Current Status Bill Number:
962Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19960109Primary Sponsor: GieseAll Sponsors: Giese, Hayes, BryanDrafted Document Number: PFM\7702AC.96Companion Bill Number: 4366Residing Body: HouseCurrent Committee: Education and Public Works Committee 21 HEPWDate of Last Amendment: 19960529Subject: Child Bicycle Safety Act
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19960530 Introduced, read first time, 21 HEPW referred to Committee Senate 19960529 Amended, read third time, sent to House Senate 19960430 Read second time, notice of general amendments Senate 19960321 Committee report: Favorable with 15 ST amendment Senate 19960109 Introduced, read first time, 15 ST referred to Committee Senate 19951204 Prefiled, referred to Committee 15 STView additional legislative information at the LPITS web site.
AS PASSED BY THE SENATE
May 29, 1996
S. Printed 5/29/96--S.
Read the first time January 9, 1996.
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.
Amend Title To Conform
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:
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, it is unlawful for a parent or legal guardian of a child below the age of sixteen knowingly to allow the child to:
(1) operate or be a passenger on a bicycle unless a protective bicycle helmet of good fit is fastened securely upon the child's head with straps of the helmet;
(2) be a passenger on a bicycle unless:
(a) the child is able to maintain an erect, seated position on the bicycle;
(b) except as provided in subitem (c), the child is properly seated alone on a saddle seat, as on a tandem bicycle; and
(c) with respect to a child who weighs fewer than forty pounds or is less than forty inches in height, the child can be and is properly seated in and adequately secured to a restraining seat or a trailer towed by the bicycle.
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. A violation of this article does not constitute negligence per se and is not admissible as evidence in a civil action for purposes of comparative negligence or for any other purpose.
Section 56-5-3575. The Department of Public Safety shall promulgate regulations necessary to carry out 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.