Bill 2314

                    Current Status

Bill Number:               2314
Ratification Number:       617
Act Number:                528
Introducing Body:          House
Subject:                   Regulate the operation of mopeds on the
                           highways and streets

(A528, R617, H2314)

AN ACT TO AMEND CHAPTER 1 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO AS TO REGULATE THE OPERATION OF MOPEDS ON THE HIGHWAYS AND STREETS, TO AMEND SECTIONS 56-3-20, 56-9-20, AND 56-19-10, ALL AS AMENDED, AND SECTIONS 56-1-10, 56-5-130, 56-5-150, AND 56-5-160, RELATING TO DEFINITIONS OF VEHICLES, SO AS TO DEFINE "MOPED" INCLUDE OR EXCLUDE MOPED FROM DEFINITIONS, AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 56-5-50, 56-5-165, AND 56-5-1555 AND ARTICLE 30 TO CHAPTER 5 OF TITLE 56 SO AS TO FURTHER REGULATE MOPED OPERATIONS AND SALES AND TO DEFINE MOPED, AND TO REPEAL SECTION 56-5-3510 RELATING TO BICYCLES WITH HELPER MOTORS.

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

Operation of mopeds

SECTION 1. Chapter 1 of Title 56 of the 1976 Code is amended by adding:

"Article 9

Section 56-1-1710. For purposes of this article, the word 'moped' means a cycle with pedals to permit propulsion by human power and with a motor of not more than fifty cubic centimeters which produces not to exceed one and one-half brake horsepower and which is not capable of propelling the vehicle at a speed in excess of twenty-five miles an hour on level ground. If an internal combustion engine is used, the moped shall have a power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged.

Section 56-1-1720. Until January 1, 1987, no person under the age of twelve may operate a moped on the public highways and streets of this State. After December 31, 1986, to operate a moped on the public highways and streets of this State, a person must possess a valid driver's license issued under Article 1 of this chapter or a valid moped operator's license issued under this article, except that a person whose driver's license has been suspended for a period of six months or less is not required to obtain a moped operator's license or possess a valid driver's license during the period of suspension. From January 1, 1987, to December 31, 1987, the Department shall not issue a moped operator's license to any person who is less than thirteen years of age. After December 31, 1987, the Department shall not issue a moped operator's license to any person who is less than fourteen years of age.

Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction of a first offense, must be fined not less than twenty-five dollars nor more than fifty dollars and, upon conviction of a second or subsequent offense, must be fined not less than fifty dollars nor more than one hundred dollars.

The Department may not issue a beginner's permit or special restricted license as provided for in Sections 56-1-50 and 56-1-180 to any person convicted of a second or subsequent violation of operating a moped on the public highways and roads of this State while under age, until that person is at least fifteen and one-half years of age.

Section 56-1-1730. A person is eligible for a moped operator's license without regard to his eligibility for or the status of any other driver's license or permit. The Department may suspend, revoke, or cancel a moped operator's license only for violations committed while operating a moped. A moped operator's license may be suspended, revoked, or cancelled in the same manner and upon the same grounds for which any other motor vehicle operator's license or permit may be suspended, revoked, or cancelled.

Section 56-1-1740. The Department shall examine every applicant for a moped operator's license. The examination shall include a test of the applicant's eyesight and, as pertains to the operation of a moped, a test of his ability to read and understand highway signs regulating, warning, and directing traffic and his knowledge of the traffic laws of this State. The Department may require further physical and mental examination as it considers necessary to determine the applicant's fitness to operate a moped upon the highways, the further examination to be at the applicant's expense. The Department shall make provisions for giving an examination in the county where the applicant resides. The Department shall charge a fee of two dollars for each complete examination or reexamination required in this article.

The expiration and renewal of moped operator's licenses must be in accordance with Sections 56-1-210, 56-1-220, and 56-1-225.

Section 56-1-1750. The Department shall upon the payment of a fee of four dollars issue a moped operator's license to every applicant qualifying for it. The license shall bear a distinguishing number assigned to the licensee, the full name, date of birth, residence address, and a brief description and laminated colored photograph of the licensee and either a facsimile of the signature of the licensee or a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. No license is valid until it has been so signed by the licensee. The license shall only authorize the licensee to operate a moped.

A photograph of the licensee is not required in accordance with Section 56-1-150.

Section 56-1-1760. Every licensee shall have his license in his immediate possession at all times when operating a moped and shall display it upon demand of any officer or agent of the Department or any police officer of the State.

Section 56-1-1770. Application for a moped operator's license must be in accordance with the procedures and requirements of Article 1, Chapter 1 of Title 56.

Section 56-1-1780. The provisions of Section 56-1-100 and 56-1-230 apply to persons with moped operator's licenses."

Definitions

SECTION 2. Items (7) and (8) of Section 56-1-10 of the 1976 Code are amended to read:

"(7) 'Motor vehicle': Every vehicle which is self-propelled, except moped as defined in Article 9 of this chapter, and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails.

(8) 'Motorcycle': Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor and moped. Such term shall include a motor scooter or light motor-driven cycle of five brake horsepower or less."

Definitions

SECTION 3. Items (2) and (4) of Section 56-3-20 of the 1976 Code are amended to read:

"(2) 'Motor vehicle': Every vehicle which is self-propelled, except mopeds, and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails;

(4) 'Motor-driven cycle': Every motorcycle, including every motor scooter, with a motor which produces not to exceed five horsepower;".

Definition

SECTION 4. Section 56-3-20 of the 1976 Code, as last amended by Act 118 of 1984, is further amended by adding an appropriately numbered item to read:

"( ) 'Moped': Every cycle with pedals to permit propulsion by human power and with a motor of not more than fifty cubic centimeters which produces not to exceed one and one-half brake horsepower and which is not capable of propelling the vehicle at a speed in excess of twenty-five miles per hour on level ground. If an internal combustion engine is used, the moped shall have a power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged."

Provisions governed

SECTION 5. Article 1, Chapter 5 of Title 56 of the 1976 Code is amended by adding:

"Section 56-5-50. With the exception of Articles 35 and 37 and Sections 56-5-3660 and 56-5-3670, the provisions of this chapter govern the operation of mopeds on the public highways and streets of this State."

Definition

SECTION 6. Section 56-5-130 of the 1976 Code is amended to read:

"Section 56-5-130. Every vehicle which is self-propelled, except mopeds, and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, is a 'motor vehicle'."

Definition

SECTION 7. Section 56-5-150 of the 1976 Code is amended to read:

"Section 56-5-150. Every motorcycle, including every motor scooter, with a motor which produces not to exceed five horsepower is a 'motor-driven cycle'."

Definition

SECTION 8. Section 56-5-160 of the 1976 Code is amended to read:

"Section 56-5-160. Every device propelled by human power upon which any person may ride, having two tandem wheels, is a 'bicycle'."

Definition of "moped"

SECTION 9. Subdivision 1, Article 3, Chapter 5 of Title 56 of the 1976 Code is amended by adding:

"Section 56-5-165. Notwithstanding the provisions of Section 56-5-160, every cycle with pedals to permit propulsion by human power and with a motor of not more than fifty cubic centimeters which produces not to exceed one and one-half brake horsepower and which is not capable of propelling the vehicle at a speed in excess of twenty-five miles per hour on level ground is a moped. If an internal combustion engine is used, the moped shall have a power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged."

Speed limit

SECTION 10. Article 11, Chapter 5 of Title 56 of the 1976 Code is amended by adding:

"Section 56-5-1555. No person may operate any moped at a speed in excess of twenty-five miles an hour."

Moped regulation

SECTION 11. Chapter 5 of Title 56 of the 1976 Code is amended by adding:

"Article 30

Moped Regulation

Section 56-5-3710. No person may ride upon a moped other than upon or astride a permanent and regular seat attached to the moped. No moped may be used to carry more persons at one time than the number for which it is designed and equipped.

Section 56-5-3720. It is unlawful for any person to sell a moped for use on the public highways and streets of this State or operate a moped upon the public highways and streets of this State without operable pedals, at least one rearview mirror, operable running lights, and brake lights which are operable when either brake is deployed.

Section 56-5-3730. The operator of a moped must have the operating lights turned on at all times while the moped is in operation on the public highways and streets of this State.

Section 56-5-3740. It is unlawful for any person to modify or change the equipment of a moped so that the vehicle exceeds one and one-half brake horsepower and produces speeds in excess of twenty-five miles an hour on level ground.

Section 56-5-3750. Any person who sells, solicits, or advertises the sale of mopeds shall clearly and conspicuously label each moped with its specifications including, but not limited to, the brake horsepower of the motor and the maximum speed of the vehicle on level ground. Any seller of mopeds who fails to label a moped or who knowingly labels a motorcycle or motor-driven cycle as a moped is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for no more than thirty days. Each vehicle which is incorrectly labeled and each moped which is not labeled is a separate violation of this section.

Section 56-5-3760. The Department shall design a sign which contains a brief explanation of the provisions of law governing the operation of mopeds. Persons selling mopeds shall post the sign in a conspicuous place in their place of business."

Definition

SECTION 12. Item (6) of Section 56-9-20 of the 1976 Code is amended to read:

"(6) 'Motor vehicle': Every self-propelled vehicle which is designed for use upon a highway, including trailers and semitrailers designed for use with such vehicles but excepting traction engines, road rollers, farm tractors, tractor cranes, power shovels, mopeds, and well drillers, and every vehicle which is propelled by electric power obtained from overhead wires but not operated upon rails;".

Definition

SECTION 13. Item (2) of Section 56-19-10 of the 1976 Code is amended to read:

"(2) 'Bicycle': Every device propelled by human power upon which any person may ride, having two tandem wheels."

Definition

SECTION 14. Item (17) of Section 56-19-10 of the 1976 Code is amended to read:

"(17) 'Motor vehicle': Every vehicle which is self-propelled, except mopeds, and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails."

Definition

SECTION 15. Item (19) of Section 56-19-10 of the 1976 Code is amended to read:

"(19) 'Motor-driven cycle': Every motorcycle, including every motor scooter with a motor which produces not to exceed five horsepower."

Definition

SECTION 16. Section 56-19-10 of the 1976 Code, as last amended by Act 118 of 1983, is further amended by adding an appropriately numbered item to read:

"( ) Notwithstanding item (2) of this section, every cycle with pedals to permit propulsion by human power and with a motor of not more than fifty cubic centimeters which produces not to exceed one and one-half brake horsepower and which is not capable of propelling the vehicle at a speed in excess of twenty-five miles per hour on level ground is a moped. If an internal combustion engine is used, the moped shall have a power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged."

Repeal

SECTION 17. Section 56-5-3510 of the 1976 Code is repealed.

Moped Operator's license

SECTION 18. Notwithstanding Section 56-1-1720 of the 1976 Code, no person is required to possess a moped operator's license or a driver's license before June 30, 1987, except in accordance with the following schedule:

Licensee's Birthdate License Required

1. January 1. January 30, 1987

February

2. March 2. February 28, 1987

April

3. May 3. March 30, 1987

June

4. July 4. April 30, 1987

August

5. September 5. May 31, 1987

October

6. November 6. June 30, 1987.

December

Time effective

SECTION 19. This act shall take effect January 1, 1987.