Harvey Peeler

A bill to ensure the safety of passengers riding on miniature trains in South Carolina passed the Senate unanimously today. Called “Benji’s Law,” it was lead-sponsored and submitted by Senate Majority Leader Harvey Peeler in response to the tragic train derailment at Cleveland Park in Spartanburg County in March. A six-year-old Cherokee County boy, Benji Easler, died in the accident.

“To be able to introduce this bill so late in the session and get it passed so quickly is a fitting tribute to Benji, and the other children and parents on the train that day,” Peeler said. “Parents shouldn’t have to worry about the safety of their children on kids’ rides, and children shouldn’t have to worry about their own well being just to have a good time.”

Peeler was able to get the bill fast-tracked, recalled from the Senate Labor, Commerce and Industry Committee and placed on the calendar for the last day of this year’s session. For most other legislation filed in May, the possibility of getting passed by either chamber was close to nil. The need for something to be done, and done quickly, to prevent such disasters in the future moved senators to act.

“I want to make sure to thank my fellow senators for assisting in passing this bill, and hopefully no other families in our state have to go through something like this again,” Peeler said.

The bill would ensure:

* The ride must have a properly operating speedometer.

* The ride must have a device that allows the speed of the train to be regulated and the speed of the train must be set so as to only operate at or below the maximum speed recommended by the manufacturer.

* All drivers operating the ride must be trained to operate the ride in accordance with the manufacturer’s operation recommendations; a training record for each driver must be maintained by the owner or operator of the ride as long as the driver is employed by or operates the train on behalf of the owner or operator; and each driver must be tested by the department before the driver is authorized to operate the train; a driver employed to operate the train, or who will operate the train on behalf of the owner or operator, subsequent to the department issuing the permit or renewal permit does not affect the validity of the permit, so long as the driver does not operate the train until the driver has been tested by the department.

* The ride must be inspected mechanically, including, but not limited to, a speed test of the train to ensure that the train is operating in accordance with the speed governor, and in accordance with this chapter or regulations promulgated pursuant to this chapter, but in no case less than an annual inspection.