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COMMITTEE AMENDMENT AMENDED AND ADOPTED
May 15, 2008
Introduced by 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
S. Printed 5/15/08--S.
Read the first time January 10, 2008.
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 SECTION 56-5-1810, RELATING TO TRAFFIC REGULATIONS REQUIRING ONE TO DRIVE ON THE RIGHT SIDE OF THE ROADWAY, INCLUDING REQUIREMENTS FOR SLOWER MOVING VEHICLES, SO AS TO FURTHER SPECIFY THESE REQUIREMENTS AND TO PROVIDE THAT THE INTENT OF SUCH REQUIREMENTS IS TO FACILITATE THE OVERTAKING OF SLOWLY MOVING VEHICLES BY FASTER MOVING VEHICLES; AND TO AMEND ARTICLE 27, CHAPTER 5, TITLE 56, RELATING TO BICYCLISTS AND USERS OF PLAY VEHICLES, SO AS TO PROVIDE THAT MOTOR VEHICLES MUST NOT BLOCK BICYCLE LANES AND MUST YIELD TO BICYCLISTS IN SUCH LANES, TO PROVIDE THAT BICYCLISTS ARE NOT REQUIRED TO RIDE ON THE SHOULDER OF A ROADWAY AND TO ALSO PROVIDE THAT A BICYCLIST MAY NOT BE PROHIBITED FROM DOING SO, TO DELETE THE PROVISION REQUIRING A BICYCLIST TO USE A BIKE PATH WHEN PROVIDED, RATHER THAN THE ROADWAY, TO REQUIRE A MOTORIST OVERTAKING A BICYCLIST TO ALLOW A MINIMUM OF FIVE FEET BETWEEN THE MOTOR VEHICLE AND THE BICYCLE, TO DELETE PROVISIONS REQUIRING BICYCLES TO HAVE A BELL OR OTHER AUDIBLE DEVICE, AND TO SPECIFY THE FORM AND EXTENT OF ARM SIGNALS THAT BICYCLISTS MAY USE.
Amend Title To Conform
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:
Every A bicycle is a device propelled solely by human power upon which any person may ride, having two tandem wheels, pedals, operated by one or more persons, and having two or more wheels, except children's tricycles is a 'bicycle'."
SECTION 2. Section 56-19-10(2) of the 1976 Code is amended to read:
"(2) 'Bicycle' means
every a device propelled solely by human power upon which a person may ride, having two tandem wheels pedals, operated by one or more persons, and having two or more wheels, except children's tricycles."
SECTION 3. Article 27, Chapter 5, Title 56 of the 1976 Code is amended to read:
These regulations The provisions of this article are applicable to bicycles shall apply 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 herein in this article.
Every A person riding a bicycle upon a roadway shall must be granted all of the rights and shall be is subject to all of the duties applicable to the driver of a vehicle by this chapter, except as to special regulations 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 person 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. exercising due care when passing a standing vehicle or one proceeding in the same direction.
(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.
Persons 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.
Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway.
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
person bicyclist propelling a bicycle shall may not ride other than upon or astride a permanent and regular seat attached thereto to the bicycle. No bicycle shall 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.
No A person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle shall may not attach it or them or himself to any a vehicle upon a roadway.
No person A bicyclist operating a bicycle shall may not carry any package, bundle, or article which that prevents the rider from keeping at least one hand upon the handle bars.
Every A bicycle when in use at nighttime shall must be equipped with a lamp on the front which shall 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 which shall 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)
No person shall operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least one hundred feet, except that a bicycle shall not be equipped with nor shall any person use upon a bicycle any siren or whistle, except as provided in Section 56-5-3515. 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.
Every A bicycle shall must be equipped with a brake which that will enable the operator 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)
It is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this article. Except as otherwise provided, a violation of this article by the driver of a motor vehicle is punishable by a fine of up to one hundred dollars unless a bicyclist is injured as a result of the violation.
(B) A person driving a motor vehicle who violates the provisions of this article, and the violation is the proximate cause of a:
(1) minor injury to a bicyclist must be fined up to five hundred dollars; or
(2) serious injury to a bicyclist, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than thirty days, or both.
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.
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