South Carolina Code of Regulations › Chapter 90 - DEPARTMENT OF MOTOR VEHICLES › Article 2 - DRIVER TRAINING SCHOOLS › Section 90-100 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
A. "Behind the
			 Wheel" (BTW) means training provided by an instructor where the student is
			 actually in control of and operating the vehicle during a driving lesson
			 conducted on public roads or on a range.
B. "Catalog" means a booklet which must be
			 given to each student prior to classes beginning and must be presented at the
			 time the student signs the enrollment contract. Each catalog should be dated
			 upon publication and revision. The catalog should contain at a minimum, a
			 history of the truck driver training school, list of owners, officers, or
			 directors, including addresses, licensing authority, complaint procedures,
			 class start and stop times, attendance and disciplinary rules, course outlines,
			 cost of training, books, supplies, fees, and all other charges the student
			 would be expected to bear, minimum entrance requirements, graduation
			 requirements, refund policy, placement policy, procedures for providing CDL
			 test services.
C. "Category" means
			 theory instruction, field instruction, BTW instruction, and observation while
			 on the road.
D. "Classroom" means
			 student is in classroom environment learning principles, laws, regulations,
			 and/or rules of the road for driving a motor vehicle.
E. "Class B" means any single vehicle with a
			 Gross Vehicle Weight Rating (GVWR) of 11,794 kilograms or more (26,001 pounds
			 or more), or any such vehicle towing a vehicle not in excess of 4,536 kilograms
			 (10,000 pounds) GVWR.
F. "Class A"
			 means any combination of vehicles with a Gross Combination Weight Rating (GCWR)
			 of 26,001 pounds or more, provided the Gross Vehicle Weight Rating (GVWR) of
			 the vehicle being towed is more than 10,000 pounds.
G. "Class A Non-Tractor Trailer" means any
			 combination unit connected by a non-fifth wheel connection such as a pintle
			 hook, goose neck, or ball-and-chain hook up where gross combination weight
			 rating (GCWR) is 26,001 pounds or more, providing the towing unit has a GVWR
			 less than 26,001 pounds and the towing unit has a GVRW of 10,001 or more
			 GVWR.
H. "Commercial motor vehicle"
			 means a vehicle with a gross vehicle weight rating of 10,001 pounds or more,
			 used in commerce.
I. "Department"
			 means the South Carolina Department of Motor Vehicles.
J. "Enrollment contract" means any agreement
			 or instrument, however named, which creates or evidences an obligation binding
			 a student to purchase or otherwise incur a legal obligation in exchange for
			 receiving an educational course from a driver training school.
K. "Field training" means off road training
			 in and around the type commercial motor vehicle used in truck driver
			 training.
L. "Graduate" means any
			 student who completes the minimum required hours and demonstrates proficiency
			 in all lessons and classes required by the ELDT program (if applicable) and the
			 Department and discharges any and all other requirements or obligations as
			 prerequisites for completing the full course of study.
M. "Instructor" means an individual certified
			 by the Department to give classroom and or BTW instruction to students enrolled
			 in the school.
N. "Hour" when used
			 in the context of requisite driver training periods, means an instructional
			 period of fifty minutes.
O.
			 "Observation" means when a student observes another student actually operate a
			 motor vehicle on the public roads.
P. "Successfully Complete" means earning a
			 grade of at least eighty percent on all ELDT required knowledge assessments and
			 demonstrating proficiency in all other ELDT requirements for commercial driving
			 school students and earning a grade of at least seventy percent for
			 non-commercial driving school students.
Q. "Permanent Structure" means a building set
			 on a foundation or is otherwise strapped to the ground and is in compliance
			 with all zoning ordinances and codes and has been issued a "Certificate of
			 Occupancy."
R. "Range" means a
			 student practicing area that must be free of obstructions, has adequate sight
			 lines and enables the driver to maneuver safely and free from interference from
			 other drivers and hazards while, a student is practicing backing and other
			 maneuvering exercises with a commercial motor vehicle.
S. "Record" means , either electronic or
			 paper copies, which include, if applicable, program records, initial school
			 licensure application, and supporting documents, vehicle registration and
			 maintenance records for all vehicles used in training, enrollment records
			 showing student admission qualifications, curriculum standards, handbooks,
			 manuals of instruction, course outlines, instructor records showing
			 qualifications for training, student driving records, , criminal history
			 records (if required) training records, attendance records, permit issue date.
			 "Records" also means appropriate documentation on instructor qualifications,
			 statistical data required by the Department, and all other documents sufficient
			 to justify the legitimate operation of the school.
(1) Records for Truck Driver Training Schools
			 also includes all documents setting forth the requirements of 49 CFR, 380,
			 lessons plans and training curricula for theory, and behind the wheel (BTW)
			 (range and public road) training, documentation of individual entry level
			 driver training assessments, tracking records showing assessment results to
			 determine driver-trainees' proficiency in knowledge assessments in appendices A
			 through E of 49 CFR part 380 , as applicable; tracking records to determine a
			 student's proficiency in BTW skills in accordance with the curricula in
			 appendices A through D of Part 380, as applicable; documents tracking each
			 driver-trainees' minimum scores in all other knowledge tests and skills
			 assessments, documents tracking student training hours and documentation
			 showing satisfaction of state minimum training hours, and any other records
			 showing a student's level of mastery of training materials, and CDL test
			 history (when applicable), criminal history (when required), drug screens;
			 grades, attendance records.
(2)
			 Truck Driver Training Schools Instructor Records include appropriate
			 documentation demonstrating instructor qualifications for inclusion in the
			 Training Provider Registry, statistical data required by the Department,
			 instructor permit(s) and all other documents showing compliance with the
			 federal ELDT program requirements for commercial driving instructors.