reglab/statecodes huggingface dataset:
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 38-382 - CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING › Subpart B - PROHIBITIONS › Section 38-382.201 - Alcohol concentration

Current through Register Vol. 48, No. 6, June 28, 2024
No driver shall report for duty or remain on duty
						requiring the performance of safety-sensitive functions while having an alcohol
						concentration of 0.04 or greater. No employer having actual knowledge that a
						driver has an alcohol concentration of 0.04 or greater shall permit the driver
						to perform or continue to perform safety-sensitive functions.
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 38-382 - CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING › Subpart B - PROHIBITIONS › Section 38-382.205 - On-duty use

Current through Register Vol. 48, No. 6, June 28, 2024
No driver shall use alcohol while performing
						safety-sensitive functions. No employer having actual knowledge that a driver
						is using alcohol while performing safety-sensitive functions shall permit the
						driver to perform or continue to perform safety-sensitive
						functions.
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 38-382 - CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING › Subpart B - PROHIBITIONS › Section 38-382.207 - Pre-duty use

Current through Register Vol. 48, No. 6, June 28, 2024
No driver shall perform safety-sensitive functions within
						four hours after using alcohol. No employer having actual knowledge that a
						driver has used alcohol within four hours shall permit a driver to perform or
						continue to perform safety-sensitive functions.
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 38-382 - CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING › Subpart B - PROHIBITIONS › Section 38-382.209 - Use following an accident

Current through Register Vol. 48, No. 6, June 28, 2024
No driver required to take a post-accident alcohol test
						under Regulation Regulation
						38-382.303
						shall use alcohol for eight hours following the accident, or until he/she
						undergoes a post-accident alcohol test, whichever occurs
						first.
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 38-382 - CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING › Subpart B - PROHIBITIONS › Section 38-382.211 - Refusal to submit to a required alcohol or controlled substances test

Current through Register Vol. 48, No. 6, June 28, 2024
No driver shall refuse to submit to a post-accident
						alcohol or controlled substances test required under 38-382.303, a random
						alcohol or controlled substances test required under 38-382.305, a reasonable
						suspicion alcohol or controlled substances test required under 38-382.307, or a
						follow-up alcohol or controlled substances test required under Regulation
						Regulation
						38-382.311. No
						employer shall permit a driver who refuses to submit to such tests to perform
						or continue to perform safety-sensitive functions.
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 38-382 - CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING › Subpart B - PROHIBITIONS › Section 38-382.213 - Controlled substances use

Current through Register Vol. 48, No. 6, June 28, 2024
(a) No
					 driver shall report for duty or remain on duty requiring the performance of
					 safety-sensitive functions when the driver uses any controlled substance,
					 except when the use is pursuant to the instructions of a licensed medical
					 practitioner, as defined in Regulation Regulation
					 38-382.107, who has
					 advised the driver that the substance will not adversely affect the driver's
					 ability to safely operate a commercial motor vehicle.
(b) No employer having actual knowledge that
					 a driver has used a controlled substance shall permit the driver to perform or
					 continue to perform a safety-sensitive function.
(c) An employer may require a driver to
					 inform the employer of any therapeutic drug use.
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 38-382 - CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING › Subpart B - PROHIBITIONS › Section 38-382.215 - Controlled substances testing

Current through Register Vol. 48, No. 6, June 28, 2024
No driver shall report for duty, remain on duty or
						perform a safety-sensitive function, if the driver tests positive or has
						adulterated or substituted a test specimen for controlled substances. No
						employer having actual knowledge that a driver has tested positive or has
						adulterated or substituted a test specimen for controlled substances shall
						permit the driver to perform or continue to perform safety-sensitive
						functions.
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 38-382 - CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING › Subpart C - TESTS REQUIRED › Section 38-382.301 - Pre-employment testing

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Prior to
					 the first time a driver performs safety-sensitive functions for an employer,
					 the driver shall undergo testing for controlled substances as a condition prior
					 to being used, unless the employer uses the exception in paragraph (b). No
					 employer shall allow a driver, who the employer intends to hire or use, to
					 perform safety-sensitive functions unless the employer has received a
					 controlled substances test result from the MRO or C/TPA indicating a verified
					 negative test result for that driver.
(b) An employer is not required to administer
					 a controlled substances test required by paragraph (a) if:
(1) The driver has participated in a
					 controlled substances testing program that meets the requirements of 38-382
					 within the previous 30 days; and
(2) While participating in that program,
					 either:
(i) Was tested for controlled
					 substances within the past 6 months (from the date of application with the
					 employer), or
(ii) Participated in
					 the random controlled substances testing program for the previous 12 months
					 (from the date of application with the employer); and
(3) The employer ensures that no prior
					 employer of the driver of whom the employer has knowledge has records of a
					 violation of 38-382 or the controlled substances use rule of another DOT agency
					 within the previous six months.
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 38-382 - CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING › Subpart C - TESTS REQUIRED › Section 38-382.303 - Post-accident testing

Current through Register Vol. 48, No. 6, June 28, 2024
(a) As soon as
					 practicable following an occurrence involving a commercial motor vehicle
					 operating on a public road in commerce, each employer shall test for alcohol
					 for each of its surviving drivers:
(1) Who was
					 performing safety-sensitive functions with respect to the vehicle, if the
					 accident involved the loss of human life; or
(2) Who receives a citation within 8 hours of
					 the occurrence under State or local law for a moving traffic violation arising
					 from the accident, if the accident involved:
(i) Bodily injury to any person who. as a
					 result of the injury, immediately receives medical treatment away from the
					 scene of the accident; or
(ii) One
					 or more motor vehicles incurring disabling damage as a result of the accident,
					 requiring the motor vehicle to be transported away from the scene by a tow
					 truck or other motor vehicle.
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 38-382 - CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING › Subpart C - TESTS REQUIRED › Section 38-382.305 - Random testing

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Every
					 employer shall comply with the requirements of 38-382. Every driver shall
					 submit to random alcohol and controlled substance testing as required in
					 38-382.
(b)
(1) Except as provided in paragraphs (c)
					 through (e), the minimum annual percentage rate for random alcohol testing
					 shall be 10 percent of the average number of driver positions.
(2) Except as provided in paragraphs (f)
					 through (h), the minimum annual percentage rate for random controlled
					 substances testing shall be 50 percent of the average number of driver
					 positions.
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 38-382 - CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING › Subpart C - TESTS REQUIRED › Section 38-382.309 - Return-to-duty testing

Current through Register Vol. 48, No. 6, June 28, 2024
The requirements for return-to-duty testing must be
						performed in accordance with 49 CFR part 40. Subpart O.
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 38-382 - CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING › Subpart C - TESTS REQUIRED › Section 38-382.311 - Follow-up testing

Current through Register Vol. 48, No. 6, June 28, 2024
The requirements for follow-up testing must be performed
						in accordance with 49 CFR part 40, Subpart O.
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 38-382 - CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING › Subpart D - HANDLING OF TEST RESULTS, RECORD RETENTION, AND CONFIDENTIALITY › Section 38-382.401 - Retention of records

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
					 General requirement. Each employer shall maintain records of its alcohol misuse
					 and controlled substances use prevention programs as provided in 38-382. The
					 records shall be maintained in a secure location with controlled
					 access.
(b) Period of retention.
					 Each employer shall maintain the records in accordance with the following
					 schedule:
(1) Five years. The following
					 records shall be maintained for a minimum of five years:
(i) Records of driver alcohol test results
					 indicating an alcohol concentration of 0.02 or greater,
(ii) Records of driver verified positive
					 controlled substances test results,
(iii) Documentation of refusals to take
					 required alcohol and/or controlled substances tests,
(iv) Driver evaluation and
					 referrals,
(v) Calibration
					 documentation.
(vi) Records related
					 to the administration of the alcohol and controlled substances testing
					 programs, and
(vii) A copy of each
					 annual calendar year summary required by 38-382.403.
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 38-382 - CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING › Subpart D - HANDLING OF TEST RESULTS, RECORD RETENTION, AND CONFIDENTIALITY › Section 38-382.407 - Medical review officer notifications to the employer

Current through Register Vol. 48, No. 6, June 28, 2024
Medical review officers shall report the results of
						controlled substances tests to employers in accordance with the requirements of
						part 40, Subpart G.
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 38-382 - CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING › Subpart D - HANDLING OF TEST RESULTS, RECORD RETENTION, AND CONFIDENTIALITY › Section 38-382.409 - Medical review officer record retention for controlled substances

Current through Register Vol. 48, No. 6, June 28, 2024
(a) A medical
					 review officer or third party administrator shall maintain all dated records
					 and notifications, identified by individual, for a minimum of five years for
					 verified positive controlled substances test results. A medical review officer
					 or third party administrator shall maintain all dated records and
					 notifications, identified by individual, for a minimum of one year for negative
					 and canceled controlled substances test results.
(b) No person may obtain the individual
					 controlled substances test results retained by a medical review officer or
					 third party administrator, and no medical review officer or third party
					 administrator shall release the individual controlled substances test results
					 of any driver to any person, without first obtaining a specific, written
					 authorization from the tested driver. Nothing in this paragraph (c) shall
					 prohibit a medical review officer or third party administrator from releasing,
					 to the employer or to officials of the Secretary of Transportation, any DOT
					 agency, or any State or local officials with regulatory authority over the
					 controlled substances testing program under 38-382, the information delineated
					 in part 40, Subpart G.
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 38-382 - CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING › Subpart D - HANDLING OF TEST RESULTS, RECORD RETENTION, AND CONFIDENTIALITY › Section 38-382.411 - Employer notifications

Current through Register Vol. 48, No. 6, June 28, 2024
(a) An
					 employer shall notify a driver of the results of a pre-employment controlled
					 substances test conducted under 38-382, if the driver requests such results
					 within 60 calendar days of being notified of the disposition of the employment
					 application. An employer shall notify a driver of the results of random,
					 reasonable suspicion and post-accident tests for controlled substances
					 conducted under 38-382 if the test results are verified positive. The employer
					 shall also inform the driver which controlled substance or substances were
					 verified as positive.
(b) The
					 designated employer representative shall make reasonable efforts to contact and
					 request each driver who submitted a specimen under the employer's program,
					 regardless of the driver's employment status, to contact and discuss the
					 results of the controlled substances test with a medical review officer who has
					 been unable to contact the driver.
(c) The designated employer representative
					 shall immediately notify the medical review officer that the driver has been
					 notified to contact the medical review officer within 72 hours.
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 38-382 - CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING › Subpart D - HANDLING OF TEST RESULTS, RECORD RETENTION, AND CONFIDENTIALITY › Section 38-382.413 - Inquiries for alcohol and controlled substances information from previous employers

Current through Register Vol. 48, No. 6, June 28, 2024
Employers shall request alcohol and controlled substances
						information from previous employers in accordance with the requirements of
						Section 40.25 of the Federal Motor Carrier Safety Administration's procedures
						for transportation workplace drug and alcohol testing
						programs.
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 38-382 - CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING › Subpart E - CONSEQUENCES FOR DRIVERS ENGAGING IN SUBSTANCE USE-RELATED CONDUCT › Section 38-382.501 - Removal from safety-sensitive function

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Except as provided in subpart F of
					 38-382, no driver shall perform safety-sensitive functions, including driving a
					 commercial motor vehicle, if the driver has engaged in conduct prohibited by
					 subpart B of 38-382 or an alcohol or controlled substances rule of another DOT
					 agency.
(b) No employer shall
					 permit any driver to perform safety-sensitive functions; including driving a
					 commercial motor vehicle, if the employer has determined that the driver has
					 violated 38-382.
(c) For purposes
					 of this subpart, commercial motor vehicle means a commercial motor vehicle in
					 commerce as defined in Regulation Regulation
					 38-382.107, and a
					 commercial motor vehicle in interstate commerce as defined in part 38-390 of
					 this regulation.
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 38-382 - CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING › Subpart E - CONSEQUENCES FOR DRIVERS ENGAGING IN SUBSTANCE USE-RELATED CONDUCT › Section 38-382.503 - Required evaluation and testing

Current through Register Vol. 48, No. 6, June 28, 2024
No driver who has engaged in conduct prohibited by
						subpart B of 38-382 shall perform safety-sensitive functions, including driving
						a commercial motor vehicle, unless the driver has met the requirements of part
						40. subpart O. No employer shall permit a driver who has engaged in conduct
						prohibited by subpart B of 38-382 to perform safety-sensitive functions,
						including driving a commercial motor vehicle, unless the driver has met the
						requirements of part 40, subpart O.
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 38-382 - CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING › Subpart E - CONSEQUENCES FOR DRIVERS ENGAGING IN SUBSTANCE USE-RELATED CONDUCT › Section 38-382.505 - Other alcohol-related conduct

Current through Register Vol. 48, No. 6, June 28, 2024
(a) No driver tested under the provisions of
					 subpart C of 38-382 who is found to have an alcohol concentration of 0.02 or
					 greater but less than 0.04 shall perform or continue to perform
					 safety-sensitive functions for an employer, including driving a commercial
					 motor vehicle, nor shall an employer permit the driver to perform or continue
					 to perform safety-sensitive functions, until the start of the driver's next
					 regularly scheduled duty period, but not less than 24 hours following
					 administration of the test.
(b)
					 Except as provided in paragraph (a) of 38-382, no employer shall take any
					 action under 38-382 against a driver based solely on test results showing an
					 alcohol concentration less than 0.04. This does not prohibit an employer with
					 authority independent of 38-382 from taking any action otherwise consistent
					 with law.
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 38-382 - CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING › Subpart E - CONSEQUENCES FOR DRIVERS ENGAGING IN SUBSTANCE USE-RELATED CONDUCT › Section 38-382.507 - Penalties

Current through Register Vol. 48, No. 6, June 28, 2024
Any employer or driver who violates the requirements of
						38-382 shall be subject to the civil and/or criminal penalty provisions of
						49 U.S.C.
						521(b). In addition, any
						employer or driver who violates the requirements of 49 CFR part 40 shall be
						subject to the civil and/or criminal penalty provisions of
						49 U.S.C.
						521(b).
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 38-382 - CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING › Subpart F - ALCOHOL MISUSE AND CONTROLLED SUBSTANCES USE INFORMATION, TRAINING, AND REFERRAL › Section 38-382.601 - Employer obligation to promulgate a policy on the misuse of alcohol and use of controlled substances

Current through Register Vol. 48, No. 6, June 28, 2024
(a) General requirements. Each employer shall
					 provide educational materials that explain the requirements of 38-382 and the
					 employer's policies and procedures with respect to meeting these requirements.
(1) The employer shall ensure that a copy of
					 these materials is distributed to each driver prior to the start of alcohol and
					 controlled substances testing under 38-382 and to each driver subsequently
					 hired or transferred into a position requiring driving a commercial motor
					 vehicle.
(2) Each employer shall
					 provide written notice to representatives of employee organizations of the
					 availability of this information.
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 38-382 - CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING › Subpart F - ALCOHOL MISUSE AND CONTROLLED SUBSTANCES USE INFORMATION, TRAINING, AND REFERRAL › Section 38-382.603 - Training for supervisors

Current through Register Vol. 48, No. 6, June 28, 2024
Each employer shall ensure that all persons designated to
						supervise drivers receive at least 60 minutes of training on alcohol misuse and
						receive at least an additional 60 minutes of training on controlled substances
						use. The training will be used by the supervisors to determine whether
						reasonable suspicion exists to require a driver to undergo testing under
						Regulation Regulation
						38-382.307.
						The training shall include the physical, behavioral, speech, and performance
						indicators of probable alcohol misuse and use of controlled substances.
						Recurrent training for supervisory personnel is not required.
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 38-382 - CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING › Subpart F - ALCOHOL MISUSE AND CONTROLLED SUBSTANCES USE INFORMATION, TRAINING, AND REFERRAL › Section 38-382.605 - Referral, evaluation, and treatment

Current through Register Vol. 48, No. 6, June 28, 2024
The requirements for referral evaluation, and treatment
						must be performed in accordance with 49 CFR part 40, Sub-part
						O.
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 38-383.1 - Purpose and scope

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The purpose
					 of 38-382 is to help reduce or prevent truck and bus accidents, fatalities, and
					 injuries by requiring drivers to have a single commercial motor vehicle
					 driver's license and by disqualifying drivers who operate commercial motor
					 vehicles in an unsafe manner.
(b)
					 38-382:
(1) Prohibits a commercial motor
					 vehicle driver from having more than one commercial motor vehicle driver's
					 license;
(2) Requires a driver to
					 notify the driver's current employer and the driver's State of domicile of
					 certain convictions;
(3) Requires
					 that a driver provide previous employment information when applying for
					 employment as an operator of a commercial motor vehicle;
(4) Prohibits an employer from allowing a
					 person with a suspended license to operate a commercial motor
					 vehicle;
(5) Establishes periods of
					 disqualification and penalties for those persons convicted of certain criminal
					 and other offenses and serious traffic violations, or subject to any
					 suspensions, revocations, or cancellations of certain driving
					 privileges;
(6) Establishes testing
					 and licensing requirements for commercial motor vehicle operators;
(7) Requires States to give knowledge and
					 skills tests to all qualified applicants for commercial drivers' licenses which
					 meet the Federal standard;
(8) Sets
					 forth commercial motor vehicle groups and endorsements;
(9) Sets forth the knowledge and skills test
					 requirements for the motor vehicle groups and endorsements;
(10) Sets forth the Federal standards for
					 procedures, methods, and minimum passing scores for States and others to use in
					 testing and licensing commercial motor vehicle operators; and
(11) Establishes requirements for the State
					 issued commercial license documentation.
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 38-383.3 - Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The rules in
					 38-382 apply to every person who operates a commercial motor vehicle (CMV) in
					 interstate, foreign, or intrastate commerce, to all employers of such persons,
					 and to all States.
(b) The
					 exceptions contained in Regulation Regulation
					 38-390.3(g)
					 of this regulation do not apply to 38-382. The employers and drivers identified
					 in Regulation Regulation
					 38-390.3(g)must
					 comply with the requirements of 38-382, unless otherwise provided in
					 38-383.
(c) Exception for certain
					 military drivers. Each State must exempt from the requirements of 38-382
					 individuals who operate CMVs for military purposes. This exception is
					 applicable to active duty military personnel; members of the military reserves;
					 member of the national guard on active duty, including personnel on full time
					 national guard duty, personnel on part time national guard training, and
					 national guard military technicians (civilians who are required to wear
					 military uniforms); and active duty U.S. Coast Guard personnel. This exception
					 is not applicable to U.S. Reserve technicians.
(d) Exception for farmers, firefighters,
					 emergency response vehicle drivers, and drivers removing snow and ice. A State
					 may, at its discretion, exempt individuals identified in paragraphs (d)(1),
					 (d)(2) and (d)(3) of 38-383 from the requirements of 38-382. The use of this
					 waiver is limited to the driver's home State unless there is a reciprocity
					 agreement with adjoining States.
(1) Operators
					 of a farm vehicle which is:
(i) Controlled and
					 operated by a farmer, including operation by employees or family
					 members;
(ii) Used to transport
					 either agricultural product, farm machinery, farm supplies, or both to or from
					 a farm;
(iii) Not used in the
					 operations of a common or contract motor carrier; and
(iv) Used within 241 kilometers (150 miles)
					 of the farmer's farm.
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 38-383.7 - Validity of CDL issued by decertified State

Current through Register Vol. 48, No. 6, June 28, 2024
A CDL issued by a State prior to the date the State is
						notified by the Administrator, in accordance with the provisions of Regulation
						Regulation 384.405 of this regulation, that the State is prohibited from
						issuing CDLs, will remain valid until its stated expiration
						date.
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 B - SINGLE LICENSE REQUIREMENT › Section 38-383.21 - Number of drivers' licenses

Current through Register Vol. 48, No. 6, June 28, 2024
No person who operates a commercial motor vehicle shall
						at any time have more than one driver's license.
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 B - SINGLE LICENSE REQUIREMENT › Section 38-383.23 - Commercial driver's license

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
					 General rule.
(1) Effective April 1, 1992, no
					 person shall operate a commercial motor vehicle unless such person has taken
					 and passed written and driving tests which meet the Federal standards contained
					 in Subparts F, G, and H of 38-382 for the commercial motor vehicle that person
					 operates or expects to operate.
(2)
					 Effective April 1, 1992, except as provided in paragraph (b), no person shall
					 operate a commercial motor vehicle unless such person possesses a CDL which
					 meets the standards contained in Subpart J of 38-382, issued by his/her State
					 or jurisdiction of domicile.
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 C - NOTIFICATION REQUIREMENTS AND EMPLOYER RESPONSIBILITIES › Section 38-383.31 - Notification of convictions for driver violations

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Each person who operates a commercial
					 motor vehicle, who has a commercial driver's license issued by a State or
					 jurisdiction, and who is convicted of violating, in any type of motor vehicle,
					 a State or local law relating to motor vehicle traffic control (other than a
					 parking violation) in a State or jurisdiction other than the one which issued
					 his/her license, shall notify an official designated by the State or
					 jurisdiction which issued such license, of such conviction. The notification
					 must be made within 30 days after the date that the person has been
					 convicted.
(b) Each person who
					 operates a commercial motor vehicle, who has a commercial driver's license
					 issued by a State or jurisdiction, and who is convicted of violating, in any
					 type of motor vehicle, a State or local law relating to motor vehicle traffic
					 control (other than a parking violation), shall notify his/her current employer
					 of such conviction. The notification must be made within 30 days after the date
					 that the person has been convicted. If the driver is not currently employed,
					 he/she must notify the State or jurisdiction which issued the license according
					 to Regulation 38-383.31(a).
(c)
					 Notification. The notification to the State official and employer must be made
					 in writing and contain the following information:
(1) Driver's full name;
(2) Driver's license number;
(3) Date of conviction;
(4) The specific criminal or other
					 offense(s), serious traffic violation(s), and other violation(s) of State or
					 local law relating to motor vehicle traffic control, for which the person was
					 convicted and any suspension, revocation, or cancellation of certain driving
					 privileges which resulted from such conviction(s);
(5) Indication whether the violation was in a
					 commercial motor vehicle;
(6)
					 Location of offense; and
(7)
					 Driver's signature.
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 C - NOTIFICATION REQUIREMENTS AND EMPLOYER RESPONSIBILITIES › Section 38-383.33 - Notification of driver's license suspensions

Current through Register Vol. 48, No. 6, June 28, 2024
Each employee who has a driver's license suspended,
						revoked, or canceled by a State or jurisdiction, who loses the right to operate
						a commercial motor vehicle in a State or jurisdiction for any period, or who is
						disqualified from operating a commercial motor vehicle for any period, shall
						notify his/her current employer of such suspension, revocation, cancellation,
						lost privilege, or disqualification. The notification must be made before the
						end of the business day following the day the employee received notice of the
						suspension, revocation, cancellation, lost privilege, or
						disqualification.
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 C - NOTIFICATION REQUIREMENTS AND EMPLOYER RESPONSIBILITIES › Section 38-383.35 - Notification of previous employment

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Any person applying for employment as an
					 operator of a commercial motor vehicle shall provide at the time of application
					 for employment, the information specified in paragraph (c).
(b) All employers shall request the
					 information specified in paragraph (c) from all persons applying for employment
					 as a commercial motor vehicle operator. The request shall be made at the time
					 of application for employment.
(c)
					 The following employment history information for the 10 years preceding the
					 date the application is submitted shall be presented to the prospective
					 employer by the applicant:
(1) A list of the
					 names and addresses of the applicant's previous employers for which the
					 applicant was an operator of a commercial motor vehicle;
(2) The dates the applicant was employed by
					 these employers; and
(3) The reason
					 for leaving such employment.
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 C - NOTIFICATION REQUIREMENTS AND EMPLOYER RESPONSIBILITIES › Section 38-383.37 - Employer responsibilities

Current through Register Vol. 48, No. 6, June 28, 2024
No employer shall knowingly allow, require, permit, or
						authorize an employee to operate a commercial motor vehicle in the United
						States:
(a) During any period in which
					 the driver has a CMV driver's license suspended, revoked, or canceled by a
					 State, has lost the right to operate a commercial motor vehicle in a State, or
					 has been disqualified from operating a commercial motor vehicle;
(b) During any period in which the employee
					 has more than one commercial motor vehicle driver's license;
(c) During any period in which the employee,
					 or the motor vehicle he/she is driving, or the motor carrier operation, is
					 subject to an out of service order; or
(d) In violation of a Federal, State, or
					 local law or regulation, pertaining to railroad-highway grade
					 crossings.
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 D - DRIVER DISQUALIFICATIONS AND PENALTIES › Section 38-383.51 - Disqualification of drivers

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
					 General.
(1) A driver or holder of a CDL who
					 is disqualified must not drive a CMV.
(2) An employer must not knowingly allow,
					 require, permit, or authorize a driver who is disqualified to drive a
					 CMV.
(3) A driver is subject to
					 disqualification sanctions designated in paragraphs (b) and (c), if the holder
					 of a CDL driver a CMV or non-CMV and is convicted of the violations.
(4) Determining first and subsequent
					 violations. For purposes of determining first and subsequent violations of the
					 offenses specified in this subpart, each conviction for any offense listed in
					 Tables 1 through 4 resulting from a separate incident, whether committed in a
					 CMV or non-CMV, must be counted.
(5) Reinstatement after lifetime
					 disqualification. A State may reinstate any driver disqualified for life for
					 offenses described in paragraphs (b)(1) through (b)(8), (Table 1 to Regulation
					 Regulation 38-383.51) after 10 years if that person has voluntarily entered and
					 successfully completed an appropriate rehabilitation program approved by the
					 State. Any person who has been reinstated in accordance with this provision and
					 who is subsequently convicted of a disqualifying offense described in
					 paragraphs (b)(1) through (b)(8), (Table 1 to Regulation Regulation 38-383.51)
					 must be reinstated.
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 D - DRIVER DISQUALIFICATIONS AND PENALTIES › Section 38-383.53 - Penalties

Current through Register Vol. 48, No. 6, June 28, 2024
(a) General rule.
					 Any person who violates the rules set forth in Subparts B and C of 38-382 may
					 be subject to civil or criminal penalties as provided for in
					 49 U.S.C.
					 521(b).
(b) Special penalties pertaining to violation
					 of out of service orders
(1) Driver
					 violations. A driver who is convicted of violating an out of service order
					 shall be subject to a civil penalty of not less than $1,000 nor more than
					 $2,500, in addition to disqualification under Regulation
					 38-383.51(d).
(2) Employer
					 violations. An employer who is convicted of a violation of Regulation
					 Regulation
					 38-383.37(c)shall
					 be subject to a civil penalty of not less than $2,500 nor more than
					 $10,000.
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 E - TESTING AND LICENSING PROCEDURES › Section 38-383.72 - Implied consent to alcohol testing

Current through Register Vol. 48, No. 6, June 28, 2024
Any person who holds a CDL shall be deemed to have
						consented to such testing as is required of him/her by any State or
						jurisdiction in the enforcement of Regulation Regulation
						38-383.51(b)(2)(i)
						and Regulation 38-392.5(a)(2). Consent is implied by driving a commercial motor
						vehicle.
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 E - TESTING AND LICENSING PROCEDURES › Section 38-383.73 - State procedures

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
					 Initial licensure. Prior to issuing a CDL to a person, a State shall:
(1) Require the driver applicant to certify,
					 pass tests, and provide information as described in Secs. 38-383.71(a) (1)
					 through (6);
(2) Check that the
					 vehicle in which the applicant takes his/her test is representative of the
					 vehicle group the applicant has certified that he/she operates or expects to
					 operate;
(3) Initiate and complete
					 a check of the applicant's driving record to ensure that the person is not
					 subject to any disqualification, suspensions, revocations, or cancellations as
					 contained in Regulation Regulation
					 38-383.51
					 and that the person does not have a driver's license from more than one State.
					 The record check shall include but not be limited to the following:
(i) A check of the applicant's driving record
					 as maintained by his/ her current State of licensure, if any;
(ii) A check with the CDLIS to determine
					 whether the driver applicant already has a CDL, whether the applicant's license
					 has been suspended, revoked, or canceled, or if the applicant has been
					 disqualified from operating a commercial motor vehicle; and
(iii) A check with the National Driver
					 Register (NDR), when it is determined to be operational by the National Highway
					 Traffic Safety Administrator, to determine whether the driver applicant has:
(A) Been disqualified from operating a motor
					 vehicle (other than a commercial motor vehicle);
(B) Had a license (other than CDL) suspended,
					 revoked, or canceled for cause in the 3 year period ending on the date of
					 application; or
(C) Been convicted
					 of any offenses contained in section 205(a)(3) of the National Drivers Register
					 Act of 1982 (
					 23 U.S.C.
					 401 note); and
(iv) A request for the applicant's complete
					 driving record from all States where the applicant was previously licensed over
					 the last 10 years to drive any type of motor vehicle. Exception: A State is
					 only required to make the driving record check specified in this paragraph
					 (a)(3) for drivers renewing a CDL for the first time after September 30, 2002,
					 provided a notation is made on the driver's record confirming that the driver
					 record check required by this paragraph (a)(3) has been made and noting the
					 date it was done; and
(4) Require the driver applicant, if he/she
					 has moved from another State, to surrender his/her driver's license issued by
					 another State.
(5) For persons
					 applying for a hazardous materials endorsement, require compliance with the
					 standards for such endorsement specified in Regulation 387.71(a)(9).
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 E - TESTING AND LICENSING PROCEDURES › Section 38-383.75 - Third party testing

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Third party
					 tests. A State may authorize a person (including another State, an employer, a
					 private driver training facility or other private institution, or a department,
					 agency or instrumentality of a local government) to administer the skills tests
					 as specified in Subparts G and H of 38-382, if the following conditions are
					 met:
(1) The tests given by the third party
					 are the same as those which would otherwise be given by the State;
					 and
(2) The third party as an
					 agreement with the State containing, at a minimum, provisions that:
(i) Allow the FHWA, or its representative,
					 and the State to conduct random examinations, inspections and audits without
					 prior notice;
(ii) Require the
					 State to conduct on site inspections at least annually;
(iii) Require that all third party examiners
					 meet the same qualification and training standards as State examiners, to the
					 extent necessary to conduct skills tests in compliance with Subparts G and
					 H;
(iv) Require that, at least on
					 an annual basis, State employees take the tests actually administered by the
					 third party as if the State employee were a test applicant, or that States test
					 a sample of drivers who were examined by the third party to compare pass/fail
					 results; and
(v) Reserve unto the
					 State the right to take prompt and appropriate remedial action against the
					 third party testers in the event that the third party fails to comply with
					 State or Federal standards for the CDL testing program, or with any other terms
					 of the third party contract.
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 E - TESTING AND LICENSING PROCEDURES › Section 38-383.77 - Substitute for driving skills tests

Current through Register Vol. 48, No. 6, June 28, 2024
At the discretion of a State, the driving skill test as
						specified in Regulation Regulation
						38-383.113 may be
						waived for a CMV operator who is currently licensed at the time of his/her
						application for a CDL, and substituted with either an applicant's driving
						record and previous passage of an acceptable skills test, or an applicant's
						driving record in combination with certain driving experience. The State shall
						impose conditions and limitations to restrict the applicants from whom a State
						may accept alternative requirements for the skills test described in Regulation
						Regulation
						38-383.113. Such
						conditions must require at least the following:
(a) An applicant must certify that, during
					 the two year period immediately prior to applying for a CDL, he/she:
(1) Has not had more than one license (except
					 in the instances specified in Regulation 38-383.21(b));
(2) Has not had any license suspended,
					 revoked, or canceled;
(3) Has not
					 had any convictions for any type of motor vehicle for the disqualifying
					 offenses contained in Regulation 38-383.51(b)(2);
(4) Has not had more than one conviction for
					 any type of motor vehicle for serious traffic violations; and
(5) Has not had any conviction for a
					 violation of State or local law relating to motor vehicle traffic control
					 (other than a parking violation) arising in connection with any traffic
					 accident, and has no record of an accident in which he/she was at fault;
					 and