South Carolina Code of Regulations
Chapter 38 Department Of Public Safety

Article 1 Criminal Justice Academy

Subarticle 1 Law Enforcement Training

38-001. Authority of Deputy Director.

38-002. Application for Re-issuance of Certification.

38-003. Requirement of Good Character.

38-004. Denial of Certification for Misconduct.

38-005. Firearms Qualification Requirement.

38-006. Certification.

38-007. Training Requirements for Basic Law Enforcement Certification.

38-008. Equivalent Training.

38-009. Separation from Law Enforcement Employment.

38-010. Reserve Police.

38-011. Traffic Radar Operator.

38-012. Application for Re-certification.

38-013. Continuing Law Enforcement Education Requirements for Re-certification.

38-014. Approval of Continuing Law Enforcement Education Hours for Re-certification Requirements.

38-015. Extension of Certification Renewal Date.

38-016. Withdrawal of Certification of Law Enforcement Officers.

38-017. Reporting of Events Requiring Withdrawal of Certification.

38-018. Investigation of Events Requiring Withdrawal of Certification; Notification to Officer.

38-019. Notification of Withdrawal of Certification.

38-020. Confidentiality of Notification.

38-021. Law Enforcement Emergency Vehicle Training Requirement.

38-022. Law Enforcement Emergency Vehicle Training Programs.

38-023. Notification of Training Compliance.

38-024. Continuing Training Requirement.

38-025. Approval of Training Programs.

38-026. Equivalent Law Enforcement Emergency Vehicle Training.

38-027. Effect of Failure to Comply.

38-028. Definitions.

Subarticle 3 E-911 System

38-060. Definitions.

38-061. Minimum Requirements for E-911 Operator Enrollment in Training.

38-062. Training Requirements for Certification.

38-063. Break in Service after Certification.

38-064. Separation from Employment.

38-065. Cost of Training.

Article 3 Division of Motor Vehicles

Subarticle 1 Special License Plates

38-100. Motor Vehicles License Plates for Members of Congress of the United States.

38-101. Issuance and Use of Specially Designated Motor Vehicle License Plates for Members of the South Carolina General Assembly.

38-102. Special License Plates for Various State Officials.

Subarticle 3 Administration and Enforcement of the Financial Responsibility Act and Laws Regarding Motor Vehicle Registration and Financial Security

38-120. Insurance Certification Required for Vehicle Licensing.

38-121. Self-Insurers

Subarticle 5 Protective Helmets, Face Shields and Windscreens

38-150. Definitions.

38-151. Requirements for Approval.

38-152. Certification and Approval.

Subarticle 11 Required Stops at Railroad Crossings

38-240. Vehicles Required to Stop at Railroad Crossings.

Subarticle 13 Release of Licensing and Registration Information

38-250. Establishing an Account.

38-251. Department Invoicing Procedures.

38-252. Delinquent Accounts.

38-253. Closing Accounts.

Article 5 State Transport Police Regulations

Subarticle 1 Unmanufactured Forest Products Trucking Regulations

38-382. Controlled Substances and Alcohol Use and Testing.

Subpart A. General

38-382.101. Purpose.

38-382.103. Applicability.

38-382.105. Testing procedures.

38-382.107. Definitions.

38-382.109. Preemption of State and local laws.

38-382.111. Other requirements imposed by employers.

38-382.113. Requirement for notice.

38-382.115. Starting date for testing programs.

38-382.117. Public interest exclusion.

38-382.119. Stand-down waiver provision (Company must file waiver with FMCSA.).

38-382.121. Employee admission of alcohol and controlled substances use.

Subpart B. Prohibitions

38-382.201. Alcohol concentration.

38-382.205. On-duty use.

38-382.207. Pre-duty use.

38-382.209. Use following an accident.

38-382.211. Refusal to submit to a required alcohol or controlled substances test.

38-382.213. Controlled substances use.

38-382.215. Controlled substances testing.

Subpart C. Tests Required

38-382.301. Pre-employment testing.

38-382.303. Post-accident testing.

38-382.305. Random testing.

38-382.307. Reasonable suspicion testing.

38-382.309. Return-to-duty testing.

38-382.311. Follow-up testing.

Subpart D. Handling of Test Results, Records Retention, and Confidentiality

38-382.401. Retention of records.

38-382.403. Reporting of results in a management information system.

38-38-382.405. Access to facilities and records.

38-382.407. Medical review officer notifications to the employer.

38-382.409. Medical review officer record retention for controlled substances.

38-382.411. Employer notifications.

38-382.413. Inquiries for alcohol and controlled substances information from previous employers.

Subpart E. Consequences for Drivers Engaging in Substance Use-Related Conduct

38-382.501. Removal from safety-sensitive function.

38-382.503. Required evaluation and testing.

38-382.505. Other alcohol-related conduct.

38-382.507. Penalties.

Subpart F. Alochol Misuse and Controlled Substances Use Information, Training, and Referral

38-382.601. Employer obligation to promulgate a policy on the misuse of alcohol and use of controlled substances.

38-382.603. Training for supervisors.

38-382.605. Referral, evaluation, and treatment.

38-383. Commercial Driver's License Standards; Requirements and Penalties.

Subpart A. General

38-383.1. Purpose and scope.

38-383.3. Applicability.

38-383.5. Definitions.

38-383.7. Validity of CDL issued by decertified State.

Subpart B. Single License Requirement

38-383.21. Number of drivers' licenses.

38-383.23. Commercial driver's license.

Subpart C. Notification Requirement

38-383.31. Notification of convictions for driver violations.

38-383.33. Notification of driver's license suspensions.

38-383.35. Notification of previous employment.

38-383.37. Employer responsibilities.

Subpart D. Driver Disqualifications and Penalties

38-383.51. Disqualification of drivers.

38-383.53. Penalties.

Subpart E. Testing and Licensing Procedures

38-383.71. Driver application procedures.

38-383.72. Implied consent to alcohol testing.

38-383.73. State procedures.

38-383.75. Third party testing.

38-383.77. Substitute for driving skills tests.

Subpart F. Vehicle Groups and Endorsements

38-383.91. Commercial motor vehicle groups.

38-383.93. Endorsements.

38-383.95. Air brake restrictions.

Subpart G. Required Knowledge and Skills

38-383.110. General requirement.

38-383.111. Required knowledge.

38-383.113. Required skills.

38-383.115. Requirements for double/triple trailers endorsement.

38-383.117. Requirements for passenger endorsement.

38-383.119. Requirements for tank vehicle endorsement.

38-383.121. Requirements for hazardous materials endorsement.

Subpart H. Tests

38-383.131. Test procedures.

38-383.133. Testing methods.

38-383.135. Minimum passing scores.

Subpart I. Requirements for Transportation Security Administration Approval of Hazardous Materials

38-383.141. General.

Subpart J. Commercial Driver's License Document

38-383.151. General.

38-383.153. Information on the document and application.

38-383.155. Tamperproofing requirements.

38-390. General.

Subpart A. General Applicability and Definitions

38-390.1. Purpose.

38-390.3. General applicability.

38-390.5. Definitions.

38-390.7. Rules of construction.

Subpart A. General Requirements and Information

38-390.9. State and local laws, effect on.

38-390.11. Motor carrier to require observance of driver regulations.

38-390.13. Aiding or abetting violations.

38-390.15. Assistance in investigations and special studies.

38-390.17. Additional equipment and accessories.

38-390.21. Marking of commercial motor vehicles.

38-390.31. Copies or records or documents.

38-390.33. Commercial motor vehicles used for purposes other than defined.

38-390.37. Violation and penalty.

38-391. Qualifications of Drivers.

Subpart A. General

38-391.1. Scope of the rules in 38-382; additional qualifications; duties of carrier-drivers.

Subpart B. Qualification and Disqualification of Drivers

38-391.11. General Qualifications of drivers.

38-391.13. Responsibilities of drivers.

38-391.15. Disqualification of drivers.

Subpart C. Background and Character

38-391.21. Application for employment.

38-391.23. Investigation and inquiries.

38-391.25. Annual inquiry and review of driving record.

38-391.27. Record of violations.

Subpart D. Tests

38-391.31. Road test.

38-391.33. Equivalent of road test.

38-391.53. Driver Investigation History File.

38-392. Driving of Commercial Motor Vehicles.

Subpart A. General

38-392.1. Scope of the rules in 38-382.

38-392.2. Applicable operating rules.

38-392.3. Ill or fatigued operator.

38-392.4. Drugs and other substances.

38-392.5. Alcohol prohibition.

38-392.6. Schedules to conform with speed limits.

38-392.7. Equipment, inspection and use.

38-392.8. Emergency equipment, inspection and use.

38-392.9. Inspection of cargo, cargo securement devices and systems.

Subpart B. Driving of Commercial Motor Vehicles

38-392.10. Railroad grade crossings; stopping required.

38-392.11. Railroad grade crossings; slowing down required.

38-392.14. Hazardous conditions; extreme caution.

38-392.16. Use of seat belts.

Subpart C. Stopped Commercial Motor Vehicles

38-392.22. Emergency signals; stopped commercial motor vehicles.

38-392.24. Emergency signals; flame-producing.

38-392.25. Flame producing devices.

Subpart D. Use of Lighted Lamps and Reflectors

38-392.33. Obscured lamps or reflectors.

Subpart F. Fueling Precautions

38-392.50. Ignition of fuel; prevention.

38-392.51. Reserve fuel; materials of trade.

Subpart G. Prohibited Practices

38-392.60. Unauthorized persons not to be transported.

38-392.66. Carbon monoxide; use of commercial motor vehicle when detected.

38-392.67. Heater, flame-producing; on commercial motor vehicle in motion.

38-392.71. Radar detectors; use and/or possession.

38-393. Parts and Accessories Necessary for Safe Operation.

Subpart A. General

38-393.1. Scope of the rules of 38-382.

38-393.3. Additional equipment and accessories.

38-393.5. Definitions.

38-393.7. Matter incorporated by reference.

Subpart B. Lighting Devices, Reflectors, and Electrical Equipment

38-393.9. Lamps operable.

38-393.11. Lighting devices and reflectors.

38-393.13. Retroreflective sheeting and reflex reflectors, requirements for semitrailers and trailers manufactured before December 1, 1993.

38-393.19. Requirements for turn signaling systems.

38-393.20. Clearance lamps to indicate extreme width and height.

38-393.22. Combination of lighting devices and reflectors.

38-393.23. Lighting devices to be electric.

38-393.24. Requirements for head lamps and auxiliary road lighting lamps.

38-393.25. Requirements for lamps other than head lamps.

38-393.26. Requirements for reflectors.

38-393.27. Wiring specifications.

38-393.28. Wiring to be protected.

38-393.29. Grounds.

38-393.30. Battery installation.

38-393.31. Overload protective devices.

38-393.32. Detachable electrical connections.

38-393.33. Wiring, installation.

Subpart C. Brakes

38-393.40. Required brake systems.

38-393.41. Parking brake system.

38-393.42. Brakes required on all wheels.

38-393.43. Breakaway and emergency braking.

38-393.45. Brake tubing and hose, adequacy.

38-393.46. Brake tubing and hose connections.

38-393.47. Brake lining.

38-393.48. Brakes to be operative.

38-393.49. Single valve to operate all brakes.

38-393.50. Reservoirs required.

38-393.51. Warning devices and gauges.

38-393.52. Brake performance.

38-393.53. Automatic brake adjusters and brake adjustment indicators.

Subpart D. Glazing and Window Construction

38-393.60. Glazing in specified openings.

38-393.62. Window obstructions.

Subpart E. Fuel Systems

38-393.65. All fuel systems.

38-393.67. Liquid fuel tanks.

38-393.69. Liquefied petroleum gas systems.

Subpart F. Coupling Devices and Towing Methods

38-393.70. Coupling devices and towing methods, except for driveaway towaway operations.

38-393.71. Coupling devices and towing methods, driveaway towaway operations.

Subpart G. Miscellaneous Parts and Accessories

38-393.75. Tires.

38-393.76. Sleeper berths.

38-393.77. Heaters.

38-393.78. Windshield wipers.

38-393.79. Defrosting device.

38-393.80. Rear vision mirrors.

38-393.81. Horn.

38-393.82. Speedometer.

38-393.83. Exhaust systems.

38-393.84. Floors.

38-393.86. Rear end protection.

38-393.87. Flags on projecting loads.

38-393.88. Television receivers.

38-393.93. Seats, seat belt assemblies, and seat belt assembly anchorages.

Subpart H. Emergency Equipment

38-393.95. Emergency equipment on all power units.

Subpart I. Protection Against Shifting or Falling Cargo

38-393.100. Which types of commercial motor vehicles are subject to the cargo securement standards of this subpart, and what general requirements apply?

38-393.102. What are the minimum performance criteria for cargo securement devices and systems?

38-393.104. What standards must cargo securement devices and systems meet in order to satisfy the requirements of this subpart?

38-393.106. What are the general requirements for securing articles of cargo?

38-393.108. How is the working load limit of a tiedown determined?

38-393.110. What else do I have to do to determine the minimum number of tiedowns?

38-393.112. Must a tiedown be adjustable?

Specific Securement Requirements by Commodity Type

38-393.114. What are the requirements for front end structures used as part of a cargo securement system?

38-393.116. What are the rules for securing logs?

38-393.118. What are the rules for securing dressed lumber or similar building products?

38-393.128. What are the rules for securing automobiles, light trucks and vans?

38-393.130. What are the rules for securing heavy vehicles, equipment and machinery?

Subpart J. Frames, Cab and Body Components, Wheels, Steering, and Suspension Systems

38-393.201. Frames.

38-393.203. Cab and body components.

38-393.205. Wheels.

38-393.207. Suspension systems.

38-393.209. Steering wheel systems.

38-396. Inspection, Repair, and Maintenance.

38-396.1. Scope.

38-396.3. Inspection, repair, and maintenance.

38-396.5. Lubrication.

38-396.7. Unsafe operations forbidden.

38-396.9. Inspection of motor vehicles in operation.

38-396.17. Periodic inspection.

38-396.19. Inspector qualifications.

38-396.21. Periodic inspection recordkeeping requirements.

38-396.23. Equivalent to periodic inspection.

Subarticle 2 General

38-400. Authorization of Rules.

38-401. Application of Rules.

38-402. Definitions of Terms.

38-403. Regulated Carriers Must Maintain Copy of Motor Vehicle Carrier Law and Department's Rules and Regulations.

Subarticle 3 Classification of Motor Carriers

38-404. Class "E-LC" Motor Carrier--Certificate of Compliance.

38-405. Class "E-L" Motor Carrier--Certificate of Compliance.

38-406. Clarification of Sec. 58-23-620.

Subarticle 4 Exemptions From Regulation

38-407. Motor Carriers Exempt from Economic Regulations.

38-408. Occasional Trip Defined.

Subarticle 5 Application Procedures for Certificates

38-409. Applications Required.

38-410. Responsibility Fixed.

38-411. Marking or Identification of Vehicles.

Subarticle 6 Insurance Policies and Surety Bonds

38-412. Insurance Policy or Surety Bond Required.

38-413. Filing Evidence of Bodily Injury and Property Damage Insurance Policy or Surety Bond.

38-414. Schedule of Minimum Limits.

38-415. Cargo Insurance or Surety Bond Required of Motor Carrier.

38-416. Filing Evidence of Cargo Insurance or Surety Bond.

38-417. Revocation of Certificate

38-418. Cancellation of Insurance or Surety Bond.

38-419. Name of Insured.

38-420. Number of Copies Required.

38-421. Coverage to Be Continuous.

38-422. Department to Prescribe Forms.

Subarticle 7 Motor Carrier Safety Regulations

38-423. Definition.

38-424. Safety Rules and Regulations.

38-425. Current Copies of Rules Must Be Maintained.

38-426. Failure to Meet Safety Standards.

38-427. Inspection of Records, Vehicles and Equipment.

Subarticle 8 Single State, Registration System for Interstate Motor Carriers Operating for Hire

38-428. Definitions.

38-429. Participation by States.

38-430. Registration Process.

38-431. Proof of Insurance.

38-432. Registration Receipts.

38-433. Compliance.

38-434. Accounting.

38-435. Acquisition of FHWA Authority After Holding Exempt Authority.

38-436. Violations.

Subarticle 9 Registration of Operations by For-Hire Interstate Motor Carriers of Property Exempt from Economic Regulation by the Federal Highway Administration

38-437. Definitions.

38-438. Registration of Motor Carrier Operations Exempt from Economic Regulation of FHWA.

38-439. Designation of Process Agent.

38-440. Registration and Identification of Vehicles.

38-441. Evidence of Liability Security.

38-442. Notice of Security Cancellation.

38-443. Miscellaneous.

38-444. Violations.

38-445. Officers.

38-446. Grounds for Revocation of Certificate.

Subarticle 10 Appendix

38-447. Appendix of forms

Subarticle 11 International Fuel Tax Agreement (IFTA) Regulations

38-480. Trip Permits.

38-481. Reciprocal Agreements with Foreign Jurisdictions.

38-482. Posting of Bond When Tax Payment Past Due.

Subarticle 12 International Registration Plan (IRP) Regulations

38-500. Seventy-Two Hour Trip Permits.

38-501. Late Fine Charges.

38-502. Temporary Authorities or Permits.

38-503. Renewal Applications.

Article 7 Highway Patrol

Subarticle 1 Wrecker Regulations

38-600. Regulation of Wrecker Services.

Subarticle 3 Window Tinting

38-621. Installer to Apply Non-Transferrable Approval Certificate.

Article 9 In-Car Camera Videotaping Equipment

38-900. Definitions

38-901. Installation and Maintenance of Videotaping Equipment in Traffic Enforcement Vehicles.

38-902. Inventory of Videotaping Equipment.

Article 11 Contact Information From Traffic Stops

38-1000. Contact Information From Traffic Stops.




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