Could South Carolina police cite road users or parents for gasoline or electric scooter riding?

Plain-English summary

A Spartanburg County sheriff's captain asked which laws might apply when children rode gasoline or electric scooters on roads. The Attorney General said no statute specifically covered the scooters in 2004. It generally agreed that motor-vehicle rules on unlicensed driving, unregistered vehicles and insurance could arguably apply. It also said provisions addressing an owner or parent who allowed an unauthorized minor to drive could arguably be cited. The letter emphasized that the fit was uncertain without a court ruling and called for legislation addressing powered scooters expressly.

Currency note

This opinion was issued in 2004. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Did the AG identify a scooter-specific road offense?
A: No. It evaluated existing motor-vehicle provisions because no specific scooter statute appeared to apply.

Q: Could the driver-licensing and registration rules apply to powered scooters?
A: The AG said the self-propelled vehicle definitions appeared to cover them, making those rules arguable grounds for enforcement on highways.

Q: Could a parent or owner be cited for letting a minor ride?
A: The opinion said the cited statutes about knowingly permitting an unauthorized driver could arguably cover a powered scooter. It did not present the issue as settled law.

Background and statutory framework

The captain proposed warning riders and vehicle owners first, then issuing citations for later incidents. The AG reviewed the proposed provisions on licensing, registration, insurance and permission to drive. It noted that the Department of Public Safety did not then register powered scooters, but regarded that fact as not necessarily removing the statutory registration requirement.

Citations

• Section 56-1-440
• Section 56-1-20
• Section 56-3-110
• Section 56-10-10
• Section 56-1-480
• Section 56-1-490

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/june-28-2004/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/04june28foster.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
H ENRY MCMASTER
ATTORNEY GENERAL

June 28, 2004

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Captain Tim Foster
Spartanburg County Sheriffs Office
P. 0. Box 771
Spartanburg, South Carolina 29304

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Dear Captain Foster:
In a letter to this office you referenc.ed the problem of children riding gasoline and electric powered scooters in your area. You have forwarded a proposed list of possible offenses to be cited for instances of children riding these types of powered scooters on the roadways.

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I have reviewed your proposed bst of offenses and am generally in agreement with your recommendations. Based upon my review, it does not appear that there are any statutes which cover the referenced scooters specifically. As a result, other statutory penalties must be construed as to their applicability to the situation. However, inasmuch as there is some arguable ambiguity as to a statute's applicability, until a court rules specifically on the issue, 1 cannot conclude that the issue is free from doubt. You indicate that as to individuals sixteen years of age and up who drive a powered scooter on a roadway, you would issue the driver a warning and then, for subsequent incidents with the same driver, a citation would be issued. You indicated that you would first issue a warning pursuant to S.C. Code Ann. Section 56-1-440 (Supp. 2003) if that individual does not have a driver's license. Generally, pursuant to S.C. Code Ann. Section 56-1-20 (1991 ), no individual, unless otherwise exempted, shall drive a motor vehicle on a roadway in this State unless properly licensed. Section 56-1-440 provides that "a person who drives a motor vehicle on a public highway of this State without a license in violation of Section 56-1-20 is guilty of a misdemeanor...." The tenn "motor vehicle" for purposes of such statutes is defined by S.C. Code Ann. Section 56-1-10 (Supp. 2003) as " ... every vehicle which is self-propel1ed, except ' moped ' as defined in Article 9 of this chapter, and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails." Such definition would appear to include a gasoline or electric powered scooter. Therefore, Section 56-1-440 would appear to be applicable to the situation where an individual, required to be licensed, has no driver's license and drives a powered scooter on a highway. You next indicated that you would issue a warning pursuant to S.C. Code Ann. Section 56-3110 (1991) if the powered scooter had no license. Pursuant to such provision,

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POST OFFICE Box 11549

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fACStMlLE: 803-253-6283

Captain Foster
Page2
June 28, 2004

Every motor vehicle... driven, operated or moved upon a highway in this State shall be registered and licensed in accordance with the provisions of this chapter. It shall be a misdemeanor for any person to drive, operate or move upon a highway or for the owner knowingly to permit to be driven, operated or moved upon a highway any such vehicle which is not registered and licensed and the required fee paid as provided for in this chapter.

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For purposes of such provision, the term "motor vehicle" is defined by S.C. Code Ann. Section 56-320 (Supp. 2003) as "every vehicle which is self-propelled, except mopeds, and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails." Again, such definition would appear to include a powered scooter and, therefore, the provisions of Section 56-3-110 would appear to be applicable. While it is my understanding that the Department of Public Safety does not presently register and license powered scooters, nevertheless the requirement of Section 56-3-110 for registration and licensing in order for a motor vehicle, which would include a powered scooter, to be operated on the highway would apparently remain. You also indicated the consideration could be given to a charge if the vehicle was not insured. Pursuant to S.C. Code Ann. Section 56-10-10 (Supp. 2003), "every owner of a motor vehicle required to be registered in this State" shall maintain insurance. Again, such provision would appear to be applicable to a powered scooter inasmuch as it is within the definition of a "motor vehicle". Again, there is the issue of the Department of Public Safety not presently registering and licensing these types of scooters, but this apparently does not detract from the statutory requirement of requiring insurance for motor vehicles required to be registered.

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As to individuals under sixteen years of age driving a powered scooter on a roadway, you indicated that you propose to issue a warning pursuant to S.C. Code Ann. Section 56-1-480 (1991) to the vehicle owner or parent for allowing the operation of the scooter. Such statute provides No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven upon any highway by any person who is not authorized to do so by this article or in violation of the provisions of this article. You also indicated that you would issue a warning to the vehicle owner or parent pursuant to S.C. Code Ann. Section 56-1-490 for allowing a minor to drive a powered scooter in such circumstances. Such provision states: No person shall cause or knowingly permit his minor child or ward to drive a motor vehicle upon any highway when such minor child or ward is not authorized under this article or in violation of any of the provisions of this article.

Captain Foster
Page 3
June 28, 2004

Again, a powered scooter would apparently be included within the definition of "motor vehicle" as defined by s'ection 56-1-10 for purposes of such provisions. As a result, I agree that such provisions could arguably be cited for such violations. Consistent with my opening comments, this is an area that would best be served by legislative amendment specifically addressing powered scooters. However, pending such amendment, the statues referenced above could be arguably be used to address the problems of gasoline or electric powered scooters being operated on highways in this State. Sincerely,

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Charles H. Richardson
Senior Assistant Attorney General
REVIEWED AND APPROVED BY:

!lJ~, 6fC-Robert D. Cook
Assistant Deputy Attorney General

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