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 38-391 - QUALIFICATIONS OF DRIVERS
Subpart C - BACKGROUND AND CHARACTER
Section 38-391.25 - Annual inquiry and review of driving record

Universal Citation: SC Code Regs 38-391.25

Current through Register Vol. 48, No. 9, September 27, 2024

(a) Except as provided in subpart G of 38-382, each motor carrier shall, at least once every 12 months, make an inquiry into the driving record of each driver it employs, covering at least the preceding 12 months, to the appropriate agency of every State in which the driver held a commercial motor vehicle operator's license or permit during the time period.

(b) Except as provided in subpart G of 38-382, each motor carrier shall, at least once every 12 months, review the driving record of each driver it employs to determine whether that driver meets minimum requirements for safe driving or is disqualified to drive a commercial motor vehicle pursuant to Regulation Regulation 38-391.15.

(1) The motor carrier must consider any evidence that the driver has violated any applicable Federal Motor Carrier Safety Regulations in this regulation or Hazardous Materials Regulations (49 CFR chapter I, regulation C).

(2) The motor carrier must consider the driver's accident record and any evidence that the driver has violated laws governing the operation of motor vehicles, and must give great weight to violations, such as speeding, reckless driving, and operating while under the influence of alcohol or drugs, that indicates the driver has exhibited a disregard for the safety of the public.

(1) A copy of the response from each State agency to the inquiry required by paragraph (a) shall be maintained in the driver's qualification file.

(2) A note, including the name of the person who performed the review of the driving record required by paragraph (b) and the date of such review, shall be maintained in the driver's qualification file.

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