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 38-430 - Registration Process

a. The applicant shall file annually between the 1st day of August and the 30th day of November of the year preceding the registration year an application for registration of all FHWA regulated interstate operations with the registration state only.

b. The application form must be completed in its entirety and signed by an authorized member of the company or its agent, otherwise the registration shall be considered incomplete.

c. The application must contain the full name of the motor carrier. This includes all owner name(s) and any d/b/a (doing business as). This name will be verified with the name shown on the FHWA certificate or permit submitted with the application. If the name on the application differs from the most recent FHWA certificate or permit, the registration will be considered incomplete until the applicant provides a copy of the re-entitlement from the FHWA showing the change of name or amends the application form by providing written notice to the registration state.

d. The business city and business state address on the application will be verified with the FHWA certificate or permit submitted with the application. If the business city and state are not the same, the registration will be considered incomplete until the applicant provides a copy of the request to the FHWA for change of address or amends the application form by providing written notice to the registration state.

e. The business street must be a physical address. The use of a post office box is not acceptable. If the motor carrier lives in a rural area and does not have a physical street address, a rural route with a box number will be accepted.

f. A mailing address may be given for mailing purposes only. A mailing address shall not be used to determine reciprocity.

g. The registrant will indicate the type of registration being filed. A motor carrier receiving FHWA authority for the first time will be "New Carrier Registration". If the motor carrier has previously registered in any of the eligible states for transporting commodities authorized by the FHWA using the old registration system ( Public Law 89-170) or using the new Single State Registration System, the application form would indicate an "Annual Registration".

h. If the motor carrier has changed its registration state since its last application filing, the motor carrier must identify the prior registration state.

i. The registrant shall indicate the type of motor carrier whether a sole proprietor, partnership or corporation. This information should not contradict the name of the motor carrier as indicated on the top of the registration form. For example, if the applicant's name is a sole owner and the motor carrier indicates a partnership or corporation operation, the registration will be considered incomplete and the registration state will contact the applicant (and possibly the FHWA) for clarification. If the motor carrier has changed its name or transferred its operating rights without notification to the FHWA, the application will be considered incomplete until a transfer order or reentitlement is issued by the FHWA and filed in the registration state. If the FHWA certificate or permit is correct and the application form is incorrect, the motor carrier will notify the registration state in writing to amend its application form or correct a returned application.

j. The applicant must indicate the type of authority issued by the FHWA. This information will be verified from the FHWA certificate or permit issued to the motor carrier except for registration of emergency temporary authority or temporary authority.

k. The applicant shall file with the application for a new carrier registration or for the first year of this program in the registration state only, a full copy of its interstate certificate(s) of authority or permit(s) issued by the Department. If the FHWA authority is not submitted with the application, the registration will be considered incomplete. The registration state may waive the filing of copies of any authority granted by the FHWA if that grant of authority is longer than 20 pages in length. When the waiver is granted in writing by the registration state, 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. The registration state is not required to review the FHWA certificates or permits for states of travel for which fees are being paid under these procedures.

l. If new operating authority is granted to the registrant during the registration period, the registrant changes its name and/or address, or receives any order or reentitlement by the Department during the registration year, a copy must be filed with the registration state as soon as it is issued. The registrant shall not wait until the next annual registration period to file copies of additional grants with the registration state.

m. The requirement for filing a copy of the applicant's interstate certificate or permit is waived if the registrant holds emergency temporary authority (ETA) or temporary authority (TA) from the Department for 120 days or less. A carrier holding ETA or TA authority from the Department shall comply with all other requirements in these procedures before it commences operation in any state.

n. If the applicant has not filed additional information during the registration period as required above, the applicant will attach to its annual registration application copies of additional authority grants, re-entitlements, transfer orders, letters of change of name or address mailed to the FHWA by the motor carrier or grants of self-insurance orders issued by the FHWA and not previously filed in the registration state. The registration state may waive the filing of copies of any authority granted by the FHWA if that grant of authority 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.

o. The applicant shall indicate on the application that proof of insurance is being filed or has been filed and remains effective. If proof of insurance is not on file when the application is received in the registration state, the registration will be deemed to be incomplete.

p. The applicant shall indicate on the registration form the status of self-insurance approval by the FHWA. The applicant will file a copy of the order of the Department approving a public liability self-insurance or other public liability security or agreement under the provisions of Part 1043. If the applicant indicates that the FHWA has approved self-insurance coverage and a copy of the FHWA order has not been included with the application, the registration will be deemed to be incomplete.

q. The applicant shall indicate if it will be transporting hazardous commodities in interstate commerce. If this section is not completed, the registration will be deemed to be incomplete until the applicant verifies whether hazardous materials will be transported. This section of the application will be verified with the insurance form on file with the registration state. If the motor carrier desires to transport hazardous materials and the proper levels of insurance are not on file, the registration will be deemed to be incomplete until the motor carrier indicates in writing that hazardous materials will not be transported or until a new insurance filing has been received in the registration state for the proper level of coverage.

r. A copy of the designation of agent(s) for service of process shall be submitted with the initial registration form to the registration state using the FHWA Form BOC-3. The motor carrier shall supplement any changes of designation of local process agent with the registration state to ensure that current information is on file. If the BOC-3 form is not attached to the "New Carrier Registration", the registration will be deemed to be incomplete until this form is received in the registration state. If the motor carrier fails to keep the designation of local process agent information current in the registration state, the registration shall be subject to suspension (See Section 38-433).

s. The registration application will be deemed to be incomplete, if the registration form has not been signed with an original signature.

t. When an application is deemed to be incomplete, the registration state may hold the application and all attachments until the application is complete or the registration state may return the application and attachments dependent on each registration state's fiscal requirements and/or procedures.

u. If equipment or states of travel is to be added after the annual registration process, the motor carrier will be required only to complete a Supplemental Form RS-2 and attach the proper fees. The motor carrier may update any information on file with the registration state by attaching the information to the RS-2 form. If no updates are attached, the motor carrier's signature on the RS-2 form will certify that all information filed with the registration state is current.

a. Designation of process agent shall be filed by the motor carrier in the registration state for each state of travel. Designations shall be made using the BOC-3 form as required by the Department under 49 CFR Part 1044. The motor carrier shall supplement this filing as necessary to ensure that current information is on file in the registration state. Failure to maintain current information shall subject the registration to suspension.

b. An association or corporation may file a list of process agents for each State by making a blanket designation on the BOC-3 form in compliance with 4 CFR 1044.5.

c. A designation may be cancelled or changed only by a new designation except when a motor carrier ceases to operate its authority and a designation is no longer required and may be cancelled without making another designation.