South Carolina Administrative Code

38-393.77. Heaters. On every motor vehicle, every heater shall comply with the following requirements: (a) Prohibited types of heaters. The installation or use of the following types of heaters is prohibited: (1) Exhaust heaters. Any type of exhaust heater in which the engine exh…

38-393.78. Windshield wipers. (a) Every truck, and truck tractor, having a windshield, shall be equipped with at least two automatically operating windshield wiper blades, one on each side of the centerline of the windshield, for cleaning rain, snow, or other moisture from the wi…

38-393.79. Defrosting device. Every truck, and truck tractor having a windshield, when operating under conditions such that ice, snow, or frost would be likely to collect on the outside of the windshield or condensation on the inside of the windshield, shall be equipped with a de…

38-393.80. Rear vision mirrors. (a) Every truck, and truck tractor shall be equipped with two rear vision mirrors, one at each side, firmly attached to the outside of the motor vehicle, and so located as to reflect to the driver a view of the highway to the rear, along both sides…

38-393.81. Horn. Every truck, truck tractor, and every driven motor vehicle in driveaway towaway operations shall be equipped with a horn and actuating elements which shall be in such condition as to give an adequate and reliable warning signal. HISTORY: Amended by State Register…

38-393.82. Speedometer. Every truck and truck tractor, manufactured after January 1, 1996, shall be equipped with a speedometer indicating vehicle speed in miles per hour, which shall be operative with reasonable accuracy; however, this requirement shall not apply to any driven v…

38-393.83. Exhaust systems. (a) Every motor vehicle having a device (other than as part of its cargo) capable of expelling harmful combustion fumes shall have a system to direct the discharge of such fumes. No part shall be located where its location would likely result in burnin…

38-393.84. Floors. The flooring in all motor vehicles shall be substantially constructed, free of unnecessary holes and openings, and shall be maintained so as to minimize the entrance of fumes, exhaust gases, or fire. Floors shall not be permeated with oil or other substances li…

38-393.86. Rear end protection. (a)(1) General requirements for trailers and semitrailers manufactured on or after January 26, 1998. Each trailer and semitrailer with a gross vehicle weight rating of 4,536 kg (10,000 lbs) or more, and manufactured on or after January 26, 1998, mu…

38-393.87. Flags on projecting loads. Any motor vehicle having a load or vehicle component which extends beyond the sides more than 4 inches or more than 4 feet beyond the rear shall have the extremities of the load marked with a red flag, not less than 12 inches square. HISTORY:…

38-393.88. Television receivers. Any motor vehicle equipped with a television viewer, screen or other means of visually receiving a television broadcast shall have the viewer or screen located in the motor vehicle at a point to the rear of the back of the driver’s seat if such vi…

38-393.9. Lamps operable. 38-393.11. Lighting devices and reflectors. 38-393.13. Retro-reflective sheeting and reflex reflectors, requirements for semitrailers and trailers manufactured before December 1, 1993.

38-393.93. Seats, seat belt assemblies, and seat belt assembly anchorages. (a) [Reserved] (b) Trucks and truck tractors (1) Trucks and truck tractors manufactured on and after January 1, 1965, and before July 1, 1971. Except as provided in paragraph (d), after June 30, 1972, ever…

38-393.95. Emergency equipment on all power units. Subpart I: Protection against Shifting or Falling Cargo

38-396. INSPECTION, REPAIR, AND MAINTENANCE. Editor’s Note HISTORY: Added by State Register Volume 22, Issue No. 6, Part 1, eff June 26, 1998. Amended by State Register Volume 30, Issue No. 4, eff April 28, 2006. Table of Contents 38-396.1. Scope. 38-396.3. Inspection, repair, an…

38-396.1. Scope. General. Every motor carrier, its officers, drivers, agents, representatives, and employees directly concerned with the inspection or maintenance of motor vehicles shall comply and be conversant with the rules of 38-382. HISTORY: Amended by State Register Volume …

38-396.17. Periodic inspection. (a) Every commercial motor vehicle shall be inspected as required. The inspection shall include, at a minimum, the parts and accessories set forth in appendix G of this regulation. Note: The term commercial motor vehicle includes each vehicle in a …

38-396.19. Inspector qualifications. (a) It shall be the motor carrier’s responsibility to ensure that the individual(s) performing an annual inspection under Regulation 38-396.17 (d) or (e) is qualified as follows: (1) Understands the inspection criteria set forth in 49 CFR part…

38-396.21. Periodic inspection recordkeeping requirements. (a) The qualified inspector performing the inspection shall prepare a report which: (1) Identifies the individual performing the inspection; (2) Identifies the motor carrier operating the vehicle; (3) Identifies the date …

38-396.23. Equivalent to periodic inspection. (a) The motor carrier may meet the requirements of Regulation 38-396.17 through a State or other jurisdiction’s roadside inspection program. The inspection must have been performed during the preceding 12 months. In using the roadside…

38-396.3. Inspection, repair, and maintenance. (a) General. Every motor carrier shall systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles subject to its control. (1) Parts and accessories shall be in …

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…