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 38-433 - Compliance

Universal Citation: SC Code Regs 38-433

Current through Register Vol. 48, No. 9, September 27, 2024

Failure by the registrant to comply with these standards shall result in suspension or revocation of the registration by the base jurisdiction.

1. Suspension of Registration. On the effective date of cancellation of the proof of insurance or other items in non-compliance, the registration State shall notify the registrant in writing that its registration to operate in all states of travel pursuant to these standards is suspended. The suspension notice shall be mailed to the registrant and show the effective date of such suspension. The suspension notice may be a letter, suspension order, show cause order or any other method of proper notice as determined by the registration state. Notice of non-compliance with the filing of proof of insurance with the Department may be obtained by any registration state by viewing the state bulletin board or other computer access established with reference to these procedures.

2. Reinstatement of Registration. When sufficient proof of insurance or other items of non-compliance is filed and in effect after a suspension of the registration, the registration state shall immediately reinstate the motor carrier's registration and notify the registrant that its registration pursuant to these standards is restored. The reinstatement notice shall be mailed to the registrant and show the effective date of such reinstatement. The reinstatement notice may be a letter, reinstatement order or any other method of proper notice as determined by the registration state. Notice of compliance with the filing of proof of insurance with the Department may be obtained by any registration state by viewing the state bulletin board or other computer access established with reference to these procedures.

3. Revocation of Registration. Each registration state shall revoke registration to operate in any state if the registrant has failed to comply with the insurance filing requirements one-hundred and thirty five (135) days from the effective date of a cancellation of insurance. Notice of revocation of registration shall be mailed to the registrant and show the effective date of such revocation.

a. Each registration state shall transmit information regarding revocation of the registration once a month with the monthly transmittal to any other affected jurisdictions participating in this program. The notice to other participating states shall include the full name and business address of the registrant, the registrant's MC Number, DOT number and the date of revocation.

b. The registration state shall revoke the registration of the motor carrier for unlawful use of the registration receipt issued by the registration state.

c. Unlawful use shall include, but not be limited to, failure to pay sufficient fees for the number of motor vehicles operating under the registration receipt, allowing another motor carrier to use or purchase a registration receipt issued to the registrant, alteration of the receipt or failure to maintain a current listing of designation of process agent.

d. The registration state shall revoke the registration of a motor carrier whose registration of an ETA or TA has expired without permanent authority being granted by the Department or the motor carrier has failed to file a copy of the permanent grant of authority in the registration state before the expiration date.

e. If the registrant believes that the registration state has revoked its registration without good cause, the registrant may petition its registration state for reinstatement. Such petition for reinstatement shall be acted upon in accordance with the administrative rules and procedures of the registration state.

f. After a registration has been revoked or cancelled, a motor carrier wishing to operate pursuant to these standards must again apply for registration in its registration state. If its registration state has copies of its operating authority and the motor carrier indicates that no additional grants have been given by the Department, the new filing of copies of its authority shall be waived. The motor carrier shall submit new proof of insurance. If the motor carrier has paid its annual per vehicle fee for the current calendar year, the registration state shall not require new fees to be paid.

g. If the motor carrier has paid its annual per vehicle fee for the current calendar year, the registration state shall be required to forward the registration information to all affected participating states when the registration state forwards the next monthly transmittal.

h. Nothing in these procedures prevents a State from imposing criminal or civil penalties upon any person or organization violating any provision herein.

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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