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Sponsors: Senators Grooms, Campsen, Verdin and Bryant
Document Path: l:\s-res\lkg\006atv..dag.doc
Companion/Similar bill(s): 348, 797, 3622
Introduced in the Senate on May 31, 2007
Currently residing in the Senate Committee on Transportation
Summary: All-Terrain Vehicle Safety Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 5/31/2007 Senate Introduced, read first time, placed on calendar without reference SJ-5 6/4/2007 Scrivener's error corrected 6/7/2007 Senate Committed to Committee on Transportation SJ-154
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
May 31, 2007
S. Printed 5/31/07--S. [SEC 6/4/07 3:08 PM]
Read the first time May 31, 2007.
TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 50 TO REQUIRE THAT A RETAILER OF ALL-TERRAIN VEHICLES MUST ATTACH A WARNING TO EACH ALL-TERRAIN VEHICLE SOLD, TO PROVIDE THAT AN OWNER OF AN ALL-TERRAIN VEHICLE MAY NOT KNOWINGLY ALLOW A CHILD UNDER THE AGE OF SIXTEEN TO OPERATE THE ALL-TERRAIN VEHICLE WITHOUT WRITTEN PERMISSION FROM THE CHILD'S PARENT OR LEGAL GUARDIAN, TO PROVIDE THAT ALL-TERRAIN VEHICLES ARE EXEMPT FROM AD VALOREM TAXES BEGINNING WITH CALENDAR YEAR 2007, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND TO AMEND CHAPTER 3, TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10 SO AS TO PROVIDE A PROCEDURE FOR THE TITLING OF ALL-TERRAIN VEHICLES.
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 56-5-6600. For the purposes of this chapter 'all-terrain vehicle' or 'ATV' means a motorized vehicle designed primarily for off-road travel on four low-pressure tires, capable of speeds in excess of twenty miles per hour, having a seat designed to be straddled by the operator and handlebars for steering control and intended by the manufacturer for use by a single operator or an operator and no more than one passenger.
Section 56-5-6610. (A) Effective July 1, 2008, a retailer who sells an all-terrain vehicle must attach a conspicuous warning to each all-terrain vehicle sold. The warning must be substantially similar to:
'WARNING: EVERY PERSON WHO OPERATES AN ALL-TERRAIN VEHICLE SHOULD COMPLETE AN ALL-TERRAIN VEHICLE SAFETY COURSE APPROVED BY THE ALL-TERRAIN VEHICLE SAFETY INSTITUTE PRIOR TO OPERATION. ALSO, EVERY PERSON SHOULD WEAR A SAFETY HELMET AND EYE PROTECTION WHICH MEETS THE UNITED STATES DEPARTMENT OF TRANSPORTATION STANDARDS FOR MOTORCYCLES WHILE OPERATING AN ALL-TERRAIN VEHICLE. STATE LAW PROVIDES THAT IT IS UNLAWFUL FOR A PERSON WHO OWNS AN ALL-TERRAIN VEHICLE TO KNOWINGLY ALLOW A CHILD UNDER THE AGE OF SIXTEEN TO OPERATE THE ALL-TERRAIN VEHICLE WITHOUT WRITTEN PERMISSION FROM THE CHILD'S PARENT OR LEGAL GUARDIAN.'
(B) Effective July 1, 2008, a retailer who sells an all-terrain vehicle must provide the purchaser with contact information for safety courses approved by the All-Terrain Vehicle Safety Institute and safety equipment approved by the United States Department of Transportation for motorcycles. Also, a retailer must provide the purchaser with a sample permission form required by Section 56-5-6620.
Section 56-5-6620. (A) It is unlawful for a person who owns an all-terrain vehicle to knowingly allow a child under the age of sixteen to operate the all-terrain vehicle without written permission from the child's parent or legal guardian, unless the owner is the child's parent or legal guardian.
(B) A person violating this section, unless otherwise specified, is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars.
(C) A violation of this section is not negligence per se or contributory negligence, and is not admissible as evidence in a civil action.
Section 56-5-6630. All-terrain vehicles are exempt from ad valorem personal property taxes beginning with calendar year 2007."
SECTION 2. Chapter 3, Title 56 of the 1976 Code is amended by adding:
Section 56-3-1420. An owner of an ATV may make application to the Department of Motor Vehicles for a title for the vehicle accompanied by the required fee and upon the appropriate form prescribed and furnished by the department. The application must be accompanied by a manufacturer's certificate of origin or previous title properly assigned to the applicant.
Section 56-3-1425. When a person who is not a licensed ATV dealer receives by purchase, gift, trade, or by another means, a vehicle that was titled in this State, the person who receives the vehicle may make application to the department for a title. The application must be accompanied by the required documents and fee for title. The department shall issue a certificate of title once it has received a properly completed application. An owner of an ATV, before the enactment of this article, who cannot provide proof of ownership, may request an affidavit from the sheriff in the county in which he resides. The affidavit shall state that the sheriff finds the person making application for the title is the legal owner of the ATV. Before issuing the affidavit, the sheriff must verify through the National Crime Information Center that the ATV is not stolen. The department shall issue a title application to the owner upon presentation of the affidavit, application, and fee.
Section 56-3-1430. The title fee for an ATV is contained in Section 56-19-420(A). For purposes of this article, an all-terrain vehicle (ATV) is defined as provided in Section 50-26-20."
SECTION 3. Except as otherwise provided, this act takes effect July 1, 2007.
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