H*2314 Session 106 (1985-1986)
H*2314(Rat #0617, Act #0528 of 1986) General Bill, By Fair
A Bill to amend Chapter 1 of Title 56, Code of Laws of South Carolina, 1976 by
adding Article 9 so as to regulate the operation of mopeds on the highways and
streets, to amend Sections 56-3-20, 56-9-20, and 56-19-10, all as amended, and
Sections 56-1-10, 56-5-130, 56-5-150, and 56-5-160, relating to definitions of
vehicles, so as to define "moped" include or exclude moped from definitions,
and to amend the 1976 Code by adding Sections 56-5-20, 56-5-165, and 56-5-1555
and Article 30 to Chapter 5 of Title 56 so as to further regulate moped
operations and sales and to define moped, and to repeal Section 56-5-3510
relating to bicycles with helper motors.-amended title
01/31/85 House Introduced and read first time HJ-497
01/31/85 House Referred to Committee on Education and Public
Works HJ-497
02/28/85 House Committee report: Favorable with amendment
Education and Public Works HJ-1037
03/06/85 House Amended HJ-1154
03/06/85 House Debate interrupted HJ-1159
03/07/85 House Debate adjourned until Tuesday, March 12, 1985 HJ-117
03/13/85 House Objection by Rep. J. Arthur, & Woods HJ-1272
03/13/85 House Objection by Rep. Taylor HJ-1277
03/14/85 House Objection withdrawn by Rep. Taylor & Woods HJ-1363
03/14/85 House Debate interrupted HJ-1368
03/19/85 House Amended HJ-1401
03/19/85 House Read second time HJ-1401
03/20/85 House Read third time and sent to Senate HJ-1485
03/20/85 Senate Introduced and read first time SJ-938
03/20/85 Senate Referred to Committee on Transportation SJ-939
05/30/85 Senate Committee report: Favorable with amendment
Transportation SJ-2385
04/03/86 Senate Amended SJ-1437
04/03/86 Senate Read second time SJ-1444
04/03/86 Senate Ordered to third reading with notice of
amendments SJ-1444
04/24/86 Senate Read third time SJ-2263
04/24/86 Senate Returned SJ-2264
04/29/86 House Non-concurrence in Senate amendment HJ-2632
05/13/86 Senate Senate insists upon amendment and conference
committee appointed Sens. Lourie, Leventis, and
Giese SJ-2589
05/20/86 House Conference committee appointed Fair, R. Brown &
Gordon HJ-3099
06/02/86 House Free conference powers rejected HJ-3552
06/03/86 House Free conference powers granted HJ-3577
06/03/86 House Free conference committee appointed Fair, R.
Brown & Gordon HJ-3579
06/03/86 Senate Free conference powers granted SJ-3509
06/03/86 Senate Free conference committee appointed Lourie,
Leventis & Giese SJ-3509
06/04/86 House Free conference report received HJ-3673
06/04/86 House Free conference report adopted HJ-3681
06/04/86 Senate Free conference report received SJ-3587
06/04/86 Senate Free conference report adopted SJ-3587
06/05/86 House Ordered enrolled for ratification HJ-3775
06/05/86 Ratified R 617
06/12/86 Signed By Governor
06/12/86 Effective date 06/12/86
06/12/86 Act No. 528
06/20/86 Copies available
(A528, R617, H2314)
AN ACT TO AMEND CHAPTER 1 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING ARTICLE 9 SO AS TO REGULATE THE OPERATION OF MOPEDS ON THE HIGHWAYS AND
STREETS, TO AMEND SECTIONS 56-3-20, 56-9-20, AND 56-19-10, ALL AS AMENDED, AND
SECTIONS 56-1-10, 56-5-130, 56-5-150, AND 56-5-160, RELATING TO DEFINITIONS OF
VEHICLES, SO AS TO DEFINE "MOPED" INCLUDE OR EXCLUDE MOPED FROM
DEFINITIONS, AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 56-5-50, 56-5-165, AND
56-5-1555 AND ARTICLE 30 TO CHAPTER 5 OF TITLE 56 SO AS TO FURTHER REGULATE MOPED
OPERATIONS AND SALES AND TO DEFINE MOPED, AND TO REPEAL SECTION 56-5-3510
RELATING TO BICYCLES WITH HELPER MOTORS.
Be it enacted by the General Assembly of the State of South Carolina:
Operation of mopeds
SECTION 1. Chapter 1 of Title 56 of the 1976 Code is amended by adding:
"Article 9
Section 56-1-1710. For purposes of this article, the word 'moped' means a
cycle with pedals to permit propulsion by human power and with a motor of not
more than fifty cubic centimeters which produces not to exceed one and one-half
brake horsepower and which is not capable of propelling the vehicle at a speed
in excess of twenty-five miles an hour on level ground. If an internal
combustion engine is used, the moped shall have a power drive system that
functions directly or automatically without clutching or shifting by the operator
after the drive system is engaged.
Section 56-1-1720. Until January 1, 1987, no person under the age of twelve
may operate a moped on the public highways and streets of this State. After
December 31, 1986, to operate a moped on the public highways and streets of this
State, a person must possess a valid driver's license issued under Article 1 of
this chapter or a valid moped operator's license issued under this article,
except that a person whose driver's license has been suspended for a period of
six months or less is not required to obtain a moped operator's license or
possess a valid driver's license during the period of suspension. From January
1, 1987, to December 31, 1987, the Department shall not issue a moped operator's
license to any person who is less than thirteen years of age. After December 31,
1987, the Department shall not issue a moped operator's license to any person
who is less than fourteen years of age.
Any person who violates the provisions of this section is guilty of a
misdemeanor and, upon conviction of a first offense, must be fined not less than
twenty-five dollars nor more than fifty dollars and, upon conviction of a second
or subsequent offense, must be fined not less than fifty dollars nor more than
one hundred dollars.
The Department may not issue a beginner's permit or special restricted license
as provided for in Sections 56-1-50 and 56-1-180 to any person convicted of a
second or subsequent violation of operating a moped on the public highways and
roads of this State while under age, until that person is at least fifteen and
one-half years of age.
Section 56-1-1730. A person is eligible for a moped operator's license without
regard to his eligibility for or the status of any other driver's license or
permit. The Department may suspend, revoke, or cancel a moped operator's license
only for violations committed while operating a moped. A moped operator's
license may be suspended, revoked, or cancelled in the same manner and upon the
same grounds for which any other motor vehicle operator's license or permit may
be suspended, revoked, or cancelled.
Section 56-1-1740. The Department shall examine every applicant for a moped
operator's license. The examination shall include a test of the applicant's
eyesight and, as pertains to the operation of a moped, a test of his ability to
read and understand highway signs regulating, warning, and directing traffic and
his knowledge of the traffic laws of this State. The Department may require
further physical and mental examination as it considers necessary to determine
the applicant's fitness to operate a moped upon the highways, the further
examination to be at the applicant's expense. The Department shall make
provisions for giving an examination in the county where the applicant resides.
The Department shall charge a fee of two dollars for each complete examination
or reexamination required in this article.
The expiration and renewal of moped operator's licenses must be in accordance
with Sections 56-1-210, 56-1-220, and 56-1-225.
Section 56-1-1750. The Department shall upon the payment of a fee of four
dollars issue a moped operator's license to every applicant qualifying for it.
The license shall bear a distinguishing number assigned to the licensee, the full
name, date of birth, residence address, and a brief description and laminated
colored photograph of the licensee and either a facsimile of the signature of the
licensee or a space upon which the licensee shall write his usual signature with
pen and ink immediately upon receipt of the license. No license is valid until
it has been so signed by the licensee. The license shall only authorize the
licensee to operate a moped.
A photograph of the licensee is not required in accordance with Section
56-1-150.
Section 56-1-1760. Every licensee shall have his license in his immediate
possession at all times when operating a moped and shall display it upon demand
of any officer or agent of the Department or any police officer of the State.
Section 56-1-1770. Application for a moped operator's license must be in
accordance with the procedures and requirements of Article 1, Chapter 1 of Title
56.
Section 56-1-1780. The provisions of Section 56-1-100 and 56-1-230 apply to
persons with moped operator's licenses."
Definitions
SECTION 2. Items (7) and (8) of Section 56-1-10 of the 1976 Code are amended
to read:
"(7) 'Motor vehicle': Every vehicle which is self-propelled, except
moped as defined in Article 9 of this chapter, and every vehicle which is
propelled by electric power obtained from overhead trolley wires but not operated
upon rails.
(8) 'Motorcycle': Every motor vehicle having a seat or saddle for the use of
the rider and designed to travel on not more than three wheels in contact with
the ground, but excluding a tractor and moped. Such term shall include a motor
scooter or light motor-driven cycle of five brake horsepower or less."
Definitions
SECTION 3. Items (2) and (4) of Section 56-3-20 of the 1976 Code are amended
to read:
"(2) 'Motor vehicle': Every vehicle which is self-propelled, except
mopeds, and every vehicle which is propelled by electric power obtained from
overhead trolley wires, but not operated upon rails;
(4) 'Motor-driven cycle': Every motorcycle, including every motor scooter,
with a motor which produces not to exceed five horsepower;".
Definition
SECTION 4. Section 56-3-20 of the 1976 Code, as last amended by Act 118 of
1984, is further amended by adding an appropriately numbered item to read:
"( ) 'Moped': Every cycle with pedals to permit propulsion by human
power and with a motor of not more than fifty cubic centimeters which produces
not to exceed one and one-half brake horsepower and which is not capable of
propelling the vehicle at a speed in excess of twenty-five miles per hour on
level ground. If an internal combustion engine is used, the moped shall have a
power drive system that functions directly or automatically without clutching or
shifting by the operator after the drive system is engaged."
Provisions governed
SECTION 5. Article 1, Chapter 5 of Title 56 of the 1976 Code is amended by
adding:
"Section 56-5-50. With the exception of Articles 35 and 37 and Sections
56-5-3660 and 56-5-3670, the provisions of this chapter govern the operation of
mopeds on the public highways and streets of this State."
Definition
SECTION 6. Section 56-5-130 of the 1976 Code is amended to read:
"Section 56-5-130. Every vehicle which is self-propelled, except mopeds,
and every vehicle which is propelled by electric power obtained from overhead
trolley wires, but not operated upon rails, is a 'motor vehicle'."
Definition
SECTION 7. Section 56-5-150 of the 1976 Code is amended to read:
"Section 56-5-150. Every motorcycle, including every motor scooter, with
a motor which produces not to exceed five horsepower is a 'motor-driven
cycle'."
Definition
SECTION 8. Section 56-5-160 of the 1976 Code is amended to read:
"Section 56-5-160. Every device propelled by human power upon which any
person may ride, having two tandem wheels, is a 'bicycle'."
Definition of "moped"
SECTION 9. Subdivision 1, Article 3, Chapter 5 of Title 56 of the 1976 Code is
amended by adding:
"Section 56-5-165. Notwithstanding the provisions of Section 56-5-160,
every cycle with pedals to permit propulsion by human power and with a motor of
not more than fifty cubic centimeters which produces not to exceed one and
one-half brake horsepower and which is not capable of propelling the vehicle at
a speed in excess of twenty-five miles per hour on level ground is a moped. If
an internal combustion engine is used, the moped shall have a power drive system
that functions directly or automatically without clutching or shifting by the
operator after the drive system is engaged."
Speed limit
SECTION 10. Article 11, Chapter 5 of Title 56 of the 1976 Code is amended by
adding:
"Section 56-5-1555. No person may operate any moped at a speed in excess
of twenty-five miles an hour."
Moped regulation
SECTION 11. Chapter 5 of Title 56 of the 1976 Code is amended by adding:
"Article 30
Moped Regulation
Section 56-5-3710. No person may ride upon a moped other than upon or astride
a permanent and regular seat attached to the moped. No moped may be used to
carry more persons at one time than the number for which it is designed and
equipped.
Section 56-5-3720. It is unlawful for any person to sell a moped for use on
the public highways and streets of this State or operate a moped upon the public
highways and streets of this State without operable pedals, at least one rearview
mirror, operable running lights, and brake lights which are operable when either
brake is deployed.
Section 56-5-3730. The operator of a moped must have the operating lights
turned on at all times while the moped is in operation on the public highways and
streets of this State.
Section 56-5-3740. It is unlawful for any person to modify or change the
equipment of a moped so that the vehicle exceeds one and one-half brake
horsepower and produces speeds in excess of twenty-five miles an hour on level
ground.
Section 56-5-3750. Any person who sells, solicits, or advertises the sale of
mopeds shall clearly and conspicuously label each moped with its specifications
including, but not limited to, the brake horsepower of the motor and the maximum
speed of the vehicle on level ground. Any seller of mopeds who fails to label
a moped or who knowingly labels a motorcycle or motor-driven cycle as a moped is
guilty of a misdemeanor and, upon conviction, must be fined not more than two
hundred dollars or imprisoned for no more than thirty days. Each vehicle which
is incorrectly labeled and each moped which is not labeled is a separate
violation of this section.
Section 56-5-3760. The Department shall design a sign which contains a brief
explanation of the provisions of law governing the operation of mopeds. Persons
selling mopeds shall post the sign in a conspicuous place in their place of
business."
Definition
SECTION 12. Item (6) of Section 56-9-20 of the 1976 Code is amended to read:
"(6) 'Motor vehicle': Every self-propelled vehicle which is designed for
use upon a highway, including trailers and semitrailers designed for use with
such vehicles but excepting traction engines, road rollers, farm tractors,
tractor cranes, power shovels, mopeds, and well drillers, and every vehicle which
is propelled by electric power obtained from overhead wires but not operated upon
rails;".
Definition
SECTION 13. Item (2) of Section 56-19-10 of the 1976 Code is amended to read:
"(2) 'Bicycle': Every device propelled by human power upon which any
person may ride, having two tandem wheels."
Definition
SECTION 14. Item (17) of Section 56-19-10 of the 1976 Code is amended to read:
"(17) 'Motor vehicle': Every vehicle which is self-propelled, except
mopeds, and every vehicle which is propelled by electric power obtained from
overhead trolley wires, but not operated upon rails."
Definition
SECTION 15. Item (19) of Section 56-19-10 of the 1976 Code is amended to read:
"(19) 'Motor-driven cycle': Every motorcycle, including every motor
scooter with a motor which produces not to exceed five horsepower."
Definition
SECTION 16. Section 56-19-10 of the 1976 Code, as last amended by Act 118 of
1983, is further amended by adding an appropriately numbered item to read:
"( ) Notwithstanding item (2) of this section, every cycle with pedals
to permit propulsion by human power and with a motor of not more than fifty cubic
centimeters which produces not to exceed one and one-half brake horsepower and
which is not capable of propelling the vehicle at a speed in excess of
twenty-five miles per hour on level ground is a moped. If an internal combustion
engine is used, the moped shall have a power drive system that functions directly
or automatically without clutching or shifting by the operator after the drive
system is engaged."
Repeal
SECTION 17. Section 56-5-3510 of the 1976 Code is repealed.
Moped Operator's license
SECTION 18. Notwithstanding Section 56-1-1720 of the 1976 Code, no person is
required to possess a moped operator's license or a driver's license before June
30, 1987, except in accordance with the following schedule:
Licensee's Birthdate License Required
1. January 1. January 30, 1987
February
2. March 2. February 28, 1987
April
3. May 3. March 30, 1987
June
4. July 4. April 30, 1987
August
5. September 5. May 31, 1987
October
6. November 6. June 30, 1987.
December
Time effective
SECTION 19. This act shall take effect January 1, 1987. |