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 38-434 - Accounting

Universal Citation: SC Code Regs 38-434

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

1. Participating states shall maintain all documents required under these standards for a minimum of three years.

a. Each participating state shall maintain records of funds received from and remitted to other member jurisdictions. Such records shall identify registrants and remittances from each registrant.

b. These records, which may be kept on microfilm, microfiche or other similar type of documentation, shall be made available to any participating state upon request.

c. Each participating state shall forward to other participating states the amount of funds for the number of vehicles indicated on receipts issued by that state. Each state will be forwarded the full amounts. It will be the responsibility of each registration state to collect the proper fee amounts if a registration state accepts a check that fails to clear the bank. No amounts will be carried forward to other states for bad checks. These funds shall be transmitted only once each month. All funds received by the last day of the month shall be forwarded by the last day of the following month. Reports of no activity are required when no funds are collected.

d. The accounting transmittal shall include a remittance statement for that jurisdiction and identify the following:
1. Registration state submitting the transmittal;

2. Period the transmittal is for;

3. Number of motor vehicles for which fees have been paid; and

4. Total amount of fees received for each participating state.

e. This information is to be forwarded to other participating states on forms prescribed therefore.

f. The supplemental information attached to the transmittal form shall be forwarded to each state for which fees were collected by the registration state. During the months of August through December, each registration state will prepare two reports (whether paper reports or exchange of computer data). One report will indicate only those receipts issued and monies collected for the current registration period. The second report will indicate only those receipts issued and monies collected for the next registration period. If a registration state had no activity during a month from August through December for one of the registration periods, the registration state must prepare a report or send a separate accounting transmittal indicating "No Activity" and reference the registration period. The supplemental information to be sent to the registration state with the transmittal will include the following information:
1. Full name of registrant including all owners and fictitious name (d/b/a);

2. Full business and mailing address of registrant;

3. Number of vehicles for which fees have been paid;

4. Fees collected from each participant;

5. Date registration receipt issued; and

6. FHWA MC number, US DOT number and FEIN number.

g. When an error in overpayment or underpayment for a reporting period has been detected by a registration state, the registration state that has made the error must notify the affected states in writing within two (2) weeks of the discovery of the error. The documentation to the affected state must contain the date of original payment, amount of over/under payment and the motor carrier involved. The registration state in error may simply produce a copy of the original data report highlighting the transaction in error and indicate to the affected states the proper charges. The affected states and the state in error will determine how the over/under payment will be handled in accordance with each state's statutory requirements.

h. When a jurisdiction has not received the monthly report within 45 days after the close of the reporting month, that jurisdiction shall contact the delinquent jurisdiction and request compliance with the standards set forth. If the delinquent jurisdiction has failed to transmit a monthly report and funds by the next reporting period, the participating state shall file its monthly report, but withhold transmission of funds, to the delinquent jurisdiction until the delinquent jurisdiction complies fully with the established accounting procedures.

i. Monies may be transmitted between participating states electronically, by check or any other method of payment accepted by another participating state.

2. Auditing. Any registration state may audit any motor carrier to ensure correct payment of fees or to detect alteration of the registration receipt. If within reasonable time, the registrant fails to respond and pay the required per motor vehicle fees after notice of audit findings and/or written notice of amount due, the registration state shall revoke a motor carrier's registration.

a. The motor carrier shall maintain records and source documents supporting fee payments and the original receipt issued by the registration state for a period of three years.

b. Audits may be conducted at the principal place of business of the carrier. The registration state may also require the carrier to submit documentation for audit to the state agency. Participating states will cooperate as much as possible as to the determination of the proper amount of fees to be collected from the registrants for states of travel.

3. Reciprocity. Reciprocity agreement(s) in effect as of November 15, 1991 must be considered when determining fees to be charged under this program.

A motor carrier whose principal place of business is located in a state not eligible to participate in this program shall not use its designation of a registration state for this program to afford itself any benefits of reciprocity agreements of that registration state.

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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