South Carolina Motorcycle Helmet Law

image21 Years OldSouth Carolina Motorcycle Helmet Law

STATUTE:

City of Myrtle Beach – Ordinance 008-64. Sec. 14-224 – 06/09/10 – The SC Supreme Court ruled the city’s helmet law was invalid because the state had already dealt with this issue and the city doesn’t get to further comment or enact laws over the state’s ruling. The repeal is immediate and all pending helmet tickts are to be dismissed, and those previously found guilty are to be refunded any fines and have their records expunged. Congratulations SC!Title 56. Motor Vehicles. Chapter 5. uniform Act Regulating Traffic on Highways. Article 29. Motorcyclists; Rights and Duties Thereof. Section 56-5-3660. Helmets shall be worn by operators and passengers under age twenty-one; helmet design; list of approved helmets. :

“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. . . .”

FINE:

$100.00 or 30 days in jail. If you have info about the amount of the fine for violating South Carolina’s helmet law, please e-mail us.

STANDARDS:

Title 56. Motor Vehicles. Chapter 5. uniform Act Regulating Traffic on Highways. Article 29. Motorcyclists; Rights and Duties Thereof. Section 56-5-3660. Helmets shall be worn by operators and passengers under age twenty-one; helmet design; list of approved helmets. :” . . . 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 therefor and to establish and maintain a list of approved helmets which meet the specifications as established hereunder.”

COURT DECISIONS:

We have been unable to uncover any court decision from a court of record, either from the South Carolina Appellate or Supreme Courts, which indicates that the question of whether or not the language of South Carolina’s helmet law is constitutional has not been addressed in the courts.

CURRENT ACTIVITY:

If you know of any current activity regarding efforts to remove or amend South Carolina’s helmet law, in the Legislature or the Courts, please e-mail that information to us so we can update this site.

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