Chapter 38

38-390.5. Definitions. Unless specifically defined elsewhere, in this regulation: Accident means: (1) Except as provided in paragraph (2) of this definition, an occurrence involving a commercial motor vehicle operating on a public road in interstate or intrastate commerce which r…

38-390.7. Rules of construction. (a) [Reserved] (b) In this regulation the word (1) Officer includes any person authorized by law to perform the duties of the office; (2) Writing includes printing and typewriting; (3) Shall is used in an imperative sense; (4) Must is used in an i…

38-390.9. State and local laws, effect on.

38-391. QUALIFICATIONS OF DRIVERS. Editor’s Note HISTORY: Added by State Register Volume 22, Issue No. 6, Part 3, eff June 26, 1998. Amended by State Register Volume 30, Issue No. 4, eff April 28, 2006. Table of Contents Subpart A: General

38-391.1. Scope of the rules in 38-382; additional qualifications; duties of carrier drivers. Subpart B: Qualification and Disqualification of Drivers

38-391.11. Qualifications of drivers.

38-391.13. Responsibilities of drivers. In order to comply with the requirements of Regulation 38-392.9(a) and Regulation 38-393.9 of this regulation, a motor carrier shall not require or permit a person to drive a commercial motor vehicle unless the person: (a) Can, by reason of…

38-391.15. Disqualification of drivers. (a) General. A driver who is disqualified shall not drive a commercial motor vehicle. A motor carrier shall not require or permit a drive who is disqualified to drive a commercial motor vehicle. (b) Disqualification for loss of driving priv…

38-391.21. Application for employment.

38-391.23. Investigation and inquiries. (a) Except as provided in subpart of 38-382, each motor carrier shall make the following investiga- tions and inquiries with respect to each driver it employs, other than a person who has been a regularly employed driver of the motor carrie…

38-391.25. Annual inquiry and review of driving record.

38-391.27. Record of violations. (a) Except as provided in subpart G of 38-382, each motor carrier shall, at least once every 12 months, require each driver it employs to prepare and furnish it with a list of all violations of motor vehicle traffic laws and ordinances (other than…

38-391.31. Road test.

38-391.33. Equivalent of road test. (a) In place of, and as equivalent to, the road test required by Regulation 38-393.31, a person who seeks to drive a commercial motor vehicle may present, and a motor carrier may accept— (1) A valid Commercial Driver’s License as defined in Reg…

38-391.51. If no driving record exists from the State or States, the motor carrier must document a good faith effort to obtain such information, and certify that no record exists for that driver in that State. The inquiry to the State driver record agencies must be made in the fo…

38-391.52. Driver Investigation History File. SUBPART A General 38-391.1. Scope of the rules in 38-382; additional qualifications; duties of carrier drivers. (a) The rules in 38-382 establish minimum qualifications for persons who drive commercial motor vehicles as, for, or on be…

38-391.53. Driver Investigation History File. (a) After October 29, 2004, each motor carrier must maintain records relating to the investigation into the safety performance history of a new or prospective driver pursuant to paragraphs (d) and (e) of Regulation 38-391.23. This fil…

38-392. DRIVING OF COMMERCIAL MOTOR VEHICLES. Editor’s Note HISTORY: Added by State Register Volume 22, Issue No. 6, Part 3, eff June 26, 1998. Amended by State Register Volume 30, Issue No. 4, eff April 28, 2006. Table of Contents Subpart A: General

38-392.1. Scope of the rules in 38-382.

38-392.10. Railroad grade crossings; stopping required.

38-392.11. Railroad grade crossings; slowing down required. Every commercial motor vehicle other than those listed in Regulation 38-392.10 shall, upon approaching a railroad grade crossing, be driven at a rate of speed which will permit said commercial motor vehicle to be stopped…

38-392.14. Hazardous conditions; extreme caution. Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed…

38-392.16. Use of seat belts. A commercial motor vehicle which has a seat belt assembly installed at the driver’s seat shall not be driven unless the driver has properly restrained himself/herself with the seat belt assembly. HISTORY: Amended by State Register Volume 30, Issue No…

38-392.2. Applicable operating rules. Every commercial motor vehicle must be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated. However, if the South Carolina Unmanufactured Forest Products Trucking Regulations imp…

38-392.22. Emergency signals; stopped commercial motor vehicles.

38-392.24. Emergency signals; flame producing. No driver shall attach or permit any person to attach a lighted fusee or other flame producing emergency signal to any part of a commercial motor vehicle. HISTORY: Amended by State Register Volume 30, Issue No. 4, eff April 28, 2006.

38-392.25. Flame producing devices. No driver shall use or permit the use of any flame producing emergency signal for protecting any commercial motor vehicle transporting Division 1.1, Division 1.2, or Division 1.3 explosives; any cargo tank motor vehicle used for the transportat…

38-392.3. Ill or fatigued operator. No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through…

38-392.33. Obscured lamps or reflectors. Subpart F: Fueling Precautions

38-392.4. Drugs and other substances. (a) No driver shall be on duty and possess, be under the influence of, or use, any of the following drugs or other substances: (1) Any Schedule I drug or other substance identified in appendix D to this regulation; (2) An amphetamine or any f…

38-392.5. Alcohol prohibition. (a) No driver shall (1) Use alcohol, as defined in Regulation 38-382.107 of this regulation, or be under the influence of alcohol, within 4 hours before going on duty or operating, or having physical control of, a commercial motor vehicle; or (2) Us…

38-392.50. Ignition of fuel; prevention.

38-392.51. Reserve fuel; materials of trade. Small amounts of fuel for the operation or maintenance of a commercial motor vehicle (including its auxiliary equipment) may be designated as materials of trade (see 49 CFR 171.8). (a) The aggregate gross weight of all materials of tra…

38-392.6. Schedules to conform with speed limits. No motor carrier shall schedule a run nor permit nor require the operation of any commercial motor vehicle between points in such period of time as would necessitate the commercial motor vehicle being operated at speeds greater th…

38-392.60. Unauthorized persons not to be transported.

38-392.66. Carbon monoxide; use of commercial motor vehicle when detected. (a) No person shall dispatch or drive any commercial motor vehicle or permit any passengers thereon, when the following conditions are known to exist, until such conditions have been remedied or repaired: …

38-392.67. Heater, flame producing; on commercial motor vehicle in motion. No open flame heater used in the loading or unloading of the commodity transported shall be in operation while the commercial motor vehicle is in motion. HISTORY: Amended by State Register Volume 30, Issue…

38-392.7. Equipment, inspection and use. No commercial motor vehicle shall be driven unless the driver thereof shall have satisfied him- self/herself that the following parts and accessories are in good working order, nor shall any driver fail to use or make use of such parts and…

38-392.71. Radar detectors; use and/or possession. (a) No driver shall use a radar detector in a commercial motor vehicle, or operate a commercial motor vehicle that is equipped with or contains any radar detector. (b) No motor carrier shall require or permit a driver to violate …

38-392.8. Emergency equipment, inspection and use. No commercial motor vehicle shall be driven unless the driver thereof is satisfied that the emergency equipment required by Regulation 38-393.95 of this regulation is in place and ready for use; nor shall any driver fail to use o…

38-392.9. Inspection of cargo, cargo securement devices and systems. (a) General. A driver may operate a commercial motor vehicle and a motor carrier may not require or permit a driver to operate a commercial motor vehicle unless (1) The commercial motor vehicle’s cargo is proper…

38-393. (b) Retroreflective sheeting and reflex reflectors. Motor carriers are encouraged to retrofit their trailers with a conspicuity system that meets all of the requirements applicable to trailers manufactured on or after December 1, 1993, including the use of retroreflective…

38-393.1. Scope of the rules of 38-382.

38-393.100. Which type of commercial motor vehicles are subject to the cargo securement standards of this subpart, and what general requirements apply?

38-393.102. What are the minimum performance criteria for cargo securement devices and systems? (a) Performance criteria. Cargo securement devices and systems must be capable of withstanding the following three forces, applied separately: (1) 0.8 g deceleration in the forward dir…

38-393.104. What standards must cargo securement devices and systems meet in order to satisfy the requirements of this subpart? (a) General. All devices and systems used to secure cargo to or within a vehicle must be capable of meeting the requirements of Regulation 38-393.102. (…

38-393.106. What are the general requirements for securing articles of cargo? (a) Applicability. The rules are applicable to the transportation of all types of articles of cargo, except commodities in bulk that lack structure or fixed shape (e.g., liquids, gases, grain, liquid co…

38-393.108. How is the working load limit of a tiedown determined? (a) The working load limit (WLL) of a tiedown, associated connector or attachment mechanism is the lowest working load limit of any of its components (including tensioner), or the working load limit of the anchor …

38-393.11. Lighting devices and reflectors. The following Table 1 sets forth the required color, position, and required lighting devices by type of commercial motor vehicle. Diagrams illustrating the locations of lighting devices and reflectors, by type and size of commercial mot…

38-393.110. What else do I have to do to determine the minimum number of tiedowns?