28-5855. Motor vehicle; reduced motor carrier fee; load restrictions; civil traffic violation
A. The director shall compute a reduced motor carrier fee that is seven-tenths of the full rate for a motor vehicle if:
1. The motor carrier has prequalified for the reduced motor carrier fee with the department before registration of each motor vehicle by applying for the reduced fee status.
2. Forty-five per cent or more of the mileage during the registration year is traveled without a load or with any of the following:
(a) Equipment that makes a motor vehicle ready for the road.
(b) Restraining equipment that makes the load safe.
(c) Equipment normally carried with the motor vehicle and used for the loading or unloading of the motor vehicle.
(d) Empty containers, empty returnable containers and empty boxes that are being returned to the point of shipment.
(e) Goods or commodities that are being returned to the point of shipment as a result of spoilage, damage, misfills, consignee rejection or consignee return.
B. A motor carrier who pays a reduced motor carrier fee pursuant to this section for a motor vehicle shall not operate that motor vehicle in violation of subsection A, paragraph 2. A violation of this subsection is a civil traffic violation.