H 3961 Session 112 (1997-1998)
H 3961(Rat #0176) General Bill, By Townsend
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
56-1-2115 SO AS TO PROVIDE FOR THE MANNER IN WHICH A PERSON WHO HAS BEEN
DISQUALIFIED FROM DRIVING A COMMERCIAL VEHICLE FOR ONE YEAR OR MORE MAY BE
RE-EXAMINED TO OBTAIN A COMMERCIAL DRIVER LICENSE; TO AMEND SECTION 56-1-2030,
AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN THE COMMERCIAL DRIVER LICENSE
ACT, SO AS TO REVISE THE DEFINITION OF "OUT-OF-SERVICE ORDER"; TO AMEND
SECTION 56-1-2060, RELATING TO AN EMPLOYER'S RESPONSIBILITY REGARDING THE
OPERATION OF A COMMERCIAL MOTOR VEHICLE BY HIS EMPLOYEE, SO AS TO PROVIDE THAT
AN EMPLOYER WHO KNOWINGLY ALLOWS, PERMITS, OR AUTHORIZES A PERSON TO DRIVE A
COMMERCIAL MOTOR VEHICLE DURING A PERIOD WHICH THE VEHICLE OR DRIVER IS
SUBJECT TO AN OUT-OF-SERVICE ORDER IS SUBJECT TO A CIVIL FINE; TO AMEND
SECTION 56-1-2070, RELATING TO PROHIBITIONS AGAINST AND EXCEPTIONS TO CERTAIN
PROHIBITIONS AGAINST DRIVING A COMMERCIAL MOTOR VEHICLE WITHOUT A VALID
DRIVER'S LICENSE, SO AS TO DELETE AN OBSOLETE REFERENCE, AND TO PROVIDE
PENALTIES FOR A PERSON WHO ILLEGALLY OPERATES A COMMERCIAL MOTOR VEHICLE; TO
AMEND SECTION 56-1-2080, RELATING TO QUALIFICATIONS FOR A COMMERCIAL DRIVER
LICENSE, THE ADMINISTRATION OF THE DRIVER SKILLS TEST, CERTAIN PERSONS TO WHOM
A COMMERCIAL DRIVER LICENSE MAY NOT BE ISSUED, AND THE COMMERCIAL DRIVER
INSTRUCTION PERMIT, SO AS TO DELETE THE PROVISIONS THAT PERMIT A WAIVER OF THE
COMMERCIAL DRIVER LICENSE SKILLS TESTS TO CERTAIN COMMERCIAL DRIVER LICENSE
APPLICANTS; TO AMEND SECTION 56-1-2100, AS AMENDED, RELATING TO THE ISSUANCE
OF A COMMERCIAL DRIVER LICENSE, SO AS TO REVISE THE PROVISIONS RELATING TO
CLASSIFICATIONS, ENDORSEMENTS, AND RESTRICTIONS; TO AMEND SECTION 56-1-2120,
RELATING TO THE PROHIBITION AGAINST DRIVING A COMMERCIAL VEHICLE WITH A
MEASURABLE AMOUNT OF ALCOHOL, SO AS TO PROHIBIT AN ON-DUTY DRIVER OF A
COMMERCIAL VEHICLE FROM POSSESSING AN ALCOHOLIC BEVERAGE WHICH IS NOT PART OF
THE MANIFEST AND TRANSPORTED AS PART OF THE SHIPMENT; BY ADDING SECTION
56-5-5315 SO AS TO PROVIDE PROVISIONS THAT GOVERN THE OPERATION OF AN
INTERMODAL TRAILER, CHASSIS, OR CONTAINER.-AMENDED TITLE
04/10/97 House Introduced and read first time HJ-84
04/10/97 House Referred to Committee on Education and Public
Works HJ-85
04/24/97 House Committee report: Favorable with amendment
Education and Public Works HJ-2
04/29/97 House Amended HJ-74
04/29/97 House Read second time HJ-76
04/30/97 House Read third time and sent to Senate HJ-24
05/01/97 Senate Introduced and read first time SJ-33
05/01/97 Senate Referred to Committee on Transportation SJ-33
05/15/97 Senate Recalled from Committee on Transportation SJ-5
05/21/97 Senate Read second time SJ-37
05/21/97 Senate Ordered to third reading with notice of
amendments SJ-37
05/22/97 Senate Read third time and enrolled SJ-25
06/04/97 Ratified R 176
06/10/97 Vetoed by Governor
06/17/97 House Veto sustained Yeas-87 Nays-6 HJ-91
NOTE: THIS COPY IS A TEMPORARY VERSION. THIS IS NOT
THE FINAL VERSION.
(Rxxx, H3961)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 56-1-2115 SO AS TO
PROVIDE FOR THE MANNER IN WHICH A PERSON WHO HAS
BEEN DISQUALIFIED FROM DRIVING A COMMERCIAL VEHICLE
FOR ONE YEAR OR MORE MAY BE RE-EXAMINED TO OBTAIN
A COMMERCIAL DRIVER LICENSE; TO AMEND SECTION
56-1-2030, AS AMENDED, RELATING TO DEFINITIONS
CONTAINED IN THE COMMERCIAL DRIVER LICENSE ACT, SO
AS TO REVISE THE DEFINITION OF "OUT-OF-SERVICE ORDER";
TO AMEND SECTION 56-1-2060, RELATING TO AN EMPLOYER'S
RESPONSIBILITY REGARDING THE OPERATION OF A
COMMERCIAL MOTOR VEHICLE BY HIS EMPLOYEE, SO AS TO
PROVIDE THAT AN EMPLOYER WHO KNOWINGLY ALLOWS,
PERMITS, OR AUTHORIZES A PERSON TO DRIVE A
COMMERCIAL MOTOR VEHICLE DURING A PERIOD WHICH
THE VEHICLE OR DRIVER IS SUBJECT TO AN OUT-OF-SERVICE
ORDER IS SUBJECT TO A CIVIL FINE; TO AMEND SECTION
56-1-2070, RELATING TO PROHIBITIONS AGAINST AND
EXCEPTIONS TO CERTAIN PROHIBITIONS AGAINST DRIVING
A COMMERCIAL MOTOR VEHICLE WITHOUT A VALID
DRIVER'S LICENSE, SO AS TO DELETE AN OBSOLETE
REFERENCE, AND TO PROVIDE PENALTIES FOR A PERSON
WHO ILLEGALLY OPERATES A COMMERCIAL MOTOR
VEHICLE; TO AMEND SECTION 56-1-2080, RELATING TO
QUALIFICATIONS FOR A COMMERCIAL DRIVER LICENSE, THE
ADMINISTRATION OF THE DRIVER SKILLS TEST, CERTAIN
PERSONS TO WHOM A COMMERCIAL DRIVER LICENSE MAY
NOT BE ISSUED, AND THE COMMERCIAL DRIVER
INSTRUCTION PERMIT, SO AS TO DELETE THE PROVISIONS
THAT PERMIT A WAIVER OF THE COMMERCIAL DRIVER
LICENSE SKILLS TESTS TO CERTAIN COMMERCIAL DRIVER
LICENSE APPLICANTS; TO AMEND SECTION 56-1-2100, AS
AMENDED, RELATING TO THE ISSUANCE OF A COMMERCIAL
DRIVER LICENSE, SO AS TO REVISE THE PROVISIONS
RELATING TO CLASSIFICATIONS, ENDORSEMENTS, AND
RESTRICTIONS; TO AMEND SECTION 56-1-2120, RELATING TO
THE PROHIBITION AGAINST DRIVING A COMMERCIAL
VEHICLE WITH A MEASURABLE AMOUNT OF ALCOHOL, SO AS
TO PROHIBIT AN ON-DUTY DRIVER OF A COMMERCIAL
VEHICLE FROM POSSESSING AN ALCOHOLIC BEVERAGE
WHICH IS NOT PART OF THE MANIFEST AND TRANSPORTED
AS PART OF THE SHIPMENT; BY ADDING SECTION 56-5-5315 SO
AS TO PROVIDE PROVISIONS THAT GOVERN THE OPERATION
OF AN INTERMODAL TRAILER, CHASSIS, OR CONTAINER.
Be it enacted by the General Assembly of the State of South Carolina:
Commercial driver's license re-examination
SECTION 1. The 1976 Code is amended by adding:
"Section 56-1-2115. (A) A person who has been disqualified from
driving a commercial vehicle pursuant to the provisions contained in
Section 56-1-2110 for one year or more, must complete successfully the
requirements contained in Section 56-1-2080 and satisfy all other
requirements imposed by state or federal law before the person is eligible
to be re-examined pursuant to the provisions contained in subsection (B).
(B) The re-examination consists of the commercial driver license
standards contained in 49 CFR of the Federal Motor Carrier Regulations
which includes successful completion of the applicable knowledge tests
and the complete road test which includes pre-trip inspection, basic
control skills, and the on-road test."
'Out-of-service order' defined
SECTION 2. Section 56-1-2030(21) of the 1976 Code is
amended to read:
"(21) 'Out-of-service order' means declaration by an authorized
enforcement officer of a federal, state, Canadian, Mexican, or local
jurisdiction that a person, a commercial motor vehicle, or a motor carrier
operation, is out of service pursuant to 49 CFR Sections 386.72, 390.5,
392.5, 395.13, 396.9, or compatible laws, or the North American Uniform
Out-of-Service Criteria. For purposes of this article, regulations requiring
disqualifications for violations of out- of- service orders affect all vehicles
with a gross combination weight rating or gross vehicle weight rating
greater than 10,000 pounds, as contained in 49 CFR Sections 383, 390.5,
and 393 of the Federal Motor Carrier Regulations."
Operation of a commercial motor vehicle
SECTION 3. Section 56-1-2060 (B) of the 1976 Code is amended
to read:
"(B) No employer knowingly may allow, permit, or authorize a
person to drive a commercial motor vehicle during a period in which:
(1) the person's commercial driver license is suspended, revoked,
or canceled 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;
(2) the person 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; or
(3) an employer who knowingly allows, permits or authorizes a
person to drive a commercial motor vehicle during a period in which
either the vehicle or the person is subject to an out-of-service order is
subject to a civil penalty of not less than two thousand five hundred
dollars nor more than ten thousand dollars."
Operation of a commercial motor vehicle
SECTION 4. Section 56-1-2070 of the 1976 Code is amended to
read:
"Section 56-1-2070. (A) Except as provided in subsection (C) 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, 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) A person operating a commercial motor vehicle as defined in
Section 56-1-2030 and 49 CFR 383.5, without the proper class
commercial license or permit with all applicable endorsements or
restrictions as defined in Section 56-1-2100 must be placed out of service
and is guilty of a misdemeanor and upon conviction of a first offense,
must be fined not less than one hundred fifty dollars and not more than
two hundred dollars or imprisoned for thirty days and upon conviction of
a second offense or subsequent offense must be fined not less than two
hundred fifty dollars and not more than five hundred dollars or
imprisoned forty-five days, or both.
(C) 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.
(D) No person may drive a commercial motor vehicle on the
highways of this State while:
(1) his commercial driver license or privilege to drive is
suspended, revoked, or canceled;
(2) subject to a disqualification; or
(3) in violation of an out-of-service order.
(E) A person violating the requirements of subsection (D)(3) must
be punished as follows, while all other violations of this section must be
punished as though convicted of a violation of Section 56-1-460. A
person is disqualified for not less than:
(1) ninety days nor more than one year if the person is convicted
of a first violation of an out-of-service order. Additionally, a person who
is convicted of violating an out-of-service order is subject to a civil
penalty of not less than one thousand dollars nor more than two thousand
five hundred dollars;
(2) one year nor more than five years if during a ten-year period
the person is convicted of two violations of out-of-service orders in
separate incidents. Additionally, a person who is convicted of violating
an out-of-service order is subject to a civil penalty of not less than one
thousand dollars nor more than two thousand five hundred dollars;
(3) three years nor more than five years if during a ten-year
period the person is convicted of three or more violations of out-of-state
service orders in separate incidents. Additionally, a person who is
convicted of violating an out-of-service order is subject to a civil penalty
of not less than one thousand dollars nor more than two thousand five
hundred dollars;
(4) one hundred eighty days nor more than two years if the driver
is convicted of a first violation of an out-of-service order while
transporting hazardous materials required to be placarded under the
Hazardous Materials Transportation Act (49 U.S.C. 5101-5127), or while
operating motor vehicles designed to transport more than fifteen
passengers, including the driver. A driver is disqualified for a period of
not less than three years nor more than five years if during a ten-year
period the person is convicted of any subsequent violations of
out-of-service orders, in separate incidents, while transporting hazardous
materials required to be placarded under the Hazardous Materials
Transportation Act, or while operating motor vehicles designed to
transport more than fifteen passengers, including the driver. Additionally,
a driver who is convicted of violating an out-of-service order is subject to
a civil penalty of not less than one thousand dollars nor more than two
thousand five hundred dollars."
Issuance of a commercial driver's license
SECTION 5. Section 56-1-2080 of the 1976 Code is amended to
read:
"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 CFR 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 persons participating in the program.
(B) 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 canceled 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.
(C)(1) A commercial driver instruction permit may be issued to an
individual who holds a valid Class 'D' license and 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."
Commercial driver licenses
SECTION 6. Section 56-1-2100(B) of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"(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
combination weight rating of twenty-six thousand one pounds or more
provided 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, or any such vehicle towing
a vehicle not in excess of ten thousand pounds gross vehicle weight
rating.
(c) Class C: A single vehicle, or combination of vehicles, that
are not Class A or B vehicles but either designed to transport 16 or more
passengers including the driver, or are placarded for hazardous materials
under 49 CFR, Part 172, subpart F.
(2) Endorsements:
(a) 'H' authorizes the person to drive a vehicle transporting
hazardous materials;
(b) 'T' authorizes double trailers;
(c) 'P' authorizes driving vehicles carrying passengers;
(d) 'N' authorizes driving tank vehicles;
(e) 'X' represents a combination of hazardous materials or tank
vehicle endorsements, or both.
(3) Restrictions:
(a) 'K' restricts the person to vehicles not equipped with
airbrakes;
(b) 'Z' except tractor trailer;
(c) 'Z-1' may not operate commercial motor vehicles with a
gross vehicle weight rating or a gross combination weight rating
exceeding 26,000 pounds."
Alcoholic beverages
SECTION 7. Section 56-1-2120 of the 1976 Code is amended to
read:
"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.
(D) A person must not be on duty or operate a commercial motor
vehicle while he possesses an alcoholic beverage that is not part of the
manifest and transported as part of the shipment."
Intermodal trailer, chassis, or container
SECTION 8. The 1976 Code is amended by adding:
"Section 56-5-5315. (A) A person shall not tender or interchange
an intermodal trailer, chassis, or container to a motor carrier for use on a
highway which is in violation of the requirements set forth in the United
States Department of Transportation Federal Motor Carrier Safety
Regulations (FMCSR). A motor carrier shall not certify or guarantee to
a person tendering or interchanging any intermodal trailer, chassis, or
container to a motor carrier that the intermodal trailer, chassis, or
container complies with the FMCSR 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 meets these
requirements or immediately make available a replacement vehicle which
meets these requirements before the tendering or interchange of the
vehicle.
(B) Every special agent of the Federal Highway Administration and
any special agent of the Department of Public Safety is authorized to enter
upon and perform inspections of motor carrier vehicles in operation and
any intermodal trailer, chassis, or container at an intermodal terminal
which is intended to be tendered or interchanged to a motor carrier for use
on a highway.
(C) When a motor carrier has been tendered an intermodal trailer,
chassis, or container that does not meet the requirements of the FMCSR,
the motor carrier tendered or interchanged the vehicle is not liable for
civil or criminal penalties. Upon a finding that the motor carrier is not
liable, a citation upon which a civil or criminal penalty is based may be
issued by the court or the Department of Public Safety to the party that
tendered the intermodal trailer, chassis, or container to the motor carrier,
the party then is liable for all fines, penalties, and court costs incurred by
the State.
(D) The Department of Public Safety shall maintain separate
information on roadside vehicle inspection reports for power unit defects
and for defects on an intermodal trailer, chassis, or container tendered to
the motor carrier and shall build and maintain a database to identify and
monitor entities whose responsibility is to provide an intermodal trailer,
chassis, or container to motor carriers in roadworthy condition as
prescribed by the FMCSR. Roadside vehicle inspection reports noting
defects on an 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 FMCSR."
Time effective
SECTION 9. This act takes effect October 1, 1997.
In the Senate House
_________________________________________.
_____________________________________________
President of the Senate
_____________________________________________
Speaker of the House of Representatives
Approved the ____________ day of ________________________,
1997.
_____________________________________________
Governor
Printer's Date -- May 29, 1997 -- S.
-----XX-----
|