GENERAL ASSEMBLY OF NORTH CAROLINA
1995 SESSION
CHAPTER 756
The General Assembly of North Carolina enacts:
Section 1. G.S. 20-1 reads as rewritten:
"§ 20-1.
Division of Motor Vehicles of the Department of Transportation; powers and
duties. established.
The Department of Motor Vehicles is hereby redesignated
the Division of Motor Vehicles of the Department of Transportation. The
Division of Motor Vehicles shall have the same powers and duties as were held
by the Department of Motor Vehicles except as otherwise provided in this
Article. All powers, duties and functions relating to the collection of motor
fuel taxes and the collection of the gasoline and oil inspection taxes
shall continue to be vested in and exercised by the Secretary of Revenue, and
wherever it is now provided by law that reports shall be filed with the
Secretary of Revenue, or Department of Revenue, as a basis for collecting the
motor fuel or gasoline and oil inspection taxes, or enforcing any of the laws
regarding the motor fuel or gasoline and oil inspection taxes, such reports
shall continue to be made to the Department of Revenue and the Commissioner of
Motor Vehicles shall make available to the Secretary of Revenue all information
from files of the Division of Motor Vehicles which the Secretary of Revenue may
request to enable him to better enforce the law with respect to the collection
of such taxes. Nothing in this Article shall deprive the Utilities Commission
of any of the duties or powers now vested in it with regard to the regulation
of motor vehicle carriers. Transportation is established. This
Chapter sets out the powers and duties of the Division."
Sec. 2. G.S. 20-4.01(27)c. reads as rewritten:
"c. Common
carriers of passengers. - Vehicles operated under a franchise certificate
of authority issued by the Utilities Commission for operation on the
highways of this State between fixed termini or over a regular route for the
transportation of persons or property for compensation."
Sec. 3. G.S. 20-4.01 is amended by adding the following subdivisions in the appropriate alphabetical order to read:
"(11a) For-Hire Motor Carrier. - A person who transports passengers or property by motor vehicle for compensation.
(21b) Motor Carrier. - A for-hire motor carrier or a private motor carrier.
(29a) Private Motor Carrier. - A person who transports passengers or property by motor vehicle in interstate commerce and is not a for-hire motor carrier."
Sec. 4. G.S. 20-4.01(31) reads as rewritten:
"(31) Property-Hauling Vehicles. -
a. Exempt
for-hire vehicles. - Vehicles used for the transportation of property
for hire but not licensed as common carriers or contract carriers of property
under franchise certificates or permits issued by the Utilities Commission or
by the Interstate Commerce Commission; provided, that the term "for hire”shall
include every arrangement by which the owner of a vehicle uses, or permits such
vehicle to be used, for the transportation of the property of another for
compensation, subject to the following exemptions:
1. The
transportation of farm crops or products, including logs, bark, pulp, and
tannic acid wood delivered from farms and forest to the first or primary
market, and the transportation of wood chips from the place where wood has been
converted into chips to their first or primary market.
2. The
transportation of perishable foods which are still owned by the grower while
being delivered to the first or primary market by an operator who has not more
than one truck, truck-tractor, or trailer in a for-hire operation.
3. The
transportation of merchandise hauled for neighborhood farmers incidentally and
not as a regular business in going to and from farms and primary markets.
4. The
transportation of T.V.A. or A.A.A. phosphate and/or agricultural limestone in
bulk which is furnished as a grant of aid under the United States Agricultural
Adjustment Administration.
5. The
transportation of fuel for the exclusive use of the public schools of the
State.
6. Vehicles
whose sole operation in carrying the property of others is limited to the
transportation of the United States mail pursuant to a contract, or the
extension or renewal of such contract.
7. Vehicles
leased for a term of one year or more to the same person when used exclusively
by such person in transporting his own property.
b. Common
carrier of property vehicles. - Vehicles used for the transportation of
property certified by the Utilities Commission or the Interstate Commerce
Commission as common carriers.
c. Private
hauler vehicles. - Vehicles used for the transportation of property not falling
within one of the above-defined classifications; provided, self-propelled
vehicles equipped with permanent living and sleeping facilities used for
camping activities shall be classified as private passenger vehicles.
d. Semitrailers. - Vehicles without motive power designed for carrying property or persons and for being drawn by a motor vehicle, and so constructed that part of their weight or their load rests upon or is carried by the pulling vehicle.
e. Trailers. - Vehicles without motive power designed for carrying property or persons wholly on their own structure and to be drawn by a motor vehicle, including "pole trailers”or a pair of wheels used primarily to balance a load rather than for purposes of transportation.
f.
Contract carrier of property vehicles. - Vehicles used for the
transportation of property under a franchise permit of a regulated contract
carrier issued by the Utilities Commission or the Interstate Commerce
Commission."
Sec. 5. G.S. 20-37.16(e) reads as rewritten:
"(e) The requirements for a commercial drivers license do not apply to vehicles used for personal use such as recreational vehicles. A commercial drivers license is also waived for the following classes of vehicles as permitted by regulation of the United States Department of Transportation:
(1) Vehicles owned or
operated by the Department of Defense, including the National Guard, while they
are driven by active duty military personnel, or members of the National Guard
when on active duty, in the pursuit of military purposes; purposes.
(2) Any vehicle when used
as firefighting or emergency equipment for the purpose of preserving life or
property or to execute emergency governmental functions; and functions.
(3) Farm vehicles that
meet A farm vehicle that meets all of the following criteria:
a. Controlled
Is controlled and operated by the farmer or the farmer's employee
and used exclusively for farm use; use.
b. Used Is
used to transport either agricultural products, farm machinery, or farm
supplies, both to or from a farm; farm.
c. Not Is
not used in the operations of a common or contract for-hire motor
carrier; and carrier.
d. Used Is
used within 150 miles of the farmer's farm.
A farm vehicle includes a forestry vehicle that meets the listed criteria when applied to the forestry operation."
Sec. 6. G.S. 20-64.1 is repealed.
Sec. 7. G.S. 20-87(1) reads as rewritten:
"(1) Common Carrier,
Contract Carriers and Exempt For-Hire Passenger Carrier Vehicles. -
For-hire passenger vehicles shall be taxed at the rate of The fee for a
passenger vehicle that is operated for compensation and has a capacity of 15 passengers
or less is seventy-eight dollars ($78.00) per year for each vehicle of
fifteen-passenger capacity or less and vehicles of over fifteen-passenger
capacity shall be classified as buses and shall be taxed at a rate of ($78.00).
The fee for a passenger vehicle that is operated for compensation and has a
capacity of more than 15 passengers is one dollar and forty cents ($1.40)
per hundred pounds of empty weight per year for each vehicle; provided,
however, no license shall be issued for the operation of any taxicab until the
governing body of the city or town in which such taxicab is principally
operated, if the principal operation is in a city or town, has issued a
certificate showing:
a. That
the operator of such taxicab has provided liability insurance or other form of
indemnity for injury to person or damage to property resulting from the
operation of such taxicab, in such amount as required by the city or town, and
b. That
the convenience and necessity of the public requires the operation of such
taxicab.
All persons operating taxicabs on January 1, 1945, shall be entitled to a
certificate of necessity and convenience for the number of taxicabs operated by
them on such date, unless since said date the license of such person or persons
to operate a taxicab or taxicabs has been revoked or their right to operate has
been withdrawn or revoked; provided that all persons operating taxicabs in
Edgecombe, Lee, Nash and Union Counties on January 1, 1945, shall be entitled to
certificates of necessity and convenience only with the approval of the
governing authority of the town or city involved.
A taxicab shall be defined as any motor vehicle, seating nine or fewer
passengers, operated upon any street or highway on call or demand, accepting or
soliciting passengers indiscriminately for hire between such points along
streets or highways as may be directed by the passenger or passengers so being
transported, and shall not include motor vehicles or motor vehicle carriers as
defined in Article 17 of this Chapter. Such taxicab shall not be construed to
be a common carrier nor its operator a public service corporation. of
the vehicle."
Sec. 8. G.S. 20-88(b) reads as rewritten:
"(b) The following fees are imposed on the annual registration of self-propelled property-hauling vehicles; the fees are based on the type of vehicle and its weight:
SCHEDULE OF WEIGHTS AND RATES
Rates Per Hundred Pound Gross Weight
Farmer Rate
Not over 4,000 pounds $0.23
4,001 to 9,000 pounds inclusive .29
9,001 to 13,000 pounds inclusive .37
13,001 to 17,000 pounds inclusive .51
Over 17,000 pounds .58
SCHEDULE OF WEIGHTS AND RATES
Rates Per Hundred Pound Gross Weight
Private Hauler,
Contract Carriers, Flat
Rate Common Carriers and
Exempt for-Hire Carriers
General Rate
Not over 4,000 pounds $0.46
4,001 to 9,000 pounds inclusive .63
9,001 to 13,000 pounds inclusive .78
13,001 to 17,000 pounds inclusive 1.06
Over 17,000 pounds 1.20
(1) The minimum fee for a
vehicle licensed under this subsection is seventeen dollars and fifty cents
($17.50) at the farmer rate and twenty-one dollars and fifty cents ($21.50) at
the private hauler, contract carrier, and common carrier rates. general
rate.
(2) The term 'farmer' as used in this subsection means any person engaged in the raising and growing of farm products on a farm in North Carolina not less than 10 acres in area, and who does not engage in the business of buying products for resale.
(3) License plates issued at the farmer rate shall be placed upon trucks and truck-tractors that are operated exclusively in the carrying or transportation of applicant's farm products, raised or produced on his farm, and farm supplies and not operated in hauling for hire.
(4) 'Farm products' means any food crop, livestock, poultry, dairy products, flower bulbs, or other nursery products and other agricultural products designed to be used for food purposes, including in the term 'farm products' also cotton, tobacco, logs, bark, pulpwood, tannic acid wood and other forest products grown, produced, or processed by the farmer.
(5) The Division shall issue necessary rules and regulations providing for the recall, transfer, exchange or cancellation of "'farmer' plates, when vehicle bearing such plates shall be sold or transferred.
(5a) Notwithstanding any other provision of this Chapter, license plates issued pursuant to this subsection at the farmer rate may be purchased for any three-month period at one fourth of the annual fee.
(6) There shall be paid to the Division annually as of the first of January, the following fees for 'wreckers' as defined under G.S. 20-4.01(50): a wrecker fully equipped weighing 7,000 pounds or less, seventy-five dollars ($75.00); wreckers weighing in excess of 7,000 pounds shall pay one hundred forty-eight dollars ($148.00). Fees to be prorated quarterly. Provided, further, that nothing herein shall prohibit a licensed dealer from using a dealer's license plate to tow a vehicle for a customer."
Sec. 9. G.S. 20-91 reads as rewritten:
"§ 20-91. Records,
applications, reports or returns required of carriers of passengers and
property. Audit of vehicle registrations under the International Registration
Plan.
(a) Individual
motor vehicle mileage records, motor vehicle equipment records, motor vehicle
inventory records and motor vehicle revenue records shall be prepared and
maintained in accordance with rules and regulations issued by the Commissioner.
Applications for licensing or registering motor vehicles
in North Carolina shall be applied for on forms approved by the Commissioner
and filed in accordance with rules and regulations issued by the Commissioner.
Applications for licensing or registering motor vehicles in North Carolina are
accepted subject to audit.
(b) It shall be the
duty of the Commissioner, by competent auditors, to have the books, records,
tax returns, applications, and any and all other pertinent records or documents
of any registrant licensing or registering motor vehicles, or that are required
to license or register motor vehicles, under the provisions of this Article,
audited for the purpose of determining whether such registrant is maintaining
acceptable records, filing correct applications and paying correct registration
fees or taxes as required.
Every registrant subject to licensing or registration and
audit under the provisions of this Article shall retain all pertinent licensing
and registration documents, books, records, tax returns, applications and all
supporting records and documents on which an application for licensing or
registration is based for a period of three full registration years. These
records shall at all times during the business hours of the day be subject to
audit. The Division may audit a person who registers or is required to
register a vehicle under the International Registration Plan to determine if
the person has paid the registration fees due under this Article. A
person who registers a vehicle under the International Registration Plan must
keep any records used to determine the information provided to the Division
when registering the vehicle. The records must be kept for three years
after the date of the registration to which the records apply. The
Division may examine these records during business hours. If it is
determined these the records are not located in North Carolina and it
becomes necessary for the auditors to travel to the place where such records
are normally kept, an auditor must travel to the location of the
records, the registrant shall reimburse North Carolina for per diem and
travel expense incurred in the performance of such the audit. Where
If more than one registrant is audited on the same out-of-state
trip, the per diem and travel expense may be prorated.
The Commissioner may enter into reciprocal audit agreements
with other agencies of this State or agencies of another state or states, jurisdiction
for the purpose of conducting joint audits of any registrant subject to
audit under this Article. section.
(c) If an audit is conducted and it becomes necessary to assess the registrant for deficiencies in registration fees or taxes due based on the audit, the assessment will be determined based on the schedule of rates prescribed for that registration year, adding thereto and as a part thereof an amount equal to five percent (5%) of the tax to be collected. If, during an audit, it is determined that:
(1) A registrant failed or refused to make acceptable records available for audit as provided by law; or
(2) A registrant
misrepresented, falsified or concealed his records, then all plates and
cab cards shall be deemed to have been issued erroneously and are subject to
cancellation. The Commissioner may assess the registrant for an additional
percentage up to one hundred percent (100%) North Carolina registration fees at
the rate prescribed for that registration year, adding thereto and as a part
thereof an amount equal to five percent (5%) of the tax to be collected. The
Commissioner may cancel all registration and reciprocal privileges.
As a result of an audit, no assessment shall be issued and no claim for refund shall be allowed which is in an amount of less than ten dollars ($10.00).
The notice of any assessments will be sent to the registrant by registered or certified mail at the address of the registrant as it appears in the records of the Division of Motor Vehicles in Raleigh. The notice, when sent in accordance with the requirements indicated above, will be sufficient regardless of whether or not it was ever received.
The failure of any registrant to pay any additional registration fees or tax within 30 days after the billing date, shall constitute cause for revocation of registration license plates, cab cards and reciprocal privileges.
(d) Except in
accordance with proper judicial order, or as otherwise provided by law, it
shall be unlawful for the Commissioner of Motor Vehicles, any deputy,
assistant, agent, clerk, other officer, employee, or former officer or
employee, to divulge or make known in any manner the amount of tax paid by any
carrier of passengers or carrier of property as set forth or disclosed in any
application, report or return required in remitting said tax, or as otherwise
disclosed. Nothing in this section shall be construed to prohibit the
publication of statistics, so classified as to prevent the identification of
particular applications, reports or returns, and the items thereof; the
inspection of such applications, reports or returns by the Governor, Attorney
General, Utilities Commissioner, or their or its duly authorized
representatives; or the inspection by a legal representative of the State of
the application, report or return of any carrier of passengers or carrier of
property which shall bring an action to set aside or review the tax based
thereon, or against which action or proceeding has been instituted to recover
any tax or penalty imposed by this Article. Any person, officer, agent, clerk,
employee, or former officer or employee violating the provisions of this
section shall be guilty of a misdemeanor. Nothing in this subsection or in any
other law shall prevent the exchange of information between the Division of
Motor Vehicles and the Department of Revenue when such information is needed by
either or both of said departments for the purposes of properly enforcing the
laws with the administration of which either or both of said departments is
charged."
Sec. 10. G.S. 20-92 is repealed.
Sec. 11. G.S. 20-99(a) reads as rewritten:
"(a) If any tax imposed by
this Chapter, or any other tax levied by the State and payable to the
Commissioner of Motor Vehicles, or any portion of such tax, be not paid within
30 days after the same becomes due and payable, and after the same has been
assessed, the Commissioner of Motor Vehicles shall issue an order under his
hand and official seal, directed to the sheriff of any county of the State,
commanding him to levy upon and sell the real and personal property of the
taxpayer found within his county for the payment of the amount thereof, with
the added penalties, additional taxes, interest, and cost of executing the
same, and to return to the Commissioner of Motor Vehicles the money collected
by virtue thereof within a time to be therein specified, not less than 60 days
from the date of the order. The said sheriff shall, thereupon, proceed upon the
same in all respects with like effect and in the same manner prescribed by law
in respect to executions issued against property upon judgments of a court of
record, and shall be entitled to the same fees for his services in executing
the order, to be collected in the same manner. Upon the issuance of said
order to the sheriff, in the event the delinquent taxpayer shall be the
operator of any common carrier of passengers or common carrier of property
vehicle, the franchise certificate issued to such operator shall become null
and void and shall be canceled by the Utilities Commissioner, and it shall be
unlawful for any such common carrier of passengers or the operator of any
common carrier of property vehicle to continue the operation under said
franchise."
Sec. 12. G.S. 20-101 reads as rewritten:
"§ 20-101.
For-hire Certain business vehicles to be marked.
All motor vehicles licensed as common carriers or contract
carriers of passengers or property, exempt for-hire motor carriers, and
for-hire passenger-carrying motor carriers of greater than fifteen- passenger
capacity shall have printed on each side of the vehicle in letters not less
than three inches in height the name and home address of the owner, the
certificate number, permit number, or exemption number under which said vehicle
is operated, and such other identification as may be required and approved by
the Utilities Commission A motor vehicle that is subject to 49 U.S.C.
Part 390, the federal motor carrier safety regulations, must be marked as
required by that Part. A motor vehicle that is not subject to those
regulations, has a gross vehicle weight rating of more than 10,000 pounds, and
is used in intrastate commerce must have the name of the owner printed on the
side of the vehicle in letters not less than three inches in height. A
motor vehicle that is subject to regulation by the North Carolina Utilities
Commission must be marked as required by that Commission and as otherwise
required by this section."
Sec. 13. G.S. 20-113 is repealed.
Sec. 14. G.S. 20-116(e) reads as rewritten:
"(e) Except as provided by
G.S. 20-115.1, no combination of vehicles coupled together shall consist of
more than two units and no such combination of vehicles shall exceed a total
length of 60 feet inclusive of front and rear bumpers, subject to the following
exceptions: Said length limitation shall not apply to vehicles operated in the
daytime when transporting poles, pipe, machinery or other objects of a
structural nature which cannot readily be dismembered, nor to such vehicles
transporting such objects operated at nighttime by a public utility when
required for emergency repair of public service facilities or properties, but
in respect to such night transportation every such vehicle and the load thereon
shall be equipped with a sufficient number of clearance lamps on both sides and
marker lamps upon the extreme ends of said projecting load to clearly mark the
dimensions of such load: Provided that vehicles designed and used exclusively
for the transportation of motor vehicles shall be permitted an overhang
tolerance front or rear not to exceed five feet. Provided, that wreckers
in an emergency may tow a combination tractor and trailer to the nearest
feasible point for repair and/or storage: Provided, however, that a combination
of a house trailer used as a mobile home, together with its towing vehicle,
shall not exceed a total length of 55 feet exclusive of front and rear
bumpers. Provided further, that the said limitation that no combination
of vehicles coupled together shall consist of more than two units shall not
apply to trailers not exceeding three in number drawn by a motor vehicle used
by municipalities for the removal of domestic and commercial refuse and street
rubbish, but such combination of vehicles shall not exceed a total length of 50
feet inclusive of front and rear bumpers. Provided further, that the said
limitation that no combination of vehicles coupled together shall consist of
more than two units shall not apply to a combination of vehicles coupled
together by a saddle mount device used to transport motor vehicles in a
driveway service when no more than three saddle mounts are used and provided
further, that equipment used in said combination is approved by the safety
regulations of the Interstate Commerce Commission Federal Highway
Administration and the safety regulations of the North Carolina Division
of Motor Vehicles and the Department of Transportation. rules of the
Division."
Sec. 15. G.S. 20-123(a) reads as rewritten:
"(a) No motor vehicle
shall be driven upon any highway drawing or having attached thereto more than
one trailer or semitrailer: Provided that this provision shall not apply to
trailers not exceeding three in number drawn by a motor vehicle used by
municipalities for the removal of domestic and commercial refuse and street
rubbish, but such combination of vehicles shall not exceed a total length of 50
feet inclusive of front and rear bumpers: Provided that this provision shall
not apply to a combination of vehicles coupled together by a saddle mount
device used to transport motor vehicles in a driveaway service when no more
than two saddle mounts are used and provided further that equipment used in
said combination is approved by the safety regulations of the Interstate
Commerce Commission and the safety regulations of the North Carolina Division
of Motor Vehicles and the Department of Transportation. Nothing herein shall The
limitations in G.S. 20-116 on combination vehicles do not prohibit the
towing of farm trailers not exceeding three in number nor exceeding a total
length of 50 feet during the period from one-half hour before sunrise until
one-half hour after sunset provided that when a red flag of at
least 12 inches square shall be is prominently displayed on the
last vehicle. The towing of farm trailers and equipment as herein permitted
shall not be applicable allowed by this subsection does not apply to
interstate or federal numbered highways."
Sec. 16. G.S. 20-130.1(b)(13) reads as rewritten:
"(13) Any lights that may be prescribed by
the Interstate Commerce Commission; A light required by the Federal
Highway Administration;".
Sec. 17. G.S. 20-215.1 reads as rewritten:
"§ 20-215.1. Definitions.
Unless the context otherwise requires, the following terms
and phrases shall have, for the purpose of this Article, the following meaning:
The following definitions apply in this Article:
(1) 'Migratory Migratory
farm worker' means any worker. - An individual being
transported by motor carrier to or from employment who is employed in
agriculture.
(2) 'Motor Motor
carrier of migratory farm workers' means any person, firm or corporation
workers. - A person who or which for compensation transports
at any one time in North Carolina five or more migratory farm workers to or
from their employment by any motor vehicle, other than a passenger automobile
or station wagon, except a wagon. The term does not include any
of the following:
a. A
migratory farm worker who is transporting himself or his or
her immediate family, but does not include any "common carrier”certified
family.
b. A
carrier of passengers regulated by the North Carolina Utilities Commission
or the Interstate Commerce Commission; provided, the provisions of this
Article shall not apply to the United States Department of
Transportation.
c. The
transportation of migratory farm workers on a vehicle owned by a farmer
when such the migratory farm workers are employed or to be
employed by the farmer to work on his own a farm or farm owned
or controlled by him. the farmer.
(3) Repealed by Session Laws 1973, c. 1330, s. 39."
Sec. 18. G.S. 20-279.32 reads as rewritten:
"§ 20-279.32. Exceptions.
This Article, except its provisions as to the filing of
proof of financial responsibility by a common carrier and its drivers, does not
apply to any vehicle operated under a permit or certificate of convenience or
necessity issued by the North Carolina Utilities Commission, or by the
Interstate Commerce Commission, if public liability and property damage
insurance for the protection of the public is required to be carried upon it. Article
does not apply to a motor vehicle registered under G.S. 20-382 or G.S. 20-382.1
by a for-hire motor carrier. This Article does not apply to any motor
vehicle owned by the State of North Carolina, nor does it apply to the operator
of a vehicle owned by the State of North Carolina who becomes involved in an
accident while operating the state-owned vehicle if the Commissioner determines
that the vehicle at the time of the accident was probably being operated in the
course of the operator's employment as an employee or officer of the
State. This Article does not apply to any motor vehicle owned by a county
or municipality of the State of North Carolina, nor does it apply to the
operator of a vehicle owned by a county or municipality of the State of North
Carolina who becomes involved in an accident while operating such vehicle in
the course of the operator's employment as an employee or officer of the county
or municipality. This Article does not apply to the operator of a vehicle
owned by a political subdivision, other than a county or municipality, of the
State of North Carolina who becomes involved in an accident while operating
such vehicle if the Commissioner determines that the vehicle at the time of the
accident was probably being operated in the course of the operator's employment
as an employee or officer of the subdivision providing that the Commissioner
finds that the political subdivision has waived any immunity it has with
respect to such accidents and has in force an insurance policy or other method
of satisfying claims which may arise out of the accident. This Article
does not apply to any motor vehicle owned by the federal government, nor does
it apply to the operator of a motor vehicle owned by the federal government who
becomes involved in an accident while operating the government-owned vehicle if
the Commissioner determines that the vehicle at the time of the accident was
probably being operated in the course of the operator's employment as an
employee or officer of the federal government."
Sec. 19. G.S. 20-317 reads as rewritten:
"§ 20-317. Insurance required by any other law; certain operators not affected.
This Article shall not be held to apply to or affect policies
of automobile insurance against liability which may now or hereafter be
required by any other law of this State, and such policies, if they contain an
agreement or are endorsed to conform to the requirements of this Article, may
be certified as proof of financial responsibility under this Article; provided,
however, that nothing contained in this Article shall affect operators of motor
vehicles that are now or hereafter required to furnish evidence of insurance or
financial responsibility to the North Carolina Utilities Commission or the
Interstate Commerce Commission or both, but to the extent that any insurance
policy, bond or other agreement filed with or certified to the North Carolina
Utilities Commission or Interstate Commerce Commission as evidence of financial
responsibility affords less protection to the public than the financial
responsibility required to be certified to the Division of Motor Vehicles under
this Article as a condition precedent to registration of motor vehicles,
the amounts, provisions and terms of such policy, bond or other agreement so
certified shall be deemed to be modified to conform to the financial
responsibility required to be proved under this Article as a condition
precedent to registration of motor vehicles in this State. It is the intention
of this section to require owners of self- propelled motor vehicles registered
in this State and operated under permits from the North Carolina Utilities
Commission or the Interstate Commerce Commission to show and maintain proof of
financial responsibility which is at least equal to the proof of financial
responsibility required of other owners of self-propelled motor vehicles
registered in this State. Article. This Article applies to
vehicles of motor carriers required to register with the Division under G.S.
20-382 or G.S. 20-382.1 only to the extent that the amount of financial
responsibility required by this Article exceeds the amount required by the
United States Department of Transportation."
Sec. 20. G.S. 20-376 reads as rewritten:
"§ 20-376. Definitions.
As used in this Article, The following definitions
apply in this Article:
(1) "Certificate”means
a certificate of public convenience and necessity issued by the North Carolina
Utilities Commission pursuant to the provisions of Chapter 62 to a common
carrier by motor vehicle.
(2) "Certificate
of Exemption”means a certificate issued by the Division authorizing
transportation services which are exempt from economic regulations under the
Public Utilities Act.
(3) Repealed by
Session Laws 1993 (Reg. Sess., 1994), c. 621, s. 5.
(4) "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 or any class or classes thereof for
compensation, whether over regular or irregular routes, except as exempted in
G.S. 62-260.
(5) "Contract
carrier by motor vehicle" means any person which, under an individual
contract or agreement with another person and with such additional persons as
may be approved by the North Carolina Utilities Commission, engages in the
transportation other than the transportation referred to in subdivision (4) of
this section, by motor vehicle of persons or property in intrastate commerce
for compensation, except as exempted in G.S. 62-260.
(6) Repealed by
Session Laws 1993 (Reg. Sess., 1994), c. 621, s. 5.
(7) "Exempt
carrier" means any person providing transportation by motor vehicle for
compensation which is declared to be exempt from economic regulation by the
North Carolina Utilities Commission or the Interstate Commerce Commission.
(8) "For-hire
carrier" means any person engaged in the transportation of persons or
property by motor vehicle for compensation.
(9) "Foreign
commerce" means commerce between any place in the United States and any
place in a foreign country, or between places in the United States through any
foreign country.
(10) through (12) Repealed
by Session Laws 1993 (Reg. Sess., 1994), c. 621, s. 5.
(13) "Interstate
commerce" means commerce between any place in a state and any place in
another state or between places in the same state through another state.
(14) "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 in interstate or foreign commerce which has been exempted by
Congress from federal regulation.
(15) "Intrastate
operations" means the transportation of persons or property for
compensation in intrastate commerce.
(16) "Motor
carrier" means both a for-hire carrier by motor vehicle and a private
carrier by motor vehicle.
(17), (18) Repealed by Session
Laws 1993 (Reg. Sess., 1994), c. 621, s. 5.
(19) "Permit"
means a permit issued by the North Carolina Utilities Commission pursuant to
the provisions of Chapter 62 to a contract carrier by motor vehicle.
(20) Repealed by Session
Laws 1993 (Reg. Sess., 1994), c. 621, s. 5.
(21) "Private
carrier" means any person not included in the definitions of common carrier
or contract carrier, which transports in intrastate commerce in its own vehicle
or vehicles property of which such person is the owner, lessee, or bailee, when
such transportation is for the purpose of sale, lease, rent or bailment, or
when such transportation is purely an incidental adjunct to some other
established private business owned and operated by such person other than the
transportation of property for compensation.
(22) Repealed by Session
Laws 1993 (Reg. Sess., 1994), c. 621, s. 5.
(1) Federal safety regulations. - The federal motor carrier safety regulations contained in 49 U.S.C. Subchapter B, Parts 350 through 399.
(2) Foreign commerce. - Commerce between any of the following:
a. A place in the United States and a place in a foreign country.
b. Places in the United States through any foreign country.
(3) Interstate commerce. - Commerce between any of the following:
a. A place in a state and a place in another state.
b. Places in the same state through another state.
(4) Intrastate commerce. - Commerce that is between points and over a route wholly within this State and is not part of a prior or subsequent movement to or from points outside of this State in interstate or foreign commerce."
Sec. 21. G.S. 20-378 is repealed.
Sec. 22. G.S. 20-379 reads as rewritten:
"§ 20-379.
To investigate motor carriers under its control; visitation and inspection. Division
to audit motor carriers for compliance.
(a) The
Division shall from time to time visit the places of business and investigate
the books and papers of all motor carriers to ascertain if all the orders,
rules and regulations of the North Carolina Utilities Commission and the
Division have been complied with, and shall have full power and authority to
examine all officers, agents and employees of such motor carriers, and all
other persons, under oath or otherwise, and to compel the production of papers
and the attendance of witnesses to obtain the information necessary for
carrying into effect and otherwise enforcing the provisions of this Article and
Chapter 62 of the General Statutes.
(b) Officers of
the Division may during all reasonable hours enter upon any premises occupied
by any motor carrier for the purpose of making the examinations and tests and
exercising any power provided for in this Article and in Chapter 62 of the
General Statutes, and may set up and use on such premises any apparatus and
appliances necessary therefor. Such motor carrier shall have the right to be
represented at the making of such examinations, tests and inspections.
The Division must periodically audit each motor carrier to determine if the carrier is complying with this Article and, if the motor carrier is subject to regulation by the North Carolina Utilities Commission, with Chapter 62 of the General Statutes. In conducting the audit, the Division may examine a person under oath, compel the production of papers and the attendance of witnesses, and copy a paper for use in the audit. An employee of the Division may enter the premises of a motor carrier during reasonable hours to enforce this Article. When on the premises of a motor carrier, an employee of the Division may set up and use equipment needed to make the tests required by this Article."
Sec. 23. G.S. 20-380 reads as rewritten:
"§ 20-380.
To Division may investigate accidents involving motor carriers;
to carriers and promote general safety program.
The Division may conduct a program of accident prevention and
public safety covering all motor carriers with special emphasis on highway
safety and transport safety and may investigate the causes of any accident on a
highway involving a motor carrier. Any information obtained upon such in
an investigation shall be reduced to writing and a report thereof filed in
the office of the Division, which shall be subject to public inspection but
such report shall not be admissible in evidence in any civil or criminal
proceeding arising from such accident. The Division may adopt rules and
regulations for the safety of the public as affected by motor carriers and
the safety of motor carrier employees. The Division shall cooperate with and
coordinate its activities for motor carriers with other programs of the
North Carolina Utilities Commission, the North Carolina Insurance
Department, the North Carolina Industrial Commission and other agencies
and organizations engaged in the promotion of highway safety and employee
safety."
Sec. 24. G.S 20-381 reads as rewritten:
"§ 20-381.
Additional Specific powers and duties of Division applicable to
motor vehicles. carriers.
The Division is hereby vested with has the
following powers and duties: duties concerning motor carriers:
(1) To prescribe
qualifications and maximum hours of service of drivers and their helpers,
and rules regulating safety of helpers.
(1a) To set safety standards
for operation and equipment; and in the interest of uniformity of
intrastate and interstate rules and regulations applicable within the
State with respect to maximum hours of service of vehicle drivers and their
helpers, and safety of operation and equipment, the Division may adopt and
enforce the rules and regulations adopted and promulgated by the United States
Department of Transportation with respect thereto, insofar as it finds the same
to be practical and advantageous for application in this State and not in
conflict with this Article. In order to promote safety of operation of motor carriers,
the Division may avail itself of the assistance of any other agency of the
State having special knowledge of such matters and it may make such vehicles
of motor carriers engaged in foreign, interstate, or intrastate commerce over
the highways of this State and for the safe operation of these vehicles.
The Division may stop and inspect a vehicle to determine if it is in compliance
with these standards and may conduct any investigations and tests as may
be deemed it finds necessary to promote the safety of
equipment and the safe operation on the highway of vehicles
upon the highways. these vehicles.
(1b) To enforce this Article, rules adopted under this Article, and the federal safety regulations.
(2) The Division and
its duly authorized inspectors and agents shall have authority at any time to To
enter upon the premises of any a motor carrier,
subject to the provisions of this Article, for the purpose of inspecting any carrier
to inspect a motor vehicle and or any equipment used by such
the motor carriers in the transportation of carrier in
transporting passengers and property, or property and property.
(2a) To prohibit the use
by any a motor carrier of any motor vehicle or parts thereof
or motor vehicle equipment thereon adjudged by such agents and
inspectors to be the Division finds to be unsafe for use in
the transportation of passengers and or property upon the
public highways of this State; and when such agents or inspectors shall
discover any motor vehicle of such motor carrier on a highway. If
an agent of the Division finds a motor vehicle of a motor carrier in actual
use upon the highways in the transportation of passengers and or property
to be unsafe or any parts thereof or any equipment thereon to be unsafe,
such agents or inspectors may, if they are unsafe and is of the
opinion that further use of such vehicle, parts or equipment are imminently
dangerous, the agent may stop such vehicle and require the
operator thereof to discontinue its use and to substitute therefor a safe
vehicle, parts or equipment at the earliest possible time and place, having
regard for both the convenience and the safety of the passengers and or
property. When an inspector or agent stops a motor vehicle on the highway,
under authority of this section, and the motor vehicle is in operative
condition and its further movement is not dangerous to the passengers and or
property and or to the users of the highways, it shall be the
duty of the inspector or agent to guide the vehicle to the nearest point of substitution
or correction of the defect. Such agents or inspectors shall also have the
right to stop any motor vehicle which is being used upon the public highways
for the transportation of passengers and or property by a motor
carrier subject to the provisions of this Article and to eject therefrom any
driver or operator who shall be operating or be in charge of such motor vehicle
while under the influence of intoxicating liquors. alcoholic
beverages. It shall be the duty of all inspectors and agents of the
Division to make a written report, upon a form prescribed by the Division, of
inspections of all motor equipment and a copy of each such written report,
disclosing defects in such equipment, shall be served promptly upon the
motor carrier operating the same, either in person by the inspector or agent or
by mail. Such agents and inspectors shall also make and serve a similar written
report in cases where a motor vehicle is operated in violation of the laws
of this State or of the orders, rules and regulations of the North Carolina
Utilities Commission or Division. this Chapter or, if the motor vehicle
is subject to regulation by the North Carolina Utilities Commission, of Chapter
62 of the General Statutes.
(3) To relieve the
highways of all undue burdens and safeguard traffic thereon by promulgating adopting
and enforcing reasonable rules, regulations rules and orders
designed and calculated to minimize the dangers attending transportation on the
highways of all commodities including explosives or highway flammable or
combustible liquids, substances or gases. the highways of all hazardous
materials."
Sec. 25. G.S. 20-382 reads as rewritten:
"§ 20-382. Registration of for-hire interstate motor carriers and verification that their for-hire vehicles are insured.
(a) Registration. - A for-hire motor carrier may not operate a for-hire motor vehicle in interstate commerce in this State unless the motor carrier has complied with all of the following requirements:
(1) Registered its operations with the Division by doing one of the following:
a. Filing a
copy of the certificate of authority issued to it by the Interstate Commerce
Commission United States Department of Transportation allowing it to
operate in this State and any amendments to that authority.
b. Certifying
to the Division that it carries only items that are not regulated by the Interstate
Commerce Commission. United States Department of Transportation.
(2) Verified, in accordance with subsection (b) or (c) of this section, that it has insurance for each for-hire motor vehicle it operates.
(3) Paid the fees set in G.S. 20-385.
(b) Insurance
Verification for ICC-Regulated Federally Regulated Motor
Carriers. - A for-hire motor carrier that operates a for-hire motor
vehicle in interstate commerce in this State, is regulated by the Interstate
Commerce Commission, United States Department of Transportation, and
designates this State as its registration state must obtain a receipt from the
Division verifying that each for-hire motor vehicle the motor carrier operates
in any jurisdiction is insured. To obtain a receipt, the motor carrier must
apply annually to the Division during the application period and state the
number of for-hire motor vehicles the motor carrier intends to operate in each
jurisdiction during the next calendar year. The certificate of authority issued
to the motor carrier by the Interstate Commerce Commission United
States Department of Transportation is proof that the motor carrier has
insurance for its for-hire motor vehicles.
The motor carrier must keep a copy of the receipt in each of its for-hire motor vehicles. The motor carrier may transfer the receipt from one for-hire motor vehicle to another as long as the total number of for-hire motor vehicles operated in any jurisdiction and in all jurisdictions does not exceed the number stated on the receipt.
A motor carrier may operate more for-hire motor vehicles in a jurisdiction than stated in its most recent annual application only if the motor carrier files another application with the Division and obtains a receipt stating the increased number. A motor carrier that obtains a receipt for an increased number of for-hire motor vehicles must put a copy of the new receipt in each of its for-hire motor vehicles. The new receipt replaces rather than supplements the previous receipt.
(c) Insurance
Verification for Nonregulated Motor Carriers. - A for-hire motor carrier
that operates a for-hire motor vehicle in interstate commerce in this State and
is exempt from regulation by the Interstate Commerce Commission United
States Department of Transportation must verify to the Division that each
for-hire motor vehicle the motor carrier operates in this State is insured. To
do this, the motor carrier must obtain annually for each for-hire motor vehicle
a cab card approved by the Commissioner and a North Carolina identification
stamp issued by the Division. To obtain an identification stamp, the motor
carrier must apply annually to the Division during the application period for
an identification stamp for each for-hire motor vehicle the motor carrier
intends to operate in this State during the next 12-month period beginning
February 1.
The motor carrier must place the identification stamp on the cab card and keep the cab card in the for-hire motor vehicle for which it was issued. An identification stamp is issued for a specific for-hire motor vehicle and is not transferable from one for-hire motor vehicle to another.
A motor carrier may operate in this State a for-hire motor vehicle for which it did not obtain an identification stamp during the most recent annual application period only if it obtains for that vehicle either a cab card and identification stamp or an emergency permit. A motor carrier may obtain an additional identification stamp after the close of the annual application period by filing an application for it with the Division. An identification stamp issued after the close of the annual application period expires the same date as one issued during the annual application period.
A motor carrier may obtain an emergency permit by filing an application for it with the Division. An emergency permit allows the motor carrier to operate a for-hire motor vehicle in this State without a cab card and identification stamp between the time the motor carrier has applied for an identification stamp and the time the Division issues the identification stamp."
Sec. 26. G.S. 20-382.1 reads as rewritten:
"§ 20-382.1. Registration of for-hire intrastate motor carriers and verification that their vehicles are insured.
(a) Registration. - A for-hire motor carrier may not operate a for-hire motor vehicle in intrastate commerce in this State unless the motor carrier has complied with all of the following requirements:
(1) Registered For
a motor carrier that hauls household goods, registered its operations with
the State by doing one of the following:
a. Obtaining a
certificate or a permit of authority from the North Carolina
Utilities Commission, if the motor carrier hauls regulated items. Commission.
b. Obtaining a
certificate of exemption from the Division, if the motor carrier hauls only
items that are not regulated by the North Carolina Utilities Commission. Division.
(1a) For a motor carrier that does not haul household goods, registered its operations with the Division.
(2) Verified, in accordance with subsection (b) of this section, that it has insurance for each for-hire motor vehicle it operates in this State.
(3) Paid the fees set in G.S. 20-385.
(b) Insurance Verification. - A for-hire motor carrier that operates a for-hire vehicle in intrastate commerce in this State must verify to the Division that each for-hire motor vehicle it operates in this State is insured. To do this, the motor carrier must submit an insurance verification form to the Division and must file annually with the Division a list of the for-hire vehicles it operates in this State."
Sec. 27. G.S. 20-384 reads as rewritten:
"§ 20-384.
Carriers must comply with safety rules and regulations. Penalty for
certain violations.
(a) Scope. -
The Division may adopt highway safety rules for all for-hire motor carrier
vehicles and all private carrier vehicles engaged in interstate commerce and
intrastate commerce over the highways of North Carolina whether common
carriers, contract carriers, exempt carriers, or private carriers.
(b) Infraction.
- A motor carrier who fails to conduct a safety inspection of a vehicle as
required by 49 C.F.R. Part 396, 396 of the federal Motor
Carrier Safety Regulations, safety regulations or who fails to mark
a vehicle that has been inspected as required by that Part commits an
infraction and, if found responsible, is liable for a penalty of up to fifty
dollars ($50.00)."
Sec. 28. G.S. 20-385 reads as rewritten:
"§ 20-385. Fee schedule.
(a) Amounts. -
(1) Verification by a for-hire motor
carrier of insurance for each for-hire
motor vehicle operated in this State $ 1.00
(2) Application by an intrastate motor carrier
for a certificate of exemption 25.00
(3) Certification by an interstate motor carrier
that it is not regulated by the ICC
United
States Department of Transportation 25.00
(4) Application by an interstate motor carrier
for an emergency permit 10.00.
(b) Reciprocal
Agreements. - The fee set in subdivision (a)(1) of this section does not apply
to the verification of insurance by an interstate motor carrier regulated by
the Interstate Commerce Commission United States Department of
Transportation if the Division had a reciprocal agreement on November 15,
1991, with another state by which no fee is imposed. The Division had
reciprocal agreements as of that date with the following states: California,
Delaware, Indiana, Maryland, Massachusetts, Michigan, Minnesota, Missouri,
Nebraska, New Jersey, Pennsylvania, Texas, and Vermont."
Sec. 29. G.S. 20-118(b)(3) reads as rewritten:
"(3) The gross weight imposed upon the highway by any axle group of a vehicle or combination of vehicles shall not exceed the maximum weight given for the respective distance between the first and last axle of the group of axles measured longitudinally to the nearest foot as set forth in the following table:
Distance Maximum Weight in Pounds for any Group of Two
Between or More Consecutive Axles
Axles* 2 Axles 3 Axles 4 Axles 5 Axles 6 Axles 7 Axles
4 38000
5 38000
6 38000
7 38000
8 or less 38000 38000
more than 8 38000 42000
9 39000 42500
10 40000 43500
11 44000
12 45000 50000
13 45500 50500
14 46500 51500
15 47000 52000
16 48000 52500 58000
17 48500 53500 58500
18 49500 54000 59000
19 50000 54500 60000
20 51000 55500 60500 66000
21 51500 56000 61000 66500
22 52500 56500 61500 67000
23 53000 57500 62500 68000
24 54000 58000 63000 68500 74000
25 54500 58500 63500 69000 74500
26 55500 59500 64000 69500 75000
27 56000 60000 65000 70000 75500
28 57000 60500 65500 71000 76500
29 57500 61500 66000 71500 77000
30
58500 62000**
66500
72000 77500
31
59000 62500**
67500
72500 78000
32
60000 63500**
68000
73000 78500
33
64000** 68500
74000 79000
34
64500** 69000
74500 80000
35
65500** 70000
75000
36 66000** 70500 75500
37 66500** 71000 76000
38 67500** 72000 77000
39 68000 72500 77500
40 68500 73000 78000
41 69500 73500 78500
42 70000 74000 79000
43 70500 75000 80000
44 71500 75500
45 72000 76000
46 72500 76500
47 73500 77500
48 74000 78000
49 74500 78500
50 75500 79000
51 76000 80000
52 76500
53 77500
54 78000
55 78500
56 79500
57 80000
*Distance in Feet Between the Extremes of any Group of Two or More Consecutive Axles.
**See exception in G.S. 20-118(c)(1)."
Sec. 30. G.S. 20-135.1 is repealed.
Sec. 31. G.S. 20-179.3(b)(1) reads as rewritten:
"(1) A person convicted of the offense of impaired driving under G.S. 20-138.1 is eligible for a limited driving privilege if:
a. At the time of the offense he held either a valid driver's license or a license that had been expired for less than one year;
b. At the time of the offense he had not within the preceding seven years been convicted of an offense involving impaired driving;
c. Punishment Level Three, Four, or Five was imposed for the offense of impaired driving;
d. Subsequent to the offense he has not been convicted of, or had an unresolved charge lodged against him for, an offense involving impaired driving; and
e. The person
has obtained and filed with the court a substance abuse assessment of the type specified
in G.S. 20-179(m). required by G.S. 20-17.6 for the restoration of a
drivers license.
A person whose North Carolina driver's license is revoked because of a conviction in another jurisdiction substantially equivalent to impaired driving under G.S. 20-138.1 is eligible for a limited driving privilege if he would be eligible for it had the conviction occurred in North Carolina. Eligibility for a limited driving privilege following a revocation under G.S. 20-16.2(d) is governed by G.S. 20-16.2(e1)."
Sec. 32. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 21st day of June, 1996.
───────────────────
Dennis A. Wicker
President of the Senate
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Harold J. Brubaker
Speaker of the House of Representatives