SUBCHAPTER 3E ‑ INTERNATIONAL REGISTRATION PLAN (IRP)
SECTION
SECTION .0100 ‑ GROSS RECEIPTS TAX: COMMON CARRIERS OF
PROPERTY
19A NCAC 03E .0101 GENERAL INFORMATION
History Note: Authority G.S. 20‑1; 20‑50;
20‑88; 20‑89; 20‑90; 20‑91; 20‑92; 20‑93;
Eff. July 1, 1978;
Amended Eff. March 1, 1982;
Repealed Eff. July 1, 1983.
19A NCAC 03E .0102 RECORDS
19A NCAC 03E .0103 GROSS REVENUE
19A NCAC 03E .0104 MILEAGE
19A NCAC 03E .0105 REPORTS
19A NCAC 03E .0106 GUIDELINE BOOK
History Note: Authority G.S. 20‑1; 20‑88;
20‑89; 20‑90; 20‑91; 20‑92;
Eff. July 1, 1978;
Repealed Eff. February 1, 1982.
19A NCAC 03E .0107 REGISTRATION UNDER THE INTERNATIONAL
REGISTRATION PLAN
History Note: Authority G.S. 20‑86.1;
Eff. July 1, 1978;
Amended Eff. February 1, 1982;
Repealed Eff. July 1, 1983.
SECTION .0200 ‑ GROSS RECEIPTS TAX: COMMON CARRIERS OF
PASSENGERS
19A NCAC 03E .0201 LICENSING EQUIPMENT
19A NCAC 03E .0202 RECORDS
History Note: Authority G.S. 20‑1; 20‑50:
20‑87; 20‑91; 20‑93;
Eff. July 1, 1978;
Amended Eff. February 1, 1982;
Repealed Eff. July 1, 1983.
19A NCAC 03E .0203 GROSS REVENUE
19A NCAC 03E .0204 MILEAGE
History Note: Authority G.S. 20‑1; 20‑87;
20‑89;
Eff. July 1, 1978;
Repealed Eff. February 1, 1982.
19A NCAC 03E .0205 REPORTS
History Note: Authority G.S. 20‑1; 20‑87;
20‑89 through 20‑92;
Eff. July 1, 1978;
Amended Eff. February 1, 1982;
Repealed Eff. July 1, 1983.
SECTION .0300 ‑ REGISTRATION OF RENTAL VEHICLES BY
NONRESIDENTS
19A NCAC 03E .0301 GENERAL INFORMATION
History Note: Authority G.S. 20‑1; 20‑66;
20‑84.2;
Eff. July 1, 1978;
Repealed Eff. February 1, 1982.
19A NCAC 03E .0302 ONE‑WAY TRUCK REGISTRATION
(a) In addition to the General Statutes concerning truck
registration, every registrant (owner) of trucks of less than 26,000 pounds
gross vehicle weight operated as a one way fleet shall allocate vehicles to
North Carolina.
(b) The minimum number of vehicles to be licensed in North
Carolina shall be determined as follows:
(1) Divide the North Carolina miles by the
total miles traveled (all jurisdictions) by each class of motor vehicles during
the preceding year. The preceding year means the period of 12 consecutive
months immediately prior to July 1st of each year immediately preceding the
commencement of the registration or license year for which the application is
being filed.
(2) Multiply the North Carolina percent times
the total number of vehicles owned or operated January 1st in the particular
class.
(3) When equipment is added to a particular
class after January 1st of any licensing year, the same percent used at the
beginning of that licensing year (January 1st) shall be used to determine the
portion of the new vehicles to be registered in North Carolina.
(c) A record of unit number, identification, declared gross
weight, miles traveled, monthly inventory (motor vehicle) records, North
Carolina license number and date license purchased shall be retained for three
years.
History Note: Authority G.S. 20‑1; 20‑84.2;
20-86.1;
Eff. July 1, 1978;
Amended Eff. December 1, 1993; November 1, 1991; July 1,
1983; February 1, 1982.
19A NCAC 03E .0303 UTILITY TRAILER REGISTRATION
Registrants of utility trailers 6,000 pounds gross vehicle
weight and under, engaged in the business of renting such trailers for use in
North Carolina shall register (allocate) the minimum number of utility trailers
as follows:
(1) Divide each month, January thru December, for 5‑year
license plate renewal or each month of 12 consecutive months determined in
accordance with North Carolina's staggered registration program for annual
license plate renewal the number of trailers in North Carolina, which are not
on one‑way rentals, by the total number of trailers in all
jurisdictions, which are not on one‑way rental.
(2) Multiply monthly, January thru December, or the 12‑month
designated period, the North Carolina percent times the total number of
trailers owned (entire fleet) whether rented or not rented.
(3) Add the twelve resulting monthly figures and divide
the total by 12.
(4) Register in North Carolina no less than the number
of trailers equal to the average number of utility trailers rented and
available for rent in North Carolina during the preceding registration or
license year. The monthly inventory records, number of licenses purchased in
North Carolina each year and records of payments shall be retained for three
years.
History Note: Authority G.S. 20‑1; 20‑66;
20‑86.1;
Eff. July 1, 1978;
Amended Eff. December 1, 1993; November 1, 1991; July 1,
1983; February 1, 1982.
19A NCAC 03E .0304 U‑DRIVE‑IT CAR REGISTRATION
(a) The minimum number of passenger cars rented or leased
to be operated by the lessee and to be licensed in North Carolina at the
beginning of each registration year (determined by staggered registration) shall
be determined as follows:
(1) Divide gross revenue earned in North
Carolina by gross revenue earned in all jurisdictions during the preceding
accounting year. The preceding accounting year means the 12 consecutive months
January 1 thru December 31 (or as otherwise approved by the Commissioner),
immediately preceding the registration year for which the application is filed.
(2) Multiply the North Carolina percent times
the total number of passenger cars (u‑drive‑it) owned or operated
as of the first day of the month of the registration year (determined by the
staggered registration system).
(3) When equipment is added to the fleet after
the original application is filed for any registration year, the same percent
used at the beginning of that registration year shall be used to determine the
number of passenger cars (u‑drive‑it) subject to registration in
North Carolina during that particular month and each month thereafter through
that registration year.
(b) A record of gross revenue earned in each jurisdiction,
a record of licenses purchased and dates (day, month and year) shall be
maintained for three years.
History Note: Authority G.S. 20‑1; 20-4.01(27)e;
20‑66; 20‑86.1;
Eff. July 1, 1978;
Amended Eff. December 1, 1993; November 1, 1991; July 1,
1983; February 1, 1982.
SECTION .0400 ‑ INTERNATIONAL REGISTRATION PLAN
19A NCAC 03E .0401 GENERAL INFORMATION
(a) Apportionable vehicles used or intended for use in two
or more jurisdictions that allocate or proportionally register vehicles for the
transportation of persons or property, unless excepted by this Section, are
required to be registered in accordance with the provisions of the
International Registration Plan. "Apportionable vehicle" as used in
this Section means any vehicle, except recreational vehicles, vehicles
displaying restricted plates, city pick up and delivery vehicles, buses used in
transportation of chartered parties, and government‑owned vehicles, used,
or intended for use, in two or more member jurisdictions that allocate or
proportionally register vehicles and is used for the transportation of persons
for hire or designed, used or maintained primarily for the transportation of
property and:
(1) is a power unit having two axles and a
gross vehicle weight or registered gross vehicle weight in excess of 26,000
pounds; or
(2) is a power unit having three or more axles
regardless of weight; or
(3) is used in combination when the weight of
such combination exceeds 26,000 pounds gross vehicle weight.
(b) Vehicles, or combinations thereof, having a gross vehicles
weight of 26,000 pounds or less and two‑axle vehicles and buses used in
transportation of chartered parties may be proportionally registered at the
option of the registrant.
(c) The Raleigh and Charlotte Offices of the North Carolina
Division of Motor Vehicles shall register vehicles under the International
Registration Plan. Registrants or other interested persons may obtain the
International Registration Plan manual and the application schedule forms from:
(1) North Carolina Division of Motor Vehicles
I.R.P. Section
1425 Rock Quarry Road
Suite 100
Raleigh, North Carolina 27610; or
(2) North Carolina Division of Motor Vehicles
I.R.P. Unit
6016 Brookshire Blvd.
Charlotte, North Carolina 28216.
(d) The principles for implementation of this registration
reciprocity agreement among states of the United States and provinces of Canada
are found in the most recent publication of the International Registration Plan
Policies and Procedures Manual, the Uniform Operation Audit Procedures
Guidelines and the North Carolina Department of Transportation, Division of
Motor Vehicles International Registration Plan Manual.
(e) The appropriate forms for the International
Registration Plan and rental vehicles may be obtained from the International
Registration Plan Section (IRP) of the Division of Motor Vehicles, Raleigh,
North Carolina.
History Note: Authority G.S. 20‑86.1; 20‑91;
Eff. July 1, 1983;
Amended Eff. April 30, 1997; December 1, 1993; November
1, 1991.
19A NCAC 03E .0402 REGISTRATION UNDER THE INTERNATIONAL
REGISTRATION PLAN
History Note: Authority G.S. 20‑86.1;
Eff. July 1, 1983;
Repealed Eff. November 1, 1991.
19A NCAC 03E .0403 LICENSE PERIOD FOR TRAILER PLATE
(a) G.S. 20‑66 establishes the expiration date for
both annual and staggered registration plates. Under an agreement with the
Division and the registrant, trailer plates may be issued for a period of up to
five years with the following conditions:
(1) Payment is made for the first year's fees;
(2) A certificate of deposit from a credit
union insured by Credit Union National Association Insurance Mutual Group, Inc.
(CUNA) or a bank or savings and loan institution insured by Federal Deposit
Insurance Corporation (FDIC) in an amount equal to the fees for the remainder
of the issuance period, shall be filed with the Division;
(3) Payment for each additional year is made
during the normal renewal period. The certificate of deposit may be reissued
each year in an amount equal to the fees for the years remaining on the
agreement.
(b) Copies of the trailer registration plate agreement are
available from the International Registration Plan Section, Division of Motor
Vehicles, 1425 Rock Quarry Road, Raleigh, NC 27610.
History Note: Authority G.S. 20‑39; 20‑63;
20‑87(9); 20‑88;
Eff. November 1, 1991;
Amended Eff. April 30, 1997; December 1, 1993.
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.
19A NCAC 03E .0502 PURCHASE OF FOR HIRE LICENSE TAGS
A certificate of exemption for the transportation of
passengers issued as provided in Rule .0501 of this Section does not in itself
constitute approval by the Division of the purchase of for hire tags for
vehicles owned by the person to whom such certificate is issued. For hire tags
may only be purchased by holders of exemption certificates for the
transportation of passengers who are in full compliance with the insurance and
safety rules of the Division. Vehicles of such carriers shall be registered
with the Division as required by Rule .0507 of this Section and upon carrier's
compliance with said insurance and safety rules, said vehicles shall be
approved by the Division of Motor Vehicles so that tags may be purchased, but
not before.
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. 20-86; 20-86.1; 20‑378;
Eff. April 1, 1986;
Amended Eff. January 1, 1994; November 1, 1991;
Transferred and Recodified from 19A NCAC 03D .0804 Eff.
January 3, 1996;
Amended Eff. April 30, 1997.
19A NCAC 03E .0503 CHANGE OF NAME OR TRADE NAME
In the event a carrier finds it necessary to change its name
or trade name, its certificate of exemption must be presented to the Division
for cancellation, and a new certificate will be issued in lieu thereof.
Note: Titles to motor vehicles are matters of public
record, and any change in the name or trade name of the registered owner
requires a corresponding change in the title to the vehicle and registration
card.
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;
Transferred and Recodified from 19A NCAC 3D .0805 Eff.
January 3, 1996.
19A NCAC 03E .0504 TRANSFER OF CERTIFICATES OF EXEMPTION
Certificates of exemption shall not be sold, assigned or
transferred.
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;
Transferred and Recodified from 19A NCAC 3D .0806 Eff.
January 3, 1996.
19A NCAC 03E .0505 INSURANCE AND SAFETY RULES: EXEMPT
PASSENGER CARRIERS
In the application of the insurance and safety rules of the
Division under G.S. 62‑260(f) and certificates of exemption under G.S. 62‑260(g),
the term "motor carriers" as included in said sections shall be
construed under the definition in G.S. 62‑3(17) to be limited to motor
common carriers or motor contract carriers of exempt passengers for hire who
have been issued certificates of exemption by the Division.
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 3D .0807 Eff.
January 3, 1996.
19A NCAC 03E .0506 REGULATION CARRIERS: USE OF RENTED OR
LEASED VEHICLES
(a) No carrier authorized to operate as a common carrier of
property or as a contract carrier of property by the Utilities Commission shall
use any vehicle of which such carrier is not the owner for the transportation
of property for compensation, except under a bona fide written lease from the
owner, subject to the following conditions:
(1) The lessee shall use such vehicles only for
purposes and within the territory covered by his operating authority and for
the term of the lease.
(2) The property transported shall be
transported in the name of and under the responsibility of the said lessee, and
under the direct supervision and control of the lessee.
(3) The drivers of said leased equipment shall
be directly supervised and controlled by lessee.
(4) The name, address and certificate or permit
number assigned to the lessee shall be displayed on the leased vehicle as
required by the Utilities Commission.
(5) The vehicle shall be covered by insurance
in the name of the lessee as required by the Utilities Commission.
(6) The lease shall specify a definite
effective period, the amount of consideration to the lessor, and shall list and
describe the equipment covered.
(7) A legible copy of the executed lease shall
be carried in the leased vehicle at all times, unless a certificate as provided
in Paragraph (a)(8) of this Rule is carried in lieu thereof.
(8) Unless a copy of the lease is carried on
the equipment as provided in Paragraph (a)(7) of this Rule, the authorized
carrier shall prepare a statement certifying that the equipment is being
operated by it, which shall specify the name of the owner, the date of the
lease, the period thereof, any restrictions therein relative to the commodities
to be transported, and the location of the premises where the original of the
lease is kept by the authorized carrier, which certificate shall be carried
with the equipment at all times during the entire period of the lease.
Exception: The provisions of this Rule shall not apply to
the interchange of trailers.
(b) No common or contract carrier of property shall lease
its equipment for private use in the transportation of commodities which it is
authorized to transport by authority of the Utilities Commission, and no common
or contract carrier of property shall lease equipment with drivers to private
carriers or shippers under any circumstance.
(c) The rules and regulations relating to lease and
interchange of vehicles, as prescribed in the Code of Federal Regulations,
Title 49 ‑ Transportation, Chapter X ‑ Interstate Commerce
Commission, Sub‑Chapter A ‑ General Rules and Regulations, Part
1057 ‑ Lease and Interchange of Vehicles, to the extent that said
regulations are not in conflict with the North Carolina Statutes, shall apply
to all motor carriers of property authorized by the North Carolina Utilities
Commission to operate in North Carolina; and are incorporated by reference
including any subsequent amendments. Code of Federal Regulations Title 49 - Transportation,
Chapter X can be purchased for nineteen dollars ($19.00) from the
Superintendent of Documents, U.S. Government Printing Office, P.O. Box 371954,
Washington, D.C. 15250. Make check payable to Superintendent of Documents.
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; November 1, 1991;
Transferred and Recodified from 19A NCAC 3D .0808 Eff.
January 3, 1996.
19A NCAC 03E .0507 BEGINNING OPERATIONS FOR THE
TRANSPORTATION OF PASSENGERS
(a) An order of the Utilities Commission, approving an
application, or the issuance of a certificate or a permit, or a certificate of
exemption issued by the Division for the transportation of passengers, does not
within itself authorize the carrier to begin operations. Operations are
unlawful until the carrier shall have complied with G.S. 62-325, Rule R2-22 by:
(1) Registration of its rolling equipment with
the Division on Form MC‑19.
(2) Filing insurance with the Division covering
its rolling equipment or by providing other security for the protection of the
public, as provided by the Utilities Commission.
(3) In the case of common and contract
carriers, filing tariffs and schedules or rates and charges with the Utilities
Commission to be made for the transportation service authorized, as provided by
the Utilities Commission.
(b) Unless a common or contract carrier complies with the
foregoing requirements and begins operating, as authorized, within a period of
30 days after the commission's order approving the application becomes final,
and unless the time is extended in writing by the Utilities Commission upon
written request, the operating rights therein granted will cease and determine.
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; November 1, 1991;
Transferred and Recodified from 19A NCAC 3D .0809 Eff.
January 3, 1996.
19A NCAC 03E .0508 REGISTRATION OF VEHICLES
(a) Before beginning operations as a common carrier or as a
contract carrier or as an exempt for hire passenger carrier all vehicles to be
used in the operation must be registered with the Division.
(b) New or additional vehicles may be added to an operation
at any time by registration of the same with the Division and the payment of a
registration fee.
(c) All registered vehicles to be continued in the service
after the close of the year must be reregistered for the following year by
payment of the reregistration fee.
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;
Transferred and Recodified from 19A NCAC 3D .0810 Eff.
January 3, 1996.
19A NCAC 03E .0509 INSPECTION OF VEHICLES: BOOKS: RECORDS:
ETC.
(a) Authorized representatives of the Division, upon demand
and display of proper credentials, shall be permitted by any carrier
transporting, or authorized to transport, property or passengers over the
public highways of North Carolina to examine the books, records, accounts,
bills of lading, load sheets or manifests, or other records of such carrier
relating to the transportation of property or passengers and the vehicles,
terminals, buildings, and other equipment and facilities used by such carrier
in such transportation business; and all such carriers shall instruct their
drivers, agents and employees in charge of such records, equipment and
facilities to permit such examination.
(b) Representatives of the Division authorized to make
inspections under the provisions of Chapter 20, Article 17 and these Rules
shall be provided with a card of identification. They shall have the right at
any time to enter into or upon any motor vehicle being operated under Chapter
20, Article 17, and to which these Rules apply, including exempt for hire
passenger vehicles, for the purpose of ascertaining whether or not the
provisions of the law and these Rules are being complied with. Willful refusal
of any carrier or driver of any such motor vehicle to stop or discontinue the
use of any such motor vehicle until properly conditioned, when ordered to do so
by any such representative, or to permit such representative to enter into or
upon the same for the purpose aforesaid, shall be sufficient ground for the
revocation of the violator's certificate or permit or exemption certificate, as
the case may be. Inspectors shall report all irregularities under this Rule to
the Division. The Division's jurisdiction under this Rule is extended to
include bus stations, carriers' offices and garages.
(c) No inspector or other agent of the Division shall
knowingly and willfully divulge any fact or information which may come to his
knowledge during the course of any such examination or inspection except to the
Division or Utilities Commission or as may be directed by the Division or upon
approval of request by the Utilities Commission or by a court or judge.
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;
Transferred and Recodified from 19A NCAC 3D .0811 Eff.
January 3, 1996.
19A NCAC 03E .0510 INTERSTATE CARRIERS: REGISTRATION OF
CERTIFICATES: PERMITS
(a) Any motor Carrier operating into, from, within, or
through the State of North Carolina under authority issued by the Interstate
Commerce Commission shall:
(1) File with the North Carolina Division of
Motor Vehicles;
(2) Maintain a current record of authority
permitting operations within the borders of this state;
(3) File application of authority with DMV and
receive approval of application;
(4) Comply with all other requirements in Rules
.0510 through .0515 of this Section.
(b) A motor carrier shall only file with the DMV that
portion of its authority which permits operations within the borders of this
state. Such motor carrier shall not file with the Division emergency or
temporary operating authority having a duration of 30 consecutive days or less
if the carrier has registered its authority and identified its vehicles under
the provisions of Rules .0511 through .0514 of this Section. The carrier shall
be in full accord with the requirements of .0510 through .0515 of this Section.
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;
Transferred and Recodified from 19A NCAC 03D .0812 Eff.
January 3, 1996;
Amended Eff. April 30, 1997.
19A NCAC 03E .0511 REGISTRATION OF INTERSTATE AUTHORITY
(a) The application for the registration of Interstate
authority permitting operations within the borders of this state shall be set
forth in the RS-1 and RS-2 application available from the Motor Carrier
Regulatory Unit. The applications shall be filed with a copy of the U.S. DOT
authority, BOC-3 (Process Agent Blanket Listing), a BMC91 (Uniform Motor
Carrier Bodily Injury and Property Damage Certificate of Insurance) or BMC91X
(Motor Carrier Automobile Bodily Injury Liability and Property Damage
Liability), and appropriate fees for the state of travel as set by the
individual states. The list of fees for each state is available at no cost
from the Division of Motor Vehicles Motor Carrier Regulatory Unit, 1425 Rock
Quarry Road, Suite 107, Raleigh, NC 27610, telephone (919) 733-7631.
(b) Application for the registration of added vehicles and
states shall be made on the RS-2 supplemental application accompanied by the
appropriate fees for each state of travel. A list of fees is available from
DMV at no cost as specified in Paragraph (a) of this Rule.
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;
Transferred and Recodified from 19A NCAC 3D .0813 Eff.
January 3, 1996;
Amended Eff. April 30, 1997.
19A NCAC 03E .0512 SINGLE STATE REGISTRATION
(a) The motor carrier shall keep a copy of the RS-3
registration receipt in each of its for-hire motor vehicles. The motor carrier
may transfer the receipt from one for-hire motor vehicle to another as long as
the total number of for-hire motor vehicles operated in any jurisdiction and in
all jurisdictions does not exceed the number stated on the receipt.
(b) The RS-3 registration receipt shall become void on the
last day of December in the calendar year. The motor carrier shall file for a
new receipt annually.
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 .0814 Eff.
January 3, 1996;
Amended Eff. April 30, 1997.
19A NCAC 03E .0513 EVIDENCE OF LIABILITY SECURITY
(a) All interstate motor carriers shall keep in force at
all times public liability and property damage insurance in amounts not less
than the minimum limits prescribed by the U.S. Department of Transportation or
Interstate Commerce Commission. There shall be filed with the Division a Form
E (Uniform Motor Carrier Bodily Injury and Property Damage Liability
Certificate of Insurance) as set forth in the rules in this Section. A BMC91
(Uniform Motor Carrier Bodily Injury and Property Damage Certificate of
Insurance) or a BMC91X (Motor Carrier Automobile Bodily Injury Liability and
Property Damage Liability) shall be filed with the Division if a motor carrier
has authority from U.S. DOT.
(b) Notice of cancellation of insurance shall be given to
the Division by the insurer. The BMC35 (Notice of Cancellation of Motor
Carrier Insurance) shall be filed to cancel the BMC91 or BMC91X.
(c) Such motor carriers who have been permitted to post
bond in lieu of insurance or who have qualified as self‑insurers, under
the rules and regulations of the U.S. DOT, shall not engage in interstate
commerce within the borders of this state unless and until such carriers have
filed surety bonds (Form G, Uniform Motor Carrier Bodily Injury and Property
Damage Liability Surety Bond) which have been accepted by the Division or a
true and legible copy of the currently effective U.S. DOT order authorizing
such motor carrier to self‑insure under the provisions of the Interstate
Commerce Act. Notice of cancellation of surety bonds shall be given to the
Division by filing Form L (Uniform Notice of Cancellation of Motor Carrier
Surety Bond).
(d) A BMC91 or BMC91X shall not be accepted unless it is
issued by an insurance company authorized by U.S. DOT.
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; November 1, 1991;
Transferred and Recodified from 19A NCAC 03D .0815 Eff.
January 3, 1996;
Amended Eff. April 30, 1997.
19A NCAC 03E .0514 ISSUANCE OF REGISTRATION RECEIPT
(a) The RS-3 Registration Receipt shall not be issued until
a motor carrier is in full compliance with all the provisions of Rules .0510
through .0517 of this Section.
(b) Prior to operating a vehicle within the borders of
North Carolina, the motor carrier shall place a copy of the RS-3 registration
receipt in each vehicle for which fees have been paid.
(c) A copy of the RS-3 registration receipt, upon request,
shall be presented by the driver to any authorized agent or representative of
the North Carolina Division of Motor Vehicles.
(d) The original RS-3 registration receipt shall be
retained by the motor carrier at its principal place of business for a period
of three years. The motor carrier shall replace all expired copies of the RS-3
registration receipt with updated receipts each year.
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 .0816 Eff.
January 3, 1996;
Amended Eff. April 30, 1997.
19A NCAC 03E .0515 DESIGNATION OF PROCESS AGENT
No motor carrier shall engage in interstate commerce within
the borders of the State of North Carolina unless and until there shall have
been filed with and accepted by the Division a currently effective designation
of a local agent for service of process. Each carrier shall file such
designation by showing the name and address of such agent on the uniform
application for registration of interstate operating authority as set forth in
Form A available from the Motor Carrier Regulatory Unit or by furnishing the
Division with a true copy of the designation of such agent filed with the U.S.
DOT.
When a motor carrier is registering to operate under the
Single State Registration Program a designation of process agent (BOC-3) shall
be submitted with the initial application. Designation of process agent shall
be filed in the registration state for each state of travel.
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; November 1, 1991;
Transferred and Recodified from 19A NCAC 03D .0817 Eff.
January 3, 1996;
Amended Eff. April 30, 1997.
19A NCAC 03E .0516 VIOLATIONS DECLARED UNLAWFUL
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; 20-387;
Eff. April 1, 1986;
Repealed Eff. January 1, 1994 pursuant to 1991 S.L., c.
477, s. 3;
Transferred and Recodified from 19A NCAC 3D .0818 Eff.
January 3, 1996.
19A NCAC 03E .0517 RETENTION OF RECORDS
The rules and regulations relating to destruction of records
as prescribed in the Code of Federal Regulations, Title 49 ‑
Transportation, Chapter X, Interstate Commerce Commission, Sub‑Chapter A ‑
General Rules and Regulations, Part 1226 ‑ Motor Carriers and Brokers, to
the extent that such regulations are not in conflict with the North Carolina
Statutes, shall apply to all motor carriers authorized by the North Carolina
Utilities Commission to operate in North Carolina, and, are incorporated by
reference including any subsequent amendments. Code of Federal Regulations
Title - 49 Transportation, Chapter X part 1226 can be purchased for twenty one
dollars ($21.00) by writing to the Superintendent of Documents, U.S. Government
Printing Office, P.O. Box 371954, Washington, D.C. 15250. Make check payable
to the Superintendent of Documents.
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 3D .0819 Eff.
January 3, 1996.
19A NCAC 03E .0518 REGISTRATION: EXEMPT INTERSTATE MOTOR
CARRIERS: DEFINITIONS
The following letters and words, when used in Rules .0519
through .0525 of this Section, shall have the following meanings, unless
otherwise clearly apparent from the context:
(1) The words "driveaway operation" shall
mean an operation in which any vehicle or vehicles, operated singly or in
lawful combinations, new or used, not owned by the transporting motor carrier,
constitute the commodity being transported;
(2) The letters"U.S. DOT" shall mean the
United States Department of Transportation;
(3) The word "law" shall include
constitutional and statutory provisions and rules adopted by the North Carolina
Division of Motor Vehicles;
(4) The words "motor carrier" shall mean a
motor carrier of passengers or property for compensation engaged in interstate
or foreign commerce when its operation is exempt from economic regulation by
the U.S. DOT under the Interstate Commerce Act, as amended;
(5) The letters "NARUC" shall mean the National
Association of Regulatory Utility Commissioners;
(6) The words "State Commission",
"Commission", or "Division" shall mean the North Carolina
Division of Motor Vehicles;
(7) The word "vehicle" shall mean a self‑propelled
or motor driven vehicle operated by a motor carrier; and
(8) The words "within the borders" shall mean
such operations deemed to include interstate or foreign operations to, from,
within or traversing the state.
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 .0820 Eff.
January 3, 1996;
Amended Eff. April 30, 1997.
19A NCAC 03E .0519 REGISTRATION REQUIRED
(a) A motor carrier shall not operate within the borders of
the state unless and until there shall have been filed with and approved by the
Division an application for the registration of such operation as prescribed by
the provisions of Rule .0521 of this Section, and there shall have been a
compliance with all other requirements of this Section. A change in operation
shall be reported by the prior filing of a supplemental application.
(b) The application for the registration of such operation,
and any supplemental application to report any change in operation, shall be in
the form set forth in Form A‑1 which is available from the Motor Carrier
Regulatory Unit. The application shall be printed on a rectangular card or
sheet of paper 11 inches in height and 8 and 2 inches in width. The
application shall be duly completed and executed by an official of the motor
carrier.
(c) The application for the registration of such operation
shall be filed in duplicate with the Division. The original shall be retained
by the Division. The other copy of the application or an acknowledgment shall
be transmitted to the motor carrier when the application is approved by the
Division. The application shall be accompanied by a fee in the amount of
twenty‑five dollars ($25.00).
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 .0821 Eff.
January 3, 1996;
Amended Eff. April 30, 1997.
19A NCAC 03E .0520 DESIGNATION OF PROCESS AGENT REQUIRED
(a) A motor carrier shall not operate within the borders of
this state unless and until there has been filed with and accepted by the
Division a currently effective designation of a local agent for service of
process.
(b) The motor carrier shall file such designation of a
local agent for service of process with the Division by showing the name and
address of such agent on the uniform Application for Registration of Interstate
Motor Carrier Operations Exempt from ICC Regulations, as set forth in Form A‑1.
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 3D .0822 Eff.
January 3, 1996.
19A NCAC 03E .0521 VEHICLE REGISTRATION AND IDENTIFICATION
REQUIRED
(a) A motor carrier shall not operate a vehicle or engage
in driveaway operations within the borders of the state unless and until the
vehicle or driveaway operation has been registered and identified with the
Division and has complied with all other requirements.
(b) On or before the thirty‑first of January of each
calendar year, but not earlier than the preceding first day of October, such
motor carrier shall apply to the Division for the issuance of an identification
stamp or stamps, for the registration and identification of the vehicle or
vehicles which it intends to operate, or driveaway operations which it intends
to conduct, within the borders of this state during the ensuing year. The
motor carrier may apply for such number of stamps as is sufficient to cover its
vehicles or driveaway operations which it anticipates will be placed in
operation or conducted during the period for which the stamps are effective.
The motor carrier may thereafter file one or more supplemental applications for
additional stamps if the need therefore arises or is anticipated.
(c) If the Division determines that the motor carrier has
complied with all applicable provisions, the Division shall issue to the motor
carrier the number of identification stamps requested.
(d) An identification stamp issued or assigned under the
provisions of this Rule shall be used for the purpose of registering and
identifying a vehicle or driveaway operations as being operated or conducted by
a motor carrier, and shall not be used for the purpose of distinguishing
between the vehicles operated by the same motor carrier. A motor carrier
receiving an identification stamp under the provisions of this Rule shall not
knowingly permit the use of same by any other person or organization.
(e) On or before the thirty‑first day of January of
each calendar year, but not earlier than the preceding first day of October,
such motor carrier shall apply to the National Association of Regulatory
Utility Commissioners for the issuance of a sufficient supply of uniform
identification cab cards for use in connection with the registration and
identification of the vehicle or vehicles which it intends to operate, or
driveaway operations which it intends to conduct, within the borders of the
state during the ensuing year.
(f) The NARUC shall issue to the motor carrier the number
of cab cards requested. A motor carrier receiving a cab card under the
provisions of this Rule shall not knowingly permit the use of same by any other
person or organization. Prior to operating a vehicle, or conducting a
driveaway operation, within the borders of the state during the ensuing year,
the motor carrier shall place one of such identification stamps on the back of
a cab card in the square bearing the name of the state in such a manner that
the same cannot be removed without defacing it. The motor carrier shall
thereupon duly complete and execute the form of certificate printed on the
front of the cab card so as to identify itself and such vehicle or driveaway
operation and, in the case of a vehicle leased by the motor carrier, such
expiration date shall not exceed the expiration date of the lease. The
appropriate expiration date shall be entered in the space provided below the
certificate. Such expiration date shall be within a period of 15 months from
the date the cab card is executed and shall not be later in time than the
expiration date of any identification stamp or number placed on the back
thereof.
(g) The registration and identification of a vehicle or
driveaway operations under the provisions of this Rule and the identification
stamp evidencing the same and the cab card prepared therefore shall become void
on the first day of February in the succeeding calendar year, unless such
registration is terminated prior thereto.
(h) The application for the issuance of such identification
stamps shall be in the form set forth in Form B‑1 which is available from
the Motor Carrier Regulatory Unit. The application shall be printed on a
rectangular card or sheet of paper 11 inches in height and 8 and 1/2 inches in
width. The application shall be duly completed and executed by an official of
the motor carrier, and shall be accompanied by a filing fee in the amount of
one dollar ($1.00) for each identification stamp applied for. Applications for
annual reregistration of such motor vehicles shall be accompanied by a filing
fee in the amount of one dollar ($1.00) for each identification stamp applied
for. Provided, that vehicles of such carriers domiciled in another
jurisdiction which extends reciprocity to vehicles of carriers domiciled in
North Carolina, pursuant to the general reciprocal agreements heretofore or
hereafter entered into with the North Carolina Commissioner of Motor Vehicles
under Article 1A of Chapter 20 of the General Statutes, shall be exempt from
the payment of registration fees required in this Paragraph to the same extent
as such jurisdiction exempts vehicles of carriers domiciled in North Carolina
from annual interstate public utilities vehicle registration fees similar to
the fee required in this Paragraph.
(i) The application for the issuance of such cab cards
shall be duly executed by an official of the motor carrier.
(j) The identification stamp issued under the provisions of
this Rule by the Division shall bear its name or symbol and such other
distinctive markings or information, if any, as the Division deems
appropriate. In addition, such stamp shall bear an expiration date of the
first day of February in the succeeding calendar year. The stamp shall be in
the shape of a square and shall not exceed one inch in diameter.
(k) The cab card referred to in Paragraphs (a) through (j)
of this Rule shall be in the form set forth in Form D‑1 which is
available from NARUC, and shall bear the seal of the NARUC. The cab card shall
be printed on a rectangular card 11 inches in height and 8 and 1/2 inches in
width.
(l) In the case of a vehicle not used in a driveaway
operation, the cab card shall be maintained in the cab of such vehicle for
which prepared whenever the vehicle is operated by the carrier identified in
the cab card. Such cab card shall not be used for any vehicle except the
vehicle for which it was originally prepared. A motor carrier shall not
prepare two or more cab cards which are effective for the same vehicle at the
same time.
(m) In the case of a driveaway operation, the cab card
shall be maintained in the cab of the vehicle furnishing the motor power for
the driveaway operation whenever such an operation is conducted by the carrier
identified in the cab card.
(n) A cab card shall, upon demand, be presented by the
driver to any authorized agent or representative of the North Carolina Division
of Motor Vehicles.
(1) Each motor carrier shall destroy a cab card
immediately upon its expiration, except as otherwise provided in the proviso to
Subparagraph (2) of this Paragraph.
(2) A motor carrier permanently discontinuing
the use of a vehicle, for which a cab card has been prepared, shall nullify the
cab card at the time of such discontinuance: Provided, however, that if such
discontinuance results from destruction, loss or transfer of ownership of a
vehicle owned by such carrier, or results from destruction or loss of a vehicle
operated by such carrier under lease of 30 consecutive days' duration or more,
and such carrier provides a newly acquired vehicle in substitution therefore
within 30 days of the date of such discontinuance, each identification stamp
and number placed on the cab card prepared for such discontinued vehicle, if
such card is still in the possession of the carrier, may be transferred to the
substitute vehicle by compliance with the following procedure:
(A) Such motor carrier shall duly complete and execute
the form of certificate printed on the front of a new cab card, so as to
identify itself and the substitute vehicle and shall enter the appropriate
expiration date in the space provided below such certificate;
(B) Such motor carrier shall indicate the date it
terminated use of the discontinued vehicle by entering same in the space
provided for an early expiration date which appears below the certificate of
the cab card prepared for such vehicles; and
(C) Such motor carrier shall affix the cab card prepared
for the substitute vehicle to the front of the cab card prepared for the
discontinued vehicle, by permanently attaching the upper left‑hand
corners of both cards together in such a manner as to permit inspection of the
contents of both cards and, thereupon, each identification stamp or number
appearing on the back of the card prepared for the discontinued vehicle shall
be deemed to apply to the operation of the substitute vehicle.
(3) Any erasure, improper alteration, or
unauthorized use of a cab card shall render it void.
(4) If a cab card is lost, destroyed,
mutilated, or becomes illegible, a new cab card may be prepared and new
identification stamps may be issued therefore upon application by the motor
carrier and upon payment of the fee prescribed. See G.S. 20‑385.
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; November 1, 1991;
Transferred and Recodified from 19A NCAC 3D .0823 Eff.
January 3, 1996.
19A NCAC 03E .0522 EVIDENCE OF LIABILITY SECURITY
(a) All interstate exempt motor carriers shall keep in
force at all times public liability and property damage insurance in amounts
not less than the minimum limits prescribed by the United States Department of
Transportation. There shall be filed with the Division a Form E (Uniform Motor
Carrier Bodily Injury and Property Damage Liability Certificate of Insurance).
(b) Notice of cancellation of insurance shall be given to
the Division by the insurer by filing Form K (Uniform Notice of Cancellation of
Motor Carrier Insurance Policies).
(c) Such motor carriers who elect to post bond in lieu of
insurance shall do so by filing Form G (Uniform Motor Carrier Bodily Injury and
Property Damage Liability Surety Bond). Notice of cancellation of surety bond
shall be given to the Division by filing Form L (Uniform Notice of Cancellation
of Motor Carrier Surety Bond).
(d) No such policy or bond shall be acceptable unless
issued by an admitted company or a surplus lines company as permitted in G.S.
58‑16-1 and 58-21-20. Provided, if the motor carrier is not registered
in this state and the insurance company or surety company is a non‑admitted
company, the company shall execute a power of attorney authorizing the
commissioner to accept service on its behalf of notice or process in any action
upon the policy or bond arising out of an accident involving the motor carrier
in this state. Further, the company shall be qualified in the state where the
motor carrier is registered.
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; November 1, 1991;
Transferred and Recodified from 19A NCAC 03D .0824 Eff.
January 3, 1996;
Amended Eff. April 30, 1997.
19A NCAC 03E .0523 REPRODUCTION OF FORMS
(a) No person or organization, other than the NARUC, shall
reproduce a uniform identification cab card, as set forth in Form D-1, for use
under the provisions of the rules in this Section, and any such form reproduced
by such an unauthorized person or organization is hereby declared to be void as
directed in the Code of Federal Regulations, Chapter 49 part 1023.101, which is
hereby incorporated by reference, including all subsequent amendments and
editions. Chapter 49 can be purchased for nineteen dollars ($19.00) from the
Superintendent of Documents, U.S. Government Printing Office, P.O. Box 371954,
Washington, D.C. 15250. Make check payable to the Superintendent of Documents.
(b) A typewriter or indelible ink shall be used in entering
information in the blank spaces appearing on the forms prepared under the
provisions of this Section.
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; 20-387;
Eff. April 1, 1986;
Amended Eff. January 1, 1994;
Transferred and Recodified from 19A NCAC 3D .0825 Eff.
January 3, 1996.
19A NCAC 03E .0524 VIOLATIONS DECLARED UNLAWFUL: CRIMINAL
PENALTIES
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; 20-387;
Eff. April 1, 1986;
Repealed Eff. January 1, 1994 pursuant to 1991 S.L., c.
477, s. 3;
Transferred and Recodified from 19A NCAC 3D .0826 Eff.
January 3, 1996.
19A NCAC 03E .0525 INVESTIGATION OF MOTOR CARRIER ACCIDENTS
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;
Repealed Eff. November 1, 1991;
Transferred and Recodified from 19A NCAC 3D .0827 Eff.
January 3, 1996.