South Carolina Administrative Code

103-171. Filing Evidence of Bodily Injury and Property Damage Insurance Policy, Self- Insurance 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 a…

103-172. 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 LIABILITY LIMITS EQUIPMENT & CAPACITY PASSENGER 1 to 7 Passengers $25,000.00 $50,000.0…

103-173. Cargo Insurance or Surety Bond Required of Motor Carrier. 1. Terms of Insurance or Bond and Minimum Limits. Before any Class E Certificate can be issued and before any motor carrier operations can be conducted thereunder, the Class E motor carrier must procure a cargo in…

103-174. 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 23A S.C. Code Ann. Regs. 38-447) The policy or…

103-175. Revocation of Certificate. A failure to file evidence of insurance, self-insurance or surety bond shall be just cause for the commission, without further evidence or hearing, to suspend its order granting authority or to suspend the certificate or any license issued to t…

103-176. 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 the ORS not …

103-177. Name of Insured. Certificates of insurance, self-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: Amended by State Register Volume 22, Issue No. 6, Part 3, eff Ju…

103-178. Proof of Insurance Required. Certificates of insurance, self-insurance notices of cancellation, and surety bonds must be provided to the ORS. HISTORY: Amended by State Register Volume 22, Issue No. 6, Part 3, eff June 26, 1998; State Register Volume 32, Issue No. 5, eff …

103-179. Coverage to be Continuous. Surety bonds and certificates of insurance shall specify that coverage thereunder will remain in effect continuously until terminated. HISTORY: Amended by State Register Volume 22, Issue No. 6, Part 3, eff June 26, 1998; State Register Volume 3…

103-18. Filing Reports and Furnishing Information. Each railroad company shall file in the office of the Commission quarterly reports, on or before the last day of the month following the quarter for which the report is made, showing fully and in detail the revenues and expenses …

103-180. Commission 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 commission. HISTORY: Amended by State Register Volume 22, Issue No. 6, Part 3…

103-19. Stopping Passenger Trains at Stations. All passenger trains operated in this State shall, at all stations where such trains stop, either upon flag or regular schedule, be brought to a standstill with such relation to the waiting-rooms of the station building, or other pas…

103-190. Tariffs Must be Filed Before Commencement of Operations. 1. No motor freight carrier who operates under a Certificate may operate or perform any service under its operating authority until rates, fares, charges, classifications, and rules for the services to be performed…

103-195. Duties of Class E Household Good Movers As to Service and Regulations. Every motor carrier of property operating under a Certificate shall provide safe and adequate service, equipment, and facilities for the transportation of property, and shall establish, observe, and e…

103-196. Maintenance of Copies of Tariffs. Every motor carrier operating under a Certificate shall maintain at each of its principal places of business in the state and make available for inspection to the public at all reasonable times, all of its tariffs containing rates, charg…

103-199.5. Adjustment of Bills. If it is found that a household goods motor carrier has directly or indirectly, by any device whatsoever, demanded, charged, collected or received from any customer a greater compensation for any service rendered by such carrier than the maximum ra…

103-20. Conductors on Pullman, Dining Cars, etc. No sleeping car, chair car, parlor car, dining car, or buffet car shall be operated on any line of railroad in South Carolina, when occupied by regular passengers holding proper transportation for the occupancy of such cars, unless…

103-21. Rates Applicable to Roads Under One Management or Control. All connecting railroads, doing business in this State, and under the management or control, by lease, ownership, association or otherwise, of one and the same person, firm, corporation or associa- tion, shall, fo…

103-210. Applications Must Specifically Set Forth Commodities Applied for. Every applicant for a Certificate specifically shall set forth in its application each commodity which it proposes to transport. Upon an adequate showing by proper proof, the ORS after approval by the comm…

103-22. Local Shipments. All shipments moving locally by rail, between points in South Carolina are subject to rates, rules and regulations as adopted by the Public Service Commission of South Carolina, unless there is issued at the time of shipment at the place the shipment orig…

103-220. Use of Leased Vehicles. 1. Agreement Must Meet Certain Conditions. Carriers may perform authorized transportation in or with motor vehicle power units which they do not own only under contract, lease, or other approved arrangement. Such contract, lease, or other approved…

103-221. Exemptions. The provisions set forth in R.103-220 shall not apply to: 1. Agreements Between Carriers. Motor vehicle power units leased by one carrier to another carrier, provided however, that the lessee must maintain a legible, written copy of the agreement on the vehic…

103-222. Lessee Responsible. 1. For Drivers. The drivers of leased motor vehicle power units shall be directly supervised and controlled by the lessee. The person who, directly or indirectly, shall supervise or regulate the manner and method of shipment and the use of the motor v…

103-223. Safety Inspection of Leased Equipment. It shall be the duty of the carrier, before taking possession of any motor vehicle equipment, to inspect the same or to have the same inspected by a person who is competent and qualified to make such inspection and who has been duly…

103-224. Identification of Equipment. 1. All Vehicles Must Be Marked. The carrier acquiring the use of power units under this article shall identify such equipment during the period of the lease, contract, or other arrangement in accordance with R. 103-153. 2. When Agreement Ceas…

103-225. Records Must be Maintained for Three Years. Any motor carrier who operates leased vehicles in intrastate commerce pursuant to authority granted by this commission shall keep on file a copy of all leases and shall maintain other records required by this article at its pri…

103-23. Joint Rates Defined, Manner of Making Combination Rates. (a) Joint freight rates are those ordered put in, or authorized, by the Public Service Commission of South Carolina, which rates shall only apply on shipments moving between two points in the State of South Carolina…

103-230. Accounting. 1. Method of Keeping Books. Each motor carrier operating under a Certificate shall keep its books on the basis of an accounting year of twelve months ending on the thirty-first day of December in each year. 2. Records Retention. All records shall be maintaine…

103-232. Equipment Record. Every motor carrier operating under a Certificate shall keep on file in its main office, subject to inspection by the commission, a complete description of each motor vehicle and trailer used during the accounting year, including motor vehicles substitu…

103-233. Inspection of Vehicles, Books, Records, etc. 1. Carrier to Cooperate with Inspections. Auditors, accountants, inspectors, examiners, and other agents of the ORS, upon demand and display of proper credentials, shall be permitted by any carrier operating under a Certificat…

103-24. Rates Between Competitive Points. Where there are two or more railroad lines between any two points in South Carolina, having through connections, the lowest freight rate established between such points shall be charged by the other lines accepting the freight for transpo…

103-240. Grounds for Revocation of Certificate. The commission may at any time, after notice and opportunity to be heard, suspend, revoke, alter, or amend any certificate, if it shall be made to appear that the holder has willfully violated or refused to observe orders, rules, or…

103-241. Inspectors. The ORS, through inspectors duly appointed, will investigate and report violations of the provisions of the Motor Vehicle Carrier Law and the commission’s Rules and Regulations, and for the purpose of enforcing these laws, rules, and regulations, these inspec…

103-25. Distances for Changing Rates. Ten miles has been fixed as the usual limit for a change of freight rates in South Carolina, but the railroads may, if they so desire for intermediate distances, adopt rates also intermediate between those given in the tables. When the distan…

103-26. No Change of Rates Without Approval of the Commission. The rates fixed or authorized by this Commission are to be regarded as maximum rates, which the railroads shall not exceed, except when specifically authorized by rule or written consent of this Commission. The railro…

103-27. No Discrimination Allowed. There shall be no discrimination by any railroad company chartered by this State in favor of or against any railroad company with which it may connect, but each road shall deal with all its connections at any one point on the same terms, and sha…

103-28. No Rebate Permitted. No rebate, bonus, drawback or other advantage in any form shall be allowed, directly or indirectly, upon shipments made or service rendered to any person, but the rates shall be the same to all.

103-29. Obligation to Serve. No railroad shall decline or refuse to transport any article proper for transportation. HISTORY: Amended by State Register Volume 12, Issue No. 5, eff May 27, 1988.

103-30. Notice to be Given Before Change of Rates. Before any rate shall be affixed, established or changed by the Public Service Commission, the railroad company to be affected thereby shall have at least twenty (20) days’ notice of the time and place when and where the matter o…

103-300. Authorization of Rules. A. Sections 58-27-150 and 58-27-1910, Code of Laws of South Carolina, 1976, provides: ‘‘Rules and Regulations.—The commission may make such rules and regulations not inconsistent with law as may be proper in the exercises of its power or in the pe…

103-301. Application of Rules. 1. Jurisdiction. These rules shall apply to any person, firm, partnership, association, establishment or corporation (except municipalities or agents thereof, within their corporate limits, and any other exempt by South Carolina Statutes), which is …

103-302. Definitions. The following words and terms, when used in these rules and regulations, shall have the meaning indicated below. 1. Commission. The Public Service Commission of South Carolina. 2. Consolidated Political Subdivision. The term ‘consolidated political subdivisi…

103-303. Authorization for Rates and Charges. A. No schedules of rates or contracts involving rates, under jurisdiction of the commission, differing from approved tariffs or rates shall be changed until after the proposed change has been approved by the commission. B. All rates, …

103-304. Territory and Certificates. No electrical utility supplying electric service to the public shall hereafter begin the construction or operation of any electric facilities, or of any extension thereof, without first obtaining from the commission a certificate that public c…

103-305. Utilities Rules and Regulations. Each electrical utility shall adopt Rules, Regulations, Practices, Service Requirements, Terms and Conditions, etc., as may be necessary in the operation of such utility which shall be provided to the ORS and subject to review and order o…

103-31. When Rates are Effective. All authorities for rates issued by the Commission may be made effective at once, or as soon after date of issuance as possible, but in no case later than thirty (30) days after the date of the Commission’s authority, unless otherwise specified.

103-310. Location of Records and Reports. All records required by these rules, or necessary for the administration thereof, shall be kept, at the discretion of the utility, either within this State or in an accessible cloud-based or other electronic records retention system. Thes…