South Carolina Code 56-1-2112. Offenses resulting in disqualification from operating commercial motor vehicle; time periods
(1) for drivers who are not required to always stop, failing to slow down and check that the tracks are clear of an approaching train;
Terms Used In South Carolina Code 56-1-2112
- 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 - Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated. 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
- 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) for drivers who are not required to always stop, failing to stop before reaching the crossing, if the tracks are not clear;
(3) for drivers who are always required to stop, failing to stop before driving onto the crossing;
(4) for all drivers, failing to have sufficient space to drive completely through the crossing without stopping;
(5) for all drivers, failing to obey a traffic control device or the directions of an enforcement official at the crossing;
(6) for all drivers, failing to negotiate a crossing because of insufficient undercarriage clearance.
(B) A person is disqualified from driving a commercial motor vehicle for committing an offense contained in subsection (A) for not less than:
(1) sixty days for the first conviction committed in a commercial motor vehicle;
(2) one hundred twenty days for the second conviction committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period; and
(3) one year for the third or subsequent conviction committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period.