§ 12-160. Application and definitions applicable to articles V and VI.

(a)

This article does not apply to vehicles used by or in law enforcement.

(b)

If any provision, section, subsection, sentence, clause, or phrase of this article, or the application of same to any person or set of circumstances, is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this article or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the city council in adopting this article that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other portion hereof, and all provisions of this article are declared to be severable for that purpose.

(c)

Definitions.

All-terrain vehicle or "ATV" means a motorized vehicle designed primarily for off-road travel on low-pressure tires which has three or more wheels and handle bars for steering, but does not include lawn tractors, battery-powered children's toys, or a vehicle that is required to be licensed or titled for highway use. The term "ATV" includes type I-single passenger all-terrain vehicles and type II-tandem passenger all-terrain vehicles. An ATV or golf cart is not considered a low speed vehicle, and an ATV is not intended to be operated on public roads and streets.

Bicycle means a device propelled solely by pedals, operated by one or more persons, and having two or more wheels, except children's tricycles.

Bicycle with helper motors and electric-assist bicycle , hereinafter "e-bike," means low speed electrically assisted bicycles with two or three wheels, each having fully operable pedals and an electric motor of no more than 750 watts, or one horsepower, whose maximum speed on a paved level surface, when powered solely by such motor while ridden by an operator weighing 120 pounds, is no more than 20 miles per hour. For these vehicles to be considered electrically assisted bicycles, they must meet the requirements of the Federal Motor Vehicle Safety Standards as set forth in 49 C.F.R. Part 571, et seq., and must operate in a manner that the electric motor disengages or ceases to function when their brakes are applied. notwithstanding another provision of law, bicycles with helper motors are not mopeds.

Bicycle lane or bike lane shall mean a portion of a roadway which has been designated by striping, signing or pavement markings for the preferential or exclusive use of bicyclist peddling any foot-propelled vehicle irrespective of the number of wheels in contact with the ground. In the City, the bike lane is for the exclusive use of bicyclist.

Class of license or license classification , under South Carolina law, means:

Beginners permit: Types of beginner permits.

Beginner's permits are issued in four classes according to the type of vehicle.

Class D—Regular Passenger Vehicle. A regular passenger vehicle beginner's permit allows you to practice driving a vehicle while you are accompanied by an experienced licensed driver.

Class M—Motorcycle. A motorcycle beginner's permit allows you to practice driving a motorcycle or motor scooter while an experienced licensed driver supervises you.

Class E—Single unit non-commercial vehicles more than 26,000 GVW. A Class E beginner's permit allows you to practice driving non-commercial, single unit vehicles that exceeds 26,000 pounds gross vehicle weight. Examples of Class E vehicles include trucks and motor homes. When you practice driving, you must be accompanied by an experienced licensed driver.

Class F—Combination unit non-commercial vehicles more than 26,000 GVW. A Class F beginner's permit allows you to practice driving non-commercial, combination vehicles that exceed 26,000 pounds gross vehicle weight. Examples of Class F vehicles include the same type vehicles that require a Class E license plus a towed trailer or vehicle. When you practice driving, you must be accompanied by an experienced licensed driver.

Driving restrictions for beginners.

Class D Beginner Permit Restrictions:

•

You may drive from 6:00 a.m. to midnight if a licensed driver who is at least 21 years old and has at least one year of driving experience accompanies you in the front seat.

•

From midnight to 6:00 a.m., you may drive if a licensed parent or legally appointed guardian accompanies you in the front seat.

Class M Beginner Permit Restrictions:

■

You may drive a motorcycle or motor scooter from 6:00 a.m. to 6:00 p.m. (or 8:00 p.m. during daylight savings time).

■

You may not operate a motorcycle or motor scooter at any other time unless a licensed parent or legally appointed guardian supervises you.

Class CDL and Types of CDL

The holder of a valid commercial driver license may drive all vehicles in the class for which that license is issued and all lesser classes of vehicles except motorcycles.

Vehicles which require an endorsement may not be driven unless the proper endorsement appears on the license. Commercial driver licenses may be issued with the following classifications, endorsements, and restrictions:

(1)

Classifications of CDL:

a.

Class A: A combination of vehicles with a gross combination weight rating of 26,001 pounds or more provided the gross vehicle weight rating of the vehicle being towed is in excess of 10,000 pounds.

b.

Class B: A single vehicle with a gross vehicle weight rating of 26,001 pounds or more, or any such vehicle towing a vehicle not in excess of 10,000 pounds gross vehicle weight rating.

c.

Class C: A single vehicle, or combination of vehicles, that are not Class A or B vehicles but either designed to transport 16 or more passengers including the driver, or are required to be placarded for hazardous materials under 49 C.F.R. Part 172, subpart F.

(2)

Endorsements are added to commercial driver licenses as required under Part 383.153 of the Federal Motor Carrier Safety Regulations.

(3)

Restrictions are added to commercial driver licenses as required under Part 383.153 of the Federal Motor Carrier Safety Regulations.

Class D

A Class D driver's license allows you to drive non-commercial passenger vehicles, such as cars and trucks, which do not exceed 26,000 pounds gross vehicle weight. With a Class D driver's license, you may also operate a three-wheel vehicle; provided however this excludes a two-wheel motorcycle with a side car, for which you must have a Class M.

Class E

A Class E driver's license allows you to operate non-commercial, single unit vehicles that exceeds 26,000 pounds gross vehicle weight. Examples of Class E vehicles include trucks and motor homes. With a Class E driver's license, you may also operate a three-wheel vehicle, provided however this excludes a two-wheel motorcycle with a side car, for which you must have a Class M.

Class F

A Class F driver's license allows you to drive non-commercial, combination vehicles that exceed 26,000 pounds gross vehicle weight. Examples of Class F vehicles include trucks and motor homes with a towed trailer or vehicle and any combination of vehicles used exclusively for recreation such as truck and camper combinations if the gross combination weight exceeds 26,000 lbs. With A Class F driver's license, you may also operate a three-wheel vehicle; provided however this excludes a two-wheel motorcycle with a side car, for which you must have a Class M.

Class G

A Class G driver license allows you to operate a moped as that vehicle is defined by S.C. Code of Laws, § 56-1-1710.

Class M

A Class M license allows you to operate a two-wheel motorcycle, a two-wheel motorcycle with a detachable side car, or a three-wheel vehicle.

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General Driver License Information

Driver License Classes

Regular (non-commercial) driver's licenses are issued in the following classes depending on the type and intended use of the vehicle.

Depending on the class license you have determines whether you are permitted to operate the following NON-COMMERCIAL vehicles.
Class License	Passenger vehicle which does not exceed 26,000 pounds gross vehicle weight such as a car or truck	Single unit vehicle that exceeds 26,000 pounds gross vehicle weight such as a truck or motor home.	Combination vehicles that exceed 26,000 pounds gross vehicle weight.	Moped as defined by S.C. Code of Laws, § 56-1-1710	Two-wheel motorcycle with or without a detachable side car	Three-wheel vehicle
D	YES	NO	NO	YES	NO	YES
E	YES	YES	NO	YES	NO	YES
F	YES	YES	YES	YES	NO	YES
G	NO	NO	NO	YES	NO	NO
M	NO	NO	NO	YES	YES	YES

 

* Examples of Class F vehicles include trucks and motor homes with a towed trailer or vehicle and any combination of vehicles used exclusively for recreation such as truck and camper combinations if the gross combination weight exceeds 26,000 lbs.

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Electric personal assistive mobility device (EPAMD) means a self-balancing device with two wheels not in tandem, designed to transport only one person by an electric propulsion system with an average power of 750 watts (one horsepower) having a maximum speed on a paved level surface, when powered solely by such a propulsion system while ridden by an operator weighing 170 pounds, at speeds of less than 20 miles per hour

Golf cart means a vehicle that would fall within the definition of a motor vehicle as defined in S.C. Code § 56-5-130, commonly identified as a small motorized vehicle for golfers and their equipment intended to be operated on private property, but can be lawfully operated when properly licensed by the State Department of Motor Vehicles and bearing the state issued decal on secondary public roads and streets of speed limits not greater than 35 miles per hour between dawn and dusk, and when equipped to operate on public streets and roads with required safety and equipment features, as required by South Carolina Code § 56-5-4410, which prohibits any person from driving any vehicle which does not contain equipment required by various other code sections in that title, unless otherwise exempted. There are numerous provisions in the Code which require such equipment as proper brakes, lighting requirements (head, tail, stop and signal turn), reflectors, bumpers, horns and warning devices, mirrors, safety glass, etc. See for example, S.C. Code of Laws, tit. 56, ch. 5, art. 35, equipment and identification, except as where plainly inapplicable. A golf cart should be in good working order and safe mechanical condition, pursuant to S.C. Code of Laws, § 56-5-330. Unless the golf cart is so equipped and in safe condition, it should not be operated on the public highways of this state as it poses a danger to the public at large and the occupants.

1.

The golf cart operator must be 16 years of age and have a valid driver's license.

2.

An all-terrain vehicle is classified by the manufacturer as being designed for off road use. It is not a golf cart, and is not permitted to operate on state roads, regardless of its safety equipment.

Greenways are a special type of linear park and non-motor vehicle travel way which preserve undeveloped ribbons of natural habitat, usually through urban areas, by combining trails, paths and sidewalks that are the designated travel ways through the Park. Local greenways may or may not be recognized as part of the larger East Coast Greenway system, a 501 C 3 public benefits corporation.

Hoverboards are powered dual or single wheeled single person personal conveyances similar to skateboards, utilizing a gyroscope to maintain balance and control direction by the operator.

Low speed vehicle or "LSV" means a four-wheeled motor vehicle, other than an all-terrain vehicle, whose speed attainable in one mile is more than 20 miles an hour and not more than 25 miles an hour on a paved level surface, and whose GVWR is less than 3,000 pounds. LOW SPEED VEHICLES ARE TITLED AND REGISTERED. A low speed vehicle must meet the requirements of Federal Motor Vehicle Safety Standard 500 (Part 49 Section 571.500 of the Code of Federal Regulations) at all times when operated on any highway. A low speed vehicle that complies with the equipment requirements in 49 CFR Section 571.500 complies with all equipment requirements of this title. The State will not title or register homemade low speed vehicles, retrofitted golf carts, or any other similar vehicles, since these will not qualify as low speed vehicles in this state. All-terrain vehicles (ATV) do not qualify as low speed vehicles. Low speed vehicles can only be operated on secondary roads having speed limits of 35 miles per hour or less, and only when equipped to operate on public streets and roads with required safety features, as required by S.C. Code, § 56-5-4410, which prohibits any person from driving any vehicle which does not contain equipment required by various other code sections in that title, unless otherwise exempted. There are numerous provisions in the Code which require such equipment as proper brakes, lighting requirements (head, tail, stop and signal turn), reflectors, bumpers, horns and warning devices, mirrors, safety glass, etc. See for example, S.C. Code of Laws, tit. 56, ch. 5, art. 35, equipment and identification, except as where plainly inapplicable. A LSV should be in good working order and safe mechanical condition, pursuant to S.C. Code of Laws, § 56-5-330. Unless the LSV is so equipped and in safe condition, it should not be operated on the public highways of this state as it poses a danger to the public at large and the occupants. LSVs must comply with all South Carolina insurance laws, the driver must have a valid driver's license, and proof of insurance and registration must be maintained in the vehicle during all times of operation.

Linear park means a public park that has a much larger length than width. A linear park typically contains a travel way or a path, trail, sidewalk or multipath, and may or may not be part of a larger greenway, depending upon its designation by the governing authority.

Moped means every cycle, with either two or three wheels with pedals to permit propulsion by human power or without pedals and with a motor of not more than 50 cubic centimeters which produces not to exceed two horsepower and which is not capable of propelling the vehicle at a speed in excess of 30 miles per 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.

1.

A moped is not a scooter or motorcycle, and is not required to be insured in order to operate on the roads.

2.

Operators must be at least 16 years of age and hold a Class G, D (suspended) or M (motorcycle) license, or a valid moped license issued by the state.

3.

Mopeds shall display a moped tag.

Motor vehicle means, for purposes of this Division and as distinguished from state law, a motor vehicle includes any size and manner of propulsion of car, truck, van, motorcycle, moped, scooter, all-terrain vehicle (ATV), and also included are bicycles with helping internal combustion motors.

Motorcycle means every motor vehicle having no more than two permanent functional wheels in contact with the ground or trailer and having a saddle for the use of the rider, but excluding a tractor.

Multi-use path means a paved land corridor that provides a marked path with little interruption in travel, not less than 14 feet in width, to serve the widest spectrum of users. A multi-use path may or may not be part of a larger greenway, depending upon its designation by the governing authority, and if not part of a designated greenway, may have restrictions upon what type of wheeled conveyances may use the path. When part of a larger greenway system, the restrictions of greenway use apply.

Non-motorized uses means and includes walking, bicycling, and variants such as small-wheeled individually human powered transports such as (skates, skateboards, push scooters and hand carts), and, even though powered by small motors, shall include power chair/ wheelchair for compliance with the Americans with Disabilities Act and EPAMD travel for compliance with South Carolina statutes.

Operator means every person who drives or is in actual physical control of a rental conveyance.

Power chair and or wheelchair means a chair fitted with wheels for use as a means of transport by a person who is unable to walk as a result of illness, injury, or disability.

Rental agency means the business license holder, the corporate entity and its officers, employees and agents and each and every person who owns or works for a licensed business engaged in the business of rental of mopeds, scooters, LSVs or golf carts for use by the public.

Rental conveyance means golf cart, LSV, moped, scooter, hoverboard or skateboard.

Seatbelt means a vehicle safety device designed to restrain and secure the occupant of a moving vehicle, by way of belts and fixations points, against injurious body movement that may result during a collision, sudden stop or sharp turning action. A type 1 seat belt assembly is a lap belt for only pelvic restraint. A type 2 seat belt assembly is a combination of pelvic and upper torso restraints.

Sidewalk. A sidewalk is a paved or hard surface path along a street that is located within the right-of-way. Sidewalks are generally four feet to six feet in width and cross driveways and intersections, and are separated from the roadway by a raised curb and/or a planting strip of varying widths. Sidewalks are intended to serve pedestrians and power chair/wheelchair users and are the principal component of a pedestrian network. EPAMD are permitted on sidewalks, while bicycles, small-wheels conveyances, motor vehicles and non-motorized vehicles greater than three feet in width are prohibited from sidewalk use.

Scooter , for the purposes of this article, means any motor driven vehicle with a motor greater than one and one-half brake horsepower, but not exceeding five horsepower.

1.

A scooter is classified as motorcycle, requiring insurance and a motorcycle operator's license (Class M only).

2.

Scooters must be insured to operate on the public roads, and the operator must produce proof of insurance.

3.

Scooters must bear a license tag denoting that it is a motorcycle.

Rental or rented conveyance means a moped, scooter or golf cart, as the section indicates application.

Vehicle identification number or VIN means a number, a letter, a character, a datum, a derivative, or a combination thereof, used by the manufacturer or the Department of Motor Vehicles for the purpose of uniquely identifying a motor vehicle or motor vehicle part.

Vulnerable road user means a person utilizing the roadway for travel including:

1.

A pedestrian, a runner, a physically disabled person, a highway construction or maintenance worker, tow truck operator, a utility worker, or any other worker with legitimate business in or near the road or right-of-way, or a stranded motorist or passenger, or one assisting or providing aid to a stranded or injured motorist;

2.

A person on horseback;

3.

A person operating equipment other than a motor vehicle, including, but not limited to, a bicycle (including an electric bicycle), tricycle, hand-cycle, moped, horse-drawn conveyance, skateboard, roller-blade, roller-skate, or a person operating a power chair/wheelchair, EPAMD, LSVs, manual scooter, hoverboard or skateboard, legally operable on public streets.

(Ord. No. 2016-1, 4-12-16)