South Carolina Code 56-1-2060. Employer’s responsibilities
(B) An employer knowingly may not allow, permit, or authorize a person to drive a commercial motor vehicle during a period in which:
Terms Used In South Carolina Code 56-1-2060
- Commercial motor vehicle: means a motor vehicle designed or used to transport passengers or property if the vehicle:
(a) has a gross vehicle weight rating of twenty-six thousand one or more pounds;
(b) is designed to transport sixteen or more persons, including the driver; or
(c) is transporting hazardous materials and is required to be placarded in accordance with 49 C. See South Carolina Code 56-1-2030 - Drive: means to drive, operate, or be in physical control of a motor vehicle. See South Carolina Code 56-1-2030
- Driver: means a person who drives a commercial motor vehicle or who is required to hold a commercial driver's license. See South Carolina Code 56-1-2030
- Employer: means a person, including the United States, a state, or a political subdivision of a state who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle. See South Carolina Code 56-1-2030
- Motor vehicle: means a vehicle which is self- propelled and a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails, except a vehicle moved solely by human power and motorized wheelchairs. See South Carolina Code 56-1-2030
- Out-of-service order: means declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican, or local jurisdiction that a person, a commercial motor vehicle, or a motor carrier operation is out of service pursuant to 49 CFR Sections 386. See South Carolina Code 56-1-2030
- State: means a state or territory of the United States and the District of Columbia and the federal government and a province or territory of Canada. See South Carolina Code 56-1-2030
(1) the person’s commercial driver‘s license is suspended, revoked, or canceled by a state, has lost the privilege to drive a commercial motor vehicle in a state, is disqualified from driving a commercial motor vehicle, or is subject to an out-of-service order in a state;
(2) the person has more than one driver’s license, except during the ten- day period beginning on the date the employee is issued a driver’s license;
(3) an employer who knowingly allows, permits, or authorizes a person to drive a commercial motor vehicle during a period in which either the vehicle or the person is subject to an out-of-service order is subject to a civil penalty of not less than two thousand seven hundred fifty dollars nor more than eleven thousand dollars; or
(4) the employer is in violation of a federal, state, or local law or regulation pertaining to railroad-highway grade crossings.
(C) An employer who is convicted of a violation of 49 C.F.R. § 383.37(d) is subject to a civil penalty of not more than ten thousand dollars.