Chapter 38

38-001. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-001 was titled Authority of Director and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997. Amended by…

38-019. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-019 was titled Notification of Withdrawal of Certification and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff Jun…

38-060. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-060 was titled Definitions and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997. Amended by State Reg…

38-065. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-065 was titled Cost of Training and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997. Amended by Stat…

38-100. Motor Vehicles License Plates for Members of Congress of the United States. A. A special series of private passenger car license plates is hereby designated, as described herein, which may, upon application being made therefor, and the regular fee required by law paid, be…

38-101. Issuance and Use of Specially Designated Motor Vehicle License Plates for Members of the South Carolina General Assembly. A. A special series of private car license plates is hereby designated, as described herein, which may, upon application being made therefor and the r…

38-102. Special License Plates for Various State Officials. A. A special series of private passenger automobile license plates are hereby designated, which may, upon proper application being made therefor, be issued to duly elected State Constitutional Officers, said plates to be…

38-120. Insurance Certification Required for Vehicle Licensing. No certificate of registration shall be issued or transferred to an owner by the Department of Public Safety unless the owner or prospective owner produces satisfactory evidence that such security in accordance with …

38-121. Self-Insurers. I. Pursuant to Section 15-78-140, political subdivisions are allowed to procure automobile liability insurance by becoming self-insured. Additionally, pursuant to Section 56-9-30 political subdivisions are exempted from the self-insured requirements contain…

38-150. Definitions. For purposes of interpretation and enforcement of the Act, the following definitions are established: A. Protective helmet. A covering device primarily intended to protect the upper part of the wearer’s head against blow. B. Goggles. A device consisting of gl…

38-152. Certification and Approval. A. Tests. Tests to demonstrate compliance with requirements of the law shall be performed by independent testing agencies considered by the Department to be qualified to conduct such tests. Test reports shall be complete showing test results as…

38-240. Vehicles Required to Stop at Railroad Crossings. (Statutory Authority: 1976 Code Section 23-6-30(6), as amended) A. The driver or operator of every vehicle listed in 49 C.F.R. Section 392.10, (a) shall stop such vehicle at all railroad crossings as required by Section 56-…

38-251. Department Invoicing Procedures. 1. Listed below are the types of information available with this account. Each request for information will be charged according to the following schedule: TYPE INFORMATION CHARGE PER REQUEST Registration $2.00 Liability Insurance Informat…

38-252. Delinquent Accounts. 1. Companies and individuals will be notified that an Account Balance is Past Due. Payment must be received within ten (10) days of receipt of the notice for account to be returned to active status. 2. If payment of all past due invoices is not receiv…

38-253. Closing Accounts. 1. Companies and individuals may terminate an account by requesting in writing to the Deputy Director, Department of Public Safety, Division of Motor Vehicles, P. O. Box 1498, Columbia, South Carolina 29216-0022, to close the account and have the securit…

38-382. HISTORY: Amended by State Register Volume 30, Issue No. 4, eff April 28, 2006.

38-382.101. Purpose.

38-382.103. Applicability. (a) 38-382 applies to every person and to all employers of such persons who operate a commercial motor vehicle in commerce in any State, and is subject to (1) The commercial driver’s license requirements of part 38-383 of these regulations; (2) The Lice…

38-382.105. Testing procedures. Each employer shall ensure that all alcohol or controlled substances testing conducted under 38-382 complies with the procedures set forth in part 40. The provisions of part 40 that address alcohol or controlled substances testing are made applicab…

38-382.107. Definitions. Words or phrases used are defined in Sections 38-386.2 and 38-390.5 of this regulation, and Section 40.3 of the Federal Motor Carrier Safety Administration’s procedures for transportation workplace drug and alcohol testing programs, except as provided bel…

38-382.109. Preemption of State and local laws. (a) Except as provided in paragraph (b), 38-382 preempts any State or local law, rule, regulation, or order to the extent that: (1) Compliance with both the State or local requirement is not possible; or (2) Compliance with the Stat…

38-382.111. Other requirements imposed by employers. Except as expressly provided in 38-382, nothing in 38-382 shall be construed to affect the authority of employers, or the rights of drivers, with respect to the use of alcohol, or the use of controlled substances, including aut…

38-382.113. Requirement for notice. Before performing each alcohol or controlled substances test under 38-382, each employer shall notify a driver that the alcohol or controlled substances test is required by 38-382. No employer shall falsely represent that a test is administered…

38-382.115. Starting date for testing programs. (a) All domestic-domiciled employers must implement the requirements of 38-382 on the date the employer begins commercial motor vehicle operations. (b) All foreign-domiciled employers must implement the requirements of 38-382 on the…

38-382.117. Public interest exclusion. No employer shall use the services of a service agent who is subject to public interest exclusion in accordance with 49 CFR part 40, Subpart R. HISTORY: Added by State Register Volume 30, Issue No. 4, eff April 28, 2006.

38-382.119. Stand-down waiver provision (Company must file waiver with FMCSA.). (a) Employers are prohibited from standing employees down, except consistent with a waiver from the Federal Motor Carrier Safety Administration as required under 38-382.119. (b) An employer subject to…

38-382.121. Employee admission of alcohol and controlled substances use. (a) Employees who admit to alcohol misuse or controlled substances use are not subject to the referral, evaluation and treatment requirements of 38-382 and part 40, provided that: (1) The admission is in acc…

38-382.201. Alcohol concentration.

38-382.205. On-duty use. No driver shall use alcohol while performing safety-sensitive functions. No employer having actual knowledge that a driver is using alcohol while performing safety-sensitive functions shall permit the driver to perform or continue to perform safety-sensit…

38-382.207. Pre-duty use. No driver shall perform safety-sensitive functions within four hours after using alcohol. No employer having actual knowledge that a driver has used alcohol within four hours shall permit a driver to perform or continue to perform safety-sensitive functi…

38-382.209. Use following an accident. No driver required to take a post-accident alcohol test under Regulation 38-382.303 shall use alcohol for eight hours following the accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first. HISTORY: Added by S…

38-382.211. Refusal to submit to a required alcohol or controlled substances test. No driver shall refuse to submit to a post-accident alcohol or controlled substances test required under 38-382.303, a random alcohol or controlled substances test required under 38-382.305, a reas…

38-382.213. Controlled substances use. (a) No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substance, except when the use is pursuant to the instructions of a licensed medical practition…

38-382.215. Controlled substances testing. No driver shall report for duty, remain on duty or perform a safety-sensitive function, if the driver tests positive or has adulterated or substituted a test specimen for controlled substances. No employer having actual knowledge that a …

38-382.301. Pre-employment testing.

38-382.303. Post-accident testing. (a) As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, each employer shall test for alcohol for each of its surviving drivers: (1) Who was performing safety-sensitive funct…

38-382.305. Random testing. (a) Every employer shall comply with the requirements of 38-382. Every driver shall submit to random alcohol and controlled substance testing as required in 38-382. (b)(1) Except as provided in paragraphs (c) through (e), the minimum annual percentage …

38-382.307. Reasonable suspicion testing. (a) An employer shall require a driver to submit to an alcohol test when the employer has reasonable suspicion to believe that the driver has violated the prohibitions of subpart B of 38-382 concerning alcohol. The employer’s determinatio…

38-382.309. Return-to-duty testing. The requirements for return-to-duty testing must be performed in accordance with 49 CFR part 40. Subpart O. HISTORY: Added by State Register Volume 30, Issue No. 4, eff April 28, 2006.

38-382.311. Follow-up testing. The requirements for follow-up testing must be performed in accordance with 49 CFR part 40, Subpart O. HISTORY: Added by State Register Volume 30, Issue No. 4, eff April 28, 2006. SUBPART D Handling of Test Results, Records Retention, and Confidenti…

38-382.401. (b) A driver is entitled, upon written request, to obtain copies of any records pertaining to the driver’s use of alcohol or controlled substances, including any records pertaining to his or her alcohol or controlled substances tests. The employer shall promptly provi…

38-382.403. Reporting of results in a management information system. (a) An employer shall prepare and maintain a summary of the results of its alcohol and controlled substances testing programs performed under 38-382 during the previous calendar year, when requested by the Secre…

38-382.405. Access to facilities and records. (a) Except as required by law or expressly authorized or required in 38-382, no employer shall release driver information that is contained in records required to be maintained under Regulation

38-382.407. Medical review officer notifications to the employer.

38-382.409. Medical review officer record retention for controlled substances. (a) A medical review officer or third party administrator shall maintain all dated records and notifications, identified by individual, for a minimum of five years for verified positive controlled subs…

38-382.411. Employer notifications. (a) An employer shall notify a driver of the results of a pre-employment controlled substances test conducted under 38-382, if the driver requests such results within 60 calendar days of being notified of the disposition of the employment appli…

38-382.413. Inquiries for alcohol and controlled substances information from previous employers. Employers shall request alcohol and controlled substances information from previous employers in accordance with the requirements of Section 40.25 of the Federal Motor Carrier Safety …

38-382.501. Removal from safety-sensitive function.

38-382.503. Required evaluation and testing. No driver who has engaged in conduct prohibited by subpart B of 38-382 shall perform safety- sensitive functions, including driving a commercial motor vehicle, unless the driver has met the requirements of part 40. subpart O. No employ…

38-382.505. Other alcohol-related conduct. (a) No driver tested under the provisions of subpart C of 38-382 who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall perform or continue to perform safety-sensitive functions for an employer, includi…