2005 South Carolina Code of Regulations § 38-902. — Inventory of Videotaping Equipment.

DEPARTMENT OF PUBLIC SAFETY

(Statutory Authority: 1976 Code Sections 23-6-10 et seq. and 23-47-20(C)(15))

ARTICLE 1.

CRIMINAL JUSTICE ACADEMY

SUBARTICLE 1.

LAW ENFORCEMENT TRAINING

38-001. Authority of Deputy Director.

A. The Deputy Director of the Criminal Justice Academy Division (Academy) of the Department of Public Safety (Department) is authorized to issue orders directing that public law enforcement agencies and law enforcement officers certified in this state comply with Article 9, Chapter 6 of Title 23, Code of Laws of South Carolina, 1976, as amended, and the regulations promulgated pursuant thereto.

B. All orders so issued shall be reviewed and ratified by the Director of the Department prior to their issuance.

38-002. Application for Re-issuance of Certification.

All applications for re-issuance of law enforcement certification shall be submitted within fifteen days after hiring on a form prescribed by the Department.

38-003. Requirement of Good Character.

A. Background Investigations.

Every agency who requests certification of any class of law enforcement officer shall conduct a background investigation in accordance with guidelines issued by the Department.

B. Certification to the Department.

Every agency who requests certification of any class of law enforcement officer shall certify to the Department that, in the opinion of the employing agency, the candidate is of good character and has not engaged in misconduct as defined in R.38-004.

C. Availability of Background Information.

Information obtained in any background investigation made in response to these regulations, shall be available, upon request, to the Department for its review and to any future prospective law enforcement employers to assist them in a determination of an applicant's good character for law enforcement certification.

38-004. Denial of Certification for Misconduct.

A. The Department may deny certification based on evidence satisfactory to the Department that the candidate has engaged in misconduct. For purposes of this section, misconduct means:

1. Conviction, plea of guilty, plea of no contest or admission of guilt (regardless of withheld adjudication) to a felony, a crime punishable by a sentence of more than one year (regardless of the sentence actually imposed, if any), or a crime of moral turpitude in this or any other jurisdiction;

2. Unlawful use of a controlled substance;

3. The repeated use of excessive force in dealing with the public and/or prisoners;

4. Dangerous and/or unsafe practices involving firearms, weapons, and/or vehicles which indicate either a willful or wanton disregard for the safety of persons or property;

5. Physical or psychological abuses of members of the public and/or prisoners;

6. Misrepresentation of employment-related information;

7. Dishonesty with respect to his/her employer;

8. Untruthfulness with respect to his/her employer.

B. In considering whether to deny certification based on misconduct, the Department may consider the seriousness, the remoteness in time and any mitigating circumstances surrounding the act or omission constituting or alleged to constitute misconduct.

38-005. Firearms Qualification Requirement.

Each law enforcement agency shall maintain proof of completion of a firearms qualification program and keep on file, available for inspection, proof that the firearms qualification program was administered by an Academy accredited firearms instructor.

38-006. Certification.

Certification will occur upon the successful completion of the prescribed training course as set out in 38-007. No candidate may be certified in more than one class at any one time and certification shall be that required for the most recent employing agency.

38-007. Training Requirements for Basic Law Enforcement Certification.

A. Class 1 Certifications

1. Candidates for basic certification as law enforcement officers with full powers shall successfully complete a training program as approved by the Department and will be certified as Class 1-LE.

2. Candidates for basic certification as both law enforcement officers with full powers and as local detention facility officers (jailers) shall successfully complete the requirements to be certified as Class 1-LE and Class 2-LCO and will be certified as Class 1-LECO.

B. Class 2 Certifications

1. Candidates for basic certification as local detention facility officers (jailers) shall successfully complete a training program as approved by the Department and will be certified as Class 2-LCO.

2. Candidates for basic certification as correctional officers with the Department of Corrections shall successfully complete a training program as approved by the Department and will be certified as Class 2-SCO.

3. Candidates for basic certification as juvenile correction officers with the Department of Juvenile Justice shall successfully complete a training program as approved by the Department and will be certified as Class 2-JCO.

C. Class 3 Certifications. Candidates for basic certification as law enforcement officers with limited powers of arrest or special duties shall successfully complete a training program as approved by the Department and will be certified as Class 3-SLE.

38-008. Equivalent Training.

A. Other States

All candidates who have received law enforcement training in other states shall submit satisfactory proof of successful completion and a verified copy of the courses taken. Training will be reviewed on a case by case basis and each candidate will be given credit for any training deemed to be equivalent to training offered by the Academy. All candidates must satisfy legal and firearms training as well as remedy any deficiencies in prior training.

B. Federal Training

All candidates who have received law enforcement training with U.S. federal agencies shall submit satisfactory proof of successful completion and a verified copy of the courses taken. Training will be reviewed on a case by case basis and each candidate will be given credit for any training deemed to be equivalent to training offered by the Academy. All candidates must satisfy legal and firearms training as well as remedy any deficiencies in prior training.

C. Military Training

All candidates who have received law enforcement training as U.S. military police shall submit satisfactory proof of successful completion and a verified copy of the courses taken. Training will be reviewed on a case by case basis and each candidate will be given credit for any training deemed to be equivalent to training offered by the Academy. All candidates must satisfy legal and firearms training as well as remedy any deficiencies in prior training.

D. Prior Training with Break in Service

1. All certification lapses when an individual terminates active law enforcement duty.

2. A candidate with a break in service of less than one year will be re-certified by the Academy upon receiving a request by his department and upon providing proof of no disabilities at law.

3. A candidate with a break in service of one year but less than three years will be re-certified upon submission of the application with appropriate documents as set out in R.38-100 and the completion of legal education and firearms training requirements.

4. A candidate with a break in service of three years or more must complete all the requirements of R.38-002, R. 38-005 and R. 38-006.

5. When a candidate becomes subject to new training requirements, as set forth in R.38-007, as a result of a transfer from one agency to another with different training requirements, the candidate must successfully complete the training requirements for the class of certification the candidate will occupy with the new agency.

6. A candidate who has been continuously certified in this state, in any class, and who transfers to a class in which he/she has been previously certified, will be certified in the prior class upon successful completion of the firearms qualification requirement.

38-009. Separation from Law Enforcement Employment.

A. All law enforcement agencies and other employers of law enforcement officers are required to notify the Department when an officer leaves the employment of the agency/employer, regardless of the reason for the separation within 15 days of separation.

B. Such notification shall take place on a form as prescribed by the Department, contain the facts and circumstances leading to the separation, and be for the Department's confidential use and subsequent safekeeping.

C. In the event that such notification contains allegations of misconduct, a copy of such notice shall be sent to the law enforcement officer and the officer shall be informed of the provisions of Section 23-6-460 and allowed to file a response for the Department's use and safekeeping.

D. A willful failure by law enforcement agencies and other employers of law enforcement officers to supply the facts and circumstances of separation shall subject the violator to a civil penalty as provided by law.

38-010. Reserve Police.

A. Definition

In addition to the definition required by law, a "reserve" officer is not paid by the agency for which the officer performs law enforcement duties.

B. Documentation and Reporting

1. Each agency having a reserve law enforcement officer program shall keep on file, available for inspection, all documentation required for regularly salaried law enforcement officers and as set out in R.38-002.

2. Each agency shall certify to the Department, using a form as prescribed by the Department, that such documentation is on file in the agency.

C. In-Service Requirement

Each agency having a reserve law enforcement officer program shall keep on file, and make available for inspection, documentation that each reserve officer has completed the in-service requirement as required by law.

D. Transfers

1. A reserve officer who desires to transfer to regular law enforcement status shall complete all the requirements as set forth by law and under R.38-008 as appropriate for the class of certification which the reserve officer will occupy.

2. A certified law enforcement officer who transfers to reserve status for a period of time not to exceed three years, shall be deemed to have no break in service as defined in R.38-008. Should the period of time exceed three years, the officer shall be deemed to have a break in service and shall complete all the requirements as set forth by law and under R.38-007, as appropriate for the class of certification which the reserve officer will occupy.

E. Operational Procedures

Any law enforcement agency wishing to establish a Reserve Officer program must meet minimum department sponsored certification criteria as required by SCDPS.CJAD Standards Section.

38-011. Traffic Radar Operator.

A. Qualification

Only Class 1 certified law enforcement officers and appointed reserve officers may be accredited as traffic radar operators.

B. Accreditation

To be accredited as a traffic radar operator, a law enforcement officer must complete a course of training taught by a certified law enforcement traffic radar instructor.

38-012. Application for Re-certification.

An application for re-certification must be submitted on a form approved by the Department and is deemed complete when the form, with the necessary information as set out in R.38-013, is received by the Department.

38-013. Continuing Law Enforcement Education Requirements for Re-certification.

A. Eligibility

No law enforcement officer is eligible for re-certification unless, in addition to the requirements of R.38-012, the officer has successfully completed, at a minimum, the number of approved continuing law enforcement education hours as appropriate for the officer's certification class, as specified in R.38-007. Such education hours shall be designated as Continuing Law Enforcement Education (CLEE) hours in the context of these regulations.

B. Class 1 Re-certification Requirements:

1. Officers possessing a current Class 1-LE Certification shall be required to obtain forty CLEE hours in a three year period. The forty CLEE hours shall consist of at least one legal update course and one domestic violence course, presented or approved by the Academy, each year of the three year period. The remaining required CLEE hours in the three year period may come from any source approved by the Academy.

2. Officers possessing a current Class 1-LECO certification shall be required to complete the number of hours of in-service instruction per year as specified by the Jail Standards Committee and approved by the Department. Each officer shall also be required to complete at least one legal update course and one domestic violence course, presented or approved by the Academy, each year of the three year period.

C. Class 2 Re-certification Requirements:

1. Officers possessing a current Class 2-LCO Certification shall be required to complete the number of hours of in-service instruction per year as specified by the Jail Standards Committee and approved by the Department.

2. Officers possessing a current Class 2-SCO Certification shall be required to complete a Department approved agency in-service program of at least forty hours every three years. At least one course each year shall be a legal update course.

3. Officers possessing a current Class 2-JCO certification shall be required to complete a Department approved agency in-service program of at least forty hours every three years. At least one course each year shall be a legal update course.

D. Class 3 Re-certification Requirements:

Officers possessing a current Class 3 Certification shall be required to complete at least one legal update course, presented by the Academy, each year of the three year period.

38-014. Approval of Continuing Law Enforcement Education Hours for Re-certification Requirements.

A. The Department shall approve courses for CLEE hours toward officer re-certification upon application made on a form approved by the Department and containing the following information concerning the courses.

1. The name of the course sponsor and its address;

2. The course agenda showing the actual number of hours of instruction;

3. A listing of course faculty with educational and professional credentials for each faculty member;

4. A copy of the course written materials, including a lesson plan and any test instruments which will be used;

5. Any supporting material which the course offeror wishes to submit for the Department's consideration.

B. The Department shall maintain a listing of courses which are approved for CLEE hours towards officer re-certification and shall indicate after each course the number of CLEE hours for which the course is approved. The listing shall be updated on an annual basis.

C. Courses, once approved, shall be added to the listing maintained by the Department. In order to receive continuing approval for course offerings, the offeror of each course must provide, on each successive second anniversary of the course's being placed on the listing, an updated application form and supporting documentation as stated in paragraph (A) of this section. Failure to comply with this requirement shall result in the course being removed from the listing and having its approval withdrawn.

38-015. Extension of Certification Renewal Date.

A certified law enforcement officer who is unable to complete the requirements of R.38-013 within the three year period specified will be granted an extension to his/her renewal date in the following cases:

A. Military Leave. Any officer called to active military duty for a period of more than thirty consecutive days shall be granted an extension to his/her renewal date, as specified in Section 23-6-440(C) of the South Carolina Code of Laws, for the duration of the active duty, plus ninety days.

B. Medical, Disability or Administrative Leave.

1. Any officer who is on disability leave, medical leave, administrative leave as a result of an assault by an inmate, patient or client, or other administrative leave granted by the employing agency, with or without pay, for a period of more than thirty consecutive days, shall be granted an extension to his/her renewal date, as specified in Section 23-6-440(C) of the South Carolina Code of Laws, for the duration of the leave, provided such extension does not exceed one year.

2. Any officer on medical leave, disability leave, administrative leave as a result of an assault by an inmate, patient or client, or other administrative leave granted by the employing agency, for a period of one year or more shall be treated under R.38-008(D)(3) or (4).

C. Eligibility and Application for Extension of Renewal Date.

1. Only officers whose law enforcement responsibilities have been suspended will be eligible for an extension of renewal date.

2. Application by the employing agency for an extension of renewal date shall be made within forty-five days of the beginning of military leave, medical leave, disability leave, administrative leave as a result of an assault by an inmate, patient or client, or other administrative leave granted by the employing agency, on a form prescribed by the Department.

3. Notification by the employing agency of a return to active law enforcement duty shall be made within fifteen days of return to active law enforcement duty on a form prescribed by the Department.

38-016. Withdrawal of Certification of Law Enforcement Officers.

A. A law enforcement officer, certified pursuant to the provisions of R.38-007 and R.38-008, shall have his or her certification as a law enforcement officer withdrawn by the Department upon the occurrence of any one or more of the following events:

1. The officer is found to have falsified any application for certification and training based upon which the officer was admitted for training.

2. The officer is found to be ineligible for service as a law enforcement officer because of his or her failure to meet prerequisite qualifications for training and certification, as set by law, even though such ineligibility is not discovered until after the officer's initial certification.

3. The officer is convicted of a criminal offense under the law of any jurisdiction which would, by the laws of this State, disqualify the officer from obtainment of certification as provided for in R.38-007 and R.38-008.

4. Evidence satisfactory to the Department that the officer has engaged in misconduct. For purposes of this section, misconduct means:

a. Conviction, plea of guilty, plea of no contest or admission of guilt (regardless of withheld adjudication) to a felony, a crime punishable by a sentence of more than one year (regardless of the sentence actually imposed, if any), or a crime of moral turpitude;

b. Unlawful use of a controlled substance;

c. The repeated use of excessive force in dealing with the public and/or prisoners;

d. Dangerous and/or unsafe practices involving firearms, weapons, and/or vehicles which indicate either a willful or wanton disregard for the safety of persons or property;

e. Physical or psychological abuses of members of the public and/or prisoners;

f. Misrepresentation of employment-related information;

g. Dishonesty with respect to his/her employer;

h. Untruthfulness with respect to his/her employer.

i. Violations of criminal law resulting from administrative inquiries.

Provided however that in considering whether to withdraw certification based on misconduct, the Department may consider the seriousness, frequency and any mitigating circumstances surrounding the act or omission constituting or alleged to constitute misconduct.

B. The officer's certification expires due to the officer's failure to meet re-certification requirements as set out in R. 38-013.

38-017. Reporting of Events Requiring Withdrawal of Certification.

A. It shall be the responsibility of the sheriff or the chief executive officer of every law enforcement agency or department within the State to report to the Department the occurrence of any event, or series of events, set forth in R.38-016 which requires the withdrawal of certification of a law enforcement officer who is currently or was last employed by his or her agency.

B. The report shall be made within fifteen days of the final agency or department action resulting from the internal investigation conducted by the agency or department, and shall be on a form prescribed by the Department.

C. A willful failure to report information shall subject the violator to a civil penalty as provided by the Department.

D. Only events which are determined as founded by the department or agency shall be reported as provided herein above.

38-018. Investigation of Events Requiring Withdrawal of Certification; Notification to Officer.

A. Upon receipt of a report pursuant to R.38-017A, the Department shall initiate an investigation into reported events which require withdrawal of the law enforcement officer's certification.

B. The Department may suspend the certification of any law enforcement officer pending the outcome of an investigation initiated pursuant to paragraph (A) above.

C. A law enforcement officer who is the subject of an investigation shall be notified of its initiation on a form prescribed by the Department, sent by certified mail to the current address on file at the Academy, return receipt requested, as soon as practicable after the investigation is initiated.

D. Duplicate of such notice shall be sent, in the same manner prescribed in paragraph (C) above, to the current sheriff or chief executive officer of the employing agency or department of the law enforcement officer.

E. The Department may direct that the investigation, on its behalf, be conducted. The investigation shall be sent to the Department for its confidential use and review.

F. Where the Department's investigation indicates that withdrawal of the law enforcement officer's certification is not warranted, the Department shall notify the law enforcement officer and the sheriff or chief executive officer of the employing law enforcement agency of its finding, in accordance with the notice provisions of paragraphs (C) and (D) above.

G. Where the Department's investigation indicates that withdrawal of the law enforcement officer's certification is warranted, the Department shall proceed in accordance with R.38-019.

38-019. Notification of Withdrawal of Certification.

A. Prior to the withdrawal of a law enforcement officer's certification pursuant to R.38-016, the Department shall notify the officer whose certification is to be withdrawn on a form prescribed by the Department sent by registered mail, to the current address on file at the Academy, return receipt requested, to the officer.

B. Such notice shall be provided to the officer ten days in advance of the effective date of withdrawal of the certification.

C. Duplicate of such notice shall be sent in the same manner as in paragraph (A) above, to the current sheriff or the chief executive officer of the law enforcement agency or department of the law enforcement officer.

38-020. Confidentiality of Notification.

All notifications to law enforcement officers and their respective employing law enforcement agencies pursuant to R.38-017, R.38-018 and R.38-019 shall be handled in a confidential and sensitive manner.

38-021. Law Enforcement Emergency Vehicle Training Requirement.

A. Every agency which employs one or more law enforcement officers who use emergency vehicles shall make provision for the training set out in R.38-022 as appropriate for each such officer's law enforcement duty requirements prior to any such officer's certification as qualified by the Department.

B. Officers holding valid certification on the effective date of these regulations must successfully complete the training set out in R.38-022, as is appropriate for such officer's law enforcement duty requirements within 180 days of such date.

38-022. Law Enforcement Emergency Vehicle Training Programs.

A. Non-Emergency Response Training

1. Every law enforcement officer who drives or operates an emergency vehicle shall successfully complete a course of instruction as prescribed by the Department relating to non-emergency operation of the law enforcement emergency vehicle.

2. Every agency required to make provision for the training prescribed in R.38-022(A)(1) shall promulgate written policy and procedure concerning non-emergency vehicle response, consistent with the provisions of the course of instruction prescribed by the Department, which shall be included as part of the training program provided to its officers.

B. Emergency Response Training

1. Every Class 1 law enforcement officer and any other law enforcement officer who drives or operates a law enforcement emergency vehicle in response to an emergency, as defined in these regulations, shall successfully complete a course of instruction as prescribed by the Department relating to emergency response operation of the law enforcement emergency vehicle.

2. Every agency required to make provision for the training prescribed in R.38-022(B)(1) shall promulgate written policy and procedure concerning emergency response with the law enforcement emergency vehicle, consistent with the provisions of the course of instruction prescribed by the Department, which shall be included as part of the training program provided to its officers.

C. Pursuit Training

1. Every Class 1 law enforcement officer and any other law enforcement officer who drives or operates a law enforcement emergency vehicle in pursuit of an actual or suspected violator of the law, as defined in these regulations, shall successfully complete a course of instruction as prescribed by the Department relating to pursuit operation of the law enforcement emergency vehicle.

2. Every agency required to make provision for the training prescribed in R.38-022(C)(1) shall promulgate written policy and procedure concerning pursuit operation of the law enforcement emergency vehicle, consistent with the provisions of the course of instruction prescribed by the Department which shall be included as a part of the training program provided to its officers.

38-023. Notification of Training Compliance.

A. Every agency required to conduct training pursuant to R.38-022 shall provide proof of completion of the required training programs, including appropriate instruction in the written policies and procedures of the agency concerning operation of the law enforcement emergency vehicle as required by R.38-022.

B. A law enforcement officer who transfers from one agency to another shall be required to successfully complete the training program appropriate for the agency to which transfer has occurred, in accordance with R.38-022. Provided, however, that an officer who has successfully completed a training program pursuant to R.38-022 within a period of one year of the date of transfer to another agency, where the successfully completed program is appropriate for the officer's law enforcement duty with the agency to which transferred, shall not be required to complete another training program upon such a transfer, but rather the employing agency to which transferred shall provide appropriate instruction to the transferred officer in the written policies and procedures of the agency concerning operation of the law enforcement emergency vehicle as required by R.38-022. This training shall be reported to the Department as required in R.38-023(A).

38-024. Continuing Training Requirement.

A. The training required by R.38-022 shall be conducted on a continuing basis no less frequently than annually. Every agency shall report, on the form prescribed by the Department, the provision of appropriate training on or before the expiration of the current certification. Nothing in these regulations shall be construed to prohibit such training on a basis more frequently than annually.

B. Officers successfully completing appropriate required emergency vehicle training shall be provided CLEE hours in accordance with R.38-013 appropriate for the number of hours of instruction received.

38-025. Approval of Training Programs.

A. All agencies required to conduct training programs pursuant to R.38-022 shall, prior to initiation of the required training, submit training materials as required by the Department to the Academy for review and approval.

B. CLEE hours shall be awarded only for materials properly submitted and approved by the Department.

38-026. Equivalent Law Enforcement Emergency Vehicle Training.

Training provided by other states, the federal government or private training providers, will be evaluated in a fashion consistent with the provisions of R.38-008. In each instance where an agency or officer submits a request for credit for equivalent training, the employing agency must provide verification that appropriate instruction in the written policies and procedures of the agency has occurred, in accordance with the directives of R.38-023(B) regarding transferred officers.

38-027. Effect of Failure to Comply.

A. Any agency which willfully fails to comply with the directives of R.38-021 through 38-026, shall be subject to a civil penalty as provided by law.

B. Any law enforcement officer found not to be in compliance with the directives of R.38-021 through 38-026, shall have his or her certification as a law enforcement officer withdrawn in accordance with R.38-016(A)(2) and his or her authority to exercise law enforcement powers shall cease, and the officer's certification shall be deemed to have lapsed.

38-028. Definitions.

For purposes of R.38-021 and 38-022, the following definitions shall apply:

A. Emergency: A sudden or unexpected occurrence involving an imminent threat to human life or immediate potential for extreme property damage under conditions requiring immediate response to curtail imminent harm to human life.

With respect to the suspected commission of a criminal offense and law enforcement response to such offense, the classification of the crime as felony or misdemeanor shall not be the sole determinative factor of whether an emergency is present; but rather all known factors, in accordance with the first paragraph above, will be weighed in a determination of whether an emergency exists.

B. Non-Emergency: A situation involving conditions routinely encountered in line of law enforcement duty which does not pose an imminent threat to human life or immediate potential for extreme property damage which would require immediate response to curtail harm to human life.

C. Pursuit: An event involving a law enforcement officer attempting to apprehend a person in a motor vehicle while that person is trying to avoid capture by willfully failing to yield to the officer's signal to stop. It also includes the closing of the distance between a law enforcement vehicle and the violator's vehicle under circumstances where the violator is not yet aware of the law enforcement action.

D. Emergency Response: The driving of a law enforcement emergency vehicle by a law enforcement officer in response to an emergency, as defined herein, where the response is conducted in accordance with state law and department policy.

E. Non-Emergency Response: The driving of a law enforcement emergency vehicle by a law enforcement officer in response to a non-emergency, as defined herein. This response involves operation of the law enforcement emergency vehicle in all modes other than emergency response or pursuit mode.

F. Law Enforcement Emergency Vehicle: A motor vehicle, as defined by the laws of this state, whether marked or unmarked, used by a law enforcement agency in the conduct of law enforcement operations, in accordance with state law and department policy.

SUBARTICLE 3.

E-911 SYSTEM

38-060. Definitions.

A. "Operator" means a telecommunications operator or dispatcher employed in an E-911 system.

B. "Agency" means local government or public safety agency employing operators.

C. "Director" means the Director of the South Carolina Department of Public Safety.

D. "Academy" means the Division of Training and Continuing Education of the South Carolina Department of Public Safety.

38-061. Minimum Requirements for E-911 Operator Enrollment in Training.

A. All agencies having operators as candidates for training and certification shall submit to the Academy, the following:

1. an application under oath in a format prescribed by the Director;

2. evidence satisfactory to the Director that the candidate possesses a high school diploma or equivalent recognized and accepted by the South Carolina Department of Education;

3. evidence satisfactory to the Director that the candidate's present age is not less than eighteen years;

4. evidence satisfactory to the Director that the candidate has not been convicted of any criminal offense that carries a possible sentence of more than one year.

B. Nothing in this regulation shall be construed to preclude any agency from establishing qualifications or standards for hiring that exceed these minimum standards.

38-062. Training Requirements for Certification.

A. Candidates for certification as operators shall successfully complete a prescribed course of training as approved by the Director and will be certified as Class 4-TCO.

B. Candidates employed as operators on the effective date of these regulations may be certified without completing the training referenced in paragraph (A) above if the candidate has:

(1) two years continuous employment as an emergency services dispatcher and no break in service of longer than six months; or

(2) one year continuous employment as an emergency services dispatcher, no break in service of more than six months, and prior training accredited by the Academy, and the candidate successfully passes a comprehensive test as approved by the Director and administered by the Academy. No retest will be offered.

38-063. Break in Service after Certification.

A. All certification lapses upon separation from employment.

B. Candidates with prior certification and a break in service of less than one year will be recertified upon a request by the employing agency, provided the agency produces evidence satisfactory to the Director that the candidate has not been convicted of any criminal offense that carries a possible sentence of more than one year.

C. Candidates with prior certification and a break in service of more than one year must meet the requirements of 38-061 and 38-062(A).

38-064. Separation from Employment.

Agencies shall notify the Academy of the separation from employment of any certified operator. If the separation is a result of the conviction for a criminal offense carrying a possible sentence of more than one year, such conviction shall be reported to the Academy. All reports shall take place on a form approved by the Director.

38-065. Cost of Training.

The cost of training shall be established by the Academy. Agencies shall forward an authorized purchase order for this amount with each application for training.

ARTICLE 3.

DIVISION OF MOTOR VEHICLES

SUBARTICLE 1.

SPECIAL LICENSE PLATES

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 issued to United States Representatives and Senators from South Carolina, said plates to bear the words "Member U. S. Congress" or "Member U. S. Senate," as the case may be. The said plates shall be serially numbered 1 through 6 in the case of those designated "Member U. S. Congress," and 1 and 2 in the case of those designated "Member U. S. Senate." The said specially designated license plates shall be reserved by the Department of Public Safety for issuance in the order of the seniority of the Representatives and Senators; Provided, that by mutual consent between respective Representatives and Senators the order in which serial numbers are issued may be modified.

B. The specially designated license plates issued hereunder shall not be transferable, and in the event an owner transfers or otherwise disposes of a vehicle for which one of the said plates has been issued, he shall return same to the Department of Public Safety in exchange for a regular license plate which, in turn, may be transferred as provided for by law; or the Department of Public Safety may authorize a specially designated license plate to be transferred to another vehicle of the same owner upon receipt of application therefor and payment of the regular fee required by law for registration and license of that vehicle.

C. Specially designated license plates issued hereunder shall be surrendered to the Department of Public Safety upon expiration of the term of office, resignation, or death of the holder, in exchange for a regular license plate not specially designated.

D. All specially designated license plates issued hereunder shall expire on the 31st day of January.

E. Nothing herein shall be construed as affecting the license and registration fees to be paid on the vehicles involved, nor in any way to otherwise relieve the owners from complying with all provisions of the law relating to the licensing and registration of vehicles in South Carolina.

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 regular fee required by law paid, be issued to the members of the South Carolina General Assembly, said plates to bear the words "State Senator" for members of the South Carolina Senate, and "State Legislator" for a member of the South Carolina House of Representatives, as the case may be. The said plates shall be serially numbered one through forty-six in the case of those designated "State Senator," and one through one hundred twenty-four for those designated "State Legislator." The said specially designated license plates shall be reserved by the Department of Public Safety for issuance in the order of seniority of the State Senators and members of the House of Representatives, provided that by mutual consent between respective Representatives and Senators, the order in which serial numbers are issued may be modified.

B. The specially designated license plates issued hereunder shall not be transferable, and in the event an owner transfers or otherwise disposes of a vehicle for which one of the said plates has been issued, he shall return same to the Department of Public Safety in exchange for a regular license plate which, in turn, may be transferred as provided by law, or the Department of Public Safety may authorize a specially designated license plate to be transferred to another owner of the same vehicle upon receipt of application therefor and payment of the regular fee required by law for registration and licensing of that vehicle.

C. Specially designated license plates issued hereunder shall be surrendered to the Department of Public Safety upon expiration of the term of office, resignation or death of the holder in exchange for a regular license plate not specially designated.

D. All specially designated license plates issued hereunder shall expire on the 31st day of January of each year.

E. Nothing herein shall be construed as affecting the license and registration fees to be paid on the vehicle involved, nor in any way to otherwise release the owners from complying with all provisions of the law relating to the licensing and registration of vehicles in South Carolina.

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 bear the title of the office holder or any other numerical designation approved by the State Constitutional Officer and the Department; to duly elected members of Statewide Commissions and the numerical designation of the district or circuit which such member represents; to any past Governor of South Carolina, said plates to bear the word "Governor" and the numerical designation of the years in office.

No special personalized motor vehicle license plates included in this section will be issued requiring special or separate dies unless the cost of such dies will be recovered within a two-year license period from the fifteen-dollar ($15.00) annual fee charge for personalized license plates and none of these plates will be manufactured to include the word designation "Chairman."

B. A special series of private passenger automobile license plates are hereby designated, which may, upon proper application being made therefor, be issued to members of the South Carolina Supreme Court, Members of the South Carolina Circuit Court and qualified residents of any Federal Judiciary Office. The fee for the issue of such special plates shall be the regular motor vehicle registration fee as set forth in Article 5 of Chapter 3 of Title 56 of the 1976 Code.

C. The specially designated license plates issued hereunder shall not be transferable except to another vehicle of the same owner and only then upon receipt of proper application therefor and payment of the fee required by law for registration and license of that vehicle. Such plates shall not be transferable to another person unless so authorized by the Department.

D. Specially designated license plates issued hereunder shall be surrendered to the Department of Public Safety upon expiration of term of office, resignation, or death of the holder, in exchange for license plates not specially designated.

38-110. Repealed by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.

SUBARTICLE 3.

ADMINISTRATION AND ENFORCEMENT OF THE FINANCIAL RESPONSIBILITY ACT AND LAWS REGARDING MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY

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 the South Carolina Automobile Reparation Reform Act of 1974, Chapter 11 of Title 56 of the 1976 Code, is in effect.

This item shall not apply with respect to any motor vehicle owned by the U. S., this State or any political subdivision of this State or any municipality therein. Authority 1976 South Carolina Code of Laws, as amended, Section 56-9-30.

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 contained in Chapter 9 of Title 56. However, pursuant to Section 56-10-10 political subdivisions who wish to be self-insured must still provide proof that adequate security is in place to meet the minimum coverage specified in Section 56-10-20.

II. Political Subdivisions must meet the following requirements to be self-insured with the Department of Public Safety:

A. Apply annually to be self-insured. The application must be submitted thirty (30) days prior to the expiration of the current self-insured period.

B. Annually provide a recent actuary's report, not more than six months old from the date of application, of the political subdivisions's projected automobile liability losses for the upcoming self-insured period.

C. Annually provide proof that sufficient funds are available and will be maintained to cover the projected losses listed in the actuary's report.

D. Annually provide a copy of the political subdivisions's most recent financial statement, which shall be not more than six months old from the date of application.

E. If an Excess Liability Insurance Policy is in place, the political subdivision must designate the Department of Public Safety as the Certificate holder on the policy.

III. Other Self-Insured Applicants must meet the following requirements:

A. Apply annually to be self-insured. The application must be submitted thirty (30) days prior to the expiration of the current self-insured period and contain the information required by Section 56-9-60.

B. Pursuant to Section 56-9-60 to be self-insured an applicant must:

1. have more than twenty-five motor vehicles registered in the applicant's name;

2. provide the Department with a copy of the applicant's latest financial statement prepared by a certified public accountant licensed to do business in South Carolina, indicating that the applicant has a positive net worth;

3. provide the Department with a current list of all vehicles registered in the applicant's name;

4. provide the Department with the applicant's procedural guidelines for processing claims;

5. the applicant must have a net worth of twenty million dollars or the Department may require the applicant to deposit in a segregated self-insured claims account the sum of three thousand dollars for each vehicle to be covered by the self-insurer's certificate.

C. Self-Insured funds must be segregated in a federally insured savings or checking account or maintained in another federally insured account such as:

1. Money Market Accounts or

2. Certificates of Deposits

All accounts containing self-insured funds must either be payable to the South Carolina Department of Public Safety or designate the Department as a lienholder. The account, however, shall be in the name of the Self-Insurer and all interest which accrues to the account shall belong to the Self-Insurer. The Department of Public Safety must be provided copies of statements of accounts containing self-insured funds on either a monthly or quarterly basis depending upon how often the statements are issued. The Department must also be notified when the term has expired for any certificates of deposit containing self-insured funds.

D. If a portion of the required self-insured funds are to be covered by real estate, a quick sale appraisal of the property must be submitted at the time of the initial application. Thereafter, an appraisal update must be submitted annually with the renewal application. Pursuant to Section 56-9-60, no more than twenty percent of the required self-insured funds may be covered by the "quick sale" appraised value of real estate located in the State.

38-130, 38-140. Repealed by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.

38-130, 38-140. Repealed by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.

SUBARTICLE 5.

PROTECTIVE HELMETS, FACE SHIELDS AND WINDSCREENS

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 glass or plastic eye pieces or eye cups worn over the eyes and held in place by a headband or temple piece for protection of the eyes and eye sockets.

C. Face Shield. A device attached to a helmet which covers the wearer's face at least to a point approximating the tip of the nose for the purpose of providing protection of the eyes against flying objects, dust, glare or a combination of these hazards.

D. Windscreen. A device mounted on a two-wheeled motorized vehicle forward of the rider designed to deflect wind and/or small flying objects from the face and body of the rider.

E. Harness. Collectively all those parts of a helmet such as chin strap, etc. which act to restrain and hold the helmet in proper position on the head of the wearer.

F. Shell. The outer material that gives rigidity and provides the general form of the helmet.

G. Department. The South Carolina Department of Public Safety

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. Shock absorption (except limited to one impact at each of four sites)

6. Penetration

7. Retention (performance of harnesses)

Also, to be approved by the Department, a helmet shall have a reflectorized surface, or shall have securely affixed thereto on both the right and left side a reflectorized material providing not less than 4 square inches of reflectorized surface on each side of the helmet. If the reflectorized material is affixed to the helmet, it must be attached with a suitable permanent, weather-proof and water-resistant adhesive.

Special Labeling

Helmets approved by the Department shall be permanently labelled on the outer surface of the shell at the lower rear center edge with letters and numbers at least 1/4 inch; in height giving the manufacturer's name or trade name and model name or number, and these shall be the same under which the helmet has been approved by the Department.

B. Goggles: Shall be approved only if they meet with the minimum requirements of the "Eye Protection" section of the USA Standard #Z2.1-1959 for Head, Eye and Respiratory Protection, specifically that portion applicable to the following types of eye protection devices:

Goggles, eye cup (except welders and cutters)

Spectacles, metal or plastic frame

Goggles, flexible fitting

Spectacles, plastic eye shield

The following modifications of the USA Standards shall be applicable:

(a) Table 3, Selection of Eye-and Face-Protective Devices, shall not apply.

(b) Language referring to employees shall be construed as referring to persons operating or riding on a two-wheeled motorized vehicle.

Goggles approved by the Department shall bear a readily identifiable mark used by the manufacturer to indicate compliance with the USA Standards, and the device shall bear a manufacturer's tag at time of sale to the consumer indicating the brand name and model designation, and these shall be the same under which the goggles were approved by the Department.

C. Face Shield: Shall be approved only if:

(a) It meets the requirements established in the USA Standard Specifications #Z2.1-1959 for Head, Eye and Respiratory Protection, specifically that portion devoted to "Face Shields" and prescribing official test procedures for the following physical qualities (other than where exceptions or modifications are given):

1. Impact resistance, plastic-window face shield, except that the face shield shall be tested while attached to a helmet and the harness of the helmet shall take the place of the crown strap

2. Penetration resistance, plastic-window face shield

3. Visible transmittance, plastic windows

4. Flammability, plastic windows

5. Disinfection

(b) The edge of the shield is smooth, and if bevelled it must be dull finished.

(c) The shield is adequately supported, as a snap-on or flip-up attachment to the helmet.

(d) The shield covers the face both front and sides, from the leading edge of the helmet above the eyes to a point at or below the tip of the nose of the wearer.

(e) The shield is marked permanently and legibly for manufacturer identification as required by USA Standard #Z2.1-1959 and in addition bears a manufacturer's tag at time of sale to the consumer indicating brand name and model designation, and these shall be the same under which the shield was approved by the Department.

D. Windscreen: Shall be approved only if

(a) The visual material meets the provisions appearing in USA Standard Specifications #Z26.1-1966 for Safety Glazing Materials for Motor Vehicles Operated on Land Highways as pertaining to motorcycle use. For rigid plastic material Item #4 of Table 1 shall be used, and for flexible plastics Item #6 of Table 1 shall be used.

(b) The metal support for the shield shall be of material that will bend under impact rather than fragment.

(c) Cover material, other than visual material, shall be beaded at the edges or otherwise suitably trimmed off to prevent fraying, and if cloth shall be tested for flammability in accordance with procedures of #5902 of specifications of the ASTM.

(d) Each windscreen approved shall be labelled at a readily visible location showing the name of manufacturer, trade name if any and model designation, and these shall be the same name and model under which the device has been approved.

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 against minimum or maximum values prescribed by the applicable State Standards and Specifications and shall be certified by the testing agency with respect to accuracy and compliance with the requirements for approval.

B. Procedure for Securing Approval.

(a) A manufacturer desiring approval of a helmet, goggles, face shields or windscreen shall submit to the Director of the Department or his designee, Columbia, South Carolina postage prepaid a test report (From an independent testing laboratory approved by the State) certified as required under the foregoing paragraph on "Test," together with a sample of the device for which approval is sought, fully identified as required by these regulations.

(b) If after receiving the report and the related sample the Department finds that the device meets the requirements of these regulations a notice of approval of the device will be issued. All samples will be retained by the Department for future reference and control purposes.

(c) Any protective device appearing on the approved list of the Public Health Service of the U.S. Department of Health, Education and Welfare will be approved if it also meets all other requirements of the South Carolina Act not included in current USA Standards upon which DHEW approval is based.

SUBARTICLE 7.

DRIVER SCHOOLS

38-160. Definitions.

"Driver Training School" means a facility or legal entity which is in the business of training or educating persons to operate motor vehicles or which offers training or education to operate a motor vehicle for a fee or charge. Where appropriate, the term includes any owner, partner, officer, employee, or agent of the school.

"Department" means the South Carolina Department of Public Safety.

"Representative" means a duly authorized employee of the Department.

"Contract or Record of Agreement" means a form used by driving training schools to indicate the services offered to the person receiving instruction or education in the operation of a motor vehicle.

"Instructor Trainer" means a qualified person offering instruction to qualify individuals as driving training instructors.

"Student" means a person who has paid a fee to a driver training school for instruction or education in the operation of a motor vehicle or for instruction or assistance in the preparation to take a written examination for a drivers license or drivers permit to operate a motor vehicle.

38-161. General Application Requirements.

All persons, firms, associations, partnerships, corporations, or other legal entities to be licensed to operate a driving school, or to engage in the business of instruction in the driving of motor vehicles, or in the preparation of an applicant for examination given by the Department for an operator's license or permit, except as exempted by Section 56-23-20 of the South Carolina Code, as amended, must, prior to engaging in the driver training school business, secure a license from the Department. Application must be made on an approved form and must be submitted to:

The South Carolina Department of Public Safety

Post Office Box 100178

Columbia, South Carolina 29202-3178

Attention: Driver Training School Supervisor

Applicants for an original driving school license, or driving instructor's license, must not conduct any business as a driving school or driving instructor until a license is issued by the Department.

Applicants for the renewal of a driving school license or driving instructor's license may continue to conduct business as a driver training school or as a driving instructor until the renewal application is granted or denied by the Department provided the renewal application is properly filed with the Department no later than ten (10) days from the expiration date of the license.

38-162. Driver Training School License Applicants Requirements.

The Department shall not issue a driving school license to any applicant unless:

A. The applicant maintains an office in this State as described by these rules and regulations;

B. The applicant is a resident of this State and/or is incorporated or otherwise authorized to do business in this State;

C. The applicant has at least one (1) motor vehicle registered in South Carolina in the name of the driving school, owner or certified instructor; and the vehicle is insured as required by these rules and regulations for use by the school for driver training purposes and driving instruction;

D. The applicant has at least one (1) individual who is employed by the school and who is licensed by the Department as a driving instructor;

E. Each applicant associated with a driver training school (owner, partner, or officer) is of good moral character and at least twenty-one (21) years of age; and

F. Each applicant for a driver training instructor's license associated with a driver training school must have a valid South Carolina driver's license.

No person may give driver instruction unless licensed by the Department as a driving instructor.

38-163. Driving School Requirements.

Every application for a driving school license and every driving school license renewal application must be accompanied by:

A. A sample copy of the record of agreement or contract to be used between student(s) and school;

B. An outline of the services to be performed by the licensee;

C. Samples of forms or receipts used by the school;

D. Schedule of fees for instruction;

E. A complete list of manuals of instruction, course outlines, and other teaching materials used by the school;

F. Proof of satisfactory completion of driver education and training by each instructor of the driver training school as required by Section 56-23-70 of the South Carolina Code of Laws;

G. Proof of insurance coverage as required by these rules and regulations;

H. A complete list of all owners and stockholders who have more than a ten percent (10%) interest in the corporation and their addresses;

I. Any applicable license fees; and

J. Any applicable instructor's fees.

38-164. Driver Training School License Application; Renewal.

(A) Application Signatures

If the application for a driving school license is made by an individual, it must be signed by the individual. If the application is made by a partnership, the application must be signed by each general partner. If the application is made by a corporation, the application must be signed by an authorized corporate officer.

(B) Transferability of Driving School License

Driving school licenses are not transferrable. Any changes in ownership or controlling interest in the driving school business requires a new application to be filed with the Department immediately.

(C) Prohibited Driver Training School Name(s)

No application for a driver training school will be accepted if the applicant has adopted any name similar to the name of an already licensed driver training school or if the applicant has adopted any name similar to any state or national organization. Use of the words "South Carolina" or South Carolina State" in any driver training school's name is prohibited.

(D) Driver Training School License Application Fee

The application must be subscribed under oath and shall be accompanied by an application fee of fifty ($50.00) dollars.

(E) Driver Training School License Renewal

Driver Training School licenses may be renewed by application to the Department no later than ten (10) days after the expiration of the license. Any renewal application received later than ten (10) days after license's expiration will be treated as a new application and the driver training school shall not continue operation.

(F) Driver Training School License Display

Upon receipt of a license, the licensee must display the license in the school's principal place of business. When any driving school ceases to operate, or if upon investigation it appears that the school has ceased to do business, the owner of the school must surrender the driving school license to the Department. To be re-licensed, after the surrender of a school's license, the school owner must apply and meet the same requirements as a new school.

38-165. Driver Training School Motor Vehicle Liability Insurance Minimums.

No driving school may be licensed by the Department unless it maintains personal injury and property damage liability insurance on all motor vehicles owned, leased, or registered in the name of the driving school, while used in driving instruction, insuring the liability of the driving school, its certified driving instructors, and any person taking driving instructions, or any passengers within the vehicle, in the amount of fifty thousand dollars ($50,000.00) because of bodily injury to or death of any one (1) person in any one (1) accident, and subject to such limits for one (1) person, one hundred thousand dollars ($100,000.00) because of bodily injury or death to any two (2) or more persons in any one (1) accident, fifty thousand ($50,000.00) because of injury or destruction to property of others in any one (1) accident. Any insurance policy issued to cover the above liability limits must be in the name of the driver training school, its owner or a certified driving instructor with the school.

38-166. Liability Insurance Coverage Requirements; Notice of Cancellation.

(A) Liability Insurance Insureds

The insured must be the driving school and any instructor or student or both, who uses any automobile for the purpose of driver training.

(B) Insurance Company Must be Properly Licensed

The policy must be issued by an insurance company authorized and licensed to do business in this state.

(C) Certificate of Insurance

A certificate of insurance, signed by the insurer or insurance carrier, as required, evidencing that a policy has been issued in the designated amounts for the vehicles used in driving instruction listed on the policy containing as a minimum description of the vehicles, the make, model, year, and serial number or the vehicle identification number of vehicle. The Department must be listed in the policy as an additional insured. The certificate must be submitted with each application filed for an original or renewal driving school license.

(D) Notification of the Department Upon Cancellation of Liability Insurance Coverage

If any policy of liability insurance is canceled by the insurance company, the insurance company and the driving school must immediately notify the Department in writing of the cancellation. The notification of cancellation of insurance shall be addressed to Driver Training School Supervisor, South Carolina Department of Public Safety, Post Office Box 100178, Columbia, South Carolina, 29202-3178. The driver training school must cease to use any motor vehicle to conduct driver training or instruction if that vehicle is covered by the policy that has been cancelled.

38-167. Driver Training School Instructor Qualifications.

Every person, in order to qualify as an instructor for a driving school, must, at the time of application, meet the following requirements: at least twenty-one (21) years of age; of good moral character; hold a valid South Carolina drivers license; have no record of suspension of driving privileges for moving violations for the past five (5) years; have at least three (3) years of driving experience; successfully complete a Departmentally approved driver training instructor course which includes as a minimum thirty-four (34) hours of formal classroom instruction in driver education and a minimum of six (6) hours of actual behind the wheel training in driving instruction; successful completion of a Departmentally approved written test which includes as a minimum testing of the ability of the applicant to give driver instruction to others and/or both written and demonstrative methods. The Department may, in its discretion, grant an applicant a temporary permit, by special examination, provided the driver training school has one qualified, licensed instructor. The temporary permit is valid for six (6) months or until an instructor's course is offered. If during the six months the applicant is unable to take an instructor's course, the temporary permit may be renewed one (1) time.

38-168. Driving Instructors License Application Requirements.

The Department must issue to every qualified applicant driving instructor a permit which must indicate the full name of the instructor applicant and the full name of the driving training school employing the instructor applicant. A driving instructor's permit will be valid only when the instructor is employed by a licensed driving school, and only at the driving school indicated on the license.

38-169. Driver Training Instructor Licensing.

(A) Driver Training Instructor Must Maintain License

Every driving instructor must carry the license upon his or her person at all times when engaged in conducting driving instruction in a motor vehicle. Upon request, the licensed driving instructor must display the license to any student taking instruction and to any law enforcement officer or employee or agent of the Department.

(B) Driver Training Instructor License Expiration

Every license issued will expire one year from the date of issue.

(C) Driver Training Instructor's License Application Fee

Application for a driving instructor's license must be made on a form furnished by the Department. The application must be accompanied by a fee of twenty ($20.00) dollars.

(D) Driver Training Instructor's License Renewal

A license may be renewed by making application to the Department on a form furnished by the Department. The renewal application must be submitted under oath and accompanied by a twenty dollar ($20.00) fee.

(E) Driver Training Instructor's License Requirements

An applicant for an original instructor's license must successfully pass an examination administered by the Department. This examination must include, as a minimum: a vision test measuring the applicant's visual acuity as required by the Department's regulations for a motor vehicle operator; a test of the applicant's ability to operate a motor vehicle; and a written examination covering South Carolina motor vehicle laws, safe driving procedures, and these regulations. Each applicant will be given three (3) opportunities in a calendar year to pass the examination, with a mandatory waiting period of at least five (5) working days between examinations.

(F) Driver Training Instructor's License Re-certification

Every licensed instructor shall be tested at least every four (4) years after successful completion of the initial examination.

(G) Surrender of the Driver Training Instructor's License

If during a current driver training instructor's valid license year the driving instructor ceases to be employed by or associated with the driving school designated on his or her application or instructor's license, the driving school must immediately surrender the instructor's license to the Department. No new instructor's license will be issued to any individual until the individual has surrendered or otherwise accounted for all current outstanding instructor's licenses issued in the individual's name.

(H) Driver Training Instructor's License Not Transferrable

Any driving instructor who ceases employment with a driving school may not be employed as an instructor by another driving school until a new application is submitted and approved by the Department and a driving instructor's permit issued by the Department.

38-170. Registration, Inspection, and Required Equipment for Motor Vehicles Operated by Driver Training Schools.

Every motor vehicle used by a driving school must be registered in South Carolina. Every motor vehicle used by a driver training school must be registered as a driver training school vehicle with the Department and must be submitted to the Department for periodic safety inspection.

38-171. Driver Training School Motor Vehicle Safety and Identification Requirements.

(A) Driver Training School's Motor Vehicle Required Safety Equipment

Every motor vehicle used by a driver training school in the course of driving instruction must be equipped with: Dual controls on the foot brake and the clutch, if any, enabling the driving instructor to control the vehicle in case of an emergency; two (2) inside rear view mirrors, one (1) for the student and one (1) for the instructor's use (the vanity mirror located on the passenger side sun visor of most vehicles will not qualify as an additional rear view mirror for the instructor); an outside rear view mirror on both sides of the vehicle; all standard safety and operating equipment including tires, brakes, horn, and window glazing shall be in proper working order; seat belts for the operator of the vehicle, driving instructor, and all passengers; and cushions for the proper seating of the driver of the vehicles. If a driver training school undertakes to train persons who require special equipment to safely operate a motor vehicle such as hand controls for the accelerator and brake, then vehicles used in the instruction of these persons must be equipped with the appropriate special operating equipment.

(B) Driver Training School Motor Vehicle Identification

The vehicle must be identified as a driving school vehicle with the name of the school and the words "Driver Training" readily identifiable from each side and the rear of the vehicle with lettering or printing at least two (2) inches tall with a one-half (1/2) inch wide brush stroke.

38-172. Driver Training School Facilities.

Each licensed driving school facility and any branch office must have an office which contains or has access to adequate facilities to conduct the business of giving instructions on driving motor vehicles and in the preparation of students for written and driving examinations given by the Department for an operator's license.

38-173. Driver Training School Physical Facilities, Hours of Operation, etc.

(A) Advertisement of Driver Training School's Office

The office of any driving school may be identified by a sign reasonably visible to the general public and complying with any existing local government ordinances.

(B) Driver Training School Facilities Physical Requirements

The office of a driving school must be a permanent structure and may not consist of or include a tent, a temporary stand, or a room or block of rooms in a hotel or rooming house. No driver training school facility may be located within 1500 feet of any building used as an office by any Department of the State engaged in the administration of any laws relating to motor vehicles. Likewise, no practicing may be done during the hours of 8:30 a.m. until 5:00 p.m., or normal working hours, on the facilities used as an office by any Department of the State engaged in the administration of any laws relating to motor vehicles. These provisions do not apply to advertising which may appear on vehicles owned by driver training schools.

(C) Driver Training School Branch Office(s)

A branch office may be operated from a mobile unit which is specially equipped for driver training purposes.

(D) Driver Training School Business Office and Classroom Requirements

The office of each driving school must consist of or have access to a permanent facility consisting of at least 200 square feet or more for an office, and a classroom facility must be available when classroom courses are offered by the driver training school. A classroom facility must contain seats and writing surfaces for no fewer than ten (10) students; adequate charts and diagrams or pictures relating to the proper operation of motor vehicles and traffic laws; textbooks, reference books and pamphlets relating to the proper operation of motor vehicles and traffic laws; a video tape player or sound projector and screen; and/or a magnetic traffic board or other devices used in the instruction of students with traffic laws and the operation of a motor vehicle.

(E) Driver Training School Hours of Operation

Each driving school must notify the Department of the location of its main and branch office(s) and the dates and hours of operation of the office(s). This information must be provided to the Department within ten (10) days prior to opening any office or branch office for business.

(F) Driver Training School Office/Branch Office Inspection

Upon receipt by the Department of a notice of an opening of a branch office, an authorized representative of the Department shall inspect the branch office(s) for compliance with the provision of these regulations, and the Department shall issue a branch office license which must be displayed in a prominent place.

(G) Driver Training School Office/Branch Office Closure

When a licensed branch office is closed or its location is changed, the driver training school must return the branch office license to the Department within ten (10) days of the closing or moving of the branch office.

(H) Driver Training School Classroom Requirement Exemptions

All driver training schools are required to have, or have access to, classroom facilities and the required equipment when classroom courses are offered. The Department will accept a letter from another driver training school or business stating: a driver training school has access to a business entity's facilities and equipment. The business entity allowing a driver training school use of classroom facilities will allow the Department to inspect these facilities to determine if the facilities and equipment satisfy the classroom requirements.

38-174. Driver Training School Course of Instruction.

The driver training school courses of instruction must be submitted for approval to the Department in the form of an outline and must include: all materials used for instruction; a copy of the curriculum; a list of the instructors names; and a classroom instruction schedule.

38-175. Driver Training School Student Instruction Record.

All licensed driver training schools must maintain a permanent record of instruction for each student. The record of instruction must contain: the name of the driver training school; the names of the students; the students' dates of birth; the number of the driver's license or permit held by the students; the type and dates of the instruction given; and the signature of the instructor.

38-176. Instruction Records and Permanent Files.

(A) Copy of Instruction Record to be Furnished to Student(s)

Each driver training school must furnish the student with a copy of their instruction record when the student completes the lessons contracted for or otherwise ceases taking instruction from the school. The copy must be signed by the instructor and by the student acknowledging that the record is correct.

(B) Permanent Files of Driver Training School Students

All permanent student instruction records must be kept on file in the school's office for a period of two (2) years after the student has ceased taking instruction at the school or completed the lessons contracted for.

38-177. Receipts for Fees Paid for Instruction.

A departmentally approved receipt must be issued to a student each time a fee is collected for either classroom or behind-the-wheel driver instruction or other services offered by the licensed driver training school, a driving school instructor, or agent or employee. Approved receipts must be completed and contain the date the fee is collected, the name of the student, the total amount collected, and the type of service given.

38-178. Driver Training School Contracts.

All written contracts or records of agreement by or between any driving school and any individual, partnership, corporation, firm, or association for the sale, purchase, barter, or exchange of any driving instruction or any classroom instruction, or the preparation of an application for an examination given by the Department for an operator's license or permit must contain the following: a statement indicating the agreed upon contract price per hour or lesson and terms of payment; the type of vehicle to be used in the training (either a standard vehicle equipped with a standard or manual transmission with extra wheel brake and clutch pedal or a vehicle with an automatic transmission with an extra brake pedal); a student instruction record attached to the contract showing the date of the lesson(s) for classroom or behind-the-wheel instruction, the student's signature on the instruction record acknowledging the lesson was received; the student's name; the dated receipt or receipt number for each lesson given; and the name and address of the driver training school.

38-179. Driver Training School Contracts.

(A) Permanent Records of Driver Training School Contracts

Any driver training school must keep a copy of all written contracts and agreements affecting any student in the school files for inspection. These contracts must be kept on file for a minimum of two (2) years.

(B) Driver Training School Contract Not Transferrable

No driver training school may sell, transfer, trade, or otherwise dispose of any contract, portion of a contract, agreement of obligation, by or between any driving school and student unless the driving school has obtained the written consent of the student. Any contract or record of agreement for a student under eighteen (18) years of age must be signed by a parent, guardian, or responsible adult in the presence of the instructor offering the instruction. Any record or contract between the driving school and any student which is lost, mutilated or destroyed shall be reported to the Department immediately in writing.

38-180. Items Required for Display in Driver Training School Facility.

The following shall be displayed in a prominent place in the driver training school's principal place of business: the license issued by the Department to the school; the names and driving instructor's license number(s) of all instructors employed by the school; and the regular office hours.

38-181. Inspection of School Facilities.

Each driver training school must permit authorized representatives of the Department to make periodic inspections of all school records, facilities, and vehicles used in driver training. During these inspections the owner(s), manager(s), or other person(s) in charge of the office must cooperate with the authorized representatives of the Department and, upon demand, must exhibit all student records, instructional material, and any other items necessary to complete the inspection.

38-182. Driver Training School Complaints.

Any complaints relating to driver training schools or driver training school instructors must be in writing and signed by the complainant. The Department may ask the complainant to sign a sworn statement indicating the nature of the complaint and the identity of the complainant. The acceptance or the use of any statement by the Department will not be deemed an acknowledgement, admission, or charge by the Department of the matters contained in the statement.

38-183. Driver Training School Advertising.

No driver training school may publish, advertise, or intimate that a student is guaranteed or assured success in receiving a South Carolina driver's license.

38-184. Suspension, Revocation, Refusal to Renew Driver Training School License.

The Department may suspend, revoke, or refuse to issue or renew a license of a driver training school for any of the following causes:

(A) conviction of any school partner, owner, officer, or manager of any crime involving dishonesty, deceit, violence, or moral turpitude when the crime relates to the operation of, or business conducted by, a driver training school;

(B) the school makes a material false statement, or signs a false affidavit or conceals a material fact in connection with the application for a driver training school license or the application for a driver training instructor's license;

(C) the school fails to comply or has violated any statutes providing for the licensing and regulation of driver training schools, or where the school has failed to comply or violated these regulations for the operation of driver training schools;

(D) the school or any partner of the driver training school engages in fraudulent practices in securing for anyone a license to drive a motor vehicle. ("Fraudulent practices", as used herein, means any conduct or representation on the part of a school or any partner, officer, agent or instructor of a school which would give the impression that a license to operate a motor vehicle may be obtained by any other means than those prescribed pursuant to Chapters 1 and 5 of Title 56 of the South Carolina Code);

(E) the school's owner(s) is(are) addicted to the use of alcohol, narcotics, or becomes incompetent to operate a motor vehicle, as defined in Title 56 of the South Carolina Code; where the school, its employees or instructors solicit business on within 1500 feet of any property occupied by the DMV Division field offices or the Department;

(F) the school violates the South Carolina Unfair Trades Practices Act, in Chapter 5 of Title 59 of the South Carolina Code; or

(G) there is no qualified instructor employed by the school.

38-185. Suspension, Revocation, Refusal to Issue or Renew a Driver Training Instructor's License.

The Department may suspend, revoke or refuse to issue an instructor's license for any of the following: conviction of the instructor of any crime involving dishonesty, deceit, physical violence or moral turpitude relating to the operation of or business conducted by a driver training school; making a material false statement or signing a false affidavit or concealing a material fact in connection with the operation of a driver training school or in connection with the application or renewal of a driver training instructor's license; failing to comply or with violating any statute in Title 56 relating to obtaining a motor vehicle driver's license; engaging in fraud or fraudulent practices in relation to securing a South Carolina driver's license for any person ("fraudulent practice, as used herein, includes, but is not limited to, any conduct or representation on the part of the instructor which gives the impression that a license to operate a motor vehicle may be obtained by any means other than those described in Chapter 5 of Title 56 of the South Carolina Code of Laws); the instructor is addicted to the use of alcohol, narcotics or becomes incompetent to operate a motor vehicle as described in Title 56 of the South Carolina Code; the instructor solicits business on or within 1500 feet of property occupied by the DMV Division of the Department, or by the Department. All suspended or revoked driver instructor's licenses shall be returned immediately to the Department.

38-186. Judicial Review Procedures.

Upon notice of a suspension or revocation of a driver training school license or a driver training instructor's license the Department will allow a hearing, upon request, in accordance with the Administrative Procedures Act. The request for a hearing must be received by the Department within ten (10) days from the mailing date of the notice of suspension. Any transcripts required to be produced for an appeal from the Department's decision must be paid for by the appellant.

SUBARTICLE 9.

TRUCK DRIVER TRAINING SCHOOLS

38-200. Definitions.

"Actively enrolled" means any student who has not yet graduated from a driver training program or has failed to complete the driver training course.

"Truck Driver Training School" means any enterprise conducted by an individual, association, partnership, or corporation for the education and training of persons, either in the classroom or behind-the-wheel, to operate or drive a truck-tractor-trailer combination unit and charging a fee or tuition for those services.

"Hour" means 50 minutes of instruction within a 60 minute period.

"Record" means a complete history of the enrollment of a student, including entrance qualifications. To include high school diploma or GED (if required by the school) or other test to indicate that the student benefit from the training purchased; Motor vehicle report, criminal history records (if required) drug screen; grades, logs (minor violations are not accountable while student enrolled in school), attendance records, counseling remarks, permit issue date, CDL test history. "Records" also means appropriate documentation on instructor qualifications, statistical data required by the Department, and all other documents sufficient to justify the legitimate operation of the school.

"Category" means classroom instruction, field instruction, BTW instruction, and observation while on the road.

"Permanent type building" means a building set on a foundation or is otherwise strapped to the ground and is in compliance with all zoning ordinances and codes and has been issued a "Certificate of Occupancy".

"Passing grade or Successfully complete" means a grade of at least 70 percent.

"Behind the Wheel" (BTW) means instruction where the student is actually driving the vehicle on public roads.

"Catalog" means a booklet which must be given to each student prior to classes beginning and must be presented at the time the student signs the enrollment contract. Each catalog should be dated upon publication and revision. The catalog should contain at a minimum, a history of the truck driver training school, list of owners, officers, or directors, including addresses, licensing authority, compliant procedures, class start and stop times, attendance and disciplinary rules, course outlines, cost of training, books, supplies, fees, and all other charges the student would be expected to bear, minimum entrance requirements, graduation requirements, refund policy, placement policy, procedures for providing CDL test services.

"Enrollment contract" means any agreement or instrument, however named, which creates or evidences an obligation binding a student to purchase an educational course from a driver training school.

"Fail to complete" means not complying with the required 148 hours of lessons or classes required by the Department with a grade in each category of at least 70 percent passing, which constitutes the full course of study during truck driver training, or the cancellation of a student's course of study in truck driver training by any of the departmentally prescribed methods.

"Field training" means off road training in and around the type commercial motor vehicle used in truck driver training.

"Foreign Truck Driver Training School" means any enterprise located outside of South Carolina which solicits, advertises, or offers truck driver training to South Carolina residents.

"Graduate" means any student who fully completes the required 148 hours of lessons or classes required by the Department and discharges any and all other requirements or obligations established by the school as prerequisites for completing the full course of study.

"Prospective student" means any person who seeks to enroll in a truck driver training course.

"Recruiter/salesperson" means any person who is employed by a truck driver training school, directly or indirectly, to recruit students for a truck driver training school. "Recruiter" includes persons who are employed by another person who is a direct employee or broker for a truck driver training school.

"Student" means any person who has signed a contract and enrolled with a truck driver training school and who has not cancelled that contract before the instruction begins.

"Total contract price" means the complete cost to the student for the enrollment contract including charges for registration, ancillary services, and any finance charges.

"Department" means the South Carolina Department of Public Safety, Driver Improvement Section, Post Office Box 100178, Columbia, South Carolina 29202-3178.

38-201. Requirements and Application for Truck Driver Training School.

The Department shall not issue a license for a truck driver training school to any individual, partnership, group, association, or corporation, except as exempted by Section 56-23-20 of the South Carolina Code of Laws unless:

(1) the individual, partnership, group, association, or corporation, has at least one (1) commercial motor vehicle registered or leased in the name of the truck driver training school, and the motor vehicle(s) is/are inspected by a Departmental representative and for which the Department has received a certificate of insurance; and

(2) the individual, partnership, group, association, or corporation has at least one (1) person licensed by the Department as a truck driver training instructor for that truck driver training school.

38-202. Management, Foreign Applicant, and Application Requirements; Naming Restrictions.

(A) Owner-Operator/Manager Requirements

Each manager or owner-operator of a truck driver training school or branch office must:

(1) be at least twenty-one (21) years of age;

(2) have no felony conviction or misdemeanor conviction involving moral turpitude in the ten (10) years immediately preceding the date of application for a truck driver training school license;

(3) have no revocation or suspension of their motor vehicle operators license in the three (3) years immediately preceding the date of application for a truck driver training school license.

(B) Foreign Truck Driver Training School Requirements

Foreign Truck Driver Training Schools recruiting in South Carolina must provide to potential students:

(1) a copy of the foreign truck driver training school's operating license;

(2) a course description, including the topics taught and the overall length of the course;

(3) a list of the different motor vehicle equipment available for training;

(4) a copy of the catalog and contracts complete with all fees charged; and

(5) the names, addresses, and telephone numbers of persons who represent the foreign truck driver training school in South Carolina.

(C) Truck Driver Training School Application Requirements

Each original application for a truck driver training school license must consist of a completed application for a truck driver training school license; a proposed plan of operation; proof of liability insurance; sample copies of contracts and catalog; a check or money order in the amount of fifty dollars ($ 50.00) made payable to the Department; and a certificate of assumed name.

(D) Restrictions on Truck Driver Training School Name

No application for a truck driver training school license will be accepted if the applicant has adopted an assumed name similar to the name of a school already licensed by this State or adopting any name similar to any state or national organization. Use of the words "South Carolina" or "South Carolina State" in any school's name will not be allowed.

38-203. Truck Driver Training School License Renewal Application.

Renewal applications must be submitted for approval at least ten (10) days prior to the expiration date of the current, valid truck driver training school license. All licenses expire on June 30th of each year and no school is permitted to operate with an expired license. Applications for renewal may be accepted for up to thirty (30) days from the date of expiration. Any truck driver training school license which is lapsed for more than thirty (30) days shall be deemed permanently lapsed and renewal of a permanently lapsed license must be by the same process required for an original truck driver training school application, including required forms and certifications.

38-204. Application Information Changes.

The Department must be notified in writing within ten (10) days of any changes in the officers, directors, managers, or BTW instructors of any truck driver training school or branch office. The Department must also be informed within ten (10) days of the addition or deletion of any motor vehicle(s) and the Department must receive a supplemental schedule of motor vehicles. The supplemental motor vehicle schedule shall be accompanied by a properly executed insurance certificate. If the truck driver training school has a change in ownership, the new owner must file an original application with the Department and be approved by the Department before the truck driver training school begins operation under new ownership. Failure to inform the Department of the required change shall be grounds for suspension or revocation of the truck driver training school license.

38-205. Truck Driver Training School Branch Offices.

Any truck driver training school or branch office which ceases to carry on the business of giving instruction in the driving of commercial motor vehicles or which has a change of ownership shall, within five (5) days, surrender its truck driver training school license and all truck driver instructor licenses issued to truck driver training instructors employed by the school.

38-206. Truck Driver Training School License Required.

No truck driver training school or branch is permitted to operate without a proper license.

38-207. Truck Driver Training School Location, Physical Facilities and Courses of Instruction.

Every school must maintain a principal place of business open to the public in a permanent type building. Truck driver training schools or their branch offices may not be located within 1500 feet of a building operated by the DMV Division of the Department. No business may be solicited on property occupied or adjacent to a building operated by the DMV Division of the Department. No truck driver training school may use any facility or any equipment used by the Department in the examination of persons for a drivers license. Exception is allowed for the purpose of CDL testing. Schools are warned use of official Division of Motor Vehicles offices are controlled by each manager at each location.

38-208. Facilities, Inspections, Course of Instruction, and Student Requirements.

(A) Office Facilities

The truck driver training school office must be the principal place of business and be in the same location as, but physically separated from, the classroom facility and must be sufficient for conducting all business related to the operation of the school including, but not limited to: Facilities for conducting personal interviews; storage for all records required in the operation of the Truck Driver Training School; and secretarial or telephone answering service available for a minimum of six (6) hours a day between normal business hours (9:00 am through 5:00 pm).

(B) Classroom Facilities

The classroom facility must meet the following requirements: a minimum overall size of not less than 120 square feet (including at least 70 square feet for the instructors and their equipment and 12 square feet for each student); lighting, heating and ventilation systems that are in compliance with all state and local laws and ordinances including, but not limited to, zoning, public health, safety and sanitation; seats and writing surfaces for all students, blackboards visible from all seats; charts, diagrams, mock ups and pictures relating to the operation of commercial motor vehicles; traffic laws and correct driving procedures; a copy of the South Carolina driver's guide published by the Department for each student; and other textbooks and equipment deemed necessary by the instructor. Restroom facilities sufficient for the size of the class must be provided.

(C) Display of Truck Driver Training School License

Every school and branch must display, in a prominent place in its office, licenses issued to the school by the Department for the school and the school's instructors.

(D) Departmental Inspections

The Department must make at least an annual periodic inspection of a truck driver training school and any branch offices(s) to determine compliance with these regulations. The inspection must be made during regular business hours by authorized representatives of the Department. Inspections must include, as a minimum, an examination of all school records, contracts, classroom facilities, training devices, instructional materials and vehicles.

Each owner, partner, associate, corporate officer, or employee of any truck driver training school must cooperate with the Department's representative and, upon demand, must exhibit all records, instructional aids, equipment, and other items required for inspection. Refusal to permit an inspection is grounds for revocation of the truck driver training school's license. Records must be retained in the truck driver training school for at least two (2) years from the date of completion of a course of driver instruction, either as the result of completion and graduation or withdrawal from the program.

(E) Truck Driver Training Course of Instruction

To successfully complete truck driver training, licensed persons eighteen (18) or older must complete a course consisting of a minimum of 50 50-minute periods of classroom instruction (including testing time), 50 50-minute periods of field instruction, 16 50-minute periods of behind-the-wheel driver training on the highway, and 32 50-minute periods of behind-the-wheel observation on the highway. This is calculated on a 3:1 ratio.

The classroom and behind-the-wheel instruction must consist of: laws relating to either interstate and/or intrastate commercial motor vehicle operations; pre-trip inspection of commercial motor vehicles and both safety and operational equipment; coupling and uncoupling of combination units, if the commercial motor vehicle to be driven includes such units; placing the commercial motor vehicle in operation; use of the commercial motor vehicle's controls and emergency equipment; operation of the inner-city and interstate highway traffic and passing; turning, backing, and parking the commercial motor vehicle; braking and slowing the vehicle by means other than application of the brakes; and completing driver's daily log books.

Additional requirements include: the required 148 50-minute periods of instruction must include three (3) hours of the 16 hours of behind-the-wheel highway training must be completed by each student between dusk and dawn; one (1) commercial motor vehicle must be provided for each three (3) students during the highway training, provided four (4) students per commercial motor vehicle are permitted if the vehicle has been inspected and approved for such use by the Department. No more than nine (9) students per instructor will be allowed for field training. A driver's daily log must be kept for each student, either by the truck driver training school or the student, to reflect the 148 50-minute periods of instruction and verified by each other.

(F) Truck Driver Training School Student Requirements

Students above the age of eighteen (18), but less than twenty-one (21) years of age, must be informed by the owner(s) or officer(s) of the truck driver training school of the age restrictions and limitations established by the United States Department of Transportation and the Motor Carrier Unit of the Division of Motor Vehicles. Students must pass the United States Department of Transportation physical examination. No student may operate a truck or commercial motor vehicle or a tractor-trailer combination unit upon any public street or highway unless the student has in his or her immediate possession a valid drivers license or learner's permit of the class of type required by Title 56 of the South Carolina Code and his or her United States Department of Transportation physical pocket card. Any student from out-of-state holding a valid license from that state will not be eligible for any type license or permit issued by the State of South Carolina.

38-209. Motor Vehicles Used in Instruction.

Behind-the-wheel instruction of students in truck driver training school must be conducted in commercial motor vehicle(s) owned or leased by the truck driver training school. All vehicles used for the purpose of demonstration and practice must be equipped with seat belts for the operator and all passengers, an outside rearview mirror on both sides of the vehicle, a heater, defroster and speedometer in working condition, and all other operational and safety equipment required by Title 56 of the South Carolina Code and applicable federal statutes.

38-210. Truck Driver Training Motor Vehicles--Identification and Restrictions on Use.

(A) Vehicle to be Identified as Truck Driver Training Motor Vehicle

Truck Driver Training School vehicles must bear conspicuously displayed signs with the words "Driver Training" in letters or printing not less than two (2) inches tall with a one-half inch (1/2) wide brush stroke. The signs must be displayed on both sides of the vehicle and the rear most portion of the vehicle. For vehicles which must operate at night, the words "Driver Training" must be reflective.

(B) Restrictions on Use of Truck Driver Training School Vehicle

No school vehicle may be used to transport property or persons for compensation, other than properly enrolled students. No truck driver training school vehicles may be operated in another state unless the instructor, student, and vehicle are properly licensed to operate in that state.

38-211. Truck Driver Training School Motor Vehicle Registration, Insurance, and Inspection.

Each motor vehicle used by the truck driver training school for behind-the -wheel instruction must be properly licensed and registered in this State and bear a current inspection certificate.

38-212. Insurance and Inspection Requirements.

(A) Insurance Requirements

Each motor vehicle used by the school for BTW instruction must be insured against liability, by a licensed and certified insurance company, in the amount of at least fifty thousand dollars ($50,000.00) because of bodily injury or death to one (1) person in any one (1) accident, and subject to such limit for one (1) person and one hundred thousand dollars ($100,000.00) because of bodily injury or death of two (2) or more persons in any one (1) accident, and fifty thousand dollars ($50,000.00) because of injury to or destruction of property of others in any one (1) accident. This insurance coverage must be secured on an annual basis. In the event coverage for any motor vehicle used for truck driver training is not renewed, the school must give written notice to the Department at least ten (10) days prior to the expiration date of the coverage. A certificate of insurance coverage must be filed by the insurance underwriter with the Department. The Department must be listed as an additional insured on the certificate. Schools will also need to check to make sure they are in compliance with Federal regulations on insurance requirements.

(B) Inspection Requirements

Each motor vehicle used by a truck driver training school must be listed and inspected by a representative of the Department at least annually and at any other reasonable time as the Department may require.

38-213. [Reserved]

38-214. Special Requirements.

At least one (1) motor vehicle used in a truck driver training school must be a tractor-trailer combination unit and other vehicles may be of the type necessary to carry out the instructional program of the school.

38-215. Requirements for Application for Truck Driver Training School Instructor.

Each instructor of a truck driver training school or branch office providing behind the wheel instruction must be at least twenty one (21) years of age; hold a valid South Carolina Commercial Drivers License with all necessary endorsements for the motor vehicle equipment being operated; have at least three (3) years of behind-the-wheel truck driving experience and have logged at least 100,000 miles of over-the-road truck driving; or have completed a certified truck driver training school [consisting of a minimum of twenty (20) hours of behind-the-wheel training; fifty (50) hours of field instruction; and fifty (50) hours of classroom instruction]; have no convictions of a felony or any crime of moral turpitude for the ten (10) years immediately preceding the date of application; have no revocations or suspensions of driving privileges in the three (3) years immediately preceding the date of application; have no convictions for traffic offenses involving moving violations totaling eight (8) points in the year immediately preceding the date of application; and hold a current United States Department of Transportation physical certification.

38-216. Original Application for Truck Driver Training Instructor's License.

Each original application for a truck driver training instructor's license must consist of: a completed application, subscribed to under oath; a physical examination report completed and signed by a licensed physician; evidence of satisfactory completion of truck driver training and behind-the-wheel experience; and a check or money order for twenty dollars ($20.00) made payable to the Department.

38-217. BTW Truck Driver Training Instructor's License Renewal Application.

Renewal applications must be made at least ten (10) days prior to the expiration of the current instructor's license. No instructor is permitted to operate with an expired license. All instructors' licenses expire on June 30th of each year. Any instructor's license expired for more than thirty (30) days will be deemed permanently lapsed and renewal of that license must be by the same process required for a new license with all forms and certifications required.

38-218. Surrender of Truck Driver Training Instructor's Licenses.

Any licensed truck driver training school instructor who ceases to give instruction on the driving of commercial motor vehicles for the truck driver training school for which they are licensed must surrender their instructor's license to the Department within five (5) days. The owner, partner, or chief corporate officer of the truck driver training school is responsible for the return of the instructor's license to the Department upon termination of employment of any instructor, when reasonably possible.

38-219. Truck Driver Training School Enrollment Contract Requirements.

Truck driver training school contracts must contain, as a minimum, the following information:

(1) the agreed total contract charges and full terms of payments;

(2) the number, nature, time, and extent of lessons contracted for including the minimum hours of classroom instruction including testing (50 hours minimum), field instruction (50 hours minimum), highway behind-the-wheel training (16 hours minimum), observation, highway, behind-the-wheel, (32 hours minimum); and

(3) the rate for use of truck driver training school motor vehicle for a commercial drivers license road test if an extra charge is made.

38-220. Contracts.

(A) Required Contract Provision

The contract between the student and the truck driver training school must contain a statement which reads substantially as follows: "THIS AGREEMENT CONSTITUTES THE ENTIRE CONTRACT BETWEEN THE TRUCK DRIVER TRAINING SCHOOL AND THE STUDENT, AND ANY VERBAL ASSURANCES OR PROMISES NOT CONTAINED HEREIN SHALL BIND NEITHER THE SCHOOL NOR THE STUDENT" and a separate statement which reads as follows: "IF YOU, AS A STUDENT, ARE UNABLE TO SETTLE A DISPUTE WITH THE TRUCK DRIVER TRAINING SCHOOL, PLEASE DIRECT YOUR GRIEVANCES TO THE SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, POST OFFICE BOX 100198, COLUMBIA. SOUTH CAROLINA, 29202-3178, ATTENTION: DRIVER TRAINING SCHOOL SUPERVISOR."

(B) Prohibited Contract Provisions

Truck driver training school contracts must not contain the statement "NO REFUND" or its equivalent or any statement guaranteeing or promising a commercial drivers license as a result of the truck drivers training course.

(C) Requirements for Filing of Contract with the Department

The truck driver training school shall file with the Department sample copies of all written contracts, agreements, and catalogs at the time of the original application for the truck driver training school's license and also at anytime thereafter when alterations to contracts are proposed.

(D) Contract Provisions

The truck driver training school must give the prospective student a completed copy of the enrollment contract and catalog at the time the prospective student signs the contract or upon the school's receipt of a completed enrollment contract sent through the mail. The enrollment contract must be written in the same language as the oral sales presentation, if a sales presentation was made by the truck driver training school, must contain the name and address of the truck driver training school. All student records, including contracts, shall be maintained for at least two (2) years at the truck driver training school office.

38-221. Advertising.

A truck driver training school may advertise with the following restrictions:

(1) no advertisement may indicate in any way that a school can or will issue or guarantee the issuance of a commercial motor vehicle driver license or imply that preferential treatment or advantageous treatment from the Department can be obtained by participating in the training course with the school; and

(2) no school may state in an advertisement that it has been approved and licensed by the Department.

38-222. Suspension, Revocation, Refusal to Issue or Renew Truck Driver Training School License.

The Department may suspend, revoke or refuse to renew the license of a truck driver training school for the following reasons:

(1) the conviction of the licensee truck driver training school or any partner of such licensee school for any crime involving dishonesty, deceit, violence, or moral turpitude relating to the operation of, or business conducted by, a truck driver training school;

(2) the licensee truck driver training school makes a material false statement, or signs a false affidavit or conceals a material fact in connection with the operation of a truck driver training school or in connection with the application for a school license or application for an instructor's license;

(3) the licensee truck driver training school fails to comply or violates any provisions contained in Federal Regulations, Title 56 or within these regulations;

(4) the licensee truck driver training school, or any partner, engages in fraud or fraudulent practices in relation to securing for anyone, a license to drive a motor vehicle or the licensee truck driver training school is aware of and fails to report to the Department fraud or fraudulent intent by any of the truck driver training school's employees to secure to anyone, a license to drive a motor vehicle. The term "fraudulent practice" as used herein shall include, but not be limited to, any conduct or representation on the part of the licensee truck driver training school or any partner, officer, or agent of the licensee school that gives the impression that a license to operate a motor vehicle may be obtained by any means other than those prescribed by the Department in Chapters 1 and 5 of Title 56 of the South Carolina Code;

(5) the licensee truck driver training school owner, partner or officer, or any truck driver training instructor is addicted to the use of alcohol or narcotics or becomes incompetent to drive pursuant to Title 56 or the South Carolina Code;

(6) employees or instructors of the truck river training school solicit business on or within 1500 feet of any property occupied by the Department's licensing offices or any Departmental property;

(7) for violation of the South Carolina Unfair Trade Practices Act of Title 39 of the South Carolina Code; and

(8) no qualified truck driver training instructor is employed by the school.

38-223. Suspension, Revocation, Refusal to Issue or Renew a Truck Driver Training School Instructor's License.

The Department may suspend, revoke, or refuse to issue or renew a truck driver training school instructor's license if:

(1) an instructor is convicted of any crime involving dishonesty, deceit, physical violence or moral turpitude relating to the operation or business conducted by a truck driver training school;

(2) an instructor makes a material false statement in connection with the operation of a truck driver training school or in connection with the application or renewal of an instructor's license;

(3) an instructor fails to comply with or violates any of the provisions of the Federal Regulations, Title 56 of the South Carolina Code or any provisions of these regulations;

(4) an instructor engages in fraud or fraudulent practices in securing a license to drive a motor vehicle for anyone. The term "fraudulent practices" as used herein must include, but not be limited to any conduct or representation on the part of the instructor that gives the impression that a license to operate a motor vehicle may be obtained by any means other than those prescribed by the Department contained in Chapters 1 and 6 of Title 56 of the South Carolina Code;

(5) an instructor is addicted to the use of alcohol or narcotics or becomes incompetent to operate a motor vehicle pursuant to Title 56 of the South Carolina Code; and

(6) an instructor solicits business on or within 1500 feet of any property occupied by licensing or other offices of the Department.

All suspended or revoked instructor's licenses shall be returned to the Department immediately upon final order of the Department. Upon notice of suspension or revocation of a truck driver training school's license or an instructor's license, the Department will offer a hearing of the contested case according to the provisions of the Administrative Procedures Act. A request for hearing shall be received by the Department within fifteen (15) days of the mailing of the notice of suspension. Any transcripts required to be produced because of an appeal of the Department's decision shall be paid for by the appellant.

SUBARTICLE 11.

REQUIRED STOPS AT RAILROAD CROSSINGS

38-240. Vehicles Required to Stop at Railroad Crossings.

(Statutory Authority: 1976 Code Section 56-5-2720, 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 56-5-2720. The covered vehicles shall include:

(1) Every bus transporting passengers;

(2) Every motor vehicle transporting any quantity of chlorine;

(3) Every motor vehicle which, in accordance with the regulations of the United States Department of Transportation, is required to be marked or placarded with one of the following markings:

(i) Explosives A

(ii) Explosives B

(iii) Poison

(iv) Flammable

(v) Oxidizers

(vi) Compressed Gas

(vii) Corrosives

(viii) Flammable Gas

(ix) Radioactive

(x) Dangerous

(xi) Combustible (cargo tanks only)

(4) Every cargo tank motor vehicle, whether loaded or empty, used for the transportation of any hazardous material as defined in the Hazardous Materials Regulations of the United States Department of Transportation;

(5) Every cargo tank motor vehicle transporting a commodity which at the time of loading has a temperature above its flash point; and

(6) Every cargo tank motor vehicle, whether loaded or empty, transporting any commodity under special permit.

B. The driver or operator of every vehicle designed to carry more than ten (10) persons and used to transport persons shall stop such vehicle at all railroad crossings as required by Section 56-5-2720.

C. The driver or operator of every motor vehicle used to transport persons for compensation, shall stop at all railroad grade crossings as required by Section 56-5-2720. This requirement shall not apply to non-profit car pools.

SUBARTICLE 13.

RELEASE OF LICENSING AND REGISTRATION INFORMATION

(Statutory Authority: South Carolina Code of Laws Section 23-6-10, et seq.)

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 following information:

a. Mailing address for billing purposes.

b. Contact person and telephone number.

c. Companies must provide their Federal I. D. number and Individuals must provide their Social Security Number.

d. Number and type of anticipated requests per month.

3. The Company must remit with request a Security Deposit equivalent to the monthly expected billing (Minimum of $100.00). The money remitted is a Security Deposit and not an advance payment for services rendered. The Deposit will remain on file with the Department until written notice of cancellation is received from the company or the individual and all invoices have been paid. Accounts will be reviewed periodically to determine if an increase in the deposit is needed.

4. After review and approval, a four (4) digit account number will be assigned to the Company or individual to use when requesting information.

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 Information $2.00

Odometer Information $3.00

Investigative Officer Reports $3.00

Vehicle Title Lienholder Information $2.00

2. Information requests will be accumulated monthly. One invoice will be prepared for all information requested.

3. Invoices must be paid within thirty (30) days of receipt of the invoice for the account to remain active. After thirty (30) days, accounts will become delinquent and subject to closure.

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 received within ten (10) days after receiving the notice, account privileges will be suspended.

3. If payment is not received within thirty (30) days of receipt of the notice, the account will be closed and Security Deposit applied to all outstanding invoices. Any remaining balance will be refunded to the company or individual.

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 security deposit be returned.

2. Upon receipt of the request, the Department will suspend privileges under the account and will determine the amount of any outstanding balance under the account.

3. Any amounts due will be deducted from the security deposit with the remaining balance being returned to the company or individual.

SUBARTICLE 15.

MOTORIST INSURANCE IDENTIFICATION DATABASE [REPEALED]

38-260 to 38-269. Repealed by State Register Volume 29, Issue No. 6, eff June 24, 2005.

38-260 to 38-269. Repealed by State Register Volume 29, Issue No. 6, eff June 24, 2005.

38-260 to 38-269. Repealed by State Register Volume 29, Issue No. 6, eff June 24, 2005.

38-260 to 38-269. Repealed by State Register Volume 29, Issue No. 6, eff June 24, 2005.

38-260 to 38-269. Repealed by State Register Volume 29, Issue No. 6, eff June 24, 2005.

38-260 to 38-269. Repealed by State Register Volume 29, Issue No. 6, eff June 24, 2005.

38-260 to 38-269. Repealed by State Register Volume 29, Issue No. 6, eff June 24, 2005.

38-260 to 38-269. Repealed by State Register Volume 29, Issue No. 6, eff June 24, 2005.

38-260 to 38-269. Repealed by State Register Volume 29, Issue No. 6, eff June 24, 2005.

38-260 to 38-269. Repealed by State Register Volume 29, Issue No. 6, eff June 24, 2005.

38-260 to 38-269. Repealed by State Register Volume 29, Issue No. 6, eff June 24, 2005.

38-260 to 38-269. Repealed by State Register Volume 29, Issue No. 6, eff June 24, 2005.

38-260 to 38-269. Repealed by State Register Volume 29, Issue No. 6, eff June 24, 2005.

38-260 to 38-269. Repealed by State Register Volume 29, Issue No. 6, eff June 24, 2005.

ARTICLE 5.

STATE TRANSPORT POLICE REGULATIONS

SUBARTICLE 1.

UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS

(Statutory Authority: South Carolina Code of Laws, Section 23-6-10, et seq.)

38-390. General.

Table of Contents

Subpart A: General Applicability and Definitions
38-390.1. Purpose.
38-390.3. General applicability.
38-390.5. Definitions.
38-390.7. Rules of construction.

Subpart B: General Requirements and Information
38-390.9. [Reserved].
38-390.11. Motor carrier to require observance of driver regulations.
38-390.13. Aiding or abetting violations.
38-390.15. Assistance in investigations and special studies.
38-390.16. [Reserved]
38-390.17. [Reserved]
38-390.19. Additional equipment and accessories.
38-390.21. Marking of commercial motor vehicles.
38-390.23. [Reserved]
38-390.25. [Reserved]
38-390.27. [Reserved]
38-390.29. [Reserved]
38-390.31. [Reserved]
38-390.33. Commercial motor vehicles used for purposes other than defined.
38-390.35. [Reserved]
38-390.37. Violation and penalty.

Subpart A: General Applicability and Definitions

38-390.1. Purpose.

This part establishes general applicability, definitions, general requirements and information as they pertain to persons subject to this chapter.

38-390.3. General applicability.

(A) The rules in subpart B of this chapter are applicable to all employers, employees, and commercial motor vehicles, which transport unmanufactured forest products in intrastate commerce.

(B) [Reserved]

(C) The rules in Part 38-383, Commercial Driver's License Standards; Requirements and Penalties, are applicable to every person who operates a commercial motor vehicle in intrastate commerce and to all employers of such persons.

(D) [Reserved]

(E) Additional requirements. Nothing in subchapter B of this chapter shall be construed to prohibit an employer from requiring and enforcing more stringent requirements relating to safety of operation and employee safety and health.

(F) Knowledge of and compliance with the regulations.

(1) Every employer shall be knowledgeable of and comply with all regulations contained in this subchapter which are applicable to that motor carrier's operations.

(2) Every driver and employee shall be instructed regarding, and shall comply with, all applicable regulations contained in this subchapter.

(3) All motor vehicle equipment and accessories required by this subchapter shall be maintained in compliance with all applicable performance and design criteria set forth in this subchapter.

38-390.5. Definitions.

Unless specifically defined elsewhere, in this subchapter:

Accident means

(A) 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 results in:

(1) A fatality;

(2) Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or

(3) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.

(B) The term accident does not include:

(1) An occurrence involving only boarding and alighting from a stationary motor vehicle; or

(2) An occurrence involving only the loading or unloading of cargo; or

Alcohol concentration (AC) means the concentration of alcohol in a person's blood or breath. When expressed as a percentage it means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

Business district means the territory contiguous to and including a highway when within any 600 feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway.

Chapter means all regulations contained in Subarticle 1 of Article 5 of Chapter 38 of the South Carolina Code of Regulations.

Commercial motor vehicle means any self-propelled or towed vehicle used on public highways in intrastate commerce when the vehicle has a gross vehicle weight rating or gross combination weight rating of 26,001 or more pounds or more and is engaged solely in the intrastate transportation of unmanufactured forest products.

Conviction means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.

Disabling damage means damage which precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs.

(A) Inclusions. Damage to motor vehicles that could have been driven, but would have been further damaged if so driven.

(B) Exclusions.

(1) Damage which can be remedied temporarily at the scene of the accident without special tools or parts.

(2) Tire disablement without other damage even if no spare tire is available.

(3) Headlamp or taillight damage.

(4) Damage to turn signals, horn, or windshield wipers which makes them inoperative.

Driveaway-towaway operation means any operation in which a motor vehicle constitutes the commodity being transported and one or more set of wheels of the motor vehicle being transported are on the surface of the roadway during transportation.

Driver means any person who operates any commercial motor vehicle.

Driving a commercial motor vehicle while under the influence of alcohol means committing any one or more of the following acts in a CMV: Driving a CMV while the person's alcohol concentration is 0.04 percent or more; driving under the influence of alcohol, as prescribed by state law; or refusal to undergo such testing as is required by any state or jurisdiction in the enforcement of 49 CFR 383.51(b)(2)(i)(A) or (B), or Section 38-392.5(A)(2).

Employee means any individual, other than an employer, who is employed by an employer and who in the course of his or her employment directly affects commercial motor vehicle safety. Such term includes a driver of a commercial motor vehicle (including an independent contractor while in the course of operating a commercial motor vehicle), a mechanic, and a freight handler. Such term does not include an employee of the United States, any state, any political subdivision of a state, or any agency established under a compact between states and approved by the Congress of the United States who is acting within the course of such employment.

Employer means any person engaged in a business affecting interstate or intrastate commerce who owns or leases a commercial motor vehicle in connection with that business, or assigns employees to operate it, but such terms does not include the United States, any state, any political subdivision of a state, or an agency established under a compact between states approved by the Congress of the United States.

Fatality means any injury which results in the death of a person at the time of the motor vehicle accident or within 30 days of the accident.

For-hire motor carrier means a person engaged in the transportation of goods or passengers for compensation.

Gross combination weight rating (GCWR) means the value specified by the manufacturer as the loaded weight of a combination (articulated) motor vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon.

Gross vehicle weight rating (GVWR) means the value specified by the manufacturer as the loaded weight of a single motor vehicle.

Interstate commerce means trade, traffic, or transportation in the United States which is between a place in a state and a place outside of such state (including a place outside of the United States) or is between two places in a state through another state or a place outside of the United States.

Intrastate commerce means any trade, traffic, or transportation in the State of South Carolina.

Medical examiner means a person who is licensed, certified, and/or registered, in accordance with applicable state laws and regulations, to perform physical examinations. The term includes but is not limited to, doctors of medicine, doctors of osteopathy, physician assistants, advanced practice nurses, and doctors of chiropractic.

Motor carrier means a for-hire motor carrier or a private motor carrier. The term includes a motor carrier's agents, officers and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment and/or accessories. For purposes of subchapter B, this definition includes the terms employer, and exempt motor carrier.

Motor vehicle means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof determined by the Federal Highway Administration, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails, or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service.

Operator: See driver.

Other terms means any other term used in this subchapter is used in its commonly accepted meaning, except where such other term has been defined elsewhere in this subchapter. In that event, the definition therein given shall apply.

Out-of-service order means a declaration by an authorized enforcement officer of the Federal or State government that a driver, a commercial motor vehicle, or a motor carrier operation, is out-of-service pursuant to Out-of-Service Criteria as defined by state law.

Person means any individual, partnership, association, corporation, business trust, or any other organized group of individuals.

Principal place of business means a single location designated by the motor carrier, normally its headquarters, where records required by parts 38-390 and 38-391 of this subchapter will be maintained and where records required by part 38-382 must be made available for inspection within two business days after a request has been made by an authorized representative of the Federal/State Government.

Private motor carrier means a person who provides transportation of property or passengers, by commercial motor vehicle, and is not a for-hire motor carrier.

Radar detector means any device or mechanism to detect the emission of radio microwaves, laser beams or any other future speed measurement technology employed by enforcement personnel to measure the speed of commercial motor vehicles upon public roads and highways for enforcement purposes. Excluded from this definition are radar detection devices that meet both of the following requirements:

(1) Transported outside the driver's compartment of the commercial motor vehicle. For this purpose, the driver's compartment of a passenger-carrying CMV shall include all space designed to accommodate both the driver and the passengers; and

(2) Completely inaccessible to, inoperable by, and imperceptible to the driver while operating the commercial motor vehicle.

Regularly employed driver means a driver who, in any period of 7 consecutive days, is employed or used as a driver solely by a single motor carrier.

Residential district means the territory adjacent to and including a highway which is not a business district and for a distance of 300 feet or more along the highway is primarily improved with residences.

State means the State of South Carolina.

Subpart means any reference in these regulations to "Subpart B".

Trailer includes:

(A) Full trailer means any motor vehicle other than a pole trailer which is designed to be drawn by another motor vehicle and so constructed that no part of its weight, except for the towing device, rests upon the self-propelled towing motor vehicle. A semitrailer equipped with an auxiliary front axle (converter dolly) shall be considered a full trailer.

(B) Pole trailer means any motor vehicle which is designed to be drawn by another motor vehicle and attached to the towing motor vehicle by means of a "reach" or "pole," or by being "boomed" or otherwise secured to the towing motor vehicle, for transporting long or irregularly shaped loads such as poles, pipes, or structural members, which generally are capable of sustaining themselves as beams between the supporting connections.

(C) Semitrailer means any motor vehicle, other than a pole trailer, which is designed to be drawn by another motor vehicle and is constructed so that some part of its weight rests upon the self- propelled towing motor vehicle.

Truck means any self-propelled commercial motor vehicle except a truck tractor, designed and/or used for the transportation of property.

Truck tractor means a self-propelled commercial motor vehicle designed and/or used primarily for drawing other vehicles.

Unmanufactured Forest Products means logs, pulpwood, wood chips, bark, sawmill wood waste, stumps, pine straw and unmachined posts. This definition includes the movement of machinery and equipment:

(A) to produce unmanufactured forest products; and

(B) used in silvicultural activities.

38-390.7. Rules of construction.

(A) [Reserved]

(B) In this subchapter, 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 imperative sense;

(5) Should is used in a recommendatory sense;

(6) May is used in a permissive sense; and

(7) Includes is used as a word of inclusion, not limitation.

Subpart B: General Requirements and Information

38-390.9. [Reserved]

38-390.11. Motor carrier to require observance of driver regulations.

Whenever in this subchapter 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 motor carrier is a driver, the driver shall likewise be bound.

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.

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 State Transport Police Division of the South Carolina Department of Public Safety upon request or as part of any inquiry within such time as the request or inquiry may specify. A motor carrier shall give an authorized representative of the State Transport Police Division of the South Carolina Department of Public Safety all reasonable assistance in the investigation of any accident including providing a full, true and correct answer to an y question of the inquiry.

(B) Motor carriers shall maintain for a period of one year after an accident occurs, an accident register containing at least the following information:

(1) A list of accidents containing for each accident:

(a) Date of accident,

(b) City or town in which or most near where the accident occurred and the state in which the accident occurred,

(c) Driver name,

(d) Number of injuries,

(e) Number of fatalities, and

(f) Whether hazardous materials, other than fuel spilled from the fuel tanks of motor vehicles involved i n the accident, were released.

(2) Copies of all accident reports required by state or other governmental entities or insurers.

38-390.19. Additional equipment and accessories.

Nothing in this subchapter shall be construed to prohibit the use of additional equipment and accessories, not inconsistent with or prohibited by this subchapter, provided such equipment and accessories do not decrease the safety of operation of the commercial motor vehicles on which they are used.

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 subchapter B of this chapter must be marked as specified in paragraphs (B), (C) and (D) of this section.

(B) Nature of marking. The marking must display the following information:

(1) The name or trade name of the motor carrier operating the self- propelled commercial motor vehicle .

(2) The city or community and state (name abbreviated), in which the carrier maintains its principal place of business or in which the commercial motor vehicle is customarily based.

(3) [Reserved]

(4) If the name of any person other than the operating carrier appears on the commercial motor vehicle operated under its own power, either alone or in combination, the name of the operating carrier shall be followed by the information required by paragraphs (B)(1), (2), and (3) of this section, and be preceded by the words "operated by."

(5) Other identifying information may be displayed on the commercial motor vehicle if it is not inconsistent with the information required by this paragraph.

(C) Size, shape, location, and color of marking. The marking must:

(1) Appear on both sides of the self-propelled commercial motor vehicle;

(2) Be in letters that contrast sharply in color with the background on which the letters are placed;

(3) Be readily legible, during daylight hours, from a distance of 50 feet while the commercial motor vehicle is stationary; and

(4) Be kept and maintained in a manner that retains the legibility required by paragraph (C)(3) of this section.

(D) Construction and durability. The marking may be painted on the commercial motor vehicle or may consist of a removable device, if that device meets the identification and legibility requirements of this section, and such marking shall be maintained in such a manner as to remain legible as required by this section. South Carolina Code of Laws, 1976, Section 56-5-4150.

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 subchapter shall apply to the commercial motor vehicle and to its operation in the same manner as though the commercial motor vehicle were actually a commercial motor vehicle of the latter type.

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, 1976, Section 58-23-1120, or other related statutes.

38-391. Qualifications of Drivers.

Table of Contents

Subpart A: General
38-391.1. Scope of the rules in this part; additional qualifications; duties of carrier-drivers.
38-391.2. [Reserved]

Subpart B: Qualification and Disqualification of Drivers
38-391.11. Qualifications of drivers.
38-391.15. Disqualification of drivers.

Subpart C: Background and Character
38-391.21. [Reserved]
38-391.23. [Reserved]
38-391.25. [Reserved]
38-391.27. [Reserved]

Subpart D: Tests
38-391.31. [Reserved]
38-391.33. [Reserved]

Subpart E: Physical Qualifications and Examinations
38-391.41. [Reserved]
38-391.43. [Reserved]
38-391.45. [Reserved]
38-391.47. [Reserved]
38-391.49. [Reserved]

Subpart F: Files and Records 38-391.51. [Reserved]

Subpart G: Limited Exemptions
38-391.61. [Reserved]
38-391.62. [Reserved]
38-391.63. [Reserved]
38-391.64. [Reserved]
38-391.65. [Reserved]
38-391.67. [Reserved]
38-391.68. [Reserved]
38-391.69. [Reserved]
38-391.71. [Reserved]
38-391.73. [Reserved]

Subpart A: General

38-391.1. Scope of the rules in this part; additional qualifications; duties of carrier-drivers.

(A) The rules in this part establish minimum qualifications for persons who drive commercial motor vehicles as, for, or on behalf of motor carriers. The rules in this part also establish minimum duties of motor carriers with respect to the qualifications of their drivers.

(B) A motor carrier who employs himself/herself as a driver must comply with both the rules in this part that apply to motor carriers and the rules in this part that apply to drivers.

38-391.2. [Reserved]

Subpart B: Qualification and Disqualification of Drivers

38-391.11. Qualifications of drivers.

(A) A person shall not drive a commercial motor vehicle, or a motor carrier shall not require or permit a person to drive a commercial motor vehicle unless that person is qualified to drive a commercial motor vehicle.

(B) Except as provided in Subpart G of this part, a person is qualified to drive a commercial motor vehicle if he/she:

(1) Is at least 18 years old;

(2) [Reserved]

(3) Can, by reason of experience, training, or both, safely operate the type of commercial motor vehicle he/she drives;

(4) Can, by reason of experience, training, or both, determine whether the cargo he/she transports has been properly located, distributed, and secured in or on the commercial motor vehicle he/she drives;

(5) Is familiar with methods and procedures for securing cargo in or on the commercial motor vehicle he/she drives;

(6) [Reserved]

(7) Has a currently valid commercial motor vehicle operator's license issued only from one state or jurisdiction;

(8) [Reserved]

(9) Is not disqualified to drive a commercial motor vehicle under the rules in Section 38-391.15;

(10) [Reserved]

(11) Driver will meet CDL qualifications and employer will require an application for employment without being subject to record keeping requirements.

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 driver who is disqualified to drive a commercial motor vehicle.

(B) Disqualification for loss of driving privileges. A driver is disqualified for the duration of his/her loss of his/her privilege to operate a commercial motor vehicle on public highways, either temporarily or permanently, by reason of the revocation, suspension, withdrawal, or denial of an operator's license, permit, or privilege, until that operator's license, permit, or privilege is restored by the authority that revoked, suspended, withdrew, or denied it.

(C) Disqualification for criminal and other offenses.

(1) General rule. A driver who is convicted of (or forfeits bond or collateral upon a charge of) a disqualifying offense specified in paragraph (C)(2) of this section is disqualified for the period of time specified in paragraph (C)(3) of this section, if:

(a) The offense was committed during on-duty time as defined in Section 49 CFR 382.107 (safety sensitive function) of this subchapter or as otherwise specified; and

(b) The driver is employed by a motor carrier or is engaged in activities that are in furtherance of a commercial enterprise in interstate, intrastate, or foreign commerce.

(2) Disqualifying offenses. The following offenses are disqualifying offenses:

(a) Driving a commercial motor vehicle while under the influence of alcohol. This shall include:

(i) Driving a commercial motor vehicle while the person's alcohol concentration is 0.04 percent or more;

(ii) Driving under the influence of alcohol, as prescribed by state law; or

(iii) Refusal to undergo such testing as is required by this state in the enforcement of Section 38-391.15(C)(2)(a) (i) or (ii), or Section 38-392.5(A)(2).

(b) Driving a commercial motor vehicle under the influence of a Schedule I drug or other substance identified in Appendix D to Title 49 of the Code of Federal Regulations, an amphetamine, a narcotic drug, a formulation of an amphetamine or a derivative of a narcotic.

(c) Transportation, possession, or unlawful use of a Schedule I drug or other substance identified in Appendix D of Title 49 of the Code of Federal Regulations, amphetamines, narcotic drugs, formulations of an amphetamine, or derivatives of narcotic drugs while on on-duty time;

(d) Leaving the scene of an accident while operating a commercial motor vehicle; or

(e) A felony involving the use of a commercial motor vehicle.

(3) Duration of disqualification:

(a) First offenders. A driver is disqualified for 1 year after the date of conviction or forfeiture of bond or collateral if, during the 3 years preceding that date, the driver was not convicted of, or did not forfeit bond or collateral upon a charge of an offense that would disqualify the driver under the rules of this section. Exemption. The period of disqualification is 6 months if the conviction or forfeiture of bond or collateral solely concerned the transportation or possession of substances named in paragraph (C)(2)(c) of this section.

(b) Subsequent offenders. A driver is disqualified for 3 years after the date of his/her conviction or forfeiture of bond or collateral if, during the 3 years preceding that date, he/she was convicted of, or forfeited bond or collateral upon a charge of, an offense that would disqualify him/her under the rules in this section.

(D) Disqualification for violation of out-of-service orders.

(1) General rule. A driver who is convicted of violating an out-of-service order is disqualified for the period of time specified in paragraph (D)(2) of this section.

(2) Duration of disqualification for violation of out-of-service orders:

(a) First violation. A driver is disqualified for not less than 90 days nor more than one year if the driver is convicted of a first violation of an out-of-service order.

(b) Second violation. A driver is disqualified for not less than one year nor more than five years if, during any 10-year period, the driver is convicted of two violations of out-of-service orders in separate incidents.

(c) Third or subsequent violation. A driver is disqualified for not less than three years nor more than five years if, during any 10-year period, the driver is convicted of three or more violations of out-of-service orders in separate incidents.

38-392. Driving of Commercial Motor Vehicles.

Table of Contents

Subpart A: General
38-392.1. Scope of the rules in this part.
38-392.2. Applicable operating rules.
38-392.3. Ill or fatigued operator.
38-392.4. Drugs and other substances.
38-392.5. Alcohol prohibition.
38-392.6. Schedules to conform with speed limits.
38-392.7. Equipment, inspection and use.
38-392.8. Emergency equipment, inspection, and use.
38-392.9. Safe loading.
38-392.9a. [Reserved]
38-392.9b. [Reserved]

Subpart B: Driving of Commercial Motor Vehicles
38-392.10. Railroad grade crossings; stopping required.
38-392.11. Railroad grade crossings; slowing down required.
38-392.12. [Reserved]
38-392.13. [Reserved]
38-392.14. Hazardous conditions; extreme caution.
38-392.15. Required and prohibited use of turn signals.
38-392.16. Use of seat belts.
38-392.18. [Reserved]

Subpart C: Stopped Commercial Motor Vehicles
38-392.20. Unattended commercial motor vehicles; precautions.
38-392.21. [Reserved]
38-392.22. Emergency signals; stopped commercial motor vehicles.
38-392.24. Emergency signals; flame-producing.

Subpart D: Use of Lighted Lamps and Reflectors
38-392.30-38-392.32. [Reserved]
38-392.33. Obscured lamps or reflectors.

Subpart E: License Revocation; Duties of Driver
38-392.40-38-392.41. [Reserved]
38-392.42. Notification of license revocation.

Subpart F: Fueling Precautions
38-392.50. Ignition of fuel; prevention.
38-392.51. Reserve fuel.
38-392.52. [Reserved]

Subpart G: Prohibited Practices
38-392.60. Unauthorized persons not to be transported.
38-392.61. [Reserved]
38-392.62. [Reserved]
38-392.63. [Reserved]
38-392.64. Riding within closed commercial motor vehicles without proper exits.
38-392.65. [Reserved]
38-392.66. Carbon monoxide; use of commercial motor vehicle when detected.
38-392.67. Heater, flame-producing; on commercial motor vehicle in motion.
38-392.68. Motive power not to be disengaged.
38-392.69. [Reserved]
38-392.71. Radar detectors; use and/or possession.

Subpart A: General

38-392.1. Scope of the rules in this part.

Every motor carrier, its officers, agents, representatives, and employees responsible for the management, maintenance, operation, or driving of commercial motor vehicles, or the hiring, supervising, training, assigning, or dispatching of drivers, shall be instructed in and comply with the rules in this part.

38-392.2. Applicable operating rules.

Every commercial motor vehicle must be operated in accordance with the laws, ordinances, and regulations of this state.

38-392.3. Ill or fatigued operator.

No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver's ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle. However, in a case of grave emergency where the hazard to occupants of the commercial motor vehicle or other users of the highway would be increased by compliance with this section, the driver may continue to operate the commercial motor vehicle to the nearest place at which that hazard is removed.

38-392.4. Drugs and other substances.

(A) No driver shall be on duty and possess, be under the influence of, or use, any of the following drugs or other substances:

(1) Any Schedule I drug or other substance identified in appendix D to Title 49 of the Code of Federal Regulations;

(2) An amphetamine or any formulation thereof (including, but not limited, to "pep pills" and "bennies");

(3) A narcotic drug or any derivative thereof; or

(4) Any other substance, to a degree which renders the driver incapable of safely operating a motor vehicle.

(B) No motor carrier shall require or permit a driver to violate paragraph (A) of this section.

(C) Paragraphs (A) (2), (3), and (4) do not apply to the possession or use of a substance administered to a driver by or under the instructions of a licensed medical practitioner, as defined in 49 CFR 382.107 of this subchapter, who has advised the driver that the substance will not affect the driver's ability to safely operate a motor vehicle.

(D) As used in this section, "possession" does not include possession of a substance which is manifested and transported as part of a shipment.

38-392.5. Alcohol prohibition.

(A) No driver shall:

(1) Use alcohol, as defined in 49 CFR 382.107 of this subchapter, or be under the influence of alcohol, within 4 hours before going on duty or operating, or having physical control of, a commercial motor vehicle; or

(2) Use alcohol, be under the influence of alcohol, or have any measured alcohol concentration or detected presence of alcohol, while on duty, or operating, or in physical control of a commercial motor vehicle; or

(3) Be on duty or operate a commercial motor vehicle while the driver possesses an alcoholic beverage.

(B) No motor carrier shall require or permit a driver to:

(1) Violate any provision of paragraph (A) of this section; or

(2) Be on duty or operate a commercial motor vehicle if, by the driver's general appearance or conduct or by other substantiating evidence, the driver appears to have used alcohol within the preceding four hours.

(C) Any driver who is found to be in violation of the provisions of paragraph (A) or (B) of this section shall be placed out-of-service immediately for a period of 24 hours.

(1) The 24-hour out-of-service period will commence upon issuance of an out-of-service order.

(2) No driver shall violate the terms of an out-of-service order issued under this section.

(D) Any driver who is issued an out-of-service order under this section shall report such issuance to his/her employer within 24 hours.

38-392.6. Schedules to conform with speed limits.

No motor carrier shall schedule a run nor permit nor require the operation of any commercial motor vehicle between points in such period of time as would necessitate the commercial motor vehicle being operated at speeds greater than those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated.

38-392.7. Equipment, inspection and use.

No commercial motor vehicle shall be driven unless the driver thereof shall have satisfied himself/herself that the following parts and accessories are in good working order, nor shall any driver fail to use or make use of such parts and accessories when and as needed:

(A) Service brakes, including trailer brake connections.

(B) Parking (hand) brake.

(C) Steering mechanism.

(D) Lighting devices and reflectors.

(E) Tires.

(F) Horn.

(G) Windshield wiper or wipers.

(H) Rear-vision mirror or mirrors.

(I) Coupling devices.

38-392.8. Emergency equipment, inspection and use.

No commercial motor vehicle shall be driven unless the driver thereof is satisfied that the emergency equipment required by 49 CFR 393.95 of this subchapter is in place and ready for use; nor shall any driver fail to use or make use of such equipment when and as needed.

38-392.9. Safe loading.

(A) General. No person shall drive a commercial motor vehicle and a motor carrier shall not require or permit a person to drive a commercial motor vehicle unless:

(1) The commercial motor vehicle's cargo is properly distributed and adequately secured as specified in Sections 49 CFR 393.100 through 49 CFR 393.106.

(2) The commercial motor vehicle's tailgate, tailboard, doors, tarpaulins, its spare tire and other equipment used in its operation, and the means of fastening the commercial motor vehicle's cargo are secured; and

(3) The commercial motor vehicle's cargo or any other object does not obscure the driver's view ahead or to the right or left sides, interfere with the free movement of his/her arms or legs, prevent his/her free and ready access to accessories required for emergencies, or prevent the free and ready exit of any person from the commercial motor vehicle's cab or driver's compartment.

(B) Drivers of trucks and truck tractors must:

(1) Assure himself/herself that the provisions of paragraph (A) of this section have been complied with before he/she drives that commercial motor vehicle;

(2) Examine the commercial motor vehicle's cargo and its load-securing devices within the first 25 miles after beginning a trip and cause any adjustments to be made to the cargo or load-securing devices (other than steel strapping) as may be necessary to maintain the security of the commercial motor vehicle's load; and

(3) Reexamine the commercial motor vehicle's cargo and its load-securing devices periodically during the course of transportation and cause any adjustments to be made to the cargo or load-securing devices (other than steel strapping) as may be necessary to maintain the security of the commercial motor vehicle's load. A periodic reexamination and any necessary adjustments must be made:

(a) When the driver makes a change of his/her duty status; or

(b) After the commercial motor vehicle has been driven for 3 hours; or

(c) After the commercial motor vehicle has been driven for 150 miles, whichever occurs first.

38-392.9a. [Reserved]

Subpart B: Driving of Commercial Motor Vehicles

38-392.10. Railroad grade crossings; stopping required.

(A) Except as provided in paragraph (B) of this section, the driver of a commercial motor vehicle shall not cross a railroad track or tracks at grade unless he/she first: Stops the commercial motor vehicle within 50 feet of, and not closer than 15 feet to, the tracks; thereafter listens and looks in each direction along the tracks for an approaching train; and ascertains that no train is approaching. When it is safe to do so, the driver may drive the commercial motor vehicle across the tracks in a gear that permits the commercial motor vehicle to complete the crossing without a change of gears. The driver must not shift gears while crossing the tracks.

(B) A stop need not be made at:

(1) A streetcar crossing, or railroad tracks used exclusively for industrial switching purposes, within a business district, as defined in Section 38-390.5 of this chapter.

(2) A railroad grade crossing when a police officer or crossing flagman directs traffic to proceed .

(3) A railroad grade crossing controlled by a functioning highway traffic signal transmitting a green indication which, under local law, permits the commercial motor vehicle to proceed across the railroad tracks without slowing or stopping.

(4) An abandoned railroad grade crossing which is marked with a sign indicating that the rail line is abandoned.

(5) An industrial or spur line railroad grade crossing marked with a sign reading "Exempt." Such "Exempt" signs shall be erected only by or with the consent of the appropriate state or local authority.

38-392.11. Railroad grade crossings; slowing down required.

Every commercial motor vehicle other than those listed in Section 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 before reaching the nearest rail of such crossing and shall not be driven upon or over such crossing until due caution has been taken to ascertain that the course is clear.

38-392.14. Hazardous conditions; extreme caution.

Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated. Whenever compliance with the foregoing provisions of this rule increases hazard to passengers, the commercial motor vehicle may be operated to the nearest point at which the safety of passengers is assured.

38-392.15. Required and prohibited use of turn signals.

(A) Turns. Every commercial motor vehicle turn shall be signaled for a distance of not less than 100 feet in advance of, and during, the turning movement by flashing the turn signals at the front and the rear of the commercial motor vehicle on the side toward which the turning movement is made.

(B) Entry into traffic stream. Turn signals shall be flashed to indicate the direction of commercial motor commercial motor vehicle into the traffic stream from a parked position.

(C) Lane changes. Turn signals shall be flashed to indicate the direction of commercial motor vehicle movement continuously, for a distance of not less than 100 feet in advance of, and during, the turning movement of the commercial motor vehicle from one traffic lane to another.

(D) Parking or disablement. Turn signals shall not be flashed on one side only on parked or disabled commercial motor vehicles.

(E) Courtesy or "do pass" signals. Turn signals shall not be used as courtesy or "do pass" signals to operators of motor vehicles approaching from the rear.

38-392.16. Use of seat belts.

A commercial motor vehicle which has a seat belt assembly installed at the driver's seat shall not be driven unless the driver has properly restrained himself/herself with the seat belt assembly.

Subpart C: Stopped Commercial Motor Vehicles

38-392.20. Unattended commercial motor vehicles; precautions.

No commercial motor vehicle shall be left unattended until the parking brake has been securely set and all reasonable precautions have been taken to prevent the movement of such commercial motor vehicle.

38-392.22. Emergency signals; stopped commercial motor vehicles.

(A) Hazard warning signal flashers. Whenever a commercial motor vehicle is stopped upon the traveled portion of a highway or the shoulder of a highway for any cause other than necessary traffic stops, the driver of the stopped commercial motor vehicle shall immediately activate the vehicular hazard warning signal flashers and continue the flashing until the driver places the warning devices required by paragraph (B) of this section. The flashing signals shall be used during the time the warning devices are picked up for storage before movement of the commercial motor vehicle. The flashing lights may be used at other times while a commercial motor vehicle is stopped in addition to, but not in lieu of, the warning devices required by paragraph (B) of this section.

(B) Placement of warning devices.

(1) General rule. Except as provided in paragraph (B)(2) of this section, whenever a commercial motor vehicle is stopped on the traveled portion of a highway or the shoulder of a highway for any cause other than necessary traffic stops, the driver shall as soon as possible, but in any event within 10 minutes, place the warning devices with which the commercial motor vehicle is equipped in conformance with the requirements of Section 49 CFR 393.95, in the following manner:

(a) One at the traffic side of the stopped commercial motor vehicle, within 10 feet of the front or rear of t he commercial motor vehicle;

(b) One at a distance of approximately 100 feet from the stopped commercial motor vehicle in the center of the traffic lane or shoulder occupied by the commercial motor vehicle and in a direction toward traffic approaching in that lane; and

(c) One at a distance of approximately 100 feet from the stopped commercial motor vehicle in the opposite direction from those placed in accordance with paragraphs (B)(1) (a) and (b) of this section, in the center of the traffic lane or shoulder occupied by the commercial motor vehicle.

(d) The same type of required emergency warning device (see Section 49 CFR 393.95(f)(1))shall be placed at each of the three locations specified in paragraph (B)(1) (a) through (c) of this section. If supplemental warning devices are also used (see Section 49 CFR 393.95(f )(2)), a device of the same type shall be placed at each of those locations.

(2) Special rules.

(a) Fusees and liquid-burning flares. The driver of a commercial motor vehicle equipped with only fusees or liquid-burning flares shall place a lighted fusee or liquid-burning flare at each of the locations specified in paragraph (B)(1) of this section. There shall be at least one lighted fusee or liquid-burning flare at each of the prescribed locations, as long as the commercial motor vehicle is stopped. Before the stopped commercial motor vehicle is moved, the driver shall extinguish and remove each fusee or liquid-burning flare.

(b) Daylight hours. Except as provided in paragraph (B)(2)(c) of this section, during the period lighted lamps are not required, three bi-directional reflective triangles, or three lighted fusees or liquid- burning flares shall be placed as specified in paragraph (B)(1) of this section within a time of 10 minutes. In the event the driver elects to use only fusees or liquid-burning flares in lieu of bi-directional reflective triangles or red flags, the driver must ensure that at least one fusee or liquid-burning flare remains lighted at each of the prescribed locations as long as the commercial motor vehicle is stopped or parked.

(c) Business or residential districts. The placement of warning devices is not required within the business or residential district of a municipality, except during the time lighted lamps are required and when street or highway lighting is insufficient to make a commercial motor vehicle clearly discernable at a distance of 500 feet to persons on the highway.

(d) Hills, curves, and obstructions. If a commercial motor vehicle is stopped within 500 feet of a curve, crest of a hill, or other obstruction to view, the driver shall place the warning signal required by paragraph (B)(1) of this section in the direction of the obstruction to view a distance of 100 feet to 500 feet from the stopped commercial motor vehicle so as to afford ample warning to other users of the highway.

(e) Divided or one-way roads. If a commercial motor vehicle is stopped upon the traveled portion or the shoulder of a divided or one-way highway, the driver shall place the warning devices required by paragraph (B)(1) of this section, one warning device at a distance of 200 feet and one warning direction toward approaching traffic in the center of the lane or shoulder occupied by the commercial motor vehicle. He/she shall place one warning device at the traffic side of the commercial motor vehicle within 10 feet of the rear of the commercial motor vehicle.

(f) Leaking, flammable material. If gasoline or any other flammable liquid, or combustible liquid or gas seeps or leaks from a fuel container or a commercial motor vehicle stopped upon a highway, no emergency warning signal producing a flame shall be lighted or placed except at such a distance from any such liquid or gas as will assure the prevention of a fire or explosion.

38-392.24. Emergency signals; flame-producing.

No driver shall attach or permit any person to attach a lighted fusee or other flame-producing emergency signal to any part of a commercial motor vehicle.

38-392.25. [Reserved]

Subpart D: Use of Lighted Lamps and Reflectors

38-392.33. Obscured lamps or reflectors.

No commercial motor vehicle shall be driven when any of the required lamps or reflectors are obscured by the tailboard, by any part of the load, by dirt, or otherwise.

Subpart E: License Revocation; Duties of Driver

38-392.42. Notification of license revocation.

A driver who receives a notice that his/her license, permit, or privilege to operate a motor vehicle has been revoked, suspended, or withdrawn shall notify the motor carrier that employs him/her of the contents of the notice before the end of the business day following the day he/she received it.

Subpart F: Fueling Precautions

38-392.50. Ignition of fuel; prevention.

No driver or any employee of a motor carrier shall:

(A) Fuel a commercial motor vehicle with the engine running, except when it is necessary to run the engine to fuel the commercial motor vehicle;

(B) Smoke or expose any open flame in the vicinity of a commercial motor vehicle being fueled;

(C) Fuel a commercial motor vehicle unless the nozzle of the fuel hose is continuously in contact with the intake pipe of the fuel tank;

(D) Permit, insofar as practicable, any other person to engage in such activities as would be likely to result in fire or explosion.

38-392.51. Reserve fuel.

No supply of fuel for the propulsion of said commercial motor vehicle or for the operation of accessories shall be carried on any commercial motor vehicle except in a properly mounted fuel tank or tanks.

Subpart G: Prohibited Practices

38-392.60. Unauthorized persons not to be transported.

Unless specifically authorized in writing to do so by the motor carrier under whose authority the commercial motor vehicle is being operated, no driver shall transport any person or permit any person to be transported on any commercial motor vehicle. When such authorization is issued, it shall state the name of the person to be transported, the points where the transportation is to begin and end, and the date upon which such authority expires. No written authorization, however, shall be necessary for the transportation of:

(A) Employees or other persons assigned to a commercial motor vehicle by a motor carrier;

(B) Any person transported when aid is being rendered in case of an accident or other emergency;

38-392.64. Riding within closed commercial motor vehicles without proper exits.

No person shall ride within the closed body of any commercial motor vehicle unless there are means on the inside thereof of obtaining exit. Said means shall be in such condition as to permit ready operation by the occupant.

38-392.66. Carbon monoxide; use of commercial motor vehicle when detected.

No person shall dispatch or drive any commercial motor vehicle or permit any passengers thereon, when the following conditions are known to exist, until such conditions have been remedied or repaired:

(A) Where an occupant has been affected by carbon monoxide;

(B) Where carbon monoxide has been detected in the interior of the commercial motor vehicle ;

(C) When a mechanical condition of the commercial motor vehicle is discovered which would be likely to produce a hazard to the occupants by reason of carbon monoxide.

38-392.67. Heater, flame-producing; on commercial motor vehicle in motion.

No open flame heater used in the loading or unloading of the commodity transported shall be in operation while the commercial motor vehicle is in motion.

38-392.68. Motive power not to be disengaged.

No commercial motor vehicle shall be driven with the source of motive power disengaged from the driving wheels except when such disengagement is necessary to stop or to shift gears.

38-392.71. Radar detectors; use and/or possession.

(A) No driver shall use a radar detector in a commercial motor vehicle, or operate a commercial motor vehicle that is equipped with or contains any radar detector.

(B) No motor carrier shall require or permit a driver to violate paragraph (A) of this section.

HISTORY Added by State Register Volume 22, Issue No. 6, Part 3, eff June 26, 1998.

38-393. Parts and Accessories Necessary for Safe Operation.

The Department hereby adopts and incorporates by reference 49 CFR part 393 as those sections were written on January 1, 1996, with the following amendments and exceptions:

Section 393.11(k) is amended to read:

(k). Projections beyond rear of vehicle. On motor vehicles transporting loads which extend to the rear four (4) feet or more beyond the bed or body of the vehicle there must be displayed at the extreme rear end of the load, from a half hour after sunset to a half hour before sunrise, and at any other time when windshield wipers are required to be in use as a result of rain, sleet, snow, or other inclement weather, a red light or lantern plainly visible from a distance of at least five hundred feet to the sides or rear. The red light or lantern required under this section is in addition to the red rear light required upon every vehicle. At any other time of day there must be displayed at the extreme rear of the load a red flag or cloth not less than twelve inches by twenty-four inches and so hung that the entire area is visible to the driver of a vehicle approaching from the rear. South Carolina Code of Law, Section 56-5-4630.

Section 393.26 is amended by adding a paragraph at the end to read:

For every pole truck or trailer, Section 56-5-4870(7) requires a strip of light reflecting paint, tape or reflectors on the external sides of the pole support frame or bolsters, or both where practical.

Section 393.82 is amended to read:

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 vehicle which is part of a shipment being delivered in a driveaway-towaway operation if such driven vehicle is equipped with an effective means of limiting its maximum speed to 45 miles per hour, nor to any towed vehicle.

Section 393.100 is amended by adding a paragraph (G) to read:

(G). Special rules for vehicles hauling unmanufactured forest products.

(1) Each motor vehicle transporting logs, tree-length pulpwood and shortwood (pulpwood) equipped with permanent, fixed, or trip standards shall be secured with binder of at least 3,000 lbs or working load limit cables, straps, or other chains of equivalent strength.

(a) Option A. Each load of short pulpwood loaded perpendicular to the axis of the truck body shall be required to be secured by only one binder chain of cable, strap or other chain meeting the specification provided in this paragraph.

(b) Option B. Each tree-length load of pulpwood or logs shall be required to be secured with no less than one binder chain, cable, strap or other chain which shall be located in a manner that will adequately secure the load. Such binder, chain, cable, strap or other chain shall meet the specifications provided in this paragraph.

(c) Option C. Each load of pulpwood or cut logs loaded on multiple racks, shall be required to be secured by only one binder chain, cable, strap, or other chain per rack meeting the specification of this paragraph.

(2) All such chains, cable, or straps shall be equipped with load binder and hardware (tightening device) .

(a) All pallets or racks used to carry pulpwood or logs shall be bound to the frame or body of the truck or trailer.

(b) All standards must be of metal construction of a strength which will secure the load if the load shifts.

(c) Each standard must be adequately anchored to the bolster in such manner that the load will be secured if the load shifts.

(d) Standard extensions must be of metal construction and firmly secured to the standard.

(e) Each strap standard must be secured with a locking pin and cable of sufficient strength to hold the standard in an upright position if the load shifts.

(f) Loads should not extend beyond the height of the highest standard.

(g) Standards and standard extensions must not extend beyond a total trailer height of 13'6".

38-396. Inspection, Repair, and Maintenance.

The Department hereby adopts and incorporates by reference 49 CFR part 396 as those sections were written on January 1, 1996, except for Sections 49 CFR 396.11, 49 CFR 396.13, and 49 CFR 396.15 which are not being adopted.

APPENDIX A

TABLE OF CONTENTS

SOUTH CAROLINA OUT-OF-SERVICE CRITERIA FOR HAULERS OF UNMANUFACTURED FOREST PRODUCTS

*****************************

Part I - South Carolina Out-of-Service Criteria -Driver

Part II - South Carolina Out-of-Service Criteria - Vehicle

SOUTH CAROLINA OUT-OF-SERVICE MANUAL

PART I - DRIVER

DESCRIPTION ITEM NUMBER

DRIVER'S AGE (B)(1)

CDL (B)(3)

DRIVER QUALIFICATIONS/DISQUALIFICATIONS (B)(5)

SUBSTANCE ABUSE (DRUGS/ALCOHOL) (B)(6)&(7)

PART II - VEHICLE

BRAKE SYSTEMS

DEFECTIVE (B)(1)(a)

ADJUSTMENT LIMITS (B)(1)(a)(v)

LININGS/PADS (B)(1)(a)(vi)

STEERING AXLE (B)(1)(b)

PARKING BRAKE (B)(1)(c)

BREAKAWAY SYSTEM (B)(1)(c)

DRUMS/DISCS (B)(1)(d)

HOSE (B)(1)(e)

TUBING (B)(1)(f)

LOW PRESSURE DEVICE (B)(1)(g)

AIR LOSS RATE (B)(1)(h)

TRACTOR PROTECTION SYSTEM (B)(1)(i)

AIR RESERVOIR (B)(1)(j)

AIR COMPRESSOR (B)(1)(k)

ELECTRIC (B)(1)(l)

HYDRAULIC (B)(1)(m)

VACUUM (B)(1)(n)

COUPLING DEVICES

FIFTH WHEELS (B)(2)(a)

LOWER COUPLER (B)(2)(a)

UPPER COUPLER (B)(2)(b)

PINTLE HOOKS (B)(2)(c)

DRAWBAR EYE (B)(2)(d)

DRAWBAR/TONGUE (B)(2)(e)

SAFETY DEVICES (B)(2)(f)

SADDLEMOUNTS (B)(2)(g)

TURNTABLES (B)(2)(h)

EXHAUST SYSTEM (B)(3)

FRAMES

MEMBERS (B)(4)(a)

WHEEL CLEARANCE (B)(4)(b)

ADJUSTABLE AXLES (B)(4)(c)

FUEL SYSTEM (B)(5)

HEADLAMPS, TAIL LAMPS, (B)(6)

LAMPS ON PROJECTING LOADS,

STOP LAMPS, AND TURN SIGNALS

WHEN REQUIRED (B)(6)(a)(iii)

ANYTIME (B)(6)(b)

SAFE LOADING/TIEDOWNS (B)(7)

STEERING

WHEEL FREE PLAY (B)(8)(a)

COLUMN (B)(8)(b)

FRONT AXLE (INCLUDING HUB) (B)(8)(c)

GEAR BOX (B)(8)(d)

PITMAN ARM (B)(8)(e)

POWER (B)(8)(f)

BALL & SOCKET (B)(8)(g)

TIE RODS/DRAG LINKS (B)(8)(h)

NUTS (B)(8)(i)

SYSTEM (B)(8)(j)

C-DOLLY (B)(8)(k)

SUSPENSION

AXLE PARTS/MEMBERS (B)(9)(a)

SPRING ASSEMBLY (B)(9)(b)

MAIN LEAF ID GUIDE (B)(9)(b)

COIL/RUBBER SPRING AND AIR SUSPENSION (B)(9)(b)

COMPOSITE (B)(9)(c)

TORQUE/RADIUS/TRACKING COMPONENTS (B)(9)(d)

TIRES

STEERING AXLE (B)(10)(a)

OTHER (B)(10)(b)

VAN AND OPEN-TOP TRAILER BODIES

UPPER/LOWER RAIL (B)(1)1(a) & (b)

FLOOR CROSSMEMBERS (B)(11)(c)

SIDE PANELS (B)(11)(d)

WHEELS & RIMS (B)(12)

WINDSHIELD WIPERS (B)(13)

APPENDIX A

PART I

SOUTH CAROLINA DRIVER OUT-OF-SERVICE CRITERIA FOR UNMANUFACTURED FOREST PRODUCTS

(A) Policy statement.

The purpose of this part is to identify driver violations that render the commercial motor vehicle operator unqualified to drive or out-of-service. The necessity for all enforcement personnel to implement and adhere to these standards is: (1) a matter of law; (2) perceived as necessary by the society we are charged with protecting, and (3) a professional obligation if substantial enhancement in the safety of commercial motor vehicle operators is to be achieved.

Except where state, provincial, or federal laws preclude enforcement of a named item, motor carrier safety enforcement personnel and their jurisdictions shall comply with these driver out-of-service violation standards.

Out-Of-Service violation: Violation under this category precludes further operation of a commercial motor vehicle by its specified period of time or for some violations until a required condition is met.

(B) INSPECTION ITEM OUT-OF-SERVICE CONDITION ENFORCEMENT

ACTION

(1) Driver age. Is not at least 18 years of Remove

age driver.

(2) Operator's/Chauffeur's Is not licensed for the type Remove

license or permit. of vehicle being operated. driver.

(Vehicle 26,000 lbs. (Out-of-service action to

or less GVWR not be initiated only upon

designed to transport home state license

16 or more passengers verification.)

or placarded loads of

hazardous materials.)

(3) CDL:

(a) License. Does not possess a valid Remove

CDL issued by his/her driver.

state or jurisdiction of

domicile. (Out-of-service

action to be initiated

only upon home state

license verification.)

(b) Learner's Is not accompanied by the Remove

permit. holder of a valid CDL driver.

(c) Endorsements Operating a commercial Remove

and vehicle without proper driver.

restrictions. endorsement or in

violation of restrictions.

(d) Classification. Does not possess proper Remove

class of license for driver.

vehicle being operated.

(4) Sickness or fatigue. When so impaired that the Remove driver

driver should not continue until no

the trip. longer

impaired.

(5) Driver disqualification. Driver disqualification Remove the

under the provisions of driver

until requ-

alification

is establi-

shed.

(6) Drugs and other

substances:

(a) Shall not be in Is in possession. Out-of-servi-

possession. ce for 24

hours

(b) Shall not be Is under the influence, with Out-of-servi-

under the probable cause. ce for 24

influence. hours.

(7) Intoxicating beverages. Under the influence of Out-of-servi-

intoxicating beverage, ce for 24

consumes an intoxicating hours.

regardless of its alcohol

content, or have any

measured alcohol

concentration or any

detected presence of

alcohol while on duty, or

operating, or in physical

control of a motor

vehicle.

Be on duty or operate a

motor vehicle while

the driver possesses

an intoxicating

beverage, regardless

of its alcoholic

content.

(B) [Reserved]

APPENDIX A

PART II

SOUTH CAROLINA VEHICLE OUT-OF-SERVICE CRITERIA FOR UNMANUFACTURED FOREST PRODUCTS

(A) Policy statement.

The purpose of this part is to identify critical vehicle inspection items and provide criteria for placing vehicle(s) out-of-service subsequent to a safety inspection.

Decal Qualification: Each vehicle (truck, truck tractor, semitrailer, trailer, etc.) must "pass" inspection to qualify for a decal. "Pass Inspection" means that no violations/defects are found of the vehicle inspection items contained in the definitions of Level I and Level V inspections. For the purpose of decal issuance, if no violation is detected during a Level I or Level V inspection due to a hidden part, which includes the vehicle inspection items listed in the definitions, a decal shall be applied.

OUT-OF-SERVICE: Authorized personnel shall declare and mark "out of service" any motor vehicle which by reason of its mechanical condition or loading would likely cause an accident or breakdown. An "Out of Service Vehicle" sticker shall be used to mark vehicles "out of service". Not motor carrier shall require nor shall any person operate any commercial motor vehicle declared and marked "out of service" until all repairs by the "out of service notice" have been satisfactorily completed.

No person shall remove the "Out of Service Vehicle" sticker from any motor vehicle prior to completion of all repairs required by the "out of service notice".

Violations other than out of service conditions detected during the inspection process will not preclude the completion of the current trip or dispatch. However, such violations must be corrected or repaired prior to redispatch.

(B) Inspection Item and Out-Of-Service Condition.

(1) Brake System.

(a) Defective Brakes: The number of defective brakes is equal to or greater than 20 percent of brakes on the vehicle or combination. A defective brake includes any brake that meets one of the following criteria: (Steering axle brakes under (1)(b) are to be included in 20 percent criterion .)

(i) Absence of effective braking action upon application of the service brakes (such as brake linings failing to move or contact braking surface upon application)

(ii) Missing or broken mechanical components including: shoes, linings, pads, springs, anchor pins, spiders, cam rollers, push-rods, and air chamber mounting bolts.

(iii) Loose brake components including air chambers, spiders, and cam shaft support brackets.

(iv) Audible air leak at brake chamber, (Example - ruptured diaphragm, loose chamber, clamp, etc.). Also check under (B)(1)(h). Air Loss Rate.

(v) Readjustment limits. Bring reservoir pressure between 90 to 100 psi, turn engine off and then fully apply the brakes.

(A) One brake at 1/4 inch or more beyond the readjustment limit. (Example: Type 30 clamp type brake chamber pushrod measured at 2-1/4 inches would be one defective brake.)

(B) Two brakes at the readjustment limit or less than 1/4 inch beyond the readjustment limit also equal one defective brake. Examples: Clamp type 30 pushrods measure:

(1) - Two at 2-1/8 inches;

(2) - One at 2 1/8 inches, and one at 2 inches, or

(3) - Two at 2 inches.

Each example would equal one defective brake. (See the following charts.)

(C) Any wedge brake where the combined brake lining movement of both top and bottom shoes exceeds 1/8 inch.

(D) Brake Adjustments shall not meet or exceed those specifications contained hereunder relating to maximum stroke at which brakes must be readjusted. The dimensions in the table below are in inches.

CLAMP TYPE BRAKE CHAMBER DATE

TYPE OUTSIDE DIAMETER MAXIMUM STROKE AT WHICH BRAKES MUST BE

READJUSTED

6 4-1/2 1-1/4

9 5-1/4 1-3/8

12 5-11/16 1-3/8

16 6-3/8 1-3/4

20 6-25/32 1-3/4

24 7-7/32 1-3/4

30 8-3/32 2

36 9 2-1/4

_______________________________________________________________________________

'LONG STROKE' CLAMP TYPE BRAKE CHAMBER DATA

TYPE OUTSIDE DIAMETER MAXIMUM STROKE AT WHICH BRAKES MUST BE

READJUSTED

16 6-3/8 2.0

20 6-25/32 2.0

24 7-7/32 2.0

24 [FN*] 7-7/32 2.5

30 8-3/32 2.5

[FN*] For 3" maximum stroke type 24 chambers

_______________________________________________________________________________

TIE ROD STYLE PISTON BRAKE CHAMBER DATA

SIZE OUTSIDE DIAMETER MAXIMUM STROKE AT WHICH BRAKES MUST BE

READJUSTED

30 6 1/2 165MM 2.5 64MM

_______________________________________________________________________________

BOLT TYPE BRAKE CHAMBER DATA

SIZE OUTSIDE DIAMETER MAXIMUM STROKE AT WHICH BRAKES MUST BE

READJUSTED

A 6-15/16 1-3/8

B 9-3/16 1-3/4

C 8-1/16 1-3/4

D 5-1/4 1-1/4

E 6-3/16 1-3/8

F 11 2-1/4

G 9-7/8 2

_______________________________________________________________________________

ROTOCHAMBER DATA

TYPE OUTSIDE DIAMETER MAXIMUM STROKE AT WHICH BRAKES MUST BE

READJUSTED

9 4-9/32 1-1/2

12 4-13/16 1-1/2

16 5-13/32 2

20 5-15/16 2

24 6-13/32 2

30 7-1/16 2-1/4

36 7-5/8 2-3/4

50 8-7/8 3

_______________________________________________________________________________

DD-3 BRAKE CHAMBER DATA

TYPE OUTSIDE DIAMETER MAXIMUM STROKE AT WHICH BRAKES MUST BE

READJUSTED

30 8-1/8 2-1/4

(E) Wedge brake data: The combined movement of both brake shoe lining scribe marks shall not exceed 1/ 8 inch (3.18mm)

(vi) Brake linings or pads. (Except on power unit steering axles.)

(A) Cracked, loose, or missing lining.

(1) Lining cracks or voids of 1/16" in width observable on the edge of the lining.

(2) Portions of a lining segment missing such that a fastening device (rivet or bolt) is exposed when viewing the lining from the edge.

(3) Cracks that exceed 1-1/2" in length.

(4) Loose lining segments. (Approximately 1/16" or more movement.)

(5) Complete lining segment missing.

(B) Evidence of oil seepage into or out of the brake lining/drum interface area. This must include wet contamination of the lining edge accompanied by evidence that further contamination will occur, such as oil running from the drum or a bearing seal. Grease on the lining edge back of shoe, or drum edge and oil stains with no evidence of fresh oil leakage are not conditions for out-of-service.

(C) Air Brakes: Lining with a thickness less than 1/4 inch or to wear indicator if lining is so marked, measured at the shoe center for drum brakes or less than 1/8 inch for disc brakes.

(D) Hydraulic & electric brake: Lining with a thickness 1/16 inch or less at the shoe center for disc or drum brakes.

(vii) Missing brake on any axle required to have brakes.

(b) Steering Axle Brakes: In addition to being included in the 20 percent criterion, the following criteria places a vehicle in an out-of-service condition:

(i) Absence of effective braking action on any steering axle of any vehicle required to have steering axle brakes, including the dolly and front axle of a full trailer.

(ii) Mismatch across any power unit steering axles of:

(A) Air chamber sizes.

(B) Slack adjuster length.

(iii) Brake linings or pads on the steering axle of any power unit:

(A) Cracked, loose, or missing lining.

(1) Lining cracks or voids of 1/16" in width observable on the edge of the lining.

(2) Portions of a lining segment missing such that a fastening device (rivet or bolt) is exposed when viewing the lining from the edge.

(3) Cracks that exceed 1-1/2" in length.

(4) Loose lining segments. (Approximately 1/16" or more movement.)

(5) Complete lining segment missing.

(B) Evidence of oil seepage into or out of the brake lining/drum interface area. This must include wet contamination of that lining edge accompanied by evidence further contamination will occur, such as oil running from the drum or bearing seal. Grease on the lining edge, back of shoe, or drum edge and oil stains with no evidence of fresh oil leakage are not conditions for out-of-service.

(C) Lining with a thickness less than 3/16 inch for a shoe with a continuous strip of lining or 1/4 inch for a shoe with two pads for drum brakes or to wear indicator if lining is so marked, or less than 1/8 inch for air disc brakes, and 1/16 inch or less for hydraulic disc, drum and electric brakes.

(c) Parking Brakes:

(i) Inoperable breakaway braking system on trailer(s). No trailer brake application upon actuation of the parking brake control indicates an inoperable breakaway braking system.)

(ii) Any non-manufactured holes or cracks in the spring brake housing section of a parking brake.

(d) Brake Drums

(i) Drums with any external crack or cracks Rotors (Discs).that open upon brake application. (Do not confuse short hairline heat check cracks with flexural cracks.)

(ii) Any portion of the drum or rotor (discs) missing or in danger of failing away.

(e) Brake Hose

(i) Hose with any damage extending through the outer reinforcement ply. (Rubber impregnated fabric cover is not a reinforcement ply.) Thermoplastic nylon may have braid reinforcement or color difference between cover and inner tube. Exposure of second color is out-of-service.)

(ii) Bulge/swelling when air pressure is applied.

(iii) Hose with audible leak at other than a proper connection.

(iv) Two hoses improperly joined such as a splice made by sliding the hose ends over a piece of tubing and clamping the hose to the tube.

(v) Air hose cracked, broken, or crimped in such a manner as to restrict air flow.

(f) Brake Tubing:

(i) Tubing with an audible leak at other than a proper connection.

(ii) Tubing cracked, damaged by heat, broken, or crimped.

(g) Low Pressure Warning Device:

Low Pressure Warning Device: Missing, inoperative, or does not operate at 55 psi and below, or 1/2 the governor cut-out pressure, whichever is less. If either an audible or visual warning device is working, vehicle should not be placed out-of-service.

(h) Air Loss Rate:

If an air leak is discovered and the reservoir pressure is not maintained when: governor is cut-in, reservoir pressure is between 80 & 90 psi, engine is at idle, and service brakes are fully applied.

(i) Tractor-Protection:

Inoperable or missing tractor protection values on power unit.

(j) Air Reservoir:

Air reservoir security; separated from its original attachment points.

(k) Air Compressor:

(i) Loose compressor mounting bolts.

(ii) Cracked, broken, or loose pulley.

(iii) Cracked or broken mounting brackets, braces, or adapters.

(l) Electric Brakes:

(i) Absence of braking action on 20 percent or more of the braked wheels of a vehicle or combination of vehicles.

(ii) Missing or inoperable breakaway braking device.

(m) Hydraulic Brakes (Including: Power Assist Over Hydraulic and Engine Driven Booster):

(i) No pedal reserve with engine running.

(ii) Master cylinder less than 1/4 full. (This is normally to be inspected Hydraulic when readily visible or problems are apparent.)

(iii) Power assist unit fails to operate.

(iv) Seeping or swelling brake hose(s) under application of pressure.

(v) Missing or inoperable breakaway braking device.

(vi) Hydraulic hose(s) abraded (chafed) through outer cover-to-fabric layer.

(vii) Fluid lines or connections restricted, crimped, cracked, or broken.

(viii) Any visually observed leaking hydraulic fluid in the brake system upon full application.

(ix) Hydraulic System: Brake failure light/low fluid warning light on and/or inoperative.

(n) Vacuum System:

(i) Insufficient vacuum reserve to permit one full brake application after engine is shut off.

(ii) Vacuum hose(s) or line(s) restricted, abraded (chafed) through outer cover-to-cord ply, crimped, cracked, broken, or has collapse of vacuum hose(s) when vacuum is applied.

(2) Coupling Devices (When in use.):

(a) Fifth Wheels (Lower Coupler Assembly.)

(i) Mounting to frame.

(A) More than 20 percent of fasteners on either side missing or ineffective.

(B) Any movement between mounting components.

(C) Any mounting angle iron cracked or broken, any repair weld cracking, well defined (especially open) cracks in stress or load-bearing areas, cracks through 20 percent or more original welds or parent metal.

(ii) Mounting plates & pivot brackets.

(A) More than 20 percent of fasteners on either side missing or ineffective.

(B) Any welds or parent metal cracked, any repair weld cracking, well defined (especially open) cracks in stress or load-bearing areas, cracks through 20 percent or more original welds or parent metal.

(C) More than 3/8 inch horizontal movement between pivot bracket pin and bracket.

(D) Pivot bracket pin missing or not secured.

(iii) Sliders.

(A) More than 25 percent of latching fasteners, per side, ineffective.

(B) Any fore or aft stop missing or not securely attached.

(C) Movement of more than 3/8 inch between slider bracket and slider base.

(D) Any slider component cracked in parent metal or weld, any repair weld cracking, well defined (especially open) cracks in stress or load-bearing areas, cracks through 20 percent or more original welds or parent metal.

(iv) Operating handle. Operating handle not in closed or locked position.

(v) Fifth wheel plate. Cracks in fifth wheel plate, any repair weld cracking, well defined (especially open) cracks in stress or load-bearing areas, cracks through 20 percent or more original welds or parent metal. However, (1) Cracks in fifth wheel approach ramps, and (2) casting shrinkage cracks in the ribs of the body of a cast fifth wheel are acceptable.

(vi) Locking mechanism. Locking mechanism parts missing, broken, or deformed to the extent the kingpin is not securely held.

(b) Upper Coupler Assembly (Including Kingpin)

(i) Horizontal movement between the upper and lower fifth wheel halves exceeds 1/2 inch.

(ii) Kingpin can be moved by hand in any direction. This item is to be used when uncoupled semitrailers are encountered, such as at a terminal inspection, and it is impossible to check item (1) above. Kingpins in coupled vehicles are to be inspected using items (1) above and items (3) and (4) below. Vehicles are not to be uncoupled.

(iii) Kingpin not properly engaged.

(iv) Any semitrailer with a bolted upper coupler having fewer effective bolts than shown in the following table: MINIMUM TOTAL QUANTITY OF BOLTS (Total minimum quantity of bolts must be equally divided with 1/2 on each side of the coupler.) BOLT SIZE 1/2 inch, 5/8 inch or larger 14 - (7 each side) 10-(5 each side)

(v) Any welds or parent metal cracked, any repair weld cracking, well-defined (especially open) cracks in stress or load-bearing areas, cracks through 20 percent or more original welds or parent metal.

(c) Pintle Hooks: Mounting and integrity

(i) Loose mounting, missing or ineffective fasteners, or insecure latch. A fastener is not considered missing if there is an empty hole in the device but no corresponding hole in the frame and vice versa.

(ii) Cracks anywhere in the pintle hook assembly including mounting surface and frame cross member.

(iii) Any welded repairs to the pintle hook assembly.

(iv) Section reduction visible when coupled. No part of the horn should have any section reduced by more than 20 percent. If wear can be seen when the hook and eye are coupled it is probable that either this condition or that described below in "(d)(i)" exists.

(d) Drawbar Eye: Mounting and integrity.

(i) Any cracks in attachment welds or drawbar eye.

(ii) Any missing or ineffective fasteners.

(iii) Any welded repairs to the drawbar eye.

(iv) Section reduction visible when coupled. No part of the eye should have any section reduced by more than 20 percent. If wear can be seen when the hook and eye are coupled, it is probable that either this condition or that described above in either "(c) or (d)" exists.

(e) Drawbar/Tongue:

(i) Slider (power/manual).

(A) Ineffective latching mechanism.

(B) Missing or ineffective stop.

(C) Movement of more than 1/4 inch between slider and housing.

(D) Any leaking air or hydraulic cylinders, hoses, or chambers (other than slight oil weeping normal with hydraulic seals).

(ii) Integrity.

(A) Any cracks.

(B) Movement of 1/4 inch between sub frame and drawbar at point of attachment.

(f) Safety Devices:

(i) Missing.

(ii) Unattached or incapable of secure attachment.

(iii) Improper repairs to chains and hooks including welding, wire, small bolts, rope and tape.

(g) Saddle mounts (Method of Attachment):

(i) Any missing or ineffective fasteners.

(ii) Loose mountings.

(iii) Any cracks or breaks in a stress or load-bearing member.

(iv) Horizontal movement between upper & lower saddle mount halves exceeds 1/4 inch (6mm).

(h) Full Trailer (Double Ring, Ball-Bearing Turntables):

(i) Mounting top and bottom.

(A) Top flange has less than 7 effective bolts.

(B) Bottom flange has less than 7 effective bolts.

(C) Twenty percent or more of original welds (or repaired original welds), or parent metal cracked.

(ii) Wear.

(A) Upper flange half touching lower flange half.

(B) Cracked flanges. All double ring type turntables have the gap shown. Gap location, however, varies by design and may be in the top of the turntable (as depicted), in the central portion, or near the bottom. In any event a closed gap (upper bearing half touching lower bearing half) is cause for out -of-service.

(3) Exhaust System

(a) Any exhaust system leaking at a point forward of or directly below the driver/sleeper compartment and when the floor pan is in such condition as to permit entry of exhaust fumes.

(b) Any bus exhaust system leaking or discharging under the chassis more than 6 inches forward of the rear most part of the bus when powered by a gasoline engine, or more than 15 inches forward of the rear most part of the bus when powered by other than a gasoline engine.

(c) No part of the exhaust system of any motor vehicle shall be so located as to be likely to result in burning, charring, or damaging the electrical wiring, the fuel supply, or any combustible part of the motor vehicle.

(4) Frame

(a) Frame Members

(i) Any cracked, loose, sagging, or broken frame member permitting shifting of the body onto moving parts or other condition indicating an imminent collapse of the frame.

(ii) Any cracked, loose, or broken frame member adversely affecting support of functional components such as steering gear, fifth wheel, engine, transmission, body parts, and suspension.

(iii) One and one-half inches or longer crack in frame web which is directed toward bottom flange.

(iv) Any crack extending from the frame web around the radius and into the bottom flange.

(v) One inch or longer crack in bottom flange.

(b) Tire and Wheel Clearance

Any condition, including loading that causes the body or frame to be in contact with a tire or any part of the wheel assemblies, at the time of inspection.

(c) Adjustable Axle

(i) Adjustable axle assembly (sliding sub frame) with more than one-fourth of the locking pins missing or not engaged.

(ii) Locking bar not closed or not in the locked position.

(5) Fuel System.

(a) A fuel system with a visible leak at any point (including refrigeration or heater fuel systems).

(b) Fuel Systems: A fuel tank filler cap missing.

(c) A fuel tank not securely attached to the motor vehicle by reason of loose, broken, or missing mounting bolts or brackets. Some fuel tanks use spring or rubber bushings to permit movement.

(6) Headlamps, Tail Lamps, Lamps on Projecting Loads, Stop Lamps and Turn Signals.

(a) When lights are required

(i) Headlamps. The single vehicle or towing vehicle does not have at least one head lamp operative on low beam.

(ii) Lamps on Rear. Bus, truck, truck tractor, and towed vehicle (including driveaway/towaway operation) not having at least one steady burning tail lamp on the rear of the rear most vehicle visible from 500 feet.

(iii) Lamps on Projecting Loads. There is not at least one operative steady burning lamp on the rear of loads projecting more than four feet beyond the vehicle body, visible from 500 feet.

(b) At Anytime (day or night)

(i) Does not have at least one operative stop lamp on the rear of a single unit vehicle or the rear of the rear most vehicle of a combination of vehicles visible at 500 feet.

(ii) Does not have operative turn signal visible on each side of the rear of a single unit vehicle or the rear of the rear most vehicle of a combination of vehicles. (Truck tractors unless the turn signals on the front are so constructed (double faced) and located as to be visible to passing drivers, two turn signals on the rear of the cab, one at each side.)

(7) Safe Loading.

(a) Part(s) of a vehicle or condition of loading such that the spare tier or any part of the load or dunnage can fall onto the roadway.

(b) Containers relying solely on fittings and twist locks for securement to container chassis not having four such attachments per container, two per side, properly latched.

(c) When 25 percent or more of the required type and number of tie-downs are either loose or missing.

(d) When 25 percent or more of the required types and number of tie-downs are defective.

(i) Chain.

(A) Broken, cracked, twisted, bent, or stretched links.

(B) Containing nicks, gouges, abrasion, wear, or knots. In regards to repairs, links of the clevis variety, having a strength equal to or greater than the nominal chain are acceptable.

(ii) Wire Rope.

(A) Kinks, bird caging, or popped core in the working section of the wire rope.

(B) Discoloration from excessive heat or electric arc in the eye or main body of the wire rope.

(C) Corrosion with pitting of the external or internal wires.

(D) More than 11 broken wires in 6 diameters of length. For example, with 1/2 inch (13mm) wire rope, over 11 broken wires in (6x1/2) 3 inches of length (6x13=78mm).

(E) More than three broken wires in any one strand.

(F) More than two broken wires at the end connection or fitting. In regard to repairs, wire rope used in tie-down assemblies shall not be repaired or spliced. (Back splices and eye splices are acceptable.)

(iii) Cordage (fiber rope).

(A) Burned or melted fibers except on heat-sealed ends.

(B) Evidence of excessive wear in exterior or interior fibers.

(C) Any evidence of loss of strength, such as a marked reduction in diameter.

(D) Ineffective knots formed for the purpose of connecting or repairing binders.

(E) Effective diameter of the cordage reduced by 20 percent is excessive. Repairs: Cordage used in tie-down assemblies shall not be repaired. (Separate lengths of cordage properly spliced together are no considered repairs.)

(iv) Synthetic Webbing.

(A) The tie-down contains cut(s), burn(s), and/or hole(s) through the webbing which total more than that shown in the defect classification table.

(B) The tie-down contains separation of its load carrying stitch pattern(s) in excess of 1/4 of the total stitch area.

(C) The tie-down contains any fitting, tensioning device, or hardware which is broken, obviously sprung, bent, twisted, or contains visible cracks or significant nicks or gouges.

(D) The tie-down contains knotted webbing splices, repairs, or any other apparent defects (i.e., crushed areas, damaged loop ends, severe abrasion, etc.).

DEFECT CLASSIFICATION TABLE -

(Total Defect Size)

Web Size Out-of-Service Range

inch (mm) inch (mm)

4(100) Larger than 3/4(19)

3(75) Larger than 5/8(16)

2(50) Larger than 3/8(10)

1.75(45) Larger than 3/8(10)

All cuts, burns, and/or holes through the webbing are additive across the width of the strap face for its entire effective length. But only one defect is additive for any specific width. In regards to repairs, webbing used in tie-down assemblies shall not be repaired or spliced.

(e) Fittings or Attachments.

(i) Obvious reduction of section through wear or corrosion.

(ii) Obviously distorted or stretched load binders and fittings.

(iii) Hooks opened in the throat beyond the original parallel throat opening.

(iv) Obvious twisting out of the plane of the fitting.

(v) Welding or discoloration from excessive heat. However, some winches are designed to be welded to the truck bed. This is acceptable.

(vi) Any visible cracks.

(vii) Any slippage detectable at a wire rope "cable clamp". End fittings may be replaced with clevis type.

(f) Anchor Points.

(i) Broken or cracked side or pocket rails, supports, or welds.

(ii) Rails bent or distorted where hooks or fittings attach.

(iii) Floor rings nicked, gouged, worn, twisted, bent, stretched, or with broken welds. If there are no tags or markings on the tie-down, the lowest value for the same size of material shown in the charts contained in the tie-down guidelines shall apply.

(8) Steering Mechanism.

(a) Steering Wheel Free Play.

(See Chart: When any of these values--inch movement or degrees--are met or exceeded, vehicle shall be placed out-of-service.) (For power steering systems, engine must be running.)

Steering Wheel Manual System Movement 30° Power System Movement [FN*]

Diameter Or 45° Or

16"(41cm) 4-1/2"(11.5cm)(or more) 6-3/4"(17cm)(or more)

18"(46cm) 4-3/4"(12cm)(or more) 7-1/8"(18cm)(or more)

19"(48cm) 5"(13cm)(or more) 7-1/2"(19cm)(or more)

20"(51cm) 5-1/4"(13cm)(or more) 7-7/8"(20cm)(or more)

21"(53cm) 5-1/2"(14cm)(or more) 8-1/4"(21cm)(or more)

22"(56cm) 5-3/4"(15cm)(or more) 8-5/8"(22cm)(or more)

[FN*] For power systems, if steering wheel movement exceeds 45 degrees before

steering axle tires move, proceed as follows: rock steering wheel left to

right between points of power steering valve resistance. If that motion

exceeds 30 degrees (or the inch movement values shown for manual steering)

vehicle shall be placed out-of-service.

[FN*] For power systems, if steering wheel movement exceeds 45 degrees before steering axle tires move, proceed as follows: rock steering wheel left to right between points of power steering valve resistance. If that motion exceeds 30 degrees (or the inch movement values shown for manual steering) vehicle shall be placed out-of-service.

(b) Steering Column.

(i) Any absence or looseness of U-bolt(s) or positioning part(s).

(ii) Worn, faulty, or obviously repair-welded universal joint(s).

(iii) Steering wheel not properly secured.

(c) Front Axle Beam and All Steering Components Other than Steering Column. (Including Hub).

(i) Any crack(s).

(ii) Any obvious welded repair(s).

(d) Steering Gear Box.

(i) Any mounting bolt(s) loose or missing.

(ii) Any crack(s) in gear box or mounting brackets.

(iii) Any obvious welded repair(s).

(e) Pitman Arm.

(i) Any looseness of the pitman arm on the steering gear output shaft.

(ii) Any obvious welded repair(s).

(f) Power Steering.

Auxiliary power assist cylinder loose.

(g) Ball and Socket Joints.

(i) Any movement under steering load of a stud nut.

(ii) Any motion, other than rotational, between any linkage member and its attachment point of more than 1/8 inch (3mm) measured with hand pressure only.

(iii) Any obvious welded repair(s).

(h) Tie Rods and Drag Links

(i) Loose clamp(s) or clamp bolt(s) on tie rods or drag links.

(ii) Any looseness in any threaded joint.

(i) Nuts.

Loose or missing on tie rods, pitman arm, drag link, steering arm, or tie rod arm.

(j) Steering System.

Any modification or other condition that interferes with free movement of any

(k) Steering (Cdolly).

(i) Missing or inoperable.

(ii) Steering not centered in the "zero" locked position.

(9) Suspension.

(a) Axle Parts/Members.

(i) Any U-bolt(s) or other spring to axle clamp bolt(s) cracked, broken, loose, or missing.

(ii) Any spring hanger(s), or other axle positioning part(s) cracked, broken, loose, or missing resulting in shifting of an axle from its normal position. After a turn, lateral axle displacement is normal with some suspensions. Forward or rearward operation in a straight line will cause the axle to return to alignment.

(b) Spring Assembly.

(i) One-fourth or more of the leaves in any spring assembly broken.

(ii) Any leaf or portion of any leaf in any spring assembly is missing or separated.

(iii) Any broken main leaf in a leaf spring.

(A) Any leaf of a leaf spring assembly is a main leaf if it extends, at both ends, to or beyond:

(1) The load bearing surface of a spring hanger or equalizer.

(2) The spring end cap or insulator box mounted on the axle. Main Leaf Identification Guide: The number of leaves and main leaves in each spring type may differ from that shown but any mai n leaves will be in the area(s) depicted.

(3) A spring eye, further: Any leaf of a helper spring assembly is a helper main leaf if it extends, at both ends, to or beyond the load bearing surface of its contact pad, hanger, or equalizer.

(B) The radius rod leaf, in springs having such a leaf, has the same function as the torque or radius components referenced in item 9(d) "Torque, Radius, or Tracking Components" and should be treated as such a component for purposes of out-of-service.

(iv) Coil spring broken.

(v) Rubber spring missing.

(vi) One or more leaves displaced in a manner that could result in contact with a tire, rim, brake drum, or frame.

(vii) Broken torsion bar spring in torsion bar suspension.

(viii) Deflated air suspension, (i.e., system failure, leak, etc).

(c) Composite Trailer.

(i) If a crack extends beyond 3/4 the length of the spring, or if cracks, Springs regardless of length, are visible on either side, and the top or bottom of the spring.

(ii) A crack is a separation in any axis which passes completely through the spring.

(d) Torque, Radius, or Tracking Components.

Any part of a torque, radius, or tracking component assembly or any part used for attaching same to the vehicle frame or axle that is cracked, loose, broken, or missing (including spring leaves used as a radius or torque rods, missing bushings but not loose bushings in torque or track rods).

(10) Tires.

(a) Any Tire On Any Steering Axle Of a Power Unit.

(i) With less than 2/32 inch tread when measured in any two adjacent major tread grooves at any location on the tire.

(ii) When any part of the breaker strip or casing ply is showing in the tread.

(iii) When sidewall is cut, worn, or damaged to the extent the ply cord is exposed.

(iv) Labeled "Not For Highway Use" or carrying other markings which would exclude use on steering axles. Tires on implements of husbandry and special off-road equipment may be marked "Not For Highway Use" or "Farm Use Only". Out-of-Service is not applicable if used on-highway for short distances at restricted speeds.

(v) Visually observable bump, bulge, or knot apparently related to tread or sidewall separation. A bulge due to a section repair is allowed not to exceed 3/8" (1cm) in height. This bulge may sometimes be identified by a blue triangular label in the immediate vicinity.

(vi) Tire is flat or has noticeable (e.g., can be heard or felt) leak.

(vii) So mounted or inflated that it comes in contact with any part of the vehicle.

(viii) Steering Axle: Weight carried exceeds tire load limit. This includes overloaded tire resulting from low air pressure.

(b) All tires other than those found on the steering axle of a powered vehicle.

(i) Tire is flat or has noticeable (e.g., can be heard or felt) leak.

(ii) Blas Ply Tire: When more than one ply is exposed in the tread area or sidewall or when the exposed area of the top ply exceeds 2 square inches. For single tire, one tire must meet this condition. On dual wheels, both tires must meet this condition.

(iii) Radial Ply Tire: When two or more plies are exposed in the tread area or damaged cords are evident in the sidewall or when the exposed area exceeds 2 square inches (13 sq. cm) in the sidewall. For single tire, one tire must meet this condition. On dual wheels, each tire must meet this condition.

(iv) Any tire with visually observable bump or knot apparently related to tread or sidewall separation. A bulge due to a section repair is allowed not to exceed 3/8" (1cm) in height. The bulge may sometimes be identified by a blue triangular label in the immediate vicinity.

(v) So mounted or inflated that it comes in contact with any part of the vehicle. (This includes any tire contacting its mate in a dual set).

(vi) Weight carried exceeds tire load limit. This includes overloaded tire resulting from low air pressure.

(vii) So worn that less than 1/32 inch tread remains when measured in any two adjacent major tread grooves a 3 separate locations on the tire. On dual tires, both tires must have less than 1/32 inch tread.

(viii) 75 percent or more of the tread width loose or missing in excess of 12 inches (30 cm) in circumference.

(11) Van and Open-Top Trailer Bodies.

(a) Upper Rail.

(i) Broken with complete separation of the flange.

(ii) Buckled or cracked when accompanied by missing, working (movement under stress) or loose fasteners at adjacent roof bows and/or side posts.

(iii) Buckled or cracked when accompanied by broken, ineffective, or missing adjacent roof bows.

(b) Lower Rail.

(i) Broken with complete separation in the bay area accompanied by sagging floor, rail, or crossmember; or broken with loose, working (movement under stress) or missing fasteners at side posts adjacent to the crack. The lower rail of a van or open-top trailer can become gouged, chinked, or bent during operation. These are superficial damages only and do little to degrade the rail's strength or integrity.

(ii) Drop frame trailers showing twists, bends, or fatigue cracking at the drop frame's elevation changes.

(c) Floor Crossmembers.

(i) Three or more adjacent broken, and/or completely detached from and sagging below the lower rail in the bay area.

(ii) Broken floor accompanied by protruding freight and sagging crossmembers.

(d) Side Panels on Fiberglass Reinforced Plywood (frp) Trailers.

(i) Damage in the bay area that penetrates completely through the fiberglass and plywood resulting in a sagging lower rail.

(ii) Special Requirements: These requirements apply to every portion of paragraphs (a) through (d) of this section.

(A) These conditions are only considered out-of service if the failure is in the bay area (aft of the kingpin coupler plate and forward of the axle sub frame rails).

(B) Trailers 30 feet or less in length have a short bay area and are not as susceptible to catastrophic failures, therefore, only rail breaks accompanied by a sagging floor, rail, or cross-member are out-of-service for them.

(C) Rail, post, bow, crossmember, and side/front panel damage in areas outside the bay area are not imminently hazardous and should not be considered out-of-service unless they lead to conditions described in other sections of the out-of-service criteria (i.e., "10 (a) (7) Tires.").

(12) Wheels and Rims

(a) Lock or Side Ring. Bent, broken, cracked, improperly seated, sprung, or mismatched ring(s).

(b) Rim Cracks. Any circumferential crack except an intentional manufactured crack at a valve stem hole.

(i) Any single crack 3" or more in length.

(ii) A crack extending between any two holes including hand holes, stud holes, and center hole.

(iii) Two or more cracks any place on the wheel.

(c) Disc Wheel Cracks:

(i) Any single crack 3" or more in length.

(ii) A crack extending between any two holes including hand holes, stud holes and center hole.

(iii) Two or more cracks any place on the wheel.

(d) Stud holes (disc wheels). 50 percent or more elongated stud holes (fasteners tight).

(e) Spoke Wheel Cracks:

(i) Two or more cracks more than 1 inch long across a spoke or hub section.

(ii) Two or more web areas with cracks.

(f) Tubeless Demountable Adapter Cracks. Cracks at three or more spokes.

(g) Fasteners. Loose, missing, broken, cracked, or stripped (both spoke and disc wheels) ineffective as follows: for 10 fastener positions 3 anywhere, 2 adjacent; for 8 fastener positions or less (including spoke wheels and hub bolts) - 2 anywhere. (49 CFR 393.205(c))

(h) Welds.

(i) Any cracks in welds attaching disc wheel disc to rim.

(ii) Any crack in welds attaching tubeless demountable rim to adapter.

(iii) Any welded repair on aluminum wheel(s) on a steering axle.

(iv) Any welded repair other than disc to rim attachment on steel disc wheel(s) mounted on the steering axle .

(13) Windshield Wipers.

Any power unit that has an inoperative wiper or missing or damaged parts that render it ineffective on the driver's side. (Applicable only in inclement weather requiring use of windshield wipers.)

SUBARTICLE 2.

GENERAL

38-400. Authorization of Rules.

1. These rules and regulations are promulgated pursuant to the authority vested in the Department 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, effective July 1, 1976. All previous rules, regulations, and standards are hereby revoked, annulled and superseded.

2. The adoption of these rules shall in no way preclude the Department from altering, amending, or revoking them in whole or in part, or from requiring any other or additional service, equipment, facility or standard, either upon complaint or its own motion, or upon the application of any motor carrier. Moreover, these rules shall not relieve in any way either the Department or the motor carriers of any duties under the laws of this State.

3. These rules and regulations are consistent with Section 601, Pre-emption of Intrastate Transportation of Property, of the Federal Aviation Administration Authorization Act of 1994, enacted on August 23, 1994.

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 Carolina except where specifically exempt by statute.

2. Waiver of Rules. These rules are subject to such exceptions as may be considered just and reasonable by the Director, or his designee, in individual cases when strict compliance with any rule or rules produces unusual difficulty and is not in the public interest. They are considered supplementary to the statutes contained in Chapter 23 of Title 58 of the Code of Laws of South Carolina, 1976.

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 Public Safety and the insurance requirements of this Department.

2. Certificated Carrier. "Certificated carriers" means a motor carrier operating under a Certificate of Compliance.

3. Corporation. "Corporation" means a corporation, company, association or joint stock association.

4. Department. "Department" means the South Carolina Department of Public Safety whose address is 5400 Broad River Road, Columbia, South Carolina 29210.

5. FHWA: FHWA means the Federal Highway Administration.

6. Interstate Commerce. "Interstate Commerce" means commerce between any place in a state and any place in another state or between places in the same state through another state.

7. Intrastate Commerce. "Intrastate Commerce" means commerce between points and over a route or within a territory wholly within this State, which commerce is not a part of a prior or subsequent movement to or from points outside of this State in interstate or foreign commerce, and includes all transportation within this State for compensation which has been exempted by Congress from federal regulation in interstate or foreign commerce.

8. Motor Carrier. "Motor Carrier" means both a common carrier by motor vehicle and a contract carrier by motor vehicle.

9. Motor Vehicle. "Motor Vehicle" means any vehicle, machine, tractor, semi-trailer, or any combination thereof, which is propelled or drawn by mechanical power and used upon the highways of this State.

10. Person. "Person" means any individual, firm, partnership, corporation, company, association or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof.

11. Public Highway. "Public Highway" means every improved public highway in this State which is or may hereafter be declared to be a part of the state highway system or any county highway system or a street of any city or town.

12. State. "State" means the State of South Carolina.

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.

SUBARTICLE 3.

CLASSIFICATION OF MOTOR CARRIERS

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.

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 determined by the Department and do not require cargo insurance. A Class E-L motor carrier will be issued a Certificate of Compliance.

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.

SUBARTICLE 4.

EXEMPTIONS FROM REGULATION

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 engaged in hauling perishable products of a farm, including hay and straw, or dairy products for hire from the farm to the first market when sold in South Carolina;

3. Persons transporting agricultural livestock and poultry feeds, including ingredients;

4. Lumber haulers engaged in transporting lumber and logs from the forest to the shipping points in this State;

5. Haulers engaged in transporting chips or wood residues;

6. Any vehicle engaged in the business of hauling, towing, or transporting wrecked or damaged vehicles or vehicles used in ride-sharing; or

7. Single-source lessors of vehicles and drivers who lease the motor vehicles and drivers to uncertificated motor vehicle carriers that conduct transportation of property (other than used household goods) in furtherance of and within the scope of their nontransportation primary enterprises, when the period of the lease is for thirty days or more, the lessee maintains insurance coverage for the protection of the public, a copy of the lease is carried in the motor vehicle during the period of the lease, and there is displayed on both sides of the motor vehicle a placard identifying the lessee.

8. Used by a county to transport property. Additionally, the Department does not have jurisdiction over any class of for hire operations which has been or hereafter may be specifically exempted in the Code of Laws of South Carolina, or is required by the Public Service Commission to have a Certificate of Public Convenience and Necessity.

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 in the business of performing transportation services or of performing such service as an incident to another primary business, the carriage will be deemed to be for hire carriage, and as such, is therefore not exempt under the Motor Vehicle Carrier Law.

SUBARTICLE 5.

APPLICATION PROCEDURES FOR CERTIFICATES

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 information on the application forms must be correctly completed before filing of such application will be accepted.

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.

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 both sides of such vehicle in letters and figures not less than three (3) inches high.

SAMPLE: Richard Skinner Trucking Company Mytown, South Carolina

2. Legible Placards or Printing May Be Used. The marking required may be printed on the vehicle or on legible placards securely fastened on both sides of the vehicle. In case of tractor-trailer unit, the markings must appear on the tractor. Every vehicle used by a carrier in his operation whether owned, rented, leased or otherwise obtained must be marked or identified as provided herein.

3. Marked as Required by the FHWA. If the carrier is engaged in both interstate and intrastate commerce and is marked as required by the FHWA, then the carrier will be deemed to be in full compliance with this Department's requirements.

SUBARTICLE 6.

INSURANCE POLICIES AND SURETY BONDS

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 amounts hereinafter prescribed, which policy or bond shall be conditioned to pay any final judgment recovered against such motor carrier for bodily injuries to, or death of, any person and/or for loss of, or damage to, property of others resulting from the negligent operation, maintenance, or use of motor vehicles in transportation subject to Title 58 of the South Carolina Code of Laws, and/or other applicable State and Federal motor carrier laws, regardless of whether the policy or bond specifically describes such motor vehicle or not. Upon failure of the insurance or bonding company to pay any such final judgment recovered against the insured, the judgment creditor may maintain an action in any court of competent jurisdiction against the insurance or bonding company to compel such payment. The bankruptcy or insolvency of the insured shall not relieve the insurance or bonding company of any of its obligations hereunder. The liability of the insurance or bonding company shall extend to such losses, damages, injuries, or deaths whether occurring on the route or in the territory authorized to be served by the insured or elsewhere within the boundaries of South Carolina. The liability of the insurance or bonding company on each motor vehicle whether such vehicle is specifically described in the policy or bond or not shall be a continuing one notwithstanding any recovery thereunder. Furthermore, nothing contained in the policy or bond or any endorsement attached thereto, nor the violation of any of the provisions of the policy or bond or of any endorsement attached thereto, shall relieve the insurance or bonding company from liability under the policy or bond or from the payment of any final judgment recovered against the insured.

2. Notwithstanding the language in Regulations 38-412(1), 38-432 and 38-441, the Department shall accept evidence of an insurance policy, surety bond, or other insurance, including self insurance, or any other evidence that the public is protected from bodily injury or property damage, which has been filed with and accepted by the FHWA. The provisions of this regulation shall apply only in the case where the carrier is operating on an interstate basis only and/or holds a Certificate of Compliance from the Department.

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 Liability Certificate of Insurance." (See Form E in 38-447 Appendix). The policy or a copy thereof will not be accepted for filing in lieu of Form E.

2. Form F must be attached to the Policy. The "Uniform Motor Carrier Bodily Injury and Property Damage Liability Insurance Endorsement," Form F (See Form F in 38-447 Appendix), must be attached to the bodily injury and property damage insurance policy itself. Form F thereby amends the terms of such policy to conform the policy with requirements not less than those expressed in 38-414 and with other applicable provisions of these rules.

3. Evidence of Surety Bond Filed on Form G. Filing evidence of bodily injury and property damage surety bond will be made on Form G, "Uniform Motor Carrier Bodily Injury and Property Damage Liability Surety Bond" (See Form G in 38-447 Appendix), which insures compliance with limits not less than those in 38-414 and with other applicable provisions of these rules.

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 LIABILITY LIMITS

EQUIPMENT & CAPACITY

FREIGHT (All motor vehicles used in the transportation of property.)

1. 10,000 OR MORE POUNDS GVWR.

a. NON-HAZARDOUS $ 750,000 per incident

b. HAZARDOUS $5,000,000 per incident

(Hazardous substances, as defined in 49 CFR 171.8; Class A or B explosives;

liquefied compressed gas or compressed gas; or highway route controlled

radioactive materials as defined in 49 CFR 171.455.)

c. HAZARDOUS $1,000,000 per incident

(Oil listed in 49 CFR 171.101; hazardous waste, hazardous materials and

hazardous substances defined in 49 CFR 171.101 but not mentioned in 1.(b)

or 2.(b).)

2. LESS THAN 10,000 POUNDS GVWR.

a. NON-HAZARDOUS $ 300,000 per incident

b. HAZARDOUS $5,000,000 per incident

(Any quantity of Class A or B explosives; or highway route controlled

quantity radioactive materials as defined in 49 CFR 173.455.)

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 cargo insurance policy or cargo surety bond and file with the Department evidence of such insurance or bond on forms prescribed by the Department, such policy or bond being conditioned upon such carrier making compensation to shippers or consignees for loss of or damage to all property belonging to shippers or consignees which comes into the possession of such carrier in connection with its transportation service within South Carolina, regardless of whether the policy or bond specifically describes the motor vehicle or not. Within the limits of liability herein after set forth, it is further required that no condition, provision, stipulation, or limitation contained in the policy or bond or in any endorsement thereon or violation thereof, shall affect in any way the right of any shipper or consignee, or relieve the insurance or bonding company from liability for the payment of any claim for which the insured may be held legally liable to compensate shippers or consignees, irrespective of the financial responsibility or lack thereof or insolvency or bankruptcy of the insured. Moreover, the liability of the insurance or bonding company extends to such losses or damages whether occurring on the route or in the territory authorized to be served by the insured or elsewhere in South Carolina. Furthermore, the liability of the insurance or bonding company for the following minimum limits shall be a continuing one notwithstanding any recovery hereunder:

1. For loss of or damage to property carried on any one motor

vehicle..................................................... $2,500.00

2. For loss of or damage to or aggregate of losses or damages

of or to property occurring at any one time and place....... $5,000.00

2. Carriers of Extremely Low Valued Commodities Excepted. Motor carriers who possess authority to haul only commodities of extremely low value are not required to comply with the provisions of this rule. For the purposes of this rule the following commodities are deemed to be of extremely low value: sand, gravel, dirt, fill dirt, rocks, hot and cold mix asphalt, manure, wood chips, coal, garbage, debris, charcoal, borrow, coquina shells, and scrap metal, and any other commodities as determined by the Department.

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 will not be accepted for filing in lieu of Form H.

2. Form I Must Be Attached to Cargo Policy. The "Uniform Motor Carrier Cargo Insurance Endorsement," Form I (See Form I in 38-447 Appendix), must be attached to the cargo insurance policy itself. Form I thereby amends the terms of such policy to conform with requirements not less than those expressed in 38-415 and with other applicable provisions of these rules.

3. Evidence of Surety Bond Filed on Form J. Evidence of cargo surety bond will be filed on Form J, "Uniform Motor Carrier Cargo Surety Bond" (See Form J in 38-447 Appendix), which insures compliance with the terms of 38-415 and with other applicable provisions of these rules.

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 issued to the motor carrier.

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 Department not less than thirty (30) days notice. The thirty (30) days will begin to run once the notice is received in the Department's offices. However, new filings on behalf of a carrier by a different insurance company will nullify any filings by a previous insurance company and will not require a thirty day notice filing by the previous insurance company.

2. Form K or Form L Used to Give Notice of Cancellation. Notification of cancellation will be made on forms prescribed by the Department. Form K, "Uniform Notice of Cancellation of Motor Carrier Insurance Policies" (See Form K in 38-447 Appendix), will be used to notify the Department of cancellation of an insurance policy, and Form L, "Uniform Notice of Cancellation of Motor Carrier Surety Bonds" (See Form L in 38-447 Appendix), will be used to notify the Department of cancellation of a surety bond.

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.

38-420. Number of Copies Required.

Certificates of insurance, notices of cancellation, and surety bonds must be filed with the Department in triplicate.

38-421. Coverage to Be Continuous.

Surety bonds and certificates of insurance shall specify that coverage thereunder will remain in effect continuously until terminated.

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.

SUBARTICLE 7.

MOTOR CARRIER SAFETY REGULATIONS

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 improved public highway in this State, whether or not for compensation as defined by Section 58-23-30, and includes but is not limited to, motor vehicle carriers as defined in Section 58-23-10 and private carriers.

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 by the United States Department of Transportation relating to hazardous materials (49 CFR Parts 171-180 and amendments thereto) shall apply to all motor carrier vehicles engaged in interstate commerce and intrastate commerce over the highways within the State of South Carolina, whether common carriers, contract carriers, exempt carriers, or private carriers, except where these aforementioned rules and regulations may conflict with South Carolina Law, provided that any rule or regulation which fixes the minimum age of vehicle drivers at 21 years is hereby changed insofar as South Carolina intrastate carriers are concerned to establish a minimum age of 18 years for vehicle drivers.

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 171.180.500 must be maintained as well. Copies of these regulations may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D. C. 20402.

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 any Certificate of Compliance issued to such Motor Carrier.

The Department has authority to place violators out of service in the interest of Public Safety pursuant to 38-424.

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 examine and copy the books, records, accounts, bills of lading, load sheets, manifests, correspondence, and other records of such motor carrier relating to the transportation of property or passengers and to examine the vehicles, loads thereon, terminals, buildings, and other equipment and facilities used by such motor carrier in such transportation business; and all such motor carriers shall instruct their drivers, agents, and employees in charge of such records, equipment and facilities to cooperate in the event of such examination as necessary to insure compliance with R.38-424.

SUBARTICLE 8.

SINGLE STATE, REGISTRATION SYSTEM FOR INTERSTATE MOTOR CARRIERS OPERATING FOR HIRE

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 records and source documents supporting fee payments.

3. Cancellation of Registration. The word "cancellation of registration" means the annulment of a registration by the registrant.

4. Department. The word "Department" means the Department of Public Safety.

5. FHWA. "FHWA" means the Federal Highway Administration.

6. Driveaway Operation. The words "driveaway operation" means an operation in which any vehicle or vehicles, operated singly or in lawful combinations, new or used, not owned by the transporting motor carrier, constitute the commodity being transported.

7. Eligible State. The words "eligible State" means each jurisdiction, that as of January 1, 1991, charged or collected a fee for a vehicle identification stamp or number in accordance with Part 1023, Title 49, Code of Federal Regulations.

8. Jurisdiction. The word "jurisdiction" means a State of the United States, the District of Columbia, a Province or Territory of Canada or the Republic of Mexico.

9. Motor Carrier and Carrier. The words "motor carrier and carrier" means a person authorized to engage in the transportation of passengers or property, as a common or contract carrier, in interstate or foreign commerce, under the provisions of 49 U.S.C. 10922, 10923, or 10928.

10. Motor Vehicle. The words "motor vehicle" means a self-propelled or motor-driven vehicle operated by a motor carrier in interstate or foreign commerce under authority issued by the Department.

11. Person. The word "person" means an individual, corporation, partnership, association, trust or other legal entity.

12. Principal Place of Business. The words "principal place of Business" means a single location that serves as the motor carrier's headquarters and where it maintains or can make available its operational records.

13. Proof of Insurance. The words "proof of insurance" means evidence that the motor carrier is insured to the extent required by federal law which has been filed and approved in the registration state in compliance with these procedures using valid prescribed forms.

14. Registration State. The words "registration state" means the jurisdiction where the registrant maintains its principal place of business. If the applicant's principal place of business is located in a jurisdiction that is not a participating state, the applicant shall apply for registration in the State in which the applicant will operate the largest number of motor vehicles during the next registration year. If the motor carrier will operate the largest number of vehicles in more than one state, the applicant or registrant shall choose which participating state will be the carrier's registration state. Once the registration state jurisdiction is determined, this designation shall be effective until the registrant changes its principal place of business.

15. Reinstatement. The word "reinstatement" means to restore the privileges granted to the registrant by the registration state.

16. Registration Period. The words "registration period" means a period of time from August 1 through November 30 of the year preceding the registration year.

17. Registration Receipt. The words "registration receipt" means a receipt issued to the motor carrier that indicates that the required proof of insurance has been filed and fees have been paid. A copy of this receipt must be maintained in the cab of each motor vehicle for inspection.

18. Registration Year. The words "registration year" means a period of time from January 1 through December 31.

19. Registrant. The word "registrant" means a person who holds a valid registration issued by a registration state.

20. Revocation. The word "revocation" means withdrawal of registration and privileges by a registration state.

21. State. The word "state" means a state of the United States or the District of Columbia.

22. Suspension. The word "suspension" means temporary removal of privileges granted to the registrant by a registration state.

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 intentions and give written notice to all other participating states by the 1st day of July of the year preceding the registration year in which it will either begin or cease participation.

a. When an eligible state has notified other participating states that it desires to participate, the participating states will notify all motor carriers whose principal place of business is located in that state of the intention of the eligible state to register motor carriers. The motor carrier may then select the new participating state as its registration state if its principal place of business is located in that state. The motor carrier will notify the prior registration state as required in Section IV.

b. When a participating state ceases its participation in this program and notifies all parties, the motor carrier shall select its new registration state and notify that state in accordance with Section IV.

2. Implementation of SSRS.

a. The single state registration system's regulations and procedures shall govern the registration and identification of motor carriers operating in interstate or foreign commerce under a certificate or permit issued by the Department.

b. Registration states shall comply with the standards set forth herein. Registration in the registration state shall be deemed to satisfy the registration requirements of all participating states.

c. All motor carriers authorized to engage in interstate transportation of passengers or property as a common or contract carrier by the FHWA shall register in the motor carrier's registration state for all states of travel. Registration states will not exempt any motor carrier holding FHWA authority to transport property or passengers from registration under these procedures.

d. All vehicles operated under an FHWA authorized motor carrier's interstate operations (whether owned or leased) shall be registered in the motor carrier's name in accordance with these procedures.

e. Motor carriers receiving emergency temporary authority (ETA) or temporary authority (TA) from the Department for a duration of 120 days or less are required to comply with the all requirements of these procedures except the filing of evidence of authority granted by the Department. After 120 days, the motor carrier must be in compliance with all of the procedures established herein or subject the registration to revocation as set forth in Section X.

f. The motor carrier must register with its registration state before it commences operating. Forms required by federal regulations and prescribed by these procedures shall not be altered by the registration state except to indicate the proper registration state for mailing purposes. The forms attached to these procedures must be completed by the registrant or prepared by the registration state in the manner described herein.

g. The registration year will be a calendar year.

h. Fees collected under this system will not be prorated for partial year operations.

i. Any changes to the authority granted by the FHWA after the initial registration in the registration state will be filed with the registration state. The registration state may waive the filing of any authority granted by the FHWA if that grant of authority certificate or permit is longer than 20 pages in length. When the waiver is granted in writing, the motor carrier shall provide a copy of the portion of the Department order which shows the service date and order section and shall prepare and file a synopsis of the authority granted within the body of the order.

j. A registrant may request in writing that its registration be cancelled. The registration state will immediately cancel such registration and give written notice of cancellation to the registrant. The notice of cancellation will show the effective date of cancellation and shall be mailed to the registrant requesting such cancellation. Each registration state shall transmit information concerning the motor carrier's full name, business address, MC number and DOT number for each carrier requesting cancellation of registration to all affected jurisdictions participating in the program when the next monthly fee accounting transmittal is required to be submitted to each registration state. No fees shall be refunded.

3. Change of Registrant's Principal Place of Business.

a. A motor carrier may not change its registration state unless it changes its principal place of business or its registration state or commences participation in the program.

b. For the purpose of this program, the carrier's principal place of business for registration selection will be the business address the motor carrier indicated on the order issued by the Department or as otherwise noticed to the Department pursuant to an address change.

c. When a registrant changes its principal place of business to another state participating in this program before the annual registration period of August 1 to November 30, the registrant may move its registration to the new registration state at the next registration period or retain registration in the current registration state for no more than one additional year.

d. When a registrant changes its principal place of business to another participating state, the registrant shall notify the new registration state and the current registration state within 30 days after it has made its selection.

e. When the registrant changes its principal place of business and selects a new registration state, the motor carrier shall refile in the new registration state the application, a copy of its interstate operating authority, and a copy of the designation of agent(s) for service of process. Proof of insurance must be filed in the new registration state showing the change of business address of the registrant.

f. When the registrant changes its principal place of business to a state that is not eligible to participate in this program, the registrant shall retain the current registration state designation for registration purposes and file notice of business address change along with a new insurance filing in its registration state.

g. If a registrant changes its principal place of business during a registration period and that principal place of business change affects its reciprocity status to now afford it reciprocity from payment of fees, the registrant shall not be allowed any credit or refund of prior fees paid for that registration period. The new principal place of business shall be used by the current registration state for determination of proper payment of future fees or waiving of those fees for any additional states of travel or additional equipment added.

h. The motor carrier must give notice of its change in registration state to its insurer as soon as practicable.

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 registration state only.

b. The application form must be completed in its entirety and signed by an authorized member of the company or its agent, otherwise the registration shall be considered incomplete.

c. The application must contain the full name of the motor carrier. This includes all owner name(s) and any d/b/a (doing business as). This name will be verified with the name shown on the FHWA certificate or permit submitted with the application. If the name on the application differs from the most recent FHWA certificate or permit, the registration will be considered incomplete until the applicant provides a copy of the re-entitlement from the FHWA showing the change of name or amends the application form by providing written notice to the registration state.

d. The business city and business state address on the application will be verified with the FHWA certificate or permit submitted with the application. If the business city and state are not the same, the registration will be considered incomplete until the applicant provides a copy of the request to the FHWA for change of address or amends the application form by providing written notice to the registration state.

e. The business street must be a physical address. The use of a post office box is not acceptable. If the motor carrier lives in a rural area and does not have a physical street address, a rural route with a box number will be accepted.

f. A mailing address may be given for mailing purposes only. A mailing address shall not be used to determine reciprocity.

g. The registrant will indicate the type of registration being filed. A motor carrier receiving FHWA authority for the first time will be "New Carrier Registration". If the motor carrier has previously registered in any of the eligible states for transporting commodities authorized by the FHWA using the old registration system (Public Law 89-170) or using the new Single State Registration System, the application form would indicate an "Annual Registration".

h. If the motor carrier has changed its registration state since its last application filing, the motor carrier must identify the prior registration state.

i. The registrant shall indicate the type of motor carrier whether a sole proprietor, partnership or corporation. This information should not contradict the name of the motor carrier as indicated on the top of the registration form. For example, if the applicant's name is a sole owner and the motor carrier indicates a partnership or corporation operation, the registration will be considered incomplete and the registration state will contact the applicant (and possibly the FHWA) for clarification. If the motor carrier has changed its name or transferred its operating rights without notification to the FHWA, the application will be considered incomplete until a transfer order or reentitlement is issued by the FHWA and filed in the registration state. If the FHWA certificate or permit is correct and the application form is incorrect, the motor carrier will notify the registration state in writing to amend its application form or correct a returned application.

j. The applicant must indicate the type of authority issued by the FHWA. This information will be verified from the FHWA certificate or permit issued to the motor carrier except for registration of emergency temporary authority or temporary authority.

k. The applicant shall file with the application for a new carrier registration or for the first year of this program in the registration state only, a full copy of its interstate certificate(s) of authority or permit(s) issued by the Department. If the FHWA authority is not submitted with the application, the registration will be considered incomplete. The registration state may waive the filing of copies of any authority granted by the FHWA if that grant of authority is longer than 20 pages in length. When the waiver is granted in writing by the registration state, the motor carrier shall provide a copy of the portion of the Department order which shows the service date and order section and shall prepare and file a synopsis of the authority granted within the body of the order. The registration state is not required to review the FHWA certificates or permits for states of travel for which fees are being paid under these procedures.

l. If new operating authority is granted to the registrant during the registration period, the registrant changes its name and/or address, or receives any order or reentitlement by the Department during the registration year, a copy must be filed with the registration state as soon as it is issued. The registrant shall not wait until the next annual registration period to file copies of additional grants with the registration state.

m. The requirement for filing a copy of the applicant's interstate certificate or permit is waived if the registrant holds emergency temporary authority (ETA) or temporary authority (TA) from the Department for 120 days or less. A carrier holding ETA or TA authority from the Department shall comply with all other requirements in these procedures before it commences operation in any state.

n. If the applicant has not filed additional information during the registration period as required above, the applicant will attach to its annual registration application copies of additional authority grants, re-entitlements, transfer orders, letters of change of name or address mailed to the FHWA by the motor carrier or grants of self-insurance orders issued by the FHWA and not previously filed in the registration state. The registration state may waive the filing of copies of any authority granted by the FHWA if that grant of authority is longer than 20 pages in length. When the waiver is granted in writing, the motor carrier shall provide a copy of the portion of the Department order which shows the service date and order section and shall prepare and file a synopsis of the authority granted within the body of the order.

o. The applicant shall indicate on the application that proof of insurance is being filed or has been filed and remains effective. If proof of insurance is not on file when the application is received in the registration state, the registration will be deemed to be incomplete.

p. The applicant shall indicate on the registration form the status of self-insurance approval by the FHWA. The applicant will file a copy of the order of the Department approving a public liability self-insurance or other public liability security or agreement under the provisions of Part 1043. If the applicant indicates that the FHWA has approved self-insurance coverage and a copy of the FHWA order has not been included with the application, the registration will be deemed to be incomplete.

q. The applicant shall indicate if it will be transporting hazardous commodities in interstate commerce. If this section is not completed, the registration will be deemed to be incomplete until the applicant verifies whether hazardous materials will be transported. This section of the application will be verified with the insurance form on file with the registration state. If the motor carrier desires to transport hazardous materials and the proper levels of insurance are not on file, the registration will be deemed to be incomplete until the motor carrier indicates in writing that hazardous materials will not be transported or until a new insurance filing has been received in the registration state for the proper level of coverage.

r. A copy of the designation of agent(s) for service of process shall be submitted with the initial registration form to the registration state using the FHWA Form BOC-3. The motor carrier shall supplement any changes of designation of local process agent with the registration state to ensure that current information is on file. If the BOC-3 form is not attached to the "New Carrier Registration", the registration will be deemed to be incomplete until this form is received in the registration state. If the motor carrier fails to keep the designation of local process agent information current in the registration state, the registration shall be subject to suspension (See Section 38-433).

s. The registration application will be deemed to be incomplete, if the registration form has not been signed with an original signature.

t. When an application is deemed to be incomplete, the registration state may hold the application and all attachments until the application is complete or the registration state may return the application and attachments dependent on each registration state's fiscal requirements and/or procedures.

u. If equipment or states of travel is to be added after the annual registration process, the motor carrier will be required only to complete a Supplemental Form RS-2 and attach the proper fees. The motor carrier may update any information on file with the registration state by attaching the information to the RS-2 form. If no updates are attached, the motor carrier's signature on the RS-2 form will certify that all information filed with the registration state is current.

2. Designation of Process Agent.

a. Designation of process agent shall be filed by the motor carrier in the registration state for each state of travel. Designations shall be made using the BOC-3 form as required by the Department under 49 CFR Part 1044. The motor carrier shall supplement this filing as necessary to ensure that current information is on file in the registration state. Failure to maintain current information shall subject the registration to suspension.

b. An association or corporation may file a list of process agents for each State by making a blanket designation on the BOC-3 form in compliance with 4 CFR 1044.5.

c. A designation may be cancelled or changed only by a new designation except when a motor carrier ceases to operate its authority and a designation is no longer required and may be cancelled without making another designation.

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 holding authority granted by the Department with respect to insurance under these procedures other than in the registration state. These procedures do not preclude any state from requiring any other proof of insurance for other authority not covered by this program that may be granted or required to be registered in a state.

2. Proof of public liability or surety bond must be filed for an insurance company that is authorized to do business in any state and is eligible as an excess or surplus lines insurer in any state in which business is written. States will be able to obtain sufficient information from the Department to verify eligible insurance companies.

3. Insurance Forms Required to be used when applicable for the Single State Registration System are as follows:

a. Form BMC 91- Uniform Motor Carrier Bodily Injury and Property Damage Certificate of Insurance.

b. Form BMC 91X - Motor Carrier Automobile Bodily Injury Liability and Property Damage Liability.

c. Form BMC 91MX - Motor Carrier Surety Bonds.

d. Form BMC or MCS 90 - Endorsement for Motor Carrier Policies of Insurance for Public Liability (to be attached to the motor carrier's policy).

e. Form MCS 82 - Motor Carrier Public Liability Surety Bond.

f. Form BMC 35 - Notice of Cancellation Motor Carrier Policies of Insurance.

g. Form BMC 36 - Notice of Cancellation Motor Carrier Surety Bonds.

4. The level of insurance coverage required is the same as required by 49 C.F.R. 1043.2. These limits are as follows:

a. FREIGHT VEHICLES OF GVWR OF 10,000 POUNDS OR MORE:

(1) Property (nonhazardous): $ 750,000

(2) Property (hazardous): $5,000,000

Hazardous substances, as defined in 49 CFR 171.8, transported in cargo

tanks, portable tanks or hopper-type vehicles with capacities in

excess of 3500 water gallons, or in bulk Class A or B explosives,

poison gas (Poison A), liquefied compressed gas or compressed gas,

or highway route controlled quantity radioactive materials as

defined in 49 CFR 173.455.

(3) Property (hazardous): $1,000,000

Oil listed in 49 CFR 172.101; hazardous waste, hazardous materials and

hazardous substances defined in 49 CFR 171.8.

b. FREIGHT VEHICLES OF GVWR LESS THAN 10,000 POUNDS:

(1) Property (not specified in 2.(b)): $ 300,000

(2) Property (hazardous): $5,000,000

Any quantity of Class A or B explosives; any quantity of poison gas

(Poison A); or highway route controlled quantity radioactive

materials as defined in 49 CFR 173.455.

c. PASSENGER CARRIERS:

(1) Seating capacity of 16 or more: $5,000,000

(2) Seating capacity of 15 or less: $1,500,000

Note: Exceptions to these requirements are not included herein.

5. The insurance company may file proof of insurance with the registration state or the motor carrier may file a copy of the insurance form filed and certified by the FHWA. The registration state will not accept a "copy" of the insurance form when it is filed by the motor carrier and is not an FHWA certified copy. The first year filing of proof of insurance under this program where the motor carrier is renewing its registration, the insurance company will print a new copy of the FHWA form or mail a "copy" of the form that was stamped filed and returned by the FHWA. Since the FHWA does not require changes in the policy number to trigger a new form filing, the policy numbers on the forms printed for the states may not be identical to the current form on file with the FHWA. All other information on that form must be in compliance with the requirements set forth herein.

6. When the insurance company prepares the proper insurance form to be filed with the FHWA for a new carrier, the third copy will be separated from the three part FHWA form and the third copy will be mailed to the motor carrier's registration state. The insurance company may annotate this three part form to indicate the proper registration state.

7. The registration state shall require all motor carriers to show a minimum level of coverage of $750,000 unless the motor carrier indicates in writing that all equipment operated has a gross vehicle weight rating of 10,000 pounds or less.

8. If an insurance company files duplicate copies of proof of insurance in the registration state, the registration state may stamp the second copy received and return the second copy to the insurance company. If duplicate copies are not received, the registration state is not required to acknowledge receipt of proof of insurance.

9. When proof of insurance is provided by more than one insurer, a BMC 91X (Certificate of Insurance) or BMC 91MX (Surety Bond) is required of each insurer.

10. The information pertaining to the identification of the registrant on the proof of insurance filed in the registration state shall be verified by the registration state. The registrant's full name including all owner names and any fictitious name or d/b/a and business address must be identical to the applicant name and business address on the uniform application form and the most recent order of the Department. Proof of insurance shall be issued in the full and correct name of the individual, partnership, corporation or other person to whom the certificate or permit is issued. If these items are not in agreement, a "New Carrier Registration" will be deemed to be incomplete and may be held or returned (dependent on each state's procedures) until the motor carrier amends the registration form in writing, the registration state receives a copy of a re-entitlement, transfer order issued by the FHWA, notification of name and/or address change by the motor carrier to the FHWA (copy of letter sent to the FHWA), or new proof of insurance is filed in the registration state.

11. If the registrants full name (including d/b/a) and/or business address on the proof of insurance filed in the registration state for a replacement filing does not agree with the registration form, the motor carrier will be notified in writing that the insurance form differs from the registration information and the proof of insurance will not be accepted. The motor carrier will be asked to correct the name and/or business address on the uniform registration application in writing to the registration state or correct the proof of insurance filed. If insurance lapses because a proof of insurance has not been filed in the registration state with the correct name and/or business address, the motor carrier's registration will be suspended until proper proof of insurance is filed.

12. When a BMC 91 or 91X is received in the registration state and the name and business address are correct, the effective date as indicated on the form stating the date insurance is in effect is the effective date to be used by the registration state.

13. Each registration state shall receive notification of cancellation caused to be filed by the motor carrier of the registrant's bodily injury and property damage liability insurance (receipt of Form BMC 35 or 36) when similar notice is provided to the Department. The effective date of the cancellation notice shall be computed as 30 days from the date notice is filed with the Department. The registration state should verify this effective date with the information received from the Department (this information should be available via the states bulletin board or other computer access designed for dissemination of information for this program) as to any change in the effective date of cancellation.

14. Certificates of insurance or surety bonds shall be replaced and terminated by more recent certificates of insurance or surety bonds. The liability of the retiring insurer shall be terminated as of the effective date of the replacement certificate of insurance or surety bond provided the replacement is filed in accordance with these procedures.

15. A new BMC 91 will terminate and replace any prior BMC 91. When a new BMC 91X is filed, this filing will only terminate and replace another filing when the limits indicated on the new filing are equal to or greater than the limits on the old filing. A filing received for primary coverage can only terminate and replace another filing for primary coverage. Excess coverage can only terminate and replace excess coverage.

16. If a cancellation notice is received prior to a new filing, this cancellation notice shall terminate the liability with 30-day notice to the Department. A new filing received after receipt of a cancellation notice does not relieve the 30-day liability of the cancellation notice.

17. An interstate motor carrier that has received approval to be self-insured with the Department shall file with the registration state a copy of the FHWA order approving the self-insurance plan. A copy of the FHWA order does not indicate that the motor carrier has fully complied with all requirements within the order. It is suggested that the registration state verify the self-insurance status with the Department to ensure that the carrier has complied with the provisions within the order and is considered by the Department to be self-insured. The registrant shall thereafter immediately notify the registration state if the self-insurance plan is suspended, revoked or modified in any way by order of the Department. Failure to comply shall result in the suspension of the registration.

18. If the motor carrier is transporting hazardous materials, the amount of coverage indicated on the proof of insurance filed in the registration state must be the same as the amount of coverage stated on the uniform application form. If the amount stated on the insurance forms does not agree with the level of coverage indicated on the application form, the "New Carrier Registration" shall be deemed to be incomplete.

19. If proof of insurance is received during the registration period and indicates a level of coverage greater than the amount previously indicated on the uniform application form and the old insurance filing, the new insurance filing will cancel and replace the old filing. The registration state will verify with the motor carrier if its application should be amended.

20. The registration state shall not require the authorized signature of the company representative on the proof of insurance to be verified. If an insurance company notifies the registration state that information is being falsified, the registration state will verify all filings in the registration state issued under that named insurer and verify those filings involved. If the registration state finds that falsified filings have been made, the registration state will notify the registrant(s) immediately and request that the registrants file new proof of insurance. If new insurance is not received, the registration state will initiate a suspension for non-compliance of filing proof of insurance.

21. A fax form of the forms required in these procedures may be accepted by the registration state as compliance of filing proof of insurance.

22. At no time will a "Certificate of Insurance" from an insurance agent be accepted by a registration state in lieu of the forms required in these procedures.

23. All previous Form E filings or other proof of insurance filed in any eligible state shall be cancelled as of January 1, 1994, as they pertain to registration of interstate authority granted by the Department.

24. Proof of cargo insurance shall not be required.

25. The Form BMC 90 or MCS 90 is an endorsement. This endorsement form is an amendment to the motor carrier's insurance policy and shall be attached to that insurance policy and shall form a part of it. When insurance is provided by more than one insurer to aggregate coverage, a separate endorsement is required of each insurer. A true copy of the policy with the endorsements attached shall be maintained at the motor carrier's principal place of business. The endorsement cannot be cancelled without cancellation of the policy or policies and cancellation of the proof of insurance filed in the registration state. The endorsement shall not be filed in the registration state.

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. No other fee shall be collected or assessed either directly or indirectly. If a participating state charged more than $10.00 as of that date, the registration state will charge the motor carrier $10.00 for that state of travel.

a. The applicant shall use prescribed forms to indicate the amount of fees due for each vehicle and each state of travel.

b. The form and content of the registration receipt shall be as specified herein. This form may include only those items that identify the carrier and the states of travel for which fees have been paid as specified in these procedures. No registration state may add any additional items to this form except to add the registration state name and address that issued the receipt. This printed form shall be as uniform as possible to eliminate enforcement problems.

c. No earlier than the first day of August and through the thirtieth day of November of each year, the registrant shall file an application for registration, pay fees and request the registration receipt for the next registration period from its registration state. The registration receipt shall not be valid until January 1 of the following year as indicated on the face of the receipt and when carried in the registrant's motor vehicle.

d. When an applicant files a proper application in the registration state on or before the 30th of November for the next annual registration period, the registration state shall issue a registration receipt within thirty (30) days. Any registration that contains any misrepresentation, misstatement, or omission of required information shall be deemed to be incomplete until all items have been clarified and/or corrected in accordance with these procedures. The registration state is not obligated to process an incomplete application within any time frame.

e. The registration state shall issue an original registration receipt to the registrant upon receipt of a properly completed registration application and payment of fees. This original receipt must be retained by the motor carrier at its principal place of business for a period of three years. The motor carrier shall make the necessary copies for the number of vehicles for which fees have been paid.

f. If an error is made by the motor carrier in completing the order form and the amount of the check does not agree with the calculated fee amount, each registration state will handle the improper check amount dependent upon the registration state's accounting procedures.

g. The registration receipt shall not be altered by the motor carrier in anyway. Reduction of the size of the receipt after the receipt has been issued by the registration state will be considered alteration. Altering of the receipt shall subject the motor carrier's registration to revocation. Any enforcement officer is authorized to confiscate the altered copy on sight. The confiscated receipt will then be returned to the registration state after any court action is completed by the state in which it was confiscated.

h. The registration receipt shall qualify the registrant to operate under its FHWA certificate or permit in all jurisdictions indicated on the registration receipt without any further registration requirements or identification requirements in any state other than the registration state.

i. The motor carrier shall submit the appropriate amount of fees for each motor vehicle based on the number of motor vehicles by states of travel. Motor vehicles shall be authorized to travel only in those participating states in which the motor carrier has paid the appropriate fees.

j. Upon receipt of a renewal registration application, the registration state shall verify that valid proof of insurance is on file and that the appropriate fees have been paid before the registration receipt is issued.

k. A registrant in good standing (good standing means that active proper insurance, designation of agent for service of process, and copies of interstate authority are on file in the registration state and the motor carrier has not changed its name and/or address) may add equipment and/or states of travel by payment of fees and the filing of the Supplemental Form (RS-2) to the registration state. When a supplemental form is received for additional states of travel or for equipment added, a supplemental registration receipt will be issued showing only those additional states or equipment as requested. Copies of all supplemental registration receipts must be carried in the cab of the motor vehicle with any other copies as needed. A fully acceptable supplemental form shall be processed and the registration receipt issued by the 30th day following the date of filing the supplemental form and appropriate fees.

l. A motor carrier may transfer its registration receipts or copies of the receipt from vehicles taken out-of-service to their replacement vehicles. The motor carrier may not operate more motor vehicles in a participating state than the number with respect to which fees have been paid.

m. A motor carrier conducting a driveaway operation will be required to carry a copy of the registration receipt in the cab of the vehicle in the same manner and meeting all requirements within use procedures as other FHWA regulated motor carriers. The registration receipt may be transferred from vehicle to vehicle in the same manner as the transfer of the registration receipt for a vehicle placed out-of-service.

n. The registration state shall not replace lost or stolen receipts except when the carrier fails to receive the registration receipt(s) mailed by the registration state for delivery of those receipts. An application for replacement without charge must be accompanied by an affidavit detailing the facts supporting it. Within ten (10) days following the receipt of such an application, the registration state must issue replacements.

o. If a motor carrier needs to add states of travel to its operating fleet in one or more of the participating states, the motor carrier may request transmission of a copy of a registration receipt before the receipt is mailed to the registrant. Upon payment of the appropriate fees, a copy of the receipt shall be sent via facsimile. The registration state shall mail the original receipt to the motor carrier.

p. All registration receipts shall expire on the 31st day of December of the registration year for which they were issued.

q. The driver of a motor vehicle must present a copy of a receipt for inspection by any authorized federal or state government personnel on demand.

r. No registration state shall require decals, stamps, cab cards, or any other means of registering or identifying specific vehicles operated by a motor carrier under these provisions. Nothing in this program will preclude a state from requiring indicia for other authority required to be registered in a state.

2. Change of Name, Address and/or Ownership of Registrant

a. If the registrant changes its name (not change of ownership, for example a d/b/a is added, a d/b/a is changed or a sole proprietor or partners incorporates and are the stockholders of the new corporation) after the registration receipt has been issued, the registrant shall submit to the registration state a copy of the re-entitlement issued by the Department. The registration state shall require proof of insurance to be resubmitted in the new name before a replacement registration receipt shall be issued by the registration state. States shall inform carriers that old copies of the registration receipt carried in the cab of the motor vehicles must be replaced with the new copies and the old copies shall be destroyed by the motor carrier.

b. If the registrant changes its business address, the registration state will require filing of a copy of the notice (letter from the motor carrier to the FHWA) submitted to the Department for a similar change of address. If the business address change involves a street, route, box number or city only, the registrant shall notify the registration state in writing of that change. When the business address of the registrant has been changed, new proof of insurance must be filed in the registration state accordingly.

c. If the address change causes a new registration state to be selected, the procedures to be followed are as described in R.38-429.

d. A registrant that changes its principal place of business from a state without reciprocity agreements for waiving of vehicle fees to a state with reciprocity agreements during the registration period will not be allowed any credit or refund of fees paid to its registration state.

e. When the interstate authority is transferred to new owners, the current registrant (old owners) must notify the registration state to cancel its registration. New owners shall be required to register in the registration state like all new registrants. The registration receipts of the old owners will not be reissued in the name of the new owners.

f. When the registrant changes its name, address or ownership, the registration states shall forward this information to all affected participating states when the registration state forwards the next monthly transmittal.

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-compliance, the registration State shall notify the registrant in writing that its registration to operate in all states of travel pursuant to these standards is suspended. The suspension notice shall be mailed to the registrant and show the effective date of such suspension. The suspension notice may be a letter, suspension order, show cause order or any other method of proper notice as determined by the registration state. Notice of non-compliance with the filing of proof of insurance with the Department may be obtained by any registration state by viewing the state bulletin board or other computer access established with reference to these procedures.

2. Reinstatement of Registration. When sufficient proof of insurance or other items of non-compliance is filed and in effect after a suspension of the registration, the registration state shall immediately reinstate the motor carrier's registration and notify the registrant that its registration pursuant to these standards is restored. The reinstatement notice shall be mailed to the registrant and show the effective date of such reinstatement. The reinstatement notice may be a letter, reinstatement order or any other method of proper notice as determined by the registration state. Notice of compliance with the filing of proof of insurance with the Department may be obtained by any registration state by viewing the state bulletin board or other computer access established with reference to these procedures.

3. Revocation of Registration. Each registration state shall revoke registration to operate in any state if the registrant has failed to comply with the insurance filing requirements one-hundred and thirty five (135) days from the effective date of a cancellation of insurance. Notice of revocation of registration shall be mailed to the registrant and show the effective date of such revocation.

a. Each registration state shall transmit information regarding revocation of the registration once a month with the monthly transmittal to any other affected jurisdictions participating in this program. The notice to other participating states shall include the full name and business address of the registrant, the registrant's MC Number, DOT number and the date of revocation.

b. The registration state shall revoke the registration of the motor carrier for unlawful use of the registration receipt issued by the registration state.

c. Unlawful use shall include, but not be limited to, failure to pay sufficient fees for the number of motor vehicles operating under the registration receipt, allowing another motor carrier to use or purchase a registration receipt issued to the registrant, alteration of the receipt or failure to maintain a current listing of designation of process agent.

d. The registration state shall revoke the registration of a motor carrier whose registration of an ETA or TA has expired without permanent authority being granted by the Department or the motor carrier has failed to file a copy of the permanent grant of authority in the registration state before the expiration date.

e. If the registrant believes that the registration state has revoked its registration without good cause, the registrant may petition its registration state for reinstatement. Such petition for reinstatement shall be acted upon in accordance with the administrative rules and procedures of the registration state.

f. After a registration has been revoked or cancelled, a motor carrier wishing to operate pursuant to these standards must again apply for registration in its registration state. If its registration state has copies of its operating authority and the motor carrier indicates that no additional grants have been given by the Department, the new filing of copies of its authority shall be waived. The motor carrier shall submit new proof of insurance. If the motor carrier has paid its annual per vehicle fee for the current calendar year, the registration state shall not require new fees to be paid.

g. If the motor carrier has paid its annual per vehicle fee for the current calendar year, the registration state shall be required to forward the registration information to all affected participating states when the registration state forwards the next monthly transmittal.

h. Nothing in these procedures prevents a State from imposing criminal or civil penalties upon any person or organization violating any provision herein.

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 registrants and remittances from each registrant.

b. These records, which may be kept on microfilm, microfiche or other similar type of documentation, shall be made available to any participating state upon request.

c. Each participating state shall forward to other participating states the amount of funds for the number of vehicles indicated on receipts issued by that state. Each state will be forwarded the full amounts. It will be the responsibility of each registration state to collect the proper fee amounts if a registration state accepts a check that fails to clear the bank. No amounts will be carried forward to other states for bad checks. These funds shall be transmitted only once each month. All funds received by the last day of the month shall be forwarded by the last day of the following month. Reports of no activity are required when no funds are collected.

d. The accounting transmittal shall include a remittance statement for that jurisdiction and identify the following:

1. Registration state submitting the transmittal;

2. Period the transmittal is for;

3. Number of motor vehicles for which fees have been paid; and

4. Total amount of fees received for each participating state.

e. This information is to be forwarded to other participating states on forms prescribed therefore.

f. The supplemental information attached to the transmittal form shall be forwarded to each state for which fees were collected by the registration state. During the months of August through December, each registration state will prepare two reports (whether paper reports or exchange of computer data). One report will indicate only those receipts issued and monies collected for the current registration period. The second report will indicate only those receipts issued and monies collected for the next registration period. If a registration state had no activity during a month from August through December for one of the registration periods, the registration state must prepare a report or send a separate accounting transmittal indicating "No Activity" and reference the registration period. The supplemental information to be sent to the registration state with the transmittal will include the following information:

1. Full name of registrant including all owners and fictitious name (d/b/a);

2. Full business and mailing address of registrant;

3. Number of vehicles for which fees have been paid;

4. Fees collected from each participant;

5. Date registration receipt issued; and

6. FHWA MC number, US DOT number and FEIN number.

g. When an error in overpayment or underpayment for a reporting period has been detected by a registration state, the registration state that has made the error must notify the affected states in writing within two (2) weeks of the discovery of the error. The documentation to the affected state must contain the date of original payment, amount of over/under payment and the motor carrier involved. The registration state in error may simply produce a copy of the original data report highlighting the transaction in error and indicate to the affected states the proper charges. The affected states and the state in error will determine how the over/under payment will be handled in accordance with each state's statutory requirements.

h. When a jurisdiction has not received the monthly report within 45 days after the close of the reporting month, that jurisdiction shall contact the delinquent jurisdiction and request compliance with the standards set forth. If the delinquent jurisdiction has failed to transmit a monthly report and funds by the next reporting period, the participating state shall file its monthly report, but withhold transmission of funds, to the delinquent jurisdiction until the delinquent jurisdiction complies fully with the established accounting procedures.

i. Monies may be transmitted between participating states electronically, by check or any other method of payment accepted by another participating state.

2. Auditing. Any registration state may audit any motor carrier to ensure correct payment of fees or to detect alteration of the registration receipt. If within reasonable time, the registrant fails to respond and pay the required per motor vehicle fees after notice of audit findings and/or written notice of amount due, the registration state shall revoke a motor carrier's registration.

a. The motor carrier shall maintain records and source documents supporting fee payments and the original receipt issued by the registration state for a period of three years.

b. Audits may be conducted at the principal place of business of the carrier. The registration state may also require the carrier to submit documentation for audit to the state agency. Participating states will cooperate as much as possible as to the determination of the proper amount of fees to be collected from the registrants for states of travel.

3. Reciprocity. Reciprocity agreement(s) in effect as of November 15, 1991 must be considered when determining fees to be charged under this program.

A motor carrier whose principal place of business is located in a state not eligible to participate in this program shall not use its designation of a registration state for this program to afford itself any benefits of reciprocity agreements of that registration state.

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 must select its registration state and complete the registration process as required under these procedures and as follows:

2. If FHWA authority is received and the motor carrier intends to operate prior to January 1, 1994, the motor carrier will be required to comply (including payment of renewal fees) in the exact manner as all other FHWA authorized carriers for the registration period beginning January 1, 1994, in accordance with these procedures.

3. If FHWA authority is received after January 1, 1994, the fees for this program will be waived if those fees were previously paid to the states in the calendar year 1994 for each vehicle. The motor carrier shall include a statement with the registration form that the number of vehicles and the amount of fees paid as indicated on the fee listing attached to the registration form were the amounts paid to the states under the bingo stamp program. A registration receipt will be issued for those vehicles and those states of travel.

4. If the motor carrier desires to add additional states of travel or additional equipment, a supplemental registration form shall be completed. A supplemental registration receipt will be issued in accordance with the requirements set forth in Section VIII, L.

5. The registration state will at the monthly reporting period, indicate to other states the no-fee issuance of the receipt. If it has been determined that the motor carrier indicated on its fee schedule a number of vehicles and fees paid at a level greater than fees previously paid to the state, the state will notify the registration state of the deficiency and the need for the registration state to collect additional fees.

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 58-23-80 and 58-23-1120 of the Code of Laws of South Carolina, 1976, and upon conviction thereof, is punishable as provided therein.

2. Failure to comply with other rules. Any person who or corporation which operates a motor vehicle in interstate commerce on any highway of South Carolina subject to this subarticle and fails to comply with these rules and regulations, or commits any other offense punishable by the Department, shall be subject to suspension or revocation of operating authority within this State, as well as the provisions of Regulation 38-436(1).

SUBARTICLE 9.

REGISTRATION OF OPERATIONS BY FOR-HIRE INTERSTATE MOTOR CARRIERS OF PROPERTY EXEMPT FROM ECONOMIC REGULATION BY THE FEDERAL HIGHWAY ADMINISTRATION

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, new or used, not owned by the transporting motor carrier, constitute the commodity being transported.

2. FHWA. The letters "FHWA" shall mean the Federal Highway Administration.

3. Motor Carrier. The words "motor carrier" shall mean a motor carrier of property or passengers for compensation engaged in interstate or foreign commerce when its operation is exempt from economic regulations by the Federal Highway Administration under the Interstate Commerce Act, as amended.

4. NARUC. The letters "NARUC" shall mean the National Association of Regulatory Utility Commissioners, whose address is P. O. Box 684, Washington, D.C. 20044.

5. State. The word "State" shall mean the South Carolina Department of Public Safety.

6. Vehicle. The word "vehicle" shall mean a self-propelled or motor driven vehicle operated by a motor carrier used for transportation of property.

7. Within the Borders. The words "within the borders" shall mean such operations shall be deemed to include interstate or foreign operations to, from, within or traversing the State of South Carolina.

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 operation as prescribed by the provisions of this subarticle, and there shall have been a compliance with all other requirements of this subarticle. A change of operation shall be reported by the filing of a supplemental application.

1. Form and Execution of Application. The application for the registration of such operation, and any supplemental application to report any change in operation, shall be in the form set forth in Form A-1. (See Form A-1 in 38-447 Appendix.) The application shall be duly completed and executed by an official of the motor carrier.

2. Initial Registration. The application shall be filed in duplicate with the Department. The original shall be retained by the Department, and the duplicate shall be returned to the motor carrier when the application is approved. The application shall be accompanied by a fee in the amount of $25.00. Such fee shall be in the form of certified check, cashier's check, or money order and shall be made payable to the South Carolina Department of Public Safety.

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 service of process.

2. Filing Designation. The motor carrier shall file such designation of a local agent for service of process with the Department by showing the name and address of such agent on Form A-1, or by furnishing the Department with a true copy of the designation of such agent filed with the FHWA.

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 registered and identified with the Department in accordance with the provisions of this rule, and there shall have been a compliance with all other requirements of this subarticle.

2. Registration and Identification. At the time of filing Form A-1, and on or before the thirty-first day of January each calendar year, but not earlier than the preceding first day of November, such motor carrier shall apply to the Department for the issuance of an identification stamp or stamps for the registration and identification of the vehicle or vehicles which it intends to operate, or driveaway operations which it intends to conduct, within the borders of South Carolina. The motor carrier may apply for such number of stamps as is sufficient to cover its vehicles or driveaway operations which it anticipates will be placed in operation or conducted during the period the stamps are effective. The motor carrier may thereafter file one or more supplemental applications for additional stamps if the need therefor arises or is anticipated.

3. Identification Stamps.

a. The application for the issuance of such identification stamps shall be in the form set forth in Form B-1. (See Form B-1 in 38-447 Appendix.) The application shall be duly completed and executed by an official of the motor carrier, and shall be accompanied by a fee of $5.00 for each identification stamp requested.

b. If the Department determines that the motor carrier has complied with all applicable provisions of these regulations, the Department will issue to the motor carrier the number of identification stamps requested.

c. The identification stamp issued under the provisions of this rule by the Department shall bear its initials, and an expiration date of the first day of February in the succeeding calendar year. It shall be in the shape of a square, one inch wide and one inch in height.

d. An identification stamp issued under the provisions of this rule shall be used for the purpose of identifying a vehicle or driveaway operations as being operated or conducted by a motor carrier, and shall not be used for the purpose of distinguishing between the vehicles operated by the same motor carrier. A motor carrier receiving an identification stamp under the provisions of this subarticle shall not knowingly permit the use of same by any other person or organization.

4. Uniform Identification Cab Card.

a. Motor carriers shall apply to the NARUC (See Form C in 38-447 Appendix for proper application form) for the issuance of a sufficient supply of Uniform Identification Cab Cards For Vehicle Or Driveaway Operations Exempt From FHWA Regulation (See Form D-1 in 38-447 Appendix for example of Cab Card) for use in connection with the identification of the vehicle or vehicles which it intends to operate, or driveaway operations which it intends to conduct, within the borders of South Carolina during the ensuing year.

b. The NARUC will issue to the motor carrier the number of cab cards requested. A motor carrier receiving a cab card under the provisions of this rule shall not knowingly permit the use of same by any other person or organization. Prior to operating a vehicle, or conducting a driveaway operation, within the borders of South Carolina during the ensuing year, the motor carrier shall place one of such identification stamps on the back of a cab card in the square bearing the name of South Carolina in such a manner that the same cannot be removed without defacing it. The motor carrier shall thereupon duly complete and execute the form of certificate printed on the front of the cab card so as to identify itself and such vehicle or driveaway operation, and shall enter the appropriate expiration date in the space provided below the certificate. Such expiration date shall be within a period of 15 months from the date the cab card is executed and shall not be later in time than the expiration date of any identification stamp placed on the back thereof.

5. Where Cab Card Maintained.

a. In the case of a vehicle not used in a driveaway operation, the cab card shall be maintained in the cab of such vehicle for which prepared whenever the vehicle is operated by the carrier identified on the cab card. Such cab card shall not be used for any vehicle except the vehicle for which it was originally prepared. A motor carrier shall not prepare two or more cab cards which are effective for the same vehicle at the same time.

b. In the case of a driveaway operation, the cab card shall be maintained in the cab of the vehicle furnishing the motive power for the driveaway operation whenever such an operation is conducted by the carrier identified on the cab card.

6. Replacement or Substitute Vehicles. If a motor carrier permanently discontinues the use of a vehicle because of destruction, loss, or transfer of ownership of a vehicle owned by a carrier or because of destruction or loss of a vehicle operated by the carrier under a lease of 30 consecutive days duration or more, the carrier may transfer the cab card prepared for such vehicle to a newly acquired vehicle purchased within 30 days of the date of such discontinuance or to a substitute or replacement vehicle furnished by the same lessor by complying with the following procedures:

a. Such motor carrier shall duly complete and execute the form of certificate printed on the front of a new cab card, so as to identify itself and the substitute vehicle and shall enter the appropriate expiration date in the space provided below such certificate;

b. Such motor carrier shall indicate the date it terminated use of the discontinued vehicle by entering same in the space provided for an early expiration date which appears below the certificate of the cab card prepared for such vehicle; and

c. Such motor carrier shall affix the cab card prepared for the substitute vehicle to the front of the cab card prepared for the discontinued vehicle, by permanently attaching the upper left hand corners of both cards together in such a manner as to permit inspection of the contents of both cards and, thereupon, each identification stamp or number appearing on the back of the card prepared for the discontinued vehicle shall be deemed to apply to the operation of the substitute vehicle.

7. Must Present Cab Card for Inspection Upon Demand. A cab card shall, upon demand, be presented by the driver to any authorized government personnel for inspection.

8. When Identification Becomes Void.

a. The identification of a vehicle or driveaway operation under the provisions of this rule and the identification stamp evidencing same and the cab card prepared therefor shall become void on the first day of February in the succeeding calendar year.

b. Any erasure, improper alteration, or unauthorized use of cab card shall render it void.

c. Each motor carrier shall destroy a cab card upon its expiration.

9. Replacing Cab Cards. If a cab card is lost, destroyed, mutilated, or becomes illegible, a new cab card must be prepared and a new identification stamp may be issued therefor upon application by the motor carrier and upon payment of the fee prescribed.

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 evidencing bodily injury and property damage liability security with limits not less than those provided for in 38-414, and there shall have been a compliance with all other requirements of this subarticle.

2. Form and Execution of Certificate and Endorsement. The certificate of insurance shall state that the insurer has issued to such motor carrier a policy of insurance which by endorsement provides automobile bodily injury and property damage liability insurance covering the obligations imposed upon such motor carrier by the provisions of the law of this State and the rules and regulations of the Department. The certificate shall be in the form set forth in Form E. (See Form E in 38-447 Appendix.) The certificate shall be duly completed and executed by such insurer.

3. Evidence of Surety Bond. Motor carriers who post bond in lieu of insurance shall not engage in interstate commerce within the borders of this State unless and until such carriers have filed with and had accepted by this Department a surety bond in the form set forth in Form G. (See Form G in 38-447 Appendix.) The bond shall be duly completed and executed by the surety and principal.

4. Cargo Insurance Not Required. Motor carriers operating in South Carolina pursuant to this subarticle are not required to file evidence of cargo insurance.

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 be cancelled on less than thirty (30) days notice to the Department, said thirty (30) days to begin from the date Form K is received by the Department. The notice shall be duly completed and executed by the insurer or motor carrier.

2. Form and Execution of Notice of Surety Bond Cancellation. Notice of cancellation of a surety bond shall be accomplished by filing with the Department the form of notice set forth in Form L. (See Form L in 38-447, Appendix). The surety bond shall not be cancelled on less than thirty (30) days notice to the Department, said thirty (30) days to begin from the date Form L is received by the Department. The notice shall be duly completed and executed by the surety or motor carrier.

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 or organization, other than NARUC, shall reproduce such form for use under the provisions of these regulations, and any such form reproduced by such an unauthorized person or organization is hereby declared null and void.

2. Manner of Preparing Forms. A typewriter or indelible ink shall be used in entering information in the blank spaces appearing on the forms prepared under the provisions of these regulations.

38-444. Violations.

1. Failure to Carry Stamp or Cab Card. Any person or corporation who or which operates a motor vehicle in interstate commerce on any highway in South Carolina and fails to carry the identification stamp and cab card as required by this subarticle, is guilty of a misdemeanor under Sections 58-23-80 and 58-23-1120 of the Code of Laws of South Carolina, 1976, and, upon conviction thereof, is punishable as provided therein.

2. Failure to Comply with Other Rules. Any person or corporation who or which operates a motor vehicle in interstate commerce on any highway of South Carolina subject to this subarticle and fails to comply with these rules and regulations, or commits any other offense punishable by the Department, shall be subject to suspension or revocation of operating authority within this State, as well as the provisions of Regulation 38-444(1).

38-445. Officers.

The Department, through officers duly appointed, will investigate and report violations of the provisions of the Motor Vehicle Carrier Law and the Department's Rules and Regulations.

38-446. Grounds for Revocation of Certificate.

The Department 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 regulations prescribed by the Department, provisions of the Motor Carrier Law, or any other law of this State regulating motor carriers for hire and applicable to the holder of such certificate.

APPENDIX

38-447. Appendix of Forms.

FORM A-1 UNIFORM APPLICATION FOR REGISTRATION OF INTERSTATE MOTOR CARRIER OPERATIONS EXEMPT FROM FHWA REGULATION

To: ________________________________________ Date _____________________________

(Name of State Department)

Applicant: ____________________________________________________________________

Street: _______________________________________________________________________

City: ____________________ State: ____________ Zip Code _______________________

The vehicle or vehicles which the applicant intends to operate, or drive-away

operations which it intends to conduct, within the borders of the State of

____________, are exempt from regulation by the Federal Highway

Administration under the Interstate Commerce Act, as amended, pursuant to the

authority checked below:

( ) Sec. 202(c)(1) (Terminal Area ( ) Sec. 203(b)(5) (Farm Cooperative

Exemption) Exemption)

( ) Sec. 202(c)(2) (Terminal Area ( ) Sec. 203(b)(6) (Commodities

Exemption) Exemption)

( ) Sec. 203(a)(11) (Foreign Commerce ( ) Sec. 203(b)(7) (Newspaper

Exemption) Exemption)

( ) Sec. 203(b)(1) (School Bus ( ) Sec. 203(b)(8) (Municipal

Exemption) Exemption)

( ) Sec. 203(b)(2) (Taxicab Exemption) ( ) Sec.203(b)(9) (Occasional

Exemption)

( ) Sec. 203(b)(3) (Hotel Exemption) ( ) Sec. 203(b)(10) (Emergency Tow

Exemption)

Type of carrier:

( ) Property ( ) Passenger ( ) Common ( ) Contract

_______________________________________________________________________________

Give Principal Office Address, if different than above:

Street: ____________________ City: ____________________ State: ________________

If individual, give name and address:

_______________________________________________________________________________

If Corporation, give State in which incorporated: _____________________________

Name of President: ____________________ name of Secretary _____________________

If Partnership, give names and addresses of partners:

_______________________________________________________________________________

_______________________________________________________________________________

PROCESS AGENT FOR STATE: (MUST BE A SOUTH CAROLINA RESIDENT)

Name ____________________ Street ______________________________________________

City ______________________ State _____________________________________________

I, the undersigned, under penalty for false statement, do hereby certify that

the above information is true and correct and that I am authorized to execute

and file this document on behalf of the above applicant.

(State penalties as prescribed by Law).

Signature ____________________ Title __________________________________________

INSTRUCTIONS: FILE THIS APPLICATION IN DUPLICATE. WHEN APPLICATION IS APPROVED,

THE COPY WILL BE RETURNED TO THE APPLICANT.

FORM B-1 UNIFORM APPLICATION FOR REGISTRATION AND IDENTIFICATION OF VEHICLES OR DRIVEAWAY OPERATIONS EXEMPT FROM FHWA REGULATION

To: ______________________________ Date: ______________________________________

(Name of State Department)

Applicant: ____________________________________________________________________

Street: _______________________________________________________________________

City: ____________________ State: ____________________ Zip Code: ______________

The above described applicant hereby applies for the issuance of (Number)

identification stamp(s), or for the assignment of an identification number

(as elected by the laws of the State), for the registration and

identification of the vehicle or vehicles which the applicant intends to

operate or driveaway operations which it intends to conduct, within the

borders of the state during the period for which such identification stamp(s)

or number is effective. The operation of such vehicle or vehicles, or the

conduct of such driveaway operations, shall be in accordance with the laws of

the State. The vehicle or vehicles which the applicant intends to operate or

driveaway operations which it intends to conduct, within the borders of the

State, are exempt from regulation by the Federal Highway Administration under

the Interstate Commerce Act as amended, pursuant to:

( ) Sec. 202(c) (1) (Terminal Area Exemption)

( ) Sec. 202(c) (2) (Terminal Area Exemption)

( ) Sec. 203(a) (11) (Foreign Commerce Exemption)

( ) Sec. 203(b) (1) (School Bus Exemption)

( ) Sec. 203(b) (2) (Taxicab Exemption)

( ) Sec. 203(b) (3) (Hotel Exemption)

( ) Sec. 203(b) (4) (National Park Exemption)

( ) Sec. 203(b) (4a) (Farm Exemption)

( ) Sec. 203(b) (5) (Farm Cooperative Exemption)

( ) Sec. 203(b) (6) (Commodities Exemption)

( ) Sec. 203(b) (7) (Newspaper Exemption)

( ) Sec. 203(b) (7a) (Air Transport Exemption)

( ) Sec. 203(b) (8) (Municipal Exemption)

( ) Sec. 203(b) (9) (Occasional Exemption)

( ) Sec. 203(b) (10) (Emergency Tow Exemption)

( ) _____________________________________________ (Specify Other Exemption)

The applicant shall not knowingly permit any other person or organization to

use the identification stamp(s) or number issued or assigned pursuant to this

application.

I, the undersigned, under penalty for false statement, do hereby certify that

the above information is true and correct and that I am authorized to execute

and file this document on behalf of the above applicant.

(State penalties as prescribed by Law).

_______________________________________

(Signature)

_______________________________________

(Title)

FORM D-1 UNIFORM IDENTIFICATION CAB CARD FOR VEHICLE OR DRIVEAWAY OPERATION EXEMPT FROM FHWA REGULATION OPERATING MOTOR CARRIER

Name of Carrier _______________________________________________________________

Street ________________________________________________________________________

City __________________________________ State ________________________________

VEHICLE

Type __________________________________ [FN*] Make ___________________________

(Tractor-Truck-Bus-Driveaway)

[FN*] Year ____________________________ [FN*] Serial No. _____________________

[FN**] State of Vehicle Registration __________________________________________

[FN*] Name of Owner of Vehicle ________

The operation of the vehicle or conduct of the driveaway operation, described

above, is exempt from regulation by the Federal Highway Administration under

the Interstate Commerce Act, as amended, pursuant to:

( ) Sec. 202 (c) (1) (Terminal Area Exemption)

( ) Sec. 202 (c) (2) (Terminal Area Exemption)

( ) Sec. 203 (a) (11) (Foreign Commerce Exemption)

( ) Sec. 203 (b) (1) (School Bus Exemption)

( ) Sec. 203 (b) (2) (Taxicab Exemption)

( ) Sec. 203 (b) (3) (Hotel Exemption)

( ) Sec. 203 (b) (4) (National Park Exemption)

( ) Sec. 203 (b) (4a) (Farm Exemption)

( ) Sec. 203 (b) (5) (Farm Cooperative Exemption)

( ) Sec. 203 (b) (6) (Commodities Exemption)

( ) Sec. 203 (b) (7) (Newspaper Exemption)

( ) Sec. 203 (b) (7a) (Air Transport Exemption)

( ) Sec. 203 (b) (8) (Municipal Exemption)

( ) Sec. 203 (b) (9) (Occasional Exemption)

( ) Sec. 203 (b) (10) (Emergency Tow Exemption)

( ) _____________________________________________ (Specify Other Exemption)

Such vehicle or driveaway operation has been registered in accordance with the

laws of each State whose current identification stamp or number is placed on

the reverse side of this card.

I, the undersigned, under penalty for false statement, do hereby certify that

the above information is true and correct and that I am authorized to execute

this document on behalf of the above carrier. (State penalties as prescribed

by law.)

Signature ____________________________

Title ________________________________

Date Executed ________________________

This card expires at 12:01 A.M., February 1, 19___ or ____________ 19___,

whichever is earlier.

_______________________________________________________________________________

[FN*] Not applicable to driveaway operations.

[FN**] If the State of vehicle registration changes during the period this cab

card is effective, the motor carrier shall immediately indicate the change

above by marking out the name of the State listed and inserting the name of

the new State of vehicle registration in lieu thereof. This change shall be

initialed by an official of the motor carrier.

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Alabama Alaska Arkansas Arizona California Colorado

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Connecticut Delaware District of Florida Georgia Hawaii

Columbia

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Idaho Illinois Indiana Iowa Kansas Kentucky

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Louisiana Maine Maryland Massachu- Michigan Minnesota

setts

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Mississippi Missouri Montana Nebraska Nevada New

Hampshire

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New Jersey New Mexico New York North North Dakota Ohio

Carolina

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Oklahoma Oregon Pennsylvania Rhode South South

Island Carolina Dakota

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Tennessee Texas Utah Vermont Virginia Washington

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West Virginia Wisconsin Wyoming

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FORM E UNIFORM MOTOR CARRIER BODILY INJURY AND PROPERTY DAMAGE LIABILITY CERTIFICATE OF INSURANCE (Executed in triplicate)

Filed with _________________________________ (hereinafter called Department)

(Name of Department)

This is to certify, that the __________________________________________________

(Name of Company)

(hereinafter called Company) of _______________________________________________

(Home Office Address of Company)

has issued to _________________________________________________________________

(Name of Motor Carrier)

of ________________________________________________ a policy or policies of

(Address of Motor Carrier)

insurance effective from ____________ 12:01 a.m. standard time at the address

of the insured stated in said policy or policies and continuing until

cancelled as provided herein, which, by attachment of the uniform motor

carrier bodily injury and property damage liability insurance endorsement,

has or have been amended to provide automobile bodily injury and property

damage liability insurance covering the obligations imposed upon such motor

carrier by the provisions of the motor carrier law of the State in which the

Department has jurisdiction or regulations promulgated in accordance

therewith.

Whenever requested, the company agrees to furnish the Department a duplicate

original of said policy or policies and all endorsements thereon.

This certificate and the endorsement described herein may not be cancelled

without cancellation of the policy to which it is attached. Such cancellation

may be effected by the company or the insured giving thirty (30) days' notice

in writing to the Department, such thirty (30) days' notice to commence to

run from the date notice is actually received in the office of said

Department.

Countersigned at ______________________________________________________________

_____________________________________________________________________________

(Street Address)

_______________________________________________________________________________

(City) (State) (Zip Code)

this _______________ day of ___________________________________, 19___

(Authorized Company Representative)

Insurance Company File No. ____________

(Policy No.) _______________

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This form determined by the National Association of Regulatory Utility

Commissioners and promulgated by the Federal Highway Administration pursuant

to the provisions of Section 202(b)(2) of the Interstate Commerce Act. (49

U.S.C., Sec. 302(b)(2)).

FORM F UNIFORM MOTOR CARRIER BODILY INJURY AND PROPERTY DAMAGE LIABILITY INSURANCE ENDORSEMENT

It is agreed that:

1. The certification of the policy, as proof of financial responsibility

under the provisions of any State motor carrier law or regulations

promulgated by any State Commission having jurisdiction with respect thereto,

amends the policy to provide insurance for automobile bodily injury and

property damage liability in accordance with the provisions of such law or

regulations to the extent of the coverage and limits of liability required

thereby; provided only that the insured agrees to reimburse the company for

any payment made by the company which it would not have been obligated to

make under the terms of this policy except by reason of the obligation

assumed in making such certification.

2. The uniform motor carrier bodily injury and property damage liability

certificate of insurance has been filed with the State Commissions indicated

on the reverse side hereof.

3. This endorsement may not be cancelled without cancellation of the policy

to which it is attached. Such cancellation may be effected by the company or

the insured giving thirty (30) days' notice in writing to the State

Commission with which such certificate has been filed, such thirty (30) days'

notice to commence to run from the date the notice is actually received in

the office of such department.

Attached to and forming part of Policy No. ________ issued by ________________,

herein called Company, of ____________________ to ____________ of

____________

Dated at ________________ this ____________ day of ____________________, 19___.

Countersigned by ______________________________________________________________

Authorized Company Representative

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This form determined by the National Association of Regulatory Utility

Commissioners and promulgated by the Federal Highway Administration pursuant

to the provisions of Section 202(b)(2) of the Interstate Commerce Act. (49

U.S.C., Sec. 302(b)(2)).

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Indicates Departments with whom uniform

motor carrier bodily injury and

property damage liability certificate

of insurance has been filed

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Alabama Illinois Montana Rhode Island

Alaska Indiana Nebraska South Carolina

Arizona Iowa Nevada South Dakota

Arkansas Kansas New Hampshire Tennessee

California Kentucky New Jersey Texas

Colorado Louisiana New Mexico Utah

Connecticut Maine New York Vermont

Delaware Maryland North Carolina Virginia

District of Massachusetts North Dakota Washington

Columbia

Florida Michigan Ohio West Virginia

Georgia Minnesota Oklahoma Wisconsin

Hawaii Mississippi Oregon Wyoming

Idaho Missouri Pennsylvania

FORM G UNIFORM MOTOR CARRIER BODILY INJURY AND PROPERTY DAMAGE LIABILITY SURETY BOND (Executed in triplicate)

Know all men by these presents, that we, (Name of Motor Carrier Principal)

____________ of ____________ (City) ____________, (State) as principal

(hereinafter called principal), and ____________, (Name of Surety) a

corporation created and existing under the laws of the State of ____________,

with principal office at ____________ (City) ____________, (State) as Surety

(hereinafter called surety), are held and firmly bound unto the State of

____________ in the sum or sums hereinafter provided for which payment, well

and truly to be made, the principal and surety hereby bind themselves, their

successors and assigns, firmly by these presents.

The condition of this obligation is such that:

Whereas, the principal is or intends to become a motor carrier subject to the

laws of such State and the rules and regulations of __________ (Name of

Department) (hereinafter called Department), relating to insurance or other

security for the protection of the public, and has elected to file with the

Department a surety bond conditioned as hereinafter set forth; and

Whereas, this bond is written to assure compliance by the principal a motor

carrier of passengers or property with the laws of such State and the rules

and regulations of the Department relating to insurance or other security for

the protection of the public, and shall inure to the benefit of any person or

persons who shall recover a final judgment or judgments against the principal

for any of the damages herein described.

Now, therefore, if every final judgment recovered against the principal for

bodily injury to or the death of any person or loss of or damage to the

property of others, sustained while this bond is in effect, and resulting

from the negligent operation, maintenance or use of motor vehicles in

transportation (but excluding injury to or death of the principal's employees

while engaged in the course of their employment, and loss of or damage to

property of the principal and property transported by the principal

designated as cargo), shall be paid, then this obligation shall be void,

otherwise to remain in full force and effect.

Within the limits hereinafter provided, the liability of the surety extends to

such losses, damages, injuries, or deaths regardless of whether such motor

vehicles are specifically described herein and whether occurring on the route

or in the territory authorized to be served by the Principal or elsewhere.

This bond is effective from _______________(12:01 a.m., standard time , at the

address of the principal as stated herein) and shall continue in force until

terminated as hereinafter provided. The principal or the surety may at any

time terminate this bond by written notice to the Department, such

termination to become effective not less than thirty (30) days after actual

receipt of said notice by the Department. The surety shall not be liable

hereunder for the payment of any judgment or judgments against the principal

for bodily injury to or the death of any person or persons or loss of or

damage to property resulting from accidents which occur after the termination

of this bond as herein provided, but such termination shall not affect the

liability of the surety hereunder for the payment of any such judgment or

judgments resulting from accidents which occur during the time the bond is in

effect.

The liability of the surety on each motor vehicle shall be the limits

prescribed in the laws of such State and the rules and regulations of the

Department governing the filing of surety bonds, which were in effect at the

time this bond was executed, and will be a continuing one notwithstanding any

recovery hereunder. In witness whereof, the said principal and surety have

executed this instrument on the ____________ day of _______________, 19___.

_____________________________________________________

(Principal)

By __________________________________________________

(AFFIX CORPORATE SEAL)

_____________________________________________________

(Surety)

_________________________, _________________________

(City) (State)

By __________________________________________________

Countersigned at ______ this ____ day of ________,

19___.

Bond No. ____________________________________________

(Registered Resident Agent)

--------------------------

This form determined by the National Association of Regulatory Utility

commissioners and promulgated by the Federal Highway Administration pursuant

to the provisions of Section 202(b)(2) of the Interstate Commerce Act. (49

U.S.C., Sec. 302(b)(2)).

FORM H UNIFORM MOTOR CARRIER CARGO CERTIFICATE OF INSURANCE (Executed in triplicate)

Filed with ___________________________________(hereinafter called Department

(Name of Department)

This is to certify, that the ________________________(hereinafter called

Company) of ___________________________________________________________________

(Home Office Address of Company)

has issued to _________________________________________________________________

(Name of Motor Carrier)

of _____________________________________________(Address of Motor Carrier) a

policy or policies of insurance effective from __________ 12:01 A.M.,

standard time at the address of the insured stated in said policy or policies

and continuing until canceled as provided herein, which by attachment of the

Uniform Motor Carrier Cargo Insurance Endorsement, has or have been amended

to provide cargo insurance covering the obligations imposed upon such motor

carrier by the provisions of the motor carrier law of the State in which the

department has jurisdiction or regulations promulgated in accordance

therewith.

Whenever requested, the Company agrees to furnish the Department a duplicate

original of said policy or policies and all endorsements thereon.

This certificate and the endorsement described herein may not be canceled

without cancellation of the policy to which it is attached. Such cancellation

may be effected by the Company or the insured giving thirty (30) days' notice

in writing to the Department, such thirty (30) days' notice to commence to

run from the date notice is actually received in the office of the

Department. Countersigned at ________________________________________________

Countersigned at ______________________________________________________________

(Street Address) (City) (State)

this ________________ day of ____________________19___ ____________ (Zip Code)

________________________________________________________________

(Authorized Company Representative)

Insurance Company File No. ____________________________________________________

(Policy Number)

-------------------------------------------------------------------------------

This form determined by the National Association of Regulatory Utility

Commissioners and promulgated by the Federal Highway Administration pursuant

to the provisions of Section 202(b)(2) of the Interstate Commerce Act (49

U.S.C. Sec. 302(b)(2)).

FORM I UNIFORM MOTOR CARRIER CARGO INSURANCE ENDORSEMENT

It is agreed that:

1. The certification of the policy as proof of responsibility under the

provisions of any State motor carrier law or regulations promulgated by

any State Commission having jurisdiction with respect thereto, amends

the policy to provide insurance for motor carrier cargo liability in

accordance with the provisions of such law or regulations to the extent

of the coverage and limits of liability required thereby; provided only

that the insured agrees to reimburse the company for any payment made by

the company which it would not have been obligated to make under the

terms of this policy except by reason of the obligation assumed in

making such certification.

2. The Uniform Motor Carrier Cargo Certificate of Insurance has been filed

with the State Commissions indicated on the reverse side hereof.

3. This endorsement may not be canceled without cancellation of the policy to

which it is attached. Such cancellation may be effected by the company

or the insured giving thirty (30) days notice in writing to the State

Commission with which such certificate has been filed, such thirty (30)

days notice to commence to run from the date the notice is actually

received in the office of such Commission.

Attached to and forming part of Policy No. ____________________________________

issued by _____________________________________________, herein called

Company, of _________________________________________________________________

to __________________________________ of __________________________________

Dated at ____________ this ____________ day of __________ 19___

Countersigned by ______________________________________________________________

Authorized Company Representative

-------------------------------------------------------------------------------

This form determined by the National Association of Regulatory Utility

Commissioners and promulgated by the Federal Highway Administration pursuant

to the provisions of Section 202(b)(2) of the Interstate Commerce Act (49

U.S.C., Sec. 302(b)(2)).

-------------------------------------------------------------------------------

X-Indicates Departments With Whom Uniform

Motor Carrier Cargo Certificate of Insurance

Has Been Filed

-------------------------------------------------------------------------------

Alabama Illinois Montana Rhode Island

Alaska Indiana Nebraska South Carolina

Arizona Iowa Nevada South Dakota

Arkansas Kansas New Hampshire Tennessee

California Kentucky New Jersey Texas

Colorado Louisiana New Mexico Utah

Connecticut Maine New York Vermont

Delaware Maryland North Carolina Virginia

District of Massachusetts North Dakota Washington

Columbia

Florida Michigan Ohio West Virginia

Georgia Minnesota Oklahoma Wisconsin

Hawaii Mississippi Oregon Wyoming

Idaho Missouri Pennsylvania

FORM J UNIFORM MOTOR CARRIER CARGO SURETY BOND (Executed in Triplicate)

KNOW ALL MEN BY THESE PRESENTS, That we, ____________(Name of Motor Carrier)

________________________________ of ________________________, __________, as

(Principal) (City) (State)

Principal (hereinafter called Principal), and _________________________________

(Name of Surety)

____________, a corporation created and existing under the laws of the State of

____________, with principal office at ____________(City) ____________,

(State) as Surety (hereinafter called Surety), are held and firmly bound unto

the State of ____________ in the sum or sums hereinafter provided for which

payment, well and truly to be made, the Principal and Surety hereby bind

themselves, their successors and assigns, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT:

WHEREAS, the Principal is or intends to become a motor carrier subject the

laws of such State and the rules and regulations of the ____________ (Name of

Department)(herein called Department), relating to insurance or other

security for the protection of shippers and consignees, and has elected to

file with the Department a bond conditioned as hereinafter set forth, and

WHEREAS, this bond is written to assure compliance by the Principal a motor

carrier with the laws of such State and the rules and regulations of the

Department relating to insurance or other security for the protection of

shippers and consignees, and shall inure to the benefit of any and all

shippers or consignees to whom the Principal may be held liable for any of

the damages herein described.

NOW, THEREFORE, if the Principal shall make compensation to shippers and

consignees for all losses of or damages to property belonging to them which

shall, while this bond is in effect, come into the possession of the

Principal in connection with its transportation service, regardless of

whether such losses or damages occur while said property is in a motor

vehicle, terminal, warehouse or other place, for which losses or damages the

Principal may be held legally liable, then this obligation shall be void,

otherwise it shall remain in full force and effect.

The liability of the Surety for the limits hereinafter provided shall be a

continuing one notwithstanding any recovery hereunder, and extends to such

losses or damages regardless of whether the motor vehicles, terminals,

warehouses, and other facilities used in connection with the transportation

service of the Principal are specifically described herein or not, and

whether occurring on the route or in the territory authorized to be served by

the Principal or elsewhere.

The liability of the Surety for any such loss or damage shall be the limits

prescribed in the laws of such State and the rules and regulations of the

Department governing the filing of surety bonds, which were in effect at the

time this bond was executed, and will be a continuing one notwithstanding any

recovery hereunder.

This bond is effective from ____________(12:01 A.M., standard time, at the

address of the Principal as stated herein) and shall continue in force until

terminated as hereinafter provided. The Principal or the Surety may at any

time terminate this bond by written notice to the Department, such

termination to become effective not less than thirty (30) days after actual

receipt of said notice by the Department.

The Surety shall not be liable hereunder for the payment of any of the losses

damages hereinbefore described which arise on property coming into the

possession of the Principal in connection with its transportation service

after the termination of this bond as herein provided, but such termination

shall not affect the liability of the Surety hereunder for the payment of any

such losses or damages arising on property coming into the possession of the

Principal in connection with its transportation service prior to the date

such termination becomes effective.

IN WITNESS WHEREOF, the said Principal and Surety have executed this

instrument on the ____________ day of ____________________, 19___.

____________________________________________________

(Principal)

BY _________________________________________________

(Affix Corporate Seal) ________________________________________________________

(Surety)

____________________, ______________________________

(City) (State)

By _________________________________________________

Countersigned at ____________________ this __________ day of __________ 19___

Bond No. ______________________________________________________________________

(Registered Resident Agent)

-------------------------------------------------------------------------------

This form determined by the National Association of Regulatory Utility

Commissioners, and promulgated by the Federal Highway Administration pursuant

to the provisions of Section 202(b)(2) of the interstate Commerce Act (49

U.S.C., Sec. 302(b)(2)).

FORM K UNIFORM NOTICE OF CANCELLATION OF MOTOR CARRIER INSURANCE POLICIES (Executed in triplicate)

Check type cancelled: BI and PD __________ Cargo __________

Filed with ______________________________(hereinafter called Department)

(Name of Department)

This is to advise that under the terms of a policy or policies issued to:

_______________________________________________________________________________

(Name of Motor Carrier)

of ____________________________________________________________________________

(Address of Motor Carrier)

by ____________________________________________________________________________

(Name of Company)

of ____________________________________________________________________________

(Address)

said policy or policies, including any and all endorsements forming a part

thereof or certificates issued in connection therewith, is (are) hereby

cancelled effective as of the day of , 19 , 12:01 A.M., standard time at the

address of the insured as stated in said policy or policies provided such

date is not less than thirty (30) days after the actual receipt of this

notice by the Department.

________________________________________

(Signature of Insurer)

Insurance Company File No. ______________________________

(Policy No.)

-------------------------------------------------------------------------------

This form determined by the National Association of Regulatory Utility

Commissioners and promulgated by the Federal Highway Administration pursuant

to the provisions of Section 202(b)(2) of the Interstate Commerce Act (49

U.S.C., Sec. 302(b)(2)).

FORM L UNIFORM NOTICE OF CANCELLATION OF MOTOR CARRIER SURETY BONDS (Executed in Triplicate)

Check type cancelled: BI and PD __________ Cargo __________

Filed with ______________________________ (hereinafter called Department)

(Name of Department)

This is to advise that, under the terms of surety bond(s) executed in behalf

of:

_______________________________________________________________________________

(Name of Principal)

of ____________________________________________________________________________

(Address)

by_____________________________________________________________________________

(Name of Surety)

of_____________________________________________________________________________

(Address)

said bond(s) including any and all riders or certificates attached thereto or

issued in connection therewith, is(are) hereby cancelled effective as of the

____________ day of ____________, 19___, 12:01 A.M. standard time at the

address of the Principal as stated in said bond(s) provided such date is not

less than thirty (30) days after the actual receipt of this notice by the

department.

________________________________________

(Signature of Principal or surety)

Insurance company File No. ______________________________

(Policy No.)

-------------------------------------------------------------------------------

This form determined by the National Association of Regulatory Utility

Commissioners and promulgated by the Federal Highway Administration pursuant

to the provisions of Section 202(b)(2) of the Interstate Commerce Act. (49

U.S.C., Sec. 302(b)(2)).

SUBARTICLE 11.

INTERNATIONAL FUEL TAX AGREEMENT (IFTA) REGULATIONS

38-480. Trip Permits.

The Department shall issue trip permits to motor carriers who operate IFTA qualified motor vehicles but opt to operate without an IFTA license or decal. This permit must be maintained in the vehicle to which it is issued. The trip permit shall be effective for a ten (10) day period and cost fifteen ($15.00) fifteen dollars per permit.

38-481. Reciprocal Agreements with Foreign Jurisdictions.

The Department may enter reciprocal agreements with foreign jurisdictions who are not members of the International Fuel Tax Agreement.

38-482. Posting of Bond When Tax Payment Past Due.

The Department may require IFTA licensees post a bond when tax returns and payments are not submitted in a timely manner. This bond shall be determined by the Department on an individual carrier basis and shall be in proportion to the taxes owed to the Department.

SUBARTICLE 12.

INTERNATIONAL REGISTRATION PLAN (IRP) REGULATIONS

38-500. Seventy-Two Hour Trip Permits.

The Department shall issue a seventy-two (72) hour trip permit at a cost of fifteen ($15.00) dollars to out-of-state carriers who are not registered under IRP, but wish to operate IRP qualified motor vehicles intrastate and/or interstate in South Carolina.

38-501. Late Fine Charges.

The Department shall charge a fine of twenty ($20.00) dollars per vehicle to carriers who opt for partial payment and fail to pay their final installment in a timely manner.

38-502. Temporary Authorities or Permits.

Temporary authorities or temporary operating permits shall be issued in order for motor carriers to begin operations without delay. Temporary authorities shall be issued for new accounts, added vehicles, added jurisdictions, increases in weight, duplicate cab cards and replacement license plates. No temporary authority shall be issued to a motor carrier with outstanding fees due to the Department.

38-503. Renewal Applications.

All renewal applications must be submitted by mail for invoicing. Carriers who have received an invoice may obtain license plates by mail or over the counter at the Motor Carrier Services office.

ARTICLE 7.

HIGHWAY PATROL

SUBARTICLE 1.

WRECKER REGULATIONS

(Statutory Authority: 1976 Code Sections 23-6-20 and 23-6-400 et seq.)

38-600. Regulation of Wrecker Services.

The following regulations shall be followed by all wrecker services utilized by the South Carolina Department of Public Safety.

A. GENERAL

1. No commissioned South Carolina Department of Public Safety employee will hold any financial interest of any form in any wrecker service.

2. No commissioned South Carolina Department of Public Safety employee will recommend any wrecker service to the owner or driver of a wrecked or disabled vehicle during the performance of their duties.

B. QUALIFICATION CRITERIA

1. All wreckers shall have appropriate safety equipment, fire extinguishers, warning devices, flash lights and all other equipment necessary to protect the motoring public and be equipped with amber flashing lights visible in all directions for a distance of 500 feet in normal sunlight. Such equipment shall be maintained in good working order. All authorized amber flashing lights shall be activated and wrecker operators shall wear reflective traffic safety vests while performing recovery operations or when circumstances are such that the vehicle(s) being transported create a potentially hazardous condition for other motorists.

2. Each wrecker service on the rotation list must place a sign on the driver and front passenger door of each of its wreckers indicating the company name, address, and telephone number of the zone to which it is assigned. This sign shall be painted on the doors of the wrecker or otherwise permanently affixed to the doors. The letters of the sign must be no less than two inches high. If the wrecker is registered in a name other than that of the wrecker service, the owner's name must also appear on the doors in letters no less than one inch high. All lettering on wreckers shall be plainly visible and shall be in a color that contrasts to that of the wrecker.

3. Each wrecker service on the rotation list must place a sign on the exterior of its business location clearly visible indication the company name, telephone number, and business hours.

4. Each wrecker service on the rotation list shall carry liability insurance on its wreckers and its premises in an amount not less than Three Hundred Thousand and no/100 ($300,000.00) Dollars for a class A wrecker, Five Hundred Thousand and no/100 ($500,000.00) Dollars for a class B wrecker and Seven Hundred Fifty Thousand and no/100 ($750,000.00) Dollars for a class C wrecker.

5. Each wrecker service on the rotation list shall carry insurance that covers vehicles, cargo, and other property in or on the vehicle during transit in an amount of not less than Seventy Five Thousand and no/100 ($75,000.00) for a class A wrecker, One Hundred and Fifty Thousand and no/100 ($150,000.00) for a class B wrecker and Two Hundred Fifty Thousand and no/100 ($250,000) for a class C wrecker.

6. Each wrecker service on the rotation list shall carry garage keeper's liability insurance covering customer's vehicles in an amount not less than One Hundred Thousand and no/100 ($100,000.00) for a class A wrecker, Two Hundred Thousand and no/100 ($200,000.00) for a class B wrecker and Two Hundred Thousand and no/100 ($200,000.00) for a class C wrecker.

7. Each wrecker owned by any wrecker service on a rotation list shall be equipped with a towing log. The towing log shall be maintained by the wrecker service and shall accurately reflect all towing done by the wrecker service at the request of the South Carolina Department of Public Safety. The South Carolina Department of Public Safety shall design the wrecker log format. Each wrecker service owner shall be responsible for producing this towing log upon request by a Department of Public Safety Inspector.

8. Wrecker operators must display professional behavior when conducting business at the request of the South Carolina Department of Public Safety.

9. Wrecker services and operators shall be familiar with and shall comply with the laws regarding solicitation from the highway. (Section 56-5-3180 of the South Carolina Code of Laws)

10. A new rotation list will be created each calendar year. A wrecker service desiring to be on the rotation list in the next year must apply in writing by October 1^st and be inspected and qualified prior to December 31^st. On December 31^st of each year the Department of Public Safety will publish the wrecker rotation list to be effective January 1st of the following year.

11. A wrecker service not currently on the South Carolina Department of Public Safety wrecker rotation list and desiring to be added may apply in writing at any time but must first be inspected and qualified.

12. A wrecker service that fails to pass inspection and qualification as prescribed by regulation will be notified of the deficiencies. When the wrecker service corrects the deficiencies, it may request a new inspection.

C. WRECKER SERVICE ROTATION LIST/RESPONSIBILITIES

1. Each Highway Patrol Troop will establish zones for towing, and a wrecker rotation list will be prepared for each zone. A wrecker service requesting to be on the rotation list for a particular zone must physically have a business within that zone. The wrecker to be used for that zone must be housed at that location during normal business hours... "Normal business hours" or "business hours" as used in this regulation means at least from 8:30 a.m. to 5:00 p.m., Monday through Friday and additional hours designated and posted by the company. The vehicle towed must be towed to the same business location where the wrecker is housed during normal business hours, unless the vehicle owner or operator requests that the vehicle be towed to another location. Normal business hours must be clearly posted. Storage lots are not considered as a separate business. A wrecker service or owner can only be on the list one time in any zone. There will only be one telephone number for one wrecker service at any one address on rotation. Pagers and cellular phones are not acceptable. A wrecker service must immediately notify the Highway Patrol upon change of address or telephone number.

2. Separate rotation lists will be maintained for each category of wreckers. When the services of a categorized wrecker are needed and when the owner or driver of the vehicle to be towed has no preference as to which wrecker service he/she desires, a wrecker will be called from the appropriate wrecker rotation list. The investigating officer will use his/her discretionary authority to deny request for specific wrecker service whenever the request will delay the timely restoration of safe traffic movement.

3. The wrecker service must have a wrecker of sufficient size and strength to handle the job. The South Carolina Department of Public Safety will have the right not to call a wrecker service that, in its opinion, fails to meet this qualification for a specific job. Under these conditions, the wrecker service not called will remain on the top of the rotation list.

4. Wreckers shall respond only upon the request of the Department of Public Safety.

5. Wrecker services will be called from the rotation lists in the order in which they appear on the lists. If a particular wrecker service is unavailable when called, it will be passed over and the next wrecker service on the list will be called to the scene.

6. Wrecker services shall be located within the established wrecker zone available to the South Carolina Department of Public Safety to respond to rotation calls as well as request by the Department for the immediate release of personal property on a twenty-four hour, seven day a week basis. The wrecker service location shall have an agent present during business hours and at the request of the owner of the towed vehicle or his designee, the wrecker service must immediately release personal items such as medicines, medical equipment, keys, clothing, and tools of the trade, child restraint systems and perishable items. The wrecker service shall also be available for the release of the towed vehicle to the vehicle owner or vehicle owner's designee on a reasonable after-hours basis, including weekends. Should there be a dispute between the vehicle owner or the vehicle owner's designee and the wrecker service regarding any storage fees or charges, the vehicle owner or the vehicle owner's designee must provide the wrecker service written notification of the dispute. If the dispute is settled in favor of the wrecker service then the owner of the towed vehicle is liable for all charges which accrued pending the resolution. The wrecker service must cease any storage charges that would otherwise accrue from the time the wrecker service receives written notification of the dispute until the dispute is settled. Upon release of the vehicle, the wrecker service shall provide an itemized statement of all charges. If the vehicle owner is not available to sign a release, the wrecker service must release the vehicle to the owner's insurer or to the owner's designee.

7. The wrecker service must be willing to accept collect calls from the South Carolina Department of Public Safety. If a call is refused or unanswered, the wrecker service will lose that rotation call.

8. When a wrecker service or wrecker driver is unable to answer a call, the Patrol shall be promptly notified of the reason for the unavailability. A wrecker service or driver cannot refuse a call without prior notification of unavailability or without just cause.

9. Unless the owner or driver of a vehicle is incapacitated or unavailable, the investigating officer at the scene will make a determination of the owner or driver's preference of a wrecker service. The investigating officer will use his/her discretionary authority to deny request for a specific wrecker service whenever the request will impair the timely restoration of safe traffic movement. In the event the owner or driver of the vehicle does not have a preference or preference cannot be determined, the investigating officer will utilize a wrecker from the rotation list. The wrecker service responding to such call shall provide the vehicle operator with a card containing the wrecker service name, address, telephone number and business hours.

10. A wrecker service shall respond, under normal conditions, in a timely manner not to exceed 45 minutes. Failure to respond in a timely manner may result in a second rotation wrecker being requested. If the second wrecker is requested before the arrival of the first rotation wrecker, the initially requested wrecker will forfeit the call and will immediately leave the collision/incident scene.

11. A wrecker service may respond with a wrecker of a higher class than requested. However, wrecker service is limited to the rates of the requested classification.

12. It shall be the responsibility of the wrecker service to perform a general clean-up of the accident area before leaving the scene of any accident. This responsibility requires the wrecker service to remove all debris such as broken glass, liquids, and materials from an accident area by sweeping up such debris and removing this material from the scene in a garbage can-type container on each wrecker. All wreckers shall be equipped with brooms, shovels, commercial absorbent and all other equipment necessary to fulfill this responsibility.

13. Each wrecker service shall be responsible for securing personal property in a vehicle at an accident scene. The wrecker service shall be responsible for preserving personal property in a vehicle towed from an accident scene.

14. The wrecker service shall maintain the towed vehicle in a safe storage area in a manner that would prohibit further damage and ensure protection of personal property. This may be a locked building or a secured fenced-in area where the stored vehicles and other property will not be accessible to the public. Wrecker services may charge a daily storage fee, commencing 12 hours after the vehicle is towed to the storage area and terminating when the vehicle owner or vehicle owner's designee offers or attempts to pick up the vehicle and offers to pay the wrecker service's legitimate accrued charges.

a. Outside storage facilities must be sufficiently lighted, fenced, and locked for protection of vehicles and property.

b. Fencing around storage facilities must be of adequate size to discourage theft of vehicles and property stored within, and may not be less than six feet in height.

c. Inside storage, covers, tarpaulins, or other devices must be available for protection of vehicles or personal property.

15. A wrecker service may secure assistance from another wrecker service when necessary to complete the recovery; however, this does not supersede paragraph 3 of this section nor does it permit wrecker services to accept a rotation call and dispatch the call to secondary wrecker services. Only one bill is to be submitted to the owner or operator for the work performed.

16. Motorist utilizing the South Carolina Department of Public Safety Wrecker Rotation List will have the option of paying by major credit card. The wrecker service may request, prior to dispatching, if the motorist intends to pay by major credit card. If the wrecker service does not accept major credit cards, the next wrecker or towing service that does accept credit cards will be utilized. Any wrecker or towing service called that does not accept credit cards will remain on the top of the rotation list.

D. COMPLAINTS/DISCIPLINARY PROCEDURES

1. Complaints from or about wrecker services regarding an incident involving the Highway Patrol or its operation of the wrecker lists must be received within thirty days of the alleged incident. Complaints should be directed to the Captain of the Troop where the incident occurred. Complaints will be forwarded along with a report to the Colonel, or his designee, at Patrol headquarters. An appeal from the decision of the Troop commander should be made to the Colonel of the Highway Patrol.

2. The Department will enact a Wrecker Rotation Disciplinary Policy setting out the procedures for enforcing this regulation.

3. Failure of any wrecker service to comply with this regulation will result in disciplinary action in accordance with the South Carolina Department of Public Safety Wrecker Rotation Disciplinary Policy.

4. If the Department has reason to believe that a wrecker service has failed to remain in compliance with qualification criteria set out in Section B, that the non-compliance continues, and that the non-compliance will be detrimental to the public, the Department may initiate immediate suspension procedures in accordance with the South Carolina Administrative Procedures Act.

5. An advisory committee, consisting of experts in the towing and towing related industries, will be created to review, upon request by the Department, complaints specific to the terms and conditions of this regulation. The advisory committee will be limited to reviewing specific issues raised in a complaint or appeal and making recommendations regarding the validity of the complaint as well as a fair and reasonable resolution. Advisory committee recommendations will not supercede Department of Public Safety policy nor will the committee make recommendations regarding disciplinary action for Department of Public Safety employees.

6. The advisory committee will be comprised of the following members:

a. A Highway Patrol Major who will act as chairman.

b. A Captain or higher-ranking member of the South Carolina State Transport Police (STP) appointed by the STP Colonel.

c. A member of the South Carolina Trucking Association appointed by the association.

d. A member of the South Carolina Towing and Recovery Association appointed by the association.

e. Insurance.

f. A representative from the SCDPS Office of General Counsel will act as a non-voting advisor.

7. All members of the advisory committee will serve for a period of one year beginning January 1^st and ending December 31^st. Members may serve consecutive terms. A quorum will be a majority of the voting members present.

E. WRECKER CLASSIFICATION

1. Class A: Light Duty Wrecker

Class A Wreckers, for towing vehicles weighing seven thousand (7,000) pounds or less, (passenger cars, pickup trucks, motorcycles, small trailers, and similar vehicles) shall meet the following minimum requirements:

a. Conventional Wrecker

(1) Minimum gross vehicle weight rating (GVWR) of not less than ten thousand (10,000) pounds.

(2) Individual boom capacity of not less than eight thousand (8,000) pounds as rated by the manufacturer.

(3) Individual PTO or hydraulic power winch capacity of not less than eight thousand (8,000) pounds as rated by the manufacturer with at least one hundred (100) feet of three-eighths (3/8) inch cable drum.

(4) A manufactured wheel-lift with a retracting lifting capacity of not less than three thousand five hundred (3,500) pounds as rated by the manufacturer, with safety chains.

(5) Come-A-Longs, chains, or other similar devices shall not be used as substitutes for winch and cable.

(6) Dual rear wheels.

(7) Additional safety equipment as specified by the regulations.

b. Rollback Wrecker

(1) Minimum gross vehicle weight rating (GVWR) of not less than eleven thousand (11,000) pounds.

(2) Must have at least an eight thousand (8,000) pound winch as rated by the manufacturer with at least fifty (50) feet of three-eighths (3/8) inch cable or larger.

(3) Come-A-Longs, chains, or other similar devices shall not be used as substitutes for winch and cable.

(4) Additional safety equipment as specified by the regulations.

2. Class B: Medium Duty Wrecker

Class B Wreckers, for towing vehicles weighing between seven thousand one (7,001) and seventeen thousand (17,000) pounds or multiple vehicles weighing seven (7,000) pounds respectively (medium-sized trucks, road tractors/trailers and similar vehicles), shall meet the following requirements:

a. The tow truck chassis shall have a minimum gross vehicle weight rating (GVWR) of not less than twenty two thousand (22,000) pounds.

b. Must have at least a twelve-ton boom assembly as rated by the manufacturer.

c. Two winches, each of ten thousand pound capacity or more as rated by the manufacturer.

d. A manufactured wheel-lift with a retracting lifting capacity of not less than six thousand five hundred pounds as rated by the manufacturer, with safety chains.

e. Come-A-Longs, chains, or other similar devices shall not be used as substitutes for winch and cable.

f. Additional safety equipment as specified by the regulations.

3. Class C: Heavy Duty Wrecker

Class C Wreckers, for towing vehicles in excess of seventeen thousand pounds (large trucks, road tractor/trailers and similar vehicles), shall meet the following minimum requirements:

a. Truck chassis having a minimum gross vehicle weight rating (GVWR) of not less than forty six thousand pounds.

b. Tandem axles or cab to axle length of not less than one hundred two inches.

c. A single or double boom with a capacity of not less than fifty thousand pounds as rated by the manufacturer.

d. A single winch with a capacity of fifty thousand pounds as rated by the manufacturer or an individual power winch capacity of not less than twenty-five thousand pounds as rated by the manufacturer and a total rating with both winches of fifty thousand pounds.

e. A manufactured wheel-lift with a retracting lifting capacity of not less than twelve thousand pounds as rated by the manufacturer, with safety chains.

f. One hundred fifty feet of five-eighths inch cable or larger, plus fifty feet of five-eighths inch drop cable.

g. Airbrakes constructed so as to lock wheels automatically upon failure.

h. Light and air brake hookups.

i. Come-A-Longs, chains, or other similar devices shall not be used as substitutes for winch and cable.

j. Additional safety equipment as specified by the regulations.

F. RATES

1. Only wrecker services on the South Carolina Department of Public Safety wrecker rotation list shall be subject to these regulations governing fees.

2. Fees charged for rotation list calls shall be reasonable and not in excess of those rates charged for similar services provided in response to requests initiated by any other public agency or private person. The reasonableness of the fees charged will be determined in the following manner:

a. A wrecker service shall submit proposed fees along with its annual application. Separate fee schedules shall be submitted for each class of wrecker, and, for each class, the fee for standard towing, heavy-duty towing, storage, and special operations.

(1) A standard tow is defined as responding to the scene, hooking up the vehicle, performing a general clean up if the call involves responding to a collision scene and providing responsible assistance to the owner to get to a safe location.

(2) Special operations are operations involving the process of uprighting an overturned vehicle or returning a vehicle to a normal position on the roadway which requires the use of auxiliary equipment due to the size or location of the vehicle and/or the recovery of a load which has spilled, or the off-loading and reloading of a load from an overturned vehicle performed to right the vehicle.

b. The Troop commander will determine the reasonableness of the fees based upon the average of the proposed fees submitted and a comparison of that Highway Patrol Troop's industry standards, by wrecker zone, for similar operations.

c. A copy of the approved fees will be kept in the wrecker at all times. It will be presented upon request to the person for whom the tow services were provided, their agent, any Department of public Safety officer at the scene, or any Department of Public Safety supervisor who is inspecting the wrecker or wrecker service.

d. A wrecker service shall submit proposed fees with the annual application.

e. Failure to submit proposed fees with the annual application will result in utilizing the last proposed fees submitted.

f. Wrecker services that submit fees that are determined to be excessive or unreasonable will be notified and allowed to resubmit fees within five business days of notification. A wrecker service will be allowed to resubmit fees once. Failure to resubmit reasonable fees will disqualify the wrecker service from the Highway Patrol rotation list until January 1^st of the following year.

3. The Troop commander will complete a review of the fees for Highway Patrol rotation wrecker services for the Troop during inspection and qualification to determine its validity and reasonableness.

Validity will be based upon telephone quotes, posted rates, charges to retail customers, etc. Reasonableness will be determined as compared to other rates.

4. Wrecker services may lower rates at any time and may raise rates for non-Department of Public Safety calls at any time.

SUBARTICLE 3.

WINDOW TINTING

(Statutory Authority: South Carolina Code of Laws Section 23-6-10, et seq.)

38-610, 38-620. Repealed by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.

38-610, 38-620. Repealed by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.

38-621. Installer to Apply Non-Transferrable Approval Certificate.

The installer of sunscreening film (whether a consumer or professional window tinter) must apply a certificate of compliance (not to exceed 2" square) between the film and the glazing (glass) on the lower left corner of each glazing surface as viewed from the outside of the vehicle. This sticker must be furnished by the professional window tinter or the retail store selling to a consumer who will install the product himself or have the product installed by someone other than a professional window tinter. This certificate must contain the percentage of light transmittance allowed by the material and must identify the installer or retailer by name, address and telephone number, and the date of installation.

38-630 to 38-670. Repealed by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.

38-630 to 38-670. Repealed by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.

ARTICLE 9.

IN-CAR CAMERA VIDEOTAPING EQUIPMENT

(Statutory Authority: 1976 Code Section 56-5-2953)

38-900. Definitions.

For this Article only, the following terms as hereby defined:

A. "Agency" means a state agency, sheriff's office, police department, or other law enforcement entity that has law enforcement vehicles used for traffic enforcement.

B. "Department" means the South Carolina Department of Public Safety.

C. "Videotaping equipment" means the visual and audio equipment and related hardware purchased pursuant to the provisions of S.C. Code Ann. 56-5-2953 and these regulations.

38-901. Installation and Maintenance of Videotaping Equipment in Traffic Enforcement Vehicles.

A. Regulations in this Article apply to videotaping equipment installed pursuant to S.C. Code Ann. 56-5-2953 and to videotaping equipment purchased with funds collected under S.C. Code Ann. 56-1-286 and S.C. Code Ann. 56-5-2951 for the purpose of supplying and maintaining vehicle videotaping equipment to the Department, as well as all grant funds received by the Department for the purchase and maintenance of such equipment.

B. Videotaping equipment purchased with the funds identified in State Regulation 38-901(A) will be installed in law enforcement vehicles used for traffic enforcement in a manner determined solely by the Department. The Department will prioritize distribution of videotaping equipment based on a county's DUI activity, and must distribute the equipment in a manner designed to ensure that the equipment goes first to those law enforcement agencies that have the highest volume of DUI enforcement activity. The Department must recommend to individual law enforcement agencies that officers who have the highest number of DUI arrests be given priority for receipt of the videotaping equipment.

C. The Department will establish procedures for use in designated service centers to install, maintain, or modify the videotaping equipment. These designated service centers, specified by the Department, will solely be responsible to the actual work of installing, maintaining, and modifying the videotaping equipment. Each agency receiving videotaping equipment under this Article is responsible for insuring that required maintenance of the videotaping equipment is conducted in a prompt and timely fashion.

D. At the time of installation, the Department will provide one case of videotapes with each camera to the agency receiving the videotaping equipment. No other tapes will be provided to the agency under this Article.

E. Each designated service center must maintain records required by the Department detailing the history of the service and/or repair of each piece of videotaping equipment.

38-902. Inventory of Videotaping Equipment.

A. All videotaping equipment installed pursuant to these regulations and S.C. Code Ann. 56-5-2953 shall remain the property of the Department to insure proper inventory of equipment. Each agency is required to take reasonable care of the videotaping equipment while it is in the agency's possession.

B. When videotaping equipment is installed, it will be marked for inventory purposes.

C. Each agency receiving videotaping equipment pursuant to these regulations and S.C. Code Ann. 56-5-2953 must, at a reasonable time and place and as deemed necessary by the Department, make available to the Department for inventory purposes every law enforcement vehicle that has had videotaping equipment installed.