S.C. Code Regs. § § 38-396.17

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

Section 38-396.17 - Periodic inspection

(a) Every commercial motor vehicle shall be inspected as required. The inspection shall include, at a minimum, the parts and accessories set forth in appendix G of this regulation.

Note: The term commercial motor vehicle includes each vehicle in a combination vehicle. For example, for a tractor semitrailer, fulltrailer combination, the tractor, semitrailer, and the fulltrailer (including the converter dolly if so equipped) shall each be inspected.

(b) Except as provided in Regulation Regulation 38-396.23, a motor carrier shall inspect or cause to be inspected all motor vehicles subject to its control.

(c) A motor carrier shall not use a commercial motor vehicle unless each component identified in appendix G has passed an inspection in accordance with the terms of section 17 at least once during the preceding 12 months and documentation of such inspection is on the vehicle. The documentation may be:

(1) The inspection report prepared in accordance with paragraph 38-396.21(a), or

(2) Other forms of documentation, based on the inspection report (e.g., sticker or decal), which contains the following information:

(i) The date of inspection;

(ii) Name and address of the motor carrier or other entity where the inspection report is maintained;

(iii) Information uniquely identifying the vehicle inspected if not clearly marked on the motor vehicle; and

(iv) A certification that the vehicle has passed an inspection in accordance with Regulation Regulation 38-396.17.

(d) A motor carrier may perform the required annual inspection for vehicles under the carrier's control which are not subject to an inspection under Regulation 38-396.23(b)(1).

(e) In lieu of the self inspection provided for in paragraph (d), a motor carrier may choose to have a commercial garage, fleet leasing company, truck stop, or other similar commercial business perform the inspection as its agent, provided that business operates and maintains facilities appropriate for commercial vehicle inspections and it employs qualified inspectors, as required by Regulation 38-396.19.

(f) Vehicles passing roadside or periodic inspections performed under the auspices of any State government or equivalent jurisdiction or the FHWA, meeting the minimum standards contained in appendix G of this regulation, will be considered to have met the requirements of an annual inspection for a period of 12 months commencing from the last day of the month in which the inspection was performed, except as provided in Regulation 38-396.23(b)(1).

(g) It shall be the responsibility of the motor carrier to ensure that all parts and accessories not meeting the minimum standards set forth in appendix G to this regulation are repaired promptly.

(h) Failure to perform properly the annual inspection shall cause the motor carrier to be subject to the penalty provisions provided by 49 U.S.C. 521(b).

S.C. Code Regs. § 38-396.17

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