Chapter 38

38-423. Definition. As used in this subarticle: (1) The term ‘‘motor carrier’’ means every corporation or person, their lessees, trustees, or receivers, owning, controlling, operating, or managing any motor propelled vehicle used in transporting persons or property over any impro…

38-424. Safety Rules and Regulations. The rules and regulations adopted by the United States Department of Transportation relating to safety of operation and to equipment (49 CFR Parts 382, 383, 385, 387, and 390-399 and amendments thereto), and the rules and regulations adopted …

38-425. Current Copies of Rules Must Be Maintained. A current copy of the Motor Carrier Safety Regulations must be maintained by a certificated carrier in its principal office in South Carolina. If the carrier is engaged in the hauling of hazardous materials, 49 CFR Parts 171.180…

38-426. Failure to Meet Safety Standards. The repeated failure of a for-hire motor carrier to operate equipment or employ drivers who meet minimum safety standards as defined in 49 CFR parts 390-399 and 49 CFR parts 171-180.500, shall be just cause for the Department to revoke an…

38-427. Inspection of Records, Vehicles and Equipment. Auditors, accountants, officers, examiners, and other agents of the Department shall, upon display of proper credentials after demand, be permitted by any motor carrier as defined in S.C. Code Ann. Section 58-23-1110 to exami…

38-428. Definitions. 1. Applicant. The word ‘‘applicant’’ means a person in whose name the uniform application is filed with a registration state for the purpose of complying with the standards promulgated under Public Law 102-240. 2. Audit. The word ‘‘audit’’ means a review of r…

38-429. Participation by States. 1. An eligible state may participate in the single state registration system and cease participation only with proper notice. If an eligible state wishes to change its status concerning participation, the eligible state must publish notice of its …

38-430. Registration Process. 1. Application Form. a. The applicant shall file annually between the 1st day of August and the 30th day of November of the year preceding the registration year an application for registration of all FHWA regulated interstate operations with the regi…

38-431. Proof of Insurance. 1. The applicant shall cause to be filed and maintained only in the registration state, proof of public liability insurance in accordance with the forms and procedures specified herein. No other notices or filings shall be required of a motor carrier h…

38-432. Registration Receipts. 1. The registration state shall collect the fee (not to exceed $10.00 per motor vehicle) that each participating State collected or charged per motor vehicle as of November 15, 1991. These fees shall be for filing and maintaining proof of insurance.…

38-433. Compliance. Failure by the registrant to comply with these standards shall result in suspension or revocation of the registration by the base jurisdiction. 1. Suspension of Registration. On the effective date of cancellation of the proof of insurance or other items in non…

38-434. Accounting. 1. Participating states shall maintain all documents required under these standards for a minimum of three years. a. Each participating state shall maintain records of funds received from and remitted to other member jurisdictions. Such records shall identify …

38-435. Acquisition of FHWA Authority After Holding Exempt Authority. 1. If a motor carrier transporting interstate commodities exempt from registration with the FHWA received authority from the FHWA to transport regulated commodities in interstate commerce, the motor carrier mus…

38-436. Violations. 1. Failure to carry RS-3 Receipt. Any person who or corporation which operates a motor vehicle in interstate commerce on any highway in South Carolina and fails to carry the RS-3 Receipt as required by this subarticle, is guilty of a misdemeanor under Sections…

38-437. Definitions. The following letters and words, when used in these regulations, shall have the following meanings: 1. Driveaway Operations. The words ‘‘driveaway operations’’ shall mean an operation in which any vehicle or vehicles, operated singly or in lawful combinations…

38-438. Registration of Motor Carrier Operations Exempt from Economic Regulation of FHWA. A motor carrier shall not operate within the borders of South Carolina until there shall have been filed with and approved by the Department an application for the registration of such opera…

38-439. Designation of Process Agent. 1. Designation Required Before Operating. A motor carrier shall not operate within the borders of South Carolina until there shall have been filed with and accepted by the Department a currently effective designation of a local agent for serv…

38-440. Registration and Identification of Vehicles. 1. When Registration and Identification Required. A motor carrier shall not operate a vehicle or engage in driveaway operations within the borders of South Carolina until the vehicle or driveaway operations shall have been regi…

38-441. Evidence of Liability Security. 1. When Liability Security Required. A motor carrier shall not operate within the borders of South Carolina until there shall have been filed with and accepted by the Department a currently effective certificate of insurance or surety bond …

38-442. Notice of Security Cancellation. 1. Form and Execution of Notice of Insurance Cancellation. Notice of cancellation of insurance shall be accomplished by filing with the Department the form of notice set forth in Form K (See Form K in 38-447, Appendix). Insurance shall not…

38-443. Miscellaneous. 1. NARUC to Supply Cab Card. In order to achieve complete uniformity in the reproduction of the Uniform Identification Cab Card, NARUC will reproduce and supply an adequate quantity of such form for use under the provisions of these regulations. No person o…

38-444. Violations. 1. Failure to Carry Stamp or Cab Card. Any person or corporation who or which operates a motor vehicle in interstate commerce on any highway in South Carolina and fails to carry the identification stamp and cab card as required by this subarticle, is guilty of…

38-445. Officers. The Department, through officers duly appointed, will investigate and report violations of the provisions of the Motor Vehicle Carrier Law and the Department’s Rules and Regulations. HISTORY: Added by State Register Volume 22, Issue No. 3, eff March 27, 1998.

38-446. Grounds for Revocation of Certificate. The Department may at any time, after notice and opportunity to be heard, suspend, revoke, alter, or amend any certificate, if it shall be made to appear that the holder has willfully violated or refused to observe orders rules, or r…

38-447. Appendix of Forms. FORM A-1 UNIFORM APPLICATION FOR REGISTRATION OF INTERSTATE MOTOR CARRIER OPERATIONS EXEMPT FROM FHWA REGULATION To: Date (Name of State Department) Applicant: Street: City: State: Zip Code The vehicle or vehicles which the applicant intends to operate,…

38-480. Trip Permits. The Department shall issue trip permits to motor carriers who operate IFTA qualified motor vehicles but opt to operate without an IFTA license or decal. This permit must be maintained in the vehicle to which it is issued. The trip permit shall be effective f…

38-481. Reciprocal Agreements with Foreign Jurisdictions. The Department may enter reciprocal agreements with foreign jurisdictions who are not members of the International Fuel Tax Agreement. HISTORY: Added by State Register Volume 22, Issue No. 3, eff March 27, 1998.

38-482. Posting of Bond When Tax Payment Past Due. The Department may require IFTA licensees post a bond when tax returns and payments are not submitted in a timely manner. This bond shall be determined by the Department on an individual carrier basis and shall be in proportion t…

38-500. Seventy-Two Hour Trip Permits. The Department shall issue a seventy-two (72) hour trip permit at a cost of fifteen ($15.00) dollars to out-of-state carriers who are not registered under IRP, but wish to operate IRP qualified motor vehicles intrastate and/or interstate in …

38-501. Late Fine Charges. The Department shall charge a fine of twenty ($20.00) dollars per vehicle to carriers who opt for partial payment and fail to pay their final installment in a timely manner. HISTORY: Added by State Register Volume 22, Issue No. 3, eff March 27, 1998.

38-502. Temporary Authorities or Permits. Temporary authorities or temporary operating permits shall be issued in order for motor carriers to begin operations without delay. Temporary authorities shall be issued for new accounts, added vehicles, added jurisdictions, increases in …

38-503. Renewal Applications. All renewal applications must be submitted by mail for invoicing. Carriers who have received an invoice may obtain license plates by mail or over the counter at the Motor Carrier Services office. HISTORY: Added by State Register Volume 22, Issue No. …

38-901. Installation and Maintenance of Videotaping Equipment in Traffic Enforcement Vehicles. A. Regulations in this Article apply to videotaping equipment installed pursuant to S.C. Code Ann. 56-5-2953 and to videotaping equipment purchased with funds collected under S.C. Code …

38-902. Inventory of Videotaping Equipment. A. All videotaping equipment installed pursuant to these regulations and S.C. Code Ann. 56-5-2953 shall remain the property of the Department to insure proper inventory of equipment. Each agency is required to take reasonable care of th…