South Carolina Lawmakers Look to Close Moped DUI Loophole

A Senate panel moved to close a loophole this week in South Carolina law that seems to allow moped operators to drive while intoxicated.

“A person can be literally falling drunk and be riding a moped down the road, which is terribly dangerous,” said Sen. Greg Hembree, R-North Myrtle Beach, after his Senate Transportation subcommittee passed the measure seeking to bar such activity.

“They can’t get arrested for (driving under the influence), so they can’t be charged with DUI, so they get sort of a free pass,” he said.

The measure defines mopeds as motor vehicles, which makes them subject to the same safety laws as cars and motorcycles.

The problem developed several years ago with a change in the South Carolina code. Because of this, some judges haven’t pressed ahead with DUI charges involving mopeds.

“There is a glitch in the law,” Hembree said. “It does close this loophole.”

The measure now goes to the full Transportation Committee. Hembree said if there are no changes by the committee or the Senate, it could go to Gov. Nikki Haley for her signature after passage.

Other senators said they want more information before moving ahead on a number of other bills that would add restrictions on operating the small-wheeled vehicles.

Several senators agreed there should be a way to define exactly what a moped is, whether by describing the size of its motor or through other means.

Other bills under consideration require riders to wear reflective vests, have a flashing light on the vehicle or operate only on certain parts of the roads. Some bills deal with registration, insurance and licensing.

“I’d like more information from the manufacturers,” said Sen. Daniel Verdin, R-Laurens, in particular asking whether a flashing light comes with most of the small vehicles or if it would have to be added.

Hembree said the subcommittee will hear testimony from many interested parties in several weeks on the other measures dealing with mopeds. He said the panel approved the definition regulation to move ahead on the DUI problem first.