As used herein, the following terms shall be accorded meaning as indicated:
- 1. Certificated Carrier. “Certificated Carrier” means a motor carrier operating under a Certificate.
- 2. Certificate. “Certificate” means the certificate authorized to be issued under the provisions of Chapter 23 of Title 58 of the Code of Laws of South Carolina, 1976. Certificates shall be required of all for-hire passenger carriers, household good carriers (except those operating exclusively within the limits of any municipality), and hazardous waste for disposal carriers. Holders of Certificates shall be considered regulated carriers.
- 3. Charter Bus Certificate. A “Charter Bus Certificate” is a certificate issued to charter bus motor carriers which signifies that the motor carrier has met all of the insurance requirements of the commission, and all of the safety requirements of the South Carolina Department of Public Safety. A Charter Bus Certificate shall be denominated “Class C-Charter Bus.”
- 4. Charter Bus. “Charter Bus” is a passenger carrier equipped to carry sixteen (16) or more passengers.
- 5. Class C Charter Certificate. “Class C Charter Certificate” is a Class C certificate required to be held by service providers engaged in passenger for hire transportation using any motor vehicle equipped to carry up to fifteen (15) passengers and accepting passengers exclusively on a pre-arranged basis. A Class C Charter Certificate shall be denominated “Class C - Charter.”
- 6. Class C Taxi Certificate. “Class C Taxi Certificate” is a Class C certificate required to be held by service providers engaged in passenger for hire transportation using any motor vehicle equipped to carry up to fifteen (15) passengers, whether or not equipped to handle wheelchairs, which operates on call or demand/response service whereby remuneration is determined on a per trip basis. The issuance of a Taxi certificate signifies that the motor carrier has met all of the requirements of the commission and all of the safety requirements of the Department of Public Safety. A Class C Taxi Certificate shall be denominated “Class C - Taxi.”
- 7. Class C Non-Emergency Certificate. “Class C Non-Emergency Certificate” is a Class C Certificate required to be held by service providers engaged in passenger for hire transportation using any motor vehicle for transportation over irregular routes, to or from medical facilities only in non-emergency situations.
- 8. Class C Stretcher Van Certificate. “Class C Stretcher Van Certificate” is a Class C Certificate required to be held by service providers engaged in passenger for hire transportation using any motor vehicle to provide transportation to passengers, to or from medical facilities only, that are non-ambulatory and cannot be transported in a wheel-chair van over irregular routes.
- 9. Commission. “Commission” means the Public Service Commission of South Carolina.
- 10. Common Carrier by Motor Vehicle. “Common Carrier by Motor Vehicle” means any person which holds itself out to the general public to engage in the transportation by motor vehicle in intrastate commerce of persons or property for compensation, whether over regular or irregular routes, except as exempted in Section 58-23-50 and Section 58-23-70 of Code of Laws of South Carolina, 1976.
- 11. Contract Carrier by Motor Vehicle. “Contract Carrier by Motor Vehicle” means any person which engages in transportation by motor vehicle of property in intrastate commerce for compensation under contracts with one person or a limited number of persons either (a) for the furnishing of transportation service through the assignment of motor vehicles to the exclusive use of each person served, or (b) for the furnishing of transportation services designed to meet the distinct need of each individual customer.
- 12. Corporation. “Corporation” means a corporation, company, association, or joint stock association.
- 13. Driver. “Driver” or “Operator” shall mean any person who physically operates a motor vehicle under the jurisdiction of the Commission as an owner, agent, lessee, independent contractor or employee of any certificated carrier.
- 14. Interstate Commerce. “Interstate Commerce” means commerce between any place in a state and any place in another state.
- 15. Intrastate Commerce. “Intrastate Commerce” means commerce between points and over a route or within a territory wholly within this State, which commerce is not a part of a prior or subsequent movement to or from points outside of this State in interstate or foreign commerce, and includes all transportation within this State for compensation which has been exempted by Congress from federal regulation in interstate or foreign commerce.
- 16. Limousine. A “Limousine” shall mean any motor vehicle equipped to carry up to fifteen (15) passengers which exclusively engages in “Class C Charter” operations. Limousines shall be required to obtain a Class C - Charter certificate.
- 17. Motor Carrier. “Motor Carrier” means both a common carrier by motor vehicle and a contract carrier by motor vehicle.
- 18. Motor Vehicle Carrier Law. “Motor Vehicle Carrier Law” means Articles 1 to 11 and 15 of Chapter 23 of Title 58 of the Code of Laws of South Carolina, 1976.
- 19. Motor Vehicle. “Motor Vehicle” means any vehicle, machine, tractor, semi-trailer, or any combination thereof, which is propelled or drawn by mechanical power and used upon the highways of this State.
- 20. Municipality. “Municipality” means any incorporated city or town within the State of South Carolina.
- 21. Non-Emergency Vehicle. “Non-Emergency Vehicle” means a vehicle that is used for providing, for a fee or charge, non-emergency, medically necessary transportation, for passengers.
- 22. ORS. The “ORS” means the South Carolina Office of Regulatory Staff.
- 23. Person. “Person” means any individual, firm, partnership, corporation, company, association, or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof.
- 24. Public Highway. “Public Highway” means every improved public highway in this State which is or may hereafter be declared to be a part of the state highway system or any county highway system or a street of any city or town.
- 25. Rates. “Rates” include rates, fares, tolls, rentals and charges.
- 26. State. “State” means the State of South Carolina.
- 27. STB. “STB” means Surface Transportation Board.
- 28. Tariff. “Tariff” means any schedule or publication showing the rates, fares, charges, rules, regulations, and classifications for the transportation within this State of persons and property.
- 29. Taxi. A “Taxi” or “Taxi Cab” means a passenger carrier vehicle capable of carrying between one and fifteen passengers, the use or transportation in which is paid for or billed to the passengers on a per trip basis.
- 30. Wheelchair-Accessible Vehicle. “Wheelchair-Accessible Vehicle” means a Non-Emergency Vehicle other than a taxi cab which is modified, equipped and used for the purpose of providing non-emergency medical transportation for passengers in wheeled and seated mobility devices. These vehicles are specifically designed and modified to load and transport both ambulatory and wheeled and seated mobility device-bound passengers in a safe and secure manner.
- 31. Equipped to Carry. “Equipped to carry” means the maximum number of adult persons that can be seated in a motor vehicle as assigned by the original manufacturer. Efforts to circumvent regulation or proper licensing by altering the seating configuration will not absolve the carrier from failing to obtain the proper certificate from the commission.
- 32. Passenger. “Passenger” means every person carried or riding in a motor carrier, including the driver.
HISTORY: Amended by State Register Volume 12, Issue No. 5, eff May 27, 1988; State Register Volume 19, Issue No. 5, eff May 26, 1995; State Register Volume 22, Issue No. 6, Part 3, eff June 26, 1998; State Register Volume 23, Issue No. 3, eff March 26, 1999; State Register Volume 24, Issue No. 7, eff July 28, 2000; State Register Volume 26, Issue No. 5, Part 2, eff May 24, 2002; State Register Volume 32, Issue No. 5, eff May 23, 2008; State Register Volume 34, Issue No. 5, eff May 28, 2010; SCSR 49-5 Doc. No. 5242, eff May 23, 2025.