Current through Register Vol. 48, No. 3, March 22, 2024
Applications cannot be amended within forty-eight (48) hours
of a scheduled hearing, unless leave to amend the application is granted by the
commission.
1. PC&N (Household
Goods or Hazardous Waste for Disposal). An application for a Certificate of
PC&N or to amend a Certificate of PC&N to operate as a carrier of
household goods or hazardous waste for disposal by motor vehicle may be
approved upon a showing that the applicant is fit, willing, and able to
appropriately perform the proposed service and that public convenience and
necessity are not already being served in the territory by existing authorized
service. The public convenience and necessity criterion must be shown by the
use of shipper witnesses, if the applicant applies for authority for more than
three contiguous counties. If the commission determines that the public
convenience and necessity is already being served, the commission may deny the
application. The following criteria should be used by the commission in
determining that an applicant for motor carrier operating authority is fit,
willing, and able to provide the requested service to the public:
a. FIT. The applicant must demonstrate or the
commission determines that the applicant's safety rating is satisfactory. This
can be obtained from U.S.D.O.T. and S.C.D.P.S. safety records. Applicants
should also certify that there are no outstanding judgments pending against
such applicant. The applicant should further certify that he is familiar with
all statutes and regulations, including safety operations in South Carolina,
and agree to operate in compliance with these statutes and
regulations.
b. ABLE. The applicant
should demonstrate that he has either purchased or leased on a long-term basis
necessary equipment to provide the service for which he is applying. Thirty
days or more shall constitute a long-term basis. The applicant must undergo an
inspection of all vehicles and facilities to be used to provide the proposed
service. The applicant should also provide evidence in the form of insurance
policies or insurance quotes, indicating that he is aware of the commission's
insurance requirements and the costs associated therewith. Additionally, the
applicant can file a statement indicating the applicant's purpose for seeking a
Class E Certificate, the applicant's 5-year plan if the commission grants the
applicant a Class E Certificate, and such other information that may be
contained in a business proposal.
c. WILLING. Having met the requirements as to
"fit and able," the submitting of the application for operating authority would
be sufficient demonstration of the applicant's willingness to provide the
authority sought.
2.
FWA. An application for a Certificate of FWA to operate as a carrier of
household goods within the limits of a municipality may be approved upon a
showing that the applicant is fit, willing, and able to perform the proposed
service, as delineated by the criteria for fit, willing, and able set out in
103-133 (1)(a),(b), and (c) above. No showing as to the public convenience and
necessity need be made.
3. For
Contract Carrier Authority.
a. If the
application is for a Class F Certificate of PC&N to operate as a contract
carrier of hazardous waste for disposal or is for an amendment or addition
thereto, two copies of the written bilateral contract between the supporting
shipper and the applicant must accompany the application setting forth the
services proposed, the rates and charges, the duration of the contract, the
parties thereto, the territory to be served, and the commodities to be
hauled.
b. An application for a
Class F Certificate of PC&N to operate as a contract carrier or an addition
thereto may be approved upon a showing that the applicant is fit, willing, and
able to appropriately perform the proposed service, and that public convenience
and necessity are not already being served in the territory by existing
authorized service. The public convenience and necessity criterion must be
shown by the use of shipper witnesses, or by such other methodology as may be
approved by the commission, other than the testimony of the applicant. If the
commission determines that the public convenience and necessity is already
being served, the commission may deny the application. (To determine whether a
carrier is fit, willing, able, see R. 103-133(1).)
c. Once a contract with a particular shipper
is approved by the commission, that contract may be renewed periodically by
merely filing two copies thereof with the commission and serving the same
number of copies on ORS, provided, however, that in no event will the renewal
contract alter in any way the commodities authorized to be hauled or the
territory authorized to be served. Any alteration of contract terms or rates
must also receive the specific approval of the commission which may or may not
require notice.
4.
PC&N (Passengers).
An application for a Certificate of PC&N or to amend a
Certificate of PC&N to operate as a carrier of passengers by motor vehicle
may be approved upon a showing that the applicant is fit, willing, and able to
appropriately perform the proposed service, provided however, if an intervenor
shows or if the commission determines that the public convenience and necessity
is already being served, the commission may deny the application. The following
criteria should be used by the commission in determining that an applicant for
motor carrier operating authority is fit, willing, and able to provide the
requested service to the public:
a.
FIT. The applicant must demonstrate or the commission determines that the
applicant's safety rating is satisfactory. This can be obtained from U.S.D.O.T.
and S.C.D.P.S. safety records. Applicants should also certify that there are no
outstanding judgments pending against such applicant and that applicant is
financially fit to do business as a certified carrier. The applicant should
further certify that he is familiar with all statutes and regulations,
including safety regulations, governing for-hire motor carrier operations in
South Carolina and agree to operate in compliance with these statutes and
regulations.
b. ABLE. The applicant
should demonstrate that he has purchased, leased, or otherwise arranged for
obtaining necessary equipment to provide the service for which he is applying.
The applicant should also provide evidence in the form of insurance policies or
insurance quotes, indicating that he is aware of the commission's insurance
requirements and the costs associated therewith.
c. WILLING. Having met the requirements as to
"fit and able", the submitting of the application for operating authority would
be sufficient demonstration of the applicant's willingness to provide the
authority sought. The applicant must demonstrate a willingness to comply with
all commission regulations.
5. Charter Bus Certificate. An application
for a Charter Bus Certificate or to amend a Charter Bus Certificate to operate
as a carrier of 16 or more passengers by motor vehicle may be approved upon a
showing that the applicant meets the insurance requirements of the commission
and the safety requirements of the South Carolina Department of Public Safety,
USDOT and other federal safety regulations and guidelines.
6. PC&N (Non-Emergency Vehicles).
In addition to meeting the requirements set out in
103-133(4)above and any and all definitions addressed in the Federal Motor
Carrier Safety Regulations (Code of Federal Regulations, Title 49, Parts 40 and
355-397) hereinafter known as the Carrier Safety Administration (CSA) Safety
Regulations, applicants for a Certificate of PC&N for non-emergency
vehicles must meet the following requirements:
A. Driver Qualifications/Requirements.
1. Carrier must comply with Part
391-Qualifications of Drivers, CSA Safety Regulations, excluding 391.49, in
addition to the following requirements:
a.
Driver must possess at least a current American Red Cross Standard First Aid
and CPR Certificate or its equivalent. Records of such must be kept on file at
company's primary place of business within South Carolina.
b. Driver must be in compliance with all OSHA
regulations.
c. Driver must be
adequately trained in the use of all vehicle installed safety equipment such as
two-way radios, first aid kits, fire extinguishers, and other equipment as
outlined in the Vehicle Requirement Section of these Regulations.
d. Driver must be able to physically perform
actions necessary to assist persons with disabilities, including wheelchair
users.
e. Driver must wear a
professional uniform and photo identification badge that easily identifies the
driver and the company for whom that driver works.
f. Driver must complete 12 hours of
in-service training annually in the area of safety. Records of such must be
kept on file at company's primary place of business within South
Carolina.
B.
Vehicle Requirements.
1. Any vehicle
purchased on or after the effective date of these regulations shall comply with
the following vehicle requirements. The Applicant must certify on a commission
prescribed form that its vehicles meet, at a minimum, the following standards.
a. All Non-Emergency Vehicles shall be
equipped with at least the following:
(1)
Approved seat belt assemblies for all passenger seating locations.
(2) Interior and exterior lighting which must
meet ADA requirements set forth in Title 49, Parts 37 and 38 C.F.R. In
addition, all standard motor vehicle equipment must be in working order (i.e.
all lamps, windshield wipers, horn, emergency flashers/hazard lights, and all
other standard motor vehicle equipment.)
(3) Locking devices for all doors and all
door latches which shall be in operation from inside and outside on all
vehicles manufactured and first registered after January 1, 1980.
(4) Foot stool or extra step for
loading.
(5) Sanitary and
functional seat covers.
(6) Spare
wheel, jack and tire tools necessary to make minor repairs, except when
operating service cars are immediately available.
(7) Current maps of streets in the area where
service is provided.
(8) Fire
extinguisher, Type ABC, 4lbs. or more dry powder or carbon dioxide, inspected
annually. Proof of annual inspection shall be attached to each fire
extinguisher.
(9) Identification
display of the name under which the Non-Emergency Vehicle is doing business or
providing service, on both sides and the rear of each such vehicle in letters
that contrast sharply with the van's background and are easily read from at
least 20 feet. All Non-Emergency Vehicles operated under the same certificate
shall display the same identification.
(10) Exterior rearview mirrors affixed to
both sides of the vehicle and in working order. There may not be any chips,
cracks, or anything else that limits the driver's view.
(11) A two-way radio, mobile or cellular
phone equipment which shall be included in the vehicle while patients are being
transported. All two-way radios must be in contact with a dispatcher or someone
acting as a dispatcher, i.e., must have instant access to standard phone lines
and the ability to summon immediate police, fire or ambulance assistance, if
needed.
(12) A "No Smoking" sign
prominently displayed in the patient compartment if oxygen tanks, whether
patient tanks or vehicle equipment, are carried. If oxygen tanks are carried,
they must be readily accessible and securely stored.
(13) Heating and cooling systems which meet
ADA requirements set forth in Title 49, Parts 37 and 38 C.F.R.
(14) Emergency warning devices.
(15) Any other emergency and safety equipment
required in order to meet ADA requirements set forth in Title 49, Parts 37 and
38 C.F.R.
b. In addition
to the requirements of subsection (a) above, all wheelchair vans shall be
equipped with at least the following:
(1) A
loading entrance in compliance with ADA requirements and standards.
(2) Fasteners to secure the wheelchair(s) or
stretcher(s) to the vehicle which must be of sufficient strength to prevent the
chair or stretcher from rotating and to prevent the chair or stretcher wheels
from leaving the floor in case of sudden movement and to support chairs,
stretchers and patients in the event the vehicle is overturned.
(3) A lift or ramp with a load capacity as
specified by ADA requirements and standards.
2. Any vehicle manufactured after the
effective date of these regulations shall comply with the vehicle requirements
set forth in Title 49, Parts 37 and 38 C.F.R. and FMVSS.
C. Vehicle Maintenance Requirements.
All carriers must comply with Part 396-Inspection, Repair,
and Maintenance of CSA Safety Regulations, excluding 396.9, 396.11(d) as to the
last phrase "or to any motor carrier operating only one motor vehicle", and
excluding 396.15.
D. Drug
Testing Requirements.
All carriers must implement a verifiable drug testing program
for drivers. Pre-employment, post-accident, and random drug screens shall be
mandatory.
E. Minimum
Periodic Inspection Standards.
1. All carriers
must comply with Appendix G to Subchapter B-Minimum Periodic Inspection
Standards of CSA Safety Regulations.
2. A vehicle does not pass inspection if
deficient under any standard included in 1 above. Further, a vehicle does not
pass an inspection if any defects or deficiencies are detected with reference
to the wheelchair lift or any component relating to the loading of passenger or
patient into the vehicle.
3. All
carriers are subject to the regulations found in Part 396, CSA Safety
Regulations. In addition, any ORS representative or any officers, drivers,
agents, representatives, and employees directly concerned with the inspection
or maintenance of motor vehicles may recommend that a vehicle be put "out of
service" for defects or deficiencies detected with reference to Appendix G to
Subchapter B-Minimum Periodic Inspection Standards and defects or deficiencies
detected with reference to the wheelchair lift or any component relating to the
loading of a passenger or patient into the vehicle.
F. Schedule of Minimum Insurance Limits.
1. Insurance policies and surety bonds for
bodily injury and property damage will have limits of liability not less than
the following:
a. Liability Combined Each
Occurrence $1,000,000
b. Medical
Payments/Each Person $1,000
7. PC&N (Class C-Taxi and Class C-Charter
Carriers).
In addition to meeting the requirements set out in
103-133(4)above, applicants for a Certificate of PC&N for Class C Taxi and
Class C Charter authority, as well as all vehicle drivers operating under such
authority, must meet the following requirements and provide the following
information to the ORS upon request:
A. Owner and Driver
Qualifications/Requirements.
1. All drivers
must be a minimum of 18 years of age.
2. Driving Record - A certified copy of the
driver's three (3) year driving record issued by the South Carolina Department
of Motor Vehicles and such record from the DMV of the state in which the driver
is or has been domiciled for such period.
3. State Criminal Background Check - A
criminal history background check from the state where the driver currently
lives.
4. Drivers License - All
drivers operating a vehicle under a Class C Taxi or Class C Charter certificate
must have in their possession at the time of such operation a valid drivers
license issued by the South Carolina Department of Motor Vehicles or the
current state of residence of the driver.
5. Sex Offender Registry - All Class C Taxi
Certificate and Class C-Charter Certificate holders are prohibited from
employing or leasing vehicles to drivers who are registered, or required to be
registered, as a sex offender with the South Carolina State Law Enforcement
Division (SLED) or any national registry of sex offenders. All certificate
holders who are registered, or required to be registered, as a sex offender
with SLED or any national registry of sex offenders are prohibited from driving
a taxi cab or limousine. Any driver who is placed on a Sex Offender Registry
shall notify the ORS and the certificate holder under which he operates of his
status and shall immediately cease to operate his taxi cab or limo.
6. Engaging in Business - An applicant for a
Class C Taxi Certificate shall designate on his/her application those counties
it can reasonably supply the service requested. Any applicant who has not
provided the service requested in its application within 90 days of approval to
begin operation of that certificate, without good cause shown or who has not
filed with the commission an amended application, shall have its authority
revoked.
B. Owner and
Driver Conduct/Vehicle Qualifications.
1.
Owners and drivers shall inspect the vehicle that the driver is operating daily
to ensure that it can be operated safely.
2. Owners and drivers shall ensure that the
interior of the vehicle is kept in a clean and sanitary condition.
3. Owners and drivers shall ensure that the
general mechanical condition of his/her vehicle is in good operating condition
and mechanical repair.
4. Owners
and drivers shall ensure that the vehicle exterior meets the requirements set
forth in Regulation
103-153.
5. Owners and drivers shall ensure that jack,
spare tire, and other equipment in the trunk or other storage area of the
vehicle is secured, and covered with appropriate material to avoid damage to a
passenger's luggage or other possessions.
6. Duty to Transport Orderly Passengers -
Each driver shall transport all orderly passengers willing and able to pay the
required fare, requesting his or her services to the passenger's requested
destination.
7. Passenger Discharge
- Drivers shall not dismiss, discharge, or otherwise require any passenger to
leave the vehicle other than at the passenger's requested destination without
reasonable cause. For this purpose, "cause" means, but is not limited to, the
vehicle becoming disabled, the passenger becoming disorderly by refusing to pay
the authorized fare, or dangerous driving conditions. A driver who requires a
passenger to leave the vehicle other than at the passenger's requested
destination shall do so only at a well-lit public place, or (if the vehicle has
become disabled) to another vehicle, and shall immediately notify his or her
affiliated company of all the details of the incident.
8. Receipt - Each driver shall, upon request
of the passenger making payment, and upon receipt of full payment for the
authorized fare, give a receipt to the passenger making the payment.
9. Lost and Found - Any property left by a
passenger in a vehicle shall be reported by the driver to his or her affiliated
company within 30 minutes after its discovery, and thereafter returned to the
passenger or the affiliated company as soon as possible, but in any event
within 12 hours after its discovery, at the passenger's expense.
10. Identification Badges - While in
operation, each driver shall have attached to the interior of the vehicle, in
such a way as to be visible by passengers in the rear seat of the taxi, some
form of picture identification. Such identification should display as a minimum
the driver's name, picture, and the name of the holder of authority under a
Certificate of PC&N under which the driver is operating. This paragraph is
inapplicable to Class C-Charter Carriers.
11. Driving Record - Each driver shall, not
less frequently than annually, provide an updated copy of his or her motor
vehicle driving record to the company he or she is affiliated with or
leasing.
12. Manifests.
A. The driver of a taxi cab shall
keep a daily manifest. The manifest shall contain the following information,
which shall be recorded at the time specified:
1. The hour and date at which the vehicle
becomes available for use as a taxi cab, the name of the driver and the make,
registration number of such vehicle shall be recorded before the driver
proceeds to pick up his first passenger or package delivery.
2. The time and place of commencement and the
number of passengers or packages shall be recorded when such passengers or
packages are picked up.
3. The name
and place of delivery of the passengers or packages and the amount of the fare
charged shall be recorded immediately after each trip is terminated.
4. The time and place shall be recorded
immediately after the driver ceases to operate the taxi cab for hire for the
day.
8.
PC&N (Stretcher Vans).
Stretcher van service is a mode of non-emergency
transportation which may be provided to an individual who cannot be transported
in a taxi or wheelchair van due to being non-ambulatory. Stretcher vans are not
required or authorized to provide medical monitoring, medical aid, medical care
or medical treatment of passengers during their transport. Self-administered
oxygen is permitted. In addition to meeting the requirements set out in
103-133(4) and 103-133(6)above, applicants for a Certificate of Public
Convenience and Necessity for stretcher van vehicles must meet the following
requirements:
A. Driver and Assistant
Driver Qualifications/Requirements
1. While
providing transportation for hire, all stretcher vans shall be staffed by both
a primary and an assistant driver. In addition to the general requirements
provided for in 103-133(6) (A), stretcher van drivers and driver assistants
shall be trained in transferring, loading and unloading passengers in
stretchers.
2. A stretcher van
passenger shall not be left unattended at any time.
3. The driver and driver assistant shall
confirm that all restraining straps are fastened properly and the stretcher,
stretcher fasteners and anchorages are properly secured prior to the vehicle
transporting a passenger.
4. The
driver assistant shall be seated in the passenger compartment while the vehicle
is in motion and shall notify the driver of any change in the passenger's
status.
5. All drivers and
assistant drivers must be a minimum of 18 years of age.
6. Driving Record - The certificate holder
must obtain and retain a certified copy of the driver's and the assistant
driver's three (3) year driving records issued by the South Carolina Department
of Motor Vehicles and such records from the DMV of the state in which the
driver or the assistant driver is or has been domiciled for such
period.
7. State Criminal
Background Check - The certificate holder must obtain and retain criminal
history background checks from the state where the driver and assistant driver
currently live.
8. Drivers License
- All drivers and assistant drivers operating a stretcher van must have in
their possession at the time of such operation valid drivers' licenses issued
by the South Carolina Department of Motor Vehicles or the current state of
residence of the driver or assistant driver.
9. Sex Offender Registry - All stretcher van
certificate holders are prohibited from employing drivers and assistant drivers
who are registered, or required to be registered, as sex offenders with the
South Carolina State Law Enforcement Division (SLED) or any national registry
of sex offenders. All drivers and assistant drivers who are registered, or
required to be registered, as sex offenders with SLED or any national registry
of sex offenders are prohibited from driving a stretcher van. Any driver or
assistant driver who is placed on a Sex Offender Registry shall notify the ORS
and the certificate holder under which he operates of his status and shall
immediately cease to operate the stretcher van.
10. All drivers and assistant drivers must
possess a current Red Cross First Aid certification or an American Safety and
Health Institute certification, or certification from a program that meets or
exceeds the certification standards of the Red Cross First Aid or the American
Safety and Health Institute, and Adult Cardiopulmonary Resuscitation (CPR)
certification. The Red Cross First Aid certification must be renewed every
three years, and the Adult CPR certification must be renewed
annually.
B. Vehicle
Requirements
1. The stretcher van must be
equipped with a stretcher used to transport individuals in the supine or
Fowler's position.
2. Passengers
shall be loaded headfirst.
3. The
approved stretcher shall be elevating and wheeled. A minimum of three (3)
patient restraining straps (chest, waist, and thigh) at least two (2) inches
wide shall be provided. The stretcher van shall have proper means to secure the
stretcher in its position under all conditions. Crash-stable stretcher
fasteners must be provided.
4. A
stretcher van vehicle must be maintained in good repair and safe operating
condition and shall meet the same motor vehicle safety requirements as apply to
all vehicles in South Carolina. Exterior surfaces of the vehicle including
windows, mirrors, warning devices and lights must be undamaged and kept clean
of dirt and debris.
5. Safety belts
must be provided for all passengers.
6. Self-administered oxygen must be secured
in accordance with AMD (Ambulance Manufacturers Division of the National Truck
Equipment Association) Standard 003, "Oxygen Tank Retention System
Test."
7. The interior of the
stretcher van vehicle shall include secured storage compartments.
8. All storage compartments, supplies and
equipment shall be kept clean and sanitary.
9. A stretcher van shall not contain medical
equipment or supplies or display any marking, symbols or warning devices that
imply that it offers medical care or ambulance transportation.
10. A stretcher van shall not respond or
transport a person if the request for service originated within a public
dispatch system.
C.
Limitations and Conditions of Service
1.
Stretcher van vehicles shall not be used:
a.
To transport a passenger who requires medical monitoring.
b. To transport more than one (1) stretcher
passenger at a time.
c. To
transport a person who is being administered intravenous fluids.
d. To transport a person who needs or may
need oxygen unless that person's physician has prescribed oxygen as a
self-administered therapy.
e. To
transport a passenger who needs or may need suctioning.
f. To transport a passenger who has sustained
an injury and has not yet been evaluated by a physician.
g. To transport a passenger who is
experiencing an acute condition or the exacerbation of a chronic condition or a
sudden injury or illness.
h. To
transport a passenger who needs to be transported from one hospital to another
hospital if the destination hospital is the same level or a higher level as the
hospital of origin.
i. To transport
a passenger who is being evaluated in an emergency room and for any reason must
be transported to another hospital for diagnostic tests that are not available
at the first hospital.
2. An individual must not be transported in a
stretcher van, if the individual has a written statement from a licensed
physician stating that the individual must not be transported in a stretcher
van.