South Carolina Code of Regulations
Chapter 38 - DEPARTMENT OF PUBLIC SAFETY
Article 5 - STATE TRANSPORT POLICE REGULATIONS
Subarticle 8 - SINGLE STATE, REGISTRATION SYSTEM FOR INTERSTATE MOTOR CARRIERS OPERATING FOR HIRE
Section 38-428 - Definitions
Current through Register Vol. 48, No. 3, March 22, 2024
1. Applicant. The word "applicant" means a person in whose name the uniform application is filed with a registration state for the purpose of complying with the standards promulgated under Public Law 102-240.
2. Audit. The word "audit" means a review of records and source documents supporting fee payments.
3. Cancellation of Registration. The word "cancellation of registration" means the annulment of a registration by the registrant.
4. Department. The word "Department" means the Department of Public Safety.
5. FHWA. "FHWA" means the Federal Highway Administration.
6. Driveaway Operation. The words "driveaway operation" means an operation in which any vehicle or vehicles, operated singly or in lawful combinations, new or used, not owned by the transporting motor carrier, constitute the commodity being transported.
7. Eligible State. The words "eligible State" means each jurisdiction, that as of January 1, 1991, charged or collected a fee for a vehicle identification stamp or number in accordance with Part 1023, Title 49, Code of Federal Regulations.
8. Jurisdiction. The word "jurisdiction" means a State of the United States, the District of Columbia, a Province or Territory of Canada or the Republic of Mexico.
9. Motor Carrier and Carrier. The words "motor carrier and carrier" means a person authorized to engage in the transportation of passengers or property, as a common or contract carrier, in interstate or foreign commerce, under the provisions of 49 U.S.C. 10922, 10923, or 10928.
10. Motor Vehicle. The words "motor vehicle" means a self-propelled or motor-driven vehicle operated by a motor carrier in interstate or foreign commerce under authority issued by the Department.
11. Person. The word "person" means an individual, corporation, partnership, association, trust or other legal entity.
12. Principal Place of Business. The words "principal place of Business" means a single location that serves as the motor carrier's headquarters and where it maintains or can make available its operational records.
13. Proof of Insurance. The words "proof of insurance" means evidence that the motor carrier is insured to the extent required by federal law which has been filed and approved in the registration state in compliance with these procedures using valid prescribed forms.
14. Registration State. The words "registration state" means the jurisdiction where the registrant maintains its principal place of business. If the applicant's principal place of business is located in a jurisdiction that is not a participating state, the applicant shall apply for registration in the State in which the applicant will operate the largest number of motor vehicles during the next registration year. If the motor carrier will operate the largest number of vehicles in more than one state, the applicant or registrant shall choose which participating state will be the carrier's registration state. Once the registration state jurisdiction is determined, this designation shall be effective until the registrant changes its principal place of business.
15. Reinstatement. The word "reinstatement" means to restore the privileges granted to the registrant by the registration state.
16. Registration Period. The words "registration period" means a period of time from August 1 through November 30 of the year preceding the registration year.
17. Registration Receipt. The words "registration receipt" means a receipt issued to the motor carrier that indicates that the required proof of insurance has been filed and fees have been paid. A copy of this receipt must be maintained in the cab of each motor vehicle for inspection.
18. Registration Year. The words "registration year" means a period of time from January 1 through December 31.
19. Registrant. The word "registrant" means a person who holds a valid registration issued by a registration state.
20. Revocation. The word "revocation" means withdrawal of registration and privileges by a registration state.
21. State. The word "state" means a state of the United States or the District of Columbia.
22. Suspension. The word "suspension" means temporary removal of privileges granted to the registrant by a registration state.
