Download This Version in Microsoft Word format
TO AMEND SECTION 41-18-30(D) OF THE 1976 CODE, RELATING TO THE APPLICABILITY OF AND EXCEPTIONS TO THE SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE, TO DIFFERENTIATE BETWEEN AMUSEMENT-STYLE AND COMPETITION-STYLE CONCESSION GO-KARTS; AND TO DEFINE NECESSARY TERMS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 41-18-30(D) of the 1976 Code is amended to read:
"(D) This chapter applies to amusement-style concession go-karts. This chapter does not apply to super-karts competition-style concession go-karts, provided that:
(1) Only persons age eighteen or above who hold a valid driver's license twelve and above who are at least sixty inches tall are allowed to operate super-karts competition-style concession go-karts.
(2) No person shall operate a super-kart competition-style concession go-kart in any establishment where other permanent amusement devices are located or operated. Establishments offering super-karts competition-style concession go-karts must not share an entrance or exit with any other establishment offering an a permanent amusement device and must charge a separate fee for operating super-karts competition-style concession go-karts.
(3) A sign shall be on display on the premises where super-karts competition-style concession go-karts are operated stating: 'Super-karts Competition-style concession go-karts are not amusement devices regulated by the South Carolina Department of Labor, Licensing and Regulation. Super-karts Competition-style concession go-karts may reach speeds in excess of fifty miles per hour. Drive at your own risk.'
(4) The owner of a super-kart competition-style concession go-kart must carry an insurance policy in an amount not less than one million dollars per occurrence against liability for injury to persons or property arising out of the operation or use of such device."
SECTION 2. Section 41-18-40(15) and (16) of the 1976 Code are amended to read:
"(15)(a) 'Concession go-kart' means an amusement ride or device that:
(i) is a single vehicle, unattached to other vehicles or a common frame system;
(ii) is powered without connection to a common energy source;
(iii) is driver-controlled with respect to acceleration, speed, braking, and steering;
(iv) operates within the containment system of a defined track;
(v) simulates competitive motor sports; and
(vi)(v) is used by members of the general public for a fee.
(b) A concession go-kart has a maximum capacity of two persons and no cargo capacity.
(c) An amusement-style concession go-kart operates within the containment system of a defined track.
(d) A competition-style concession go-kart does not operate within the containment system of a defined track.
(16) 'Super-kart' means an open-wheel motorsport vehicle, with or without gearbox or shifter capability, used for racing in excess of fifty miles per hour. Super-kart does not mean 'concession go-kart' as defined by this section."
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on December 12, 2020 at 12:16 AM