H*3932 Session 108 (1989-1990)
H*3932(Rat #0230, Act #0151 of 1989) General Bill, By R.L. Altman
A Bill to amend Chapter 1, Title 56, Code of Laws of South Carolina, 1976, by
adding Article 13 so as to enact the South Carolina Commercial Driver License
Act.
04/13/89 House Introduced and read first time HJ-35
04/13/89 House Referred to Committee on Education and Public
Works HJ-35
04/27/89 House Committee report: Favorable with amendment
Education and Public Works HJ-1
05/11/89 House Amended HJ-27
05/11/89 House Read second time HJ-29
05/11/89 House Unanimous consent for third reading on next
legislative day HJ-29
05/12/89 House Read third time and sent to Senate
05/16/89 Senate Introduced and read first time SJ-10
05/16/89 Senate Referred to Committee on Transportation SJ-10
05/24/89 Senate Committee report: Favorable Transportation SJ-39
05/26/89 Senate Read second time SJ-16
05/26/89 Senate Ordered to third reading with notice of
amendments SJ-16
06/01/89 Senate Read third time and enrolled SJ-10
06/02/89 Ratified R 230
06/08/89 Signed By Governor
06/08/89 Effective date 06/08/89
06/08/89 Act No. 151
06/15/89 Copies available
(A151, R230, H3932)
AN ACT TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY
ADDING ARTICLE 13 SO AS TO ENACT THE SOUTH CAROLINA COMMERCIAL DRIVER LICENSE
ACT.
Be it enacted by the General Assembly of the State of South Carolina:
Purpose
SECTION 1. The purpose of this article is to implement the federal Commercial
Motor Vehicle Safety Act of 1986 (CMVSA) (Title XII of Public Law 99-570) and
reduce or prevent commercial motor vehicle accidents, fatalities, and injuries
by:
(1) permitting drivers to hold only one license;
(2) disqualifying drivers for certain criminal offenses and serious traffic
violations; and
(3) strengthening licensing and testing standards.
South Carolina Commercial Driver License Act
SECTION 2. Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Article 13
South Carolina Commercial Driver License Act
Section 56-1-2010. This article may be cited as the South Carolina Commercial
Driver License Act.
Section 56-1-2020. This article is a remedial law and must be construed
liberally to promote the public health, safety, and welfare. To the extent that
this article conflicts with general driver licensing provisions, this article
prevails. Where this article is silent, the general driver licensing provisions
apply.
Section 56-1-2030. As used in this article:
(1) 'Alcohol' means a substance containing any form of alcohol including, but
not limited to, ethanol, methanol, propanol, and isopropanol.
(2) 'Alcohol concentration' means:
(a) the number of grams of alcohol for each one hundred milliliters of
blood; or
(b) as determined by the South Carolina Law Enforcement Division for other
bodily fluids.
(3) 'Commercial driver license' means a license issued in accordance with the
requirements of the Commercial Motor Vehicle Safety Act of 1986 (Title XII of
Public Law 99-570) to an individual which authorizes the individual to drive a
class of commercial motor vehicle.
(4) 'Commercial Driver License Information System' means the information
system established pursuant to the Commercial Motor Vehicle Safety Act of 1986
to serve as a clearinghouse for locating information related to the licensing and
identification of commercial motor vehicle drivers.
(5) 'Commercial driver instruction permit' means a permit issued pursuant to
Section 8(d) of this article.
(6) 'Commercial motor vehicle' means a motor vehicle designed or used to
transport passengers or property if:
(a) the vehicle has a gross vehicle weight rating of twenty-six thousand one
or more pounds;
(b) the vehicle is designed to transport sixteen or more persons, including
the driver; or
(c) the vehicle is transporting hazardous materials and is required to be
placarded in accordance with 49 C.F.R. part 172, subpart F.
(7) 'CMVSA' means the Commercial Motor Vehicle Safety Act of 1986 (Title XII
of Public Law 99-570).
(8) 'Controlled substance' means a substance so classified under Section
102(6) of the Controlled Substances Act (21 U.S.C. 802(6)) listed on Schedules
I through V of 21 C.F.R. part 1308, as revised from time to time.
(9) 'Conviction' means an unvacated adjudication of guilty, or a determination
that a person has violated or failed to comply with the law in a court of
original jurisdiction or an authorized administrative tribunal, an unvacated
forfeiture of bail or collateral deposited to secure the person's appearance in
court, the payment of a fine or court cost, or violation of a condition of
release without bail, regardless of whether or not the penalty is rebated,
suspended, or probated.
(10) 'Disqualification' means a withdrawal of the privilege to drive a
commercial motor vehicle.
(11) 'Drive' means to drive, operate, or be in physical control of a motor
vehicle.
(12) 'Driver' means a person who drives a commercial motor vehicle, or who is
required to hold a commercial driver license.
(13) 'Driver license' means a license issued to an individual which authorizes
the individual to drive a motor vehicle.
(14) 'Employer' means a person, including the United States, a state, or a
political subdivision of a state who owns or leases a commercial motor vehicle
or assigns a person to drive a commercial motor vehicle.
(15) 'Endorsement' means a special authorization to drive certain types of
vehicles or to transport certain types of property or a certain number of
passengers.
(16) 'Felony' means an offense under state or federal law that is punishable
by death or imprisonment for more than one year.
(17) 'Foreign jurisdiction' means a jurisdiction other than a state of the
United States.
(18) 'Gross vehicle weight rating' means the actual weight or the value
specified by the manufacturer as the maximum loaded weight of a single or a
combination vehicle or the registered gross weight, whichever is greater. The
gross vehicle weight rating of a combination vehicle (commonly referred to as the
'gross combination weight rating') is the gross vehicle weight rating of the
power unit plus the gross vehicle weight rating of a towed unit.
(19) 'Hazardous materials' has the meaning as that found in Section 103 of the
Hazardous Materials Transportation Act (49 U.S.C. 1801, et seq.).
(20) 'Motor vehicle' means every vehicle which is self-propelled and every
vehicle which is propelled by electric power obtained from overhead trolley wires
but not operated upon rails, except a vehicle moved solely by human power and
motorized wheelchairs.
(21) 'Out of service order' means a temporary prohibition against driving a
commercial motor vehicle.
(22) 'Recreational vehicle' means a self-propelled or towed vehicle that is
equipped to serve as temporary living quarters for recreational, camping, or
travel purposes and is used solely as a family/personal conveyance.
(23) 'Restriction' means a prohibition against driving certain types of
vehicles or a requirement that the driver comply with certain conditions when
driving a motor vehicle.
(24) 'Serious traffic violation' means a conviction when operating a commercial
motor vehicle of:
(a) excessive speeding, involving a single charge for a speed fifteen miles
an hour or more above the speed limit;
(b) reckless, careless, or negligent driving, including charges of driving
a commercial motor vehicle in a wilful or wanton disregard for the safety of
persons or property;
(c) improper or erratic traffic lane changes;
(d) following the vehicle ahead too closely; or
(e) a violation of a state or local law related to motor vehicle traffic
control, other than a parking violation, arising in connection with an accident
or collision resulting in death or serious bodily injury to a person.
(25) 'State' means a state or territory of the United States and the District
of Columbia and the federal government and a province or territory of Canada.
(26) 'Tank vehicle' means a vehicle that is designed to transport a liquid or
gaseous material within a tank that either is attached permanently or temporarily
to the vehicle and which has a capacity of one thousand gallons or more.
(27) 'United States' means the fifty states and the District of Columbia.
Section 56-1-2040. No person who drives a commercial motor vehicle may have
more than one driver's license except during the ten-day period beginning on the
date the person is issued a driver's license.
Section 56-1-2050. (A) Notification of Convictions.
(1) A driver holding a commercial driver license issued by this State, who
is convicted of violating a state law or local ordinance relating to motor
vehicle traffic control in any other state, other than a parking violation, shall
notify the department in the manner specified by the department within thirty
days of conviction.
(2) A driver holding a commercial driver license issued by this State, who
is convicted of violating a state law or local ordinance relating to motor
vehicle traffic control in this or any other state, other than a parking
violation, shall notify his employer in writing of the conviction within thirty
days of the conviction.
(B) A driver whose commercial driver license is suspended, revoked, or
cancelled by a state, or who loses the privilege to drive a commercial motor
vehicle in any state for any period, including being disqualified from driving
a commercial motor vehicle, or who is subject to an out of service order, shall
notify his employer of that fact before the end of the business day following the
day the driver received notice of that fact.
(C) A person who applies to be a commercial motor vehicle driver shall provide
the employer, at the time of the application, with the following information for
the ten years preceding the date of application:
(1) a list of the names and addresses of the applicant's previous employers
for which the applicant was a driver of a commercial motor vehicle;
(2) the dates between which the applicant drove for each employer;
(3) the reason for leaving that employer;
(4) any additional information required by the employer;
(5) certification that all information furnished is true and complete.
Section 56-1-2060. (A) Each employer shall require the information specified
in Section 56-1-2050(C).
(B) No employer knowingly may allow, permit, or authorize a driver to drive
a commercial motor vehicle during a period in which:
(1) the driver's commercial driver license is suspended, revoked, or
cancelled by a state, has lost the privilege to drive a commercial motor vehicle
in a state, is disqualified from driving a commercial motor vehicle, or is
subject to an out of service order in a state; or
(2) the driver has more than one driver's license, except during the ten-day
period beginning on the date the employee is issued a driver's license.
Section 56-1-2070. (A) Except as provided in subsection (B) or when driving
under a commercial driver instruction permit and accompanied by the holder of a
commercial driver license valid for the vehicle being driven, no person may drive
a commercial motor vehicle on the highways of this State after April 2, 1992,
unless the person has been issued, and is in immediate possession of, a valid
commercial driver license and applicable endorsements valid for the vehicle which
the person is driving.
(B) The following persons may operate commercial motor vehicles without a
commercial driver's license:
(1) active duty military personnel and reservists and National Guard members
who are on active duty while operating vehicles owned by the United States
government, unless they are required by the owner of the vehicle to have a valid
state driver's license;
(2) operators of a farm vehicle which is:
(a) controlled and operated by a farmer;
(b) used to transport agricultural products, farm machinery, farm
supplies, or a combination of them to or from a farm;
(c) not used in the operation of a common or contract motor carrier; and
(d) used within one hundred fifty miles of the person's farm.
(3) persons operating authorized emergency vehicles as defined in Section
56-5-170.
(4) operators of recreational vehicles used solely for personal use.
(C) No person may drive a commercial motor vehicle on the highways of this
State while his commercial driver license or privilege to drive is suspended,
revoked, or cancelled, while subject to a disqualification, or in violation of
an out of service order.
(D) A person violating these requirements must be punished as though convicted
of a violation of Section 56-1-460.
Section 56-1-2080. (A) (1) No person may be issued a commercial driver
license unless that person is a resident of this State and has passed a knowledge
and skills test for driving a commercial motor vehicle which complies with the
minimum federal standards established by 49 C.F.R. part 383, subparts G and H,
and has satisfied all other requirements of the CMVSA as well as any other
requirements imposed by state law or federal regulation. The tests must be
prescribed and conducted by the department.
(2) The department may authorize a person, including an agency of this or
another state, an employer, or a department, agency, or instrumentality of local
government, to administer the skills test specified by this section if:
(a) the test is the same which otherwise would be administered by the
department; and
(b) the third party has entered into an agreement with the department
which contains at least the following provisions:
(i) authorization for the department or the Federal Highway
Administration or its representatives to conduct random examinations,
inspections, and audits without prior notice;
(ii) permission for the department or its representative to conduct
onsite inspections at least annually;
(iii) a requirement that all third-party examiners meet the same
qualifications and training standards as the department's examiners to the extent
necessary to conduct the driving skill tests;
(iv) authorization for the department to charge a fee, as determined by
the department, which is sufficient to defray the actual costs incurred by the
department for administering and evaluating the employer testing program and for
carrying out any other activities considered necessary by the department to
assure sufficient training for the drivers participating in the program.
(B) The department may waive the skills test specified in this section for a
commercial driver license applicant:
(1) whose driver's license has not been suspended or revoked within the
previous two years;
(2) who has no more than four points against his driving record within the
previous two years;
(3) who has not contributed to an accident within the previous two years;
(4) who has been licensed to operate the class of motor vehicle for which
he is applying for a minimum of two years or who can provide proof that he was
operating those vehicles for two years immediately preceding the date of
application.
(C) A commercial driver license or commercial driver instructional permit may
not be issued to a person while the person is subject to a disqualification from
driving a commercial motor vehicle or while the person's driver's license is
suspended, revoked, or cancelled in any state, nor may a commercial driver
license be issued to a person who has a commercial driver license issued by any
other state unless the person first surrenders all those licenses, each of which
must be returned to the issuing state for cancellation.
(D) (1) A commercial driver instruction permit may be issued to an individual
who holds a valid Class 'D' license or who has passed the appropriate vision and
written test for the type of commercial driver license sought.
(2) The holder of a commercial driver instruction permit, unless otherwise
disqualified, may drive a commercial motor vehicle but only when accompanied by
the holder of a commercial driver license with applicable endorsements which is
valid for the type of vehicle driven, and who occupies a seat beside the
individual for the purpose of giving instruction in driving the commercial motor
vehicle.
(3) The commercial driver instruction permit may not be issued for longer
than six months. Only one renewal or reissuance may be granted within a two-year
period.
Section 56-1-2090. (A) The application for a commercial driver license or
commercial driver instruction permit must include:
(1) the full name and both the current mailing and residential address of
the person;
(2) a physical description of the person including sex, height, and weight;
(3) date of birth;
(4) the applicant's Social Security number;
(5) the person's signature;
(6) the person's consent to be photographed;
(7) certifications including those required by 49 C.F.R. part 383.71(a);
(8) any other information required by the department;
(9) a consent to release driving record information; and
(10) a nonrefundable application fee of fifteen dollars, except for public
school bus drivers.
(B) When the holder of a commercial driver license changes his name, mailing
address, or residence, an application for a renewal license must be made as
provided in Section 56-1-230.
(C) No person who has been a resident of this State for thirty days or longer
may drive a commercial motor vehicle under the authority of a commercial driver
license or commercial driver instruction permit issued by another state.
(D) A person who knowingly falsifies information or certifications required
under subsection (A) of this section is subject to cancellation of his commercial
driver license and may not obtain a commercial driver license or commercial
driver instruction permit for at least sixty consecutive days after the time he
otherwise would be eligible for a commercial driver license or commercial driver
instruction permit.
Section 56-1-2100. (A) The commercial driver license must be marked
'Commercial Driver License' or 'CDL', and must be, to the maximum extent
practicable, tamper proof. It must include, but not be limited to, the following
information:
(1) the name and residential address of the person;
(2) the person's color photograph;
(3) a physical description of the person including sex, height, and weight;
(4) date of birth;
(5) a number or identifier considered appropriate by the department;
(6) the person's signature;
(7) the class or type of commercial motor vehicles which the person may
drive together with any endorsements or restrictions;
(8) the name of this State; and
(9) the dates between which the license is valid.
(B) The holder of a valid commercial driver license may drive all vehicles in
the class for which that license is issued and all lesser classes of vehicles
except motorcycles. Vehicles which require an endorsement may not be driven
unless the proper endorsement appears on the license. Commercial driver licenses
may be issued with the following classifications, endorsements, and restrictions:
(1) Classifications:
(a) Class A: a combination of vehicles with a gross vehicle weight rating
of twenty-six thousand one pounds or more if the gross vehicle weight rating of
the vehicle being towed is in excess of ten thousand pounds;
(b) Class B: a single vehicle with a gross vehicle weight rating of
twenty-six thousand one pounds or more and any such vehicle towing a vehicle not
in excess of ten thousand pounds;
(c) Class C: a single vehicle with a gross vehicle weight rating of less
than twenty-six thousand one pounds and any such vehicle towing a vehicle with
a gross vehicle weight rating not in excess of ten thousand pounds comprising:
(i) vehicles designed to transport sixteen or more persons, including
the driver;
(ii) vehicles used in the transportation of hazardous material which
require the vehicle to be placarded under 49 C.F.R. part 172, subpart F.
(2) Endorsements:
(a) 'H' authorizes the driver to drive a vehicle transporting hazardous
material;
(b) 'T' authorizes driving double trailers;
(c) 'P' authorizes driving vehicles carrying passengers;
(d) 'N' authorizes driving tank vehicles;
(e) 'X' represents a combination of hazardous materials and tank vehicle
endorsements.
(3) Restrictions:
'K' restricts the driver to vehicles not equipped with airbrakes.
(C) Before issuing a commercial driver license, the department must obtain
driving record information through the Commercial Driver License Information
System, the National Driver Register, and from each state in which the person has
been licensed.
(D) Within ten days after issuing a commercial driver license, the
department must notify the Commercial Driver License Information System of that
fact, providing all information required to insure identification of the person.
(E) A commercial driver license issued by the department expires on the
licensee's birth date on the fourth calendar year after the calendar year in
which it is issued.
(F) Every person applying for renewal of a commercial driver license shall
complete the application form required by Section 56-1-1990(A), providing updated
information and required certifications. If the applicant wishes to retain a
hazardous materials endorsement, the written test for a hazardous materials
endorsement must be taken and passed again. The person shall submit to a vision
test.
Section 56-1-2110. (A) A person is disqualified from driving a commercial
motor vehicle for not less than one year if convicted of a first violation of:
(1) driving a commercial motor vehicle under the influence of alcohol, a
controlled substance, or a drug which impairs driving ability;
(2) driving a commercial motor vehicle while the alcohol concentration of
the person's blood or breath or other bodily substance is four-one hundredths or
more;
(3) knowingly and wilfully leaving the scene of an accident involving a
commercial motor vehicle driven by the person;
(4) using a commercial motor vehicle in the commission of a felony as
defined in this article;
(5) refusal to submit to a test to determine the driver's alcohol
concentration while driving a commercial motor vehicle.
If any of the above violations occur while transporting a hazardous material
required to be placarded, the person is disqualified for not less than three
years.
(B) A person is disqualified for life if convicted of two or more violations
of any of the offenses specified in subsection (A) or a combination of those
offenses, arising from two or more separate incidents.
(C) Only offenses committed after the effective date of this article may be
considered in applying this subsection.
(D) The department may issue regulations establishing guidelines, including
conditions, under which a disqualification for life under subsection (B) may be
reduced to not less than ten years.
(E) A person is disqualified from driving a commercial motor vehicle for life
who uses a commercial motor vehicle in the commission of a felony involving the
manufacture, distribution, or dispensing of a controlled substance or possession
with intent to manufacture, distribute, or dispense a controlled substance.
(F) A person is disqualified from driving a commercial motor vehicle for not
less than sixty days if convicted of two serious traffic violations or one
hundred twenty days if convicted of three serious traffic violations, committed
in a commercial motor vehicle arising from separate incidents occurring within
a three-year period.
(G) After suspending, revoking, or cancelling a commercial driver license, the
department shall update its records to reflect that action immediately. After
suspending, revoking, or cancelling a nonresident commercial driver's privilege,
the department shall notify the licensing authority of the state which issued the
commercial driver license or commercial driver instruction permit within ten
days.
Section 56-1-2120. (A) A person may not drive a commercial motor vehicle
within this State while having a measurable amount of alcohol in his body.
(B) A person who drives a commercial motor vehicle within this State while
having a measurable amount of alcohol in his system or who refuses to submit to
an alcohol test under Section 56-1-2130 must be placed out of service for
twenty-four hours.
(C) A person who drives a commercial motor vehicle in this State with an
alcohol concentration of four one-hundredths of one percent or more must be
disqualified from driving a commercial motor vehicle under Section 56-1-2110.
Section 56-1-2130. (A) A person who drives a commercial motor vehicle within
this State is considered to have given consent, subject to provisions of Section
56-5-2950, to take a test of that person's blood, breath, or urine for the
purpose of determining that person's alcohol concentration or the presence of
other drugs.
(B) Tests may be administered at the direction of a law enforcement officer,
who after stopping or detaining the driver of a commercial motor vehicle, has
probable cause to believe that the driver was driving a commercial motor vehicle
while having a measurable amount of alcohol in his system.
(C) A person requested to submit to a test as provided in subsection (A) must
be warned by the law enforcement officer requesting the test, that a refusal to
submit to the test must result in that person being placed out of service
immediately for twenty-four hours and being disqualified from operating a
commercial motor vehicle for not less than one year under Section 56-1-2110.
(D) If the person refuses testing, or submits to a test which discloses an
alcohol concentration of four one-hundredths of one percent or more, the law
enforcement officer shall submit a report to the department certifying that the
test was requested pursuant to subsection (A) and that the person refused to
submit to testing, or submitted to a test which disclosed an alcohol
concentration of four one-hundredths of one percent or more.
(E) Upon receipt of the report of a law enforcement officer submitted under
subsection (D), the department shall disqualify the driver from driving a
commercial motor vehicle under Section 56-1-2110.
Section 56-1-2140. Within ten days after receiving a report of the conviction
of a nonresident holder of a commercial driver license for a violation of state
law or local ordinance relating to motor vehicle traffic control, other than a
parking violation, committed in a commercial motor vehicle, the department shall
notify the driver licensing authority in the licensing state of the conviction.
Section 56-1-2150. A person may drive a commercial motor vehicle if the person
has a commercial driver license issued by a state in accordance with the minimum
federal standards for the issuance of commercial motor vehicle driver licenses,
if the person's license is not suspended, revoked, or cancelled and if the person
is not disqualified from driving a commercial motor vehicle.
Section 56-1-2160. An offense for which no specific penalty is provided by
this article must be punished in accordance with Section 56-5-6190."
Time effective
SECTION 3. This act takes effect upon approval by the Governor. |