South Carolina Code of Regulations Chapter 90 - DEPARTMENT OF MOTOR VEHICLES
South Carolina Code of Regulations, Chapter 90, is the official set of rules and regulations for the South Carolina Department of Motor Vehicles (SCDMV). These regulations dictate how the SCDMV operates and how motor vehicle and driver-related activities are managed in the state.
The SCDMV is the state agency responsible for issuing driver's licenses, identification cards, vehicle titles, and registrations, as well as enforcing various motor vehicle laws to promote public safety on South Carolina's roads.
Here's a breakdown of the key articles and what they generally cover within Chapter 90:
Article 1: Motorist Insurance Identification Database (Sections 90-001 to 90-012)
This is a critical section that addresses the state's efforts to ensure vehicles are insured. It outlines regulations for:
Purpose and Definitions: Introduction to the database and key terms related to insurance reporting.
Communication Methods for Insurers: How insurance companies must transmit automobile liability insurance information to the SCDMV (e.g., through File Transfer Protocol (FTP), Value Added Network (VAN), or Web-based systems).
File Formatting and Data Security: Standards for the format of electronic data and security measures to protect sensitive information.
Types of Transactions and Data Elements: What specific insurance policy information (e.g., policy issuance, cancellation, reinstatement) must be reported by insurers.
Compliance Reporting: Requirements for insurers to report compliance transactions electronically, including the frequency of reporting (e.g., "no activity" reports if no cancellations are processed).
Identifying Uninsured Vehicles: The system cross-references insurance information with driver and vehicle data to identify vehicles that do not meet the state's minimum financial responsibility (insurance) requirements.
Article 2: Driver Training Schools (Sections 90-100 to 90-121)
This article governs the licensing and operation of driver training schools in South Carolina. It covers:
Definitions: Terms related to driver training, such as "Behind the Wheel" (BTW) instruction, "Classroom" instruction, and different vehicle classifications for commercial driver's licenses (CDLs).
Licensing Requirements for Schools and Instructors: Rules for obtaining and maintaining licenses for driver training schools and their instructors, including curriculum requirements and facility standards.
Surety Bonds: Requirements for schools to post surety bonds to protect students.
Record Keeping: Requirements for schools to maintain student records.
(Note: There was an Article 3 - DRIVER TRAINING SCHOOLS that was repealed, indicating a re-codification or update of these regulations, with administration transferred from the Department of Public Safety to the SCDMV).
Article 4: Self-Insurers (Section 90-400)
This article likely sets forth the requirements and procedures for individuals or entities who wish to qualify as "self-insurers" for motor vehicle liability purposes in South Carolina, rather than purchasing a traditional insurance policy. This typically involves demonstrating significant financial capability to cover potential liabilities.
Article 5: Billing Accounts (Sections 90-500 to 90-503)
This article probably details the regulations for how billing accounts are managed by the SCDMV, likely for services provided to businesses, government agencies, or specific entities that frequently interact with the DMV (e.g., fleet services, bulk record requests).
Overall Purpose of Chapter 90:
Chapter 90 empowers the SCDMV to:
Ensure Financial Responsibility: A primary goal is to minimize the number of uninsured motorists on South Carolina roads by enforcing insurance reporting requirements.
Regulate Driver Education: Establish standards for driver training to ensure new drivers are properly educated and prepared.
Facilitate Motor Vehicle Operations: Provide the regulatory framework for licensing drivers, titling vehicles, and registering vehicles in a consistent and lawful manner.
Promote Public Safety: By setting rules related to vehicle insurance, driver qualifications, and compliance, the SCDMV aims to enhance safety on state highways.
It's important to remember that these regulations work in conjunction with South Carolina's state statutes, particularly Title 56 - Motor Vehicles, which provides the overarching laws that the SCDMV's regulations implement and enforce.
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