Terms Used In South Carolina Code > Title 56 > Chapter 1 > Article 13 - (B) a Motor Vehicle Operating Pursuant to This Section Must Be Issued a Statement From the Person or Entity Authorizing the Transport of Goods or Materials Which Certifies That the Motor Carrier Is Providing Humanitarian Relief Without Compensation On a

• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• CMVSA: means the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570). See South Carolina Code 56-1-2030
• 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
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Controlled substance: means a substance classified under Section 102(6) of the Controlled Substances Act (21 U. 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
• Decedent: A deceased person.
• Disqualification: means a withdrawal of the privilege to drive a commercial motor vehicle. 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
• Endorsement: means a special authorization to drive certain types of vehicles or to transport certain types of property or a certain number of passengers. See South Carolina Code 56-1-2030
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• 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
• Fiduciary: A trustee, executor, or administrator.
• Fraud: Intentional deception resulting in injury to another.
• Gross vehicle weight rating: means the weight or the value specified by the manufacturer as the maximum loaded weight of a single or a combination vehicle. See South Carolina Code 56-1-2030
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hazardous materials: means any material that has been designated as hazardous under 49 C. See South Carolina Code 56-1-2030
• Inter vivos: Transfer of property from one living person to another living person.
• Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• 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
• Personal property: All property that is not real property.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Restriction: means a prohibition against driving certain types of vehicles or a requirement that the driver comply with certain conditions when driving a motor vehicle. See South Carolina Code 56-1-2030
• School bus: means a commercial motor vehicle used to transport pre-primary, primary, or secondary students from home to school, from school to home, or to and from school-sponsored events. 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
• Statute: A law passed by a legislature.
• Trustee: A person or institution holding and administering property in trust.
• United States: means the fifty states and the District of Columbia. See South Carolina Code 56-1-2030
• Venue: The geographical location in which a case is tried.