GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

SESSION LAW 2007-404

SENATE BILL 1495

AN ACT TO REQUIRE THAT A VEHICLE USED TO TOW OR TRANSPORT ANOTHER VEHICLE BE MARKED SO THAT THE OWNER MAY BE IDENTIFIED AND TO ADD AN EXEMPTION FROM THE SEAT BELT LAW FOR DRIVERS OR PASSENGERS OF A RESIDENTIAL GARBAGE OR RECYCLING TRUCK WHILE THE TRUCK IS OPERATING DURING COLLECTION ROUNDS AND WHILE TRAVELING TO AND FROM GARBAGE AND RECYCLING MATERIAL LOADING AND UNLOADING LOCATIONS.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 20-101 reads as rewritten:

"§ 20-101.  Certain business vehicles to be marked.

(a)       A motor vehicle that is subject to 49 C.F.R. Part 390, the federal motor carrier safety regulations, shall be marked as required by that Part.

(b)       A motor vehicle that is not subject to those regulations,49 C.F.R. Part 390, has a gross vehicle weight rating of more than 10,000 pounds, but less than 26,001 pounds, and is used in intrastate commerce, and is not a farm vehicle, as further described in G.S. 20-118(c)(4), (c)(5), or (c)(12), shall have the name of the owner printed on the side of the vehicle in letters not less than three inches in height.

(c)       A motor vehicle that is subject to regulation by the North Carolina Utilities Commission shall be marked as required by that Commission and as otherwise required by this section.

(d) A motor vehicle equipped to tow or transport another motor vehicle, hired for the purpose of towing or transporting another motor vehicle, shall have the name and address of the registered owner of the vehicle, and the name of the business or person being hired if different, printed on the side of the vehicle in letters not less than three inches in height. This subsection shall not apply to motor vehicles subject to 49 C.F.R. Part 390.

SECTION 2.  G.S. 20-135.2A(c) is amended by adding a new subdivision to read:

(8) A driver or passenger of a residential garbage or recycling truck while the truck is operating during collection rounds, and while traveling to and from garbage and recycling material loading and unloading locations.

SECTION 3.  This act becomes effective December 1, 2007.

In the General Assembly read three times and ratified this the 1^st day of August, 2007.

                                                                    s/ Beverly E. Perdue

                                                                         President of the Senate

                                                                    s/ Joe Hackney

                                                                         Speaker of the House of Representatives

                                                                    s/ Michael F. Easley

                                                                         Governor

Approved 3:20 a.m. this 21^st day of August, 2007