Chapter 38

38-382.507. Penalties. Any employer or driver who violates the requirements of 38-382 shall be subject to the civil and/or criminal penalty provisions of 49 U.S.C. 521(b). In addition, any employer or driver who violates the requirements of 49 CFR part 40 shall be subject to the …

38-382.601. Employer obligation to promulgate a policy on the misuse of alcohol and use of controlled substances.

38-382.603. Training for supervisors. Each employer shall ensure that all persons designated to supervise drivers receive at least 60 minutes of training on alcohol misuse and receive at least an additional 60 minutes of training on controlled substances use. The training will be…

38-382.605. Referral, evaluation, and treatment. The requirements for referral evaluation, and treatment must be performed in accordance with 49 CFR part 40, Sub-part O. HISTORY: Added by State Register Volume 30, Issue No. 4, eff April 28, 2006.

38-383. COMMERCIAL DRIVER’S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES. Editor’s Note HISTORY: Added by State Register Volume 30, Issue No. 4, eff April 28, 2006. Table of Contents Subpart A: General

38-383.1. Purpose and scope.

38-383.110. General requirement.

38-383.111. Required knowledge. All commercial motor vehicle operators must have knowledge of the following general areas: (a) Safe operations regulations. Driver related elements of the regulations contained in 49 CFR parts 391, 392, 38, 395, 396, and 397, such as: Motor vehicle…

38-383.113. Required skills. (a) Basic vehicle control skills. All applicants for a CDL must possess and demonstrate basic motor vehicle control skills for each vehicle group which the driver operates or expects to operate. These skills should include the ability to start, to sto…

38-383.115. Requirements for double/triple trailers endorsement. In order to obtain a Double/Triple Trailers endorsement each applicant must have knowledge covering: (a) Procedures for assembly and hookup of the units; (b) Proper placement of heaviest trailer; (c) Handling and st…

38-383.117. Requirements for passenger endorsement. An applicant for the passenger endorsement must satisfy both of the following additional knowledge and skills test requirements. (a) Knowledge test. All applicants for the passenger endorsement must have knowledge covering at le…

38-383.119. Requirements for tank vehicle endorsement. In order to obtain a Tank Vehicle Endorsement, each applicant must have knowledge covering the following: (a) Causes, prevention, and effects of cargo surge on motor vehicle handling; (b) Proper braking procedures for the mot…

38-383.121. Requirements for hazardous materials endorsement. In order to obtain a Hazardous Material Endorsement each applicant must have such knowledge as is required of a driver of a hazardous materials laden vehicle, from information contained in 49 CFR parts 171, 172, 173, 1…

38-383.131. Test procedures.

38-383.133. Testing methods. (a) All tests shall be constructed in such a way as to determine if the applicant possesses the required knowledge and skills contained in Subpart G of 38-382 for the type of motor vehicle or endorsement the applicant wishes to obtain. (b) States shal…

38-383.135. Minimum passing scores. (a) The driver applicant must correctly answer at least 80 percent of the questions on each knowledge test in order to achieve a passing score on such knowledge test. (b) To achieve a passing score on the skills test, the driver applicant must …

38-383.151. General.

38-383.153. Information on the document and application.

38-383.155. Tamperproofing requirements. States shall make the CDL tamperproof to the maximum extent practicable. At a minimum, a State shall use the same tamperproof method used for noncommercial drivers’ licenses. HISTORY: Added by State Register Volume 30, Issue No. 4, eff Apr…

38-383.21. Number of drivers’ licenses.

38-383.23. Commercial driver’s license. (a) General rule. (1) Effective April 1, 1992, no person shall operate a commercial motor vehicle unless such person has taken and passed written and driving tests which meet the Federal standards contained in Subparts F, G, and H of 38-382…

38-383.3. Applicability. (a) The rules in 38-382 apply to every person who operates a commercial motor vehicle (CMV) in interstate, foreign, or intrastate commerce, to all employers of such persons, and to all States. (b) The exceptions contained in Regulation 38-390.3(g) of this…

38-383.31. Notification of convictions for driver violations.

38-383.33. Notification of driver’s license suspensions. Each employee who has a driver’s license suspended, revoked, or canceled by a State or jurisdiction, who loses the right to operate a commercial motor vehicle in a State or jurisdiction for any period, or who is disqualifie…

38-383.35. Notification of previous employment. (a) Any person applying for employment as an operator of a commercial motor vehicle shall provide at the time of application for employment, the information specified in paragraph (c). (b) All employers shall request the information…

38-383.37. Employer responsibilities. No employer shall knowingly allow, require, permit, or authorize an employee to operate a commercial motor vehicle in the United States: (a) During any period in which the driver has a CMV driver’s license suspended, revoked, or canceled by a…

38-383.5. Definitions. As used in 38-382: Administrator means the Federal Highway Administrator, the chief executive of the Federal Highway Administration, an agency within the Department of Transportation. Alcohol or alcoholic beverage means: (a) Beer as defined in 26 U.S.C. 505…

38-383.51. Disqualification of drivers.

38-383.53. Penalties. (a) General rule. Any person who violates the rules set forth in Subparts B and C of 38-382 may be subject to civil or criminal penalties as provided for in 49 U.S.C. 521(b). (b) Special penalties pertaining to violation of out of service orders (1) Driver v…

38-383.7. Validity of CDL issued by decertified State. A CDL issued by a State prior to the date the State is notified by the Administrator, in accordance with the provisions of Regulation 384.405 of this regulation, that the State is prohibited from issuing CDLs, will remain val…

38-383.71. Driver application procedures.

38-383.72. Implied consent to alcohol testing. Any person who holds a CDL shall be deemed to have consented to such testing as is required of him/her by any State or jurisdiction in the enforcement of Regulation 38-383.51(b)(2)(i) and Regula- tion 38-392.5(a)(2). Consent is impli…

38-383.73. State procedures. (a) Initial licensure. Prior to issuing a CDL to a person, a State shall: (1) Require the driver applicant to certify, pass tests, and provide information as described in Secs. 38-383.71(a) (1) through (6); (2) Check that the vehicle in which the appl…

38-383.75. Third party testing. (a) Third party tests. A State may authorize a person (including another State, an employer, a private driver training facility or other private institution, or a department, agency or instrumentality of a local government) to administer the skills…

38-383.77. Substitute for driving skills tests. At the discretion of a State, the driving skill test as specified in Regulation 38-383.113 may be waived for a CMV operator who is currently licensed at the time of his/her application for a CDL, and substituted with either an appli…

38-383.91. Commercial motor vehicle groups.

38-383.93. Endorsements. (a) General. In addition to taking and passing the knowledge and skills tests described in Subpart G of 38-382, all persons who operate or expect to operate the type(s) of motor vehicles described in paragraph (b) shall take and pass specialized tests to …

38-383.95. Air brake restrictions. (a) If an applicant either fails the air brake component of the knowledge test, or performs the skills test in a vehicle not equipped with air brakes, the State shall indicate on the CDL, if issued, that the person is restricted from operating a…

38-390. GENERAL. 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 Applicability and Definitions

38-390.1. Purpose.

38-390.11. Motor carrier to require observance of driver regulations. Whenever in this regulation a duty is prescribed for a driver or a prohibition is imposed upon the driver, it shall be the duty of the motor carrier to require observance of such duty or prohibition. If the mot…

38-390.13. Aiding or abetting violations. No person shall aid, abet, encourage, or require a motor carrier or its employees to violate the rules of this chapter. HISTORY: Amended by State Register Volume 30, Issue No. 4, eff April 28, 2006.

38-390.15. Assistance in investigations and special studies. (a) A motor carrier shall make all records and information pertaining to an accident available to an authorized representative or special agent of the Federal Highway Administration upon request or as part of any inquir…

38-390.17. Additional equipment and accessories. Nothing in this regulation shall be construed to prohibit the use of additional equipment and accessories, not inconsistent with or prohibited by this regulation, provided such equipment and accessories do not decrease the safety o…

38-390.19. Additional equipment and accessories.

38-390.21. Marking of commercial motor vehicles. (a) General. Every self propelled commercial motor vehicle operated in interstate or intrastate commerce and subject to the rules of regulation B of this chapter must be marked as specified in paragraphs (b), (c) and (d). (b) Natur…

38-390.3. General applicability. (a) The rules in regulation B of this chapter are applicable to all employers, employees, and commercial motor vehicles, which transport property or passengers in intrastate commerce. (b) The rules in Part 38-383, Commercial Driver’s License Stand…

38-390.31. Copies or records or documents. (a) All records and documents required to be maintained under this regulation must be preserved in their original form for the period specified, unless the records and documents are suitably photo- graphed and the microfilm is retained i…

38-390.33. Commercial motor vehicles used for purposes other than defined. Whenever a commercial motor vehicle of one type is used to perform the functions normally performed by a commercial motor vehicle of another type, the requirements of this regulation shall apply to the com…

38-390.37. Violation and penalty. Any person who violates the rules set forth in this subchapter may be subject to civil or criminal penalties of the South Carolina Code of Laws 58-23-1120 or other related statutes. HISTORY: Amended by State Register Volume 30, Issue No. 4, eff A…