Indicates Matter Stricken

Indicates New Matter

 

Committee Amendment Adopted and Amended

April 16, 2026

 

S. 222

 

Introduced by Senators Ott and Stubbs

 

S. Printed 4/16/26--S.

Read the first time January 15, 2025

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 56-2-140 SO AS TO DEFINE THE TERM "UTILITY TERRAIN VEHICLE" AND PROVIDE FOR THE REGISTRATION AND OPERATION OF THEM ON THE HIGHWAYS AND STREETS OF THE STATE; BY AMENDING SECTION 56-1-10, RELATING TO DEFINITIONS, SO AS TO REVISE THE DEFINITION OF THE TERM "OFF-ROAD USE ONLY"; and BY AMENDING SECTION 38-77-30, RELATING TO DEFINITIONS, so as to REVISE THE DEFINITION OF THE TERM "INDIVIDUAL PRIVATE PASSENGER AUTOMOBILE" TO INCLUDE CERTAIN UTILITY TERRAIN VEHICLES.

    Amend Title To Conform

 

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

 

SECTION 1.  Chapter 2, Title 56 of the S.C. Code is amended by adding:

 

Article 5

 

Utility Terrain Vehicles

 

    Section 56-2-5000. For the purposes of this article, a "Utility Terrain Vehicle (UTV)" means a side-by-side, four-wheel drive, off-road vehicle intended to transport individuals, cargo, or both with a top speed over thirty-five miles per hour; a motor vehicle of at least four hundred and fifty cubic centimeters; eighty inches or less in overall width; designed to travel on four or more wheels, two or four tracks, or combinations of four or more tracks and wheels; using a steering wheel for steering control; with a nonstraddle seat; and with a Gross Vehicle Weight Rating of no more than four thousand pounds.

 

    Section 56-2-5010. A person operating a UTV on a public highway must be at least seventeen years of age, hold a valid driver's license that permits the operation of a motor vehicle at any time, and have in his possession:

    (1) the license plate and registration certificate;

    (2) proof of liability insurance in conformance with Section 38-77-140; and

    (3) his driver's license.

 

    Section 56-2-5020. (A) A person who holds a beginner's permit pursuant to Section 56-1-50 or solely a moped operator's license pursuant to Section 56-1-1720 may not operate a UTV on a public highway, even if a licensed driver accompanies the beginner's permit holder in the UTV pursuant to Section 56-1-50(B)(1).

    (B) A person who holds a temporary alcohol license, route restricted driver's license, provisional driver's license, or solely a motorcycle license may not operate a UTV on a public highway.

    (C) It is unlawful to operate a UTV on a road if the UTV has a modified exhaust system which causes the operation of the UTV to be louder than its manufactured design.

 

    Section 56-2-5030. A child under eight years old is not permitted to be a passenger in a UTV  that is being operated on a public highway.

 

    Section 56-2-5040. A person under the age of twenty-one operating or riding as a passenger in a UTV being operated on a public highway must wear the protective gear described in Sections 56-5-3660 and 56-5-3670.

 

    Section 56-2-5050. A person operating or riding as a passenger in a UTV being operated on a public highway must wear a fastened safety belt that complies with the provisions of Section 56-2-5060. An operator or passenger who violates this subsection must be fined pursuant to Section 56-5-6540.

 

    Section 56-2-5060. A registered UTV must be equipped with:

    (1) a Type 2 seat belt assembly conforming to 49 C.F.R. 571.209 installed at each designated seating position; and

    (2) operable headlights, brake lights, taillights, and turn signals.

 

    Section 56-2-5070. (A) UTVs are exempt from the provisions of Sections 56-3-627.

    (B) A registered UTV is subject to road-use fees for vehicles powered by electric, hydrogen, and fuels other than motor fuel pursuant to Section 56-3-645.

    (C) UTVs are subject to sales tax pursuant to Title 12, Chapter 36.

    (D) The owner of a UTV is exempt from the payment of property taxes in the county in which the UTV is registered.

 

    Section 56-2-5080. (A) A person may not operate a UTV on any interstate highway.

    (B) The Department of Transportation may prohibit the operation of UTVs on any highway if it determines that the prohibition is necessary in the interest of safety.

 

    Section 56-2-5090. (A) The Department of Motor Vehicles shall not register or renew the registration of a UTV unless a certificate of title has been issued by the department to the owner or an application has been delivered by the owner to the department. The fee for a certificate of title is contained in Section 56-19-420. The department may require a bill of sale, invoice, or other sales document to properly title a UTV under this section. Certificates of title issued under this section must carry the brand "off-road use only" to designate that the UTV's Manufacturer Certificate of Origin or equivalent document of origin stipulates that a UTV is not manufactured for use on a public highway.

    (B) To operate a UTV on a public highway, a person must:

       (1) present proof of ownership, proof of liability insurance, and pay a ten-dollar biennial fee;

       (2) register his UTV in the same fashion as a passenger vehicle pursuant to this title, unless otherwise provided in this article; and

       (3) obtain a license plate that must be affixed to the rear of the UTV in an unobscured manner.

    (C) The owner of a UTV is responsible for renewing his registration, which is only required for use of the UTV on a public highway, biennially directly with the Department of Motor Vehicles.

    (D) The biennial fee shall be allocated as follows:

       (1) Two dollars of each biennial fee must be placed by the Comptroller General in a special restricted account to be used solely by the department for the costs associated with the production and issuance of new license plates pursuant to Section 56-3-1230.

       (2) Four dollars of the biennial registration fee must be placed in the State Highway Fund as established by Section 57-11-20 to be distributed by the Comptroller General.

       (3) Four dollars of the biennial registration fee must be placed in the account of the South Carolina Transportation Infrastructure Bank.

 

    Section 56-2-5100. (A) A municipality or a county within its unincorporated portions may, by ordinance:

       (1) stipulate the hours, methods, and locations of UTV operations, provided that UTVs may only be operated on a highway where the speed limit is fifty-five miles per hour or less; and

       (2) permit the operation of UTVs at night, provided that UTVs may only be operated on a highway where the speed limit is fifty-five miles per hour or less.

    (B) A municipality or a county within its unincorporated portions may not impose any tax or fee for the operation of a UTV on a public highway.

    (C) A municipality or a county within its unincorporated portions may not require proof of property ownership or proof of long-term rental agreement as a requirement in which to receive a decal to operate a UTV within its limits.

 

    Section 56-2-5110. In the absence of an ordinance enacted pursuant to Section 56-2-5100, a registered UTV may:

    (1) be operated only on a secondary highway where the speed limit is fifty-five miles per hour or less;

    (2) be operated only within ten miles of the address on the registration, or only within ten miles of a point of ingress and egress of a gated community if the address is within a gated community; and

    (3) cross a highway at an intersection where the speed limit is more than fifty-five miles per hour.

 

    Section 56-2-5130. (A) A UTV dealer or employee of a UTV dealership shall not be held liable for damages for personal injury, death, or property damage resulting from UTV use on public roads if that UTV is not designed to be operated on public roads.

    (B) A company that manufactures UTVs not intended for public road use shall not be held liable for damages for personal injury, death, or property damage resulting from UTV use on public roads unless it is determined that a defect existed at the time the product left the company's possession or control that caused the damages.

 

SECTION 2.  Section 56-1-10(37) of the S.C. Code is amended to read:

 

    (37) "Off Road Use Only" means a brand added to a vehicle's title by the department to designate a vehicle's Manufacturer Certificate of Origin or equivalent document of origin designating a vehicle is not manufactured for use on public roads.  The department shall not register and license the vehicle pursuant to Section 56-3-350, unless otherwise specified in Article 5, Chapter 2, Title 56.  Vehicles brought into this State from a foreign jurisdiction without a title that clearly says "Off Road Use Only", or its equivalent, which do not meet Federal Motor Vehicle Safety Standards may be subject to this brand at the department's discretion.

 

SECTION 3.  Section 38-77-30(5.5)(a) of the S.C. Code is amended to read:

 

    (5.5)(a) "Individual private passenger automobile" means the following types of motor vehicles owned by or leased under a long-term contract by an individual or individuals:

           (i) motor vehicles of the private passenger type or station wagon type;

           (ii) panel trucks, delivery sedans, vehicles with a pickup body, vans, or similar motor vehicles designed for use on streets and highways and so licensed;

           (iii) motor homes, so long as the motor vehicles described in (ii) and (iii) are not used in the occupation, profession, or business of the insured other than farming and ranching;  and

           (iv) motorcycles.; and

           (v) utility terrain vehicles (UTVs) , as defined in Section 56-2-5000, but only if registered for road use pursuant to Article 5, Chapter 2, Title 56.

 

SECTION 4.  This act takes effect upon approval by the Governor.

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