Be Informed On South Carolina Bicycle Laws
While the bicycle has a long and storied history in South Carolina, bicycle laws are a relatively new phenomenon. Or, more accurately, laws governing bicycles have changed over time as more people begin to use bicycles on our roadways. Few South Carolinians used bicycles as their primary form of transportation. As more people choose to commute and run errands by bicycle- rather than by car or truck – we see increasing enforcement of bicycle laws, including laws that incorporate bicycle riders as part of cars and trucks on the roadway. Generally speaking, South Carolina law provides that a "person riding a bicycle . . . is subject to all of the . . . rules governing . . . the operation of vehicles" on the roads. The law also requires any bicycle operating on a roadway, whether in the presence of motor vehicles or not, to have proper safety equipment (headlights, taillights, reflectors, bells, etc.); however, no bicycle, regardless of whether it is being used on a roadway or not, is required to be registered, licensed, or insured. Most cities or counties in South Carolina have additional ordinances concerning bicycles, and ordinarily , local police will enforce those ordinances along with the state laws. Bicycles may be ridden on any roadway in South Carolina except where prohibited by local ordinance or the South Carolina Department of Transportation (SCDOT) because of hazardous conditions present within the roadway. SCDOT has "prohibited" riding bicycles on 77 miles of roadways around South Carolina. Prohibitions include major highways, bridges over tidal waterways, tunnels under waterways, and a few other areas. State law allows SCDOT to ban riding bicycles on roadways when necessary due to a roadway surface, heavy traffic, or a regular pattern of accidents involving bicycles. In addition to the prohibitively dangerous roadways, South Carolina law encourages the use of bicycles where there are bike lanes and paved road shoulders in order to promote the use of bicycles on the road. All 46 counties in South Carolina permit individuals to ride bicycles on roadways where there are paved road shoulders. This includes much of South Carolina. And where no paved road shoulder exists, South Carolina law provides that cyclists should ride as close to the right side of the roadway as practical, similar to drivers’ responsibilities.
South Carolina’s Required Safety Equipment
Safety Requirements – South Carolina bicycle laws require riders to wear helmets. All riders, even adults, must wear a helmet. The only exception is for persons with a physical or mental condition that prevents him or her from properly fitting or wearing a helmet. The helmet law applies to anyone riding a bicycle, as opposed to only those riding on roads.
In South Carolina, reflectors and lights are required. There is no set size for reflectors and lights. Reflectors and lights must be properly maintained and in working order. The law requires an orange or red reflector taped, glued or sewn prominently and legibly upon the rear of the bicycle. A bicycle also must have a white front light of at least 20 candlepower when used on all roadways.
Bicycles ridden at night without reflectors and lights may be impounded by law enforcement officers.
SC Traffic Laws And Rules For Bikes
Cyclists must follow all standard traffic laws, including stopping on red and proceeding through a green light. When making a right turn on a red light, a bicyclist must stop and yield to cross traffic with a green light. Motorists must yield to bicyclists riding in bike lanes at the same time they are making right turns. According to Section 56-5-210 of the South Carolina code, "A person riding a bicycle upon a roadway at less than the normal speed of traffic at that time of day must, whenever possible, ride as close as practical to the right-hand curb or edge of the roadway except when: (a) overtaking and passing another bicycle or vehicle; or (b) preparing for a left turn; or (c) the right lane of the roadway is a designated bicycle lane." Not all bicycles are vehicles, according to the South Carolina law. For example, bicycles that fit specific criteria–including having an engine of 50 cc or less–are classified as mopeds and not required to follow all traffic laws.
Cyclist Rights And Responsibilities
Bicyclists have both rights and responsibilities under South Carolina law. Most importantly, they are entitled to the entire lane of the roadway, by law. If the lane is a bike lane, the bike lane is extra; it is not the only place for a bicyclist. A car passing a bicyclist will need the entire lane to do so without crossing the double yellow lines.
Now, I’m sure most South Carolinians believe that they are polite. But one thing is clear: courts will hold the bicyclist responsible if there is a crash, regardless of whether the bike rider is the blame. And unfortunately, that’s happened to me before. I was riding when a van passed me just as a car directly across the double yellow line turned left into my lane. The van struck me, breaking my collarbone in two places. The police cited the van driver for passing where he could not do so safely. But when I went to court several months later to enforce the law, the police officer had mysteriously forgotten all about it. I fully expected to prevail, but the case was dismissed and then the court cited me for being in the wrong.
It’s a harsh lesson, learned the hard way. Most people assume the police will do what the law requires – uphold the law – and if they do not, there will be some mechanism to protect the innocent. That hasn’t always proven true in my experience. South Carolina does not treat cycling the same as driving a car. But whether or not it is (legally) treated the same is not really my point. In my world, morality and legality do not always sync up in the ways you’d expect.
Anyway, regardless of whether the road will treat the biker well when the police are involved, I can assure you that there are lots of places that most bicyclists know right off the bat are unsafe. Bicyclists should never ride down:
In fact, the cyclist in California who was killed a few years back by a bus was also targeted by police officials. All of this just shows us that people don’t seem to understand the law, bikers should know where it is safe to ride, and that the police and legal system could use a little more training on the law and its application to bicycles.
When it comes down to it, cyclists have the same rights as cars by law. That means that if you experience an "almost" right hook, you’re fully within your rights to ride on the yellow line, making the motorist choose whether to pass or to get stuck behind you. More importantly, you simply cannot allow yourself to get put into that position. The law allows for you to choose the safest route for you, and you should be inside the yellow line any time you feel at risk of having a car move into your lane.
Bottom line: you must know the law and how it works if you want to have a good day on the road.
Violations And Penalties
Both minors and adults can be subject to penalty and fines for violations of SC bicycle laws. Financial penalties arising from a violation of any of the statutes in Chapter 4, Title 56 were set by the legislature and currently include: Underage riders can incur the same financial penalties as adult riders. However, there are other significant differences in the penalties for minors that might include the following: There are some offenses that are subject to fine, but don’t have a specific penalty prescribed . Depending on the severity of the offense, offenders could face maximum fines of $150 and/or 30 days in jail if they plead guilty. The District Court also has jurisdiction over civil violations relating to bicycle laws. Penalties here do not involve spending time in jail and could amount to $25 plus court costs. Additional financial penalties could arise from a serious crash. In situations where a bike crash turns deadly, penalties for violating certain statutes increase. If a crash is determined to be the fault of the driver or cyclist who violated the statute, the maximum fines increase to $10,000 plus restitution.
Legal Changes And Updates
While the bicycle laws in South Carolina are relatively straightforward, they are subject to change. The most recent changes to South Carolina bicycle laws occurred in 2016. In that year, lawmakers removed the requirement that a motorist give a three feet distance to a cyclist when passing. In other words, cyclists previously had the right to three feet distance or the length of the motor vehicle, which in some cases would’ve been the entire lane. By removing the requirement that a motorist give the cyclist the lane or three feet, the lawmakers have made the road less safe for cyclists.
While the three-foot law had been in the books offering more protection to cyclists since 2010, an amendment stripped it from the books effective May 27, 2016. The reason for the removal by legislators was unclear. There was no word on why the lawmaker took a step backward in 2016. As part of the revision, motorists will now have to operate their vehicles within one foot of the left edge of the roadway and must be traveling at a speed as best as possible without interfering with the movement of a person riding a bicycle on the roadway. Based on statistics you could make the argument that the lawmakers brought this change about because of the number of fatal accidents involving a motor vehicle and a bicycle. The number of cyclist fatalities from 2011-2015 went from 19 in 2011 to 35 in 2015 while pedestrian deaths were going down from 114 in 2011 to 114 in 2015. It is clear that lawmakers care more about cars than they do other users of our roadways. Cyclists should feel free to contact lawmakers and express their displeasure with the amendment. Lawmakers promised to take up the issue again in 2017 as there is a pending bill that did not make it out of committee. H. 4701 is still a pending bill in the House and it simply calls for reinstating the requirement that motorists leave a 3 foot spacing for bicycles. Completing this bill will simply bring us back to the coverage available in 2010. It is a good first step in helping legislators understand the problems we face on our roads.
Advocacy And Resources
Staying apprised of South Carolina’s nuanced bicycle laws is essential to safe riding. Ensuring that you understand the full scope of your rights will help you defend them effectively should the need arise. In addition, the pursuit of better, safer cycling laws is at the heart of the mission of many, if not most, cycling advocacy groups. An effective way to serve your needs, as well as to serve the greater good, is to support and get involved with local organizations such as: Charleston Moves: Founded in 2013, the mission of Charleston Moves, a non-profit 501(c)(3) organization, is "to move Charleston towards a more connected future for people, bicycles, and transit." Among its many objectives, Charleston Moves player a key role in creating Charleston, SC’s first-ever bike ordinance regarding the safety of cyclists sharing the road. League of American Bicyclists: Founded in 1880 , this is the nation’s oldest bicycling and advocacy group. The League works with biking groups across the country, and their website features a directory of local biking groups by state. Bike Walk Greenville: Founded in 2012, the mission of this non-profit organization "is to partner with citizens, planners, and elected officials to create a more walkable, bike-friendly region through education, encouragement, engineering and events." South Carolina House of Representatives: Each cycling district will have its own representative, all of whom are on the site. View details on how to contact yours, and learn about recent legislation passed. State of South Carolina: This is the Government’s official portal, featuring online services, a directory of state agencies, and information about taxes, health and human services, travel and recreation, and more.