AN ACT to ensure COMPLIANCE with motor carrier and commercial drivers license provisions of chapter 20 of the general statutes and to authorize the commissioner of motor VEHICLES to enter into the unified motor carrier registration agreement.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 20‑17.4(l) reads as rewritten:
"(l)	Disqualification Based on Drug or Alcohol Test. – Upon receipt of notice of a positive drug or alcohol test, or of refusal to participate in a drug or alcohol test, pursuant to G.S. 20‑37.19(c), the Division must disqualify a CDL holder from operating a commercial motor vehicle until receipt of proof of successful completion of assessment and treatment by a substance abuse professional in accordance with 49 C.F.R. § 382.503."
SECTION 2.  G.S. 20‑37.19(c) reads as rewritten:
"(c)	The employer of any employee or applicant who tests positive or of any employee who refuses to participate in a drug or alcohol test required under 49 C.F.R. Part 382 and 49 C.F.R. Part 655 must notify the Division in writing within five business days following the employer's receipt of confirmation of a positive drug or alcohol test or of the employee's refusal to participate in the test. The notification must include the driver's name, address, drivers license number, social security number, and results of the drug or alcohol test or documentation from the employer of the refusal by the employee to take the test."
SECTION 3. G.S. 20‑382 reads as rewritten:
"§ 20‑382.  For‑hire motor carrier registration, insurance verification, and temporary trip permit authority.
(a)	UCRA. – The Commissioner may enter into the Unified Carrier Registration Agreement (UCRA), established pursuant to Section 4305 of Public Law 109‑73, and into agreements with jurisdictions participating in the UCRA to exchange information for any audit or enforcement activity required by the UCRA. Upon entry into the UCRA, the requirements set under the UCRA apply to the Division. If a requirement set under the UCRA conflicts with this section, the UCRA controls. Rules adopted to implement this section must ensure compliance with mandates of the Federal Motor Carrier Safety Administration and the United States Department of Transportation.
(a1)	Carrier Registration. – A 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 its base state.
(1a)	Done one of the following:
a.	Filed a copy of the certificate of authority issued to it by the United States Department of Transportation allowing it to transport regulated items in this State and any amendments to that authority.
b.	Certified to the Division that it carries only items that are not regulated by the United States Department of Transportation.
(2)	Verified, in accordance with subsection (b) 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)	InsuranceVerification. – A motor carrier that operates a for‑hire motor vehicle in interstate commerce in this State and is regulated by the 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 in accordance with the requirements set by the United States Department of Transportation. A motor carrier that operates a for‑hire motor vehicle in interstate commerce in this State and is exempt from regulation by the 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 in accordance with the requirements set by the North Carolina Utilities Commission.
(c)	Trip Permit. –  
A motor carrier that is not registered as required by this section may obtain an emergency trip permit by filing an application for it with the Division. An emergency trip permit allows the motor carrier to operate a for‑hire motor vehicle in this State for a period not to exceed 10 days. "
SECTION 4.  G.S. 20‑382.2(a)(2) is repealed.
SECTION 5.  G.S. 20‑385 reads as rewritten:
"§ 20‑385.  Fee schedule.
	 The fees listed in this section apply to a motor carrier. These fees are in addition to any fees required under the Unified Carrier Registration Agreement.
				(2)	Application by an intrastate motor carrier for a 
	certificate of exemption	$45.00
(3)	Certification by an interstate motor carrier that it is
	not regulated by the United States Department 
	of Transportation	45.00
(4)	Application by an interstate motor carrier for an 
	emergency trip permit	18.00
	"
SECTION 6.  If the Commissioner of Motor Vehicles enters into the Unified Carrier Registration Agreement, the Agreement must specify the date on which any fees required under the Agreement become effective in this State.  The date must ensure adequate time to implement the fee provisions.
SECTION 7.  This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 2nd 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 12:42 p.m. this 30th day of August, 2007