Current Status Bill Number:4623 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980212 Primary Sponsor:Townsend All Sponsors:Townsend, Stuart, Walker, Loftis and Stille Drafted Document Number:kgh\15415cm.98 Companion Bill Number:1039 Residing Body:House Current Committee:Education and Public Works Committee 21 HEPW Subject:Motor vehicles, trucks; provisions governing operation of intermodal trailer, chassis, or container
Body Date Action Description Com Leg Involved
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House 19980212 Introduced, read first time, 21 HEPW
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-5316 SO AS TO PROVIDE PROVISIONS TO GOVERN THE OPERATION OF AN INTERMODAL TRAILER, CHASSIS, OR CONTAINER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 56-5-5316. (A) A person shall not tender or interchange an intermodal trailer, chassis, or container to a motor carrier for use on any highway which is in violation of the requirements contained in the United States Department of Transportation Federal Motor Carrier Safety Regulations. A motor carrier shall not certify or guarantee to a person tendering or interchanging an intermodal trailer, chassis, or container to a motor carrier that the intermodal trailer, chassis, or container complies with the Federal Motor Carrier Safety Regulations unless the person tendering or interchanging the vehicle has provided the motor carrier with certification that the vehicle meets these requirements. The tenderer immediately must make available to the motor carrier adequate equipment, time, and facilities to make a full inspection, and the tenderer immediately must make any necessary repairs to the vehicle in order that it meet the requirements or immediately make available a replacement vehicle which meets the requirements before the tendering or interchange of the vehicle.
(B) Only special agents of the Department of Public Safety who have been given written permission by the State Ports Authority may enter upon and perform courtesy inspections of intermodal trailers, chassis, or containers at State Ports Authority intermodal terminals for purposes of identifying and tagging vehicles which may require mechanical work before tendering for use on public highways.
(C) When a motor carrier has been tendered an intermodal trailer, chassis, or container that violates the requirements of the Federal Motor Carrier Safety Regulations, the motor carrier tendered or interchanged the vehicle is not liable for civil or criminal penalties unless the violation is known or should have been known by the motor carrier, its driver, or representative.
(D) The Department of Public Safety shall maintain separate information on roadside vehicle inspection reports for power unit defects and for defects on any intermodal trailer, chassis, or container tendered to the motor carrier, and shall build and maintain a database to identify and monitor those entities whose responsibility it is to provide any intermodal trailer, chassis, or container to motor carriers in roadworthy conditions as prescribed by the Federal Motor Carrier Safety Regulations. Roadside vehicle inspection reports noting defects on any intermodal trailer, chassis, or container where there is not ownership by the motor carrier must not be used or applied against the motor carrier when this information may affect the motor carrier's overall record of compliance with the Federal Motor Carrier Safety Regulations.
(E) The Department of Public Safety shall promulgate such rules and regulations necessary for the enforcement of this section within six months of its enactment."
SECTION 2. This act takes effect upon approval by the Governor.