S.C. Code Regs. § § 38-382.103

Current through Register Vol. 48, 12, December 27, 2024

Section 38-382.103 - Applicability

(a) 38-382 applies to every person and to all employers of such persons who operate a commercial motor vehicle in commerce in any State, and is subject to

(1) The commercial driver's license requirements of part 38-383 of these regulations;

(2) The Licencia Federal de Conductor (Mexico) requirements; or

(3) The commercial drivers license requirements of the Canadian National Safety Code.

(b) An employer who employs himself/herself as a driver must comply with both the requirements in 38-382 that apply to employers and the requirements in 38-382 that apply to drivers. An employer who employs only himself/herself as a driver shall implement a random alcohol and controlled substances testing program of two or more covered employees in the random testing selection pool.

(c) The exceptions contained in Regulation Regulation 38-390.3(f) of this regulation do not apply to 38-382. The employers and drivers identified in Regulation Regulation 38-390.3(f) of this regulation must comply with the requirements of 38-382, unless otherwise specifically provided in paragraph (d).

(d) Exceptions. 38-382 shall not apply to employers and their drivers:

(1) Required to comply with the alcohol and/or controlled substances testing requirements of part 655 (Federal Transit Administration alcohol and controlled substances testing regulations); or

(2) Who a State must waive from the requirements of part 38-383 of this regulation. These individuals include active duty military personnel; members of the reserves; and members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training and national guard military technicians (civilians who are required to wear military uniforms), and active duty U.S. Coast Guard personnel; or

(3) Who a State has, at its discretion, exempted from the requirements of part 38-383 of this regulation. These individuals may be:

(i) Operators of a farm vehicle which is:

(A) Controlled and operated by a farmer;

(B) Used to transport either agricultural products, farm machinery, farm supplies, or both to or from a farm;

(C) Not used in the operations of a common or contract motor carrier; and

(D) Used within 241 kilometers (150 miles) of the farmer's farm.

(ii) Firefighters or other persons who operate commercial motor vehicles which are necessary for the preservation of life or property or the execution of emergency governmental functions, are equipped with audible and visual signals, and are not subject to normal traffic regulation.

S.C. Code Regs. § 38-382.103

Added by State Register Volume 30, Issue No. 4, eff April 28, 2006.