S.C. Code Regs. § § 38-383.71

Current through Register Vol. 48, 12, December 27, 2024

Section 38-383.71 - Driver application procedures

(a) Initial Commercial Driver's License. Prior to obtaining a CDL, a person must meet the following requirements:

(1) A person who operates or expects to operate in interstate or foreign commerce, or is otherwise subject to part 38-391, shall certify that he/she meets the qualification requirements contained in part 38-391. A person who operates or expects to operate entirely in intrastate commerce and is not subject to part 38-391, is subject to State driver qualification requirements and must certify that he/she is not subject to part 38-391;

(2) Pass a knowledge test in accordance with the standards contained in Subparts G and H of 38-382 for the type of motor vehicle the person operates or expects to operate;

(3) Pass a driving or skills test in accordance with the standards contained in Subparts G and H of 38-382 taken in a motor vehicle which is representative of the type of motor vehicle the person operates or expects to operate; or provide evidence that he/she has successfully passed a driving test administered by an authorized third party;

(4) Certify that the motor vehicle in which the person takes the driving skills test is representative of the type of motor vehicle that person operates or expects to operate;

(5) Provide to the State of issuance the information required to be included on the CDL as specified in Subpart J of 38-382;

(6) Certify that he/she is not subject to any disqualification, suspension, revocation, or cancellation as contained in Regulation Regulation 38-383.51 and that he/she does not have a driver's license from more than one State or jurisdiction.

(7) The applicant shall surrender his/her non CDL driver's licenses to the State.

(8) Provide the names of all States where the applicant has previously been licensed to drive any type of motor vehicle during the previous 10 years.

(9) If applying for a hazardous materials endorsement, comply with Transportation Security Administration requirements codified in 49 CFR Part 1572, and provide proof of citizenship or immigration status as specified in Table 1. A lawful permanent resident of the United States requesting a hazardous materials endorsement must additionally provide his or her Bureau of Citizenship and Immigration Services (BCTS) Alien registration number.

Table 1 to Regulation Regulation 38-383.71--List of Acceptable Proofs of Citizenship or Immigration

Status	Proof of Status
U.S. Citizen:	1.	U.S. Passport
	2.	Certificate of birth that bears an official seal and was issued by a State, county, municipal authority, or outlying possession of the United States
	3.	Certification of Birth Aboard issued by the U.S. Department of State (Form FS-545 or DS 1350)
	4.	Certificate of Naturalization (Form N-550 or N-570)
	5.	Certificate of U.S. Citizenship (Form N-560 or N-561)
Lawful Permanent Resident:	1.	Permanent Resident Card, Alien Registration Receipt Card (Form I-551)
	2.	Temporary I-551 stamp in foreign passport
	3.	Temporary I-551 stamp on Form I-94, Arrival/Departure Record, with photograph of the bearer
	4.	Re-entry Permit (Form I-327)

(b) License transfer. When applying to transfer a CDL from one State of domicile to a new State domicile, an applicant shall apply for a CDL from the new State of domicile within no more than 30 days after establishing his/her new domicile. The applicant shall:

(1) Provide to the new State of domicile the certifications contained in Regulation Regulation 38-383.71(a) (1) and (6):

(2) Provide to the new State of domicile updated information as specified in Subpart J of 38-382;

(3) If the applicant wishes to retain a hazardous materials endorsement, comply with State requirements as specified in Regulation 38-383.73(b)(4);

(4) Surrender the CDL from the old State of domicile to the new State of domicile; or

(5) Provide the names of all States where the applicant has previously been licensed to drive any type of motor vehicle during the previous 10 years;

(c) License renewal. When applying for a renewal of a CDL, all applicants shall:

(1) Provide certification contained in Regulation 38-383.71(a)(1);

(2) Provide update information as specified in Subpart J of 38-382;

(3) If a person wishes to retain a hazardous materials endorsement, he/she must comply with the requirements specified in Regulation Regulation 387.71(a)(9) and pass the test for such endorsement; and

(4) Provide the names of all States where the applicant has previously been licensed to drive any type of motor vehicle during the previous 10 years.

(d) License upgrades. When applying to operate a commercial motor vehicle in a different group or endorsement from the group or endorsement in which the applicant already has a CDL, all persons shall:

(1) Provide the necessary certifications as specified in Regulation Regulation 38-383.71(a) (1) and (a)(4);

(2) Pass all tests specified in Regulation Regulation 38-383.71(a) (2) and (a)(3)for the new vehicle group and/or different endorsements; and

(3) To obtain a hazardous materials endorsement, comply with the requirements for such endorsement specified in Regulation 387.71(a)(9).

(e) Nonresident CDL. When an applicant is domiciled in a foreign jurisdiction, as defined in Regulation Regulation 38-383.5, where the commercial motor vehicle operator testing and licensing standards do not meet the standards contained in Subparts G and H of 38-382, as determined by the Administrator, such applicant shall obtain a Nonresident CDL from a State which meets such standards. Such applicant shall:

(1) Complete the requirements to obtain a CDL contained in Regulation 38-383.71(a); and

(2) After receipt of the CDL, and for as long as it is valid, notify the State which issued the CDL of any adverse action taken by any jurisdiction or governmental agency, foreign or domestic, against his/ her driving privileges. Such adverse actions would include but not be limited to license suspension or revocation, or disqualification from operating a commercial motor vehicle for the convictions described in 38-383.51. Notifications shall be made within the time periods specified in Regulation Regulation 38-383.33.

(f) If a State uses the alternative method described in Regulation Regulation 38-383.73(i) to achieve the objectives of the certifications in Regulation Regulation 38-383.71(a), then the driver applicant shall satisfy such alternative methods as are applicable to him/her with respect to initial licensing, license transfer, license renewal, and license upgrades.

S.C. Code Regs. § 38-383.71

Added by State Register Volume 30, Issue No. 4, eff April 28, 2006.