South Carolina Code of Regulations
Chapter 38 - DEPARTMENT OF PUBLIC SAFETY
Article 5 - STATE TRANSPORT POLICE REGULATIONS
Subarticle 6 - INSURANCE POLICIES AND SURETY BONDS
Section 38-415 - Cargo Insurance or Surety Bond Required of Motor Carrier
Current through Register Vol. 48, No. 9, September 27, 2024
1. Terms of Insurance or Bond and Minimum Limits. Before any class E-LC certificate can be issued and before any motor carrier operations can be conducted thereunder, the class E-LC motor carrier must procure a cargo insurance policy or cargo surety bond and file with the Department evidence of such insurance or bond on forms prescribed by the Department, such policy or bond being conditioned upon such carrier making compensation to shippers or consignees for loss of or damage to all property belonging to shippers or consignees which comes into the possession of such carrier in connection with its transportation service within South Carolina, regardless of whether the policy or bond specifically describes the motor vehicle or not. Within the limits of liability herein after set forth, it is further required that no condition, provision, stipulation, or limitation contained in the policy or bond or in any endorsement thereon or violation thereof, shall affect in any way the right of any shipper or consignee, or relieve the insurance or bonding company from liability for the payment of any claim for which the insured may be held legally liable to compensate shippers or consignees, irrespective of the financial responsibility or lack thereof or insolvency or bankruptcy of the insured. Moreover, the liability of the insurance or bonding company extends to such losses or damages whether occurring on the route or in the territory authorized to be served by the insured or elsewhere in South Carolina. Furthermore, the liability of the insurance or bonding company for the following minimum limits shall be a continuing one notwithstanding any recovery hereunder:
1. |
For loss of or damage to property carried on any one motor vehicle.................................................... |
$2,500.00 |
2. |
For loss of or damage to or aggregate of losses or damages of or to property occurring at any one time and place...... |
$5,000.00 |
2. Carriers of Extremely Low Valued Commodities Excepted. Motor carriers who possess authority to haul only commodities of extremely low value are not required to comply with the provisions of this rule. For the purposes of this rule the following commodities are deemed to be of extremely low value: sand, gravel, dirt, fill dirt, rocks, hot and cold mix asphalt, manure, wood chips, coal, garbage, debris, charcoal, borrow, coquina shells, and scrap metal, and any other commodities as determined by the Department.