen knowingly to permit the person to operate
or be a passenger on a bicycle in violation of items (1) or (2).
Section 56-5-3565. (A) A person violating any provision of
Section 56-5-3560 is guilty of a misdemeanor and, upon conviction,
must be fined thirty dollars.
(B) All fines collected must be remitted to the State Treasurer
and deposited in an interest-bearing account, separate and distinct
from the general fund, to be known as the Bicycle Safety Fund.
The fund must be administered by the Department of Public Safety
and monies in the fund must be used to provide educational
programs on bicycle safety. If the director of the department
determines that there are sufficient reserves in the fund, monies may
be used, in a manner prescribed by regulation, to assist low-income
families in purchasing approved bicycle helmets.
Section 56-5-3570. The Department of Public Safety shall
promulgate regulations necessary to carry out the provisions of this
article."
SECTION 2. In the case of a first conviction of a violation of
Section 56-5-3560 of the 1976 Code, as added by Section 1 of this
act, within twelve months of this act's effective date, the court may
waive the fine upon receipt of proof that since the date of the
violation the convicted person has purchased or obtained a
protective bicycle helmet or a restraining seat and uses and intends
to use it in compliance with Article 28, Chapter 5, Title 56 of the
1976 Code as added by Section 1 of this act.
SECTION 3. This act takes effect January 1, 1997.
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