GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
SESSION LAW 2009-376
SENATE BILL 368
AN ACT to make various changes to the motor VEHICLE laws, as requested by the department of crime control and public safety.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 20-79.4(b)(104) reads as rewritten:
"(104) Retired State Highway Patrol. - The plate authorized by this subdivision shall bear the phrase "SHP, Retired." The Division may not issue the plate authorized by this subdivision unless it receives at least 300 applications for the plate. The plate is issuable to one of the following:
a. An
individual who has retired from the North Carolina State Highway Patrol.Patrol,
presenting to the Division, along with the application for the plate, a copy of
the retiree's retired identification card or letter of retirement.
b. The
surviving spouse of a person who had a retired highway patrol plate at the
time of death so long as the surviving spouse continues to renew the plate and
does not remarry.retired from the State Highway Patrol who, along with
the application for the plate, presents a copy of the deceased retiree's
identification card or letter of retirement and certifies in writing that the
retiree is deceased and that the applicant is not remarried.
c. The
surviving spouse of a person who qualified for a retired highway patrol plate
so long as the surviving spouse applies for the plate within ninety (90) days
of the qualifying spouse's death and does not remarry."
SECTION 2.(a) Part 12 of Article 3 of Chapter 20 of the General Statutes is amended by adding a new section to read:
"§ 20-178.1. Payment and review of civil penalty imposed by Department of Crime Control and Public Safety.
(a) Procedure. - A person who is assessed a civil penalty under this Article by the Department of Crime Control and Public Safety must pay the penalty within 30 calendar days after the date the penalty was assessed or make a written request within this time limit to the Department for a Departmental review of the penalty. A person who does not submit a request for review within the required time waives the right to a review and hearing on the penalty.
(b) Department Review. - Any person who denies liability for a penalty imposed by the Department may request an informal review by the Secretary of the Department or the Secretary's designee. The request must be made in writing and must contain sufficient information for the Secretary, or the Secretary's designee, to determine the specific basis upon which liability is being challenged. Upon receiving a request for informal review, the Secretary, or the Secretary's designee, shall review the record and determine whether the penalty was assessed in error. If, after reviewing the record, the Secretary, or the Secretary's designee, determines that the assessment or a portion thereof was not issued in error, the penalty must be paid within 30 days of the notice of decision.
(c) Judicial Review. - Any person who is dissatisfied with the decision of the Secretary and who has paid the penalty in full within 30 days of the notice of decision, as required by subsection (b) of this section, may, within 60 days of the decision, bring an action for refund of the penalty against the Department in the Superior Court of Wake County or in the superior court of the county in which the civil penalty was assessed. The court shall review the Secretary's decision and shall make findings of fact and conclusions of law. The hearing shall be conducted by the court without a jury. In reviewing the case, the court shall not give deference to the prior decision of the Secretary. A superior court may award attorneys' fees to a prevailing plaintiff only upon a showing of bad faith on the part of the Department, and any order for attorneys' fees must be supported by findings of fact and conclusions of law.
(d) Interest. - Interest accrues on a penalty that is overdue. A penalty is overdue if it is not paid within the time required by this section. Interest is payable on a penalty assessed in error from the date the penalty was paid. The interest rate set in G.S. 105-241.21 applies to interest payable under this section.
(e) The clear proceeds of all civil penalties assessed by the Department pursuant to this Article, minus any fees paid as interest, filing fees, attorneys' fees, or other necessary costs of court associated with the defense of penalties imposed by the Department pursuant to this Article shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2."
SECTION 2.(b) G.S. 20-382.2 reads as rewritten:
"§ 20-382.2. Penalty for failure to comply with registration or insurance verification requirements.
…
(b) Payment.Payment
and Review. - When the Department of Crime Control and Public Safety finds
that a for-hire motor vehicle is operated in this State in violation of the
registration and insurance verification requirements of this Part, the Department
must place the motor vehicle shall be placed out of service until
the motor carrier is in compliance and the penalty imposed under this section
is paid unless the officer that imposes the penalty determines that operation
of the motor vehicle will not jeopardize collection of the penalty. A motor
carrier that denies liability for a penalty imposed under this section may pay
the penalty under protest and apply to the Department of Crime Control and
Public Safety for a hearing.follow the procedure in G.S. 20-178.1 for
a departmental review of the penalty.
(c) Hearing.Judicial
Restriction. - Upon receiving a request for a hearing, the Secretary of
Crime Control and Public Safety shall schedule a hearing within 30 days after
receipt of the request. If after the hearing the Secretary of Crime Control and
Public Safety determines that the motor carrier was not liable for the penalty,
the amount collected shall be refunded. If after the hearing the Department of
Crime Control and Public Safety determines that the motor carrier was liable
for the penalty, the motor carrier may bring an action in the Superior Court of
Wake County against the Department of Crime Control and Public Safety for
refund of the penalty. A court of this State may not issue a restraining
order or an injunction to restrain or enjoin the collection of the a penalty
imposed under this section or to permit the operation of the a vehicle
placed out of service under this section without payment of the penalty.
…."
SECTION 3. G.S. 20-101(b) reads as rewritten:
"(b) A motor vehicle
that is not subject to 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. A motor vehicle
with a gross vehicle weight rating of more than 10,000 pounds that is used in
intrastate commerce shall have the name of the owner printed on each side of
the vehicle in letters not less that three inches in height, unless either of
the following applies:
(1) The motor vehicle is subject to 49 C.F.R. Part 390.
(2) The motor vehicle is a farm vehicle as further described in G.S. 20-118(c)(4), (c)(5), or (c)(12)."
SECTION 4. G.S. 20-117 reads as rewritten:
"§ 20-117. Flag or light at end of load.
(a) General
Provisions. - Whenever the load on any vehicle shall extend more than four
feet beyond the rear of the bed or body thereof, there shall be displayed at
the end of such load, in such position as to be clearly visible at all times
from the rear of such load, a red or orange flag not less than 12 18 inches
both in length and width, except that from sunset to sunrise there shall be
displayed at the end of any such load a red or amber light plainly visible
under normal atmospheric conditions at least 200 feet from the rear of such
vehicle. At no time shall a load extend more than 14 feet beyond the rear of
the bed or body of the vehicle, with the exception of vehicles transporting
forestry products or utility poles.
(b) Commercial Motor Vehicles. - A commercial motor vehicle, or a motor vehicle with a GVWR of 10,001 pounds or more that is engaged in commerce, that is being used to tow a load or that has a load that protrudes from the rear or sides of the vehicle shall comply with the provisions of 49 C.F.R. Part 393."
SECTION 5. G.S. 20-122.1 reads as rewritten:
"§ 20-122.1. Motor vehicles to be equipped with safe tires.
(a) Every motor
vehicle subject to safety equipment inspection in this State and operated on
the streets and highways of this State shall be equipped with tires which are
safe for the operation of the motor vehicle and which do not expose the public
to needless hazard. Tires shall be considered unsafe if cut so as to expose
tire cord, cracked so as to expose tire cord, or worn so as to expose tire cord
or there is a visible tread separation or chunking or the tire has less than
two thirty-seconds inch tread depth at two or more locations around the
circumference of the tire in two adjacent major tread grooves, or if the tread
wear indicators are in contact with the roadway at two or more locations around
the circumference of the tire in two adjacent major tread grooves: Provided,
the two thirty-seconds tread depth requirements of this section shall not apply
to dual wheel trailers. Provided further that as to trucks owned by farmers
and operated exclusively in the carrying and transportation of the owner's farm
products which are approved for daylight use only and which are equipped with
dual wheels, the tread depth requirements of this section shall not apply to
more than one wheel in each set of dual wheels. For the purpose of this
section, the following definitions shall apply:
(1) "Chunking" - separation of the tread from the carcass in particles which may range from very small size to several square inches in area.
(2) "Cord" - strands forming a ply in a tire.
(3) "Tread" - portion of tire which comes in contact with road.
(4) "Tread depth" - the distance from the base of the tread design to the top of the tread.
(a1) Any motor vehicle that has a GVWR of at least 10,001 pounds or more and is operated on the streets or highways of this State shall be equipped with tires that are safe for the operation of the vehicle and do not expose the public to needless hazard. A tire is unsafe if any of the following applies:
(1) It is cut, cracked, or worn so as to expose tire cord.
(2) There is a visible tread separation or chunking.
(3) The steering axle tire has less than four thirty-seconds inch tread depth at any location around the circumference of the tire on any major tread groove.
(4) Any nonsteering axle tire has less than two thirty-seconds inch tread depth around the circumference of the tire in any major tread groove.
(5) The tread wear indicators are in contact with the roadway at any location around the circumference of the tire on any major tread groove.
(b) The driver of any vehicle who is charged with a violation of this section shall be allowed 15 calendar days within which to bring the tires of such vehicle in conformance with the requirements of this section. It shall be a defense to any such charge that the person arrested produce in court, or submit to the prosecuting attorney prior to trial, a certificate from an official safety inspection equipment station showing that within 15 calendar days after such arrest, the tires on such vehicle had been made to conform with the requirements of this section or that such vehicle had been sold, destroyed, or permanently removed from the highways. Violation of this section shall not constitute negligence per se."
SECTION 6. G.S. 20-118(e)(3) reads as rewritten:
"(3) If an axle-group
weight of a vehicle exceeds the weight limit set in subdivision (b)(3)of this
section plus any tolerance allowed in subsection (h) of this section or axle-group
weights or gross weights authorized by special permit under G.S. 20-119(a),
the Department of Crime Control and Public Safety shall assess a civil penalty
against the owner or registrant of the motor vehicle. The penalty shall be
assessed on the number of pounds by which the axle-group weight exceeds the
limit set in subdivision (b)(3),(b)(3) of this section, or by a
special permit issued pursuant to G.S. 20-119, as follows: for the
first 2,000 pounds or any part thereof, two cents (2¢) per pound; for the next
3,000 pounds or any part thereof, four cents (4¢) per pound; for each pound in
excess of 5,000 pounds, ten cents (10¢) per pound. Tolerance pounds in excess
of the limit set in subdivision (b)(3) are subject to the penalty if the
vehicle exceeds the tolerance allowed in subsection (h) of this section. These
penalties apply separately to each axle-group weight limit violated.
Notwithstanding any provision to the contrary, a vehicle with a special permit
that is subject to additional penalties under this subsection based on a
violation of any of the permit restrictions set out in G.S. 20-119(d1)
shall be assessed a civil penalty, not to exceed ten thousand dollars
($10,000), based on the number of pounds by which the axle-group weight exceeds
the limit set in subdivision (b)(3) of this section."
SECTION 7. G.S. 20-119(d) reads as rewritten:
"(d) For each violation of
any of the terms or conditions of a special permit issued or where a permit is
required but not obtained under this section the Department of Crime Control
and Public Safety may shall assess a civil penalty for each
violation against the registered owner of the vehicle as follows:
(1) A fine of one thousand five hundred dollars ($1,500) for operating without the proper number of certified escorts as determined by the actual loaded weight or size of the vehicle combination.
(1)(1a) A fine of five hundred dollars ($500.00)
for any of the following: operating without the issuance of a permit, moving a
load off the route specified in the permit, falsifying information to obtain a
permit, or failing to comply with dimension restrictions of a permit.permit,
or failing to comply with the number of properly certified escort vehicles
required.
(2) A fine of two hundred fifty dollars ($250.00) for moving loads beyond the distance allowances of an annual permit covering the movement of house trailers from the retailer's premises or for operating in violation of time of travel restrictions.
(3) A fine of one hundred dollars ($100.00) for any other violation of the permit conditions or requirements imposed by applicable regulations.
The Department of Transportation may refuse to issue
additional permits or suspend existing permits if there are repeated violations
of subdivision (1) (1), (1a), or (2) of this subsection. In
addition to the penalties provided by this subsection, a civil penalty in
accordance with G.S. 20-118(e)(1) and (3) may be assessed if a vehicle is
operating without the issuance of a required permit, operating off permitted
route of travel, operating without the proper number of certified escorts as
determined by the actual loaded weight of the vehicle combination, fails to
comply with travel restrictions of the permit, or operating with improper
license. Fees assessed for permit violations under this subsection shall not
exceed a maximum of twenty-five thousand dollars ($25,000)."
SECTION 8. G.S. 20-119 is amended by adding a new subsection to read:
"(d1) In addition to the penalties assessed under subsection (d) of this section, the Department of Crime Control and Public Safety shall assess a civil penalty, not to exceed ten thousand dollars ($10,000), in accordance with G.S. 20-118(e)(1) and (e)(3) against the registered owner of the vehicle for any of the following:
(1) Operating without the issuance of a required permit.
(2) Operating off permitted route of travel.
(3) Failing to comply with travel restrictions of the permit.
(4) Operating without the proper vehicle registration or license for the class of vehicle being operated.
A violation of this subsection constitutes operating a vehicle without a special permit."
SECTION 9. G.S. 20-381(a)(2a) reads as rewritten:
"(2a) To prohibit the use by a
motor carrier of any motor vehicle or motor vehicle equipment the Department of
Crime Control and Public Safety finds finds, by reason of its
mechanical condition or loading, would be likely to cause a crash or breakdown unsafe
for use in the transportation of passengers or property on a highway. If an
agent of the Department of Crime Control and Public Safety finds a motor
vehicle of a motor carrier in actual use upon the highways in the
transportation of passengers or property that, by reason of its mechanical
condition or loading, would be likely to cause a crash or breakdown, to
be unsafe or any parts thereof or any equipment thereon to be unsafe and is of
the opinion that further use of such vehicle, parts or equipment are imminently
dangerous, the agent shall declare the vehicle "Out of
Service." The agent shallmay 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 or property. When an inspector or
agent stops a motor vehicle on the highway, under authority of this section,
and the motor vehicle is declared "Out of Service," no motor
carrier operator shall require, or permit, any person to operate, nor shall any
person operate, any motor vehicle equipment declared "Out of Service"
until all repairs required by the "Out of Service" notice have been
satisfactorily completed.in operative condition and its further movement
is not dangerous to the passengers or property 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 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 alcoholic beverages or impairing
substances. It shall be the duty of all inspectors and agents of the Department
of Crime Control and Public Safety to make a written report, upon a form
prescribed by the Department of Crime Control and Public Safety, 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 this Chapter or, if the motor
vehicle is subject to regulation by the North Carolina Utilities Commission, of
Chapter 62 of the General Statutes."
SECTION 10. G.S. 20-124(e1) reads as rewritten:
"(e1) Every motor truck and tractor-trucktruck-tractor
with semitrailer attached, shall be equipped with brakes acting on all wheels,
except trucks and truck-tractors having three or more axles need not have
brakes on the front wheels, except that when such vehicles are equipped with
at least two steerable axles, the wheels of one steerable axle need not have brakes.wheels
if manufactured prior to July 25, 1980. However, such trucks and truck-tractors
must be capable of complying with the performance requirements of G.S. 20-124(e)."
SECTION 11. G.S. 20-124(g) reads as rewritten:
"(g) The provisions
of this section shall not apply to any a trailer or
semitrailer when used by a farmer, his a farmer's tenant,
agent, or employee under such circumstances that suchif the
trailer or semitrailer is exempt from registration by the provisions of
G.S. 20-51. This exemption does not apply to trailers that are equipped
with brakes from the manufacturer and that are manufactured after October 1,
2009."
SECTION 12. G.S. 20-135.2A(c)(8) reads as rewritten:
"(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.rounds."
SECTION 13. G.S. 20-136.1 reads as rewritten:
"§ 20-136.1.
Location of television viewers.television, computer, or video
players, monitors, and screens.
No person shall drive any motor vehicle upon a public
street or highway or public vehicular area equipped with any
television viewer, screen, or other means of visually receiving a television
broadcastwhile viewing any television, computer, or video player
which is located in the motor vehicle at any point forward of the back of the
driver's seat, or and which is visible to the driver while
operating the motor vehicle. This section does not apply to the use of
global positioning systems; turn-by-turn navigation displays or similar
navigation devices; factory-installed or aftermarket global positioning systems
or wireless communications devices used to transmit or receive data as part of
a digital dispatch system; equipment that displays audio system information,
functions, or controls, or weather, traffic, and safety information; vehicle
safety or equipment information; or image displays that enhance the driver's
view in any direction, inside or outside of the vehicle. The provisions of this
section shall not apply to law enforcement or emergency personnel while in the
performance of their official duties, or to the operator of a vehicle that is
lawfully parked or stopped."
SECTION 14. G.S. 20-382.2(d) reads as rewritten:
"(d) Proceeds. - A penalty
imposed under this section is payable to the Department of Crime Control and
Public Safety.Transportation, Fiscal Section. Penalties collected
under this section shall be credited to the Highway Fund as nontax revenue.The
clear proceeds of all civil penalties assessed by the Department pursuant to
this section, minus any fees paid as interest, filing fees, attorneys' fees, or
other necessary costs of court associated with the defense of penalties imposed
pursuant to this section shall be remitted to the Civil Penalty and Forfeiture
Fund in accordance with G.S. 115C-457.2."
SECTION 15. G.S. 146-30 is amended by adding a new subsection to read:
"(b2) Notwithstanding the other provisions of this section, no service charge into the State Land Fund shall be deducted from or levied against the proceeds of any disposition by lease, rental, or easement of State lands purchased and owned by the North Carolina State Highway Patrol, Department of Crime Control and Public Safety, as part of the Voice Interoperability Plan for Emergency Responders (VIPER) project being managed by the North Carolina State Highway Patrol, Department of Crime Control and Public Safety. All net proceeds of these dispositions shall be deposited into an account created in the Department of Crime Control and Public Safety to be used only for the purpose of constructing, maintaining, or supporting the VIPER network."
SECTION 16.(a) G.S. 20-118(c) reads as rewritten:
"(c) Exceptions. - The following exceptions apply to G.S. 20-118(b) and 20-118(e).
…
(14) Subsections (b) and (e) of this section do not apply to a vehicle that meets all of the conditions below, but all other enforcement provisions of this Article remain applicable:
a. Is hauling aggregates from a distribution yard or a State-permitted production site located within a North Carolina county contiguous to the North Carolina State border to a destination in another state adjacent to that county as verified by a weight ticket in the driver's possession and available for inspection by enforcement personnel.
b. Does not
operate on an interstate highway or posted bridge.exceed any posted
bridge weight limits.
c. Does not exceed 69,850 pounds gross vehicle weight and 53,850 pounds per axle grouping for tri-axle vehicles. For purposes of this subsection, a tri-axle vehicle is a single power unit vehicle with a three consecutive axle group on which the respective distance between any two consecutive axles of the group, measured longitudinally center to center to the nearest foot, does not exceed eight feet. For purposes of this subsection, the tolerance provisions of subsection (h) of this section do not apply, and vehicles must be licensed in accordance with G.S. 20-88.
d. Repealed by Session Laws 2001-487, s. 10, effective December 16, 2001.
(15) Subsections (b) and (e) of this section do not apply to a vehicle or vehicle combination that meets all of the conditions below, but all other enforcement provisions of this Article remain applicable:
a. Is hauling wood residuals, including wood chips, sawdust, mulch, or tree bark from any site; is hauling raw logs to first market; or is transporting bulk soil, bulk rock, sand, sand rock, or asphalt millings from a site that does not have a certified scale for weighing the vehicle.
b. Does not
operate on an interstate highway, a posted light-traffic road, except as
provided by subdivision (c)(5) of this section, or a posted bridge.exceed
any posted bridge weight limits.
c. Does not exceed a maximum gross weight 4,000 pounds in excess of what is allowed in subsection (b) of this section.
d. Does not exceed a single-axle weight of more than 22,000 pounds and a tandem-axle weight of more than 42,000 pounds."
SECTION 16.(b) G.S. 20-118(h) reads as rewritten:
"(h) Tolerance. - A
vehicle may exceed maximum and the inner axle-group weight limitations set
forth in subdivision (b)(3) of this section by a tolerance of ten percent
(10%). This exception does not authorize a vehicle to exceed either the single-axle
or tandem-axle weight limitations set forth in subdivisions (b)(1) and (b)(2)
of this section, or the maximum gross weight limit of 80,000 pounds. This exception
does not apply to bridges posteda vehicle exceeding posted bridge
weight limitations as posted under G.S. 136-72 or to vehicles
operating on interstate highways. The tolerance allowed under this subsection
does not authorize the weight of a vehicle to exceed the weight for which that
vehicle is licensed under G.S. 20-88. No tolerance on the single-axle
weight or the tandem-axle weight provided for in subdivisions (b)(1) and (b)(2)
of this section shall be granted administratively or otherwise. The Department
of Transportation shall report back to the Transportation Oversight Committee
and to the General Assembly on the effects of the tolerance granted under this
section, any abuses of this tolerance, and any suggested revisions to this
section by that Department on or before May 1, 1998."
SECTION 17. Sections 1, 6, 14, and 15 of this act are effective when this act becomes law. The remaining sections of this act become effective October 1, 2009, and apply to civil penalties assessed and offenses committed on or after that date.
In the General Assembly read three times and ratified this the 23rd day of July, 2009.
s/ Walter H. Dalton
President of the Senate
s/ William L. Wainwright
Speaker Pro Tempore of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 12:05 p.m. this 31st day of July, 2009