South Carolina Code of Regulations
Chapter 38 - DEPARTMENT OF PUBLIC SAFETY
Article 5 - STATE TRANSPORT POLICE REGULATIONS
Subarticle 1 - UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS
Part 38-390 - GENERAL
Subpart A - GENERAL APPLICABILITY AND DEFINITIONS
Section 38-390.5 - Definitions
Current through Register Vol. 48, No. 9, September 27, 2024
Unless specifically defined elsewhere, in this regulation:
Accident means:
(1) Except as provided in paragraph (2) of this definition, an occurrence involving a commercial motor vehicle operating on a public road in interstate or intrastate commerce which results in:
(2) The term accident does not include:
Alcohol concentration (AC) means the concentration of alcohol in a person's blood or breath. When expressed as a percentage it means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
Business district means the territory contiguous to and including a highway when within any 600 feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway.
Commercial motor vehicle means any self propelled or towed vehicle used on public highways in interstate or intrastate commerce to transport passengers or property when the vehicle:
(3) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
(4) Is used in transporting hazardous materials in a quantity requiring placarding under regulations issued by the Secretary under the Hazardous Materials Transportation Act ( 49 U.S.C. 5101 et. seq.).
Conviction means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the 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.
Disabling damage means damage which precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs.
Driveaway towaway operation means any operation in which a motor vehicle constitutes the commodity being transported and one or more set of wheels of the motor vehicle being transported are on the surface of the roadway during transportation.
Driver means any person who operates any commercial motor vehicle.
Driving a commercial motor vehicle while under the influence of alcohol means committing any one or more of the following acts in a CMV: Driving a CMV while the person's alcohol concentration is 0.04 percent or more; driving under the influence of alcohol, as prescribed by State law; or refusal to undergo such testing as is required by any State or jurisdiction in the enforcement of Regulation Regulation 38-383.51(b)(2)(i)(A) or (B), or Regulation 38-392.5(a)(2).
Emergency means any hurricane, tornado, storm (e.g. thunderstorm, snowstorm, ice storm, blizzard, sandstorm, etc.) high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, mud slide, drought, forest fire, explosion, blackout or other occurrence, natural or man-made, which interrupts the delivery of essential services (such as, electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions) or essential supplies (such as, food and fuel) or otherwise immediately threatens human life or public welfare, provided such hurricane, tornado, or other event results in:
Emergency relief means an operation in which a motor carrier or driver of a commercial motor vehicle is providing direct assistance to supplement State and local efforts and capabilities to save lives or property or to protect public health and safety as a result of an emergency.
Employee means any individual, other than an employer, who is employed by an employer and who in the course of his or her employment directly affects commercial motor vehicle safety. Such term includes a driver of a commercial motor vehicle (including an independent contractor while in the course of operating a commercial motor vehicle), a mechanic, and a freight handler. Such term does not include an employee of the United States, any State, any political subdivision of a State, or any agency established under a compact between States and approved by the Congress of the United States who is acting within the course of such employment.
Employer means any person engaged in a business affecting interstate or intrastate commerce who owns or leases a commercial motor vehicle in connection with that business, or assigns employees to operate it, but such terms does not include the United States, any State, any political subdivision of a State, or an agency established under a compact between States approved by the Congress of the United States.
Farm vehicle driver means a person who drives only a commercial motor vehicle that is
Farmer means any person who operates a farm or is directly involved in the cultivation of land, crops, or livestock which
Fatality means any injury which results in the death of a person at the time of the motor vehicle accident or within 30 days of the accident.
Federal Motor Carrier Safety Administration means the chief executive of the Federal Motor Carrier Safety Administration, an agency within the Department of Transportation.
Gross combination weight rating (GCWR) means the value specified by the manufacturer as the loaded weight of a combination (articulated) motor vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon.
Gross vehicle weight rating (GVWR) means the value specified by the manufacturer as the loaded weight of a single motor vehicle.
Hazardous material means a substance or material which has been determined by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated.
Hazardous substance means a material, and its mixtures or solutions, that is identified in the appendix to Section 172.101 of the Federal Motor Carrier Safety Administration's hazardous materials regulations, List of Hazardous Substances and Reportable Quantities, when offered for transportation in one package, or in one transport motor vehicle if not packaged, and when the quantity of the material therein equals or exceeds the reportable quantity (RQ). This definition does not apply to petroleum products that are lubricants or fuels, or to mixtures or solutions of hazardous substances if in a concentration less than that shown in the table in Section 171.8 of the Federal Motor Carrier Safety Administration's hazardous materials regulations based on the reportable quantity (RQ) specified for the materials listed in the appendix to Section 172.101 of the Federal Motor Carrier Safety Administration's hazardous materials regulations.
Hazardous waste means any material that is subject to the hazardous waste manifest requirements of the EPA specified in 40 CFR part 262 or would be subject to these requirements absent an interim authorization to a State under 40 CFR part 123, Subpart F.
Highway means any road, street, or way, whether on public or private property, open to public travel. "Open to public travel" means that the road section is available, except during scheduled periods, extreme weather or emergency conditions, passable by four-wheel standard passenger cars, and open to the general public for use without restrictive gates, prohibitive signs, or regulation other than restrictions based on size, weight, or class of registration. Toll plazas of public toll roads are not considered restrictive gates.
Interstate commerce means trade, traffic, or transportation in the United States-
Intrastate commerce means any trade, traffic, or transportation in any State which is not described in the term "interstate commerce."
Medical examiner means a person who is licensed, certified, and/or registered, in accordance with applicable State laws and regulations, to perform physical examinations. The term includes but is not limited to, doctors of medicine, doctors of osteopathy, physician assistants, advanced practice nurses, and doctors of chiropractic.
Motor carrier means a for hire motor carrier or a private motor carrier. The term includes a motor carrier's agents, officers and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment and/or accessories. For purposes of regulation B, this definition includes the terms employer, and exempt motor carrier.
Motor vehicle means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof determined by the Federal Highway Administration, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails, or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street railway service.
Operator See driver.
Other terms: Any other term used in this regulation is used in its commonly accepted meaning, except where such other term has been defined elsewhere in this regulation. In that event, the definition therein given shall apply.
Out of service order means a declaration by an authorized enforcement officer of a Federal, State, Canadian, Mexican, or local jurisdiction that a driver, a commercial motor vehicle, or a motor carrier operation, is out of service pursuant to Secs. 386.72, 38-392.5, 38-396.9, or compatible laws, or the North American Uniform Out of Service Criteria.
Person means any individual, partnership, association, corporation, business trust, or any other organized group of individuals.
Previous employer means any DOT regulated person who employed the driver in the preceding 3 years, including any possible current employer.
Principal place of business means a single location designated by the motor carrier, normally its headquarters, where records required by parts 38-390 and 38-391 of this regulation will be maintained and where records required by part 38-382 must be made available for inspection within two business days after a request has been made by an authorized representative of the Federal/State Government.
Private motor carrier means a person who provides transportation of property or passengers, by commercial motor vehicle, and is not a for hire motor carrier.
Private motor carrier of passengers (business) means a private motor carrier engaged in the interstate transportation of passengers which is provided in the furtherance of a commercial enterprise and is not available to the public at large.
Private motor carrier of passengers (non-business) means private motor carrier involved in the interstate transportation of passengers that does not otherwise meet the definition of a private motor carrier of passengers (business).
Radar detector means any device or mechanism to detect the emission of radio microwaves, laser beams or any other future speed measurement technology employed by enforcement personnel to measure the speed of commercial motor vehicles upon public roads and highways for enforcement purposes. Excluded from this definition are radar detection devices that meet both of the following requirements:
Residential district means the territory adjacent to and including a highway which is not a business district and for a distance of 300 feet or more along the highway is primarily improved with residences.
State means a State of the United States and the District of Columbia and includes a political subdivision of a State.
Trailer includes:
Truck means any self propelled commercial motor vehicle except a truck tractor, designed and/or used for the transportation of property.
Truck tractor means a self propelled commercial motor vehicle designed and/or used primarily for drawing other vehicles.
Unmanufactured Forest Products means logs, pulpwood, woodchips, bark, sawmill wood waste, stumps, pine straw and un-machined posts. This definition includes the movement of machinery and equipment:
