Current through Register Vol. 48, No. 3, March 22, 2024
1. When Registration and Identification
Required. A motor carrier shall not operate a vehicle or engage in driveaway
operations within the borders of South Carolina until the vehicle or driveaway
operations shall have been registered and identified with the Department in
accordance with the provisions of this rule, and there shall have been a
compliance with all other requirements of this subarticle.
2. Registration and Identification. At the
time of filing Form A-1, and on or before the thirty-first day of January each
calendar year, but not earlier than the preceding first day of November, such
motor carrier shall apply to the Department for the issuance of an
identification stamp or stamps for the registration and identification of the
vehicle or vehicles which it intends to operate, or driveaway operations which
it intends to conduct, within the borders of South Carolina. The motor carrier
may apply for such number of stamps as is sufficient to cover its vehicles or
driveaway operations which it anticipates will be placed in operation or
conducted during the period the stamps are effective. The motor carrier may
thereafter file one or more supplemental applications for additional stamps if
the need therefor arises or is anticipated.
3. Identification Stamps.
a. The application for the issuance of such
identification stamps shall be in the form set forth in Form B-1. (See Form B-1
in 38-447 Appendix.) The application shall be duly completed and executed by an
official of the motor carrier, and shall be accompanied by a fee of $5.00 for
each identification stamp requested.
b. If the Department determines that the
motor carrier has complied with all applicable provisions of these regulations,
the Department will issue to the motor carrier the number of identification
stamps requested.
c. The
identification stamp issued under the provisions of this rule by the Department
shall bear its initials, and an expiration date of the first day of February in
the succeeding calendar year. It shall be in the shape of a square, one inch
wide and one inch in height.
d. An
identification stamp issued under the provisions of this rule shall be used for
the purpose of identifying a vehicle or driveaway operations as being operated
or conducted by a motor carrier, and shall not be used for the purpose of
distinguishing between the vehicles operated by the same motor carrier. A motor
carrier receiving an identification stamp under the provisions of this
subarticle shall not knowingly permit the use of same by any other person or
organization.
4. Uniform
Identification Cab Card.
a. Motor carriers
shall apply to the NARUC (See Form C in 38-447 Appendix for proper application
form) for the issuance of a sufficient supply of Uniform Identification Cab
Cards For Vehicle Or Driveaway Operations Exempt From FHWA Regulation (See Form
D-1 in 38-447 Appendix for example of Cab Card) for use in connection with the
identification of the vehicle or vehicles which it intends to operate, or
driveaway operations which it intends to conduct, within the borders of South
Carolina during the ensuing year.
b. The NARUC will issue to the motor carrier
the number of cab cards requested. A motor carrier receiving a cab card under
the provisions of this rule shall not knowingly permit the use of same by any
other person or organization. Prior to operating a vehicle, or conducting a
driveaway operation, within the borders of South Carolina during the ensuing
year, the motor carrier shall place one of such identification stamps on the
back of a cab card in the square bearing the name of South Carolina in such a
manner that the same cannot be removed without defacing it. The motor carrier
shall thereupon duly complete and execute the form of certificate printed on
the front of the cab card so as to identify itself and such vehicle or
driveaway operation, and shall enter the appropriate expiration date in the
space provided below the certificate. Such expiration date shall be within a
period of 15 months from the date the cab card is executed and shall not be
later in time than the expiration date of any identification stamp placed on
the back thereof.
5.
Where Cab Card Maintained.
a. In the case of
a vehicle not used in a driveaway operation, the cab card shall be maintained
in the cab of such vehicle for which prepared whenever the vehicle is operated
by the carrier identified on the cab card. Such cab card shall not be used for
any vehicle except the vehicle for which it was originally prepared. A motor
carrier shall not prepare two or more cab cards which are effective for the
same vehicle at the same time.
b.
In the case of a driveaway operation, the cab card shall be maintained in the
cab of the vehicle furnishing the motive power for the driveaway operation
whenever such an operation is conducted by the carrier identified on the cab
card.
6. Replacement or
Substitute Vehicles. If a motor carrier permanently discontinues the use of a
vehicle because of destruction, loss, or transfer of ownership of a vehicle
owned by a carrier or because of destruction or loss of a vehicle operated by
the carrier under a lease of 30 consecutive days duration or more, the carrier
may transfer the cab card prepared for such vehicle to a newly acquired vehicle
purchased within 30 days of the date of such discontinuance or to a substitute
or replacement vehicle furnished by the same lessor by complying with the
following procedures:
a. Such motor carrier
shall duly complete and execute the form of certificate printed on the front of
a new cab card, so as to identify itself and the substitute vehicle and shall
enter the appropriate expiration date in the space provided below such
certificate;
b. Such motor carrier
shall indicate the date it terminated use of the discontinued vehicle by
entering same in the space provided for an early expiration date which appears
below the certificate of the cab card prepared for such vehicle; and
c. Such motor carrier shall affix the cab
card prepared for the substitute vehicle to the front of the cab card prepared
for the discontinued vehicle, by permanently attaching the upper left hand
corners of both cards together in such a manner as to permit inspection of the
contents of both cards and, thereupon, each identification stamp or number
appearing on the back of the card prepared for the discontinued vehicle shall
be deemed to apply to the operation of the substitute vehicle.
7. Must Present Cab Card for
Inspection Upon Demand. A cab card shall, upon demand, be presented by the
driver to any authorized government personnel for inspection.
8. When Identification Becomes Void.
a. The identification of a vehicle or
driveaway operation under the provisions of this rule and the identification
stamp evidencing same and the cab card prepared therefor shall become void on
the first day of February in the succeeding calendar year.
b. Any erasure, improper alteration, or
unauthorized use of cab card shall render it void.
c. Each motor carrier shall destroy a cab
card upon its expiration.
9. Replacing Cab Cards. If a cab card is
lost, destroyed, mutilated, or becomes illegible, a new cab card must be
prepared and a new identification stamp may be issued therefor upon application
by the motor carrier and upon payment of the fee prescribed.
