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 38-396 - INSPECTION, REPAIR, AND MAINTENANCE
Section 38-396.9 - Inspection of motor vehicles in operation
Universal Citation: SC Code Regs 38-396.9
Current through Register Vol. 48, No. 9, September 27, 2024
(a) Personnel authorized to perform inspections. Every special agent of the FHWA (as defined in appendix B to this regulation) is authorized to enter upon and perform inspections of motor carrier's vehicles in operation.
(b) Prescribed inspection report. The Driver Vehicle Examination Report shall be used to record results of motor vehicle inspections conducted by authorized FHWA personnel.
(c) Motor vehicles declared "out of service".
(1) Authorized personnel shall declare and
mark "out of service" any motor vehicle which by reason of its mechanical
condition or loading would likely cause an accident or a breakdown. An "Out of
Service Vehicle" sticker shall be used to mark vehicles "out of
service."
(2) No motor carrier
shall require or permit any person to operate nor shall any person operate any
motor vehicle declared and marked "out of service" until all repairs required
by the "out of service notice" have been satisfactorily completed. The term
"operate" as used in section 9 shall include towing the vehicle, except that
vehicles marked "out of service" may be towed away by means of a vehicle using
a crane or hoist. A vehicle combination consisting of an emergency towing
vehicle and an "out of service" vehicle shall not be operated unless such
combination meets the performance requirements of this regulation except for
those conditions noted on the Driver Vehicle Examination Report.
(3) No person shall remove the "Out of
Service Vehicle" sticker from any motor vehicle prior to completion of all
repairs required by the "out of service notice".
(d) Motor carrier disposition.
(1) The driver of any motor vehicle receiving
an inspection report shall deliver it to the motor carrier operating the
vehicle upon his/her arrival at the next terminal or facility. If the driver is
not scheduled to arrive at a terminal or facility of the motor carrier
operating the vehicle within 24 hours, the driver shall immediately mail the
report to the motor carrier.
(2)
Motor carriers shall examine the report. Violations or defects noted thereon
shall be corrected.
(3) Within 15
days following the date of the inspection, the motor carrier shall
(i) Certify that all violations noted have
been corrected by completing the "Signature of Carrier Official, Title, and
Date Signed" portions of the form; and
(ii) Return the completed roadside inspection
form to the issuing agency at the address indicated on the form and retain a
copy at the motor carrier's principal place of business or where the vehicle is
housed for 12 months from the date of the inspection.
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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