South Carolina Code 56-1-2110. Disqualification from driving commercial motor vehicle
(1) driving a motor vehicle under the influence of alcohol, a controlled substance, or a drug which impairs driving ability as prescribed by state law;
Terms Used In South Carolina Code 56-1-2110
- 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 - Controlled substance: means a substance classified under Section 102(6) of the Controlled Substances Act (21 U. See South Carolina Code 56-1-2030
- Disqualification: means a withdrawal of the privilege to drive a commercial 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
- Felony: means an offense under state or federal law that is punishable by death or imprisonment for more than one year. 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
- 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
(2) driving a commercial motor vehicle while the alcohol concentration of the person’s blood or breath or other bodily substance is four one-hundredths or more;
(3) leaving the scene of an accident involving a motor vehicle driven by the person;
(4) using a motor vehicle in the commission of a felony as defined in this article;
(5) refusal to submit to a test to determine the driver‘s alcohol concentration while driving a motor vehicle;
(6) driving a commercial motor vehicle when, as a result of prior violations committed while operating a commercial motor vehicle, the driver’s commercial driver’s license is revoked, suspended, or canceled, or the driver is disqualified from operating a commercial motor vehicle;
(7) causing a fatality through the negligent operation of a commercial motor vehicle, including, but not limited to, the crimes of motor vehicle manslaughter, homicide by a motor vehicle, and negligent homicide. If any of the above violations occur while transporting a hazardous material required to be placarded, the person is disqualified for not less than three years.
(B) A person is disqualified for life if convicted of two or more violations of any of the offenses specified in subsection (A) or a combination of those offenses, arising from two or more separate incidents.
(C) Only offenses committed after the effective date of this article may be considered in applying this subsection.
(D) The department may issue regulations establishing guidelines, including conditions, under which a disqualification for life under subsection (B) may be reduced to not less than ten years.
(E) A commercial driver’s license holder is disqualified from driving a commercial motor vehicle for life who uses a commercial motor vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance or possession with intent to manufacture, distribute, or dispense a controlled substance.
(F) A person is disqualified from driving a commercial motor vehicle for not less than sixty days if convicted of two serious traffic violations or one hundred twenty days if convicted of three serious traffic violations committed in a motor vehicle arising from separate incidents occurring within a three-year period.
(G) A person is disqualified from driving a commercial motor vehicle if a report pursuant to § 56-1-2220 has been received by the Department of Motor Vehicles that the person has received a verified positive drug test or positive alcohol confirmation test, or refused to take a drug or alcohol test. A disqualification under this subsection remains in effect until the person undergoes a drug and alcohol assessment by a substance abuse professional meeting the requirements of 49 C.F.R. § 40, and the substance abuse professional certified in a manner approved by the Department of Alcohol and Other Drug Abuse Services that the person has successfully completed a drug or alcohol treatment or education program as recommended by the substance abuse professional. A person who is disqualified under this subsection more than three times in a five-year period is disqualified for life.
(H) After suspending, revoking, or canceling a commercial driver’s license, the department shall update its records to reflect that action immediately. After suspending, revoking, or canceling a nonresident commercial driver’s privilege, the department shall notify the licensing authority of the state which issued the commercial driver’s license or commercial driver’s instruction permit within ten days.
(I) For purposes of this section, serious traffic violations are those violations contained in § 56-1-2030(22) and 49 C.F.R. § 383.5 and 383.51.