concurring in part, dissenting in part:
I concur with the majority’s holding that Roy R. Greene was, as a matter of law, a motor carrier under South Carolina *115law on the accident date of September 9, 2004. I respectfully dissent, however, from the legal determination that Greene may not avail himself of the exemption contained in Regulation 38-407(4). 23A S.C.Code Ann. Regs. 38-407(4) (Supp. 2008) (providing an exemption for “[ljumber haulers engaged in transporting lumber and logs from the forest to the shipping points in this State”). I do not believe the applicability or inapplicability of the exemption may be determined on the current record to the exacting summary judgment standard. I would reverse the grant of summary judgment in favor of Greene and remand to the trial court for further consideration of the claimed exemption.