From The Florence County Sheriff’s Office
On May 18, 2026 Governor McMaster signed into law S.C. Code Ann. 56-2-5000 regulating the use of Utility Terrain Vehicles (UTVs). The new law defines a UTV as a “side by side, four-wheel drive, off road vehicle intended to transport individuals, cargo, or both with a top speed over fifty-five miles per hour.” The definition also requires that the UTV have an engine of at least 450 cubic centimeters, a width of eighty inches or less, designed to travel on 4 or more wheels, using a steering wheel for control, non-straddle seats and a Gross Vehicle Weight Rating of not more than 4000 pounds. On the effective date of the Act, a vehicle meeting this description can be operated on most public highways, subject to the following restrictions:
WHO CAN OPERATE OR RIDE?
• On a public highway, the operator must be at least 17 years of age and must have a valid SC Driver’s license in possession. A person with a beginner’s permit (even with an adult present), moped operator’s license or a temporary alcohol license may not operate the UTV on the roadway.
• The UTV must have a license plate, registration certificate and proof of insurance when operating on the roadway.
• The person operating the UTV on a public highway and any passenger must wear a fastened safety belt.
• A child under the age of 8 years is not permitted to be a passenger in a UTV on the public roadway.
• Any person under the age of 21 years operating or riding as a passenger in a UTV on a public roadway must wear a helmet with a face shield.
REQUIRED UTV EQUIPMENT
In order to be operated on a public roadway, the UTV must be equipped with the following:
• Type 2 seat belt assembly installed at each designated seating position.
• Operable headlights, brake lights, taillights and turn signals.
• Must not have a modified exhaust system which causes the operation of the UTV to be louder than the manufacturer’s original equipment.
WHERE CAN THE UTV BE OPERATED?
• A UTV cannot be operated on any interstate highway.
• The Department of Transportation may prohibit the operation of UTVs on any highway in the interest of public safety.
• A municipality or county within its unincorporated portions may by ordinance restrict the hours, methods and locations of UTV operations, provided that the UTVs may only be operated on a highway where the speed limit is 55 miles per hour or less;
• A municipality or county within its unincorporated portions may by ordinance permit the operation of UTVs at night, provided that the UTVs may only be operated on a highway where the speed limit is 55 miles per hour or less;
• In the absence of such an ordinance, the UTV can be operated only on a secondary highway where the speed limit is 55 miles per hour or less.
• The UTV can only be operated within 10 miles of the address on the registration, or only within 10 miles of a point of ingress or egress of a gated community if the registered address is within the gated community.
• The UTV may cross a highway at an intersection where the speed limit is more than 55 miles per hour.
The above is a summary of the new law. Reference is craved to the actual text for a more complete description of its terms and restrictions. This Act does not become effective until 6 months following the approval by the Governor, which will be November 14, 2026.
