South Carolina’s highest court has ruled that the City of Myrtle Beach can no longer issue helmet law tickets because the City did away with the administrative court set up to hear the cases.
Late last year, Chief Justice Toal sent out a memo to all South Carolina City and County officials calling “administrative courts” repugnant and told the officials they would not be allowed to continue.
Because Myrtle Beach has discontinued the administrative court, the Supreme Court said ” the City Helmet Ordinance fails under implied field preemption due to the need for statewide uniformity and therefore issue a declaratory judgment invalidating the ordinance,” the Supreme Court’s opinion states. “Moreover, we hold that certain motorcycle ordinances were impliedly repealed by the ordinance repealing the administrative hearing system.”
It was not immediately clear how this ruling affects those who have been issued tickets or have already paid the fine.
The city admitted that it enacted the 15 ordinances (including the helmet law) to discourage motorcyclists from attending the semi-annual rallies and the attendance has declined substantially as a result.
This means the City of Myrtle Beach can no longer issue tickets for riding a motorcycle without a helmet.

http://www.usridernews.com/2010/06/0...ch-helmet-law/

 

They ought to have to refund with interest all the the tickets they gave out!!!!!

 

Great News! Any time the higher courts do ANYTHING to help protect our rights is a good day.

As far as the city of Mytrle Beach goes... I have absolutely no desire to go and spend a dime in that city. They get what they deserve. You know the whole area dearly misses the revenue, and the local goverment has to miss the added tax revenue.

 

Thanks for the info, We were down this past May Rally and stayed at Murrells Inlet. Lot's of riders north and south. Lot of area People pi$$ed with the City. I saw the police stop a lot of people,but not a single Motorcycle. All were local cagers! Kinda nice to ride south to north and back without sitting in traffic.

 

My wife and I know a person who suffered a fractured skull because of not wearing a helmet in Milwaukee. We always wear our helmets now regardless of the local laws. This practice paid off in Sturgis, SD two years ago. Since we always wear our helmets, it matters not to us what SC does.

 

What were the other 14 new laws?

 

Wearing your Helmets all the time must save on haircuts?Attachment 121547

 

Really a mute point now. As far as I'm concerned they accomplished what they set out to do. I never thought much of their "bike Week", anyway and have no intention of going back. But, that's my opinion. The lack of attendance has clearly demonsrtated people can find alternatives. Other places are more than happy to host bike events and take in the resulting monies. Myrtle beach can become the haven for old golf ball chasing, cart riding Arnold Palmer wannabe's that it so obviously desires to be. Guarantee you, they don't spend nearly as much money as a bunch of bikers.

 

Was with you 100% right up until the end. Being a reformed golfaholic I know even the old geezer groups can drop some cash chasing that little white ball.

But why not have cash from both? None of my $$ will be flowing there.....law revoked or not. They have shown bikes are not welcome, why the Hell would I want to go there with so many other places to ride.

 

That's great news, to bad i just moved from NC!