Department of Public Safety

38-392.10. Railroad grade crossings; stopping required. (a) Except as provided in paragraph (b), the driver of a commercial motor vehicle specified in paragraphs (a) (1) through (6) shall not cross a railroad track or tracks at grade unless he/she first: Stops the commercial moto…

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. (a) Hazard warning signal flashers. Whenever a commercial motor vehicle is stopped upon the traveled portion of a highway or the shoulder of a highway for any cause other than necessary traffic stops, the driver of …

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 38-392.50. Ignition of fuel; prevention. 38-392.51. Reserve fuel; materials of trade. Subpart G: Prohibited Practices 38-392.60. Unauthorized persons not to be transported. 38-392.66. Carbon monoxide; use of …

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. No driver or any employee of a motor carrier shall: (a) Fuel a commercial motor vehicle with the engine running, except when it is necessary to run the engine to fuel the commercial motor vehicle; (b) Smoke or expose any open flame in the …

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. (a) Unless specifically authorized in writing to do so by the motor carrier under whose authority the commercial motor vehicle is being operated, no driver shall transport any person or permit any person to be transported on …

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. PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION. 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 38-393.1. Scope…

38-393.1. Scope of the rules of 38-382. Every employer and employee shall comply and be conversant with the requirements and specifica- tions of 38-382. No employer shall operate a commercial motor vehicle, or cause or permit it to be operated, unless it is equipped in accordance…

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? 38-393.104. What standards must …

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? (a) In addition to the requirements of Regulation 38-393.106, the minimum number of tiedowns required to secure an article or group of articles against movement depends on the length of the article…

38-393.112. Must a tiedown be adjustable? Each tiedown, or its associated connectors, or its attachment mechanisms must be designed, constructed, and maintained so the driver of an in-transit commercial motor vehicle can tighten them. However, this requirement does not apply to t…

38-393.114. What are the requirements for front end structures used as part of a cargo securement system? Specific Securement requirements by Commodity Type 38-393.116.1 What are the rules for securing logs? 38-393.118. What are the rules for securing dressed lumber or similar bu…

38-393.116. What are the rules for securing logs? (a) Applicability. The rules are applicable to the transportation of logs with the following excep- tions: (1) Logs that are unitized by banding or other comparable means may be transported in accordance with the general cargo sec…

38-393.118. What are the rules for securing dressed lumber or similar building prod- ucts? (a) Applicability. The rules apply to the transportation of bundles of dressed lumber, packaged lumber, building products such as plywood, gypsum board or other materials of similar shape. …

38-393.128. What are the rules for securing automobiles, light trucks and vans? (a) Applicability. The rules apply to the transportation of automobiles, light trucks, and vans which individually weigh 4,536 kg. (10,000 lb) or less. Vehicles which individually are heavier than 4,5…

38-393.13. Retroreflective sheeting and reflex reflectors, requirements for semitrailers and trailers manufactured before December 1, 1993. (a) Applicability. All trailers and semitrailers manufactured prior to December 1, 1993, which have an overall width of 2,032 mm (80 inches)…

38-393.130. What are the rules for securing heavy vehicles, equipment and machinery? (a) Applicability. The rules apply to the transportation of heavy vehicles, equipment and machinery which operate on wheels or tracks, such as front end loaders, bulldozers, tractors, and power s…

38-393.17. Lamps and reflectors - combinations in driveaway-towaway operation. 38-393.19. Requirements for turn signaling systems. 38-393.20. Clearance lamps to indicate extreme width and height. 38-393.22. Combination of lighting devices and reflectors. 38-393.23. Lighting devic…

38-393.19. Requirements for turn signaling systems. (a) Every truck, or truck tractor shall be equipped with a signaling system that in addition to signaling turning movements shall have a switch or combination of switches that will cause the two front turn signals and the two re…

38-393.20. Clearance lamps to indicate extreme width and height. Clearance lamps shall be mounted so as to indicate the extreme width of the motor vehicle (not including mirrors) and as near the top thereof as practicable: Provided, That when rear identification lamps are mounted…

38-393.201. Frames. (a) The frame of every truck and truck tractor shall not be cracked, loose, sagging or broken. (b) Bolts or brackets securing the cab or the body of the vehicle to the frame must not be loose, broken, or missing. (c) The frame rail flanges between the axles sh…

38-393.203. Cab and body components. (a) The cab compartment doors or door parts used as an entrance or exist shall not be missing or broken. Doors shall not sag so that they cannot be properly opened or closed. No door shall be wired shut or otherwise secured in the closed posit…

38-393.205. Wheels. (a) Wheels and rims shall not be cracked or broken. (b) Stud or bolt holes on the wheels shall not be elongated (out of round). (c) Nuts or bolts shall not be missing or loose. HISTORY: Amended by State Register Volume 30, Issue No. 4, eff April 28, 2006.

38-393.207. Suspension systems. (a) Axles. No axle positioning part shall be cracked, broken, loose or missing. All axles must be in proper alignment. (b) Adjustable axles. Adjustable axle assemblies shall not have locking pins missing or disengaged. (c) Leaf springs. No leaf spr…

38-393.209. Steering wheel systems. (a) The steering wheel shall be secured and must not have any spokes cracked through or missing. (b) The steering wheel lash shall not exceed the following parameters: Steering wheel diameter Manual steering system Power steering system 16 9 or…

38-393.22. Combination of lighting devices and reflectors. (a) Permitted combinations. Except as provided in paragraph (b), two or more lighting devices and reflectors (whether or not required by the rules in 38-382) may be combined optically if (1) Each required lighting device …