S 1540 Session 109 (1991-1992)
S 1540 General Bill, By Saleeby
A Bill to amend Title 15, Code of Laws of South Carolina, 1976, relating to
civil remedies and procedures, by adding Chapter 76 so as to enact the
Motorsport Nonspectator Liability Release Act which permits a person operating
a closed-source motorsport facility to require the signing of a liability
release form as a condition of admission to a nonspectator area, and to
provide for a release from certain liability in these cases
05/07/92 Senate Introduced and read first time SJ-9
05/07/92 Senate Referred to Committee on Judiciary SJ-9
A BILL
TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY
ADDING CHAPTER 76 SO AS TO ENACT THE MOTORSPORT
NONSPECTATOR LIABILITY RELEASE ACT WHICH PERMITS
A PERSON OPERATING A CLOSED-COURSE MOTORSPORT
FACILITY TO REQUIRE THE SIGNING OF A LIABILITY
RELEASE FORM AS A CONDITION OF ADMISSION TO A
NONSPECTATOR AREA, AND TO PROVIDE FOR A RELEASE
FROM CERTAIN LIABILITY IN THESE CASES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 15 of the 1976 Code is amended by adding:
"CHAPTER 76
Motorsport Nonspectator Liability
Release Act
Section 15-76-10. As used in this chapter:
(a) `Closed-course motorsport facility' means a closed-course
speedway or racetrack designed and intended for motor vehicle
competition, exhibitions of speed, or other forms of recreation involving
the use of motor vehicles, including motorcycles.
(b) `Nonspectator area' means a posted area within a closed-course motorsport facility, admission to which is conditioned upon the
signing of a motorsport liability release, but does not include the
`spectator area' as defined in item (c).
(c) `Spectator area' means a specified area within a closed-course
motorsport facility intended for admission to the general public, whether
or not an admission price is charged, to which admitted persons of the
general public have unrestricted access including the grandstands and
other general admission seating or viewing areas.
(d) `Posted' means a nonspectator area enclosed by fence or
wall at least six feet high in all areas where no participants might gain
entrance, and at least three feet high in any other areas, with signs
having letters at least four inches high restricting entry including, but not
limited to, signs reading `Nonspectator Area' displayed not more than
five hundred feet from the entrance to the nonspectator area and at each
entrance to the nonspectator area.
(e) `Negligence' means all forms of negligence, whether
misfeasance or nonfeasance, and failure to ward against an existing or
future dangerous condition but does not include gross negligence,
recklessness, or wilful and wanton conduct.
(f) `Motor vehicle' means an automobile, motorcycle, or any
other vehicle propelled by power other than muscular power, used to
transport persons and which operates within the confines of a closed-course motorsport track.
(g) `Nonspectators' means event participants who have signed
a motorsport liability release.
Section 15-76-20. Any person who operates a closed-course
motorsport facility may require, as a condition of admission to any
nonspectator area of the facility, the signing of a liability release form.
The persons or entities owning, leasing, or operating the facility or
sponsoring or sanctioning the motorsport event are not liable to a
nonspectator, or his heirs, representative or assigns, for negligence
which proximately causes injury or property damage to the nonspectator
within a nonspectator area during the period of time covered by the
release.
Section 15-76-30. A motorsport liability release may be signed
by more than one person so long as the release form appears on each
page, or side of a page, which is signed. A motorsport liability release
must be printed in eight-point type or larger."
SECTION 2. This act takes effect upon approval by the Governor.
-----XX----- |