H 4623 Session 112 (1997-1998)
H 4623 General Bill, By Townsend, Loftis, Stille, Stuart and Walker
A BILL 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.
02/12/98 House Introduced and read first time HJ-3
02/12/98 House Referred to Committee on Education and Public
Works HJ-3
A BILL
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.
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