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Indicates Matter Stricken
Indicates New Matter
AMENDED
April 27, 2005
H. 3726
Introduced by Reps. Ott, Clark, J.E. Smith, McGee, Witherspoon, Branham, Cobb-Hunter, Duncan, Hayes, Lucas, M.A. Pitts, Taylor and R. Brown
S. Printed 4/27/05--H.
Read the first time March 9, 2005.
EXPLANATION OF IMPACT:
The Department of Natural Resources reports that the annual cost of developing and implementing a safe driving course, issuing certificates and certifying other safety instructors throughout the state is approximately $95,849. Costs include one educator to design the safety course, instructional manual and other instructional materials; provide training; and develop safety course guidelines for individuals wanting to become certified by DNR as an ATV instructor. The salary and fringe benefits for the educator is estimated at $54,720. The cost to produce the certificates, instructional manuals, certification guidelines and other operating expenses is estimated at $41,129. Existing staff and resources can be used to certify instructors and conduct compliance inspections.
SPECIAL NOTES:
The Bill does not provide for the department to collect and retain fees for providing education or for issuing certificates or certifying instructors. Therefore, it is assumed the impact would be on the General Fund of the State.
Approved By:
Don Addy
Office of State Budget
TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT "CHANDLER'S LAW" BY ADDING CHAPTER 26 SO AS TO PROVIDE FOR THE REGULATION, REGISTRATION, AND TITLING OF ALL-TERRAIN VEHICLES BY THE DEPARTMENT OF NATURAL RESOURCES, INCLUDING THE REQUIREMENT THAT A PERSON UNDER SIXTEEN MUST COMPLETE A DRIVING SAFETY COURSE BEFORE HE MAY OPERATE AN ALL-TERRAIN VEHICLE AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 50 of the 1976 Code is amended by adding:
Section 50-26-10. This chapter may be cited as 'Chandler's Law'.
Section 50-26-20. For the purposes of this chapter 'all-terrain vehicle' or 'ATV' means a motorized vehicle designed primarily for off-road travel on low-pressure tires which has a saddle seat and three or more wheels and handle bars for steering but does not include lawn tractors or any vehicle that is required to be licensed or titled for highway use.
Section 50-26-30. (A) A person sixteen years of age or younger may not operate an all-terrain vehicle within this State unless the person:
(1) has successfully completed an all-terrain vehicle safety education course provided by or approved by the department, and has been issued a safety certificate; or
(2) is operating the all-terrain vehicle as part of a prescribed all-terrain vehicle safety education, training, and skills program and is under the direct supervision of a certified all-terrain vehicle safety instructor.
(B) The department may not issue an all-terrain vehicle operator's safety certificate to a person unless the person has successfully completed the all-terrain vehicle safety education course. A certificate of successful completion of an all-terrain vehicle safety education course issued by other states or territories of the United States, Canadian provinces, or other nations is valid for the purposes of this chapter if the department approves the course as comparable to the program required by this chapter.
(C) The department shall certify all-terrain vehicle safety education courses.
(D) A person sixteen years of age or younger may not operate, ride, or otherwise be propelled on an all-terrain vehicle within this State unless the person wears a safety helmet and eye protection meeting United States Department of Transportation standards for motorcycles.
Section 50-26-40. All-terrain vehicles are exempt from ad valorum personal property taxes beginning January 1, 2005.
Section 50-26-50. (A) The restrictions in this section apply to operation of all-terrain vehicles on those lands open to the public and are in addition to the requirements of Section 50-26-30.
(B) It is unlawful to operate an all-terrain vehicle except in compliance with the local regulations and restrictions for an all-terrain vehicle operation.
(C) A person sixteen years of age or younger must be accompanied by an adult.
(D) It is unlawful to operate an all-terrain vehicle between one-half hour after sunset to one-half hour before sunrise unless it is equipped with operational headlights and they are on.
(E) It is unlawful to cross an unbridged stream except at a designated ford or crossing. Riding in any water bodies or watercourses is unlawful.
(F) An all-terrain vehicle must have an effective muffler system in good working condition; a USDA Forest Service approved spark arrester in good working condition and a brake system in good operating condition.
(G) It is unlawful to operate an all-terrain vehicle while under the influence of alcohol or any controlled substance.
(H) It is unlawful to operate an all-terrain vehicle in a negligent or reckless manner.
(I) It is unlawful to operate an all-terrain vehicle in a manner that damages flora or fauna, roads, trails, firebreaks, signs, gates, guardrails, bridges, fencing, or other public property.
(J) No governmental entity and no property owner is liable for injuries or damage resulting from an all-terrain vehicle operation on lands open to the public for an all-terrain vehicle operation. The State is absolutely immune from liability for any injury or damage as a result of operating an all-terrain vehicle on any lands at any time.
Section 50-26-60. A person violating this chapter, unless otherwise specified, is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars."
SECTION 2. This act takes effect upon approval by the Governor.
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