S.C. Code Regs. § § 90-100

Current through Register Vol. 48, No. 11, November 22, 2024

Section 90-100 - Definitions

A. "Behind the Wheel" (BTW) means training provided by an instructor where the student is actually in control of and operating the vehicle during a driving lesson conducted on public roads or on a range.

B. "Catalog" means a booklet which must be given to each student prior to classes beginning and must be presented at the time the student signs the enrollment contract. Each catalog should be dated upon publication and revision. The catalog should contain at a minimum, a history of the truck driver training school, list of owners, officers, or directors, including addresses, licensing authority, complaint procedures, class start and stop times, attendance and disciplinary rules, course outlines, cost of training, books, supplies, fees, and all other charges the student would be expected to bear, minimum entrance requirements, graduation requirements, refund policy, placement policy, procedures for providing CDL test services.

C. "Category" means theory instruction, field instruction, BTW instruction, and observation while on the road.

D. "Classroom" means student is in classroom environment learning principles, laws, regulations, and/or rules of the road for driving a motor vehicle.

E. "Class B" means any single vehicle with a Gross Vehicle Weight Rating (GVWR) of 11,794 kilograms or more (26,001 pounds or more), or any such vehicle towing a vehicle not in excess of 4,536 kilograms (10,000 pounds) GVWR.

F. "Class A" means any combination of vehicles with a Gross Combination Weight Rating (GCWR) of 26,001 pounds or more, provided the Gross Vehicle Weight Rating (GVWR) of the vehicle being towed is more than 10,000 pounds.

G. "Class A Non-Tractor Trailer" means any combination unit connected by a non-fifth wheel connection such as a pintle hook, goose neck, or ball-and-chain hook up where gross combination weight rating (GCWR) is 26,001 pounds or more, providing the towing unit has a GVWR less than 26,001 pounds and the towing unit has a GVRW of 10,001 or more GVWR.

H. "Commercial motor vehicle" means a vehicle with a gross vehicle weight rating of 10,001 pounds or more, used in commerce.

I. "Department" means the South Carolina Department of Motor Vehicles.

J. "Enrollment contract" means any agreement or instrument, however named, which creates or evidences an obligation binding a student to purchase or otherwise incur a legal obligation in exchange for receiving an educational course from a driver training school.

K. "Field training" means off road training in and around the type commercial motor vehicle used in truck driver training.

L. "Graduate" means any student who completes the minimum required hours and demonstrates proficiency in all lessons and classes required by the ELDT program (if applicable) and the Department and discharges any and all other requirements or obligations as prerequisites for completing the full course of study.

M. "Instructor" means an individual certified by the Department to give classroom and or BTW instruction to students enrolled in the school.

N. "Hour" when used in the context of requisite driver training periods, means an instructional period of fifty minutes.

O. "Observation" means when a student observes another student actually operate a motor vehicle on the public roads.

P. "Successfully Complete" means earning a grade of at least eighty percent on all ELDT required knowledge assessments and demonstrating proficiency in all other ELDT requirements for commercial driving school students and earning a grade of at least seventy percent for non-commercial driving school students.

Q. "Permanent Structure" means a building set on a foundation or is otherwise strapped to the ground and is in compliance with all zoning ordinances and codes and has been issued a "Certificate of Occupancy."

R. "Range" means a student practicing area that must be free of obstructions, has adequate sight lines and enables the driver to maneuver safely and free from interference from other drivers and hazards while, a student is practicing backing and other maneuvering exercises with a commercial motor vehicle.

S. "Record" means , either electronic or paper copies, which include, if applicable, program records, initial school licensure application, and supporting documents, vehicle registration and maintenance records for all vehicles used in training, enrollment records showing student admission qualifications, curriculum standards, handbooks, manuals of instruction, course outlines, instructor records showing qualifications for training, student driving records, , criminal history records (if required) training records, attendance records, permit issue date. "Records" also means appropriate documentation on instructor qualifications, statistical data required by the Department, and all other documents sufficient to justify the legitimate operation of the school.

(1) Records for Truck Driver Training Schools also includes all documents setting forth the requirements of 49 CFR, 380, lessons plans and training curricula for theory, and behind the wheel (BTW) (range and public road) training, documentation of individual entry level driver training assessments, tracking records showing assessment results to determine driver-trainees' proficiency in knowledge assessments in appendices A through E of 49 CFR part 380 , as applicable; tracking records to determine a student's proficiency in BTW skills in accordance with the curricula in appendices A through D of Part 380, as applicable; documents tracking each driver-trainees' minimum scores in all other knowledge tests and skills assessments, documents tracking student training hours and documentation showing satisfaction of state minimum training hours, and any other records showing a student's level of mastery of training materials, and CDL test history (when applicable), criminal history (when required), drug screens; grades, attendance records.

(2) Truck Driver Training Schools Instructor Records include appropriate documentation demonstrating instructor qualifications for inclusion in the Training Provider Registry, statistical data required by the Department, instructor permit(s) and all other documents showing compliance with the federal ELDT program requirements for commercial driving instructors.

T. "Student" means any person who has signed a Contract and enrolled with a driver training school and who has not cancelled that Contract before the instruction begins.

U. "Theory instruction" means knowledge instruction on the operation of a motor vehicle and related matters provided by an instructor through lectures, demonstrations, audio-visual presentations, computer-based instruction, driving simulation devices, online training, or similar means.

V. "Truck Driver Training School" means any enterprise conducted by an individual, association, partnership, or corporation, not exempted under S.C. Code of Laws Section 56-23-20, for the education and training of persons, either in the classroom or behind-the-wheel, to operate or drive a truck-tractor combination unit, Class B/Straight Truck or Passenger Bus Training and charging a fee or tuition or otherwise binding a student to a legal obligation in exchange for those services.

S.C. Code Regs. § 90-100

Added by State Register Volume 31, Issue No. 6, eff June 22, 2007; State Register Volume 45, Issue No. 05, eff. 5/28/2021; State Register Volume 46, Issue No. 06, eff. 6/24/2022.