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Section .0100 ‑ Gross Receipts Tax: Common Carriers Of Property


Published: 2015

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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Repealed Eff.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Repealed Eff.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Repealed Eff.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Repealed Eff.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Repealed Eff.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Repealed Eff.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Repealed Eff.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.