S.C. Code Regs. § § 38-396.23

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

Section 38-396.23 - Equivalent to periodic inspection

(a) The motor carrier may meet the requirements of Regulation Regulation 38-396.17 through a State or other jurisdiction's roadside inspection program. The inspection must have been performed during the preceding 12 months. In using the roadside inspection, the motor carrier would need to retain a copy of an annual inspection report showing that the inspection was performed in accordance with the minimum periodic inspection standards set forth in appendix G to this regulation. When accepting such an inspection report, the motor carrier must ensure that the report complies with the requirements of Regulation 38-396.21(a).

(b)

(1) If a commercial motor vehicle is subject to a mandatory State inspection program which is determined by the Administrator to be as effective as Regulation Regulation 38-396.17, the motor carrier shall meet the requirement of Regulation Regulation 38-396.17 through that State's inspection program. Commercial motor vehicle inspections may be conducted by State personnel, at State authorized commercial facilities, or by the motor carrier under the auspices of a State authorized self inspection program.

(2) Should the FHWA determine that a State inspection program, in whole or in part, is not as effective as Regulation Regulation 38-396.17, the motor carrier must ensure that the periodic inspection required by Regulation Regulation 38-396.17 is performed on all commercial motor vehicles under its control in a manner specified in Regulation Regulation 38-396.17.

S.C. Code Regs. § 38-396.23

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