South Carolina Administrative Code

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. (a) General. (1) A driver or holder of a CDL who is disqualified must not drive a CMV. (2) An employer must not knowingly allow, require, permit, or authorize a driver who is disqualified to drive a CMV. (3) A driver is subject to disqualif…

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. (a) Initial Commercial Driver’s License. Prior to obtaining a CDL, a person must meet the following requirements: (1) A person who operates or expects to operate in interstate or foreign commerce, or is otherwise subject to part 38-391, s…

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. (a) Vehicle group descriptions. Each driver applicant must possess and be tested on his/her knowledge and skills, described in Subpart G of 38-382, for the commercial motor vehicle group(s) for which he/she desires a CDL. The commercial…

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. 38-390.3.…

38-390.1. Purpose. 38-382 Establishes general applicability, definitions, general requirements and information as they pertain to persons subject to this chapter. HISTORY: Amended by State Register Volume 30, Issue No. 4, eff April 28, 2006.

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. 38-390.33. Commercial motor vehicles used for purposes other than defined. 38-390.37. Violation and penalty. SUBPART A General Applicability and Definitions

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…

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. Except as otherwise specifically indicated, regulation B of this chapter is not intended to preclude States or subdivisions thereof from establishing or enforcing State or local laws relating to safety, the compliance with which would no…

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. 38-391.15. Disqualification of drivers. Subpart C: …

38-391.11. General qualifications of drivers. (a) A person shall not drive a commercial motor vehicle unless he/she is qualified to drive a commercial motor vehicle. Except as provided in Regulation 38-391.63, a motor carrier shall not require or permit a person to drive a commer…

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. (a) Except as provided in subpart G of 38-382, a person shall not drive a commercial motor vehicle unless he/she has completed and furnished the motor carrier that employs him/her with an application for employment that meets the requirement…

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. (a) Except as provided in subpart G of 38-382, each motor carrier shall, at least once every 12 months, make an inquiry into the driving record of each driver it employs, covering at least the preceding 12 months, to the app…

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. (a) Except as provided in subpart G, a person shall not drive a commercial motor vehicle unless he/she has first successfully completed a road test and has been issued a certificate of driver’s road test in accordance with this 38-391. (b) The road test shal…

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. General requirements for driver qualification files.

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 …

38-392.1. Scope of the rules in 38-392. Every motor carrier, its officers, agents, representatives, and employees responsible for the manage- ment, maintenance, operation, or driving of commercial motor vehicles, or the hiring, supervising, training, assigning, or dispatching of …

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…