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 38-432 - Registration Receipts

Universal Citation: SC Code Regs 38-432

Current through Register Vol. 48, No. 3, March 22, 2024

1. The registration state shall collect the fee (not to exceed $10.00 per motor vehicle) that each participating State collected or charged per motor vehicle as of November 15, 1991. These fees shall be for filing and maintaining proof of insurance. No other fee shall be collected or assessed either directly or indirectly. If a participating state charged more than $10.00 as of that date, the registration state will charge the motor carrier $10.00 for that state of travel.

a. The applicant shall use prescribed forms to indicate the amount of fees due for each vehicle and each state of travel.

b. The form and content of the registration receipt shall be as specified herein. This form may include only those items that identify the carrier and the states of travel for which fees have been paid as specified in these procedures. No registration state may add any additional items to this form except to add the registration state name and address that issued the receipt. This printed form shall be as uniform as possible to eliminate enforcement problems.

c. No earlier than the first day of August and through the thirtieth day of November of each year, the registrant shall file an application for registration, pay fees and request the registration receipt for the next registration period from its registration state. The registration receipt shall not be valid until January 1 of the following year as indicated on the face of the receipt and when carried in the registrant's motor vehicle.

d. When an applicant files a proper application in the registration state on or before the 30th of November for the next annual registration period, the registration state shall issue a registration receipt within thirty (30) days. Any registration that contains any misrepresentation, misstatement, or omission of required information shall be deemed to be incomplete until all items have been clarified and/or corrected in accordance with these procedures. The registration state is not obligated to process an incomplete application within any time frame.

e. The registration state shall issue an original registration receipt to the registrant upon receipt of a properly completed registration application and payment of fees. This original receipt must be retained by the motor carrier at its principal place of business for a period of three years. The motor carrier shall make the necessary copies for the number of vehicles for which fees have been paid.

f. If an error is made by the motor carrier in completing the order form and the amount of the check does not agree with the calculated fee amount, each registration state will handle the improper check amount dependent upon the registration state's accounting procedures.

g. The registration receipt shall not be altered by the motor carrier in anyway. Reduction of the size of the receipt after the receipt has been issued by the registration state will be considered alteration. Altering of the receipt shall subject the motor carrier's registration to revocation. Any enforcement officer is authorized to confiscate the altered copy on sight. The confiscated receipt will then be returned to the registration state after any court action is completed by the state in which it was confiscated.

h. The registration receipt shall qualify the registrant to operate under its FHWA certificate or permit in all jurisdictions indicated on the registration receipt without any further registration requirements or identification requirements in any state other than the registration state.

i. The motor carrier shall submit the appropriate amount of fees for each motor vehicle based on the number of motor vehicles by states of travel. Motor vehicles shall be authorized to travel only in those participating states in which the motor carrier has paid the appropriate fees.

j. Upon receipt of a renewal registration application, the registration state shall verify that valid proof of insurance is on file and that the appropriate fees have been paid before the registration receipt is issued.

k. A registrant in good standing (good standing means that active proper insurance, designation of agent for service of process, and copies of interstate authority are on file in the registration state and the motor carrier has not changed its name and/or address) may add equipment and/or states of travel by payment of fees and the filing of the Supplemental Form (RS-2) to the registration state. When a supplemental form is received for additional states of travel or for equipment added, a supplemental registration receipt will be issued showing only those additional states or equipment as requested. Copies of all supplemental registration receipts must be carried in the cab of the motor vehicle with any other copies as needed. A fully acceptable supplemental form shall be processed and the registration receipt issued by the 30th day following the date of filing the supplemental form and appropriate fees.

l. A motor carrier may transfer its registration receipts or copies of the receipt from vehicles taken out-of-service to their replacement vehicles. The motor carrier may not operate more motor vehicles in a participating state than the number with respect to which fees have been paid.

m. A motor carrier conducting a driveaway operation will be required to carry a copy of the registration receipt in the cab of the vehicle in the same manner and meeting all requirements within use procedures as other FHWA regulated motor carriers. The registration receipt may be transferred from vehicle to vehicle in the same manner as the transfer of the registration receipt for a vehicle placed out-of-service.

n. The registration state shall not replace lost or stolen receipts except when the carrier fails to receive the registration receipt(s) mailed by the registration state for delivery of those receipts. An application for replacement without charge must be accompanied by an affidavit detailing the facts supporting it. Within ten (10) days following the receipt of such an application, the registration state must issue replacements.

o. If a motor carrier needs to add states of travel to its operating fleet in one or more of the participating states, the motor carrier may request transmission of a copy of a registration receipt before the receipt is mailed to the registrant. Upon payment of the appropriate fees, a copy of the receipt shall be sent via facsimile. The registration state shall mail the original receipt to the motor carrier.

p. All registration receipts shall expire on the 31st day of December of the registration year for which they were issued.

q. The driver of a motor vehicle must present a copy of a receipt for inspection by any authorized federal or state government personnel on demand.

r. No registration state shall require decals, stamps, cab cards, or any other means of registering or identifying specific vehicles operated by a motor carrier under these provisions. Nothing in this program will preclude a state from requiring indicia for other authority required to be registered in a state.

2. Change of Name, Address and/or Ownership of Registrant

a. If the registrant changes its name (not change of ownership, for example a d/b/a is added, a d/b/a is changed or a sole proprietor or partners incorporates and are the stockholders of the new corporation) after the registration receipt has been issued, the registrant shall submit to the registration state a copy of the re-entitlement issued by the Department. The registration state shall require proof of insurance to be resubmitted in the new name before a replacement registration receipt shall be issued by the registration state. States shall inform carriers that old copies of the registration receipt carried in the cab of the motor vehicles must be replaced with the new copies and the old copies shall be destroyed by the motor carrier.

b. If the registrant changes its business address, the registration state will require filing of a copy of the notice (letter from the motor carrier to the FHWA) submitted to the Department for a similar change of address. If the business address change involves a street, route, box number or city only, the registrant shall notify the registration state in writing of that change. When the business address of the registrant has been changed, new proof of insurance must be filed in the registration state accordingly.

c. If the address change causes a new registration state to be selected, the procedures to be followed are as described in R.38-429.

d. A registrant that changes its principal place of business from a state without reciprocity agreements for waiving of vehicle fees to a state with reciprocity agreements during the registration period will not be allowed any credit or refund of fees paid to its registration state.

e. When the interstate authority is transferred to new owners, the current registrant (old owners) must notify the registration state to cancel its registration. New owners shall be required to register in the registration state like all new registrants. The registration receipts of the old owners will not be reissued in the name of the new owners.

f. When the registrant changes its name, address or ownership, the registration states shall forward this information to all affected participating states when the registration state forwards the next monthly transmittal.

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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