H*3628(Rat #0157, Act #0094 of 1991)  General Bill, By D.M. Beasley
 A Bill to amend Sections 56-1-1710, 56-5-165, 56-5-3720, 56-5-3740, and
 56-19-10, Code of Laws of South Carolina, 1976, relating to the definition and
 operation of mopeds, so as to provide for "moped" to include cycles without
 pedals, increase the maximum motor capacity from one and one-half to two brake
 horsepower, and increase the maximum speed capability from twenty-five to
 thirty miles an hour; to amend Section 56-5-1555, relating to speed
 limitations of mopeds, so as to provide penalties; to amend Section 56-5-50,
 relating to the application of the Code provisions regulating traffic on
 highways to the operation of mopeds, so as to provide that the provisions of
 Chapter 5 of Title 56 govern the operation of mopeds; and to amend Section
 56-5-3750, relating to labeling requirements for mopeds, so as to provide for
 the attachment of a metal tag to the vehicle identifying it as a moped and
 provide penalties for violations.-amended title

   02/28/91  House  Introduced and read first time HJ-7
   02/28/91  House  Referred to Committee on Education and Public
                     Works HJ-7
   04/10/91  House  Committee report: Favorable Education and Public
                     Works HJ-9
   04/16/91  House  Debate adjourned until Wednesday, April 17, 1991 HJ-18
   04/17/91  House  Objection by Rep. McElveen & Hodges HJ-43
   04/17/91  House  Read second time HJ-43
   04/18/91  House  Objection by Rep. Rogers, Kirsh, J. Brown & Scott HJ-13
   04/24/91  House  Read third time and sent to Senate HJ-34
   04/25/91  Senate Introduced, read first time, placed on calendar
                     without reference SJ-25
   05/01/91  Senate Read second time SJ-12
   05/15/91  Senate Read third time and enrolled SJ-14
   05/21/91         Ratified R 157
   05/27/91         Signed By Governor
   05/27/91         Effective date 05/27/91
   05/27/91         Act No. 94
   06/05/91         Copies available

AN ACT TO AMEND SECTIONS 56-1-1710, 56-5-165, 56-5-3720, 56-5-3740, AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION AND OPERATION OF MOPEDS, SO AS TO PROVIDE FOR "MOPED" TO INCLUDE CYCLES WITHOUT PEDALS, INCREASE THE MAXIMUM MOTOR CAPACITY FROM ONE AND ONE-HALF TO TWO BRAKE HORSEPOWER, AND INCREASE THE MAXIMUM SPEED CAPABILITY FROM TWENTY-FIVE TO THIRTY MILES AN HOUR; TO AMEND SECTION 56-5-1555, RELATING TO SPEED LIMITATIONS OF MOPEDS, SO AS TO PROVIDE PENALTIES; TO AMEND SECTION 56-5-50, RELATING TO THE APPLICATION OF THE CODE PROVISIONS REGULATING TRAFFIC ON HIGHWAYS TO THE OPERATION OF MOPEDS, SO AS TO PROVIDE THAT THE PROVISIONS OF CHAPTER 5 OF TITLE 56 GOVERN THE OPERATION OF MOPEDS; AND TO AMEND SECTION 56-5-3750, RELATING TO LABELING REQUIREMENTS FOR MOPEDS, SO AS TO PROVIDE FOR THE ATTACHMENT OF A METAL TAG TO THE VEHICLE IDENTIFYING IT AS A MOPED AND PROVIDE PENALTIES FOR VIOLATIONS.

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

Definition of "moped" changed

SECTION 1. Section 56-1-1710 of the 1976 Code is amended to read:

"Section 56-1-1710. For purposes of this article, `moped' means a cycle with pedals to permit propulsion by human power or without pedals and with a motor of not more than fifty cubic centimeters which produces not to exceed two brake horsepower and which is not capable of propelling the vehicle at a speed in excess of thirty miles an hour on level ground. If an internal combustion engine is used, the moped must have a power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged."

Exceptions to moped operation

SECTION 2. Section 56-5-50 of the 1976 Code is amended to read:

"Section 56-5-50. With the exception of Articles 35 and 37, the provisions of Chapter 5 of Title 56 govern the operation of mopeds on the public highways and streets of this State."

Definition of moped for traffic regulation

SECTION 3. Section 56-5-165 of the 1976 Code is amended to read:

"Section 56-5-165. Notwithstanding the provisions of Section 56-5-160, every cycle with pedals to permit propulsion by human power or without pedals and with a motor of not more than fifty cubic centimeters which produces not to exceed two brake horsepower and which is not capable of propelling the vehicle at a speed in excess of thirty miles an hour on level ground is a moped. If an internal combustion engine is used, the moped must 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 on mopeds

SECTION 4. Section 56-5-1555 of the 1976 Code is amended to read:

"Section 56-5-1555. No person may operate a moped at a speed in excess of twenty-five miles an hour. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days."

Required moped equipment

SECTION 5. Section 56-5-3720 of the 1976 Code is amended to read:

"Section 56-5-3720. It is unlawful for a 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 if the moped is equipped with pedals, at least one rearview mirror, operable running lights, and brake lights which are operable when either brake is deployed. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days."

Prohibition on modifying moped equipment

SECTION 6. Section 56-5-3740 of the 1976 Code is amended to read:

"Section 56-5-3740. It is unlawful for a person to modify or change the equipment of a moped so that the vehicle exceeds two brake horsepower and produces speeds in excess of thirty miles an hour on level ground. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days."

Labeling requirements for mopeds

SECTION 7. Section 56-5-3750 of the 1976 Code is amended to read:

"Section 56-5-3750. (A) A person who sells, solicits, or advertises the sale of mopeds clearly and conspicuously shall 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. The seller also shall attach a metal identification plate to each moped without pedals identifying the vehicle as a moped. This plate must be designed by the Department of Highways and Public Transportation and must display information the department considers necessary for enforcement purposes. The plate must be displayed permanently on each moped without pedals and must not be removed. A seller of mopeds who fails to label a moped, fails to attach a metal identification plate to a moped without pedals, knowingly labels a motorcycle or motor-driven cycle as a moped, or attaches a metal identification plate to a motorcycle or motor-driven cycle identifying the vehicle as a moped is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days.

(B) It is unlawful for a person to operate a moped without pedals upon the public highways and streets of this State without displaying the metal identification plate which must be attached to the vehicle. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.

(C) Each vehicle which is incorrectly labeled or plated and each moped which is not labeled or plated is a separate violation of this section."

Definition of moped for protection of title

SECTION 8. Section 56-19-10(44) of the 1976 Code is amended to read:

"(44) Notwithstanding item (2), every cycle with pedals to permit propulsion by human power or without pedals and with a motor of not more than fifty cubic centimeters which produces not to exceed two brake horsepower and which is not capable of propelling the vehicle at a speed in excess of thirty miles an hour on level ground is a moped. If an internal combustion engine is used, the moped must have a power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged."

Time effective

SECTION 9. This act takes effect upon approval by the Governor.

In the Senate House May 21, 1991.

Nick A. Theodore,

President of the Senate

Robert J. Sheheen,

Speaker of the House of

Representatives

Approved the 27th day of May, 1991.

Carroll A. Campbell, Jr.,

Governor

Printer's Date -- December 10, 1997 -- S.