reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 4 - EXEMPTIONS FROM REGULATION › Section 38-407 - Motor Carriers Exempt from Economic Regulations

Current through Register Vol. 48, No. 6, June 28, 2024
These rules shall not be construed to apply to:
1. United States mail carriers operating star
				routes while engaged solely in carrying mail;
2. Farmers or dairymen hauling dairy or farm
				products or to any other person engaged in hauling perishable products of a
				farm, including hay and straw, or dairy products for hire from the farm to the
				first market when sold in South Carolina;
3. Persons transporting agricultural
				livestock and poultry feeds, including ingredients;
4. Lumber haulers engaged in transporting
				lumber and logs from the forest to the shipping points in this State;
5. Haulers engaged in transporting chips or
				wood residues;
6. Any vehicle
				engaged in the business of hauling, towing, or transporting wrecked or damaged
				vehicles or vehicles used in ride-sharing; or
7. Single-source lessors of vehicles and
				drivers who lease the motor vehicles and drivers to uncertificated motor
				vehicle carriers that conduct transportation of property (other than used
				household goods) in furtherance of and within the scope of their
				nontransportation primary enterprises, when the period of the lease is for
				thirty days or more, the lessee maintains insurance coverage for the protection
				of the public, a copy of the lease is carried in the motor vehicle during the
				period of the lease, and there is displayed on both sides of the motor vehicle
				a placard identifying the lessee.
8. Used by a county to transport property.
				Additionally, the Department does not have jurisdiction over any class of for
				hire operations which has been or hereafter may be specifically exempted in the
				Code of Laws of South Carolina, or is required by the Public Service Commission
				to have a Certificate of Public Convenience and Necessity.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 4 - EXEMPTIONS FROM REGULATION › Section 38-408 - Occasional Trip Defined

Current through Register Vol. 48, No. 6, June 28, 2024
The occasional trip exemption is designed to cover the
				  situation where a person may have a need to have one, non-recurring shipment
				  moved and engages the services of a non-motor carrier to perform such movement.
				  If, however, the engaged carrier is in the business of performing
				  transportation services or of performing such service as an incident to another
				  primary business, the carriage will be deemed to be for hire carriage, and as
				  such, is therefore not exempt under the Motor Vehicle Carrier
				  Law.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 5 - APPLICATION PROCEDURES FOR CERTIFICATES › Section 38-409 - Applications Required

Current through Register Vol. 48, No. 6, June 28, 2024
Any person desiring to operate in this State as a motor
				  carrier for hire first shall file application for the type of certificate
				  needed (Certificate of Compliance) with the Department on forms to be furnished
				  by the Department. All required information on the application forms must be
				  correctly completed before filing of such application will be
				  accepted.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 5 - APPLICATION PROCEDURES FOR CERTIFICATES › Section 38-410 - Responsibility Fixed

Current through Register Vol. 48, No. 6, June 28, 2024
Applications will not be accepted from two or more persons
				  operating under a trade name unless organized in a manner that will definitely
				  fix responsibility. If a corporation, a photocopy of the corporate charter must
				  accompany the application.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 5 - APPLICATION PROCEDURES FOR CERTIFICATES › Section 38-411 - Marking or Identification of Vehicles

Current through Register Vol. 48, No. 6, June 28, 2024
1. Marking of Vehicles Required. No carrier
				shall operate any motor vehicle upon the highways in the transportation of
				property or passengers for compensation unless the name, or trade name, and
				place of principal office appear on both sides of such vehicle in letters and
				figures not less than three (3) inches high.
SAMPLE: Richard Skinner Trucking Company Mytown, South
				  Carolina
2. Legible
				Placards or Printing May Be Used. The marking required may be printed on the
				vehicle or on legible placards securely fastened on both sides of the vehicle.
				In case of tractor-trailer unit, the markings must appear on the tractor. Every
				vehicle used by a carrier in his operation whether owned, rented, leased or
				otherwise obtained must be marked or identified as provided herein.
3. Marked as Required by the FHWA. If the
				carrier is engaged in both interstate and intrastate commerce and is marked as
				required by the FHWA, then the carrier will be deemed to be in full compliance
				with this Department's requirements.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 6 - INSURANCE POLICIES AND SURETY BONDS › Section 38-412 - Insurance Policy or Surety Bond Required

Current through Register Vol. 48, No. 6, June 28, 2024
1. Before any certificate can be issued and
				before any motor carrier operations can be conducted thereunder, the motor
				carrier must file with and have accepted by the Department evidence of
				insurance policy or surety bond in the amounts hereinafter prescribed, which
				policy or bond shall be conditioned to pay any final judgment recovered against
				such motor carrier for bodily injuries to, or death of, any person and/or for
				loss of, or damage to, property of others resulting from the negligent
				operation, maintenance, or use of motor vehicles in transportation subject to
				Title 58 of the South Carolina Code of Laws, and/or other applicable State and
				Federal motor carrier laws, regardless of whether the policy or bond
				specifically describes such motor vehicle or not. Upon failure of the insurance
				or bonding company to pay any such final judgment recovered against the
				insured, the judgment creditor may maintain an action in any court of competent
				jurisdiction against the insurance or bonding company to compel such payment.
				The bankruptcy or insolvency of the insured shall not relieve the insurance or
				bonding company of any of its obligations hereunder. The liability of the
				insurance or bonding company shall extend to such losses, damages, injuries, or
				deaths whether occurring on the route or in the territory authorized to be
				served by the insured or elsewhere within the boundaries of South Carolina. The
				liability of the insurance or bonding company on each motor vehicle whether
				such vehicle is specifically described in the policy or bond or not shall be a
				continuing one notwithstanding any recovery thereunder. Furthermore, nothing
				contained in the policy or bond or any endorsement attached thereto, nor the
				violation of any of the provisions of the policy or bond or of any endorsement
				attached thereto, shall relieve the insurance or bonding company from liability
				under the policy or bond or from the payment of any final judgment recovered
				against the insured.
2.
				Notwithstanding the language in Regulations 38-412(1), 38-432 and 38-441, the
				Department shall accept evidence of an insurance policy, surety bond, or other
				insurance, including self insurance, or any other evidence that the public is
				protected from bodily injury or property damage, which has been filed with and
				accepted by the FHWA. The provisions of this regulation shall apply only in the
				case where the carrier is operating on an interstate basis only and/or holds a
				Certificate of Compliance from the Department.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 6 - INSURANCE POLICIES AND SURETY BONDS › Section 38-413 - Filing Evidence of Bodily Injury and Property Damage Insurance Policy or Surety Bond

Current through Register Vol. 48, No. 6, June 28, 2024
1. Evidence of
				Insurance Filed on Form E. Filing evidence of bodily injury and property damage
				insurance will be made on Form E, "Uniform Motor Carrier Bodily Injury and
				Property Damage Liability Certificate of Insurance." (See Form E in 38-447
				Appendix). The policy or a copy thereof will not be accepted for filing in lieu
				of Form E.
2. Form F must be
				attached to the Policy. The "Uniform Motor Carrier Bodily Injury and Property
				Damage Liability Insurance Endorsement," Form F (See Form F in 38-447
				Appendix), must be attached to the bodily injury and property damage insurance
				policy itself. Form F thereby amends the terms of such policy to conform the
				policy with requirements not less than those expressed in 38-414 and with other
				applicable provisions of these rules.
3. Evidence of Surety Bond Filed on Form G.
				Filing evidence of bodily injury and property damage surety bond will be made
				on Form G, "Uniform Motor Carrier Bodily Injury and Property Damage Liability
				Surety Bond" (See Form G in 38-447 Appendix), which insures compliance with
				limits not less than those in 38-414 and with other applicable provisions of
				these rules.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 6 - INSURANCE POLICIES AND SURETY BONDS › Section 38-414 - Schedule of Minimum Limits

Current through Register Vol. 48, No. 6, June 28, 2024
Insurance policies and surety bonds for bodily injury and
				  property damage will have limits of liability not less than the
				  following:
MOTOR CARRIERS KIND OF EQUIPMENT & CAPACITY
								LIABILITY LIMITS FREIGHT (All motor vehicles used in the transportation of
								property.)
1.
10,000 OR MORE POUNDS GVWR.
a.
NON-HAZARDOUS
$ 750,000 per incident
b.
HAZARDOUS
$5,000,000 per incident
(Hazardous substances, as defined in
								49 CFR
								171.8; Class A or B explosives; liquefied
								compressed gas or compressed gas; or highway route controlled radioactive
								materials as defined in 49 CFR 171.455.)
c.
HAZARDOUS
$1,000,000 per incident
(Oil listed in 49 CFR 171.101; hazardous waste,
								hazardous materials and hazardous substances defined in 49 CFR 171.101 but not
								mentioned in 1.(b) or 2.(b).)
2.
LESS THAN 10,000 POUNDS GVWR.
a.
NON-HAZARDOUS
$ 300,000 per incident
b.
HAZARDOUS
$5,000,000 per incident
(Any quantity of Class A or B explosives; or
								highway route controlled quantity radioactive materials as defined in 49 CFR
								173.455.)
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 6 - INSURANCE POLICIES AND SURETY BONDS › Section 38-415 - Cargo Insurance or Surety Bond Required of Motor Carrier

Current through Register Vol. 48, No. 6, June 28, 2024
1. Terms of Insurance or Bond and Minimum
				Limits. Before any class E-LC certificate can be issued and before any motor
				carrier operations can be conducted thereunder, the class E-LC motor carrier
				must procure a cargo insurance policy or cargo surety bond and file with the
				Department evidence of such insurance or bond on forms prescribed by the
				Department, such policy or bond being conditioned upon such carrier making
				compensation to shippers or consignees for loss of or damage to all property
				belonging to shippers or consignees which comes into the possession of such
				carrier in connection with its transportation service within South Carolina,
				regardless of whether the policy or bond specifically describes the motor
				vehicle or not. Within the limits of liability herein after set forth, it is
				further required that no condition, provision, stipulation, or limitation
				contained in the policy or bond or in any endorsement thereon or violation
				thereof, shall affect in any way the right of any shipper or consignee, or
				relieve the insurance or bonding company from liability for the payment of any
				claim for which the insured may be held legally liable to compensate shippers
				or consignees, irrespective of the financial responsibility or lack thereof or
				insolvency or bankruptcy of the insured. Moreover, the liability of the
				insurance or bonding company extends to such losses or damages whether
				occurring on the route or in the territory authorized to be served by the
				insured or elsewhere in South Carolina. Furthermore, the liability of the
				insurance or bonding company for the following minimum limits shall be a
				continuing one notwithstanding any recovery hereunder:
1.
For loss of or damage to property carried on any
								one motor vehicle....................................................
$2,500.00
2.
For loss of or damage to or aggregate of losses or
								damages of or to property occurring at any one time and place......
$5,000.00
2.
				Carriers of Extremely Low Valued Commodities Excepted. Motor carriers who
				possess authority to haul only commodities of extremely low value are not
				required to comply with the provisions of this rule. For the purposes of this
				rule the following commodities are deemed to be of extremely low value: sand,
				gravel, dirt, fill dirt, rocks, hot and cold mix asphalt, manure, wood chips,
				coal, garbage, debris, charcoal, borrow, coquina shells, and scrap metal, and
				any other commodities as determined by the Department.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 6 - INSURANCE POLICIES AND SURETY BONDS › Section 38-416 - Filing Evidence of Cargo Insurance or Surety Bond

Current through Register Vol. 48, No. 6, June 28, 2024
1. Evidence of Cargo Insurance Filed on Form
				H. Evidence of cargo insurance will be filed on Form H, "Uniform Motor Carrier
				Cargo Certificate of Insurance." (See Form H in 38-447 Appendix). The policy or
				a copy thereof will not be accepted for filing in lieu of Form H.
2. Form I Must Be Attached to Cargo Policy.
				The "Uniform Motor Carrier Cargo Insurance Endorsement," Form I (See Form I in
				38-447 Appendix), must be attached to the cargo insurance policy itself. Form I
				thereby amends the terms of such policy to conform with requirements not less
				than those expressed in 38-415 and with other applicable provisions of these
				rules.
3. Evidence of Surety Bond
				Filed on Form J. Evidence of cargo surety bond will be filed on Form J,
				"Uniform Motor Carrier Cargo Surety Bond" (See Form J in 38-447 Appendix),
				which insures compliance with the terms of 38-415 and with other applicable
				provisions of these rules.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 6 - INSURANCE POLICIES AND SURETY BONDS › Section 38-417 - Revocation of Certificate

Current through Register Vol. 48, No. 6, June 28, 2024
Either a failure to file evidence of insurance or surety bond
				  or failure to keep all insurance or bonds in full force and effect shall be
				  just cause for the Department, without further evidence or hearing, to cancel
				  or revoke the certificate issued to the motor carrier.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 6 - INSURANCE POLICIES AND SURETY BONDS › Section 38-418 - Cancellation of Insurance or Surety Bond

Current through Register Vol. 48, No. 6, June 28, 2024
1. Thirty (30) Days Notice Required. Any
				insurance company, surety bond company, or motor carrier which desires to
				cancel a policy or bond issued to a motor carrier subject to these rules can do
				so only after giving this Department not less than thirty (30) days notice. The
				thirty (30) days will begin to run once the notice is received in the
				Department's offices. However, new filings on behalf of a carrier by a
				different insurance company will nullify any filings by a previous insurance
				company and will not require a thirty day notice filing by the previous
				insurance company.
2. Form K or
				Form L Used to Give Notice of Cancellation. Notification of cancellation will
				be made on forms prescribed by the Department. Form K, "Uniform Notice of
				Cancellation of Motor Carrier Insurance Policies" (See Form K in 38-447
				Appendix), will be used to notify the Department of cancellation of an
				insurance policy, and Form L, "Uniform Notice of Cancellation of Motor Carrier
				Surety Bonds" (See Form L in 38-447 Appendix), will be used to notify the
				Department of cancellation of a surety bond.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 6 - INSURANCE POLICIES AND SURETY BONDS › Section 38-419 - Name of Insured

Current through Register Vol. 48, No. 6, June 28, 2024
Certificates of insurance and surety bonds shall be issued in
				  the full and correct name, as that name appears on the application or
				  certificate of the motor carrier.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 6 - INSURANCE POLICIES AND SURETY BONDS › Section 38-420 - Number of Copies Required

Current through Register Vol. 48, No. 6, June 28, 2024
Certificates of insurance, notices of cancellation, and
				  surety bonds must be filed with the Department in triplicate.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 6 - INSURANCE POLICIES AND SURETY BONDS › Section 38-421 - Coverage to Be Continuous

Current through Register Vol. 48, No. 6, June 28, 2024
Surety bonds and certificates of insurance shall specify that
				  coverage thereunder will remain in effect continuously until
				  terminated.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 6 - INSURANCE POLICIES AND SURETY BONDS › Section 38-422 - Department to Prescribe Forms

Current through Register Vol. 48, No. 6, June 28, 2024
Endorsements for policies of insurance and surety bonds,
				  certificates of insurance, and notices of cancellation will be in the form
				  prescribed and approved by the Department.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 7 - MOTOR CARRIER SAFETY REGULATIONS › Section 38-423 - Definition

Current through Register Vol. 48, No. 6, June 28, 2024
As used in this subarticle:
(1) The term "motor carrier" means every
				corporation or person, their lessees, trustees, or receivers, owning,
				controlling, operating, or managing any motor propelled vehicle used in
				transporting persons or property over any improved public highway in this
				State, whether or not for compensation as defined by Section
				58-23-30,
				and includes but is not limited to, motor vehicle carriers as defined in
				Section
				58-23-10
				and private carriers.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 7 - MOTOR CARRIER SAFETY REGULATIONS › Section 38-424 - Safety Rules and Regulations

Current through Register Vol. 48, No. 6, June 28, 2024
The rules and regulations adopted by the United States
				  Department of Transportation relating to safety of operation and to equipment
				  (49 CFR Parts 382, 383, 385, 387, and 390-399 and amendments thereto), and the
				  rules and regulations adopted by the United States Department of Transportation
				  relating to hazardous materials (49 CFR Parts 107 and 171-180 and amendments
				  thereto) shall apply to all motor carrier vehicles engaged in interstate
				  commerce and intrastate commerce over the highways within the State of South
				  Carolina, whether common carriers, contract carriers, exempt carriers, or
				  private carriers, except where these aforementioned rules and regulations may
				  conflict with South Carolina Law, provided that any rule or regulation which
				  fixes the minimum age of vehicle drivers at 21 years is hereby changed insofar
				  as South Carolina intrastate carriers are concerned to establish a minimum age
				  of 18 years for vehicle drivers.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 7 - MOTOR CARRIER SAFETY REGULATIONS › Section 38-425 - Current Copies of Rules Must Be Maintained

Current through Register Vol. 48, No. 6, June 28, 2024
A current copy of the Motor Carrier Safety Regulations must
				  be maintained by a certificated carrier in its principal office in South
				  Carolina. If the carrier is engaged in the hauling of hazardous materials, 49
				  CFR Parts 171.180.500 must be maintained as well. Copies of these regulations
				  may be obtained from the Superintendent of Documents, U.S. Government Printing
				  Office, Washington, D. C. 20402.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 7 - MOTOR CARRIER SAFETY REGULATIONS › Section 38-426 - Failure to Meet Safety Standards

Current through Register Vol. 48, No. 6, June 28, 2024
The repeated failure of a for-hire motor carrier to operate
				  equipment or employ drivers who meet minimum safety standards as defined in 49
				  CFR parts 390-399 and 49 CFR parts 171 - 180.500, shall be just cause for the
				  Department to revoke any Certificate of Compliance issued to such Motor
				  Carrier.
The Department has authority to place violators out of
				  service in the interest of Public Safety pursuant to 38-424.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 7 - MOTOR CARRIER SAFETY REGULATIONS › Section 38-427 - Inspection of Records, Vehicles and Equipment

Current through Register Vol. 48, No. 6, June 28, 2024
Auditors, accountants, officers, examiners, and other agents
				  of the Department shall, upon display of proper credentials after demand, be
				  permitted by any motor carrier as defined in S.C. Code Ann. Section
				  58-23-1110
				  to examine and copy the books, records, accounts, bills of lading, load sheets,
				  manifests, correspondence, and other records of such motor carrier relating to
				  the transportation of property or passengers and to examine the vehicles, loads
				  thereon, terminals, buildings, and other equipment and facilities used by such
				  motor carrier in such transportation business; and all such motor carriers
				  shall instruct their drivers, agents, and employees in charge of such records,
				  equipment and facilities to cooperate in the event of such examination as
				  necessary to insure compliance with R.38-424.
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 38-429 - Participation by States

Current through Register Vol. 48, No. 6, June 28, 2024
1. An
				eligible state may participate in the single state registration system and
				cease participation only with proper notice. If an eligible state wishes to
				change its status concerning participation, the eligible state must publish
				notice of its intentions and give written notice to all other participating
				states by the 1st day of July of the year preceding the registration year in
				which it will either begin or cease participation.
a. When an eligible state has notified other
				participating states that it desires to participate, the participating states
				will notify all motor carriers whose principal place of business is located in
				that state of the intention of the eligible state to register motor carriers.
				The motor carrier may then select the new participating state as its
				registration state if its principal place of business is located in that state.
				The motor carrier will notify the prior registration state as required in
				Section IV.
b. When a participating
				state ceases its participation in this program and notifies all parties, the
				motor carrier shall select its new registration state and notify that state in
				accordance with Section IV.
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 38-431 - Proof of Insurance

Current through Register Vol. 48, No. 6, June 28, 2024
1. The
				applicant shall cause to be filed and maintained only in the registration
				state, proof of public liability insurance in accordance with the forms and
				procedures specified herein. No other notices or filings shall be required of a
				motor carrier holding authority granted by the Department with respect to
				insurance under these procedures other than in the registration state. These
				procedures do not preclude any state from requiring any other proof of
				insurance for other authority not covered by this program that may be granted
				or required to be registered in a state.
2. Proof of public liability or surety bond
				must be filed for an insurance company that is authorized to do business in any
				state and is eligible as an excess or surplus lines insurer in any state in
				which business is written. States will be able to obtain sufficient information
				from the Department to verify eligible insurance companies.
3. Insurance Forms Required to be used when
				applicable for the Single State Registration System are as follows:
a. Form BMC 91- Uniform Motor Carrier Bodily
				Injury and Property Damage Certificate of Insurance.
b. Form BMC 91X - Motor Carrier Automobile
				Bodily Injury Liability and Property Damage Liability.
c. Form BMC 91MX - Motor Carrier Surety
				Bonds.
d. Form BMC or MCS 90 -
				Endorsement for Motor Carrier Policies of Insurance for Public Liability (to be
				attached to the motor carrier's policy).
e. Form MCS 82 - Motor Carrier Public
				Liability Surety Bond.
f. Form BMC
				35 - Notice of Cancellation Motor Carrier Policies of Insurance.
g. Form BMC 36 - Notice of Cancellation Motor
				Carrier Surety Bonds.
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 38-435 - Acquisition of FHWA Authority After Holding Exempt Authority

Current through Register Vol. 48, No. 6, June 28, 2024
1. If a motor carrier transporting interstate
				commodities exempt from registration with the FHWA received authority from the
				FHWA to transport regulated commodities in interstate commerce, the motor
				carrier must select its registration state and complete the registration
				process as required under these procedures and as follows:
2. If FHWA authority is received and the
				motor carrier intends to operate prior to January 1, 1994, the motor carrier
				will be required to comply (including payment of renewal fees) in the exact
				manner as all other FHWA authorized carriers for the registration period
				beginning January 1, 1994, in accordance with these procedures.
3. If FHWA authority is received after
				January 1, 1994, the fees for this program will be waived if those fees were
				previously paid to the states in the calendar year 1994 for each vehicle. The
				motor carrier shall include a statement with the registration form that the
				number of vehicles and the amount of fees paid as indicated on the fee listing
				attached to the registration form were the amounts paid to the states under the
				bingo stamp program. A registration receipt will be issued for those vehicles
				and those states of travel.
4. If
				the motor carrier desires to add additional states of travel or additional
				equipment, a supplemental registration form shall be completed. A supplemental
				registration receipt will be issued in accordance with the requirements set
				forth in Section VIII, L.
5. The
				registration state will at the monthly reporting period, indicate to other
				states the no-fee issuance of the receipt. If it has been determined that the
				motor carrier indicated on its fee schedule a number of vehicles and fees paid
				at a level greater than fees previously paid to the state, the state will
				notify the registration state of the deficiency and the need for the
				registration state to collect additional fees.
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 38-436 - Violations

Current through Register Vol. 48, No. 6, June 28, 2024
1. Failure to carry
				RS-3 Receipt. Any person who or corporation which operates a motor vehicle in
				interstate commerce on any highway in South Carolina and fails to carry the
				RS-3 Receipt as required by this subarticle, is guilty of a misdemeanor under
				Sections
				58-23-80 and
				58-23-1120
				of the Code of Laws of South Carolina, 1976, and upon conviction thereof, is
				punishable as provided therein.
2.
				Failure to comply with other rules. Any person who or corporation which
				operates a motor vehicle in interstate commerce on any highway of South
				Carolina subject to this subarticle and fails to comply with these rules and
				regulations, or commits any other offense punishable by the Department, shall
				be subject to suspension or revocation of operating authority within this
				State, as well as the provisions of Regulation 38-436(1).
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 9 - REGISTRATION OF OPERATIONS BY FOR-HIRE INTERSTATE MOTOR CARRIERS OF PROPERTY EXEMPT FROM ECONOMIC REGULATION BY THE FEDERAL HIGHWAY ADMINISTRATION › Section 38-437 - Definitions

Current through Register Vol. 48, No. 6, June 28, 2024
The following letters and words, when used in these
				  regulations, shall have the following meanings:
1. Driveaway Operations. The words "driveaway
				operations" shall mean an operation in which any vehicle or vehicles, operated
				singly or in lawful combinations, new or used, not owned by the transporting
				motor carrier, constitute the commodity being transported.
2. FHWA. The letters "FHWA" shall mean the
				Federal Highway Administration.
3.
				Motor Carrier. The words "motor carrier" shall mean a motor carrier of property
				or passengers for compensation engaged in interstate or foreign commerce when
				its operation is exempt from economic regulations by the Federal Highway
				Administration under the Interstate Commerce Act, as amended.
4. NARUC. The letters "NARUC" shall mean the
				National Association of Regulatory Utility Commissioners, whose address is P.
				O. Box 684, Washington, D.C. 20044.
5. State. The word "State" shall mean the
				South Carolina Department of Public Safety.
6. Vehicle. The word "vehicle" shall mean a
				self-propelled or motor driven vehicle operated by a motor carrier used for
				transportation of property.
7.
				Within the Borders. The words "within the borders" shall mean such operations
				shall be deemed to include interstate or foreign operations to, from, within or
				traversing the State of South Carolina.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 9 - REGISTRATION OF OPERATIONS BY FOR-HIRE INTERSTATE MOTOR CARRIERS OF PROPERTY EXEMPT FROM ECONOMIC REGULATION BY THE FEDERAL HIGHWAY ADMINISTRATION › Section 38-438 - Registration of Motor Carrier Operations Exempt from Economic Regulation of FHWA

Current through Register Vol. 48, No. 6, June 28, 2024
A motor carrier shall not operate within the borders of South
				  Carolina until there shall have been filed with and approved by the Department
				  an application for the registration of such operation as prescribed by the
				  provisions of this subarticle, and there shall have been a compliance with all
				  other requirements of this subarticle. A change of operation shall be reported
				  by the filing of a supplemental application.
1. Form and Execution of Application. The
				application for the registration of such operation, and any supplemental
				application to report any change in operation, shall be in the form set forth
				in Form A-1. (See Form A-1 in 38-447 Appendix.) The application shall be duly
				completed and executed by an official of the motor carrier.
2. Initial Registration. The application
				shall be filed in duplicate with the Department. The original shall be retained
				by the Department, and the duplicate shall be returned to the motor carrier
				when the application is approved. The application shall be accompanied by a fee
				in the amount of $25.00. Such fee shall be in the form of certified check,
				cashier's check, or money order and shall be made payable to the South Carolina
				Department of Public Safety.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 9 - REGISTRATION OF OPERATIONS BY FOR-HIRE INTERSTATE MOTOR CARRIERS OF PROPERTY EXEMPT FROM ECONOMIC REGULATION BY THE FEDERAL HIGHWAY ADMINISTRATION › Section 38-439 - Designation of Process Agent

Current through Register Vol. 48, No. 6, June 28, 2024
1.
				Designation Required Before Operating. A motor carrier shall not operate within
				the borders of South Carolina until there shall have been filed with and
				accepted by the Department a currently effective designation of a local agent
				for service of process.
2. Filing
				Designation. The motor carrier shall file such designation of a local agent for
				service of process with the Department by showing the name and address of such
				agent on Form A-1, or by furnishing the Department with a true copy of the
				designation of such agent filed with the FHWA.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 9 - REGISTRATION OF OPERATIONS BY FOR-HIRE INTERSTATE MOTOR CARRIERS OF PROPERTY EXEMPT FROM ECONOMIC REGULATION BY THE FEDERAL HIGHWAY ADMINISTRATION › Section 38-440 - Registration and Identification of Vehicles

Current through Register Vol. 48, No. 6, June 28, 2024
1. When Registration and Identification
				Required. A motor carrier shall not operate a vehicle or engage in driveaway
				operations within the borders of South Carolina until the vehicle or driveaway
				operations shall have been registered and identified with the Department in
				accordance with the provisions of this rule, and there shall have been a
				compliance with all other requirements of this subarticle.
2. Registration and Identification. At the
				time of filing Form A-1, and on or before the thirty-first day of January each
				calendar year, but not earlier than the preceding first day of November, such
				motor carrier shall apply to the Department for the issuance of an
				identification stamp or stamps for the registration and identification of the
				vehicle or vehicles which it intends to operate, or driveaway operations which
				it intends to conduct, within the borders of South Carolina. The motor carrier
				may apply for such number of stamps as is sufficient to cover its vehicles or
				driveaway operations which it anticipates will be placed in operation or
				conducted during the period the stamps are effective. The motor carrier may
				thereafter file one or more supplemental applications for additional stamps if
				the need therefor arises or is anticipated.
3. Identification Stamps.
a. The application for the issuance of such
				identification stamps shall be in the form set forth in Form B-1. (See Form B-1
				in 38-447 Appendix.) The application shall be duly completed and executed by an
				official of the motor carrier, and shall be accompanied by a fee of $5.00 for
				each identification stamp requested.
b. If the Department determines that the
				motor carrier has complied with all applicable provisions of these regulations,
				the Department will issue to the motor carrier the number of identification
				stamps requested.
c. The
				identification stamp issued under the provisions of this rule by the Department
				shall bear its initials, and an expiration date of the first day of February in
				the succeeding calendar year. It shall be in the shape of a square, one inch
				wide and one inch in height.
d. An
				identification stamp issued under the provisions of this rule shall be used for
				the purpose of identifying a vehicle or driveaway operations as being operated
				or conducted by a motor carrier, and shall not be used for the purpose of
				distinguishing between the vehicles operated by the same motor carrier. A motor
				carrier receiving an identification stamp under the provisions of this
				subarticle shall not knowingly permit the use of same by any other person or
				organization.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 9 - REGISTRATION OF OPERATIONS BY FOR-HIRE INTERSTATE MOTOR CARRIERS OF PROPERTY EXEMPT FROM ECONOMIC REGULATION BY THE FEDERAL HIGHWAY ADMINISTRATION › Section 38-441 - Evidence of Liability Security

Current through Register Vol. 48, No. 6, June 28, 2024
1.
				When Liability Security Required. A motor carrier shall not operate within the
				borders of South Carolina until there shall have been filed with and accepted
				by the Department a currently effective certificate of insurance or surety bond
				evidencing bodily injury and property damage liability security with limits not
				less than those provided for in 38-414, and there shall have been a compliance
				with all other requirements of this subarticle.
2. Form and Execution of Certificate and
				Endorsement. The certificate of insurance shall state that the insurer has
				issued to such motor carrier a policy of insurance which by endorsement
				provides automobile bodily injury and property damage liability insurance
				covering the obligations imposed upon such motor carrier by the provisions of
				the law of this State and the rules and regulations of the Department. The
				certificate shall be in the form set forth in Form E. (See Form E in 38-447
				Appendix.) The certificate shall be duly completed and executed by such
				insurer.
3. Evidence of Surety
				Bond. Motor carriers who post bond in lieu of insurance shall not engage in
				interstate commerce within the borders of this State unless and until such
				carriers have filed with and had accepted by this Department a surety bond in
				the form set forth in Form G. (See Form G in 38-447 Appendix.) The bond shall
				be duly completed and executed by the surety and principal.
4. Cargo Insurance Not Required. Motor
				carriers operating in South Carolina pursuant to this subarticle are not
				required to file evidence of cargo insurance.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 9 - REGISTRATION OF OPERATIONS BY FOR-HIRE INTERSTATE MOTOR CARRIERS OF PROPERTY EXEMPT FROM ECONOMIC REGULATION BY THE FEDERAL HIGHWAY ADMINISTRATION › Section 38-442 - Notice of Security Cancellation

Current through Register Vol. 48, No. 6, June 28, 2024
1. Form and Execution of Notice of Insurance
				Cancellation. Notice of cancellation of insurance shall be accomplished by
				filing with the Department the form of notice set forth in Form K (See Form K
				in 38-447, Appendix). Insurance shall not be cancelled on less than thirty (30)
				days notice to the Department, said thirty (30) days to begin from the date
				Form K is received by the Department. The notice shall be duly completed and
				executed by the insurer or motor carrier.
2. Form and Execution of Notice of Surety
				Bond Cancellation. Notice of cancellation of a surety bond shall be
				accomplished by filing with the Department the form of notice set forth in Form
				L. (See Form L in 38-447, Appendix). The surety bond shall not be cancelled on
				less than thirty (30) days notice to the Department, said thirty (30) days to
				begin from the date Form L is received by the Department. The notice shall be
				duly completed and executed by the surety or motor carrier.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 9 - REGISTRATION OF OPERATIONS BY FOR-HIRE INTERSTATE MOTOR CARRIERS OF PROPERTY EXEMPT FROM ECONOMIC REGULATION BY THE FEDERAL HIGHWAY ADMINISTRATION › Section 38-443 - Miscellaneous

Current through Register Vol. 48, No. 6, June 28, 2024
1. NARUC to Supply
				Cab Card. In order to achieve complete uniformity in the reproduction of the
				Uniform Identification Cab Card, NARUC will reproduce and supply an adequate
				quantity of such form for use under the provisions of these regulations. No
				person or organization, other than NARUC, shall reproduce such form for use
				under the provisions of these regulations, and any such form reproduced by such
				an unauthorized person or organization is hereby declared null and
				void.
2. Manner of Preparing Forms.
				A typewriter or indelible ink shall be used in entering information in the
				blank spaces appearing on the forms prepared under the provisions of these
				regulations.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 9 - REGISTRATION OF OPERATIONS BY FOR-HIRE INTERSTATE MOTOR CARRIERS OF PROPERTY EXEMPT FROM ECONOMIC REGULATION BY THE FEDERAL HIGHWAY ADMINISTRATION › Section 38-444 - Violations

Current through Register Vol. 48, No. 6, June 28, 2024
1. Failure to Carry
				Stamp or Cab Card. Any person or corporation who or which operates a motor
				vehicle in interstate commerce on any highway in South Carolina and fails to
				carry the identification stamp and cab card as required by this subarticle, is
				guilty of a misdemeanor under Sections
				58-23-80 and
				58-23-1120
				of the Code of Laws of South Carolina, 1976, and, upon conviction thereof, is
				punishable as provided therein.
2.
				Failure to Comply with Other Rules. Any person or corporation who or which
				operates a motor vehicle in interstate commerce on any highway of South
				Carolina subject to this subarticle and fails to comply with these rules and
				regulations, or commits any other offense punishable by the Department, shall
				be subject to suspension or revocation of operating authority within this
				State, as well as the provisions of Regulation 38-444(1).
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 9 - REGISTRATION OF OPERATIONS BY FOR-HIRE INTERSTATE MOTOR CARRIERS OF PROPERTY EXEMPT FROM ECONOMIC REGULATION BY THE FEDERAL HIGHWAY ADMINISTRATION › Section 38-445 - Officers

Current through Register Vol. 48, No. 6, June 28, 2024
The Department, through officers duly appointed, will
				  investigate and report violations of the provisions of the Motor Vehicle
				  Carrier Law and the Department's Rules and Regulations.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 9 - REGISTRATION OF OPERATIONS BY FOR-HIRE INTERSTATE MOTOR CARRIERS OF PROPERTY EXEMPT FROM ECONOMIC REGULATION BY THE FEDERAL HIGHWAY ADMINISTRATION › Section 38-446 - Grounds for Revocation of Certificate

Current through Register Vol. 48, No. 6, June 28, 2024
The Department may at any time, after notice and opportunity
				  to be heard, suspend, revoke, alter, or amend any certificate, if it shall be
				  made to appear that the holder has willfully violated or refused to observe
				  orders rules, or regulations prescribed by the Department, provisions of the
				  Motor Carrier Law, or any other law of this State regulating motor carriers for
				  hire and applicable to the holder of such certificate.
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 10 - APPENDIX › Section 38-447 - Appendix of Forms

Current through Register Vol. 48, No. 6, June 28, 2024
FORM A-1 UNIFORM APPLICATION FOR REGISTRATION OF INTERSTATE
				  MOTOR CARRIER OPERATIONS EXEMPT FROM FHWA REGULATION
See
				  Image
See
				  Image
FORM B-1 UNIFORM APPLICATION FOR REGISTRATION AND
				  IDENTIFICATION OF VEHICLES OR DRIVEAWAY OPERATIONS EXEMPT FROM FHWA
				  REGULATION
See
				  Image
See
				  Image
FORM D-1 UNIFORM IDENTIFICATION CAB CARD FOR VEHICLE OR
				  DRIVEAWAY OPERATION EXEMPT FROM FHWA REGULATION OPERATING MOTOR CARRIER
See
				  Image
See
				  Image
FORM E UNIFORM MOTOR CARRIER BODILY INJURY AND PROPERTY
				  DAMAGE LIABILITY CERTIFICATE OF INSURANCE (Executed in triplicate)
See
				  Image
FORM F UNIFORM MOTOR CARRIER BODILY INJURY AND PROPERTY
				  DAMAGE LIABILITY INSURANCE ENDORSEMENT
See
				  Image
See
				  Image
FORM G UNIFORM MOTOR CARRIER BODILY INJURY AND PROPERTY
				  DAMAGE LIABILITY SURETY BOND (Executed in triplicate)
See
				  Image
See
				  Image
FORM H UNIFORM MOTOR CARRIER CARGO CERTIFICATE OF INSURANCE
				  (Executed in triplicate)
See
				  Image
See
				  Image
FORM I UNIFORM MOTOR CARRIER CARGO INSURANCE
				  ENDORSEMENT
See
				  Image
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FORM J UNIFORM MOTOR CARRIER CARGO SURETY BOND (Executed in
				  Triplicate)
See
				  Image
See
				  Image
FORM K UNIFORM NOTICE OF CANCELLATION OF MOTOR CARRIER
				  INSURANCE POLICIES (Executed in triplicate)
See
				  Image
See
				  Image
FORM L UNIFORM NOTICE OF CANCELLATION OF MOTOR CARRIER SURETY
				  BONDS (Executed in Triplicate)
See
				  Image
South Carolina Code of Regulations › Chapter 38 - DEPARTMENT OF PUBLIC SAFETY › Article 5 - STATE TRANSPORT POLICE REGULATIONS › Subarticle 11 - INTERNATIONAL FUEL TAX AGREEMENT (IFTA) REGULATIONS › Section 38-480 - Trip Permits

Current through Register Vol. 48, No. 6, June 28, 2024
The Department shall issue trip permits to motor carriers who
				  operate IFTA qualified motor vehicles but opt to operate without an IFTA
				  license or decal. This permit must be maintained in the vehicle to which it is
				  issued. The trip permit shall be effective for a ten (10) day period and cost
				  fifteen ($15.00) fifteen dollars per permit.