2015-2016 Bill 3909 Text of Previous Version (May 31, 2016) - South Carolina Legislature Online

1 Indicates Matter Stricken 2 Indicates New Matter 3 4 COMMITTEE AMENDMENT AMENDED AND ADOPTED 5 AND AMENDED 6 May 31, 2016 7 8 H. 3909 9 10 Introduced by Reps. Herbkersman, Jefferson, Bernstein, 11 G.A. Brown, Funderburk, Hill, W.J. McLeod, J.E. Smith, 12 Whitmire, Gagnon, Dillard and Bowers 13 14 S. Printed 5/31/16--S. 15 Read the first time May 21, 2015. 16 17

[3909-1] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, SO AS TO ENACT THE “BICYCLE AND PEDESTRIAN 13 SAFETY ACT”; BY ADDING SECTION 5653520 SO AS TO 14 PROVIDE THAT BICYCLES WITH HELPER MOTORS 15 SHALL BE SUBJECT TO ALL THE RIGHTS AND DUTIES OF 16 BICYCLES; TO AMEND SECTION 5611710, RELATING TO 17 THE TERM “MOPED” AND ITS DEFINITION, SO AS TO 18 PROVIDE THAT THIS SECTION DOES NOT APPLY TO 19 MOTORCYCLES OR BICYCLES; TO AMEND SECTION 20 565990, RELATING TO CERTAIN PEDESTRIAN CONTROL 21 SIGNALS, SO AS TO PROVIDE THAT THIS SECTION ALSO 22 APPLIES TO PEDESTRIAN CONTROL SIGNALS THAT 23 EXHIBIT THE SYMBOLS FOR “WALK” OR “WAIT”, AND 24 TO PROVIDE THAT FOR PEDESTRIAN CROSSWALKS 25 EQUIPPED WITH COUNTDOWN INDICATORS, A 26 PEDESTRIAN MAY CROSS IF HE CAN COMPLETE THE 27 CROSSING DURING THE REMAINING TIME; TO AMEND 28 SECTION 5653130, RELATING TO A PEDESTRIAN’S 29 RIGHTOFWAY IN A CROSSWALK, SO AS TO PROVIDE 30 THAT THE DRIVER OF A VEHICLE SHALL STOP TO YIELD 31 TO A PEDESTRIAN CROSSING A ROADWAY UNDER 32 CERTAIN CIRCUMSTANCES; TO AMEND SECTION 33 5653230, RELATING TO A DRIVER’S DUTY TO EXERCISE 34 DUE CARE WHEN OPERATING A VEHICLE, SO AS TO 35 PROVIDE THAT THIS SECTION ALSO APPLIES TO A 36 DRIVER’S DUTY TO AVOID COLLIDING WITH AN 37 ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE, A 38 WHEELCHAIR, A FARM TRACTOR, OR A SIMILAR 39 VEHICLE DESIGNED FOR FARM USE, AND TO PROVIDE 40 PENALTIES FOR VIOLATIONS OF THIS SECTION; TO 41 AMEND SECTION 5653425, RELATING TO THE 42 DEFINITION OF THE TERM “BICYCLE LANE” AND

[3909] 2 1 OPERATIONS OF MOTOR VEHICLES AND BICYCLES 2 ALONG BICYCLE LANES, SO AS TO REVISE THE 3 DEFINITION OF THE TERM “BICYCLE LANE” AND TO 4 PROVIDE A DEFINITION FOR THE TERM 5 “SUBSTANDARDWIDTH LANE”; AND TO AMEND 6 SECTION 561610, RELATING TO CERTAIN TERMS AND 7 THEIR DEFINITIONS REGARDING THE REGULATION OF 8 MOTORCYCLE MANUFACTURERS, DISTRIBUTORS, 9 DEALERS, AND WHOLESALERS, SO AS TO PROVIDE A 10 DEFINITION FOR THE TERM “BICYCLES WITH HELPER 11 MOTORS”. 12 Amend Title To Conform 13 14 Be it enacted by the General Assembly of the State of South 15 Carolina: 16 17 SECTION 1. This act may be referred to and cited as the “Dylan 18 Paul Mitchell Bicycle and Pedestrian Safety Act”. 19 20 SECTION 2. Article 27, Chapter 5, Title 56 of the 1976 Code is 21 amended by adding: 22 23 “Section 5653520. Bicyclists operating bicycles with helper 24 motors are subject to all statutory provisions applicable to 25 bicyclists, as provided in Section 5653420.” 26 27 SECTION 3. Section 565990 of the 1976 Code is amended to 28 read: 29 30 “Section 565990. “(A) Whenever special pedestrian control 31 signals exhibiting the words or symbols for ‘Walk’ or ‘Wait’ are in 32 place such signals shall indicate as follows: 33 (1) ‘Walk’ indicates that a pedestrian facing such signal may 34 proceed across the roadway in the direction of the signal and shall 35 be given the right of way by the drivers of all vehicles; and 36 (2) ‘Wait’ indicates that no pedestrian shall start to cross the 37 roadway in the direction of such signal, but any pedestrian who has 38 partially completed his crossing on the walk signal shall proceed to 39 a sidewalk or safety island while the wait signal is showing. 40 (B) For pedestrian crosswalks equipped with countdown 41 indicators, a pedestrian may cross if he can complete the crossing 42 during the remaining time shown.” 43

[3909] 3 1 SECTION 4. Section 5653130(a) of the 1976 Code is amended to 2 read: 3 4 “(a) When trafficcontrol signals are not in place or not in 5 operation the driver of a vehicle shall yield the rightofway, 6 slowing down or stopping if need be stop to yield to a pedestrian 7 crossing the roadway within a crosswalk when the pedestrian is 8 upon the half of the roadway upon which the vehicle is traveling or 9 when the pedestrian is approaching so closely from the opposite 10 half of the roadway as to be in danger.” 11 12 SECTION 5. Section 56-5-3230 of the 1976 Code is amended to 13 read: 14 15 “Section 56-5-3230. Notwithstanding other provisions of any 16 local ordinance, every a driver of a vehicle shall exercise due care 17 to avoid colliding with any a pedestrian, or any a person propelling 18 a human-powered vehicle, a wheelchair, or a personal mobility 19 device, and shall give an audible signal when necessary and shall 20 exercise proper precaution upon observing any child or any 21 obviously confused, incapacitated or intoxicated person.” 22 23 SECTION 6. Section 5653425(A) of the 1976 Code, as added by 24 Act 317 of 2008, is amended to read: 25 26 “(A) For purposes of this section, ‘bicycle lane’ means a portion 27 of the roadway or a paved lane separated from the roadway that 28 has been designated by striping, pavement markings, and signage 29 for the preferential or exclusive use of by bicyclists by pavement 30 markings or signs which are used exclusively for the designation 31 of bicycle facilities.” 32 33 SECTION 7. Section 56110 of the 1976 Code is amended by 34 adding an appropriately numbered subsection to read: 35 36 “( )‘Bicycles with helper motors’ and ‘electric assist bicycles’ 37 mean low speed electrically assisted bicycles with two or three 38 wheels, each having fully operable pedals and an electric motor of 39 no more than 750 watts, or one horsepower, that meet the 40 requirements of the Federal Consumer Product Code provided in 41 16 C.F.R., Part 1512, and that operate in a manner such that the 42 electric motor disengages or ceases to function when their brakes 43 are applied. Bicycles with helper motors are not mopeds.

[3909] 4 1 ( ) ‘Personal mobility device’ means a manually operated or 2 powerdriven device designed primarily for use by an individual 3 with a mobility impairment for the purpose of indoor locomotion, 4 outdoor locomotion, or both.” 5 6 SECTION 8. The repeal or amendment by this act of any law, 7 whether temporary or permanent or civil or criminal, does not 8 affect pending actions, rights, duties, or liabilities founded thereon, 9 or alter, discharge, release or extinguish any penalty, forfeiture, or 10 liability incurred under the repealed or amended law, unless the 11 repealed or amended provision shall so expressly provide. After 12 the effective date of this act, all laws repealed or amended by this 13 act must be taken and treated as remaining in full force and effect 14 for the purpose of sustaining any pending or vested right, civil 15 action, special proceeding, criminal prosecution, or appeal existing 16 as of the effective date of this act, and for the enforcement of 17 rights, duties, penalties, forfeitures, and liabilities as they stood 18 under the repealed or amended laws. 19 20 SECTION 9. This act takes effect upon approval by the 21 Governor. 22 XX 23

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