SELECTED SOUTH CAROLINA MOTORCYCLE LAWS
1; § 56-5-3610. Rights and duties of operator of motorcycle generally. [SC ST SEC 56-5-3610]
Every person operating a motorcycle shall be granted all of the rights and shall be subject to all of the duties applicable to the drivers of motor vehicles, except as to special regulations or other provisions of law which by their nature would not apply.
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2; § 56-5-3630. Manner in which motorcycles shall be operated. [SC ST SEC 56-5-3630]
| (A) |
A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto and the operator shall not carry any other person nor shall any other person ride on a motorcycle unless the motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the motorcycle at the rear or side of the operator. |
| (B) |
A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle. |
| (C) |
No person shall operate a motorcycle while carrying any package, bundle or other article which prevents him from keeping both hands on the handlebars. |
| (D) |
No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or the view of the operator. |
| (E) |
No person riding upon a motorcycle shall attach himself or the motorcycle to any other vehicle on the roadway. |
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3; § 56-5-3640. Motorcycle entitled to full use of lane; riding two or more abreast; overtaking and passing; operation in other instances. [SC ST SEC 56-5-3640]
| (A) |
All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane. This shall not apply to motorcycles operated two abreast in a single lane. |
| (B) |
The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken. |
| (C) |
No person shall operate a motorcycle between lanes of traffic, or between adjacent lines or rows of vehicles. |
| (D) |
Motorcycles shall not be operated more than two abreast in a single lane. |
| (E) |
Items (b) and (c) shall not apply to police officers in the performance of their official duties. |
Comment: If you are riding from South Carolina into Virginia please keep in mind that it is considered reckless driving to operate two motorcycles abreast in a single lane. The only other state which makes this illegal is Vermont.
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4; § 56-5-3650. Footrests; rear view mirror. [SC ST SEC 56-5-3650]
| (A) |
Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, must be equipped with footrests for its passenger. |
| (B) |
A person shall not operate any motorcycle unless it is equipped with a rear view mirror which will afford the operator ample vision to the rear at all times. |
Comment: The rule is that if you have a passenger you must have footrests for them. Contrary to popular belief there is no requirement that the passengers use the footrests or even be able to reach them. However, the bike must be equipped with them. Additionally, a single rear view mirror meets the requirements of this statute.
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5; § 56-5-3660. Helmets shall be worn by operators and passengers under age twenty-one; helmet design; list of approved helmets. [SC ST SEC 56-5-3660]
It shall be unlawful for any person under the age of twenty-one to operate or ride upon a two-wheeled motorized vehicle unless he wears a protective helmet of a type approved by the Department of Public Safety. Such a helmet must be equipped with either a neck or chin strap and be reflectorized on both sides thereof. The department is hereby authorized to adopt and amend regulations covering the types of helmets and the specifications therefore and to establish and maintain a list of approved helmets which meet the specifications as established hereunder.
Comment: Many say that South Carolina does not have a helmet law. That is incorrect as you can see above. South Carolina allows adults over the age of 20 to choose whether or not to wear a helmet. If you are under the age of 21 than you must wear a helmet of a type approved by the Department of Public Safety. South Carolina has adopted USA Standard Z90.1-1966 per the South Carolina Code of Regulations, Section 38-151. You may access the South Carolina Code of Regulations at http://www.scstatehouse.gov/coderegs/c038.htm
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6; § 56-5-3670. Goggles or face shields shall be worn by operators under age twenty-one; list of approved goggles and face shields. [SC ST SEC 56-5-3670]
It shall be unlawful for any person under the age of twenty-one to operate a two-wheeled motorized vehicle unless he wears goggles or a face shield of a type approved by the Department of Public Safety. The department is hereby authorized to adopt and amend regulations covering types of goggles and face shields and the specifications therefore and to establish and maintain a list of approved goggles and face shields which meet the specifications as established hereunder.
Comment: In order to determine which goggles and face shields are allowed in the State of South Carolina, you may consult the South Carolina Code of Regulations, Section 38-151. You may access the South Carolina Code of Regulations at http://www.scstatehouse.gov/coderegs/c038.htm
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7; § 56-5-3680. Wind screens. [SC ST SEC 56-5-3680]
The provisions of Section 56-5-3670 with respect to goggles and face shields shall not apply to the operator of a two-wheeled motorized vehicle equipped with a wind screen meeting specifications established by the Department of Public Safety. The department is hereby authorized to adopt and amend regulations covering types of wind screens and specifications therefore.
Comment: In order to determine which wind screens are allowed in the State of South Carolina, you may consult the South Carolina Code of Regulations, Section 38-151. You may access the South Carolina Code of Regulations at http://www.scstatehouse.gov/coderegs/c038.htm
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8; § 56-5-3690. Unlawful to sell or distribute helmets, goggles or face shields not approved by Department of Public Safety. [SC ST SEC 56-5-3690]
It shall be unlawful to sell, offer for sale or distribute any protective helmets, goggles or face shields for use by the operators of two-wheeled motorized vehicles, or protective helmets for the use of passengers thereon, unless they are of a type and specification approved by the Department of Public Safety and appear on the list of approved devices maintained by the department.
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9; § 56-5-3700. Penalty for violation of §§ 56-5-3660 to 56-5-3690. [SC ST SEC 56-5-3700]
Any person violating the provisions of §§ 56-5-3660 to 56-5-3690 shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not more than one hundred dollars or be imprisoned for not more than thirty days.
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