South Carolina Administrative Code

38-009. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-009 was titled Separation from Law Enforcement Employment and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June…

38-010. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-010 was titled Reserve Police and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997. Amended by State …

38-011. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-011 was titled Traffic Radar Operator and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997. Amended b…

38-012. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-012 was titled Application for Re-certification and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.…

38-013. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-013 was titled Continuing Law Enforcement Education Requirements for Re-certification and had the following history: Added by State Register Volume 21, I…

38-014. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-014 was titled Approval of Continuing Law Enforcement Education Hours for Re- certification Requirements and had the following history: Added by State Re…

38-015. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-015 was titled Extension of Certification Renewal Date and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27…

38-016. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-016 was titled Withdrawal of Certification of Law Enforcement Officers and had the following history: Added by State Register Volume 21, Issue No. 6, Par…

38-017. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-017 was titled Reporting of Events Requiring Withdrawal of Certification and had the following history: Added by State Register Volume 21, Issue No. 6, P…

38-018. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-018 was titled Investigation of Events Requiring Withdrawal of Certification; Notification to Officer and had the following history: Added by State Regis…

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…

38-020. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-020 was titled Confidentiality of Notification and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997. …

38-021. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-021 was titled Law Enforcement Emergency Vehicle Training Requirement and had the following history: Added by State Register Volume 21, Issue No. 6, Part…

38-022. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-022 was titled Law Enforcement Emergency Vehicle Training Requirement and had the following history: Added by State Register Volume 21, Issue No. 6, Part…

38-023. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-023 was titled Notification of Training Compliance and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 19…

38-024. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-024 was titled Continuing Training Requirement and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997. …

38-025. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-025 was titled Approval of Training Programs and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997. Am…

38-026. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-026 was titled Equivalent Law Enforcement Emergency Vehicle Training and had the following history: Added by State Register Volume 21, Issue No. 6, Part …

38-027. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-027 was titled Effect of Failure to Comply and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997. Amen…

38-028. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 39-028 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…

38-060. 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…

38-061. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-061 was titled Minimum Requirements for E-911 Operator Enrollment in Training and had the following history: Added by State Register Volume 21, Issue No.…

38-062. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-062 was titled Training Requirements for Certification and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27…

38-063. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-063 was titled Break in Service after Certification and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1…

38-064. Transferred by State Register Volume 39, Issue No. 6, Document No. 4350, eff June 26, 2015. Editor’s Note Former R. 38-064 was titled Separation from Employment and had the following history: Added by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997. Amend…

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…

38-1000. Contact Information from Traffic Stops. A. Definitions. For purposes of this regulation: 1. ‘‘Department’’ means the South Carolina Department of Public Safety. 2. ‘‘Agency’’ means a law enforcement agency required to report contact information pursuant to the provisions…

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…

38-151. Requirements for Approval. A. Helmet: Shall be approved only if it meets the minimum requirements of the USA Standard #Z90.1-1966 for Protective Headgear for Vehicular Users with respect to: 1. Construction 2. Materials 3. Extent of protection (coverage) 4. Labelling 5. S…

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-…

38-250. Establishing an Account. 1. Companies must request in writing, on company stationery, to establish an account. Individuals must request in writing to establish an account and must include their current mailing address. 2. Companies and Individuals must furnish the followi…

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. CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING. Editor’s Note HISTORY: Added by State Register Volume 30, Issue No. 4, eff April 28, 2006. Table of Contents Subpart A: General 38-382.101. Purpose. 38-382.103. Applicability. 38-382.105. Testing procedures. 38-382.107. D…

38-382.101. Purpose. The purpose of part 38-382 is to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles. HISTORY: Added by State Register Volume 30, Issue…

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…