reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 1 - UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS › Part 38-383 - COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES › Subpart F - VEHICLE GROUPS AND ENDORSEMENTS › Section 38-383.91 - Commercial motor vehicle groups

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Vehicle group descriptions. Each driver
					 applicant must possess and be tested on his/her knowledge and skills, described
					 in Subpart G of 38-382, for the commercial motor vehicle group(s) for which
					 he/she desires a CDL. The commercial motor vehicle groups are as follows:
(1) Combination vehicle (Group A) Any
					 combination of vehicles with a gross combination weight rating (GCWR) of 11,794
					 kilograms or more (26,001 pounds or more) provided the GVWR of the vehicle(s)
					 being towed is in excess of 4,536 kilograms (10,000 pounds).
(2) Heavy Straight Vehicle (Group B) Any
					 single vehicle with a GVWR of 11,794 kilograms or more (26,001 pounds or more),
					 or any such vehicle towing a vehicle not in excess of 4,536 kilograms (10,000
					 pounds) GVWR.
(3) Small Vehicle
					 (Group C) Any single vehicle, or combination of vehicles, that meets neither
					 the definition of Group A nor that of Group B, but that either is designed to
					 transport 16 or more passengers including the driver, or is used in the
					 transportation of materials found to be hazardous for the purposes of the
					 Hazardous Materials Transportation Act and which require the motor vehicle to
					 be placarded under the Hazardous Materials Regulations ( 49 CFR part 172,
					 Subpart F).
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 1 - UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS › Part 38-383 - COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES › Subpart F - VEHICLE GROUPS AND ENDORSEMENTS › Section 38-383.93 - Endorsements

Current through Register Vol. 48, No. 6, June 28, 2024
(a) General. In
					 addition to taking and passing the knowledge and skills tests described in
					 Subpart G of 38-382, all persons who operate or expect to operate the type(s)
					 of motor vehicles described in paragraph (b) shall take and pass specialized
					 tests to obtain each endorsement. The State shall issue CDL endorsements only
					 to drivers who successfully complete the tests.
(b) Endorsement descriptions. An operator
					 must obtain State issued endorsements to his/her CDL to operate commercial
					 motor vehicles which are:
(1) Double/triple
					 trailers;
(2) Passenger
					 vehicles;
(3) Tank vehicles;
					 or
(4) Used to transport hazardous
					 material as defined in Regulation Regulation
					 38-383.5.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 1 - UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS › Part 38-383 - COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES › Subpart F - VEHICLE GROUPS AND ENDORSEMENTS › Section 38-383.95 - Air brake restrictions

Current through Register Vol. 48, No. 6, June 28, 2024
(a) If an
					 applicant either fails the air brake component of the knowledge test, or
					 performs the skills test in a vehicle not equipped with air brakes, the State
					 shall indicate on the CDL, if issued, that the person is restricted from
					 operating a CMV equipped with air brakes.
(b) For the purposes of the skills test and
					 the restriction, air brakes shall include any braking system operating fully or
					 partially on the air brake principle.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 1 - UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS › Part 38-383 - COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES › Subpart G - REQUIRED KNOWLEDGE AND SKILLS › Section 38-383.110 - General requirement

Current through Register Vol. 48, No. 6, June 28, 2024
All drivers of commercial motor vehicles shall have
						knowledge and skills necessary to operate a commercial motor vehicle safely as
						contained in this Subpart. A sample of the specific types of items which a
						State may wish to include in the knowledge and skills tests that it administers
						to CDL applicants is included in the appendix to this Subpart
						G.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 1 - UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS › Part 38-383 - COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES › Subpart G - REQUIRED KNOWLEDGE AND SKILLS › Section 38-383.111 - Required knowledge

Current through Register Vol. 48, No. 6, June 28, 2024
All commercial motor vehicle operators must have
						knowledge of the following general areas:
(a) Safe operations regulations. Driver
					 related elements of the regulations contained in 49 CFR parts 391, 392, 38,
					 395, 396, and 397, such as: Motor vehicle inspection, repair, and maintenance
					 requirements; procedures for safe vehicle operations; the effects of fatigue,
					 poor vision, hearing, and general health upon safe commercial motor vehicle
					 operation; the types of motor vehicles and cargoes subject to the requirements;
					 and the effects of alcohol and drug use upon safe commercial motor vehicle
					 operations.
(b) Commercial motor
					 vehicle safety control systems. Proper use of the motor vehicle's safety
					 system, including lights, horns, side and rear view mirrors, proper mirror
					 adjustments, fire extinguishers, symptoms of improper operation revealed
					 through instruments, motor vehicle operation characteristics, and diagnosing
					 malfunctions. Commercial motor vehicle drivers shall have knowledge on the
					 correct procedures needed to use these safety systems in an emergency
					 situation, e.g., skids and loss of brakes.
(c) Safe vehicle control
(1) Control systems. The purpose and function
					 of the controls and instruments commonly found on commercial motor
					 vehicles.
(2) Basic control. The
					 proper procedures for performing various basic maneuvers.
(3) Shifting. The basic shifting rules and
					 terms, as well as shift patterns and procedures for common
					 transmissions.
(4) Backing. The
					 procedures and rules for various backing maneuvers.
(5) Visual search. The importance of proper
					 visual search, and proper visual search methods.
(6) Communication. The principles and
					 procedures for proper communications and the hazards of failure to signal
					 properly.
(7) Speed management. The
					 importance of understanding the effects of speed.
(8) Space management. The procedures and
					 techniques for controlling the space around the vehicle.
(9) Night operation. Preparations and
					 procedures for night driving.
(10)
					 Extreme driving conditions. The basic information on operating in extreme
					 driving conditions and the hazards that are encountered in extreme
					 conditions.
(11) Hazard
					 perceptions. The basic information on hazard perception and clues for
					 recognition of hazards.
(12)
					 Emergency maneuvers. The basic information concerning when and how to make
					 emergency maneuvers.
(13) Skid
					 control and recovery. The information on the causes and major types of skids,
					 as well as the procedures for recovering from skids.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 1 - UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS › Part 38-383 - COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES › Subpart G - REQUIRED KNOWLEDGE AND SKILLS › Section 38-383.113 - Required skills

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Basic
					 vehicle control skills. All applicants for a CDL must possess and demonstrate
					 basic motor vehicle control skills for each vehicle group which the driver
					 operates or expects to operate. These skills should include the ability to
					 start, to stop, and to move the vehicle forward and backward in a safe
					 manner.
(b) Safe driving skills.
					 All applicants for a CDL must possess and demonstrate the safe driving skills
					 for their vehicle group. These skills should include proper visual search
					 methods, appropriate use of signals, speed control for weather and traffic
					 conditions, and ability to position the motor vehicle correctly when changing
					 lanes or turning.
(c) Air brake
					 skills. Except as provided in Regulation Regulation
					 38-393.95,
					 all applicants shall demonstrate the following skills with respect to
					 inspection and operation of air brakes:
(1)
					 Pre trip inspection skills. Applicants shall demonstrate the skills necessary
					 to conduct a pre trip inspection which includes the ability to:
(i) Locate and verbally identify air brake
					 operating controls and monitoring devices;
(ii) Determine the motor vehicle's brake
					 system condition for proper adjustments and that air system connections between
					 motor vehicles have been properly made and secured;
(iii) Inspect the low pressure warning
					 device(s) to ensure that they will activate in emergency situations;
(iv) Ascertain, with the engine running, that
					 the system maintains an adequate supply of compressed air;
(v) Determine that required minimum air
					 pressure build up time is within acceptable limits and that required alarms and
					 emergency devices automatically deactivate at the proper pressure level;
					 and
(vi) Operationally check the
					 brake system for proper performance.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 1 - UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS › Part 38-383 - COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES › Subpart G - REQUIRED KNOWLEDGE AND SKILLS › Section 38-383.115 - Requirements for double/triple trailers endorsement

Current through Register Vol. 48, No. 6, June 28, 2024
In order to obtain a Double/Triple Trailers endorsement
						each applicant must have knowledge covering:
(a) Procedures for assembly and hookup of the
					 units;
(b) Proper placement of
					 heaviest trailer;
(c) Handling and
					 stability characteristics including off tracking, response to steering, sensory
					 feedback, braking, oscillatory sway, rollover in steady turns, yaw stability in
					 steady turns; and
(d) Potential
					 problems in traffic operations, including problems the motor vehicle creates
					 for other motorists due to slower speeds on steep grades, longer passing times,
					 possibility for blocking entry of other motor vehicles on freeways, splash and
					 spray impacts, aerodynamic buffeting, view blockages, and lateral
					 placement.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 1 - UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS › Part 38-383 - COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES › Subpart G - REQUIRED KNOWLEDGE AND SKILLS › Section 38-383.117 - Requirements for passenger endorsement

Current through Register Vol. 48, No. 6, June 28, 2024
An applicant for the passenger endorsement must satisfy
						both of the following additional knowledge and skills test requirements.
(a) Knowledge test. All applicants for the
					 passenger endorsement must have knowledge covering at least the following
					 topics:
(1) Proper procedures for
					 loading/unloading passengers;
(2)
					 Proper use of emergency exits, including push out windows;
(3) Proper responses to such emergency
					 situations as fires and unruly passengers;
(4) Proper procedures at railroad crossings
					 and drawbridges; and
(5) Proper
					 braking procedures.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 1 - UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS › Part 38-383 - COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES › Subpart G - REQUIRED KNOWLEDGE AND SKILLS › Section 38-383.119 - Requirements for tank vehicle endorsement

Current through Register Vol. 48, No. 6, June 28, 2024
In order to obtain a Tank Vehicle Endorsement, each
						applicant must have knowledge covering the following:
(a) Causes, prevention, and effects of cargo
					 surge on motor vehicle handling;
(b) Proper braking procedures for the motor
					 vehicle when it is empty, full and partially full;
(c) Differences in handling of
					 baffled/compartmental tank interiors versus non baffled motor
					 vehicles;
(d) Differences in tank
					 vehicle type and construction;
(e)
					 Differences in cargo surge for liquids of varying product densities;
(f) Effects of road grade and curvature on
					 motor vehicle handling with filled, half filled and empty tanks;
(g) Proper use of emergency systems;
					 and
(h) For drivers of DOT
					 specification tank vehicles, retest and marking requirements.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 1 - UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS › Part 38-383 - COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES › Subpart G - REQUIRED KNOWLEDGE AND SKILLS › Section 38-383.121 - Requirements for hazardous materials endorsement

Current through Register Vol. 48, No. 6, June 28, 2024
In order to obtain a Hazardous Material Endorsement each
						applicant must have such knowledge as is required of a driver of a hazardous
						materials laden vehicle, from information contained in 49 CFR parts 171, 172,
						173, 177, 178, and 397 on the following:
(a) Hazardous materials regulations
					 including:
(1) Hazardous materials
					 table;
(2) Shipping paper
					 requirements;
(3)
					 Marking;
(4) Labeling;
(5) Placarding requirements;
(6) Hazardous materials packaging;
(7) Hazardous materials definitions and
					 preparation;
(8) Other regulated
					 material (e.g., ORM D);
(9)
					 Reporting hazardous materials accidents; and
(10) Tunnels and railroad
					 crossings.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 1 - UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS › Part 38-383 - COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES › Subpart H - TESTS › Section 38-383.131 - Test procedures

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
					 Driver information manuals. Information on how to obtain a CDL and endorsements
					 shall be included in manuals and made available by States to CDL applicants.
					 All information provided to the applicant shall include the following:
(1) Information on the requirements described
					 in Regulation Regulation
					 38-383.71,
					 the implied consent to alcohol testing described in Regulation Regulation
					 38-383.72,
					 the procedures and penalties, contained in Regulation Regulation
					 38-383.51(b)
					 to which a CDL holder is exposed for refusal to comply with such alcohol
					 testing, State procedures described in Regulation Regulation
					 38-383.73, and
					 other appropriate driver information contained in Subpart E of
					 38-382;
(2) Information on vehicle
					 groups and endorsements as specified in Subpart F of 38-382;
(3) The substance of the knowledge and skills
					 which drivers shall have as outlined in Subpart G of 38-382 for the different
					 vehicle groups and endorsements;
(4) Details of testing procedures, including
					 the purpose of the tests, how to respond, any time limits for taking the test,
					 and any other special procedures determined by the State of issuance;
					 and
(5) Directions for taking the
					 tests.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 1 - UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS › Part 38-383 - COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES › Subpart H - TESTS › Section 38-383.133 - Testing methods

Current through Register Vol. 48, No. 6, June 28, 2024
(a) All tests
					 shall be constructed in such a way as to determine if the applicant possesses
					 the required knowledge and skills contained in Subpart G of 38-382 for the type
					 of motor vehicle or endorsement the applicant wishes to obtain.
(b) States shall develop their own
					 specifications for the tests for each vehicle group and endorsement which must
					 be at least as stringent as the Federal standards.
(c) States shall determine specific methods
					 for scoring the knowledge and skills tests.
(d) Passing scores must meet those standards
					 contained in Regulation
					 38-383.135.
(e) Knowledge and skills tests shall be based
					 solely on the information contained in the driver manuals referred to in
					 Regulation 38-383.131(a).
(f) Each
					 knowledge test shall be valid and reliable so as to assure that driver
					 applicants possess the knowledge required under Regulation
					 38-383.111.
(g) Each basic knowledge test, i.e., the test
					 covering the areas referred to in Regulation Regulation
					 38-383.111 for
					 the applicable vehicle group, shall contain at least 30 items, exclusive of the
					 number of items testing air brake knowledge. Each endorsement knowledge test,
					 and the air brake component of the basic knowledge test as described in
					 Regulation Regulation
					 38-383.111(g),
					 shall contain a number of questions that is sufficient to test the driver
					 applicant's knowledge of the required subject matter with validity and
					 reliability.
(h) The skills tests
					 shall have administrative procedures, designed to achieve inter-examiner
					 reliability, that are sufficient to ensure fairness of pass/fail
					 rates.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 1 - UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS › Part 38-383 - COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES › Subpart H - TESTS › Section 38-383.135 - Minimum passing scores

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
					 The driver applicant must correctly answer at least 80 percent of the questions
					 on each knowledge test in order to achieve a passing score on such knowledge
					 test.
(b) To achieve a passing
					 score on the skills test, the driver applicant must demonstrate that he/she can
					 successfully perform all of the skills listed in Regulation
					 38-383.113.
(c) If the driver applicant does not obey
					 traffic laws, or causes an accident during the test, he/she shall automatically
					 fail the test.
(d) The scoring of
					 the basic knowledge and skills tests shall be adjusted as follows to allow for
					 the air brake restriction (Regulation Regulation
					 38-383.95):
(1) If the applicant scores less than 80
					 percent on the air brake component of the basic knowledge test as described in
					 Regulation Regulation
					 38-383.111(g),
					 the driver will have failed the air brake component and, if the driver is
					 issued a CDL, an air brake restriction shall be indicated on the license;
					 and
(2) If the applicant performs
					 the skills test in a vehicle not equipped with air brakes, the driver will have
					 omitted the air brake component as described in Regulation Regulation
					 38-383.113(c)
					 and , if the driver is issued a CDL, the air brake restriction shall be
					 indicated on the license.
SUBPART I. REQUIREMENT FOR TRANSPORTATION SECURITY
						ADMINISTRATION APPROVAL OF HAZARDOUS MATERIALS ENDORSEMENT
						ISSUANCES
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 1 - UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS › Part 38-383 - COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES › Subpart H - TESTS › Section 38-383.141 - General

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Applicability
					 date. Beginning on January 31, 2005, 38-383 applies to State agencies
					 responsible for issuing hazardous materials endorsements for a CDL, and
					 applicants for such endorsements.
(b) Prohibition. A State may not issue,
					 renew, upgrade, or transfer a hazardous materials endorsement for a CDL to any
					 individual authorizing that individual to operate a commercial motor vehicle
					 transporting a hazardous material in commerce unless the Transportation
					 Security Administration has determined that the individual does not pose a
					 security risk warranting denial of the endorsement.
(c) Individual notification. At least 180
					 days before the expiration date of the CDL or hazardous materials endorsement,
					 a State must notify the holder of a hazardous materials endorsement that the
					 individual must pass a Transportation Security Administration security
					 screening process as part of any application for renewal of the hazardous
					 materials endorsement. The notice must advise a driver that, in order to
					 expedite the security screening process, he or she should file a renewal
					 application as soon as possible, but not later than 90 days before the date of
					 expiration of the endorsement. An individual who does not successfully complete
					 the Transportation Security Administration security screening process
					 referenced in paragraph (b) may not be issued a hazardous materials
					 endorsement.
(d) Hazardous
					 materials endorsement renewal cycle. Each State must require that hazardous
					 materials endorsements be renewed every 5 years or less so that individuals are
					 subject to a Transportation Security Administration security screening
					 requirement referenced in paragraph (b) at least every 5 years.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 1 - UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS › Part 38-383 - COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES › Subpart J - COMMERCIAL DRIVER'S LICENSE DOCUMENT › Section 38-383.151 - General

Current through Register Vol. 48, No. 6, June 28, 2024
The CDL shall be a document that is easy to recognize as
						a CDL. At a minimum, the document shall contain information specified in
						Regulation 38-383.153.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 1 - UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS › Part 38-383 - COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES › Subpart J - COMMERCIAL DRIVER'S LICENSE DOCUMENT › Section 38-383.153 - Information on the document and application

Current through Register Vol. 48, No. 6, June 28, 2024
(a) All CDLs shall contain the following
					 information:
(1) The prominent statement that
					 the license is a "Commercial Driver's License" or "CDL," except as specified in
					 Regulation 38-383.153(b).
(2) The
					 full name, signature, and mailing address of the person to whom such license is
					 issued;
(3) Physical and other
					 information to identify and describe such person including date of birth
					 (month, day, and year), sex, and height;
(4) Color photograph of the driver;
(5) The driver's State license
					 number;
(6) The name of the State
					 which issued the license;
(7) The
					 date of issuance and the date of expiration of the license;
(8) The group or groups of commercial motor
					 vehicle(s) that the driver is authorized to operate, indicated as follows:
(i) A for Combination Vehicle;
(ii) B for Heavy Straight Vehicle;
					 and
(iii) C for Small
					 Vehicle.
(9) The
					 endorsement(s) for which the driver has qualified, if any, indicated as
					 follows:
(i) T for double/triple
					 trailers;
(ii) P for
					 passenger;
(iii) N for tank
					 vehicle;
(iv) H for hazardous
					 materials;
(v) X for a combination
					 of the tank vehicle and hazardous materials endorsements; and
(vi) At the discretion of the State,
					 additional codes for additional groupings of endorsements, as long as each such
					 discretionary code is fully explained on the front or back of the CDL
					 document.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 1 - UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS › Part 38-383 - COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES › Subpart J - COMMERCIAL DRIVER'S LICENSE DOCUMENT › Section 38-383.155 - Tamperproofing requirements

Current through Register Vol. 48, No. 6, June 28, 2024
States shall make the CDL tamperproof to the maximum
						extent practicable. At a minimum, a State shall use the same tamperproof method
						used for noncommercial drivers' licenses.
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 38-390 - GENERAL › Subpart A - GENERAL APPLICABILITY AND DEFINITIONS › Section 38-390.1 - Purpose

Current through Register Vol. 48, No. 6, June 28, 2024
38-382 Establishes general applicability, definitions,
						general requirements and information as they pertain to persons subject to this
						chapter.
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 38-390 - GENERAL › Subpart A - GENERAL APPLICABILITY AND DEFINITIONS › Section 38-390.3 - General applicability

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The
					 rules in regulation B of this chapter are applicable to all employers,
					 employees, and commercial motor vehicles, which transport property or
					 passengers in intrastate commerce.
(b) The rules in Part 38-383, Commercial
					 Driver's License Standards; Requirements and Penalties, are applicable to every
					 person who operates a commercial motor vehicle, as defined in Regulation
					 Regulation
					 38-383.5
					 of this regulation, in interstate or intrastate commerce and to all employers
					 of such persons.
(c)
					 [Reserved]
(d) Additional
					 requirements. Nothing in regulation B of this chapter shall be construed to
					 prohibit an employer from requiring and enforcing more stringent requirements
					 relating to safety of operation and employee safety and health.
(e) Knowledge of and compliance with the
					 regulations.
(1) Every employer shall be
					 knowledgeable of and comply with all regulations contained in this regulation
					 which are applicable to that motor carrier's operations.
(2) Every driver and employee shall be
					 instructed regarding, and shall comply with, all applicable regulations
					 contained in this regulation.
(3)
					 All motor vehicle equipment and accessories required by this regulation shall
					 be maintained in compliance with all applicable performance and design criteria
					 set forth in this regulation.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 1 - UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS › Part 38-390 - GENERAL › Subpart A - GENERAL APPLICABILITY AND DEFINITIONS › Section 38-390.5 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
Unless specifically defined elsewhere, in this
						regulation:
Accident means:
(1) Except as provided in paragraph (2) of
					 this definition, an occurrence involving a commercial motor vehicle operating
					 on a public road in interstate or intrastate commerce which results in:
(i) A fatality;
(ii) Bodily injury to a person who, as a
					 result of the injury, immediately receives medical treatment away from the
					 scene of the accident; or
(iii) One
					 or more motor vehicles incurring disabling damage as a result of the accident,
					 requiring the motor vehicle to be transported away from the scene by a tow
					 truck or other motor vehicle.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 1 - UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS › Part 38-390 - GENERAL › Subpart A - GENERAL APPLICABILITY AND DEFINITIONS › Section 38-390.7 - Rules of construction

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
					 [Reserved]
(b) In this regulation
					 the word
(1) Officer includes any person
					 authorized by law to perform the duties of the office;
(2) Writing includes printing and
					 typewriting;
(3) Shall is used in
					 an imperative sense;
(4) Must is
					 used in an imperative sense;
(5)
					 Should is used in a recommendatory sense;
(6) May is used in a permissive sense;
					 and
(7) Includes is used as a word
					 of inclusion, not limitation.
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 38-390 - GENERAL › Subpart B - GENERAL REQUIREMENTS AND INFORMATION › Section 38-390.9 - State and local laws, effect on

Current through Register Vol. 48, No. 6, June 28, 2024
Except as otherwise specifically indicated, regulation B
						of this chapter is not intended to preclude States or subdivisions thereof from
						establishing or enforcing State or local laws relating to safety, the
						compliance with which would not prevent full compliance with these regulations
						by the person subject thereto.
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 38-390 - GENERAL › Subpart B - GENERAL REQUIREMENTS AND INFORMATION › Section 38-390.11 - Motor carrier to require observance of driver regulations

Current through Register Vol. 48, No. 6, June 28, 2024
Whenever in this regulation a duty is prescribed for a
						driver or a prohibition is imposed upon the driver, it shall be the duty of the
						motor carrier to require observance of such duty or prohibition. If the motor
						carrier is a driver, the driver shall likewise be bound.
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 38-390 - GENERAL › Subpart B - GENERAL REQUIREMENTS AND INFORMATION › Section 38-390.13 - Aiding or abetting violations

Current through Register Vol. 48, No. 6, June 28, 2024
No person shall aid, abet, encourage, or require a motor
						carrier or its employees to violate the rules of this
						chapter.
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 38-390 - GENERAL › Subpart B - GENERAL REQUIREMENTS AND INFORMATION › Section 38-390.15 - Assistance in investigations and special studies

Current through Register Vol. 48, No. 6, June 28, 2024
(a) A motor carrier shall make all records
					 and information pertaining to an accident available to an authorized
					 representative or special agent of the Federal Highway Administration upon
					 request or as part of any inquiry within such time as the request or inquiry
					 may specify. A motor carrier shall give an authorized representative of the
					 Federal Highway Administration all reasonable assistance in the investigation
					 of any accident including providing a full, true and correct answer to any
					 question of the inquiry.
(b) Motor
					 carriers shall maintain for a period of one year after an accident occurs, an
					 accident register containing at least the following information:
(1) A list of accidents containing for each
					 accident:
(i) Date of accident,
(ii) City or town in which or most near where
					 the accident occurred and the State in which the accident occurred,
(iii) Driver name,
(iv) Number of injuries,
(v) Number of fatalities, and
(vi) Whether hazardous materials, other than
					 fuel spilled from the fuel tanks of motor vehicles involved in the accident,
					 were released.
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 38-390 - GENERAL › Subpart B - GENERAL REQUIREMENTS AND INFORMATION › Section 38-390.17 - Additional equipment and accessories

Current through Register Vol. 48, No. 6, June 28, 2024
Nothing in this regulation shall be construed to prohibit
						the use of additional equipment and accessories, not inconsistent with or
						prohibited by this regulation, provided such equipment and accessories do not
						decrease the safety of operation of the commercial motor vehicles on which they
						are used.
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 38-390 - GENERAL › Subpart B - GENERAL REQUIREMENTS AND INFORMATION › Section 38-390.21 - Marking of commercial motor vehicles

Current through Register Vol. 48, No. 6, June 28, 2024
(a) General. Every self propelled commercial
					 motor vehicle operated in interstate or intrastate commerce and subject to the
					 rules of regulation B of this chapter must be marked as specified in paragraphs
					 (b), (c) and (d).
(b) Nature of
					 marking. The marking must display the following information:
(1) The legal name or a single trade name of
					 the motor carrier operating the self-propelled CMV.
(2) [Reserved]
(3) If the name of any person other than the
					 operating carrier appears on the commercial motor vehicle operated under its
					 own power, either alone or in combination, the name of the operating carrier
					 shall be followed by the information required by paragraphs (b)(1), (2), and
					 (3), and be preceded by the words "operated by."
(4) Other identifying information may be
					 displayed on the commercial motor vehicle if it is not inconsistent with the
					 information required by this paragraph.
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 38-390 - GENERAL › Subpart B - GENERAL REQUIREMENTS AND INFORMATION › Section 38-390.31 - Copies or records or documents

Current through Register Vol. 48, No. 6, June 28, 2024
(a) All records and documents required to be
					 maintained under this regulation must be preserved in their original form for
					 the period specified, unless the records and documents are suitably
					 photographed and the microfilm is retained in lieu of the original record for
					 the required retention period.
(b)
					 To be acceptable in lieu of original records, the photographic copies of
					 records must meet the following minimum requirements:
(1) Photographic copies shall be no less
					 readily accessible than the original record or document as normally filed or
					 preserved would be and suitable means or facilities shall be available to
					 locate, identify, read, and reproduce such photographic copies.
(2) Any significant characteristic, feature
					 or other attribute of the original record or document, which photography in
					 black and white will not preserve, shall be clearly indicated before the
					 photograph is made.
(3) The reverse
					 side of printed forms need not be copied if nothing has been added to the
					 printed matter common to all such forms, but an identified specimen of each
					 form shall be on the film of reference.
(4) Film used for photographing copies shall
					 be of permanent-record type meeting in all respects the minimum specification
					 of the National Bureau of Standards, and all processed recommended by the
					 manufacturer shall be observed to protect it from deterioration or accidental
					 destruction.
(5) Each roll of film
					 shall include a microfilm of certificate or certificates stating that the
					 photographs are direct or facsimile reproductions of the original records. Such
					 certificate(s) shall be executed by a person or persons having personal
					 knowledge of the material covered thereby.
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 38-390 - GENERAL › Subpart B - GENERAL REQUIREMENTS AND INFORMATION › Section 38-390.33 - Commercial motor vehicles used for purposes other than defined

Current through Register Vol. 48, No. 6, June 28, 2024
Whenever a commercial motor vehicle of one type is used
						to perform the functions normally performed by a commercial motor vehicle of
						another type, the requirements of this regulation shall apply to the commercial
						motor vehicle and to its operation in the same manner as though the commercial
						motor vehicle were actually a commercial motor vehicle of the latter type.
						Example: If a commercial motor vehicle other than a bus is used to perform the
						functions normally performed by a bus, the regulations pertaining to buses and
						to the transportation of passengers shall apply to that commercial motor
						vehicle.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 1 - UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS › Part 38-390 - GENERAL › Subpart B - GENERAL REQUIREMENTS AND INFORMATION › Section 38-390.37 - Violation and penalty

Current through Register Vol. 48, No. 6, June 28, 2024
Any person who violates the rules set forth in this
						subchapter may be subject to civil or criminal penalties of the South Carolina
						Code of Laws 58-23-1120 or other related statutes.
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 38-391 - QUALIFICATIONS OF DRIVERS › Subpart A - GENERAL › Section 38-391.1 - Scope of the rules in 38-382; additional qualifications; duties of carrier drivers

Current through Register Vol. 48, No. 6, June 28, 2024
(a) The rules
					 in 38-382 establish minimum qualifications for persons who drive commercial
					 motor vehicles as, for, or on behalf of motor carriers. The rules in 38-382
					 also establish minimum duties of motor carriers with respect to the
					 qualifications of their drivers.
(b) A motor carrier who employs
					 himself/herself as a driver must comply with both the rules in 38-382 that
					 apply to motor carriers and the rules in 38-382 that apply to
					 drivers.
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 38-391 - QUALIFICATIONS OF DRIVERS › Subpart B - QUALIFICATION AND DISQUALIFICATION OF DRIVERS › Section 38-391.11 - General qualifications of drivers

Current through Register Vol. 48, No. 6, June 28, 2024
(a) A person shall not drive a commercial
					 motor vehicle unless he/she is qualified to drive a commercial motor vehicle.
					 Except as provided in Regulation Regulation 38-391.63, a motor carrier shall
					 not require or permit a person to drive a commercial motor vehicle unless that
					 person is qualified to drive a commercial motor vehicle.
(b) Except as provided in subpart G of
					 38-382, a person is qualified to drive a motor vehicle is he/she--
(1) Is at least 18 years old;
(2) Can read and speak the English language
					 sufficiently to converse with the general public, to understand highway traffic
					 signs and signals in the English language, to respond to official inquiries,
					 and to make entries on reports and records;
(3) Can, by reason of experience, training,
					 or both, safely operate the type of commercial motor vehicle he/she
					 drives;
(4) [Reserved]
(5) Has a currently valid commercial motor
					 vehicle operator's license issued only by one State or jurisdiction;
(6) Has prepared and furnished the motor
					 carrier that employs him/her with the list of violations or the certificate as
					 required by Regulation
					 38-391.27;
(7) Is not disqualified to drive a commercial
					 motor vehicle under the rules in Regulation 38-391.15; and
(8) [Reserved]
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 38-391 - QUALIFICATIONS OF DRIVERS › Subpart B - QUALIFICATION AND DISQUALIFICATION OF DRIVERS › Section 38-391.13 - Responsibilities of drivers

Current through Register Vol. 48, No. 6, June 28, 2024
In order to comply with the requirements of Regulation
						Regulation
						38-392.9(a)
						and Regulation Regulation
						38-393.9 of this
						regulation, a motor carrier shall not require or permit a person to drive a
						commercial motor vehicle unless the person:
(a) Can, by reason of experience, training,
					 or both, determine whether the cargo he/she transports (including baggage in a
					 passenger-carrying commercial motor vehicle) has been properly located,
					 distributed, and secured in or on the commercial motor vehicle he/she
					 drives;
(b) Is familiar with
					 methods and procedures for securing cargo in or on the commercial motor vehicle
					 he/she drives.
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 38-391 - QUALIFICATIONS OF DRIVERS › Subpart B - QUALIFICATION AND DISQUALIFICATION OF DRIVERS › Section 38-391.15 - Disqualification of drivers

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
					 General. A driver who is disqualified shall not drive a commercial motor
					 vehicle. A motor carrier shall not require or permit a drive who is
					 disqualified to drive a commercial motor vehicle.
(b) Disqualification for loss of driving
					 privileges.
(1) A driver is disqualified for
					 the duration of the driver's loss of his/her privilege to operate a commercial
					 motor vehicle on public highways, either temporarily or permanently, by reason
					 of the revocation, suspension, withdrawal, or denial of an operator's license,
					 permit, or privilege, until that operator's license, permit, or privilege is
					 restored by the authority that revoked, suspended, withdrew, or denied
					 it.
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 38-391 - QUALIFICATIONS OF DRIVERS › Subpart C - BACKGROUND AND CHARACTER › Section 38-391.23 - Investigation and inquiries

Current through Register Vol. 48, No. 6, June 28, 2024
(a)
					 Except as provided in subpart of 38-382, each motor carrier shall make the
					 following investigations and inquiries with respect to each driver it employs,
					 other than a person who has been a regularly employed driver of the motor
					 carrier for a continuous period which began before January 1, 1971;
(1) An inquiry into the driver's driving
					 record during the preceding 3 years to the appropriate agency of every State in
					 which the driver held a motor vehicle operator's license or permit during those
					 3 years; and
(2) An investigation
					 of the driver's safety performance history with Department of Transportation
					 regulated employers during the preceding three years.
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 38-391 - QUALIFICATIONS OF DRIVERS › Subpart C - BACKGROUND AND CHARACTER › Section 38-391.25 - Annual inquiry and review of driving record

Current through Register Vol. 48, No. 6, June 28, 2024
(a) Except as provided in subpart G of
					 38-382, each motor carrier shall, at least once every 12 months, make an
					 inquiry into the driving record of each driver it employs, covering at least
					 the preceding 12 months, to the appropriate agency of every State in which the
					 driver held a commercial motor vehicle operator's license or permit during the
					 time period.
(b) Except as provided
					 in subpart G of 38-382, each motor carrier shall, at least once every 12
					 months, review the driving record of each driver it employs to determine
					 whether that driver meets minimum requirements for safe driving or is
					 disqualified to drive a commercial motor vehicle pursuant to Regulation
					 Regulation
					 38-391.15.
(1) The motor carrier must consider any
					 evidence that the driver has violated any applicable Federal Motor Carrier
					 Safety Regulations in this regulation or Hazardous Materials Regulations (49
					 CFR chapter I, regulation C).
(2)
					 The motor carrier must consider the driver's accident record and any evidence
					 that the driver has violated laws governing the operation of motor vehicles,
					 and must give great weight to violations, such as speeding, reckless driving,
					 and operating while under the influence of alcohol or drugs, that indicates the
					 driver has exhibited a disregard for the safety of the public.