§ 56-1-2080 — Qualifications for license; administration of skills test; persons to whom license may not be issued; commercial driver instruction permit.

South Carolina § 56-1-2080

• Jurisdiction: South Carolina
• Title 56: MOTOR VEHICLES
• Ch. 1: DRIVER'S LICENSE

Text

(A)(1) A person may not be issued a commercial driver's license unless that person is a resident of this State and has passed a knowledge and skills test for driving a commercial motor vehicle which complies with the minimum federal standards established by 49 C.F.R. Part 383, subparts F, G, and H and has satisfied all other requirements of the CMVSA as well as any other requirements imposed by state law or federal regulation. The tests must be prescribed and conducted by the department. The first commercial driver's license skills test administered by the department to an individual is free of charge; thereafter, the Department of Motor Vehicles is authorized to charge a fee of twenty-five dollars for each subsequent commercial driver's license skills test administered to that individual. State agency and school district employees who are required to possess a commercial driver's license in the course of their normal job duties are exempt from this requirement. This fee must be placed into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167 by the Comptroller General. (2) The department may authorize a person, including an agency of this or another state, an employer, a private driver training facility or other private institutions, or a department, agency, or instrumentality of local government, to administer the skills test required by this subsection if: (a) the test is the same which otherwise would be administered by the department; and (b) the third party has entered into an agreement with the department which contains at least the following provisions: (i) authorization for the department or the Federal Motor Carrier Safety Administration or its representatives to conduct random examinations, inspections, and audits without prior notice and randomly test commercial driver's license applicants or holders at least annually. An applicant or holder who fails retesting shall lose his commercial driver's license; (ii) permission for the department or its representative to conduct onsite inspections at least annually; (iii) requirement that all third-party examiners meet the same qualifications and training standards as the department's examiners to the extent necessary to conduct the driving skill tests; (iv) authorization for the department to charge a fee, as determined by the department, which is sufficient to defray the actual costs incurred by the department for administering and evaluating the employer testing program and for carrying out any other activities considered necessary by the department to assure sufficient training for the persons participating in the program. (B) A commercial driver license or commercial driver instructional permit may not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle or while the person's driver's license is suspended, revoked, or canceled in any state, nor may a commercial driver license be issued to a person who has a commercial driver license issued by any other state unless the person first surrenders all those licenses, each of which must be returned to the issuing state for cancellation. (C)(1) A commercial driver instruction permit may be issued to an individual who holds a valid Class "D" license and who has passed the appropriate vision and written test for the type of commercial driver license sought. (2) The holder of a commercial driver instruction permit, unless otherwise disqualified, may drive a commercial motor vehicle but only when accompanied by the holder of a commercial driver license with applicable endorsements which is valid for the type of vehicle driven, and who occupies a seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle. (3) The commercial driver instruction permit may not be issued for longer than one year.

Legislative History

HISTORY: 1989 Act No. 151, SECTION 2; 1998 Act No. 258, SECTION 21; 2005 Act No. 42, SECTION 6, eff May 3, 2005; 2008 Act No. 353, SECTION 2, Pt 13D, eff July 1, 2009; 2016 Act No. 275 (S.1258), SECTION 26, eff July 1, 2016; 2019 Act No. 86 (H.3789), SECTION 7, eff November 24, 2019. Effect of Amendment 2019 Act No. 86, SECTION 7, substituted "one year" for "six months" and deleted the second sentence, which provided that only one renewal or reissuance may be granted within a two-year period.