South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 8 - SINGLE STATE, REGISTRATION SYSTEM FOR INTERSTATE MOTOR CARRIERS OPERATING FOR HIRE › Section 38-430 - Registration Process

Current through Register Vol. 48, No. 6, June 28, 2024
1. Application
				Form.
a. The applicant shall file annually
				between the 1st day of August and the 30th day of November of the year
				preceding the registration year an application for registration of all FHWA
				regulated interstate operations with the registration state only.
b. The application form must be completed in
				its entirety and signed by an authorized member of the company or its agent,
				otherwise the registration shall be considered incomplete.
c. The application must contain the full name
				of the motor carrier. This includes all owner name(s) and any d/b/a (doing
				business as). This name will be verified with the name shown on the FHWA
				certificate or permit submitted with the application. If the name on the
				application differs from the most recent FHWA certificate or permit, the
				registration will be considered incomplete until the applicant provides a copy
				of the re-entitlement from the FHWA showing the change of name or amends the
				application form by providing written notice to the registration
				state.
d. The business city and
				business state address on the application will be verified with the FHWA
				certificate or permit submitted with the application. If the business city and
				state are not the same, the registration will be considered incomplete until
				the applicant provides a copy of the request to the FHWA for change of address
				or amends the application form by providing written notice to the registration
				state.
e. The business street must
				be a physical address. The use of a post office box is not acceptable. If the
				motor carrier lives in a rural area and does not have a physical street
				address, a rural route with a box number will be accepted.
f. A mailing address may be given for mailing
				purposes only. A mailing address shall not be used to determine
				reciprocity.
g. The registrant will
				indicate the type of registration being filed. A motor carrier receiving FHWA
				authority for the first time will be "New Carrier Registration". If the motor
				carrier has previously registered in any of the eligible states for
				transporting commodities authorized by the FHWA using the old registration
				system ( Public Law 89-170 ) or using the new Single State Registration System,
				the application form would indicate an "Annual Registration".
h. If the motor carrier has changed its
				registration state since its last application filing, the motor carrier must
				identify the prior registration state.
i. The registrant shall indicate the type of
				motor carrier whether a sole proprietor, partnership or corporation. This
				information should not contradict the name of the motor carrier as indicated on
				the top of the registration form. For example, if the applicant's name is a
				sole owner and the motor carrier indicates a partnership or corporation
				operation, the registration will be considered incomplete and the registration
				state will contact the applicant (and possibly the FHWA) for clarification. If
				the motor carrier has changed its name or transferred its operating rights
				without notification to the FHWA, the application will be considered incomplete
				until a transfer order or reentitlement is issued by the FHWA and filed in the
				registration state. If the FHWA certificate or permit is correct and the
				application form is incorrect, the motor carrier will notify the registration
				state in writing to amend its application form or correct a returned
				application.
j. The applicant must
				indicate the type of authority issued by the FHWA. This information will be
				verified from the FHWA certificate or permit issued to the motor carrier except
				for registration of emergency temporary authority or temporary
				authority.
k. The applicant shall
				file with the application for a new carrier registration or for the first year
				of this program in the registration state only, a full copy of its interstate
				certificate(s) of authority or permit(s) issued by the Department. If the FHWA
				authority is not submitted with the application, the registration will be
				considered incomplete. The registration state may waive the filing of copies of
				any authority granted by the FHWA if that grant of authority is longer than 20
				pages in length. When the waiver is granted in writing by the registration
				state, the motor carrier shall provide a copy of the portion of the Department
				order which shows the service date and order section and shall prepare and file
				a synopsis of the authority granted within the body of the order. The
				registration state is not required to review the FHWA certificates or permits
				for states of travel for which fees are being paid under these
				procedures.
l. If new operating
				authority is granted to the registrant during the registration period, the
				registrant changes its name and/or address, or receives any order or
				reentitlement by the Department during the registration year, a copy must be
				filed with the registration state as soon as it is issued. The registrant shall
				not wait until the next annual registration period to file copies of additional
				grants with the registration state.
m. The requirement for filing a copy of the
				applicant's interstate certificate or permit is waived if the registrant holds
				emergency temporary authority (ETA) or temporary authority (TA) from the
				Department for 120 days or less. A carrier holding ETA or TA authority from the
				Department shall comply with all other requirements in these procedures before
				it commences operation in any state.
n. If the applicant has not filed additional
				information during the registration period as required above, the applicant
				will attach to its annual registration application copies of additional
				authority grants, re-entitlements, transfer orders, letters of change of name
				or address mailed to the FHWA by the motor carrier or grants of self-insurance
				orders issued by the FHWA and not previously filed in the registration state.
				The registration state may waive the filing of copies of any authority granted
				by the FHWA if that grant of authority is longer than 20 pages in length. When
				the waiver is granted in writing, the motor carrier shall provide a copy of the
				portion of the Department order which shows the service date and order section
				and shall prepare and file a synopsis of the authority granted within the body
				of the order.
o. The applicant
				shall indicate on the application that proof of insurance is being filed or has
				been filed and remains effective. If proof of insurance is not on file when the
				application is received in the registration state, the registration will be
				deemed to be incomplete.
p. The
				applicant shall indicate on the registration form the status of self-insurance
				approval by the FHWA. The applicant will file a copy of the order of the
				Department approving a public liability self-insurance or other public
				liability security or agreement under the provisions of Part 1043. If the
				applicant indicates that the FHWA has approved self-insurance coverage and a
				copy of the FHWA order has not been included with the application, the
				registration will be deemed to be incomplete.
q. The applicant shall indicate if it will be
				transporting hazardous commodities in interstate commerce. If this section is
				not completed, the registration will be deemed to be incomplete until the
				applicant verifies whether hazardous materials will be transported. This
				section of the application will be verified with the insurance form on file
				with the registration state. If the motor carrier desires to transport
				hazardous materials and the proper levels of insurance are not on file, the
				registration will be deemed to be incomplete until the motor carrier indicates
				in writing that hazardous materials will not be transported or until a new
				insurance filing has been received in the registration state for the proper
				level of coverage.
r. A copy of the
				designation of agent(s) for service of process shall be submitted with the
				initial registration form to the registration state using the FHWA Form BOC-3.
				The motor carrier shall supplement any changes of designation of local process
				agent with the registration state to ensure that current information is on
				file. If the BOC-3 form is not attached to the "New Carrier Registration", the
				registration will be deemed to be incomplete until this form is received in the
				registration state. If the motor carrier fails to keep the designation of local
				process agent information current in the registration state, the registration
				shall be subject to suspension (See Section
				38-433).
s. The registration application will be
				deemed to be incomplete, if the registration form has not been signed with an
				original signature.
t. When an
				application is deemed to be incomplete, the registration state may hold the
				application and all attachments until the application is complete or the
				registration state may return the application and attachments dependent on each
				registration state's fiscal requirements and/or procedures.
u. If equipment or states of travel is to be
				added after the annual registration process, the motor carrier will be required
				only to complete a Supplemental Form RS-2 and attach the proper fees. The motor
				carrier may update any information on file with the registration state by
				attaching the information to the RS-2 form. If no updates are attached, the
				motor carrier's signature on the RS-2 form will certify that all information
				filed with the registration state is current.