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TO AMEND SECTION 56-1-2110 OF THE 1976 CODE, RELATING TO DISQUALIFICATION FROM DRIVING A COMMERCIAL MOTOR VEHICLE, TO PROVIDE THAT A PERSON WITH A VERIFIED POSITIVE DRUG TEST OR ALCOHOL CONFIRMATION TEST IS DISQUALIFIED FROM DRIVING A COMMERCIAL MOTOR VEHICLE UNTIL THE PERSON SUCCESSFULLY COMPLETES AN ALCOHOL OR DRUG PROGRAM; AND TO AMEND CHAPTER 1, TITLE 56 OF THE 1976 CODE, RELATING TO DRIVER'S LICENSES, TO PROVIDE THAT A MEDICAL REPORTING OFFICER CONDUCTING DRUG OR ALCOHOL CONFIRMATION TESTS PURSUANT TO 49 C.F.R. 40 MUST REPORT POSITIVE VERIFIED TEST RESULTS TO THE DEPARTMENT OF MOTOR VEHICLES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as "The South Carolina Drug Free Trucking Act."
SECTION 2. Section 56-1-2110 of the 1976 Code is amended to read:
"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 motor vehicle under the influence of alcohol, a controlled substance, or a drug which impairs driving ability as prescribed by state law;
(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) leaving the scene of an accident involving a motor vehicle driven by the person;
(4) using a 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 motor vehicle;
(6) driving a commercial motor vehicle when, as a result of prior violations committed while operating a commercial motor vehicle, the driver's commercial driver's license is revoked, suspended, or cancelled, or the driver is disqualified from operating a commercial motor vehicle;
(7) causing a fatality through the negligent operation of a commercial motor vehicle, including, but not limited to, the crimes of motor vehicle manslaughter, homicide by a motor vehicle, and negligent homicide.
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 commercial driver's license holder 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 motor vehicle arising from separate incidents occurring within a three-year period.
(G) A person is disqualified from driving a commercial motor vehicle if a report has been received by the department that the person has received a verified positive drug test or positive alcohol confirmation test as part of the testing program conducted under 49 C.F.R. 40. A disqualification under this subsection remains in effect until the person undergoes a drug and alcohol assessment by a substance abuse professional meeting the requirements of 49 C.F.R. 40, and the substance abuse professional certifies on a form provided by the department that the person has successfully completed a drug or alcohol treatment or education program as recommended by the substance abuse professional. A person who is disqualified under this subsection more than twice in a five-year period is disqualified for life.
(G)(H) After suspending, revoking, or canceling a commercial driver's license, the department shall update its records to reflect that action immediately. After suspending, revoking, or canceling a nonresident commercial driver's privilege, the department shall notify the licensing authority of the state which issued the commercial driver's license or commercial driver's instruction permit within ten days.
(H)(I) For purposes of this section, serious traffic violations are those violations contained in Section 56-1-2030(22) and 49 CFR 383.5 and 383.51.
SECTION 3. Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-2135. (A) All medical review officers or breath alcohol technicians hired by or under contract to a motor carrier or employer who employs drivers who operate commercial motor vehicles and who are required to have a testing program conducted under the procedures established by 49 C.F.R. 40 or to a consortium the carrier or employer belongs to, as defined in 49 C.F.R. 40.3, shall report a verified positive drug test or positive alcohol confirmation test of a person holding a resident or nonresident commercial motor vehicle driver's license to the department on a form provided by the department within three business days of the verification or confirmation. If the employer is required to have a testing program under 49 C.F.R. 655, a report of a verified positive drug test or positive alcohol confirmation test must not be reported to the department under this subsection unless the test is a pre-employment drug test conducted under 49 C.F.R. 655.41 or a pre-employment alcohol test conducted under 49 C.F.R. 655.42.
(B)(1) A motor carrier or employer who employs drivers who operate commercial motor vehicles and who are required to have a testing program conducted under the procedures established by 49 C.F.R. 40, or the consortium the carrier or employer belongs to, must report a refusal by a commercial motor vehicle driver to take a drug or alcohol test, under circumstances that constitute the refusal of a test under 49 C.F.R. 40 and where the refusal has not been reported by a medical review officer or breath alcohol technician, to the department on a form provided by the department.
(2) An employer who is required to have a testing program under 49 C.F.R. 655 must report a commercial motor vehicle driver's verified positive drug test or a positive alcohol confirmation test when: (i) the driver's employment has been terminated or the driver has resigned; (ii) any grievance process, up to but not including arbitration, has been concluded; and (iii) at the time of termination or resignation the driver has not been cleared to return to safety-sensitive functions.
(C) Motor carriers, employers, or consortiums shall make it a written condition of their contract or agreement with a medical review officer or breath alcohol technician, regardless of the state where the medical review officer or breath alcohol technician is located, that the medical review officer or breath alcohol technician is required to report all resident and nonresident state licensed drivers who have a verified positive drug test or positive alcohol confirmation test to the department within three business days of the verification or confirmation.
(D) A person with a verified positive drug test or positive alcohol confirmation test shall be disqualified from driving a commercial motor vehicle pursuant to Section 56-1-2110."
SECTION 4. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, June 22, 2009 at 3:10 P.M.