20-376. Definitions. The following definitions apply in this Article: (1) Federal safety and hazardous materials regulations. – The federal motor carrier safety regulations contained in 49 C.F.R. Parts 171 through 180, 382, and 390 through 398. (2) Foreign commerce. – Commerce between any of the following: a. A place in the United States and a […]
20-377. General powers of Department of Public Safety. The Department of Public Safety shall have and exercise such general power and authority to supervise and control the motor carriers of the State as may be necessary to carry out the laws providing for their regulation, and all such other powers and duties as may be […]
20-379. Department of Public Safety to audit motor carriers for compliance. The Department of Public Safety must periodically audit each motor carrier to determine if the carrier is complying with this Article and, if the motor carrier is subject to regulation by the North Carolina Utilities Commission, with Chapter 62 of the General Statutes. In […]
20-380. Department of Public Safety may investigate accidents involving motor carriers and promote general safety program. The Department of Public Safety may conduct a program of accident prevention and public safety covering all motor carriers with special emphasis on highway safety and transport safety and may investigate the causes of any accident on a highway […]
20-381. Specific powers and duties of Department of Public Safety applicable to motor carriers; agricultural exemption. (a) The Department of Public Safety has the following powers and duties concerning motor carriers: (1) To prescribe qualifications and maximum hours of service of drivers and their helpers. (1a) To set safety standards for vehicles of motor carriers […]
20-382. For-hire motor carrier registration, insurance verification, and temporary trip permit authority. (a) UCRA. – The Commissioner may enter into the Unified Carrier Registration Agreement (UCRA), established pursuant to Section 4305 of Public Law 109-73, and into agreements with jurisdictions participating in the UCRA to exchange information for any audit or enforcement activity required by […]
20-382.1. Registration of for-hire intrastate motor carriers and verification that their vehicles are insured. (a) Registration. – A for-hire 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) For a motor carrier that hauls household goods, […]
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 one thousand dollars ($1,000): (1) Operates a for-hire motor vehicle in this State without registering its operations, as required by this Part. (2) Repealed […]
20-383. Inspectors and officers given enforcement authority. Only designated inspectors, officers, and personnel of the Department of Public Safety shall have the authority to enforce the provisions of this Article and provisions of Chapter 62 applicable to motor transportation, and they are empowered to make complaint for the issue of appropriate warrants, information, presentments or […]
20-384. Penalty for certain violations. A motor carrier who fails to conduct a safety inspection of a vehicle as required by Part 396 of the federal safety regulations or who fails to mark a vehicle that has been inspected as required by that Part commits an infraction and, if found responsible, is liable for a […]
20-385. Fee schedule. (a) The fees listed in this section apply to a motor carrier. These fees are in addition to any fees required under the Unified Carrier Registration Agreement. (1) Repealed by Session Laws 2007-492, s. 5, effective August 30, 2007. (2) Application by an intrastate motor carrier for a certificate of exemption 64.75 […]
20-386. Fees, charges and penalties; disposition. All fees and charges received by the Division under G.S. 20-385 shall be in addition to any other tax or fee provided by law and shall be placed in the Highway Fund. (1985, c. 454, s. 1.)
20-387. Motor carrier violating any provision of Article, rules or orders; penalty. Any motor carrier which violates any of the provisions of this Article or refuses to conform to or obey any rule, order or regulation of the Division or Department of Public Safety shall, in addition to the other penalties prescribed in this Article […]
20-388. Willful acts of employees deemed those of motor carrier. The willful act of any officer, agent, or employee of a motor carrier, acting within the scope of his official duties of employment, shall, for the purpose of this Article, be deemed to be the willful act of the motor carrier. (1985, c. 454, s. […]
20-389. Actions to recover penalties. Except as otherwise provided in this Article, an action for the recovery of any penalty under this Article shall be instituted in Wake County, and shall be instituted in the name of the State of North Carolina on the relation of the Department of Public Safety against the person incurring […]
20-390. Refusal to permit Department of Public Safety to inspect records made misdemeanor. Any motor carrier, its officers or agents in charge thereof, that fails or refuses upon the written demand of the Department of Public Safety to permit its authorized representatives or employees to examine and inspect its books, records, accounts and documents, or […]
20-391. Violating rules, with injury to others. If any motor carrier doing business in this State by its agents or employees shall be guilty of the violations of the rules and regulations provided and prescribed by the Division or the Department of Public Safety, and if after due notice of such violation given to the […]
20-392. Failure to make report; obstructing Division or Department of Public Safety. Every officer, agent or employee of any motor carrier, who shall willfully neglect or refuse to make and furnish any report required by the Division or Department of Public Safety for the purposes of this Article, or who shall willfully or unlawfully hinder, […]
20-393. Disclosure of information by employee of Department of Public Safety unlawful. It shall be unlawful for any agent or employee of the Department of Public Safety knowingly and willfully to divulge any fact or information which may come to his knowledge during the course of any examination or inspection made under authority of this […]
20-394. Remedies for injuries cumulative. The remedies given by this Article to persons injured shall be regarded as cumulative to the remedies otherwise provided by law against motor carriers. (1985, c. 454, s. 1.)
