GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION
CHAPTER 621
The General Assembly of North Carolina enacts:
Section 1. G.S. 20-382 reads as rewritten:
"§ 20-382.
Interstate carriers. Registration of for-hire interstate motor
carriers and verification that their vehicles are insured.
(a) Registration. -This
Article shall apply to persons and vehicles engaged in interstate commerce over
the highways of this State, except insofar as the provisions of this Article
may be inconsistent with, or shall contravene, the Constitution or laws of the
United States, and the Division may, in its discretion, require such carriers
to file with it copies of their respective interstate authority or register
their exempt operation and registration of their vehicles operated in the
State, and to observe such reasonable rules and regulations as the Division may
deem advisable in the administration of this Article and for the protection of
persons and property upon the highways of the State. 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 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 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.
(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 Motor Carriers. -The Division or its
authorized representative is authorized to confer with and to hold joint
hearings with the authorities of other states or with the Interstate Commerce
Commission or its representatives, or any other federal or State agency in
connection with any matter arising under this Chapter, or under the Federal
Motor Carrier Act, or under any other federal law which may directly or
indirectly affect the interests of the people of this State or the policy
declared by this Chapter or by the Interstate Commerce Act. A
motor carrier that operates a for-hire motor vehicle in interstate commerce in
this State, is regulated by the Interstate Commerce Commission, 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 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. -Any person operating a
for-hire motor vehicle in interstate commerce over the highways of this State
without having properly registered with the Division its respective exempt
operation or a copy of its interstate authority and each vehicle operated in
this State shall be subject to a penalty of seventy-five dollars ($75.00),
which shall be added to the registration fees provided in G.S. 20-385 and said
penalty shall be collected with said registration fee from any carrier
operating on the highways of North Carolina without registering his interstate
authority by inspectors and officers of the Division in accordance with rules
and regulations duly adopted by the Division before said vehicle shall be
permitted to operate further upon the highways of North Carolina. A
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
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.
(d) No motor
carrier, whether operating as a regulated carrier or exempt for-hire
carrier, shall operate or cause to be operated in interstate commerce in
this State any vehicle until he has filed evidence of required insurance with
the Division and has been issued an identification stamp for such vehicle,
which stamp must be attached to the approved uniform cab card and carried in
the vehicle at all times. The identification stamp herein provided for shall be
issued on an annual basis as of January 1st each year and shall be valid
through February 1st the next succeeding year. When any person is discovered in
this State, operating a vehicle in violation of this section, it shall be
unlawful for anyone thereafter to operate said vehicle on the streets or
highways of this State, except to remove it from the street or highway for
purposes of parking or storing said vehicle until he shall pay to the Division
a penalty of seventy-five dollars ($75.00). No court of the State shall
entertain a suit of any kind brought for the purpose of preventing the
collection of any penalty imposed in this section. Whenever a person shall have
a valid defense to the enforcement of the collection of a penalty assessed or
charged against him, such person shall pay such penalty to the proper officer,
and notify such officer in writing that he pays the same under protest. Such
payment shall be without prejudice to any defense or rights he may have in the
premises, and he may, at any time within 30 days after such payment, demand the
same in writing from the Commissioner of Motor Vehicles; and if same shall not
be refunded within 90 days thereafter, may sue such official in the courts of
the State for the amount so demanded. Such suit must be brought in the Superior
Court of Wake County, or in the county in which the person paying the penalty
resides. No restraining order or injunction shall issue from any court of the
State to restrain or enjoin the collection of the penalty or to permit the
operation of said vehicle without payment of the penalty prescribed herein."
Sec. 2. Part 2 of Article 17 of Chapter 20 of the General Statutes is amended by adding a new section to read:
"§ 20-382.1. Registration of for-hire intrastate motor carriers and verification that their vehicles are insured.
(a) Registration. - A 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 its operations with the State by doing one of the following:
a. Obtaining a certificate or a permit from the North Carolina Utilities Commission, if the motor carrier hauls regulated items.
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.
(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 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. 3. Part 2 of Article 17 of Chapter 20 of the General Statutes is amended by adding a new section to read:
"§ 20-382.2. Penalty for failure to comply with registration or insurance verification requirements.
(a) Acts. - A motor carrier who does any of the following is subject to a civil penalty of seventy-five dollars ($75.00):
(1) Operates a for-hire motor vehicle in this State without registering its operations, as required by this Part.
(2) Operates a for-hire motor vehicle in interstate commerce in this State that does not carry a copy of either an insurance registration receipt issued to the motor carrier or a cab card with an identification stamp issued for the vehicle, as required by G.S. 20-382.
(3) Operates a for-hire motor vehicle in intrastate commerce in this State for which it has not verified it has insurance, as required by G.S. 20-382.1.
(b) Payment. - When the Division 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 motor vehicle may not be driven for a purpose other than to park the motor vehicle until 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 Division for a hearing.
(c) Hearing. - Upon receiving a request for a hearing, the Commissioner must schedule a hearing within 30 days after receipt of the request. If after the hearing the Commissioner determines that the motor carrier was not liable for the penalty, the amount collected must be refunded. If after the hearing the Commissioner 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 Division 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 penalty or to permit the operation of the vehicle without payment of the penalty.
(d) Proceeds. - A penalty imposed under this section is payable to the Division. Penalties collected under this section shall be credited to the Highway Fund as nontax revenue."
Sec. 4. G.S. 20-385 reads as rewritten:
"§ 20-385.
Particular fees and charges fixed; payment. Fee schedule.
(a) Amounts. - The
Divisions shall receive and collect the following fees and charges:
(1) One dollar
($1.00) for the registration with the Division of each motor vehicle to be put
in operation by a motor carrier operating under the jurisdiction of the North
Carolina Utilities Commission, and a fee of one dollar ($1.00) for the annual
reregistration of each such motor vehicle.
(2) Twenty-five
dollars ($25.00) for the filing with the Division of the interstate motor
carrier operating authority or registration of interstate exempt operation of
every motor carrier operating into, from, within, or through North Carolina and
filed with the Division under the provisions of G.S. 20-382 and five dollars
($5.00) for filing all subsequent amendments thereto to maintain said filing in
a current status.
(3) One dollar
($1.00) for the registration with the Division of each motor vehicle operated
into, from, within, or through North Carolina by interstate carriers and
registered with the Division under the provisions of G.S. 20-382, and a fee of
one dollar ($1.00) for the annual reregistration of each such motor vehicle.
(4) Twenty-five
dollars ($25.00) for each Certificate of Exemption issued by the Division.
(5) Ten dollars
($10.00) for each emergency permit issued by the Division in accordance with
G.S. 20-382.
(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 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 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. 5. G.S. 20-376(3), (6), (10), (11), (12), (17), (18), (20), and (22) are repealed.
Sec. 6. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 1st day of July, 1994.
───────────────────
Dennis A. Wicker
President of the Senate
───────────────────
Daniel Blue, Jr.
Speaker of the House of Representatives