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					                                   South Carolina General Assembly
                                       119th Session, 2011-2012

S. 448

STATUS INFORMATION

General Bill
Sponsors: Senators Hutto, Fair, Jackson, Cleary, Land and Rankin
Document Path: l:\council\bills\swb\5082cm11.docx
Companion/Similar bill(s): 3562

Introduced in the Senate on January 26, 2011
Currently residing in the Senate Committee on Fish, Game and Forestry

Summary: Chandler's Law, All-Terrain Vehicle Safety Act


HISTORY OF LEGISLATIVE ACTIONS

    Date   Body Action Description with journal page number
 1/26/2011 Senate Introduced and read first time (Senate Journal-page 12)
 1/26/2011 Senate Referred to Committee on Fish, Game and Forestry (Senate Journal-page 12)

View the latest legislative information at the LPITS web site


VERSIONS OF THIS BILL

1/26/2011
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 9                              A BILL
10
11   TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
12   1976, BY ADDING CHAPTER 26 TO TITLE 50 SO AS TO
13   ENACT “CHANDLER‟S LAW” SO AS TO PROVIDE FOR
14   REGULATION OF THE OPERATION OF ALL-TERRAIN
15   VEHICLES INCLUDING MINIMUM AGE REQUIREMENTS
16   FOR THE OPERATION OF ALL-TERRAIN VEHICLES,
17   SAFETY COURSE COMPLETION REQUIREMENTS, SAFETY
18   EQUIPMENT REQUIREMENTS, AND PASSENGER RIDING
19   REQUIREMENTS, TO PROVIDE FOR THE ENFORCEMENT
20   OF THE PROVISIONS CONTAINED IN THIS CHAPTER, AND
21   TO PROVIDE THAT ALL-TERRAIN VEHICLES ARE
22   EXEMPT FROM AD VALOREM TAXES, AND TO PROVIDE
23   PENALTIES FOR CERTAIN VIOLATIONS; AND BY ADDING
24   ARTICLE 9 TO CHAPTER 19, TITLE 56 SO AS TO PROVIDE
25   A PROCEDURE FOR THE TITLING OF ALL-TERRAIN
26   VEHICLES.
27
28   Be it enacted by the General Assembly of the State of South
29   Carolina:
30
31   SECTION 1. Title 50 of the 1976 Code is amended by adding:
32
33                            “CHAPTER 26
34
35                    All-Terrain Vehicle Safety Act
36
37     Section 50-26-10. This chapter may be cited as „Chandler‟s
38   Law‟.
39
40     Section 50-26-20. For the purposes of this chapter, „all-terrain
41   vehicle‟ or „ATV‟ means a motorized vehicle designed primarily
42   for off-road travel on low-pressure tires which has three or more

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 1   wheels and handle bars for steering, but does not include lawn
 2   tractors, battery-powered children‟s toys, or a vehicle that is
 3   required to be licensed or titled for highway use. The term „ATV‟
 4   includes Type I-single passenger all-terrain vehicles and Type
 5   II-tandem passenger all-terrain vehicles.
 6
 7      Section 50-26-30. (A) It is unlawful for a parent or legal
 8   guardian of a person less than nine years of age to knowingly
 9   permit that person to operate an ATV.
10      (B) It is unlawful for a parent or legal guardian of a person
11   without a motor vehicle driver‟s license and less than sixteen years
12   of age to knowingly allow that person to carry a passenger while
13   operating an ATV.
14      (C) As used in this section „ANSI/SVIA‟ means American
15   National Standards Institute/Specialty Vehicle Institute of
16   America, and „FMVSS‟ means Federal Motor Vehicle Safety
17   Standard.
18      (D) It is unlawful to remove from an ATV the manufacturer
19   Age Restriction Warning Label required by ANSI/SVIA.
20      (E) It is unlawful for a parent or legal guardian of a person less
21   than sixteen years of age to knowingly allow that person to operate
22   an ATV in violation of the Age Restriction Warning Label affixed
23   by the manufacturer as required by standard ANSI/SVIA 1-2007.
24      (F) Effective July 1, 2011, every person fifteen years old and
25   younger who operates an all-terrain vehicle must possess a safety
26   certificate indicating successful completion of „hands-on‟
27   all-terrain vehicle safety course approved by the All-Terrain
28   Vehicle Safety Institute.
29      (G) A person fifteen years of age or younger also may not
30   operate, ride, or otherwise be propelled on an all-terrain vehicle
31   within this State unless the person wears a safety helmet meeting
32   standard FMVSS #218 and eye protection.
33      (H) A law enforcement officer enforcing the provisions of this
34   section in regard to private lands must have probable cause, based
35   on a plain view observation or incident to an investigation
36   resulting from an all-terrain vehicle accident, to believe a violation
37   of this section occurred before he may enter upon private land to
38   charge a violation of this section.
39
40   Section 50-26-40. (A) The restrictions in this section apply to
41   operation of all-terrain vehicles on those lands open to the public
42   and are in addition to the requirements of Section 50-26-30.


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 1      (B) It is unlawful to operate an all-terrain vehicle except in
 2   compliance with the local regulations and restrictions for
 3   all-terrain vehicle operation.
 4      (C) A person sixteen years of age or younger who operates an
 5   all-terrain vehicle must be accompanied by an adult.
 6      (D) It is unlawful to operate an all-terrain vehicle between
 7   one-half hour after sunset to one-half hour before sunrise unless it
 8   is operated with headlights turned on.
 9      (E) It is unlawful to cross any watercourse on an all-terrain
10   vehicle except at a designated ford, crossing, bridge, or if the
11   watercourse is bisected by a trail.
12      (F) An all-terrain vehicle must have an effective muffler
13   system in good working condition, a USDA Forest Service
14   approved spark arrester in good working condition, and a brake
15   system in good operating condition.
16      (G) It is unlawful to operate an all-terrain vehicle while under
17   the influence of alcohol or any controlled substance.
18      (H) It is unlawful to operate an all-terrain vehicle in a negligent
19   or reckless manner.
20      (I) Nothing contained in this chapter prevents the operation of
21   an all-terrain vehicle on a beach, or between the breakers and the
22   shoreline of the beach, if the all-terrain vehicle is operated in a
23   manner approved by the entity that owns or controls the area.
24
25     Section 50-26-50. All-terrain vehicles are exempt from ad
26   valorem personal property taxes beginning with calendar year
27   2011.
28
29     Section 50-26-60. A person violating this chapter, unless
30   otherwise specified, is guilty of a misdemeanor and, upon
31   conviction, must be fined not less than fifty dollars nor more than
32   two hundred dollars.
33
34     Section 50-26-70. This chapter does not apply to an owner,
35   operator, lessor, or renter of a farm or ranch, or that person‟s
36   employees, immediate family, or household members, when
37   operating an all-terrain vehicle while engaged in farming or
38   ranching operations.”
39
40   SECTION 2. Chapter 19, Title 56 of the 1976 Code is amended
41   by adding:
42                           “Article 9
43

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 1                      Titling of All-Terrain Vehicles
 2
 3     Section 56-19-1010. An owner of an ATV may make
 4   application to the Department of Motor Vehicles for a title for the
 5   vehicle accompanied by the required fee and upon the appropriate
 6   form prescribed and furnished by the department. The application
 7   must be accompanied by a manufacturer‟s certificate of origin or
 8   previous title properly assigned to the applicant.
 9
10      Section 56-19-1020. When a person who is not a licensed ATV
11   dealer receives by purchase, gift, trade, or by another means a
12   vehicle that was titled in this State, the person who receives the
13   vehicle may make application to the department for a title. The
14   application must be accompanied by the required documents and
15   fee for title. The department shall issue a certificate of title once it
16   has received a properly completed application. An owner of an
17   ATV, before the effective date of this article, who cannot provide
18   proof of ownership, may request an affidavit from the sheriff in the
19   county in which he resides. The affidavit shall state that the sheriff
20   finds the person making application for the title is the legal owner
21   of the ATV. Before issuing the affidavit, the sheriff must verify
22   through the National Crime Information Center that the ATV is not
23   stolen. The department shall issue a title application to the owner
24   upon presentation of the affidavit, application and fee.
25
26     Section 56-19-1030. The title fee for an ATV is contained in
27   Section 56-19-420(A). For purposes of this article, an all-terrain
28   vehicle (ATV) is defined as provided in Section 50-26-20.”
29
30   SECTION 3. This act takes effect July 1, 2011.
31                            ----XX----
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