Chapter 103

103-100. Authorization of Rules. 1. These rules and regulations are promulgated pursuant to the authority vested in the commission by the General Assembly by its enactments contained in Articles 1 to 11 of Chapter 23 of Title 58 of the Code of Laws of South Carolina, 1976. All pr…

103-101. Application of Rules. 1. Jurisdiction. These rules are for general application and therefore shall apply to any person, firm, partnership, association, or corporation which is now or may hereafter become engaged as a motor carrier for hire within the State of South Carol…

103-102. Definitions of Terms. As used herein, the following terms shall be accorded meaning as indicated: 1. Certificated Carrier. ‘‘Certificated Carrier’’ means a motor carrier operating under a Certificate. 2. Certificate. ‘‘Certificate’’ means the certificate authorized to be…

103-103. Regulated Carriers Must Maintain Copy of Motor Vehicle Carrier Law and Commission’s Rules and Regulations. Every motor carrier regulated by the commission shall keep at all times in its principal office in South Carolina a copy of these rules and regulations. Access to t…

103-110. Class ‘‘A’’ Motor Carrier - Certificate. A Class A motor carrier is a common carrier by motor vehicle of passengers, operating over regular routes and upon regular schedules as filed with and approved by the commission. Class A Certificates for the transportation of pass…

103-111. Class ‘‘B’’ Motor Carrier - Certificate. A Class B motor carrier is a common carrier by motor vehicle of passengers which does not propose to operate regularly upon a fixed schedule or route and which only desires to operate over a particular route or routes that are not…

103-112. Class ‘‘C’’ Motor Carrier - Certificate. A Class C motor carrier is a common carrier by motor vehicle of passengers, generally known as ‘‘taxi cabs,’’ ‘‘charter buses,’’ ‘‘charter limousines,’’ ‘‘non-emergency vehicles,’’ and ‘‘stretcher vans,’’ which does not operate ov…

103-114. Class ‘‘E’’ Motor Carrier - Certificate. A Class E motor carrier is a common carrier of property (household goods or hazardous waste for disposal) by motor vehicle including a motor vehicle containing goods packed by a packing service. A Class E motor carrier must obtain…

103-115. Class ‘‘F’’ Motor Carrier - Certificate. A Class F motor carrier is a contract carrier by motor vehicle of hazardous waste for disposal which operates over irregular routes and upon irregular schedules under contract as filed with and approved by the commission and which…

103-120. Motor Carriers Exempt from Economic Regulations. These rules shall not be construed to apply to: 1. Motor vehicles while used exclusively for transporting persons to and from elementary, middle, or high schools, Sunday schools, churches, or religious services, or to or f…

103-122. Further Exemptions. 1. The commission does not have jurisdiction over motor carriers solely: a. Carrying on the business of transporting passengers exclusively within the limits of any municipality in this State for which they have a license to operate within that munici…

103-130. Applications Required. Any person desiring to operate in this State as a motor carrier for hire first shall file an application for the type of certificate needed with the commission on forms to be furnished by the commission. All required information on the application …

103-131. Responsibility Fixed. Applications will not be accepted from two or more persons operating under a trade name unless organized in a manner that will definitely fix responsibility. If a corporation, a photocopy of the corporate charter must accompany the application. HIST…

103-132. Repealed. HISTORY: Former Regulation, titled Publication of Notice of Filing, had the following history: Amended by State Register Volume 17, Issue No. 5, Part 3, eff May 28, 1993; State Register Volume 18, Issue No. 3, eff March 25, 1994; State Register Volume 19, Issue…

103-133. Proof Required to Justify Approving an Application. 1. Household Goods or Hazardous Waste for Disposal. An application for a Certificate or to amend a Certificate to operate as a carrier of household goods or hazardous waste for disposal by motor vehicle may be approved …

103-134. When Hearing May Be Held. 1. If an objection to a motor vehicle carrier Application is filed with the Commission, the Commission must hold a hearing to determine if the Applicant is fit, willing, and able to perform the proposed service. The Commission must publish a Not…

103-135. Sale, Lease or Other Transfer of a Certificate. 1. Application Required. Application for approval of sale, lease or other transfer of a Certificate shall be filed with the commission and served on the ORS. The application forms shall be provided by the commission. No app…

103-136. Repealed. HISTORY: Former Regulation, titled Protest, had the following history: Amended by State Register Volume 12, Issue No. 5, eff May 27, 1988; State Register Volume 19, Issue No. 5, eff May 26, 1995; State Register Volume 22, Issue No. 6, Part 3, eff June 26, 1998;…

103-137. Repealed. HISTORY: Former Regulation, titled Amendments, had the following history: Amended by State Register Volume 12, Issue No. 5, eff May 27, 1988; State Register Volume 19, Issue No. 5, eff May 26, 1995; State Register Volume 22, Issue No. 6, Part 3, eff June 26, 19…

103-138. Restrictions, Limitations, and Terms. 1. Restrictions, limitations, and terms will not be attached to any Certificate unless they are reasonable. 2. The commission is not, and cannot be, bound by restrictions agreed to by the parties unless approved by the commission, an…

103-139. Processing of Application by Applicant. Without good cause shown, any application for a Certificate submitted but not processed in compliance with the commission’s instructions by the applicant may be dismissed or rejected. HISTORY: Amended by State Register Volume 12, I…

103-14. Closing or Discontinuing Depots, Stations and Agencies. Each and every depot, flag stop, station, office and agency, now maintained, conducted or used in South Carolina by any railroad, express or telegraph company doing business in this State, for the transaction of busi…

103-140. Request for Extension to Comply with Commission Order. 1. Applications for extensions shall include the current deadline, requested deadline and reason for extension. 2. Requests for extensions for up to one year to comply with the requirements of a Commission Order will…

103-15. Discrimination. All of the various kinds of tickets that may be on sale at any and all other offices of a given railroad company, in any given town or city, shall likewise be kept on sale at the depot ticket office of such railroad company in such town or city, at the sam…

103-150. Beginning Operations Under a Certificate. 1. Beginning Operations Under a Certificate. a. Registration, Insurance, and Tariffs Required. An Order of the commission, approving an application for a Certificate, or the issuance of a Certificate does not within itself author…

103-151. Registration of Motor Vehicles. 1. Registration and License Fee Required. Before beginning operations as a motor carrier, all motor vehicles to be used in the operation must be registered with the ORS by completing the appropriate forms as provided by the ORS and by payi…

103-152. Registration of Power Units Domiciled in South Carolina by Interstate Motor Carriers of Passengers. Any for-hire motor carrier transporting passengers in interstate commerce which desires to domicile or base any power units in South Carolina, whether owned, leased, or ot…

103-153. Marking or Identification of Vehicles. 1. Marking of Vehicles Required. No carrier regulated by the Public Service Commission shall operate any motor vehicle upon the highways in the transportation of property or passengers for compensation unless the name, or trade name…

103-154. License Decals and Vehicle Permit Cards. All motor vehicles, including substitute or emergency vehicles operated under a Certificate, shall have maintained in such vehicles a permit, if issued by the ORS, and passenger vehicles shall have displayed on the front windshiel…

103-155. Transfer of Certificate Without Commission Approval Prohibited. No certificate or rights thereunder shall be sold, assigned, leased, transferred, mortgaged, pledged, or hypothecated, by the sale of stock or otherwise, unless first authorized by the commission as provided…

103-156. Unauthorized Use of Operating Rights Prohibited. All motor carriers will be held to strict account for the use of their operating rights, and to permit the use of the same by others for the transportation of persons or property for compensation without prior approval of …

103-157. Repealed. HISTORY: Former Regulation, titled Duplication of Authority, had the following history: Amended by State Register Volume 22, Issue No. 6, Part 3, eff June 26, 1998; State Register Volume 32, Issue No. 5, eff May 23, 2008. Repealed by SCSR 49-5 Doc. No. 5242, ef…

103-158. Issuance of Bills of Lading. All holders of Certificates, upon receipt of freight, shall issue and deliver, or cause to be issued and delivered, to the shipper a bill of lading or other documentation approved by the commission. A combination bill of lading and freight or…

103-159. Contents of Bills of Lading. Each bill of lading, via paper or electronic means, shall show at a minimum the following information: 1. The name of issuing carrier; 2. The date the shipment was received by the carrier; 3. The name and address of the consignor/shipper; 4. …

103-162. Bill of Lading to Accompany Shipment. Each shipment by a freight carrier holding a Certificate must be accompanied by the bill of lading relating thereto or some other procedure authorized by the commission. If two or more trucks are used to transport a single shipment, …

103-164. Suspension of Operations. Any suspension of the operations authorized by a duly issued certificate for a period in excess of thirty (30) days may be approved by the commission upon written application of the motor carrier, filed in accordance with 103-830, et seq. Such a…

103-170. Insurance Policy or Surety Bond Required. 1. Before any certificate can be issued and before any motor carrier operations can be conducted thereunder, the motor carrier must provide and have accepted by the ORS evidence of insurance policy or surety bond from an insuranc…

103-171. Filing Evidence of Bodily Injury and Property Damage Insurance Policy, Self- Insurance or Surety Bond. 1. Evidence of Insurance Filed on Form E. Filing evidence of bodily injury and property damage insurance will be made on Form E, ‘‘Uniform Motor Carrier Bodily Injury a…

103-172. Schedule of Minimum Limits. Insurance policies and surety bonds for bodily injury and property damage will have limits of liability not less than the following: MOTOR CARRIERS, KIND OF LIABILITY LIMITS EQUIPMENT & CAPACITY PASSENGER 1 to 7 Passengers $25,000.00 $50,000.0…

103-173. Cargo Insurance or Surety Bond Required of Motor Carrier. 1. Terms of Insurance or Bond and Minimum Limits. Before any Class E Certificate can be issued and before any motor carrier operations can be conducted thereunder, the Class E motor carrier must procure a cargo in…

103-174. Filing Evidence of Cargo Insurance or Surety Bond. 1. Evidence of Cargo Insurance Filed on Form H. Evidence of cargo insurance will be filed on Form H, ‘‘Uniform Motor Carrier Cargo Certificate of Insurance.’’ (See Form H in 23A S.C. Code Ann. Regs. 38-447) The policy or…

103-175. Revocation of Certificate. A failure to file evidence of insurance, self-insurance or surety bond shall be just cause for the commission, without further evidence or hearing, to suspend its order granting authority or to suspend the certificate or any license issued to t…

103-176. Cancellation of Insurance or Surety Bond. 1. Thirty (30) Days’ Notice Required. Any insurance company, surety bond company, or motor carrier which desires to cancel a policy or bond issued to a motor carrier subject to these rules can do so only after giving the ORS not …

103-177. Name of Insured. Certificates of insurance, self-insurance and surety bonds shall be issued in the full and correct name as that name appears on the application or certificate of the motor carrier. HISTORY: Amended by State Register Volume 22, Issue No. 6, Part 3, eff Ju…

103-178. Proof of Insurance Required. Certificates of insurance, self-insurance notices of cancellation, and surety bonds must be provided to the ORS. HISTORY: Amended by State Register Volume 22, Issue No. 6, Part 3, eff June 26, 1998; State Register Volume 32, Issue No. 5, eff …

103-179. Coverage to be Continuous. Surety bonds and certificates of insurance shall specify that coverage thereunder will remain in effect continuously until terminated. HISTORY: Amended by State Register Volume 22, Issue No. 6, Part 3, eff June 26, 1998; State Register Volume 3…

103-180. Commission to Prescribe Forms. Endorsements for policies of insurance and surety bonds, certificates of insurance, and notices of cancellation will be in the form prescribed and approved by the commission. HISTORY: Amended by State Register Volume 22, Issue No. 6, Part 3…

103-190. Tariffs Must be Filed Before Commencement of Operations. 1. No motor freight carrier who operates under a Certificate may operate or perform any service under its operating authority until rates, fares, charges, classifications, and rules for the services to be performed…

103-191. Repealed. HISTORY: Former Regulation, titled Commission to Establish Rates, etc., had the following history: Amended by State Register Volume 19, Issue No. 5, eff May 26, 1995; State Register Volume 22, Issue No. 6, Part 3, eff June 26, 1998; State Register Volume 32, Is…

103-192. Repealed. HISTORY: Former Regulation, titled Rates Must be Just and Reasonable, had the following history: Amended by State Register Volume 17, Issue No. 5, Part 3, eff May 28, 1993; State Register Volume 19, Issue No. 5, eff May 26, 1995; State Register Volume 22, Issue…