reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 2 - CLASSIFICATION OF MOTOR CARRIERS › Section 103-110 - Class "A" Motor Carrier - Certificate of Public Convenience and Necessity

Current through Register Vol. 48, No. 6, June 28, 2024
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 approved by
				  the commission and issued by the ORS 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 ORS after approval by the
				  commission.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 2 - CLASSIFICATION OF MOTOR CARRIERS › Section 103-111 - Class "B" Motor Carrier - Certificate of Public Convenience and Necessity

Current through Register Vol. 48, No. 6, June 28, 2024
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 ORS after approval
				  by the commission.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 2 - CLASSIFICATION OF MOTOR CARRIERS › Section 103-112 - Class "C" Motor Carrier - Certificate of Public Convenience and Necessity

Current through Register Vol. 48, No. 6, June 28, 2024
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 ORS after approval by the commission,
				  except "charter buses," which must obtain a Charter Bus
				  Certificate.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 2 - CLASSIFICATION OF MOTOR CARRIERS › Section 103-114 - Class "E" Motor Carrier - Certificate of Public Convenience and Necessity

Current through Register Vol. 48, No. 6, June 28, 2024
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 ORS after
				  approval by the commission.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 2 - CLASSIFICATION OF MOTOR CARRIERS › Section 103-115 - Class "F" Motor Carrier - Certificate of Public Convenience and Necessity

Current through Register Vol. 48, No. 6, June 28, 2024
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 shall 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 ORS after approval by the
				  commission.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 3 - EXEMPTIONS FROM REGULATIONS › Section 103-120 - Motor Carriers Exempt from Economic Regulations

Current through Register Vol. 48, No. 6, June 28, 2024
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.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 3 - EXEMPTIONS FROM REGULATIONS › Section 103-122 - Further Exemptions

Current through Register Vol. 48, No. 6, June 28, 2024
1. The
				commission does not have jurisdiction over motor carriers solely:
a. Carrying on the business of transporting
				passengers exclusively within the limits of any municipality in this State for
				which they have a license to operate within that municipality;
b. Transporting passengers to or from state
				institutions located in Richland County; or
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.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 4 - APPLICATION PROCEDURES FOR CERTIFICATES › Section 103-130 - Applications Required

Current through Register Vol. 48, No. 6, June 28, 2024
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.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 4 - APPLICATION PROCEDURES FOR CERTIFICATES › Section 103-131 - Responsibility Fixed

Current through Register Vol. 48, No. 6, June 28, 2024
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.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 4 - APPLICATION PROCEDURES FOR CERTIFICATES › Section 103-132 - Publication of Notice of Filing

Current through Register Vol. 48, No. 6, June 28, 2024
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.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 4 - APPLICATION PROCEDURES FOR CERTIFICATES › Section 103-133 - Proof Required to Justify Approving an Application

Current through Register Vol. 48, No. 6, June 28, 2024
Applications cannot be amended within forty-eight (48) hours
				  of a scheduled hearing, unless leave to amend the application is granted by the
				  commission.
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 applicant applies for authority for more than
				three contiguous counties. 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 determines 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. Additionally, the
				applicant can file a statement indicating the applicant's purpose for seeking a
				Class E Certificate, the applicant's 5-year plan if the commission grants the
				applicant a Class E Certificate, and such other information that may be
				contained in a business proposal.
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.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 4 - APPLICATION PROCEDURES FOR CERTIFICATES › Section 103-134 - When Hearing May Be Held

Current through Register Vol. 48, No. 6, June 28, 2024
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.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 4 - APPLICATION PROCEDURES FOR CERTIFICATES › Section 103-136 - Protest

Current through Register Vol. 48, No. 6, June 28, 2024
Protest Served on commission, ORS and Applicant. The original
				  and any accompanying documents of the protest must be deposited in the United
				  States Mail addressed to the commission and ORS or delivered to the commission
				  and ORS 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.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 4 - APPLICATION PROCEDURES FOR CERTIFICATES › Section 103-137 - Amendments

Current through Register Vol. 48, No. 6, June 28, 2024
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.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 4 - APPLICATION PROCEDURES FOR CERTIFICATES › Section 103-138 - Restrictions, Limitations, and Terms

Current through Register Vol. 48, No. 6, June 28, 2024
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.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 4 - APPLICATION PROCEDURES FOR CERTIFICATES › Section 103-139 - Processing of Application by Applicant

Current through Register Vol. 48, No. 6, June 28, 2024
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.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 5 - OPERATIONS OF CERTIFICATED MOTOR CARRIERS › Section 103-150 - Beginning Operations Under a Certificate

Current through Register Vol. 48, No. 6, June 28, 2024
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 motor vehicles with the
				ORS;
2. Providing proof of
				insurance, self-insurance as verified by the S.C. Department of Motor Vehicles
				or a surety bond with the ORS 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 with
				the commission and the ORS; and
4.
				Undergoing the required inspection of vehicles and facilities. (Household Goods
				and Hazardous Waste for Disposal.)
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 5 - OPERATIONS OF CERTIFICATED MOTOR CARRIERS › Section 103-151 - Registration of Motor Vehicles

Current through Register Vol. 48, No. 6, June 28, 2024
1.
				Registration and License Fee Required. Before beginning operations as a motor
				carrier, all motor vehicles to be used in the operation must be registered with
				the ORS by completing the appropriate forms as provided by the ORS and by
				paying the appropriate license fees as set forth in Article III of the Motor
				Vehicle Carrier Law.
2. Adding
				Motor Vehicles to Operation. New or additional motor vehicles may be added to
				an operation at any time by appropriately registering the motor vehicle and
				paying the appropriate license fee.
3. Transferring Permit Cards and Decals. The
				permit card for a motor vehicle may be transferred to another motor vehicle
				upon presentation of the vehicle permit card to the ORS 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. Motor Vehicles to Be
				Re-registered. All registered motor vehicles to be continued in service must be
				re-registered each year as follows:
Motor carriers transporting passengers must provide a list of
				  and re-register the motor vehicles 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.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 5 - OPERATIONS OF CERTIFICATED MOTOR CARRIERS › Section 103-152 - Registration of Power Units Domiciled in South Carolina by Interstate Motor Carriers of Passengers

Current through Register Vol. 48, No. 6, June 28, 2024
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
				  motor vehicles 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.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 5 - OPERATIONS OF CERTIFICATED MOTOR CARRIERS › Section 103-153 - Marking or Identification of Vehicles

Current through Register Vol. 48, No. 6, June 28, 2024
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.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 5 - OPERATIONS OF CERTIFICATED MOTOR CARRIERS › Section 103-154 - License Decals and Vehicle Permit Cards

Current through Register Vol. 48, No. 6, June 28, 2024
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 ORS, and passenger vehicles shall have
				  displayed on the front windshield of the power unit of such vehicles the
				  license decals as issued by the ORS upon proper registration of the
				  vehicle.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 5 - OPERATIONS OF CERTIFICATED MOTOR CARRIERS › Section 103-155 - Transfer of Certificate of PC And N or Certificate of FWA Without Commission Approval Prohibited

Current through Register Vol. 48, No. 6, June 28, 2024
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.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 5 - OPERATIONS OF CERTIFICATED MOTOR CARRIERS › Section 103-156 - Unauthorized Use of Operating Rights Prohibited

Current through Register Vol. 48, No. 6, June 28, 2024
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.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 5 - OPERATIONS OF CERTIFICATED MOTOR CARRIERS › Section 103-157 - Duplication of Authority

Current through Register Vol. 48, No. 6, June 28, 2024
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.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 5 - OPERATIONS OF CERTIFICATED MOTOR CARRIERS › Section 103-158 - Issuance of Bills of Lading

Current through Register Vol. 48, No. 6, June 28, 2024
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.
				  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 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.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 5 - OPERATIONS OF CERTIFICATED MOTOR CARRIERS › Section 103-159 - Contents of Bills of Lading

Current through Register Vol. 48, No. 6, June 28, 2024
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
				by certified public scale, 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.;
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. Rate per hundred
				weight or rate per hour, whichever is applicable (motor carriers of household
				goods); and
14. Base liability
				amount of the carrier for its cargo.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 5 - OPERATIONS OF CERTIFICATED MOTOR CARRIERS › Section 103-162 - Bill of Lading to Accompany Shipment

Current through Register Vol. 48, No. 6, June 28, 2024
Each shipment by a freight carrier holding a Certificate of
				  PC&N or FWA must be accompanied by the bill of lading relating thereto 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.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 5 - OPERATIONS OF CERTIFICATED MOTOR CARRIERS › Section 103-164 - Suspension of Operations

Current through Register Vol. 48, No. 6, June 28, 2024
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.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 6 - INSURANCE POLICIES AND SURETY BONDS › Section 103-170 - Insurance Policy or Surety Bond Required

Current through Register Vol. 48, No. 6, June 28, 2024
1. Before any certificate can be issued and
				before any motor carrier operations can be conducted thereunder, the motor
				carrier must provide and have accepted by the ORS evidence of insurance policy
				or surety bond from an insurance company licensed or admitted to do business in
				South Carolina or self-insurance 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. The ORS shall accept evidence of
				self-insurance in compliance with S.C. Code Ann. Section
				56-9-60.
				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
				Regulation 103-170(1), the ORS 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.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 6 - INSURANCE POLICIES AND SURETY BONDS › Section 103-171 - Filing Evidence of Bodily Injury and Property Damage Insurance Policy, Self-Insurance or Surety Bond

Current through Register Vol. 48, No. 6, June 28, 2024
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
				23A S.C. Code Ann. Regs. 38-447) The policy or a copy thereof will not be
				accepted for filing in lieu of Form E. Self insureds shall have the SCDMV
				submit a self-insurance certificate in lieu of a 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 23A S.C. Code Ann. Regs. 38-447), 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. Self insureds shall have the SCDMV submit a
				self-insurance certificate in lieu of a Form F.
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 23A S.C. Code Ann. Regs. 38-447), which insures
				compliance with limits not less than those in 103-172 and with other applicable
				provisions of these rules. Self insureds shall have the SCDMV submit a
				self-insurance certificate in lieu of a Form G.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 6 - INSURANCE POLICIES AND SURETY BONDS › Section 103-172 - Schedule of Minimum Limits

Current through Register Vol. 48, No. 6, June 28, 2024
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 $25,000.00
8 to 15 Passengers $25,000.00 $100,000.00 $25,000.00
16 or More Passengers $25,000.00 $300,000.00
				  $25,000.00
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).)
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 6 - INSURANCE POLICIES AND SURETY BONDS › Section 103-173 - Cargo Insurance or Surety Bond Required of Motor Carrier

Current through Register Vol. 48, No. 6, June 28, 2024
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 mail to the ORS evidence of such insurance or bond on forms
				prescribed by 23A S.C. Code Ann. Regs. 38-447, 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.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 6 - INSURANCE POLICIES AND SURETY BONDS › Section 103-174 - Filing Evidence of Cargo Insurance or Surety Bond

Current through Register Vol. 48, No. 6, June 28, 2024
1. Evidence of Cargo Insurance Filed on Form
				H. Evidence of cargo insurance will be filed on Form H, "Uniform Motor Carrier
				Cargo Certificate of Insurance." (See Form H in 23A S.C. Code Ann. Regs.
				38-447) The policy or 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 23A S.C. Code Ann. Regs. 38-447), 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 23A S.C. Code Ann. Regs. 38-447), which
				insures compliance with the terms of 103-173 and with other applicable
				provisions of these rules.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 6 - INSURANCE POLICIES AND SURETY BONDS › Section 103-175 - Revocation of Certificate

Current through Register Vol. 48, No. 6, June 28, 2024
A failure to file evidence of insurance, self-insurance or
				  surety bond shall be just cause for the commission, without further evidence or
				  hearing, to suspend its order granting authority or to suspend the certificate
				  or any license issued to the motor carrier. A failure to keep all insurance,
				  self-insurance or surety bond in full force and effect shall result in
				  automatic suspension, upon receipt of an affidavit from the ORS with supporting
				  evidence, of the commission's order granting authority, the certificate, and
				  any license issued to the motor carrier, with the suspension becoming operative
				  as of the effective date of the cancellation of the motor carrier's insurance,
				  self-insurance or surety bond.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 6 - INSURANCE POLICIES AND SURETY BONDS › Section 103-176 - Cancellation of Insurance or Surety Bond

Current through Register Vol. 48, No. 6, June 28, 2024
1. Thirty (30) Days' Notice Required. Any
				insurance company, surety bond company, or motor carrier which desires to
				cancel a policy or bond issued to a motor carrier subject to these rules can do
				so only after giving the ORS not less than thirty (30) days notice. The thirty
				(30) days will begin to run once the notice is received by the ORS.
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 23A S.C. Code Ann. Regs. 38-447), will be
				used to notify the ORS of cancellation of an insurance policy, and Form L,
				"Uniform Notice of cancellation of Motor Carrier Surety Bonds" (see Form L in
				23A S.C. Code Ann. Regs. 38-447), will be used to notify the ORS of
				cancellation of a surety bond.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 6 - INSURANCE POLICIES AND SURETY BONDS › Section 103-177 - Name of Insured

Current through Register Vol. 48, No. 6, June 28, 2024
Certificates of insurance, self-insurance and surety bonds
				  shall be issued in the full and correct name as that name appears on the
				  application or certificate of the motor carrier.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 6 - INSURANCE POLICIES AND SURETY BONDS › Section 103-178 - Number of Copies Required

Current through Register Vol. 48, No. 6, June 28, 2024
Certificates of insurance, self-insurance notices of
				  cancellation, and surety bonds must be provided to the ORS in
				  triplicate.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 6 - INSURANCE POLICIES AND SURETY BONDS › Section 103-179 - Coverage to be Continuous

Current through Register Vol. 48, No. 6, June 28, 2024
Surety bonds and certificates of insurance shall specify that
				  coverage thereunder will remain in effect continuously until
				  terminated.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 6 - INSURANCE POLICIES AND SURETY BONDS › Section 103-180 - Commission to Prescribe Forms

Current through Register Vol. 48, No. 6, June 28, 2024
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.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 7 - TARIFFS › Section 103-190 - Tariffs Must be Approved Before Commencement of Operations

Current through Register Vol. 48, No. 6, June 28, 2024
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
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 7 - TARIFFS › Section 103-191 - Commission to Establish Rates, etc

Current through Register Vol. 48, No. 6, June 28, 2024
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 upon notice and hearing, if deemed
				necessary, 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 and provide a copy to the ORS.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 7 - TARIFFS › Section 103-192 - Rates Must be Just and Reasonable

Current through Register Vol. 48, No. 6, June 28, 2024
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.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 7 - TARIFFS › Section 103-193 - Hearing and Publication on New Rate Schedule

Current through Register Vol. 48, No. 6, June 28, 2024
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.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 7 - TARIFFS › Section 103-194 - Criteria for Establishment of Rates

Current through Register Vol. 48, No. 6, June 28, 2024
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.