SC Supreme Court repeals Myrtle Beach helmet law

Posted on Jun 08, 2010

The South Carolina Supreme Court has ruled that the helmet law enacted by the city of Myrtle Beach in 2008 is invalid because it is superseded by state law.

All ordinances made in 2008 meant to discourage bike rallies, numbers 2008-61-67, were repealed by administrative court hearing. Except 61 and 67 regarding the parking of trailers in streets and partying in parking lots, which were made into misdemeanors and allowed to stand.

The helmet law repeal takes effect immediately. All pending tickets are now dismissed and all prior records of helmet law violations are expunged. Fines paid are to be returned to the citizens who paid them.

The law generated multiple law suits claiming the ordinance was invalid because it would supersede state law. The state law states that individuals younger than 21 must wear a helmet while riding a motorcycle, but dictates no such requirement for individuals older than 21.

The goal was to push rallies outside the city limits. Attendance in May motorcycle rallies have been low since the ordinances were passed. Mayor John Rhodes of Myrtle Beach remains confident that despite the court's ruling, the city's message regarding bike rallies will remain clear.