reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-50. Chapter not applicable to transportation for certain purposes.

(A) Articles 1 to 11 of this chapter do not apply to:
(1) motor vehicles used exclusively for transporting persons to and from schools, Sunday Schools, churches, or religious services, or to or from picnics or upon special prearranged excursions;
(2) the United States mail carriers operating star routes, while engaged solely in carrying mail;
(3) farmers or dairymen hauling dairy or farm products;
(4) persons transporting agricultural livestock and poultry feeds, including ingredients;
(5) other persons engaged in hauling perishable products of the farm or dairy products for hire from the farm to the first market when sold in South Carolina;
(6) lumber haulers engaged in transporting lumber from the forest to shipping points in this State;
(7) haulers engaged in transporting logs, chips, or wood residues which are subject to the South Carolina Unmanufactured Forest Products Trucking Regulations which are promulgated and adopted by the Department of Public Safety's Transport Police Division;
(8) a vehicle engaged in hauling, towing, or transporting wrecked or damaged vehicles;
(9) vehicles used in ridesharing;
(10) single-source lessors of vehicles and drivers who lease the motor vehicles and drivers to uncertificated motor vehicle carriers that conduct transportation of property (other than used household goods) in furtherance of and within the scope of their nontransportation primary enterprises, when the period of the lease is for thirty days or more, the lessee maintains insurance coverage for the protection of the public, a copy of the lease is carried in the motor vehicle during the period of the lease, and there is displayed on both sides of the motor vehicle a placard identifying the lessee.
(B) For the purposes of this section, perishable products of the farm include hay and straw.
(C) Articles 1 to 11 of this chapter also do not apply to Transportation Network Companies and Transportation Network Company Drivers.
HISTORY: 1962 Code Section 58-1404; 1952 Code Section 58-1404; 1942 Code Section 8508; 1932 Code Section 8508; 1925 (34) 252; 1930 (36) 1327; 1956 (49) 2020; 1957 (50) 551; 1962 (52) 1911; 1978 Act No. 490, eff May 5, 1978; 1979 Act No. 152 Section 3, eff July 6, 1979; 1983 Act No. 138 Section 13, eff June 15, 1983; 1985 Act No. 112, Section 1, eff May 24, 1985; 1996 Act No. 425, Section 6, eff January 1, 1996; 2015 Act No. 88 (H.3525), Section 3, eff June 24, 2015.
Effect of Amendment
2015 Act No. 88, Section 3, added (C).
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-60. Chapter not applicable to business within certain areas.

Nothing in Articles 1 to 11 of this chapter applies to motor vehicles:
(1) carrying on the business of transporting passengers or property within the limits of a municipality in this state;
(2) transporting passengers to or from state institutions located in Richland County;
(3) 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;
(4) having a seating capacity of twenty or more passengers which are operated within ten miles from the limits of a municipality with a population of seventy thousand or more inhabitants, according to the United States Census for 1940, by an electric utility company which regularly provides transportation service within the municipality itself. This item does not permit the substantial duplication of a franchise or license in effect at the time service is undertaken by the electric utility company; or
(5) used by a county or municipality to transport passengers or property.
HISTORY: 1962 Code Section 58-1501; 1952 Code Section 58-1501; 1942 Code Sections 8510, 8522; 1932 Code Sections 8510, 8522; 1925 (34) 252; 1930 (36) 1068; 1935 (39) 349; 1939 (41) 376; 1942 (42) 1478; 1943 (43) 262; 1944 (43) 1270; 1983 Act No. 138 Section 12, eff June 15, 1983; 1990 Act No. 487, Section 1, eff May 29, 1990; 2022 Act No. 214 (S.1045), Section 5, eff May 23, 2022.
Effect of Amendment
2022 Act No. 214, Section 5, in (5), inserted "or municipality" following "county".
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-70. Chapter not applicable to occasional trip.

Nothing contained in Articles 1 to 11 of this chapter shall be construed to prevent the use or hiring of any motor vehicle for the purpose of making some particular trip when the owner of such vehicle does not make such transportation a business.
HISTORY: 1962 Code Section 58-1405; 1952 Code Section 58-1405; 1942 Code Section 8522; 1932 Code Section 8522; 1925 (34) 252; 1935 (39) 349; 1939 (41) 376.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-100. Transfer of property pending suit shall be invalid.

During the pendency of an action for damage against the holder of a certificate issued pursuant to Article 3 of this chapter any transfer of the property of such certificate holder shall be held to be invalid.
HISTORY: 1962 Code Section 58-1472; 1952 Code Section 58-1472; 1942 Code Section 8524; 1932 Code Section 8524; 1925 (34) 252.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-110. Motor carrier transportation contracts; definition; hold harmless provisions; exception.

(A) Notwithstanding another provision of law, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the contract's promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the contract's promisee, or any agents, employees, servants, or independent contractors who are directly responsible to the contract's promisee, is against the public policy of this State and is unenforceable.
(B) As used in this section "motor carrier transportation contract" means a contract, agreement, or understanding covering:
(1) the transportation of property for compensation or hire by the motor carrier;
(2) the entrance on property by the motor carrier for the purpose of loading, unloading, or transporting property for compensation or for hire; or
(3) a service incidental to activity described in items (1) or (2) including, but not limited to, storage of property.
(C) Nothing contained in this section affects a provision, clause, covenant, or agreement where the motor carrier indemnifies or holds harmless the contract's promisee against liability for damages to the extent that the damages were caused by and resulting from the negligence of the motor carrier, its agents, employees, servants, or independent contractors who are directly responsible to the motor carrier.
(D) Notwithstanding the other provisions contained in this section, a " motor carrier transportation contract" shall not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America, as that agreement may be amended by the Intermodal Interchange Executive Committee.
HISTORY: 2005 Act No. 35, Section 1, eff upon approval (became law without the Governor's signature on April 19, 2005).
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-210. Application for a certificate.

(A) An applicant applying for a certificate or applying to amend a certificate to operate as a motor vehicle common carrier must submit a written application to the commission on a form provided by the commission. The commission must post information regarding an application to apply for a certificate or amend a certificate for fifteen days immediately following receipt of the application. Any person who may be affected by the issuance or amendment of the requested certificate or amendment may file a written objection with the commission within fourteen days after the commission posts the notice regarding the application.
(B)(1) If no objection to an application is filed pursuant to subsection (A), the commission may meet to determine if the applicant is fit, willing, and able to perform the proposed service, upon a showing based upon criteria established by the commission. If the commission issues a directive approving the application, the Office of Regulatory Staff may then issue the certificate. The directive of the commission shall serve as the commission's order thirty days after issuance.
(2) If an objection is filed with the commission, the commission must hold a hearing to determine if the applicant is fit, willing, and able to perform the proposed service. The commission must publish a notice of hearing for an application for a certificate on the commission's website for not less than thirty days before the date of the hearing.
(C) If an application is denied, another application may not be made until at least six months have elapsed since the date of the denial.
HISTORY: 1962 Code Section 58-1411; 1952 Code Section 58-1411; 1942 Code Section 8509; 1932 Code Section 8509; 1925 (34) 252; 1930 (36) 1068; 1933 (38) 429; 2006 Act No. 318, Section 145, eff May 24, 2006; 2022 Act No. 214 (S.1045), Section 6, eff May 23, 2022.
Editor's Note
2022 Act No. 214, Section 25, provides as follows:
"SECTION 25. The Public Service Commission must make information readily available so that the general public can easily access information regarding the requirements in Articles 3 and 9 in Chapter 23, Title 58. This includes, but is not limited to, the commission posting on its website information regarding the following: list of certified companies, maximum rates, insurance, and complaint resolution."
Effect of Amendment
2022 Act No. 214, Section 6, rewrote the section.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-220. Class A certificates.

The Office of Regulatory Staff, upon directive of the commission, may issue a certificate A in the following cases:
(1) to an applicant to operate in territory already served by any certificate holder under this chapter or any common carrier when such territory is not already being reasonably served by some other certificate holder or common carrier, provided such applicant proposes to operate on a fixed schedule and to comply with the other provisions contained in Articles 1 to 11 of this chapter and the rules and regulations which may be made by the commission respecting holders of this class of certificates; and
(2) to an applicant for a certificate to operate upon a regular schedule in a territory not already served by the holder of a certificate A, when such territory is not being reasonably served by a certificate holder under this chapter or a common carrier; provided, that when a certificate A is issued to an applicant over territory which is being served at the time such certificate is granted by the holder of a certificate B, the right of the applicant to operate under certificate A shall not begin until the expiration of the then license year of the holder of the certificate B and the holder of a certificate B shall be preferred in granting a certificate A over the route unless it would not be in the interest of the public service.
In either case the existence of a railroad or other motor vehicle carrier in the territory sought to be served by the applicant shall not be considered by the commission as good cause for refusing the application.
HISTORY: 1962 Code Section 58-1412; 1952 Code Section 58-1412; 1942 Code Section 8510; 1932 Code Section 8510; 1925 (34) 252; 1930 (36) 1068; 2006 Act No. 318, Section 145, eff May 24, 2006; 2022 Act No. 214 (S.1045), Section 7, eff May 23, 2022.
Editor's Note
2022 Act No. 214, Section 25, provides as follows:
"SECTION 25. The Public Service Commission must make information readily available so that the general public can easily access information regarding the requirements in Articles 3 and 9 in Chapter 23, Title 58. This includes, but is not limited to, the commission posting on its website information regarding the following: list of certified companies, maximum rates, insurance, and complaint resolution."
Effect of Amendment
2022 Act No. 214, Section 7, in the first undesignated paragraph, substituted "directive" for "order"; in (1), substituted "such territory is not" for "the public convenience and necessity in such territory are not" and "proposes" for "propose"; and in (2), substituted "such territory is not" for "public convenience and necessity in such territory are not" and deleted "in the judgment of the commission" following "route unless".
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-230. Class B certificates.

The Office of Regulatory Staff, upon directive of the commission, may issue a certificate B when the applicant does not propose to operate regularly upon a fixed schedule or route but will operate in instances when by his solicitation or otherwise he has procured passengers to be transported over the route or routes designated in his application.
HISTORY: 1962 Code Section 58-1413; 1952 Code Section 58-1413; 1942 Code Section 8510; 1932 Code Section 8510; 1925 (34) 252; 1930 (36) 1068; 2006 Act No. 318, Section 145, eff May 24, 2006; 2022 Act No. 214 (S.1045), Section 8, eff May 23, 2022.
Editor's Note
2022 Act No. 214, Section 25, provides as follows:
"SECTION 25. The Public Service Commission must make information readily available so that the general public can easily access information regarding the requirements in Articles 3 and 9 in Chapter 23, Title 58. This includes, but is not limited to, the commission posting on its website information regarding the following: list of certified companies, maximum rates, insurance, and complaint resolution."
Effect of Amendment
2022 Act No. 214, Section 8, rewrote the section.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-240. Class C certificates.

The Office of Regulatory Staff, upon directive of the commission, may issue a certificate C to any applicant who does not propose in any way to solicit the transportation of persons over improved public highways outside of the corporate limits of any city or town or to operate upon a regular schedule, but who is privately employed for a specific trip and who will not solicit or receive patronage along the route. But those operators may solicit passengers (a) for destination within the corporate limits of any city or town wherein such passengers are solicited, (b) within a radius of two miles of the corporate limits of the city or town in which they are licensed to do business, and (c) upon such highways as are not served by a holder of an A or B certificate.
HISTORY: 1962 Code Section 58-1414; 1952 Code Section 58-1414; 1942 Code Section 8510; 1932 Code Section 8510; 1925 (34) 252; 1930 (36) 1068; 2006 Act No. 318, Section 145, eff May 24, 2006; 2022 Act No. 214 (S.1045), Section 9, eff May 23, 2022.
Editor's Note
2022 Act No. 214, Section 25, provides as follows:
"SECTION 25. The Public Service Commission must make information readily available so that the general public can easily access information regarding the requirements in Articles 3 and 9 in Chapter 23, Title 58. This includes, but is not limited to, the commission posting on its website information regarding the following: list of certified companies, maximum rates, insurance, and complaint resolution."
Effect of Amendment
2022 Act No. 214, Section 9, in the first sentence, substituted "directive" for "order".
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-250. Class D certificates.

The Office of Regulatory Staff, upon directive of the commission, may issue a certificate D for property-carrying vehicles which will operate upon regular routes and schedules over such highways.
HISTORY: 1962 Code Section 58-1415; 1952 Code Section 58-1415; 1942 Code Section 8510; 1932 Code Section 8510; 1925 (34) 252; 1930 (36) 1068; 2006 Act No. 318, Section 145, eff May 24, 2006; 2022 Act No. 214 (S.1045), Section 10, eff May 23, 2022.
Editor's Note
2022 Act No. 214, Section 25, provides as follows:
"SECTION 25. The Public Service Commission must make information readily available so that the general public can easily access information regarding the requirements in Articles 3 and 9 in Chapter 23, Title 58. This includes, but is not limited to, the commission posting on its website information regarding the following: list of certified companies, maximum rates, insurance, and complaint resolution."
Effect of Amendment
2022 Act No. 214, Section 10, substituted "directive" for "order".
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-260. Class E certificates.

The Office of Regulatory Staff, upon directive of the commission, may issue a certificate E for the property-carrying vehicles which will not operate upon any particular route or schedule.
HISTORY: 1962 Code Section 58-1416; 1952 Code Section 58-1416; 1942 Code Section 8510; 1932 Code Section 8510; 1925 (34) 252; 1930 (36) 1068; 2006 Act No. 318, Section 145, eff May 24, 2006; 2022 Act No. 214 (S.1045), Section 11, eff May 23, 2022.
Editor's Note
2022 Act No. 214, Section 25, provides as follows:
"SECTION 25. The Public Service Commission must make information readily available so that the general public can easily access information regarding the requirements in Articles 3 and 9 in Chapter 23, Title 58. This includes, but is not limited to, the commission posting on its website information regarding the following: list of certified companies, maximum rates, insurance, and complaint resolution."
Effect of Amendment
2022 Act No. 214, Section 11, substituted "directive" for "order".
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-270. Class F certificates.

The Office of Regulatory Staff, upon directive of the commission, may issue a certificate F to any person or corporation who proposes to engage in the business commonly known as contract hauling of freight or property when such applicant does not propose to operate upon a regular schedule or over a regular route or to solicit or receive patronage along the route.
HISTORY: 1962 Code Section 58-1417; 1952 Code Section 58-1417; 1942 Code Section 8510; 1932 Code Section 8510; 1925 (34) 252; 1930 (36) 1068; 1978 Act No. 412, eff March 6, 1978; 2006 Act No. 318, Section 145, eff May 24, 2006; 2022 Act No. 214 (S.1045), Section 12, eff May 23, 2022.
Editor's Note
2022 Act No. 214, Section 25, provides as follows:
"SECTION 25. The Public Service Commission must make information readily available so that the general public can easily access information regarding the requirements in Articles 3 and 9 in Chapter 23, Title 58. This includes, but is not limited to, the commission posting on its website information regarding the following: list of certified companies, maximum rates, insurance, and complaint resolution."
Effect of Amendment
2022 Act No. 214, Section 12, substituted "directive" for "order".
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-280. Provisions governing class A and C certificates shall apply to D and E certificates.

The provisions of this chapter governing the granting of certificates A and C apply to certificates D and E.
HISTORY: 1962 Code Section 58-1418; 1952 Code Section 58-1418; 1942 Code Section 8510; 1932 Code Section 8510; 1925 (34) 252; 1930 (36) 1068; 2006 Act No. 318, Section 145, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-290. Partial A, B, and D certificates.

In ordering the issuance of a certificate A, B, or D the commission may direct the issuance of a certificate for partial exercise only of the privileges sought, but without alteration of the license charges fixed thereon.
HISTORY: 1962 Code Section 58-1419; 1952 Code Section 58-1419; 1942 Code Section 8510; 1932 Code Section 8510; 1925 (34) 252; 1930 (36) 1068; 2006 Act No. 318, Section 145, eff May 24, 2006; 2022 Act No. 214 (S.1045), Section 13, eff May 23, 2022.
Editor's Note
2022 Act No. 214, Section 25, provides as follows:
"SECTION 25. The Public Service Commission must make information readily available so that the general public can easily access information regarding the requirements in Articles 3 and 9 in Chapter 23, Title 58. This includes, but is not limited to, the commission posting on its website information regarding the following: list of certified companies, maximum rates, insurance, and complaint resolution."
Effect of Amendment
2022 Act No. 214, Section 13, substituted "direct" for "order".
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-300. Repealed.

HISTORY: Former Section, titled Publication of notice of hearings on applications for class A, B or D certificates, had the following history: 1962 Code Section 58-1420; 1952 Code Section 58-1420; 1942 Code Section 8509; 1932 Code Section 8509; 1925 (34) 252; 1930 (36) 1068; 1933 (38) 429; 2006 Act No. 318, Section 145, eff May 24, 2006. Repealed by 2022 Act No. 214, Section 24, eff May 23, 2022.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-310. Certain applicants granted certificates as matter of right.

The commission must order the issuance of a certificate as a matter of right when it appears that the applicant was operating in good faith on or before June 8, 1925, but was not operating immediately prior thereto or on that date because of impassable roads.
HISTORY: 1962 Code Section 58-1421; 1952 Code Section 58-1421; 1942 Code Section 8509; 1932 Code Section 8509; 1925 (34) 252; 1930 (36) 1068; 1933 (38) 429; 2006 Act No. 318, Section 145, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-320. Suspension, revocation, alteration or amendment of certificates; appeal.

The commission may, after a hearing, order the suspension, revocation, alteration, or amendment of any certificate issued pursuant to Articles 1 through 11 of this chapter, if it is proved that the holder of the certificate wilfully made any misrepresentation of a material fact in obtaining his certificate or wilfully violated or refused to observe the laws of this State touching motor vehicle carriers or wilfully violated any of the terms of his certificate or of the commission's proper orders, rules, or regulations. But the holder of the certificate has the right of appeal to any court of competent jurisdiction. The commission must not be a party to any appeal.
HISTORY: 1962 Code Section 58-1422; 1952 Code Section 58-1422; 1942 Code Section 8518; 1932 Code Section 8518; 1925 (34) 252; 2006 Act No. 318, Section 145, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-330. Repealed.

HISTORY: Former Section, titled Grounds for issuance or denial of certificate, had the following history: 1983 Act No. 138 Section 18, eff March 1, 1984; 1988 Act No. 525, Section 2, eff May 18, 1988; 1989 Act No. 184, Section 6, eff June 8, 1989; 2006 Act No. 318, Section 145, eff May 24, 2006. Repealed by 2022 Act No. 214, Section 24, eff May 23, 2022.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-340. Alienation or lease of certificates issued after July 1, 1983.

Notwithstanding custom or usage or any regulation, or other provision of law, it is unlawful for any person to sell, lease, or otherwise transfer a certificate of public convenience and necessity 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 effect the sale, lease, or otherwise transfer of a certificate of public convenience and necessity issued prior to July 1, 1983.
HISTORY: 1983 Act No. 138 Section 19, eff June 15, 1983; 2006 Act No. 318, Section 145, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-510. Applications for annual licenses.

Every motor vehicle carrier which shall operate in this State shall, as soon as such certificate is issued and annually on or before each succeeding January first as long as such certificate remains in force, present it, with any changes which have been ordered by the commission, to the Office of Regulatory Staff and make an application in writing to the Office of Regulatory Staff for registration and license as prescribed in Chapter 3 of Title 56 for owners of motor vehicles generally.
HISTORY: 1962 Code Section 58-1431; 1952 Code Section 58-1431; 1942 Code Section 8512; 1932 Code Section 8512; 1925 (34) 252; 1930 (36) 1068; 1938 (40) 1915; 2006 Act No. 318, Section 146, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-520. Information which shall be furnished in applications for class A and B certificates.

In such application, beside the other matters by law prescribed, the applicant for a certificate A or B for passenger vehicles shall state the following:
(1) The seating capacity of the vehicle;
(2) The route on which the motor vehicle is to be used;
(3) Whether reserve or substitute vehicles are maintained by the applicant to be used only in emergencies and if so the number of such reserve and substitute vehicles and a complete description of each;
(4) The length of route in miles on improved public highways in this State;
(5) The weight of the vehicle when empty; and
(6) The schedule under which the vehicle shall operate during the ensuing year.
But an applicant for a certificate B will not be required to furnish a schedule with this application.
HISTORY: 1962 Code Section 58-1432; 1952 Code Section 58-1432; 1942 Code Section 8512; 1932 Code Section 8512; 1925 (34) 252; 1930 (36) 1068; 1938 (40) 1915.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-530 to 58-23-550. Repealed.

HISTORY: Former Section 58-23-530, titled License fees for class A certificate holders having twenty or more vehicles, had the following history: 1962 Code Section 58-1433; 1952 Code Section 58-1433; 1942 Code Section 8512; 1932 Code Section 8512; 1925 (34) 252; 1930 (36) 1068; 1938 (40) 1915; 1983 Act No. 138 Section 23, eff July 1, 1983; 2006 Act No. 318, Section 147, eff May 24, 2006. Repealed by 2022 Act No. 214, Section 24, eff May 23, 2022.
HISTORY: Former Section 58-23-540, titled Computation of carrying weight of passenger vehicles, had the following history: 1962 Code Section 58-1434; 1952 Code Section 58-1434; 1942 Code Section 8512; 1932 Code Section 8512; 1925 (34) 252; 1930 (36) 1068; 1938 (40) 1915. Repealed by 2022 Act No. 214, Section 24, eff May 23, 2022.
HISTORY: Former Section 58-23-550, titled License fees for class B certificate holders having twenty or more vehicles, had the following history: 1962 Code Section 58-1435; 1952 Code Section 58-1435; 1942 Code Section 8512; 1932 Code Section 8512; 1925 (34) 252; 1930 (36) 1068; 1938 (40) 1915; 1983 Act No. 138 Section 23, eff July 1, 1983; 2006 Act No. 318, Section 148, eff May 24, 2006. Repealed by 2022 Act No. 214, Section 24, eff May 23, 2022.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-560. License fees for class A, B, or C certificate holders.

A holder of a certificate A, B, or C must annually before January first of each year pay to the Office of Regulatory Staff a fee of fifty dollars per vehicle.
HISTORY: 1962 Code Section 58-1436; 1952 Code Section 58-1436; 1942 Code Section 8512; 1932 Code Section 8512; 1925 (34) 252; 1930 (36) 1068; 1938 (40) 1915; 1983 Act No. 138 Section 23, eff July 1, 1983; 2006 Act No. 318, Section 149, eff May 24, 2006; 2022 Act No. 214 (S.1045), Section 14, eff May 23, 2022.
Effect of Amendment
2022 Act No. 214, Section 14, rewrote the section.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-570. Information which shall be furnished in application for class D certificate.

In an application for a certificate D the applicant shall state, besides the other matters by law provided:
(1) The carrying capacity as given by the manufacturer of the motor vehicle;
(2) The route on which the motor vehicle is to be used;
(3) Whether reserve or substitute cars are maintained by the applicant to be used only in emergencies and, if so, the number of such reserve and substitute cars and a complete description of each;
(4) The length of the route in miles on improved public highways in this State;
(5) The weight of the vehicle when empty; and
(6) The schedule under which the vehicle shall operate during the ensuing year.
HISTORY: 1962 Code Section 58-1437; 1952 Code Section 58-1437; 1942 Code Section 8512; 1932 Code Section 8512; 1925 (34) 252; 1930 (36) 1068; 1938 (40) 1915.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-590. Carriers of household goods and hazardous waste for disposal; fees.

(A) The commission may promulgate regulations that establish enforcement procedures and powers to govern the operations of carriers of household goods and hazardous waste for disposal.
(B) The Office of Regulatory Staff is authorized to establish a Transportation Division to carry out its responsibilities and may assess the carriers of household goods and hazardous waste for disposal fees necessary to fund this office and to carry out its responsibilities.
(C) The Office of Regulatory Staff is authorized to employ necessary personnel to administer and enforce the provisions of this chapter as they apply to carriers of household goods and hazardous waste for disposal. A carrier operating in violation of a provision of Articles 1 through 12 of this chapter is guilty of a misdemeanor and, upon conviction, must pay penalties provided in Section 58-23-80. A fine of one thousand dollars is imposed on the violators of the certification and registration requirements. Seventy-five percent of this fine must be remitted to the Office of Regulatory Staff to be used for the operation of the Transportation Division. Magistrates have jurisdiction over contested violations of this section and are prohibited from suspending or reducing the penalties.
HISTORY: 1962 Code Section 58-1439; 1952 Code Section 58-1439; 1942 Code Section 8512; 1932 Code Section 8512; 1925 (34) 252; 1930 (36) 1068; 1938 (40) 1915; 1959 (51) 391; 1962 (52) 2160; 1963 (53) 95; 1964 (53) 1803; 1995 Act No. 145, Part II, Section 51C, eff June 29, 1995; 2006 Act No. 318, Section 150, eff May 24, 2006; 2022 Act No. 214 (S.1045), Section 15, eff May 23, 2022.
Effect of Amendment
2022 Act No. 214, Section 15, in (A), substituted "may promulgate regulations that" for "must promulgate regulations necessary to control entry and certification standards, set rates and charges, and"; in (B), substituted "a Transportation Division" for "an Office of Compliance"; deleted (C) and (D), which related to the Office of Regulatory Staff issuing a common carrier certificate or contract carrier permit of public convenience and necessity, and redesignated former (E) as (C); and in (C), in the fourth sentence, substituted "Transportation Division" for "Office of Compliance".
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-600. Time of payment of fees.

A holder of a certificate D, E, or F must annually pay to the Office of Regulatory Staff fees pursuant to Section 58-4-60.
HISTORY: 1962 Code Section 58-1440; 1952 Code Section 58-1440; 1942 Code Section 8512; 1932 Code Section 8512; 1925 (34) 252; 1930 (36) 1068; 1938 (40) 1915; 1965 (54) 327; 2022 Act No. 214 (S.1045), Section 16, eff May 23, 2022.
Effect of Amendment
2022 Act No. 214, Section 16, rewrote the section.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-610. Fees shall not be refunded for period when license not used; exception.

No portion of a license fee paid as aforesaid will be refunded for any part of the year during which the license is not used except that when any carrier is prohibited from operating over his route by virtue of the closing of any road by the State, county, city or town authorities, there shall be a proper readjustment and credit given such operator proportionately for such unused portion of his license, unless a passable detour is provided.
HISTORY: 1962 Code Section 58-1441; 1952 Code Section 58-1441; 1942 Code Section 8513; 1932 Code Section 8513; 1925 (34) 252.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-620. Situations in which local fees may or may not be imposed.

(A) A municipality or county in this State may not impose a license fee or license tax upon a holder of a certificate A or a certificate B, and a municipality or county may not impose a license fee or license tax on the holder of a certificate E or a certificate F, Certificate of Compliance, or a common or contract motor carrier of property, except the municipality of the carrier's residence or the location of the carrier's principal place of business. However, the fee required of a holder of a certificate C is in addition to any license tax or license fee charged by a municipality.
(B) If a municipality or county imposes a license fee or license tax pursuant to subsection (A), the fee or tax in the case of any certificate holder or common or contract motor carrier of property which operates its vehicles both within and without this State, must be apportioned in the ratio that the miles traveled by the vehicles operated by the certificate holder in this State bears to miles traveled by those vehicles in all states.
HISTORY: 1962 Code Section 58-1442; 1952 Code Section 58-1442; 1942 Code Section 8512; 1932 Code Section 8512; 1925 (34) 252; 1930 (36) 1068; 1938 (40) 1915; 1995 Act No. 145, Part II, Section 51D, eff June 29, 1995; 2017 Act No. 40 (H.3516), Section 8.H, eff January 1, 2019.
Editor's Note
2017 Act No. 40, Sections 8.L, 8.M, provide as follows:
"L. (1) Notwithstanding any provision to the contrary within this SECTION, a person who registers a vehicle for use in this State pursuant to Article 23, Chapter 37, Title 12, as amended by this act, must register his vehicle during calendar year 2019 and is required to pay the road fees calculated based on the fair market value of the vehicle as specified in Sections 12-37-2820 and 12-37-2850 at the time the vehicle's registration fees are paid.
"(2) Notwithstanding the provisions in Section 12-37-2865(B) and (C), as contained in this SECTION, to the contrary, during calendar year 2019, the first four hundred thousand dollars of fee revenue collected pursuant to Section 12-37-2865 must be retained by the Department of Motor Vehicles to defray programming costs.
"(3) The initial millage required by Section 12-37-2850 must be calculated on or before June 1, 2018.
"M. This SECTION takes effect January 1, 2019, except that the Department of Revenue, in consultation with the Revenue and Fiscal Affairs Office, shall calculate the millage to be used to calculate the road use fee provided in Section 12-37-2850 by July 1, 2018."
Effect of Amendment
2017 Act No. 40, Section 8.H, rewrote the section, apportioning certain license fees and taxes.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-630. Distribution of license fees.

All license fees for the operation of motor vehicles for hire collected by the Office of Regulatory Staff pursuant to the provisions of this article must be deposited in the State Treasury and there shall be transferred from such collections to the general fund of the State so much as is estimated to cover the costs of administration and collection of such fees.
HISTORY: 1962 Code Section 58-1443; 1952 Code Section 58-1443; 1942 Code Section 8517; 1932 Code Section 8517; 1925 (34) 252; 1935 (39) 25; 1938 (50) 1915; 1941 (42) 227; 1944 (43) 1168; 1964 (53) 2104; 1985 Act No. 201, Part II, Section 6C, eff June 20, 1985; 2006 Act No. 318, Section 151, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-910. Insurance, bond, or certificate of self-insurance required of certificate holders generally.

Prior to the issuance of the certificate, the motor carrier shall procure and file with the Office of Regulatory Staff either liability and property damage insurance, a surety bond with some casualty or surety company authorized to do business in this State, or a certificate of self-insurance as provided by Section 56-9-60 on all motor vehicles to be used in the service in that amount as the commission may determine, insuring or indemnifying passengers or cargo and the public receiving personal injury by reason of any act of negligence and for damage to property of any person other than the assured. The policy, bond, or certificate of self-insurance must contain those conditions, provisions, and limitations as the commission may prescribe and must be kept in full force and effect and failure to do so is cause for the revocation of the certificate.
HISTORY: 1962 Code Section 58-1481; 1952 Code Section 58-1481; 1942 Code Section 8511; 1932 Code Section 8511; 1925 (34) 252; 1930 (36) 1327; 1931 (37) 145; 1935 (39) 25; 1944 (43) 1343; 1988 Act No. 525, Section 1, eff May 18, 1988; 2006 Act No. 318, Section 152, eff May 24, 2006; 2022 Act No. 214 (S.1045), Section 17, eff May 23, 2022.
Editor's Note
2022 Act No. 214, Section 25, provides as follows:
"SECTION 25. The Public Service Commission must make information readily available so that the general public can easily access information regarding the requirements in Articles 3 and 9 in Chapter 23, Title 58. This includes, but is not limited to, the commission posting on its website information regarding the following: list of certified companies, maximum rates, insurance, and complaint resolution."
Effect of Amendment
2022 Act No. 214, Section 17, in the first sentence, substituted "Prior to the issuance of the certificate, the motor carrier shall" for "The commission shall, in ordering the issuance of a certificate, require the applicant to".
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-920. Insurance required of owners of motor vehicles transporting goods for hire.

The owner or owners of all motor vehicles transporting goods of any kind for hire on the roads of this State are hereby required as a condition precedent for using the highways of this State to carry with some reputable insurance company liability insurance and property damage insurance in such sums as the Public Service Commission may determine. Any person or corporation violating the terms of this provision shall be fined in an amount of not less than one hundred dollars or not more than five hundred dollars for the first offense and an amount of not less than five hundred dollars or not more than two thousand dollars for each subsequent offense or shall suffer imprisonment of a term of not less than thirty days or not more than one year for the first offense and for not less than six months or not more than three years for each subsequent offense. This section is cumulative and does not repeal any other provisions of this Code relating to this subject.
HISTORY: 1962 Code Section 58-1482; 1952 Code Section 58-1482; 1949 (46) 466.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-930. Insurance not required of owners of certain motor vehicles subject to federal Surface Transportation Board.

No owner of a motor vehicle using such vehicle as part of a terminal service in connection with the business of transporting goods by rail shall be required to carry liability or property damage insurance on such motor vehicle if such business of such owner is under the jurisdiction of the federal Surface Transportation Board and if the Surface Transportation Board has required and does require such owner to set up insurance reserves covering liability resulting from the conduct of such business, including liability arising out of and in connection with the operation of such motor vehicle and if such insurance reserves have been and are actually so set up.
The owner of such a motor vehicle shall attach inside of the cab of such vehicle in a conspicuous place a certificate signed by such owner, or his duly authorized representative, setting forth that the business of such owner is under the jurisdiction of the federal Surface Transportation Board and that such board has required and does require such owner to set up insurance reserves.
HISTORY: 1962 Code Section 58-1483; 1952 Code Section 58-1483; 1942 Code Section 8530-2; 1939 (41) 185; 2022 Act No. 214 (S.1045), Section 18, eff May 23, 2022.
Editor's Note
2022 Act No. 214, Section 25, provides as follows:
"SECTION 25. The Public Service Commission must make information readily available so that the general public can easily access information regarding the requirements in Articles 3 and 9 in Chapter 23, Title 58. This includes, but is not limited to, the commission posting on its website information regarding the following: list of certified companies, maximum rates, insurance, and complaint resolution."
Effect of Amendment
2022 Act No. 214, Section 18, in the first undesignated paragraph, substituted "federal Surface Transportation Board and if the Surface Transportation Board" for "Interstate Commerce Commission and if the Interstate Commerce Commission", and in the second undesignated paragraph, substituted "federal Surface Transportation Board and that such board" for "Interstate Commerce Commission and that such Commission".
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-1010. General powers of commission.

(A) The commission shall regulate every motor carrier in this State and fix or approve the classifications and regulations pertaining to each motor carrier, except as provided in Section 58-23-20.
(B) As to holders of a certificate E, the carrier shall file a maximum rate schedule with the commission. The commission must post the maximum rate schedule filing within one business day of receipt. The new maximum rate schedule shall go into effect one business day following the commission's posting of the new schedule. Holders of certificate E shall have the flexibility for adjustment of the rates below the maximum rate levels without commission approval. The commission shall publish the maximum rate schedule on its website.
HISTORY: 1962 Code Section 58-1461; 1952 Code Section 58-1461; 1942 Code Section 8516; 1932 Code Section 8516; 1925 (34) 252; 1977 Act No. 116; 1989 Act No. 184, Section 7, eff June 8, 1989; 2006 Act No. 318, Section 153, eff May 24, 2006; 2022 Act No. 214 (S.1045), Section 19, eff May 23, 2022.
Effect of Amendment
2022 Act No. 214, Section 19, rewrote the section.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-1020. Certain routes or schedules shall not be changed without permit from Commission.

No motor vehicle carrier holding a certificate A, B, or D shall change the route or schedule of his motor vehicle during any year for which a license has been issued without procuring an order of the commission before the route is changed.
HISTORY: 1962 Code Section 58-1462; 1952 Code Section 58-1462; 1942 Code Section 8513; 1932 Code Section 8513; 1925 (34) 252; 2022 Act No. 214 (S.1045), Section 20, eff May 23, 2022.
Effect of Amendment
2022 Act No. 214, Section 20, substituted "an order of the commission" for "a permit in writing from the Commission" and made a nonsubstantive change.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-1030. Occasional detours; use of substitute or reserve vehicles in emergencies.

Nothing in this chapter shall be construed to prevent a motor vehicle carrier from making occasional detours from his regular route or from replacing in an emergency any such vehicle by a substitute vehicle in order to maintain an approved schedule, or from operating temporarily in an emergency, reserve vehicles on its route for the public accommodation.
HISTORY: 1962 Code Section 58-1463; 1952 Code Section 58-1463; 1942 Code Section 8513; 1932 Code Section 8513; 1925 (34) 252.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-1040. Carriers liable for baggage only when checked.

Motor carriers shall be responsible for loss or damage to baggage only when such baggage has been checked with the operator of the vehicle.
HISTORY: 1962 Code Section 58-1464; 1952 Code Section 58-1464; 1942 Code Section 8511; 1932 Code Section 8511; 1925 (34) 252; 1930 (36) 1327; 1931 (37) 145; 1935 (39) 25.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-1050. Certain statutory provisions not applicable to baggage.

The provisions of Articles 1 to 11 of this chapter as to motor vehicles carrying property shall not apply to the baggage of passengers transported by holders of certificates A, B or C.
HISTORY: 1962 Code Section 58-1465; 1952 Code Section 58-1465; 1942 Code Section 8512; 1932 Code Section 8512; 1925 (34) 252; 1930 (36) 1068; 1938 (40) 1915.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 23 - Motor Vehicle Carriers › Section 58-23-1060. Repealed.

HISTORY: Former Section, titled Commission may require establishment of bus stations, had the following history: 1962 Code Section 58-1466; 1952 Code Section 58-1466; 1942 Code Section 8528; 1932 Code Section 8528; 1930 (36) 1281; 1935 (39) 25. Repealed by 2022 Act No. 214, Section 24, eff May 23, 2022.