Current Status Bill Number:3961 Ratification Number:176 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970410 Primary Sponsor:Townsend All Sponsors:Townsend Drafted Document Number:psd\7216cm.97 Date Bill Passed both Bodies:19970522 Date of Last Amendment:19970429 Governor's Action:V Date of Governor's Action:19970610 Action on Governor's Veto:S Subject:Commercial drivers licenses, vehicles, provisions; Motor Vehicles
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19970617 Veto sustained
------ 19970610 Vetoed by Governor
------ 19970604 Ratified R176
Senate 19970522 Read third time, enrolled for
ratification
Senate 19970521 Read second time, notice of
general amendments
Senate 19970515 Recalled from Committee, 15 ST
placed on the Calendar
Senate 19970501 Introduced, read first time, 15 ST
referred to Committee
House 19970430 Read third time, sent to Senate
House 19970429 Amended, read second time
House 19970424 Committee report: Favorable with 21 HEPW
amendment
House 19970410 Introduced, read first time, 21 HEPW
referred to Committee
View additional legislative information at the LPITS web site.
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.