S.C. Code Regs. ch. 90 | S.C. Code Regs. Chapter 90 — Department of Motor Vehicles

Article 1 Motorist Insurance Identification Database

S.C. Code Regs. 90-001 Introduction

The South Carolina (SC) Department of Motor Vehicles (DMV) is implementing the South Carolina Automobile Liability Insurance Reporting (SC ALIR) System that collects automobile liability insurance information from insurers that are licensed to provide automobile liability insurance in the state. The DMV will cross-reference the collected information to South Carolina driver and vehicle data to identify registered vehicles that do not meet the minimum automotive liability insurance requirements of the state.

History

Added by State Register Volume 29, Issue No. 6, eff June 24, 2005.

S.C. Code Regs. 90-002 Definitions

A. Cancellation or Refusal to Renew Date is the date provided in the notice required by Section 38-77-120.

B. Implementation Guide is the document developed by the Working Group to govern the policies and procedures required for the administration of the SC ALIR.

C. Newly Licensed Driver’s List is the list defined in Section 56-10-640 and will be provided to insurers for a fee prescribed by the Department.

D. SR-22 is the notification filed with the department to show proof of future financial responsibility as required by section 56-9-550.

E. SR-26 is the notification filed with the department to show that an insurer has cancelled the financial responsibility coverage as required in 56-9-550.

F. Compliance Transaction is a transaction reporting insurance coverage subsequent to a DMV suspension notice.

G. Agency Reporting System is a system that allows insurance agencies to report compliance transactions using the SCALIR web interface.

History

Added by State Register Volume 29, Issue No. 6, eff June 24, 2005.

S.C. Code Regs. 90-003 Method of Communication Options for Insurers

A. The SC ALIR System will provide insurers with the following options for data communications with the SC ALIR System for reporting cancellation and compliance transactions.

(1) Internet File Transfer Protocol (FTP) accepting both Electronic Data Interchange (EDI) and Text document.

(2) Value Added Network (VAN) accepting EDI documents.

(3) Internet Hyper-Text Transfer Protocol (HTTP) or Web accepting direct data entry.

(4) Other forms of communication approved by the Department in the Implementation Guide, upon recommendation of the Working Group.

B. During registration with the SC ALIR System, each insurer will select the communication. This selection applies to both sending data to the SC ALIR System and receiving data from the system. During registration, each insurer will also select the data document type to be exchanged with the system, based on the selected communication option.

C. Insurers will be responsible for the costs associated with programming their systems to utilize the options for data communications with the SC ALIR System.

History

Added by State Register Volume 29, Issue No. 6, eff June 24, 2005.

S.C. Code Regs. 90-003.1 File Transfer Protocol (FTP) Data Communication

Insurers that wish to transmit large files to the SC ALIR System without incurring the costs of a VAN may use the FTP option. Secured FTP accounts and folders will be created within the SC ALIR System for the insurers that choose the FTP option while registering with the SC ALIR System. Login, folder structure and other necessary information will be provided to insurers to allow access their specific folders.

History

Added by State Register Volume 29, Issue No. 6, eff June 24, 2005.

S.C. Code Regs. 90-003.2 Value Added Network (VAN) Data Communication

Insurers may select the VAN option. Insurers using the VAN option will have to set up mailboxes and communications. Insurers utilizing the VAN option will be required to pay an additional fee which will be placed by the Comptroller General into a special restricted account to be used by the Department to defray its expenses in administering this program.

History

Added by State Register Volume 29, Issue No. 6, eff June 24, 2005.

S.C. Code Regs. 90-003.3 Web Data Communication

For low reporting volumes, insurers may prefer the option of entering data directly on the SC ALIR System’s secure website. All registered users will have the ability to submit data over the web. However only users that have selected Web as the communication option will be able to retrieve Error Transactions via the web. After insurers have successfully registered, they will be provided with a unique user name and password to access the secure website. The confidentiality and continued security of the username and password will be the insurer’s responsibility.

History

Added by State Register Volume 29, Issue No. 6, eff June 24, 2005.

S.C. Code Regs. 90-004 File Formatting Options

Insurers submitting data using FTP will have the option of submitting either text or EDI files. Insurers using the VAN will only be able to submit EDI files. The file formatting option will be selected during registration.

History

Added by State Register Volume 29, Issue No. 6, eff June 24, 2005.

S.C. Code Regs. 90-004.1 Electronic Data Interchange Documents

The SC ALIR System supports the American National Standards Institute, Accredited Standards Committee (ANSI ASC) X12 Standard, Transaction Sets 811 and 997, Release 3050. This standard has been identified for use in state government ALIR applications by insurance industry trade groups such as the Insurance Industry Committee on Motor Vehicle Administration (IICMVA) and is already in use by some other state DMVs for Automobile Insurance Liability Reporting.

History

Added by State Register Volume 29, Issue No. 6, eff June 24, 2005.

S.C. Code Regs. 90-004.2 Text Documents

Insurers will have the alternative of using Text data interchange with the SC ALIR System. A Text data interchange format will be specified to support the needs of the SC ALIR System.

History

Added by State Register Volume 29, Issue No. 6, eff June 24, 2005.

S.C. Code Regs. 90-005 Data Security

A. FTP

The SC ALIR System will implement FTP using a Secured Sockets Layer (SSL) enabled FTP server and a PGP option will also be provided. An SSL enabled FTP client is required to exchange files with the server. The SC ALIR Program will supply an SSL enabled FTP client for the Microsoft Windows family of operating systems on request of any insurer.

B. Web

All data submitted/retrieved over the web will also be encrypted using SSL.

C. VAN

The Value Added Network is a private network that ensures data security.

History

Added by State Register Volume 29, Issue No. 6, eff June 24, 2005.

S.C. Code Regs. 90-006 Types of Transactions

A. Insurers will report the following types of transactions:

(1) All mid-term non-pay cancellations.

(2) All mid term cancellations where an insured requests cancellation of the policy before the policy has expired.

(a) The following instances in this category DO NOT need to be reported:

(1) The insured produces satisfactory proof from the Department that he has sold or otherwise disposed of the insured vehicle or surrendered its tags and registration;

(2) The insured has secured another policy that meets the financial responsibility requirements prescribed in the law;

(3) The insured has sold a vehicle previously covered and is switching coverage to a newly purchased vehicle (Drop/Add transaction)

(3) All non-renewals for underwriting reasons by the insurer.

(4) All FR4a compliance transactions for new/renewed policies that have been added/reinstated in response to FR-4 notices (Compliance Reporting).

B. The following transactions may be reported by insurers, but only over the web:

(1) Add SR 22 Filing

(2) SR 26 Policy Cancel

(3) Cancel Vehicle from SR 22 Filing

C. Only the following types of transactions may be reported by agencies:

(1) All FR4a compliance transactions for new/renewed policies that have been added/reinstated in response to FR-4 notices (Compliance Reporting).

History

Added by State Register Volume 29, Issue No. 6, eff June 24, 2005.

S.C. Code Regs. 90-007 Types of Policies

A. Only private passenger automobile liability policies for vehicles registered and insured in South Carolina will be reported.

B. No commercial vehicle policies will be reported.

History

Added by State Register Volume 29, Issue No. 6, eff June 24, 2005.

S.C. Code Regs. 90-008 Data Elements

The insurers will report the data elements defined in the Implementation Guide.

History

Added by State Register Volume 29, Issue No. 6, eff June 24, 2005.

S.C. Code Regs. 90-009 Implementation Guide

The Implementation Guide will be revised as necessary, upon recommendation of the Working Group. Insurers will be provided with a minimum of ninety days notification of changes to the Implementation Guide.

History

Added by State Register Volume 29, Issue No. 6, eff June 24, 2005.

S.C. Code Regs. 90-010 Compliance Reporting

Insurers or agencies must begin reporting compliance transactions electronically with the implementation of these regulations. Insurers have the option of reporting these transactions through the insurer’s own system, or by allowing their agencies to report individual transactions using the SC-ALIR website.

History

Added by State Register Volume 29, Issue No. 6, eff June 24, 2005.

S.C. Code Regs. 90-010.1 Reporting Options for Compliance Reporting

A. Insurers. If the insurer-level option is chosen, insurers have the option of using any SC-ALIR reporting methods to report these transactions (also referred to as FR4a transactions) on the insurer level. Reference the South Carolina Automobile Liability Insurance Reporting (SC ALIR) System Implementation Guide for Insurance Companies, (section dealing with compliance transactions).

B. Agencies. If agencies report compliance transactions on behalf of insurers, insurance agencies may report individual compliance transactions after registering on the SC-ALIR website. Complete registration details can be found in the South Carolina Automobile Liability Insurance Reporting (SC ALIR) System - Supplemental Information Guide for Agencies - Agency Reporting.

History

Added by State Register Volume 29, Issue No. 6, eff June 24, 2005.

S.C. Code Regs. 90-011 Frequency of Reporting

A. Notices of Cancellation/Refusal to Renew (FR4). Insurers must submit cancellation transactions using the SC ALIR system on an as-needed basis, as frequently as required to ensure that DMV receives notice of cancellation immediately after the insurer determines the customer to be ineligible for reinstatement, according to the insurer’s own business practices.

(1) If no cancellations are processed within a given reporting month, insurers must transmit a “no activity” report at least once within a 30-day period.

B. Compliance Transactions. In order to prevent unnecessary suspension actions from taking place, insurers or their agencies must submit compliance transactions on a daily basis, or as frequently as they occur, using the reporting options described in 90-010 above.

History

Added by State Register Volume 29, Issue No. 6, eff June 24, 2005.

S.C. Code Regs. 90-012 Other Types of Transactions

The Working Group may direct that enhancements be made to the SC ALIR system that would allow insurers or agencies to report other types of insurance or compliance transactions. Details of these enhancements will be documented in Supplementary Implementation Guides that will be available to insurers and their agencies through posting on the SC ALIR website. The website address is www. sc-alir.com.

Insurers will be provided with a minimum of ninety days notification of changes to the Implementation Guide.

History

Added by State Register Volume 29, Issue No. 6, eff June 24, 2005.

Article 2 Driver Training Schools

S.C. Code Regs. 90-100 Definitions

A. “Behind the Wheel” (BTW) means training provided by an instructor where the student is actually in control of and operating the vehicle during a driving lesson conducted on public roads or on a range.

B. “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, complaint 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.

C. “Category” means theory instruction, field instruction, BTW instruction, and observation while on the road.

D. “Classroom” means student is in classroom environment learning principles, laws, regulations, and/or rules of the road for driving a motor vehicle.

E. “Class B” means any single vehicle with a Gross Vehicle Weight Rating (GVWR) of 11,794 kilograms or more (26,001 pounds or more), or any such vehicle towing a vehicle not in excess of 4,536 kilograms (10,000 pounds) GVWR.

F. “Class A” means any combination of vehicles with a Gross Combination Weight Rating (GCWR) of 26,001 pounds or more, provided the Gross Vehicle Weight Rating (GVWR) of the vehicle being towed is more than 10,000 pounds.

G. “Class A Non-Tractor Trailer” means any combination unit connected by a non-fifth wheel connection such as a pintle hook, goose neck, or ball-and-chain hook up where gross combination weight rating (GCWR) is 26,001 pounds or more, providing the towing unit has a GVWR less than 26,001 pounds and the towing unit has a GVRW of 10,001 or more GVWR.

H. “Commercial motor vehicle” means a vehicle with a gross vehicle weight rating of 10,001 pounds or more, used in commerce.

I. “Department” means the South Carolina Department of Motor Vehicles.

J. “Enrollment contract” means any agreement or instrument, however named, which creates or evidences an obligation binding a student to purchase or otherwise incur a legal obligation in exchange for receiving an educational course from a driver training school.

K. “Field training” means off road training in and around the type commercial motor vehicle used in truck driver training.

L. “Graduate” means any student who completes the minimum required hours and demonstrates proficiency in all lessons and classes required by the ELDT program (if applicable) and the Department and discharges any and all other requirements or obligations as prerequisites for completing the full course of study.

M. “Instructor” means an individual certified by the Department to give classroom and or BTW instruction to students enrolled in the school.

N. “Hour” when used in the context of requisite driver training periods, means an instructional period of fifty minutes.

O. “Observation” means when a student observes another student actually operate a motor vehicle on the public roads.

P. “Successfully Complete” means earning a grade of at least eighty percent on all ELDT required knowledge assessments and demonstrating proficiency in all other ELDT requirements for commercial driving school students and earning a grade of at least seventy percent for non-commercial driving school students.

Q. “Permanent Structure” 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.”

R. “Range” means a student practicing area that must be free of obstructions, has adequate sight lines and enables the driver to maneuver safely and free from interference from other drivers and hazards while, a student is practicing backing and other maneuvering exercises with a commercial motor vehicle.

S. “Record” means, either electronic or paper copies, which include, if applicable, program records, initial school licensure application, and supporting documents, vehicle registration and maintenance records for all vehicles used in training, enrollment records showing student admission qualifications, curriculum standards, handbooks, manuals of instruction, course outlines, instructor records showing qualifications for training, student driving records,, criminal history records (if required) training records, attendance records, permit issue date. “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.

(1) Records for Truck Driver Training Schools also includes all documents setting forth the requirements of 49 CFR, 380, lessons plans and training curricula for theory, and behind the wheel (BTW) (range and public road) training, documentation of individual entry level driver training assessments, tracking records showing assessment results to determine driver-trainees’ proficiency in knowledge assessments in appendices A through E of 49 CFR part 380, as applicable; tracking records to determine a student’s proficiency in BTW skills in accordance with the curricula in appendices A through D of Part 380, as applicable; documents tracking each driver-trainees’ minimum scores in all other knowledge tests and skills assessments, documents tracking student training hours and documentation showing satisfaction of state minimum training hours, and any other records showing a student’s level of mastery of training materials, and CDL test history (when applicable), criminal history (when required), drug screens; grades, attendance records.

(2) Truck Driver Training Schools Instructor Records include appropriate documentation demonstrating instructor qualifications for inclusion in the Training Provider Registry, statistical data required by the Department, instructor permit(s) and all other documents showing compliance with the federal ELDT program requirements for commercial driving instructors.

T. “Student” means any person who has signed a Contract and enrolled with a driver training school and who has not cancelled that Contract before the instruction begins.

U. “Theory instruction” means knowledge instruction on the operation of a motor vehicle and related matters provided by an instructor through lectures, demonstrations, audio-visual presentations, computer-based instruction, driving simulation devices, online training, or similar means.

V. “Truck Driver Training School” means any enterprise conducted by an individual, association, partnership, or corporation, not exempted under S.C. Code of Laws Section 56-23-20, for the education and training of persons, either in the classroom or behind-the-wheel, to operate or drive a truck-tractor combination unit, Class B/Straight Truck or Passenger Bus Training and charging a fee or tuition or otherwise binding a student to a legal obligation in exchange for those services.

History

Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Amended by SCSR 45-5 Doc. No. 5002, eff May 28, 2021; SCSR 46-6 Doc. No. 5105, eff June 24, 2022.

S.C. Code Regs. 90-101 Applicability

A. The purpose of this Article is to set forth minimum standards for safety, quality, and effectiveness of all licensed South Carolina Driver Training Schools.

B. With regard to the licensing and regulation of Truck Driver Training Schools, the Department adopts all applicable rules, regulations, and standards promulgated by the United States Department of Transportation for all Entry-Level Driver Training (ELDT) programs, as set forth under Title 49 of the Code of Federal Regulations, Part 380, subparts (A) through (G), including Appendices A through F, Parts 382-385, and amendments thereto, Parts 390-399 and amendments thereto, as applicable, and Parts 171-180, including amendments, as applicable. South Carolina Truck Driver Training Schools must comply with all applicable ELDT program requirements referenced above, as well as meet any additional requirements set forth under the South Carolina Code of Laws or South Carolina Code of Regulations relating to Truck Driver Training Schools.

History

Added by SCSR 46-6 Doc. No. 5105, eff June 24, 2022.

S.C. Code Regs. 90-102 Driver Training School License Minimum Requirements

A. The Department shall not issue a driving school license to any applicant unless:

(1) The driver training school is a permanent business located in this State as described by these rules and regulations;

(2) The applicant applying for the driving training school license is authorized to do business in this State, and all licensed driver training schools must make all school and training records and facilities available for inspection upon request by the Department during normal business hours; Records must be maintained by the driver training school for at least three (3) years.

(3) The driver training school employs or contracts with at least one individual listed on the Training Provider Registry who holds an instructor permit issued by the Department and who provides driving instruction for the school;

(4) Each applicant associated with a driver training school (owner, partner, or officer) is at least twenty-one years of age; and

(5) Each applicant holds a valid South Carolina driver’s license as defined in Section 56-1-20, 56-1-2030 (commercial), or a license of a foreign jurisdiction that is equivalent to the license for which the instructor is providing driver training.

B. No person may provide driver instruction unless licensed by the Department as a driving instructor.

History

Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Renumbered from 90-162 and amended by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. Renumbered from 90-101 and amended by SCSR 46-6 Doc. No. 5105, eff June 24, 2022.

S.C. Code Regs. 90-103 Driving School Requirements

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. A schedule of fees for instruction;

E. A complete list of manuals of instruction, course outlines, and other teaching materials used by the school to be made available upon request by the Department;

F. A complete list of all owners and those responsible for the day-to-day operation of the school, classes and students. Complete nationwide criminal background check of all managers upon initial certification. Any changes in ownership of a twenty-five percent or more requires a new application to be filed with the Department within fifteen days. Any changes in management personnel must be reported to the Department within fifteen days of the change, along with submission of any new applications and complete nationwide criminal background checks for any new instructors. All management personnel are subject to self-reporting of criminal convictions, and shall be subject to review and disqualification for just cause;

G. Copies of all applicable business licenses; and

H. Any applicable fees.

History

Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Renumbered from 90-163 and amended by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. Renumbered from 90-102 and amended by SCSR 46-6 Doc. No. 5105, eff June 24, 2022.

S.C. Code Regs. 90-104 Driver Training School License Application

A. 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 a general partner. If the application is made by a corporation or LLC, the application must be signed by an authorized corporate officer.

B. Driving school licenses are not transferable.

C. 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. The application must be subscribed under oath. Each licensed driver training school, excluding duly accredited public colleges and public high schools, also must maintain a corporate surety bond in the amount of ten thousand ($10,000.00) dollars. The bond must be conditioned to provide indemnification for tuition loss to: 1) any Student determined by a court of competent jurisdiction to have suffered a loss of tuition as a result of material violation of law or this regulation; 2) a school ceases operation prior to a Student Successfully Completing; or 3) the loss of a school license as a result of final Department action.

E. Applications for Driver Training School license renewals must be submitted to the Department at least thirty (30) days prior to license expiration. Any renewal application (see SC Code Sections 56-23-40) received later than fifteen days after license’s expiration will be treated as a new application and the driver training school shall not continue operation unless and until relicensed by the Department. No school is permitted to operate with an expired license, unless the Driver Training School provides proof to the Department that a complete application for renewal was submitted by them at least ten days prior to the expiration and the school has been given specific written permission from the Department to continue to operate while the Department processes the renewal application.

F. Upon receipt of a license, the licensee must display the license in the school’s principal place of business. The Department must be notified within fifteen (15) days whenever there is a change in instructors, management, or insurance coverage. 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 within fifteen (15) days. 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.

History

Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Renumbered from 90-164 and amended by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. Renumbered from 90-103 and amended by SCSR 46-6 Doc. No. 5105, eff June 24, 2022.

S.C. Code Regs. 90-105 Driver Training School Motor Vehicle Liability Insurance

A. No driving school may be licensed by the Department unless it maintains personal injury and property damage liability insurance on all motor vehicles owned or operated in driving instruction on public roads or personal injury liability insurance on all motor vehicles owned or operated in driving instruction on non-public roads, while used in driving instruction on public roads, insuring the liability of the driving school, its certified driving instructors, and any person taking driving instructions, and any passengers within the vehicle.

B. Any insurance policy issued under subsection A must be in the name of the driver training school, its owner or a certified driving instructor with the school.

C. If licensed only for classroom instruction, liability insurance is not required.

D. A certificate of insurance, signed by the insurer or insurance carrier, as required, evidencing that a policy has been issued 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 or must specifically state that it is a “fleet” policy. 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 and upon the request of the Department.

E. 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 Compliance Reporting, South Carolina Department of Motor Vehicles, Post Office Box 1498, Blythewood, South Carolina, 29016-1498. 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.

History

Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Renumbered from 90-165 and 90-166 and amended by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. Renumbered from 90-104 and amended by SCSR 46-6 Doc. No. 5105, eff June 24, 2022.

S.C. Code Regs. 90-106 Driver Training School Instructor Qualifications

A. Every person, in order to qualify as an instructor for a driving school, in addition to meeting all applicable federal ELDT driver training requirements for commercial driving instructors, must, at the time of application, meet the following requirements:

(1) Be at least twenty-one years of age;

(2) Hold a valid South Carolina driver’s license as defined in Section 56-1-20, 56-1-2030 (commercial), or a license of a foreign jurisdiction that is equivalent to the license for which the instructor is providing driver training on public roads. Any instructor may provide driver training without a current driver’s license on non-public roads, so long as the instructor is otherwise qualified to provide the instruction.

(3) Submit a complete nationwide criminal background check to the Department that shows no convictions within the last ten years for: a felony, or for crimes involving fraudulent or dishonest activity. The Department may deny an instructor permit to:

(a) anyone convicted within the past ten years of criminal domestic violence;

(b) anyone listed on the Sex Offender Registry,

(d) anyone convicted of contributing to the delinquency of a minor.

(4) Have no revocations, cancellations or suspensions of driving privileges in the three (3) years immediately preceding the date of application;

(5) Have no convictions for traffic offenses involving moving violations totaling six (6) points in the year immediately preceding the date of application;

B. Every person, in order to qualify as an instructor for a driving school training non-commercial driver’s licenses, must, at the time of application:

(1) Have at least five years of driving experience;

(2) Successfully complete a Department approved driver training instructor course which includes as a minimum thirty-four hours of formal classroom instruction in driver education and a minimum of six hours of actual behind the wheel training in driving instruction;

(3) Successfully complete a Department 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.

C. Every person, in order to qualify as an instructor for a commercial driving school training commercial drivers must, at the time of application, have satisfied the requirements for inclusion into the federal Training Provider Registry (“TPR”), as set forth under 49 CFR, Subpart G, 380.703, et seq.

D. All driver training school instructors may have no more than six points on their driving record while maintaining instructor certification. While using a defensive driving credit will help on the driving record, the Department will use the current total points computation, not adjusted points.

History

Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Renumbered from 90-167 and amended by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. Renumbered from 90-105 and amended by SCSR 46-6 Doc. No. 5105, eff June 24, 2022.

S.C. Code Regs. 90-107 Driving Instructor Permit

A. Every driving instructor must possess a permit issued by the Department which indicates the full name of the instructor and the full name of the driving training school employing or under contract with the instructor.

B. A driving instructor’s permit will be valid only when the instructor is employed by or under contract with a licensed driving school(s), and only at the driving school(s) indicated on the license.

C. All truck driving instructors must complete the eligibility training requirements set forth under 49 CFR,Sections 380.703, for certification and inclusion into the Training Provider Registry.

D. Every driving instructor must carry the permit upon his or her person at all times when engaged in conducting driving instruction in a motor vehicle. Upon request, the permitted driving instructor must display the permit to any student taking instruction and to any law enforcement officer or employee or agent of the Department.

History

Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Renumbered from 90-169 and amended by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. Renumbered from 90-106 and 90-107 and amended by SCSR 46-6 Doc. No. 5105, eff June 24, 2022.

S.C. Code Regs. 90-108 Motor Vehicles Operated by Driver Training Schools

A. Every motor vehicle operated by a driver training school must be properly owned, leased, or rented in the name of the driver training school or parent company.

B. A driver training school cannot use a motor vehicle for BTW training on public roads unless it meets all applicable Federal Motor Carrier Safety Administration requirements for commercial motor vehicles and until it has passed inspection as described satisfying the requirements set forth in S.C. Regs. 90-109 and 90-116.

History

Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Renumbered from 90-170 and amended by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. Amended by SCSR 46-6 Doc. No. 5105, eff June 24, 2022.

S.C. Code Regs. 90-109 Driver Training School Motor Vehicle Safety and Identification Requirements

A. Every motor vehicle used by a driver training school training for non-commercial driver’s licenses in the course of driving instruction must be equipped with:

(1) Dual controls on the foot brake and the clutch, if any, enabling the driving instructor to control the vehicle in case of an emergency;

(2) Two inside rear-view mirrors, one for the student and one 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);

(3) An outside rear view mirror on both sides of the vehicle;

(4) 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;

(5) Cushions for the proper seating of the driver of the vehicles.

(6) If a driver training school undertakes to train persons who require special equipment to safely operate a motor vehicle, then vehicles used in the instruction of these persons must be equipped with the appropriate special operating equipment.

B. The vehicle used when training for non-commercial driver’s licenses must be identified as a driving school vehicle

(1) With the name of the school and the words “Driver Training” readily identifiable from each side and;

(2) The rear of the vehicle shall have the words “Driver Training” on each side

(3) With lettering or printing at least two inches tall and one-half inches wide

C. Every motor vehicle used by a driver training school training for commercial driver’s licenses must be owned, registered to, leased, or rented by the driver training school or the parent company or used under a contractual agreement with a commercial driver training school or parent company for training on public roads, must meet all Federal Annual Inspection requirements (49 CFR, 380.711), and must meet the following requirements of the Department:

(1) Must be limited to a maximum of five (5) seats including the seat for the instructor;

(2) Equipped with seat belts for the operator and all passengers;

(3) Have the school name and the words “Driver Training” conspicuously displayed on both sides and the back of the vehicle using letters not less than two inches tall, with a one-half inch wide brush stroke. For vehicles which must operate at night, the words “Driver Training” must be reflective;

(4) If equipped with a seat in the sleeper, the seat must have a seat-back and seat belts that are properly secured;

(5) Documentation of vehicles used in training must be retained by the school for a period of three years to include vehicle registration, maintenance records and proof of insurance, which must be made available to the Department upon request;

(6) No school vehicle may be used to transport property or persons for compensation, other than properly enrolled students. Schools are allowed to add weight, as in a dummy load in the trailer for training purposes.

(7) Trucks used for training on public roadways complying with this Regulation and allowing for use of short-term rentals through leasing companies or other agreements with the school are not required to be updated on the vehicle list with the Department.

History

Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Renumbered from 90-171 and amended by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. Amended by SCSR 46-6 Doc. No. 5105, eff June 24, 2022.

S.C. Code Regs. 90-110 Driver Training School Facilities, Hours of Operation, etc

A. Each licensed driving school facility and any branch office(s) must have an office which contains 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.

B. The office of any driving school must be identified by a sign reasonably visible to the general public and complying with any existing local government ordinances.

C. The following shall be displayed in a prominent place in the driver training school’s principal place of business:

(1) The license issued by the Department to the school;

(2) The names and driving instructor’s license number(s) of all instructors employed by the school and;

(3) The regular office hours.

D. The office of a driving school must be a Permanent Structure and may not consist of a room or block of rooms in a hotel or rooming house.

E. Each driving school must notify the Department of the location of its office(s) and the regular office hours. This information must be provided to the Department within five days prior to opening any office for business.

F. 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 fifteen days of the closing or moving of the branch office.

History

Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Renumbered from 90-172 and amended by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. Renumbered from 90-110 and 90-111 and amended by SCSR 46-6 Doc. No. 5105, eff June 24, 2022.

S.C. Code Regs. 90-111 Non-Commercial Driver Training School Course of Instruction

All non-commercial driver training school courses of instruction must be submitted for approval to the Department in the form of an outline and must include:

A. A description of all materials used for instruction;

B. A copy of the curriculum;

C. Instructors’ name(s) and;

D. A theory instruction schedule.

History

Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Renumbered from 90-174 and amended by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. Renumbered from 90-112 and amended by SCSR 46-6 Doc. No. 5105, eff June 24, 2022.

S.C. Code Regs. 90-112 Driver Training School Student Instruction Record

A. All licensed driver training schools must maintain and make available for inspection by the Department a record of instruction for each student (hard copy or electronic) for three years after the instruction is complete. The record of instruction must contain:

(1) The name and address of the driver training school;

(2) The name of the student;

(3) The student’s date of birth;

(4) The number of the driver’s license or permit held by the student;

(5) The type and dates of the instruction given; and the signature of the instructor; and

(6) For commercial driver training schools, the record must also include any and all requirements listed in 49 CFR Part 380 and documentation showing assessment results for knowledge and skills testing (as applicable) and documentation tracking completion of minimum state training hours for each skill pertaining to the license anticipated or issued.

B. Records to be maintained for non-commercial driver training schools must include:

(1) A student instruction record showing the date of all lesson(s) for theory/classroom or behind-the-wheel instruction;

(2) The student’s signature on the instruction record acknowledging the lesson was received;

(3) The dated receipt or receipt number for each lesson given.

History

Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Renumbered from 90-175 and amended by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. Renumbered from 90-113 and amended by SCSR 46-6 Doc. No. 5105, eff June 24, 2022.

S.C. Code Regs. 90-113 Instruction Records and Files

A. Each driver training school must furnish the student with a copy of its 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. All student instruction records must be kept on file in the school’s office for a period of three years after the student has ceased taking instruction at the school or completed the lessons contracted for.

History

Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Renumbered from 90-176 and amended by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. Renumbered from 90-114 and amended by SCSR 46-6 Doc. No. 5105, eff June 24, 2022.

S.C. Code Regs. 90-114 Receipts for Fees Paid for Non-Commercial Instruction

A. A departmentally approved receipt must be issued to a student each time a fee is collected for either theory or behind-the-wheel driver instruction or other services offered by the licensed driver training school, a driving school instructor, or agent or employee.

B. Approved receipts must be completed and contain:

(1) The date the fee is collected;

(2) The name of the student;

(3) The total amount collected; and

(4) The type of service given.

History

Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Renumbered from 90-177 and amended by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. Renumbered from 90-115 and amended by SCSR 46-6 Doc. No. 5105, eff June 24, 2022.

S.C. Code Regs. 90-115 Driver Training School Contracts

A. 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 theory/classroom instruction, or the preparation of any application for an examination given by the Department for an operator’s license or permit must differentiate between theory/classroom and behind-the-wheel training and contain the following:

(1) A statement indicating the agreed upon contract price and terms of payment, including any additional fees that may be charged;

(2) The type of vehicle to be used in non-commercial 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);

(3) The student’s name; and

(4) The name and address of the driver training school.

B. 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 less than eighteen 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.

C. A commercial driver training school may enter into contracts with other organizations to provide training to employees or individuals under a pre-employment contract, provided that each of the following conditions are satisfied:

(1) The contracting school shall notify the Department via approved methods of any scheduled training with outside companies and their employees 48 hours prior to conducting the training. Notification to the Department shall include company name and physical location where the training will be conducted;

(2) The contracting organization certifies that all instructors meet the requirements of federal and state law, including drug and alcohol testing; and

(3) Student records are retained by the school for three years.

History

Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Renumbered from 90-178 and 90-179 and amended by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. Renumbered from 90-116 and amended by SCSR 46-6 Doc. No. 5105, eff June 24, 2022.

S.C. Code Regs. 90-116 Inspection of School Facilities

Each driver training school must permit authorized agents 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 produce all student records described herein, instructional material, and any other items within the scope of these Regulations, which are deemed necessary to complete the inspection.

History

Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Renumbered from 90-181 and amended by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. Renumbered from 90-117 and amended by SCSR 46-6 Doc. No. 5105, eff June 24, 2022.

S.C. Code Regs. 90-117 Cancellation and Refund Policy

This section applies to all licensed driver training schools, excluding duly accredited public colleges.

A. A Student who is training for a commercial driver’s license is entitled to a refund within thirty days under the following circumstances:

(1) If a Student provides written notice of cancelling the Enrollment Contract within three days of signing an Enrollment Contract, a full refund of all money paid to the School is due, minus any fees incurred by the School. In the event the cancellation notice is mailed, the postmark date on the envelope is evidence of the date of cancellation;

(2) If a Student provides written notice of cancelling the Enrollment Contract more than three (3) days after signing an Enrollment Contract, but prior to the start of classes, a full refund of all money paid to the School is due, minus one hundred dollars ($100) and any fees incurred by the School;

(3) If a Students has not visited the School facility prior to signing an Enrollment Contract, and provides written notice of cancelling the Enrollment Contract before the end of the first day of attendance at the School facility, a full refund of all money paid to the School is due, minus one hundred dollars ($100) and any fees incurred by the School;

(4) If the enrollment of a Student is procured as a result of a material misrepresentation in the written material utilized by a School, a full refund of all money paid to the School is due

(5) If a student provides written notice to the School within three days of attendance that they do not meet a material admissions requirement published in the School catalog, a full refund of all money paid to the School is due, minus any fees incurred by the School. No refund is due if the enrollment is based on false or misrepresented information provided by the Student;

(6) If a Student withdraws or is terminated from a School program after starting classes, the Student is entitled to a pro-rata refund based upon the number of days or hours of training completed, minus one hundred dollars ($100) and any fees incurred by the School. Any Student completing more than fifty percent of the course days, hours or curriculum is not entitled to any refund.

History

Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Amended by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. Renumbered from 90-118 and amended by SCSR 46-6 Doc. No. 5105, eff June 24, 2022.

S.C. Code Regs. 90-118 Driver Training School Advertising

A. No driver training school may publish, advertise, or otherwise represent that a student is guaranteed or assured success in receiving a South Carolina driver’s license.

B. No driver training school advertisement or publication may use any unique or distinguishing name, number, or phrase of another driver training school in a misleading manner. All driver training school publications and advertisements must prominently contain the name of the driver training school placing the advertisement or publication.

History

Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Renumbered from 90-183 and amended by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. Renumbered from 90-119 and amended by SCSR 46-6 Doc. No. 5105, eff June 24, 2022.

S.C. Code Regs. 90-119 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 owner holding 25% ownership or more, manager, or instructor of any crime listed in S.C. Reg. 90-106(A)(3).

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 with any federal or state laws providing for the licensing, regulation, and operation of driver training schools.;

D. The school or any agent 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 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 or dependent upon the use of alcohol, narcotics, or other controlled substances or becomes incompetent to operate a motor vehicle, as defined in Title 56 of the South Carolina Code;

F. The school violates the South Carolina Unfair Trades Practices Act, in Chapter 5 of Title 39 of the South Carolina Code; or

G. There is no qualified instructor employed by the school.

History

Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Renumbered from 90-184 and 90-185 and amended by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. Renumbered from 90-120 and amended by SCSR 46-6 Doc. No. 5105, eff June 24, 2022.

S.C. Code Regs. 90-120 Minimum Training Hours for Commercial Drivers Licenses

A. Requirements: One commercial motor vehicle must be provided for each three students during the highway training, provided four students per commercial motor vehicle are permitted if the vehicle has been inspected and approved for such use by the Department. No more than nine students per instructor will be allowed for field training.

B. Training Record: A training record must be completed and initialed by the student and instructor each day. The training record, including records tracking the minimum training hours required by the Department, should be maintained in the possession of the driver training school and must become part of the student record and made available for inspection by the Department upon request. The student’s completion of the state’s minimum training hours must be verified by the school and signed by the student.

C. Minimum Curriculum: To successfully complete truck driver training, licensed persons eighteen or older must complete a course satisfying the requirements of ELDT and consisting of the following minimum hours for the type of training being conducted:

(1) Class A Tractor-Trailer:

(a) A course of instruction that includes all applicable requirements set forth under 49 CFR, Part 380, et seq., with a minimum of one-hundred-and-forty-eight (148) hours of training, to include a minimum of eight (8) hours of behind-the-wheel driving on public roads;

(b) A commercial driving school may provide a Class A behind-the-wheel course as a separate course of instruction with a minimum of ninety-eight (98) hours of training if theory training has already been completed through another training provider. The course must include a minimum of eight (8) hours of behind-the-wheel driving on public roads. The school must verify that students have successfully completed theory training before they are allowed to attend.

(2) Class A Non-Tractor Trailer:

(a) A course of instruction to include all applicable requirements set forth under 49 CFR, Part 380, et seq, with a minimum of seventy (70) hours of training. The course must include a minimum of 4 hours of behind-the-wheel driving on public roads.

(b) A commercial driving school must provide a Class A Non-Tractor trailer behind-the-wheel course as a separate course of instruction with a minimum twenty (20) hours of training. The course must include a minimum of four (4) hours of behind-the-wheel driving on public roads.

(3) Class B or Straight Truck/Passenger Bus Instruction

(a) A course of instruction to include all applicable requirements set forth under 49 CFR, Part 380, et seq with a minimum of seventy (70) hours of training. The course must include a minimum of four (4) hours of behind-the-wheel driving on public roads;

(b) A commercial driving school may provide a Class B behind-the-wheel course as a separate course of instruction with a minimum of twenty (20) hours of training. The course must include a minimum of four (4) hours of behind-the-wheel driving on public roads. The school must verify that students have successfully completed theory training before they are allowed to attend.

D. Students who complete the Class “B” training who wish to upgrade to a Class “A” license may do so. Students who upgrade, will be given credit for any theory training already performed that is equivalent to the Class “A” theory training.

E. Hazardous materials, passenger and school bus endorsement theory training as separate courses of instruction.

History

Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Amended by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. Renumbered from 90-121 and amended by SCSR 46-6 Doc. No. 5105, eff June 24, 2022.

S.C. Code Regs. 90-121 Transferred

History

Former Regulation, titled Minimum Training Hours for Commercial Drivers Licenses, had the following history: Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Amended by SCSR 45-5 Doc. No. 5002, eff May 28, 2021; Transferred by SCSR 46-6 Doc. No. 5105, eff June 24, 2022. See, now S.C. CODE REGS. 90-120.

S.C. Code Regs. 90-122 Repealed

History

Former Regulation, titled Suspension, Revocation, Refusal to Issue or Renew Truck Driver Training School License, had the following history: Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Repealed by SCSR 45-5 Doc. No. 5002, eff May 28, 2021.

S.C. Code Regs. 90-123 Repealed

History

Former Regulation, titled Suspension, Revocation, Refusal to Issue or Renew a Truck Driver Training School Instructor’s License, had the following history: Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Repealed by SCSR 45-5 Doc. No. 5002, eff May 28, 2021.

Article 3 Driver Training Schools [REPEALED]

S.C. Code Regs. 90-160 Repealed

History

Former Regulation, titled Definitions, had the following history: Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Repealed by SCSR 45-5 Doc. No. 5002, eff May 28, 2021.

S.C. Code Regs. 90-161 Repealed

History

Former Regulation, titled General Application Requirements, had the following history: Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Repealed by SCSR 45-5 Doc. No. 5002, eff May 28, 2021.

S.C. Code Regs. 90-162 Transferred

History

Former Regulation, titled Driver Training School License Applicants Requirements, had the following history: Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Transferred by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. See, now S.C. CODE REGS. 90-101.

S.C. Code Regs. 90-163 Transferred

History

Former Regulation, titled Driving School Requirements, had the following history: Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Transferred by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. See, now S.C. CODE REGS. 90-102.

S.C. Code Regs. 90-164 Transferred

History

Former Regulation, titled Driver Training School License Application, had the following history: Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Transferred by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. See, now S.C. CODE REGS. 90-103.

S.C. Code Regs. 90-165 Transferred

History

Former Regulation, titled Driver Training School Motor Vehicle Liability Insurance Minimums, had the following history: Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Transferred by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. See, now S.C. CODE REGS. 90-104.

S.C. Code Regs. 90-166 Transferred

History

Former Regulation, titled Liability Insurance Coverage Requirements; Notice of Cancellation, had the following history: Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Transferred by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. See, now S.C. CODE REGS. 90-104.

S.C. Code Regs. 90-167 Transferred

History

Former Regulation, titled Driver Training School Instructor Qualifications, had the following history: Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Transferred by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. See, now S.C. CODE REGS. 90-105.

S.C. Code Regs. 90-168 Transferred

History

Former Regulation, titled Driving Instructors License Application Requirements, had the following history: Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Transferred by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. See, now S.C. CODE REGS. 90-106.

S.C. Code Regs. 90-169 Transferred

History

Former Regulation, titled Driver Training Instructor Licensing, had the following history: Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Transferred by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. See, now S.C. CODE REGS. 90-107.

S.C. Code Regs. 90-170 Transferred

History

Former Regulation, titled Registration, Inspection, and Required Equipment for Motor Vehicles Operated by Driver Training Schools, had the following history: Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Transferred by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. See, now S.C. CODE REGS. 90-108.

S.C. Code Regs. 90-171 Transferred

History

Former Regulation, titled Driver Training School Motor Vehicle Safety and Identification Requirements, had the following history: Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Transferred by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. See, now S.C. CODE REGS. 90-109.

S.C. Code Regs. 90-172 Transferred

History

Former Regulation, titled Driver Training School Facilities, had the following history: Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Transferred by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. See, now S.C. CODE REGS. 90-110.

S.C. Code Regs. 90-173 Transferred

History

Former Regulation, titled Driver Training School Physical Facilities, Hours of Operation, etc., had the following history: Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Transferred by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. See, now S.C. CODE REGS. 90-111.

S.C. Code Regs. 90-174 Transferred

History

Former Regulation, titled Driver Training School Course of Instruction, had the following history: Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Transferred by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. See, now S.C. CODE REGS. 90-112.

S.C. Code Regs. 90-175 Transferred

History

Former Regulation, titled Driver Training School Student Instruction Record, had the following history: Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Transferred by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. See, now S.C. CODE REGS. 90-113.

S.C. Code Regs. 90-176 Transferred

History

Former Regulation, titled Instruction Records and Files, had the following history: Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Transferred by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. See, now S.C. CODE REGS. 90-114.

S.C. Code Regs. 90-177 Transferred

History

Former Regulation, titled Receipts for Fees Paid for Instruction, had the following history: Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Transferred by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. See, now S.C. CODE REGS. 90-115.

S.C. Code Regs. 90-178 Transferred

History

Former Regulation, titled Driver Training School Contracts, had the following history: Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Transferred by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. See, now S.C. CODE REGS. 90-116.

S.C. Code Regs. 90-179 Transferred

History

Former Regulation, titled Driver Training School Contracts, Permanent Records, had the following history: Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Transferred by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. See, now S.C. CODE REGS. 90-116.

S.C. Code Regs. 90-180 Transferred

History

Former Regulation, titled Items Required for Display in Driver Training School Facility, had the following history: Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Transferred by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. See, now S.C. CODE REGS. 90-111.

S.C. Code Regs. 90-181 Transferred

History

Former Regulation, titled Inspection of School Facilities, had the following history: Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Transferred by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. See, now S.C. CODE REGS. 90-117.

S.C. Code Regs. 90-182 Repealed

History

Former Regulation, titled Driver Training School Complaints, had the following history: Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Repealed by SCSR 45-5 Doc. No. 5002, eff May 28, 2021.

S.C. Code Regs. 90-183 Transferred

History

Former Regulation, titled Driver Training School Advertising, had the following history: Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Transferred by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. See, now S.C. CODE REGS. 90-119.

S.C. Code Regs. 90-184 Transferred

History

Former Regulation, titled Suspension, Revocation, Refusal to Renew Driver Training School License, had the following history: Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Transferred by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. See, now S.C. CODE REGS. 90-120.

S.C. Code Regs. 90-185 Transferred

History

Former Regulation, titled Suspension, Revocation, Refusal to Issue or Renew a Driver Training Instructor’s License, had the following history: Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Transferred by SCSR 45-5 Doc. No. 5002, eff May 28, 2021. See, now S.C. CODE REGS. 90-120.

S.C. Code Regs. 90-186 Repealed

History

Former Regulation, titled Judicial Review Procedures, had the following history: Added by State Register Volume 31, Issue No. 6, eff June 22, 2007. Repealed by SCSR 45-5 Doc. No. 5002, eff May 28, 2021.

Article 4 Self-Insurers

S.C. Code Regs. 90-400 Self-Insurers

A. 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.

B. Political Subdivisions must meet the following requirements to be self-insured with the Department of Motor Vehicles:

(1) Apply annually to be self-insured. The application must be submitted at least thirty (30) days prior to the expiration of the current self-insured period.

(2) 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.

(3) Annually provide proof that sufficient funds are available and will be maintained to cover the projected losses listed in the actuary’s report.

(4) 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.

(5) If an Excess Liability Insurance Policy is in place, the political subdivision must designate the Department of Motor Vehicles as the Certificate holder on the policy.

C. All Other Self-Insured Applicants must meet the following requirements:

(1) Apply annually to be self-insured. The application must be submitted at least thirty (30) days prior to the expiration of the current self-insured period and contain the information required by Section 56-9-60.

(2) Self-Insured funds for any claims account must be segregated in a federally insured savings or checking account or maintained in another federally insured account such as:

(a) Money Market Accounts; or

(b) Certificates of Deposits.

(3) All accounts containing self-insured funds must either be payable to the South Carolina Department of Motor Vehicles 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 must also be notified when the term has expired for any certificates of deposit containing self-insured funds.

(4) The Department must be provided copies of statements of accounts containing self-insured funds on at least a quarterly basis. Failure to provide the Department with copies of the quarterly statements of accounts for self-insured funds within thirty days of when such statements are due to the Department if grounds for cancellation of self-insured status.

(5) Should the funds in the segregated self-insured account decrease by more than thirty percent in any given certificate year, the self-insurer must deposit additional funds into the segregated self-insured account within thirty days of that decrease to bring the account back at least the seventy percent funding level required for that self-insurance year.

(6) If a self-insured person or company has applied for a renewal of their self-insurance at least thirty (30) days prior to expiration of their current self-insurance certificate issued by the Department, and the Department is unable to complete its review of the application before the self-insured person or company’s current self-insurance certificate expires and so long as the delay in reviewing the application is through no fault of the applicant, then the Department may issue a temporary extension of the self-insurance certificate in thirty (30) day increments. In no case may such extensions continue for more than ninety (90) days per application.

History

Added by SCSR 48-5 Doc. No. 5228, eff May 24, 2024.

Article 5 Billing Accounts

S.C. Code Regs. 90-500 Establishing a Billing Account

A. Eligible customers must request in writing to establish a billing account. At the Department’s discretion, eligible customers are those who represent businesses and can provide the business’s Federal ID Number or individuals who hold professional licenses with a need to establish a billing account with the Department. Private individuals in their capacity as private individuals are not authorized to establish billing accounts with the Department.

B. Customers must furnish the following information:

(1) Mailing address for billing purposes.

(2) Contact person, contact number, and email address.

(3) Companies must provide their Federal I. D. number.

C. The Customer must remit with request a security deposit. The security deposit shall be $250 or the average monthly rate of cost of records sought by the Customer during the one year period occurring just prior to applying for the billing account, whichever amount is greater. The money remitted is a security deposit and not an advance payment for services rendered. The Deposit will remain on file with the Department until written notice of cancellation is received from the customer and all invoices have been paid.

D. After review and approval, an account number will be assigned to the Customer to use when requesting information.

E. Approval for a billing account will be in the sole discretion of the Department.

History

Added by SCSR 48-5 Doc. No. 5221, eff May 24, 2024.

S.C. Code Regs. 90-501 Department Invoicing Procedures

A. Each request for information will be charged at the normal and typical rate, if a rate is not already set in statute, for the document or information requested.

B. Invoices will be prepared monthly for billing accounts.

C. Invoices must be paid within thirty (30) days of the date the invoice was generated for the account to remain active and in good standing. If an invoice is not paid within thirty (30) days of generation of the invoice, the account will become delinquent and subject to closure.

History

Added by SCSR 48-5 Doc. No. 5221, eff May 24, 2024.

S.C. Code Regs. 90-502 Delinquent Billing Accounts

A. If payment is not received within thirty (30) days of generation of the invoice, the account may be suspended or closed, and the security deposit may be applied to all outstanding invoices.

B. Should any funds from the security deposit remain after satisfaction of all outstanding invoices, that remaining balance will be refunded to the company or individual.

C. If the security deposit does not satisfy all outstanding invoices, the company or individual will be notified of the remaining balance due to the Department. If the remaining balance due to the Department is not paid within thirty (30) days of generation of the balance due invoice, the Department may proceed with any lawful collection measures.

D. Any company or individual that fails to pay their balance due invoice to the Department within thirty (30) days of generation of the balance due invoice may be denied access to create a billing account with the Department. For purposes of evaluation under this section, immediate family, as defined by Section 56-37-20 shall be considered to be the same person as the applicant for purposes of creating a billing account with the Department.

History

Added by SCSR 48-5 Doc. No. 5221, eff May 24, 2024.

S.C. Code Regs. 90-503 Closing Billing Accounts

A. Customers may terminate a billing account by requesting such closure in writing to the Department of Motor Vehicles, P. O. Box 1029, Blythewood, South Carolina 29016.

B. Upon receipt of the request, the Department will suspend privileges under the account and will determine the amount of any outstanding balance.

C. Any amounts due will be deducted from the security deposit with the remaining balance being returned to the customer. If the security deposit does not cover the remaining balance, the Department shall proceed as outlined in Regulation 90-502(C) and (D), as applicable.

History

Added by SCSR 48-5 Doc. No. 5221, eff May 24, 2024.