South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 1 - UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS › Part 38-383 - COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES › Subpart A - GENERAL › Section 38-383.5 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
As used in 38-382:
Administrator means the Federal Highway Administrator,
						the chief executive of the Federal Highway Administration, an agency within the
						Department of Transportation.
Alcohol or alcoholic beverage means: (a) Beer as defined
						in 26 U.S.C.
						5052(a), of the Internal
						Revenue Code of 1954, (b) wine of not less than one half of one per centum of
						alcohol by volume, or (c) distilled spirits as defined in section 5002(a)(8),
						of the Internal Revenue Code of 1954.
Alcohol concentration (AC) means the concentration of
						alcohol in a person's blood or breath. When expressed as a percentage it means
						grams of alcohol per 100 milliliters of blood or grams of alcohol per 210
						liters of breath.
Alien means any person not a citizen or national of the
						United States.
Commerce means
(a) any trade, traffic or transportation within the
						jurisdiction of the United States between a place in a State and a place
						outside of such State, including a place outside of the United States and
(b) trade, traffic, and transportation in the United
						States which affects any trade, traffic, and transportation described in
						paragraph (a) of this definition.
Commercial driver's license (CDL) means a license issued
						by a State or other jurisdiction, in accordance with the standards contained in
						49 CFR part 383, to an individual which authorizes the individual to operate a
						class of a commercial motor vehicle.
Commercial driver's license information system (CDLIS)
						means the CDLIS established by FHWA pursuant to section 12007 of the Commercial
						Motor Vehicle Safety Act of 1986.
Commercial motor vehicle (CMV) means a motor vehicle or
						combination of motor vehicles used in commerce to transport passengers or
						property if the motor vehicle
(a) Has a gross combination weight rating of 11,794
						kilograms or more (26,001 pounds or more) inclusive of a towed unit with a
						gross vehicle weight rating of more than 4,536 kilograms (10,000 pounds);
						or
(b) Has a gross vehicle weight rating of 11,794 or more
						kilograms (26,001 pounds or more); or
(c) Is designed to transport 16 or more passengers,
						including the driver; or
(d) Is of any size and is used in the transportation of
						hazardous materials as defined in 38-383.
Controlled substance has the meaning such term has under
						section 102(6), of the Controlled Substances Act (
						21
						U.S.C. 802(6) ) and includes
						all substances listed on schedules I through V of 21 CFR part 1308, as they may
						be revised from time to time. Schedule I substances are identified in appendix
						D of this regulation and schedules II through V are identified in appendix E of
						this regulation.
Conviction means an un-vacated adjudication of guilt, or
						a determination that a person has violated or failed to comply with the law in
						a court of original jurisdiction or by an authorized administrative tribunal,
						an un-vacated forfeiture of bail or collateral deposited to secure the person's
						appearance in court, a plea of guilty or nolo contendere accepted by the court,
						the payment of a fine or court cost, or violation of a condition of release
						without bail, regardless of whether or not the penalty is rebated, suspended,
						or probated."
Disqualification means either:
(a) The suspension, revocation, cancellation, or any
						other withdrawal by a State of a person's privileges to drive a commercial
						motor vehicle; or
(b) A determination by the FHWA, under the rules of
						practice for motor carrier safety contained in part 386, that a person is no
						longer qualified to operate a commercial motor vehicle under part 38-391;
						or
(c) The loss of qualification which automatically follows
						conviction of an offense listed in Regulation Regulation
						38-383.51.
Driver applicant means an individual who applies to a
						State to obtain, transfer, upgrade, or renew a CDL.
Driver's license means a license issued by a State or
						other jurisdiction, to an individual which authorizes the individual to operate
						a motor vehicle on the highways.
Driving a commercial motor vehicle while under the
						influence of alcohol means committing any one or more of the following acts in
						a CMV: driving a CMV while the person's alcohol concentration is 0.04 percent
						or more; driving under the influence of alcohol, as prescribed by State law; or
						refusal to undergo such testing as is required by any State or jurisdiction in
						the enforcement of Regulation Regulation
						38-383.51(b)(2)(i)(A)
						or (B), or Regulation
						38-392.5(a)(2).
Eligible unit of local government means a city, town,
						borough, county, parish, district, or other public body created by or pursuant
						to State law which has a total population of 3,000 individuals or less.
Employee means any operator of a commercial motor
						vehicle, including full time, regularly employed drivers; casual, intermittent
						or occasional drivers; leased drivers and independent, owner operator
						contractors (while in the course of operating a commercial motor vehicle) who
						are either directly employed by or under lease to an employer.
Employer means any person (including the United States, a
						State, District of Columbia or a political subdivision of a State) who owns or
						leases a commercial motor vehicle or assigns employees to operate such a
						vehicle.
Endorsement means an authorization to an individual's CDL
						required to permit the individual to operate certain types of commercial motor
						vehicles.
Fatality means the death of a person as a result of a
						motor vehicle accident.
Felony means an offense under State or Federal law that
						is punishable by death or imprisonment for a term exceeding 1 year.
Foreign means outside the fifty United States and the
						District of Columbia.
"Gross vehicle weight rating" means the actual weight or
						the value specified by the manufacturer as maximum loaded weight of a single or
						a combination vehicle or the registered gross weight, whichever is greater. The
						gross vehicle weight rating of a combination vehicle (commonly referred to as
						the "gross combination weight rating") is the gross vehicle weight rating of
						the power unit plus the gross vehicle weight rating of a towed unit. South
						Carolina Code of Laws Section
						56-1-2030.
Hazardous materials means any material that has been
						designated as hazardous under
						49 U.S.C.
						5103 and is required to be placarded under
						subpart F of 49 CFR part 172 or any quantity of a material listed as a select
						agent or toxin in 42 CFR part 73.
Motor vehicle means a vehicle, machine, tractor, trailer,
						or semitrailer propelled or drawn by mechanical power used on highways, except
						that such term does not include a vehicle, machine, tractor, trailer,
						semitrailer operated exclusively on a rail.
Nonresident CDL means a CDL issued by a State to an
						individual domiciled in a foreign country.
Out of service order means a declaration by an authorized
						enforcement officer of a Federal, State, Canadian, Mexican, or local
						jurisdiction that a driver, a commercial motor vehicle, or a motor carrier
						operation, is out of service pursuant to Regulations 386.72, 38-392.5, 395.13,
						38-38-396.9, or compatible laws, or the North American Uniform Out of Service
						Criteria.
Representative vehicle means a motor vehicle which
						represents the type of motor vehicle that a driver applicant operates or
						expects to operate.
Serious traffic violation means conviction, when
						operating a commercial motor vehicle, of:
(a) Excessive speeding, involving any single offense for
						any speed of 15 miles per hour or more above the posted speed limit;
(b) Reckless driving, as defined by State or local law or
						regulation, including but not limited to offenses of driving a commercial motor
						vehicle in willful or wanton disregard for the safety of persons or
						property;
(c) Improper or erratic traffic lane changes;
(d) Following the vehicle ahead too closely;
(e) A violation, arising in connection with a fatal
						accident, of State or local law relating to motor vehicle traffic
						control;
(f) Driving a CMV without obtaining a CDL;
(g) Driving a CMV without a CDL in the driver's
						possession. Any individual who provides proof to the enforcement authority that
						issued the citation, by the date the individual must appear in court or pay an
						fine for such a violation, that the individual held a valid CDL on the date the
						citation was issued, shall not be guilty of this offense; or
(h) Driving a CMV without the proper class of CDL and/or
						endorsements for the specific vehicle group being operated or for the
						passengers or type of cargo being transported.
State means a State of the United States and the District
						of Columbia.
State of domicile means that State where a person has
						his/her true, fixed, and permanent home and principal residence and to which
						he/she has the intention of returning whenever he/she is absent.
"Tank vehicle" means a vehicle that is designed to
						transport a liquid or gaseous material within a tank that either is attached
						permanently or temporarily to the vehicle and which has a capacity of one
						thousand gallons or more. South Carolina Code of Laws Section
						56-1-2030.
The term United States means the 50 States and the
						District of Columbia.
Vehicle means a motor vehicle unless otherwise
						specified.
Vehicle group means a class or type of vehicle with
						certain operating characteristics.