SECTION .0500 ‑ SAFETY RULES AND REGULATIONS

 

19A NCAC 03E .0501       CERTIFICATE: VEHICLE IDENTIFICATION: ETC

(a)  Passengers, fire‑fighting equipment, medical and

hospital supplies, food, feed, clothing, and other articles necessary for

immediate relief of or direct prevention of fires, sickness, accident, storm,

flood, or similar catastrophes, may be transported by any person in any

available vehicle without notice to or authority from the Utilities Commission

or the Motor Carrier Regulatory Unit upon issuance of an executive order from

the Governor.  The North Carolina Utilities Commission, however, has

jurisdiction over household goods movers.

(b)  A certificate of exemption may be canceled upon notice

to the holder without hearing for any one or more of the following causes:

(1)           for failure to mark for hire vehicles as

required by Paragraph (c) of this Rule;

(2)           for the transportation of passengers or

property not exempt from rules;

(3)           for refusal to permit the Division's

inspectors, upon demand and display of proper credentials, to make examination

of loaded trucks, the property being transported, and all books, records, and

accounts relating to the transportation of property for hire;

(4)           for failure of exempt for hire passenger

carriers to keep on file with the Division proper evidence of insurance as

required by the Utilities Commission;

(5)           for failure of exempt for hire passenger or

property carriers to comply with the safety rules of the Division.

(c)  Every vehicle operated under a certificate of exemption

shall have printed on both sides thereof, in letters and figures not less than

three inches high, the owner's name, or trade name, address, and certificate

number unless such vehicle is under permanent lease in which case only the

certificate number of the lessor shall appear.  In case of a tractor‑trailer

unit, the marking shall be on the tractor.

(d)  The lease of equipment with driver for use in private

transportation of property is prohibited unless the following requirements are

met:

(1)           the leased equipment shall be exclusively

committed to the lessee's use for the term of the lease;

(2)           the lessee shall have exclusive dominion

and control over the transportation service during the term of the lease;

(3)           the lessee shall maintain liability insurance

for any injury caused in the course of performing the transportation service;

(4)           the lessee shall be responsible for

compliance with safety rules;

(5)           the lessee shall bear the risk of damage to

cargo; and

(6)           the term of the lease shall be for a minimum

period of 30 days.

(e)  Any person operating under a certificate of exemption

using a leased or rented vehicle shall have the vehicle properly marked or

placarded on both sides in letters and figures not less than three inches high,

the lessee's name or trade name, address and certificate number.

 

History Note:        Filed as a Temporary Rule Eff. February

11, 1986 for a period of 120 days to expire on June 11, 1986;

Authority G.S. 20‑378;

Eff. April 1, 1986;

Amended Eff. January 1, 1994;

Transferred and Recodified from 19A NCAC 03D .0803 Eff.

January 3, 1996;

Amended Eff. April 30, 1997.