South Carolina Code of Regulations
(Unannotated)
Current through State Register Volume 31, Issue 9, effective September 28, 2007.
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CHAPTER 38.
DEPARTMENT OF PUBLIC SAFETY
(Statutory Authority: 1976 Code Sections 23-6-10 et seq. and 23-47-20(C)(15))
A. The Deputy Director of the Criminal Justice Academy Division (Academy) of the Department of Public Safety (Department) is authorized to issue orders directing that public law enforcement agencies and law enforcement officers certified in this state comply with Article 9, Chapter 6 of Title 23, Code of Laws of South Carolina, 1976, as amended, and the regulations promulgated pursuant thereto.
B. All orders so issued shall be reviewed and ratified by the Director of the Department prior to their issuance.
38-002. Application for Re-issuance of Certification.
All applications for re-issuance of law enforcement certification shall be submitted within fifteen days after hiring on a form prescribed by the Department.
Every agency who requests certification of any class of law enforcement officer shall conduct a background investigation in accordance with guidelines issued by the Department.
B. Certification to the Department.
Every agency who requests certification of any class of law enforcement officer shall certify to the Department that, in the opinion of the employing agency, the candidate is of good character and has not engaged in misconduct as defined in R.38-004.
C. Availability of Background Information.
Information obtained in any background investigation made in response to these regulations, shall be available, upon request, to the Department for its review and to any future prospective law enforcement employers to assist them in a determination of an applicant's good character for law enforcement certification.
A. The Department may deny certification based on evidence satisfactory to the Department that the candidate has engaged in misconduct. For purposes of this section, misconduct means:
1. Conviction, plea of guilty, plea of no contest or admission of guilt (regardless of withheld adjudication) to a felony, a crime punishable by a sentence of more than one year (regardless of the sentence actually imposed, if any), or a crime of moral turpitude in this or any other jurisdiction;
2. Unlawful use of a controlled substance;
3. The repeated use of excessive force in dealing with the public and/or prisoners;
4. Dangerous and/or unsafe practices involving firearms, weapons, and/or vehicles which indicate either a willful or wanton disregard for the safety of persons or property;
5. Physical or psychological abuses of members of the public and/or prisoners;
6. Misrepresentation of employment-related information;
7. Dishonesty with respect to his/her employer;
8. Untruthfulness with respect to his/her employer.
B. In considering whether to deny certification based on misconduct, the Department may consider the seriousness, the remoteness in time and any mitigating circumstances surrounding the act or omission constituting or alleged to constitute misconduct.
Each law enforcement agency shall maintain proof of completion of a firearms qualification program and keep on file, available for inspection, proof that the firearms qualification program was administered by an Academy accredited firearms instructor.
Certification will occur upon the successful completion of the prescribed training course as set out in 38-007. No candidate may be certified in more than one class at any one time and certification shall be that required for the most recent employing agency.
38-007. Training Requirements for Basic Law Enforcement Certification.
A. Class 1 Certifications
1. Candidates for basic certification as law enforcement officers with full powers shall successfully complete a training program as approved by the Department and will be certified as Class 1-LE.
2. Candidates for basic certification as both law enforcement officers with full powers and as local detention facility officers (jailers) shall successfully complete the requirements to be certified as Class 1-LE and Class 2-LCO and will be certified as Class 1-LECO.
B. Class 2 Certifications
1. Candidates for basic certification as local detention facility officers (jailers) shall successfully complete a training program as approved by the Department and will be certified as Class 2-LCO.
2. Candidates for basic certification as correctional officers with the Department of Corrections shall successfully complete a training program as approved by the Department and will be certified as Class 2-SCO.
3. Candidates for basic certification as juvenile correction officers with the Department of Juvenile Justice shall successfully complete a training program as approved by the Department and will be certified as Class 2-JCO.
C. Class 3 Certifications. Candidates for basic certification as law enforcement officers with limited powers of arrest or special duties shall successfully complete a training program as approved by the Department and will be certified as Class 3-SLE.
All candidates who have received law enforcement training in other states shall submit satisfactory proof of successful completion and a verified copy of the courses taken. Training will be reviewed on a case by case basis and each candidate will be given credit for any training deemed to be equivalent to training offered by the Academy. All candidates must satisfy legal and firearms training as well as remedy any deficiencies in prior training.
B. Federal Training
All candidates who have received law enforcement training with U.S. federal agencies shall submit satisfactory proof of successful completion and a verified copy of the courses taken. Training will be reviewed on a case by case basis and each candidate will be given credit for any training deemed to be equivalent to training offered by the Academy. All candidates must satisfy legal and firearms training as well as remedy any deficiencies in prior training.
C. Military Training
All candidates who have received law enforcement training as U.S. military police shall submit satisfactory proof of successful completion and a verified copy of the courses taken. Training will be reviewed on a case by case basis and each candidate will be given credit for any training deemed to be equivalent to training offered by the Academy. All candidates must satisfy legal and firearms training as well as remedy any deficiencies in prior training.
D. Prior Training with Break in Service
1. All certification lapses when an individual terminates active law enforcement duty.
2. A candidate with a break in service of less than one year will be re-certified by the Academy upon receiving a request by his department and upon providing proof of no disabilities at law.
3. A candidate with a break in service of one year but less than three years will be re-certified upon submission of the application with appropriate documents as set out in R.38-100 and the completion of legal education and firearms training requirements.
4. A candidate with a break in service of three years or more must complete all the requirements of R.38-002, R. 38-005 and R. 38-006.
5. When a candidate becomes subject to new training requirements, as set forth in R.38-007, as a result of a transfer from one agency to another with different training requirements, the candidate must successfully complete the training requirements for the class of certification the candidate will occupy with the new agency.
6. A candidate who has been continuously certified in this state, in any class, and who transfers to a class in which he/she has been previously certified, will be certified in the prior class upon successful completion of the firearms qualification requirement.
38-009. Separation from Law Enforcement Employment.
A. All law enforcement agencies and other employers of law enforcement officers are required to notify the Department when an officer leaves the employment of the agency/employer, regardless of the reason for the separation within 15 days of separation.
B. Such notification shall take place on a form as prescribed by the Department, contain the facts and circumstances leading to the separation, and be for the Department's confidential use and subsequent safekeeping.
C. In the event that such notification contains allegations of misconduct, a copy of such notice shall be sent to the law enforcement officer and the officer shall be informed of the provisions of Section 23-6-460 and allowed to file a response for the Department's use and safekeeping.
D. A willful failure by law enforcement agencies and other employers of law enforcement officers to supply the facts and circumstances of separation shall subject the violator to a civil penalty as provided by law.
In addition to the definition required by law, a "reserve" officer is not paid by the agency for which the officer performs law enforcement duties.
B. Documentation and Reporting
1. Each agency having a reserve law enforcement officer program shall keep on file, available for inspection, all documentation required for regularly salaried law enforcement officers and as set out in R.38-002.
2. Each agency shall certify to the Department, using a form as prescribed by the Department, that such documentation is on file in the agency.
C. In-Service Requirement
Each agency having a reserve law enforcement officer program shall keep on file, and make available for inspection, documentation that each reserve officer has completed the in-service requirement as required by law.
D. Transfers
1. A reserve officer who desires to transfer to regular law enforcement status shall complete all the requirements as set forth by law and under R.38-008 as appropriate for the class of certification which the reserve officer will occupy.
2. A certified law enforcement officer who transfers to reserve status for a period of time not to exceed three years, shall be deemed to have no break in service as defined in R.38-008. Should the period of time exceed three years, the officer shall be deemed to have a break in service and shall complete all the requirements as set forth by law and under R.38-007, as appropriate for the class of certification which the reserve officer will occupy.
E. Operational Procedures
Any law enforcement agency wishing to establish a Reserve Officer program must meet minimum department sponsored certification criteria as required by SCDPS.CJAD Standards Section.
Only Class 1 certified law enforcement officers and appointed reserve officers may be accredited as traffic radar operators.
B. Accreditation
To be accredited as a traffic radar operator, a law enforcement officer must complete a course of training taught by a certified law enforcement traffic radar instructor.
An application for re-certification must be submitted on a form approved by the Department and is deemed complete when the form, with the necessary information as set out in R.38-013, is received by the Department.
38-013. Continuing Law Enforcement Education Requirements for Re-certification.
A. Eligibility
No law enforcement officer is eligible for re-certification unless, in addition to the requirements of R.38-012, the officer has successfully completed, at a minimum, the number of approved continuing law enforcement education hours as appropriate for the officer's certification class, as specified in R.38-007. Such education hours shall be designated as Continuing Law Enforcement Education (CLEE) hours in the context of these regulations.
B. Class 1 Re-certification Requirements:
1. Officers possessing a current Class 1-LE Certification shall be required to obtain forty CLEE hours in a three year period. The forty CLEE hours shall consist of at least one legal update course and one domestic violence course, presented or approved by the Academy, each year of the three year period. The remaining required CLEE hours in the three year period may come from any source approved by the Academy.
2. Officers possessing a current Class 1-LECO certification shall be required to complete the number of hours of in-service instruction per year as specified by the Jail Standards Committee and approved by the Department. Each officer shall also be required to complete at least one legal update course and one domestic violence course, presented or approved by the Academy, each year of the three year period.
C. Class 2 Re-certification Requirements:
1. Officers possessing a current Class 2-LCO Certification shall be required to complete the number of hours of in-service instruction per year as specified by the Jail Standards Committee and approved by the Department.
2. Officers possessing a current Class 2-SCO Certification shall be required to complete a Department approved agency in-service program of at least forty hours every three years. At least one course each year shall be a legal update course.
3. Officers possessing a current Class 2-JCO certification shall be required to complete a Department approved agency in-service program of at least forty hours every three years. At least one course each year shall be a legal update course.
D. Class 3 Re-certification Requirements:
Officers possessing a current Class 3 Certification shall be required to complete at least one legal update course, presented by the Academy, each year of the three year period.
38-014. Approval of Continuing Law Enforcement Education Hours for Re-certification Requirements.
A. The Department shall approve courses for CLEE hours toward officer re-certification upon application made on a form approved by the Department and containing the following information concerning the courses.
1. The name of the course sponsor and its address;
2. The course agenda showing the actual number of hours of instruction;
3. A listing of course faculty with educational and professional credentials for each faculty member;
4. A copy of the course written materials, including a lesson plan and any test instruments which will be used;
5. Any supporting material which the course offeror wishes to submit for the Department's consideration.
B. The Department shall maintain a listing of courses which are approved for CLEE hours towards officer re-certification and shall indicate after each course the number of CLEE hours for which the course is approved. The listing shall be updated on an annual basis.
C. Courses, once approved, shall be added to the listing maintained by the Department. In order to receive continuing approval for course offerings, the offeror of each course must provide, on each successive second anniversary of the course's being placed on the listing, an updated application form and supporting documentation as stated in paragraph (A) of this section. Failure to comply with this requirement shall result in the course being removed from the listing and having its approval withdrawn.
A certified law enforcement officer who is unable to complete the requirements of R.38-013 within the three year period specified will be granted an extension to his/her renewal date in the following cases:
A. Military Leave. Any officer called to active military duty for a period of more than thirty consecutive days shall be granted an extension to his/her renewal date, as specified in Section 23-6-440(C) of the South Carolina Code of Laws, for the duration of the active duty, plus ninety days.
B. Medical, Disability or Administrative Leave.
1. Any officer who is on disability leave, medical leave, administrative leave as a result of an assault by an inmate, patient or client, or other administrative leave granted by the employing agency, with or without pay, for a period of more than thirty consecutive days, shall be granted an extension to his/her renewal date, as specified in Section 23-6-440(C) of the South Carolina Code of Laws, for the duration of the leave, provided such extension does not exceed one year.
2. Any officer on medical leave, disability leave, administrative leave as a result of an assault by an inmate, patient or client, or other administrative leave granted by the employing agency, for a period of one year or more shall be treated under R.38-008(D)(3) or (4).
C. Eligibility and Application for Extension of Renewal Date.
1. Only officers whose law enforcement responsibilities have been suspended will be eligible for an extension of renewal date.
2. Application by the employing agency for an extension of renewal date shall be made within forty-five days of the beginning of military leave, medical leave, disability leave, administrative leave as a result of an assault by an inmate, patient or client, or other administrative leave granted by the employing agency, on a form prescribed by the Department.
3. Notification by the employing agency of a return to active law enforcement duty shall be made within fifteen days of return to active law enforcement duty on a form prescribed by the Department.
38-016. Withdrawal of Certification of Law Enforcement Officers.
A. A law enforcement officer, certified pursuant to the provisions of R.38-007 and R.38-008, shall have his or her certification as a law enforcement officer withdrawn by the Department upon the occurrence of any one or more of the following events:
1. The officer is found to have falsified any application for certification and training based upon which the officer was admitted for training.
2. The officer is found to be ineligible for service as a law enforcement officer because of his or her failure to meet prerequisite qualifications for training and certification, as set by law, even though such ineligibility is not discovered until after the officer's initial certification.
3. The officer is convicted of a criminal offense under the law of any jurisdiction which would, by the laws of this State, disqualify the officer from obtainment of certification as provided for in R.38-007 and R.38-008.
4. Evidence satisfactory to the Department that the officer has engaged in misconduct. For purposes of this section, misconduct means:
a. Conviction, plea of guilty, plea of no contest or admission of guilt (regardless of withheld adjudication) to a felony, a crime punishable by a sentence of more than one year (regardless of the sentence actually imposed, if any), or a crime of moral turpitude;
b. Unlawful use of a controlled substance;
c. The repeated use of excessive force in dealing with the public and/or prisoners;
d. Dangerous and/or unsafe practices involving firearms, weapons, and/or vehicles which indicate either a willful or wanton disregard for the safety of persons or property;
e. Physical or psychological abuses of members of the public and/or prisoners;
f. Misrepresentation of employment-related information;
g. Dishonesty with respect to his/her employer;
h. Untruthfulness with respect to his/her employer.
i. Violations of criminal law resulting from administrative inquiries.
Provided however that in considering whether to withdraw certification based on misconduct, the Department may consider the seriousness, frequency and any mitigating circumstances surrounding the act or omission constituting or alleged to constitute misconduct.
B. The officer's certification expires due to the officer's failure to meet re-certification requirements as set out in R. 38-013.
38-017. Reporting of Events Requiring Withdrawal of Certification.
A. It shall be the responsibility of the sheriff or the chief executive officer of every law enforcement agency or department within the State to report to the Department the occurrence of any event, or series of events, set forth in R.38-016 which requires the withdrawal of certification of a law enforcement officer who is currently or was last employed by his or her agency.
B. The report shall be made within fifteen days of the final agency or department action resulting from the internal investigation conducted by the agency or department, and shall be on a form prescribed by the Department.
C. A willful failure to report information shall subject the violator to a civil penalty as provided by the Department.
D. Only events which are determined as founded by the department or agency shall be reported as provided herein above.
38-018. Investigation of Events Requiring Withdrawal of Certification; Notification to Officer.
A. Upon receipt of a report pursuant to R.38-017A, the Department shall initiate an investigation into reported events which require withdrawal of the law enforcement officer's certification.
B. The Department may suspend the certification of any law enforcement officer pending the outcome of an investigation initiated pursuant to paragraph (A) above.
C. A law enforcement officer who is the subject of an investigation shall be notified of its initiation on a form prescribed by the Department, sent by certified mail to the current address on file at the Academy, return receipt requested, as soon as practicable after the investigation is initiated.
D. Duplicate of such notice shall be sent, in the same manner prescribed in paragraph (C) above, to the current sheriff or chief executive officer of the employing agency or department of the law enforcement officer.
E. The Department may direct that the investigation, on its behalf, be conducted. The investigation shall be sent to the Department for its confidential use and review.
F. Where the Department's investigation indicates that withdrawal of the law enforcement officer's certification is not warranted, the Department shall notify the law enforcement officer and the sheriff or chief executive officer of the employing law enforcement agency of its finding, in accordance with the notice provisions of paragraphs (C) and (D) above.
G. Where the Department's investigation indicates that withdrawal of the law enforcement officer's certification is warranted, the Department shall proceed in accordance with R.38-019.
38-019. Notification of Withdrawal of Certification.
A. Prior to the withdrawal of a law enforcement officer's certification pursuant to R.38-016, the Department shall notify the officer whose certification is to be withdrawn on a form prescribed by the Department sent by registered mail, to the current address on file at the Academy, return receipt requested, to the officer.
B. Such notice shall be provided to the officer ten days in advance of the effective date of withdrawal of the certification.
C. Duplicate of such notice shall be sent in the same manner as in paragraph (A) above, to the current sheriff or the chief executive officer of the law enforcement agency or department of the law enforcement officer.
All notifications to law enforcement officers and their respective employing law enforcement agencies pursuant to R.38-017, R.38-018 and R.38-019 shall be handled in a confidential and sensitive manner.
38-021. Law Enforcement Emergency Vehicle Training Requirement.
A. Every agency which employs one or more law enforcement officers who use emergency vehicles shall make provision for the training set out in R.38-022 as appropriate for each such officer's law enforcement duty requirements prior to any such officer's certification as qualified by the Department.
B. Officers holding valid certification on the effective date of these regulations must successfully complete the training set out in R.38-022, as is appropriate for such officer's law enforcement duty requirements within 180 days of such date.
38-022. Law Enforcement Emergency Vehicle Training Programs.
A. Non-Emergency Response Training
1. Every law enforcement officer who drives or operates an emergency vehicle shall successfully complete a course of instruction as prescribed by the Department relating to non-emergency operation of the law enforcement emergency vehicle.
2. Every agency required to make provision for the training prescribed in R.38-022(A)(1) shall promulgate written policy and procedure concerning non-emergency vehicle response, consistent with the provisions of the course of instruction prescribed by the Department, which shall be included as part of the training program provided to its officers.
B. Emergency Response Training
1. Every Class 1 law enforcement officer and any other law enforcement officer who drives or operates a law enforcement emergency vehicle in response to an emergency, as defined in these regulations, shall successfully complete a course of instruction as prescribed by the Department relating to emergency response operation of the law enforcement emergency vehicle.
2. Every agency required to make provision for the training prescribed in R.38-022(B)(1) shall promulgate written policy and procedure concerning emergency response with the law enforcement emergency vehicle, consistent with the provisions of the course of instruction prescribed by the Department, which shall be included as part of the training program provided to its officers.
C. Pursuit Training
1. Every Class 1 law enforcement officer and any other law enforcement officer who drives or operates a law enforcement emergency vehicle in pursuit of an actual or suspected violator of the law, as defined in these regulations, shall successfully complete a course of instruction as prescribed by the Department relating to pursuit operation of the law enforcement emergency vehicle.
2. Every agency required to make provision for the training prescribed in R.38-022(C)(1) shall promulgate written policy and procedure concerning pursuit operation of the law enforcement emergency vehicle, consistent with the provisions of the course of instruction prescribed by the Department which shall be included as a part of the training program provided to its officers.
A. Every agency required to conduct training pursuant to R.38-022 shall provide proof of completion of the required training programs, including appropriate instruction in the written policies and procedures of the agency concerning operation of the law enforcement emergency vehicle as required by R.38-022.
B. A law enforcement officer who transfers from one agency to another shall be required to successfully complete the training program appropriate for the agency to which transfer has occurred, in accordance with R.38-022. Provided, however, that an officer who has successfully completed a training program pursuant to R.38-022 within a period of one year of the date of transfer to another agency, where the successfully completed program is appropriate for the officer's law enforcement duty with the agency to which transferred, shall not be required to complete another training program upon such a transfer, but rather the employing agency to which transferred shall provide appropriate instruction to the transferred officer in the written policies and procedures of the agency concerning operation of the law enforcement emergency vehicle as required by R.38-022. This training shall be reported to the Department as required in R.38-023(A).
A. The training required by R.38-022 shall be conducted on a continuing basis no less frequently than annually. Every agency shall report, on the form prescribed by the Department, the provision of appropriate training on or before the expiration of the current certification. Nothing in these regulations shall be construed to prohibit such training on a basis more frequently than annually.
B. Officers successfully completing appropriate required emergency vehicle training shall be provided CLEE hours in accordance with R.38-013 appropriate for the number of hours of instruction received.
A. All agencies required to conduct training programs pursuant to R.38-022 shall, prior to initiation of the required training, submit training materials as required by the Department to the Academy for review and approval.
B. CLEE hours shall be awarded only for materials properly submitted and approved by the Department.
38-026. Equivalent Law Enforcement Emergency Vehicle Training.
Training provided by other states, the federal government or private training providers, will be evaluated in a fashion consistent with the provisions of R.38-008. In each instance where an agency or officer submits a request for credit for equivalent training, the employing agency must provide verification that appropriate instruction in the written policies and procedures of the agency has occurred, in accordance with the directives of R.38-023(B) regarding transferred officers.
A. Any agency which willfully fails to comply with the directives of R.38-021 through 38-026, shall be subject to a civil penalty as provided by law.
B. Any law enforcement officer found not to be in compliance with the directives of R.38-021 through 38-026, shall have his or her certification as a law enforcement officer withdrawn in accordance with R.38-016(A)(2) and his or her authority to exercise law enforcement powers shall cease, and the officer's certification shall be deemed to have lapsed.
For purposes of R.38-021 and 38-022, the following definitions shall apply:
A. Emergency: A sudden or unexpected occurrence involving an imminent threat to human life or immediate potential for extreme property damage under conditions requiring immediate response to curtail imminent harm to human life.
With respect to the suspected commission of a criminal offense and law enforcement response to such offense, the classification of the crime as felony or misdemeanor shall not be the sole determinative factor of whether an emergency is present; but rather all known factors, in accordance with the first paragraph above, will be weighed in a determination of whether an emergency exists.
B. Non-Emergency: A situation involving conditions routinely encountered in line of law enforcement duty which does not pose an imminent threat to human life or immediate potential for extreme property damage which would require immediate response to curtail harm to human life.
C. Pursuit: An event involving a law enforcement officer attempting to apprehend a person in a motor vehicle while that person is trying to avoid capture by willfully failing to yield to the officer's signal to stop. It also includes the closing of the distance between a law enforcement vehicle and the violator's vehicle under circumstances where the violator is not yet aware of the law enforcement action.
D. Emergency Response: The driving of a law enforcement emergency vehicle by a law enforcement officer in response to an emergency, as defined herein, where the response is conducted in accordance with state law and department policy.
E. Non-Emergency Response: The driving of a law enforcement emergency vehicle by a law enforcement officer in response to a non-emergency, as defined herein. This response involves operation of the law enforcement emergency vehicle in all modes other than emergency response or pursuit mode.
F. Law Enforcement Emergency Vehicle: A motor vehicle, as defined by the laws of this state, whether marked or unmarked, used by a law enforcement agency in the conduct of law enforcement operations, in accordance with state law and department policy.
A. "Operator" means a telecommunications operator or dispatcher employed in an E-911 system.
B. "Agency" means local government or public safety agency employing operators.
C. "Director" means the Director of the South Carolina Department of Public Safety.
D. "Academy" means the Division of Training and Continuing Education of the South Carolina Department of Public Safety.
38-061. Minimum Requirements for E-911 Operator Enrollment in Training.
A. All agencies having operators as candidates for training and certification shall submit to the Academy, the following:
1. an application under oath in a format prescribed by the Director;
2. evidence satisfactory to the Director that the candidate possesses a high school diploma or equivalent recognized and accepted by the South Carolina Department of Education;
3. evidence satisfactory to the Director that the candidate's present age is not less than eighteen years;
4. evidence satisfactory to the Director that the candidate has not been convicted of any criminal offense that carries a possible sentence of more than one year.
B. Nothing in this regulation shall be construed to preclude any agency from establishing qualifications or standards for hiring that exceed these minimum standards.
A. Candidates for certification as operators shall successfully complete a prescribed course of training as approved by the Director and will be certified as Class 4-TCO.
B. Candidates employed as operators on the effective date of these regulations may be certified without completing the training referenced in paragraph (A) above if the candidate has:
(1) two years continuous employment as an emergency services dispatcher and no break in service of longer than six months; or
(2) one year continuous employment as an emergency services dispatcher, no break in service of more than six months, and prior training accredited by the Academy, and the candidate successfully passes a comprehensive test as approved by the Director and administered by the Academy. No retest will be offered.
A. All certification lapses upon separation from employment.
B. Candidates with prior certification and a break in service of less than one year will be recertified upon a request by the employing agency, provided the agency produces evidence satisfactory to the Director that the candidate has not been convicted of any criminal offense that carries a possible sentence of more than one year.
C. Candidates with prior certification and a break in service of more than one year must meet the requirements of 38-061 and 38-062(A).
Agencies shall notify the Academy of the separation from employment of any certified operator. If the separation is a result of the conviction for a criminal offense carrying a possible sentence of more than one year, such conviction shall be reported to the Academy. All reports shall take place on a form approved by the Director.
The cost of training shall be established by the Academy. Agencies shall forward an authorized purchase order for this amount with each application for 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.
A. A special series of private passenger car license plates is hereby designated, as described herein, which may, upon application being made therefor, and the regular fee required by law paid, be issued to United States Representatives and Senators from South Carolina, said plates to bear the words "Member U. S. Congress" or "Member U. S. Senate," as the case may be. The said plates shall be serially numbered 1 through 6 in the case of those designated "Member U. S. Congress," and 1 and 2 in the case of those designated "Member U. S. Senate." The said specially designated license plates shall be reserved by the Department of Public Safety for issuance in the order of the seniority of the Representatives and Senators; Provided, that by mutual consent between respective Representatives and Senators the order in which serial numbers are issued may be modified.
B. The specially designated license plates issued hereunder shall not be transferable, and in the event an owner transfers or otherwise disposes of a vehicle for which one of the said plates has been issued, he shall return same to the Department of Public Safety in exchange for a regular license plate which, in turn, may be transferred as provided for by law; or the Department of Public Safety may authorize a specially designated license plate to be transferred to another vehicle of the same owner upon receipt of application therefor and payment of the regular fee required by law for registration and license of that vehicle.
C. Specially designated license plates issued hereunder shall be surrendered to the Department of Public Safety upon expiration of the term of office, resignation, or death of the holder, in exchange for a regular license plate not specially designated.
D. All specially designated license plates issued hereunder shall expire on the 31st day of January.
E. Nothing herein shall be construed as affecting the license and registration fees to be paid on the vehicles involved, nor in any way to otherwise relieve the owners from complying with all provisions of the law relating to the licensing and registration of vehicles in South Carolina.
38-101. Issuance and Use of Specially Designated Motor Vehicle License Plates for Members of the South Carolina General Assembly.
A. A special series of private car license plates is hereby designated, as described herein, which may, upon application being made therefor and the regular fee required by law paid, be issued to the members of the South Carolina General Assembly, said plates to bear the words "State Senator" for members of the South Carolina Senate, and "State Legislator" for a member of the South Carolina House of Representatives, as the case may be. The said plates shall be serially numbered one through forty-six in the case of those designated "State Senator," and one through one hundred twenty-four for those designated "State Legislator." The said specially designated license plates shall be reserved by the Department of Public Safety for issuance in the order of seniority of the State Senators and members of the House of Representatives, provided that by mutual consent between respective Representatives and Senators, the order in which serial numbers are issued may be modified.
B. The specially designated license plates issued hereunder shall not be transferable, and in the event an owner transfers or otherwise disposes of a vehicle for which one of the said plates has been issued, he shall return same to the Department of Public Safety in exchange for a regular license plate which, in turn, may be transferred as provided by law, or the Department of Public Safety may authorize a specially designated license plate to be transferred to another owner of the same vehicle upon receipt of application therefor and payment of the regular fee required by law for registration and licensing of that vehicle.
C. Specially designated license plates issued hereunder shall be surrendered to the Department of Public Safety upon expiration of the term of office, resignation or death of the holder in exchange for a regular license plate not specially designated.
D. All specially designated license plates issued hereunder shall expire on the 31st day of January of each year.
E. Nothing herein shall be construed as affecting the license and registration fees to be paid on the vehicle involved, nor in any way to otherwise release the owners from complying with all provisions of the law relating to the licensing and registration of vehicles in South Carolina.
38-102. Special License Plates for Various State Officials.
A. A special series of private passenger automobile license plates are hereby designated, which may, upon proper application being made therefor, be issued to duly elected State Constitutional Officers, said plates to bear the title of the office holder or any other numerical designation approved by the State Constitutional Officer and the Department; to duly elected members of Statewide Commissions and the numerical designation of the district or circuit which such member represents; to any past Governor of South Carolina, said plates to bear the word "Governor" and the numerical designation of the years in office.
No special personalized motor vehicle license plates included in this section will be issued requiring special or separate dies unless the cost of such dies will be recovered within a two-year license period from the fifteen-dollar ($15.00) annual fee charge for personalized license plates and none of these plates will be manufactured to include the word designation "Chairman."
B. A special series of private passenger automobile license plates are hereby designated, which may, upon proper application being made therefor, be issued to members of the South Carolina Supreme Court, Members of the South Carolina Circuit Court and qualified residents of any Federal Judiciary Office. The fee for the issue of such special plates shall be the regular motor vehicle registration fee as set forth in Article 5 of Chapter 3 of Title 56 of the 1976 Code.
C. The specially designated license plates issued hereunder shall not be transferable except to another vehicle of the same owner and only then upon receipt of proper application therefor and payment of the fee required by law for registration and license of that vehicle. Such plates shall not be transferable to another person unless so authorized by the Department.
D. Specially designated license plates issued hereunder shall be surrendered to the Department of Public Safety upon expiration of term of office, resignation, or death of the holder, in exchange for license plates not specially designated.
38-110. Repealed by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.
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.
No certificate of registration shall be issued or transferred to an owner by the Department of Public Safety unless the owner or prospective owner produces satisfactory evidence that such security in accordance with the South Carolina Automobile Reparation Reform Act of 1974, Chapter 11 of Title 56 of the 1976 Code, is in effect.
This item shall not apply with respect to any motor vehicle owned by the U. S., this State or any political subdivision of this State or any municipality therein. Authority 1976 South Carolina Code of Laws, as amended, Section 56-9-30.
I. Pursuant to Section 15-78-140, political subdivisions are allowed to procure automobile liability insurance by becoming self-insured. Additionally, pursuant to Section 56-9-30 political subdivisions are exempted from the self-insured requirements contained in Chapter 9 of Title 56. However, pursuant to Section 56-10-10 political subdivisions who wish to be self-insured must still provide proof that adequate security is in place to meet the minimum coverage specified in Section 56-10-20.
II. Political Subdivisions must meet the following requirements to be self-insured with the Department of Public Safety:
A. Apply annually to be self-insured. The application must be submitted thirty (30) days prior to the expiration of the current self-insured period.
B. Annually provide a recent actuary's report, not more than six months old from the date of application, of the political subdivisions's projected automobile liability losses for the upcoming self-insured period.
C. Annually provide proof that sufficient funds are available and will be maintained to cover the projected losses listed in the actuary's report.
D. Annually provide a copy of the political subdivisions's most recent financial statement, which shall be not more than six months old from the date of application.
E. If an Excess Liability Insurance Policy is in place, the political subdivision must designate the Department of Public Safety as the Certificate holder on the policy.
III. Other Self-Insured Applicants must meet the following requirements:
A. Apply annually to be self-insured. The application must be submitted thirty (30) days prior to the expiration of the current self-insured period and contain the information required by Section 56-9-60.
B. Pursuant to Section 56-9-60 to be self-insured an applicant must:
1. have more than twenty-five motor vehicles registered in the applicant's name;
2. provide the Department with a copy of the applicant's latest financial statement prepared by a certified public accountant licensed to do business in South Carolina, indicating that the applicant has a positive net worth;
3. provide the Department with a current list of all vehicles registered in the applicant's name;
4. provide the Department with the applicant's procedural guidelines for processing claims;
5. the applicant must have a net worth of twenty million dollars or the Department may require the applicant to deposit in a segregated self-insured claims account the sum of three thousand dollars for each vehicle to be covered by the self-insurer's certificate.
C. Self-Insured funds must be segregated in a federally insured savings or checking account or maintained in another federally insured account such as:
1. Money Market Accounts or
2. Certificates of Deposits
All accounts containing self-insured funds must either be payable to the South Carolina Department of Public Safety or designate the Department as a lienholder. The account, however, shall be in the name of the Self-Insurer and all interest which accrues to the account shall belong to the Self-Insurer. The Department of Public Safety must be provided copies of statements of accounts containing self-insured funds on either a monthly or quarterly basis depending upon how often the statements are issued. The Department must also be notified when the term has expired for any certificates of deposit containing self-insured funds.
D. If a portion of the required self-insured funds are to be covered by real estate, a quick sale appraisal of the property must be submitted at the time of the initial application. Thereafter, an appraisal update must be submitted annually with the renewal application. Pursuant to Section 56-9-60, no more than twenty percent of the required self-insured funds may be covered by the "quick sale" appraised value of real estate located in the State.
38-130, 38-140. Repealed by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.
38-130, 38-140. Repealed by State Register Volume 21, Issue No. 6, Part 2, eff June 27, 1997.
For purposes of interpretation and enforcement of the Act, the following definitions are established:
A. Protective helmet. A covering device primarily intended to protect the upper part of the wearer's head against blow.
B. Goggles. A device consisting of glass or plastic eye pieces or eye cups worn over the eyes and held in place by a headband or temple piece for protection of the eyes and eye sockets.
C. Face Shield. A device attached to a helmet which covers the wearer's face at least to a point approximating the tip of the nose for the purpose of providing protection of the eyes against flying objects, dust, glare or a combination of these hazards.
D. Windscreen. A device mounted on a two-wheeled motorized vehicle forward of the rider designed to deflect wind and/or small flying objects from the face and body of the rider.
E. Harness. Collectively all those parts of a helmet such as chin strap, etc. which act to restrain and hold the helmet in proper position on the head of the wearer.
F. Shell. The outer material that gives rigidity and provides the general form of the helmet.
G. Department. The South Carolina Department of Public Safety
A. Helmet: Shall be approved only if it meets the minimum requirements of the USA Standard #Z90.1-1966 for Protective Headgear for Vehicular Users with respect to:
1. Construction
2. Materials
3. Extent of protection (coverage)
4. Labelling
5. Shock absorption (except limited to one impact at each of four sites)
6. Penetration
7. Retention (performance of harnesses)
Also, to be approved by the Department, a helmet shall have a reflectorized surface, or shall have securely affixed thereto on both the right and left side a reflectorized material providing not less than 4 square inches of reflectorized surface on each side of the helmet. If the reflectorized material is affixed to the helmet, it must be attached with a suitable permanent, weather-proof and water-resistant adhesive.
Special Labeling
Helmets approved by the Department shall be permanently labelled on the outer surface of the shell at the lower rear center edge with letters and numbers at least 1/4 inch; in height giving the manufacturer's name or trade name and model name or number, and these shall be the same under which the helmet has been approved by the Department.
B. Goggles: Shall be approved only if they meet with the minimum requirements of the "Eye Protection" section of the USA Standard #Z2.1-1959 for Head, Eye and Respiratory Protection, specifically that portion applicable to the following types of eye protection devices:
Goggles, eye cup (except welders and cutters)
Spectacles, metal or plastic frame
Goggles, flexible fitting
Spectacles, plastic eye shield
The following modifications of the USA Standards shall be applicable:
(a) Table 3, Selection of Eye-and Face-Protective Devices, shall not apply.
(b) Language referring to employees shall be construed as referring to persons operating or riding on a two-wheeled motorized vehicle.
Goggles approved by the Department shall bear a readily identifiable mark used by the manufacturer to indicate compliance with the USA Standards, and the device shall bear a manufacturer's tag at time of sale to the consumer indicating the brand name and model designation, and these shall be the same under which the goggles were approved by the Department.
C. Face Shield: Shall be approved only if:
(a) It meets the requirements established in the USA Standard Specifications #Z2.1-1959 for Head, Eye and Respiratory Protection, specifically that portion devoted to "Face Shields" and prescribing official test procedures for the following physical qualities (other than where exceptions or modifications are given):
1. Impact resistance, plastic-window face shield, except that the face shield shall be tested while attached to a helmet and the harness of the helmet shall take the place of the crown strap
2. Penetration resistance, plastic-window face shield
3. Visible transmittance, plastic windows
4. Flammability, plastic windows
5. Disinfection
(b) The edge of the shield is smooth, and if bevelled it must be dull finished.
(c) The shield is adequately supported, as a snap-on or flip-up attachment to the helmet.
(d) The shield covers the face both front and sides, from the leading edge of the helmet above the eyes to a point at or below the tip of the nose of the wearer.
(e) The shield is marked permanently and legibly for manufacturer identification as required by USA Standard #Z2.1-1959 and in addition bears a manufacturer's tag at time of sale to the consumer indicating brand name and model designation, and these shall be the same under which the shield was approved by the Department.
D. Windscreen: Shall be approved only if
(a) The visual material meets the provisions appearing in USA Standard Specifications #Z26.1-1966 for Safety Glazing Materials for Motor Vehicles Operated on Land Highways as pertaining to motorcycle use. For rigid plastic material Item #4 of Table 1 shall be used, and for flexible plastics Item #6 of Table 1 shall be used.
(b) The metal support for the shield shall be of material that will bend under impact rather than fragment.
(c) Cover material, other than visual material, shall be beaded at the edges or otherwise suitably trimmed off to prevent fraying, and if cloth shall be tested for flammability in accordance with procedures of #5902 of specifications of the ASTM.
(d) Each windscreen approved shall be labelled at a readily visible location showing the name of manufacturer, trade name if any and model designation, and these shall be the same name and model under which the device has been approved.
A. Tests. Tests to demonstrate compliance with requirements of the law shall be performed by independent testing agencies considered by the Department to be qualified to conduct such tests. Test reports shall be complete showing test results as against minimum or maximum values prescribed by the applicable State Standards and Specifications and shall be certified by the testing agency with respect to accuracy and compliance with the requirements for approval.
B. Procedure for Securing Approval.
(a) A manufacturer desiring approval of a helmet, goggles, face shields or windscreen shall submit to the Director of the Department or his designee, Columbia, South Carolina postage prepaid a test report (From an independent testing laboratory approved by the State) certified as required under the foregoing paragraph on "Test," together with a sample of the device for which approval is sought, fully identified as required by these regulations.
(b) If after receiving the report and the related sample the Department finds that the device meets the requirements of these regulations a notice of approval of the device will be issued. All samples will be retained by the Department for future reference and control purposes.
(c) Any protective device appearing on the approved list of the Public Health Service of the U.S. Department of Health, Education and Welfare will be approved if it also meets all other requirements of the South Carolina Act not included in current USA Standards upon which DHEW approval is based.
"Driver Training School" means a facility or legal entity which is in the business of training or educating persons to operate motor vehicles or which offers training or education to operate a motor vehicle for a fee or charge. Where appropriate, the term includes any owner, partner, officer, employee, or agent of the school.
"Department" means the South Carolina Department of Public Safety.
"Representative" means a duly authorized employee of the Department.
"Contract or Record of Agreement" means a form used by driving training schools to indicate the services offered to the person receiving instruction or education in the operation of a motor vehicle.
"Instructor Trainer" means a qualified person offering instruction to qualify individuals as driving training instructors.
"Student" means a person who has paid a fee to a driver training school for instruction or education in the operation of a motor vehicle or for instruction or assistance in the preparation to take a written examination for a drivers license or drivers permit to operate a motor vehicle.
All persons, firms, associations, partnerships, corporations, or other legal entities to be licensed to operate a driving school, or to engage in the business of instruction in the driving of motor vehicles, or in the preparation of an applicant for examination given by the Department for an operator's license or permit, except as exempted by Section 56-23-20 of the South Carolina Code, as amended, must, prior to engaging in the driver training school business, secure a license from the Department. Application must be made on an approved form and must be submitted to:
The South Carolina Department of Public Safety
Post Office Box 100178
Columbia, South Carolina 29202-3178
Attention: Driver Training School Supervisor
Applicants for an original driving school license, or driving instructor's license, must not conduct any business as a driving school or driving instructor until a license is issued by the Department.
Applicants for the renewal of a driving school license or driving instructor's license may continue to conduct business as a driver training school or as a driving instructor until the renewal application is granted or denied by the Department provided the renewal application is properly filed with the Department no later than ten (10) days from the expiration date of the license.
38-162. Driver Training School License Applicants Requirements.
The Department shall not issue a driving school license to any applicant unless:
A. The applicant maintains an office in this State as described by these rules and regulations;
B. The applicant is a resident of this State and/or is incorporated or otherwise authorized to do business in this State;
C. The applicant has at least one (1) motor vehicle registered in South Carolina in the name of the driving school, owner or certified instructor; and the vehicle is insured as required by these rules and regulations for use by the school for driver training purposes and driving instruction;
D. The applicant has at least one (1) individual who is employed by the school and who is licensed by the Department as a driving instructor;
E. Each applicant associated with a driver training school (owner, partner, or officer) is of good moral character and at least twenty-one (21) years of age; and
F. Each applicant for a driver training instructor's license associated with a driver training school must have a valid South Carolina driver's license.
No person may give driver instruction unless licensed by the Department as a driving instructor.
Every application for a driving school license and every driving school license renewal application must be accompanied by:
A. A sample copy of the record of agreement or contract to be used between student(s) and school;
B. An outline of the services to be performed by the licensee;
C. Samples of forms or receipts used by the school;
D. Schedule of fees for instruction;
E. A complete list of manuals of instruction, course outlines, and other teaching materials used by the school;
F. Proof of satisfactory completion of driver education and training by each instructor of the driver training school as required by Section 56-23-70 of the South Carolina Code of Laws;
G. Proof of insurance coverage as required by these rules and regulations;
H. A complete list of all owners and stockholders who have more than a ten percent (10%) interest in the corporation and their addresses;
I. Any applicable license fees; and
J. Any applicable instructor's fees.
38-164. Driver Training School License Application; Renewal.
(A) Application Signatures
If the application for a driving school license is made by an individual, it must be signed by the individual. If the application is made by a partnership, the application must be signed by each general partner. If the application is made by a corporation, the application must be signed by an authorized corporate officer.
(B) Transferability of Driving School License
Driving school licenses are not transferrable. Any changes in ownership or controlling interest in the driving school business requires a new application to be filed with the Department immediately.
(C) Prohibited Driver Training School Name(s)
No application for a driver training school will be accepted if the applicant has adopted any name similar to the name of an already licensed driver training school or if the applicant has adopted any name similar to any state or national organization. Use of the words "South Carolina" or South Carolina State" in any driver training school's name is prohibited.
(D) Driver Training School License Application Fee
The application must be subscribed under oath and shall be accompanied by an application fee of fifty ($50.00) dollars.
(E) Driver Training School License Renewal
Driver Training School licenses may be renewed by application to the Department no later than ten (10) days after the expiration of the license. Any renewal application received later than ten (10) days after license's expiration will be treated as a new application and the driver training school shall not continue operation.
(F) Driver Training School License Display
Upon receipt of a license, the licensee must display the license in the school's principal place of business. When any driving school ceases to operate, or if upon investigation it appears that the school has ceased to do business, the owner of the school must surrender the driving school license to the Department. To be re-licensed, after the surrender of a school's license, the school owner must apply and meet the same requirements as a new school.
38-165. Driver Training School Motor Vehicle Liability Insurance Minimums.
No driving school may be licensed by the Department unless it maintains personal injury and property damage liability insurance on all motor vehicles owned, leased, or registered in the name of the driving school, while used in driving instruction, insuring the liability of the driving school, its certified driving instructors, and any person taking driving instructions, or any passengers within the vehicle, in the amount of fifty thousand dollars ($50,000.00) because of bodily injury to or death of any one (1) person in any one (1) accident, and subject to such limits for one (1) person, one hundred thousand dollars ($100,000.00) because of bodily injury or death to any two (2) or more persons in any one (1) accident, fifty thousand ($50,000.00) because of injury or destruction to property of others in any one (1) accident. Any insurance policy issued to cover the above liability limits must be in the name of the driver training school, its owner or a certified driving instructor with the school.
38-166. Liability Insurance Coverage Requirements; Notice of Cancellation.
(A) Liability Insurance Insureds
The insured must be the driving school and any instructor or student or both, who uses any automobile for the purpose of driver training.
(B) Insurance Company Must be Properly Licensed
The policy must be issued by an insurance company authorized and licensed to do business in this state.
(C) Certificate of Insurance
A certificate of insurance, signed by the insurer or insurance carrier, as required, evidencing that a policy has been issued in the designated amounts for the vehicles used in driving instruction listed on the policy containing as a minimum description of the vehicles, the make, model, year, and serial number or the vehicle identification number of vehicle. The Department must be listed in the policy as an additional insured. The certificate must be submitted with each application filed for an original or renewal driving school license.
(D) Notification of the Department Upon Cancellation of Liability Insurance Coverage
If any policy of liability insurance is canceled by the insurance company, the insurance company and the driving school must immediately notify the Department in writing of the cancellation. The notification of cancellation of insurance shall be addressed to Driver Training School Supervisor, South Carolina Department of Public Safety, Post Office Box 100178, Columbia, South Carolina, 29202-3178. The driver training school must cease to use any motor vehicle to conduct driver training or instruction if that vehicle is covered by the policy that has been cancelled.
38-167. Driver Training School Instructor Qualifications.
Every person, in order to qualify as an instructor for a driving school, must, at the time of application, meet the following requirements: at least twenty-one (21) years of age; of good moral character; hold a valid South Carolina drivers license; have no record of suspension of driving privileges for moving violations for the past five (5) years; have at least three (3) years of driving experience; successfully complete a Departmentally approved driver training instructor course which includes as a minimum thirty-four (34) hours of formal classroom instruction in driver education and a minimum of six (6) hours of actual behind the wheel training in driving instruction; successful completion of a Departmentally approved written test which includes as a minimum testing of the ability of the applicant to give driver instruction to others and/or both written and demonstrative methods. The Department may, in its discretion, grant an applicant a temporary permit, by special examination, provided the driver training school has one qualified, licensed instructor. The temporary permit is valid for six (6) months or until an instructor's course is offered. If during the six months the applicant is unable to take an instructor's course, the temporary permit may be renewed one (1) time.
The Department must issue to every qualified applicant driving instructor a permit which must indicate the full name of the instructor applicant and the full name of the driving training school employing the instructor applicant. A driving instructor's permit will be valid only when the instructor is employed by a licensed driving school, and only at the driving school indicated on the license.
(A) Driver Training Instructor Must Maintain License
Every driving instructor must carry the license upon his or her person at all times when engaged in conducting driving instruction in a motor vehicle. Upon request, the licensed driving instructor must display the license to any student taking instruction and to any law enforcement officer or employee or agent of the Department.
(B) Driver Training Instructor License Expiration
Every license issued will expire one year from the date of issue.
(C) Driver Training Instructor's License Application Fee
Application for a driving instructor's license must be made on a form furnished by the Department. The application must be accompanied by a fee of twenty ($20.00) dollars.
(D) Driver Training Instructor's License Renewal
A license may be renewed by making application to the Department on a form furnished by the Department. The renewal application must be submitted under oath and accompanied by a twenty dollar ($20.00) fee.
(E) Driver Training Instructor's License Requirements
An applicant for an original instructor's license must successfully pass an examination administered by the Department. This examination must include, as a minimum: a vision test measuring the applicant's visual acuity as required by the Department's regulations for a motor vehicle operator; a test of the applicant's ability to operate a motor vehicle; and a written examination covering South Carolina motor vehicle laws, safe driving procedures, and these regulations. Each applicant will be given three (3) opportunities in a calendar year to pass the examination, with a mandatory waiting period of at least five (5) working days between examinations.
(F) Driver Training Instructor's License Re-certification
Every licensed instructor shall be tested at least every four (4) years after successful completion of the initial examination.
(G) Surrender of the Driver Training Instructor's License
If during a current driver training instructor's valid license year the driving instructor ceases to be employed by or associated with the driving school designated on his or her application or instructor's license, the driving school must immediately surrender the instructor's license to the Department. No new instructor's license will be issued to any individual until the individual has surrendered or otherwise accounted for all current outstanding instructor's licenses issued in the individual's name.
(H) Driver Training Instructor's License Not Transferrable
Any driving instructor who ceases employment with a driving school may not be employed as an instructor by another driving school until a new application is submitted and approved by the Department and a driving instructor's permit issued by the Department.
38-170. Registration, Inspection, and Required Equipment for Motor Vehicles Operated by Driver Training Schools.
Every motor vehicle used by a driving school must be registered in South Carolina. Every motor vehicle used by a driver training school must be registered as a driver training school vehicle with the Department and must be submitted to the Department for periodic safety inspection.
38-171. Driver Training School Motor Vehicle Safety and Identification Requirements.
(A) Driver Training School's Motor Vehicle Required Safety Equipment
Every motor vehicle used by a driver training school in the course of driving instruction must be equipped with: Dual controls on the foot brake and the clutch, if any, enabling the driving instructor to control the vehicle in case of an emergency; two (2) inside rear view mirrors, one (1) for the student and one (1) for the instructor's use (the vanity mirror located on the passenger side sun visor of most vehicles will not qualify as an additional rear view mirror for the instructor); an outside rear view mirror on both sides of the vehicle; all standard safety and operating equipment including tires, brakes, horn, and window glazing shall be in proper working order; seat belts for the operator of the vehicle, driving instructor, and all passengers; and cushions for the proper seating of the driver of the vehicles. If a driver training school undertakes to train persons who require special equipment to safely operate a motor vehicle such as hand controls for the accelerator and brake, then vehicles used in the instruction of these persons must be equipped with the appropriate special operating equipment.
(B) Driver Training School Motor Vehicle Identification
The vehicle must be identified as a driving school vehicle with the name of the school and the words "Driver Training" readily identifiable from each side and the rear of the vehicle with lettering or printing at least two (2) inches tall with a one-half (1/2) inch wide brush stroke.
Each licensed driving school facility and any branch office must have an office which contains or has access to adequate facilities to conduct the business of giving instructions on driving motor vehicles and in the preparation of students for written and driving examinations given by the Department for an operator's license.
38-173. Driver Training School Physical Facilities, Hours of Operation, etc.
(A) Advertisement of Driver Training School's Office
The office of any driving school may be identified by a sign reasonably visible to the general public and complying with any existing local government ordinances.
(B) Driver Training School Facilities Physical Requirements
The office of a driving school must be a permanent structure and may not consist of or include a tent, a temporary stand, or a room or block of rooms in a hotel or rooming house. No driver training school facility may be located within 1500 feet of any building used as an office by any Department of the State engaged in the administration of any laws relating to motor vehicles. Likewise, no practicing may be done during the hours of 8:30 a.m. until 5:00 p.m., or normal working hours, on the facilities used as an office by any Department of the State engaged in the administration of any laws relating to motor vehicles. These provisions do not apply to advertising which may appear on vehicles owned by driver training schools.
(C) Driver Training School Branch Office(s)
A branch office may be operated from a mobile unit which is specially equipped for driver training purposes.
(D) Driver Training School Business Office and Classroom Requirements
The office of each driving school must consist of or have access to a permanent facility consisting of at least 200 square feet or more for an office, and a classroom facility must be available when classroom courses are offered by the driver training school. A classroom facility must contain seats and writing surfaces for no fewer than ten (10) students; adequate charts and diagrams or pictures relating to the proper operation of motor vehicles and traffic laws; textbooks, reference books and pamphlets relating to the proper operation of motor vehicles and traffic laws; a video tape player or sound projector and screen; and/or a magnetic traffic board or other devices used in the instruction of students with traffic laws and the operation of a motor vehicle.
(E) Driver Training School Hours of Operation
Each driving school must notify the Department of the location of its main and branch office(s) and the dates and hours of operation of the office(s). This information must be provided to the Department within ten (10) days prior to opening any office or branch office for business.
(F) Driver Training School Office/Branch Office Inspection
Upon receipt by the Department of a notice of an opening of a branch office, an authorized representative of the Department shall inspect the branch office(s) for compliance with the provision of these regulations, and the Department shall issue a branch office license which must be displayed in a prominent place.
(G) Driver Training School Office/Branch Office Closure
When a licensed branch office is closed or its location is changed, the driver training school must return the branch office license to the Department within ten (10) days of the closing or moving of the branch office.
(H) Driver Training School Classroom Requirement Exemptions
All driver training schools are required to have, or have access to, classroom facilities and the required equipment when classroom courses are offered. The Department will accept a letter from another driver training school or business stating: a driver training school has access to a business entity's facilities and equipment. The business entity allowing a driver training school use of classroom facilities will allow the Department to inspect these facilities to determine if the facilities and equipment satisfy the classroom requirements.
38-174. Driver Training School Course of Instruction.
The driver training school courses of instruction must be submitted for approval to the Department in the form of an outline and must include: all materials used for instruction; a copy of the curriculum; a list of the instructors names; and a classroom instruction schedule.
38-175. Driver Training School Student Instruction Record.
All licensed driver training schools must maintain a permanent record of instruction for each student. The record of instruction must contain: the name of the driver training school; the names of the students; the students' dates of birth; the number of the driver's license or permit held by the students; the type and dates of the instruction given; and the signature of the instructor.
(A) Copy of Instruction Record to be Furnished to Student(s)
Each driver training school must furnish the student with a copy of their instruction record when the student completes the lessons contracted for or otherwise ceases taking instruction from the school. The copy must be signed by the instructor and by the student acknowledging that the record is correct.
(B) Permanent Files of Driver Training School Students
All permanent student instruction records must be kept on file in the school's office for a period of two (2) years after the student has ceased taking instruction at the school or completed the lessons contracted for.
A departmentally approved receipt must be issued to a student each time a fee is collected for either classroom or behind-the-wheel driver instruction or other services offered by the licensed driver training school, a driving school instructor, or agent or employee. Approved receipts must be completed and contain the date the fee is collected, the name of the student, the total amount collected, and the type of service given.
All written contracts or records of agreement by or between any driving school and any individual, partnership, corporation, firm, or association for the sale, purchase, barter, or exchange of any driving instruction or any classroom instruction, or the preparation of an application for an examination given by the Department for an operator's license or permit must contain the following: a statement indicating the agreed upon contract price per hour or lesson and terms of payment; the type of vehicle to be used in the training (either a standard vehicle equipped with a standard or manual transmission with extra wheel brake and clutch pedal or a vehicle with an automatic transmission with an extra brake pedal); a student instruction record attached to the contract showing the date of the lesson(s) for classroom or behind-the-wheel instruction, the student's signature on the instruction record acknowledging the lesson was received; the student's name; the dated receipt or receipt number for each lesson given; and the name and address of the driver training school.
(A) Permanent Records of Driver Training School Contracts
Any driver training school must keep a copy of all written contracts and agreements affecting any student in the school files for inspection. These contracts must be kept on file for a minimum of two (2) years.
(B) Driver Training School Contract Not Transferrable
No driver training school may sell, transfer, trade, or otherwise dispose of any contract, portion of a contract, agreement of obligation, by or between any driving school and student unless the driving school has obtained the written consent of the student. Any contract or record of agreement for a student under eighteen (18) years of age must be signed by a parent, guardian, or responsible adult in the presence of the instructor offering the instruction. Any record or contract between the driving school and any student which is lost, mutilated or destroyed shall be reported to the Department immediately in writing.
38-180. Items Required for Display in Driver Training School Facility.
The following shall be displayed in a prominent place in the driver training school's principal place of business: the license issued by the Department to the school; the names and driving instructor's license number(s) of all instructors employed by the school; and the regular office hours.
Each driver training school must permit authorized representatives of the Department to make periodic inspections of all school records, facilities, and vehicles used in driver training. During these inspections the owner(s), manager(s), or other person(s) in charge of the office must cooperate with the authorized representatives of the Department and, upon demand, must exhibit all student records, instructional material, and any other items necessary to complete the inspection.
Any complaints relating to driver training schools or driver training school instructors must be in writing and signed by the complainant. The Department may ask the complainant to sign a sworn statement indicating the nature of the complaint and the identity of the complainant. The acceptance or the use of any statement by the Department will not be deemed an acknowledgement, admission, or charge by the Department of the matters contained in the statement.
No driver training school may publish, advertise, or intimate that a student is guaranteed or assured success in receiving a South Carolina driver's license.
38-184. Suspension, Revocation, Refusal to Renew Driver Training School License.
The Department may suspend, revoke, or refuse to issue or renew a license of a driver training school for any of the following causes:
(A) conviction of any school partner, owner, officer, or manager of any crime involving dishonesty, deceit, violence, or moral turpitude when the crime relates to the operation of, or business conducted by, a driver training school;
(B) the school makes a material false statement, or signs a false affidavit or conceals a material fact in connection with the application for a driver training school license or the application for a driver training instructor's license;
(C) the school fails to comply or has violated any statutes providing for the licensing and regulation of driver training schools, or where the school has failed to comply or violated these regulations for the operation of driver training schools;
(D) the school or any partner of the driver training school engages in fraudulent practices in securing for anyone a license to drive a motor vehicle. ("Fraudulent practices", as used herein, means any conduct or representation on the part of a school or any partner, officer, agent or instructor of a school which would give the impression that a license to operate a motor vehicle may be obtained by any other means than those prescribed pursuant to Chapters 1 and 5 of Title 56 of the South Carolina Code);
(E) the school's owner(s) is(are) addicted to the use of alcohol, narcotics, or becomes incompetent to operate a motor vehicle, as defined in Title 56 of the South Carolina Code; where the school, its employees or instructors solicit business on within 1500 feet of any property occupied by the DMV Division field offices or the Department;
(F) the school violates the South Carolina Unfair Trades Practices Act, in Chapter 5 of Title 59 of the South Carolina Code; or
(G) there is no qualified instructor employed by the school.
38-185. Suspension, Revocation, Refusal to Issue or Renew a Driver Training Instructor's License.
The Department may suspend, revoke or refuse to issue an instructor's license for any of the following: conviction of the instructor of any crime involving dishonesty, deceit, physical violence or moral turpitude relating to the operation of or business conducted by a driver training school; making a material false statement or signing a false affidavit or concealing a material fact in connection with the operation of a driver training school or in connection with the application or renewal of a driver training instructor's license; failing to comply or with violating any statute in Title 56 relating to obtaining a motor vehicle driver's license; engaging in fraud or fraudulent practices in relation to securing a South Carolina driver's license for any person ("fraudulent practice, as used herein, includes, but is not limited to, any conduct or representation on the part of the instructor which gives the impression that a license to operate a motor vehicle may be obtained by any means other than those described in Chapter 5 of Title 56 of the South Carolina Code of Laws); the instructor is addicted to the use of alcohol, narcotics or becomes incompetent to operate a motor vehicle as described in Title 56 of the South Carolina Code; the instructor solicits business on or within 1500 feet of property occupied by the DMV Division of the Department, or by the Department. All suspended or revoked driver instructor's licenses shall be returned immediately to the Department.
Upon notice of a suspension or revocation of a driver training school license or a driver training instructor's license the Department will allow a hearing, upon request, in accordance with the Administrative Procedures Act. The request for a hearing must be received by the Department within ten (10) days from the mailing date of the notice of suspension. Any transcripts required to be produced for an appeal from the Department's decision must be paid for by the appellant.
"Actively enrolled" means any student who has not yet graduated from a driver training program or has failed to complete the driver training course.
"Truck Driver Training School" means any enterprise conducted by an individual, association, partnership, or corporation for the education and training of persons, either in the classroom or behind-the-wheel, to operate or drive a truck-tractor-trailer combination unit and charging a fee or tuition for those services.
"Hour" means 50 minutes of instruction within a 60 minute period.
"Record" means a complete history of the enrollment of a student, including entrance qualifications. To include high school diploma or GED (if required by the school) or other test to indicate that the student benefit from the training purchased; Motor vehicle report, criminal history records (if required) drug screen; grades, logs (minor violations are not accountable while student enrolled in school), attendance records, counseling remarks, permit issue date, CDL test history. "Records" also means appropriate documentation on instructor qualifications, statistical data required by the Department, and all other documents sufficient to justify the legitimate operation of the school.
"Category" means classroom instruction, field instruction, BTW instruction, and observation while on the road.
"Permanent type building" means a building set on a foundation or is otherwise strapped to the ground and is in compliance with all zoning ordinances and codes and has been issued a "Certificate of Occupancy".
"Passing grade or Successfully complete" means a grade of at least 70 percent.
"Behind the Wheel" (BTW) means instruction where the student is actually driving the vehicle on public roads.
"Catalog" means a booklet which must be given to each student prior to classes beginning and must be presented at the time the student signs the enrollment contract. Each catalog should be dated upon publication and revision. The catalog should contain at a minimum, a history of the truck driver training school, list of owners, officers, or directors, including addresses, licensing authority, compliant procedures, class start and stop times, attendance and disciplinary rules, course outlines, cost of training, books, supplies, fees, and all other charges the student would be expected to bear, minimum entrance requirements, graduation requirements, refund policy, placement policy, procedures for providing CDL test services.
"Enrollment contract" means any agreement or instrument, however named, which creates or evidences an obligation binding a student to purchase an educational course from a driver training school.
"Fail to complete" means not complying with the required 148 hours of lessons or classes required by the Department with a grade in each category of at least 70 percent passing, which constitutes the full course of study during truck driver training, or the cancellation of a student's course of study in truck driver training by any of the departmentally prescribed methods.
"Field training" means off road training in and around the type commercial motor vehicle used in truck driver training.
"Foreign Truck Driver Training School" means any enterprise located outside of South Carolina which solicits, advertises, or offers truck driver training to South Carolina residents.
"Graduate" means any student who fully completes the required 148 hours of lessons or classes required by the Department and discharges any and all other requirements or obligations established by the school as prerequisites for completing the full course of study.
"Prospective student" means any person who seeks to enroll in a truck driver training course.
"Recruiter/salesperson" means any person who is employed by a truck driver training school, directly or indirectly, to recruit students for a truck driver training school. "Recruiter" includes persons who are employed by another person who is a direct employee or broker for a truck driver training school.
"Student" means any person who has signed a contract and enrolled with a truck driver training school and who has not cancelled that contract before the instruction begins.
"Total contract price" means the complete cost to the student for the enrollment contract including charges for registration, ancillary services, and any finance charges.
"Department" means the South Carolina Department of Public Safety, Driver Improvement Section, Post Office Box 100178, Columbia, South Carolina 29202-3178.
38-201. Requirements and Application for Truck Driver Training School.
The Department shall not issue a license for a truck driver training school to any individual, partnership, group, association, or corporation, except as exempted by Section 56-23-20 of the South Carolina Code of Laws unless:
(1) the individual, partnership, group, association, or corporation, has at least one (1) commercial motor vehicle registered or leased in the name of the truck driver training school, and the motor vehicle(s) is/are inspected by a Departmental representative and for which the Department has received a certificate of insurance; and
(2) the individual, partnership, group, association, or corporation has at least one (1) person licensed by the Department as a truck driver training instructor for that truck driver training school.
38-202. Management, Foreign Applicant, and Application Requirements; Naming Restrictions.
(A) Owner-Operator/Manager Requirements
Each manager or owner-operator of a truck driver training school or branch office must:
(1) be at least twenty-one (21) years of age;
(2) have no felony conviction or misdemeanor conviction involving moral turpitude in the ten (10) years immediately preceding the date of application for a truck driver training school license;
(3) have no revocation or suspension of their motor vehicle operators license in the three (3) years immediately preceding the date of application for a truck driver training school license.
(B) Foreign Truck Driver Training School Requirements
Foreign Truck Driver Training Schools recruiting in South Carolina must provide to potential students:
(1) a copy of the foreign truck driver training school's operating license;
(2) a course description, including the topics taught and the overall length of the course;
(3) a list of the different motor vehicle equipment available for training;
(4) a copy of the catalog and contracts complete with all fees charged; and
(5) the names, addresses, and telephone numbers of persons who represent the foreign truck driver training school in South Carolina.
(C) Truck Driver Training School Application Requirements
Each original application for a truck driver training school license must consist of a completed application for a truck driver training school license; a proposed plan of operation; proof of liability insurance; sample copies of contracts and catalog; a check or money order in the amount of fifty dollars ($ 50.00) made payable to the Department; and a certificate of assumed name.
(D) Restrictions on Truck Driver Training School Name
No application for a truck driver training school license will be accepted if the applicant has adopted an assumed name similar to the name of a school already licensed by this State or adopting any name similar to any state or national organization. Use of the words "South Carolina" or "South Carolina State" in any school's name will not be allowed.
38-203. Truck Driver Training School License Renewal Application.
Renewal applications must be submitted for approval at least ten (10) days prior to the expiration date of the current, valid truck driver training school license. All licenses expire on June 30th of each year and no school is permitted to operate with an expired license. Applications for renewal may be accepted for up to thirty (30) days from the date of expiration. Any truck driver training school license which is lapsed for more than thirty (30) days shall be deemed permanently lapsed and renewal of a permanently lapsed license must be by the same process required for an original truck driver training school application, including required forms and certifications.
The Department must be notified in writing within ten (10) days of any changes in the officers, directors, managers, or BTW instructors of any truck driver training school or branch office. The Department must also be informed within ten (10) days of the addition or deletion of any motor vehicle(s) and the Department must receive a supplemental schedule of motor vehicles. The supplemental motor vehicle schedule shall be accompanied by a properly executed insurance certificate. If the truck driver training school has a change in ownership, the new owner must file an original application with the Department and be approved by the Department before the truck driver training school begins operation under new ownership. Failure to inform the Department of the required change shall be grounds for suspension or revocation of the truck driver training school license.
38-205. Truck Driver Training School Branch Offices.
Any truck driver training school or branch office which ceases to carry on the business of giving instruction in the driving of commercial motor vehicles or which has a change of ownership shall, within five (5) days, surrender its truck driver training school license and all truck driver instructor licenses issued to truck driver training instructors employed by the school.
38-206. Truck Driver Training School License Required.
No truck driver training school or branch is permitted to operate without a proper license.
38-207. Truck Driver Training School Location, Physical Facilities and Courses of Instruction.
Every school must maintain a principal place of business open to the public in a permanent type building. Truck driver training schools or their branch offices may not be located within 1500 feet of a building operated by the DMV Division of the Department. No business may be solicited on property occupied or adjacent to a building operated by the DMV Division of the Department. No truck driver training school may use any facility or any equipment used by the Department in the examination of persons for a drivers license. Exception is allowed for the purpose of CDL testing. Schools are warned use of official Division of Motor Vehicles offices are controlled by each manager at each location.
38-208. Facilities, Inspections, Course of Instruction, and Student Requirements.
(A) Office Facilities
The truck driver training school office must be the principal place of business and be in the same location as, but physically separated from, the classroom facility and must be sufficient for conducting all business related to the operation of the school including, but not limited to: Facilities for conducting personal interviews; storage for all records required in the operation of the Truck Driver Training School; and secretarial or telephone answering service available for a minimum of six (6) hours a day between normal business hours (9:00 am through 5:00 pm).
(B) Classroom Facilities
The classroom facility must meet the following requirements: a minimum overall size of not less than 120 square feet (including at least 70 square feet for the instructors and their equipment and 12 square feet for each student); lighting, heating and ventilation systems that are in compliance with all state and local laws and ordinances including, but not limited to, zoning, public health, safety and sanitation; seats and writing surfaces for all students, blackboards visible from all seats; charts, diagrams, mock ups and pictures relating to the operation of commercial motor vehicles; traffic laws and correct driving procedures; a copy of the South Carolina driver's guide published by the Department for each student; and other textbooks and equipment deemed necessary by the instructor. Restroom facilities sufficient for the size of the class must be provided.
(C) Display of Truck Driver Training School License
Every school and branch must display, in a prominent place in its office, licenses issued to the school by the Department for the school and the school's instructors.
(D) Departmental Inspections
The Department must make at least an annual periodic inspection of a truck driver training school and any branch offices(s) to determine compliance with these regulations. The inspection must be made during regular business hours by authorized representatives of the Department. Inspections must include, as a minimum, an examination of all school records, contracts, classroom facilities, training devices, instructional materials and vehicles.
Each owner, partner, associate, corporate officer, or employee of any truck driver training school must cooperate with the Department's representative and, upon demand, must exhibit all records, instructional aids, equipment, and other items required for inspection. Refusal to permit an inspection is grounds for revocation of the truck driver training school's license. Records must be retained in the truck driver training school for at least two (2) years from the date of completion of a course of driver instruction, either as the result of completion and graduation or withdrawal from the program.
(E) Truck Driver Training Course of Instruction
To successfully complete truck driver training, licensed persons eighteen (18) or older must complete a course consisting of a minimum of 50 50-minute periods of classroom instruction (including testing time), 50 50-minute periods of field instruction, 16 50-minute periods of behind-the-wheel driver training on the highway, and 32 50-minute periods of behind-the-wheel observation on the highway. This is calculated on a 3:1 ratio.
The classroom and behind-the-wheel instruction must consist of: laws relating to either interstate and/or intrastate commercial motor vehicle operations; pre-trip inspection of commercial motor vehicles and both safety and operational equipment; coupling and uncoupling of combination units, if the commercial motor vehicle to be driven includes such units; placing the commercial motor vehicle in operation; use of the commercial motor vehicle's controls and emergency equipment; operation of the inner-city and interstate highway traffic and passing; turning, backing, and parking the commercial motor vehicle; braking and slowing the vehicle by means other than application of the brakes; and completing driver's daily log books.
Additional requirements include: the required 148 50-minute periods of instruction must include three (3) hours of the 16 hours of behind-the-wheel highway training must be completed by
