A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "SOUTH CAROLINA RENTAL KART AGE ACT"; BY AMENDING SECTION 41-18-30, RELATING TO APPLICABILITY AND EXCEPTIONS FOR THE SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE, SO AS TO PROVIDE THAT AN INDIVIDUAL IS ALLOWED TO OPERATE A RENTAL KART IF THEY ARE EIGHTEEN YEARS OF AGE OR OLDER OR ARE FIFTEEN YEARS OF AGE OR OLDER AND HOLD A VALID DRIVER'S LICENSE OR PERMIT; AND BY AMENDING SECTION 41-18-40, RELATING TO DEFINITIONS FOR THE SOUTH CAROLINA AMUSEMENT PARK RIDES SAFETY CODE, SO AS TO MAKE CONFORMING CHANGES.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  This act may be cited as the "South Carolina Rental Kart Age Act".

 

SECTION 2.  Section 41-18-30(D) of the S.C. Code is amended to read:

 

    (D) This chapter applies to concession amusement park go-karts. This chapter does not apply to super- rental karts, provided that:

       (1) Only persons age eighteen or above who hold a valid driver's license are allowed to operate super-karts. An individual is allowed to operate a rental kart only if they:

           (a) are eighteen years of age or older; or

           (b) are fifteen years of age or older and hold a valid driver's license or permit.

       (2) No person shall operate a super-rental kart in any establishment where other permanent amusement devices are located or operated. Establishments offering super-rental karts must not share an entrance or exit with any other establishment offering an a permanent amusement device and must charge a separate fee for operating super-rental karts.

       (3) A sign shall be on display on the premises where super-rental karts are operated stating:  "Super-Rental karts are not amusement devices regulated by the South Carolina Department of Labor, Licensing and Regulation. Super-Rental karts may reach speeds in excess of fifty miles per hour. Drive at your own risk."

       (4) The owner of a super-rental kart must carry an insurance policy in an amount not less than one million dollars per occurrence against liability for injury to persons or property arising out of the operation or use of such device.

       (5) Rental karts operated by persons under eighteen years of age must be equipped with an occupant restraint system and a rollover protection system.

 

SECTION 3.  Section 41-18-40 (15) and (16) of the S.C. Code is amended to read:

 

    (15)(a) "Concession Amusement park go-kart" means an amusement ride or device that:

           (i) is a single vehicle, unattached to other vehicles or a common frame system;

           (ii) is powered without connection to a common energy source;

           (iii) is driver-controlled with respect to acceleration, speed, braking, and steering;

           (iv) operates within the containment system of a defined track;

           (v) simulates competitive motor sports;  and

           (vi) is used by members of the general public for a fee.

       (b) A concessionAn amusement park go-kart has a maximum capacity of two persons and no cargo capacity.

    (16) "Super-Rental kart" means an open-wheel motorsport vehicle, with or without gearbox or shifter capability, used for racing in excess of fifty forty miles per hour. Super-Rental kart does not mean "concession amusement park go-kart" as defined by this section. Rental karts may operate, but are not limited to operating, within the containment system of a defined track.

 

SECTION 4.  This act takes effect upon approval by the Governor.

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