Can you drive a motorcycle without a license? In South Carolina, all riders must have a valid motorcycle license.
A South Carolina motorcycle accident lawyer can go over the details of your case to see how a valid license affects your injury claim.
How South Carolina Handles Motorcycle Licensing
As with other kinds of motor vehicles, like cars, you need a license to drive a motorcycle except in very specific cases. Obtaining one requires training and testing that is specific to motorcycles. This is designated as a Class M endorsement on a driver’s license in South Carolina.
To obtain this endorsement on your driver’s license, the Department of Motor Vehicles will determine from a demonstration of your driving if you may have a Class M endorsement. But this only comes after you have passed the other tests required for any kind of driver’s license. A basic driver’s license does not, by itself, qualify you to drive a motorcycle legally in South Carolina.
To obtain the basic driver’s license, you will need to pass a few tests, including proving you can actually drive the vehicles you plan to drive while licensed. These tests will include an eyesight test, a test of road signage of all types, and your knowledge of South Carolina’s traffic laws. By passing all of these and demonstrating your ability to operate your vehicle safely, you prove to the state that you are a safe driver to have on the roads, as symbolized by your license.
Ways You Can Drive a Motorcycle Without a License
As stated above, in most cases, you cannot drive a motorcycle without a license. There are a few exceptions to this that you may want to know about before taking your motorcycle on the road. These exceptions range from driving school participation to beginner’s or temporary permits and special statuses.
If you are at least 15 years old, you may obtain a beginner’s permit by passing the licensing tests up to the actual driving test. This will allow you to drive a motorcycle under the direct supervision of a fully licensed driver, according to the South Carolina Code of Laws, Section 56-1-50. These permits last for a year and have a few restrictions related to what time of day you may drive and who is required to accompany you.
If you are at least 15 years old and enrolled in a driving school, either in high school or at a licensed driving school, you may operate a motorcycle without a license or beginner’s permit as long as you are only driving it during the school’s driving courses. The instructor of these courses must be with you at all times. Only having supervision is not enough–you must have either passed the required tests for a permit or be in a licensed driving school.
Penalties for When You Are Caught Driving a Motorcycle Without a License
South Carolina law enforcement wants to make sure that the roads are safe for everyone to use, which means that they will make sure drivers are properly licensed. Since this is a safety concern in the eyes of the law, it is taken as seriously as other crimes that cause harm to others. Penalties for getting caught driving a motorcycle without a license can be quite stiff, depending on how many times you have committed this offense, other offenses you may have committed, and the other circumstances surrounding you getting caught driving without a license.
If it is your first offense and you have not had a license canceled, suspended, revoked, or restricted in certain ways, you could face between a $50-$100 fine or 30 days behind bars. From there, penalties increase if you are a repeat offender and/or your license has been revoked, especially so if other offenses are involved, like being under the influence of drugs or alcohol.
Only accounting for the part of the case involving you not having a license at the time of getting caught, penalties could go as high as a $1,000 fine and up to 3 years in prison.
These penalties apply to all motor vehicles in South Carolina, including motorcycles. You are not immune from penalties if you are from out-of-state or another country. Should either of those factors be the case for you, you must be properly licensed in your place of residence.
Seeking Compensation if in an Accident While Driving a Motorcycle Without a License
Having a license or not does not create immunity from being in an accident while driving a motorcycle. These accidents can cause injury all the same. However, if you were driving a motorcycle without a license when the accident happened, this could affect your ability to pursue rewards for damages you incur.
The court will take into account things like how negligence is established in a motorcycle accident. Since state law treats a driver’s license as a symbol of certification that you are a reasonably safe driver, not having a license can be characterized as not having substantial proof that you are a safe driver. This will put you at risk of penalties for not having a license and for losing your ability to pursue damages.
Because of not having a license while driving a motorcycle during an accident, you are at elevated risk of being pinned with more than 50% fault for the accident. If the court determines this, South Carolina Code of Laws §15-38-15 says you cannot pursue seeking compensation.
How Shelley Leeke Law Firm Can Help Your Case
If you or a loved one have suffered serious injuries in a motorcycle accident, our South Carolina personal injury lawyer can protect your rights and the integrity of your claim. Schedule a free consultation today to discuss the details of your case and the compensation you deserve.
