South Carolina Administrative Code

38-396.5. Lubrication. Every motor carrier shall ensure that each motor vehicle subject to its control is (a) Properly lubricated; and (b) Free of oil and grease leaks. HISTORY: Amended by State Register Volume 30, Issue No. 4, eff April 28, 2006.

38-396.7. Unsafe operations forbidden. (a) General. A motor vehicle shall not be operated in such a condition as to likely cause an accident or a breakdown of the vehicle. (b) Exemption. Any motor vehicle discovered to be in an unsafe condition while being operated on the highway…

38-396.9. Inspection of motor vehicles in operation. (a) Personnel authorized to perform inspections. Every special agent of the FHWA (as defined in appendix B to this regulation) is authorized to enter upon and perform inspections of motor carrier’s vehicles in operation. (b) Pr…

38-400. Authorization of Rules. 1. These rules and regulations are promulgated pursuant to the authority vested in the Depart- ment by the General Assembly by its enactments contained in Articles 1 to 11 of Chapter 23 of Title 58 of the Code of Laws of South Carolina, 1976, effec…

38-401. Application of Rules. 1. Jurisdiction. These rules are for general application and therefore shall apply to any person, firm, partnership, association, or corporation which is now or may hereafter become engaged as a motor carrier for hire within the State of South Caroli…

38-402. Definitions of Terms. As used herein, the following terms shall be accorded meaning as indicated: 1. Certificate of Compliance. ‘‘Certificate of Compliance’’ means a certificate representing a motor carrier has complied with the safety requirements of the Department of Pu…

38-403. Regulated Carriers Must Maintain Copy of Motor Vehicle Carrier Law and Department’s Rules and Regulations. Every motor carrier regulated by the Department shall keep at all times in its principal office in South Carolina a copy of these rules and regulations. HISTORY: Add…

38-404. Class ‘‘E-LC’’ Motor Carrier—Certificate of Compliance. A Class E-LC motor carrier is a carrier by motor vehicle of property which is properly insured to carry any cargo. A Class E-LC motor carrier will be issued a Certificate of Compliance. HISTORY: Added by State Regist…

38-405. Class ‘‘E-L’’ Motor Carrier—Certificate of Compliance. A Class E-L motor carrier is a carrier by motor vehicle of commodities which are of extremely low value such as sand, gravel, dirt, fill dirt, rocks, hot and cold mix asphalt, borrow and any other commodities as deter…

38-406. Clarification of Sec. 58-23-620. For the purpose of Section 58-23-620, a holder of any Certificate of Compliance shall be considered a Class E Certificate holder. HISTORY: Added by State Register Volume 22, Issue No. 3, eff March 27, 1998. SUBARTICLE 4 EXEMPTIONS FROM REG…

38-407. Motor Carriers Exempt from Economic Regulations. These rules shall not be construed to apply to: 1. United States mail carriers operating star routes while engaged solely in carrying mail; 2. Farmers or dairymen hauling dairy or farm products or to any other person engage…

38-408. Occasional Trip Defined. The occasional trip exemption is designed to cover the situation where a person may have a need to have one, non-recurring shipment moved and engages the services of a non-motor carrier to perform such movement. If, however, the engaged carrier is…

38-409. Applications Required. Any person desiring to operate in this State as a motor carrier for hire first shall file application for the type of certificate needed (Certificate of Compliance) with the Department on forms to be furnished by the Department. All required informa…

38-410. Responsibility Fixed. Applications will not be accepted from two or more persons operating under a trade name unless organized in a manner that will definitely fix responsibility. If a corporation, a photocopy of the corporate charter must accompany the application. HISTO…

38-411. Marking or Identification of Vehicles. 1. Marking of Vehicles Required. No carrier shall operate any motor vehicle upon the highways in the transportation of property or passengers for compensation unless the name, or trade name, and place of principal office appear on bo…

38-412. Insurance Policy or Surety Bond Required. 1. Before any certificate can be issued and before any motor carrier operations can be conducted thereunder, the motor carrier must file with and have accepted by the Department evidence of insurance policy or surety bond in the a…

38-413. Filing Evidence of Bodily Injury and Property Damage Insurance Policy or Surety Bond. 1. Evidence of Insurance Filed on Form E. Filing evidence of bodily injury and property damage insurance will be made on Form E, ‘‘Uniform Motor Carrier Bodily Injury and Property Damage…

38-414. Schedule of Minimum Limits. Insurance policies and surety bonds for bodily injury and property damage will have limits of liability not less than the following: MOTOR CARRIERS KIND OF EQUIPMENT & CAPACITY LIABILITY LIMITS FREIGHT (All motor vehicles used in the transporta…

38-415. Cargo Insurance or Surety Bond Required of Motor Carrier. 1. Terms of Insurance or Bond and Minimum Limits. Before any class E-LC certificate can be issued and before any motor carrier operations can be conducted thereunder, the class E-LC motor carrier must procure a car…

38-416. Filing Evidence of Cargo Insurance or Surety Bond. 1. Evidence of Cargo Insurance Filed on Form H. Evidence of cargo insurance will be filed on Form H, ‘‘Uniform Motor Carrier Cargo Certificate of Insurance.’’ (See Form H in 38-447 Appendix). The policy or a copy thereof …

38-417. Revocation of Certificate Either a failure to file evidence of insurance or surety bond or failure to keep all insurance or bonds in full force and effect shall be just cause for the Department, without further evidence or hearing, to cancel or revoke the certificate issu…

38-418. Cancellation of Insurance or Surety Bond. 1. Thirty (30) Days Notice Required. Any insurance company, surety bond company, or motor carrier which desires to cancel a policy or bond issued to a motor carrier subject to these rules can do so only after giving this Departmen…

38-419. Name of Insured. Certificates of insurance and surety bonds shall be issued in the full and correct name, as that name appears on the application or certificate of the motor carrier. HISTORY: Added by State Register Volume 22, Issue No. 3, eff March 27, 1998.

38-420. Number of Copies Required. Certificates of insurance, notices of cancellation, and surety bonds must be filed with the Department in triplicate. HISTORY: Added by State Register Volume 22, Issue No. 3, eff March 27, 1998.

38-421. Coverage to Be Continuous. Surety bonds and certificates of insurance shall specify that coverage thereunder will remain in effect continuously until terminated. HISTORY: Added by State Register Volume 22, Issue No. 3, eff March 27, 1998.

38-422. Department to Prescribe Forms. Endorsements for policies of insurance and surety bonds, certificates of insurance, and notices of cancellation will be in the form prescribed and approved by the Department. HISTORY: Added by State Register Volume 22, Issue No. 3, eff March…

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…