GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

H                                                                                                                                                    1

HOUSE BILL 1145

 

 

Short Title:        Insurance & Registration Required for Mopeds.

(Public)

Sponsors:

Representatives Shepard, R. Brown, and Millis (Primary Sponsors).

For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site.

Referred to:

Transportation, if favorable, Finance.

May 21, 2014

A BILL TO BE ENTITLED

AN ACT to require mopeds to be registered with the division of motor vehicles and for operators of mopeds to have in full force and effect a policy of financial responsibility.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 20‑10.1 reads as rewritten:

"§ 20‑10.1.  Mopeds.

(a)        General. – It shall be unlawful for any person who is under the age of 16 years to operate a moped as defined in G.S. 105‑164.3 upon any highway or public vehicular area of this State.

(b)        Registration. – Mopeds shall be registered with the Division. The owner of the moped shall pay the same fees and be issued the same type of registration card and plate issued for a motorcycle. In order to be registered with the Division and operated upon a highway or public vehicular area, a moped must meet the following requirements:

(1)        The moped has a manufacturer's certificate of origin.

(2)        The moped was designed and manufactured for use on highways or public vehicular areas.

(c)        Financial Responsibility. – It shall be unlawful to operate a moped on a public street, highway, or vehicular area without having in full force and effect financial responsibility as required by the provisions of Article 9A and Article 13 of this Chapter. The Division shall treat a moped the same as any other motor vehicle for the purposes of compliance with Article 9A and Article 13 of this Chapter."

SECTION 2.  G.S. 20‑51(9) is repealed.

SECTION 3.  G.S. 20‑76 is amended by adding a new subsection to read:

"(c)       Whenever an applicant for the registration of a moped is unable to present a manufacturer's certificate of origin for the moped, the applicant must submit an affidavit stating why the applicant does not have the manufacturer's certificate of origin and attesting that the applicant is entitled to registration. Upon receipt of the application and accompanying affidavit, the Division shall issue the applicant a registration card and plate. The Division may not require the applicant to post a bond as required under subsection (b) of this section. A person damaged by issuance of the registration card does not have a right of action against the Division."

SECTION 4.  G.S. 58‑36‑3 reads as rewritten:

"§ 58‑36‑3.  Limitation of scope; motorcycle and moped endorsements allowed; Department of Insurance report.

(a)        The Bureau has no jurisdiction over:

…

(7)        Personal excess liability or personal "umbrella" insurance.

(8)        Liability insurance and theft or physical damage insurance on mopeds, as defined in G.S. 105‑164.3.

(b)        Member companies writing motorcycle liability insurance under this Article and writing insurance against theft of or physical damage to motorcycles under Article 40 of this Chapter may incorporate motorcycle theft and physical damage coverage as an endorsement to the liability policy issued under this Article. Member companies writing moped liability insurance or theft and physical damage insurance under Article 40 of this Chapter may incorporate either or both types of insurance as an endorsement to liability and physical damage policies issued under this Article.

…."

SECTION 5.  G.S. 58‑37‑1(6) reads as rewritten:

"(6)      "Motor vehicle" means every self‑propelled vehicle that is designed for use upon a highway, including trailers and semitrailers designed for use with such vehicles (except traction engines, road rollers, farm tractors, tractor cranes, power shovels, and well drillers). "Motor vehicle" also means a motorcycle, as defined in G.S. 20‑4.01(27)d. "Motor vehicle" does not mean a moped, as defined in G.S. 105‑164.3. Notwithstanding any other provisions of this Article, liability insurance on a moped is not eligible for cession to the Facility."

SECTION 6.  G.S. 58‑40‑10(1) reads as rewritten:

"(1)      "Private passenger motor vehicle" means:

a.         A motor vehicle of the private passenger or station wagon type that is owned or hired under a long‑term contract by the policy named insured and that is neither used as a public or livery conveyance for passengers nor rented to others without a driver; or

b.         A motor vehicle that is a pickup truck or van that is owned by an individual or by husband and wife or individuals who are residents of the same household if it:

1.         Has a gross vehicle weight as specified by the manufacturer of less than 14,000 pounds; and

2.         Is not used for the delivery or transportation of goods or materials unless such use is (i) incidental to the insured's business of installing, maintaining, or repairing furnishings or equipment, or (ii) for farming or ranching. Such vehicles owned by a family farm copartnership or a family farm corporation shall be considered owned by an individual for the purposes of this section; or

c.         A motorcycle, motorized scooter or other similar motorized vehicle not used for commercial purposes. A moped, as defined in G.S. 105‑164.3, is not considered a motorcycle, motorized scooter, or other similar motorized vehicle."

SECTION 7.  G.S. 58‑40‑15 reads as rewritten:

"§ 58‑40‑15.  Scope of application.

The provisions of this Article shall apply to all insurance on risks or on operations in this State, except:except for all of the following:

(1)        Reinsurance, other than joint reinsurance to the extent stated in G.S. 58‑40‑60;G.S. 58‑40‑60.

(2)        Any policy of insurance against loss or damage to or legal liability in connection with property located outside this State, or any motor vehicle or aircraft principally garaged and used outside of this State, or any activity wholly carried on outside this State;State.

(3)        Insurance of vessels or craft, their cargoes, marine builders' risks, marine protection and indemnity, or other risks commonly insured under marine, as distinguished from inland marine, insurance policies;policies.

(4)        Accident, health, or life insurance;insurance.

(5)        Annuities;Annuities.

(6)        Repealed by Session Laws 1985, c. 666, s. 43.

(7)        Mortgage guaranty insurance;insurance.

(8)        Workers' compensation and employers' liability insurance written in connection therewith;therewith.

(9)        For private passenger (nonfleet) motor vehicle liability insurance, automobile medical payments insurance, uninsured motorists' coverage and other insurance coverages written in connection with the sale of such liability insurance; except this Article applies to motor vehicle liability insurance, automobile medical payments insurance, uninsured motorists' coverage, and theft or physical damage insurance on mopeds, as defined in G.S. 105‑164.3.

(10)      Theft of or physical damage to nonfleet private passenger motor vehicles; except this Article applies to insurance against theft of or physical damage to motorcycles, as defined in G.S. 20‑4.01(27)d.; andG.S. 20‑4.01(27)d.

(11)      Insurance against loss to residential real property with not more than four housing units located in this State or any contents thereof or valuable interest therein and other insurance coverages written in connection with the sale of such property insurance. Provided, however, that this Article shall apply to insurance against loss to farm dwellings, farm buildings and their appurtenant structures, farm personal property and other coverages written in connection with farm real or personal property; travel or camper trailers designed to be pulled by private passenger motor vehicles unless insured under policies covering nonfleet private passenger motor vehicles; residential real and personal property insured in multiple line insurance policies covering business activities as the primary insurable interest; and marine, general liability, burglary and theft, glass, and animal collision insurance except when such coverages are written as an integral part of a multiple line insurance policy for which there is an indivisible premium.

The provisions of this Article shall not apply to hospital service or medical service corporations, investment companies, mutual benefit associations, or fraternal beneficiary associations."

SECTION 8.  This act becomes effective December 1, 2014, and applies to offenses committed on or after that date.