South Carolina · S.222 / Act 164

Street-legal UTVs (S.222, Act 164): what SC requires to drive a side-by-side on public roads starting Nov. 18

Published October 18, 2026 · Last updated October 18, 2026

What it does

The act adds a new Article 5, “Utility Terrain Vehicles,” to Chapter 2 of Title 56 of the S.C. Code and sets rules for registering and driving UTVs on public highways and streets. (Act No. 164, title and Section 1)

What counts as a UTV. The act defines a UTV as a side-by-side, four-wheel drive, off-road vehicle intended to carry people, cargo or both, with a top speed over 55 miles per hour, at least 450 cubic centimeters, 80 inches wide or less, a steering wheel, a nonstraddle seat, and a gross vehicle weight rating of no more than 4,000 pounds. (§ 56-2-5000)

Getting road-legal. To drive a UTV on a public highway, the owner must (§ 56-2-5090):

• have a certificate of title from the Department of Motor Vehicles (the title carries an “off road use only” brand);
• show proof of ownership and liability insurance and pay a $10 fee every two years;
• register it the same way as a passenger vehicle; and
• put the license plate on the rear of the UTV where it can be seen.

Required equipment: a Type 2 seat belt assembly (meeting 49 C.F.R. 571.209) at every seat, plus working headlights, brake lights, taillights and turn signals. (§ 56-2-5060) It is unlawful to drive a UTV on a road if a modified exhaust makes it louder than its manufactured design. (§ 56-2-5020(C))

Who it affects

• UTV owners who want to drive on public roads. The Department of Public Safety says owners do not have to register or insure a UTV if they do not plan to drive it on public roads. (SCDPS, UTV Law)
• Drivers. A driver must be at least 17, hold a valid driver’s license that allows driving at any time, and carry the registration certificate, proof of insurance and the license. (§ 56-2-5010) People with only a beginner’s permit, a moped license, a temporary alcohol license, a route-restricted license, a provisional license, or only a motorcycle license may not drive a UTV on a public highway. (§ 56-2-5020(A)–(B))
• Passengers. A child under 8 may not ride in a UTV on a public highway. (§ 56-2-5030) Every driver and passenger must wear a fastened seat belt. (§ 56-2-5050) Anyone under 21 driving or riding must wear the protective gear described in Sections 56-5-3660 and 56-5-3670 (§ 56-2-5040), which for motorcycles means an approved helmet with a neck or chin strap and goggles or a face shield. (§§ 56-5-3660, 56-5-3670)
• Farmers. A farmer with a valid SCATE card from the S.C. Department of Agriculture and a valid driver’s license may operate a UTV or similar vehicle with a top speed under 55 mph “without restriction” within 10 miles of the farmer’s agricultural operation. (§ 56-2-5140, Act Section 4)
• Cities and counties, which get new local options (see below). (§ 56-2-5100)
• UTV dealers and manufacturers. A dealer is not liable for injury, death or property damage from road use of a UTV that is not designed for public roads; a manufacturer of UTVs not intended for road use is not liable unless a defect existed when the product left its control and caused the damage. (§ 56-2-5130) The DMV says dealers may not use their dealer number for UTV sales, and UTV sales will not be authorized through its Electronic Vehicle Registration program. (SCDMV news release, Aug. 17, 2026)

What it means for you

• Where you can drive. If your city or county has not passed its own UTV ordinance, a registered UTV may be driven only on a secondary highway with a speed limit of 55 mph or less, only within 10 miles of the address on the registration (or within 10 miles of an entrance to a gated community if that address is inside one), and may cross a faster highway at an intersection. (§ 56-2-5110)
• Never on interstates. The state Department of Transportation may also ban UTVs from any highway for safety. (§ 56-2-5080)
• Local rules can differ. A city, or a county for its unincorporated areas, may by ordinance set the hours, methods and locations of UTV use and allow UTVs at night, but only on roads with speed limits of 55 mph or less. Local governments may not charge any tax or fee to drive a UTV on a public road, and may not require proof of property ownership or a long-term lease to get a local UTV decal. (§ 56-2-5100) The act does not separately spell out nighttime rules for areas without such an ordinance.
• Insurance. UTVs registered for road use are added to the state insurance law’s definition of an “individual private passenger automobile.” (Act Section 3, § 38-77-30) The DMV will classify UTVs as private passenger motor vehicles. (Act Section 5, § 56-3-630)
• Traffic laws still apply. The Department of Public Safety says UTV drivers are subject to general traffic laws, including DUI, speeding, seat belt and hands-free laws. (SCDPS, UTV Law)

Cost and impact

• Registration: $10 every two years, renewed directly with the DMV. Of each fee, $2 goes to license plate production, $4 to the State Highway Fund and $4 to the S.C. Transportation Infrastructure Bank. (§ 56-2-5090(B)–(D))
• Title: the fee in Section 56-19-420 applies. (§ 56-2-5090(A))
• Taxes: UTVs are subject to sales tax, and the owner is exempt from property taxes in the county where the UTV is registered. A registered UTV is subject to the road-use fee in Section 56-3-645 for vehicles powered by electricity, hydrogen and fuels other than motor fuel. (§ 56-2-5070) The DMV says owners must show proof of paid sales tax or pay it at the branch. (SCDMV, Terrain Vehicles)
• The act does not include a state cost estimate.

Golf cart changes (already in effect)

The same act changed golf cart rules, and that section took effect when the Governor signed it on May 18, 2026 (Act Section 6.B):

• Golf cart passengers under 12 must wear a fastened seat belt on public streets and highways, except in a golf course’s own cart used for playing golf on that course. (§ 56-2-90(E))
• Golf carts may be driven on roads within a half-mile of a Division I college athletic event, or an event at a coliseum or arena that holds at least 19,000 people, from three hours before the event until one hour after, if law enforcement is controlling traffic and the cart and driver meet the usual golf cart requirements. At night, the cart must have working headlights and taillights. (§ 56-2-90(F))

Current status

The Senate approved the bill 30–14 on third reading on May 5, 2026. The House amended it and approved it 109–3 on second reading on May 12, 2026, and the Senate agreed to the House amendment 26–18 on May 13. It was ratified May 14 and signed by the Governor on May 18, 2026, as Act No. 164. (Bill history)

What happens next

The act takes effect six months after the Governor’s approval, which the official bill page lists as November 18, 2026. (Act Section 7; bill history) The Department of Public Safety says that until then, driving a UTV on the road “is illegal and subject to citation.” (SCDPS, UTV Law) The DMV’s UTV page explains titling with an Application for Title (Form 400), and its August 17 news release says registrations for street-legal UTVs start in November. (SCDMV, Terrain Vehicles; news release, Aug. 17, 2026)

Sources

• SC Legislature: 2025-2026 Bill 222, status, history and ratified text
• Ratified text of Act No. 164 (Word)
• S.C. Code Title 56, Chapter 5 (Sections 56-5-3660 and 56-5-3670, helmets and eye protection)
• SC Department of Motor Vehicles: Terrain Vehicles
• SC Department of Motor Vehicles: “Registrations for street-legal UTVs starts November” (Aug. 17, 2026)
• SC Department of Public Safety: UTV Law

Legislators connected to this bill

Current members listed as sponsors on the official bill page, or with a sourced public statement about it. Details and sources are on each member page.

SC Senate

• Sen. Everett Stubbs (Senate District 17): sponsor
• Sen. Russell L. Ott (Senate District 26): sponsor

Every statement above is drawn from the official source text linked here; section references are shown in grey. This is a plain-English summary, not legal advice. Spot an error? Tell us.