H*3628 Session 109 (1991-1992)
H*3628(Rat #0157, Act #0094 of 1991) General Bill, By D.M. Beasley
A Bill to amend Sections 56-1-1710, 56-5-165, 56-5-3720, 56-5-3740, and
56-19-10, Code of Laws of South Carolina, 1976, relating to the definition and
operation of mopeds, so as to provide for "moped" to include cycles without
pedals, increase the maximum motor capacity from one and one-half to two brake
horsepower, and increase the maximum speed capability from twenty-five to
thirty miles an hour; to amend Section 56-5-1555, relating to speed
limitations of mopeds, so as to provide penalties; to amend Section 56-5-50,
relating to the application of the Code provisions regulating traffic on
highways to the operation of mopeds, so as to provide that the provisions of
Chapter 5 of Title 56 govern the operation of mopeds; and to amend Section
56-5-3750, relating to labeling requirements for mopeds, so as to provide for
the attachment of a metal tag to the vehicle identifying it as a moped and
provide penalties for violations.-amended title
02/28/91 House Introduced and read first time HJ-7
02/28/91 House Referred to Committee on Education and Public
Works HJ-7
04/10/91 House Committee report: Favorable Education and Public
Works HJ-9
04/16/91 House Debate adjourned until Wednesday, April 17, 1991 HJ-18
04/17/91 House Objection by Rep. McElveen & Hodges HJ-43
04/17/91 House Read second time HJ-43
04/18/91 House Objection by Rep. Rogers, Kirsh, J. Brown & Scott HJ-13
04/24/91 House Read third time and sent to Senate HJ-34
04/25/91 Senate Introduced, read first time, placed on calendar
without reference SJ-25
05/01/91 Senate Read second time SJ-12
05/15/91 Senate Read third time and enrolled SJ-14
05/21/91 Ratified R 157
05/27/91 Signed By Governor
05/27/91 Effective date 05/27/91
05/27/91 Act No. 94
06/05/91 Copies available
(R157, H3628)
AN ACT TO AMEND SECTIONS 56-1-1710, 56-5-165, 56-5-3720,
56-5-3740, AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE DEFINITION AND OPERATION OF
MOPEDS, SO AS TO PROVIDE FOR "MOPED" TO
INCLUDE CYCLES WITHOUT PEDALS, INCREASE THE MAXIMUM
MOTOR CAPACITY FROM ONE AND ONE-HALF TO TWO BRAKE
HORSEPOWER, AND INCREASE THE MAXIMUM SPEED
CAPABILITY FROM TWENTY-FIVE TO THIRTY MILES AN HOUR;
TO AMEND SECTION 56-5-1555, RELATING TO SPEED
LIMITATIONS OF MOPEDS, SO AS TO PROVIDE PENALTIES; TO
AMEND SECTION 56-5-50, RELATING TO THE APPLICATION OF
THE CODE PROVISIONS REGULATING TRAFFIC ON HIGHWAYS
TO THE OPERATION OF MOPEDS, SO AS TO PROVIDE THAT THE
PROVISIONS OF CHAPTER 5 OF TITLE 56 GOVERN THE
OPERATION OF MOPEDS; AND TO AMEND SECTION 56-5-3750,
RELATING TO LABELING REQUIREMENTS FOR MOPEDS, SO AS
TO PROVIDE FOR THE ATTACHMENT OF A METAL TAG TO THE
VEHICLE IDENTIFYING IT AS A MOPED AND PROVIDE
PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Definition of "moped" changed
SECTION 1. Section 56-1-1710 of the 1976 Code is amended to
read:
"Section 56-1-1710. For purposes of this article, `moped' means
a cycle with pedals to permit propulsion by human power or without pedals
and with a motor of not more than fifty cubic centimeters which produces
not to exceed two brake horsepower and which is not capable of propelling
the vehicle at a speed in excess of thirty miles an hour on level ground. If
an internal combustion engine is used, the moped must have a power drive
system that functions directly or automatically without clutching or shifting
by the operator after the drive system is engaged."
Exceptions to moped operation
SECTION 2. Section 56-5-50 of the 1976 Code is amended to read:
"Section 56-5-50. With the exception of Articles 35 and 37, the
provisions of Chapter 5 of Title 56 govern the operation of mopeds on the
public highways and streets of this State."
Definition of moped for traffic regulation
SECTION 3. Section 56-5-165 of the 1976 Code is amended to read:
"Section 56-5-165. Notwithstanding the provisions of Section
56-5-160, every cycle with pedals to permit propulsion by human power or
without pedals and with a motor of not more than fifty cubic centimeters
which produces not to exceed two brake horsepower and which is not
capable of propelling the vehicle at a speed in excess of thirty miles an hour
on level ground is a moped. If an internal combustion engine is used, the
moped must 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 on mopeds
SECTION 4. Section 56-5-1555 of the 1976 Code is amended to
read:
"Section 56-5-1555. No person may operate a moped at a speed
in excess of twenty-five miles an hour. A person who violates the
provisions of this section is guilty of a misdemeanor and, upon conviction,
must be fined not more than two hundred dollars or imprisoned not more
than thirty days."
Required moped equipment
SECTION 5. Section 56-5-3720 of the 1976 Code is amended to
read:
"Section 56-5-3720. It is unlawful for a 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
if the moped is equipped with pedals, at least one rearview mirror, operable
running lights, and brake lights which are operable when either brake is
deployed. A person who violates the provisions of this section is guilty of
a misdemeanor and, upon conviction, must be fined not more than two
hundred dollars or imprisoned not more than thirty days."
Prohibition on modifying moped equipment
SECTION 6. Section 56-5-3740 of the 1976 Code is amended to
read:
"Section 56-5-3740. It is unlawful for a person to modify or
change the equipment of a moped so that the vehicle exceeds two brake
horsepower and produces speeds in excess of thirty miles an hour on level
ground. A person who violates the provisions of this section is guilty of a
misdemeanor and, upon conviction, must be fined not more than two
hundred dollars or imprisoned not more than thirty days."
Labeling requirements for mopeds
SECTION 7. Section 56-5-3750 of the 1976 Code is amended to
read:
"Section 56-5-3750. (A) A person who sells, solicits, or
advertises the sale of mopeds clearly and conspicuously shall 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. The seller also shall attach a metal identification plate to each
moped without pedals identifying the vehicle as a moped. This plate must
be designed by the Department of Highways and Public Transportation and
must display information the department considers necessary for
enforcement purposes. The plate must be displayed permanently on each
moped without pedals and must not be removed. A seller of mopeds who
fails to label a moped, fails to attach a metal identification plate to a moped
without pedals, knowingly labels a motorcycle or motor-driven cycle as a
moped, or attaches a metal identification plate to a motorcycle or
motor-driven cycle identifying the vehicle as a moped is guilty of a
misdemeanor and, upon conviction, must be fined not more than two
hundred dollars or imprisoned for not more than thirty days.
(B) It is unlawful for a person to operate a moped without pedals upon
the public highways and streets of this State without displaying the metal
identification plate which must be attached to the vehicle. A person who
violates the provisions of this subsection is guilty of a misdemeanor and,
upon conviction, must be fined not more than two hundred dollars or
imprisoned not more than thirty days.
(C) Each vehicle which is incorrectly labeled or plated and each
moped which is not labeled or plated is a separate violation of this
section."
Definition of moped for protection of title
SECTION 8. Section 56-19-10(44) of the 1976 Code is amended to
read:
"(44) Notwithstanding item (2), every cycle with pedals to permit
propulsion by human power or without pedals and with a motor of not more
than fifty cubic centimeters which produces not to exceed two brake
horsepower and which is not capable of propelling the vehicle at a speed in
excess of thirty miles an hour on level ground is a moped. If an internal
combustion engine is used, the moped must have a power drive system that
functions directly or automatically without clutching or shifting by the
operator after the drive system is engaged."
Time effective
SECTION 9. This act takes effect upon approval by the Governor.
In the Senate House May 21, 1991.
Nick A. Theodore,
President of the Senate
Robert J. Sheheen,
Speaker of the House of
Representatives
Approved the 27th day of May, 1991.
Carroll A. Campbell, Jr.,
Governor
Printer's Date -- December 10, 1997 -- S.
-----XX----- |