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A317, R367, H3006
Sponsors: Reps. J.E. Smith, G.R. Smith, Talley, Gullick, Herbkersman, Brady, Mulvaney, Scarborough, Pinson, Shoopman, Hagood, Agnew, Stewart, Bedingfield, McLeod, Funderburk, Perry, Bales, Toole, Stavrinakis, Harrison, Vick, Ceips, Whipper and Bowen
Document Path: l:\council\bills\nbd\11092ac07.doc
Companion/Similar bill(s): 354
Introduced in the House on January 9, 2007
Introduced in the Senate on January 10, 2008
Last Amended on May 28, 2008
Passed by the General Assembly on May 29, 2008
Governor's Action: June 10, 2008, Signed
Summary: Bicycle Road provisions
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/13/2006 House Prefiled 12/13/2006 House Referred to Committee on Education and Public Works 1/9/2007 House Introduced and read first time HJ-19 1/9/2007 House Referred to Committee on Education and Public Works HJ-19 1/17/2007 House Member(s) request name added as sponsor: Talley, Gullick 1/18/2007 House Member(s) request name added as sponsor: Herbkersman 1/24/2007 House Member(s) request name added as sponsor: Brady, Mulvaney 1/25/2007 House Member(s) request name added as sponsor: Scarborough 1/31/2007 House Member(s) request name added as sponsor: Pinson 2/1/2007 House Member(s) request name added as sponsor: Shoopman 2/7/2007 House Member(s) request name added as sponsor: Hagood 2/8/2007 House Member(s) request name added as sponsor: Agnew 2/14/2007 House Member(s) request name added as sponsor: Stewart, Bedingfield 3/7/2007 House Member(s) request name added as sponsor: McLeod 3/13/2007 House Member(s) request name added as sponsor: Funderburk 3/28/2007 House Member(s) request name added as sponsor: Perry, Bales 4/11/2007 House Member(s) request name added as sponsor: Toole 4/25/2007 House Member(s) request name added as sponsor: Stavrinakis, Harrison 5/8/2007 House Member(s) request name added as sponsor: Vick 5/17/2007 House Member(s) request name added as sponsor: Ceips 6/5/2007 House Committee report: Favorable with amendment Education and Public Works HJ-15 6/6/2007 House Member(s) request name added as sponsor: Whipper 6/6/2007 Scrivener's error corrected 6/7/2007 House Requests for debate-Rep(s). Cooper, Loftis, Crawford, Kirsh, R Brown, Kennedy Miller, Umphlett, Cato, GR Smith, JR Smith, Bedingfield, Perry, Viers, Cotty, Whitmire, and Chalk HJ-14 1/8/2008 House Debate adjourned until Wednesday, January 9, 2008 HJ-86 1/9/2008 House Member(s) request name added as sponsor: Bowen 1/9/2008 House Amended HJ-39 1/9/2008 House Read second time HJ-47 1/9/2008 House Roll call Yeas-105 Nays-0 HJ-47 1/10/2008 House Read third time and sent to Senate HJ-363 1/10/2008 Senate Introduced and read first time SJ-5 1/10/2008 Senate Referred to Committee on Transportation SJ-5 4/24/2008 Senate Committee report: Favorable with amendment Transportation SJ-19 5/15/2008 Senate Committee Amendment Amended and Adopted SJ-91 5/15/2008 Senate Read second time SJ-91 5/15/2008 Senate Unanimous consent for third reading on next legislative day SJ-91 5/16/2008 Senate Read third time and returned to House with amendments SJ-3 5/27/2008 House Debate adjourned on Senate amendments until Wednesday, May 28, 2008 HJ-37 5/28/2008 House Senate amendment amended HJ-185 5/28/2008 House Returned to Senate with amendments HJ-187 5/29/2008 Senate Concurred in House amendment and enrolled SJ-176 6/5/2008 Ratified R 367 6/10/2008 Signed By Governor 6/23/2008 Copies available 6/23/2008 Effective date 06/10/08 7/11/2008 Act No. 317
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
(A317, R367, H3006)
AN ACT TO AMEND SECTIONS 56-5-160 AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE DEFINITION OF THE TERM "BICYCLE", SO AS TO CLARIFY THE DEFINITION AND TO EXCLUDE CHILDRENS' TRICYCLES; TO AMEND ARTICLE 27, CHAPTER 5, TITLE 56, RELATING TO BICYCLISTS AND USERS OF PLAY VEHICLES, SO AS TO DEFINE "BICYCLE LANE" AND PROVIDE, AMONG OTHER THINGS, THAT MOTOR VEHICLES MAY NOT BLOCK BICYCLE LANES AND MUST YIELD TO BICYCLISTS IN SUCH LANES, TO PROVIDE THAT BICYCLISTS MAY, BUT ARE NOT REQUIRED TO RIDE ON THE SHOULDER OF A ROADWAY, TO DELETE THE PROVISION REQUIRING A BICYCLIST TO USE A BIKE PATH WHEN PROVIDED, RATHER THAN THE ROADWAY, TO REQUIRE A MOTORIST TO MAINTAIN A SAFE DISTANCE BETWEEN THE MOTOR VEHICLE AND A BICYCLE, TO CREATE A MISDEMEANOR OFFENSE FOR HARASSING, TAUNTING, OR MALICIOUSLY THROWING AN OBJECT AT A BICYCLIST, TO DELETE PROVISIONS REQUIRING BICYCLES TO HAVE A BELL OR OTHER AUDIBLE DEVICE, TO SPECIFY THE FORM AND EXTENT OF ARM SIGNALS THAT BICYCLISTS MUST USE, TO PROVIDE A FINE FOR FAILING TO HAVE A BRAKE ON A BICYCLE, AND TO PROVIDE CIVIL FINES FOR VIOLATION OF THIS ARTICLE, INCLUDING FINES WHEN A PERSON DRIVING A MOTOR VEHICLE CAUSES AN INJURY TO A BICYCLIST.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 56-5-160 of the 1976 Code is amended to read:
"Section 56-5-160. A bicycle is a device propelled solely by pedals, operated by one or more persons, and having two or more wheels, except childrens' tricycles."
SECTION 2. Section 56-19-10(2) of the 1976 Code is amended to read:
"(2) 'Bicycle' means a device propelled solely by pedals, operated by one or more persons, and having two or more wheels, except childrens' tricycles."
SECTION 3. Article 27, Chapter 5, Title 56 of the 1976 Code is amended to read:
Section 56-5-3410. The provisions of this article are applicable to bicycles whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles, subject to those exceptions stated in this article.
Section 56-5-3420. A person riding a bicycle upon a roadway must be granted all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this chapter, except as to special provisions in this article and except as to those provisions of this chapter which by their nature can have no application.
Section 56-5-3425. (A) For purposes of this section, 'bicycle lane' means a portion of the roadway or a paved lane separated from the roadway that has been designated by striping, pavement markings, and signage for the preferential or exclusive use of bicyclists.
(B) Whenever a bicycle lane has been provided adjacent to a roadway, operators of:
(1) motor vehicles may not block the bicycle lane to oncoming bicycle traffic and shall yield to a bicyclist in the bicycle lane before entering or crossing the lane; and
(2) bicycles are required to ride in the bicycle lane except when necessary to pass another person riding a bicycle or to avoid an obstruction in the bicycle lane. However, bicyclists may ride on the roadway when there is only an adjacent recreational bicycle path available instead of a bicycle lane.
Section 56-5-3430. (A) Except as provided in subsection (B), every bicyclist operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable. A bicyclist may, but is not required to, ride on the shoulder of the roadway in order to comply with the requirements of this subsection.
(B) A bicyclist may ride in a lane other than the right-hand lane if only one lane is available that permits the bicyclist to continue on his intended route.
(C) When operating a bicycle upon a roadway, a bicyclist must exercise due care when passing a standing vehicle or one proceeding in the same direction.
(D) Bicyclists riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.
Section 56-5-3435. A driver of a motor vehicle must at all times maintain a safe operating distance between the motor vehicle and a bicycle.
Section 56-5-3440. A bicyclist propelling a bicycle may not ride other than upon or astride a permanent and regular seat attached to the bicycle. No bicycle may be used to carry more persons at one time than the number for which it is designed and equipped.
Section 56-5-3445. It is unlawful to harass, taunt, or maliciously throw an object at or in the direction of any person riding a bicycle. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred fifty dollars or imprisoned not more than thirty days, or both.
Section 56-5-3450. A person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle may not attach it or them or himself to a vehicle upon a roadway.
Section 56-5-3460. A bicyclist operating a bicycle may not carry any package, bundle, or article that prevents the rider from keeping at least one hand upon the handle bars.
Section 56-5-3470. A bicycle when in use at nighttime must be equipped with a lamp on the front which must emit a white light visible from a distance of at least five hundred feet to the front and with a red reflector on the rear that must be visible from all distances from fifty feet to three hundred feet to the rear when directly in front of the lawful upper beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred feet to the rear may be used in addition to the red reflector.
Section 56-5-3480. (A)(1) A bicyclist shall indicate a right turn by extending the left arm upward, by raising the left arm to the square, or by extending the right arm horizontally to the right.
(2) A bicyclist shall indicate a left turn by extending the left arm horizontally.
(3) A bicyclist shall indicate stopping or decreasing speed by extending the left arm or the right arm downward.
(B) A bicyclist is not required to give signals provided for in subsection (A) continuously if the hand or arm is needed to control the bicycle.
(C) A violation of this section is punishable by a fine of twenty-five dollars.
Section 56-5-3490. A bicycle must be equipped with a brake that will enable the bicyclist to make the braked wheels skid on dry, level, clean pavement. A violation of this section is punishable by a fine of twenty-five dollars.
Section 56-5-3500. (A) Except as otherwise provided, in the absence of another violation being cited, a violation of this article by the driver of a motor vehicle is subject to a civil fine of up to one hundred dollars unless a bicyclist is injured as a result of the violation.
(B) In the absence of another violation being cited, a person driving a motor vehicle who violates a provision of this article and the violation is the proximate cause of a:
(1) minor injury to a bicyclist, must be assessed a civil fine of up to five hundred dollars; or
(2) great bodily injury, as defined in Section 56-5-2945, to a bicyclist, must be assessed a civil fine of not more than one thousand dollars.
Section 56-5-3515. (A) An authorized police patrol bicycle used as a part of a police bicycle patrol may exercise the privileges of an emergency vehicle provided in Section 56-5-760.
(B) An authorized police patrol bicycle may be equipped with a siren or the officer may utilize a whistle in the performance of his duties, or both.
(C) Notwithstanding the provisions of Section 56-5-760(C), an authorized police patrol bicycle acting as an emergency vehicle is entitled to the exemptions of an authorized emergency vehicle if it makes use of an audible signal meeting the requirements of Section 56-5-4970 or visual signals meeting the requirements of Section 56-5-4700."
SECTION 4. This act takes effect upon approval by the Governor.
Ratified the 5th day of June, 2008.
Approved the 10th day of June, 2008.
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