South Carolina Code § 103-886. — Emergency Procedures.
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(Unannotated)
Current through State Register Volume 29, Issue 10, effective October 28, 2005.
This regulation database is current through State Register Volume 29, Issue 10, effective October 28, 2005. Changes to the regulations enacted by the 2006 General Assembly, which will convene in January 2006, will be incorporated as soon as possible. Some regulations approved by the 2006 General Assembly may take immediate effect. The State of South Carolina and the South Carolina Legislative Council make no warranty as to the accuracy of the data, or changes which may have been enacted since the 2005 Regular Session or which took effect after this database was prepared and users rely on the data entirely at their own risk.
(Statutory Authority: 1976 Code Sections 58-3-140, 58-23-10, 58-23-590, 58-23-1010, and 58-23-1830)
All railroad companies, operating in South Carolina as common carriers, shall be required to have printed in large type and kept posted in a conspicuous place in each waiting room at their depots in South Carolina, the following notice:
NOTICE
All railroad companies are required, under the laws of South Carolina and the rules of the Public Service Commission, to bulletin trains when late, to furnish good, wholesome drinking water to passengers, to keep waiting rooms and passenger coaches clean, well lighted, properly ventilated, and comfortably heated when necessary.
The Public Service Commission of South Carolina would appreciate the prompt reporting to its office at Columbia, S. C., of the failure of any company or its agents to comply with these requirements.
At junction points, railroad companies shall be required to open their depot waiting rooms for the accommodation of the traveling public at least thirty minutes before the schedule time for their arrival of all passenger trains, or trains carrying passengers.
At local, or non-junction points, all such waiting rooms shall likewise be opened: Provided, That the same shall not be required to be opened, nor kept open, after 10 o'clock p. m., except for delayed trains due before that hour, in which case such rooms shall be kept open until the actual arrival of such delayed trains.
Pursuant to Section 58-17-3080, S. C. Code 1976.
A waiting room for passengers, sufficient for their comfort and convenience, shall be provided at all stations where passenger tickets are offered for sale, and these waiting rooms shall be furnished with adequate lights, and, when the inclemency of the weather requires, with heat, and at all times kept clean and made comfortable for passengers.
A substantial water cooler must be in each waiting room with drinking vessel conveniently placed. The said cooler to be supplied with wholesome water at all hours to meet the requirements of passengers. There shall be connected with each of these waiting rooms whenever practicable, except at flag stations on the railroad lines where there is no regularly kept passenger station, two separate and distinct restrooms, one for female passengers and one for male passengers and said restrooms shall be kept in fit and suitable condition for use and convenience of said passengers. Such toilets will be considered and open into or near the waiting rooms so as to afford a reasonable privacy to passengers.
Pursuant to Section 58-17-3080, S.C. Code 1976.
On all passenger trains, or trains carrying passengers in this State, the railroad companies shall furnish safe and adequate heating appliances and lights, and shall keep the passenger coaches clean, sufficiently warm, and properly ventilated for the comfort of passengers. All passenger coaches, including closets, after reaching their destination and before being put in service for further use, must be thoroughly cleaned and disinfected.
All railroad companies shall provide such means or appliances as may be necessary to secure the careful handling of and prevent injury to baggage. At all stations where no proper appliances are supplied, the baggagemaster shall have such assistance from the train hands or others as may be necessary to handle all baggage without injury to same. That at all junctional points and all towns of over 500 inhabitants, sufficient trucks be furnished to both load and unload baggage.
Pursuant to Section 58-17-3140, S. C. Code 1976.
Whenever any passenger train or train carrying passengers on any railroad in this State shall be more than one-half of an hour behind its schedule time, it shall be the duty of said railroad company to bulletin, and keep posted at every telegraph station along its line, in the direction in which said train is going, the time such train is behind its schedule time, and the time of its arrival, as near as can be ascertained.
Each bulletin board upon which the foregoing information is to be posted shall contain the regular schedule of the arrival and departure of all trains carrying passengers.
All notices as to trains behind schedule time shall be erased from the bulletin immediately after the departure of such trains.
Such bulletin shall be changed every quarter-hour until delayed train arrives.
Notices of any change in the schedule time of passenger trains, or trains carrying passengers, must be posted conspicuously at each of the stations along the line of the road, and notice to the Commission be given in writing at least eight days before the change is to take effect; said notice to also be published in two issues of newspapers at least eight days before the change is made: Provided, Freight trains carrying passengers and running between local stations may be excepted from this rule by proper showing before this Commission when said train is not advertised in published schedules as carrying passengers.
Every railroad corporation shall cause immediate notice of any accident which may occur on its road, attended with injury to any person, to be given to the Public Service Commission, by telegraph, telephone or such other means as may be the quickest under the circumstances, at the same time that notice is given the officials of the road on which the accident occurred, and shall furnish immediate transportation for the Commissioners over its line to the place of accident free of expense to the Commissioners, and if the Commissioners use another railroad to reach the place of accident, the corporation on whose line the accident occurs shall pay the expense of transportation thereon, and shall also give notice in like manner of any accident falling within any description of accidents of which said Commissioners may by general regulation require notice to be given.
Also, every railroad corporation upon whose line any accident may occur, attended with injury to any person or persons, is, in all such cases, required to immediately notify the most accessible physician or physicians, by quickest possible means, of place of accident and require the giving of such medical or surgical attention as the case or cases may require.
Pursuant to Sections 58-17-3440 and 58-17-3450, S.C. Code 1976.
Each and every depot, flag stop, station, office and agency, now maintained, conducted or used in South Carolina by any railroad, express or telegraph company doing business in this State, for the transaction of business with the public is hereby formally established and located at the point and on the premises where the same is now being so maintained and conducted. No such depot, flag stop, station, office or agency, as aforesaid, now established, or that hereafter may be established, pursuant to orders made by the Commission, or voluntarily by such company, or otherwise, shall be closed, removed, suspended, discontinued or abolished without authority granted by the Public Service Commission. Written application shall be made to the Public Service Commission for authority to post notice to the public setting forth the fact that thirty days from date of said notice application for such closing, removal, suspension, discontinuance or abolition will be made to the Public Service Commission. Said notice to the public shall be posted in a conspicuous place at or near such depot, flag stop, station, office or agency, for not less than thirty (30) days, and a copy of such notice sent to the Public Service Commission. At the expiration of that time, unless protest has been received from the public by the Public Service Commission and the company so notified, then formal application may be made to the Public Service Commission for authority to close, remove, suspend, discontinue or abolish such depot, flag stop, station, office or agency as the case may be. Should protest be received, the Public Service Commission will notify the company involved, who may, if desired, ask for a formal hearing in the matter, and the Commission may order such hearing if, in its judgment, it is necessary.
All of the various kinds of tickets that may be on sale at any and all other offices of a given railroad company, in any given town or city, shall likewise be kept on sale at the depot ticket office of such railroad company in such town or city, at the same prices.
There shall be no unjust discrimination as to passenger rates in favor of or against any individual or locality; Provided, however, That this rule shall not be so construed as to prevent railroad companies issuing commutation, excursion or mileage tickets as the same are now issued.
Pursuant to Section 58-17-1980, S. C. Code 1976.
Whenever there is, by reason of accident or otherwise, a break or obstruction on any railroad in this State, which will delay any passenger train on said road, it shall be the duty of said road to have the same bulletined at all stations at and between the said passenger train and the place so obstructed, and the conductor shall give notice of said obstruction to the passengers in the cars, before leaving the station, and the delay that will probably be caused by the same.
Each railroad company shall file in the office of the Commission quarterly reports, on or before the last day of the month following the quarter for which the report is made, showing fully and in detail the revenues and expenses of such company during the reporting quarter and cumulatively for the year.
Each railroad company, railroad terminal company, or express agency employing rail services and facilities, shall, on or before the thirty-first day of March of each year file in the office of the Commission an annual report, duly sworn to, showing fully and in detail the operations of such company or agency during the preceding fiscal year, to-wit: From January the first to December the thirty-first, both inclusive.
All of said reports shall be rendered on, and in accordance with, the printed forms that the Commission will prescribe and furnish for that purpose.
In addition to the foregoing, each of said companies or agencies shall furnish such other reports and information as the Commission may require from time to time.
Furthermore, it shall be the duty of each of said companies or agencies to produce, for the inspection of the Commission, any and all books, papers, contracts, agreements and other original records, of any character whatsoever, that may be in possession of said company or agency, or within its power, custody or control, or copies, thereof, as may be demanded and designated by the Commission.
All passenger trains operated in this State shall, at all stations where such trains stop, either upon flag or regular schedule, be brought to a standstill with such relation to the waiting-rooms of the station building, or other passenger facilities at said station, as will render egress from and ingress to said trains most practicable and convenient for the passengers, without reference to the convenient handling of baggage or other freight.
Pursuant to Section 58-17-3070, S. C. Code 1976.
No sleeping car, chair car, parlor car, dining car, or buffet car shall be operated on any line of railroad in South Carolina, when occupied by regular passengers holding proper transportation for the occupancy of such cars, unless such cars are continuously in charge of an employee or an authorized agent of the firm or corporation owning or operating same.
Pursuant to Section 58-17-2710, S. C. Code 1976.
All connecting railroads, doing business in this State, and under the management or control, by lease, ownership, association or otherwise, of one and the same person, firm, corporation or association, shall, for purposes of transportation, in applying freight and passenger tariffs, be considered as constituting but one and the same road, and the rate shall be computed as upon parts of one and the same road, unless otherwise specified by the Public Service Commission.
Pursuant to Section 58-17-2610, S. C. Code 1976.
All shipments moving locally by rail, between points in South Carolina are subject to rates, rules and regulations as adopted by the Public Service Commission of South Carolina, unless there is issued at the time of shipment at the place the shipment originates, or at the nearest agency station thereto, through interstate bill of lading to the final point of destination of the shipment, or such a bill of lading as may be exchanged for ship's bill of lading at a place of export.
(a) Joint freight rates are those ordered put in, or authorized, by the Public Service Commission of South Carolina, which rates shall only apply on shipments moving between two points in the State of South Carolina, over two or more railroad routes, not under the same management or control.
(b) In making combination rates between points in South Carolina where no joint rates are in effect, no railroad shall charge more than its maximum rates, less twenty per cent, except that in no case shall the total rate so made be less than the maximum mileage rate for the total short line distance.
(c) In making combination rates, where one or more of the factors are specific point to point or mileage rates lower than the maximum rates prescribed by the Commission and the other factor or factors is the maximum mileage rate, the factor or factors which is the maximum mileage rate is subject to a deduction of twenty per cent except that the total rate so made must not be less than the maximum mileage rate for the total short line distance. Where one or more of the factors are specific point to point rates, or mileage rates voluntarily established by the railroads lower than the maximum rates or scales, such rates will not be subject to a deduction of twenty per cent.
(d) "The maximum mileage rates" are the mileage rates (or scales) prescribed by the Public Service Commission of South Carolina.
(e) Fractions resulting in the deduction from the maximum mileage rate, as required by this rule, shall be disposed of in accordance with the provision of Rule No. 36 of the Uniform Freight Classifications, No. 12, and reissues thereof, before combining the factors which constitute the through rate.
Where there are two or more railroad lines between any two points in South Carolina, having through connections, the lowest freight rate established between such points shall be charged by the other lines accepting the freight for transportation between said points.
Ten miles has been fixed as the usual limit for a change of freight rates in South Carolina, but the railroads may, if they so desire for intermediate distances, adopt rates also intermediate between those given in the tables.
When the distance between stations ends in a fraction of a mile, such fraction, if .5 or over will be counted as a mile. If less than .5 such fraction will not be considered.
Stations not over two miles beyond the upper limits of ten-mile group may be included in such group. The Commission reserves the right, however, to correct the charge in extreme cases which work hardships, although the same may not violate the letter of its rules.
The rates fixed or authorized by this Commission are to be regarded as maximum rates, which the railroads shall not exceed, except when specifically authorized by rule or written consent of this Commission. The railroads may adopt lower rates with the consent of the Commission, but if they do so for one shipper or person, they must, for like service, apply the same reduction of rates for all other persons and if they fix less freight rates from one station, they shall make a corresponding reduction of the same per cent, at all stations along the line of road, so as not to discriminate against any person or locality except as provided in 103-25.
There shall be no discrimination by any railroad company chartered by this State in favor of or against any railroad company with which it may connect, but each road shall deal with all its connections at any one point on the same terms, and shall afford the like customary facilities for the interchange of freight between all of its connections at the same point, any contract, combination, joint ownership or management to the contrary notwithstanding.
No rebate, bonus, drawback or other advantage in any form shall be allowed, directly or indirectly, upon shipments made or service rendered to any person, but the rates shall be the same to all.
No railroad shall decline or refuse to transport any article proper for transportation.
Before any rate shall be affixed, established or changed by the Public Service Commission, the railroad company to be affected thereby shall have at least twenty (20) days' notice of the time and place when and where the matter of fixing or changing such rate will be considered by the Commission in session; and said railroad company shall be entitled to be heard at such time and place, to the end that justice may be done.
All authorities for rates issued by the Commission may be made effective at once, or as soon after date of issuance as possible, but in no case later than thirty (30) days after the date of the Commission's authority, unless otherwise specified.
Whenever there is a conflict between class and commodity rates, or between mileage rates and commodity rates, for the transportation of freight, between any two points in South Carolina the lowest rate in effect shall be charged.
No railroad shall, for any cause, subject any article of freight to unreasonable delay in receiving, delivering or forwarding the same.
Pursuant to Sections 58-17-2710, 58-17-2820, S. C. Code 1976.
Rates for the transportation of any article not included in the Freight Classification may be assessed as if upon the article most analogous to it in said classification.
Whenever in the judgment of the Public Service Commissioners it shall appear that repairs are necessary upon any railroad in this State, or that any addition to the rolling stock, or that any enlargement of, or improvement in, the stations or station houses, or any changes in the mode of operating the road and conducting its business, is reasonable and expedient, in order to promote the security, convenience and accommodation of the public, they shall give information in writing to the railroad company of the improvements and changes which they adjudge to be proper, and if said company shall fail, within sixty (60) days, to adopt the suggestion of said Commissioners, they will take such legal proceedings, as they may deem expedient.
Railroad companies shall adjust all freight charges promptly when shipments are delivered, and apply only the legal, published rates and classifications in effect at time shipment moved from point of origin.
Actual weights must be observed in settling charges, unless otherwise, provided for in classification.
If, after settlement is made, an overcharge appears, the railroad company collecting such overcharges shall make proper refund to shipper or consignee when demand is made and said overcharge is shown.
The charge for a less than carload shipment must not exceed the minimum charge for a minimum carload of the same freight at the same rating; provided the loading is done by the consignor and the unloading by the consignee; the charge for a car fully loaded must not exceed the charge for the same lot of freight being taken as a less than carload shipment.
Every railroad corporation operating in this State shall at all times, on request, furnish the Public Service Commissioners any information required by them concerning the condition, management and operation of its railroads.
Pursuant to Section 58-17-1640, S. C. Code 1976.
A carload shipment is a consignment of at least the specified minimum carload weight of one class of freight, at one time, by one consignor, from one point of consignment to one consignee, at one point of delivery.
A ton is 2,000 pounds unless otherwise provided.
Between points where rates are not provided for, the Commission will, on application of shipper, consignee, or railroad interested, make reasonable rates for immediate use, or to correct charges previously assessed for which no rates are published.
Railroads in this State are required to keep "posted" in all their stations copies of rate schedules with tables showing distances between all stations, applying on their respective roads. It shall be the duty of all such railroads to obtain as needed, from the Public Service Commission, all such schedule of rates, including such changes or revisions as may from time to time be made, and to "post" copies of same as required by law.
The railroads will not be required to regulate their charges for shorter distances by their proportion of through rates between terminal or junctional competitive points.
Pursuant to Section 58-17-2000, S. C. Code 1976.
All railroads in this State are required to erect within the time specified by the Commission union or other depots at such points as the travel and public interest shall in the judgment of the Commission justify.
Pursuant to Section 58-17-3090, S. C. Code 1976.
All railroads in South Carolina shall furnish the Public Service Commission complete time tables covering schedules of all regular trains carrying passengers over their respective roads; and shall furnish new time tables or schedules, whenever changes are made, as soon as such schedules are received from the printer.
Any consignee of coal or other articles to be delivered to him in carload lots by any common carrier at any point within the limits of this State where such common carrier maintains track scales or track scales are accessible, shall have the right to demand that such coal or other articles be reweighed before delivered to him by said common carrier, within forty-eight (48) hours after such demand to reweigh the same, and to deliver to such consignee a written or printed or partly written and partly printed statement, showing the true weight thereon, and that where track scales are accessible and whenever practicable, all railroad companies operating in South Carolina are required to weigh all loaded tank cars for shipment of oil on track scales at the station of the initial line, or at the oil mill where such cars are to be loaded and to weigh these cars on same scales when loaded, and issue Bill of Lading therefor with actual weight of the contents of each car inserted thereon. And that weight of cars may be accurately determined, each car shall be weighed separately and uncoupled at each end from other cars upon the request of consignee. Pursuant to Sections 58-17-2310, 58-17-2350, S. C. Code 1976.
At all non-agency stations the railroads shall load and unload all less than carload shipments. The consignor or consignee shall load or unload all carload shipments. When a shipper at a non-agency station desires to make a carload shipment the order for empty car shall be placed with the conductor or the agent of the railroad at the nearest station, and said car shall be set off on the siding designated, loaded by the shipper and Bill of Lading issued by the nearest agent of the railroad in the direction the car moves. When a carload shipment is consigned to a non-agency station, the freight charges on which are prepaid, the car shall be set off at that point and unloaded by the consignee. Railroads shall not leave less than carload freight at non-agency stations when there is no one there to receive it if the weather is such as to cause damage, but the same shall be carried to the nearest station for protection and returned at the proper time.
No railroad operating trains in South Carolina shall be allowed to handle any freight cars, loaded or empty, on a train that is operated as a first class passenger train, or shown as such in the published time tables of any railroad except by written permission of the Public Service Commission.
The rate on all movement of grains in South Carolina where grain in transit is stopped at intermediate points for cleaning and grading purposes shall be the present through rate from point of origin to destination, plus 20 per cent for each and every intermediate stop where cleaning and grading is to be done.
Shrinkage on all reshipments from cleaning points will be allowed.
The above rate is intended for an emergency rate.
Grain delivered at local markets for cleaning purposes cannot be substituted for grain in transit which is held at that point for cleaning.
Section 1. Wheat or corn may be shipped from railway stations in South Carolina.
Section 2. To milling points located on the railroads in South Carolina and milled and the product reshipped to stations in South Carolina under the following rules, viz.:
Section 3. Shipments of wheat or corn to be milled in transit must be filled to the milling point at full tariff rates.
Section 4. Original bills of lading and expense bills for wheat or corn (the product of which is to be reshipped), must be surrendered to the railroad's agent at milling point.
Section 5. These bills of lading and expense bills must be cancelled so as to prevent their use a second time.
Section 6. The agent at milling point must keep a ledger account with the mill, which should show the receipts of wheat or corn, and the shipments of each kind of milled product made thereunder.
Section 7. Waybills for the product from milling points must show the original point of shipment of the wheat or corn from which it is milled and the number and date of the waybill upon which it is received at the mill.
Section 8. When the conditions of these rules have been fully complied with the agent at the milling point is authorized to waybill shipments of milled products at the difference between the rate on the wheat or corn into the mill and the rate on the milled product for a distance equal to the sum of the distance from point of origin of the grain (from which milled), to the milling point, plus the distance from the milling point to destination of the milled product, as provided for in local tariff of all railroads.
For example, the agent at Rock Hill, S. C., has a shipment of flour in sacks milled from wheat received from a point 75 miles distant from Rock Hill, to be reshipped to a point 50 miles from Rock Hill. In this instance the total haul is 125 miles. The rate on the wheat into the mill is 19 cents, the rate on the flour in sacks (Class C) for a distance of 125 miles is 27 cents. Shipments should be waybilled from Rock Hill to destination at the difference between the rate on the grain into the mill and the rate on flour in sacks for the combined distance, or 125 miles which is 8 cents per hundred pounds.
All rules and regulations herein prescribed as applying to railroads are to be regarded as applying, with equal force and effect, to express companies doing business in this State: provided, such application is practicable and does not conflict with the laws of this State or of the United States, nor with the rules and regulations herein distinctly prescribed for the government of express companies.
All express companies in South Carolina are required to file with the Commission, to print and keep posted at each of their offices in this State, schedules of rates, classification and charges for the carrying of freight, which shall be opened during office hours to public inspection.
No change in express rates or classification shall be made until thirty (30) days' notice of such change has been filed or posted at all express offices or agencies in this State, and not until thirty (30) days' notice has been given the Commission and not until the consent of the Commission has been obtained.
All express companies in South Carolina are required to comply with Section 58-47-3440, S. C. Code 1976, "Giving notice of accidents," and 103-13 of the Public Service Commission, "Accidents."
The standards and procedures outlined in Order No. 83-146, modified by Order No. 84-207, are hereby adopted as guidelines for all future rail regulation by the Public Service Commission of South Carolina.
1. These rules and regulations are promulgated pursuant to the authority vested in the Commission 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 Public Service Commission 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 Commission 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.
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 as ordered by the Commission 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.
As used herein, the following terms shall be accorded meaning as indicated:
1. Certificate of PC&N. "Certificate of PC&N" means the certificate of public convenience and necessity authorized to be issued under the provisions of Chapter 23 of Title 58 of the Code of Laws of South Carolina, 1976. Certificates of PC&N shall be required of all for-hire passenger carriers, household good carriers (except those operating exclusively within the limits of any municipality), and hazardous waste for disposal carriers. Holders of Certificates of PC&N shall be considered regulated carriers.
2. Certificate of FWA. "Certificate of FWA" means the certificate of fit, willing, and able authorized to be issued under provisions of Chapter 23 of Title 58 of the Code of Laws of South Carolina, 1976. Certificates of FWA shall be required of all for-hire household goods carriers operating exclusively within limits of any municipality in this State. Holders of Certificates of FWA shall be considered regulated carriers.
3. Certificated Carrier. "Certificated Carrier" means a motor carrier operating under a Certificate of PC&N, a Certificate of FWA, or a Charter Bus Certificate.
4. Commission. "Commission" means the Public Service Commission of South Carolina whose address is 101 Executive Center Drive, Post Office Drawer 11649, Columbia, SC 29211.
5. Common Carrier by Motor Vehicle. "Common Carrier by Motor Vehicle" means any person which holds itself out to the general public to engage in the transportation by motor vehicle in intrastate commerce of persons or property for compensation, whether over regular or irregular routes, except as exempted in Section 58-23-50 and Section 58-23-70 of Code of Laws of South Carolina, 1976.
6. Contract Carrier by Motor Vehicle. "Contract Carrier by Motor Vehicle" means any person which engages in transportation by motor vehicle of property in intrastate commerce for compensation under contracts with one person or a limited number of persons either (a) for the furnishing of transportation service through the assignment of motor vehicles to the exclusive use of each person served, or (b) for the furnishing of transportation services designed to meet the distinct need of each individual customer.
7. Corporation. "Corporation" means a corporation, company, association, or joint stock association.
8. Interstate Commerce. "Interstate Commerce" means commerce between any place in a state and any place in another state.
9. STB. "STB" means Surface Transportation Board.
10. 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.
11. Motor Carrier. "Motor Carrier" means both a common carrier by motor vehicle and a contract carrier by motor vehicle.
12. 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.
13. Motor Vehicle Carrier Law. "Motor Vehicle Carrier Law" means Articles 1 to 11 and 15 of Chapter 23 of Title 58 of the Code of Laws of South Carolina, 1976.
14. Municipality. "Municipality" means any incorporated city or town within the State of South Carolina.
15. Person. "Person" means any individual, firm, partnership, corporation, company, association, or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof.
16. 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.
17. Rates. "Rates" include rates, fares, tolls, rentals and charges.
18. State. "State" means the State of South Carolina.
19. Tariff. "Tariff" means any schedule or publication showing the rates, fares, charges, rules, regulations, and classifications for the transportation within this State of persons and property.
20. Charter Bus. "Charter Bus" means a motor vehicle carrying 16 or more passengers. However, a limousine shall not be considered to be a charter bus.
21. Charter Bus Certificate. A "Charter Bus Certificate" is a certificate issued to charter bus motor carriers which signifies that the motor carrier has met all of the insurance requirements of the Commission, and all of the safety requirements of the South Carolina Department of Public Safety. A Charter Bus Certificate shall be denominated "Class C-Charter Bus."
22. Limousine. A "Limousine" is a passenger carrier utilizing luxury vehicles and/or vans equipped to carry up to fifteen (15) passengers. A "Limousine" includes sport utility vehicles and town cars.
23. Non-Emergency Vehicle. "Non-Emergency Vehicle" means a vehicle that is used for providing, for a fee or charge, non-emergency transportation, for patients in stable medical condition who may or may not require the use of a walker, crutches, canes, or personal assistant, to scheduled visits to a physician's office or hospital for treatment, routine physical examinations, x-rays or laboratory tests, for transporting patients upon discharge from a hospital or nursing home to a hospital or nursing home or residence, or for other non-emergency purposes. Non-Emergency Vehicles are not equipped with the medical equipment or personnel required for the specialized care provided in an ambulance. "Non-Emergency Vehicle" includes "Wheelchair Van." "Non-Emergency Vehicle" shall not include vehicles owned by facilities that provide such transportation as described above without charging a separate fee for the transportation service.
24. Wheelchair Van. "Wheelchair Van" means a Non-Emergency Vehicle which is modified, equipped and used for the purpose of providing non-emergency medical transportation for Wheelchair Van Patients. These vehicles are specifically designed and modified to load and transport both ambulatory and wheelchair-bound patients in a safe and secure manner.
25. Wheelchair Van Patient. "Wheelchair Van Patient" means a patient whose medical condition is such that the person may be transported safely and securely in a Wheelchair Van. These patients must be transported in a sitting position in a secured wheelchair and/or require a ramp or lift to board the vehicle.
26. Any and all definitions addressed in the Federal Motor Carrier CSA Safety Regulations (Code of Federal Regulations Title 49, Parts 40 and 355-397) (hereinafter known as the CSA Safety Regulations) apply to all Non-Emergency Vehicle regulations.
Every motor carrier regulated by the Commission shall keep at all times in its principal office in South Carolina a copy of these rules and regulations.
A Class A motor carrier is a common carrier by motor vehicle of passengers, operating over regular routes and upon regular schedules as filed with and approved by the Commission. Class A Certificates of Public Convenience and Necessity for the transportation of passengers shall include the authority to transport in the same vehicle with the passengers, baggage, express, mail and newspapers, and to transport baggage of passengers in separate motor vehicles when necessary, provided, however, that such articles for shipment shall be originated and terminated at a terminal of the transporting Class A Certificate holder or of some other Class A carrier, and holders of Class A Certificates of Public Convenience and Necessity issued by the Commission may transport special or chartered parties originating along their authorized routes to any point intrastate and return, subject to the Rules and Regulations of the Commission pertaining thereto, provided further, however, that this provision shall not be applicable to Class A Certificates which are restricted. A Class A motor carrier must obtain a Certificate of PC&N from the Commission.
A Class B motor carrier is a common carrier by motor vehicle of passengers which does not propose to operate regularly upon a fixed schedule or route and which only desires to operate over a particular route or routes that are not already served by one or more Class A motor carriers. A Class B motor carrier must obtain a Certificate of PC&N from the Commission.
A Class C motor carrier is a common carrier by motor vehicle of passengers, generally known as "taxi cabs," "charter buses," "charter limousine," and "non-emergency vehicles, " which does not operate over regular routes or upon regular schedules, and which does not, in any way, solicit or receive patronage outside of the radius of two miles of the corporate limits of the city in which it is licensed to do business, except upon such highways as are not served by a Class A or B motor carrier. A Class C motor carrier must obtain a Certificate of PC&N from the Commission, except "charter buses," which must obtain a Charter Bus Certificate.
A Class E motor carrier is a common carrier of property (household goods or hazardous waste for disposal) by motor vehicle including a motor vehicle containing goods packed by a packing service. A Class E motor carrier must obtain either a Certificate of PC&N or FWA from the Commission.
A Class F motor carrier is a contract carrier by motor vehicle of hazardous waste for disposal which operates over irregular routes and upon irregular schedules under contract as filed with and approved by the Commission and which does not solicit or receive patronage along any such routes. No motor carrier after July 1, 1976, will be allowed to acquire more than one Class F Certificate, and each Class F Certificate issued may not have more than three contracts attached thereto at any one time. A Class F motor carrier must obtain a Certificate of PC&N from the Commission.
These rules shall not be construed to apply to:
1. Motor vehicles while used exclusively for transporting persons to and from elementary, middle, or high schools, Sunday schools, churches, or religious services, or to or from church picnics or upon special prearranged church excursions;
2. Vehicles used in ridesharing.
1. The Commission does not have jurisdiction over motor carriers solely:
a. Carrying on the business of transporting passengers or property within the limits of any municipality in this State, (except carriers of household goods);
b. Transporting passengers to or from state institutions located in Richland County;
c. Transporting passengers within a distance of ten miles from the limits of municipalities in Chester and Lancaster Counties when substantially all of the passengers are workers in industrial plants, eighty percent of the production of which is for defense materials;
d. Having a seating capacity of twenty or more passengers which are operated within ten miles from the limits of any municipality with a population of seventy thousand or more inhabitants, according to the United States Census for 1940, by any electric utility company which regularly provides transportation service within the municipality itself. Item (d) does not permit the substantial duplication of any franchise or license in effect at the time service is undertaken by the electric utility company; or
e. Used by a county to transport passengers or property.
2. Additionally, the Commission 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.
Any person desiring to operate in this State as a motor carrier for hire first shall file an application for the type of certificate needed (Certificate of PC&N, Certificate of FWA, Charter Bus Certificate) with the Commission on forms to be furnished by the Commission. All required information on the application forms must be correctly completed before filing of such application will be accepted.
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.
Public notice will be given when any application for a Certificate of PC&N or FWA or to amend a Certificate of PC&N or FWA has been filed with the Commission, except for applications seeking a Class C Certificate of PC&N. Such notice must be published in newspapers of general coverage in the affected territory, must be in the form prescribed by the Commission, and must be published at the applicant's expense. All publication requirements must be complied with and affidavits of publication must be returned to the Commission's offices prior to a hearing date being set. If required, a hearing is set and all parties of record will be notified of the hearing date, time, and place. An applicant seeking a Class C Certificate to operate vehicles will not be required to publish a notice of filing.
1. PC&N (Household Goods or Hazardous Waste for Disposal). An application for a Certificate of PC&N or to amend a Certificate of PC&N to operate as a carrier of household goods or hazardous waste for disposal by motor vehicle may be approved upon a showing that the applicant is fit, willing, and able to appropriately perform the proposed service and that public convenience and necessity are not already being served in the territory by existing authorized service. The public convenience and necessity criterion must be shown by the use of shipper witnesses. If the Commission determines that the public convenience and necessity is already being served, the Commission may deny the application. The following criteria should be used by the Commission in determining that an applicant for motor carrier operating authority is fit, willing, and able to provide the requested service to the public:
a. FIT. The applicant must demonstrate or the Commission determine that the applicant's safety rating is satisfactory. This can be obtained from U.S.D.O.T. and S.C.D.P.S. safety records. Applicants should also certify that there are no outstanding judgments pending against such applicant. The applicant should further certify that he is familiar with all statutes and regulations, including safety operations in South Carolina, and agree to operate in compliance with these statutes and regulations.
b. ABLE. The applicant should demonstrate that he has either purchased or leased on a long-term basis necessary equipment to provide the service for which he is applying. Thirty days or more shall constitute a long-term basis. The applicant must undergo an inspection of all vehicles and facilities to be used to provide the proposed service. The applicant should also provide evidence in the form of insurance policies or insurance quotes, indicating that he is aware of the Commission's insurance requirements and the costs associated therewith.
c. WILLING. Having met the requirements as to "fit and able," the submitting of the application for operating authority would be sufficient demonstration of the applicant's willingness to provide the authority sought.
2. FWA. An application for a Certificate of FWA to operate as a carrier of household goods within the limits of a municipality may be approved upon a showing that the applicant is fit, willing, and able to perform the proposed service, as delineated by the criteria for fit, willing, and able set out in 103-133 (1)(a),(b), and (c) above. No showing as to the public convenience and necessity need be made.
3. For Contract Carrier Authority.
a. If the application is for a Class F Certificate of PC&N to operate as a contract carrier of hazardous waste for disposal or is for an amendment or addition thereto, two copies of the written bilateral contract between the supporting shipper and the applicant must accompany the application setting forth the services proposed, the rates and charges, the duration of the contract, the parties thereto, the territory to be served, and the commodities to be hauled.
b. An application for a Class F Certificate of PC&N to operate as a contract carrier or an addition thereto may be approved upon a showing that the applicant is fit, willing, and able to appropriately perform the proposed service, and that public convenience and necessity are not already being served in the territory by existing authorized service. The public convenience and necessity criterion must be shown by the use of shipper witnesses, or by such other methodology as may be approved by the Commission, other than the testimony of the applicant. If the Commission determines that the public convenience and necessity is already being served, the Commission may deny the application. (To determine whether a carrier is fit, willing, able, see R. 103-133(1).)
c. Once a contract with a particular shipper is approved by the Commission, that contract may be renewed periodically by merely filing two copies thereof with the Commission, provided, however, that in no event will the renewal contract alter in any way the commodities authorized to be hauled or the territory authorized to be served. Any alteration of contract terms or rates must also receive the specific approval of the Commission which may or may not require notice .
4. PC&N (Passengers).
An application for a Certificate of PC&N or to amend a Certificate of PC&N to operate as a carrier of passengers by motor vehicle may be approved upon a showing that the applicant is fit, willing, and able to appropriately perform the proposed service, provided however, if an intervenor shows or if the Commission determines that the public convenience and necessity is already being served, the Commission may deny the application. The following criteria should be used by the Commission in determining that an applicant for motor carrier operating authority is fit, willing, and able to provide the requested service to the public:
a. FIT. The applicant must demonstrate or the Commission determine that the applicant's safety rating is satisfactory. This can be obtained from U.S.D.O.T. and S.C.D.P.S. safety records. Applicants should also certify that there are no outstanding judgments pending against such applicant and that applicant is financially fit to do business as a certified carrier. The applicant should further certify that he is familiar with all statutes and regulations, including safety regulations, governing for-hire motor carrier operations in South Carolina and agree to operate in compliance with these statutes and regulations.
b. ABLE. The applicant should demonstrate that he has either purchased, leased, or otherwise arranged for obtaining necessary equipment to provide the service for which he is applying. The applicant should also provide evidence in the form of insurance policies or insurance quotes, indicating that he is aware of the Commission's insurance requirements and the costs associated therewith.
c. WILLING. Having met the requirements as to "fit and able", the submitting of the application for operating authority would be sufficient demonstration of the applicant's willingness to provide the authority sought.
5. Charter Bus Certificate. An application for a Charter Bus Certificate or to amend a Charter Bus Certificate to operate as a carrier of 16 or more passengers by motor vehicle may be approved upon a showing that the applicant meets the insurance requirements of the Commission and the safety requirements of the South Carolina Department of Public Safety.
6. PC&N (Non-Emergency Vehicles).
In addition to meeting the requirements set out in 103-133(4) above, applicants for a Certificate of PC&N for non-emergency vehicles must meet the following requirements:
A. Driver Qualifications/Requirements
1. Carrier must comply with Part 391-Qualifications of Drivers, CSA Safety Regulations, excluding 391.49, in addition to the following requirements:
a. Driver must possess at least a current American Red Cross Standard First Aid and CPR Certificate or its equivalent. Records of such must be kept on file at company's primary place of business within South Carolina.
b. Driver must be in compliance with all OSHA regulations.
c. Driver must be adequately trained in the use of all vehicle installed safety equipment such as two-way radios, first aid kits, fire extinguishers, and other equipment as outlined in the Vehicle Requirement Section of these Regulations.
d. Driver must be able to physically perform actions necessary to assist persons with disabilities, including wheelchair users.
e. Driver must wear a professional uniform and photo identification badge that easily identifies the driver and the company for whom that driver works.
f. Driver must complete 12 hours of in-service training annually in the area of safety. Records of such must be kept on file at company's primary place of business within South Carolina.
B. Vehicle Requirements
1. Any vehicle purchased on or after the effective date of these regulations shall comply with the following vehicle requirements. The Applicant must certify on a Commission prescribed form that its vehicles meet, at a minimum, the following standards.
a. All Non-Emergency Vehicles shall be equipped with at least the following:
(1) Approved seat belt assemblies for all passenger seating locations.
(2) Interior and exterior lighting which must meet ADA requirements set forth in Title 49, Parts 37 and 38 C.F.R. In addition, all standard motor vehicle equipment must be in working order (i.e. all lamps, windshield wipers, horn, emergency flashers/hazard lights, and all other standard motor vehicle equipment.)
(3) Locking devices for all doors and all door latches which shall be in operation from inside and outside on all vehicles manufactured and first registered after January 1, 1980.
(4) Foot stool or extra step for loading.
(5) Sanitary and functional seat covers.
(6) Spare wheel, jack and tire tools necessary to make minor repairs, except when operating service cars are immediately available.
(7) Current maps of streets in the area where service is provided.
(8) Fire extinguisher, Type 4-B;C dry powder or carbon dioxide, inspected annually. Proof of annual inspection shall be attached to each fire extinguisher.
(9) Identification display of the name under which the Non-Emergency Vehicle is doing business or providing service, on both sides and the rear of each such vehicle in letters that contrast sharply with the van's background and are easily read from at least 20 feet. All Non-Emergency Vehicles operated under the same certificate shall display the same identification.
(10) Exterior rearview mirrors affixed to both sides of the vehicle and in working order. There may not be any chips, cracks, or anything else that limits the driver's view.
(11) A two-way radio, mobile or cellular phone equipment which shall be included in the vehicle while patients are being transported. All two-way radios must be in contact with a dispatcher or someone acting as a dispatcher, i.e., must have instant access to standard phone lines and the ability to summon immediate police, fire or ambulance assistance, if needed.
(12) A "No Smoking" sign prominently displayed in the patient compartment if oxygen tanks, whether patient tanks or vehicle equipment, are carried. If oxygen tanks are carried, they must be readily accessible and securely stored.
(13) Heating and cooling systems which meet ADA requirements set forth in Title 49, Parts 37 and 38 C.F.R.
(14) Emergency warning devices.
(15) Any other emergency and safety equipment required in order to meet ADA requirements set forth in Title 49, Parts 37 and 38 C.F.R.
b. In addition to the requirements of subsection (a) above, all wheelchair vans shall be equipped with at least the following:
(1) A loading entrance in compliance with ADA requirements and standards.
(2) Fasteners to secure the wheelchair(s) or stretcher(s) to the vehicle which must be of sufficient strength to prevent the chair or stretcher from rotating and to prevent the chair or stretcher wheels from leaving the floor in case of sudden movement and to support chairs, stretchers and patients in the event the vehicle is overturned.
(3) A lift or ramp with a load capacity as specified by ADA requirements and standards.
2. Any vehicle manufactured after the effective date of these regulations shall comply with the vehicle requirements set forth in Title 49, Parts 37 and 38 C.F.R. and FMVSS.
C. Vehicle Maintenance Requirements
All carriers must comply with Part 396-Inspection, Repair, and Maintenance of CSA Safety Regulations, excluding 396.9, 396.11(d) as to the last phrase "or to any motor carrier operating only one motor vehicle", and excluding 396.15.
D. Drug Testing Requirements
All carriers must implement a verifiable drug testing program for drivers. Pre-employment, post-accident, and random drug screens shall be mandatory.
E. Minimum Periodic Inspection Standards
1. All carriers must comply with Appendix G to Subchapter B-Minimum Periodic Inspection Standards of CSA Safety Regulations.
2. A vehicle does not pass inspection if deficient under any standard included in 1 above. Further, a vehicle does not pass an inspection if any defects or deficiencies are detected with reference to the wheelchair lift or any component relating to the loading of passenger or patient into the vehicle.
3. All carriers are subject to the regulations found in Part 396, CSA Safety Regulations. In addition, any Public Service Commission representative or any officers, drivers, agents, representatives, and employees directly concerned with the inspection or maintenance of motor vehicles may recommend that a vehicle be put "out of service" for defects or deficiencies detected with reference to Appendix G to Subchapter B-Minimum Periodic Inspection Standards and defects or deficiencies detected with reference to the wheelchair lift or any component relating to the loading of a passenger or patient into the vehicle.
F. Schedule of Minimum Insurance Limits
1. Insurance policies and surety bonds for bodily injury and property damage will have limits of liability not less than the following:
a. Liability Combined Each Occurrence $1,000,000
b. Medical Payments/Each Person $1,000
When an application for a Certificate of PC&N is submitted and there is no opposition, the Commission may hold a hearing if it deems necessary for the purpose as it shall determine, including the issue of fitness, willingness, or ability of the applicant to appropriately perform the proposed service, or the issue of whether the public convenience and necessity are already being served. When an application for a Certificate of FWA is submitted and there is no opposition, a hearing may be held if necessary, but the issue of whether the public convenience and necessity is already being served shall not be considered.
1. Application Required. Application for approval of sale, lease or other transfer of a Certificate of PC&N or FWA shall be filed with the Commission on forms provided by the Commission. No application is deemed filed until all the required information is completed and all the appropriate signatures obtained.
2. Application to Lease a Certificate of PC&N or FWA. If the application is for approval of a lease of a certificate, a copy of the proposed lease agreement must be filed with the application and must contain the entire agreement between the parties. Only one entity may operate at a time per certificate.
3. Application to Sell or Otherwise Transfer a Certificate of PC&N.
a. If the application is for approval of a sale or other transfer of a certificate, a copy of the proposed sales or other transfer agreement must be filed with the application and must contain the entire agreement between parties, including (1) an accurate description of the operating rights and other property to be transferred, and (2) the purchase price agreed upon and all the terms and conditions with respect to the payment of the same.
b. No sale or other transfer of a Certificate of PC&N shall be approved by the Commission until the transferor (seller) has filed with the Commission a statement under oath showing (1) all assets of the holder of the certificate to be sold, (2) all debts and claims against the transferor (seller) of which such seller has any knowledge or notice, (3) wages due employees of the transferor (seller), (4) unremitted COD collections due shippers, (5) claims for loss of or damage to goods transported or received for transportation, (6) claims for overcharges on property transported, and (7) interline accounts due other carriers. There also shall be filed with the Commission a verified statement from the transferee (purchaser) or an authorized agent or officer thereof, guaranteeing the payment of all just obligations as listed in the sworn statement of the seller. This subsection shall not be applicable to sales by personal representatives of deceased or incompetent persons, receivers, or trustees in bankruptcy under court order.
4. Proof Required. The Commission shall approve an application for lease, sale, or other transfer of a Certificate of PC&N made under this section upon finding (1) that sale, assignment, pledge, transfer, change of control, lease, merger, or combination thereof will not adversely affect the service to the public under said certificate, (2) that the person acquiring said certificate or control thereof is fit, willing, and able to perform such service to the public under said certificate, and (3) that all services under said certificate have been continuously offered and reasonably provided to the public for a period of time not less than twelve months prior to the date of the filing of the application for approval of the sale, lease or transfer of said certificate, or, in lieu thereof, that any suspension of service exceeding thirty (30) days shall have been approved by the Commission, seasonal suspensions excepted. No sale, lease, transfer, assignment, or hypothecation of a Certificate of PC&N will be approved where such action would be destructive of competition or would create an unlawful monopoly.
If the application does not contain evidence that the authorized services have been continuously offered and reasonably provided to the public for a period of time not less than twelve (12) months prior to the date of the filing of the application, the application may be denied,
5. Dividing Operating Rights Prohibited. Without prior approval of the Commission, operating may not be split or divided and thereafter sold, transferred, assigned, mortgaged, pledged, or hypothecated by the sale of stock or otherwise.
6. It is unlawful for any person to sell, lease, or otherwise transfer a Certificate of PC&N issued or authorized to be issued after July 1, 1983, under the provisions of Chapter 23 of Title 58 for money, goods, services, or any other thing of value. A certificate may be transferred incident to the sale or lease of property or assets owned or used by a regulated motor carrier, provided the approval of the Commission for the transfer of the certificate is first obtained and that the certificate itself is not transferred for value or utilized to enhance the value of other property transferred. Nothing herein shall affect the sale, lease, or otherwise transfer of a certificate of public convenience and necessity issued prior to July 1, 1983.
7. Application to sell or otherwise transfer a Certificate of FWA.
a. If the application is for approval of a sale or other transfer of a certificate, a copy of the proposed sales or other transfer agreement must be filed with the application and must contain the entire agreement between parties, including (1) an accurate description of the operating rights and other property to be transferred, and (2) the purchase price agreed upon and all the terms and conditions with respect to the payment of the same.
b. The transferee must show that it is fit, willing, and able as per these regulations.
Protest Served on Commission and Applicant. The original and any accompanying documents of the protest must be deposited in the United States Mail addressed to the Commission or delivered to the Commission within the time established for filing protests, and it must appear in some statement attached to the protest that a copy thereof has been deposited in the United States Mail, addressed to the applicant postage prepaid or delivered to the applicant, and a copy sent to his attorney, if any, appearing in the notice of filing.
An applicant may amend the authority or relief sought in his application any time prior to the end of any hearing held in connection with such application, provided that no amendments will be accepted which tend to enlarge the scope of the applied for authority or relief.
1. Restrictions, limitations, and terms will not be attached to any Certificate of PC&N unless they are reasonable and are required by public convenience and necessity.
2. The Commission is not, and cannot be, bound by restrictions agreed to by the parties unless approved by the Commission, and no agreement shall be approved which achieves results inconsistent with the public interest and inimical to practical and effective regulation.
Without good cause shown, any application for a Certificate of PC&N, FWA, or a Charter Bus Certificate submitted but not processed in compliance with the Commission's instructions by the applicant within 90 days of receipt of the notice of filing, may be dismissed.
1. Beginning Operations Under a Certificate of PC&N.
a. Registration, Insurance, and Tariffs Required. An Order of the Commission, approving an application for a Certificate of PC&N, or the issuance of a Certificate of PC&N does not within itself authorize a carrier to begin operations. Operations are unlawful until the carrier has complied with the law by:
1. Registering its power units with the Commission;
2. Filing insurance or surety bond with the Commission in the required amounts covering its rolling equipment for the protection of the public;
3. Filing tariffs and schedules of rates, fares, and charges to be made for the transportation service authorized; and
4. Undergoing the required inspection of vehicles and facilities. (Household Goods and Hazardous Waste for Disposal.)
b. Must Begin Operations Within 90 Days. Unless a motor carrier complies with the foregoing requirements and begins operating as authorized within a period of ninety (90) days after the Commission's order approving the application becomes final, and unless the time is extended in writing by the Commission upon written request, the operating rights therein granted will cease.
2. Beginning Operations Under a Certificate of FWA. An order of the Commission approving an application for a Certificate of FWA or the issuance of a Certificate of FWA does not within itself authorize a carrier to begin operations. Operations are unlawful until the carrier has complied with the law by:
a. Filing evidence of an acceptable safety rating.
b. Filing insurance or surety bond with the Commission in the required amounts covering its rolling equipment for the protection of the public.
c. Undergoing the required inspection of vehicles and facilities.
3. Beginning Operations under a Charter Bus Certificate.
An order of the Commission approving an application for a Charter Bus Certificate or the issuance of a Charter Bus Certificate does not within itself authorize a carrier to begin operations. Operations are unlawful until the carrier has complied with the law by:
a. Filing evidence of an acceptable safety rating.
b. Filing insurance or surety bond with the Commission in the required amounts covering its rolling equipment for the protection of the public.
1. Registration and License Fee Required. Before beginning operations as a motor carrier, all power units to be used in the operation must be registered with the Commission by completing the appropriate forms as provided by the Commission and by paying the appropriate license fees as set forth in Article III of the Motor Vehicle Carrier Law.
2. Adding Power Units to Operation. New or additional power units may be added to an operation at any time by appropriately registering the power unit and paying the appropriate license fee.
3. Transferring Permit Cards and Decals. The permit card for a power unit may be transferred to another power unit upon presentation of the vehicle permit card to the Commission and payment of the additional permit fee, if any, provided however, a tractor permit card may not be transferred to a truck. No refund of fees will be made in transferring vehicle permit cards and decals. Transferring license permit cards and decals between vehicles without the prior approval of the Commission is prohibited.
4. Power Units to Be Re-registered. All registered power units to be continued in service must be re-registered each year as follows:
Motor carriers transporting passengers must re-register the power units used in their operations and must pay the appropriate license fee, semiannually, in advance, on or before January 1 and July 1 of each year.
Any for-hire motor carrier transporting passengers in interstate commerce which desires to domicile or base any power units in South Carolina, whether owned, leased, or otherwise obtained, must first apply for authorization from this Commission corresponding to the type operation which it proposes to conduct. Where it is shown that the motor carrier has STB authority to perform the transportation service proposed, that the motor carrier proposes to transport only interstate movements of passengers that have been exempted from STB regulation, or that the motor carrier proposes to haul only interstate shipments of property or passengers within STB exempt zones, the Commission will approve the application without hearing and issue to the motor carrier the appropriate authorization, and thereupon, the motor carrier shall register its power units based, domiciled, or located in this State in accordance with the provisions of 103-151 and file evidence that the public is protected from bodily injury or property damage as provided in Subarticle 6.
1. Marking of Vehicles Required. No carrier regulated by the Public Service Commission shall operate any motor vehicle upon the highways in the transportation of property or passengers for compensation unless the name, or trade name, place of principal office, and PSC I.D. number appear on both sides of such vehicle in letters and figures not less than three (3) inches high.
SAMPLE: Richard Skinner Trucking Company
Nichols, South Carolina
SCPSC #1234
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 units, 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 STB. If the carrier is engaged in both interstate and intrastate commerce and is marked as required by the STB, then the carrier will be deemed to be in full compliance with this Commission's requirements.
All motor vehicles, including substitute or emergency vehicles operated under a Certificate of PC&N, shall have maintained in such vehicles a permit issued by the Commission, and passenger vehicles shall have displayed on the front windshield of the power unit of such vehicles the license decals as issued by the Commission upon proper registration of the vehicle.
No certificate or rights thereunder shall be sold, assigned, leased, transferred, mortgaged, pledged, or hypothecated, by the sale of stock or otherwise, unless first authorized by the Commission as provided in 103-135.
All motor carriers will be held to strict account for the use of their operating rights, and to permit the use of the same by others for the transportation of persons or property for compensation without prior approval of the Commission shall be deemed just cause for the revocation of such rights. This rule positively forbids the party to whom operating rights have been granted from permitting others to use the name or operating authority of such party without prior approval of the Commission, or until execution of a proper lease agreement as described in R. 103-220.
No motor carrier hereafter will be allowed to acquire any authority which duplicates in whole or in part authority which it presently owns. However, a carrier may acquire additional authority which duplicates his present authority in part, provided the duplicating portion of the authority acquired is omitted.
All holders of Certificates of PC&N and FWA, upon receipt of freight, shall issue and deliver, or cause to be issued and delivered, to the shipper a bill of lading or other documentation approved by the Commission. All bills of lading shall comply with, be governed by, and have the consequences stated in the Uniform Commercial Code of South Carolina and any other applicable and effective provisions of the statutes. All carriers, shippers, consignees, and any lease operators involved in a shipment shall keep a copy of the bill of lading for a minimum of three years.
Each bill of lading shall show at a minimum the following information:
1. The name of issuing carrier;
2. The date the shipment was received by the carrier;
3. The name and address of the consignor/shipper;
4. The points of origin and destination;
5. The name and address of the consignee/receiver;
6. Declaration of valuation (motor carriers of household goods);
7. The weight, volume, or measurement of the property tendered and received for transportation according to the lawfully applicable rates and charges shown separately by classification;
8. If it relates to a C.O.D. shipment, the amount of the C.O.D. and the name of the individual, corporation, or association who is actually to pay the C.O.D. (see R. 103-163);
9. Public Service Commission identification number;
10. Financial responsibility information as to insurance coverages;
11. The number of the bill of lading, as numbered consecutively in each motor carrier's own series at the time of printing;
12. Any accessorial or additional service charges in detail, giving size, and kind of equipment, the number of men and total hours of extra labor, and equipment services provided;
13. The permit number when such permit is required by law;
14. Rate per hundred weight or rate per hour, whichever is applicable (motor carriers of household goods); and
15. Base liability amount of the carrier for its cargo.
All holders of Certificates of PC&N and FWA shall issue a bill of lading or other documentation approved by the Commission covering each shipment transported or service performed. A combination bill of lading and freight or expense bill or invoice may be issued if it shows all of the information required in 103-159. All carriers, shippers, consignees, and any lease operators involved in a shipment shall keep a copy of the bill of lading for a minimum of three years.
Each shipment by a freight carrier holding a Certificate of PC&N or FWA must be accompanied by the bill of lading relating thereto, another descriptive instrument which provides the information required by R.103-161, or some other procedure authorized by the Commission. If two or more trucks are used to transport a single shipment, a separate bill of lading or descriptive instrument must accompany the portion of the shipment contained in each of the trucks and each such bill of lading or descriptive instrument must show, with respect to that portion of the shipment which it accompanies, all information required by 103-159, and must refer specifically to the bill of lading which covers the entire shipment.
Any suspension of the operations authorized by a duly issued certificate for a period in excess of thirty (30) days may be approved by the Commission upon written application of the motor carrier, filed in accordance with 103-830, et seq. Such application must state clearly and concisely the justification for the proposed suspension of service.
An application for suspension for a period in excess of twelve (12) months, or an application for suspension which, if approved, would result in the continuous suspension of service (e.g., where an approved suspension is in effect at the time the application is filed) for a period in excess of twelve (12) months, may be approved by the Commission after such notice, if any, that the Commission deems appropriate.
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 Commission evidence of insurance policy or surety bond from an insurance company licensed or admitted to do business in South Carolina 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 the Motor Vehicle Carrier Law, 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 Regulation 103-170(1), the Commission 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 STB, in lieu of an insurance policy or surety bond from a company licensed or admitted to do business in South Carolina. The provisions of this regulation shall apply only in the case where the carrier is operating on an interstate basis only.
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 103-280 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 Policy. The "Uniform Motor Carrier Bodily Injury and Property Damage Liability Insurance Endorsement," Form F (see Form F in 103-280 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 103-172 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 103-280 Appendix), which insures compliance with limits not less than those in 103-172 and with other applicable provisions of these rules.
Insurance policies and surety bonds for bodily injury and property damage will have limits of liability not less than the following:
MOTOR CARRIERS, KIND OF LIABILITY LIMITS
EQUIPMENT & CAPACITY
PASSENGER
1 to 7 Passengers $25,000.00 $50,000.00 $10,000.00
8 to 15 Passengers $25,000.00 $100,000.00 $10,000.00
16 or More Passengers $25,000.00 $300,000.00 $10,000.00
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 172.101; hazardous waste, hazardous materials, and hazardous substances defined in 49 CFR 172.101 but not mentioned in 1.(b) or 2.(b).)
2. LESS THAN 10,000 POUNDS GVWR.
a. NON-HAZARDOUS $500,000 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.)
1. Terms of Insurance or Bond and Minimum Limits. Before any Class E Certificate can be issued and before any motor carrier operations can be conducted thereunder, the Class E motor carrier must procure a cargo insurance policy or cargo surety bond from an insurance company licensed or admitted to do business in this state and file with the Commission evidence of such insurance or bond on forms prescribed by the Commission, 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:
a. For loss of or damage to property carried on any one
motor vehicle ............................................ $2,500.00
b. 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.
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 103-280 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 103-280 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 103-173 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 103-280 Appendix), which insures compliance with the terms of 103-173 and with other applicable provisions of these rules.
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 Commission, without further evidence or hearing, to suspend its order granting authority or to suspend the certificate or any license issued to the motor carrier.
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 Commission not less than thirty (30) days notice. The thirty (30) days will begin to run once the notice is received in the Commission's offices.
2. Form K or Form L Used to Give Notice of Cancellation. Notification of cancellation will be made on forms prescribed by the Commission. Form K, "Uniform Notice of Cancellation of Motor Carrier Insurance Policies" (see Form K in 103-280 Appendix), will be used to notify the Commission of cancellation of an insurance policy, and Form L, "Uniform Notice of cancellation of Motor Carrier Surety Bonds" (see Form L in 103-280 Appendix), will be used to notify the Commission of cancellation of a surety bond.
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.
Certificates of insurance, notices of cancellation, and surety bonds must be filed with the Commission in triplicate.
Surety bonds and certificates of insurance shall specify that coverage thereunder will remain in effect continuously until terminated.
Endorsements for policies of insurance and surety bonds, certificates of insurance, and notices of cancellation will be in the form prescribed and approved by the Commission.
Holders of Class E and Class F Certificates shall obtain Workers' Compensation Insurance in a manner uniform with the laws of this State.
1. No motor freight carrier who operates under a Certificate of PC&N may operate or perform any service under its operating authority until rates, fares, charges, classifications, and rules for the services to be performed shall have been approved by the Commission.
2. All tariffs for motor carriers of household goods will include charges and references to the following services (if appropriate for the particular move):
a. Transportation Charges
b. Additional Services
1. Bulky Article Charges
2. Elevator or Stair Carry
3. Excessive Distance or Long Carry Charges
4. Packing and Unpacking
5. Labor Charges Regular and Overtime Charges
6. Piano Charges
7. Pick-Up and Delivery Extra
8. Waiting Time
9. Articles, Special Serving
c. Rules and Regulations
1. Claims (to include time frames for settlement)
2. Value, Declaration of
(i) Basic Amount
(ii) Insurance for Excess
3. Value, Excess
4. Computing Charges
5. Governing Publications
6. Storage-in-Transit
7. Bill of Lading, Contract Terms, and Conditions
1. The Commission shall make, fix, establish, or allow just and reasonable rates, fares, charges, classifications, and rules for all motor carriers subject to its rate jurisdiction.
2. As often as circumstances may require, the Commission from time to time may change or revise, or cause to be changed or revised, any rates, fares, charges, classifications, and rules of a carrier who operates under a Certificate of PC&N.
3. Carriers of hazardous waste for disposal and holders of a Class C Certificate need only file maximum rates with the Commission.
Every rate made, demanded, or received by any motor carrier operating under a Certificate of PC&N, or by any two or more motor carriers jointly, shall be just and reasonable as set forth in R.103-194.
1. When Hearing Held. Whenever there shall be filed with the Commission any tariff stating a new individual or joint rate, fare, charge, rule, or classification for the transportation of passengers or property by motor carrier operating under a Certificate of PC&N or any rule, regulation, or practice affecting such rate, fare, or charge, or the value of the service thereunder, the Commission, upon complaint of any interested party or upon its own initiative, if it so orders, without answer or other formal pleading by the interested carrier or carriers, but upon reasonable notice, may enter upon a hearing concerning the lawfulness of such rate, fare, or charge, or such rule , regulation, or practice.
2. When Publication Required. Whenever any new or changed rate, fare, charge, rule, or classification is filed, the Commission may, in its discretion, require the filing party or parties to give notice of such filing by publishing once, a notice in the form prescribed by the Commission, in newspapers of general coverage in the affected territory. If publication is required, affidavits of publication must be returned to the Commission's offices as evidence of compliance with such publication requirement.
In the exercise of its power to prescribe just and reasonable rates for the transportation of passengers or property by common carriers operating under a Certificate of PC&N, the Commission may give due consideration, among other factors, to the need in the public interest of adequate and efficient transportation service by such carriers at the lowest cost consistent with the furnishing of such service and to the need of such carriers for revenues sufficient to enable them, under economical and efficient management, to provide such service.
Every motor carrier of property operating under a Certificate of PC&N and FWA shall provide safe and adequate service, equipment, and facilities for the transportation of property, and shall establish, observe, and enforce just and reasonable regulations and practices relating thereto and to the manner and method of presenting, marking, packing, and delivering property for transportation, the facilities for transportation, and all other matters relating to or connected with the transportation of property.
Every motor carrier operating under a Certificate of PC&N shall maintain at each of its principal places of business in the state and make available for inspection to the public at all reasonable times, all of its tariffs containing rates, charges, classifications, and rules or other provisions as filed with and approved by the Commission.
Unless otherwise specifically exempted by the Commission, it shall be unlawful for any motor carrier operating under a Certificate of PC&N or FWA to make, give, or cause any undue or unreasonable preference or advantage to any particular person, port, gateway, locality, or description of traffic in any respect whatsoever, or to subject any particular person, port, gateway, locality, or description of traffic to any unjust discrimination or any undue or unreasonable prejudice or disadvantage in any respect whatsoever.
Unless otherwise specifically exempted by the Commission, no motor carrier operating under a Certificate of PC&N shall charge, demand, collect, or receive, or cause or permit its agent, servants, or employees to charge, demand, collect, or receive a greater or lesser or different compensation for transportation, or for any service rendered, than the rates, fares, and charges specified in the lawfully applicable tariffs or schedules in effect from time to time; and no motor carrier shall refund or remit in any manner or by any device, directly or indirectly, any portion of the rates, fares, or charges so specified, or extend to any person any privileges, facilities, or services, or do or perform any service, or give, remit, or refund anything of value except in accordance with said lawful tariffs and schedules, or specific order by the Commission.
No motor carrier operating under a Certificate of PC&N shall grant, pay, give, or make any allowance to the owner, shipper, consignor, or consignee of any property or shipment, for any service or instrumentality furnished by the owner, shipper, consignor, or consignee, unless such allowance is prescribed or permitted in a lawfully applicable tariff, schedule, or specific order of the Commission.
Every applicant for a Certificate of PC&N specifically shall set forth in its application each commodity which it proposes to transport. Upon an adequate showing by proper proof, the Commission may issue a certificate authorizing motor carrier operations and identifying the commodities authorized to be hauled. These will be household goods, hazardous waste, or both.
1. Household Goods. This group includes personal effects and property used or to be used in a dwelling and similar property if the transportation of such effects or property is:
a. arranged and paid for by the householder, including transportation of property from a factory or store when the property is purchased by the householder with intent to use in his or her dwelling, or
b. arranged and paid for by another party.
2. Hazardous Wastes. Any waste or combinations of a solid, liquid, contained gaseous, or semisolid form which because of its quantity, concentration, or physical, chemical, or infectious characteristics is defined by S.C. Code Ann., Section 44-56-20(6) (1976) or 25 S.C. Regs. 61-79.261.3 as hazardous waste. Carriers of hazardous waste need only file maximum rates with the Commission.
1. Agreement Must Meet Certain Conditions. Carriers may perform authorized transportation in or with motor vehicle power units which they do not own only under contract, lease, or other approved arrangement. Such contract, lease, or other approved arrangement must meet the following conditions:
a. Shall be made between the carrier and the owner of the power unit, provided however, that the same power unit must not be leased to more than one carrier at the same time;
b. Shall be in writing and signed by the parties thereto or their regular employees or agents duly authorized to act for them in the execution of contracts, leases or other arrangements;
c. Shall specify the period for which it applies which shall be not less than 30 days;
d. Shall provide for the exclusive possession, control, and use of the power unit and for the complete assumption of public responsibility (i.e. insurance) in respect thereto by the lessee for the duration of said contract, lease, or other arrangement;
e. Shall specify the compensation to be paid by the lessee for the use of the power unit;
f. Shall specify the time and date or the circumstances on which the contract, lease, or other arrangement begins, and the time or the circumstances on which it ends;
g. Shall specify the power unit or units covered by the lease by designating the serial number, make, and year of model;
h. Shall be executed in quadruplicate; the original shall be retained by the certificated carrier in whose service the power unit is to be operated, one copy may be retained by the owner of the power unit, one copy shall be carried on the power unit specified therein during the entire period of the contract, lease, or other arrangement, and one copy shall be filed with this Commission. If the lease, contract, or other arrangement pertains to more than one power unit, copies of such agreement may be maintained in the additional power units.
2. Commission Must Be Notified When Agreement Ceases. The lessee shall notify the Commission in writing within 48 hours when any lease is canceled, expired, or otherwise terminated.
3. Lessor Must Charge Rates and Use Bills of Lading of Lessee. In addition to meeting the criteria listed in 1. above, the lessor must charge the rate for transportation of household goods approved by the Commission for the lessee. The lessor must also use the lessee's bills of lading. Total responsibility for the operation of the leased unit resides with the lessee.
4. Lease Is for Equipment Only. The provisions of Regulation 103-220 are for the lease of equipment only and shall not be construed as allowing a lease of authority from a certificated motor carrier.
The provisions set forth in R.103-220 shall not apply to:
1. Agreements Between Carriers. Motor vehicle power units leased by one carrier to another carrier, provided however, that the lessee must maintain a legible, written copy of the agreement on the vehicle for the duration of the agreement. This exemption does not apply to carriers holding certificates of fit, willing and able.
2. Agreements Between Carrier and Leasing Agency. Motor vehicle power units without drivers leased by a carrier from an individual, copartnership, or corporation, whose principal business is the leasing of equipment without drivers for compensation, provided however, that it will be necessary for the lessee to purchase the appropriate rental license decal from the Commission which shall be carried in the power unit prior to any operations being conducted using such vehicle. This rental license decal may be transferred to another power unit obtained under this provision, but it cannot be transferred to any other equipment whether owned or leased. It is further provided that a legible, written copy of the agreement must be maintained in the vehicle for the duration of the agreement.
1. For Drivers. The drivers of leased motor vehicle power units shall be directly supervised and controlled by the lessee. The person who, directly or indirectly, shall supervise or regulate the manner and method of shipment and the use of the motor vehicle or vehicles involved shall be presumed to have a right to control, direct, or dominate such shipment.
2. For Transportation Services Rendered. Any property or passengers transported in leased vehicles shall be transported in the name of and under the responsibility of the lessee.
It shall be the duty of the carrier, before taking possession of any motor vehicle equipment, to inspect the same or to have the same inspected by a person who is competent and qualified to make such inspection and who has been duly authorized by such carrier to make such inspection as a representative of the carrier, in order to insure that the said equipment complies with motor carrier safety regulations. The person making the inspection shall certify the results thereof in writing. If his/her inspection discloses that the equipment does not comply with the requirements of safety regulations, possession thereof shall not be taken. This written document shall be countersigned by someone in a supervisory capacity with the lessee indicating that the person performing the inspection was qualified to do so.
1. All Vehicles Must Be Marked. The carrier acquiring the use of power units under this article shall identify such equipment during the period of the lease, contract, or other arrangement in accordance with R. 103-153.
2. When Agreement Ceases, Markings Must Be Removed. The authorized carrier operating equipment under this part shall remove any legend, showing it as the operating carrier, displayed on such equipment, and shall remove any removable device showing it as the operating carrier before relinquishing possession of the equipment.
Any motor carrier who operates leased vehicles in intrastate commerce pursuant to authority granted by this Commission shall keep on file a copy of all leases and shall maintain other records required by this article at its principal place of business within this State for a period of not less than three (3) years.
1. Method of Keeping Books. Each motor carrier operating under a Certificate of PC&N or FWA shall keep its books on the basis of an accounting year of twelve months ending on the thirty-first day of December in each year.
2. Records Retention. All records shall be maintained for at least three years.
Every motor carrier operating under a Certificate of PC&N and FWA shall file with the Commission on or before March 31 of each year, on forms prescribed and furnished by the Commission, an annual report for the preceding calendar year ending on December 31. This annual report shall represent the same calendar year upon which the books are kept and shall present a full, true, and accurate account of the business affairs of the carrier.
Every motor carrier operating under a Certificate of PC&N and FWA shall keep on file in its main office, subject to inspection by the Commission, a complete description of each motor vehicle and trailer used during the accounting year, including motor vehicles substituted, rented, leased, or otherwise obtained.
1. Carrier to Cooperate with Inspections. Auditors, accountants, inspectors, examiners, and other agents of the Commission, upon demand and display of proper credentials, shall be permitted by any carrier operating under a Certificate of PC&N and FWA to examine and copy the books, records accounts, bills of lading, load sheets, manifest, correspondence, and other records of such carrier relating to the transportation of property or passengers and to examine the vehicles, terminals, buildings, and other equipment and facilities used by such carrier in such transportation business, and carriers operating under a Charter Bus Certificate shall permit any designated agent of the Commission to inspect records related to insurance coverages and/or safety, and all such carriers shall instruct their drivers, agents, and employees in charge of such records, equipment, and facilities to cooperate with such examination.
2. Information Not Be Divulged. No inspector or other agent of the Commission shall knowingly and willfully divulge any fact or information which may come to his knowledge during the course of any such examination for inspection, except to the Commission or as may be directed by the Commission or by a court or judge thereof.
3. Refusal to Allow Inspection Is Violation. Refusal of any carrier or employee of any carrier to provide information under this article upon demand is a violation of these rules and the Motor Vehicle Carrier Law and is punishable as provided by S.C. Code Ann., Section 58-23-80 (1976).