Current Status Introducing Body:House Bill Number:3628 Ratification Number:157 Act Number:94 Primary Sponsor:Beasley Type of Legislation:GB Subject:Mopeds Date Bill Passed both Bodies:May 15, 1991 Computer Document Number:DKA/3087.AL Governor's Action:S Date of Governor's Action:May 27, 1991 Introduced Date:Feb 28, 1991 Last History Body:------ Last History Date:May 27, 1991 Last History Type:Act No. 94 Scope of Legislation:Statewide All Sponsors:Beasley Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
3628 ------ May 27, 1991 Act No. 94
3628 ------ May 27, 1991 Signed by Governor
3628 ------ May 21, 1991 Ratified R 157
3628 Senate May 15, 1991 Read third time, enrolled for
ratification
3628 Senate May 01, 1991 Read second time
3628 Senate Apr 25, 1991 Introduced, read first time,
placed on Calendar without
reference
3628 House Apr 24, 1991 Read third time, sent to
Senate
3628 House Apr 18, 1991 Objection by Representative
3628 House Apr 17, 1991 Read second time
3628 House Apr 17, 1991 Objection by Representative
3628 House Apr 16, 1991 Debate adjourned until
Wednesday, April 17
3628 House Apr 10, 1991 Committee Report: Favorable 21
3628 House Feb 28, 1991 Introduced, read first time, 21
referred to Committee
View additional legislative information at the LPITS web site.
(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.