NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 692

SENATE BILL 380

 

 

AN ACT TO AMEND THE SAFETY EQUIPMENT INSPECTION MOTOR VEHICLES ACT (G.S. 20-183.2) SO AS TO PROVIDE FOR ANNUAL INSPECTION WITHOUT REFERENCE TO REGISTRATION NUMERALS WITHIN ONE YEAR OF THE LAST INSPECTION; TO PROVIDE FOR INSPECTION OF MOTOR VEHICLES ACQUIRED OUT OF STATE BUT REGISTERED OR REQUIRED TO BE REGISTERED IN THIS STATE.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 20-183.2, as the same appears in the 1965 Replacement Volume 1C of the General Statutes, is hereby amended by rewriting to read as follows:

"G.S. 20-183.2.  Safety Equipment Inspection Required; Inspection Certificate. (a) Every motor vehicle, trailer, semi-trailer, and pole trailer not including trailers of a gross weight of 2500 pounds or less and house trailers, registered or required to be registered in North Carolina when operated on the streets and highways of this State must display a current approved inspection certificate at such place on the vehicle as may be designated by the commissioner, indicating that it has been inspected in accordance with this Act. Such motor vehicle shall thereafter be inspected and display a current inspection certificate as is required by subsection(b) hereof.

(b)        Every inspection certificate issued under this part shall be valid for not less than 12 months and shall expire at midnight on the last day of the month designated on said inspection certificate. It shall be unlawful to operate any motor vehicle on the highway until there is displayed thereon a current inspection certificate as provided by this part, indicating that the vehicle has been inspected within the previous 12 months and has been found to comply with the standard for safety equipment prescribed by this chapter subject to the following provisions:

(1)        Vehicles of a type required to be inspected under paragraph (a), which are owned by a resident of this State, that have been outside of North Carolina continuously for a period of 30 days, or more, immediately preceding the expiration of the then current inspection certificate shall within 10 days of re-entry to the State be inspected and have an approved certificate attached thereto if vehicle is to continue operation on the streets and highways.

(2)        Any vehicle owned or possessed by a dealer, manufacturer or transporter within this State and operated over the public streets and highways displaying thereon a dealer demonstration, manufacturer or transporter plate must have affixed to the windshield thereof a valid certificate of inspection and approval, except a dealer, manufacturer or transporter or his agent may operate a motor vehicle displaying dealer demonstration, manufacturer or transporter plates from source of purchase to his place of business or to an inspection station, provided it is within 10 days of purchase, foreclosure or repossession.

(3)        Vehicles acquired by residents of this State from dealers or owners located outside of the State must, upon entry to this State, be inspected and approved, certificate attached, within 10 days after the vehicle becomes subject to registration.

(4)        Vehicles acquired by residents within this State, not displaying current North Carolina inspection certificates, must be inspected and have approved inspection certificate attached within 10 days from date registration plate issued or if registration plate is to be transferred, within 10 days of the date of purchase.

(5)        Owners of motor vehicles moving their residence to North Carolina from other states must within 10 days from the date the vehicles are subject to registration have same inspected and have an approved certificate attached thereto.

(c)        On and after February 16, 1966 all motor vehicle dealers in North Carolina shall, prior to retail sale of any new or used motor vehicle, have such motor vehicle inspected by an approved inspection station as required by this part.

(d)        When a motor vehicle required to be inspected under this part shall, upon inspection, fail to meet the safety requirements of this part, the safety equipment inspection station making such inspection, shall issue an authorized receipt for such vehicle indicating that it has been inspected and shall enumerate the defects found. The owner or operator may have such defects corrected at such place as he or she chooses. The vehicle may be reinspected at the safety equipment inspection station, first making the inspection, without additional charge, or the owner or operator may have same inspected at another safety equipment station upon payment of a new inspection fee."

Sec. 2.  The second paragraph of G.S. 20-183.4 is hereby amended by rewriting the same to read as follows:

"Any person, firm or agency meeting the above requirements and desiring to be licensed as a motor vehicle inspection station may apply to the Commissioner of Motor Vehicles on forms provided by the commissioner. The commissioner shall cause an investigation to be made as to the applicant's qualifications, and if, in the opinion of the commissioner, the applicant fulfills such qualifications, he shall issue a certificate of appointment to such person, firm or agency as a safety equipment inspection station. Such appointment shall be issued without charge and shall be effective until cancelled by request of licensee or until revoked or suspended by the commissioner. Any licensee whose license has been revoked or suspended or any applicant whose application has been refused, may. within 10 days from the notice of such revocation, suspension or refusal, request a hearing before the commissioner and, in such cases, the hearing shall be conducted within 10 days of receipt of request for such hearing. The commissioner, following such hearing, may rescind the order of suspension, revocation or the refusal to issue license, or he may affirm the previous order of revocation, suspension or refusal. Any applicant or licensee aggrieved by the decision of the commissioner may, following such decision, file a petition in the Superior Court of Wake County or in the county wherein applicant or licensee resides. Such petition shall recite the fact that the administrative remedy, as provided above, has been exhausted. Provided, that no restraining order shall issue against the Department of Motor Vehicles under this Section until and unless the Department shall have had at least five days' notice of the petitioner's intention to seek such restraining order."

Sec. 3.  G.S. 20-183.8 is hereby amended by adding immediately after the present paragraph (b) a new paragraph to be designated as paragraph(c), reading as follows:

"(c)       No person shall display or cause to be displayed or permit to be displayed upon any motor vehicle any safety inspection certificate, knowing the same to be fictitious or to be issued for another motor vehicle or to be issued without inspection and approval having been made. The Department is hereby authorized to take immediate possession of any safety inspection certificate which is fictitious or which has been otherwise unlawfully or erroneously issued or which has been unlawfully used. Any person violating the provisions of this subsection shall be guilty of a misdemeanor punishable by fine not to exceed fifty dollars ($50.00) or imprisonment not to exceed 30 days."

Sec. 4.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 5.  This Act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 6th day of June, 1967.