SOUTH CAROLINA MOTORCYCLE LAWS

In South Carolina, there is a specific set of laws regarding motorcycle owners’ and operators’ rights, duties, and regulations as outlined in Article 29 (Motorcyclists; The Rights and Duties Thereof). Therefore, to lawfully own and operate a motorcycle in South Carolina, you must acknowledge and abide by the following:

Section 56-5-3610 states that all motorcycle riders are granted all the same rights and are subject to the same duties as drivers of motor vehicles. The only exception to this is special regulations or other provisions of law which by their nature would not apply.

Under Section 56-5-3630, an operator of a motorcycle:

• Must only sit on the permanent and regular seat when operating a motorcycle and should only carry another person on the motorcycle if the vehicle is designed to carry more than one person. If so, the passenger must sit on the additional regular and permanent seat on the motorcycle or a seat firmly attached to the motorcycle at the side or rear of the operator. 

• Must operate a motorcycle sitting on the seat, facing forward, with one leg on each side.

• Is forbidden to carry any package, bundle, or other article that prevents them from keeping both hands on the handlebars.

• Is forbidden to operate the motorcycle or carry someone else in a way that will interfere with driving.

• May not attach themselves or their motorcycle to any other vehicle on the road while operating.

As stated under Section 56-5-3640:

• All motorcyclists are entitled to full use of a lane, and no motorist can deny them the full use of a lane.

• An operator of a motorcycle can not overtake and pass in the same lane occupied by the vehicle being overtaken, with police officers in the performance of their official duties as an exception.

• No person should operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, with police officers performing their official duties as an exception.

• There are no more than two motorcycles allowed to ride side-by-side in the same lane.

Per Section 56-5-3650:

• Any motorcyclist carrying a passenger must provide footrests for the passenger, with the exception of those riding in a sidecar or enclosed cab.

• A motorcyclist must not operate their motorcycle without a rearview mirror to provide ample vision of the rearview.

Section 56-5-3660 states that it is unlawful for an operator or passenger of a two-wheel motorized vehicle under age 21 to do so without a proper helmet. Helmets must be approved by the Department of Public Safety and reflectorized on both sides. They must also have either a neck or chin strap.  Riders 21 and over are not required to wear a helmet in South Carolina.

As outlined in Section 56-5-3670, any operator of a two-wheel motorized vehicle under 21 years of age must do so with goggles or a face shield approved by the Department of Public Safety.  Riders 21 and over are not required to do so.

The use of wind screens is described in Section 56-5-3680. The provisions of 56-5-3670 regarding goggles and face shields (listed above) do not apply to the motorcycle operator if the vehicle is equipped with a wind screen that meets specifications established by the Department of Public Safety. 

Section 56-5-3690 prohibits people from selling, offering for sale, or distributing helmets, goggles, or face shields for use by motorcycle operators, or protective helmets for use by passengers unless they meet specifications outlined by the Department of Public Safety.