South Carolina

Recent Legislative Action

2009

H3109: Bans child riders under age 8, requires age-appropriate sized vehicles for minors, requires all born after 1/1/94 to get safety certificate, bans riding on paved roads, under the inlfuence or in a reckelss manner (1/13/09: Referred to Natural Resources Committee)

H3681: "Chandler's law" - require all riders under 15 to take safety course, and sets age-appropriate sized vehicle regulations (4/21/09: Passed House)

2008

H4342: Requires a driver's license or permit to ride an ORV, on penalty of vehicle confiscation and a fine (1/8/08: Referred to House Natural Resources Committee)

2007

S812: Requires all ATVs sold in the state to contain specific safety warning labels (6/7/07: Sent to Transportation Committee)

S348: "Chandler's Law" requires riders under 16 years old to complete safety courses and ride age-appropriate vehicles (5/29/07: Governor's Veto Sustained)

Community Voices Demand Action in South Carolina

South Carolinians

• "The law is designed to provide legal recourse for property owners who are tired of having their land ravaged by ATV enthusiasts. The landowners also complain about the noise created by the vehicles property owners should not be forced to allow their land to be used with no restrictions for the recreation of ATV riders. People have a right to use their property as they see fit, and that includes keeping ATVs at bay. -- The Herald Editorial Board, "ATV rules needed", The Herald (9/12/08)

• "People certainly have a right to have ATVs. They just don't have the right to drive them on other people's property without asking for permission." -- Tom Smith, York County Councilman, "Landowners push ATV law", The Herald (9/8/08)

• "It's been a big problem for us for many years now...I've been to scenes where bodies have been decapitated because they were riding on someone else's property and didn't know the layout or boundaries, didn't know the fenceline and ran up under a steel cable." -- Captain Allen Brandon, York County Sheriff's Office, "Landowners push ATV law", The Herald (9/8/08)

• This property has been beaten so bad that it is an eyesore for anyone coming into Carolina Lakes. We have residents who work really hard to keep our entrance attractive, then you come in a few hundred yards and see this mess. I feel this will deter anyone from wanting to purchase a home in this area. Who will want to have to live with this dirt and noise in their backyard? We have lived in Carolina Lakes for 16 years and have had to deal with this mess for at least seven of those years. For you newcomers, it used to be beautiful. I just do not see where the idea came from that ATV and dirt bike riders have the right to destroy this property and keep residents from their own backyards, or being able to relax and read a book in their own home. We, as taxpaying citizens, must find a way to give the county or the state police power to monitor the use of ATV and dirt bike riding on unused property in a residential area." -- Sylvia Randall, "ATV riders, dirt bikers don't respect neighbors", Myrtle Beach Sun News (1/12/07)

• "It's absolutely disturbing the degree of injuries that occur with ATVs. These kids come in and they are maimed." -- Dr. Fred Tecklenburg, Pediatric ICU Physician at the Medical University of South Carolina, "Sanford's ATV veto stands", The Post and Courier (5/7/07)

Examples of Recent ORV-Related Law Enforcement Activity

Source: United States Forest Service

2008

• Francis Marion & Sumter NF's - On 2/29, an LEO on the Enoree RD along with a South Carolina DNR officer located two vehicles parked in front of a barricade on a closed road. One vehicle had a trailer attached and numerous sets of ATV tracks led from the trailer onto the closed road. The officers remained in the area and eventually heard several ATV's on the closed OHV trails. An hour later, four ATV's returned to the vehicles. The LEO issued violation notices to three drivers for operating on the trails during the seasonal closure. The DNR officer issued the fourth driver a state citation for operating on a closed road along with a warning for possession of alcohol on WMA lands.

• Francis Marion & Sumter NF's - On 3/29, an LEO observed four individuals ride ATV's on an OHV trail and then enter into the trailhead parking area on the Enoree RD. The LEO contacted the riders and determined they had not paid the required trail pass fee. The LEO issued a violation notice to each of them.

• Francis Marion & Sumter NF's - On 2/23, an LEO and South Carolina DNR officers conducted a saturation patrol in an area of heavy illegal off-road activity on the Long Cane RD and located a vehicle parked near one of the off-road areas. The LEO's contacted the vehicle's occupants and saw an open bottle of liquor along with two shot glasses on the console of the vehicle. The two occupants were cited for underage possession of alcohol.

• Francis Marion & Sumter NF's - On 2/2, an LEO utilized an ATV to patrol an OHV trail on the Francis Marion NF and issued 19 violation notices and 8 warnings for ATV related violations.

• Francis Marion & Sumter NF's - On 11/15, an LEO responded to a motorcycle accident on the Enoree OHV trail on the Enoree RD. The 15 year-old rider admitted that he was going too fast on the trail when he wrecked his motorcycle and suffered a broken leg. The boy was transported by his father to a hospital.

• Francis Marion & Sumter NF's - On 11/23, an LEO and EMS personnel responded to another motorcycle accident on the same trail. The rider stated that he had lost control of his motorcycle and went off the trail. The motorcycle hit one tree and he hit another. He suffered a broken leg and was transported to a hospital.

• Francis Marion & Sumter NF's - On 11/23, an LEO located several ATV riders riding off the designated trail near an NFS Road on the Long Cane RD. The riders were within 15 feet of a sign prohibiting ATV's and were riding in a mud hole near railroad tracks. The LEO issued violation notices for operating off the designated trail.

• Francis Marion & Sumter NF's - On 9/29 an LEO at a motorcycle trailhead on the Wambaw RD noticed several empty OHV trailers and trucks without trailers. The LEO also noticed several beer cans on the trailers. The LEO later observed red lights from the OHV's along the power lines off the designated OHV trail. The LEO walked about a mile to their location and issued six violation notices for operating OHV's off the designated trail, one violation notice for resource damage, and a state citation to a minor in possession of beer.

• Francis Marion & Sumter NF's - On 7/7, an LEO on the Long Cane RD responded to an accident on an OHV trail. The operator attempted to jump his ATV over a water bar and lost control of the vehicle. Another member of his group then hit him with his ATV. The LEO assisted EMS personnel transport the victim to a helicopter and he was airlifted to a local hospital.

• Francis Marion & Sumter NF's On 4/7, an LEO stopped a group of OHV riders on an NFS Road on the Wambaw RD. While questioning the group, the LEO could smell the odor of alcohol from a man who was operating an ATV. The man was uncooperative and was eventually arrested for disorderly conduct. During transport to jail, the man became verbally abusive toward the LEO and kicked the patrol vehicle's cage several times. Upon arrival, the LEO needed assistance from several jail personnel to bring the man into the booking room.

• Francis Marion & Sumter NF's On 4/1, an LEO on the Long Cane RD investigated a fire on a NFS Road that burned approximately 15 acres. The fire was determined to have been caused from a warming fire possibly built by a fisherman in the area. While on the fire, the LEO received a report of ATV riders on the road near the intersection of two NFS Roads. The LEO located the ATV riders and issued three citations for the illegal operation of ATV's on the roadway.

• Francis Marion & Sumter NF's On 4/7, an LEO on the Long Cane RD was flagged down by a motorcycle rider who worked as a volunteer and had just witnessed ATV's in a mud hole near the Cedar Springs OHV Trail. The LEO responded to the location and observed four ATV riders drive off the trail. Three of the riders drove their ATV's into the mud hole and began tearing up the area while the fourth rider watched. The LEO contacted the individuals and issued four citations for operating ATV's off the designated trail. The particular area of the trail has several signs indicating no ATV operation permitted.

• Francis Marion & Sumter NF's - On 12/14/06, an LEO and a South Carolina DNR Officer patrolled the Cedar Springs OHV Trail on the Long Cane RD to assess the area for resource damage. The officers contacted and stopped a hunter for riding an OHV on a closed roadway and for failure to pay trail fees. On 12/16/06, an LEO, EMS, Abbeville County SD and Long Cane VFD personnel responded to an OHV accident on the FS trail where a 19 year-old woman suffered a broken collarbone and fractured vertebrae. The victim was airlifted to a nearby hospital and is expected to recover from her injuries.

Recent ORV-Related Media Coverage