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 38-392 - DRIVING OF COMMERCIAL MOTOR VEHICLES
Subpart A - GENERAL
Section 38-392.9 - Inspection of cargo, cargo securement devices and systems
Universal Citation: SC Code Regs 38-392.9
Current through Register Vol. 48, No. 9, September 27, 2024
(a) General. A driver may operate a commercial motor vehicle and a motor carrier may not require or permit a driver to operate a commercial motor vehicle unless
(1) The commercial motor vehicle's cargo is
properly distributed and adequately secured as specified in Secs. 38-393.100 to
38-393.118, 38-393.128 and 38-393.130 of this regulation.
(2) The commercial motor vehicle's tailgate,
tailboard, doors, tarpaulins, spare tire and other equipment used in its
operation, and the means of fastening the commercial motor vehicle's cargo are
secured; and
(3) The commercial
motor vehicle's cargo or any other object does not obscure the driver's view
ahead or to the right or left sides, interfere with the free movement of
his/her arms or legs, prevent his/her free and ready access to accessories
required for emergencies, or prevent the free and ready exit of any person from
the commercial motor vehicle's cab or driver's compartment.
(b) Drivers of trucks and truck tractors. Except as provided in paragraph (b)(4), the driver of a truck or truck tractor must
(1) Assure himself/herself
that the provisions of paragraph (a) have been complied with before he/she
drives that commercial motor vehicle;
(2) Inspect the cargo and the devices used to
secure the cargo, within the first 50 miles after beginning a trip and cause
any adjustments to be made to the cargo or load securement devices as
necessary, including adding more securement devices, to ensure that cargo
cannot shift on or within, or fall from the commercial motor vehicle;
and
(3) Reexamine the commercial
motor vehicle's cargo and its load securement devices during the course of
transportation and make any necessary adjustment to the cargo or load
securement devices, including adding more securement devices, to ensure that
cargo cannot shift on or within, or fall from, the commercial motor vehicle.
Reexamination and any necessary adjustments must be made whenever--
(i) The driver makes a change of his/her duty
status; or
(ii) The commercial
motor vehicle has been driven for 3 hours; or
(iii) The commercial motor vehicle has been
driven for 150 miles, whichever occurs first.
(4) The rules in this paragraph (b) do not
apply to the driver of a sealed commercial motor vehicle who has been ordered
not to open it to inspect its cargo or to the driver of a commercial motor
vehicle that has been loaded in a manner that makes inspection of its cargo
impracticable.
Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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