South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 8 - SINGLE STATE, REGISTRATION SYSTEM FOR INTERSTATE MOTOR CARRIERS OPERATING FOR HIRE › Section 38-433 - Compliance

Current through Register Vol. 48, No. 6, June 28, 2024
Failure by the registrant to comply with these standards
				  shall result in suspension or revocation of the registration by the base
				  jurisdiction.
1. Suspension of
				Registration. On the effective date of cancellation of the proof of insurance
				or other items in non-compliance, the registration State shall notify the
				registrant in writing that its registration to operate in all states of travel
				pursuant to these standards is suspended. The suspension notice shall be mailed
				to the registrant and show the effective date of such suspension. The
				suspension notice may be a letter, suspension order, show cause order or any
				other method of proper notice as determined by the registration state. Notice
				of non-compliance with the filing of proof of insurance with the Department may
				be obtained by any registration state by viewing the state bulletin board or
				other computer access established with reference to these procedures.
2. Reinstatement of Registration. When
				sufficient proof of insurance or other items of non-compliance is filed and in
				effect after a suspension of the registration, the registration state shall
				immediately reinstate the motor carrier's registration and notify the
				registrant that its registration pursuant to these standards is restored. The
				reinstatement notice shall be mailed to the registrant and show the effective
				date of such reinstatement. The reinstatement notice may be a letter,
				reinstatement order or any other method of proper notice as determined by the
				registration state. Notice of compliance with the filing of proof of insurance
				with the Department may be obtained by any registration state by viewing the
				state bulletin board or other computer access established with reference to
				these procedures.
3. Revocation of
				Registration. Each registration state shall revoke registration to operate in
				any state if the registrant has failed to comply with the insurance filing
				requirements one-hundred and thirty five (135) days from the effective date of
				a cancellation of insurance. Notice of revocation of registration shall be
				mailed to the registrant and show the effective date of such revocation.
a. Each registration state shall transmit
				information regarding revocation of the registration once a month with the
				monthly transmittal to any other affected jurisdictions participating in this
				program. The notice to other participating states shall include the full name
				and business address of the registrant, the registrant's MC Number, DOT number
				and the date of revocation.
b. The
				registration state shall revoke the registration of the motor carrier for
				unlawful use of the registration receipt issued by the registration
				state.
c. Unlawful use shall
				include, but not be limited to, failure to pay sufficient fees for the number
				of motor vehicles operating under the registration receipt, allowing another
				motor carrier to use or purchase a registration receipt issued to the
				registrant, alteration of the receipt or failure to maintain a current listing
				of designation of process agent.
d.
				The registration state shall revoke the registration of a motor carrier whose
				registration of an ETA or TA has expired without permanent authority being
				granted by the Department or the motor carrier has failed to file a copy of the
				permanent grant of authority in the registration state before the expiration
				date.
e. If the registrant believes
				that the registration state has revoked its registration without good cause,
				the registrant may petition its registration state for reinstatement. Such
				petition for reinstatement shall be acted upon in accordance with the
				administrative rules and procedures of the registration state.
f. After a registration has been revoked or
				cancelled, a motor carrier wishing to operate pursuant to these standards must
				again apply for registration in its registration state. If its registration
				state has copies of its operating authority and the motor carrier indicates
				that no additional grants have been given by the Department, the new filing of
				copies of its authority shall be waived. The motor carrier shall submit new
				proof of insurance. If the motor carrier has paid its annual per vehicle fee
				for the current calendar year, the registration state shall not require new
				fees to be paid.
g. If the motor
				carrier has paid its annual per vehicle fee for the current calendar year, the
				registration state shall be required to forward the registration information to
				all affected participating states when the registration state forwards the next
				monthly transmittal.
h. Nothing in
				these procedures prevents a State from imposing criminal or civil penalties
				upon any person or organization violating any provision herein.