reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 1 - CRIMINAL JUSTICE ACADEMY › Subarticle 1 - LAW ENFORCEMENT TRAINING › Section 38-016 - Withdrawal of Certification of Law Enforcement Officers

Current through Register Vol. 48, No. 6, June 28, 2024
A. A law enforcement officer, certified
				pursuant to the provisions of R.38-007
				and R.38-008, shall
				have his or her certification as a law enforcement officer withdrawn by the
				Council upon the occurrence of any one or more of the following events:
1. The officer is found to have falsified any
				application for certification and training based upon which the officer was
				admitted for training.
2. The
				officer is found to be ineligible for service as a law enforcement officer
				because of his or her failure to meet prerequisite qualifications for training
				and certification, as set by law, even though such ineligibility is not
				discovered until after the officer's initial certification.
3. The officer is convicted of a criminal
				offense under the law of any jurisdiction which would, by the laws of this
				State, disqualify the officer from obtainment of certification as provided for
				in R.38-007
				and R.38-008.
4. Evidence
				satisfactory to the Council that the officer has engaged in misconduct. For
				purposes of this section, misconduct means:
a.
				Conviction, plea of guilty, plea of no contest or admission of guilt
				(regardless of withheld adjudication) to a felony, or a crime punishable by a
				sentence of more than one year (regardless of the sentence actually imposed, if
				any), or a crime of moral turpitude in this or any other
				jurisdiction;
b. Unlawful use of a
				controlled substance;
c. The
				repeated use of excessive force in dealing with the public and/or
				prisoners;
d. Dangerous and/or
				unsafe practices involving firearms, weapons, and/or vehicles which indicate
				either a willful or wanton disregard for the safety of persons or
				property;
e. Physical or
				psychological abuse of members of the public and/or prisoners;
f. Misrepresentation of employment-related
				information;
g. Dishonesty with
				respect to his/her employer;
h.
				Untruthfulness with respect to his/her employer;
i. Violations of criminal law resulting from
				administrative inquiries.
Provided however that in considering whether to withdraw
				  certification based on misconduct, the Council may consider the seriousness,
				  frequency and any mitigating circumstances surrounding the act or omission
				  constituting or alleged to constitute misconduct.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 1 - CRIMINAL JUSTICE ACADEMY › Subarticle 1 - LAW ENFORCEMENT TRAINING › Section 38-017 - Reporting of Events Requiring Withdrawal of Certification

Current through Register Vol. 48, No. 6, June 28, 2024
A. It shall be the responsibility of the
				sheriff or the chief executive officer of every law enforcement agency or
				department within the State to report to the Academy the occurrence of any
				event or series of events, set forth in R.38-016
				which requires the withdrawal of certification of a law enforcement officer who
				is currently or was last employed by his or her agency.
B. The report shall be made within fifteen
				days of the final agency or department action resulting from the internal
				investigation conducted by the agency or department, and shall be on a form
				prescribed by the Council.
C. A
				willful failure to report information shall subject the violator to a civil
				penalty as provided by the Council.
D. Only events which are determined as
				founded by the department or agency shall be reported as provided herein
				above.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 1 - CRIMINAL JUSTICE ACADEMY › Subarticle 1 - LAW ENFORCEMENT TRAINING › Section 38-018 - Investigation of Events Requiring Withdrawal of Certification; Notification to Officer

Current through Register Vol. 48, No. 6, June 28, 2024
A. Upon receipt
				of a report pursuant to R.38-017(A)(A),
				the Council shall initiate an investigation into reported events which may
				require withdrawal of the law enforcement officer's certification.
B. The Director and/or Council may suspend
				the certification of any law enforcement officer pending the outcome of an
				investigation initiated pursuant to paragraph (A) above.
C. A law enforcement officer who is the
				subject of an investigation shall be notified of its initiation on a form
				prescribed by the Council, sent by certified mail to the current address on
				file at the Academy, return receipt requested, as soon as practicable after the
				investigation is initiated.
D.
				Duplicate of such notice shall be sent, in the same manner prescribed in
				paragraph (C) above, to the current sheriff or chief executive officer of the
				employing agency or department of the law enforcement officer.
E. The Council may direct that the
				investigation, on its behalf, be conducted. The investigation shall be sent to
				the Council for its confidential use and review.
F. Where the Council's investigation
				indicates that withdrawal of the law enforcement officer's certification is not
				warranted, the Council shall notify the law enforcement officer and the sheriff
				or chief executive officer of the employing law enforcement agency of its
				finding, in accordance with the notice provisions of paragraph (C) and (D)
				above.
G. Where the Council's
				investigation indicates that withdrawal of the law enforcement officer's
				certification is warranted, the Council shall proceed in accordance with
				R.38-019.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 1 - CRIMINAL JUSTICE ACADEMY › Subarticle 1 - LAW ENFORCEMENT TRAINING › Section 38-019 - Notification of Withdrawal of Certification

Current through Register Vol. 48, No. 6, June 28, 2024
A. Prior to the withdrawal of a law
				enforcement officer's certification pursuant to R.38-016,
				the Council shall notify the officer whose certification is to be withdrawn on
				a form prescribed by the Council sent by registered mail, to the current
				address on file at the Academy, return receipt requested, to the
				officer.
B. Such notice shall be
				provided to the officer ten days in advance of the effective date of withdrawal
				of the certification.
C. Duplicate
				of such notice shall be sent in the same manner as in paragraph (A) above, to
				the current sheriff or the chief executive officer of the law enforcement
				agency or department of the law enforcement officer.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 1 - CRIMINAL JUSTICE ACADEMY › Subarticle 1 - LAW ENFORCEMENT TRAINING › Section 38-020 - Confidentiality of Notification

Current through Register Vol. 48, No. 6, June 28, 2024
All notifications to law enforcement officers and their
				  respective employing law enforcement agencies pursuant to R.38-017,
				  R.38-018, and R.38-019 shall be handled in a confidential and sensitive
				  manner.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 1 - CRIMINAL JUSTICE ACADEMY › Subarticle 1 - LAW ENFORCEMENT TRAINING › Section 38-021 - Law Enforcement Emergency Vehicle Training Requirement

Current through Register Vol. 48, No. 6, June 28, 2024
A. Every agency which employs one or more law
				enforcement officers who uses emergency vehicles shall make provision for the
				training set out in R.38-022
				as appropriate for each such officer's law enforcement duty requirements prior
				to any such officer's certification as qualified by the Council.
B. Officers holding valid certification on
				the effective date of these regulations must successfully complete the training
				set out in R.38-022,
				as is appropriate for such officer's law enforcement duty requirements within
				180 days of such date.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 1 - CRIMINAL JUSTICE ACADEMY › Subarticle 1 - LAW ENFORCEMENT TRAINING › Section 38-022 - Law Enforcement Emergency Vehicle Training Requirement

Current through Register Vol. 48, No. 6, June 28, 2024
A. Non-Emergency Response Training.
1. Every law enforcement officer who drives
				or operates an emergency vehicle shall successfully complete a course of
				instruction as approved by the Academy relating to non-emergency operation of
				the law enforcement emergency vehicle.
2. Every law enforcement agency required to
				make provisions for the training prescribed in R.38-022(A)(1)(A)(38-022(A)(1))
				and shall promulgate written policy and procedure concerning non-emergency
				vehicle response, consistent with the provisions of the course of instruction
				as approved by the Academy, which shall be included as part of the training
				provided to its officers.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 1 - CRIMINAL JUSTICE ACADEMY › Subarticle 1 - LAW ENFORCEMENT TRAINING › Section 38-023 - Notification of Training Compliance

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Every agency required to conduct training pursuant to R.38-022
				shall provide proof of completion of the required training programs, including
				appropriate instruction in the written policies and procedures of the agency
				concerning operation of the law enforcement emergency vehicle as required by
				R.38-022.
B. A law enforcement
				officer who transfers from one agency to another shall be required to
				successfully complete the training program appropriate for the agency to which
				transfer has occurred, in accordance with R.38-022.
				Provided, however, that an officer who has successfully completed a training
				program pursuant to R.38-022
				within a period of one year of the date of transfer to another agency, where
				the successfully completed program is appropriate for the officer's law
				enforcement duty with the agency to which transferred, shall not be required to
				complete another training program upon such a transfer, but rather the
				employing agency to which transferred shall provide appropriate instruction to
				the transferred officer in the written policies and procedures of the agency
				concerning operation of the law enforcement emergency vehicle as required by
				R.38-022.
				This training shall be reported to the Academy as required in
				R.38-023(A)(A).
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 1 - CRIMINAL JUSTICE ACADEMY › Subarticle 1 - LAW ENFORCEMENT TRAINING › Section 38-024 - Continuing Training Requirement

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				The training required by R.38-022
				shall be conducted on a continuing basis no less frequently than annually.
				Every agency shall report, on the form prescribed by the Academy, the provision
				of appropriate training on or before the expiration of the current
				certification. Nothing in these regulations shall be construed to prohibit such
				training on a basis more frequently than annually.
B. Officers successfully completing
				appropriate required emergency vehicle training shall be provided CLEE hours in
				accordance with R.38-013
				appropriate for the number of hours of instruction received.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 1 - CRIMINAL JUSTICE ACADEMY › Subarticle 1 - LAW ENFORCEMENT TRAINING › Section 38-025 - Approval of Training Programs

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				All agencies required to conduct training programs pursuant to R.38-022
				shall, prior to initiation of the required training, submit training materials
				as required by the Academy for review and approval.
B. CLEE hours shall be awarded only for
				materials properly submitted and approved by the Academy.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 1 - CRIMINAL JUSTICE ACADEMY › Subarticle 1 - LAW ENFORCEMENT TRAINING › Section 38-026 - Equivalent Law Enforcement Emergency Vehicle Training

Current through Register Vol. 48, No. 6, June 28, 2024
Training provided by other states, the federal government or
				  private training providers, will be evaluated in a fashion consistent with the
				  provisions of R.38-008. In
				  each instance where an agency or officer submits a request for credit for
				  equivalent training, the employing agency must provide verification that
				  appropriate instruction in the written policies and procedures of the agency
				  has occurred, in accordance with the directives of R.38-023(B)(B)regarding
				  transferred officers.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 1 - CRIMINAL JUSTICE ACADEMY › Subarticle 1 - LAW ENFORCEMENT TRAINING › Section 38-027 - Effect of Failure to Comply

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Any agency which willfully fails to comply with the directives of
				R.38-021
				through
				38-026,
				shall be subject to a civil penalty as provided by law.
B. Any law enforcement officer found not to
				be in compliance with the directives of R.38-021
				through
				38-026,
				shall have his or her certification as a law enforcement officer withdrawn in
				accordance with R.38-026(A)(2)(A)(38-026(A)(2))
				and his or her authority to exercise law enforcement powers shall cease, and
				the officer's certification shall be deemed to have lapsed.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 1 - CRIMINAL JUSTICE ACADEMY › Subarticle 1 - LAW ENFORCEMENT TRAINING › Section 38-028 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
A. For purposes of
				R.38-001 -
				38-028, the following definitions shall apply:
1. "Agency" means local government or public
				safety agency employing law enforcement officers.
2. "Director" means the Director of the South
				Carolina Criminal Justice Academy.
3. "Academy" means the South Carolina
				Criminal Justice Academy.
4.
				"Council" means the Law Enforcement Training Council.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 1 - CRIMINAL JUSTICE ACADEMY › Subarticle 3 - E-911 SYSTEM › Section 38-060 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
A. "Operator" means
				a telecommunications operator or dispatcher employed in an E-911
				system.
B. "Agency" means local
				government or public safety agency employing operators.
C. "Director" means the Director of the South
				Carolina Criminal Justice Academy.
D. "Academy" means the South Carolina
				Criminal Justice Academy.
E.
				"Council" means the Law Enforcement Training Council.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 1 - CRIMINAL JUSTICE ACADEMY › Subarticle 3 - E-911 SYSTEM › Section 38-061 - Minimum Requirements for E-911 Operator Enrollment in Training

Current through Register Vol. 48, No. 6, June 28, 2024
A. All agencies
				having operators as candidates for training and certification shall submit to
				the Academy, the following:
1. an application
				under oath in a format prescribed by the Council;
2. evidence satisfactory to the Council that
				the candidate possesses a high school diploma or equivalent recognized and
				accepted by the South Carolina Department of Education;
3. evidence satisfactory to the Council that
				the candidate's present age is not less than eighteen years;
4. evidence satisfactory to the Council that
				the candidate has not been convicted of any criminal offense that carries a
				possible sentence of more than one year.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 1 - CRIMINAL JUSTICE ACADEMY › Subarticle 3 - E-911 SYSTEM › Section 38-062 - Training Requirements for Certification

Current through Register Vol. 48, No. 6, June 28, 2024
A. Candidates for certification as operators
				shall successfully complete a prescribed course of training as approved by the
				Council and will be certified as Class 4-TCO.
B. Candidates employed as operators prior to
				June 27, 1997 may be certified without completing the training referenced in
				paragraph (A) above if the candidate has:
1.
				two years continuous employment as an emergency services dispatcher and no
				break in service of longer than six months; or
2. one year continuous employment as an
				emergency services dispatcher, no break in service of more than six months, and
				prior training accredited by the Academy, and the candidate successfully passes
				a comprehensive test as approved by the Director and administered by the
				Academy. No retest will be offered.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 1 - CRIMINAL JUSTICE ACADEMY › Subarticle 3 - E-911 SYSTEM › Section 38-063 - Break in Service after Certification

Current through Register Vol. 48, No. 6, June 28, 2024
A. All certification lapses upon separation
				from employment.
B. Candidates with
				prior certification and a break in service of less than one year will be
				recertified upon a request by the employing agency, provided the agency
				produces evidence satisfactory to the Council that the candidate has not been
				convicted of any criminal offense that carries a possible sentence of more than
				one year.
C. Candidates with prior
				certification and a break in service of more than one year must meet the
				requirements of 38-061 and 38-062(A).
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 1 - CRIMINAL JUSTICE ACADEMY › Subarticle 3 - E-911 SYSTEM › Section 38-064 - Separation from Employment

Current through Register Vol. 48, No. 6, June 28, 2024
Agencies shall notify the Academy of the separation from
				  employment of any certified operator. If the separation is a result of the
				  conviction for a criminal offense carrying a possible sentence of more than one
				  year, such conviction shall be reported to the Academy. All reports shall take
				  place on a form approved by the Director.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 1 - CRIMINAL JUSTICE ACADEMY › Subarticle 3 - E-911 SYSTEM › Section 38-065 - Cost of Training

Current through Register Vol. 48, No. 6, June 28, 2024
The cost of training shall be established by the Academy.
				  Agencies shall forward an authorized purchase order for this amount with each
				  application for training.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 3 - DIVISION OF MOTOR VEHICLES › Subarticle 1 - SPECIAL LICENSE PLATES › Section 38-100 - Motor Vehicles License Plates for Members of Congress of the United States

Current through Register Vol. 48, No. 6, June 28, 2024
A. A special series
				of private passenger car license plates is hereby designated, as described
				herein, which may, upon application being made therefor, and the regular fee
				required by law paid, be issued to United States Representatives and Senators
				from South Carolina, said plates to bear the words "Member U. S. Congress" or
				"Member U. S. Senate," as the case may be. The said plates shall be serially
				numbered 1 through 6 in the case of those designated "Member U. S. Congress,"
				and 1 and 2 in the case of those designated "Member U. S. Senate." The said
				specially designated license plates shall be reserved by the Department of
				Public Safety for issuance in the order of the seniority of the Representatives
				and Senators; Provided, that by mutual consent between respective
				Representatives and Senators the order in which serial numbers are issued may
				be modified.
B. The specially
				designated license plates issued hereunder shall not be transferable, and in
				the event an owner transfers or otherwise disposes of a vehicle for which one
				of the said plates has been issued, he shall return same to the Department of
				Public Safety in exchange for a regular license plate which, in turn, may be
				transferred as provided for by law; or the Department of Public Safety may
				authorize a specially designated license plate to be transferred to another
				vehicle of the same owner upon receipt of application therefor and payment of
				the regular fee required by law for registration and license of that
				vehicle.
C. Specially designated
				license plates issued hereunder shall be surrendered to the Department of
				Public Safety upon expiration of the term of office, resignation, or death of
				the holder, in exchange for a regular license plate not specially
				designated.
D. All specially
				designated license plates issued hereunder shall expire on the 31st day of
				January.
E. Nothing herein shall be
				construed as affecting the license and registration fees to be paid on the
				vehicles involved, nor in any way to otherwise relieve the owners from
				complying with all provisions of the law relating to the licensing and
				registration of vehicles in South Carolina.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 3 - DIVISION OF MOTOR VEHICLES › Subarticle 1 - SPECIAL LICENSE PLATES › Section 38-101 - Issuance and Use of Specially Designated Motor Vehicle License Plates for Members of the South Carolina General Assembly

Current through Register Vol. 48, No. 6, June 28, 2024
A. A special series of private car license
				plates is hereby designated, as described herein, which may, upon application
				being made therefor and the regular fee required by law paid, be issued to the
				members of the South Carolina General Assembly, said plates to bear the words
				"State Senator" for members of the South Carolina Senate, and "State
				Legislator" for a member of the South Carolina House of Representatives, as the
				case may be. The said plates shall be serially numbered one through forty-six
				in the case of those designated "State Senator," and one through one hundred
				twenty-four for those designated "State Legislator." The said specially
				designated license plates shall be reserved by the Department of Public Safety
				for issuance in the order of seniority of the State Senators and members of the
				House of Representatives, provided that by mutual consent between respective
				Representatives and Senators, the order in which serial numbers are issued may
				be modified.
B. The specially
				designated license plates issued hereunder shall not be transferable, and in
				the event an owner transfers or otherwise disposes of a vehicle for which one
				of the said plates has been issued, he shall return same to the Department of
				Public Safety in exchange for a regular license plate which, in turn, may be
				transferred as provided by law, or the Department of Public Safety may
				authorize a specially designated license plate to be transferred to another
				owner of the same vehicle upon receipt of application therefor and payment of
				the regular fee required by law for registration and licensing of that
				vehicle.
C. Specially designated
				license plates issued hereunder shall be surrendered to the Department of
				Public Safety upon expiration of the term of office, resignation or death of
				the holder in exchange for a regular license plate not specially
				designated.
D. All specially
				designated license plates issued hereunder shall expire on the 31st day of
				January of each year.
E. Nothing
				herein shall be construed as affecting the license and registration fees to be
				paid on the vehicle involved, nor in any way to otherwise release the owners
				from complying with all provisions of the law relating to the licensing and
				registration of vehicles in South Carolina.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 3 - DIVISION OF MOTOR VEHICLES › Subarticle 1 - SPECIAL LICENSE PLATES › Section 38-102 - Special License Plates for Various State Officials

Current through Register Vol. 48, No. 6, June 28, 2024
A. A special series of private passenger
				automobile license plates are hereby designated, which may, upon proper
				application being made therefor, be issued to duly elected State Constitutional
				Officers, said plates to bear the title of the office holder or any other
				numerical designation approved by the State Constitutional Officer and the
				Department; to duly elected members of Statewide Commissions and the numerical
				designation of the district or circuit which such member represents; to any
				past Governor of South Carolina, said plates to bear the word "Governor" and
				the numerical designation of the years in office.
No special personalized motor vehicle license plates included
				  in this section will be issued requiring special or separate dies unless the
				  cost of such dies will be recovered within a two-year license period from the
				  fifteen-dollar ($15.00) annual fee charge for personalized license plates and
				  none of these plates will be manufactured to include the word designation
				  "Chairman."
B. A special
				series of private passenger automobile license plates are hereby designated,
				which may, upon proper application being made therefor, be issued to members of
				the South Carolina Supreme Court, Members of the South Carolina Circuit Court
				and qualified residents of any Federal Judiciary Office. The fee for the issue
				of such special plates shall be the regular motor vehicle registration fee as
				set forth in Article 5 of Chapter 3 of Title 56 of the 1976 Code.
C. The specially designated license plates
				issued hereunder shall not be transferable except to another vehicle of the
				same owner and only then upon receipt of proper application therefor and
				payment of the fee required by law for registration and license of that
				vehicle. Such plates shall not be transferable to another person unless so
				authorized by the Department.
D.
				Specially designated license plates issued hereunder shall be surrendered to
				the Department of Public Safety upon expiration of term of office, resignation,
				or death of the holder, in exchange for license plates not specially
				designated.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 3 - DIVISION OF MOTOR VEHICLES › Subarticle 3 - ADMINISTRATION AND ENFORCEMENT OF THE FINANCIAL RESPONSIBILITY ACT AND LAWS REGARDING MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY › Section 38-120 - Insurance Certification Required for Vehicle Licensing

Current through Register Vol. 48, No. 6, June 28, 2024
No certificate of registration shall be issued or transferred
				  to an owner by the Department of Public Safety unless the owner or prospective
				  owner produces satisfactory evidence that such security in accordance with the
				  South Carolina Automobile Reparation Reform Act of 1974, Chapter 11 of Title 56
				  of the 1976 Code, is in effect.
This item shall not apply with respect to any motor vehicle
				  owned by the U. S., this State or any political subdivision of this State or
				  any municipality therein. Authority 1976 South Carolina Code of Laws, as
				  amended, Section
				  56-9-30.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 3 - DIVISION OF MOTOR VEHICLES › Subarticle 3 - ADMINISTRATION AND ENFORCEMENT OF THE FINANCIAL RESPONSIBILITY ACT AND LAWS REGARDING MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY › Section 38-121 - Self-Insurers

Current through Register Vol. 48, No. 6, June 28, 2024
I. Pursuant to
				Section
				15-78-140,
				political subdivisions are allowed to procure automobile liability insurance by
				becoming self-insured. Additionally, pursuant to Section
				56-9-30
				political subdivisions are exempted from the self-insured requirements
				contained in Chapter 9 of Title 56. However, pursuant to Section
				56-10-10
				political subdivisions who wish to be self-insured must still provide proof
				that adequate security is in place to meet the minimum coverage specified in
				Section
				56-10-20.
II. Political Subdivisions must meet the
				following requirements to be self-insured with the Department of Public Safety:
A. Apply annually to be self-insured. The
				application must be submitted thirty (30) days prior to the expiration of the
				current self-insured period.
B.
				Annually provide a recent actuary's report, not more than six months old from
				the date of application, of the political subdivisions's projected automobile
				liability losses for the upcoming self-insured period.
C. Annually provide proof that sufficient
				funds are available and will be maintained to cover the projected losses listed
				in the actuary's report.
D.
				Annually provide a copy of the political subdivisions's most recent financial
				statement, which shall be not more than six months old from the date of
				application.
E. If an Excess
				Liability Insurance Policy is in place, the political subdivision must
				designate the Department of Public Safety as the Certificate holder on the
				policy.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 3 - DIVISION OF MOTOR VEHICLES › Subarticle 5 - PROTECTIVE HELMETS, FACE SHIELDS AND WINDSCREENS › Section 38-150 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
For purposes of interpretation and enforcement of the Act,
				  the following definitions are established:
A. Protective helmet. A covering device
				primarily intended to protect the upper part of the wearer's head against
				blow.
B. Goggles. A device
				consisting of glass or plastic eye pieces or eye cups worn over the eyes and
				held in place by a headband or temple piece for protection of the eyes and eye
				sockets.
C. Face Shield. A device
				attached to a helmet which covers the wearer's face at least to a point
				approximating the tip of the nose for the purpose of providing protection of
				the eyes against flying objects, dust, glare or a combination of these
				hazards.
D. Windscreen. A device
				mounted on a two-wheeled motorized vehicle forward of the rider designed to
				deflect wind and/or small flying objects from the face and body of the
				rider.
E. Harness. Collectively all
				those parts of a helmet such as chin strap, etc. which act to restrain and hold
				the helmet in proper position on the head of the wearer.
F. Shell. The outer material that gives
				rigidity and provides the general form of the helmet.
G. Department. The South Carolina Department
				of Public Safety
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 3 - DIVISION OF MOTOR VEHICLES › Subarticle 5 - PROTECTIVE HELMETS, FACE SHIELDS AND WINDSCREENS › Section 38-151 - Requirements for Approval

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Helmet: Shall be approved only if it meets the minimum requirements of the USA
				Standard #Z90.1-1966 for Protective Headgear for Vehicular Users with respect
				to:
1. Construction
2. Materials
3. Extent of protection (coverage)
4. Labelling
5. Shock absorption (except limited to one
				impact at each of four sites)
6.
				Penetration
7. Retention
				(performance of harnesses)
Also, to be approved by the Department, a helmet shall have a
				  reflectorized surface, or shall have securely affixed thereto on both the right
				  and left side a reflectorized material providing not less than 4 square inches
				  of reflectorized surface on each side of the helmet. If the reflectorized
				  material is affixed to the helmet, it must be attached with a suitable
				  permanent, weather-proof and water-resistant adhesive.
Special Labeling
Helmets approved by the Department shall be permanently
				  labelled on the outer surface of the shell at the lower rear center edge with
				  letters and numbers at least 1/4 inch; in height giving the manufacturer's name
				  or trade name and model name or number, and these shall be the same under which
				  the helmet has been approved by the Department.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 3 - DIVISION OF MOTOR VEHICLES › Subarticle 5 - PROTECTIVE HELMETS, FACE SHIELDS AND WINDSCREENS › Section 38-152 - Certification and Approval

Current through Register Vol. 48, No. 6, June 28, 2024
A. Tests.
				Tests to demonstrate compliance with requirements of the law shall be performed
				by independent testing agencies considered by the Department to be qualified to
				conduct such tests. Test reports shall be complete showing test results as
				against minimum or maximum values prescribed by the applicable State Standards
				and Specifications and shall be certified by the testing agency with respect to
				accuracy and compliance with the requirements for approval.
B. Procedure for Securing Approval.
(a) A manufacturer desiring approval of a
				helmet, goggles, face shields or windscreen shall submit to the Director of the
				Department or his designee, Columbia, South Carolina postage prepaid a test
				report (From an independent testing laboratory approved by the State) certified
				as required under the foregoing paragraph on "Test," together with a sample of
				the device for which approval is sought, fully identified as required by these
				regulations.
(b) If after receiving
				the report and the related sample the Department finds that the device meets
				the requirements of these regulations a notice of approval of the device will
				be issued. All samples will be retained by the Department for future reference
				and control purposes.
(c) Any
				protective device appearing on the approved list of the Public Health Service
				of the U.S. Department of Health, Education and Welfare will be approved if it
				also meets all other requirements of the South Carolina Act not included in
				current USA Standards upon which DHEW approval is based.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 3 - DIVISION OF MOTOR VEHICLES › Subarticle 11 - REQUIRED STOPS AT RAILROAD CROSSINGS › Section 38-240 - Vehicles Required to Stop at Railroad Crossings

Current through Register Vol. 48, No. 6, June 28, 2024
A. The driver or operator of every vehicle
				listed in
				49 C.F.R. Section
				392.10, (a) shall stop such vehicle at all
				railroad crossings as required by Section
				56-5-2720.
				The covered vehicles shall include:
(1) Every
				bus transporting passengers;
(2)
				Every motor vehicle transporting any quantity of chlorine;
(3) Every motor vehicle which, in accordance
				with the regulations of the United States Department of Transportation, is
				required to be marked or placarded with one of the following classifications:
(i) Division 1.1
(ii) Division 1.2, or Division 1.3
(iii) Division 2.3 Poison gas
(iv) Division 4.3
(v) Class 7
(vi) Class 3 Flammable
(vii) Division 5.1
(viii) Division 2.2
(ix) Division 2.3 Chlorine
(x) Division 6.1 Poison
(xi) Division 2.2 Oxygen
(xii) Division 2.1
(xiii) Class 3 Combustible liquid
(xiv) Division 4.1
(xv) Division 5.1
(xvi) Division 5.2
(xvii) Class 8
(xviii) Division 1.4
(4) Every cargo tank motor vehicle, whether
				loaded or empty, used for the transportation of any hazardous material as
				defined in the Hazardous Materials Regulations of the United States Department
				of Transportation;
(5) Every cargo
				tank motor vehicle transporting a commodity which at the time of loading has a
				temperature above its flash point; and
(6) Every cargo tank motor vehicle, whether
				loaded or empty, transporting any commodity under special permit.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 3 - DIVISION OF MOTOR VEHICLES › Subarticle 13 - RELEASE OF LICENSING AND REGISTRATION INFORMATION › Section 38-250 - Establishing an Account

Current through Register Vol. 48, No. 6, June 28, 2024
1. Companies
				must request in writing, on company stationery, to establish an account.
				Individuals must request in writing to establish an account and must include
				their current mailing address.
2.
				Companies and Individuals must furnish the following information:
a. Mailing address for billing
				purposes.
b. Contact person and
				telephone number.
c. Companies must
				provide their Federal I. D. number and Individuals must provide their Social
				Security Number.
d. Number and type
				of anticipated requests per month.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 3 - DIVISION OF MOTOR VEHICLES › Subarticle 13 - RELEASE OF LICENSING AND REGISTRATION INFORMATION › Section 38-251 - Department Invoicing Procedures

Current through Register Vol. 48, No. 6, June 28, 2024
1.
				Listed below are the types of information available with this account. Each
				request for information will be charged according to the following schedule:
TYPE INFORMATION
CHARGE PER REQUEST
Registration
$2.00
Liability Insurance Information
$2.00
Odometer Information
$3.00
Investigative Officer Reports
$3.00
Vehicle Title Lienholder Information
$2.00
2.
				Information requests will be accumulated monthly. One invoice will be prepared
				for all information requested.
3.
				Invoices must be paid within thirty (30) days of receipt of the invoice for the
				account to remain active. After thirty (30) days, accounts will become
				delinquent and subject to closure.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 3 - DIVISION OF MOTOR VEHICLES › Subarticle 13 - RELEASE OF LICENSING AND REGISTRATION INFORMATION › Section 38-252 - Delinquent Accounts

Current through Register Vol. 48, No. 6, June 28, 2024
1.
				Companies and individuals will be notified that an Account Balance is Past Due.
				Payment must be received within ten (10) days of receipt of the notice for
				account to be returned to active status.
2. If payment of all past due invoices is not
				received within ten (10) days after receiving the notice, account privileges
				will be suspended.
3. If payment is
				not received within thirty (30) days of receipt of the notice, the account will
				be closed and Security Deposit applied to all outstanding invoices. Any
				remaining balance will be refunded to the company or individual.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 3 - DIVISION OF MOTOR VEHICLES › Subarticle 13 - RELEASE OF LICENSING AND REGISTRATION INFORMATION › Section 38-253 - Closing Accounts

Current through Register Vol. 48, No. 6, June 28, 2024
1.
				Companies and individuals may terminate an account by requesting in writing to
				the Deputy Director, Department of Public Safety, Division of Motor Vehicles,
				P. O. Box 1498, Columbia, South Carolina 29216-0022, to close the account and
				have the security deposit be returned.
2. Upon receipt of the request, the
				Department will suspend privileges under the account and will determine the
				amount of any outstanding balance under the account.
3. Any amounts due will be deducted from the
				security deposit with the remaining balance being returned to the company or
				individual.
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 A - GENERAL › Section 38-382.101 - Purpose

Current through Register Vol. 48, No. 6, June 28, 2024
The purpose of part 38-382 is to establish programs
						designed to help prevent accidents and injuries resulting from the misuse of
						alcohol or use of controlled substances by drivers of commercial motor
						vehicles.
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 A - GENERAL › Section 38-382.103 - Applicability

Current through Register Vol. 48, No. 6, June 28, 2024
(a) 38-382 applies
					 to every person and to all employers of such persons who operate a commercial
					 motor vehicle in commerce in any State, and is subject to
(1) The commercial driver's license
					 requirements of part 38-383 of these regulations;
(2) The Licencia Federal de Conductor
					 (Mexico) requirements; or
(3) The
					 commercial drivers license requirements of the Canadian National Safety
					 Code.
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 A - GENERAL › Section 38-382.105 - Testing procedures

Current through Register Vol. 48, No. 6, June 28, 2024
Each employer shall ensure that all alcohol or controlled
						substances testing conducted under 38-382 complies with the procedures set
						forth in part 40. The provisions of part 40 that address alcohol or controlled
						substances testing are made applicable to employers by
						38-382.
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 A - GENERAL › Section 38-382.109 - Preemption of State and local laws

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Except as provided in paragraph (b),
					 38-382 preempts any State or local law, rule, regulation, or order to the
					 extent that:
(1) Compliance with both the
					 State or local requirement is not possible; or
(2) Compliance with the State or local
					 requirement is an obstacle to the accomplishment and execution of any
					 requirement.
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 A - GENERAL › Section 38-382.111 - Other requirements imposed by employers

Current through Register Vol. 48, No. 6, June 28, 2024
Except as expressly provided in 38-382, nothing in 38-382
						shall be construed to affect the authority of employers, or the rights of
						drivers, with respect to the use of alcohol, or the use of controlled
						substances, including authority and rights with respect to testing and
						rehabilitation.
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 A - GENERAL › Section 38-382.113 - Requirement for notice

Current through Register Vol. 48, No. 6, June 28, 2024
Before performing each alcohol or controlled substances
						test under 38-382, each employer shall notify a driver that the alcohol or
						controlled substances test is required by 38-382. No employer shall falsely
						represent that a test is administered under 38-382.
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 A - GENERAL › Section 38-382.115 - Starting date for testing programs

Current through Register Vol. 48, No. 6, June 28, 2024
(a) All domestic-domiciled employers must
					 implement the requirements of 38-382 on the date the employer begins commercial
					 motor vehicle operations.
(b) All
					 foreign-domiciled employers must implement the requirements of 38-382 on the
					 date the employer begins commercial motor vehicle operations in the United
					 States,
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 A - GENERAL › Section 38-382.117 - Public interest exclusion

Current through Register Vol. 48, No. 6, June 28, 2024
No employer shall use the services of a service agent who
						is subject to public interest exclusion in accordance with 49 CFR part 40,
						Subpart R.
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 A - GENERAL › Section 38-382.119 - Stand-down waiver provision (Company must file waiver with FMCSA.)

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Employers are
					 prohibited from standing employees down, except consistent with a waiver from
					 the Federal Motor Carrier Safety Administration as required under
					 38-382.119.
(b) An employer subject
					 to 38-382 who seeks a waiver from the prohibition against standing down an
					 employee before the MRO has completed the verification process shall follow the
					 procedures in
					 49
					 CFR 40.21. The employer must send a written
					 request, which includes all of the information required by that section to the
					 Federal Motor Carrier Safety Administrator (or the Administrator's designee).
					 U.S. Department of Transportation, 400 Seventh Street, SW. Washington. DC
					 20590.
(c) The final decision
					 whether to grant or deny the application for a waiver will be made by the
					 Administrator or the Administrator's designee.
(d) After a decision is signed by the
					 Administrator or the Administrator's designee. the employer will be sent a copy
					 of the decision, which will include the terms and conditions for the waiver or
					 the reason for denying the application for a waiver.
(e) Questions regarding waiver applications
					 should be directed to the Office of Enforcement and Compliance, Federal Motor
					 Carrier Safety Administration, 400 Seventh Street, SW., Washington, DC 20590.
					 The telephone number is (202) 366-5720.
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 A - GENERAL › Section 38-382.121 - Employee admission of alcohol and controlled substances use

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Employees who
					 admit to alcohol misuse or controlled substances use are not subject to the
					 referral, evaluation and treatment requirements of 38-382 and part 40, provided
					 that:
(1) The admission is in accordance with
					 a written employer- established voluntary self-identification program or policy
					 that meets the requirements of paragraph (b) above;
(2) The driver does not self-identify in
					 order to avoid testing under the requirements of 38-382;
(3) The driver makes the admission of alcohol
					 misuse or controlled substances use prior to performing a safety sensitive
					 function (i.e., prior to reporting for duty); and
(4) The driver does not perform a safety
					 sensitive function until the employer is satisfied that the employee has been
					 evaluated and has successfully completed education or treatment requirements in
					 accordance with the self-identification program guidelines.