2017-2018 Bill 3795: All-Terrain Vehicles - South Carolina Legislature Online

1 South Carolina General Assembly 2 122nd Session, 2017-2018 3 4 H. 3795 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Rep. Pitts 10 Document Path: l:\council\bills\gt\5296cm17.docx 11 12 Introduced in the House on February 16, 2017 13 Currently residing in the House Committee on Education and Public Works 14 15 Summary: All-terrain vehicles 16 17 18 HISTORY OF LEGISLATIVE ACTIONS 19 20 Date Body Action Description with journal page number 21 2/16/2017 House Introduced and read first time ( House Journalpage 21) 22 2/16/2017 House Referred to Committee on Education and Public Works ( House Journalpage 21) 23 24 View the latest legislative information at the website 25 26 27 VERSIONS OF THIS BILL 28 29 2/16/2017 30 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 562105, AS AMENDED, CODE OF 12 LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE 13 OPERATION OF GOLF CARTS AND THE ISSUANCE OF 14 GOLF CART PERMIT DECALS AND REGISTRATION BY 15 THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO 16 PROVIDE THAT THIS PROVISION ALSO APPLIES TO 17 ALLTERRAIN VEHICLES, AND TO DEFINE THE TERM 18 “ALLTERRAIN VEHICLE” OR “ATV”. 19 20 Be it enacted by the General Assembly of the State of South 21 Carolina: 22 23 SECTION 1. Section 562105 of the 1976 Code, as last amended 24 by Act 246 of 2016, is further amended to read: 25 26 “Section 562105. (A) For the purposes of this section,: 27 (1) ‘Gated community’ means any homeowners’ community 28 with at least one access controlled ingress and egress which 29 includes the presence of a guard house, a mechanical barrier, or 30 another method of controlled conveyance. 31 (2) ‘Allterrain vehicle’ or ‘ATV’ means any vehicle 32 contained in Section 56110(20). 33 (B) An individual or business owner of a vehicle commonly 34 known as a golf cart or ATV may obtain a permit decal and 35 registration from the Department of Motor Vehicles upon 36 presenting proof of ownership and liability insurance for the golf 37 cart or ATV and upon payment of a five dollar fee. 38 (C) During daylight hours only: 39 (1) A permitted golf cart or ATV may be operated within 40 four miles of the address on the registration certificate and only on 41 a secondary highway or street for which the posted speed limit is 42 thirtyfive miles an hour or less.

[3795] 2 1 (2) A permitted golf cart or ATV may be operated within 2 four miles of a point of ingress and egress to a gated community 3 and only on a secondary highway or street for which the posted 4 speed limit is thirtyfive miles an hour or less. 5 (3) Within four miles of the registration holder’s address, 6 and while traveling along a secondary highway or street for which 7 the posted speed limit is thirtyfive miles an hour or less, a 8 permitted golf cart or ATV may cross a highway or street at an 9 intersection where the highway has a posted speed limit of more 10 than thirtyfive miles an hour. 11 (4) A permitted golf cart or ATV may be operated along a 12 secondary highway or street for which the posted speed limit is 13 thirtyfive miles an hour or less on an island not accessible by a 14 bridge designed for use by automobiles. 15 (D) A person operating a permitted golf cart or ATV must be at 16 least sixteen years of age and hold a valid driver’s license. The 17 operator of a permitted golf cart or ATV being operated on a 18 highway or street must have in his possession: 19 (1) the registration certificate issued by the department; 20 (2) proof of liability insurance for the golf cart or ATV; and 21 (3) his driver’s license. 22 (E) A golf cart or ATV permit must be replaced with a new 23 permit every five years, or at the time the permit holder changes 24 his address. 25 (F)(1) A political subdivision may, on designated streets or 26 roads within the political subdivision’s jurisdiction, may reduce 27 the area in which a permitted golf cart or ATV may operate from 28 four miles to no less than two miles. 29 (2) A political subdivision may, on primary highways, 30 secondary highways, streets, or roads within the political 31 subdivision’s jurisdiction, may create separate golf cart or ATV 32 paths on the shoulder of its primary highways, secondary 33 highways, streets and roads for the purpose of golf cart or ATV 34 transportation, if: 35 (a) the political subdivision obtains the necessary 36 approvals, if any, to create the golf cart or ATV paths; and 37 (b) the golf cart or ATV path is: 38 (i)separated from the traffic lanes by a hard concrete 39 curb; 40 (ii) separated from the traffic lanes by parking spaces; 41 or 42 (iii) separated from the traffic lanes by a distance of four 43 feet or more.

[3795] 3 1 (3) In a county with a population of no less than one hundred 2 fifty thousand and no more than two hundred fifty thousand 3 persons: 4 (a) if a municipality has jurisdiction over a barrier island, 5 the municipality may enact an ordinance allowing for the operation 6 of a golf cart or ATV at night on designated portions of the barrier 7 island within the municipality, provided the golf cart or ATV is 8 equipped with working headlights and rear lights; or 9 (b) if a barrier island is not within the jurisdiction of a 10 municipality, the county in which the barrier island is located may 11 enact an ordinance allowing for the operation of a golf cart or ATV 12 at night on designated portions of the county, provided the golf 13 cart or ATV is equipped with working headlights and rear lights. 14 If a municipality or county enacts an ordinance allowing golf 15 carts or ATVs to operate at night on a barrier island, the 16 requirements of subsection (C), other than operation in daylight 17 hours only, shall still shall apply to all permitted golf carts or 18 ATVs. 19 (4) A political subdivision may not reduce or otherwise 20 amend the other restrictions placed on the operation of a permitted 21 golf cart or ATV contained in this section. 22 (G) The provisions of this section that restrict the use of a golf 23 cart or ATV to certain streets, certain hours, and certain distances 24 shall not apply to a golf cart or ATV used by a public safety 25 agency in connection with the performance of its duties.” 26 27 SECTION 2. This act takes effect upon approval by the 28 Governor. 29 XX 30

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