South Carolina Legislature


 

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H 4816
Session 109 (1991-1992) 

H 4816 General Bill, By D.M. Beasley and Jennings
 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

   05/05/92  House  Introduced and read first time HJ-11
   05/05/92  House  Referred to Committee on Judiciary HJ-11



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.

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