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Bill 4359

                    Current Status

Bill Number:                      4359
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010904
Primary Sponsor:                  J. Brown
All Sponsors:                     J. Brown
Drafted Document Number:          l:\council\bills\skb\18663som01.doc
Residing Body:                    House
Current Committee:                Education and Public Works Committee 21 
                                  HEPW
Subject:                          Trucks, to prohibit the transport of 
                                  persons under the age of eighteen in the open 
                                  bed or cargo area of


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010904  Introduced, read first time,           21 HEPW
                  referred to Committee


              Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3900 SO AS TO PROHIBIT THE TRANSPORT OF A PERSON UNDER EIGHTEEN YEARS OF AGE IN THE OPEN BED OR CARGO AREA OF A PICKUP TRUCK OR TRAILER UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE PENALTIES.

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

SECTION    1.    The 1976 Code is amended by adding:

    "Section 56-5-3900.    (A)    It is unlawful to transport a person under eighteen years of age in the open bed or open cargo area of a pickup truck or trailer. An open bed or open cargo area is a bed or cargo area without permanent overhead restraining construction.

    (B)    Subsection (A) does not apply when:

        (1)    an adult is present in the bed or cargo area of the vehicle and is supervising the child;

        (2)    the child is secured or restrained by a seat belt manufactured in compliance with Federal Motor Vehicle Safety Standard No. 208, installed to support a load of not less than five thousand pounds for each belt, and of a type approved by the Department of Public Safety;

        (3)    an emergency situation exists;

        (4)    the vehicle is being operated in an organized hayride or parade pursuant to a valid permit;

        (5)    the vehicle is being operated in an agricultural enterprise; or

        (6)    the vehicle is being operated in a county which has no incorporated area with a population greater than three thousand five hundred.

    (C)    A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined twenty-five dollars.

    (D)    No driver's license points or insurance surcharge may be assessed for a violation of this section."

SECTION    2.    This act takes effect upon approval by the Governor.

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