The Times and Democrat - Chandler’s Law

Rep. Harry Ott said he is prepared to continue fighting for stricter all-terrain vehicle restrictions for children, even though his bill requiring safety courses and gear for them has twice failed to become law.

Gov. Mark Sanford vetoed “Chandler’s Law” on June 13, saying while he agrees that children should be protected, he believes the bill would “impinge on private property rights” and “diminish parental responsibility.” The Senate sustained his veto.

The bill would have required ATV drivers 9-16 years of age to complete a safety education course. Under the bill, no child 8 years of age or younger would be allowed to operate an ATV, and riders and ATV operators 16 years of age and younger would be required to wear goggles and a helmet when on an all-terrain vehicle.

Additionally, riders 16 and younger on public lands across the state would have to be accompanied by an adult, and it would be unlawful to operate an ATV at night unless headlights are used.

Sanford said the bill could give parents a “false sense of security,” would attempt to regulate what people do on their private land, and he disagreed with placing a governmental agency — the S.C. Department of Natural Resources — in charge of the ATV safety course.

“In that vein, I also think it is important that we recognize that, tragic as they may be, accidents happen even under the best circumstances of planning and preparation,” Sanford wrote. “Accordingly, policymakers must target resources to the places they believe will make the biggest difference and balance these decisions against the odds of personal liberty, private property rights and parental responsibility.

“In this instance, I regretfully believe that the benefit to the public falls short of the threshold that warrants an erosion of these core values.”

Ott, D-St. Matthews, who first introduced the bill in January 2004 following the death of 16-year-old Chandler Saylor of Swansea in an ATV accident in 2003, said if the Saylors want to resume the fight, he’s willing to move forward with the ATV safety issue — possibly with modifications — when the legislative session begins in 2007.

“If the Saylors want to pick it up again, and I think they will, then I’ll go forward with them,” he said.

The S.C. House of Representatives overrode the governor’s veto of the bill, but the Senate voted on June 14 to sustain it.

Ott said the one of the main problems several senators had with the bill was mandating goggles for riders 16 and under.

Sen. George “Chip” Campsen III, R-Charleston, said he would have supported the legislation if it were applied only to public property and the scope of protective gear didn’t affect all ATV drivers 16 years of age and younger.

“I know many young kids who drive ATVs responsibly,” he said. “I know 15, 16-year-olds who are capable of operating them responsibly. What about them?

“It’s just kind of overkill, and I think that’s something kids and families can regulate.”

Campsen said there is a huge difference between a boater safety class and an ATV rider course, which he said has been a comparison used throughout the fight for “Chandler’s Law.”

He said boater safety is important because individuals are on a waterway with others, making it the boat operator responsible for themselves and those around them.

ATVs are different in that the actions of a driver usually don’t affect as many people directly, he said.

“They’re not passing people by and endangering other people,” Campsen said.

He added that he would support the bill if the regulations for protective gear and so on applied to public property and races on private land.

“I think the owner of the property, the state, can place that condition on the (public) property,” Campsen said. “Not everyone goes out there racing on ATVs.

“It just seems there ought to be some common ground, but there was no interest in requiring anything less than a helmet, course and goggles. In every instance, you’ve got to have your training. It’s an absolute thing.”

He doesn’t think it’s fair that young people or their parents could be subject to a ticket if young people are “putting along” in a field at 5 or 10 mph transporting deer stands, for example.

“That’s a far cry from motocross (racing),” Campsen said. “You’ve got to be insane not to wear goggles or a helmet or more (when racing). Yet it would be required for every type of person for every type of activity, no matter what they’re doing, and that’s a broad brush to paint everyone with.

“This bill is imposing a requirement on everyone in the state under 16. That’s too much big government.”

Campsen said he could even see the bill being restructured to require certain guidelines for children when they are in the care of someone other than their parents.

“At some point, government ... can be intrusive into people’s lives, and government always paints with a broad stroke,” he said. “It’s just too much.”

Ott said it’s all about safety for him and working to prevent additional ATV tragedies from befalling more families across the state.

“I simply see it as a safety issue, trying to protect children,” he said. “I’m not in favor of any restrictions for older people, but I believe the state has a responsibility to protect young children, which is what this bill was targeting.”

Ott said requiring a course in the safe operation of four-wheelers would make kids — and subsequently their parents — think twice about the vehicles’ proper use and hopefully prevent accidents from occurring.

“We’ve done the same thing with hunter safety, and I think children handle firearms better when they take that course,” he said.

Overwhelming support for the bill, he said, came from Horry County, which suffered an ATV death just weeks before the legislative session ended.

“And I’m sure before we return in January, we’ll read about another child getting killed on an ATV,” Ott said.

Rep. William Witherspoon, R-Conway, said he strongly supported the bill because of its ultimate goal — safety.

“I think it made a lot of sense,” he said. “We have so many young kids riding ATVs.”

Witherspoon said the death of a 14-year-old boy following an ATV accident on his grandparent’s farm in Horry County gave him all the more reason to push for the bill.

“I don’t know whether he was speeding or taking turns too fast,” he said. “But he’s not here anymore, and that’s pretty tragic.

“When you get careless, you get killed or you get hurt. I’m just out to save a few lives. It (the bill) is safety, and I think it made a lot of sense. I think it’s important, but it didn’t pass. We’ll just try again.”

Support for “Chandler’s Law” also came from Honda of South Carolina Manufacturing Inc. in Florence, Ott said, adding that the maker of ATVs wrote letters of support in favor of the bill.

“They’re very supportive in getting safety regulations for children,” he said.

As for the governor’s comments on leaving the regulation of ATVs up to parents, Ott said in a perfect world, he would agree.

“But parents cannot watch their children 24-7,” he said, as in the case of the Saylors, who lost Chandler while he was at a friend’s birthday party. “I just think it’s something that we need as a society.

“Whatever we can do to protect young kids, we need to do it.”

T&D Staff Writer Wendy Jeffcoat can be reached at wjeffcoat@timesanddemocrat.com and 803-534-1060. Discuss this and other stories on-line at TheTandD.com.

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