South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 2 - MOTOR CARRIERS › Subarticle 1 - GENERAL › Section 103-102 - Definitions of Terms

Current through Register Vol. 48, No. 6, June 28, 2024
As used herein, the following terms shall be accorded meaning
				  as indicated:
1. Certificated Carrier.
				"Certificated Carrier" means a motor carrier operating under a Certificate of
				PC&N, a Certificate of FWA, or a Charter Bus Certificate.
2. Certificate of FWA. "Certificate of FWA"
				means the certificate of fit, willing, and able authorized to be issued under
				provisions of Chapter 23 of Title 58 of the Code of Laws of South Carolina,
				1976. Certificates of FWA shall be required of all for-hire household goods
				carriers operating exclusively within limits of any municipality in this State.
				Holders of Certificates of FWA shall be considered regulated
				carriers.
3. Certificate of
				PC&N. "Certificate of PC&N" means the certificate of public convenience
				and necessity authorized to be issued under the provisions of Chapter 23 of
				Title 58 of the Code of Laws of South Carolina, 1976. Certificates of PC&N
				shall be required of all for-hire passenger carriers, household good carriers
				(except those operating exclusively within the limits of any municipality), and
				hazardous waste for disposal carriers. Holders of Certificates of PC&N
				shall be considered regulated carriers.
4. Charter Bus Certificate. A "Charter Bus
				Certificate" is a certificate issued to charter bus motor carriers which
				signifies that the motor carrier has met all of the insurance requirements of
				the commission, and all of the safety requirements of the South Carolina
				Department of Public Safety. A Charter Bus Certificate shall be denominated
				"Class C-Charter Bus."
5. Charter
				Bus. "Charter Bus" is a passenger carrier equipped to carry sixteen (16) or
				more passengers.
6. Class C Charter
				Certificate. "Class C Charter Certificate" is a Class C certificate required to
				be held by service providers engaged in passenger for hire transportation using
				any motor vehicle equipped to carry up to fifteen (15) passengers and accepting
				passengers exclusively on a pre-arranged basis and which remuneration is
				determined on an hourly basis. A Class C Charter Certificate shall be
				denominated "Class C - Charter."
7.
				Class C Taxi Certificate. "Class C Taxi Certificate" is a Class C certificate
				required to be held by service providers engaged in passenger for hire
				transportation using any motor vehicle equipped to carry up to fifteen (15)
				passengers, whether or not equipped to handle wheelchairs, which operates on
				call or demand/response service whereby remuneration is determined on a per
				trip basis. The issuance of a Taxi certificate signifies that the motor carrier
				has met all of the requirements of the commission and all of the safety
				requirements of the Department of Public Safety. A Class C Taxi Certificate
				shall be denominated "Class C - Taxi."
8. Commission. "Commission" means the Public
				Service Commission of South Carolina.
9. Common Carrier by Motor Vehicle. "Common
				Carrier by Motor Vehicle" means any person which holds itself out to the
				general public to engage in the transportation by motor vehicle in intrastate
				commerce of persons or property for compensation, whether over regular or
				irregular routes, except as exempted in Section
				58-23-50
				and Section
				58-23-70
				of Code of Laws of South Carolina, 1976.
10. Contract Carrier by Motor Vehicle.
				"Contract Carrier by Motor Vehicle" means any person which engages in
				transportation by motor vehicle of property in intrastate commerce for
				compensation under contracts with one person or a limited number of persons
				either (a) for the furnishing of transportation service through the assignment
				of motor vehicles to the exclusive use of each person served, or (b) for the
				furnishing of transportation services designed to meet the distinct need of
				each individual customer.
11.
				Corporation. "Corporation" means a corporation, company, association, or joint
				stock association.
12. Driver.
				"Driver" or "Operator" shall mean any person who physically operates a licensed
				taxi, limousine, non-emergency vehicle or wheelchair van as defined herein,
				whether such person operates as agent, lessee, independent contractor or
				employee of any certificated carrier.
13. Interstate Commerce. "Interstate
				Commerce" means commerce between any place in a state and any place in another
				state.
14. Intrastate Commerce.
				"Intrastate Commerce" means commerce between points and over a route or within
				a territory wholly within this State, which commerce is not a part of a prior
				or subsequent movement to or from points outside of this State in interstate or
				foreign commerce, and includes all transportation within this State for
				compensation which has been exempted by Congress from federal regulation in
				interstate or foreign commerce.
15.
				Limousine. A "Limousine" shall mean any motor vehicle equipped to carry up to
				fifteen (15) passengers which exclusively engages in "Class C Charter"
				operations. Limousines shall be required to obtain a Class C - Charter
				certificate.
16. Motor Carrier.
				"Motor Carrier" means both a common carrier by motor vehicle and a contract
				carrier by motor vehicle.
17. Motor
				Vehicle Carrier Law. "Motor Vehicle Carrier Law" means Articles 1 to 11 and 15
				of Chapter 23 of Title 58 of the Code of Laws of South Carolina,
				1976.
18. Motor Vehicle. "Motor
				Vehicle" means any vehicle, machine, tractor, semi-trailer, or any combination
				thereof, which is propelled or drawn by mechanical power and used upon the
				highways of this State.
19.
				Municipality. "Municipality" means any incorporated city or town within the
				State of South Carolina.
20.
				Non-Emergency Vehicle. "Non-Emergency Vehicle" means a vehicle that is used for
				providing, for a fee or charge, non-emergency transportation, for patients in
				stable medical condition. "Non-Emergency Vehicle" includes "Wheelchair Van" but
				not taxicabs. "Non-Emergency Vehicle" shall not include vehicles owned by
				facilities that provide such transportation as described above without charging
				a separate fee for the transportation service.
21. ORS. The "ORS" means the South Carolina
				Office of Regulatory Staff.
22.
				Person. "Person" means any individual, firm, partnership, corporation, company,
				association, or joint-stock association, and includes any trustee, receiver,
				assignee, or personal representative thereof.
23. Public Highway. "Public Highway" means
				every improved public highway in this State which is or may hereafter be
				declared to be a part of the state highway system or any county highway system
				or a street of any city or town.
24. Rates. "Rates" include rates, fares,
				tolls, rentals and charges.
25.
				State. "State" means the State of South Carolina.
26. STB. "STB" means Surface Transportation
				Board.
27. Tariff. "Tariff" means
				any schedule or publication showing the rates, fares, charges, rules,
				regulations, and classifications for the transportation within this State of
				persons and property.
28. Taxi. A
				"Taxi" or "Taxi Cab" means a passenger carrier vehicle capable of carrying
				between one and fifteen passengers, the use or transportation in which is paid
				for or billed to the passengers on a per trip basis.
29. Wheelchair Van Patient. "Wheelchair Van
				Patient" means a patient whose medical condition is such that the person may be
				transported safely and securely in a Wheelchair Van. These patients must be
				transported in a sitting position in a secured wheelchair and/or require a ramp
				or lift to board the vehicle.
30.
				Wheelchair Van. "Wheelchair Van" means a Non-Emergency Vehicle other than a
				taxi cab which is modified, equipped and used for the purpose of providing
				non-emergency medical transportation for Wheelchair Van Patients. These
				vehicles are specifically designed and modified to load and transport both
				ambulatory and wheelchair-bound patients in a safe and secure manner.
31. Equipped to Carry. "Equipped to carry"
				means the number of passengers a vehicle is capable of carrying based on the
				number of seatbelts in that vehicle. If seatbelts do not exist in or cannot be
				located by ORS Inspectors, ORS may alternatively calculate the number of
				passengers a vehicle is capable of carrying by utilizing the method set forth
				in the Federal Transportation Regulations to determine "seating capacity"
				pursuant to 49 C.F.R. Section 387.29. Efforts to circumvent regulation or
				proper licensing by removing or altering the number of seatbelts in a vehicle
				and/or otherwise altering the seating configuration will not absolve the
				carrier from failing to obtain the proper certificate from the
				commission.
32. Passenger.
				"Passenger" means every person carried or riding in a motor carrier, including
				the driver.