(1) Unless otherwise specified, the terms used in this article have the same meaning as those terms defined in 49 C.F.R. 40.3.

(2) For purposes of this article, "employer" includes all motor carriers or employers who employ drivers who operate commercial motor vehicles and who are required to have a drug and alcohol testing program pursuant to the Federal Motor Carrier Safety Regulations, 49 C.F.R. 382, or to a consortium to which the carrier or employer belongs and consortiums or third party administrators who perform drug and alcohol testing services pursuant to 49 C.F.R. 382 for an owner-operator.

Terms Used In South Carolina Code 56-1-2210

  • Commercial motor vehicle: means a motor vehicle designed or used to transport passengers or property if the vehicle:

    (a) has a gross vehicle weight rating of twenty-six thousand one or more pounds;

    (b) is designed to transport sixteen or more persons, including the driver; or

    (c) is transporting hazardous materials and is required to be placarded in accordance with 49 CFR Part 172, subpart F. See South Carolina Code 56-1-2030
  • Driver: means a person who drives a commercial motor vehicle or who is required to hold a commercial driver's license. See South Carolina Code 56-1-2030
  • Employer: means a person, including the United States, a state, or a political subdivision of a state who owns or leases a commercial motor vehicle or assigns a person to drive a commercial motor vehicle. See South Carolina Code 56-1-2030
  • Motor vehicle: means a vehicle which is self- propelled and a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails, except a vehicle moved solely by human power and motorized wheelchairs. See South Carolina Code 56-1-2030

(3) For purposes of this article, "employee" includes a person holding a resident or nonresident commercial motor vehicle driver‘s license employed by an employer described in subsection (2) who performs a safety sensitive function, or an owner-operator subject to testing by a consortium or third party administrator who performs drug and alcohol testing services pursuant to 49 C.F.R. 382.

(4) For purposes of this article, "applicant" means a person holding a resident or nonresident commercial motor vehicle driver’s license seeking employment with an employer described in subsection (2) who will perform a safety sensitive function as part of his employment.