Current StatusView additional legislative information at the LPITS web site.Bill Number: 3932 Ratification Number: 230 Act Number 151 Introducing Body: House Subject: To enact the South Carolina Commercial Driver License Act
(A151, R230, H3932)
AN ACT TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 SO AS TO ENACT THE SOUTH CAROLINA COMMERCIAL DRIVER LICENSE ACT.
Be it enacted by the General Assembly of the State of South Carolina:
Purpose
SECTION 1. The purpose of this article is to implement the federal Commercial Motor Vehicle Safety Act of 1986 (CMVSA) (Title XII of Public Law 99-570) and reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by:
(1) permitting drivers to hold only one license;
(2) disqualifying drivers for certain criminal offenses and serious traffic violations; and
(3) strengthening licensing and testing standards.
South Carolina Commercial Driver License Act
SECTION 2. Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Article 13
South Carolina Commercial Driver License Act
Section 56-1-2010. This article may be cited as the South Carolina Commercial Driver License Act.
Section 56-1-2020. This article is a remedial law and must be construed liberally to promote the public health, safety, and welfare. To the extent that this article conflicts with general driver licensing provisions, this article prevails. Where this article is silent, the general driver licensing provisions apply.
Section 56-1-2030. As used in this article:
(1) 'Alcohol' means a substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol, and isopropanol.
(2) 'Alcohol concentration' means:
(a) the number of grams of alcohol for each one hundred milliliters of blood; or
(b) as determined by the South Carolina Law Enforcement Division for other bodily fluids.
(3) 'Commercial driver license' means a license issued in accordance with the requirements of the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570) to an individual which authorizes the individual to drive a class of commercial motor vehicle.
(4) 'Commercial Driver License Information System' means the information system established pursuant to the Commercial Motor Vehicle Safety Act of 1986 to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers.
(5) 'Commercial driver instruction permit' means a permit issued pursuant to Section 8(d) of this article.
(6) 'Commercial motor vehicle' means a motor vehicle designed or used to transport passengers or property if:
(a) the vehicle has a gross vehicle weight rating of twenty-six thousand one or more pounds;
(b) the vehicle is designed to transport sixteen or more persons, including the driver; or
(c) the vehicle is transporting hazardous materials and is required to be placarded in accordance with 49 C.F.R. part 172, subpart F.
(7) 'CMVSA' means the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570).
(8) 'Controlled substance' means a substance so classified under Section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)) listed on Schedules I through V of 21 C.F.R. part 1308, as revised from time to time.
(9) 'Conviction' means an unvacated adjudication of guilty, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.
(10) 'Disqualification' means a withdrawal of the privilege to drive a commercial motor vehicle.
(11) 'Drive' means to drive, operate, or be in physical control of a motor vehicle.
(12) 'Driver' means a person who drives a commercial motor vehicle, or who is required to hold a commercial driver license.
(13) 'Driver license' means a license issued to an individual which authorizes the individual to drive a motor vehicle.
(14) 'Employer' means a person, including the United States, a state, or a political subdivision of a state who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle.
(15) 'Endorsement' means a special authorization to drive certain types of vehicles or to transport certain types of property or a certain number of passengers.
(16) 'Felony' means an offense under state or federal law that is punishable by death or imprisonment for more than one year.
(17) 'Foreign jurisdiction' means a jurisdiction other than a state of the United States.
(18) 'Gross vehicle weight rating' means the actual weight or the value specified by the manufacturer as the maximum loaded weight of a single or a combination vehicle or the registered gross weight, whichever is greater. The gross vehicle weight rating of a combination vehicle (commonly referred to as the 'gross combination weight rating') is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of a towed unit.
(19) 'Hazardous materials' has the meaning as that found in Section 103 of the Hazardous Materials Transportation Act (49 U.S.C. 1801, et seq.).
(20) 'Motor vehicle' means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails, except a vehicle moved solely by human power and motorized wheelchairs.
(21) 'Out of service order' means a temporary prohibition against driving a commercial motor vehicle.
(22) 'Recreational vehicle' means a self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping, or travel purposes and is used solely as a family/personal conveyance.
(23) 'Restriction' means a prohibition against driving certain types of vehicles or a requirement that the driver comply with certain conditions when driving a motor vehicle.
(24) 'Serious traffic violation' means a conviction when operating a commercial motor vehicle of:
(a) excessive speeding, involving a single charge for a speed fifteen miles an hour or more above the speed limit;
(b) reckless, careless, or negligent driving, including charges of driving a commercial motor vehicle in a wilful or wanton disregard for the safety of persons or property;
(c) improper or erratic traffic lane changes;
(d) following the vehicle ahead too closely; or
(e) a violation of a state or local law related to motor vehicle traffic control, other than a parking violation, arising in connection with an accident or collision resulting in death or serious bodily injury to a person.
(25) 'State' means a state or territory of the United States and the District of Columbia and the federal government and a province or territory of Canada.
(26) 'Tank vehicle' means a vehicle that is designed to transport a liquid or gaseous material within a tank that either is attached permanently or temporarily to the vehicle and which has a capacity of one thousand gallons or more.
(27) 'United States' means the fifty states and the District of Columbia.
Section 56-1-2040. No person who drives a commercial motor vehicle may have more than one driver's license except during the ten-day period beginning on the date the person is issued a driver's license.
Section 56-1-2050. (A) Notification of Convictions.
(1) A driver holding a commercial driver license issued by this State, who is convicted of violating a state law or local ordinance relating to motor vehicle traffic control in any other state, other than a parking violation, shall notify the department in the manner specified by the department within thirty days of conviction.
(2) A driver holding a commercial driver license issued by this State, who is convicted of violating a state law or local ordinance relating to motor vehicle traffic control in this or any other state, other than a parking violation, shall notify his employer in writing of the conviction within thirty days of the conviction.
(B) A driver whose commercial driver license is suspended, revoked, or cancelled by a state, or who loses the privilege to drive a commercial motor vehicle in any state for any period, including being disqualified from driving a commercial motor vehicle, or who is subject to an out of service order, shall notify his employer of that fact before the end of the business day following the day the driver received notice of that fact.
(C) A person who applies to be a commercial motor vehicle driver shall provide the employer, at the time of the application, with the following information for the ten years preceding the date of application:
(1) a list of the names and addresses of the applicant's previous employers for which the applicant was a driver of a commercial motor vehicle;
(2) the dates between which the applicant drove for each employer;
(3) the reason for leaving that employer;
(4) any additional information required by the employer;
(5) certification that all information furnished is true and complete.
Section 56-1-2060. (A) Each employer shall require the information specified in Section 56-1-2050(C).
(B) No employer knowingly may allow, permit, or authorize a driver to drive a commercial motor vehicle during a period in which:
(1) the driver's commercial driver license is suspended, revoked, or cancelled by a state, has lost the privilege to drive a commercial motor vehicle in a state, is disqualified from driving a commercial motor vehicle, or is subject to an out of service order in a state; or
(2) the driver has more than one driver's license, except during the ten-day period beginning on the date the employee is issued a driver's license.
Section 56-1-2070. (A) Except as provided in subsection (B) or when driving under a commercial driver instruction permit and accompanied by the holder of a commercial driver license valid for the vehicle being driven, no person may drive a commercial motor vehicle on the highways of this State after April 2, 1992, unless the person has been issued, and is in immediate possession of, a valid commercial driver license and applicable endorsements valid for the vehicle which the person is driving.
(B) The following persons may operate commercial motor vehicles without a commercial driver's license:
(1) active duty military personnel and reservists and National Guard members who are on active duty while operating vehicles owned by the United States government, unless they are required by the owner of the vehicle to have a valid state driver's license;
(2) operators of a farm vehicle which is:
(a) controlled and operated by a farmer;
(b) used to transport agricultural products, farm machinery, farm supplies, or a combination of them to or from a farm;
(c) not used in the operation of a common or contract motor carrier; and
(d) used within one hundred fifty miles of the person's farm.
(3) persons operating authorized emergency vehicles as defined in Section 56-5-170.
(4) operators of recreational vehicles used solely for personal use.
(C) No person may drive a commercial motor vehicle on the highways of this State while his commercial driver license or privilege to drive is suspended, revoked, or cancelled, while subject to a disqualification, or in violation of an out of service order.
(D) A person violating these requirements must be punished as though convicted of a violation of Section 56-1-460.
Section 56-1-2080. (A) (1) No person may be issued a commercial driver license unless that person is a resident of this State and has passed a knowledge and skills test for driving a commercial motor vehicle which complies with the minimum federal standards established by 49 C.F.R. part 383, subparts G and H, and has satisfied all other requirements of the CMVSA as well as any other requirements imposed by state law or federal regulation. The tests must be prescribed and conducted by the department.
(2) The department may authorize a person, including an agency of this or another state, an employer, or a department, agency, or instrumentality of local government, to administer the skills test specified by this section if:
(a) the test is the same which otherwise would be administered by the department; and
(b) the third party has entered into an agreement with the department which contains at least the following provisions:
(i) authorization for the department or the Federal Highway Administration or its representatives to conduct random examinations, inspections, and audits without prior notice;
(ii) permission for the department or its representative to conduct onsite inspections at least annually;
(iii) a requirement that all third-party examiners meet the same qualifications and training standards as the department's examiners to the extent necessary to conduct the driving skill tests;
(iv) authorization for the department to charge a fee, as determined by the department, which is sufficient to defray the actual costs incurred by the department for administering and evaluating the employer testing program and for carrying out any other activities considered necessary by the department to assure sufficient training for the drivers participating in the program.
(B) The department may waive the skills test specified in this section for a commercial driver license applicant:
(1) whose driver's license has not been suspended or revoked within the previous two years;
(2) who has no more than four points against his driving record within the previous two years;
(3) who has not contributed to an accident within the previous two years;
(4) who has been licensed to operate the class of motor vehicle for which he is applying for a minimum of two years or who can provide proof that he was operating those vehicles for two years immediately preceding the date of application.
(C) A commercial driver license or commercial driver instructional permit may not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle or while the person's driver's license is suspended, revoked, or cancelled in any state, nor may a commercial driver license be issued to a person who has a commercial driver license issued by any other state unless the person first surrenders all those licenses, each of which must be returned to the issuing state for cancellation.
(D) (1) A commercial driver instruction permit may be issued to an individual who holds a valid Class 'D' license or who has passed the appropriate vision and written test for the type of commercial driver license sought.
(2) The holder of a commercial driver instruction permit, unless otherwise disqualified, may drive a commercial motor vehicle but only when accompanied by the holder of a commercial driver license with applicable endorsements which is valid for the type of vehicle driven, and who occupies a seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle.
(3) The commercial driver instruction permit may not be issued for longer than six months. Only one renewal or reissuance may be granted within a two-year period.
Section 56-1-2090. (A) The application for a commercial driver license or commercial driver instruction permit must include:
(1) the full name and both the current mailing and residential address of the person;
(2) a physical description of the person including sex, height, and weight;
(3) date of birth;
(4) the applicant's Social Security number;
(5) the person's signature;
(6) the person's consent to be photographed;
(7) certifications including those required by 49 C.F.R. part 383.71(a);
(8) any other information required by the department;
(9) a consent to release driving record information; and
(10) a nonrefundable application fee of fifteen dollars, except for public school bus drivers.
(B) When the holder of a commercial driver license changes his name, mailing address, or residence, an application for a renewal license must be made as provided in Section 56-1-230.
(C) No person who has been a resident of this State for thirty days or longer may drive a commercial motor vehicle under the authority of a commercial driver license or commercial driver instruction permit issued by another state.
(D) A person who knowingly falsifies information or certifications required under subsection (A) of this section is subject to cancellation of his commercial driver license and may not obtain a commercial driver license or commercial driver instruction permit for at least sixty consecutive days after the time he otherwise would be eligible for a commercial driver license or commercial driver instruction permit.
Section 56-1-2100. (A) The commercial driver license must be marked 'Commercial Driver License' or 'CDL', and must be, to the maximum extent practicable, tamper proof. It must include, but not be limited to, the following information:
(1) the name and residential address of the person;
(2) the person's color photograph;
(3) a physical description of the person including sex, height, and weight;
(4) date of birth;
(5) a number or identifier considered appropriate by the department;
(6) the person's signature;
(7) the class or type of commercial motor vehicles which the person may drive together with any endorsements or restrictions;
(8) the name of this State; and
(9) the dates between which the license is valid.
(B) The holder of a valid commercial driver license may drive all vehicles in the class for which that license is issued and all lesser classes of vehicles except motorcycles. Vehicles which require an endorsement may not be driven unless the proper endorsement appears on the license. Commercial driver licenses may be issued with the following classifications, endorsements, and restrictions:
(1) Classifications:
(a) Class A: a combination of vehicles with a gross vehicle weight rating of twenty-six thousand one pounds or more if the gross vehicle weight rating of the vehicle being towed is in excess of ten thousand pounds;
(b) Class B: a single vehicle with a gross vehicle weight rating of twenty-six thousand one pounds or more and any such vehicle towing a vehicle not in excess of ten thousand pounds;
(c) Class C: a single vehicle with a gross vehicle weight rating of less than twenty-six thousand one pounds and any such vehicle towing a vehicle with a gross vehicle weight rating not in excess of ten thousand pounds comprising:
(i) vehicles designed to transport sixteen or more persons, including the driver;
(ii) vehicles used in the transportation of hazardous material which require the vehicle to be placarded under 49 C.F.R. part 172, subpart F.
(2) Endorsements:
(a) 'H' authorizes the driver to drive a vehicle transporting hazardous material;
(b) 'T' authorizes driving double trailers;
(c) 'P' authorizes driving vehicles carrying passengers;
(d) 'N' authorizes driving tank vehicles;
(e) 'X' represents a combination of hazardous materials and tank vehicle endorsements.
(3) Restrictions:
'K' restricts the driver to vehicles not equipped with airbrakes.
(C) Before issuing a commercial driver license, the department must obtain driving record information through the Commercial Driver License Information System, the National Driver Register, and from each state in which the person has been licensed.
(D) Within ten days after issuing a commercial driver license, the department must notify the Commercial Driver License Information System of that fact, providing all information required to insure identification of the person.
(E) A commercial driver license issued by the department expires on the licensee's birth date on the fourth calendar year after the calendar year in which it is issued.
(F) Every person applying for renewal of a commercial driver license shall complete the application form required by Section 56-1-1990(A), providing updated information and required certifications. If the applicant wishes to retain a hazardous materials endorsement, the written test for a hazardous materials endorsement must be taken and passed again. The person shall submit to a vision test.
Section 56-1-2110. (A) A person is disqualified from driving a commercial motor vehicle for not less than one year if convicted of a first violation of:
(1) driving a commercial motor vehicle under the influence of alcohol, a controlled substance, or a drug which impairs driving ability;
(2) driving a commercial motor vehicle while the alcohol concentration of the person's blood or breath or other bodily substance is four-one hundredths or more;
(3) knowingly and wilfully leaving the scene of an accident involving a commercial motor vehicle driven by the person;
(4) using a commercial motor vehicle in the commission of a felony as defined in this article;
(5) refusal to submit to a test to determine the driver's alcohol concentration while driving a commercial motor vehicle.
If any of the above violations occur while transporting a hazardous material required to be placarded, the person is disqualified for not less than three years.
(B) A person is disqualified for life if convicted of two or more violations of any of the offenses specified in subsection (A) or a combination of those offenses, arising from two or more separate incidents.
(C) Only offenses committed after the effective date of this article may be considered in applying this subsection.
(D) The department may issue regulations establishing guidelines, including conditions, under which a disqualification for life under subsection (B) may be reduced to not less than ten years.
(E) A person is disqualified from driving a commercial motor vehicle for life who uses a commercial motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance or possession with intent to manufacture, distribute, or dispense a controlled substance.
(F) A person is disqualified from driving a commercial motor vehicle for not less than sixty days if convicted of two serious traffic violations or one hundred twenty days if convicted of three serious traffic violations, committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period.
(G) After suspending, revoking, or cancelling a commercial driver license, the department shall update its records to reflect that action immediately. After suspending, revoking, or cancelling a nonresident commercial driver's privilege, the department shall notify the licensing authority of the state which issued the commercial driver license or commercial driver instruction permit within ten days.
Section 56-1-2120. (A) A person may not drive a commercial motor vehicle within this State while having a measurable amount of alcohol in his body.
(B) A person who drives a commercial motor vehicle within this State while having a measurable amount of alcohol in his system or who refuses to submit to an alcohol test under Section 56-1-2130 must be placed out of service for twenty-four hours.
(C) A person who drives a commercial motor vehicle in this State with an alcohol concentration of four one-hundredths of one percent or more must be disqualified from driving a commercial motor vehicle under Section 56-1-2110.
Section 56-1-2130. (A) A person who drives a commercial motor vehicle within this State is considered to have given consent, subject to provisions of Section 56-5-2950, to take a test of that person's blood, breath, or urine for the purpose of determining that person's alcohol concentration or the presence of other drugs.
(B) Tests may be administered at the direction of a law enforcement officer, who after stopping or detaining the driver of a commercial motor vehicle, has probable cause to believe that the driver was driving a commercial motor vehicle while having a measurable amount of alcohol in his system.
(C) A person requested to submit to a test as provided in subsection (A) must be warned by the law enforcement officer requesting the test, that a refusal to submit to the test must result in that person being placed out of service immediately for twenty-four hours and being disqualified from operating a commercial motor vehicle for not less than one year under Section 56-1-2110.
(D) If the person refuses testing, or submits to a test which discloses an alcohol concentration of four one-hundredths of one percent or more, the law enforcement officer shall submit a report to the department certifying that the test was requested pursuant to subsection (A) and that the person refused to submit to testing, or submitted to a test which disclosed an alcohol concentration of four one-hundredths of one percent or more.
(E) Upon receipt of the report of a law enforcement officer submitted under subsection (D), the department shall disqualify the driver from driving a commercial motor vehicle under Section 56-1-2110.
Section 56-1-2140. Within ten days after receiving a report of the conviction of a nonresident holder of a commercial driver license for a violation of state law or local ordinance relating to motor vehicle traffic control, other than a parking violation, committed in a commercial motor vehicle, the department shall notify the driver licensing authority in the licensing state of the conviction.
Section 56-1-2150. A person may drive a commercial motor vehicle if the person has a commercial driver license issued by a state in accordance with the minimum federal standards for the issuance of commercial motor vehicle driver licenses, if the person's license is not suspended, revoked, or cancelled and if the person is not disqualified from driving a commercial motor vehicle.
Section 56-1-2160. An offense for which no specific penalty is provided by this article must be punished in accordance with Section 56-5-6190."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.