GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
S 4
SENATE BILL 368
Commerce Committee Substitute Adopted 4/22/09
Finance Committee
Substitute Adopted 5/7/09
Fourth Edition Engrossed 5/12/09
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Short Title: Various Changes in Motor Vehicle Law.-AB |
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Sponsors: |
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Referred to: |
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March 4, 2009
A BILL TO BE ENTITLED
AN ACT to make various changes to the motor VEHICLE law 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 request for review must state the basis for the objection and explain why the person against whom the penalty was assessed believes the penalty was imposed in error. 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. Upon receiving a request to review a penalty, the Department must review the information in the request for review and the Department's records to determine if the penalty was properly assessed. The Department must send the person who submitted the request for review written notice of its decision on the penalty. A penalty must be paid within 60 days after the Department gives written notice of its decision on the penalty.
(c) OAH Hearing. A person who is dissatisfied with the Department's decision after its review of the penalty may pay the penalty under protest and file a petition for a contested case hearing under G.S. 150B‑23. A petition to OAH must certify that the penalty has been paid.
(d) Judicial Review. Except as provided in this subsection, Article 4 of Chapter 150B of the General Statutes governs judicial review of a final decision made after a contested case hearing on a penalty that is subject to this section. To obtain judicial review of a final decision on a penalty subject to this section, the person seeking review must file the petition in the Superior Court of Wake County or in the superior court of the county in which the penalty was assessed.
(e) 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."
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. 20‑137.5 for a
Departmental review of the penalty and a hearing on 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 2.(c) G.S. 150B‑1(e)(14) is repealed.
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 of more than 10,000 pounds that is used in interstate
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. § 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 apply:
(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, or
(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 (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 it was 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. 20‑125.1(d) reads as rewritten:
"(d) Nothing in this section shall apply to motorcycles.motorcycles
unless the motorcycle was equipped with electrical or mechanical directional
signals from the manufacturer."
SECTION 13. 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 14. G.S. 20‑136.1 reads as rewritten:
"§ 20‑136.1.
Location of television viewers.television, computer, or video disc
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
operating, using, or viewing any television, computer, or video disc 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; 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."
SECTION 15. 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. 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 shall be remitted to the Civil Penalty and Forfeiture
Fund in accordance with G.S. 115C‑457.2."
SECTION 16. 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 17.(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 17.(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 18. Sections 1, 6, 15, and 16 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.