South Carolina Code of Regulations
Chapter 38 Department Of Public Safety
Article 1 Criminal Justice Academy
Subarticle 1 Law Enforcement Training
38-001. Authority of Deputy Director.
38-002. Application for Re-issuance of Certification.
38-003. Requirement of Good Character.
38-004. Denial of Certification for Misconduct.
38-005. Firearms Qualification Requirement.
38-007. Training Requirements for Basic Law Enforcement Certification.
38-008. Equivalent Training.
38-009. Separation from Law Enforcement Employment.
38-010. Reserve Police.
38-011. Traffic Radar Operator.
38-012. Application for Re-certification.
38-013. Continuing Law Enforcement Education Requirements for Re-certification.
38-014. Approval of Continuing Law Enforcement Education Hours for Re-certification Requirements.
38-015. Extension of Certification Renewal Date.
38-016. Withdrawal of Certification of Law Enforcement Officers.
38-017. Reporting of Events Requiring Withdrawal of Certification.
38-018. Investigation of Events Requiring Withdrawal of Certification; Notification to Officer.
38-019. Notification of Withdrawal of Certification.
38-020. Confidentiality of Notification.
38-021. Law Enforcement Emergency Vehicle Training Requirement.
38-022. Law Enforcement Emergency Vehicle Training Programs.
38-023. Notification of Training Compliance.
38-024. Continuing Training Requirement.
38-025. Approval of Training Programs.
38-026. Equivalent Law Enforcement Emergency Vehicle Training.
38-027. Effect of Failure to Comply.
Subarticle 3 E-911 System
38-061. Minimum Requirements for E-911 Operator Enrollment in Training.
38-062. Training Requirements for Certification.
38-063. Break in Service after Certification.
38-064. Separation from Employment.
38-065. Cost of Training.
Article 3 Division of Motor Vehicles
Subarticle 1 Special License Plates
38-100. Motor Vehicles License Plates for Members of Congress of the United States.
38-101. Issuance and Use of Specially Designated Motor Vehicle License Plates for Members of the South Carolina General Assembly.
38-102. Special License Plates for Various State Officials.
Subarticle 3 Administration and Enforcement of the Financial Responsibility Act and Laws Regarding Motor Vehicle Registration and Financial Security
38-120. Insurance Certification Required for Vehicle Licensing.
Subarticle 5 Protective Helmets, Face Shields and Windscreens
38-151. Requirements for Approval.
38-152. Certification and Approval.
Subarticle 11 Required Stops at Railroad Crossings
38-240. Vehicles Required to Stop at Railroad Crossings.
Subarticle 13 Release of Licensing and Registration Information
38-250. Establishing an Account.
38-251. Department Invoicing Procedures.
38-252. Delinquent Accounts.
38-253. Closing Accounts.
Article 5 State Transport Police Regulations
Subarticle 1 Unmanufactured Forest Products Trucking Regulations
38-382. Controlled Substances and Alcohol Use and Testing.
Subpart A. General
38-382.105. Testing procedures.
38-382.109. Preemption of State and local laws.
38-382.111. Other requirements imposed by employers.
38-382.113. Requirement for notice.
38-382.115. Starting date for testing programs.
38-382.117. Public interest exclusion.
38-382.119. Stand-down waiver provision (Company must file waiver with FMCSA.).
38-382.121. Employee admission of alcohol and controlled substances use.
Subpart B. Prohibitions
38-382.201. Alcohol concentration.
38-382.205. On-duty use.
38-382.207. Pre-duty use.
38-382.209. Use following an accident.
38-382.211. Refusal to submit to a required alcohol or controlled substances test.
38-382.213. Controlled substances use.
38-382.215. Controlled substances testing.
Subpart C. Tests Required
38-382.301. Pre-employment testing.
38-382.303. Post-accident testing.
38-382.305. Random testing.
38-382.307. Reasonable suspicion testing.
38-382.309. Return-to-duty testing.
38-382.311. Follow-up testing.
Subpart D. Handling of Test Results, Records Retention, and Confidentiality
38-382.401. Retention of records.
38-382.403. Reporting of results in a management information system.
38-38-382.405. Access to facilities and records.
38-382.407. Medical review officer notifications to the employer.
38-382.409. Medical review officer record retention for controlled substances.
38-382.411. Employer notifications.
38-382.413. Inquiries for alcohol and controlled substances information from previous employers.
Subpart E. Consequences for Drivers Engaging in Substance Use-Related Conduct
38-382.501. Removal from safety-sensitive function.
38-382.503. Required evaluation and testing.
38-382.505. Other alcohol-related conduct.
Subpart F. Alochol Misuse and Controlled Substances Use Information, Training, and Referral
38-382.601. Employer obligation to promulgate a policy on the misuse of alcohol and use of controlled substances.
38-382.603. Training for supervisors.
38-382.605. Referral, evaluation, and treatment.
38-383. Commercial Driver's License Standards; Requirements and Penalties.
Subpart A. General
38-383.1. Purpose and scope.
38-383.7. Validity of CDL issued by decertified State.
Subpart B. Single License Requirement
38-383.21. Number of drivers' licenses.
38-383.23. Commercial driver's license.
Subpart C. Notification Requirement
38-383.31. Notification of convictions for driver violations.
38-383.33. Notification of driver's license suspensions.
38-383.35. Notification of previous employment.
38-383.37. Employer responsibilities.
Subpart D. Driver Disqualifications and Penalties
38-383.51. Disqualification of drivers.
Subpart E. Testing and Licensing Procedures
38-383.71. Driver application procedures.
38-383.72. Implied consent to alcohol testing.
38-383.73. State procedures.
38-383.75. Third party testing.
38-383.77. Substitute for driving skills tests.
Subpart F. Vehicle Groups and Endorsements
38-383.91. Commercial motor vehicle groups.
38-383.95. Air brake restrictions.
Subpart G. Required Knowledge and Skills
38-383.110. General requirement.
38-383.111. Required knowledge.
38-383.113. Required skills.
38-383.115. Requirements for double/triple trailers endorsement.
38-383.117. Requirements for passenger endorsement.
38-383.119. Requirements for tank vehicle endorsement.
38-383.121. Requirements for hazardous materials endorsement.
Subpart H. Tests
38-383.131. Test procedures.
38-383.133. Testing methods.
38-383.135. Minimum passing scores.
Subpart I. Requirements for Transportation Security Administration Approval of Hazardous Materials
Subpart J. Commercial Driver's License Document
38-383.153. Information on the document and application.
38-383.155. Tamperproofing requirements.
Subpart A. General Applicability and Definitions
38-390.3. General applicability.
38-390.7. Rules of construction.
Subpart A. General Requirements and Information
38-390.9. State and local laws, effect on.
38-390.11. Motor carrier to require observance of driver regulations.
38-390.13. Aiding or abetting violations.
38-390.15. Assistance in investigations and special studies.
38-390.17. Additional equipment and accessories.
38-390.21. Marking of commercial motor vehicles.
38-390.31. Copies or records or documents.
38-390.33. Commercial motor vehicles used for purposes other than defined.
38-390.37. Violation and penalty.
38-391. Qualifications of Drivers.
Subpart A. General
38-391.1. Scope of the rules in 38-382; additional qualifications; duties of carrier-drivers.
Subpart B. Qualification and Disqualification of Drivers
38-391.11. General Qualifications of drivers.
38-391.13. Responsibilities of drivers.
38-391.15. Disqualification of drivers.
Subpart C. Background and Character
38-391.21. Application for employment.
38-391.23. Investigation and inquiries.
38-391.25. Annual inquiry and review of driving record.
38-391.27. Record of violations.
Subpart D. Tests
38-391.31. Road test.
38-391.33. Equivalent of road test.
38-391.53. Driver Investigation History File.
38-392. Driving of Commercial Motor Vehicles.
Subpart A. General
38-392.1. Scope of the rules in 38-382.
38-392.2. Applicable operating rules.
38-392.3. Ill or fatigued operator.
38-392.4. Drugs and other substances.
38-392.5. Alcohol prohibition.
38-392.6. Schedules to conform with speed limits.
38-392.7. Equipment, inspection and use.
38-392.8. Emergency equipment, inspection and use.
38-392.9. Inspection of cargo, cargo securement devices and systems.
Subpart B. Driving of Commercial Motor Vehicles
38-392.10. Railroad grade crossings; stopping required.
38-392.11. Railroad grade crossings; slowing down required.
38-392.14. Hazardous conditions; extreme caution.
38-392.16. Use of seat belts.
Subpart C. Stopped Commercial Motor Vehicles
38-392.22. Emergency signals; stopped commercial motor vehicles.
38-392.24. Emergency signals; flame-producing.
38-392.25. Flame producing devices.
Subpart D. Use of Lighted Lamps and Reflectors
38-392.33. Obscured lamps or reflectors.
Subpart F. Fueling Precautions
38-392.50. Ignition of fuel; prevention.
38-392.51. Reserve fuel; materials of trade.
Subpart G. Prohibited Practices
38-392.60. Unauthorized persons not to be transported.
38-392.66. Carbon monoxide; use of commercial motor vehicle when detected.
38-392.67. Heater, flame-producing; on commercial motor vehicle in motion.
38-392.71. Radar detectors; use and/or possession.
38-393. Parts and Accessories Necessary for Safe Operation.
Subpart A. General
38-393.1. Scope of the rules of 38-382.
38-393.3. Additional equipment and accessories.
38-393.7. Matter incorporated by reference.
Subpart B. Lighting Devices, Reflectors, and Electrical Equipment
38-393.9. Lamps operable.
38-393.11. Lighting devices and reflectors.
38-393.13. Retroreflective sheeting and reflex reflectors, requirements for semitrailers and trailers manufactured before December 1, 1993.
38-393.19. Requirements for turn signaling systems.
38-393.20. Clearance lamps to indicate extreme width and height.
38-393.22. Combination of lighting devices and reflectors.
38-393.23. Lighting devices to be electric.
38-393.24. Requirements for head lamps and auxiliary road lighting lamps.
38-393.25. Requirements for lamps other than head lamps.
38-393.26. Requirements for reflectors.
38-393.27. Wiring specifications.
38-393.28. Wiring to be protected.
38-393.30. Battery installation.
38-393.31. Overload protective devices.
38-393.32. Detachable electrical connections.
38-393.33. Wiring, installation.
Subpart C. Brakes
38-393.40. Required brake systems.
38-393.41. Parking brake system.
38-393.42. Brakes required on all wheels.
38-393.43. Breakaway and emergency braking.
38-393.45. Brake tubing and hose, adequacy.
38-393.46. Brake tubing and hose connections.
38-393.47. Brake lining.
38-393.48. Brakes to be operative.
38-393.49. Single valve to operate all brakes.
38-393.50. Reservoirs required.
38-393.51. Warning devices and gauges.
38-393.52. Brake performance.
38-393.53. Automatic brake adjusters and brake adjustment indicators.
Subpart D. Glazing and Window Construction
38-393.60. Glazing in specified openings.
38-393.62. Window obstructions.
Subpart E. Fuel Systems
38-393.65. All fuel systems.
38-393.67. Liquid fuel tanks.
38-393.69. Liquefied petroleum gas systems.
Subpart F. Coupling Devices and Towing Methods
38-393.70. Coupling devices and towing methods, except for driveaway towaway operations.
38-393.71. Coupling devices and towing methods, driveaway towaway operations.
Subpart G. Miscellaneous Parts and Accessories
38-393.76. Sleeper berths.
38-393.78. Windshield wipers.
38-393.79. Defrosting device.
38-393.80. Rear vision mirrors.
38-393.83. Exhaust systems.
38-393.86. Rear end protection.
38-393.87. Flags on projecting loads.
38-393.88. Television receivers.
38-393.93. Seats, seat belt assemblies, and seat belt assembly anchorages.
Subpart H. Emergency Equipment
38-393.95. Emergency equipment on all power units.
Subpart I. Protection Against Shifting or Falling Cargo
38-393.100. Which types of commercial motor vehicles are subject to the cargo securement standards of this subpart, and what general requirements apply?
38-393.102. What are the minimum performance criteria for cargo securement devices and systems?
38-393.104. What standards must cargo securement devices and systems meet in order to satisfy the requirements of this subpart?
38-393.106. What are the general requirements for securing articles of cargo?
38-393.108. How is the working load limit of a tiedown determined?
38-393.110. What else do I have to do to determine the minimum number of tiedowns?
38-393.112. Must a tiedown be adjustable?
Specific Securement Requirements by Commodity Type
38-393.114. What are the requirements for front end structures used as part of a cargo securement system?
38-393.116. What are the rules for securing logs?
38-393.118. What are the rules for securing dressed lumber or similar building products?
38-393.128. What are the rules for securing automobiles, light trucks and vans?
38-393.130. What are the rules for securing heavy vehicles, equipment and machinery?
Subpart J. Frames, Cab and Body Components, Wheels, Steering, and Suspension Systems
38-393.203. Cab and body components.
38-393.207. Suspension systems.
38-393.209. Steering wheel systems.
38-396. Inspection, Repair, and Maintenance.
38-396.3. Inspection, repair, and maintenance.
38-396.7. Unsafe operations forbidden.
38-396.9. Inspection of motor vehicles in operation.
38-396.17. Periodic inspection.
38-396.19. Inspector qualifications.
38-396.21. Periodic inspection recordkeeping requirements.
38-396.23. Equivalent to periodic inspection.
Subarticle 2 General
38-400. Authorization of Rules.
38-401. Application of Rules.
38-402. Definitions of Terms.
38-403. Regulated Carriers Must Maintain Copy of Motor Vehicle Carrier Law and Department's Rules and Regulations.
Subarticle 3 Classification of Motor Carriers
38-404. Class "E-LC" Motor Carrier--Certificate of Compliance.
38-405. Class "E-L" Motor Carrier--Certificate of Compliance.
38-406. Clarification of Sec. 58-23-620.
Subarticle 4 Exemptions From Regulation
38-407. Motor Carriers Exempt from Economic Regulations.
38-408. Occasional Trip Defined.
Subarticle 5 Application Procedures for Certificates
38-409. Applications Required.
38-410. Responsibility Fixed.
38-411. Marking or Identification of Vehicles.
Subarticle 6 Insurance Policies and Surety Bonds
38-412. Insurance Policy or Surety Bond Required.
38-413. Filing Evidence of Bodily Injury and Property Damage Insurance Policy or Surety Bond.
38-414. Schedule of Minimum Limits.
38-415. Cargo Insurance or Surety Bond Required of Motor Carrier.
38-416. Filing Evidence of Cargo Insurance or Surety Bond.
38-417. Revocation of Certificate
38-418. Cancellation of Insurance or Surety Bond.
38-419. Name of Insured.
38-420. Number of Copies Required.
38-421. Coverage to Be Continuous.
38-422. Department to Prescribe Forms.
Subarticle 7 Motor Carrier Safety Regulations
38-424. Safety Rules and Regulations.
38-425. Current Copies of Rules Must Be Maintained.
38-426. Failure to Meet Safety Standards.
38-427. Inspection of Records, Vehicles and Equipment.
Subarticle 8 Single State, Registration System for Interstate Motor Carriers Operating for Hire
38-429. Participation by States.
38-430. Registration Process.
38-431. Proof of Insurance.
38-432. Registration Receipts.
38-435. Acquisition of FHWA Authority After Holding Exempt Authority.
Subarticle 9 Registration of Operations by For-Hire Interstate Motor Carriers of Property Exempt from Economic Regulation by the Federal Highway Administration
38-438. Registration of Motor Carrier Operations Exempt from Economic Regulation of FHWA.
38-439. Designation of Process Agent.
38-440. Registration and Identification of Vehicles.
38-441. Evidence of Liability Security.
38-442. Notice of Security Cancellation.
38-446. Grounds for Revocation of Certificate.
Subarticle 10 Appendix
38-447. Appendix of forms
Subarticle 11 International Fuel Tax Agreement (IFTA) Regulations
38-480. Trip Permits.
38-481. Reciprocal Agreements with Foreign Jurisdictions.
38-482. Posting of Bond When Tax Payment Past Due.
Subarticle 12 International Registration Plan (IRP) Regulations
38-500. Seventy-Two Hour Trip Permits.
38-501. Late Fine Charges.
38-502. Temporary Authorities or Permits.
38-503. Renewal Applications.
Article 7 Highway Patrol
Subarticle 1 Wrecker Regulations
Subarticle 1 Wrecker Regulations
38-600. Regulation of Wrecker Services.
Subarticle 3 Window Tinting
38-621. Installer to Apply Non-Transferrable Approval Certificate.
Article 9 In-Car Camera Videotaping Equipment
38-901. Installation and Maintenance of Videotaping Equipment in Traffic Enforcement Vehicles.
38-902. Inventory of Videotaping Equipment.
Article 11 Contact Information From Traffic Stops
38-1000. Contact Information From Traffic Stops.