reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 4 - ENGINEERING › Subarticle 1 - PREQUALIFICATION OF BIDDERS › Section 63-304 - Failure to Carry Out Contract as Disqualification

Current through Register Vol. 48, No. 6, June 28, 2024
No applicant who has failed to carry out any contract awarded
				  by the South Carolina Department of Transportation will be qualified as
				  eligible. This requirement, however, shall not serve to bar persons having so
				  failed from serving as employees of otherwise eligible
				  contractors.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 4 - ENGINEERING › Subarticle 1 - PREQUALIFICATION OF BIDDERS › Section 63-305 - Disqualification of Unsatisfactory Contractors

Current through Register Vol. 48, No. 6, June 28, 2024
A contractor whose progress on work underway is not
				  satisfactory to the Department will not be awarded additional work. Contractors
				  whose conduct of their work shows incompetency or irresponsibility may be
				  disqualified without notice.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 4 - ENGINEERING › Subarticle 1 - PREQUALIFICATION OF BIDDERS › Section 63-306 - Disqualification and Suspension from Participation in Contracts with the South Carolina Department of Transportation

Current through Register Vol. 48, No. 6, June 28, 2024
A. Policy Statement. Recognizing that
				preserving the integrity of the public contracting process is vital to the
				development of a balanced and efficient transportation system and is a matter
				of interest to all people of the State, it is hereby declared:
1. The procedures for bidding and
				qualification of bidders on contracts involving the South Carolina Department
				of Transportation exist to secure the quality of public works.
2. The opportunity to bid on contracts, to
				participate as subcontractor or to supply goods or services to the Department
				is a privilege, not a right.
3. In
				order to preserve the integrity of the public contracting process, the
				privilege of transacting business with the Department should be denied to
				persons involved in criminal and/or unethical conduct.
4. Therefore, as a means of maintaining the
				integrity of the public contracting process and protecting the public at large,
				persons engaging in criminal and/or unethical conduct will not be allowed to
				transact business with the Department during the period of any suspension or
				disqualification.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 4 - ENGINEERING › Subarticle 1 - PREQUALIFICATION OF BIDDERS › Section 63-307 - Contractor Performance Evaluation

Current through Register Vol. 48, No. 6, June 28, 2024
A. Contract Performance Evaluation System.
1. The South Carolina Department of
				Transportation may use a contract performance evaluation system to evaluate the
				performance of a contractor on construction projects and to assign a contractor
				performance score. The Department shall use evaluation criteria and quality
				audits that include, but are not limited to:
(a) Objective evaluation of how well the
				contractor completed projects on time and within the bid amount;
(b) Field audits conducted during
				construction that evaluate the contractor's performance on active
				projects;
(c) Objective evaluation
				of the merit of claims filed by the contractor based on the proportional amount
				of each claim that was upheld and awarded to the contractor;
(d) Evaluations by the Resident Construction
				Engineers on the contractor's completed projects, which include rating of the
				contractor's performance in such areas as safety, environmental issues, the
				contractor's personnel and equipment, public relations, and compliance with
				Equal Employment Opportunities statutes, the Davis Bacon Act, and Disadvantaged
				Business Enterprise goals.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 4 - ENGINEERING › Subarticle 2 - RELOCATION OF DISPLACED PERSONS › Section 63-322 - Review of Applications for Relocation Assistance Payments Under Chapter 11 of Title 28 of the 1976 Code

Current through Register Vol. 48, No. 6, June 28, 2024
A. An
				applicant for a relocation assistance payment under Chapter 11 of Title 28 of
				the 1976 Code shall be notified promptly, in writing, of (1) his eligibility
				for payment claimed, (2) the amount, if any, to which he may be entitled, and
				(3) the time and manner in which such payment, if any, will be made. Such
				notification shall also advise the applicant of his right to review and appeal
				and the procedures for review and appeal if he is dissatisfied with the
				Department's decision with respect to his application for a relocation
				assistance payment.
B. All
				petitions or requests for review of a decision by the Department's Right-of-Way
				Office with respect to an applicant's eligibility, or the amount of a payment,
				if any, shall be submitted, in writing and must be filed within sixty (60) days
				of the Department's determination of the displaced person's claim. A form for
				use in filing requests for review may be requested from the Department's
				Right-of-Way Office.
C. If a timely
				request for review is filed, the SCDOT Executive Director or her designee will
				review the application and all pertinent justification and other material
				submitted by the applicant as well as other available information. The
				Executive Director will furnish the applicant with a written decision following
				the review.
D. An applicant may
				seek relief from the decision of the Executive Director by requesting a
				contested case hearing before the Administrative Law Judge pursuant to S. C.
				Code Section
				1-23-600
				and the rules of procedure for the Administrative Law Judge Division. The
				request for a hearing must be made within thirty (30) days of receipt of the
				Executive Director's decision.
E. A
				person has a right to be represented by legal counsel or other representative
				in connection with his or her appeal, but solely at the person's own
				expense.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 4 - ENGINEERING › Subarticle 3 - HIGHWAY ADVERTISING CONTROL ACT › Section 63-338 - Specific Information Service Signing

Current through Register Vol. 48, No. 6, June 28, 2024
A. Introduction. The South Carolina
				Department of Transportation has developed this program for the installation of
				specific service signs and logo sign panels on fully controlled access
				highways.
B. Purpose. The purpose
				of this program is:
(1) To provide motorists
				with business identification and directional information for essential motorist
				services and for eligible attractions;
(2) To eliminate illegal outdoor advertising
				signs as required by the South Carolina Highway Advertising Control Act.
				57-25-110, et seq.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 4 - ENGINEERING › Subarticle 3 - HIGHWAY ADVERTISING CONTROL ACT › Section 63-339 - Agritourism and Tourism-Oriented Directional Signing

Current through Register Vol. 48, No. 6, June 28, 2024
A. Introduction. The South Carolina
				Department of Transportation has developed this program for the installation of
				directional signs on the state highway system for agritourism and
				tourism-oriented facilities or activities located on rural, conventional
				highways.
B. Purpose. The purpose
				of this program is:
(1) To provide motorist
				with business identification and directional information for agritourism and
				tourism-oriented facilities or activities for eligible participants;
(2) To eliminate illegal outdoor advertising
				signs as required by the South Carolina Highway Advertising Control Act.
				57-25-110, et seq.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 4 - ENGINEERING › Subarticle 3 - HIGHWAY ADVERTISING CONTROL ACT › Section 63-341 - Preface

Current through Register Vol. 48, No. 6, June 28, 2024
The regulations promulgated herein have been formulated
				  pursuant to S. C. Code Section
				  57-25-110,
				  et seq., entitled the Highway Advertising Control Act, which is intended to
				  regulate outdoor advertising along Interstate and federal-aid primary
				  highways.
Statutory Authority: Highway Advertising Control Act, South
					 Carolina CodeSection
					 57-25-110
					 et seq.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 4 - ENGINEERING › Subarticle 3 - HIGHWAY ADVERTISING CONTROL ACT › Section 63-343 - General Standards for Outdoor Advertising Signs

Current through Register Vol. 48, No. 6, June 28, 2024
A. Criteria for determining if a sign is
				intended to be read from the main-traveled way:
(1) The sign is visible and any advertising
				or message is legible.
(2)
				Consideration shall be given to the nature of sign, what it is directing the
				readers' attention toward, and where the product or service can be obtained in
				relation to the highway.
(3)
				Viewing time of any advertising or message is a primary factor to consider. If
				the viewing time during which any portion of the advertising or message is
				legible is five seconds or longer, by an individual traveling in a passenger
				car at the speed limit, the sign shall be deemed to be intended to be read from
				the main-traveled way.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 4 - ENGINEERING › Subarticle 3 - HIGHWAY ADVERTISING CONTROL ACT › Section 63-344 - General Restrictions on Outdoor Advertising Signs Subject to the Act

Current through Register Vol. 48, No. 6, June 28, 2024
A. No sign nor any
				portion of a sign may imitate or resemble any official traffic control device
				including, but not limited to, Interstate or other route symbols, stop signs,
				stop lights, or yield signs.
B. No
				sign may advertise or inform of any activity that is illegal under Federal or
				state laws or regulations in effect at the location of the activity.
C. No sign may be located in such a manner as
				to obscure or otherwise interfere with the effectiveness of an official traffic
				sign, signal, or device, or obstruct or interfere with the driver's view of
				approaching, merging or intersecting traffic.
D. No sign may be erected or maintained upon
				trees or painted or drawn upon rocks or other natural features.
E. No permit identification tag may be
				attached to a sign which is not permanently affixed to the site described in
				the application. Any tag attached to a sign which is not permanently affixed to
				the site described in the application is void and may be confiscated by
				Department personnel.
F. If any
				portion of a sign is located on highway right-of-way, the sign is illegal and
				must be completely removed from the right-of-way.
G. Any sign permitted because of an activity
				subsequently determined to be a sham activity shall be illegal and must be
				removed at the sign owner's or landowner's expense. Until the sign supported by
				the sham activity is completely removed from its site, the Department may not
				approve any application for any sign permit made by the sign owner. Also, the
				Department may not approve any other application for a sign permit on any site
				owned or controlled by the landowner of the property on which the sham activity
				is located.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 4 - ENGINEERING › Subarticle 3 - HIGHWAY ADVERTISING CONTROL ACT › Section 63-345 - Size Limitations of Outdoor Advertising Signs

Current through Register Vol. 48, No. 6, June 28, 2024
A. Measurements.
(1) The dimensions of a sign shall include
				border, trim, cutouts and extensions, but shall not include aprons, decorative
				bases and supports, unless those items are used to convey any message, other
				than the name of the sign owner or permittee, in which case the apron,
				decorative base or support so used shall be included in its entirety.
(2) Square footage shall be measured by the
				combination of the areas of the smallest circles, triangles, or rectangles
				required to cover the sign faces.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 4 - ENGINEERING › Subarticle 3 - HIGHWAY ADVERTISING CONTROL ACT › Section 63-346 - Spacing Limitations for Outdoor Advertising Signs

Current through Register Vol. 48, No. 6, June 28, 2024
A. Measurements:
(1) Involving the distance between signs,
				shall be taken along the edge of the traveled way between lines perpendicular
				to the edge of the traveled way which intersect the center of the sign supports
				nearest the traveled way.
(2)
				Involving unzoned commercial or industrial areas shall be taken within the
				control area from the outermost edge of the regularly used buildings and areas
				regularly used and required for parking, storage, and processing, or from the
				property lines of the tract or tracts owned or leased by the activity on which
				the activity is being conducted, whichever is the narrower. Only those portions
				of the activity which are within the control area and which are visible from
				the main traveled way shall be considered. (See Illustration 1).
(3) Involving interchanges, weigh stations,
				and rest areas adjacent to the main traveled way of interstates and freeway
				primary federal-aid highways shall be made from the nearest point of the
				beginning or ending of pavement widening at the exit from or entrance to the
				main-traveled way. Where there is insufficient space to end an entrance ramp
				before beginning an exit ramp, the ramp shall be regarded as continuous and no
				signs will be permitted between the interchanges in areas which are not within
				the boundaries of an incorporated municipality.
(4) Illustrations for measuring spacing are
				contained in Illustrations 1 and 2 of these regulations.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 4 - ENGINEERING › Subarticle 3 - HIGHWAY ADVERTISING CONTROL ACT › Section 63-347 - Lighting of Outdoor Advertising Signs

Current through Register Vol. 48, No. 6, June 28, 2024
A. Signs which are lighted must be
				constructed and maintained in order to effectively shield or prevent beams or
				rays of light from being directed at any portion of the main-traveled way of
				the Interstate or federal-aid primary highway.
B. Signs with lighting of such intensity or
				brilliance as to cause glare or to impair the vision of the driver of any motor
				vehicle, or which otherwise interferes with any driver's operation of a motor
				vehicle are prohibited.
C. No sign
				may have attached to it or be illuminated by flashing or pulsing lights or
				lights which change color. This prohibition does not apply to reader signs
				which have brief messages advertising goods or services offered on the premises
				where the sign is located and also provide time and temperature readings,
				provided that such reader signs shall not be unduly distracting and shall not
				use lights that change color.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 4 - ENGINEERING › Subarticle 3 - HIGHWAY ADVERTISING CONTROL ACT › Section 63-348 - Local Zoning Approval

Current through Register Vol. 48, No. 6, June 28, 2024
A. Land subject
				to zoning plans which have been reviewed and approved by the Department shall
				be considered zoned. Zoning plans must include effective methods of
				enforcement.
B. Any changes to an
				approved zoning plan must be submitted to the Department for review and
				approval before being effective for purposes of the Act.
C. The Department will provide in writing the
				reasons why the zoning plan is not approved.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 4 - ENGINEERING › Subarticle 3 - HIGHWAY ADVERTISING CONTROL ACT › Section 63-349 - Permits

Current through Register Vol. 48, No. 6, June 28, 2024
A. All signs
				lawfully erected under S.C. Code Section
				57-25-140(a)(4),
				(a)(7) and (a)(8) and all nonconforming signs
				require permits and identification tags. This includes all signs that were
				legally in place on the effective date of the Act as well as those legally
				constructed after the effective date of the Act including those signs in place
				at the time the controlled highway was made a part of the Interstate or
				federal-aid primary system.
B. No
				sign subject to the Act for which a permit is required may be erected without
				first obtaining from the Department a permit authorizing the same.
C. Applications for permits shall be made to
				the Director of Outdoor Advertising, SCDOT, P.O. Box 191, Columbia, SC
				29202.
D. All applications must be
				submitted on forms provided by the Department. Applications must be typed
				including the name of the person who signs the application. Applications must
				provide all applicable information requested. If an application is not typed,
				or is illegible, incomplete, inaccurate, or not accompanied by the appropriate
				fee, it must be corrected by applicant prior to processing.
E. No permit may be approved unless the
				applicant has first obtained the written permission of the owner or other
				person in lawful possession of the site designated as the location of the sign
				in the permit application. All applications must be accompanied by a copy of
				the written lease or other written agreement between the applicant and the
				landowner or other person in lawful possession or control of the site
				designated as the location of the sign in the permit application, if the
				applicant and the landowner of the site are different. All such documents shall
				be considered trade secrets and therefore not subject to disclosure under the
				Freedom of Information Act.
F.
				Where local government regulation exists, no permit shall be issued unless the
				applicant submits along with the application either:
(1) A copy of the permit issued for the site
				by the local government, or
(2) A
				statement from the appropriate local government official indicating that:
(a) The sign complies with all local
				government requirements;
(b) The
				local government will issue a permit to that applicant upon issuance of the
				state permit by the Department, and
(c) A certificate of occupancy, occupancy
				letter, or documentation indicating that the final inspection and building
				permit requirements for the qualifying activity have been obtained and
				completed by the local government, where applicable.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 4 - ENGINEERING › Subarticle 3 - HIGHWAY ADVERTISING CONTROL ACT › Section 63-350 - Maintenance Standards for All Signs Controlled by the Act

Current through Register Vol. 48, No. 6, June 28, 2024
A. All signs subject to the Act must be
				structurally safe and maintained in a good state of repair which includes but
				is not limited to the following:
(1) The sign
				face must be maintained free of peeling, chipping, rusting, wearing and fading
				so as to be fully legible at all times.
(2) All parts of the sign, including the
				cutouts, extensions, border, trim, and sign structure must be maintained in a
				safe manner, free from rusting, rotting, breaking and other
				deterioration.
(3) The sign face
				must not have any vegetation growing upon it or touching or clinging to
				it.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 4 - ENGINEERING › Subarticle 3 - HIGHWAY ADVERTISING CONTROL ACT › Section 63-351 - Directional and Other Official Signs

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Definitions for this Section:
(1) "Scenic
				Area," means any area of particular scenic beauty or historical significance as
				determined by the Federal, state or local officials having jurisdiction thereof
				and includes land which has been acquired for the restoration, preservation,
				and enhancement of scenic beauty.
(2) "Parkland," means any publicly owned land
				which is designated or used as a public park, recreation area, wildlife or
				waterfowl refuge, or historical site.
(3) "Federal or State Law," means a federal
				or state constitutional provision or statute, or an ordinance, rule, or
				regulation enacted or adopted by a state or federal agency or a political
				subdivision pursuant to a federal or state constitution or statute.
(4) "Directional and Other Official Signs and
				Notices," means only official signs and notices, public utility signs, service
				club and religious notices, public service signs, and directional
				signs.
(5) "Official Signs and
				Notices," means signs and notices erected by public officers or public agencies
				within their territorial or zoning jurisdiction and pursuant to and in
				accordance with direction or authorization contained in federal, state, or
				local law for the purposes of carrying out an official duty or responsibility.
				Historical markers authorized by state law and erected by state or local
				government agencies or non-profit historical societies may be considered
				official signs.
(6) "Public Utility
				Signs," means warning signs, information signs, notices, or markers which are
				customarily erected and maintained by publicly or privately owned utilities, as
				essential to their operations.
(7)
				"Service Club and Religious Notices," means signs and notices relating to
				meetings of non-profit service clubs or charitable associations, or religious
				services, which do not exceed eight square feet in area.
(8) "Directional Signs," means signs deemed
				by the Department to be in the interest of the traveling public and containing
				directional information about public places owned or operated by federal, state
				or local government or their agencies; publicly or privately owned natural
				phenomena; historic, cultural, scientific, educational and religious sites; and
				areas of natural scenic beauty or naturally suited for outdoor
				recreation.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 4 - ENGINEERING › Subarticle 3 - HIGHWAY ADVERTISING CONTROL ACT › Section 63-352 - On-Premise Signs

Current through Register Vol. 48, No. 6, June 28, 2024
A. Signs erected
				pursuant to S.C. Code Section
				57-25-140(a)(5)
				and (6) are not required to be permitted,
				however, there are certain criteria that must be applied to these signs in
				order to determine if, in fact, they are on-premise signs.
B. "For Sale" and "For Lease" signs may be
				considered on-premise if they meet the following requirements:
(1) They must be located only on property
				which is for sale or lease.
(2)
				They may contain only information pertinent to sale or lease of the property
				such as "For Sale," acreage, name of person or firm having such property for
				sale, and phone number.
(3) They
				may not have information relating to any activity or product not directly
				connected with the sale or lease of the property on which they are
				located.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 4 - ENGINEERING › Subarticle 3 - HIGHWAY ADVERTISING CONTROL ACT › Section 63-353 - Design of Outdoor Advertising Signs

Current through Register Vol. 48, No. 6, June 28, 2024
A. Signs with 350 square feet of facing or
				more must be constructed with steel supports.
B. Signs with 672 square feet of facing must
				be constructed on a steel monopole.
C. No stacked (double deck) sign faces shall
				be allowed.
ILLUSTRATION 1
See
				  Image
ILLUSTRATION 2
See
				  Image
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 4 - ENGINEERING › Subarticle 3 - HIGHWAY ADVERTISING CONTROL ACT › Section 63-354 - Off-premise Changeable Message Signs

Current through Register Vol. 48, No. 6, June 28, 2024
A. Changeable message signs shall not contain
				or display flashing, intermittent or moving lights.
B. Changeable message signs shall conform
				with size requirements as described in Regulation Section
				63-345.
C. Changeable message signs shall be spaced
				500 feet apart on the same side of the highway.
D. Only conforming sign structures may be
				modified to changeable message signs upon compliance with changeable message
				sign standards and approval of the Department. Nonconforming sign structures
				shall not be modified to changeable message signs.
E. Each message displayed shall remain fixed
				for at least six seconds.
F. When a
				message is changed, it shall be accomplished within an interval of two seconds
				or less.
G. Changeable message
				signs may only be constructed as a single face and V-shape structures.
				Changeable message signs shall not be side by side or stacked.
H. If a conforming sign is to be revised to a
				changeable message sign, an application shall be submitted noting the sign is
				to become a changeable message signs and requesting approval for this
				change.
I. Brilliancy and light
				intensity shall remain the same throughout the display period.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 4 - ENGINEERING › Subarticle 3 - HIGHWAY ADVERTISING CONTROL ACT › Section 63-355 - Penalty for Violation

Current through Register Vol. 48, No. 6, June 28, 2024
Any person or firm who violates any portion of these
				  regulations shall be held accountable under the appropriate section of the
				  Highway Advertising Control Act and other laws and regulations. A violation
				  shall be just cause for revocation of permit or permits in accordance with
				  specifications contained in the Department's permit form. Each permit shall be
				  considered separately in revoking procedures.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 4 - ENGINEERING › Subarticle 4 - MOVEMENT OF ROAD MACHINERY OVER HIGHWAYS › Section 63-361 - Routing Permits

Current through Register Vol. 48, No. 6, June 28, 2024
All road machinery which is temporarily moved over the
				  highways of this State and which exceeds 12' -0"' in width or which weighs
				  90,000 pounds or more (including pulling equipment) shall first obtain from the
				  Department a routing permit for the movement which shall specify the routes to
				  be traveled and conditions to be observed during the trip. This permit, which
				  will be issued without charge, shall be carried in the vehicle and be available
				  for inspection at all times. The Department will determine the minimum spacing
				  of axles and the maximum loads to be permitted on single, double and triple
				  tandem axles.
Loads moved in violation of this regulation will be
				  considered in violation of Chapter 5, Title 56, of the Code of Laws of South
				  Carolina and subject to the penalties provided therefor.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 4 - ENGINEERING › Subarticle 7 - TANDEM TRAILER COMBINATION AND OTHER LARGER VEHICLE ACCESS CONTROL ACT › Section 63-390 - Purpose, Scope and Policy

Current through Register Vol. 48, No. 6, June 28, 2024
(1) This
				article sets forth the regulations governing the operation of tandem trailer
				combinations and other larger vehicles within the State of South Carolina.
				These regulations are promulgated pursuant to the authority of Section
				56-5-4075
				of the South Carolina Code.
(2)
				Tandem trailer combinations and other larger vehicles in compliance with this
				article and Sections
				56-5-4030 and
				56-5-4070
				of the South Carolina Code may operate within the State of South Carolina only
				on those highways identified as the "National Truck Network" and other roads
				specifically designated by the Department.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 4 - ENGINEERING › Subarticle 7 - TANDEM TRAILER COMBINATION AND OTHER LARGER VEHICLE ACCESS CONTROL ACT › Section 63-391 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
For the purpose of this article the following words and
				  phrases shall have the following meanings:
(1) Department: The South Carolina Department
				of Highways and Public Transportation.
(2) Household Goods Carrier: A commercial
				vehicle used in transporting home furnishings and other personal property to or
				from a residence or business.
(3)
				National Truck Network: The National System of Interstate and Defense Highways
				and other qualifying federal aid highways designated by the U. S. Secretary of
				Transportation.
(4) Other Larger
				Vehicle: Any truck, trailer, or other vehicle in excess of 96 inches wide, but
				not exceeding 102 inches wide; or any truck tractor-trailer combination greater
				than 60 feet in length, including auto transporters.
(5) Qualifying Activities: Terminals and
				facilities for food, fuel, repairs, and rest.
(6) South Carolina Truck Network: That system
				or roads designated by the Department for the operation of tandem trailer
				combinations and other larger vehicles, consisting of the following:
(a) The Basic Network: The National Truck
				Network; and other segments of the State Highway System specifically designated
				by the Department.
(b) Local Roads:
				County roads and city streets not part of the State Highway System but
				specifically designated by the Department.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 4 - ENGINEERING › Subarticle 7 - TANDEM TRAILER COMBINATION AND OTHER LARGER VEHICLE ACCESS CONTROL ACT › Section 63-392 - Selection of the South Carolina Truck Network

Current through Register Vol. 48, No. 6, June 28, 2024
(1) The Department's designation of the
				Network is for the accommodation of needed truck-transportation service and to
				promote the economic benefits derived therefrom; but is also constrained by an
				overriding concern for safety, roadway facility capabilities, and public
				convenience. Accordingly, in selecting, approving, restricting or disapproving
				roads or portions of roads as part of the Network, the Department may consider,
				in addition to the need for service, those engineering and safety factors found
				to be appropriate.
(2) The
				Department may designate additional routes to the existing Network, pursuant to
				the standards for selection of the Network contained in subsection (1). Except
				in the case of access permitted pursuant to R63-395 and R63-396, notice of the
				Department's intention to add a particular route shall be published in the
				State Register. Interested persons shall be afforded reasonable opportunities
				to submit views and a public hearing shall be provided if requested by 25 or
				more persons. All views and the proceedings of any hearing shall be fully
				considered.
(3) The Department may
				review at any time a route designated under this Section and remove or restrict
				the route or any portion thereof in accordance with R63-392.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 4 - ENGINEERING › Subarticle 7 - TANDEM TRAILER COMBINATION AND OTHER LARGER VEHICLE ACCESS CONTROL ACT › Section 63-393 - Publication of Network Routes

Current through Register Vol. 48, No. 6, June 28, 2024
(1) The
				Department will compile and publish in the State Register a list of the routes
				comprising the South Carolina Truck Network. A copy of this list will be
				available from the Department's Director of Traffic Engineering, 955 Park
				Street, Post Office Box 191, Columbia, South Carolina 29202.
(2) Notice of any addition, deletion, or
				change in the South Carolina Truck Network shall be promptly filed and
				published in the State Register.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 4 - ENGINEERING › Subarticle 7 - TANDEM TRAILER COMBINATION AND OTHER LARGER VEHICLE ACCESS CONTROL ACT › Section 63-394 - Route Proposals by Local Authorities

Current through Register Vol. 48, No. 6, June 28, 2024
(1)
				The local authority responsible for maintenance of a road may nominate a road
				or a portion of a road for addition to or deletion from the South Carolina
				Truck Network. The nomination shall be in writing and shall identify the road,
				its termini, and each point of intersection with the South Carolina Truck
				Network.
(2) The local authority
				shall submit the nomination to the Department's Director of Traffic
				Engineering.
(3) The Department
				shall review the nomination and may, within thirty (30) days after its receipt,
				request any needed additional information. Within ninety (90) days after
				receipt of the nomination or receipt of any requested additional information,
				the Department shall either:
(a) approve the
				nomination;
(b) disapprove the
				nomination;
(c) approve the
				nomination in part and disapprove in part; or,
(d) approve the nomination with
				restrictions.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 4 - ENGINEERING › Subarticle 7 - TANDEM TRAILER COMBINATION AND OTHER LARGER VEHICLE ACCESS CONTROL ACT › Section 63-395 - Reasonable Access to Qualifying Activities

Current through Register Vol. 48, No. 6, June 28, 2024
(1) Tandem trailer combinations and other
				larger vehicles shall be afforded access to qualifying activities located
				within five miles travel distance of the Basic Network unless prohibited or
				restricted by the Department. The Department's decision to prohibit or restrict
				access shall be made in accordance with R63-392.
(2) An operator of a terminal located beyond
				the limits permitted in subsection (1) of this Section may petition the
				Department for access to that facility. The petition shall be in writing and
				shall include:
(a) a statement that the
				facility fully qualifies as a terminal as prescribed in R63-391 (8);
(b) a description and map of the proposed
				route to such facility;
(c) an
				estimate of present and anticipated daily truck trips to and from the facility,
				by direction.
The Department shall review the petition, in accordance with
				  R63-392, and may, within thirty (30) days after receipt of the petition,
				  request any additional information needed. Within ninety (90) days after
				  receipt of the petition or receipt of additional information, the Department
				  shall either approve the petition (with or without restrictions) or disapprove
				  the petition.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 4 - ENGINEERING › Subarticle 7 - TANDEM TRAILER COMBINATION AND OTHER LARGER VEHICLE ACCESS CONTROL ACT › Section 63-396 - Reasonable Access to Specific Industrial, Commercial, Warehousing Sites

Current through Register Vol. 48, No. 6, June 28, 2024
(1) An operator of
				an industrial, commercial, or warehousing site located off the Basic Network
				may petition the Department for access to that site. The petition shall be in
				writing and shall include:
(a) a statement
				describing the specific activity;
(b) a description and map of the proposed
				route to such site;
(c) an estimate
				of present and anticipated daily truck traffic to and from the site by
				direction.
The Department shall review the petition and may within
				  thirty (30) days after receipt of the petition, request any needed additional
				  information in accordance with R63-392. Within ninety (90) days after receipt
				  of the petition, requested additional information, or written approval from
				  local government (where required), the Department shall either approve the
				  petition (with or without restrictions), or disapprove the petition.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 4 - ENGINEERING › Subarticle 7 - TANDEM TRAILER COMBINATION AND OTHER LARGER VEHICLE ACCESS CONTROL ACT › Section 63-397 - Reasonable Access to Points of Loading and Unloading for Certain Vehicles

Current through Register Vol. 48, No. 6, June 28, 2024
(1) The following
				vehicles, whose width does not exceed 102 inches, may have reasonable access to
				points of loading and unloading for purposes of local delivery:
(a) Household goods carriers whose length
				exceeds 60 feet.
(b) Auto
				transporters whose length exceeds 60; over routes approved by the Department in
				accordance with R63-396;
(c) Any
				truck tractor-trailer or semitrailer which generally operates as part of a
				tandem trailer combination in which the trailer length does not exceed 28 1/2
				feet.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 8 - DISADVANTAGED BUSINESS ENTERPRISES PROGRAM › Section 63-700 - Purpose and Scope

Current through Register Vol. 48, No. 6, June 28, 2024
A. The South
			 Carolina Department of Transportation (hereinafter "Department") promulgates
			 these regulations to carry out the disadvantaged business enterprises program
			 mandated by Section
			 12-28-2930
			 of the Code of Laws (1976), as amended (hereinafter "State DBE Program") and to
			 comply with the requirements of 49 CFR Part 26 regarding the disadvantaged
			 business enterprises program required by federal law and regulations
			 (hereinafter "Federal DBE Program").
B. In accordance with Section
			 12-28-2930(A),
			 the State DBE Program shall be applicable to total state source highway funds
			 expended in a fiscal year on highway, bridge and building construction, and
			 building renovation contracts.
(1) "Total
			 State source highway funds" shall include all revenue generated by State law
			 for use by the South Carolina Department of Transportation (hereinafter the
			 "Department") for the construction and renovation of highways, bridges and
			 buildings.
(2) "Expended in a
			 fiscal year" shall mean become legally obligated to expend within the fiscal
			 year.
(3) "Contracts" shall mean
			 agreements to perform or furnish labor or materials made between the Department
			 and a contractor, after a solicitation for bids.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 8 - DISADVANTAGED BUSINESS ENTERPRISES PROGRAM › Section 63-702 - Eligibility for Participation in State DBE Program or Federal DBE Program

Current through Register Vol. 48, No. 6, June 28, 2024
A. To be eligible
			 for the State DBE Program or Federal DBE Program, a firm must be certified by
			 the Department as a bona fide Disadvantaged Business Enterprise (DBE) pursuant
			 to the standards and procedures set forth in Regulations
			 63-703
			 and 63-704 and 49 CFR Part 26.
B.
			 After the first year of certification, to continue to be eligible for
			 participation in the State and Federal DBE Programs, the firm must continue to
			 meet the requirements of 49 CFR Part 26 and to comply with the standards and
			 procedures set forth herein. To continue to be eligible for participation in
			 the State DBE Program, a firm must also meet the following requirements:
(1) A firm must complete twenty hours of
			 continuing education annually as required in Regulation
			 63-715;
(2) A firm must take the following steps
			 toward business development:
(a) Participate
			 in a needs assessment to determine the management, engineering and financial
			 levels of the firm;
(b) Establish a
			 business development plan;
(c)
			 Annually review with the Department the firm's financial statement, income tax
			 returns and updated business development plan;
(d) Submit an application for bonding to a
			 bonding agent at least by the third year of active participation.
(3) No DBE may participate in the
			 State DBE Program after June 30, 1999, or nine years from the date of the DBE's
			 first contract, whichever is later, if that DBE performed at least three
			 million dollars in highway contracts awarded pursuant to the State DBE Program
			 for four consecutive years while certified as a DBE. DBEs performing less than
			 three million dollars in highway contracts for four consecutive years may be
			 eligible for the State DBE Program for additional five year periods, provided
			 all requirements of the program are met.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 8 - DISADVANTAGED BUSINESS ENTERPRISES PROGRAM › Section 63-703 - Certification Standards

Current through Register Vol. 48, No. 6, June 28, 2024
A. General
			 Standards. The Department will certify a firm as a bona fide DBE under the
			 State or Federal DBE Program if the Department determines that the firm meets
			 the eligibility requirements of 49 CFR Part 26.
B. Minority Business Enterprises. For
			 purposes of the State DBE Program, a DBE owned and controlled by one or more
			 individuals who are socially and economically disadvantaged ethnic minorities
			 is known as a Minority Business Enterprise ("MBE").
C. Women-owned Businesses. For purposes of
			 the State DBE Program, a DBE owned and controlled by one or more disadvantaged
			 females is known as a Women-Owned Business Enterprise ("WBE").
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 8 - DISADVANTAGED BUSINESS ENTERPRISES PROGRAM › Section 63-704 - Procedures for Certification

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Application to Department. All firms applying for certification as a DBE under
			 the State or Federal DBE Program must submit a completed application and
			 Certification Affidavit on forms provided by the Department, which shall be
			 signed by the authorized representative of the firm and notarized. The
			 application shall indicate that the applicant is applying for participation in
			 the State DBE Program, the Federal DBE Program, or both.
B. Firms Ineligible to Apply for
			 Certification. The Department shall not accept applications from the following
			 applicants:
(1) Applicants who have been
			 determined by the Department to be ineligible for participation in the State or
			 Federal DBE Programs within one year prior to the date of
			 application.
(2) Applicants who
			 have been determined by the U.S. Department of Transportation to be ineligible
			 for participation as a DBE in U.S. Department of Transportation projects,
			 during the period of ineligibility.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 8 - DISADVANTAGED BUSINESS ENTERPRISES PROGRAM › Section 63-705 - Ineligibility Complaints

Current through Register Vol. 48, No. 6, June 28, 2024
A. Any
			 person may file with the Department a written complaint alleging that a
			 currently certified firm is ineligible and specifying the alleged reasons why
			 the firm is ineligible. Complaints must be sent to the Department in care of
			 the Office of DBE Program Development, P. O. Box 191, Columbia, SC 29202. The
			 Department is not required to accept a general allegation that a firm is
			 ineligible or an anonymous complaint. The complaint may include any information
			 or arguments supporting the complainant's assertion that the firm is ineligible
			 and should not continue to be certified.
B. The identity of complainants shall be kept
			 confidential, at their election. If such confidentiality will hinder the
			 investigation, proceeding or hearing, or result in a denial of appropriate
			 administrative due process to other parties, the Department will so advise the
			 complainant. Complainants are advised that failure to waive the privilege of
			 confidentiality may result in the closure of the investigation.
C. The Department will review its records
			 concerning the firm, any material provided by the firm and the complainant, and
			 other available information. The Department may request additional information
			 from the challenged firm or conduct any other investigation that it deems
			 necessary.
D. If the Department
			 determines, based on its review, that there is reasonable cause to believe that
			 the firm is ineligible, the Department will provide written notice to the firm
			 that it proposes to find the firm ineligible, setting forth the reasons for the
			 proposed determination, in accordance with Section
			 63-706
			 below.
E. If the Department
			 determines that such reasonable cause does not exist, the Department must
			 notify the complainant and the challenged firm in writing of this determination
			 and the reasons for it. All statements of reasons for findings on the issue of
			 reasonable cause must specifically reference the evidence in the record on
			 which each reason is based.
South Carolina Code of Regulations › Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION › Article 8 - DISADVANTAGED BUSINESS ENTERPRISES PROGRAM › Section 63-706 - Procedures for Decertification

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Determination of reasonable cause to decertify. If the Department determines,
			 based on notification by the firm of a change in its circumstances or other
			 information that comes to its attention, that there is reasonable cause to
			 believe that a currently certified firm is ineligible, the Department will
			 provide written notice to the firm that it proposes to find the firm
			 ineligible, in accordance with Paragraph B below. The statement of reasons for
			 the finding of reasonable cause must specifically reference the evidence in the
			 record on which each reason is based.
B. Notice of Proposed Decertification. The
			 written Notice of Proposed Decertification shall contain the following:
1. The specific facts or conduct relied upon
			 to justify a finding that there is reasonable cause to remove the firm's
			 certification;
2. The statutory or
			 regulatory provisions which are alleged to have been violated;
3. A statement that the firm has the right to
			 request a hearing before the State Administrative Law Judge Division pursuant
			 S.C. Code Section
			 1-23-600
			 under contested case procedures;
4.
			 A statement that the Department will make a final finding of decertification
			 unless a request for hearing is filed within fifteen (15) days of the receipt
			 of the Notice.