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 38-429 - Participation by States
Universal Citation: SC Code Regs 38-429
Current through Register Vol. 48, No. 9, September 27, 2024
1. An eligible state may participate in the single state registration system and cease participation only with proper notice. If an eligible state wishes to change its status concerning participation, the eligible state must publish notice of its intentions and give written notice to all other participating states by the 1st day of July of the year preceding the registration year in which it will either begin or cease participation.
a. When an eligible state has notified other
participating states that it desires to participate, the participating states
will notify all motor carriers whose principal place of business is located in
that state of the intention of the eligible state to register motor carriers.
The motor carrier may then select the new participating state as its
registration state if its principal place of business is located in that state.
The motor carrier will notify the prior registration state as required in
Section IV.
b. When a participating
state ceases its participation in this program and notifies all parties, the
motor carrier shall select its new registration state and notify that state in
accordance with Section IV.
2. Implementation of SSRS.
a. The single state registration system's
regulations and procedures shall govern the registration and identification of
motor carriers operating in interstate or foreign commerce under a certificate
or permit issued by the Department.
b. Registration states shall comply with the
standards set forth herein. Registration in the registration state shall be
deemed to satisfy the registration requirements of all participating
states.
c. All motor carriers
authorized to engage in interstate transportation of passengers or property as
a common or contract carrier by the FHWA shall register in the motor carrier's
registration state for all states of travel. Registration states will not
exempt any motor carrier holding FHWA authority to transport property or
passengers from registration under these procedures.
d. All vehicles operated under an FHWA
authorized motor carrier's interstate operations (whether owned or leased)
shall be registered in the motor carrier's name in accordance with these
procedures.
e. Motor carriers
receiving emergency temporary authority (ETA) or temporary authority (TA) from
the Department for a duration of 120 days or less are required to comply with
the all requirements of these procedures except the filing of evidence of
authority granted by the Department. After 120 days, the motor carrier must be
in compliance with all of the procedures established herein or subject the
registration to revocation as set forth in Section X.
f. The motor carrier must register with its
registration state before it commences operating. Forms required by federal
regulations and prescribed by these procedures shall not be altered by the
registration state except to indicate the proper registration state for mailing
purposes. The forms attached to these procedures must be completed by the
registrant or prepared by the registration state in the manner described
herein.
g. The registration year
will be a calendar year.
h. Fees
collected under this system will not be prorated for partial year
operations.
i. Any changes to the
authority granted by the FHWA after the initial registration in the
registration state will be filed with the registration state. The registration
state may waive the filing of any authority granted by the FHWA if that grant
of authority certificate or permit is longer than 20 pages in length. When the
waiver is granted in writing, the motor carrier shall provide a copy of the
portion of the Department order which shows the service date and order section
and shall prepare and file a synopsis of the authority granted within the body
of the order.
j. A registrant may
request in writing that its registration be cancelled. The registration state
will immediately cancel such registration and give written notice of
cancellation to the registrant. The notice of cancellation will show the
effective date of cancellation and shall be mailed to the registrant requesting
such cancellation. Each registration state shall transmit information
concerning the motor carrier's full name, business address, MC number and DOT
number for each carrier requesting cancellation of registration to all affected
jurisdictions participating in the program when the next monthly fee accounting
transmittal is required to be submitted to each registration state. No fees
shall be refunded.
3. Change of Registrant's Principal Place of Business.
a. A motor carrier may not change its
registration state unless it changes its principal place of business or its
registration state or commences participation in the program.
b. For the purpose of this program, the
carrier's principal place of business for registration selection will be the
business address the motor carrier indicated on the order issued by the
Department or as otherwise noticed to the Department pursuant to an address
change.
c. When a registrant
changes its principal place of business to another state participating in this
program before the annual registration period of August 1 to November 30, the
registrant may move its registration to the new registration state at the next
registration period or retain registration in the current registration state
for no more than one additional year.
d. When a registrant changes its principal
place of business to another participating state, the registrant shall notify
the new registration state and the current registration state within 30 days
after it has made its selection.
e.
When the registrant changes its principal place of business and selects a new
registration state, the motor carrier shall refile in the new registration
state the application, a copy of its interstate operating authority, and a copy
of the designation of agent(s) for service of process. Proof of insurance must
be filed in the new registration state showing the change of business address
of the registrant.
f. When the
registrant changes its principal place of business to a state that is not
eligible to participate in this program, the registrant shall retain the
current registration state designation for registration purposes and file
notice of business address change along with a new insurance filing in its
registration state.
g. If a
registrant changes its principal place of business during a registration period
and that principal place of business change affects its reciprocity status to
now afford it reciprocity from payment of fees, the registrant shall not be
allowed any credit or refund of prior fees paid for that registration period.
The new principal place of business shall be used by the current registration
state for determination of proper payment of future fees or waiving of those
fees for any additional states of travel or additional equipment
added.
h. The motor carrier must
give notice of its change in registration state to its insurer as soon as
practicable.
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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