SUBCHAPTER 3A ‑ ADMINISTRATION

 

SECTION .0100 ‑ GENERAL ADMINISTRATION

 

19A NCAC 03A .0101      ORGANIZATION: COMMISSIONER OF MOTOR VEHICLES

 

History Note:        Authority G.S. 20‑1; 20‑3; 20-39;

Eff. July 1, 1978;

Amended Eff. November 1, 1991; February 1, 1982;

Repealed Eff. December 1, 1993.

 

19A NCAC 03A .0102      RECIPROCITY

19A NCAC 03A .0103      RECIPROCAL PROVISIONS

 

History Note:        Authority G.S. 20‑1; 20‑4.1 through 20‑4.12; 20‑4.18 to 20.4‑20;

Eff. July 1, 1978;

Repealed Eff. February 1, 1982.

 

19A NCAC 03A .0104      LEGAL PROCESS

 

History Note:        Authority G.S. 1‑105; 1‑105.1; 20-1; 20-39;

Eff. July 1, 1978;

Amended Eff. February 1, 1982;

Repealed Eff. December 1, 1993.

 

SECTION .0200 ‑ MOTOR CARRIERS OF MIGRATORY FARM WORKERS

 

19A NCAC 03A .0201      DEFINITIONS

19A NCAC 03A .0202      QUALIFICATIONS OF OPERATORS

19A NCAC 03A .0203      DRIVING OF MOTOR VEHICLES

19A NCAC 03A .0204      ACCESSORIES NECESSARY FOR SAFE OPERATION

19A NCAC 03A .0205      HOURS OF SERVICE OF DRIVERS: MAXIMUM DRIVING TIME

19A NCAC 03A .0206      INSPECTION AND MAINTENANCE OF MOTOR VEHICLES

19A NCAC 03A .0207      LIGHTING EQUIPMENT

19A NCAC 03A .0208      BRAKES

19A NCAC 03A .0209      WARNING DEVICES

19A NCAC 03A .0210      EMERGENCY EQUIPMENT: SUPPLIES: ETC.

19A NCAC 03A .0211      EXHAUST SYSTEM

19A NCAC 03A .0212      FIRST AID EQUIPMENT AND SUPPLIES

19A NCAC 03A .0213      REAR VIEW MIRROR

19A NCAC 03A .0214      STEERING MECHANISM

19A NCAC 03A .0215      DIRECTIONAL SIGNALS

19A NCAC 03A .0216      WINDSHIELD WIPER: WINDSHIELD: SIDE AND REAR GLASSES

19A NCAC 03A .0217      PENALTIES: VIOLATION OF REGULATIONS A MISDEMEANOR

19A NCAC 03A .0218      MOTOR VEHICLES TRANSPORTING MIGRATORY FARM WORKERS

 

History Note:        Authority G.S. 20‑1; 20‑4.1; 20‑7; 20‑9; 20‑10; 20‑122.1; 20‑124; 20‑125.1; 20‑127(a),(c); 20‑129; 20‑131; 20‑154(b); 20‑215.1; 20‑215.2; 20‑215.4; 20‑215.5;

Eff. July 1, 1978;

Amended Eff. February 1, 1982;

Repealed Eff. November 1, 1991.

 

 

SUBCHAPTER 3B ‑ DRIVER LICENSE SECTION

 

SECTION .0100 ‑ GENERAL INFORMATION

 

19A NCAC 03B .0101      PURPOSE

This Section provides information on the following:

(1)           the four tests that may be required of an applicant for a driver's license;

(2)           the medical evaluation program;

(3)           driving records;

(4)           classified driver's license.

 

History Note:        Authority G.S. 20‑1; 20‑7(a) to (e); 20‑9; 20-15; 20‑17.1; 20-24; 20-26; 20-27; 20-39; 111‑28;

Eff. July 1, 1978;

Amended Eff. June 5, 1981.

 

19A NCAC 03B .0102      DEFINITIONS

 

History Note:        Authority G.S. 20‑4.01; 20‑7(c);

Eff. July 1, 1978;

Amended Eff. June 5, 1981;

Repealed Eff. July 1, 1982.

 

19A NCAC 03B .0103      FORMS

The forms used by the driver license section of the Division of Motor Vehicles are on file in the commissioner's office and are available for review during normal working hours.

 

History Note:        Authority G.S. 20‑7; 20-39;

Eff. July 1, 1978;

Amended Eff. November 1, 1991; June 5, 1981.

 

19A NCAC 03B .0104      RE‑EXAMINATION FOR TRAFFIC VIOLATIONS

19A NCAC 03B .0105      RE‑EXAMINATION MAY BE REQUIRED

19A NCAC 03B .0106      SPECIAL OPERATOR'S LICENSE

19A NCAC 03B .0107      TEMPORARY LEARNER'S PERMITS

19A NCAC 03B .0108      DESCRIPTION

19A NCAC 03B .0109      MINORS

19A NCAC 03B .0110      DUPLICATE LICENSE FEE

19A NCAC 03B .0111      EXEMPTIONS FROM LICENSE REQUIREMENTS

19A NCAC 03B .0112      AGE LIMITS

19A NCAC 03B .0113      PERSONS NOT TO BE LICENSED

19A NCAC 03B .0114      ADDRESS CHANGE

19A NCAC 03B .0115      PUBLIC PASSENGER DRIVER'S AGE LIMIT

19A NCAC 03B .0116      CANCELLATION FOR INCORRECT INFORMATION

19A NCAC 03B .0117      SPECIAL IDENTIFICATION CARD

19A NCAC 03B .0118      FORMS ON FILE

 

History Note:        Authority G.S. 20‑1; 20‑7; 20‑7.1; 20‑7(f),(l),(n); 20‑8(1) to (7); 20‑9(a) to (f); 20‑10; 20‑11(a) to (c); 20‑12; 20‑15(a),(b); 20‑29.1; 20‑37.1; 20‑37.7(a) to (h);

Eff. July 1, 1978;

Repealed Eff. June 30, 1981.

 

19A NCAC 03B .0119      FEE FOR DRIVER IMPROVEMENT CLINIC

A twenty‑five ($25.00) fee shall be charged to persons who are assigned and attend the driver improvement clinic.  Payment must be made to a driver license representative prior to attending the first class.  A certified check, money order or cash will be required, and a receipt for payment, in any form, will be issued.  Personal checks will not be accepted.

 

History Note:        Authority G.S. 20‑1; 20‑16(c); 20‑16(e); 20-39;

Eff. October 1, 1982;

Amended Eff. November 1, 1991.

 

section .0200 - DRIVER'S LICENSE ISSUANCE

 

19A NCAC 03B .0201      DRIVER'S LICENSE EXAMINATION AND ONLINE RENEWAL

(a)  The Division shall issue a driver's license to any person who passes the tests and meets the requirements listed below and is otherwise eligible under G.S. 20 to hold a license. Applicants for a driver's license are subject to the following tests and requirements:

(1)           Knowledge Examination.  This is an automated computer test on knowledge of rules of the road.  An audio component allows applicants with reading comprehension difficulties to listen to the test questions by use of earphones.  Eighty percent of the questions shall be answered correctly in order to pass the knowledge examination.  For the issuance of a remote renewal, the requirement of a knowledge examination shall be waived.

(2)           Road Signs.  This is a test on knowledge of highway signs and their meanings.  Applicants for a regular Class "C" license shall correctly identify nine of twelve road signs.  Applicants for "A" or "B" licenses shall correctly identify all road signs.  For the issuance of a remote renewal, the requirement of the road signs test shall be waived.

(3)           Visual Acuity Test.  The applicant's visual acuity shall be 20/40 or better in either eye or both eyes together to receive an unrestricted license.  A license is restricted to require corrective lenses if acuity is less than 20/40 in either eye or both eyes together.

(4)           Road Test.  The road test measures the applicant's ability to operate a motor vehicle safely in actual traffic situations.  The required maneuvers are:  quick stop, turnabout, backing, approach corner, right turns, left turns, traffic lights, use of vehicle operating equipment, starts, use of lanes, use of brakes, following, and paying attention.  Approval or disapproval is determined by the driver license examiner based upon the applicant's ability to execute the required maneuvers.  For the issuance of a remote renewal, the requirement of a road test shall be waived.

(5)           Remote Renewal.  The renewal of a driver's license by mail, telephone, or electronic device. Applicants will find instructions for remote renewal on the Division of Motor Vehicles' Website at http://www.ncdot.gov/dmv. A driver's license issued by remote renewal expires in accordance with G.S. 20-7(f)(6)c.

(6)           Attestation.  An applicant eligible to make application for a remote renewal shall truthfully attest to the following as part of the application for a remote renewal:

(A)          The applicant is a resident of North Carolina and currently resides at the address listed on the license to be renewed;

(B)          The license holder's name as it appears on the license to be renewed has not changed;

(C)          All information provided during the application for a remote renewal has been provided truthfully;

(D)          That the applicant knows of no change in his or her vision since the last time the applicant passed the visual acuity test in Subparagraph (a)(3) of this Rule that would impair the applicant's ability to safely drive a motor vehicle; and

(E)           That no change in physical or mental abilities has occurred since the last issuance.

(7)           Photo Requirement.  The requirement of a newly captured photo in G.S. 20-7(n)(4) shall be waived for an applicant eligible to make application for a remote renewal, providing the applicant has an existing DMV photo on file.

(8)           Upon completion of the remote renewal process, the license shall be renewed if all criteria in G.S. 20-7 are met. The applicant may use the current license for all legitimate driver license purposes until the license becomes invalid for some other reason, or receipt of the new license card.

(b)  The tests contained in Paragraph (a) shall be administered as follows:

(1)           First time applicants.  Applicants applying for a driver's license for the first time shall complete the full examination, to include the knowledge examination, road signs test, visual acuity test, and road test.  Applicants in this Subparagraph are not eligible to apply for remote renewal.

(2)           Renewals and licenses expired less than two years. Applicants seeking to renew a valid, unexpired North Carolina driver’s license shall complete the road signs test and visual acuity test, unless the applicant is renewing remotely.  Applicants possessing a previously issued North Carolina driver's license, expired less than two years, shall complete the road signs test and visual acuity test.  An applicant shall attest during the application for a remote driver license renewal that the applicant knows of no change in his or her vision as set out in Part (a)(6)(D) of this Rule.

(3)           Applicants possessing a previously issued North Carolina driver's license expired greater than two years.  Applicants shall complete the full examination, to include the knowledge examination, road signs test, visual acuity test, and road test.  Applicants in this Subparagraph are not eligible to apply for remote renewal.

(4)           Applicants with a driver's license issued by another State, which is valid and current, or expired less than two years.  Applicants seeking to transfer their current driver's license from another state or applicants possessing a driver's license issued by another state that is expired less than two years shall complete the road signs test and visual acuity test.  Applicants in this Subparagraph are not eligible to apply for remote renewal.

(5)           Applicants with a driver's license issued by another state, expired more than two years.  Applicants shall complete the full examination, to include the knowledge examination, road signs test, visual acuity test, and road test.  Applicants in this Subparagraph are not eligible to apply for remote renewal.

 

History Note:        Authority G.S. 20-2; 20‑7(a),(c),(f); 20-39; S.L. 2014-100, s. 34.8(a),34.8(b);

Eff. July 1, 1978;

Amended Eff. May 4, 2015; May 1, 2014; December 1, 1993; July 1, 1982; June 5, 1981.

 

19A NCAC 03B .0202      MEDICAL CONDITION REFERRAL

19A NCAC 03B .0203      MEDICAL REVIEW BOARD

 

History Note:        Authority G.S. 20‑1; 20‑9(a) to (h); 20‑9(1) to (4); 20‑9(4)(a) to (h); 20‑15; 20‑17.1(a) to (f); 111‑28;

Eff. July 1, 1978;

Repealed Eff. June 30, 1981.

 

SECTION .0300 ‑ MEDICAL EVALUATION

 

19A NCAC 03B .0301      ACUTE OR CHRONIC ILLNESSES

(a)  Certain illnesses such as uncontrolled epilepsy, diabetes, severe vision problems, certain forms of mental illness, alcoholism and others, may make driving unadvisable either temporarily or permanently.  Drivers suffering from such an illness may be referred to the Division for evaluation by any one of the following:

(1)           driver license examiner,

(2)           driver license hearing officer,

(3)           driver education specialist,

(4)           law enforcement officers,

(5)           court officials,

(6)           physicians,

(7)           citizens.

(b)  Reports of chronic illness will be evaluated by a Division of Health Services physician and may be reviewed by a panel of practicing physicians.  The panel of physicians may recommend approval of the subject's driving privilege, approval with restrictions or disapproval.  A driver receiving an unfavorable decision may appeal the decisions to the Medical Review Board.

 

History Note:        Authority G.S. 20‑1; 20‑9; 20‑17.1;

Eff. July 1, 1978;

Amended Eff. November 1, 1991; June 5, 1981.

 

19A NCAC 03B .0302      NEGLIGENT DRIVERS

19A NCAC 03B .0303      DRIVER IMPROVEMENT CLINIC

19A NCAC 03B .0304      MANDATORY SUSPENSION

19A NCAC 03B .0305      NONCOMPLIANCE

19A NCAC 03B .0306      CHEMICAL TEST REFUSAL

19A NCAC 03B .0307      REVOCATIONS

19A NCAC 03B .0308      DRIVING WHILE LICENSE REVOKED OR SUSPENDED

19A NCAC 03B .0309      PREARRANGED SPEED COMPETITION

19A NCAC 03B .0310      WILLFUL SPEED COMPETITION

19A NCAC 03B .0311      MOTOR VEHICLE CONVICTION IN ANOTHER STATE

19A NCAC 03B .0312      PRIVILEGE TO DRIVE

19A NCAC 03B .0313      LICENSE PICKED UP BY COURT

19A NCAC 03B .0314      APPEAL TO COURT

19A NCAC 03B .0315      RESTORATION FEE

19A NCAC 03B .0316      FORMS ON FILE

19A NCAC 03B .0317      HABITUAL OFFENDERS

 

History Note:        Authority G.S. 20‑1; 20‑4; 20‑4.20; 20‑7; 20‑7(i)(l); 20‑9; 20‑16(a)(2); 20‑16(a)(4) to (10); 20‑16(a)(7); 20‑16(a)(10a); 20‑16(a)(11); 20‑16(c); 20‑16(d); 20‑16.1; 20‑16.2; 20‑16.2(a)(1 to 4); 20‑16.2(b) to (h); 20‑16.3; 20‑17.1; 20‑17(1) to (4),(6) to (8); 20‑19(d) to (f); 20‑23; 20‑23.1; 20‑23.2; 20‑24; 20‑25; 20‑28; 20‑28.1; 20‑141.3(a),(b),(e); S.L. 1977, c. 243;

Eff. July 1, 1978;

Repealed Eff. June 30, 1981.

 

SECTION .0400 ‑ RECORDS

 

19A NCAC 03B .0401      CONVICTIONS REPORTED BY COURT

19A NCAC 03B .0402      OUT OF STATE VIOLATION

 

History Note:        Authority G.S. 20‑1; 20‑24(a) to (d); 20‑26(a);

Eff. July 1, 1978;

Repealed Eff. June 30, 1981.

 

19A NCAC 03B .0403      DRIVING RECORDS

North Carolina G.S. 20‑26(c) provides for copies of driver license records to be furnished, upon prepayment of the appropriate fee, to persons, firms or corporations for uses other than official.  The record check will contain only public information concerning the subject of the driver license check.  Collision reports are not public information and shall not be a part of the driver license record check.  Information on a specific collision may be obtained from the Collision Reports/General Services Section of the Division of Motor Vehicles, 1100 New Bern Avenue, Raleigh, North Carolina  27697.

 

History Note:        Authority G.S. 20‑1; 20‑26(b),(c); 20-39;

Eff. July 1, 1978;

Amended Eff. December 1, 1993; November 1, 1991; July 1, 1982.

 

19A NCAC 03B .0404      RECORDS AVAILABLE TO PUBLIC

 

History Note:        Authority G.S. 20‑1; 20‑27;

Eff. July 1, 1978;

Repealed Eff. June 30, 1981.

 

SECTION .0500 ‑ FORMS

 

19A NCAC 03B .0501      FORMS: DRIVER SERVICES SECTION

19A NCAC 03B .0502      FORMS ON FILE

 

History Note:        Authority G.S. 20‑1; 20‑3;

Eff. July 1, 1978;

Repealed Eff. June 30, 1981.

 

SECTION .0600 ‑ CLASSIFIED DRIVERS' LICENSE

 

19A NCAC 03B .0601      GENERAL INFORMATION

Where provisions of this Section .0600 (Classified Drivers' License) may be in conflict with the provisions of Section .0700 (Commercial Drivers' License) or those of 19A NCAC 3J (Rules and Regulations Governing the Licensing of Commercial Truck Driver Training Schools and Instructors), the provisions of Section .0700 and those of 19A NCAC 3J will prevail.

 

History Note:        Authority G.S. 20‑7; 20-39; S.L. 1979, c. 667, s. 40;

Eff. June 5, 1981;

Amended Eff. December 1, 1993; November 1, 1991.

 

19A NCAC 03B .0602      GROSS VEHICLE WEIGHT

(a)  Gross vehicle weight shall be the actual weight of a vehicle as may be determined by weighing the vehicle at a permanent weigh station or by use of portable scales provided, however, that for the purposes of Article 2 of G.S. 20 the registered weight of the vehicle shall be considered the gross weight.

(b)  Gross vehicle weight of motor vehicles bearing permanent registration plates or other plates for which no weight is required to be shown on the registration card shall be the actual scale weight of the vehicle provided, however, for the purposes of Article 2 of G.S. 20 the gross vehicle weight of any single motor vehicle so registered having three axles or more and designed as a property hauling vehicle shall be deemed to be over 30,000 pounds.

(c)  The gross vehicle weight of a towed vehicle shall be the actual scale weight of the vehicle.

 

History Note:        Authority 20-39; S.L. 1979, c. 667, s. 40;

Eff. June 5, 1981.

 

19A NCAC 03B .0603      COMPANY ADMINISTERED ROAD TEST AND CERTIFICATION

For Class "A" or "B" driver's license:

(1)           Companies desiring authorization to certify road test for their employees must meet the following qualifications:

(a)           Employees must be applicants for a Class "A" or "B" license, either original or renewal.

(b)           Company must make application to the Division for company certification approval.

(c)           Company must appoint a safety officer and an examiner.

(d)           Transporting people or property in a motor vehicle must be an essential part of the company's operation.

(e)           Company must operate motor vehicles of the type requiring a Class "A" or "B" license.

(2)           Companies approved for the program will be assigned a certification number to be used on all certificates issued to their employees. One number will be assigned to each company and this number is to be used by the examiner at any of his companies' offices or terminals.  The company number as well as the signatures of the company safety officer and the examiner must appear on the road test certificate.  Each company shall report to the Division, by the tenth of each month, all employees certified by their examiner during the preceding month.  Negative reports are not required.

(3)           The duties and requirements of a company examiner are as follows:

(a)           The company examiner shall be a full‑time employee.

(b)           The examiner shall have a valid driver's license of the class for which he conducts road tests.

(c)           The examiner's application for certification must be endorsed by the company safety officer and approved by the Division of Motor Vehicles.

(d)           The examiner must sign a statement attesting to, or demonstrate to a designated Division of Motor Vehicles' official, his ability to operate a motor vehicle of the type for which he is conducting road tests.

(e)           The examiner shall determine that the applicant has a valid learner's permit of the proper class.  Out‑of‑state employees holding a valid license comparable to the type applied for do not have to have a learner's permit.

(f)            The examiner shall place the approval form in a sealed envelope and instruct the applicant to deliver the envelope, unopened, to a driver's license examining station within 30 days.

(4)           An applicant whose license renewal card reflects a driving record indicating the need for a road test may be certified by a company examiner.  Reflection of the need for a road test is indicated by an asterisk (*), adjacent to the letters RT appearing on the renewal card.

(5)           Any company road test certification inadvertently issued to a person whose license is in a state of suspension or revocation shall be returned to the Division of Motor Vehicles with a note of explanation to the issuing company.

(6)           Recertification is required when a company safety officer or company examiner changes employment.  The Division must be notified within 15 days when either the safety officer or the examiner is terminated or changes places of employment.

 

History Note:        Authority G.S. 20‑7(c); 20-39;

Eff. June 5, 1981;

Amended Eff. December 1, 1993; July 1, 1981.

 

19A NCAC 03B .0604      DEFINITIONS

As used in this Section:

(1)           "Company" means a corporation, partnership, joint venture, sole proprietorship or a federal, state, county or municipal agency.  Schools as defined by this section are not companies.

(2)           "Company Examiner" means a person selected by a company and certified by the Division to administer road tests for Class "A" or "B" license applicants.

(3)           "Company Safety Officer" means the person or persons selected by a company to supervise the company's examiners and be responsible for the maintenance of records and submission of forms to the Division.

(4)           "Full‑time Employee" means a person who works for a company a minimum average of 37 1/2 hours per week.

(5)           "Student" means any individual who is enrolled in a commercial driver training school or school on a full‑time basis.  The number of hours required to complete such school shall be at least 163 hours.  Students may attend school on a part‑time basis to obtain the necessary hours.  Correspondence courses are not included in the number of hours needed for the purpose of administering road tests.

 

History Note:        Authority G.S. 20‑4.01; 20‑7(c); 20-321;

Eff. July 1, 1982;

Amended Eff. December 1, 1993.

 

19A NCAC 03B .0605      REQUEST FOR PROGRAM APPROVAL

19A NCAC 03B .0606      COMPANY CERTIFICATION CRITERIA

19A NCAC 03B .0607      COMPANY CERTIFICATION

 

History Note:        Authority G.S. 20‑7(c);

Eff. July 1, 1982;

Repealed Eff. December 1, 1993.

 

19A NCAC 03B .0608      COMPANY ROAD TEST CERTIFICATE

The road test certificate must be on a form approved by the Division (Form CL‑1).

 

History Note:        Authority G.S. 20‑7(c); 20-39;

Eff. July 1, 1982;

Amended Eff. December 1, 1993.

 

19A NCAC 03B .0609      COMPANY OR EXAMINER CHANGE IN STATUS

When a company examiner or a company safety officer changes employment, he must be recertified by the Division.  If a company ceases operation and reopens for business, the company must be recertified.  If the company or school's business address changes, it must be reinspected prior to administering road tests.

 

History Note:        Authority G.S. 20‑7(c); 20-39;

Eff. July 1, 1982;

Amended Eff. December 1, 1993.

 

19A NCAC 03B .0610      REPORTS BY COMPANY OR ITS EMPLOYEES

19A NCAC 03B .0611      COMPANY EXAMINER REQUIREMENTS AND DUTIES

 

History Note:        Authority G.S. 20‑7(c);

Eff. July 1, 1982;

Repealed Eff. December 1, 1993.

 

19A NCAC 03B .0612      ROAD TESTING OF COMPANY EMPLOYEES FOR CLASSIFIED LICENSE

(a)  An employee for a company certified by this Section applying for an original license must pass a road test in a vehicle of the same class as the license for which he has applied.  If the applicant has no apparent health problems or physical disabilities, the driver license examiner may allow the company examiner to administer the road test.

(b)  If an asterisk (*) appears on the driver license renewal application adjacent to the letters RT, the applicant may be required to take a road test.  The driver license examiner will determine if a road test will be administered, the type vehicle to be used and whether he or the company examiner will administer the road test.

(c)  A company examiner may conduct road tests in vehicles requiring a Class "A" or "B" license only.  Applicants given the road test by the company examiner must:

(1)           be referred to the company by the driver license examiner;

(2)           have either a valid Class "A" or "B" license or a Class "A" or "B" learner's permit;

(3)           be employed (either full‑time or part‑time) by the company;

(4)           be tested for either a Class "A" or "B" license.

 

History Note:        Authority G.S. 20‑7; 20-39; S.L. 1979, Ch. 667, s. 40;

Eff. July 1, 1982;

Amended Eff. December 1, 1993.

 

19A NCAC 03B .0613      REVOCATION OR SUSPENSION OF A COMPANY OR COMPANY EXAMINERS

If any company, company safety officer or company examiner is alleged to be in violation of any provision of these Rules, the company, safety officer or examiner shall be notified by registered or certified mail (addressee only) setting forth the alleged violation.  The company, through its owner or an officer, may request in writing a hearing.  This request must be made within ten days of receipt of the registered or certified letter.  The hearing shall be conducted by a Division official designated by the commissioner.  The company may be represented by counsel.  Upon completion of the hearing, the Division shall notify the company within ten days of the decision of the Division official as to suspension, revocation or other action. This decision may be appealed as provided by G.S. 150B. Recertification will be required if any company or company examiner's certification is revoked or cancelled.

 

History Note:        Authority G.S. 20‑7(c); 20-322;

Eff. July 1, 1982;

Amended Eff. December 1, 1993.

 

19A NCAC 03B .0614      APPLICATION FOR COMMERCIAL SCHOOL OR COMMUNITY COLLEGE

Commercial driver training schools or community colleges wishing to certify that their students are qualified to operate vehicles in either Class "A" or "B" category must be approved by the Division for that purpose.  Certification may be requested by submitting forms numbered CL‑2, CL‑2A, and an Application for Commercial Driver Training School certification.

If the school or community college is approved, it must designate a person responsible for the Classified Driver License Program.  If the school or community college is notified that it has been disapproved, it may request an administrative hearing to review the decision.  The request must be made in writing to the Driver License Section of the Division of Motor Vehicles in Raleigh within ten days of the notification.

 

History Note:        Authority G.S. 20‑7; 20-39; 20-321; S.L. 1979, Ch. 667, s. 40;

Eff. July 1, 1982.

 

19A NCAC 03B .0615      CRITERIA: COMMERCIAL SCHOOL OR COMMUNITY COLLEGE APPROVAL

A commercial driver training school or community college which applies for the authority to administer road tests and certify that its students are qualified to drive the type vehicle in either Class "A" or "B" category must:

(1)           make application to the Division for a license;

(2)           have students who are applicants for either Class "A" or "B" license;

(3)           appoint a school safety officer and an examiner;

(4)           own, rent, or lease vehicles that require Class "A" or "B" license to be operated in North Carolina;

(5)           road test only students enrolled in the school on a full‑time basis or enrolled in the full‑time course on a part‑time basis (This does not include correspondence courses.);

(6)           require all instructors to be licensed by the School Bus and Traffic Safety Section of the Division of Motor Vehicles before applying for a license as a school examiner;

(7)           have teaching facilities adequately designed to conduct classes as outlined in 19A NCAC 3I (Rules and Regulations Governing the Licensing of Commercial Driver Training Schools and Instruction).

 

History Note:        Authority G.S. 20‑7; 20-321; S.L. 1979, Ch. 667, s. 40;

Eff. July 1, 1982;

Amended Eff. December 1, 1993.

 

19A NCAC 03B .0616      APPROVAL: COMMERCIAL SCHOOL: COMMUNITY COLLEGE INSTRUCTORS

An instructor at a commercial driver training school must:

(1)           be a full‑time employee;

(2)           have a valid driver's license of the class for which he wishes to conduct road tests;

(3)           have his application for a license endorsed by the school safety officer and approved by the Division.  Form CL‑3, Form 3A, and a Classified Driver License Commercial School Instructor Application must be completed;

(4)           sign a statement attesting to or demonstrate to a designated Division official his ability to operate a motor vehicle of the class for which he is conducting road tests;

(5)           sign a statement that specifies his responsibility as school examiner and adherence to the rules that govern the Classified Driver License Program.

 

History Note:        Authority G.S. 20‑7; 20-39; 20-321; 20-323; S.L. 1979, Ch. 667, s. 40;

Eff. July 1, 1982;

Amended Eff. December 1, 1993.

 

19A NCAC 03B .0617      COMMERCIAL SCHOOL: EMPLOYEE RECERTIFICATION REQUIREMENTS

If an instructor at a commercial driver training school resigns, transfers, changes employment or is terminated, the school must notify the Division within 15 days.  If a school instructor changes employment or has his license revoked or cancelled, he must apply for a new license.  Certification of a safety officer or examiner cannot be transferred to another person.  If a commercial school ceases operation, it must apply for a new license prior to resuming operation.

 

History Note:        Authority G.S. 20‑7; 20-321; S.L. 1979, Ch. 667, s. 40;

Eff. July 1, 1982;

Amended Eff. December 1, 1993.

 

19A NCAC 03B .0618      ADVERTISING BY SCHOOLS

A commercial driver training school may advertise by any method or medium except:

(1)           No advertisement shall show a telephone number for a school unless it also shows a valid address for the principal place of business of the school.

(2)           No advertisement shall indicate in any way that a school can or will issue or guarantee the issuance of a driver's license or imply that preferential or advantageous treatment from the Division can be obtained.

(3)           A school may state in an advertisement that it has been approved and licensed by the Division.

 

History Note:        Authority G.S. 20‑322 through 20‑324;

Eff. July 1, 1982.

 

19A NCAC 03B .0619      INSPECTION OF SCHOOLS

The Division shall make periodic inspections (at least annually) of schools and branches to determine compliance with laws and rules of the Driver License Program.  The inspection shall be made during regular business hours by authorized representatives of the Division.  Authorized representatives of the Division for this purpose are the classified driver license administrative officer, zone chiefs, district supervisors and assistant district supervisors.  Inspections shall include examination of all school records including student files and contracts, classroom facilities, training devices, instructional materials, vehicles, and any other items required by law, or rule, or considered appropriate for inspection by the representative (Form TSE‑604).  Each owner, partner, associate, corporate officer, or employee of any commercial driver training school shall cooperate with the Division's representative and, upon demand, shall furnish all records, instructional aids and equipment, and any other items which are required for the inspection.  Refusal to permit inspections may result in the revocation of the license.

 

History Note:        Authority G.S. 20‑321 through 20‑324;

Eff. July 1, 1982;

Amended Eff. December 1, 1993.

 

19A NCAC 03B .0620      GROUNDS FOR REVOCATION OR DENIAL/CERT. OF A CO./LICENSING OF A SCHOOL

(a)  A company certification may be suspended or denied for the following reasons:

(1)           Company has no employees (cannot certify yourself);

(2)           Company has no training program or no driver selection program;

(3)           Company refuses to maintain or fails to submit proper records required by the Division;

(4)           Company refuses to permit an authorized representative of the Division to conduct inspection of equipment or records;

(5)           Company allows unauthorized personnel to conduct road tests;

(6)           Company not engaged in a business in which the transportation of persons or property is an essential part of its operation;

(7)           Company does not own, lease or rent equipment, for its own use, that requires either a Class "A" or "B" license;

(8)           Company allows employee or school allows student to be certified knowing the driver is not qualified to operate vehicle requiring either Class "A" or "B" license;

(9)           Company allows driver not employed by the company to be certified;

(10)         Company fails to report termination or transfer of employee within the required 15 days.

(b)  A school license may be suspended or denied for the following reasons:

(1)           School refuses to maintain or fails to submit proper records required by the Division;

(2)           School refuses to permit an authorized representative of the Division to conduct inspection of equipment or records;

(3)           School allows unauthorized personnel to conduct road tests;

(4)           School does not own, lease or rent equipment, for its own use, that required either a Class "A" or "B" license;

(5)           School allows person not enrolled as student to be certified;

(6)           School fails to report termination or transfer of employee within the required 15 days.

 

History Note:        Authority G.S. 20‑7; 20-321; S.L. 1979, Ch. 667, s. 40;

Eff. July 1, 1982;

Amended Eff. January 1, 1994.

 

19A NCAC 03B .0621      DENIAL/REVOCATION: COMPANY EXAMINER: SCHOOL INSTRUCTOR

A company examiner's certification or a school instructor's license may be revoked or denied if he:

(1)           is not properly licensed in North Carolina (he must have and maintain a valid North Carolina Class "A" or "B" license for the class vehicles for which he wishes to be certified to administer road tests);

(2)           holds more than one license issued by more than one state unless it has been approved by the Division;

(3)           has had cancellation, revocation, suspension or denial of a license in North Carolina or any other state in the past five years (this does not include voluntary surrender);

(4)           has more than three convictions of moving violations, bond forfeitures or PJC's (prayer for judgement continued) in the previous four years;

(5)           has been convicted of driving under the influence of alcoholic beverages or drugs, driving with a blood alcohol content of 0.10 percent or more by weight, or reckless driving within the previous five years;

(6)           has a physical impairment that in the judgement of the Division would impair his ability to safely operate a motor vehicle of the class required to certify others;

(7)           is not a full‑time employee;

(8)           has been convicted of authorizing, or knowingly permitting, a motor vehicle owned by him or under his control to be driven by any person who has no legal right to do so;

(9)           signs a road test certificate without observing the road test;

(10)         signs a road test certificate for anyone not employed by the company for which he has been certified to administer road tests or enrolled as a student in the school for which he has been certified to administer road tests;

(11)         has not been recommended by his company to serve as company examiner;

(12)         cannot sign an affidavit of driving experience or cannot pass road test;

(13)         falsifies an application and/or affidavit; or

(14)         for any reason the Division deems to be in the best interest of the State.

 

History Note:        Authority G.S. 20‑7; 20-321; S.L. 1979, Ch. 667, s. 40;

Eff. July 1, 1982;

Amended Eff. January 1, 1994.

 

SECTION .0700 ‑ COMMERCIAL DRIVERS' LICENSE

 

19A NCAC 03B .0701      GENERAL INFORMATION

(a)  The purpose of the rules in this Section is to establish policies and procedures to permit persons other than employees of the North Carolina Division of Motor Vehicles to conduct the skills test required of commercial driver license applicants.

(b)  Authority to administer skills tests will be granted only to Third Party Testers under agreement with the North Carolina Division of Motor Vehicles and utilizing Third Party Examiners recognized and deemed qualified by the North Carolina Division of Motor Vehicles.

 

History Note:        Authority G.S. 20‑37.22;

Eff. September 1, 1990;

Amended Eff. December 1, 1993.

 

19A NCAC 03B .0702      DEFINITIONS

The following words and terms, when used in these requirements, shall have the following meaning:

(1)           "Division" ‑ The North Carolina Division of Motor Vehicles.

(2)           "Commissioner" ‑ The North Carolina Commissioner of Motor Vehicles.

(3)           "CDL" ‑ Commercial Drivers License.

(4)           "FHWA" ‑ Federal Highway Administration.

(5)           "FMCSR" ‑ The Federal Motor Carrier Safety Regulations promulgated by the U.S. Department of Transportation.

(6)           "Approved Testing Program" ‑ The skills tests required by the Division which shall be administered by a Third Party Tester.

(7)           "Tester Certificate" ‑ The document issued to a Third Party Tester authorizing them to administer the approved testing program on behalf of the Division.

(8)           "Third Party Tester" ‑ A government entity, association, educational institution or business entity engaged in the use of commercial motor vehicles, licensed by the Division to administer the approved testing program for CDL applicants in accordance with these requirements.

(9)           "Third Party Examiner" ‑ An individual who is a payroll employee of a Third Party Tester and who has been issued an examiner certificate to conduct the skills tests required for a CDL.

 

History Note:        Authority G.S. 20‑37.22;

Eff. September 1, 1990.

 

19A NCAC 03B .0703      REQUIREMENTS FOR THIRD PARTY TESTERS

(a)  To be certified as a Third Party Tester a person must:

(1)           Make application to and enter into an agreement with the Division as provided in Rule .0706 of this Section.

(2)           Maintain a place of business with at least one permanent regularly occupied structure within the state of North Carolina.

(3)           Ensure its place of business meets all requirements of state law and local ordinances.

(4)           Have at least one qualified and approved Third Party Examiner in its employ.

(5)           Allow FHWA, its representative(s), and the Division to conduct random examinations, inspections and audits without prior notice.

(6)           Allow the Division to conduct periodic, but at least annual on‑site inspections.

(7)           Maintain at each third party testing location, for a minimum of two years, a record of each driver for whom the Third Party Tester conducts a skills test, whether or not the driver passes or fails the test.  Each such record shall include:

(A)          The complete name and address of the driver;

(B)          The driver's social security number, driver's license number and the name of the state or jurisdiction that issued the license held by the driver at the time of the test;

(C)          The date the driver took the skills test;

(D)          The test score sheet(s) showing the results of the test;

(E)           The name and identification number of the Third Party Examiner conducting the skills test;

(F)           The record of all receipts and disbursements;

(G)          The make, model and registration number of the commercial motor vehicle(s) used to conduct the testing; and

(H)          The written contract (copy), if applicable, with any person or group of persons being tested.

(8)           Maintain at each approved testing location, a record of each Third Party Examiner in the employ of the Third Party Tester at that location.  Each record shall include:

(A)          A valid Examiner Certificate indicating the Examiner at that location;

(B)          A copy of the Third Party Examiner's current driving record, which must be updated annually; and

(C)          Evidence that the Third Party Examiner is a payroll employee of the Third Party Tester.

(9)           Retain all Third Party Examiner records for at least two years after the Third Party Examiner leaves the employ of the Third Party Tester.

(10)         Ensure that the skills tests are conducted in accordance with the requirements of this Section.

(11)         Provide documented proof (using a form provided by the Division) to each driver applicant who takes and passes the required skills tests.  The driver applicant in turn will present the form to the Division as evidence that they successfully passed the driving tests administered by the Third Party.

(12)         To maintain certification the Third Party Tester must administer skills tests to a minimum of five different driver applicants annually in accordance with the requirements of this Section.

(b)  In addition to the requirements listed in Paragraph (a) of this Rule, all Third Party Testers who are not governmental entities or associations must:

(1)           Truck and Bus Companies:

(A)          Employ at least 25 North Carolina licensed drivers (full‑time, part‑time, or seasonal) of commercial motor vehicles.

(B)          Employ an individual who would be responsible for the organization's third party testing operation.

(C)          Have been in operation in North Carolina a minimum of six months.  (If in operation less than six months under current company name, identify previous company name(s) to cover the six month period.)

(2)           Educational Institutions:

(A)          Have an established commercial motor vehicle training program.

(B)          Have been in operation in North Carolina a minimum of six months.

 

History Note:        Authority G.S. 20-37.13; 20‑37.22;

Eff. September 1, 1990;

Amended Eff. August 1, 1994; December 1, 1993.

 

19A NCAC 03B .0704      REQUIREMENTS FOR THIRD PARTY EXAMINERS

(a)  Third Party Examiners may conduct skills tests on behalf of only one Third Party Tester at any given time.  If a Third Party Examiner leaves the employ of a Third Party Tester he/she must reapply in order to conduct tests on behalf of a new Third Party Tester.

(b)  To qualify as a Third Party Examiner, an individual must:

(1)           Make application on a form provided by the Division;

(2)           Be a payroll employee of the Third Party Tester;

(3)           Possess a valid North Carolina Driver's License with classification and endorsements required for operation of the class and type of commercial motor vehicle used in the skills tests conducted by the Examiner; and

(4)           Have successfully completed the CDL Examiner Training Course conducted by the Division.  Persons who were certified as Third Party Examiners prior to August 1, 1994 who did not successfully complete the CDL Examiner Training Course conducted by the Division must successfully complete that course prior to January 1, 1995 to maintain certification as Third Party Examiners.  At a minimum upon completion of the training the Third Party Examiner shall have acquired and demonstrated the following knowledge and skills:

(A)          A comprehensive understanding of North Carolina G.S., Chapter 20 Article 2C and the rules adopted pursuant thereto;

(B)          A working knowledge of the CDL testing procedures and forms;

(C)          Ability to administer and score correctly each of the CDL skills test; and

(D)          Knowledge of testing site and route requirements.

(5)           Take part in all Division required advanced training courses, workshops and seminars;

(6)           Within ten years prior to application have had no convictions for Driving While Impaired (DWI);

(7)           Within five years prior to application have had no driver's license suspensions, revocations, cancellations or disqualifications;

(8)           Be at least 21 years of age;

(9)           Conduct skills tests on behalf of the Third Party Tester, in accordance with these Rules and in accordance with current instructions provided by the Division.

 

History Note:        Authority G.S. 20-37.13; 20‑37.22;

Eff. September 1, 1990;

Amended Eff. August 1, 1994; December 1, 1993.

 

19A NCAC 03B .0705      CERTIFICATES

(a)  A certificate will be issued allowing the Third Party Tester to operate an approved testing program to give skills tests to applicants for a CDL.

(b)  An examiner certificate will be issued to qualified employees of the Third Party Tester.

(c)  A copy of the Examiner's Certificate must be displayed in the office of the Third Party Tester.

(d)  The certificate issued by the Division to operate a Third Party Testing Program will be effective on the date of issuance and shall be prominently displayed in the place of business of the Third Party Tester until cancelled or revoked.

(e)  The Examiner's certificate will be effective on the date of issuance and remain in effect unless the Examiner must surrender the certificate to the Division when that Examiner becomes inactive or, until the certificate has been revoked or cancelled by the Division.

(f)  A certificate to operate a Third Party Testing program shall be non‑transferable.

 

History Note:        Authority G.S. 20‑37.22;

Eff. September 1, 1990.

 

19A NCAC 03B .0706      APPLICATION FOR THIRD PARTY TESTER CERTIFICATION

(a)  Before any certificate is issued, an application shall be made in writing to the Division on a form prepared and furnished by the Division.  The application shall include the following:

(1)           The official name, address, and telephone number of the principal office or headquarters.

(2)           Name, title, address and telephone number of the individual who has been designated the applicant's contact person.

(3)           Description of the type of organization that is applying (governmental entity, association, motor carrier, educational institution), as well as the length of time they have been in business in North Carolina, if applicable.

(4)           A description of the vehicle fleet owned or leased by the applicant, including a complete equipment roster as listed for insurance purposes.

(5)           The class of testing for which the applicant is applying.

(6)           The total number of North Carolina licensed drivers employed to operate commercial motor vehicles, and the number of such drivers who are full‑time, part‑time, and seasonal.

(7)           Name, driver's license number, social security number and home address of those payroll employee(s) who wish to be approved as Third Party Examiners.

(8)           Proof the Third Party Tester meets the insurance requirements as stated in Rule .0714 (a) ‑ (d).

(9)           The address of each North Carolina location where the applicant intends to conduct the skills tests as well as a description of the off‑road facilities including a map, drawing or written description of the road test route that will be used for the on‑road portion of the skills test.

(b)  Educational Institutions must submit with their application a description of their facilities, equipment and training curriculum.  The number of applications for the previous year and the percent graduated must also be included.

(c)  An applicant for a certificate shall also execute an agreement form provided by the Division in which the applicant agrees, at a minimum, to comply with the requirements and instructions of the Division for Third Party Tester, including audit procedures, and agrees to hold the Division harmless from liability resulting from the Third Party Tester's administration of its CDL Skills Test Program.

 

History Note:        Authority G.S. 20‑37.22;

Eff. September 1, 1990;

Amended Eff. December 1, 1993.

 

19A NCAC 03B .0707      APPLICATION FOR THIRD PARTY EXAMINER CERTIFICATION

Application for an Examiner Certificate shall be made on a form supplied by the Division.  The form shall require at least the following information:

(1)           Full name, home and business addresses and telephone numbers;

(2)           Driving history, including class of current license and any endorsements, and restrictions;

(3)           Name, address and telephone number of the applicant's employer who has applied for or received a certificate as a Third Party Tester; and

(4)           Employer's recommendation of the applicant for and examiner certificate, as well as proof that the applicant is a payroll employee.

 

History Note:        Authority G.S. 20‑37.22;

Eff. September 1, 1990.

 

19A NCAC 03B .0708      ADVERTISING

(a)  No advertising shall indicate in any way that a program can issue or guarantee the issuance of a commercial driver's license, or imply that the program can in any way influence the Division in the issuance of a commercial driver's license or imply that preferential or advantageous treatment from the Division can be obtained.

(b)  No advertising shall show a telephone number unless it also shows a valid address for the principal place of business for the Third Party Tester.

(c)  Third Party Tester may state in advertising that it has been approved and certified by the Division.

 

History Note:        Authority G.S. 20‑37.22;

Eff. September 1, 1990.

 

19A NCAC 03B .0709      ON‑SITE INSPECTIONS AND AUDITS

(a)  All applicants for a Third Party Tester Certificate shall permit the FHWA or the Division to inspect and audit its operations, facilities and records as they relate to its Third Party Testing program, for the purpose of determining whether the applicant is qualified to be certified.

(b)  Third Party Testers who have been certified shall permit the Division or FHWA to periodically inspect and audit its Third Party Testing program to determine whether it remains in compliance with the certification requirements.

(c)  The Division and FHWA will perform inspections and audits with or without prior notice to the Third Party Tester.

(d)  Inspections and audits will include, at a minimum, an examination of:

(1)           Records relating to Third Party Testing program;

(2)           Evidence of compliance with the FMCSR's;

(3)           Skills testing procedures practices and operations;

(4)           Vehicles used for testing;

(5)           Qualifications of Third Party Examiners;

(6)           Effectiveness of the skills test program by either testing a sample of drivers who have been issued skills test certificates by the Third Party Tester or having Division employees take the skills tests from a Third Party Examiner; and

(7)           Any other aspect of the Third Party Tester's operation that the Division determines is necessary to verify that the Third Party Tester meets the requirements for the certification.

(e)  The Division will prepare a written report of each inspection and audit report of the results of each inspection and audit.  A copy of the report will be provided to the Third Party Tester.

 

History Note:        Authority G.S. 20‑37.22;

Eff. September 1, 1990;

Amended Eff. December 1, 1993.

 

19A NCAC 03B .0710      NOTIFICATION REQUIREMENTS

(a)  Third Party Tester must:

(1)           Notify the Division in writing 30 days prior to any change in the Third Party Tester's name or address.

(2)           Notify the Division in writing within ten days of any change in:

(A)          The Third Party Examiners who are employed by the Third Party Tester; and

(B)          The driving status of any Third Party Examiner.

(3)           Notify the Division in writing within ten days of any of the following occurrences:

(A)          The Third Party Tester ceases business operations in North Carolina.

(B)          The Third Party Tester fails to comply with any of these Division requirements.

(C)          Any Third Party Examiner receives notice from the Division of their license suspension, revocation, disqualification, or cancellations or DWI conviction.

(D)          Any Third Party Examiner fails to comply with any of these Division requirements.

(4)           Be recertified if a Third Party Tester ceases operation and reopens for business.

(5)           Be reinspected prior to administering road tests if a Third Party Tester's business address changes.

(6)           Request and obtain approval from the Division of any proposed changes in the skills test route, test content, or examiner/administrative procedures.

(b)  Third Party Examiners shall notify the Division within ten days of leaving the employ of the Third Party Tester and must be recertified by the Division before testing elsewhere.

 

History Note:        Authority G.S. 20‑37.22;

Eff. September 1, 1990.

 

19A NCAC 03B .0711      EVALUATION OF APPLICANTS BY THE DIVISION

(a)  The Division will evaluate the materials submitted by the Third Party Tester applicant, and if the application materials are satisfactory, the Division may schedule an on‑site inspection and audit of the applicant's Third Party Testing Program to complete the evaluation.

(b)  The Division will evaluate the materials submitted by the Third Party Examiner applicant including the applicant's driving record, qualification questionnaire, and certificate of training.

 

History Note:        Authority G.S. 20‑37.22;

Eff. September 1, 1990.

 

19A NCAC 03B .0712      CERTIFICATION BY THE DIVISION

(a)  Upon successful application and evaluation, a Third Party Tester will be issued a certificate which must be prominently displayed at the approved testing facility giving them the authority to administer a Third Party Testing program for the classes and types of vehicles listed.

(b)  Upon successful application, evaluation and training, a Third Party Examiner will be issued a certificate which must be prominently displayed at the approved testing facility giving him/her the authority to conduct skills tests for the classes and types of commercial motor vehicles listed.

(c)  Certificates will remain valid until canceled by the Division or voluntarily relinquished by the Third Party Tester or Examiner.

 

History Note:        Authority G.S. 20‑37.22;

Eff. September 1, 1990.

 

19A NCAC 03B .0713      PROFESSIONAL CONDUCT

(a)  No examiner, employee, or agent of the Third Party Tester will be permitted to accompany any Commercial Driver License applicant into any examining office rented, leased, or owned by the Division for the purpose of taking a written or skills test driver examination given by the Division.

(b)  No examiner, employee, or agent of the Third Party Tester will be permitted to personally solicit any individual on the premises rented, leased, or owned by the Division for the purpose of enrolling that individual in any Third Party Testing program.

 

History Note:        Authority G.S. 20‑37.22;

Eff. September 1, 1990.

 

19A NCAC 03B .0714      INSURANCE REQUIREMENTS

(a)  All Third Party Testers shall maintain bodily injury and property damage liability insurance on motor vehicles used in driving tests, insuring the liability of the testing program, the Examiner and any person taking tests in the amount required by state law.

(b)  Evidence of such insurance coverage, in the form of a certificate from the insurance carrier, shall be filed by the Tester with the Division.  The certificate shall stipulate that the insurance contract carried by the Tester provides for cancellation only upon 30 days prior written notice to the Division.  The certificate shall include the make, model, year and motor or serial number of every vehicle covered by the policy.

(c)  When a vehicle is added to, exchanged or deleted from coverage under a fleet insurance plan, the Third Party Tester shall provide the Division a copy of a policy rider issued by the insurance carrier showing the addition or exchange, with complete descriptions of the vehicles involved.

(d)  If the Third Party Tester is self‑insured, an appropriate certificate shall be filed with the Division.

 

History Note:        Authority G.S. 20‑37.22;

Eff. September 1, 1990.

 

19A NCAC 03B .0715      TEST ADMINISTRATION

(a)  Skills tests shall be conducted strictly in accordance with the provisions of these requirements and with current test instructions provided by the Division.  Such instructions may include information on skills test content, route selection/revision, test forms, examiner procedures, and administrative procedures and/or changes.

(b)  Skills test shall be conducted:

(1)           On test routes approved by the Division.

(2)           In a vehicle that is representative of the class and type of vehicle for which the CDL applicant seeks to be licensed and for which the Third Party Examiner is qualified to test.

(3)           Using Division approved content, forms, and scoring procedures.

 

History Note:        Authority G.S. 20‑37.22;

Eff. September 1, 1990.

 

19A NCAC 03B .0716      DENIAL/TERMINATION OF THIRD PARTY TESTING PROGRAM/CERTIFICATION

(a)  The Division may deny any application for a Third Party Tester or Examiner's Certificate, if the applicant does not qualify for the certificate under provisions of these Rules.  Misstatements or misrepresenta­tion may be grounds for denying a certificate.

(b)  Any Third Party Tester or Examiner may relinquish certification upon 30 days notice to the Division.

(c)  The Division may revoke the certificate of a Third Party Tester or Examiner upon the following grounds:

(1)           Failure to comply with or satisfy any of the provisions of these Rules, the Division instructions or the Third Party Tester Agreement;

(2)           Falsification of any record or information relating to the Third Party Testing program;

(3)           Commission of any act which compromises the integrity of the Third Party Testing program;

(4)           For Third Party Examiner:  driver license suspension, revocation, cancellation, or disqualifications; and

(5)           For Third Party Examiner:  conviction of driving while impaired (DWI);

(6)           Possessing more than one license;

(7)           Having a physical impairment that in the judgment of the Division would impair his ability to safely operate a motor vehicle of the class required to certify others.

(d)  If the Division determines that grounds for cancellation exist for failure to comply with these Rules or the Third Party Tester Agreement, the Division may postpone cancellation and allow the Third Party Tester or Examiner 30 days to correct the deficiency.

(e)  If Third Party Examiner or Tester is alleged to be in violation of any provisions of these Rules, the Examiner or Tester:

(1)           Shall be notified by registered or certified mail;

(2)           May request a hearing.  The request must be within ten days of receipt of the registered or certified letter; and

(3)           May be represented by counsel.

(f)  Upon completion of the hearing, the Division shall notify the Third Party Tester or Examiner within ten days of its decision which may be appealed.

(g)  Recertification will be required if any Third Party Tester or Examiner, or Third Party Tester's or Examiner's certification is revoked or cancelled.

 

History Note:        Authority G.S. 20‑37.22;

Eff. September 1, 1990;

Amended Eff. December 1, 1993.

 

SECTION .0800 - GROSS VEHICLE WEIGHT RATING (GVWR)

 

19A NCAC 03B .0801      DEFINITION

The value specified by the manufacturer as the maximum loaded weight of a vehicle.  The GVWR of  a combination vehicle is the GVWR of the power unit plus the GVWR of the towed unit or units.  In  the absence of the manufacturer's GVWR label affixed to the vehicle, the registered weight or the actual  weight, whichever is greater, shall be the GVWR.

 

History Note:        Authority G.S. 20‑37.22;

Eff. July 1, 1992.

 

 

 

SUBCHAPTER 3C ‑ VEHICLE REGISTRATION SECTION

 

SECTION .0100 ‑ GENERAL INFORMATION

 

19A NCAC 03C .0101      PURPOSE

This Subchapter establishes the rules for vehicle registration, financial responsibility, license plate issuance and fees and motor vehicles operated for hire.

 

History Note:        Authority G.S. 20‑4.01 through 20‑4.12; 20‑37.6; 20‑39; 20‑42; 20‑44 through 20‑53; 20‑54 through 20‑58; 20‑58.4 through 20‑58.10; 20‑63.1; 20‑64 through 20‑79.3; 20‑80 through 20‑81; 20‑81.2 through 20‑81.7; 20‑83 through 20‑88; 20‑88.1; 20‑94; 20‑95; 20‑109.1; 20‑114; 20‑116; 20‑118; 20‑279; 20‑286; 20‑294; 20‑309 through 20‑319; 20‑347; 14‑401.4; 105‑164.3(16); 105‑164.4(1); 105‑164; 105‑314;

Eff. July 1, 1978;

Amended Eff. December 1, 1993; February 1, 1982.

 

19A NCAC 03C .0102      FORMS

The forms used by Vehicle Registration to administer the functions described in Rule .0101 of this Subchapter are available from the Vehicle Registration Section of the Division of Motor Vehicles, 1100 New Bern Avenue, Raleigh, North Carolina 27697.

 

History Note:        Authority G.S. 20‑1; 20‑39; 20‑41;

Eff. July 1, 1978;

Amended Eff. November 1, 1991; February 1, 1982.

 

19A NCAC 03C .0103      EXEMPT FROM TITLE FEES BUT SUBJECT TO REGISTRATION

19A NCAC 03C .0104      APPLICATION FOR REGISTRATION AND CERTIFICATE OF TITLE

19A NCAC 03C .0105      REQUIREMENTS FOR REGISTRATION OF NEW VEHICLE

19A NCAC 03C .0106      DEALER REGISTRATION OF NEW VEHICLE

19A NCAC 03C .0107      REGISTRATION: OUT‑OF‑STATE REGISTERED VEHICLE

19A NCAC 03C .0108      BONDS FILED WHEN PROPER PROOF OF OWNERSHIP NOT AVAILABLE

19A NCAC 03C .0109      CUSTOM BUILT MOTOR VEHICLES AND TRAILERS

19A NCAC 03C .0110      MOTOR HOMES: HOUSE CARS AND CAMPING VEHICLE

19A NCAC 03C .0111      IDENTIFICATION OF OWNER OR APPLICANT

19A NCAC 03C .0112      IDENTIFYING ADDRESS AND CHANGE OF ADDRESS

19A NCAC 03C .0113      DESCRIPTION OF VEHICLE

19A NCAC 03C .0114      LIENS (SECURITY INTERESTS AND AGREEMENTS)

19A NCAC 03C .0115      SOURCE OF PURCHASE

19A NCAC 03C .0116      CLASS OF LICENSE

19A NCAC 03C .0117      WEIGHTS: BUSES

19A NCAC 03C .0118      EMPTY WEIGHT AND MAXIMUM LOAD (GROSS WEIGHT)

19A NCAC 03C .0119      DATE FIRST OPERATED

19A NCAC 03C .0120      TITLE ONLY

19A NCAC 03C .0121      SIGNATURE

19A NCAC 03C .0122      POWERS OF ATTORNEY: GUARDIANS

19A NCAC 03C .0123      ACKNOWLEDGEMENTS

19A NCAC 03C .0124      NOTARY DUTIES: REQUIREMENTS AND ACKNOWLEDGEMENT FEES

19A NCAC 03C .0125      REGISTRATION INFORMATION AND CERTIFIED RECORD FEES

19A NCAC 03C .0126      VEHICLES LEASED

19A NCAC 03C .0127      MINORS MAY OWN VEHICLES

19A NCAC 03C .0128      REGISTRATION REFERENCE RECORDS MAINTAINED BY DIVISION

19A NCAC 03C .0129      ASSIGNMENT OF TITLE BY THE REGISTERED OWNER

19A NCAC 03C .0130      ASSIGNMENT OF TITLE BY OTHER THAN THE REGISTERED OWNER

19A NCAC 03C .0131      REASSIGNMENT OF TITLE BY DEALER AND INSURANCE COMPANY

19A NCAC 03C .0132      REFUSAL STAMP

19A NCAC 03C .0133      APPLICATION FOR DUPLICATE TITLE: FORM MVR‑4

19A NCAC 03C .0134      SUBSTITUTE OR CORRECTION OF TITLE: FORM MVR‑5

19A NCAC 03C .0135      SALVAGED VEHICLES

19A NCAC 03C .0136      PENALTY FOR FAILURE TO MAKE TRANSFER WITHIN TWENTY DAYS

19A NCAC 03C .0137      BLANK OR OPEN ASSIGNMENTS PROHIBITED

19A NCAC 03C .0138      GLIDER KIT

19A NCAC 03C .0139      AUTHORITY TO GRANT OR REFUSE APPLICATIONS

19A NCAC 03C .0140      DISPLAY OF LICENSE PLATE RENEWAL STICKERS

19A NCAC 03C .0141      REGISTRATION UNDER THE INTERNATIONAL REGISTRATION PLAN

 

History Note:        Authority G.S. 20‑1; 20‑4.01; 20‑4.1; 20‑19; 20‑39; 20‑41; 20‑42; 20‑44; 20‑50; 20‑52; 20‑52.1; 20‑53; 20‑54; 20‑56 through 20‑58; 20‑58.4; 20‑58.10; 20‑66 through 20‑70; 20‑72; 20‑74 through 20‑77; 20‑79; 20‑85; 20‑86.1; 20‑87 through 20‑88; 20‑109; 20‑109.1; 20‑116; 20‑118; 20‑279; 20‑279.24; 14‑401.4; 105‑314;

Eff. July 1, 1978;

Repealed Eff. February 1, 1982.

 

SECTION .0200 ‑ REGISTRATION

 

19A NCAC 03C .0201      FUNCTION

This section establishes the rules for vehicle registration in North Carolina.  The areas covered are:

(1)           manufacturer's certificate of origin;

(2)           registration of out‑of‑state vehicles;

(3)           custom built vehicles;

(4)           motor homes;

(5)           purchase information required for registration;

(6)           buses for hire;

(7)           date vehicle first operated in North Carolina;

(8)           application for title only;

(9)           power of attorney;

(10)         acknowledgements;

(11)         certified record fees;

(12)         registration of leased vehicle;

(13)         duplicate titles;

(14)         salvaged vehicles; and

(15)         penalty for failure to transfer registration.

 

History Note:        Authority G.S. 20‑4.01 through 20‑4.12; 20‑4.4; 20‑37.6; 20‑39; 20‑42; 20‑44; 20‑50 through 20‑53; 20‑57 through 20‑58; 20‑58.4; 20‑64 through 20‑70; 20‑72; 20‑74; 20‑75; 20‑77; 20‑79; 20‑79.1 through 20‑79.3; 20‑80 through 20‑81; 20‑81.2 through 20‑81.7; 20‑83 through 20‑88; 20‑88.1; 20‑94; 20‑95; 20‑109.1; 20‑114; 20‑116; 20‑118;; 20‑279; 20‑286; 20‑294; 20‑309 through 20‑319; 20‑347; 14‑401.4;105‑164.4(1); 105‑164; 105‑314;

Eff. July 1, 1978;

Amended Eff. December 1, 1993; March 1, 1982.

 

19A NCAC 03C .0202      TITLING AND REGISTRATION OF BRANDED VEHICLES

Upon application for title and registration of a motor vehicle as defined in G.S. 20‑4.01(33), the following rules apply:

(1)           Flood vehicles will be branded "Water/Flood Damage Vehicle" on the title and "WATR‑FLD" on the registration card.

(2)           Non‑U.S.A. vehicles may be registered with the brand "Non‑U.S.A." printed on the card, but will not be titled unless and until documentary proof is received from the applicant showing that the vehicle has been modified to meet United States safety and emission control standards.  The title will then reflect the brand "Non‑U.S.A. vehicle".

(3)           Reconstructed vehicles will be branded "RECONST" on the registration card and "Reconstructed vehicle" on the title.  The application for title must be accompanied by the Inspector's report showing the vehicle was inspected prior to being rebuilt and was reinspected when completed, and the rebuilder's affidavit detailing the repairs made including proof of ownership of the parts used.  Salvage vehicles not inspected prior to being rebuilt will be branded "Reconstructed vehicle."

(4)           Salvage vehicles will be branded "SALVAGE" on the registration card and "Salvage vehicle" on the title.  The application for title must be accompanied by the Inspector's report to show the vehicle is operable and requires no repairs.

(5)           Salvage rebuilt vehicles will be branded "SAL‑RBLT" on the registration card and "Salvage Rebuilt vehicle" on the title.  The application for title must be accompanied by the Inspector's report showing the vehicle was inspected prior to being rebuilt and reinspected when completed, and the rebuilder's affidavit detailing the repairs made including proof of ownership of the parts.  Failure to have the vehicle inspected prior to repair will result in the vehicle being branded a reconstructed vehicle.

(6)           Junk vehicles are marked "Junked" on the registration records only.  The title must be submitted indicating the vehicle is incapable of operation or use upon the highways and has no resale value except as a source of parts or scraps.

 

History Note:        Authority G.S. 20‑1; 20-4.01(33); 20‑39; 20‑71.3; 20‑109.1;

Eff. July 1, 1978;

Amended Eff. December 1, 1993; November 1, 1991; January 1, 1988.

 

19A NCAC 03C .0203      FORM FS‑1: PREPARATION

19A NCAC 03C .0204      TIME FOR SUBMISSION OF FS‑1 NOTICE

19A NCAC 03C .0205      INSURANCE REQUIREMENTS FOR DEALER AND MANUFACTURER PLATES

19A NCAC 03C .0206      INSURANCE REQUIREMENTS FOR 30‑DAY PERMITS

19A NCAC 03C .0207      ONE‑WAY TRIP PERMITS WITHOUT A LICENSE

19A NCAC 03C .0208      EMERGENCY TRANSFER OF LICENSE PROVISION

19A NCAC 03C .0209      VEHICLES OPERATED WITH 20‑DAY TEMPORARY MARKER

19A NCAC 03C .0210      TRANSPORTER PLATES

19A NCAC 03C .0211      TEN‑DAY TEMPORARY REGISTRATION PERMIT

19A NCAC 03C .0212      INSURANCE LAPSE HEARINGS

19A NCAC 03C .0213      TERMINATION OF LIABILITY INSURANCE: FORM FS‑4

19A NCAC 03C .0214      FORM FS‑4: PREPARATION

19A NCAC 03C .0215      TIME FOR SUBMISSION OF FS‑4 NOTICE

19A NCAC 03C .0216      SURRENDER OF PLATES IN ADVANCE OF INSURANCE TERMINATION

19A NCAC 03C .0217      AFFIDAVIT OF FACTS: INABILITY TO SURRENDER PLATES

19A NCAC 03C .0218      FORM FS‑19

19A NCAC 03C .0219      FAILURE TO COMPLY WITH FINANCIAL RESPONSIBILITY ACT

 

History Note:        Authority G.S. 20‑39; 20‑279; 20‑309 through 20‑319;

Eff. July 1, 1978;

Repealed Eff. February 1, 1982.

 

19A NCAC 03C .0220      MANUFACTURER'S CERTIFICATE OF ORIGIN

(a)  The term "Manufacturer's Certificate" is defined by G.S. 20‑4.01(20).  The certificate must contain the following information:

(1)           transfer date;

(2)           to whom it is issued;

(3)           the vehicle description;

(4)           manufacturer's name and address (may be preprinted); and

(5)           countersignature of agent (rubber stamped or written).

(b)  Assignment of Manufacturer's Certificate.

(1)           If purchaser is not a licensed dealer, certificate of title must be obtained prior to further transfer.

(2)           When assignment is made by manufacturer to a dealer, dealer must make re-assignment on reverse of Manufacturer's Certificate.

(3)           Assignment must agree with name on dealer's license.

(4)           Lien information must be recorded in assignment.

(5)           Assignments must be notarized.

(6)           Alterations of improper assignment will void Manufacturer's Certificate and will require the return of the certificate to the manufacturer for correction.

 

History Note:        Authority G.S. 20‑1; 20‑4.01; 20‑39; 20‑52; 20‑52.1; 20‑54; 20‑85; 20‑309;

Eff. March 1, 1982;

Amended Eff. December 1, 1993.

 

19A NCAC 03C .0221      REGISTRATION: OUT‑OF‑STATE REGISTERED VEHICLES

When application is made to register a vehicle currently registered in another state, district, or territory, the following is required:

(1)           documentary proof of ownership acceptable to the commissioner;

(2)           certification of liability insurance; and

(3)           payment of fees and highway use tax.

 

History Note:        Authority G.S. 20‑1; 20‑39; 20‑52; 20‑85; 20‑309; 105-187.6(c);

Eff. March 1, 1982;

Amended Eff. December 1, 1993.

 

19A NCAC 03C .0222      REGISTRATION: CUSTOM BUILT MOTOR VEHICLES AND TRAILERS

Registration of a custom built motor vehicle or trailer requires the following:

(1)           bills of sale for the principal parts;

(2)           cancellation of the title if the number on the motor or frame is registered in North Carolina;

(3)           form MVR‑1 indicating custom built and the date;

(4)           a notarized statement that the vehicle was built from parts described by the bills of sale; and

(5)           inspection by a motor vehicles inspector.

 

History Note:        Authority G.S. 20‑1; 20‑4.01; 20‑39; 20‑53;

Eff. March 1, 1982;

Amended Eff. December 1, 1993; August 1, 1982.

 

19A NCAC 03C .0223      REGISTRATION: MOTOR HOMES: ETC.

(a)  When a manufacturer sells a chassis to a motor home manufacturer, a Manufacturer's Certificate of Origin assigned by the manufacturer of the chassis to the manufacturer of the motor home is required.  The Manufacturer's Certificate of Origin must show the serial number of the chassis.

(b)  If an application for registration of a customized van is presented with a Manufacturer's Certificate or Origin describing the van and another certificate describing the conversion kit, then an owner's statement explaining changes is required in order to determine the trade name, body style and license classification of the van.

 

History Note:        Authority G.S. 20‑1; 20‑4.01; 20‑39; 20‑52; 20‑52.1; 20‑53;

Eff. March 1, 1982;

Amended Eff. January 1, 1994.

 

19A NCAC 03C .0224      PURCHASE INFORMATION

The following purchase information is required for the title application:

(1)           The name and address of the person or firm from whom the vehicle was acquired;

(2)           The date of purchase and whether the vehicle is new or used;

(3)           Dealer's certificate number;

(4)           Whether the vehicle was acquired for use in North Carolina;

(5)           Purchase price, verified by bill of sale on new vehicle;

(6)           State of last registration;

(7)           Odometer reading and federal odometer statement; and

(8)           Ad valorem tax certification.

 

History Note:        Authority G.S. 20‑1; 20‑39; 20‑52;

Eff. March 1, 1982;

Amended Eff. November 1, 1991.

 

19A NCAC 03C .0225      CLASS OF LICENSE PLATE

The application for a Certificate of Title is also used as an application for, or a transfer of, a license plate.  If a plate is to be procured, then the desired classification must be indicated.

 

History Note:        Authority G.S. 20‑1; 20‑39; 20‑52;

Eff. March 1, 1982.

 

19A NCAC 03C .0226      REGISTRATION: BUSES TO BE OPERATED FOR HIRE

The registration for bus to be operated for hire shall include the empty weight of the bus calculated to the nearest 100 pounds.

 

History Note:        Authority G.S. 20‑1; 20‑39; 20‑87;

Eff. March 1, 1982;

Amended Eff. December 1, 1993.

 

19A NCAC 03C .0227      DATE FIRST OPERATED

The date a vehicle is placed into operation in North Carolina must be indicated upon registration.  The applicant becomes subject to the North Carolina license fee that day unless he is a new resident operating under reciprocity.

 

History Note:        Authority G.S. 20‑1; 20‑4.01; 20‑39; 20‑52;

Eff. March 1, 1982.

 

19A NCAC 03C .0228      TITLE ONLY

To obtain a Certificate of Title without a license registration plate, the applicant must prove that a license fee or transfer is not due. (Registered dealers are exempt from this Rule.)

 

History Note:        Authority G.S. 20‑1; 20‑39; 20‑50; 20‑79;

Eff. March 1, 1982;

Amended Eff. December 1, 1993.

 

19A NCAC 03C .0229      SIGNATURE

The signature on any application for registration must be in ink and conform to the following:

(1)           The owner's full name including "junior" if applicable.

(2)           If the vehicle is jointly owned, each owner must sign.

(3)           If the owner is unable to write, or print, he must make his mark a disinterested party must write the owner's name and then sign his name as a witness to the owner's mark.

(4)           When the owner is a partnership or a corporation, the signature must show the name of the firm and be signed by an officer or partner.

(5)           A printed or typed version of the signature agreeing with the signature shall appear on each application.

 

History Note:        Authority G.S. 20‑1; 20‑39; 20‑52; 20‑57;

Eff. March 1, 1982;

Amended Eff. December 1, 1993.

 

19A NCAC 03C .0230      POWERS OF ATTORNEY: GUARDIANS

Any person holding a duly executed power of attorney or who is a legally appointed guardian may act for the owner in applying for the registration of a vehicle.

 

History Note:        Authority G.S. 20‑1; 20‑39; 20‑77;

Eff. March 1, 1982.

 

19A NCAC 03C .0231      ACKNOWLEDGEMENTS

 

History Note:        Authority G.S. 20‑1; 20‑39; 20‑42; 20‑52;

Eff. March 1, 1982;

Repealed Eff. December 1, 1993.

 

19A NCAC 03C .0232      REGISTRATION INFORMATION AND CERTIFIED RECORDS FEES

Verification of information from Division of Motor Vehicles records as to license numbers, ownership, or liability insurance requires a written request and fee of one dollar ($1.00) per record.  Certified copies of these records are provided for a fee of five dollars ($5.00) per document.

 

History Note:        Authority G.S. 20‑1; 20‑39; 20‑42;

Eff. March 1, 1982;

Amended Eff. November 1, 1991; December 1, 1984.

 

19A NCAC 03C .0233      LEASED VEHICLES

Vehicles being leased under a private lease shall be titled and licensed in the name of the lessor.  A copy of the lease agreement must be filed with the Division.

 

History Note:        Authority G.S. 20‑1; 20‑4.01; 20‑39; 20‑50;

Eff. March 1, 1982;

Amended Eff. December 1, 1993.

 

19A NCAC 03C .0234      MINORS MAY OWN VEHICLE

The statutes governing minors, and their liability or nonliability for contracts, have no direct application to the rules of the certificate of title law.

 

History Note:        Authority G.S. 20‑1; 20‑39;

Eff. March 1, 1982;

Amended Eff. December 1, 1993.

 

19A NCAC 03C .0235      APPLICATION FOR DUPLICATE TITLE

(a)  A duplicate certificate of title can be obtained if the original is lost, as provided for in G.S. 20‑68.

(b)  If a title is not received from the Division of Motor Vehicles, a duplicate must be applied for.  A lienholder applying for a duplicate title must have the owner sign the application.

(c)  When a title is lost after the release of a lien, then the lienholder's affidavit that the lien has been satisfied must accompany the owner's application for a duplicate.

(d)  A duplicate certificate of title takes precedence over the original unless a false statement made in the application invalidates the duplicate.

(e)  If the original title is lost after being endorsed, the purchaser must submit notarized affidavits tracing the chain of ownership from the registered owner to the present owner and any lien cancellations involved along with his application for a duplicate.  The application is aged 15 days before a title is issued.

(f)  If the original title is lost and the vehicle sold or traded, the owner may make application for a duplicate title and assign to the purchaser on the application.  Application is aged 15 days.

 

History Note:        Authority G.S. 20‑1; 20‑39; 20‑68;

Eff. March 1, 1982.

 

19A NCAC 03C .0236      PENALTY FOR FAILURE TO MAKE TRANSFER WITHIN 28 DAYS

The following are exempted from the requirement to make application for title within 28 days of acquiring a vehicle (G.S. 20‑73):

(1)           licensed dealers;

(2)           transfer upon inheritance;

(3)           transfer by operation of law where confirmation of the sale is required;

(4)           transfer by the court (such as bankruptcy and confiscation);

(5)           dealers or repossessors when applying for title in their name;

(6)           out of state dealers reassigning North Carolina titles to North Carolina purchasers.

 

History Note:        Authority G.S. 20‑1; 20‑39; 20‑73; 20-77;

Eff. March 1, 1982;

Amended Eff. December 1, 1993; November 1, 1991.

 

19A NCAC 03C .0237      DISPLAY OF LICENSE PLATE RENEWAL STICKER

(a)  Semi‑permanent plates issued by the Division of Motor Vehicles shall be renewed by attaching an annual validation sticker.

(b)  These plates shall expire on the last day of the month indicated by the validation sticker.  There is a 15‑day grace period following the expiration date of the sticker.  The plate cannot be transferred to another vehicle during the grace period.

(c)  Both month and year stickers shall be displayed on the plate in the correct position, upper right hand corner for year sticker and upper left hand corner for month sticker.

(d)  Only one month and one year sticker shall be displayed.

(e)  A person shall not willfully attach a validation sticker to any license plate other than the plate for which the sticker was issued.

 

History Note:        Authority G.S. 20‑39; 20‑66;

Eff. March 1, 1982;

Amended Eff. December 1, 1993.

 

19A NCAC 03C .0238      REGISTRATION RENEWAL BY MAIL

 

History Note:        Legislative Objection Lodged Eff. April 20, 1982;

Authority G.S. 20‑39; 20‑50(b)(5); 20‑63; 20‑65; 20‑66;

Eff. July 1, 1982;

Repealed Eff. July 2, 1982.

 

SECTION .0300 ‑ FINANCIAL RESPONSIBILITY

 

19A NCAC 03C .0301      ASSISTANCE TO VEHICLE OWNERS

(a)  The Division of Motor Vehicles will furnish to vehicle owners appropriate forms to facilitate compliance with Article 13, Chapter 20 of North Carolina General Statutes.

(b)  Vehicle owners may furnish required proof of financial responsibility on any reasonable document which identifies the vehicle and its owner and is sufficient for Division of Motor Vehicles verification.

 

History Note:        Authority G.S. 20‑39; 20‑279.18; 20‑279.19; 20‑279.20; 20‑279.2; 20‑279.24; 20‑279.25; 20‑309; 20‑311; 20‑313; 20‑313.1; 20‑315;

Eff. July 1, 1978;

Amended Eff. December 1, 1993; February 1, 1982.

 

19A NCAC 03C .0302      LIABILITY INSURANCE CERTIFICATION

(a)  If the financial responsibility for a vehicle is a liability insurance policy, the owner of the vehicle must certify to the existence of the policy and furnish sufficient information on forms provided by the Division of Motor Vehicles to enable verification of the policy's existence.

(b)  Certification shall be made at original registration and at such times as a motor vehicle registration transaction is made between the owner and the Division of Motor Vehicles.

 

History Note:        Authority G.S. 20‑39; 20‑279.2; 20‑279.19; 20‑279.22; 20‑309;

Eff. July 1, 1978;

Amended Eff. February 1, 1982.

 

19A NCAC 03C .0303      TERMINATION NOTICES

(a)  North Carolina Notice of Termination Form FS‑4 shall be used to notify the Commissioner of the Division of Motor Vehicles of termination of motor vehicle liability insurance.  The form shall be supplied by the insurer and must include the name and address of the insured owner; year, make, and identification number of the vehicle for which the notification is made; termination date of policy; inception date of policy; date of preparation of the FS‑4.  Notices of termination of policies covering multiple listed vehicles require a Form FS‑4.  A schedule of vehicles on same policy may be attached to an FS‑4.

(b)  Insurers shall notify the Commissioner of the North Carolina Division of Motor Vehicles immediately upon the effective date of termination, cancellation, or deletion of a motor vehicle from a motor vehicle liability insurance policy.  Notification to the Commissioner is not necessary if a vehicle is deleted from a policy and replaced with another vehicle or is insured under a fleet policy by the same insurer.  A fleet policy is defined as a policy with five or more vehicles which are not listed individually by year, make, model or identification number.

(1)           The notification of cancellation, termination, or deletion of a vehicle from a policy shall be on a form approved by the Commissioner of the North Carolina Division of Motor Vehicles.  The form shall be designated as a FS‑4 and shall reflect the following:

(A)          name and address of insured;

(B)          name of insurance company and code number;

(C)          year, make and identification number of vehicle; multiple vehicles on same policy may be attached to one FS‑4;

(D)          termination date;

(E)           inception date;

(F)           date prepared;

(G)          signature or a facsimile signature, which may be pre‑printed or stamped, of authorized representative of insurance company;

(H)          color: red;

(I)            size: 7" width x 4 1/4" height; and

(J)            must be typed or computer generated.

(2)           Insurers shall notify the Commissioner of the North Carolina Division of Motor Vehicles in the following instances:

(A)          If a termination of liability insurance (FS‑4) was issued to the North Carolina Division of Motor Vehicles and the insured was reinstated or renewed, the insurer must inform the Division with an FS‑1 certificate of insurance, provided such reinstatement or renewal has occurred without any lapse in coverage.  An agent representing an insurance company may issue the notification if authorized to do so by the company.

(B)          An agent representing an insurance company may issue notification if authorized to do so by the company.  FS‑1's shall be issued upon request from the insured, Division of Motor Vehicles, or to reinstate with no lapse in coverage.

(C)          When an insurance company terminates a policy and issues another policy, without a lapse, no FS‑4 is necessary.  The insurance company shall issue a FS‑1 showing continuous coverage.

(3)           The certificate of insurance notice shall be on a form approved by the Commissioner of the North Carolina Division of Motor Vehicles.  The form shall be designated as a FS‑1 and shall reflect the following:

(A)          name and address of insured;

(B)          name of insurance company and code number;

(C)          year, make and identification number of vehicle; multiple vehicles on same policy may be attached to a FS‑1;

(D)          policy number;

(E)           policy effective date;

(F)           date prepared;

(G)          signature or facsimile signature of authorized representative; may be pre‑printed or stamped;

(H)          color: purple/red;

(I)            size: 7" width x 4 1/4" height; and

(J)            must be typed or computer generated.

(4)           Insurers may arrange with the Division of Motor Vehicles for notices to be submitted through exchange of electronic data media.  If this procedure of reporting is selected, Division of Motor Vehicles will not have available a hard copy of submitted notices.

 

History Note:        Authority G.S. 20‑39; 20‑279.2; 20‑279.22; 20‑279.29; 20‑309; 20‑316; 20‑316.1;

Eff. July 1, 1978;

Amended Eff. December 1, 1993; November 1, 1991; October 1, 1984; February 1, 1982.

 

19A NCAC 03C .0304      VERIFICATION OF CERTIFICATION

(a)  Insurance Certification forms requesting verification shall be addressed to insurers by the Division of Motor Vehicles.

(b)  Insurers shall respond to requests for certification within 15 days after receipt by the insurer.

(c)  The form completed by the Division of Motor Vehicles must contain:

(1)           vehicle owner's name and address;

(2)           vehicle make, model and vehicle identification number;

(3)           date certification was made by the registrant; and

(4)           date certification request was prepared by the Division of Motor Vehicles.

(d)  Data to be furnished by the insurer must include at least one of the following:

(1)           the vehicle is currently insured against liability;

(2)           the vehicle is not currently insured, but was insured at the time of certification; or

(3)           no record of any liability insurance is available for the vehicle described.

 

History Note:        Authority G.S. 20‑39; 20‑279.2; 20‑316.1;

Eff. July 1, 1978;

Amended Eff. December 1, 1993; November 1, 1991; February 1, 1982.

 

19A NCAC 03C .0305      INSURANCE LAPSE HEARINGS

(a)  Any person who has received a notice of license plate revocation because of lack of continuous liability insurance coverage may request a hearing.  Requests for a hearing or appeal are also accepted prior to receipt of the revocation order.  For example, a hearing may be requested after receiving notice from the Division of Motor Vehicles that a termination notice has been received from an insurer.

(b)  If the hearings officer establishes that liability coverage has been continuous, or that any lapse in coverage is not reasonably attributable to fault or neglect on the part of the insured, he will rescind the Division's order of revocation.

(c)  A hearing request may be made by writing the Insurance Hearings Officer, Vehicle Services Registration Section, Division of Motor Vehicles, Raleigh, North Carolina  27697.

(d)  No hearing will be granted unless the owner, at the time of request, has financial responsibility for the vehicle as required by statute.

 

History Note:        Authority G.S. 20‑39; 20-270.2; 20-316; 20‑792.2;

Eff. July 1, 1978;

Amended Eff. December 1, 1993; February 1, 1982.

 

19A NCAC 03C .0306      THIRTY‑DAY PERMIT FOR NONRESIDENTS

19A NCAC 03C .0307      LICENSE PERIOD

19A NCAC 03C .0308      PRORATION OF FEES

19A NCAC 03C .0309      PARTIAL PAYMENTS

19A NCAC 03C .0310      SURRENDER OF PLATES FOR REFUNDS

19A NCAC 03C .0311      USE TAX

19A NCAC 03C .0312      FEE FOR DRIVER EDUCATION (NOT SUBJECT TO PRORATION)

19A NCAC 03C .0313      FEE FOR PRIVATE PASSENGER LICENSE

19A NCAC 03C .0314      FREE LICENSE FOR DISABLED VETERANS

19A NCAC 03C .0315      PRISONER OF WAR

19A NCAC 03C .0316      HISTORIC VEHICLES

19A NCAC 03C .0317      AMATEUR RADIO: CLASS D CITIZENS RADIO

19A NCAC 03C .0318      CIVIL AIR PATROL: ADDITIONAL PLUS PRIVATE PASSENGER FEES

19A NCAC 03C .0319      OFFICIAL AND NATIONAL GUARD

19A NCAC 03C .0320      MOTORCYCLES: MOTOR SCOOTERS: MOTORBIKES

19A NCAC 03C .0321      VEHICLES OWNED BY STATE: MUNICIPALITIES AND ORPHANAGES

19A NCAC 03C .0322      STATE OWNED VEHICLES

19A NCAC 03C .0323      HANDICAPPED

19A NCAC 03C .0324      VEHICLE USED FOR PASSENGER AND PROPERTY CARRYING

19A NCAC 03C .0325      TRAILERS

19A NCAC 03C .0326      SELF‑PROPELLED VEHICLES USED FOR CAMPING

19A NCAC 03C .0327      TRUCKS AND TRUCK‑TRACTORS (PRIVATE PROPERTY CARRYING)

19A NCAC 03C .0328      FARM TRUCKS

19A NCAC 03C .0329      SPECIAL MOBILE EQUIPMENT

19A NCAC 03C .0330      TEN‑DAY TEMPORARY REGISTRATION PLATE

19A NCAC 03C .0331      PERSONALIZED PLATES

19A NCAC 03C .0332      APPLICATION FOR REPLACEMENT LICENSE OR VALIDATION STICKER

19A NCAC 03C .0333      LICENSE PLATE TRANSFER

19A NCAC 03C .0334      SPECIAL PERMIT FOR EMERGENCY TRANSFER OF LICENSE

19A NCAC 03C .0335      PLATE CLASSIFICATION EXCHANGES: PRIVATE AND FOR‑HIRE

19A NCAC 03C .0336      PLATE CLASSIFICATION: EXCHANGES AND CREDITS ALLOWED

19A NCAC 03C .0337      REGISTRATION CERTIFICATE

19A NCAC 03C .0338      REGISTRATION CERTIFICATES LOST: MULTIPLE

19A NCAC 03C .0339      RECORDS TO BE MAINTAINED

19A NCAC 03C .0340      LENGTH OF TIME RECORDS TO BE MAINTAINED

19A NCAC 03C .0341      REGISTRATION FOR REPORTING SALES TAX

19A NCAC 03C .0342      SALES TAX EXEMPTIONS

19A NCAC 03C .0343      USE OF DEALER AND MANUFACTURER PLATES

19A NCAC 03C .0344      ILLEGAL USE OF DEALER PLATES

19A NCAC 03C .0345      DEALER PLATES LOST OR STOLEN

19A NCAC 03C .0346      DEALER REGISTRATION CARD TO BE CARRIED

19A NCAC 03C .0347      DEALERS WITH DEALER PLATES PERMITTED TO MAKE ASSIGNMENTS

19A NCAC 03C .0348      CHANGING NAME: DISCONTINUING OF BUSINESS TRANSFER

19A NCAC 03C .0349      PURCHASE OF OUT‑OF‑STATE VEHICLES: REMOVAL OF PLATES

19A NCAC 03C .0350      TWENTY‑DAY MARKERS BY PURCHASERS IN LIEU OF DEALERS PLATES

19A NCAC 03C .0351      CONDITIONS TEMPORARY MARKER ISSUED BY DEALER

19A NCAC 03C .0352      ISSUANCE OF TEMPORARY MARKERS

19A NCAC 03C .0353      ISSUANCE OF 20‑DAY PERMITS: MAINTENANCE OF RECORDS: NOTICE

19A NCAC 03C .0354      DEALER'S DELIVERY OF PURCHASER'S APPLICATION: REGISTRATION

19A NCAC 03C .0355      ONLY ONE 20‑DAY MARKER MAY BE ISSUED

19A NCAC 03C .0356      EXPIRATION OF TEMPORARY MARKER

19A NCAC 03C .0357      DEALER'S RIGHT TO ISSUE TEMPORARY MARKERS MAY BE SUSPENDED

19A NCAC 03C .0358      REFUND OF FEES PAID FOR TEMPORARY MARKER

19A NCAC 03C .0359      TRANSPORTER'S REGISTRATION

19A NCAC 03C .0360      DRIVEAWAY REGISTRATION: FORM MVR‑16

19A NCAC 03C .0361      SCHEDULE OF WEIGHTS AND RATES

19A NCAC 03C .0362      NORTH CAROLINA SCHEDULE OF WEIGHTS AND RATES: FARM TRUCKS

19A NCAC 03C .0363      PRIVATE PASSENGER VEHICLE FEES

19A NCAC 03C .0364      TRAILER: WRECKER AND SPECIAL MOBILE EQUIPMENT FEES

19A NCAC 03C .0365      PRORATED LICENSE FEES FOR FOR‑HIRE PASSENGER VEHICLE

19A NCAC 03C .0366      FEES FOR TITLE AND GENERAL REGISTRATION OF MOTOR VEHICLES

 

History Note:        Authority G.S. 20‑4.01; 20‑37; 20‑39; 20‑42; 20‑50; 20‑57; 20‑63 through 20‑66;

20‑68; 20‑75; 20‑78 to 20‑79; 20‑79.1; 20‑80; 20‑81; 20‑81.4; 20‑83 through 20‑85; 20‑87;

20‑88; 20‑88.1 through 20‑88.6; 20‑94 through 20‑95; 20‑118; 20‑309; 105‑164.4; 105‑164.6;

Eff. July 1, 1978;

Repealed Eff. February 1, 1982.

 

SECTION .0400 ‑ MOTOR VEHICLES OPERATED FOR‑HIRE

 

19A NCAC 03C .0401      GENERAL INFORMATION

 

History Note:        Authority G.S. 20‑4.01; 20‑4.12; 20‑4.01(27); 20‑4.01(31); 20‑4.01(50); 20‑37.6; 20‑39; 20‑50; 20‑57; 20‑64; 20‑64(f); 20‑64.2; 20‑65; 20‑66; 20‑68; 20‑75; 20‑79; 20‑79.1 through 20‑79.3; 20‑80; 20‑81; 20‑81.2 through 20‑81.7; 20‑83; 20‑84; 20‑87; 20‑87(6); 20‑87(7); 20‑87(8); 20‑87(10); 20‑87.5; 20‑87.9; 20‑88; 20‑88(b)(1),(2); 20‑88(6); 20‑88.1; 20‑94; 20‑95; 20‑116; 20‑118; 20‑286; 20‑294; 20‑309; 105‑164; 105‑164.3(16); 105‑164.4(1); 105‑314;

Eff. July 1, 1978;

Amended Eff. March 1, 1982;

Repealed Eff. December 1, 1993.

 

19A NCAC 03C .0402      LICENSE PERIOD FOR TRAILER PLATE

G.S. 20‑66 establishes the expiration date for both annual and staggered registration plates.  Under an agreement with the Division, 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, approved by the commissioner, 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.

Copies of the trailer registration plate agreement are available from the Vehicle Services Section, Division of Motor Vehicles, 1100 New Bern Avenue, Raleigh, North Carolina  27697.

 

History Note:        Authority G.S. 20‑39; 20‑63; 20‑87(9); 20‑88;

Eff. July 1, 1978;

Amended Eff. February 1, 1982.

 

19A NCAC 03C .0403      VAN POOL LICENSE PLATE

Residents of North Carolina engaged in van pooling where the costs of operation are shared by the passengers may apply for a special van pool license plate.  If the vehicle ceases to be operated in a van pool, the plate must be exchanged for one of the proper classification.  The application form required for this plate is available from the Vehicle Registration Section of the Division of Motor Vehicles.

 

History Note:        Authority G.S. 20‑39; 20‑87; 20‑88.1;

Eff. July 1, 1978;

Amended Eff. October 1, 1984; February 1, 1982.

 

19A NCAC 03C .0404      ORIGINAL REGISTRATION: STAGGERED REGISTRATION SYSTEM

(a)  Owners of vehicles in the staggered registration system, at the time of original registration of a newly acquired vehicle for which there is no plate to transfer, may register their vehicle to expire in the same month as other vehicles registered in their name.  The owner must furnish a statement, upon request, showing the expiration month of his other registered vehicle(s).

(b)  Registrants with no vehicles currently in the staggered system will be registered to expire at the discretion of the Division.

 

History Note:        Authority G.S. 20‑39; 20‑50; 20‑66;

Eff. July 1, 1978;

Amended Eff. February 1, 1982.

 

19A NCAC 03C .0405      U‑DRIVE‑IT VEHICLES

19A NCAC 03C .0406      FOR‑HIRE PASSENGER VEHICLES

19A NCAC 03C .0407      FOR       ‑HIRE BUS

19A NCAC 03C .0408      CONTRACT CARRIERS OF PROPERTY

19A NCAC 03C .0409      EXEMPT PROPERTY CARRIERS

19A NCAC 03C .0410      USE OF FOR‑HIRE PLATES ON LEASED VEHICLES

19A NCAC 03C .0411      COMMON CARRIERS OF PASSENGERS AND PROPERTY

19A NCAC 03C .0412      PENALTY: FOR‑HIRE OPERATION WITHOUT PROPER PLATES

19A NCAC 03C .0413      COLLECTION OF FOR‑HIRE LICENSE FEES BY LICENSE AND THEFT

 

History Note:        Authority G.S. 20‑4.01; 20‑39; 20‑42; 20‑44; 20‑50; 20‑54; 20‑86; 20‑87; 20‑87.1;

20‑88; 20‑261; 62‑3; 62‑6 through 62‑9; 62‑30; 62‑112; 62‑259; 62‑260;

Eff. July 1, 1978;

Repealed Eff. February 1, 1982.

 

19A NCAC 03C .0414      APPLICATION FOR LICENSE

The application for a North Carolina title is a joint application for title and license.  License fees are collected at the time of first registration.  North Carolina residents may not obtain a license plate in North Carolina without first making application for a North Carolina Certificate of Title.  The Division, at its discretion, may license vehicles owned by nonresidents (and operated interstate or within the state for short periods) without issuing a Certificate of Title.

 

History Note:        Authority G.S. 20‑39; 20‑50; 20‑66; 20‑79; 20‑81.7; 20‑83; 20‑86.1;

Eff. March 1, 1982.

 

19A NCAC 03C .0415      LICENSE PERIOD

19A NCAC 03C .0416      SURRENDER OF PLATES FOR REFUNDS

 

History Note:        Authority G.S. 20‑39; 20‑63; 20-64; 20‑66; 20‑88;

Eff. March 1, 1982;

Repealed Eff. December 1, 1993.

 

19A NCAC 03C .0417      SALES TAX

 

History Note:        Authority G.S. 20‑39; 105‑164.4; 105‑164.6;

Eff. March 1, 1982;

Amended Eff. October 1, 1984;

Repealed Eff. November 1, 1991.

 

19A NCAC 03C .0418      FEE FOR DRIVER EDUCATION

 

History Note:        Authority G.S. 20‑39; 20‑88.1;

Eff. March 1, 1982;

Repealed Eff. December 1, 1984.

 

19A NCAC 03C .0419      GOLF CARTS

A golf cart is not classified as a motorcycle,  It must be licensed, when used on the highway, as a regular passenger‑carrying vehicle.  The fee for registration is the same as that for an automobile.

 

History Note:        Authority G.S. 20‑4.01; 20‑39; 20‑87; 20‑88.1;

Eff. March 1, 1982.

 

19A NCAC 03C .0420      HANDICAPPED PLACARD

Handicapped persons who do not own an automobile may be issued distinguishing placards for a fee of five dollars ($5.00).  If the handicapped placard is lost or stolen, the fee for replacement is five dollars ($5.00).

 

History Note:        Authority G.S. 20‑37.6(c);

Eff. March 1, 1982;

Amended Eff. December 1, 1994; December 1, 1993.

 

19A NCAC 03C .0421      VEHICLES USED FOR PASSENGER AND PROPERTY CARRYING

The property carrying registration fee applies to the following vehicles when they are used commercially, on a regular basis, to transport property:

(1)           vehicles designed by the manufacturer as utility sedans, couriers, coupe‑pickups, sedan delivery and handyman;

(2)           Station wagons and suburbans with the seat removed;

(3)           regular passenger cars with interiors so constructed or altered as to permit the transportation of property.

 

History Note:        Authority G.S. 20‑39; 20‑87; 20‑88;

Eff. March 1, 1982.

 

19A NCAC 03C .0422      TRAILERS

The same fee applies to trailers of all types regardless of whether the operation is private or for hire with the exception of mobile homes.

 

History Note:        Authority G.S. 20‑39; 20‑87(9); 20‑88(c);

Eff. March 1, 1982.

 

19A NCAC 03C .0423      SELF‑PROPELLED CAMPING VEHICLES

Self‑propelled vehicles equipped with permanent living and sleeping facilities and used for camping are classed as private passenger vehicles.

 

History Note:        Authority G.S. 20‑39; 20‑87(5);

Eff. March 1, 1982.

 

19A NCAC 03C .0424      TRUCKS AND TRUCK‑TRACTORS (PRIVATE PROPERTY CARRYING)

(a)  Weight declaration to cover combined gross weight of self-propelled property-carrying vehicles and their load shall be made when license is purchased.  If the need arises, licensed weight can be increased or decreased.

(b)  Vehicles of the wrecker type that are used to transport property as well as to move disabled vehicles, or used to move vehicles that are not disabled, are classed as trucks and are licensed as property carrying vehicles.

 

History Note:        Authority G.S. 20‑39; 20‑79; 20‑84; 20‑88; 20‑118;

Eff. March 1, 1982;

Amended Eff. December 1, 1993.

 

19A NCAC 03C .0425      SPECIAL MOBILE EQUIPMENT

The special mobile equipment license application must accompany each application for title.  If the vehicle is from a state having no registration requirements, bills of sale from at least the last two owners are required.

 

History Note:        Authority G.S. 20‑39; 20‑87(10); 20‑88;

Eff. March 1, 1982.

 

19A NCAC 03C .0426      TEN DAY TEMPORARY REGISTRATION PLATE

When a temporary registration is issued on a property carrying vehicle, the registration is valid only for the empty weight of the vehicle.  If the vehicle is found to be carrying property, the regular license fee is to be assessed.

 

History Note:        Authority G.S. 20‑39; 20‑50;

Eff. March 1, 1982.

 

19A NCAC 03C .0427      PERSONALIZED PLATES

The following rules are in addition to the law as set forth in G.S. 20‑79.7:

(1)           Personalized plates will transfer from one vehicle to another if the vehicles have the same owner.

(2)           The twenty dollars ($20.00) paid for a special plate cannot be refunded after the order for the plate's manufacture has been given.

 

History Note:        Authority G.S. 20‑39; 20‑79.7 (recodified);

Eff. March 1, 1982;

Amended Eff. December 1, 1993; November 1, 1991.

 

19A NCAC 03C .0428      APPLICATION FOR REPLACEMENT LICENSE OR VALIDATION STICKERS

To be issued a replacement license plate or validation stickers, the owner must certify that he has liability insurance.

 

History Note:        Authority G.S. 20‑39; 20‑64; 20‑66; 20‑68;

Eff. March 1, 1982.

 

19A NCAC 03C .0429      LICENSE PLATE TRANSFER

(a)  The procedure for transferring a plate when disposition of the vehicle is other than by sale or transfer of interest is as follows:

(1)           When the vehicle is dismantled and junked (title marked junked), the owner may, if insurance is in effect, make application to transfer the plate to another vehicle.  The plate may be used, on a vehicle of the same category, for 20 days while in the process of having the transfer recorded.

(2)           When the vehicle is parked, to be sold or for later use, or to be changed from a private to a for hire operation, the plate may be transferred to another vehicle of like category provided the owner gets a new registration certificate before operating the vehicle.  The 20‑day transfer period is not allowed in this case.

(b)  Corporate, partnership or proprietorship name changes do not constitute a change in ownership for purposes of registration with the Division.  G.S. 20‑64 defines the law in this area.  Conditions that do affect the transfer of license plates are:

(1)           The plate does not remain with the vehicle when ownership passes from a subsidiary corporation to the parent corporation.

(2)           A plate may not be transferred from one existing corporation to another existing corporation.

(3)           A plate issued to a corporation may pass to a stockholder if the corporation is dissolved.

(4)           A plate issued in the trade name of a proprietor may not be transferred to a vehicle registered in the proprietor's personal name.  Registration may be made however in the personal name and trade name, i.e., John Thomas Jones (T/A) Thomas Car Works.

(5)           If an unincorporated proprietor or unincorporated partnership transfers his interest in a vehicle to a corporation on which he is a stockholder, the plate may not be transferred.

(6)           When the registered owner dies, transfer of interest in the vehicle to anyone other than the surviving spouse requires the issuance of a new plate.

(c)  Transfer of plates, annual or semi‑permanent, is not allowed during the grace period following the expiration date of the plate.  If a plate has expired, it may be validated and then assigned to another vehicle.

(d)  Division automobile inspectors and weigh station personnel may accept applications and render receipts for transfer of common carrier license plates in addition to other classifications of plates.

(e)  Intrastate common carriers operating under the authority of the North Carolina Utilities Commission, must present a copy of their equipment list, as filed with the commissioner, to the officer accepting the application for transfer of plates.

 

History Note:        Authority G.S. 20‑39; 20‑42; 20‑64 through 20‑66;

Eff. March 1, 1982;

Amended Eff. December 1, 1993.

 

19A NCAC 03C .0430      PLATE CLASSIFICATION: EXCHANGES AND CREDITS

When plates are exchanged, fees due and credits allowed are as follows:

(1)           The full amount of the special mobile equipment fee, four dollars ($4.00) is always allowed as a credit.

(2)           When an annual plate is exchanged for an annual plate, fees and credits are based on a quarter year prorate basis.

(3)           When an annual plate is exchanged for a staggered series plate, fees and credits are based on a monthly prorate basis.  Fees are due for a full 12 months.

(4)           When a staggered series plate is exchanged for an annual plate, credit is prorated monthly and fees are collected on a quarter year basis.

(5)           When a staggered plate is exchanged for a staggered plate, credit allowed and fees due are prorated monthly.

 

History Note:        Authority G.S. 20‑39; 20‑64;

Eff. March 1, 1982;

Amended Eff. December 1, 1994.

 

19A NCAC 03C .0431      PURCHASE OF OUT‑OF‑STATE VEHICLES: REMOVAL OF PLATES

The use of out‑of‑state license plates by residents of North Carolina is not permitted.  This applies to dealers in the same manner as it applies to consumer owners.

 

History Note:        Authority G.S. 20‑39; 20‑50;

Eff. March 1, 1982.

 

19A NCAC 03C .0432      TRANSPORTER'S REGISTRATION

(a)  Application for transporter registration must be accompanied by a North Carolina Certificate of Insurance.  (The insurance must be in effect for the benefit of the applicant, either a comprehensive automobile policy or a repossessed car policy.)

(b)  Transporter plates may be used only for limited operation of vehicles in connection with the manufacture, construction or rebuilding of trucks, cabs or bodies, the foreclosure or repossession of vehicles owned or controlled by the registrant, the movement of replaced vehicles for sale by a public utility, the towing of mobile homes with properly licensed vehicles and to a person engaged in business which owns and operates a fleet of five or more trucks licensed for 15,000 gross or more and maintains own repair facilities.

 

History Note:        Authority G.S. 20‑39; 20‑79.2; 20‑87(8);

Eff. March 1, 1982;

Amended Eff. October 1, 1984.

 

19A NCAC 03C .0433      DRIVEAWAY REGISTRATION

Driveaway plates shall not be issued unless there is in effect, for the benefit of the driveaway company, an insurance policy which would cover any new vehicle being operated by the company.

 

History Note:        Authority G.S. 20‑39; 20‑87(8);

Eff. March 1, 1982.

 

19A NCAC 03C .0434      VAN POOL LICENSE PLATE REGISTRATION

 

History Note:        Authority G.S. 20‑39; 20‑87;

Eff. March 1, 1982;

Repealed Eff. August 1, 1982.

 

19A NCAC 03C .0435      MILITARY RESERVE PLATES

Members of the reserve components of the Armed Forces of the United States, may apply for a special plate bearing the insignia of the appropriate branch of service upon satisfactory proof of eligibility.  The fee will be ten dollars ($10.00), in addition to appropriate license fee.  Plates can be issued only for private passenger vehicles and private trucks with a gross weight of not more than 4,000 pounds.

 

History Note:        Authority G.S. 20‑39; 20‑79.4(16);

Eff. December 1, 1984.

 

19A NCAC 03C .0436      HIGHWAY USE TAX

Used vehicles are taxed by the schedule of values published by Tax Equity Consultants, Inc., P.O. Box 4388, Cary, North Carolina 27519-4388, including all subsequent editions and amendments.  A copy of their publication may be obtained at a price of forty dollars ($40.00).

 

History Note:        Authority G.S. 20-39; 105‑187.3;

Eff. November 1, 1991;

Amended Eff. January 1, 1994.

 

SECTION .0500 ‑ MOTOR VEHICLES OPERATED FOR HIRE

 

19A NCAC 03C .0501      FOR HIRE OPERATIONS

The Division of Motor Vehicles shall determine if a carrier requires a for hire license and if the carrier is regulated by the city boards, the North Carolina Utilities Commission, or the Interstate Commerce Commission.  Carriers subject to a regulatory agency may not obtain a license until the agency requirements have been met.

 

History Note:        Authority G.S. 20‑4.01; 20‑39; 20‑44; 20‑50; 20‑86; 20‑87; 20‑88; 20‑88.1;

Eff. July 1, 1978;

Amended Eff. March 1, 1982.

 

19A NCAC 03C .0502      DEFINITIONS

19A NCAC 03C .0503      APPLICATION FOR APPORTIONED REGISTRATION

19A NCAC 03C .0504      PAYMENT FOR AN ISSUANCE OF BASE PLATES AND CAB CARDS

19A NCAC 03C .0505      REGISTRATION OF OWNER‑OPERATED VEHICLES

19A NCAC 03C .0506      RENTAL MOTOR VEHICLES: INTERNATIONAL REGISTRATION PLAN

19A NCAC 03C .0507      CHANGES TO APPORTIONALLY REGISTERED FLEET

19A NCAC 03C .0508      STARTING A NEW OPERATION

19A NCAC 03C .0509      TRIP LEASING

19A NCAC 03C .0510      OPTIONAL BASE JURISDICTION

19A NCAC 03C .0511      PROCEDURES: PROPORTIONAL REGISTRATION FEE AMOUNTS

19A NCAC 03C .0512      REFUNDS

19A NCAC 03C .0513      APPORTIONABLE VEHICLE TRIP PERMITS: BUFFER ZONE

19A NCAC 03C .0514      APPREHENSION: APPORTIONED VEHICLES: UNAUTHORIZED OPERATION

19A NCAC 03C .0515      APPREHENSION: APPORTIONED VEHICLES: EXCESS WEIGHT

19A NCAC 03C .0516      N.C. EXCEPTION TO INTERNATIONAL REGISTRATION PLAN

19A NCAC 03C .0517      MAINTENANCE AND PRESERVATION OF RECORDS

19A NCAC 03C .0518      AUDITS AND PENALTIES

19A NCAC 03C .0519      LOCATIONS FOR SERVICE

 

History Note:        Authority 20‑86.1; 20‑94;

Eff. July 1, 1978;

Repealed Eff. February 1, 1982.

 

19A NCAC 03C .0520      FOR HIRE OPERATIONS DEFINED

A for hire operation is defined as:

(1)           The use of motor vehicles to transport passengers, or the property of another, for which the owner receives compensation or the equivalent either directly or indirectly;

(2)           The rental of passenger vehicles to be operated by the lessee for which the owner receives compensation or the equivalent either directly or indirectly; or

(3)           The transportation of house trailers for compensation.

 

History Note:        Authority G.S. 20‑4.01; 20‑39; 62‑3; 62‑276;

Eff. March 1, 1982;

Amended Eff. December 1, 1993.

 

19A NCAC 03C .0521      TAXICAB

Taxis operating more than five miles outside an incorporated city or town must certify that they are outside the corporate limits and are exempt from local requirements.

 

History Note:        Authority G.S. 20‑4.01; 20‑39; 20‑86; 20‑87;

Eff. March 1, 1982;

Amended Eff. December 1, 1993.

 

SECTION .0600 ‑ INTERNATIONAL REGISTRATION PLAN

 

19A NCAC 03C .0601      GENERAL INFORMATION

 

History Note:        Authority G.S. 20‑86.1; 20‑91;

Eff. March 1, 1982;

Repealed Eff. November 1, 1991.

 

19A NCAC 03C .0602      OBTAINING I.R.P. MANUAL AND SCHEDULE FORMS

 

History Note:        Authority G.S. 20‑86.1; 20‑91;

Eff. February 1, 1982;

Repealed Eff. November 1, 1991.

 

19A NCAC 03C .0603      REGISTRATION UNDER THE INTERNATIONAL REGISTRATION PLAN

 

History Note:        Authority G.S. 20‑86.1; 20‑91;

Eff. March 1, 1982;

Repealed Eff. November 1, 1991.

 

 

 

SUBCHAPTER 3D ‑ ENFORCEMENT SECTION

 

SECTION .0100 ‑ GENERAL INFORMATION

 

19A NCAC 03D .0101      PURPOSE

This Subchapter establishes rules for and provides information on the following:

(1)           motor vehicle dealer sales, distributor and factory representative license;

(2)           motor vehicle thefts;

(3)           mechanics and storage lien;

(4)           notice of sale;

(5)           safety inspection of motor vehicles;

(6)           licensing of safety inspection stations;

(7)           enforcement of weight regulations; and

(8)           approval of motor vehicle safety equipment.

 

History Note:        Authority G.S. 20‑1; 20‑39; 20‑45; 20‑49 through 20‑50; 20‑52.1; 20‑57; 20‑64(a); 20‑68; 20‑72 through 20‑79.1; 20‑82 through 20‑83; 20‑84.2; 20‑85 through 20‑86; 20‑86.1; 20‑87 through 20‑88; 20‑88.1; 20‑91.1; 20‑96; 20‑99; 20‑103 through 20‑104; 20‑114; 20‑116; 20‑117.1; 20‑118; 20‑118.1; 20‑122 through 20‑135.3; 20‑183.2 through 20‑183.12; 20‑308; 20‑347; 44A‑1 through 44A‑4; 54‑4; 55‑131; 66‑68; 105‑449.52; 153‑9; 160A‑303;

Eff. July 1, 1978;

Amended Eff. January 1, 1994; October 1, 1991; February 1, 1982.

 

19A NCAC 03D .0102      FORMS AND PUBLICATIONS

All forms and publications pertaining to this Subchapter are on file in the Office of the Commissioner of Motor Vehicles and are available for inspection during normal working hours.

 

History Note:        Authority G.S. 20‑1;

Eff. July 1, 1978;

Amended Eff. January 1, 1994; February 1, 1982; April 11, 1980.

 

19A NCAC 03D .0103      LICENSE FEES

19A NCAC 03D .0104      DESCRIPTION OF LICENSE

19A NCAC 03D .0105      CHANGE OF EMPLOYMENT

19A NCAC 03D .0106      RECORDS

19A NCAC 03D .0107      HEARINGS PURSUANT TO ARTICLE 12

19A NCAC 03D .0108      RULES AND REGULATIONS

19A NCAC 03D .0109      FORMS

 

History Note:        Authority G.S.20‑1; 20‑52.1; 20‑75; 20‑79(a),(b); 20‑82; 20‑286(6),(15); 20‑289;

20‑290(a); 20‑291; 20‑302; 20‑303; 20‑347; 143‑350(g);

Eff. July 1, 1978;

Amended Eff. April 11, 1980;

Repealed Eff. February 1, 1982.

 

SECTION .0200 ‑ MOTOR VEHICLE DEALER, SALES, DISTRIBUTOR AND FACTORY REPRESENTATIVE LICENSE

 

19A NCAC 03D .0201      REQUIREMENT FOR LICENSE

 

History Note:        Authority G.S. 20‑1; 20‑52.1; 20‑75; 20‑79; 20‑82; 20‑286(6) and (15); 20‑287; 20‑288; 20‑290(a); 20‑291; 20‑294 through 20‑296; 20‑301 through 20‑305; 20‑305.1 through 20‑305.3; 54‑4; 55‑131; 66‑68; 143B‑350(g);

Eff. July 1, 1978;

Amended Eff. March 1, 1982; April 11, 1980;

Repealed Eff. June 1, 1988.

 

19A NCAC 03D .0202      DEALER AND MANUFACTURERS' PLATES AND TEMPORARY MARKERS

 

History Note:        Authority G.S. 20‑1; 20‑39; 20‑57; 20‑68; 20‑79; 20‑79.1;

Eff. July 1, 1978;

Amended Eff. April 11, 1980;

Repealed Eff. March 1, 1982.

 

19A NCAC 03D .0203      LICENSE FEES

19A NCAC 03D .0204      DESCRIPTION OF LICENSE

19A NCAC 03D .0205      CHANGE OF EMPLOYMENT

19A NCAC 03D .0206      RECORDS

19A NCAC 03D .0207      HEARINGS PURSUANT TO ARTICLE 12

19A NCAC 03D .0208      ILLEGAL USE OF DEALER PLATES

19A NCAC 03D .0209      DEALER PLATES LOST OR STOLEN

19A NCAC 03D .0210      CONDITIONS FOR ISSUING TEMPORARY MARKERS BY A DEALER

19A NCAC 03D .0211      ISSUANCE OF TEMPORARY MARKER RECEIPTS

19A NCAC 03D .0212      DEALER'S DELIVERY OF PURCHASER'S APPLICATION REGISTRATION

 

History Note:        Authority G.S. 20‑1; 20‑39; 20‑52.1; 20‑68; 20‑68(a); 20‑75; 20‑79; 20‑79(a)(b); 20‑79.1; 20‑82; 20‑85(5); 20‑87(7); 20‑286(6)(15); 20‑289; 20‑290(a); 20‑291; 20‑294 through 20‑296; 20‑297; 20‑301 through 20‑305; 20‑305.1 through 20‑305.3; 20‑347;

Eff. March 1, 1982;

Amended Eff. August 1, 1984;

Repealed Eff. June 1, 1988.

 

19A NCAC 03D .0213      RENEWAL OF DEALER PLATES

 

History Note:        Authority G.S. 20‑39; 20‑66; 20‑79;

Eff. August 1, 1982;

Repealed Eff. June 1, 1988.

 

19A NCAC 03D .0214      CORP. SURETY BONDS: MOBILE/MANUFACTURED HOME DEALERS

 

History Note:        Authority G.S. 20‑39; 20‑288(e);

Eff. December 1, 1982;

Repealed Eff. June 1, 1988.

 

19A NCAC 03D .0215      ELIGIBILITY FOR LICENSING

Any person, firm or corporation who upon proper application meets the qualifications and requirements set out in Article 12 of Chapter 20 of the North Carolina General Statutes, G.S. 20-79 and rules contained in Title 19A, Subchapter 3D, Section .0200 shall be eligible for issuance of a dealer license.

 

History Note:        Authority G.S. 20‑1; 20‑302;

Eff. June 1, 1988;

Amended Eff. January 1, 1994.

 

19A NCAC 03D .0216      DEFINITIONS

(a)  Statutory Definitions:  Definitions for words and phrases used in this Section and not defined in subsection (b) shall be the same as the definitions appearing in G.S. 20‑286 and G.S. 20‑4.01.

(b)  Administrative Definitions:  The following words and phrases shall have the meanings listed below when used in this Section:

(1)           "Established Salesroom" ‑ A salesroom containing at least 96 square feet of floor space in a permanently enclosed building or structure which is separate and apart from any living quarters, residence or other business and having a separate entrance; where any vehicles displayed are separate and apart from vehicles of any other dealer; having displayed thereon or immediately adjacent thereto a sign, in block letters of not less than 3 inches in height on a contrasting background, clearly and distinctly designating the trade name of the business at which a permanent business of bartering, trading and selling of motor vehicles will be carried on as such in good faith and at which place of business shall be kept and maintained the books, records, and files the Division requires as necessary to conduct the business at such location.  A building is not considered permanent if it has wheels.  In order for a manufactured home to be considered a permanent enclosed building, it must be underpinned and wheels removed.  Provided, however, the minimum area requirement provided for in this Paragraph is not applicable to any established place of business lawfully in existence and duly licensed on or before January 1, 1978.

(2)           "Established Office" (Wholesaler) ‑ An office containing at least 96 square feet of floor space in a permanently enclosed building or structure which is accessible to Division personnel and is where required books, records and files are kept.

(3)           "Suspension" ‑ The temporary withdrawal of a license issued by the Division of Motor Vehicles to a motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch, wholesaler or their sales representative for a definite period.

(4)           "Revocation" ‑ The termination of a license issued by the Division of Motor Vehicles to a motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch, wholesaler or their sales representative.

(5)           "Automobile" ‑ Any passenger car or station wagon.

 

History Note:        Filed as a Temporary Amendment Eff. February 9, 1989 for a Period of 180 Days to Expire on August 8, 1989;

Authority G.S. 20‑1; 20‑302;

Eff. June 1, 1988;

Temporary Amendment Expired Eff. August 8, 1989;

Amended Eff. January 1, 1994; October 1, 1991; October 1, 1989.

 

19A NCAC 03D .0217      APPLICATION FOR LICENSE

(a)  Applications for all licenses required by the Motor Vehicle Dealers and Manufacturers Licensing Law shall be made on forms furnished by the Division and signed by the Owner, partner or proper officer of a corporation and filed with the Enforcement Section, N. C. Division of Motor Vehicles; Raleigh, North Carolina 27697, accompanied by the necessary fees; provided, the Division shall not issue a motor vehicle dealer license to a new motor vehicle dealer unless or until the applicant has satisfied the Division that a distributor or manufacturer has awarded the applicant a franchise to sell new motor vehicles in the relevant market area for which a license is sought.

(b)  The application and annual renewal of license to do business as a manufacturer, factory branch, distributor, distributor branch, wholesaler or dealer, must be signed by the owner, partner or an officer of the corporation.  The application for license as a motor vehicle sales representative, distributor or factory representative must be certified by the owner, partner, or an officer of the corporation.

(c)  Application for all licenses required by the Motor Vehicle Dealers and Manufacturers Licensing Law must accurately describe the physical location of the business such as:  street number, street name, city, state and zip code.  If a post office box or rural route is used, the above information must also be included.  It is not permissible to have a mailing address different from the actual location of the business.  Wholesale applicants must supply the Division with a telephone number at which such business may be contacted by a representative of the Division concerning records and sales transactions.

(d)  Each applicant prior to being approved for license as a motor vehicle dealer, manufacturer, distributor, distributor branch, wholesaler or factory branch shall furnish a corporate surety bond, cash bond or fixed value equivalent thereof as required by G.S. 20-288(e).  This bond shall remain in force and effect so long as the licensee remains in business.  When a cash bond or equivalent thereof is filed with the Division, same shall remain in effect for a period of four years after termination of business.  The name and address appearing on the bond must be exactly as shown on the application.

(e)  The Division must have evidence of an assumed name being filed with the Register of Deeds in the county in North Carolina where the business is maintained when such business is operated under any designation, name or style other than the real name of the owner or owners thereof or under its corporate name.  After this filing when there is a change of name or ownership, evidence of this change being filed with the Register of Deeds shall be furnished to the Division of Motor Vehicles.

(f)  A foreign corporation must procure a certificate of authority from the North Carolina Secretary of State before being licensed to operate in this State under the Motor Vehicle Dealers and Manufacturers Licensing Law, and provide written proof of same to the Division.

(g)  Before a North Carolina corporation can be licensed under the Motor Vehicle Dealer and Manufacturers Licensing Law, articles of incorporation must have been filed with the North Carolina Secretary of State, and written proof of same provided to the Division.

(h)  Before the Division shall issue licenses required by the Motor Vehicle Dealers and Manufacturers Licensing Law, the established salesroom or established office shall be in compliance with all state, county and municipal zoning ordinances or regulations, and written proof of same provided to the Division.

(i)  Prior to issuance of licenses required by the Motor Vehicle Dealers and Manufacturers Licensing Law, the applicant must purchase all required state and local "Traders" licenses, and provide written proof of same to the Division.

(j)  License fees for each fiscal year, or part thereof, shall be as provided under G.S. 20‑289; provided no license shall be issued until the fees for license required by G.S. 20‑87(7) have been paid to the Division.

(k)  Upon receipt of application for any license required by the Motor Vehicle Dealers and Manufacturers Licensing Law, the Commissioner shall cause an investigation to be made to determine whether the applicant meets the requirements of law for licensing as a motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch, wholesaler, motor vehicle sales representative, factory representative or distributor branch representative, and this shall include the inspection of the proposed location, applications and other required documents by an agent of the Enforcement Section.

(l)  When an applicant for a license under this Section is approved, based upon the application and the results of investigation made, the applicant will be issued license subject to the following limitations:

(1)           A license issued under the Motor Vehicle Dealers and Manufacturers Licensing Law shall be valid until suspended, revoked or expired.  The license must be at all times conspicuously displayed at the place designated by the Division.

(2)           Any motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch, or wholesaler who moves his place of business from the location for which license was issued shall immediately notify the Enforcement Section, North Carolina Division of Motor Vehicles, of such change of location and shall not engage in the business of buying, selling, trading or manufacturing motor vehicles until the new location has been inspected and approved by an agent of the Division and the necessary form and additional fees, if any, have been submitted to the Division.

(3)           A license issued pursuant to Article 12 of Chapter 20 of the General Statutes shall not be assignable and shall be valid only for the owner, or owners in whose name or names it is issued and for transaction of business only at place designated therein.  If an individual, partnership or proprietor­ship should incorporate, new fees are due.

(4)           The Division shall be notified when there is a change of name and the licensee shall produce evidence that a bond as required by G.S. 20‑288(e) is in effect.

(m)  The Commissioner shall deny the application for any license under the Motor Vehicle Dealers and Manufacturers Licensing Law of any applicant who fails to meet the qualifications set out in Article 12 of Chapter 20 of the North Carolina General Statutes.  Upon denial, applicant:

(1)           Shall be notified by certified mail within 30 days from denial of license, directed to the address shown by applicant on application form.

(2)           Upon request, shall be afforded a hearing by the Commissioner of Motor Vehicles as required under provisions of G.S. 20‑295.

(n)  Every motor vehicle sales representative who engages in business in this State as such must obtain a license.  Applicants for a motor vehicle sales representative's license shall be subject to the following provisions:

(1)           A sales representative, factory representative, or distributor representative, must be employed by a motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch, or wholesaler.

(2)           All applications for sales representative, factory representative, and distributor representative licenses must be made on forms furnished by the Division.  Each application must be signed by the applicant and endorsed by the employer or employers.

(3)           All sales representative, factory representative, and distributor representative licenses shall be valid until suspended, revoked, or expiration, or until employment as a sales representative, factory representative for which it is issued is terminated.

(4)           All sales representatives, factory representatives, and distributor representatives shall at the time of changing employment return his license and make application to the Division on forms furnished by the Division designating the name and address of the new employer and must be signed by the applicant and endorsed by the employer or employers.

 

History Note:        Authority G.S. 20‑1; 20‑52.1; 20‑75; 20‑79; 20‑82; 20‑286(6) and (15); 20‑287; 20‑288; 20‑290(a); 20‑291; 20‑294 through 20‑296; 20‑301 through 20‑305; 20‑305.1 through 20‑305.3; 66‑68;

Eff. June 1, 1988;

Amended Eff. January 1, 1994; October 1, 1991; September 1, 1991.

 

19A NCAC 03D .0218      DESCRIPTION OF LICENSE

(a)  Every license issued to a dealer, manufacturer, factory branch, distributor, distributor branch, or wholesaler must show the name of the business, location, license number and expiration of license.

(b)  Every license issued to a sales, factory or distributor representative must show his name and address, name of his employer and expiration date.

(c)  Every motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch, or wholesaler shall, on or before the 30th day of June in any calendar year, apply for and obtain, upon payment of proper fees, the license and number plates required by G.S. 20‑79.

 

History Note:        Authority G.S. 20‑1; 20‑79; 20‑290(a); 20‑291; 20-302;

Eff. June 1, 1988;

Amended Eff. January 1, 1994; October 1, 1991.

 

19A NCAC 03D .0219      BUSINESS RECORDS

(a)  All motor vehicle dealers, manufacturers, factory branches, distributors, distributor branches and wholesalers shall keep a record for at least four years of all vehicles manufactured, received, sold, traded or junked.  In addition a copy of any disclosure required by G.S. 20-71.4 received or given by the dealer must be retained for four years.  An odometer disclosure form shall be retained for a period of five years as required by G.S. 20‑347.1.

(b)  All motor vehicle dealers, manufacturers, factory branches, distributor branches and wholesalers shall keep for a period of four years the following additional records for each vehicle and mobile/modular home manufactured, received, sold, traded or junked:

(1)           Make, body style, vehicle identification number, and year model.

(2)           Name of person, firm or corporation from whom acquired.

(3)           Date vehicle purchased or manufactured.

(4)           Name of person, firm or corporation to whom sold or traded.  If vehicle junked, date, name and address of person, firm or corporation to whom frame, motor and body sold.

(5)           Date vehicle sold or traded.

(6)           Copy of bill of sale (written statement).

(7)           The North Carolina oversize single trip or annual permit number authorizing movement of the mobile/modular unit, serial number or vehicle identification number of the mobile/modular unit, the date of move, transporter, and name and address of purchaser.

(c)  All records required to be maintained in Paragraphs (a) and (b) shall be kept and maintained for every vehicle purchased or sold and shall be kept so as to be readily available for inspection upon demand from an authorized agent of the North Carolina Division of Motor Vehicles in order that the ownership of any vehicle purchased or sold can be traced.

(d)  Manufacturer's Certificates of Origin and title for all vehicles owned by a motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch or wholesaler must be immediately available to assign to the purchaser.

(e)  Retail installment sales must be made in accordance with G.S. 20‑303.  Cash sales may be made by proper endorsement and delivery of the title to the purchaser and any other receipt that the purchaser and seller agree upon.

(f)  Pursuant to 16 CFR 455.2 a dealer shall not willfully remove the "Monroney Label" or sticker from a new automobile that is displayed for sale.  The "Monroney Label" must be affixed to the new automobile at the time of sale to the ultimate purchaser.  "Ultimate Purchaser" means the first person, other than a dealer purchasing in his capacity as a dealer, who in good faith purchases a new automobile for purposes other than a resale.

(g)  Pursuant to 15 USC Sec. 1231 every dealer offering used cars for sale shall post buyers guides with warranty information as required by the Federal Trade Commission and same shall be displayed at the time of sale.

 

History Note:        Authority G.S. 20‑1; 20‑52; 20-71.4; 20‑75; 20‑79(a) and (b); 20‑82; 20‑286(6) and (15); 20‑297; 20‑302; 20‑303; 20‑347;

Eff. June 1, 1988;

Amended Eff. January 1, 1994; October 1, 1991; October 1, 1989;

Filed as a Temporary Rule Eff. October 1, 2000;

Amended Eff. August 1, 2002;

 

19A NCAC 03D .0220      INSPECTION AND INVESTIGATION

(a)  The Division may make periodic inspections of premises and records of licensee.

(b)  All bona fide complaints received in writing by the Commissioner about any person, firm or corporation licensed under Article 12 of Chapter 20 shall be investigated for the purpose of determining whether there has been a violation of that Article, Article 15 or these rules.

(c)  The Division shall also conduct an investigation when it has reasonable grounds to believe there has been a violation of Chapter 20 or these rules.

 

History Note:        Authority G.S. 20‑1; 20‑49; 20‑297; 20‑302;

Eff. June 1, 1988.

 

19A NCAC 03D .0221      CONDITIONS FOR ISSUING TEMPORARY MARKERS BY A DEALER

(a)  Before a temporary marker can be issued by a dealer the following conditions must be met:

(1)           Ownership in the vehicle must pass from the dealer to the purchaser by assigning the title or Manufacturer's Certificate of Origin and by delivering the vehicle to the buyer.

(2)           Dealer has obtained from purchaser an application for registering and titling of the purchased vehicle.

(3)           Dealer has collected all prescribed fees for titling and registering the vehicle.

(4)           Dealer has certification (Form FR‑2) certifying liability insurance in effect.

(5)           Exception.  Subparagraphs (a)(2) and (3) of this Rule do not apply when the dealer is selling the vehicle to an out‑of‑state purchaser and the vehicle is to be removed from the State of North Carolina to the purchaser's home state prior to the expiration of the 30‑day temporary registration marker.  Form FR‑2 (Insurance Certification) shall be completed and kept by the dealer as part of his records.

(b)  Procedure for issuance of 30‑day temporary markers:

(1)           All 30‑day temporary markers shall be issued in numerical order, beginning with the lowest number of the set or sets.

(2)           The vehicle identification number, the make, the issuance date, and the expiration date shall be entered clearly and indelibly on the face of the temporary marker.

(3)           A receipt, which corresponds in number with the 30‑day temporary marker, shall be issued.

(4)           The receipt shall be completed in duplicate, with pen and ink, and must be legible.

(5)           The white copy of the receipt, with the 30‑day marker, shall be delivered to the purchaser.  The pink copy is to be retained in the book by the issuing dealer for at least one year.

(6)           All documents necessary to title and register the vehicle shall be presented to a license plate agency or mailed to the North Carolina Division of Motor Vehicles within four working days from date of issuance.  When the purchaser is a nonresident, a 30‑day temporary marker may be issued to the nonresident for the sole purpose of removing the vehicle to his home state, provided the customer has in effect liability insurance with a company licensed in North Carolina.  The dealer is neither required to obtain from such nonresident a written application for North Carolina registration nor to collect the North Carolina registration fees.  However, Form FR‑2 shall be completed and kept by the dealer as part of his records.  If a plate is to be transferred, a 30‑day temporary marker cannot be issued.  All required information shall be recorded on the report sheet in the back of receipt book.

(7)           All 30‑day temporary markers and receipts that are voided shall be marked "void" and recorded on the report sheet.  The white copy of the receipt and the 30‑day temporary marker shall be forwarded to the North Carolina Division of Motor Vehicles Enforcement Section together with the report sheets.  Receipts and 30‑day temporary markers that do not match shall be returned to the Division after recording on report sheet. The receipt is not to be altered.

(8)           Only one 30‑day temporary marker may be issued per vehicle per sale.

(9)           Upon issuance of all receipts (Markers) in each receipt book, the report sheet must be completed in duplicate and the original mailed to the Division.  A copy of the report sheet must be retained by the Dealer for one year.

(10)         All 30‑day temporary markers are non‑transferable between dealers.

 

History Note:        Authority G.S. 20‑39; 20‑79.1;

Eff. June 1, 1988;

Amended Eff. January 1, 1994; October 1, 1991; October 1, 1989.

 

19A NCAC 03D .0222      DEALER'S DELIVERY/PURCHASER'S APPL: REGISTRATION

 

History Note:        Authority G.S. 20‑39; 20‑79.1;

Eff. June 1, 1988;

Repealed Eff. October 1, 1989.

 

19A NCAC 03D .0223      DEALER PLATES

Application for dealer plates must be signed by owner, partner or officer of the corporation.  Lost or stolen dealer plates must be reported to the Division of Motor Vehicles in writing.  Application to replace such plates must be completed on the appropriate form, signed and submitted with the fee required by G.S. 20-85(5) to the Division of Motor Vehicles.

 

History Note:        Authority G.S. 20‑39; 20‑68; 20‑85(5);

Eff. June 1, 1988;

Amended Eff. January 1, 1994; October 1, 1991.

 

19A NCAC 03D .0224      ILLEGAL USE OF DEALER PLATES

(a)  It is illegal to use dealer plates on vehicles operated for any other business that the dealer is engaged in.  The sale of vehicles not required to be registered, excluding the sale of farm tractors which are part of the inventory of the dealer, is considered another business and delivery of such vehicles by motor transport is not permitted with dealer plates.

(b)  Parts trucks used in delivering parts to other sales outlets may use dealer plates only if the sale of parts is incident to the dealer business.  A parts business that is separate and apart from the dealership cannot use dealer plates.

(c)  It is illegal to use dealer plates on vehicles that are not owned by the dealer.

(d)  It is illegal for persons other than dealers, corporate officers or employees of a dealer who regularly work for the dealer at least 15 hours a week, to operate a dealership vehicle unless they are in possession of a 96‑hour permit.  The said permit must include license plate number, permitee's name, address, driver's license number, date and hour of issue and must be signed by dealer or sales manager and person receiving vehicle.  A duplicate copy of the permit must be retained by the dealer.  The permit is void if erasures are made.

(e)  It is illegal to use dealer plates on wreckers used for general wrecker service or on wreckers which move vehicles on a rotation basis at the request of state or local law enforcement authorities.  It is permissible to use a dealer plate on wreckers which tow vehicles for the dealer's customers only.

(f)  The civil penalty imposed upon a dealer pursuant to G.S. 20-79(e)(2) is due in full upon assessment by the Division.  The license of a dealer who fails to pay the civil penalty within 30 days after notice of the assessment is delivered to the dealer or an employee of the dealer shall be cancelled by the Division until the penalty is paid in full.

 

History Note:        Authority G.S. 20‑39; 20‑79; 20-302;

Eff. June 1, 1988;

Amended Eff. December 1, 1993; October 1, 1991; October 1, 1989.

 

19A NCAC 03D .0225      VEHICLES OFFERED FOR SALE OWNED BY DEALERSHIP

No vehicle shall be sold or offered for sale or trade by any motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch or wholesaler until said motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch or wholesaler has in his possession a certificate of title or manufacturers certificate of origin or same is immediately available to complete transfer of ownership to the con­sumer‑purchaser.

 

History Note:        Authority G.S. 20‑39; G.S. 20‑79;

Eff. June 1, 1988;

Amended Eff. October 1, 1991.

 

19A NCAC 03D .0226      VEHICLES OFFERED FOR SALE ON CONSIGNMENT

(a)  Any dealer offering a vehicle for sale that is on consignment from a manufacturer, distributor, factory branch, distributor branch, wholesaler or individual shall have in his possession a consignment contract for each vehicle, executed by both parties.

(b)  The consignment contract shall consist of the following:

(1)           The effective dates of the contract.

(2)           The complete name, address, and the telephone number, if available, of the owner.

(3)           A complete description of the vehicle on consignment, including the make, model, body style, year, and vehicle identification number.

(4)           The listing charges.

(5)           The percentage of commission or the amount of the commission the dealer is to get if the vehicle is sold.

(6)           The right of the dealer to receive the agreed upon commission, if vehicle is sold after the termination of the agreement and as a result of the dealer's effort, which shall not exceed 30 days.

(c)  Any dealer offering a vehicle for sale on consignment must tell the prospective customer that the vehicle is on consignment unless the dealer is going to take ownership of the vehicle by completing a re‑assignment on the title documents.  Any dealer selling a vehicle on consignment from a wholesaler must take ownership of that vehicle prior to its retail sale.

(d)  Dealer plates cannot be used to demonstrate a vehicle on consignment.  The consignee's plate may be used if liability insurance is in effect.

(e)  In addition to a consignment contract, the dealer shall have in his possession an equipment listing of the vehicle, consisting of, but not limited to, the following:

(1)           Owners name and address.

(2)           Complete description of the vehicle which shall include the year, make, model, body style, color, odometer reading, special or extra equipment, and the disclosure of known defects.

(f)  The ownership documents of any vehicle on consignment must be made available to any authorized agent of the North Carolina Division of Motor Vehicles on request.  The ownership documents must be readily available from the owner.

(g)  The owner must execute the ownership documents and deliver them to the purchaser at the time the vehicle is delivered.

(h)  The vehicle must display a current safety inspection certificate.

 

History Note:        Authority G.S. 20‑302;

Eff. June 1, 1988;

Amended Eff. January 1, 1994; October 1, 1991.

 

19A NCAC 03D .0227      VEHICLES OFFERED FOR SALE ON A FLOOR PLAN LIEN

(a)  Any dealer offering for sale a vehicle on which a financial interest is held by another party (floor plan lien) shall at the time of sale, satisfy the floor plan lien and obtain the title from the floor plan lienholder, execute the title documents and deliver them to the purchaser or the lienholder as required by G.S. 20-52.1, G.S. 20‑72 and G.S. 20‑75 at the time the vehicle is delivered.

(b)  Manufacturers Certificate of Origin and titles may be retained by the floor plan lienholder so long as the Manufacturers Certificate of Origin and titles are located within the boundaries of North Carolina; provided the dealer has in possession, available for inspection, an invoice from the manufacturer or distributor and a floor plan disclosure form completed, dated and signed by both parties.  Mobile/manufactured home dealers shall be exempt from the requirement that the Manufacturer's Certificate of Origin and title be located within the boundaries of North Carolina.  All other provisions of this Rule shall apply to mobile/manufactured home dealers.

 

History Note:        Authority G.S. 20‑302;

Eff. June 1, 1988;

Amended Eff. June 1, 1995; January 1, 1994; October 1, 1991.

 

19A NCAC 03D .0228      BILL OF SALE, ODOMETER STATEMENT ‑ WRITTEN DOCUMENTATION

(a)  Bill of Sale ‑ Every motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch or wholesaler at the time of sale or trade shall provide to the buyer in writing the applicable information listed below which may be on a bill of sale, buyer's order, financial statement or combination thereof.  Each form must be completed in duplicate, signed by the buyer and seller, and the original or copy provided to the buyer and a copy of original retained by the dealer for four years.  Such information shall include:

(1)           Name and address of person, firm or corporation to whom vehicle sold or traded.

(2)           Date of sale or trade.

(3)           Name and address of motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch or wholesaler selling or trading vehicle.

(4)           Make, body style, vehicle identification number and year model.

(5)           Sale price of vehicle.

(6)           Amount of cash down payment made by the buyer.

(7)           Description of any vehicle used as a trade‑in and the amount credited the buyer for sale trade‑in.  [Description of trade‑in shall be the same as outlined in Subparagraph (a)(4) of this Rule.]

(8)           Amount of finance charge, if any, and interest.

(9)           The cost of insurance to the buyer, if any, and an explanation of the type and amount of coverage.

(10)         Any investigation charges, service charges or any other charge or charges not included in previous items.  The purpose of each charge must be specified.

(11)         Net balance due from the buyer.

(12)         The amount of each payment and the time and schedule of deferred payment and to whom payments are to be made.

(b)  Odometer Statement ‑ Odometer disclosure statements must comply with Article 15 of Chapter 20 of the North Carolina General Statutes and copies retained for a period of five years.

 

History Note:        Authority G.S. 20‑39;

Eff. June 1, 1988;

Amended Eff. January 1, 1994; October 1, 1991; October 1, 1989.

 

19A NCAC 03D .0229      CORP. SURETY BONDS:  MOBILE/MANUFACTURED HOME DEALERS

A motor vehicle dealer who is engaged in the principal business of selling mobile or manufactured homes (as defined in G.S. 143‑143.9) and who also sells other motor vehicles as an incident to this principal business, shall either:

(1)           furnish to the Division a corporate surety bond, cash bond, or fixed equivalent thereof pursuant to G.S. 20‑288(e); or

(2)           furnish to the Division a copy of the bond that the dealer has furnished to the North Carolina Manufactured Housing Board, pursuant to G.S. 143‑143.12, which includes the condition that the obligor will faithfully conform to and abide by the provisions of Article 12 of North Carolina General Statutes Chapter 20.

 

History Note:        Authority G.S. 20‑39, 20‑288(e);

Eff. June 1, 1988;

Amended Eff. January 1, 1994.

 

19A NCAC 03D .0230      SUSPENSION: REVOCATION AND RENEWAL REFUSED

(a)  Suspension:  Any person, firm or corporation whose license is suspended shall:

(1)           Surrender all licenses and license plates (dealer, manufacturer or temporary marker) to the Division and not engage in the business of buying, selling, trading or manufacturing motor vehicles while license is suspended.

(2)           Reinstatement:  At the termination of period of suspension, license, license plates and temporary markers will be returned to licensee upon payment of necessary fees, if any.  If no fees are due, license, license plates and temporary markers will be returned to licensee upon request; if fees are due, licensee shall be notified prior to date of termination of suspension.

(b)  Revocation:

(1)           Any person, firm or corporation whose license has been revoked shall surrender all licenses, license plates (dealer, manufacturer and temporary marker) to the Division and not engage in the business of buying, selling, trading, or manufacturing motor vehicles until new license and license plates have been obtained.

(2)           New license required:

(A)          Where a license has been revoked, a new license must be obtained before carrying on any activity covered by Article 12 of Chapter 20.

(B)          The procedure for obtaining a new license after revocation shall be the same as that for obtaining an original license except that application shall have noted on the face thereof by applicant the fact that prior license has been revoked and the date of such revocation.

(C)          Where dealer or manufacturer's license plates have been revoked, the procedure for obtaining new plates shall be the same as that for obtaining original license plates.

(c)  Renewal refused:  Any person, firm or corporation whose renewal application for license has been refused must surrender all license plates to the Division for cancellation.

 

History Note:        Authority G.S. 20‑1; 20‑302;

Eff. June 1, 1988.

 

19A NCAC 03D .0231      HEARINGS PURSUANT TO ARTICLES 12 AND 15 OF CHAPTER 20

(a)  The following shall be applicable to hearings requested under G.S. 20‑296:

(1)           No license issued under this Article shall be suspended, revoked or renewal refused until a hearing has been held before the Commissioner or a person designated by him and licensee shall have been notified in writing ten days prior to such hearing by certified mail to his last known address as shown by records of the Division.  Provided, however, if a licensee fails to maintain a bond as required by G.S. 20‑288(e) or fails to purchase dealer license plates as required by G.S. 20‑79, the Division shall cancel the dealer's license subject to the provision that the licensee shall be granted a hearing if requested in writing within ten days after the date of cancellation of such license.

(2)           Hearing shall be held at a place designated by the Commissioner.

(3)           The licensee shall be advised of the decision of the Commissioner in writing by certified mail within 30 days of the decision to his last known address as shown by records of the Division.

(4)           The decision of the Commissioner or his duly authorized representative, after hearing, shall be final and appeal therefrom shall be as provided in Chapter 150B of the North Carolina General Statutes (G.S. 20‑300).

(b)  Except as otherwise provided, the North Carolina Rules of Civil Procedure will be applicable to hearings requested under N.C.G.S. 20‑304 through 20‑305.4.

(1)           Action shall be initiated by the filing of a petition with the Commissioner of Motor Vehicles, North Carolina Division of Motor Vehicles, Raleigh, N. C. 27697, who shall serve a copy thereof on the affected manufacturer by certified mail (return receipt requested) with notice that such manufacturer shall reply to the subject petition of the dealer within 30 days.

(2)           Petitioner and replies:

(A)          The form of the petition shall be the same as that required for filing of petitions in the superior court and there shall be attached thereto a copy of the franchise agreement between the dealer and manufacturer.

(B)          The form of the reply to the petition shall be the same as required for the filing of a reply to a petition in the superior court and there shall be attached thereto a copy of the franchise agreement between the manufacturer and dealer.

(C)          Exhibits and supporting documents shall be attached to the petition or reply at the time of filing.

(3)           The hearing shall be held at a place designated by the Commissioner upon 20 days written notice to both the petitioner and respondent.

(A)          It shall be the obligation of the parties involved to have present at any hearing all witnesses which the parties desire to be heard.

(B)          The parties shall be advised of the decision of the Commissioner in writing by certified mail to the addresses as shown in the pleadings filed in the action.

(4)           The decision of the Commissioner or his duly authorized representative after hearing shall be final and appeal therefrom shall be as provided in Chapter 150B of the North Carolina General Statutes (G.S. 20‑300).

 

History Note:        Authority G.S. 20‑1; 20‑294 through 20‑296; 20‑301 through 20‑305; 20‑305.1 through 20‑305.3;

Eff. June 1, 1988;

Amended Eff. January 1, 1994; October 1, 1991; October 1, 1989.

 

19A NCAC 03D .0232      CIVIL PENALTY SCHEDULE FOR NON-LICENSED MOTOR VEHICLE DEALERS

The civil penalty schedule established in this Rule shall apply to a person acting as a dealer who has not obtained a license pursuant to Article 12 of the Motor Vehicle dealers and Manufacturers Licensing Law.  The Division of Motor Vehicles shall apply the penalty schedule in the following manner:

(1)           For a first offense of selling motor vehicles without a license against any person who is required to obtain a license under G.S. 20-287 and has not obtained the license, the DMV shall levy and collect a civil penalty of one thousand dollars ($1000) in addition to any other punishment required under the law.

(2)           For a second offense of selling motor vehicles without a license against any person who is required to obtain a license under G.S. 20-287 and has not obtained the license, the DMV shall levy and collect a civil penalty of three thousand dollars ($3,000) in addition to any other punishment under the law.

(3)           For a third or subsequent offense of selling motor vehicles without a license against any person who is required to obtain a license under G.S. 287 and has not obtained the license, the Division shall levy and collect a civil penalty of five thousand dollars ($5,000) in addition to any other punishment under the law.

 

History Note:        Authority G.S. 20-39; 20-287;

Eff. August 1, 2004.

 

19A NCAC 03D .0233      CIVIL PENALTY SCHEDULE FOR LICENSED MOTOR VEHICLE DEALERS

The civil penalty schedule established in this Rule applies to motor vehicle dealers, motor vehicle sales representatives, manufacturers, factory branches, factory representatives, distributors, representatives, distributor branches, distributor representatives, and wholesalers.  The schedule categorizes violations as Type I (serious) Violations, Type II (moderate/less serious) Violations, and Type III (minor) Violations.  The DMV shall apply the Civil Penalty Schedule as follows:

(1)           Type I Violation:  For a first Type I violation within three years by a licensee, the Division shall assess a civil penalty of two hundred fifty dollars ($250.00) in addition to any other punishment or remedy under the law.  For a second Type I violation within three years by a licensee, the Division shall assess a civil penalty of five hundred dollars ($500.00) in addition to any other punishment or remedy under the law.  For a third or subsequent Type I violation within three years by a licensee, the Division shall assess a civil penalty of one thousand dollars ($1,000) in addition to any other punishment or remedy under the law.

(2)           Type II Violation:  For a first Type II violation within three years by a licensee, the Division shall assess a civil penalty of one hundred dollars ($100.00) in addition to any other punishment or remedy under the law.  For a second Type II violation within three years by a licensee, the Division shall assess a civil penalty of two hundred fifty dollars ($250.00) in addition to any other punishment or remedy under the law.  For a third or subsequent Type II violation within three years by a licensee, the Division shall assess a civil penalty of five hundred dollars ($500.00) in addition to any other punishment or remedy under the law.

(3)           Type III Violation:  For any Type III violation by a licensee, the Division shall assess a civil penalty of fifty dollars ($50.00) in addition to any other punishment or remedy under the law.

(4)           Multiple Violations:  If a licensee commits two or more violations in the course of a single transaction or occurrence, the division shall assess a civil penalty specified for the most serious violation only, based upon the schedule set out in this Rule.

 

History Note:        Authority G.S. 20-39; 20-287;

Eff. August 1, 2004.

 

19A NCAC 03D .0234      TYPE I OR SERIOUS VIOLATIONS

The Division of Motor Vehicles shall apply the Civil Penalty Schedule for Type I Violations against a licensed automobile dealer for any of the following:

(1)           Failing to deliver manufacturer's certificate at time of transfer as required in G.S. 20-52.1;

(2)           Failing to deliver certificate of title at time of transfer as required in G.S. 20-75;

(3)           Altering or forging certificate of title, registration card, or application as addressed in G.S. 20-71;

(4)           Reproducing or possessing blank certificate of title;

(5)           Failing to disclose damage to a vehicle as addressed in G.S. 20-71.4;

(6)           Knowingly making false statements about the date a vehicle was sold or acquired as addressed in G.S. 20-74;

(7)           Receiving or transferring stolen vehicles as addressed in G.S. 20-106;

(8)           Injuring or tampering with vehicle as addressed in G.S. 20-107;

(9)           Buying, receiving, disposing of, selling, offering for sale, concealing, or possessing vehicles or component parts with manufacturer's numbers as addressed in G.S. 20-108;

(10)         Altering or changing engine or other numbers as addressed in G.S. 20-109;

(11)         Making material misstatement in application for a license as addressed in G.S. 20-294(1);

(12)         Making material misstatement in application for dealer license plate as addressed in G.S. 20-294(12);

(13)         Failing to maintain established salesroom or established office as required in G.S. 20-294(3);

(14)         Defrauding retail buyer or any other person with whom business is conducted in a manner which damages the buyer as addressed in G.S. 20-294(4);

(15)         Employing fraudulent devices, methods or practices in connection with the laws of this State regarding the retaking or repossessing motor vehicles under retail installment contracts and resale of such vehicles as addressed in G.S. 20-294(5);

(16)         Using unfair methods of competition or unfair deceptive acts or practices as addressed in G.S. 20-294(6);

(17)         Knowingly advertising by any means, any untrue assertion or representation or statement of fact which is misleading or deceptive in any particular relating to the conduct of business licensed or for which a license is sought as addressed in G.S. 20-294(7);

(18)         Knowingly advertising a used motor vehicle for sale as a new motor vehicle as addressed in G.S. 20-294(8);

(19)         Being convicted of an offense set forth under G.S. 20l-106, G.S. 20-106.1, G.S. 20-107, or G.S. 20-112 while holding such a license or within five years prior to the date of filing the application as addressed in G.S. 20-294(9);

(20)         Being convicted of a felony involving moral turpitude under the laws of this state, another state, or the United States as addressed in G.S. 20-294(9);

(21)         Submitting a bad check to the Division of Motor Vehicles in payment of highway use taxes collected as addressed in G.S. 20-294(10);

(22)         Knowingly giving an incorrect certificate of title, or failing to give a certificate of title to a purchaser, a lienholder, or the Division after a vehicle is sold as required in G.S. 20-294(11);

(23)         Coercing or offering anything of value to any purchaser of a motor vehicle to provide any type of insurance coverage on said motor vehicle or accepting any policy as collateral on any vehicle sold to secure an interest in such vehicle in any company not qualified under the insurance laws of this state as addressed in G.S. 20-298;

(24)         Failing to provide and deliver to buyer a written installment statement describing clearly the motor vehicle sold, the cash sale price thereof, the cash paid down by the buyer, the amount credited the buyer for any trade-in and a description of the motor vehicle traded, the amount of the finance charge, the amount of any other charge specifying its purpose, the net balance due from the buyer, the terms of the payment of such net balance and a summary of any insurance protected to be effected as addressed in G.S. 20-303; and

(25)         Violating any statute included in or related to Article 15 of the Vehicle Mileage Act as addressed in G.S. 20-340 through G.S. 20-350.

 

History Note:        Authority G.S. 20-39; 20-287;

Eff. August 1, 2004.

 

19A NCAC 03D .0235      TYPE II MODERATE OR LESS SERIOUS VIOLATIONS

The Division of Motor Vehicles shall apply the Civil Penalty Schedule for Type II Violations against a licensed automobile dealer for any of the following:

(1)           Failing to maintain in full force and effect a corporate surety bond as required by G.S. 20-288(c);

(2)           Displaying motor vehicles for sale at retail at a location other than an established salesroom as required in G.S. 20-292;

(3)           Failing to inspect new vehicles prior to retail sale and failing to inspect used vehicles before they are offered for sale as required in G.S. 20-183.4C;

(4)           Failing to maintain and retain a record of all vehicles received and sold by the dealer to include all Division of Motor Vehicles' requirements for the period of time required by the Division as addressed in G.S. 20-297;

(5)           Improperly issuing or using 30-day temporary markers as addressed in G.S. 20-79.1;

(6)           Violating any rules in connection with the selling of vehicles on consignment as addressed in 19A NCAC 03D .0226; and

(7)           Violating any laws concerning conspicuous disclosure of dealer administrative fees or finance yield charges as addressed in G.S. 20-101.1 and G.S. 20-101.2.

 

History Note:        Authority G.S. 20-39; 20-287;

Eff. August 1, 2004.

 

19A NCAC 03D .0236      TYPE III MINOR VIOLATIONS

The Division of Motor Vehicles shall apply the Civil Penalty Schedule for Type III Violations against a licensed automobile dealer for any of the following:

(1)           Failure of licensed dealer to keep a current list of licensed salespeople posted in a conspicuous manner as required in G.S. 20-290(b);

(2)           Failure of licensed dealer to include license type and serial number of license in any advertisement publication as required in G.S. 20-290(c);

(3)           Failure of any sales representative, factory representative, or distributive representative to carry licenses when engaged in business and display the same upon request as required in G.S. 20-291;

(4)           Failure of sales representative, factory representative, or distributive representative to report change of employment, make new application, and submit appropriate change of employment fee to the Division; and

(5)           Failure to post "Buyers Guide" on every used motor vehicle offered for sale with warranty information as required by the Federal Trade Commission.

 

History Note:        Authority G.S. 20-39; 20-287;

Eff. August 1, 2004.

 

SECTION .0300 ‑ MOTOR VEHICLE THEFTS

 

19A NCAC 03D .0301      STOLEN MOTOR VEHICLES

When a vehicle is reported stolen, the Division takes the necessary action to stop the title for the vehicle from being transferred except to the insurance company when the theft claim has been settled.

 

History Note:        Authority G.S. 20‑1; 20-2; 20-39; 20‑103; 20‑104;

Eff. July 1, 1978;

Amended Eff. August 1, 1984; February 1, 1982.

 

19A NCAC 03D .0302      RECOVERED MOTOR VEHICLES

(a)  The Division's files are marked to indicate a recovered vehicle as soon as the report is received.

(b)  The owner and lien holder (if any) are notified when a report of a recovered vehicle is received, except when the Division learns that the owner already knows the vehicle's location.

 

History Note:        Authority G.S. 20‑1; 20-2; 20-39; 20‑103; 20‑104;

Eff. July 1, 1978;

Amended Eff. February 1, 1982.

 

19A NCAC 03D .0303      SALE OF VEHICLE TO SATISFY STORAGE OR MECHANIC'S LIEN

19A NCAC 03D .0304      SALE OF MOTOR VEHICLE UNDER JUDICIAL PROCEEDINGS

19A NCAC 03D .0305      SALE OF ABANDONED VEHICLE

19A NCAC 03D .0306      FORMS

 

History Note:        Authority G.S. 20‑1; 20‑77(d)(e); 20‑114(c); 44A‑2; 44A‑4; 153‑9; 160A‑303:

Eff. July 1, 1978;

Repealed Eff. February 1, 1982.

 

SECTION .0400 ‑ NOTICE OF SALE AND STORED VEHICLES

 

19A NCAC 03D .0401      STORED VEHICLE

A written or a computer generated report must be filed with the Enforcement Section by law enforcement officers of all vehicles reported to them as abandoned and of all vehicles stored for illegal use.

 

History Note:        Authority G.S. 20‑1; 20-2; 20-39; 20‑114(c);

Eff. July 1, 1978;

Amended Eff. January 1, 1994; October 1, 1991; February 1, 1982.

 

19A NCAC 03D .0402      UNCLAIMED MOTOR VEHICLE

An unclaimed motor vehicle report is to be filed with the Enforcement Section, Division of Motor Vehicles, Raleigh, North Carolina by the owner of any business where vehicles are garaged, repaired, parked or stored for the public within 5 days after the vehicle has been unclaimed for 30 days.  When a vehicle has been abandoned on a landowner's property for more than 60 days, he must notify this section within 5 days after the 60‑day period.  Notification shall be made on Form LT‑126‑‑Report of Unclaimed Motor Vehicle to the Enforcement Section, Division of Motor Vehicles, Raleigh, North Carolina.

 

History Note:        Authority G.S. 20‑1; 20-2; 20-39; 20‑77(d);

Eff. July 1, 1978;

Amended Eff. October 1, 1991; February 1, 1982.

 

19A NCAC 03D .0403      SALE OF VEHICLE TO SATISFY STORAGE OR MECHANIC'S LIEN

(a)  When a person who repairs, services, tows or stores motor vehicles in the regular course of his business has a vehicle in his possession for 30 days following the date the storage or mechanic charges became due and the lien remains unpaid, he shall file with the Enforcement Section an Unclaimed Motor Vehicle Report (Form LT‑126).

(b)  If the person or firm claiming the mechanic's or storage lien desires to sell the vehicle to satisfy such claim, he shall notify the Enforcement Section of intent to sell such vehicle by use of Form LT‑102. This form must be completed in its entirety and mailed with a fee of ten dollars ($10.00) to the Enforcement Section of the Division of Motor Vehicles, Raleigh, North Carolina.

(c)  After all interested parties of record have been notified of the proposed sale and a request for judicial hearing is not received, the Enforcement Section will notify the person or firm claiming the storage or mechanic's lien.

(d)  The person or firm claiming the storage or mechanic's lien on a motor vehicle shall use Form LT‑103 to notify the Enforcement Section 20 days in advance of a public or private sale.

 

History Note:        Authority G.S. 20‑1; 20-2; 20-39; 20‑77(d),(e); 20‑114(c); 44A‑2; 44A‑4;

Eff. July 1, 1978;

Amended Eff. October 1, 1991; February 1, 1982.

 

19A NCAC 03D .0404      SALE OF MOTOR VEHICLE UNDER JUDICIAL PROCEEDINGS

Any person selling a vehicle under judicial proceedings shall give notice to the Enforcement Section by Form LT‑101 or LT‑103 at least 20 days in advance of a public or private sale.  A copy of the court order, judgement or execution, which shall fully describe the vehicle being sold, must accompany the notice of sale (Form LT‑101).

 

History Note:        Authority G.S. 20‑1; 20-2; 20-39; 20‑114(c);

Eff. July 1, 1978;

Amended Eff. October 1, 1991; February 1, 1982.

 

19A NCAC 03D .0405      SALE OF ABANDONED VEHICLE

Any city or county selling an abandoned vehicle as a result of city or county ordinance on file with the Enforcement Section, Division of Motor Vehicles, Raleigh, North Carolina, must give this section at least 20 days notice prior to such sale and this notice shall be on Form LT‑101‑‑Notice of Sale of a Motor Vehicle.

 

History Note:        Authority G.S. 20‑1; 20-2; 20-39; 160A‑303; 153‑9;

Eff. July 1, 1978;

Amended Eff. October 1, 1991; February 1, 1982; April 11, 1980.

 

19A NCAC 03D .0406      INSPECTION PROCEDURES

19A NCAC 03D .0407      INSPECTION OF MOTORCYCLES: MOTOR SCOOTERS AND MOTOR BIKES

19A NCAC 03D .0408      PROCEDURE FOLLOWING VEHICLE INSPECTION

19A NCAC 03D .0409      REINSPECTION

19A NCAC 03D .0410      INSPECTION CERTIFICATES ISSUED BY OTHER JURISDICTIONS

19A NCAC 03D .0411      FORMS

 

History Note:        Authority G.S. 20‑1; 20‑122 through 20‑133; 20‑183.3 through 20‑183.8;

Eff. July 1, 1978;

Repealed Eff. February 1, 1982.

 

SECTION .0500 ‑ GENERAL INFORMATION REGARDING SAFETY INSPECTION OF MOTOR VEHICLES

 

19A NCAC 03D .0501      GENERAL INFORMATION

 

History Note:        Authority G. S. 20‑1; 20‑117.1(a); 20‑122; 20‑122.1; 20‑123.1; 20‑124; 20‑125; 20‑125.1; 20‑126; 20‑127; 20‑128; 20‑128.1; 20‑129; 20‑129.1; 20‑130; 20‑130.1; 20‑130.2; 20‑130.3; 20‑131 through 20‑134; 20‑183.2; 20‑183.3; 20‑183.4; 20‑183.5; 20‑183.6; 20‑183.7; 20‑183.8;

Eff. July 1, 1978;

Amended Eff. March 1, 1982;

Repealed Eff. January 1, 1983.

 

19A NCAC 03D .0502      COLLECTION OF ASSESSMENTS

19A NCAC 03D .0503      WEIGHING VEHICLES WITH PORTABLE SCALES

19A NCAC 03D .0504      RECIPROCITY AGREEMENTS

19A NCAC 03D .0505      FORMS

 

History Note:        Authority G.S. 20‑1; 20‑4.1 through 20‑4.12; 20‑49; 20‑84.2; 20‑91.1; 20‑99; 20‑118.1;

Eff. July 1, 1978;

Amended Eff. April 11, 1980;

Repealed Eff. February 1, 1982.

 

19A NCAC 03D .0506      REQUIREMENTS FOR LICENSE

19A NCAC 03D .0507      LICENSES ISSUED

19A NCAC 03D .0508      DENIAL: SUSPENSION OR REVOCATION OF LICENSE

19A NCAC 03D .0509      OPERATION OF SAFETY EQUIPMENT INSPECTION STATIONS

19A NCAC 03D .0510      INSPECTION PROCEDURES

19A NCAC 03D .0511      INSPECTION OF MOTORCYCLES: MOTOR SCOOTERS AND MOTOR BIKES

19A NCAC 03D .0512      PROCEDURE FOLLOWING VEHICLE INSPECTION

19A NCAC 03D .0513      INSPECTION CERTIFICATES ISSUED BY OTHER JURISDICTIONS

19A NCAC 03D .0514      FORMS

 

History Note:        Authority G.S. 20‑1; 20‑103.8; 20‑117.1(a); 20‑122; 20‑122.1; 20‑123.1; 20‑124; 20‑125;

20‑125.1; 20‑126; 20‑127; 20‑128; 20‑128.1; 20‑129; 20‑129.1; 20‑130; 20‑130.1; 20‑130.2;

20‑130.3; 20‑131 through 20‑134; 20‑183.2; 20‑183.3; 20‑183.4; 20‑183.5; 20‑183.6;

20‑183.6(b); 20‑183.7; 20‑183.8; 20‑183.8(a); 20‑183.8(b); 200‑83.8(b);

Eff. March 1, 1982;

Repealed Eff. January 1, 1983.

 

19A NCAC 03D .0515      SAFETY INSPECTION LICENSING AND PROCEDURES

 

History Note:        Authority G.S. 20‑1; 20‑117.1(a); 20‑122; 20‑122.1; 20‑123.1; 20‑124; 20‑125; 20‑125.1;

20‑126; 20‑127; 20‑128; 20‑128.1; 20‑129; 20‑129.1; 20‑130; 20‑130.1; 20‑130.2; 20‑130.3;

20‑131 through 20‑134; 20‑183.2; 20‑183.3; 20‑183.4; 20‑183.5; 20‑183.6; 20‑183.7;

20‑183.8;

Eff. January 1, 1983;

Amended Eff. July 1, 1992; October 1, 1991; October 1, 1989; November 1, 1988;

Repealed Eff. January 1, 1994 pursuant to 1991 S.L., c. 477, s. 3.

 

19A NCAC 03D .0516      SAFETY INSPECTION LICENSING AND PROCEDURES

 

History Note:        Filed as a Temporary Adoption Eff. April 25, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Authority G.S. 20‑2; 20‑39; 20‑183.8;

Codifier of Rules Objected to the Findings of Need for the Temporary Rule

Eff. April 25, 1994;

Temporary Adoption Expired October 22, 1994.

 

19A NCAC 03D .0517      DEFINITIONS

For purposes of this Section, these words and phrases shall have the following meanings, except in those instances where the context clearly indicates a different meaning:

(1)           Abbreviations:  Abbreviations used in these Rules shall have the following meanings:

(a)           CO - Carbon Monoxide,

(b)           G.V.W.R. - Gross Vehicle Weight Rating,

(c)           HC - Hydrocarbons,

(d)           PSI - Pounds Per Square Inch,

(e)           NOx - Nitrogen Oxides,

(f)            PPM - Parts Per Million,

(2)           Ambient Air:  That portion of the atmosphere surrounding human, animal and plant life.

(3)           Authorized Station:  An established place of business licensed by the North Carolina Division of Motor Vehicles to conduct inspection of safety equipment, emissions, and air pollution control devices as required by the inspection laws.

(4)           Base:  The place where a vehicle is most frequently dispatched from, garaged, serviced, maintained, operated or otherwise controlled.  If any vehicle is located in or operated from a county participating in the safety emission program continuously for a period of 30 days, said vehicle shall be considered based within said county.

(5)           Certified Inspection Mechanic:  A person who has completed the course(s) required by G.S. 183.4(c) and 183.4A(c), who has passed a written examination approved by the North Carolina Division of Motor Vehicles, and who has been issued an inspection mechanic license by the Division of Motor Vehicles.

(6)           Crankcase Emissions:  Air contaminants emitted into the atmosphere from any portion of the engine crankcase ventilation or lubrication system.

(7)           Current Year Model:  The production period of new motor vehicles as designated by the manufacturer in the calendar year in which the period ends.  If the manufacturer does not designate a production period, the model year shall mean the 12-month period beginning January of the year in which production began.

(8)           Diagnostic Equipment:  Tools or machines used to diagnose engine performance.

(9)           Emission:  The act of a motor vehicle emitting into the atmosphere any air contaminants which may include carbon monoxide, hydrocarbons, or nitrogen oxides.

(10)         Emissions Analyzer:  An approved device used to fully evaluate the vehicle emission control system for proper operation and electronically record and transmit emissions and safety inspection data to the state.  An approved device is considered a device that meets the certification requirements as defined by the Environmental Management Commission Specifications for the North Carolina Analyzer System.

(11)         Established Place of Business for Safety/Emissions Inspection:  A permanent structure owned either in fee or leased by a licensee, which has sufficient space to test and inspect one or more motor vehicles for which an inspection is being sought and to accommodate the office or offices of an authorized station to provide a safe place for maintaining the records of such authorized station, and at which location the business shall be open during normal business hours to conduct safety inspections and  emissions tests and make available to authorized agents of the Division of Motor Vehicles all records and required equipment for examination and testing.

(12)         Exhaust Emissions:  Air contaminants emitted into the atmosphere from any opening downstream from the exhaust parts of a motor vehicle engine.

(13)         Heavy Duty Motor Vehicle:  A motor vehicle which is designed primarily for:

(a)           The transportation of property and which is rated at more than 8,500 GVWR.

(b)           The transportation of persons and which has a capacity of more than 12 persons.

(c)           Use as a recreational motor vehicle which is rated at more than 8,500 GVWR.

(d)           Use as an off-road utility vehicle.

(14)         Inspection:  The safety equipment or emissions inspection of motor vehicles required by G.S. 20, Part 2, Article 3A.

(15)         Inspection Laws:  G.S. 20, Part 2, Article 3A and rules adopted by the Commissioner of Motor Vehicles.

(16)         Inspection/Maintenance (I/M):  A strategy to reduce emissions from in-use motor vehicles by identifying vehicles that need emission related maintenance and requiring that such maintenance be performed.

(17)         Inspection Period:  The period of time a motor vehicle is required to be inspected.  To be a current inspection, a motor vehicle may be inspected up to ninety days prior to the last day of the month in which the registration on the vehicle expires pursuant to G.S. 20-183.4C.  For motor vehicles not previously registered in this State, the inspection period shall be a period of 12 months prior to the application for registration pursuant to G.S. 20, Part 3, Article 3 and G.S. 20-183.4C.

(18)         License: Notwithstanding G.S. 20-4.01(17), the license issued by the Commissioner of Motor Vehicles which is required for a person to operate a safety equipment emission inspection station.

(19)         Light Duty Motor Vehicle: A motor vehicle which is designed primarily for:

(a)           Transportation of property and which is rated at or less than 8,500 GVWR by the manufacturer; or

(b)           Use in the transportation of persons and which has a capacity of 12 persons or fewer.

(20)         Light Transmittance Measuring Device or Light Meter or Unit or Device:  A photometer capable of measuring the net transmittance of a window or windshield for light at 560 nm with a variance of no more than 20 nm.

(21)         Motorcycle:  A motor vehicle as defined under G.S. 20-4.01(22).

(22)         Multipiece Photometer:  A photometer in which the light source and light detector are mechanically separate units that can be positioned on opposite sides of a fixed window or windshield.

(23)         Net Transmittance:  The luminous transmittance over the 560 nm with a variance of 20 nm wavelength range, including the effects of Fresnel (surface) reflections.

(24)         Recreational Motor Vehicle:  A vehicle which is designed primarily to provide temporary or permanent living quarters for travel, camping, or other recreational use.

(25)         Registered Owner of a Vehicle:  The individual, group of individuals, partnership, firm, company, corporation, association, trust, estate, political subdivision, administrative agency, public or quasi-public corporation, or any other legal entity in whose name the license has been issued and whose name appears on the registration for such vehicle.

(26)         Revocation:  Notwithstanding G.S. 20-4.01(36), the termination of a license issued by the Division of Motor Vehicles to a safety equipment emission inspection station.

(27)         Safety Inspection Analyzer:  An approved device used to evaluate and electronically record and transmit safety inspection data to the state.  An approved device is considered a device that meets the certification requirements as defined by the Environmental Management Commission Specifications for the North Carolina Analyzer System.

(28)         Section:  The License and Theft Bureau of the Division of Motor Vehicles.

(29)         Self-Inspector:  A person, firm or corporation so designated by the Commissioner for the purpose of inspecting only those vehicles owned or operated by such person, firm or corporation.

(30)         Standard:  A standard of performance adopted in these Rules.

(31)         Station: A place of business licensed by the Commissioner of Motor Vehicles to conduct inspections of motor vehicles as required by the inspection laws.

(32)         Suspension of Safety/Emission License:  The temporary withdrawal of a license issued by the Division of Motor Vehicles to a safety equipment emission inspection station for a definite period of time.

(33)         Tampering:  Rendering inoperative, or the intentional maladjustment of any device installed on a motor vehicle designed or intended to control the amount of emissions from a vehicle.

(34)         Waiver:  A document issued by the Commissioner of Motor Vehicles or his designated agent exempting a particular motor vehicle from the requirements of the emission inspection.

 

History Note:        Authority G.S. 20-2; 20-39; 20-127; 20-183.2; 20-183.6(a); 20-183.7(a);

Temporary Adoption Eff. November 1, 1995 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. October 1, 1994;

Amended Eff. July 1, 2010; February 1, 1996.

 

19A NCAC 03D .0518      LICENSING OF SAFETY OR EMISSIONS INSPECTION STATIONS

(a)  An application for licensing as a Safety Equipment or Safety Equipment Emissions Inspection Station shall be made on forms furnished by the Division of Motor Vehicles and filed with the License and Theft Bureau.

(b)  An applicant for licensing for a Safety Equipment or Safety Equipment Emissions Inspection Station shall have:

(1)           A specified area used primarily for repair of motor vehicles.

(2)           At least 45 lineal feet of approximately level floor surface at least 10 feet wide when using a light chart for testing lights, or at least 25 lineal feet of approximately level floor surface at least 10 feet wide when using a light testing machine.  Dirt floors are not acceptable.

(3)           Sufficient area enclosed to permit an inspection at all times regardless of weather conditions. Trailers may be inspected outside of the enclosed area as long as attached to prime mover.

(4)           If a light chart is used to check lights, parallel lines at least 3 feet long painted on floor surface 25 feet from the chart.

(c)  An applicant for licensing for a Safety Equipment Inspection Station inspecting only motorcycles shall have:

(1)           A specified area used primarily for repair of motorcycles.

(2)           Sufficient area enclosed to permit an inspection at all times regardless of weather conditions.  Dirt floors are not acceptable.

(3)           If a light chart is used to check lights, parallel lines at least 3 feet long painted on floor surface 25 feet from the chart.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.4;

Eff. October 1, 1994;

Amended Eff. July 1, 2010.

 

19A NCAC 03D .0519      STATIONS

(a)  Licensed stations shall keep the area where vehicles are inspected and the area where inspection records are kept as required by G.S. 20-183.6A(b) free of spills, debris, hazardous materials or obstructions that inhibit proper inspection of vehicles or present a safety hazard for auditors or inspectors of the Division.  All vehicles shall remain in the inspection area during the entire inspection.

(b)  Stations with only a 25 foot lineal inspection lane shall not inspect trucks or other vehicles exceeding that length.

(c)  Stations with mechanical aimers shall not inspect vehicles with headlamps that were not manufactured to be aimed with this device.  These headlamps were manufactured to be aimed with photoelectric eyes, wall charts, computerized headlight test equipment, or on-board headlight aiming devices.

(d)  Stations not equipped with an emission analyzer shall not inspect vehicles which are 1996 or newer gasoline powered motor vehicles registered or based in counties designated as non-attainment for air quality standards by either the North Carolina Department of Environment & Natural Resources or U.S. Environmental Protection Agency.  However, they are permitted to perform the original safety equipment inspections on vehicles 1995 model year or older, diesel powered vehicles, motorcycles, trailers, and new vehicles.

(e)  Each station shall have equipment and tools for carrying out inspections, which include but are not limited to the following:

(1)           1 jack or lift with minimum capacity of 2 tons,

(2)           1 headlight tester, wall chart, or aiming kit adapters to fit all headlights,

(3)           1 workbench,

(4)           1 creeper,

(5)           1 tire tread depth gauge (calibrated in 32nds of an inch),

(6)           Emission Control System Application Manual (current edition),

(7)           1 Emission Analyzer with approved software or 1 Safety Inspection Analyzer with approved software,

(8)           1 Active telephone line with jack.

(f)  Each station inspecting only motorcycles shall have equipment and tools for carrying out inspections, which include but are not limited to the following:

(1)           1 jack or lift with minimum capacity of 2 tons,

(2)           1 headlight tester or aiming kit adapters to fit all headlights,

(3)           1 workbench,

(4)           1 tire tread depth gauge (calibrated in 32nds of an inch),

(5)           1 Safety Inspection Analyzer with approved software,

(6)           Active telephone line with jack.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.4;

Eff. October 1, 1994;

Amended Eff. July 1, 2010.

 

19A NCAC 03D .0520      MECHANIC REQUIREMENTS

(a)  An applicant and licensee shall certify that each mechanic meets the requirements as set out in G.S. 20-183.4(c).

(b)  At reasonable times, a certified inspection mec­hanic may be required by authorized law enforcement officers of the Division to demonstrate proficiency and knowledge pertaining to the Safety Equipment or Safety Equipment Exhaust Emission inspection requirements which include completion of an actual or simulated Safety Equipment or Safety Equipment Exhaust Emission Inspection in the presence of any such authorized officer.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.4; 20-183.6A;

Eff. October 1, 1994.

 

19A NCAC 03D .0521      LICENSING REQUIREMENTS

(a)  No application for appointment as a safety equipment or safety equipment exhaust emissions inspection station or self-inspector shall be approved unless the requirements are met as set out in this Section.

(b)  To become a North Carolina Safety Inspector, an individual must attend and pass an eight-hour Safety Inspection Course offered by a North Carolina Community College.  An individual must pass a written examination with a score of no less than 80% correct answers.  An additional eight-hour Emissions Inspection course is required if the individual desires to be licensed as an Emissions Inspector.  This certification process requires­ that a person have the ability to read and write.  No oral exams shall be given as allowed in CFR 51 Part 40.

(c)  Based upon the application and the results of investigations made, each applicant shall be approved or disapproved for licensing.  Each applicant approved shall be notified by mail and furnished without charge the appropriate station license or inspection mechanic license.  Inspection station licenses shall be valid only for the place of business set forth in the application.  Each inspection station shall notify the Division of the name and inspection license number of each inspection mechanic the station employs prior to allowing the inspection mechanic to perform any inspections at that station.  The notice shall be on a form supplied by the Division and shall be endorsed by the station owner and the inspection mechanic.  The notice shall be submitted to the Division by personal delivery to the local Division inspector or by registered or certified mail addressed to the Division's district office for the district in which the station is located.  If any licensed inspection mechanic leaves the employment of a safety equipment station the inspection station shall notify the local Division inspector of that fact in writing within three days after the inspection mechanic's employment is terminated.  An inspection mechanic license shall be valid only for the person in whose name it is issued.  Upon request, the inspection mechanic shall present his license to any Division inspector who is conducting an audit of the mechanic or the station at which the mechanic is employed.

(d)  No Safety Inspection Station shall inspect any gasoline powered vehicle of a 1975 model year or newer excluding the initial year model if the vehicle is registered or based in a county participating in the exhaust emission inspection program unless the station has an exhaust emission analyzer to conduct exhaust emissions inspections. Owners of vehicles registered in a county participating in the exhaust emission program but based and ope­rated outside the county may request in writing on forms furnished by the division an exemption from the exhaust emission inspection.  The forms requesting an exemption shall contain a certification to the effect that the vehicle for which the exemption is requested is registered in an emission inspection county but is permanently based and operated exclusively outside of the county in which it is registered.  The Division shall approve and issue a written exemption for the vehicle upon receipt of an exemption request form that is signed by the vehicle owner.  A new exemption shall be requested and approved in accordance with this Rule for each inspection period. Safety Inspections stations may conduct the safety equipment inspection in the regular manner. Vehicles exempted from exhaust emission inspection because they are based outside of the county participating in the exhaust emission program must have a copy of the approved exemption form in the vehicle at all­ times.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.3; 20-183.4;

Eff. October 1, 1994.

 

19A NCAC 03D .0522      DENIAL, SUSPENSION OR REVOCATION OF LICENSES

(a)  Denial of License:  The Commissioner shall deny the application of any applicant for a safety inspection license or an emissions inspection license who fails to meet the qualifications set out in G.S. 20, Article 3A, Part 2 or the rules in this Section.  Applicants disapproved for licensing shall be notified by mail.  An applicant who submits fraudulent or fictitious information with the application shall be denied a license.  Persons who are denied a license shall be allowed a hearing in accordance with G.S. 20-183.8G.

(b)  Suspension or Revocation of License:

(1)           The license of any inspection station violating the rules in this Section or G.S. 20, Article 3A, Part 2 shall be subject to suspension or revocation.  The license of any inspection station shall be subject to suspension or revocation at any time when any of its personnel conducting inspections do not meet the rules in this Section.  Any person, firm, or corporation whose license is suspended or revoked shall not inspect vehicles while its license is suspended or revoked. Every licensee whose license is suspended or revoked or who is assessed a civil penalty or who receives a warning letter from the Division shall be allowed a hearing in accordance with G.S. 20-183.8G.

(2)           Prior to the reinstatement of an inspection station license that has been revoked or suspended, the reinstatement applicant shall demonstrate to the Commissioner or his or her duly authorized agent that its employees have knowledge of the safety equipment or safety equipment exhaust emission inspection procedures and requirements described in the rules in this Section and that the location is mechanically equipped to carry out inspections.

(3)           Prior to the reinstatement of any inspection mechanic license that has been revoked or suspended, the reinstatement applicant shall complete a training course(s) that complies with G.S. 20-183.4(c)(1) and G.S. 20-183.4A(c)(2a).  The applicant shall present proof of both course attendance and of passing a written test to the License & Theft Bureau Inspections Unit.

(4)           Motorists assessed civil penalties or fines shall be allowed a hearing in accordance with G.S. 20-183.8G. Motorists requesting a hearing shall mail a written hearing request to the Commissioner of Motor Vehicles, 3101 Mail Service Center, Raleigh, NC 27699-3101.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.8D; 20-183.8A; 20-183.8G;

Eff. October 1, 1994;

Amended Eff. November 1, 2016.

 

19A NCAC 03D .0523      OPERATION OF SAFETY OR EXHAUST EMISSIONS INSPECTION STATIONS

(a)  Posting information:

(1)           Each station shall display in a conspicuous place the following:

(A)          Official Safety Equipment or Safety Equipment Exhaust Emissions Inspection Procedure Poster;

(B)          Safety Equipment or Safety Equipment Exhaust Emissions Inspection Station License;

(C)          All inspection mechanic licenses issued by North Carolina Division of Motor Vehicles;

(D)          On the outside of its building or immediately adjacent thereto a sign in block letters at least four inches in height bearing the words: OFFICIAL INSPECTION STATION.

(2)           Station licenses shall be posted in a frame under glass.

(b)  Periodic Requirements for Licensed Inspection Mechanic.  At reasonable times, licensed inspection mechanics may be periodically required by authorized law enforcement officers of the Division to demonstrate knowledge pertaining to the Safety Equipment or Safety Equipment Exhaust Emissions inspections in the presence of any such authori­zed officer.

(c)  Location.  Inspections shall be conducted only at the location shown on the inspection station's license and only in the designated inspection area.  Trailers may be inspected outside of inspection area as long as they are attached to the engine unit.

(d)  Vehicle presented to be inspected.  Each station shall inspect any vehicle presented for inspection according to the year model, and type of engine except as provided in this section or when exempted from the emissions inspection by a waiver issued by the Commissioner of Motor Vehicles or his designated agent.

(e)  Repairs.  Inspection stations shall not in any manner attempt to require owners or operators of disapproved vehicles to have the vehicles repaired at the inspection station.  The repairs necessary for approval may be made at any place chosen by the owner or operator of the vehicle.  Permission must be obtained before making any repairs or adjustments.  Requiring unnecessary repairs is prohibited.

(f)  Hours of operation.  Each licensed public station must be open for at least eight normal business hours, five days per week.  Official State holidays are excepted.  A licensed inspection mechanic shall be on duty to conduct inspections during the hours specified.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.4;

Eff. October 1, 1994.

 

19A NCAC 03D .0524      INSPECTION STICKERS

(a)  Acquisition:

(1)           Licensed safety equipment or safety equipment exhaust emission inspection stations and self-inspectors shall procure stickers from the Division of Motor Vehicles and from no other source.

(2)           Orders for stickers shall be placed with a local agent of the Enforcement Section.  Requests for stickers shall be accompanied by proper remittance.  For safety equipment inspection stickers the amount of one dollar ($1.00) per sticker shall be required.  For safety equipment exhaust emission stickers, two dollars and forty cents ($2.40) per sticker shall be required.  Orders for windshield stickers shall be placed in units of 50.  Orders for motorcycles/trailers and non-winds­hield safety equipment exhaust emission inspection stickers shall be placed in units of ten.  Safety Equipment or Safety Equipment Exhaust Emission Windshield Inspection Stickers shall be issued in books of 50.

(3)           Orders placed in person at the local office of the Enforcement Section shall be accompanied by written authorization from the station to which the stickers are to be issued, upon forms furnished by the Division, if the order is placed by other than the person in whose name the station is licensed.

(4)           All licensed stations shall keep inspection stickers and numeral inserts on hand at all times.

(5)           Licensed inspection stations and self-inspectors shall, upon request, be furnished forms required to be used by the rules in this Section.  DMV Enforcement shall furnish forms to licensed inspection stations and self-inspectors.

(b)  Application:

(1)           The inspection sticker shall be affixed only to vehicles inspected and approved in accordance with these Rules and G.S. 20, Article 3A, Part 2. Stickers must be affixed to approved vehicles within the inspection area of the inspection station by the person conducting the inspection.  The number of the sticker shall be recorded on the receipt and statement.  No person shall furnish, give, lend, or sell to any owner or operator of a motor vehicle or­ to any other person, or place in or on any vehicle an inspection sticker unless such vehicle has been inspected and approved in accordance with these Rules and G.S. 20, Article 3A, Part 2.

(2)           When any motor vehicle to be inspected under the Safety Equipment Act bears a prior inspection sticker, such prior inspection sticker may not be removed from the vehicle until such vehicle has passed inspection, is approved, and is ready to have the new sticker affixed.  If the vehicle being inspected is rejected, the old sticker is to remain affixed until the defects causing rejection have been corrected and the vehicle has been reinspected and approved.  Every licensed inspection mechanic upon approving any motor vehicle shall remove the prior inspection sticker before affixing the new inspection sticker.

(3)           An inspection sticker shall be placed upon the approved vehicle on the inside of the windshield at the bottom of the left side so that the left edge of the sticker is no more than one inch from the left edge of the windshield.  For vehicles without windshields the motorcycle/trailer or non-windshield safety equipment or safety equipment exhaust emission sticker shall be used.  The sticker shall be placed on the left side of the vehicle as near as possible to the front.  Prior to affixing the­ windshield type sticker the inspection mechanic shall attach to the sticker the appropriate numeral inserts indicating the month and year of expiration.  The inspection mechanic shall enter on the sticker in the appropriate spaces the date of inspection, the odometer mileage as taken from the vehicle at the time inspection is performed, the inspection mechanic's name, and the inspection station's license number.  This information shall be entered on the windshield type inspection sticker with a­ ball point pen or a laundry marking pen.  Glass/plastic windshields require a platform to prevent damage to the windshield.  The inspection sticker shall be affixed to the platform; when the sticker is removed from the windshield it shall no longer be valid.  Prior to affixing the motorcycle/trailer or non-windshield safety/emission sticker the inspection mechanic must punch the inspection sticker with a 1/4 inch punch indicating the month inspection performed and year of expiration.

(4)           All safety equipment or safety equipment exhaust emission inspection stations shall be issued two types of stickers.  The stickers shall be of different color and shall be affixed to the proper vehicle according to the type of inspection required.

(5)           The following tables indicate month and year of inspection:

Month Number Inserts:                                                      Year Number Inserts:

1  vehicle inspected in January                                        95 vehicle inspected in 1994

2  vehicle inspected in February                                       96 vehicle inspected in 1995

3  vehicle inspected in March                                           97 vehicle inspected in 1996

4  vehicle inspected in April                                               98 vehicle inspected in 1997

5  vehicle inspected in May                                              99 vehicle inspected in 1998

6  vehicle inspected in June                                               00 vehicle inspected in 1999

7  vehicle inspected in July                                                01 vehicle inspected in 2000

8  vehicle inspected in August                                           02 vehicle inspected in 2001

9  vehicle inspected in September                                    03 vehicle inspected in 2002

10  vehicle inspected in October                                       04 vehicle inspected in 2003

11  vehicle inspected in November                                  05 vehicle inspected in 2004

12  vehicle inspected in December                                   06 vehicle inspected in 2005

(c)  Control:

(1)           Licensed inspection stations and self-inspectors are strictly accountable for inspection stickers in their possession.  Any licensed inspection station losing or not accounting for any inspection sticker shall be subject to revocation or suspension of inspection station license as provided by these Rules. Stickers shall be locked in a safe place to guard against loss or theft.

(2)           Upon discovery of a loss or theft of any inspection stickers, station owners and self-inspectors must as soon as practicable report such loss or theft to the Enforcement Section, Motor Vehicles Building, 1100 New Bern Avenue, Raleigh, North Carolina, 27697. Oral reports shall be made upon discovery of loss or theft by the quickest means available to the local Enforcement Section Inspector.

(3)           Inspection stations and self-inspectors shall not furnish, give, loan or sell inspection stickers to any other licensed inspection station or self-inspector.

(4)           Inspection stickers shall not be transferred or reissued.  They shall only be affixed to the vehicle as designated on the receipt and statement, and only when a complete inspection of the vehicle confirms it meets requirements for approval.

(5)           Each inspection station and self-inspector shall protect stickers from larceny or damage.  No refund shall be allowed for stolen, soiled, lost, or torn stickers and the count of the Division for returned stickers shall be accepted as final.  All unused stickers must be accounted for.  A refund shall be made for expired motorcycle/trailer stickers.  A request for refund along with unused stickers must be mailed to the Enforcement Section, Division of Motor Vehicles­, 1100 New Bern Avenue, Raleigh, North Carolina, 27697, between January 1st and January 31st of the following year. Refunds shall not be permitted for expired stickers postmarked after January 31st.  Unused stickers for which a refund is not requested must be retained in a safe place until audited and destroyed by an agent of the Enforcement Section.

(6)           All inspection supplies, unused stickers, copies of receipts and statements pertaining to the issuance of stickers, all bulletins and all forms issued by the Division of Motor Vehicles pursuant to the carrying out of the Motor Vehicle Inspection Program are the property of the Division of Motor Vehicles and shall be treated as such by any inspection station.  Upon suspension or revocation of any safety equipment or safety equipment exhaust emission inspection station license or whenever any licensee voluntarily surrenders such license or ceases to do business, all items held by such licensee in carrying out the inspection shall be surrendered to the Division of Motor Vehicles.  Such items shall be inventoried by the designated agent of the Division of Motor Vehicles and shall be­ receipted upon surrender.  Refunds for unused stickers shall be made by check from the Division of Motor Vehicles in Raleigh.

(d)  Requirement of records:

(1)           Monthly report forms.  Each licensed safety equipment inspection station and each licensed safety equipment self-inspector shall maintain at the station a monthly inspection report sheet listing the beginning and ending numbers for each series of stickers issued for vehicles inspected upon forms furnished by the Division.  A total of all defects and repairs and charges listed on the receipt and statements shall be recorded in the appropriate column of the monthly inspection report.  This report shall be completed in duplicate and the original forwarded to the Enforcement Section, North Carolina Division of Motor Vehicles, monthly on or before the 10th of the month following the month for which it was completed.  The second copy shall be retained by the station for a period of at least 18 months.

(2)           Receipt and statement.  Licensed Safety Equipment or Safety Equipment Exhaust Emission inspection stations shall furnish the operator of each vehicle inspected the original copy of the "Receipt and Statement" indicating that the vehicle has been inspected and indicating thereon the items approved or disapproved.  The second copy shall be retained by the inspection station for at least 18 months following the inspection.

(3)           Records available.  Each safety equipment or safety equipment exhaust emission inspection station shall maintain records required and such records shall be made available for inspection by any law enforcement officer, upon demand, during normal business hours.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.6A;

Eff. October 1, 1994.

 

19A NCAC 03D .0525      PRE-INSPECTION REQUIREMENTS

Prior to performing an inspection, the inspection mechanic shall:

(1)           Have all occupants leave the vehicle.

(2)           Require the operator to produce the current registration card to the vehicle.

(3)           Print or write legibly, use a ball point pen, and list the license plate number, serial number, mileage, number of cylinders, make, year and other required information for the vehicle on the Receipt and Statement (Form No. SI-15) if the inspection is performed by the safety equipment inspection mechanic.  If the vehicle does not have a license plate, "none" shall be indicated.  If inspected for a dealership, the dealer sticker number shall be indicated.

(4)           Enter all information if the inspection is performed by the safety equipment exhaust emission inspection mechanic as requested by the analyzer.  All vehicle identification numbers entered into the NCAS-90 analyzer shall be entered through a "one-dimensional" (ID) bar-code scanner capable of reading vehicle identification numbers and information printed on vehicle registration cards.  A station's failure to maintain an operating bar-code scanner shall result in DMV suspending a station's inspection operations until the station has a properly functioning bar-code scanner.  In the event the vehicle identification number is not readable by the bar-code scanner or is not printed on the registration card, the station shall enter the information by scanning the public vehicle identification number through the vehicle windshield or off of the driver side door or door post.  If the vehicle identification number cannot be scanned through any of the methods listed in this rule, it may be manually entered by entering the vehicle identification number correctly twice through manual keyboard entry.  Stations must achieve a match rate to the registration data base of 95% or greater.  Failure to maintain a 95% match rate for more than three months of a calendar year shall result in a Type II penalty.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.2; 20-183.6A;

Eff. October 1, 1994;

Codifier determined that agency did not meet criteria for temporary rule Eff. September 24, 1997;

Temporary Amendment Eff. November 1, 1997;

Amended Eff. August 1, 1998.

 

19A NCAC 03D .0526      SAFETY EQUIPMENT GRADING ITEMS

The authorized safety equipment inspection mechanic shall approve or disapprove each inspected item.  The following requirements shall apply:

(1)           If the item inspected is approved, a check shall be placed in the appropriate block as indicated on the SI-15 form.

(2)           If the item inspected is not approved, an "X" shall be placed in the appropriate block as indicated on the SI-15 form.

(3)           If the disapproved item is corrected during inspection, the appropriate block in "corrected during inspection" shall be checked as indicated on the SI-15 form.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.2; 20-183.4D; 20-183.6A;

Eff. October 1, 1994.

 

19A NCAC 03D .0527      EXHAUST EMISSION CONTROLS TAMPERING CHECK

The authorized safety equipment exhaust emission inspection mechanic must approve or disapprove each inspected item.  The following requirements as listed on the SI-15, which is the receipt and statement form, shall apply:

(1)           Not applicable - This block shall be checked if the vehicle inspected was not originally equipped with the emission control devices as listed.

(2)           Connected - This block shall be checked if the vehicle is equipped with the item and it is connected and in an operable condition.

(3)           Disconnected - This block shall be checked if the required emission equipment has been disconnected, removed or made inoperable.

(4)           Corrected - This block shall be checked if the emission equipment which was disconnected or inoperable is repaired or replaced.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.4D; 20-183.5;

Eff. October 1, 1994.

 

19A NCAC 03D .0528      SAFETY EQUIPMENT EXHAUST EMISSION INSPECTIONS

Safety equipment exhaust emission inspection mechanic shall enter the following information into the analyzer:

(1)           For those items which are inspected and approved, the letter "P" for passed shall be entered.

(2)           For those items which are inspected and disapproved, the letter "F" for failed shall be entered.

(3)           For those items which were disapproved and corrected, the letter "C" for corrected shall be entered.

(4)           For those items which do not apply to the vehicle inspected, the letter "N" for not applicable shall be entered.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.2; 20-183.4D; 20-183.6A;

Eff. October 1, 1994.

 

19A NCAC 03D .0529      CERTIFICATION

When the vehicle has been approved, the Inspection mechanic shall:

(1)           Prepare the appropriate sticker (safety equipment or safety equipment/exhaust emission) for affixing to the vehicle.

(2)           Remove the old inspection sticker from the windshield.

(3)           Follow the instructions on the "Inspection Sticker."

(4)           Place the "Inspection Sticker" on the inside of windshield at the bottom of the left side so that the edge of the sticker is no more than one inch from the left side of the windshield.  Platforms are required for glass-plastic windshields.

(5)           For vehicles without windshields, issue motorcycle/trailer stickers or non-windshield safety/emission stickers.  The sticker shall be placed on the left side of vehicle as near the front as possible.

(6)           List the total inspection repair charges made, if any, on the "Receipt and Statement" form along with the serial number of the inspection sticker which was attached to the inspected vehicle.  A Safety Equipment Exhaust Emission inspection mechanic must enter all required information into the analyzer.

(7)           Collect fees as described in G.S. 20-183.7.

(8)           Sign and give the original of the "Receipt and Statement" form to the operator or owner.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.4D; 20-183.7;

Eff. October 1, 1994.

 

19A NCAC 03D .0530      DISAPPROVAL

If a vehicle inspected is disapproved, the inspection mechanic at the end of the total inspection shall advise the owner or operator of the defect or defects found during the inspection.  Repairs may only be made at the request of the owner/operator.  Upon completion of authorized repairs, the inspection mechanic shall follow the certification process.  If the owner or operator requests the repairs to be made at some other location, then the inspection mechanic conducting the inspection shall:

(1)           Complete the "Receipt and Statement" showing the vehicle was "disapproved" and signed by the inspection mechanic.

(2)           Collect fees as prescribed in G.S. 20-183.7.

(3)           After giving the owner or operator the original copy of the "Receipt and Statement" explain to the owner/operator he has 30 days to bring the vehicle back to the inspection station for reinspection at no charge when the vehicle was disapproved for either safety or emissions defects.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.4D; 20-183.5;

Eff. October 1, 1994.

 

19A NCAC 03D .0531      REINSPECTION

(a)  Payment of the inspection fee at the time of the original inspection by the owner or operator of a "disapproved" vehicle entitles the vehicle to reinspection, free of charge, by the initial inspection station.

(b)  If the vehicle is approved following reinspection, the inspection mechanic shall check the appropriate block in the "Reinspected and Approved" column on the SI-15 (Receipt and Statement form), and indicate the date of reinspection.  The inspection mechanic shall issue the correct "Inspection Sticker" and collect the sticker fee as prescribed in G.S. 20-183.7.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.3(c); 20-183.7;

Eff. October 1, 1994.

 

19A NCAC 03D .0532      BRAKES

No vehicle brakes shall be approved for an inspection sticker unless the items indicated in this Rule  are inspected and found to meet the minimum requirements established in G.S. 20-124 and this Rule.

(1)           Footbrakes shall not be approved if:

(a)           When applying brakes to moving vehicle, braking force is not distributed evenly to all wheels originally equipped with brakes by the manufacturer.  (The inspection mechanic must drive vehicle to make this test.  The inspector may check the brakes while driving vehicle forward into the inspection area.)

(b)           There is audible indication (metal on metal) that the brake lining is worn to the extent that it is no longer serviceable.  (The wheel must be pulled and the brake lining examined when this occurs.)

(c)           Pedal reserve is less than 1/3 of the total possible travel when the brakes are fully applied, or does not meet the manufacturer's specification for power brakes or air brakes.

(d)           The reservoir of the master cylinder is not full.  (Only brake fluid meeting SAE specifications for heavy duty hydraulic brake fluid shall be used when adding or changing brake fluid.)

(e)           There is a visible leakage or audible seepage in hydraulic, vacuum or air lines and cylinders, or visible cracked, chafed, worn, or weakened hoses.

(f)            The vehicle has any part of the brake system removed or disconnected.

(g)           The brake pedal moves slowly toward the toeboard (indicating fluid leakage) while pedal pressure is maintained for one minute.

(2)           Inspection mechanics are not expected to remove wheels in order to inspect the brakes.  (Except as provided in Sub-item (1)(b) of this Rule.)  Inspection mechanic must raise vehicle to get beneath to check underside.

(3)           Handbrakes (auxiliary, parking or holding) shall not be approved if:

(a)           There is no lever reserve when the brake is fully applied.

(b)           Cables are visibly frayed or frozen, or there are missing or defective cotter pins or broken or missing retracting springs or worn rods or couplings.

(c)           The operating mechanism, when fully applied, fails to hold the brakes in the applied position without manual effort.

(d)           When emergency or handbrakes are applied they fail to hold vehicle.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.3(1);

Eff. October 1, 1994.

 

19A NCAC 03D .0533      LIGHTS

(a)  Headlights shall conform to the requirements of G.S. 20-129(b) and (c).  Headlights shall not be approved if:

(1)           There are not at least two headlamps (at least four on dual headlamp systems which require four units) on all self-propelled vehicles except that motorcycles and motor driven cycles need only one.

(2)           The lens produces other than a white or yellow light.

(3)           Any lens is cracked, broken, discolored, missing, or rotated away from the proper position, or any reflector is not clean and bright.

(4)           The high beam-low beam dimmer switch does not operate properly or the high beam indicator light does not burn on vehicles manufactured after January 1, 1956.

(5)           Lights can be moved easily by hand, due to a broken fender or loose support, or if a good ground is not made by the mounting.

(6)           Foreign materials (such as shields, half of lens painted) are placed on the headlamp lens that interferes with light beam of lamp.

(7)           Lights are improperly aimed.  (A light testing machine or light testing chart shall be used to determine this.)

(8)           Lights project a dazzling or glaring light when on low beam.

(b)  Rear Lights shall conform to the requirements of G.S. 20-129(d).  Taillights shall not be approved if:

(1)           All original equipped rear lamps or the equivalent are not in working order.

(2)           The lens is cracked, discolored, or of a color other than red.

(3)           They do not operate properly and project white light on the license plate.

(4)           They are not securely mounted.

(c)  Stoplights shall conform to the requirements of G.S. 20-129(g).  A stoplight shall not be approved if:

(1)           The lens is cracked, discolored or of a color other than red or amber.  Minor cracks on lenses shall not lead to disapproval unless water is likely to short out the bulb.

(2)           It does not come on when pressure is applied to foot brake.

(3)           It is not securely mounted so as to project a light to the rear.

(d)  Vehicles shall have the lights as required by G.S. 20-129.1.

(e)  Parking lights shall conform to the requirements of G.S. 20-134.  A vehicle shall not be approved if parking lights are not working.

(f)  Back-Up Lamps.  Any motor vehicle may be equipped with not more than two back-up lamps either separately or in combination with other lamps but any such back-up lamp shall not be lighted when the motor vehicle is in a forward motion nor shall the back-up lamp emit any color other than white.  A back-up lamp is not a mandatory requirement.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.3;

Eff. October 1, 1994.

 

19A NCAC 03D .0534      HORN

(a)  The horn shall not be approved if:

(1)           It will not emit a sound audible for a distance of at least 200 feet, or it emits an unusually loud or harsh sound.  Original equipment in working order will meet these requirements.

(2)           It has frayed, broken, or missing wiring; if wiring harnesses are broken or missing; if horn button is not mounted securely and in a position which is easily accessible to the driver; or if the horn is not securely mounted to the motor vehicle.

(3)           Operation of the horn interferes with the operation of any other mechanism.

(b)  Vehicles equipped with sirens shall not be approved unless they are within the class listed in G.S. 20-125(b) as being authorized to­ carry a siren.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.3;

Eff. October 1, 1994.

 

19A NCAC 03D .0535      STEERING MECHANISM

(a)  The inspection mechanic must raise vehicle to get beneath to check steering mechanism.

(b)  The steering mechanism shall not be approved if:

(1)           With front wheels in straight ahead position there is more than three inches of free play in steering wheels up to 18 inches in diameter or more than four inches of free play in steering wheels over 18 inches in diameter.  If vehicle is equipped with power steering, the engine must be operating.

(2)           Either front or rear springs are noticeably sagging or broken.

(3)           The front wheels or front end assembly is bent or twisted or bolts, nuts or rivets are loose or missing.

(4)           Power steering system shows visible leaks or the power steering belt is loose or worn.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.3(4);

Eff. October 1, 1994.

 

19A NCAC 03D .0536      WINDSHIELD WIPER

Windshield wipers shall not be approved if:

(1)           The vehicle is not equipped with a windshield wiper or wipers, provided the vehicle has a windshield.

(2)           The wiper or wipers do not operate freely.

(3)           The wiper controls are not so constructed and located that the driver may operate them.

(4)           The wiper or wipers are not adequate to clean rain, snow and other matter from the windshield.

(5)           Parts of blades or arms are missing or show evidence of damage.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.3(5);

Eff. October 1, 1994.

 

19A NCAC 03D .0537      DIRECTIONAL SIGNALS

(a)  G.S. 20-125.1 requires all vehicles except motorcycles beginning with the 1954 models to be equipped with turn signals.

(b)  Vehicles required to have signals shall be inspected and disapproved if:

(1)           Signals are not present and of a type approved by the Commissioner as specified in G.S. 20-125.1. Original directional signals on vehicles manufactured after July 1, 1953, are considered to be of a type approved by the Commissioner.  Such signals shall be those which will allow the operator of the vehicle to clearly show another operator approaching from a distance of 200 feet from the front or rear his intention to turn the vehicle.

(2)           All lights do not operate properly, or if any lenses are broken, missing, or do not fit properly.

(3)           Signal lens color is other than red or amber on the rear and other than white or amber on the front.

(4)           Lamps are not securely mounted or wiring and connections are not in good condition.

(5)           Signals are not visible from front or back due to faulty or damaged mounting or due to manner in which mounted.

(6)           Switch is not so located as to be convenient for the driver to operate and so that its operation does not interfere with operation of other mechanisms.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.3(6);

Eff. October 1, 1994.

 

19A NCAC 03D .0538      TIRES

(a)  A vehicle shall be disapproved if:

(1)           Any tire has cuts or snags that expose the cords.

(2)           Any tire has a visible bump, bulge, or knot apparently related to tread or sidewall separation or partial failure of the tire structure including bead area.

(b)  Tire depth shall be measured by a tread depth gauge which shall be of a type calibrated in thirty-seconds of an inch.  Readings shall be taken in two adjacent tread grooves of the tire around the circumference of the tire.  Readings for a tire with a tread design that does not have two adjacent grooves near the center shall be taken at the center of the tire around the circumference of the tire.  Each tire must be completely lifted from the ground for an inspection to be performed.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.3(7);

Eff. October 1, 1994.

 

19A NCAC 03D .0539      TIRES - DEFINITIONS

As used in this and the preceding Rule, these terms have the following meaning:

(1)           Rim is a metal support for the tire or tire and tube assembly on the wheel.  Tire beads are seated on the rim.

(2)           Bead is that part of the tire which is shaped to fit the rim.  The bead is made of high tensile steel wires wrapped and reinforced by the plies.

(3)           Sidewall is that portion of the tire between tread and bead.

(4)           Cord is made from textile, steel wire strands forming the plies or other structure of the tires.

(5)           Ply is layers of rubber coated parallel cords forming the tire body.

(6)           Rib is the tread section running circumferentially around the tire.

(7)           Groove is the space between two tread ribs.  A tire shall not be approved if there is less than 2/32 inch tread at two or more locations around the circumference of the tire in two adjacent major tread grooves or if the tread wear indicators are in contact with the roadway at two or more locations around the circumference of the tire in two adjacent major tread grooves.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.3(7);

Eff. October 1, 1994.

 

19A NCAC 03D .0540      REAR VIEW MIRRORS

Rear view mirrors shall not be approved if:

(1)           Loosely mounted.

(2)           Forward vision of the device is obstructed by mirror assembly.

(3)           They do not provide a clear view of the highway to the rear.

(4)           Cracked, broken, have sharp edges or can not be cleaned such that rear vision is not obscured.

(5)           Very difficult to adjust or they will not maintain a set adjustment.

(6)           Bus, truck or truck-tractor with a GVWR of 10,001 pounds or more is not equipped with a rear vision mirror on each side.

(7)           Vehicles manufactured, assembled, or first sold after January 1, 1966 are not equipped with outside rear view mirrors on the driver's side.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.3(8);

Eff. October 1, 1994.

 

19A NCAC 03D .0541      EXHAUST EMISSION CONTROLS

(a)  An exhaust emission shall not be approved if the vehicle is a 1968 year model or newer and any of the visible emission control devices placed thereon by the manufacturer are missing, disconnected, made inoperative or have been altered without approval of the Department of Environment, Health, and Natural Resources.

(b)  If the unleaded gas restrictor on a vehicle manufactured after model year 1967 has been altered or removed a new or reconditioned catalytic converter and unleaded gas restrictor must be replaced before the vehicle passes inspection.

(c)  An exhaust system shall not be approved if:

(1)           The vehicle has no muffler.

(2)           The muffler, exhaust or tail pipes have leaking joints.

(3)           The exhaust or tail pipes have holes, leaking seams or leaking patches on muffler.

(4)           The tail pipe end is pinched.

(5)           The exhaust system is equipped with muffler cut-out or muffler by-pass.

(6)           Any part of the system passes through the passenger compartment.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.3(9);

Eff. October 1, 1994.

 

19A NCAC 03D .0542      EMISSIONS CONTROL DEVICE

Pursuant to G.S. 20-183.8A(2), a civil penalty shall be assessed against individuals who instruct or allow a person to remove, disconnect, tamper with, or render inoperable any emissions control device equipped by the manufacturer of any motor vehicle as described in G.S. 20-183.3.  These devices include:

(1)           Catalytic converter,

(2)           Unleaded gas restrictor,

(3)           Air pump system,

(4)           EGR valve,

(5)           PCV valve,

(6)           Thermostatic air cleaner,

(7)           Evaporative emission system,

(8)           Oxygen sensor.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.8A;

Eff. October 1, 1994.

 

19A NCAC 03D .0543      INSPECTION PROCEDURE FOR EMISSIONS EQUIPMENT

(a)  In addition to the required safety inspection, all gasoline-powered motor vehicles which are registered or based in an exhaust emission county and which are 1975 model year or newer shall have an exhaust emission test.  This exhaust emission test is in addition to the safety inspection required in the rules in this Section and shall be administered as a part of the regular inspection only.  The exhaust emission readings resulting from the test must be at or below the standards as set forth in Paragraph (e) of this Rule or a waiver must be issued by the Commissioner of Motor Vehicles or his designated agent as specified in 19A NCAC 3D .0551.  The current year model vehicle shall be subject to the exhaust emissions inspection if presented for reinspection at anytime after the original inspection.

(b)  Vehicles which are purchased in a non-exhaust emission county and which are to be based in an exhaust emission county, shall, within 10 days of purchase, be reinspected in compliance with the Safety Equipment Exhaust Emission requirements.

(c)  The following requirements shall be adhered to by the license inspection station for calibration of the exhaust emission analyzer(s) used for state inspections.  The requirements are:

(1)           Inspections shall be performed only with an analyzer and software which has been certified by N.C. DEHNR.

(2)           All certified analyzers shall automatically require the inspection mechanic to perform a self-calibration and leak test every three days.  If the analyzer does not require a gas calibration/leak test every three days, no additional inspections shall be performed and the DMV Inspector shall be notified.

(3)           All analyzers must be equipped with two tanks of span gases in the following concentrations:

(A)          1.0% carbon monoxide, 6.0% carbon dioxide and 300 PPM Propane;

(B)          4.0% carbon monoxide, 12.0% carbon dioxide and 1200 PPM Propane.

(4)           All analyzer maintenance shall be performed according to the manufacturer's specifications and reported on a maintenance log which shall be maintained at each station.  Items to be recorded include:

(A)          all filter replacements;

(B)          water trap service; and

(C)          any replacement or repair of the probe or sample line.

(5)           Multi Point Calibration Requirements.

(A)          In high-volume stations (those performing 5000 or more tests per year), analyzers shall undergo two point calibrations each operating day and shall continually compensate for changes in barometric pressure.  Calibration shall be checked at least every four hours and the analyzer adjusted if the reading is more than 2% different from the span gas value.  Each time the analyzer electronic or optical systems are repaired or replaced, a gas calibration shall be performed prior to returning the unit to service.

(B)          In high-volume stations, monthly multi-point calibrations shall be performed.  Low-volume stations shall perform multi-point calibrations every six months.  The calibration curve shall be checked at 20%, 40%, 60%, and 80% of full scale and adjusted or repaired to meet specifications listed in 40 CFR Part 51, Appendix D(I)(b)(1) which is hereby incorporated by reference, including all subsequent editions.  This publication is available upon request at no cost from DMV Enforcement, 1100 New Bern Avenue, Raleigh, NC 27697, telephone (919) 733-7872.  The necessary additional calibration gas bottles need not be a permanent part of the analyzer, but the analyzer software must require the periodic multi-point calibration and the analyzer hardware must accept the calibration gas from an external source.

(C)          Gas calibration shall be accomplished by introducing National Bureau of Standards traceable gases into the analyzer either through the calibration port or through the probe.  Span gases utilized for calibration shall be within two percent of the required span points.

(6)           Requirements for keeping and submitting records are as follows:

(A)          Copies of the "Receipt and Statement" shall be removed from the analyzer at the time of download and filed with other business records and kept in sequence for review by the DMV Inspector during his audit.  These copies of the "Receipt and Statement" must be retained for 18 months.

(B)          A monthly report shall be submitted electronically by the analyzer on the date and time specified by the Division.  It is the station's responsibility to connect the analyzer to the proper telephone line and leave the machine properly powered for the telephone transmittal of records on the specified date and time each and every month.  Failure to comply with this requirement may result in the suspension of the station license.

(C)          Station owner(s) shall maintain the printer in a condition so that all copies of the Vehicle Inspection Receipt/Statement are clear and legible.

(d)  The procedures for inspection shall be as follows:

(1)           The vehicle's engine must be at normal operating temperature, and all accessories must be off.

(2)           The exhaust system from the engine manifold to the rear most portion of the tailpipe shall be examined to determine that the exhaust system is free from cracks, holes or dents which would restrict, reduce, allow leakage or any way prohibit the free flow of exhaust from the engine to the rear most portion of the tailpipe.  The Exhaust Emissions Test requires one analyzer probe to be inserted 10" to 16" in the end of tailpipe.  If the exhaust system is defective (leaking joints, holes, leaking seams, or leaking patches) this could interfere with an accurate exhaust emissions reading. A defective exhaust system is a failure item under the safety inspection requirements.

(3)           The inspection mechanic shall conduct the emission test with the use of an exhaust emission analyzer which has met N.C. DEHNR certification and has been approved by the North Carolina Commissioner of Motor Vehicles or his designated agent.  Standards for inspection are found in the publication, "Specification for the North Carolina Analyzer System" which is hereby incorporated by reference, including all subsequent amendments and editions.  This publication is available at no cost from the North Carolina Department of Environment, Health, and Natural Resources, Division of Environmental Management Air Quality Section, Mobile Sources, 15 North West Street, Raleigh, NC 27626, telephone 919-733-1481.

(4)           The emission's test shall be conducted using the following procedures: (All instructions provided by the analyzer must be followed):

(A)          Idle Mode Emission Test:

(i)            Analyzer must be warmed-up.

(ii)           The analyzer shall prompt the inspector to test the vehicle in as-received condition with the transmission in neutral or park.  All accessories shall be turned off and the engine running at normal operating temperature.

(iii)          The inspector shall deploy a tachometer, insert the sample probe into the tailpipe, then the test sequence shall begin.

(iv)          Pre-condition mode shall initiate when engine speed is between 2200 and 2800 RPM and continue for 30 seconds.

(v)           Idle mode test shall start when the vehicle engine speed is between 350 and 1100 RPM.  The mode shall last a minimum of 30 seconds and a maximum of 90 seconds.

(vi)          If the vehicle passes, the reported scores shall be the passing readings.  If the vehicle fails, the inspector shall proceed to the second chance test.

(vii)         Second chance pre-condition mode shall initiate when engine speed is between 2200 and 2800 RPM and continue for 180 seconds.

(viii)        Second chance idle test shall start when the vehicle engine speed is between 350 and 1100 RPM.  The mode shall last for a maximum of 90 seconds.  NOTE: The engine shall be shut off and restarted for 1981-1986 Ford Motor Company products and 1984-1985 Honda Preludes, as instructed by the analyzer.

(ix)          The pass/fail analysis shall begin after an initial time delay of 10 seconds.

(x)           The pass/fail determination is made based on a comparison of the HC and CO readings against the idle emission standards for that particular vehicle.

(B)          The analyzer shall test and disapprove a vehicle when the Carbon Monoxide (CO) or Hydrocarbon (HC) reading of the inspected vehicle is higher than the standards set forth in Paragraph (e) of this Rule.

(e)  The following chart indicates the maximum allowed Emission Standards which became effective April 1,1991:

CARBON MONOXIDE                     HYDROCARBON

      CO STANDARD                           HC STANDARD

VEHICLE CLASS               MODEL YEAR                             AT IDLE (0%)                              AT IDLE (PPM)

Light-duty vehicles                   1975-1977                                      4.5                                                       450

     1978-1979                                      3.5                                                       350

     1980                                                 2.0                                                       250

     1981 & later                                    1.2                                                       220

Heavy-duty vehicles                1975-78                                           5.0                                                       500

     1979 & later                                    4.0                                                       400

(f)  A challenge waiver may be issued by the Commissioner of Motor Vehicles or his designated agent.  If the owner/operator of the vehicle suspects the analyzer is incorrect, he may petition the Division of Motor Vehicles to test the vehicle in question to determine the analyzer's accuracy.  If the test determines the vehicle to be in compliance with the Emission Standards, a challenge waiver shall be issued and the Division shall immediately require an examination of the station analyzer in question and take corrective action.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.3;

Eff. October 1, 1994.

 

19A NCAC 03D .0544      SAFETY INSPECTION OF MOTORCYCLES

(a)  Motorcycle brakes shall fail safety inspection if:

(1)           When applying brakes to moving vehicle, there is insufficient force to stop the vehicle.

(2)           Brakes are worn in such a manner that there is an uneven braking force.

(3)           There is an audible or visual indication that the brake lining is worn to the extent it is no longer serviceable.

(4)           There is less than one-third reserve in either footbrake or handbrake total possible travel when the brakes are fully applied.

(5)           Reservoirs of braking cylinders are not full.

(6)           There is a visible leakage of fluid from any brake line or brake component.

(7)           Handbrake cables are frayed, broken, or frozen or linkage is defective.

(b)  Motorcycle headlamps shall fail safety inspection if:

(1)           Headlamp does not operate properly.

(2)           There are more than two headlamps connected on a single switch.

(3)           Headlamp is cracked or has holes which allow entry of water.

(4)           There is standing water in the headlamp.

(5)           Headlamp is out of proper aim.

(c)  Motorcycle rear lamps shall fail safety inspection if:

(1)           They do not operate.

(2)           Light is a color other than red.

(3)           Light is cracked or broken and allows entry of water.

(4)           There is standing water in the lens.

(5)           Lamp is not securely mounted.

(6)           Wiring is broken or frayed.

(d)  A motorcycle stop lamp shall fail safety inspection if:

(1)           Lamp does not operate when brakes are applied.

(2)           Light is a color other than red or amber.

(3)           Light is cracked or broken or allows entry of water.

(4)           There is standing water in the lens.

(5)           Lamp is not securely mounted.

(6)           Wiring is broken or frayed.

(e)  A motorcycle license plate light shall fail safety inspection if:

(1)           Light does not operate.

(2)           Light does not illuminate the license plate.

(3)           Light is a color other than white.

(f)  A motorcycle horn shall fail safety inspection if:

(1)           The horn does not operate.

(2)           The sound emitted is not audible at 200 feet.

(3)           The horn is not securely mounted.

(4)           The button is mounted so that it can not be easily operated by the driver.

(g)  Motorcycle tires shall fail safety inspection if:

(1)           There is less than two thirty-seconds of an inch of tread at two or more locations around the circumference of the tire in two adjacent major tread grooves, or if the tread wear indicators are in contact with the roadway at two or more locations around the circumference of the tire.

(2)           Cords are exposed at any location on the tire.

(3)           Sidewall is cut, bulging, damaged or is severely cracked due to dry rotting.

(h)  Motorcycle rear view mirrors shall fail safety inspection if:

(1)           The mirrors are missing, broken, or cracked.

(2)           The mirrors are not securely mounted.

(3)           The mirrors will not hold a setting while vehicle is in operation.

(i)  A motorcycle exhaust system shall fail safety inspection if:

(1)           The motorcycle has no muffler.

(2)           The muffler, exhaust or tailpipe have holes, leaking joints, seams, or patches.

(3)           The tailpipe end is pinched.

(4)           The exhaust system is equipped with a muffler cut out or bypass.

(5)           The muffler baffles have been removed or damaged to create a straight pipe.

(j)  A motorcycle steering mechanism shall fail safety inspection if:

(1)           Front shocks are sagging or broken.

(2)           Front end assembly is bent or there are damaged or twisted bolts.

(3)           Front end nuts, bolts, or rivets are loose or missing.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.3;

Eff. October 1, 1994.

 

19A NCAC 03D .0545      INVESTIGATION/AUDITS/ SAFETY OR EXHAUST EMISSIONS INSPECTION STATIONS

(a)  Gas Audit Inspection: A DMV Inspector shall make a check of each station's calibration gas four times a year.  This check is accomplished by measuring the concentration of the certified audit gas on the station's analyzer after calibration with the station's gas.  If an analyzer fails it shall be placed in a lockout position until brought into compliance by the manufacturer and certified by retesting.

(b)  Complaints To Be Investigated: All bona fide complaints received by the Commissioner about any inspection station shall be investigated for the purpose of determining whether there has been a violation of the inspection laws.

(c)  Appropriate Action To Be Taken: When it appears from any investigation that the inspection law, has been violated by an inspection station or its agents or employees, or by a Self-inspector, the Commissioner shall take the appropriate action which may include but is not limited to suspension or revocation of the station's license and inspector certifications.  When any such license is suspended or revoked, the owner of the station shall return the licens­e, all unused inspection stickers, required records and reports and forms and supplies on hand to the Commissioner.

(d)  Report of Undercover Investigation: Periodic checks shall be made by undercover officers of the Division of Motor Vehicles routinely and upon receipt of complaints to determine compliance with inspection laws.  If violations are detected, administrative action shall be taken by the Division of Motor Vehicles against the licensed station and the inspection mechanic.

(e)  Revocation, Suspension or Denial: Any safety equipment or safety equipment exhaust emission inspection station whose license has been revoked or suspended may, prior to such revocation or suspension order being served, request a hearing before the Commissioner and in such cases the hearing shall be held as soon as practicable.  To ensure such an opportunity to the licensee, an agent of the Commissioner shall offer in writing said hearing prior to serving a suspension or revocation order.  If the licensee­ requests a hearing prior to the revocation or suspension order being served, the licensee shall be allowed to continue conducting inspections.  The Commissioner, following such hearing, may rescind, amend or affirm the revocation or suspension order.

(f)  When an authorized agent of the Division of Motor Vehicles Enforcement Section detects a violation, he shall immediately advise the owner/operator to discontinue all inspections/operations until he is in compliance and approved by the Division of Motor Vehicles Enforcement Section Inspector.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.6A; 20-183.8D; 20-183.8E;

Eff. October 1, 1994.

 

19A NCAC 03D .0546      LICENSING TO REPLACE WINDSHIELD INSPECTION STICKERS

Application for authority to replace windshield inspection stickers shall be made on forms furnished by the Enforcement Section of the North Carolina Division of Motor Vehicles and filed at the Motor Vehicle Building, 1100 New Bern Avenue, Raleigh, North Carolina, 27697.  The applicant shall be engaged in the business of replacing windshields.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.6;

Eff. October 1, 1994.

 

19A NCAC 03D .0547      DENIAL/SUSP.OR REVOC/REGISTRATION TO REPLACE WINDSHIELD INSPE. STICKER

(a)  The Commissioner shall deny the application of any applicant for Replacement of Inspection Stickers Upon Replacement of Windshield for Station Registration who fails to meet the following qualifications:

(1)           Permanent established place of business accessible to the Division of Motor Vehicles for audit of records;

(2)           In the business of replacing windshields;

(3)           Not currently under suspension or revocation as either a safety, safety/emissions, or windshield replacement station.

(b)  The registration of any business authorized to replace windshield inspection stickers shall be subject to suspension or revocation for failure to comply with the North Carolina General Statutes or these Rules governing the issuing of replacement inspection stickers and the required reporting procedure.

(c)  Upon suspension or revocation of a registration such business shall surrender all unused inspection stickers to the Division of Motor Vehicles.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.6;

Eff. October 1, 1994.

 

19A NCAC 03D .0548      OPERATION TO REPLACE WINDSHIELD INSPECTION STICKERS

(a)  The business may include a charge to its customer for a replaced windshield sticker of the actual amount paid to the Motor Vehicle Division for such sticker.

(b)  Inspection stickers:

(1)           Acquisition.

(A)          Orders for inspection stickers may be placed with a local agent of the Enforcement Section. Requests for safety inspection stickers must be accompanied by remittance in the amounts required in G.S. 20-183.7.  Orders for stickers shall be placed in units of 50.

(B)          Orders placed for inspection stickers shall be on forms prepared by the Division and shall bear the signature of the owner, partner, officer of the corporation or an authorized representative. Such forms shall upon request be furnished by the Division.  The stickers shall be delivered in a manner determined by the Division.

(C)          All businesses authorized to replace windshield inspection stickers shall keep a supply of inspection stickers and numeral inserts on hand at all times.

(2)           Application of Sticker:  The inspection sticker shall be placed on the new windshield at the bottom of the left side so that the left edge of the sticker is no more than one inch from the left side of the windshield.  Prior to affixing the inspection sticker the appropriate numeral inserts indicating the month and year the vehicle was previously inspected shall be attached.  The person plac­ing this sticker on the new windshield shall enter on such sticker in the appropriate spaces the same date of inspection, odometer mileage and inspection station's registration number as that shown on the sticker attached to the windshield removed.  At the space marked "Inspected By" the registration number assigned to the business replacing the windshield and the initials of the person affixing the sticker shall be entered.  This information shall be entered on th­e sticker with a ball point pen or a laundry marking pen.  Glass/plastic windshields require a platform to prevent damage to the windshield.  The inspection sticker shall be affixed to the platform.  When the sticker is removed it shall be self voiding.

(3)           Control:

(A)          All businesses authorized to replace windshield inspection stickers shall be held strictly accountable for inspection stickers in their possession.  Any such business losing or not accounting for any inspection stickers shall be subject to revocation or suspension of their registration to replace windshield inspection stickers.  Stickers shall be locked in a safe place to guard against loss or theft.

(B)          Upon discovery of a loss or theft of any inspection stickers the person registered must as soon as practicable report such loss or theft to the Enforcement Section, Motor Vehicles Building, 1100 New Bern Avenue, Raleigh, North Carolina, 27697.  Oral reports shall be made upon discovery of loss or theft by the quickest means available to the local Enforcement Inspector.

(C)          Businesses registered to replace windshield inspection stickers shall not furnish, give, loan or sell inspection stickers to any other registered business, inspection station, self-inspector or any other person.

(D)          Inspection stickers shall not be transferred or reissued.  They may only be affixed to the vehicle as designated on the inspection report sheet and only when the windshield has been replaced by the person registered.

(E)           Each registered business shall protect stickers from larceny or damage and no refund shall be allowed for stolen, soiled, lost or torn stickers and the count of the Division for returned stickers shall be accepted as final.  An account must be made for all unused stickers.  Refund shall be made for unused stickers upon termination of registration of such place of business.

(F)           All inspection supplies, unused stickers, copies of receipts and statements pertaining to the issuance of stickers, all bulletins and all forms issued by the Division of Motor Vehicles pursuant to the carrying out of this program are the property of the Division of Motor Vehicles and must be treated as such by the person registered.  Upon suspension or revocation of any registration issued to a business to replace windshield inspection stickers or whenever any person registered voluntarily surrender­s such registration or ceases to do business, all items held by such person registered in carrying out this program shall be surrendered to the Division of Motor Vehicles.  Such items shall be inventoried by the designated agent of the Division of Motor Vehicles and shall be receipted upon surrender.

(4)           Requirements and Records:

(A)          Monthly report forms.  Each registered windshield replacement station shall maintain at the station a monthly report sheet listing the beginning and ending numbers for each series of stickers placed on windshields upon forms furnished by the Division.  This report shall be completed in duplicate and the original forwarded to the Enforcement Section, North Carolina Division of Motor Vehicles, 1100 New Bern Avenue, Raleigh, North Carolina 27697, monthly on or before the 10th of the month following the month for which it was completed.  The second copy shall be­ retained by the station for a period of at least 18 months.

(B)          Registered business which replace windshield inspection stickers shall furnish the operator of each vehicle in which they have replaced a windshield and affixed an inspection sticker an authorized "Receipt and Statement".  This form shall be made in duplicate, upon forms furnished by the Division of Motor Vehicles and a copy shall be retained by the person registered for a period of at least 18 months following the date the sticker is placed on the windshield.

(C)          Records available.  Each windshield replacement station shall maintain records required and such records shall be made available for inspection by any law enforcement officer, upon demand, during normal business hours.

 

History Note:        Authority G.S. 20-2; 20-39; 20-183.6;

Eff. October 1, 1994.

 

19A NCAC 03D .0549      APPROVAL AND DISAPPROVAL OF VEHICLES

Vehicles shall not be disapproved for any reason other than those specified in 19A NCAC 03D .0533 through 03D .0553.

 

History Note:        Filed as a Temporary Adoption Eff. November 1, 1995 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Authority G.S. 20-2; 20-39; 20-127; 20-183.2; 20-183.3; 20-183.6(a); 20-183.7(a);

Eff. October 1, 1994;

Amended Eff. February 1, 1996.

 

19A NCAC 03D .0550      WAIVERS FROM EXHAUST EMISSIONS TEST REQUIREMENTS

(a)  The Commissioner, or Enforcement Section employees who are designated by the Commissioner, may issue a written waiver from the applicable exhaust emissions test standards for any vehicle, except vehicles listed in Paragraph (g) of this Rule, if the waiver issuance criteria have been met.

(b)  A written waiver shall be issued in accordance with this rule upon request when all of the following criteria have been met to the satisfaction of the Commissioner or the designated Enforcement Section employee:

(1)           The vehicle passed the safety portion of the inspection as shown by the vehicle inspection receipt completed by the licensed self-inspector or inspection station that performed the inspection.

(2)           The vehicle failed the exhaust emissions portion of the inspection as shown by the vehicle inspection receipt completed by the licensed self-inspector or inspection station that performed the inspection.

(3)           The vehicle is equipped with each exhaust emissions control device listed in Rule .0543 of this Section, if such device was equipped on the vehicle by the manufacturer.  If the unleaded gas restrictor has been removed or rendered inoperable, the catalytic converter must be replaced.

(4)           Qualifying repairs have been completed on the vehicle within 45 days following the initial failed exhaust emissions inspection.  Proof of repairs must be shown by itemized and dated receipts from the person or business that provided the repair service or parts.  Receipts for parts shall name the part and not just the stock number.  Qualifying repairs means repairs performed on a vehicle for the purpose of repairing the cause of the exhaust emissions inspection failure.  The repairs must be appropriate to the cause of the test failure.  A visual inspection of the vehicle shall be made by the designated Enforcement Section employee to determine if repairs were actually performed if, given the nature of the repair, this can be visually confirmed.

(A)          For pre-1981 model year vehicles, qualifying repairs may be performed by any person, including the vehicle owner.

(B)          For 1981 and later model year vehicles, qualifying repairs must be performed by a person who is professionally engaged in vehicle repairs or who is employed by a business whose purpose is vehicle repair or who possesses a certification from the National Institute For Automotive Service Excellence for emission-related diagnosis and repair.

(5)           The minimum repair expenditure applicable to the vehicle has been met by having qualifying repairs performed on the vehicle.

(A)          For 1975-1980 model year vehicles, the minimum repair expenditure is seventy-five dollars ($75.00).  Only the costs of parts are applied toward the minimum repair expenditure on these vehicles if the repairs are performed by the vehicle owner or by a person who is not professional­ly engaged in vehicle repairs or who is not employed by a business whose purpose is vehicle repair or who does not possess a certification from the National Institute For Automotive Service Excellence for emission-related diagnosis and repair.

(B)          For 1981 and later model year vehicles, the minimum repair expenditure is two hundred dollars ($200.00), including parts and labor costs.

(C)          The cost of repairs to correct or replace emissions control devices that have been removed, disconnected or rendered inoperable shall not be applied toward the minimum repair expenditure for any vehicle, regardless of model year.

(D)          The cost of diagnostic testing to determine whether the vehicle meets exhaust emissions standards shall not be applied toward the minimum repair expenditure.

(E)           Any available warranty coverage on the vehicle must be used to obtain the needed repairs before expenditures may be applied to the minimum repair expenditure.

(6)           The vehicle owner has received a written denial of warranty coverage from the vehicle manufacturer or authorized dealer if the vehicle is within the statutory age and mileage coverage under section 207(b) of the Federal Clean Air Act [42 U.S.C. 754l(b)].

(7)           After qualifying repairs have been completed and within 45 days after failing the initial exhaust emissions inspection, the vehicle failed another exhaust emissions inspection as shown by the vehicle inspection receipt completed by the licensed self-inspector or inspection station that performed the inspection.

(c)  The vehicle owner or person authorized by the owner must request the waiver and present the vehicle and current registration sticker at the Division Enforcement Section office that serves the county in which the vehicle is registered.  The receipts and other documents required by Paragraph (b) of this Rule must be submitted to the designated Enforcement Section employee at the time of the request for a waiver.

(d)  The designated Enforcement Section employee shall review the receipts and documents submitted in connection with the waiver request and shall make a visual inspection of the vehicle to verify that the criteria listed in Paragraph (b) of this Rule have been met.  If the Enforcement Section employee is satisfied that the waiver criteria have been met, the Division must issue a written waiver for the vehicle on a form provided by the Division.

(e)  The vehicle owner or person authorized by the owner must present the waiver to the licensed self-inspector or inspection station that performed the initial safety and exhaust emissions inspection.  The self-inspector or inspection station shall reinspect the vehicle in accordance with the rules under this Section, except for the exhaust emissions portion of the inspection.  The waiver authorization number shown on the written waiver must be entered into the exhaust emissions analyzer.  If the vehicle meets all other requirements of the inspection, the self-inspector or inspection station shall affix a valid inspection sticker to the vehicle which shall expire at the same time it would if the vehicle had passed the exhaust emissions inspection.

(f)  Each self-inspector and inspection station must maintain a copy of the written waivers for vehicles inspected and approved by the station for at least 18 months in the same manner and under the same conditions as other inspection records which are required to be maintained pursuant to G.S. 20-183.6A(b).

(g)  Waivers shall not be issued for any of the following vehicles:

(1)           Vehicles that are owned, operated or leased by a licensed self-inspector;

(2)           Vehicles that are owned or being held for retail sale by a motor vehicle dealer, as defined in G.S. 20-286(11).

 

History Note:        Authority G.S. 20-39; 20-183.5;

Eff. October 1, 1994.

 

19A NCAC 03D .0551      WINDOW TINTING

(a)  All stations performing window tinting inspections shall have a light meter or photometer which has been properly tested and approved by the Commissioner of Motor Vehicles.  Stations which do not have an approved light meter shall not inspect vehicles with applications of after-factory window tinting.  Stations are not required to maintain a light meter in order to perform safety inspections on vehicles without after-factory window tinting.

(1)           The inspection mechanic shall determine if the vehicle has after-factory window tinting prior to beginning the inspection.  The mechanic may use an automotive film check card or knowledge of window tinting techniques to determine if a vehicle has after-factory tint applied to any window of the vehicle.

(2)           If a station determines a vehicle has after-factory window tinting but does not have an approved light meter, the mechanic must inform the customer he is unable to perform the inspection.  The station may not charge for any portion of the inspection.

(b)  All windows with applications of after-factory window tinting shall be inspected with an approved photometer which is properly calibrated and functioning.

(c)  Prior to performing a test on a vehicle, the mechanic shall test the photometer for accuracy by checking the calibration against a reference sample of glass provided by the manufacturer.  If the photometer indicates the device exceeds the net light transmission by + or - three percentage points, the unit shall be considered out of calibration and may not be used until properly calibrated.  The unit's digital display must also be checked to ensure all digital display segments are lit and properly functioning.

(1)           The reference glass sample must be clean and free of dirt prior to performing the calibration check.

(2)           If a reference glass sample has been broken or is missing, the test shall not be performed and the mechanic shall inform the customer he is unable to perform the inspection.

(3)           If a digital display segment is not functioning, the test shall not be performed and the mechanic shall inform the customer he is unable to perform the inspection.  The unit may not be used until it is repaired.

(4)           The windows to be tested shall be clean and free of dirt or moisture.

(d)  The test shall be performed according to the photometer manufacturer's recommendations.

(e)  Window tint shall fail safety inspection if:

(1)           Any window on the vehicle with after-factory tint has a light transmittance of less than 32%.

(2)           The tint on any window is red, yellow, or amber.

(3)           The tint on the windshield extends more than five inches below the top of the windshield or is below the AS1 line of the windshield, whichever measurement is longer.

(4)           The light reflectance of a tinted window is not 20% or less.

(f)  Window tinting on vehicles with after-factory window tint shall not be inspected if the vehicle is exempt from the window tinting restrictions under G.S. 20-127(c).

(g)  The mechanic shall collect the fee as specified in G.S. 20-183.7(a) for performing the inspection.

(h)  The fee for inspecting window tinting may only be charged for vehicles with after-factory tint applied.  If the light transmission exceeds 65%, the vehicle shall not be considered to have after-factory tint and the mechanic shall not charge the fee as specified in G.S. 20-183.7(a).

(i)  Standards for devices used to measure light transmittance through vehicle windshields and windows are as provided in this section.  These standards include but are not limited to portable devices used within the State of North Carolina to measure light transmittance through vehicle windshields and windows pursuant to G.S. 20-127.  These devices shall be provided with a standard reference sample and procedure for taking readings utilizing the reference sample.  The device light source shall be mid-range in the visible spectrum (560nm +/- 20nm) and shall not emit in the ultraviolet and infrared portions of the electromagnetic spectrum.

(j)  The standardization of glass reference samples shall be traceable to the National Institute of Standards and Technology (NIST).

 

History Note:        Filed as a Temporary Adoption Eff. November 1, 1995 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Authority G.S. 20-2; 20-39; 20-127; 20-183.6(a); 20-183.7(a);

Eff. February 1, 1996.

 

19A NCAC 03D .0552      PHOTOMETER DESIGN AND PERFORMANCE REQUIREMENTS

(a)  Multi-piece photometers shall be designed to be operated by one person on front windows, roll-down and non-roll-down side windows, and rear windows with up to 1/4-inch glass thickness.  The multi-piece photometer shall have a three-digit digital readout capable of displaying from 00.0% to 99.9% transmittance with a resolution to the nearest 1/10 of 1%.

(b)  The multi-piece photometer shall incorporate an automatic alignment feature or positive alignment indication such that the alignment of the transmitter and receiver are accomplished either automatically by respective devices or through an electronic noise indicating proper alignment, a light indicating proper alignment, or a feature which prevents readings being taken without the device being properly aligned.  The automatic field of view of the transmitter and receiver shall be large enough to provide a stable and accurate reading of the true net transmittance of the measured window.

(c)  All photometric devices shall maintain unit accuracy within + or - three percentage points of reference samples between ten and seventy percent net light transmission.

(d)  All photometric devices shall have a repeatability of + or - one percentage point from reading to reading.

(e)  If the unit's supply voltage falls below the usable operating range, the device shall produce a low battery indication or fail to perform testing.  Accurate readings must not be affected by the unit's supply voltage.  The unit's power supply shall be capable of producing a minimum of 200 readings before replacement or recharge.

(f)  Photometric devices shall not be affected by light sources other than the unit's  source light.  In addition to physical light barriers such as felt covers, rubber gaskets, the photometer shall include some form of electronic filtration or cancella­tion of any stray or ambient light sources.  Units with readings affected by outside stray or ambient light sources shall not be acceptable.

(g)  Photometric devices shall not be affected by interference generated by electric equipment, tools, or lighting devices.  Readings shall not fluctuate when close to operating electric motors or lighting sources.

(h)  Operating humidity range shall be 0-100% non-condensing.  Operating temperature range shall be zero to 110 degrees F.

(i)  Photometric devices shall incorporate a means of compensating for temperature and humidity changes within the stated ranges of this Rule.  Acceptable units shall be capable of demonstrating both accuracy and repeatability of transmittance readings throughout the operating temperature and humidity ranges under Paragraph (h) of this Rule.

(j)  The multi-piece photometer's transmitter shall have a light source capable of providing a uniform intensity beam that can accommodate the alignment capabilities of the receiver.  Multi-piece photometers shall incorporate a means of self-alignment or positive alignment indication that shall be accomplished when the source and detector units are placed on their respective surfaces of the glazing to be measured as described in Paragraph (a) of this Rule.  The alignment shall be accurate enough to position the detector unit well within the uniform beam of the source.  The result of this alignment feature shall be data that meets the accuracy and repeatability require­ments of this Rule.

(k)  Reference samples shall be glass with a warranted transmittance stability of at least one year.  Reference samples shall provide a uniform surface reading at four points with a variation not to exceed one percentage point as measured by a calibrated spectrophotometer over an indicated range within 560nm with a variance of no more than 20nm.  Reference samples shall be permanently labeled or inscribed with the manufacturer's name, address, and date of calibration.  Manufacturers shall ensure replacement reference samples are available to the consumer within two working days in the event of damage or breakage.

(l)  Photometric devices shall include an all segments display option for testing the unit's LCD display segments.  This test may be performed prior to each reading or through a separate test button.

(m)  Photometric units shall incorporate devices which shall protect the light source and detector from direct contact with environmental elements, dust, grease, and other products commonly associated with automotive repair shops.  These devices shall also prevent the user from directly touching either the light source or detector.

 

History Note:        Filed as a Temporary Adoption Eff. November 1, 1995 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Authority G.S. 20-2; 20-39; 20-127; 20-183.6(a); 20-183.7(a);

Eff. February 1, 1996.

 

19A NCAC 03D .0553      PHOTOMETER COMPLIANCE

(a)  All devices used within the State of North Carolina to measure light transmittance through vehicle windshields or other windows shall as a minimum meet the requirements of Rule .0552 of this Section before being approved for use in enforcing state inspection laws and for law enforcement use throughout the state.

(b)  Manufacturers must submit units for independent laboratory testing to the Commissioner.

(c)  Fees for testing shall either be reimbursed to the Division of Motor Vehicles by the manufacturer or directly to the laboratory by the manufacturer as directed by the Commissioner.

 

History Note:        Filed as a Temporary Adoption Eff. November 1, 1995 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Authority G.S. 20-2; 20-39; 20-127; 20-183.6(a); 20-183.7(a);

Eff. February 1, 1996.

 

SECTION .0600 ‑ WEIGHT OF VEHICLE AND REGISTRATION ENFORCEMENT

 

19A NCAC 03D .0601      VIOLATIONS OF WEIGHT: REGISTRATION OF FUEL TAX LAWS

When a vehicle is found to be in violation of the weight, registration, or fuel tax laws of North Carolina, a Citation and Notice of Assessment shall be issued to the owner of the vehicle by such officers and inspectors of the Division of Motor Vehicles as designated by the Commissioner who shall assess the mandatory penalty or license fees.

 

History Note:        Authority G.S. 20‑1; 20-2; 20-39; 20‑45; 20‑50; 20‑64(a); 20‑72 through 20‑79; 20‑83; 20‑85 through 20‑88; 20‑88.1; 20‑96; 20‑116; 20‑118;

Eff. July 1, 1978;

Amended Eff. January 1, 1994; February 1, 1982.

 

19A NCAC 03D .0602      COLLECTION OF ASSESSMENTS

(a)  A notice of an outstanding or unpaid assessment shall be mailed to the owner of the vehicle by the Division of Motor Vehicles, Enforcement Section Director after 10 days if the assessed taxes or penalties have not been paid.

(b)  If the assessment is not paid, the appropriate procedure(s) listed below is followed:

(1)           A warrant for Collection of Taxes or Penalties shall be filed with the sheriff of the appropriate county where the owner of the vehicle resides or owns real property.

(2)           A Garnishment for Taxes shall be served on the employer of the taxpayer or the bank where the taxpayer has an account.

(3)           A Certificate of Tax Liability shall be filed with the Clerk of Court of the county in which the taxpayer resides or owns real property.

(4)           A Reciprocity Suspension shall be mailed by the Division of Motor Vehicles to the owner of the vehicle for which an outstanding or unpaid assessment exists and a copy of this reciprocity suspension shall be filed with the appropriate department in the appropriate state or jurisdiction in which the taxpayer has vehicles registered.

(c)  When the assessment is paid, a Certificate of Satisfaction shall be filed with the Clerk of Court in the county where the Certificate of Tax Liability was filed.  When an assessment is paid where reciprocity has been suspended, the reciprocity shall be restored by notifying the owner of the vehicle by mail of the restoration of reciprocity and by notifying the proper authority in the appropriate state by mail.

 

History Note:        Authority G.S. 20‑1; 20-2; 20-39; 20‑49; 20‑91.1; 20-96; 20‑99;

Eff. July 1, 1978;

Amended Eff. January 1, 1994; February 1, 1982.

 

19A NCAC 03D .0603      WEIGHING VEHICLES WITH PORTABLE SCALES

 

History Note:        Authority G.S. 20‑1; 20‑118.1;

Eff. July 1, 1978;

Amended Eff. February 1, 1985; February 1, 1982; April 11, 1980;

Repealed Eff. November 1, 1991.

 

19A NCAC 03D .0604      RECIPROCITY AGREEMENTS

 

History Note:        Authority G.S. 20‑1; 20‑2; 20‑4.1 through 20‑4.12; 20‑39; 20‑84.2;

Eff. February 1, 1982;

Repealed Eff. January 1, 1994 pursuant to 1991 S.L., c. 477, s. 3.

 

SECTION .0700 ‑ APPROVAL OF MOTOR VEHICLE SAFETY EQUIPMENT

 

19A NCAC 03D .0701      VEHICLE EQUIPMENT APPROVAL

(a)  The Enforcement Section is responsible for issuing certificates of approval for all motor vehicle safety equipment that requires the approval of the Commissioner of Motor Vehicles.

(b)  Anyone wishing to know if an item requires the commissioner's approval may contact the Enforcement Section, Division of Motor Vehicles, 1100 New Bern Avenue, Raleigh, North Carolina for the information.

(c)  If the equipment requires the commissioner's approval, and an individual wishes to know if a particular brand name item is approved, he may also contact the Enforcement Section, Division of Motor Vehicles, 1100 New Bern Avenue, Raleigh, North Carolina for a listing of approved manufacturers of this piece of safety equipment.

 

History Note:        Authority G.S. 20‑1; 20‑124(f),(h); 20‑125(a) through (c); 20‑125.1(a),(b); 20‑126(a) through (c); 20‑127(b); 20‑129(a) through (d),(f),(g); 20‑129.1(7),(8); 20‑130(a); 20‑131(a) through (d); 20‑135(c); 20‑135.1(a); 20‑135.2(a),(b); 20‑135.3; 20‑137.1(a);

Eff. February 1, 1982;

Amended Eff. January 1, 1994; November 1, 1991; August 1, 1982.

 

19A NCAC 03D .0702      INFORMATION FOR MANUFACTURER

 

History Note:        Authority G.S. 20‑1; 20‑124(f),(h); 20‑125(a) through (c); 20‑125.1(a),(b); 20‑126(a) through (c); 20‑127(b); 20‑129(a) through (d),(f),(g); 20‑129.1(7),(8); 20‑130(a); 20‑131(a) through (d); 20‑135(c); 20‑135.1(a); 20‑135.2(a); 20‑135.3;

Eff. February 1, 1982;

Amended Eff. November 1, 1991;

Repealed Eff. January 1, 1994.

 

19A NCAC 03D .0703      REQUIRED LIGHTING EQUIPMENT FOR HOUSE TRAILERS

Every house trailer, mobile home, modular home, or structural component thereof shall have two stop lamps, one on each side of the vertical centerline, at the same height and, as far apart as practicable; two tail lamps, one on each side of the vertical centerline, at the same height, and as far apart as practicable; and two red reflex reflectors, one on each side of the vertical centerline, at the same height, and as far apart as practicable; and two turn signal lamps, one on each side of the vertical centerline, at the same height, and as far apart as practicable while the vehicle is in intrastate transit.  The lighting equipment may be attached by means of a harness removable upon completion of transit.

 

History Note:        Authority G.S. 20‑1; 20‑129.2;

Eff. February 1, 1982;

Amended Eff. January 1, 1994; November 1, 1991.

 

19A NCAC 03D .0704      IDENTIFICATION DECAL

An owner of a privately registered vehicle who is issued an identification decal permitting a vehicle to enter a secured or private area, such as a military base, a place of employment, or a parking lot, may affix the decal to the interior surface of that vehicle's windshield provided that the decal does not exceed four inches in width and three inches in height and that it be placed in the lower right corner of the windshield as near as practical to the lower edge of the windshield with the right edge of the decal against the far right frame of the windshield.

 

History Note:        Authority G.S. 20‑127(a);

Eff. July 1, 1983.

 

section .0800 - SAFETY RULES AND REGULATIONS

 

19A NCAC 03D .0801      SAFETY OF OPERATION AND EQUIPMENT

 

History Note:        Authority G.S. 20-17.7; 20-21; 20‑37.22; 20-96; 20‑183.2(a); 20-381;

Eff. December 1, 1983;

Amended Eff. November 1, 1991; October 1, 1991;

Temporary Amendment Eff. February 1, 1992 for a Period of 180 Days to Expire on July 30, 1992;

Temporary Amendment Eff. March 30, 1992 for a Period of 180 Days to Expire on September 26, 1992;

Amended Eff. August 3, 1992; July 1, 1992;

Temporary Amendment Eff. December 1, 1999;

Amended Eff. August 1, 2002; April 1, 2001;

Temporary Amendment Eff. August 6, 2002;

Amended Eff. August 1, 2004;

Transferred and recodified to 14A NCAC 09J .0101 Eff. March 23, 2009.

 

19A NCAC 03D .0802      HAZARDOUS MATERIALS

 

History Note:        Authority G.S. 20-2; 20-381;

Eff. December 1, 1983;

Amended Eff. April 1, 2001; January 1, 1994;

Transferred and recodified to 14A NCAC 09J .0102 Eff. March 23, 2009.

 

Editor's Note:  19A NCAC 3D.0803 ‑ .0827 have been transferred and recodified to 19A NCAC 3E .0501 ‑ .0525 Eff. January 3, 1996.

 

SECTION .0900 ‑ APPROVAL OF SUN SCREENING DEVICES

 

19A NCAC 03D .0901      PURPOSE AND DEFINITIONS

This Section establishes rules for and provides information for sun screening devices.  The following definitions define terms used in this Section:

(1)           "Sun screening film" means products or materials designed to be used in conjunction with approved vehicle safety glazing materials for the purpose of reducing the effects of the sun.

(2)           "Luminous reflectance" and "light transmittance" as referred to in these Rules are in the visible light range.

(3)           "Reflectance" means the ratio of the amount of total light, expressed in percentages, which is reflected outward by the device to the amount of total light falling on the device.

(4)           "Transmittance" means the ratio of the amount of total light, expressed in percentages, which is allowed to pass through the device including the glazing to the amount of total light falling on the device and the glazing.

(5)           "Manufacturer" means any person engaged in the manufacturing or assembling of sun screening devices designed to be used in conjunction with vehicle glazing materials.

 

History Note:        Authority G.S. 20‑39; 20‑127;

Eff. January 1, 1988;

Amended Eff. January 1, 1994.

 

19A NCAC 03D .0902      TESTING AND CERTIFICATION

(a)  Each manufacturer prior to offering for sale tinted sun-screening film to be installed on a motor vehicle shall demonstrate compliance with the applicable requirements of this Rule.  Test specimens of the sun-screening film shall be tested in conjunction with the glazing material of intended use.  The necessary tests shall be conducted by or supervised by a laboratory approved by the Commissioner.

(b)  Testing of the sun-screening film shall be in accordance with the applicable provisions of American National Standards Institute (ANSI) Z26.1-1983; ANSI/ASTM E308-73; ANSI/ASTM E179-73; and ANSI/ASTM C523-68, which are hereby incorporated by reference including all future editions and amendments.

(c)  Each manufacturer prior to offering for sale tinted sun-screening film to be installed shall certify to the Commissioner that the sun-screening film is in compliance with the transmittance and reflectivity requirements of G.S. 20-127.

 

History Note:        Authority G.S. 20‑39; 20‑127;

Eff. January 1, 1988;

Amended Eff. January 1, 1994.

 

19A NCAC 03D .0903      APPLICATION FEE

Each manufacturer applying for approval of a sun screening device shall be registered with the Equipment Approval Unit of the Division of Motor Vehicles.  Testing procedures and results shall be accompanied by the certification referred to in Rule .0902(c) and a fee of twenty‑five dollars ($25.00) in order to review the application materials.

 

History Note:        Authority G.S. 20‑39; 20‑127;

Eff. January 1, 1988.

 

19A NCAC 03D .0904      APPROVAL AND LABELING OF DEVICES

(a)  No devices manufactured with a luminous reflectance of more than 20 percent or a light transmittance of less than 50 percent will be approved for use on vehicles registered in this State.

(b)  After approval of the device by the commissioner, each manufacturer shall provide an approved label with a means for permanent and legible installation between the device and each glazing surface to which it is applied.  Each label shall contain the following information:

(1)           The name and address of the manufacturer;

(2)           The registration number assigned to the device by the Division; and

(3)           The words, "complies with G.S. 20‑127".

(c)  Each manufacturer shall include instructions with the device for proper installation, including the affixing of the label specified in Paragraph (b).  The label shall be placed as required by G.S. 20‑127(d).

 

History Note:        Authority G.S. 20‑39; 20‑127;

Eff. January 1, 1988;

Amended Eff. November 1, 1988.

 

 

 

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.

 

 

 

SUBCHAPTER 3F ‑ COLLISION REPORTS/GENERAL SERVICES SECTION

 

SECTION .0100 ‑ GENERAL INFORMATION

 

19A NCAC 03F .0101       PURPOSE

This Subchapter explains the accident reporting process and establishes rules for the publication of statistics developed from accident reports.

 

History Note:        Authority G.S. 20‑1; 20‑3; 20-39; 20‑166.1; 20‑279.1 through 20‑279.39;

Eff. July 1, 1978;

Amended Eff. November 1, 1991; February 1, 1982.

 

19A NCAC 03F .0102       FORMS

 

History Note:        Authority G.S. 20‑1; 20‑3;

Eff. July 1, 1978;

Amended Eff. February 1, 1982;

Repealed Eff. November 1, 1991.

 

19A NCAC 03F .0103       DRIVER ACCIDENT REPORT

19A NCAC 03F .0104       MEDICAL EXAMINER AUTO FATALITY REPORT

19A NCAC 03F .0105       FORMS

 

History Note:        Authority G.S. 20‑1; 20‑166.1;

Eff. July 1, 1978;

Repealed Eff. February 1, 1982.

 

SECTION .0200 ‑ STATISTICAL DATA ASSEMBLED AND PUBLISHED

 

19A NCAC 03F .0201       TRAFFIC ACCIDENT SUMMARY

(a)  The Collision Reports/General Services Section publishes a summary of motor vehicle traffic accidents monthly and annually.  This publication contains information on all types of motor vehicles, pedestrian and bicycle accidents.  The accidents are categorized by:

(1)           county,

(2)           rural or urban,

(3)           time of day,

(4)           day of week,

(5)           drivers by age and sex.

(b)  The summary is provided to federal and state agencies, officers of the court, the Division of Highways, research institutes and libraries. It is also available to the general public upon request.

 

History Note:        Authority G.S. 20‑1; 20-3; 20-39; 20‑166.1;

Eff. July 1, 1978;

Amended Eff. November 1, 1991; February 1, 1982.

 

19A NCAC 03F .0202       FATAL ACCIDENT REPORTS

The Collision Reports/General Services Section publishes monthly a report on the number of fatal accidents and the number of persons killed in these accidents.  Comparisons are made with information from the prior year.  This report is furnished to officers of the court, the Highway Patrol and the news media.

 

History Note:        Authority G.S. 20‑1; 20-3; 20-39; 20‑166.1;

Eff. July 1, 1978;

Amended Eff. November 1, 1991; February 1, 1982.

 

19A NCAC 03F .0203       SPECIAL HOLIDAY REPORT

Special holiday reports giving information on prior year fatalities, injuries, accidents and driver violations are published by the Collision Reports/General Services Section.  These reports are provided to the National Safety Council and the Highway Patrol and are used by the news media to project accidents over a holiday period.

 

History Note:        Authority G.S. 20‑1; 20-3; 20-39; 20‑166.1;

Eff. July 1, 1978;

Amended Eff. November 1, 1991; February 1, 1982.

 

SECTION .0300 ‑ ADMINISTRATIVE SUPPORT OF HIGHWAY PATROL

 

19A NCAC 03F .0301       HIGHWAY PATROL ACTIVITY REPORTS

 

History Note:        Authority G.S. 20‑1; 20‑3;

Eff. July 1, 1978;

Amended Eff. February 1, 1982;

Repealed Eff. November 1, 1991.

 

19A NCAC 03F .0302       FATAL ACCIDENT REPORTS

19A NCAC 03F .0303       SPECIAL HOLIDAY REPORTS

19A NCAC 03F .0304       FORMS

 

History Note:        Authority G.S. 20‑1; 20‑3; 20‑166.1;

Eff. July 1, 1978;

Repealed Eff. February 1, 1982.

 

SECTION .0400 ‑ ADMINISTRATIVE SUPPORT OF HIGHWAY PATROL

 

19A NCAC 03F .0401       HIGHWAY PATROL ACTIVITY REPORTS

19A NCAC 03F .0402       FORMS

 

History Note:        Authority G.S. 20‑1; 20‑3;

Eff. July 1, 1978;

Repealed Eff. February 1, 1982.

 

SECTION .0500 ‑ ADMINISTRATIVE FORMS

 

19A NCAC 03F .0501       STATISTICAL FORMS

19A NCAC 03F .0502       ACCIDENT REPORTING FORMS

19A NCAC 03F .0503       FINANCIAL RESPONSIBILITY FORMS

 

History Note:        Authority G.S. 20‑1; 20‑3;

Eff. July 1, 1978;

Repealed Eff. February 1, 1982.

 

SECTION .0600 ‑ SAFETY AND FINANCIAL RESPONSIBILITY

 

19A NCAC 03F .0601       PROOF OF FINANCIAL RESPONSIBILITY

(a)  The Division of Motor Vehicles will furnish to vehicle owners or operators appropriate forms to facilitate compliance with Article 9A, Chapter 20 of the General Statutes of North Carolina, the Motor Vehicle Safety and Financial Responsibility Act of 1953.

(b)  Vehicle owners or operators of automobiles involved in an accident may furnish required proof of financial responsibility on documents prescribed by the Division.

 

History Note:        Authority G.S. 20-39; 20‑279.1; 20-279.2; 20-279.3; 20-279.4; 20-279.5; 20-279.6; 20-279.7; 20-279.8; 20‑279.9; 20‑279.10; 20-279.11; 20-279.12; 20-279.13; 20-279.14; 20 279.15; 20-279.16; 20-279.17; 20‑279.18; 20‑279.19; 20-279.20; 20-279.21; 20-279.22; 20 279.23; 20-279.24; 20-279.25; 20-279.26; 20‑279.27; 20‑279.28; 20-279.29; 20-279.30; 20 279.31; 20-279.32; 20-279.33; 20-279.34; 20-279.35; 20‑279.36; 20‑279.37; 20-279.38; 20‑279.39;

Eff. November 1, 1991;

Amended Eff. December 1, 1993.

 

19A NCAC 03F .0602       ADMINISTRATIVE FINANCIAL RESPONSIBILITY HEARINGS

(a)  Any person who has received notice of a driver's license suspension due to an automobile accident for failure to file proof of financial responsibility may request a hearing.

(b)  Request for a hearing must be made in writing to the Division within 15 days from the date shown on the proposed suspension order.

(c)  The receipt of such request will extend the original effective date of the suspension order for 30 days or until the hearing is held.

(d)  The petitioner must furnish the Division with a brief statement of the circumstances of the accident in which he or his vehicle was involved, grounds relied upon to exonerate him from suspension, and a certified copy of any traffic court judgment related to the accident.  This information must be received at the Division at least five days prior to the date fixed for hearing.

(e)  Due process will be satisfied by an inquiry limited to the determination of whether there is a reasonable possibility of a judgment being rendered against the petitioner should he be sued in a civil action and lose his case.  The burden of proof is on the petitioner to demonstrate to the hearings officer that there is no reasonable possibility that a judgment would be rendered against him in a court of law.

(f)  If the hearings officer establishes that liability insurance was in effect on the date of the accident, or that the petitioner has assumed financial responsibility for the damages in the accident, the officer will rescind the Division's prior notice of revocation.

 

History Note:        Authority G.S. 20-39; 20‑279.2; 20‑279.4; 20‑279.5;

Eff. November 1, 1991;

Amended Eff. December 1, 1993.

 

 

 

SUBCHAPTER 3G ‑ SCHOOL BUS AND TRAFFIC SAFETY SECTION

 

SECTION .0100 ‑ GENERAL INFORMATION

 

19A NCAC 03G .0101      PURPOSE

This Subchapter deals with various driver education programs designed to improve driving skills and promote traffic safety.  Rules for commercial driver training schools and school bus driver certification are also established.  The following publications are available from the School Bus and Traffic Safety Section of the Division of Motor Vehicles, 1100 New Bern Avenue, Raleigh, NC  27697:

(1)           Rules Governing the Licensing of Commercial Driver Training Schools;

(2)           Rules Governing the Issuance and Cancellation of School Bus Driver Certificates;

(3)           Schedule of Driver Improvement Clinics.

 

History Note:        Authority G.S. 20‑1; 20‑3; 20‑7(m); 20‑16(c); 20-39(b); 20‑88.1; 20‑218; 20‑320 through 20‑328;

Eff. July 1, 1978;

Amended Eff. December 1, 1993; November 1, 1991; February 1, 1982.

 

19A NCAC 03G .0102      FORMS AND PUBLICATIONS

All forms and publications pertaining to this Subchapter are on file in the Commissioner's Office and are available for inspection during normal working hours.

 

History Note:        Authority G.S. 20‑1; 20-39(b);

Eff. July 1, 1978;

Amended Eff. December 1, 1993; February 1, 1982.

 

19A NCAC 03G .0103      PUBLICATIONS

 

History Note:        Authority G.S. 20‑1; 20‑218;

Eff. July 1, 1978;

Repealed Eff. February 1, 1982.

 

SECTION .0200 ‑ SCHOOL BUS DRIVER TRAINING AND CERTIFICATION

 

19A NCAC 03G .0201      SCHOOL BUS DRIVER TRAINING

19A NCAC 03G .0202      REQUIREMENTS FOR CERTIFICATION

 

History Note:        Authority G.S. 20‑1; 20‑218;

Eff. July 1, 1978;

Amended Eff. February 1, 1982;

Repealed Eff. April 1, 1989.

 

19A NCAC 03G .0203      SCHOOL BUS DRIVER CERTIFICATES ‑ SCOPE OF RULES

The officials of the North Carolina Division of Motor Vehicles recognize the authority of the local school officials of the various county and city administrative units to select, assign, and dismiss school bus drivers.  The rules set out in this Section define the eligibility requirements for certification of school bus drivers as established by the Division of Motor Vehicles and set the standards of performance and conduct necessary to retain certification.

 

History Note:        Authority G.S. 20‑39(b); 20‑218;

Eff. April 1, 1989;

Amended Eff. August 1, 2000; December 1, 1993.

 

19A NCAC 03G .0204      DEFINITIONS OF WORDS AND PHRASES

The following words and phrases when used in the rules set out in this Section shall, for the purposes of the rules set out in this Section, have the meanings respectively prescribed to them, except in those instances where the context clearly indicates a different meaning:

(1)           Conviction‑‑A conviction upon a plea of guilty, or of nolo contendere; or the determination of guilt by a jury or by a court though no sentence has been imposed or, if imposed, has been suspended, and it includes a forfeiture of bail or collateral deposited to secure appearance in court of the defendant, unless the forfeiture has been vacated, and shall include prayer for judgment continued.

(2)           Driver Education Specialist or representative‑‑An employee of the Division of Motor Vehicles whose job title it is and whose primary responsibility is the training and certification of school bus drivers.

(3)           Driving Privilege‑‑The privilege to operate a motor vehicle upon the highways of this state as evidenced by a Class A, B, or C driver license issued by the Driver License Section of the North Carolina Division of Motor Vehicles.

(4)           Moving violation‑‑Any violation of the motor vehicle laws of this state, except:

(a)           Those offenses for which no points may be assessed under the point system specifically set forth in General Statutes 20‑16(c);

(b)           Those equipment violations specified in Part 9 of Article 3 of Chapter 20 of the General Statutes.

(5)           Proximate Cause of an Accident‑‑Any violation of the motor vehicle laws of this state which contributed directly to an accident.  Some violations not involving actual physical driving actions shall not be considered proximate causes although they may be assessed points under the point system specifically set forth in General Statutes 20‑16(c), including but not limited to:

(a)           No driver's license;

(b)           No liability insurance;

(c)           Failure to report an accident;

(d)           No motorcycle endorsement; and

(e)           Other offenses of a like character not involving some actual physical driving action.

(6)           School Bus‑‑Any vehicle, of whatever size and passenger capacity, whose primary and designated purpose is the transportation of school students over an established route to and from school for the regularly scheduled school day and which is equipped with alternately flashing red lights on the front and rear and a mechanical stop signal and which bears the words "School Bus" on the front and rear in letters not less than eight inches in height.

(7)           School Bus and Traffic Safety Section‑‑That section of the North Carolina Division of Motor Vehicles whose primary responsibility is the training and certification of school bus drivers.

(8)           Training Course for School Bus Drivers‑‑The course of study developed by the North Carolina Division of Motor Vehicles which sets forth the rules and laws governing school bus drivers and school bus operation as prescribed by the Division of Motor Vehicles and the State Board of Education.

 

History Note:        Authority G.S. 20‑39(b); 20‑218;

Eff. April 1, 1989;

Amended Eff. December 1, 1993.

 

19a ncac 03G .0205      ISSUING OF ORIGINAL CERTIFICATE

Any applicant for certification as a school bus driver shall meet the following minimum requirements:

(1)           Legal:

(a)           Shall be at least 18 years of age with at least six months driving experience as a licensed operator of a motor vehicle, and shall possess a valid North Carolina driver license of Class A, B, or C.  In the event a prospective driver shall have his place of residence in another state, he may be certified as a school bus driver if he submits a copy of his driving record from the state in which he is licensed before his initial certification.  Also, he must notify both his employer and the N.C. School Bus and Traffic Safety Section within 30 days of a conviction of any moving violation no matter what type of vehicle he was driving.

(b)           Shall within a period of one year (12 months) immediately preceding certification have on his driving record:

(i)            No more than one conviction of any moving violation;

(ii)           No conviction whatever of:

(A)          Reckless driving;

(B)          Speeding in excess of 15 mph above the posted limit; or

(C)          Passing a stopped school bus;

(iii)          No conviction of a moving violation which was the proximate cause of an accident.

(c)           Shall within a period of two years (24 months) immediately preceding certification have on his driving record no suspension or revocation of the driving privilege other than for such status offenses as:

(i)            Lapsed liability insurance;

(ii)           Failure to appear in court;

(iii)          Failure to comply with out‑of‑state citation; or

(iv)          A 30 day revocation not accompanied by a subsequent conviction of driving while impaired.

(d)           Shall within a period of five years (60 months) immediately preceding certification have on his driving record:

(i)            No more than three convictions of moving violations of any kind;

(ii)           No more than two convictions of moving violations which were the proximate causes of accidents;

(iii)          No conviction of driving while impaired;

(iv)          No suspension or revocation of the driving privilege other than for:

(A)          Those status offenses enumerated in Paragraph (c) of this Rule,

(B)          Those offenses enumerated in G.S. 20‑16(a), subsections (9) and (10).

(e)           Shall have on his driving record no more than one conviction of driving while impaired.

(f)            Shall have no "STOP" entry appearing on his driving record at the time of certification.

(g)           Shall have no record of any conviction of a violation of the criminal code greater than a misdemeanor for a period of at least five years immediately preceding certification.  Further, shall never have had in any jurisdiction a conviction of an offense against the public morals, including but not limited to rape and child molestation.

(h)           Shall have a driving record which in its overall character arouses no serious question about the reliability, judgment, or emotional stability of the applicant.

(i)            Shall successfully complete the training course for school bus drivers.

(2)           Physical Standards for School Bus Drivers.  Every school bus driver shall meet the physical standards set forth in The North Carolina Physician's Guide To Driver Medical Evaluation, published in June 1995 by the Division of Epidemiology, North Carolina Department of Health and Human Services, which is available without charge from the School Bus & Traffic Safety Section of the Division of Motor Vehicles including any subsequent amendments and editions.

 

History Note:        Authority G.S. 20‑39(b); 20‑218;

Eff. April 1, 1989;

Amended Eff. August 1, 2000; January 1, 1994;

Temporary Amendment Eff. May 18, 2001;

Amended Eff. April 1, 2003; August 1, 2002.

 

19A NCAC 03G .0206      PERIOD OF CERTIFICATION

A school bus driver certificate shall expire on the expiration date of the driver's commercial driver license.

 

History Note:        Authority G.S. 20‑39(b); 20‑218;

Eff. April 1, 1989;

Amended Eff. August 1, 2000; August 1, 1991; September 1, 1990.

 

19A NCAC 03G .0207      RENEWAL OF CERTIFICATION

Every driver must be re-certified at the time of the expiration of his Commercial Driver License upon passing the four written tests (general knowledge, passenger transport, school bus, and air brakes), a pre-trip inspection observation, a driving observation, and an eye screening.  A driver shall be exempted from the written tests, provided he has accumulated no more than three points on his driving record since his last certification and has had at least one hour of in-service training for each year since his last certification.  A driver whose certification expires may be re-certified within 30 days in the same manner as though his certification had not expired.  Any driver whose certification expires for more than 30 days may be re-certified within the next year following the expiration upon passing the four written tests (general knowledge, passenger transport, school bus, and air brakes), the three skills tests (pre-trip inspection, basic skills, and road), and an eye screening.  If more than one year has elapsed since the expiration of the most recent certification, the applicant must complete the full training course required of a beginning driver.

 

History Note:        Authority G.S. 20‑39(b); 20‑218;

Eff. April 1, 1989;

Amended Eff. June 1, 2004; August 1, 2000; July 1, 1994; August 1, 1991.

 

19A NCAC 03G .0208      TRANSFER OF CERTIFICATION

Certification as a school bus driver may be transferred from any part of this state to any other, under the following conditions:

(1)           All records compiled by the Driver Education Specialist in the former district for which the driver drove shall be forwarded to the Driver Education Specialist in the new district.

(2)           The driver must meet all requirements of the school system in the new district and accept any training which may be required by school officials and the Driver Education Specialist working in that area.

 

History Note:        Authority G.S. 20‑39(b); 20‑218;

Eff. April 1, 1989.

 

19A NCAC 03G .0209      CANCELLATION OF CERTIFICATION

(a)  The Division of Motor Vehicles shall cancel the school bus driver certificate of any driver for the following reasons:

(1)           Any determination that the certificate was issued on the basis of misinformation, false statements, or fraud.

(2)           A suspension, revocation, or cancellation of the driver license.

(3)           Conviction of any of the following motor vehicle moving offenses:

(A)          Driving while impaired;

(B)          Passing a stopped school bus;

(C)          Hit and run;

(D)          Careless and reckless driving;

(E)           Excessive speeding involving a single charge of speeding more than 15 miles per hour above the posted speed limit;

(F)           Two convictions within a period of 12 months;

(G)          A violation committed while operating a school bus.

(H)          A violation of any State or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with a fatal accident;

(I)            Improper or erratic lane changes;

(J)            Following the vehicle ahead too closely;

(K)          Driving a commercial motor vehicle without obtaining a commercial drivers license;

(L)           Driving a commercial motor vehicle without a commercial drivers license in the driver's possession.  However, a person shall not be convicted of failing to carry a commercial drivers license if by the date the person is required to appear in court for the violation he or she produces to the court a commercial drivers license that was valid on the date of the offense;

(M)         Driving a commercial motor vehicle without the proper class of commercial drivers license or endorsements for the specific vehicle group being operated or for the passenger or type of cargo being transported.

(4)           A determination of physical or mental inadequacy under the provisions of the physical requirements noted in Rule .0205 of this Section.

(5)           A local cancellation of certification, in the discretion of the local administrative unit, for violation of local regulations, submitted to the Driver Education Specialist for cancellation at the state level.  If there is not an offense or conviction that would require a mandatory cancellation by the Section, the Driver Education Specialist shall handle the cancellation locally by canceling the certificate at the garage and retain the pocket card in his files.

(6)           A driving record which in its overall character arouses question about the reliability, judgment, or emotional stability of the driver.

(7)           Conviction of a violation of G.S. 20-142.1 through 20-142.5 when the driver is operating a commercial motor vehicle.  The driver shall be disqualified from driving a commercial motor vehicle as follows:

(A)          For a period of 60 days if convicted of a first violation of a railroad grade crossing offense listed in this Subparagraph;

(B)          For a period of 120 days if convicted during any three-year period of a second violation of any combination of railroad grade crossing offenses listed in this subparagraph;

(C)          For a period of one year if convicted during any three-year period of a third or subsequent violation of any combination of railroad grade crossing offenses listed in this Subparagraph.

(b)  Upon recommendation of the Driver Education Specialist or local school officials, the Division of Motor Vehicles shall require re-examination of any certified driver whose qualifications become questionable or who exhibits evidence of improper or unsafe driving practices and driving procedures. If such a re-examination reveals a problem, the Driver Education Specialist shall suspend the certified driver from driving any school bus pending re-training of the driver. If the problem cannot be corrected, the Driver Education Specialist shall cancel the certification of the school bus driver.

 

History Note:        Authority G.S. 20‑39(b); 20‑218;

Eff. April 1, 1989;

Amended Eff. June 1, 2004; August 1, 2000; December 1, 1993; August 1, 1991; September 1, 1990.

 

19A NCAC 03G .0210      APPEAL OF CANCELLATION OF CERTIFICATION

Any driver whose certificate is cancelled under Rule .0209(3)(g) of this Section shall have the opportunity to forward an appeal to the director of the School Bus and Traffic Safety Section in Raleigh, stating the special circumstances which the driver feels should be considered in mitigation of the cancellation.  The Director of the School Bus and Traffic Safety Section shall appoint such members of an appeals committee as he shall deem appropriate to consider such appeals; and his decision shall be final.

 

History Note:        Authority G.S. 20‑39(b); 20‑218;

Eff. April 1, 1989.

 

19A NCAC 03G .0211      SUSPENSION FOR FAILURE TO APPEAR IN COURT

A driver who fails to appear in court as scheduled to answer charges shall be suspended pending the actual appearance in court of the driver and the disposition of the case.

 

History Note:        Authority G.S. 20‑39(b); 20‑218;

Eff.  April 1, 1989.

 

19A NCAC 03G .0212      DATE OF CANCELLATION

The date of cancellation is the day on which the pocket card in the possession of the driver (which attests to the existence of the official school bus driver certificate on file with the county school bus garage) is surrendered to the Division of Motor Vehicles or its representative, or if the certificate or pocket card is not available, then that day upon which due notification is given to the immediate superior for whom the driver drives.  From this date any pocket card or certificate which may for any reason remain in the possession of the driver or any other person or institution shall be null and void.

The Driver Education Specialist shall mail a letter to any school bus driver who cannot be located, informing said driver of the cancellation of his school bus driver certificate.  The date of the letter shall be deemed the date of cancellation.  The use of the mailing address on the driving record sent to the Driver Education Specialist shall be deemed sufficient.  A copy of this letter shall be submitted to the Director of Transporta­tion.

 

History Note:        Authority G.S. 20‑39(b); 20‑218;

Eff. April 1, 1989;

Amended Eff. December 1, 1993.

 

19A NCAC 03G .0213      RENEWAL OF CERTIFICATION AFTER CANCELLATION

(a)  Any driver whose school bus driver certificate has been canceled shall not be eligible to apply for re-certification for a period of six months from the date of cancellation.  Any person so applying must be recommended by a school official and shall be required to complete the full training course required for a beginning driver.  Such person must meet all the requirements of an original applicant.

(b)  The only exceptions to this policy shall be in the case of a local cancellation, in which a written request from a school official will be required, and in the case of a suspension for the duration of a status offense such as lapsed liability insurance, failure to appear in court, or failure to comply with an out-of-state citation.

(c)  For the purposes of this Section a 30 day revocation shall be considered a suspension for a driving action.  The driver will remain suspended until the adjudication of the case.  If at the adjudication of the case the driver is found not guilty of driving while impaired, he may be re-instated.  If the driver is found guilty of driving while impaired, his suspension will be declared effective, and he will not be considered for re-certification for a period of five years following the date of conviction.

 

History Note:        Authority G.S. 20‑39(b); 20‑218;

Eff. April 1, 1989;

Amended Eff. August 1, 2000; August 1, 1991.

 

SECTION .0300 ‑ RESTRICTED INSTRUCTION PERMIT

 

19A NCAC 03G .0301      DRIVER EDUCATION PERMIT

(a)  North Carolina G.S. 20‑7(m) provides for issuance of a restricted instruction permit to persons under the age of 18 enrolled in driver education.

(b)  The student's vision and physical condition shall be checked and the results recorded on the permit.  A driver education specialist shall issue this permit to qualified students, when requested to do so by the school.

 

History Note:        Authority G.S. 20‑1; 20‑7(m); 20-39; 20‑88.1;

Eff. July 1, 1978;

Amended Eff. December 1, 1993; November 1, 1991; February 1, 1982.

 

19A NCAC 03G .0302      COMMERCIAL SCHOOL INSTRUCTORS

19A NCAC 03G .0303      EXEMPTION

19A NCAC 03G .0304      PUBLICATIONS

 

History Note:        Authority G.S. 20‑1; 20‑320 through 20‑328;

Eff. July 1, 1978;

Repealed Eff. July 2, 1979.

 

SECTION .0400 ‑ DRIVER IMPROVEMENT CLINICS

 

19A NCAC 03G .0401      CLINICS

(a)  The School Bus and Traffic Safety Section shall operate driver improvement clinics in various locations across the state.  Any volunteer may be allowed to participate in these clinics.  Any driver who has been convicted of moving violations may be given an opportunity to attend such a clinic as a part of probationary agreement between him and a hearing officer of the Driver License Section of the Division of Motor Vehicles.  A driver may also be assigned to the clinic by any court in any jurisdiction or by any other state's driver licensing agency.

(b)  The course shall be the National Safety Council Defensive Driving Course.

(c)  Satisfactory attendance shall be judged by the instructor in the clinic with notification to the assigning agency at the close of the clinic.

 

History Note:        Authority G.S. 20‑1; 20‑16(c); 20-16(d); 20‑16(e); 20-39(b);

Eff. July 1, 1978;

Amended Eff. December 1, 1993; November 1, 1991; October 1, 1982.

 

19A NCAC 03G .0402      INFORMATION

Dates, locations, and places of clinics are available through the School Bus and Traffic Safety Section and are on file in the Commissioner of Motor Vehicles' Office for inspection and review during normal office hours.

 

History Note:        Authority G.S. 20‑1; 20‑16(c), (d), (e); 20-39(b);

Eff. July 1, 1978;

Amended Eff. November 1, 1991.

 

SECTION .0500 ‑ COMMERCIAL DRIVER TRAINING SCHOOL AND INSTRUCTOR LICENSE

 

 

19A NCAC 03G .0501      COMMERCIAL DRIVER TRAINING SCHOOLS

 

History Note:        Authority G.S. 20‑1; 20‑320 through 20‑328;

Eff. July 1, 1978;

Repealed March 1, 1982.

 

19A NCAC 03G .0502      COURSE CONTENT

 

History Note:        Authority G.S. 20‑1; 20‑3;

Eff. July 1, 1978;

Repealed Eff. February 1, 1982.

 

SECTION .0600 ‑ DRIVER EDUCATION PROGRAM

 

19A NCAC 03G .0601      DRIVER EDUCATION AND SAFETY PROGRAM INFORMATION

(a)  The School Bus and Traffic Safety Section provides a number of driver education programs, safety programs, work books and course materials, safety literature and safety films to interested groups.  These materials are available on loan to groups that present the programs on their own or, upon request, a driver education specialist will present the program.

(b)  Some of the courses offered are:

(1)           defensive driving course (National Safety Council);

(2)           presentations on general traffic safety subjects;

(3)           school bus passenger safety;

(4)           bicycle, mini‑bike and pedestrian training;

(5)           basic driver education program.

(c)  Information concerning course content, scheduling and an index of safety films (approximately 250 titles) is available from:

School Bus and Traffic Safety Section

Division of Motor Vehicles

1100 New Bern Avenue

Raleigh, North Carolina  27697.

 

History Note:        Authority G.S. 20‑1; 20‑3; 20-39(b);

Eff. July 1, 1978;

Amended Eff. November 1, 1991; February 1, 1982.

 

19A NCAC 03G .0602      INFORMATION

 

History Note:        Authority G.S. 20‑1; 20‑3;

Eff. July 1, 1978;

Repealed Eff. February 1, 1982.

 

SECTION .0700 ‑ BASIC DRIVER EDUCATION COURSE

 

 

19A NCAC 03G .0701      DRIVER EDUCATION COURSE

19A NCAC 03G .0702      INFORMATION

 

History Note:        Authority G.S. 20‑1; 20‑3;

Eff. July 1, 1978;

Repealed Eff. February 1, 1982.

 

SECTION .0800 ‑ SAFETY PROGRAMS

 

 

19A NCAC 03G .0801      SAFETY PROGRAM INFORMATION

19A NCAC 03G .0802      TRAFFIC SAFETY FILMS

19A NCAC 03G .0803      SAFETY LITERATURE

 

History Note:        Authority G.S. 20‑1; 20‑3;

Eff. July 1, 1978;

Repealed Eff. February 1, 1982.

 

SECTION .0900 ‑ FORMS

 

 

19A NCAC 03G .0901      TRAFFIC SAFETY EDUCATION FORMS

19A NCAC 03G .0902      FORM AVAILABILITY

 

History Note:        Authority G.S. 20‑1;

Eff. July 1, 1978;

Repealed Eff. February 1, 1982.

 

 

 

SUBCHAPTER 3H ‑ GOVERNOR'S HIGHWAY SAFETY PROGRAM

 

SECTION .0100 ‑ PURPOSE OF THE OFFICE

 

19A NCAC 03H .0101      FEDERAL HIGHWAY SAFETY ACT

19A NCAC 03H .0102      HIGHWAY SAFETY STANDARDS

19A NCAC 03H .0103      ESTABLISHMENT OF A HIGHWAY SAFETY PROGRAM

19A NCAC 03H .0104      GRANT‑IN‑AID TO STATE AND LOCAL GOVERNMENTS

19A NCAC 03H .0105      COST PRINCIPLES APPLICABLE TO GRANTS AND CONTRACTS

19A NCAC 03H .0106      ORGANIZATION

 

History Note:        Authority G.S. 143B‑360; 147‑12; 23 U.S.C. 402; Federal Management Circular 74‑4;

Federal Management Circular 74‑7;

Eff. July 1, 1978;

Amended Eff. November 1, 1991;

Repealed Eff. January 1, 1994 pursuant to 1991 S.L., c. 477, s. 3;

Transferred and Recodified to 19A NCAC 5D .0100 Eff. January 1, 1999.

 

SECTION .0200 ‑ PROGRAM DEVELOPMENT

 

19A NCAC 03H .0201      APPLICATION FOR HIGHWAY SAFETY PROJECT CONTRACT

 

History Note:        Authority G.S. 136-18(5) and (12); 143B-357; 143B‑360;

Eff. July 1, 1978;

Amended Eff. December 1, 1993; November 1, 1991; February 1, 1982;

Transferred and Recodified to19A NCAC 5D .0200 Eff. January 1, 1999.

 

19A NCAC 03H .0202      LOCAL GOVERNMENT APPLICATION FOR SPEED MEASURING DEVICE

19A NCAC 03H .0203      APPLICATION FOR ALCOHOL BREATH TESTING DEVICE

 

History Note:        Authority G.S. 143B‑357; 143B‑360;

Eff. July 1, 1978;

Amended Eff. February 1, 1982;

Repealed Eff. November 1, 1991;

Transferred and Recodified to 19A NCAC 5D .0200 Eff. January 1, 1999.

 

19A NCAC 03H .0204      APPLICATION FOR ENROLLMENT IN POLICE TRAINING COURSES

 

History Note:        Authority G.S. 136-18(5) and (12); 143B-357; 143B‑360;

Eff. July 1, 1978;

Amended Eff. December 1, 1993; February 1, 1982;

Transferred and Recodified to 19A NCAC 5D .0200 Eff. January 1, 1999.

 

19A NCAC 03H .0205      QUARTERLY PROGRESS REPORTS

 

History Note:        Authority G.S. 136-18(5) and (12); 143B-357; 143B‑360;

Eff. July 1, 1978;

Amended Eff. December 1, 1993; November 1, 1991; February 1, 1982;

Transferred and Recodified to 19A NCAC 5D .0200 Eff. January 1, 1999.

 

19A NCAC 03H .0206      TRAFFIC ENFORCEMENT ACTIVITY REPORT

 

History Note:        Authority G.S. 143B‑360;

Eff. July 1, 1978;

Repealed Eff. November 1, 1991;

Transferred and Recodified to 19A NCAC 5D .0200 Eff. January 1, 1999.

 

19A NCAC 03H .0207      ON SITE PROJECT REPORT

 

History Note:        Authority G.S. 136-18(5) and (12); 143B-357; 143B‑360;

Eff. July 1, 1978;

Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982;

Transferred and Recodified to 19A NCAC 5D .0200 Eff. January 1, 1999.

 

19A NCAC 03H .0208      FINAL ACCOMPLISHMENT REPORT

 

History Note:        Authority G.S. 136-18(5) and (12); 143B-357; 143B‑360;

Eff. July 1, 1978;

Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982;

Transferred and Recodified to 19A NCAC 5D .0200 Eff. January 1, 1999.

 

19A NCAC 03H .0209      APPLICATION FOR FEDERAL GRANT FOR AMBULANCE VEHICLE

19A NCAC 03H .0210      APPLICATION FOR FEDERAL GRANT FOR POLICE VEHICLE

 

History Note:        Authority G.S. 143B‑360;

Eff. July 1, 1978;

Amended Eff. February 1, 1982;

Repealed Eff. November 1, 1991;

Transferred and Recodified to 19A NCAC 5D .0200 Eff. January 1, 1999.

 

19A NCAC 03H .0211      AVAILABILITY OF GOVERNOR'S HIGHWAY SAFETY PROGRAM FORMS

 

History Note:        Authority G.S. 136-18(5), (12); 143B-357; 143B‑360;

Eff. July 1, 1978;

Amended Eff. November 1, 1991; February 1, 1982;

Transferred and Recodified to 19A NCAC 5D .0200 Eff. January 1, 1999.

 

SECTION .0300 ‑ REIMBURSEMENT CLAIM PROCEDURES

 

19A NCAC 03H .0301      CLAIM FOR REIMBURSEMENT

 

History Note:        Authority G.S. 136-18(5) and (12); 143B-357; 143B‑360;

Eff. July 1, 1978;

Amended Eff. December 1, 1993; November 1, 1991; February 1, 1982;

Transferred and Recodified to 19A NCAC 5D .0300 Eff. January 1, 1999.

 

19A NCAC 03H .0302      SUPPORTIVE CLAIM

 

History Note:        Authority G.S. 136-18(5) and (12); 143-129; 143B-357; 143B‑360;

Eff. July 1, 1978;

Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982;

Transferred and Recodified to 19A NCAC 5D .0300 Eff. January 1, 1999.

 

19A NCAC 03H .0303      REQUEST FOR REIMBURSEMENT AUDIT

 

History Note:        Authority G.S. 136-18(5) and (12); 143B-357; 143B‑360;

Eff. July 1, 1978;

Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982;

Transferred and Recodified to 19A NCAC 5D .0300 Eff. January 1, 1999.

 

SECTION .0400 ‑ NONEXPENDABLE EQUIPMENT

 

19A NCAC 03H .0401      VERIFICATION OF ADHERENCE TO PURCHASING PROCEDURES

 

History Note:        Authority G.S. 136-18(5) and (12); 143-52; 143-53; 143-53.1; 143-54; 143B-357; 143B‑360; 143‑129;

Eff. July 1, 1978;

Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982;

Transferred and Recodified to 19A NCAC 5D .0400 Eff. January 1, 1999.

 

19A NCAC 03H .0402      NONEXPENDABLE PROPERTY ACCOUNTABILITY RECORD

 

History Note:        Authority G.S. 136-18(5) and (12); 143B-357; 143B‑360;

Eff. July 1, 1978;

Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982;

Transferred and Recodified to 19A NCAC 5D .0400 Eff. January 1, 1999.

 

19A NCAC 03H .0403      DISPOSITION OF NONEXPENDABLE EQUIPMENT

 

History Note:        Authority G.S. 136-18(5) and (12); 143B-357; 143B‑360;

Eff. July 1, 1978;

Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982;

Transferred and Recodified to 19A NCAC 5D .0400 Eff. January 1, 1999.

 

19A NCAC 03H .0404      STATUS OF NONEXPENDABLE EQUIPMENT

 

History Note:        Authority G.S. 136-18(5) and (12); 143B-357; 143B‑360;

Eff. July 1, 1978;

Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982;

Transferred and Recodified to 19A NCAC 5D .0400 Eff. January 1, 1999.

 

SECTION .0500 ‑ VEHICLE SPECIFICATIONS

 

19A NCAC 03H .0501      POLICE VEHICLE SPECIFICATIONS

19A NCAC 03H .0502      AMBULANCE SPECIFICATIONS

 

History Note:        Authority G.S. 143B‑360;

Eff. July 1, 1978;

Amended Eff. February 1, 1982;

Repealed Eff. November 1, 1991;

Transferred and Recodified to 19A NCAC 5D .0500 Eff. January 1, 1999.

 

19A NCAC 03H .0503      STANDARD VAN AMBULANCE TYPE II SPECIFICATIONS

 

History Note:        Authority G.S. 143B‑360;

Eff. July 1, 1978;

Repealed Eff. February 1, 1982;

Transferred and Recodified to 19A NCAC 5D .0500 Eff. January 1, 1999.

 

19A NCAC 03H .0504      AMBULANCE VEHICLE INSPECTION

 

History Note:        Authority G.S. 143B‑360;

Eff. July 1, 1978;

Amended Eff. February 1, 1982;

Repealed Eff. November 1, 1991;

Transferred and Recodified to 19A NCAC 5D .0500 Eff. January 1, 1999.

 

 

 

SUBCHAPTER 03I ‑ RULES AND REGULATIONS GOVERNING THE LICENSING OF COMMERCIAL DRIVER education TRAINING SCHOOLS AND INSTRUCTors

 

SECTION .0100 ‑ GENERAL PROVISIONS

 

19A NCAC 03I .0101        LOCATION OF DIVISION OF MOTOR VEHICLES

The School Bus and Traffic Safety Section of the North Carolina Division of Motor Vehicles is located at:

1100 New Bern Avenue

Raleigh, North Carolina  27697

All forms required by the rules contained in this Subchapter (hereinafter referred to as "rules") may be obtained at this address.

 

History Note:        Authority G.S. 20‑1; 20-39(b); 20-320 through 20-339;

Eff. July 2, 1979;

Amended Eff. December 1, 1993; May 1, 1987.

 

19A NCAC 03I .0102        PURPOSE OF REGULATIONS

Article 14, Chapter 20 of the General Statutes of North Carolina provides for the licensing and regulation of commercial driver training schools and instructors.  Pursuant to the authority contained in this law, the Commissioner of Motor Vehicles has hereby adopted the regulations contained in this Subchapter concerning the administration and enforcement of that Article.  These regulations establish minimum standards for the operation of commercial driver training schools and will be used by the Division of motor vehicles in administering Article 14.

 

History Note:        Authority G.S. 20‑321;

Eff. July 2, 1979;

Amended Eff. December 1, 1993.

 

19A NCAC 03I .0103        EFFECTIVE DATES

 

History Note:        Authority G.S. 20‑321;

Eff. July 2, 1979;

Repealed Eff. June 1, 1982.

 

19A NCAC 03I .0104        DEFINITIONS

As used in the regulations contained in this Subchapter:

(1)           "Commercial Driver Training School Branch Office" or "Branch" is a training facility operated by a commercial driver training school  at a location different than the principal place of business, where the education and training of persons, either practical or theoretical, or both, to operate or drive a motor vehicle is carried on and a consideration or tuition is charged therefor.

(2)           "Hearing Officer" means an officer or employee of the Division appointed by the commissioner, who has a minimum of five years of experience as a supervisor and thorough knowledge of the laws and regulations governing the Division.

(3)           "Representative" means a duly authorized employee of the Division of Motor Vehicles.

(4)           "Restricted Commercial Driver Training School" means a commercial driver training school which is restricted to a curriculum of evaluation for licensed adult drivers only.

 

History Note:        Authority G.S. 20‑4.01; 20‑320; 20‑321;

Eff. July 2, 1979;

Amended Eff. December 1, 1993; May 1, 1987; June 1, 1982.

 

SECTION .0200 ‑ REQUIREMENTS AND APPLICATIONS FOR COMMERCIAL DRIVER TRAINING SCHOOLS

 

19A NCAC 03I .0201        REQUIREMENTS

The Division shall not issue a commercial driver training school license to any individual, partnership, group, association or corporation unless:

(1)           The individual, partnership, group, association or corporation has at least one motor vehicle registered or leased in the name of the school, which vehicle has been inspected by a representative of the Division and vehicle insurance certified as required by this Subchapter for use by the school for driver training purposes and driver instruction.

(2)           The individual, partnership, group, association, or corporation has at least one person licensed by the Division as a commercial driver training instructor for that school.

(3)           Each manager, owner‑operator, or instructor of a commercial driver training school or branch shall:

(a)           be of good moral character;

(b)           have at least four years of experience as a licensed operator of a motor vehicle;

(c)           not have been convicted of a felony or convicted of a misdemeanor involving moral turpitude in the ten years immediately preceding the date of application;

(d)           not have had a revocation or suspension of his Class A, B or C license in the two years immediately preceding the date of application.

 

History Note:        Authority G.S. 20‑322;

Eff. July 2, 1979;

Amended Eff. December 1, 1993; April 1, 1989; May 1, 1987; June 1, 1982.

 

19A NCAC 03I .0202        ORIGINAL APPLICATION

Each original application for a commercial driver training school license shall consist of the following:

(1)           Application for license;

(2)           Personal history statement (Form SBTS-601, available from the School Bus and Traffic Safety Section) of owner-operator or manager;

(3)           Proposed plan of operation;

(4)           Proof of liability insurance;

(5)           Sample copies of contracts;

(6)           A check or money order in the amount of eighty dollars ($80.00).  This fee is due for both original and renewal applications for license;

(7)           Certificate of assumed name;

(8)           Surety Bond;

(9)           A report from the appropriate government agency indicating that the location or locations meet fire safety standards;

(10)         A copy of the deed, lease, or other legal instruments authorizing the school to occupy such locations;

(11)         List of fees for all services offered by the school;

(12)         A copy of lease agreement if leasing vehicles; and

(13)         A copy of the business insurance covering injury to a student.

 

History Note:        Authority G.S. 20-322; 20-323;

Eff. July 2, 1979;

Amended Eff. April 1, 1999; July 1, 1994; December 1, 1993; September 1, 1990; April 1, 1989.

 

19A NCAC 03I .0203        RENEWAL APPLICATIONS

Renewal applications shall be made every two years.  All licenses expire on the anniversary date, and no school is permitted to operate with an expired license.  However, applications for renewal may be accepted for up to 30 days from the date of expiration.  Any license expired for more than 30 days shall be deemed permanently lapsed; and renewal of such license must be by the same process as required for an entirely new school, with all forms and certifications being required.

 

History Note:        Authority G.S. 20-322; 20-324; 20-325;

Eff. July 2, 1979;

Amended April 1, 1999; June 1, 1982.

 

19A NCAC 03I .0204        DUPLICATE COPIES

All applications, either original or renewal, for a commercial driver training school or branch shall be completed in duplicate.  The original copy of each form shall be submitted to the School Bus and Traffic Safety Section of the Division of Motor Vehicles at the address specified in Rule .0101 of this Subchapter.  A copy of each form shall be filed at the place of business.

 

History Note:        Authority G.S. 20‑322 through 20‑324;

Eff. July 2, 1979;

Amended Eff. May 1, 1987.

 

19A NCAC 03I .0205        CHANGES IN APPLICATION INFORMATION

The Division must be notified in writing within 10 days of any changes in the officers, directors, owners, or manager of any school or branch.  The Division must also be informed within 10 days of the addition or deletion of any motor vehicles, and a supplemental schedule of motor vehicles must be filed.  (Supplemental motor vehicle schedules shall be accompanied by a properly executed insurance certificate.)  If the school has a change in ownership, the new owner must file an original application with the Division as described in Rule .0202 and be approved by the Division before beginning operation of the school under the new ownership.  Failure to inform the Division of the required changes shall be grounds for suspension or revocation of the license.

 

History Note:        Authority G.S. 20‑322 through 20‑324;

Eff. July 2, 1979;

Amended Eff. May 1, 1987.

 

19A NCAC 03I .0206        LICENSE FEES

 

History Note:        Authority G.S. 20‑324;

Eff. July 2, 1979;

Amended Eff. June 1, 1982;

Repealed Eff. May 1, 1987.

 

19A NCAC 03I .0207        BRANCH OFFICES

Any school desiring to open a branch shall make application for such branch on forms furnished by the Division in the same manner and to the same extent as for an original license.  A commercial driver training school may operate a branch office anywhere in the state provided the branch meets all the requirements of the principal place of business.

 

History Note:        Authority G.S. 20‑322; 20-323; 20‑324;

Eff. July 2, 1979;

Amended Eff. August 1, 2000.

 

19A NCAC 03I .0208        SURRENDER OF LICENSES

Any licensed commercial driver training school or branch which ceases to carry on the business of giving instruction for hire in the driving of motor vehicles or which has a change of ownership shall, within five days, surrender its commercial driver training school license and all instructor licenses issued to driver training instructors employed by the school.

 

History Note:        Authority G.S. 20‑322 through 20‑325;

Eff. July 2, 1979;

Amended Eff. May 1, 1987.

 

19A NCAC 03I .0209        LICENSE REQUIRED

No school or branch shall operate, advertise for business or collect monies without the proper license in hand as set forth in this Subchapter.

 

History Note:        Authority G.S. 20‑322;

Eff. July 2, 1979;

Amended Eff. December 1, 1993; September 1, 1990.

 

19A NCAC 03I .0210        LICENSE FEES

 

History Note:        Authority G.S. 20‑324;

Eff. February 1, 1988;

Repealed Eff. December 1, 1993.

 

19A NCAC 03I .0301        GENERAL PROVISIONS

Every school shall maintain a business office open to the public in a permanent‑type building.  Schools or branches may not be located within or adjacent to a building in which applications for driver licenses are received by the Division; and no business may be solicited on property occupied by or adjacent to a building in which applications for driver's licenses are received by the Division.

 

History Note:        Authority G.S. 20-320; 20-321; 20-322; 20-323; 20-324;

Eff. July 2, 1979;

Amended Eff. August 1, 2000; June 1, 1982.

 

19A NCAC 03I .0302        OFFICE

The office shall be the principal place of business, and must be sufficient for conducting all business related to the operation of the school including, but not limited to:

(1)           facilities for conducting personal interviews;

(2)           storage of all records required for the operation of the school;

(3)           secretarial or telephone answering service available for a minimum of six hours between 9:00 a.m. and 5:00 p.m. on normal business days;

(4)           a copy of North Carolina Motor Vehicle Laws Chapter 20 of the General Statutes; and

(5)           if located in conjunction with classroom facilities, office must be separated by a physical barrier.

 

History Note:        Authority G.S. 20‑321; 20-322; 20-323; 20-324;

Eff. July 2, 1979;

Amended Eff. August 1, 2000; December 1, 1993; November 1, 1991; June 1, 1982.

 

19A NCAC 03I .0303        CLASSROOM FACILITY

Classwork may only be conducted in locations approved by the Division of Motor Vehicles.  The classroom facility shall meet the following minimum requirements:

(1)           a minimum overall size of not less than 120 square feet (which includes at least 70 square feet for the instructor and his equipment and at least 12 square feet for each student);

(2)           lighting, heating, and ventilation systems that are in compliance with all state and local laws and ordinances including, but not limited to, zoning, public health, safety, and sanitation;

(3)           seats and writing surfaces for all students; blackboards visible from all seats; charts, diagrams, mock‑ups and pictures relating to the operation of motor vehicles, traffic laws, physical forces, and correct driving procedures; a copy of the Driver's Handbook published by the Division for each student; and a textbook from the approved list for each student; and

(4)           restroom facilities sufficient for the class size must be provided.

 

History Note:        Authority G.S. 20‑322 through 20‑324;

Eff. July 2, 1979;

Amended Eff. December 1, 1993; November 1, 1991; April 1, 1989; June 1, 1982.

 

19A NCAC 03I .0304        BRANCHES

 

History Note:        Authority G.S. 20‑322 through 20‑324;

Eff. July 2, 1979;

Repealed Eff. May 1, 1987.

 

19A NCAC 03I .0305        DISPLAY OF LICENSES

Every school and branch must have displayed in a prominent place in its office licenses issued to it by the Division, a list of all instructors, and a list of fees for all services offered by the school or branch.

 

History Note:        Authority G.S. 20‑322 through 20‑324;

Eff. July 2, 1979.

 

19A NCAC 03I .0306        INSPECTIONS

The Division shall make periodic inspections (at least annually) of schools and branches to determine compliance with laws.  The inspection shall be made during regular business hours by authorized representatives of the Division.  Inspections shall include examination of all school records; contracts; classroom facilities; training devices; instructional materials and instructional methods; vehicles; and any other item required by law or regulation.  Each owner, partner, associate, corporate officer, or employee of any commercial driver training school shall cooperate with the Division's representative and, upon demand, shall exhibit all records, instructional aids and equipment, and any other items which are required for the inspection.  Refusal to permit inspections shall be grounds for revocation of the license.  Records shall be retained by the school for a period of three years.

 

History Note:        Authority G.S. 20‑321 through 20‑324;

Eff. July 2, 1979;

Amended Eff. December 1, 1993; May 1, 1987; June 1, 1982.

 

19A NCAC 03I .0307        COURSES OF INSTRUCTION

Commercial driver training schools may teach the following courses:

(1)           For unlicensed persons 18 years of age or older, a course as follows:

(a)           Classroom Instruction.  A minimum of six hours, including (but not limited to) rules of the road and other laws affecting the operation of motor vehicles, safe driving practices, pedestrian safety, and the general responsibilities of the driver.  No class may consist of more than 50 students.  Classroom work shall be limited to no more than six hours per day.

(b)           Behind‑the‑Wheel Instruction.  A minimum of six hours, including instruction and practice in all the basic physical skills necessary for proper control of a motor vehicle in all normal driving situations, such as starting, stopping, steering and turning, controlling the vehicle in traffic, backing, and parking.  A valid learner's permit issued by the Driver License Section of the Division is required.

(c)           A person holding a valid learner's permit issued by the Driver License Section of the Division shall not be required to take the six hours of classroom instruction set forth in Sub-item (1)(a) of this Rule.

(d)           A person holding a valid learner's permit or driver's license issued by the Driver License Section of the Division may contract for any portion of the six‑hour behind‑the‑wheel instruction.

(2)           For licensed persons a course for purposes of driver improvement, such as improving their knowledge and skill in the operation of a motor vehicle.

(3)           For unlicensed persons under the age of 18 years, a course which must be approved by the Commissioner and the State Superintendent of Public Instruction as follows:

(a)           Classroom Instruction shall not include workbook assignments or other work out of the presence of an instructor.  An instructor or employee of a commercial driver education school shall not administer a proficiency test.  No class may consist of more than 50 students.  Classroom work shall be limited to no more than three hours per day on school days and six hours per day on non-school days.  A minimum of 30 hours shall be taught, consisting of instruction in:

(i)            highway transportation: its social and economic influences upon life in America;

(ii)           drivers: their physical and mental characteristics and how their capabilities and limitations influence the traffic scene;

(iii)          the automobile: its construction, maintenance, and safe operation;

(iv)          traffic law and enforcement: laws of nature and man‑made laws; and their relationship to traffic safety;

(v)           pedestrians and bicycles: their influence upon the traffic scene;

(vi)          engineering: its influence upon automobiles, highways, traffic controls, and people;

(vii)         driving while impaired; six hours of instruction on the effects of drinking upon driving and upon accident and death rates; and

(viii)        rights and privileges of handicapped persons; their rights to use flags, placards, cards, license plates, and parking places.

(b)           Behind‑the‑Wheel Instruction.  A minimum of six hours, actually under the wheel, including:

(i)            familiarization with the automobile; the use of its controls; and the development of skills essential to safe operation in traffic; and

(ii)           driving in traffic with the instructor in a dual control car to develop abilities needed to follow the soundest course of action in responding to complex situations.

(iii)          simulators may not be substituted for any part of the six hours of behind-the-wheel instruction.

(c)           Restrictions:

(i)            Behind‑the‑Wheel instruction shall be offered to a student only after he has completed the classwork section.  If a student has contracted for both classwork and behind‑the‑wheel training, behind‑the‑wheel training may begin after classwork starts and before classwork has been completed.  At no time shall a student be taken out of class to attend behind‑the‑wheel training.

(ii)           No student shall operate a motor vehicle upon any public street or highway unless such student shall have in his immediate possession a valid Restricted Instruction Permit issued by the Division.

(iii)          No more than two hours of behind‑the‑wheel training shall be given in any one day.  A written record indicating the date and time of this training shall be kept on file for each student.  The record must be signed by the student in ink after each driving session, and shall not include any hours of observation of other students, i.e. mere presence in the car while someone else is driving.

(iv)          Whether private, or a contract with a school system, an instructor may not provide behind-the-wheel training to more than three individuals.  If transporting more than three individual students the instructor shall operate the vehicle.

(d)           Other requirements:

(i)            Plans for the content of the curriculum, its organization, and presentation shall be submitted on Form SBTS‑610 for the approval of the Commissioner and the State Superintendent of Public Instruction.  In addition, lesson plans for each of the 30 hours must be submitted.

(ii)           Textbooks for use in the classwork section shall be chosen from those approved by the State Superintendent of Public Instruction.

(iii)          Instructors must be approved by both the Commissioner and the State Superintendent of Public Instruction.

(iv)          All expenses incurred in offering and teaching these courses shall be paid by the persons enrolled therein or the school offering the course.

(v)           A student may enroll for either the classroom work or behind‑the‑wheel instruction, or both.  A school may accept certification of completion of classroom instruction from any school authorized to offer such a course, provided the certificate (Form SBTS‑611A) is signed by the principal of the public school, or the superintendent of the administrative unit of which it is a part, or the executive officer of a non‑public secondary school.  All SBTS‑611A forms shall be mailed or taken directly to the high school for completion by the commercial school owner or instructor.  Under no circumstances shall the form be given to the student.

(vi)          Schools offering this course shall issue to their students upon completion of either or both parts of the course a certificate furnished by the Division (Form SBTS‑611).  This certificate verifies only the training taught by the commercial school.  The student's name on this certificate must be as it appears on his birth certificate.  Schools shall be accountable to the Division for all certificates issued to them.

(vii)         The student, upon submitting certification of satisfactory completion of both parts of the driver education course, shall be eligible for licensing as provided by law.  Such certification may be from either or both a public or non‑public secondary school or a commercial driver training school.

(viii)        Schools shall submit reports to the Division, as may be required by the Division Rules and their books and records shall be open to inspection by Division representatives at all reasonable times.

(e)           A person completing the 30 and six hour course who desires additional training may contract for any portion of the six‑hour behind‑the‑wheel instruction.

(4)           For licensed persons taking a course offered by a restricted commercial driver training school, the following courses are authorized:

(a)           curriculum for evaluation and improvement for licensed adult drivers only, utilizing over‑the‑road observation in vehicles not owned by the school or equipment such as driving simulators;

(b)           professional curricula, including one or more of the following:

(i)            police pursuit driving;

(ii)           auto‑cross driving;

(iii)          emergency‑vehicle driving; or

(iv)          road and track racing.

(5)           Instructor training program, the requirements for which are:

(a)           the school must be licensed one full year prior to approval;

(b)           all work must be with an instructor licensed as an Instructor Trainer;

(c)           a proposed plan of operation must be submitted to the Division outlining the training schedule, including:

(i)            instruction in:

(A)          using effective teaching methods,

(B)          writing lesson plans,

(C)          reviewing of Rules Governing the Licensing of Commercial Driver Training Schools and Instructors,

(D)          using audio visual equipment and teaching aids,

(E)           filling out fully and properly all commercial school forms, and

(ii)           listing names of Instructor Trainers to be employed for the training program.

 

History Note:        Authority G.S. 20-321; 20-322; 20-323; 20-324;

Eff. July 2, 1979;

Amended Eff. August 1, 2000; July 1, 1994; December 1, 1993; November 1, 1991; April 1, 1989.

 

19A NCAC 03I .0308        BRANCHES

A branch shall meet all requirements of a principal place of business including those listed in Rules .0302 and .0303 of this Section.

 

History Note:        Authority G.S. 20‑322 through 20‑324;

Eff. February 1, 1988.

 

19A NCAC 03I .0401        VEHICLE EQUIPMENT

Behind‑the‑wheel instruction of students in commercial driver training schools shall be conducted in motor vehicles owned or leased by the school. All vehicles used for the purpose of demonstration and practice shall:

(1)           be equipped with:

(a)           dual controls on the foot brake;

(b)           dual controls on the clutch, if the vehicle is equipped with a clutch and manual transmission;

(c)           seatbelts for both the instructor and the students which shall be worn by the instructor and students while the vehicle is being used for instructional purposes;

(d)           an outside rearview mirror mounted on the right side of the vehicle;

(e)           a heater and defroster in working condition;

(f)            all other equipment required by Chapter 20 of the North Carolina General Statutes;

(g)           cushions for short drivers;

(h)           seat adjustments which allow the seat to move easily and smoothly and to be secured;

(i)            door locks which operate and have no sharp knobs;

(2)           bear a conspicuously displayed sign with wording to alert the general public of a "Student Driver,"  name and phone number of commercial driver education school, or school system, with whom the contract is established.  The required wording must be visible from both the front and rear of the vehicle.

 

History Note:        Authority G.S. 20‑321; 20-322; 20-323; 20-324;

Eff. July 2, 1979;

Amended Eff. August 1, 2000; December 1, 1993; September 1, 1990; February 1, 1983.

 

19A NCAC 03I .0402        REGISTRATION: INSURANCE: INSPECTION

(a)  Each vehicle used by the school shall be registered as required by G.S. 20, and bear a current inspection certificate.

(b)  Each vehicle used by the school shall be insured by a company licensed to do business in North Carolina against liability in the amount of at least fifty thousand dollars ($50,000) because of injury to or destruction of property of others in any one accident, one hundred thousand dollars ($100,000) because of bodily injury to or death of one person in any one accident, and three hundred thousand dollars ($300,000) because of bodily injury to or death of two or more persons in any one accident.  This insurance coverage shall be secured on an annual basis.  In the event coverage for any vehicle used for driver instruction or training shall not be renewed, the school shall give written notice to the Division at least 10 days prior to the expiration date of the coverage.  A certificate of insurance coverage shall be filed by the insurance underwriter with the Division.  Cancellation shall be accomplished upon 15 days prior written notice to the Division by the insurance underwriter.

(c)  Each vehicle used by a school shall be listed and inspected in the manner prescribed by the Division of Motor Vehicle rules.  In addition, each vehicle shall be inspected and approved by a representative of the Division before it is used.  Each vehicle shall be inspected and approved by a representative of the Division annually and at any other reasonable time as indicated by the circumstances.

 

History Note:        Authority G.S. 20-321; 20-322; 20-323; 20-324;

Eff. July 2, 1979;

Amended Eff. August 1, 2000; May 1, 1987.

 

19A NCAC 03I .0403        EXEMPTION AND SPECIAL REQUIREMENT

Restricted commercial driver training schools shall be exempt from the equipment requirements of Rule .0401 of this Section.  All vehicles used in the instructional program shall meet the equipment requirements of Chapter 20 of the North Carolina General Statutes.

 

History Note:        Authority G.S. 20‑322 through 20‑324;

Eff. July 2, 1979;

Amended Eff. May 1, 1987.

 

19A NCAC 03I .0501        REQUIREMENTS

(a)  Each instructor of a commercial driver training school or branch shall:

(1)           have at least four years of experience as a licensed operator of a motor vehicle;

(2)           not have been convicted of a felony, or convicted of a misdemeanor involving moral turpitude, in the ten years immediately preceding the date of application;

(3)           not have had a revocation or suspension of his driver's license in the five years immediately preceding the date of application;

(4)           have graduated from high school or hold a high school equivalency certificate;

(5)           not have had convictions for moving violations totaling five or more points in the three years preceding the date of application;

(6)           have completed the 80-contact-hour, community-college course for driver education teachers; an equivalent course approved by the commissioner, or an Instructor Training Program conducted by an approved Commercial Driver Training School within four years prior to application;

(7)           successfully complete the written test administered by a Driver Education Specialist; (Allowed only one retest)

(8)           successfully complete the Miller Road Test given by a Driver Education Specialist; (Allowed only one retest)

(9)           be issued an instructor’s learning permit, valid for a three month probationary period;

(10)         submit a criminal background check from the Clerk of Court for each county of residence for the past 10 years;

(11)         be observed, evaluated, and recommended by a Driver Education Specialist within the three month probationary period; and

(12)         be exempt from the 80-contact-hour basic course, Miller Road Test, and the probationary period if the applicant is an accredited driver education teacher with a current certificate based on the requirements of the Department of Public Instruction and if he or she successfully completes the written Commercial Driver Education exam with a score of 80 or above, and if the test is administered by a Driver Education Specialist.  The applicant is allowed only one retest.

(b)  An applicant will be issued an instructor's learner's permit which  will be valid for three months.  To be eligible for an instructor's learner's permit, the applicant shall meet requirements in Paragraph (a)(1) through (10) of this Rule and shall:

(1)           submit an Instructor Application with a sixteen dollar ($16.00) application fee, copy of high school diploma or high school equivalency certificate, and physical examination form;

(2)           successfully conduct two hours of classroom instruction within the three-month probationary period, while being observed and evaluated by a Driver Education Specialist, if the instructor wants to be licensed as a classroom instructor;

(3)           successfully conduct two hours of behind‑the‑wheel instruction within the three-month probationary period, while being observed and evaluated by a Driver Education Specialist, if the instructor wants to be licensed for behind the wheel instruction;

(4)           be recommended by a Driver Education Specialist to receive an instructor’s license;

(5)           be exempt from Paragraph (b)(2), (3), and (4) of this Rule if the applicant is an accredited driver education teacher with a current certificate based on the  requirements of the Department of Public Instruction.

(c)  An instructor at an approved commercial driver training school may apply for an Instructor Trainer license.  The Instructor Trainer shall:

(1)           have five consecutive years as an active licensed instructor;

(2)           submit an application for Instructor Trainer License with a fee of eight dollars ($8.00);

(3)           complete two hours of classroom observation by a Driver Education Specialist while training instructors, not driver education students;

(4)           complete two hours of behind‑the‑wheel observation by a Driver Education Specialist while training instructors, not driver education students;

(5)           successfully complete the written test administered by a Driver Education Specialist; (Allowed only one retest)

(6)           successfully complete the Miller Road Test given by a Driver Education Specialist; (Allowed only one retest)

(7)           be recommended by a Driver Education Specialist;

(8)           must requalify each school year.

 

History Note:        Authority G.S. 20-322; 20-323; 20-324;

Eff. July 2, 1979;

Amended Eff. August 1, 2000; April 1, 1999; August 1, 1994; December 1, 1993; November 1, 1991; September 1, 1990.

 

19A NCAC 03I .0502        ORIGINAL APPLICATION

Each original application for a commercial driver training instructor license shall consist of:

(1)           a combination application and personal history form which must be completed and signed by the applicant;

(2)           a physical examination report completed and signed by a licensed physician;

(3)           satisfactory evidence of high school graduation or equivalency;

(4)           evidence of completion of an approved driver education course;

(5)           a driver license record check for the previous three years if applicant has other than a North Carolina driver license; and

(6)           a check or money order in the amount of (sixteen dollars $16.00).

 

History Note:        Authority G.S. 20-322; 20-323; 20-324;

Eff. July 2, 1979;

Amended Eff. April 1, 1999; May 1, 1987; June 1, 1982.

 

19A NCAC 03I .0503        RENEWAL APPLICATION

(a)  Renewal application shall be made by an instructor every two years.  All licenses expire on the school's anniversary date, and no instructor is permitted to operate with an expired license. However, applications for renewal may be accepted for up to 30 days from the date of expiration.  Any license expired for more than 30 days shall be deemed permanently lapsed; and renewal of such license must be by the same process as required for an entirely new license, with all forms and certifications being required.

(b)  At least once every four years, an instructor must take the two-semester-hour college credit course required for the original license; provided, however, that an equivalent number of hours (64) may be substituted for this course in the following manner:

(1)           16 hours (four for each full year of the four years) for active and continuing teaching of driver education;

(2)           48 or more hours for attendance at teacher training workshops and short courses, professional driver training meetings and conferences in the field of driver education which have been approved in advance by the School Bus and Traffic Safety Section.  Approval is to be given in the following manner:

(A)          re-Course (submit for approval):

(i)            name and address of agency sponsoring the workshop, course or conference;

(ii)           title, dates, and location of the workshop, course, or conference;

(iii)          brief description of the workshop, course, or conference, including the number of hours;

(B)          Post-Course (submit for approval and credit):

(i)            proof of attendance, number of contact hours actually attended, and passing grade (if applicable);

(ii)           brief evaluation of the workshop, course, or conference.

(c)  An accredited driver education teacher with a current certificate based on the requirements of the Department of Public Instruction is exempted from the requirements of Paragraph (b) of this Rule.

 

History Note:        Authority G.S. 20-322; 20-323; 20-324; 20-325;

Eff. July 2, 1979;

Amended Eff. April 1, 1999; July 1, 1994; May 1, 1987; June 1, 1982.

 

19A NCAC 03I .0504        DUPLICATE COPIES

All applications, either original or renewal, for a commercial driver training instructor license shall be completed in duplicate.  The original copy of each form shall be submitted to the School Bus and Traffic Safety Section of the Division of Motor Vehicles.  A copy of each form shall be filed at the place of business.

 

History Note:        Authority G.S. 20‑322 through 20‑324;

Eff. July 2, 1979;

Amended Eff. June 1, 1982.

 

19A NCAC 03I .0505        CONFIDENTIALITY

 

History Note:        Authority G.S. 20‑320 through 20‑328;

Eff. July 2, 1979;

Repealed Eff. January 1, 1994.

 

19A NCAC 03I .0506        LICENSE FEES

 

History Note:        Authority G.S. 20‑324;

Eff. July 2, 1979;

Amended Eff. June 1, 1982;

Repealed Eff. December 1, 1993.

 

19A NCAC 03I .0507        SURRENDER OF LICENSES

Any licensed commercial driver training instructor who ceases to give instruction for hire in the driving of motor vehicles for the school for which he is licensed shall surrender his instructor's license within five days.  The owner, partner, or chief corporate officer of the school shall be responsible for the return of the instructor's license to the Division on termination of employment of any instructor.

 

History Note:        Authority G.S. 20‑322 through 20‑325;

Eff. July 2, 1979.

 

19A NCAC 03I .0508        LICENSE REQUIRED

 

History Note:        Authority G.S. 20‑323;

Eff. July 2, 1979;

Repealed Eff. December 1, 1993.

 

19A NCAC 03I .0601        REQUIREMENTS

(a)  Commercial driver training school contracts with individual students, public schools, or private schools shall contain (but are not limited to) the following information:

(1)           the agreed total contract charges and full terms of payment thereof;

(2)           the number, nature, time and extent of lessons contracted for, including:

(A)          classroom instruction:

(i)            rate per hour;

(ii)           date and time of first lesson and each subsequent lesson, the length of each lesson, and the total number of hours;

(iii)          type of instruction;

(iv)          a limit of fifty students and no more than three hours of classroom work per day on school days and six hours per day on non-school days for unlicensed individuals under the age of eighteen.

(B)          behind‑the‑wheel instruction:

(i)            rate per hour;

(ii)           date and time of first lesson and each subsequent lesson, the length of each lesson, and the total number of hours;

(iii)          nature of lessons, whether individual or group.  An instructor may not provide behind-the-wheel training to more than three individual students.

(iv)          rate for use of school vehicle for a driver's license road test, if an extra charge is made;

(3)           a statement which reads substantially as follows:  "This agreement constitutes the entire contract between the school and the student, and any verbal assurances or promises not contained herein shall bind neither the school nor the student."

(4)           a statement which reads as follows: "This school is licensed by the State of North Carolina, Division of Motor Vehicles."

(5)           a statement which reads as follows: "Under this agreement an instructor may not provide behind-the-wheel training to more than three individual students."

(b)  If either the school or the instructor fails to comply with the provisions of any contract or agreement between the school and the student, the school shall refund, on a pro rata basis, all monies collected from the student as consideration for the performance of the contract or the agreement.

 

History Note:        Authority G.S. 20‑322 through 20‑324;

Eff. July 2, 1979;

Amended Eff. August 1, 2000; July 1, 1994; December 1, 1993; May 1, 1987; June 1, 1982.

 

19A NCAC 03I .0602        PROHIBITED CONTRACT PROVISIONS

Commercial driver training school contracts shall not contain the following:

(1)           the statement "no refund" or its equivalent.  The contract may, however, contain a statement that "The school will not refund any tuition monies or any part thereof when actual services have been rendered";

(2)           any statement to the effect that a driver's license is guaranteed or otherwise promised as a result of the driver's license training course.

 

History Note:        Authority G.S. 20‑322 through 20‑324;

Eff. July 2, 1979;

Amended Eff. July 1, 1994.

 

19A NCAC 03I .0603        FILING OF CONTRACT WITH THE DIVISION

The commercial driver training school shall file with the Division sample copies of all written contracts and agreements at the time of the original application and also at any time thereafter when alterations to contracts are proposed.

 

History Note:        Authority G.S. 20‑322 through 20‑324;

Eff. July 2, 1979;

Amended Eff. June 1, 1982.

 

19A NCAC 03I .0701        BONDS

Prior to license approval, a school shall file with the Division a continuous "cash" or "surety" bond written by a company licensed to do business in North Carolina in the amount of twenty thousand dollars ($20,000) to indemnify any student against loss or damage arising out of the school's breach of contract between the school and the student (Form SBTS‑606).

 

History Note:        Authority G.S. 20‑324; 20-322; 20-323; 20-324;

Eff. July 2, 1979;

Amended Eff. August 1, 2000; July 1, 1994; May 1, 1987; July 1, 1983.

 

19A NCAC 03I .0702        CERTIFICATE OF DEPOSIT

A certificate of deposit may be executed and filed in lieu of a bond (Form SBTS‑607).  The certificate shall be in the principal sum of the bond it stands in lieu of as provided in Rule .0701 of this Section.

 

History Note:        Authority G.S. 20‑322 through 20‑324;

Eff. July 2, 1979;

Amended Eff. December 1, 1993; May 1, 1987; June 1, 1982.

 

19A NCAC 03I .0703        ADVERTISING

A commercial driver training school may advertise by whatever method it sees fit with the following exceptions:

(1)           The address of a telephone‑answering service, when it is not the same as the principal place of business of the school, shall not be shown in any medium of advertising or telephone directory.  Nor shall any telephone directory listing or yellow page advertisement show a telephone number for a school unless it also shows a valid address, including the city, for the principal place of business of the school.

(2)           No advertisement shall indicate in any way that a school can or will issue or guarantee the issuance of a driver's license, or imply that preferential or advantageous treatment from the Division can be obtained.

(3)           A school may state in an advertisement that it has been approved and licensed by the Division.

 

History Note:        Authority G.S. 20‑322 through 20‑324;

Eff. July 2, 1979;

Amended Eff. July 1, 1994; June 1, 1982.

 

SECTION .0800 ‑ LICENSE REVOCATION OR SUSPENSION

 

19A NCAC 03I .0801        GROUNDS FOR REVOCATION OR SUSPENSION

The license of any commercial driver training school may be suspended or revoked by the Division if the licensee violates any provision of Article 14, Chapter 20 of the North Carolina General Statutes, or if the licensee violates any rule adopted pursuant to that article.  In addition, a license may be suspended or revoked for any one of the following reasons:

(1)           conviction of the owner, manager, or any agent or employee of the school of a felony or any misdemeanor involving moral turpitude;

(2)           knowingly submitting to the Division false or misleading information relating to eligibility for a license;

(3)           evidence of substance abuse by the owner, manager, any agent or employee of the school;

(4)           failure or refusal to permit an authorized representative of the Division to inspect the school, equipment, records, or motor vehicles used to teach students; or failure or refusal to furnish full information pertaining to any and all requirements set forth in these regulations or in the application for the license;

(5)           failure to maintain adequate standards of instruction, such as but not limited to, either through lack of qualified instructors or through lack of equipment sufficient to adequately perform the course of instruction;

(6)           employment of any instructor who is not licensed by the Division;

(7)           failure of new owner to apply for and be licensed by the Division as a school under new ownership and also failure to notify the Division within the specified time of any change in management of the school;

(8)           aiding or assisting any person to obtain a driver's license by fraud (revocation in this instance shall be permanent);

(9)           unauthorized possession of application forms or examinations used by the Division to determine the qualification of an applicant for a driver's license.

 

History Note:        Authority G.S. 20-231; 20‑325;

Eff. July 2, 1979;

Amended Eff. December 1, 1993; April 1, 1989; May 1, 1987.

 

19A NCAC 03I .0802        INSTRUCTOR LICENSE SUSPENSION OR REVOCATION

In addition to the grounds for revocation listed in Rule .0801 of this Section, the license of any commercial driver training instructor shall be revoked if his driver's license is suspended or revoked of if he accumulates seven or more points, as a result of being convicted of moving violations, in a twelve‑month period.  Reinstatement of the commercial driver training instructor's license shall follow the same procedure as an application for a new license.

 

History Note:        Authority G.S. 20-231; 20‑325;

Eff. July 2, 1979;

Amended Eff. December 1, 1993; June 1, 1982.

 

19A NCAC 03I .0803        REVOCATION OR SUSPENSION PROCEDURE

If any school or instructor is alleged to be in violation of any provision of Article 14, G.S. Chapter 20 or of any provision of these Regulations, the school or instructor shall be notified by certified or registered mail of the suspension or revocation.  The notification shall set forth the details of the alleged violation which forms the basis for the action.  The school (through its owner, partner, or corporate officer) or any instructor, may request in writing a hearing.  This request must be made within 30 days of receipt of the certified or registered letter.  The hearing shall be heard by an officer designated by the Commissioner and the school or instructor may be represented by counsel.  Upon completion of the hearing, the Division shall notify the school or instructor within 30 days of the decision of the hearing officer.  This decision may be appealed as provided by G.S. 150B.

 

History Note:        Authority G.S. 20-231; 20‑325;

Eff. July 2, 1979;

Amended Eff. December 1, 1993; February 1, 1988; May 1, 1987; June 1, 1982.

 

19 NCAC 03I .0804           PROBATIONARY PERIOD

If any school or instructor is found to be in violation of any provision of G.S. 20 Article 14, or any provision of these Rules, the school or instructor may be placed on probation.  The length of the probationary period may not exceed one year.  The probationary period shall be determined by the Commissioner or the Commissioner's authorized representative.  The request by a school or an instructor for a hearing shall follow the same procedure as listed in Rule .0803 of this Section.

 

Authority G.S. 20-321; 20-322; 20-323; 20-325;

Eff. August 1, 2000.

 

SECTION .0900 ‑ COMMERCIAL TRUCK DRIVER TRAINING SCHOOLS

 

19A NCAC 03I .0901        PURPOSE

19A NCAC 03I .0902        DEFINITIONS

19A NCAC 03I .0903        CONTRACTS

19A NCAC 03I .0904        CANCELLATION AND REFUND PROCEDURES

19A NCAC 03I .0905        COURSE OF INSTRUCTION

19A NCAC 03I .0906        STUDENT REQUIREMENTS

19A NCAC 03I .0907        REPORTS TO BE SUBMITTED

19A NCAC 03I .0908        ADVERTISING

19A NCAC 03I .0909        MISCELLANEOUS

 

History Note:        Authority G.S. 20‑320 through 20‑328;

Eff. July 1, 1983;

Amended Eff. November 1, 1984; February 1, 1984;

Repealed Eff. May 1, 1987.

 

 

 

SUBCHAPTER 03J ‑ RULES AND REGULATIONS GOVERNING THE LICENSING OF COMMERCIAL Truck DRIVER TRAINING SCHOOLS AND INSTRUCTORS

 

SECTION .0100 ‑ COMMERCIAL DRIVER TRAINING SCHOOLS

 

19a ncac 03j .0101       PURPOSE OF REGULATIONS

Article 14, Chapter 20 of the General Statutes of North Carolina provides for the licensing and regulation of commercial driver training schools and instructors.  Pursuant to the authority contained in this law, the Commissioner of Motor Vehicles has hereby adopted the rules in this Subchapter concerning the administration and enforcement of that Article.  These Rules establish minimum standards for the operation of commercial driver training schools and will be used by the Division of Motor Vehicles in administering Article 14.

 

History Note:        Authority G.S. 20‑320; 20-321; 20-322; 20-323; 20-324; 20-325; 20-326; 20-327; 20-328;

Eff. May 1, 1987;

Amended Eff. August 1, 2002; January 1, 1994.

 

19A NCAC 03J .0102       DEFINITIONS

For the purpose of this Subchapter, the following definitions shall apply:

(1)           "Actively Enrolled" means any student who is neither a graduate nor has failed to complete his or her course.

(2)           "Base Period" means a six‑month period from January 1 through June 30 or from July 1 through December 31.

(3)           "Constructive Notice" means a student's notice of intention to withdraw from a course by failing to attend residence instructional facilities for a period of three consecutive days on which that class meets.

(4)           "Cooling off Period" means five days from the time the student is given or mailed a signed copy of his completed contract.

(5)           "Enrollment contract" means any agreement or instrument, however named, which creates or evidences an obligation binding a student to purchase a course from a school.

(6)           "Fail to Complete" means any student who does not fully complete the required 160 hours of the lessons or classes required by the Division as constituting the full course of study and who cancels by any of the methods prescribed.

(7)           "Field Training" means off‑road training in and around the truck.  Refer to Rule .0306(2)(b), (c), (e), and (i) of Section .0300.

(8)           "Foreign Commercial Driver Training School" means an enterprise located outside North Carolina which solicits, advertises, or offers commercial motor vehicle driver training to residents of North Carolina.

(9)           "General Job or Earnings Claim" means any express claim or representation concerning the general conditions or employment demand in any employment market now or at any time in the future or the amount of salary or earnings generally available to persons employed in any occupation.

(10)         "Graduate" means any student who fully completes the required 160 hours of the lessons or classes required by the Division and discharges any other requirements or obligations established by the school as prerequisites for completing the full course of study.

(11)         "Job or Earnings Claim" means any general or specific job or earnings claim.

(12)         "Media Advertisement" means any advertisement disseminated to the public by means of print or broadcast media, including newspapers, magazines, radio, television, posters, or any other means.  It does not include promotional materials that are available from a school or distributed by its sales representatives.

(13)         "Most Recent Base Period" means the latest base period.

(14)         "New Course" means any course which has a substantially different course content and occupational objective from any course previously offered by the school and which has been offered for a period of time less than six months.

(15)         "Prospective Student" means any person who seeks to enroll in a course.

(16)         "Recruiter/Salesman" means any person who is employed by a commercial truck driver training school, directly or indirectly, to recruit students for a school.  This definition includes persons who are employed by another person who is a direct employee or broker for a school.

(17)         "Refresher Course" means a minimum 80-hour course which offers classroom and behind the wheel instruction for drivers who have previously held a CDL, Class A, or Chauffeurs License.

(18)         "Seminar" means a course of 40 hours or less offering educational materials and classroom instruction only in order to prepare a student for an examination given by the State for a driver's license.

(19)         "Specific Job or Earnings Claim" means any express claim or representation concerning the employment opportunities available to students or the demand for students who purchase the school's course, or the amount of salary or earnings available to students who purchase the school's course.

(20)         "Student" means any person who has signed an enrollment contract with a school and not canceled that contract before the cooling‑off‑period, specified in this Rule, has ended.

(21)         "Total Contract Price" means the total price for the enrollment contract, including charges for registration, ancillary services, and any finance charges.

 

History Note:        Authority G.S. 20‑320; 20‑321;

Eff. May 1, 1987;

Amended Eff. August 1, 2002; August 1, 1998; January 1, 1994; February 1, 1991.

 

SECTION .0200 ‑ REQUIREMENTS AND APPLICATIONS FOR COMMERCIAL TRUCK DRIVER TRAINING SCHOOLS

 

19A ncac 03J .0201       REQUIREMENTS

(a)  The Division shall not issue a commercial driver training school license to any individual, partnership, group, association, or corporation unless:

(1)           The individual, partnership, group, association, or corporation has at least one motor vehicle registered or leased in the name of the school, which vehicle has been inspected by a representative of the Division and vehicle insurance certified as required by this Subchapter for use by the school for driver training purposes and driver instruction.

(2)           The individual, partnership, group, association, or corporation has at least one person licensed by the Division as a commercial driver training instructor for that school.

(3)           Each manager or owner‑operator of a commercial driver training school or branch shall:

(A)          be of good moral character which is defined as not having been convicted of a felony or misdemeanor involving moral turpitude in the five years immediately preceding the date of application;

(B)          be at least 18 years of age; and

(C)          not have had a revocation or suspension of his operator's or chauffeur's license in the two years immediately preceding the date of application.

(4)           In the case of a foreign commercial driver training school, recruiting in North Carolina, the school submits the following items to the Division:

(A)          a copy of the school's license;

(B)          a course description, including topics taught and the length of the course;

(C)          a list of equipment available for training;

(D)          a copy of the contract complete with the fee charged; and

(E)           the names of the persons who represent the school in North Carolina;

provided, Subparagraphs (a)(1) and (a)(4)(C) of this Paragraph shall not apply to schools offering seminar training only.

(b)  All commercial driver training schools recruiting in North Carolina shall submit to the Division a surety bond in the amount of thirty thousand dollars ($30,000) for schools offering courses of instruction of 160 hours or more and ten thousand dollars ($10,000) for schools offering seminar training only.

 

History Note:        Authority G.S. 20‑320; 20-321; 20-322; 20-323; 20-324; 20-325; 20-326; 20-327; 20-328;

Eff. May 1, 1987;

Amended Eff. August 1, 2002; January 1, 1994; February 1, 1991.

 

19a ncac 03J .0202       ORIGINAL APPLICATION

Each original application for a commercial driver training school license shall consist of the following:

(1)           Application for license;

(2)           Personal history statement of owner‑operator or manager to include full name, place of birth, date of birth, marital status, permanent address, social security number, employment history, and financial statement;

(3)           Proposed plan of operation;

(4)           Proof of liability insurance;

(5)           Sample copies of contracts;

(6)           A check or money order in the amount of eighty dollars ($80.00).  This fee is due for both original and renewal applications for license;

(7)           Certificate of assumed name; and

(8)           Surety bond.

Items (1), (2) and (3) of this Rule shall be provided upon forms issued by the Division.

 

History Note:        Authority G.S. 20-320; 20-321; 20-322; 20-323;

Eff. May 1, 1987;

Amended Eff. August 1, 2002; January 1, 1994.

 

19A ncac 03J .0203       RENEWAL APPLICATIONS

Renewal applications shall be made within 60 days prior to the expiration of license.  All licenses issued expire two years after the date the license is issued and no school is permitted to operate with an expired license.  However, applications for renewal may be accepted for up to 30 days from the date of expiration.  Any license expired for more than 30 days shall be deemed permanently lapsed and renewal of such license must be by the same process as required for an entirely new school, with all forms and certifications being required.

 

History Note:        Authority G.S. 20-320; 20-321; 20-324; 20-325; 20-327;

Eff. May 1, 1987;

Amended Eff. August 1, 2002.

 

19a ncac 03J .0204       DUPLICATE COPIES

All applications, either original or renewal, for a commercial driver training school or branch shall be completed in duplicate.  The original copy of each form shall be submitted to the Enforcement Section of the Division of Motor Vehicles at the following address: 1100 New Bern Avenue, Raleigh, North Carolina 27697‑0001.  A copy of each form shall be filed at the place of business.

 

History Note:        Authority G.S. 20-320; 20-321; 20-324;

Eff. May 1, 1987;

Amended Eff. August 1, 2002; February 1, 1991.

 

19A NCAC 03J .0205       CHANGES IN APPLICATION INFORMATION

The Division must be notified in writing within 10 days of any changes in the officers, directors, manager, or instructors of any school or branch.  The Division must also be informed within 10 days of the addition or deletion of any motor vehicles and a supplemental schedule of motor vehicles must be filed.  (Supplemental motor vehicle schedules shall be accompanied by a properly executed insurance certificate.)  If the school has a change in ownership, the new owner must file an original application with the Division as described in Rule .0202 of this Section and be approved by the Division before beginning operation of the school under the new ownership.  Failure to inform the Division of the required changes shall be grounds for suspension or revocation of the license.

 

History Note:        Authority G.S. 20‑320 through 20‑328;

Eff. May 1, 1987.

 

19a ncac 03J .0206       BRANCH OFFICES

Any school desiring to open a branch shall make application for such branch on forms furnished by the Division in the same manner and to the same extent as for an original license.  A commercial driver training school may operate a branch office anywhere in the state provided:

(1)           The branch meets all the requirements of the principal place of business.

(2)           The branch is identified as a "branch office" by a permanent sign which indicates the location of the principal place of business and which is visible to the general public.

 

History Note:        Authority G.S. 20-321; 20-324; 20-325;

Eff. May 1, 1987;

Amended Eff. August 1, 2002.

 

19a ncac 03J .0207       SURRENDER OF LICENSES

Any licensed commercial driver training school or branch which ceases to carry on the business of giving instruction in the driving of commercial motor vehicles or which has a change of ownership shall, within five days, surrender its commercial driver training school license and all instructor licenses issued to driver training instructors employed by the school.

 

History Note:        Authority G.S. 20-320; 20-321; 20-322; 20-323; 20-324; 20-325; 20-327;

Eff. May 1, 1987;

Amended Eff. August 1, 2002.

 

19A NCAC 03J .0208       LICENSE REQUIRED

 

History Note:        Authority G.S.20‑322;

Eff. May 1, 1987;

Repealed Eff. January 1, 1994.

 

SECTION .0300 ‑ SCHOOL LOCATION:  PHYSICAL FACILITIES: AND COURSES OF INSTRUCTION

 

19A NCAC 03J .0301       GENERAL PROVISIONS

Every school shall maintain a principal place of business open to the public in a permanent‑type building.  Schools or branches may not be located within or adjacent to a building in which applications for driver licenses are received by the Division and no business may be solicited on property occupied by or adjacent to a building in which applications for driver's licenses are received by the Division.

 

History Note:        Authority G.S. 20‑320 through 20‑328;

Eff. May 1, 1987.

 

19A NCAC 03J .0302       OFFICE

The office shall be the principal place of business, in the same location as but physically separated from the classroom facility, and must be sufficient for conducting all business related to the operation of the school including, but not limited to:

(1)           Facilities for conducting personal interviews.

(2)           Storage of all records required for the operation of the school.

(3)           Secretarial or telephone answering service available for a minimum of six hours between 9:00 a.m. and 5:00 p.m. on normal business days.

 

History Note:        Authority G.S. 20‑320 through 20‑328;

Eff. May 1, 1987.

 

19A NCAC 03J .0303       CLASSROOM FACILITY

The classroom facility shall meet the following minimum requirements:

(1)           A minimum overall size of not less than 120 square feet (which includes at least 70 square feet for the instructor and his equipment and at least 12 square feet for each student).

(2)           Lighting, heating, and ventilation systems that are in compliance with all state and local laws and ordinances including, but not limited to, zoning, public health, safety, and sanitation.

(3)           Seats and writing surfaces for all students; blackboards visible from all seats; charts, diagrams, mock‑ups, and pictures relating to the operation of motor vehicles, traffic laws, physical forces, and correct driving procedures; a copy of the Driver's Handbook published by the Division for each student; and other textbooks deemed necessary by the instructor.

(4)           Restroom facilities sufficient for the class size must be provided.

(5)           Covered shelter must be provided for students when on the field range to protect them from the weather when not driving.

(6)           Seminar only courses must provide seats and writing surfaces for all students and printed instructional materials deemed necessary by the instructor.  Seminars may be conducted at any location meeting the requirements in this Rule provided prior notice is given to and approval is given by the Enforcement Section.

 

History Note:        Authority G.S. 20‑320 through 20‑328;

Eff. May 1, 1987;

Amended Eff. January 1, 1994; February 1, 1991.

 

19A NCAC 03J .0304       DISPLAY OF LICENSES

Every school and branch must display in a prominent place in its office licenses issued to it by the Division for the school and its instructors.

 

History Note:        Authority G.S. 20‑320 through 20‑328;

Eff. May 1, 1987.

 

19a ncac 03J .0305       INSPECTIONS

The Division shall make periodic inspections (at least annually) of schools and branches to determine compliance with statutes and rules.  The inspection shall be made during regular business hours by authorized representatives of the Division.  Inspections shall include examination of all school records, contracts, classroom facilities, training devices, instructional materials and instructional methods, vehicles, and any other item required by law or regulation.  Each owner, partner, associate, corporate officer, or employee of any commercial driver training school shall cooperate with the Division's representative and, upon demand, shall exhibit all records, instructional aids, equipment, and any other items which are required for the inspection.  Refusal to permit inspections shall be grounds for revocation of the license.  Records shall be retained by the school for a period of three years.

 

History Note:        Authority G.S. 20-320; 20-321; 20-322; 20-323; 20-325; 20-327;

Eff. May 1, 1987;

Amended Eff. August 1, 2002; January 1, 1994.

 

19A NCAC 03J .0306       COURSE OF INSTRUCTION

(a)  The commercial driving course to be taken by licensed persons who are 18 years old or older must meet the following requirements:

(1)           Minimum hours of instruction:

(A)          classroom instruction, including testing                                                                          50 hours

(B)          field instruction                                                                                                                    50 hours

(C)          highway behind‑the‑wheel training                                                                                  20 hours

(D)          observation (highway behind‑the‑wheel)                                                                        40 hours

                                                                                                                                                Total ‑ 160 hours

The hours of instruction may be expressed in credit hours provided the school is accredited by an accrediting agency recognized by the United States Department of Education and the conversion ratio of that accrediting agency is properly used.

(2)           Content of classroom and behind‑the‑wheel instruction:

(A)          laws relating to interstate and intrastate operations;

(B)          pre‑trip inspection;

(C)          coupling and uncoupling of combination units, if the equipment to be driven includes such units;

(D)          placing the vehicle in operation;

(E)           use of the vehicle's controls and emergency equipment;

(F)           operation in inner‑city and interstate highway traffic and passing;

(G)          turning the vehicle;

(H)          braking and slowing the vehicle by means other than applying the brakes;

(I)            backing and parking the vehicle;

(J)            experience operating property hauling vehicles with a minimum gross vehicle weight of 49,000 pounds or experience operating passenger motor coach vehicles having a minimum capacity of 46 persons; and

(K)          completing Driver's Daily Log books.

(3)           Other requirements:

(A)          the 160 hours of instructions required by this Rule shall be completed in no less than four calendar weeks;

(B)          three hours of the 20 hours of behind‑the‑wheel highway training must be completed by each student between dusk and dawn;

(C)          one vehicle must be provided for each three students during highway training.  Four students per vehicle are permitted if the vehicle has been inspected and approved by the Division.  The Division shall approve the vehicle if it determines the vehicle will seat four people.  No more than four students per vehicle and no more than four vehicles per instructor shall be allowed for field training; and

(D)          a Driver's Daily Log must be kept for each student to reflect the 160 hours of instruction.

(b)  Credit for Prior Instruction.  Credit for prior instruction or training given by another agency or school may be granted.  Such credit may be granted by the school to which the candidate is applying if the prior instruction or training is equivalent to the corresponding part or parts of the course required by North Carolina law and if such credit is confirmed and authorized as equivalent by the Enforcement Section of the Division.

(c)  In addition to the course requirements of Paragraph (a) of this Rule, schools may offer a "Refresher Course" which shall meet the following requirements:

(1)           Minimum hours of instruction shall total 80 hours as follows:

(A)          Classroom instruction, labs, and testing                                                                          25 hours

(B)          Field instruction                                                                                                                   25 hours

(C)          Highway behind the wheel training                                                                                 10 hours

(D)          Observation (highway behind the wheel)                                                                        20 hours

   Total - 80 hours

The hours of instruction may be expressed in credit hours provided the school is accredited by an accrediting agency recognized by the United States Department of Education and the conversion ratio of that accrediting agency is properly used.

(2)           Content of Classroom and behind the wheel instruction shall be as follows:

(A)          Laws relating to interstate and intrastate operations;

(B)          Pre-trip inspection;

(C)          Coupling and uncoupling of combination units, if the equipment to be driven includes such units;

(D)          Placing the vehicle in operation;

(E)           Use of the vehicle's controls and emergency equipment;

(F)           Operation in inner-city and interstate highway traffic and passing;

(G)          Turning the vehicle;

(H)          Braking and slowing the vehicle by means other than applying the brakes;

(I)            Backing and parking the vehicle;

(J)            Experience operating property hauling vehicles with a minimum gross weight of 49,000 pounds or experience operating passenger motor coach vehicles having a minimum capacity of 46 passengers; and

(K)          Completing Drivers Daily Log books.

(3)           Other requirements are as follows:

(A)          The 80 hours of instruction required by this Rule shall be completed in no less than two calendar weeks;

(B)          Two hours of the 10 hours behind the wheel highway training shall be completed by each student between dusk and dawn;

(C)          One vehicle must be provided for each three students during highway training.  Four students per vehicle are permitted if the vehicle has been inspected and approved for such use by the Division.  The Division shall approve the vehicle if it determines the vehicle will seat four people.  No more than four students shall be allowed per vehicle for field training; and;

(D)          A drivers log must be kept for each student to reflect the 80 hours of instruction.

 

History Note:        Authority G.S. 20-321; 20-322; 20-323;

Eff. May 1, 1987;

Amended Eff. August 1, 2002; August 1, 1998; April 1, 1997; January 1, 1994; May 1, 1990.

 

19A NCAC 03J .0307       STUDENT REQUIREMENTS

Students 18 years of age or older but less than 21 years of age must be informed by the owner(s) or officers of the school of the age restrictions and limitations established by the United States Department of Transportation and the Motor Carrier Safety Unit of the Division of Motor Vehicles.

 

History Note:        Authority G.S. 20‑320 through 20‑328;

Eff. May 1, 1987;

Amended Eff. April 1, 1997; January 1, 1994; May 1, 1990.

 

19a ncac 03J .0308       REPORTS TO BE SUBMITTED

(a)  Every commercial driver training school offering a full program shall submit to the Division the following reports:

(1)           A schedule of classes for each licensing period.

(2)           A class roster as of the first day of class, which roster shall include the name, address, telephone number, and driver's license number of each student.

(3)           A copy of each student's contract(s).

(4)           A list of salesmen/recruiters working for the school (directly or indirectly) at the beginning of the licensing period, with additions or deletions to be filed within 30 days of such change.

(b)  Every commercial driver training school offering seminars only shall submit and obtain approval of a course plan as required in Rules .0201 and .0306 of this Subchapter at least 30 days prior to the class.  It shall also submit items in Subparagraphs (a)(1) and (a)(4) of this Rule.

(c)  Every commercial driver training school offering a "refresher course" shall submit in addition to the requirements of Paragraph (a) of this Rule, a seven-year driving record attached to each student's contract.

 

History Note:        Authority G.S. 20-321; 20-322; 20-323; 20-324; 20-325;

Eff. May 1, 1987;

Amended Eff. August 1, 2002; August 1, 1998; April 1, 1997; January 1, 1994; February 1, 1991.

 

SECTION .0400 ‑ MOTOR VEHICLES USED IN INSTRUCTION

 

19a ncac 03J .0401       VEHICLE EQUIPMENT

(a)  Behind‑the‑wheel instruction of students in commercial driver training schools shall be conducted in motor vehicles owned or leased by the school.  All vehicles used for the purpose of demonstration and practice shall:

(1)           If used for field instruction be equipped with:

(A)          seatbelts as required by Federal and State law;

(B)          an outside rearview mirror mounted on the right side of the vehicle;

(C)          a heater, defroster, turn signals and brake lights; and

(D)          all other equipment required by G..S. 20 except that a working speedometer is not required.

(2)           Bear conspicuously displayed signs with the words "Student Driver" in letters not less than six inches in height on both the front and rear of the vehicle and also bear conspicuously displayed signs with the name and location of the school in letters not less than three inches in height on both sides of the power unit and on the back of the trailer.

(3)           Meet the safety requirements for commercial motor vehicles as found in CFR 49 Parts 390-397.

(b)  No school equipment shall be used to transport property or persons for compensation, other than a properly enrolled student, except when school equipment is used by certified third party examiners in accordance with the requirements of 19A NCAC 03B .0700 of these Rules, while conducting third party testing, and the school may charge a reasonable fee for the use of the school's equipment.

 

History Note:        Authority G.S. 20‑320; 20-321; 20-322; 20-323; 20-324; 20-325; 20-326; 20-327; 20‑328;

Eff. May 1, 1987;

Amended Eff. August 1, 2002; August 1, 1994; January 1, 1994; May 1, 1990.

 

19a ncac 03J .0402       REGISTRATION: INSURANCE: INSPECTION

(a)  Each vehicle used by the school on the highway shall be titled and registered as required by G.S. 20 and bear a current inspection certificate.  Each yard vehicle used by the school shall be titled as required by G.S. 20.

(b)  Each vehicle used by the school shall be insured by a company licensed to do business in North Carolina against liability in the amount of at least twenty-five thousand dollars ($25,000) because of injury to or destruction of property of others in any one accident, fifty thousand dollars ($50,000) because of bodily injury to or death or one person in any one accident, and one hundred thousand dollars ($100,000) because of bodily injury to or death of two or more persons in any one accident.  This insurance coverage shall be secured on an annual basis.  In the event coverage for any vehicle used for driver instruction or training shall not be renewed, the school shall give written notice to the Division at least 10 days prior to the expiration date of the coverage.  A certificate of insurance coverage shall be filed by the insurance underwriter with the Division.  Cancellation shall be accomplished upon 15 days prior written notice to the Division by the insurance underwriter.

(c)  Each vehicle used by a school shall be listed and inspected in the manner prescribed in CFR 49 Part 396.  In addition, each vehicle shall be inspected and approved by a representative of the Division before it is used.  Each vehicle shall be inspected and approved by a representative of the Division annually and at any other reasonable time as indicated by the circumstances.

(d)  Vehicles used for off‑road field training must be titled, but are not required to meet North Carolina registration requirements.

 

History Note:        Authority G.S. 20-320; 20-321; 20-322; 20-323; 20-324; 20-325; 20-327;

Eff. May 1, 1987;

Amended Eff. August 1, 2002.

 

19A NCAC 03J .0403       SPECIAL REQUIREMENT

At least one of the vehicles used in a commercial truck driver training school shall be a tractor‑trailer combination unit and other vehicles may be of the type necessary to carry out the instructional program of the school.  All vehicles used in the instructional program shall meet the equipment requirements of Chapter 20 of the North Carolina General Statutes.

 

History Note:        Authority G.S. 20‑320 through 20‑328;

Eff. May 1, 1987.

 

SECTION .0500 ‑ REQUIREMENTS AND APPLICATIONS FOR DRIVER TRAINING INSTRUCTOR

 

19A NCAC 03J .0501       REQUIREMENTS

(a)  A Class I instructor may conduct driver training in the classroom, on the field and on the road.  Each Class I instructor shall:

(1)           Be at least 21 years of age, have at least two years experience operating a Class A vehicle and hold a valid Class A license; provided, on and after April 1, 1992 each instructor must hold a valid Class A commercial license from his state of residence.

(2)           Not have been convicted of a felony, or convicted of a misdemeanor involving moral turpitude, in the ten years immediately preceding the date of application.

(3)           Not have had a revocation or suspension of his driver's license in the two years immediately preceding the date of application.

(4)           Have graduated from high school and submit high school diploma or submit a high school equivalency certificate.

(5)           Not have had convictions for moving violations totaling seven or more cumulative points within three years of the date of application.

(6)           Have at least two years of continuous commercial motor vehicle driving experience within the previous five years from the date of application.

(b)  A Class II instructor may conduct driver training in the classroom and on the field only.  Each Class II instructor shall:

(1)           Not have been convicted of a felony, or convicted of a misdemeanor involving moral turpitude, in the ten years immediately preceding the date of application.

(2)           Not have had a revocation or suspension of his driver's license in the two years immediately preceding the date of application.

(3)           Have graduated from high school and submit a high school diploma or a high school equivalency certificate.

(4)           Have at least two years of continuous commercial motor vehicle driving experience within the previous five years from the date of application.

(c)  A Class I or II instructor‑trainee may assist a licensed Class I or II instructor while his instructor's license application is pending at the Division.  The Division must be notified in writing within five days of the date the trainee is hired.  An instructor‑trainee of either class:

(1)           may work in that capacity for only 30 days from the date he is hired;

(2)           may instruct in the classroom and on the field only with a licensed instructor present at all times;

(3)           may not instruct or accompany students on the road until licensed; and

(4)           must wear an identification badge which clearly identifies the individual as an instructor‑trainee.

 

History Note:        Authority G.S. 20‑320; 20-321; 20-322; 20-323; 20-324; 20-325; 20-326; 20-327; 20‑328;

Eff. May 1, 1987;

Amended Eff. August 1, 2002; August 1, 1994; May 1, 1990.

 

19A NCAC 03J .0502       ORIGINAL APPLICATION

Each original application for a commercial driver training instructor license shall consist of:

(1)           A combination application and personal history form which must be completed and signed by the applicant.

(2)           A physical examination report completed and signed by a licensed physician.

(3)           Copy of high school diploma or equivalency certificate.

(4)           A driver license record check for the previous three years.

(5)           Consent form for background information.

(6)           A check or money order in the amount of sixteen dollars ($16.00).

(7)           Five-year criminal history check.

 

History Note:        Authority G.S. 20‑320; 20-321; 20-322; 20-323;

Eff. May 1, 1987;

Amended Eff. August 1, 2002.

 

19a ncac 03j .0503       RENEWAL APPLICATION

Renewal application shall be made by an instructor within 60 days prior to the expiration of license.  All licenses issued expire two years after the date the license is issued and no instructor may operate with an expired license.  However, applications for renewal may be accepted for up to 30 days from the date of expiration.  Any license expired for more than 30 days shall be deemed permanently lapsed and renewal of such license must be by the same process as required for an entirely new license, with all forms and certifications being required.

 

History Note:        Authority G.S. 20-320; 20-321; 20-322; 20-323; 20-324; 20-325;

Eff. May 1, 1987;

Amended Eff. August 1, 2002.

 

19a ncac 03j .0504       DUPLICATE COPIES

All applications, either original or renewal, for a commercial driver training instructor license shall be completed in duplicate.  The original copy of each form shall be submitted to the Enforcement Section of the Division of Motor Vehicles.  A copy of each form shall be filed at the place of business.

 

History Note:        Authority G.S. 20-320; 20-321; 20-324;

Eff. May 1, 1987;

Amended Eff. August 1, 2002.

 

19A NCAC 03J .0505       CONFIDENTIALITY

19A NCAC 03J .0506       LICENSE FEES

 

History Note:        Authority G.S. 20‑320 through 20‑328;

Eff. May 1, 1987;

Repealed Eff. January 1, 1994.

 

19a ncac 03J .0507       SURRENDER OF LICENSES

Any licensed commercial driver training instructor who ceases to give instruction in the driving of motor vehicles for the school for which he is licensed shall surrender his instructor's license within five days.  The owner, partner, or chief corporate officer of the school shall be responsible for the return of the instructor's license to the Division on termination of employment of any instructor.

 

History Note:        Authority G.S. 20-320; 20-321; 20-322; 20-323; 20-324; 20-325; 20-327;

Eff. May 1, 1987;

Amended Eff.  August 1, 2002.

 

19A NCAC 03J .0508       LICENSE REQUIRED

No person shall act as an instructor without the proper license as set forth in this Subchapter; provided, up to 24 hours of classroom instruction in a minimum 320 hour course and up to 12 hours of classroom instruction in a minimum 160 hour course may be provided by an unlicensed instructor if the subject matter and lesson plan have been given prior approval by the Division.

 

History Note:        Authority G.S. 20‑323;

Eff. May 1, 1987;

Amended Eff. January 1, 1994; May 1, 1990.

 

SECTION .0600 – CONTRACTS

 

19a ncac 03J .0601       REQUIREMENTS

Commercial driver training school contracts for students are required if the course of instruction contracted for by the student is a refresher course or a course of 160 hours or more.  The contract shall contain, but is not limited to, the following information:

(1)           The agreed total contract charges and full terms of payment thereof.

(2)           The number, nature, time, and extent of lessons contracted for, including:

(a)           minimum hours of instruction as required in Rule .0306 of this Subchapter;

(b)           rate for use of school vehicle for a driver's license road test, if an extra charge is made.

(3)           A statement which reads substantially as follows: "This agreement constitutes the entire contract between the school and the student, and any verbal assurances or promises not contained herein shall bind neither the school nor the student."

(4)           A statement which reads as follows: "This school is licensed by the State of North Carolina, Division of Motor Vehicles."

(5)           A statement which reads as follows: "If you, as a student, are unable to settle a dispute with the school, please direct your grievances to the North Carolina Division of Motor Vehicles, Enforcement Section, 1100 New Bern Avenue, Raleigh, North Carolina 27697‑0001."

 

History Note:        Authority G.S. 20-320; 20‑321; 20‑322; 20-323;

Eff. May 1, 1987;

Amended Eff. August 1, 2002; August 1, 1998; January 1, 1994; February 1, 1991; May 1, 1990.

 

19a ncac 03J .0602       PROHIBITED CONTRACT PROVISIONS

Commercial driver training school contracts shall not contain the following:

(1)           The statement "no refund" or its equivalent.

(2)           Any statement to the effect that a driver's license is guaranteed or otherwise promised as a result of the driver's license training course.

 

History Note:        Authority G.S. 20‑320; 20-321; 20-322; 20-323; 20-325; 20-327;

Eff. May 1, 1987;

Amended Eff. August 1, 2002.

 

19a ncac 03J .0603       FILING OF CONTRACT WITH THE DIVISION

The commercial driver training school shall file with the Division sample copies of all written contracts and agreements at the time of the original application and also at any time thereafter when alterations to contracts are proposed.

 

History Note:        Authority G.S. 20‑320; 20-321; 20-322; 20-323; 20-324; 20-325; 20-327;

Eff. May 1, 1987;

Amended Eff. August 1, 2002.

 

19a ncac 03J .0604       CONTRACT PROVISIONS

(a)  The school must give the prospective student a completed copy of the enrollment contract at the time the prospective student signs the contract or  upon the school's receipt of an enrollment contract completed entirely by mail.  The enrollment contract must be written in the same language as the oral sales presentation, if any, made by the school and must contain the name and address of the school.

(b)  The school must place on the enrollment contract the explanation of the prospective student's cooling‑off rights required by Rule .0605 of this Section.  If the school does not place the notice on the front page of the enrollment contract, the school must place on the front page the following notice: "An explanation of your cancellation and refund rights is on page (page number) of this contract."  This notice must be printed in boldface type.

(c)  After the school has accepted the enrollment contract of the prospective student, the school must furnish the prospective student with the disclosure of the school's graduation rate and placement rate.

(d)  If a school makes a job or earnings claim for a course other than a new course, the school shall disclose the following placement information on the disclosure form entitled, "How Our Students Are Doing."  The School shall disclose these figures for individuals who became students during the school's most recent base period:

(1)           the number of students;

(2)           the number and percentage of those students who graduated;

(3)           the number and percentage of those  students who remained actively enrolled at the end of that time;

(4)           the number and percentage of graduates who, within four months of leaving the course, obtained employment as commercial motor vehicle drivers; and

(5)           the number and percentage of these graduates who refused to provide salary information.

A school may, at its option, include the following statement on the disclosure form: "In evaluating our record, remember not all of our students took this course to get a job as a commercial motor vehicle driver.  Also, we were unable to reach some of our graduates to see if they got jobs.  So, our placement percentage might be understated."

(e)  The disclosure specified by Paragraph (d) of this Rule must be based on the school's actual knowledge of its students' experiences. Actual knowledge shall be verified, at a minimum, by a list that includes the following information for each student who is counted as obtaining employment in a job for which the course prepared him or her:

(1)           the student's name and address (or telephone number);

(2)           the employer's name;

(3)           the name or title of the job obtained;

(4)           information that indicates that the job was obtained within four months of leaving the course; and

(5)           the student's annual gross salary expressed in increments of two thousand dollars ($2,000) or an indication of the student's refusal to provide such salary information.

(f)  No school shall make any specific job or earnings claim for a new course.

(g)  The information required or permitted to be disclosed under Paragraph (d) of this Rule shall be contained in a disclosure form entitled, "How Our Students are doing."  The disclosure form shall contain no other information or representations.  This form must be mailed to all prospective students who have signed enrollment contracts if a school makes a general job or earnings claim or a specific job or earnings claim.

(h)  If a school makes a general job or earnings claim or a specific job or earnings claim that is not substantiated by the disclosure form required by Paragraph (d) of this Rule, the school must not know or have reason to know of facts which would make the claim inapplicable to the school, its enrollees, or a particular geographical area served by the school.  A reasonable basis shall consist of a statistically valid and reliable survey which substantiates the claim.

(i)  Nothing in Paragraph (d) in this Rule shall be construed as prohibiting schools from making jobs or earnings claims which are substantiated by projections from the "Occupational Outlook Handbook" published by the Bureau of Labor Statistics or by similar projections published by other Federal or State agencies.  However, when such claims are contained in non‑media advertising, the schools must clearly and conspicuously disclose in immediate conjunction with the claim, any limitations, restrictions, or caveats accompanying or made applicable to those projections in their original source.

(j)  A school shall maintain records adequate to disclose the facts upon which each claim covered by this Rule is based.  Such records shall be maintained for three years from the date the claim is made and, after compliance with any applicable Federal law concerning the privacy or confidentiality of student records, shall be made available for inspection and copying by DMV officials upon reasonable notice and during regular business hours.

(k)  Home study courses shall be accredited by an accrediting agency approved by the United States Department of Education.

 

History Note:        Authority G.S. 20‑320; 20-321; 20-322; 20-323; 20-324; 20-325; 20-326; 20-327; 20‑328;

Eff. May 1, 1987;

Amended Eff. August 1, 2002; January 1, 1994.

 

19A NCAC 03J .0605       CANCELLATION AND REFUND PROCEDURES AND COOLING-OFF RIGHTS

(a)  After the cooling‑off period has ended, a student may cancel his or her enrollment in the course by notifying the school.  Cancellation by the student is effective on the date the student mails or delivers written notification to the school or on the date that the student gives the school constructive notice of his or her intention to withdraw from the course.

(b)  If a prospective student cancels the enrollment contract during the period described in the notices required, the school must refund all payments made by the prospective student and cancel and return any evidence of indebtedness within 21 days after receiving any notice of cancellation.  If a school fails to comply with the proper enrollment and cooling‑off procedure, it shall not retain any money or evidence of indebtedness from a prospective student.

(c)  If a student gives the school written notice of his or her intention to remain enrolled in a course, the time period for measuring constructive notice will begin anew from the date of the written notice.  Any prior cancellation by virtue of the student's constructive notice will not be effective if the student provides this written notice of his or her intention to remain enrolled.

(d)  If a student cancels his or her enrollment contract after the cooling‑off period, the school shall not receive, demand, or retain more than the one hundred and fifty dollar ($150.00) registration fee and a pro rata portion of the total contract price. This total pro rata portion shall be calculated by dividing the total number of course hours by the total contract price to obtain an hourly rate.  This hourly rate shall be multiplied by the actual number of hours the student attended the school.  Refunds must be made within 21 days.

(e)  For courses consisting of a combination of home study lessons and resident training, not more than one hundred dollars ($100.00) in addition to the registration fee referred to in Paragraph (d) of this Rule shall be retained by the school for those students who fail to enter resident training, unless the school submits affirmative evidence acceptable to the Commissioner of Motor Vehicles disclosing the home study lessons are of such quality and content as to reasonably assure that the students will achieve the stated objective without the resident training portion of the course.

(f)  The school must include in the enrollment contract the following notice: "CANCELING THIS CONTRACT."  "A student may cancel this agreement at any time before the commencement of classes and prior to the end of the five day cooling-off period and receive a full refund of the tuition that has been paid by the student.  The NOTICE OF CANCELLATION to be given by the student shall be in writing and may be delivered by Registered Mail or in person to an owner, partner, corporate officer, agent, or other representative of the school.  The cooling-off period begins when the student is given or mailed a signed copy of the completed contract.  Contracts canceled after the cooling-off period entitle the school to retain not more than one hundred fifty dollars ($150.00) registration fee and a pro rata portion of the total contract price based on the number of hours the student attended school.  Refunds must be made within 21 days following delivery of the NOTICE OF CANCELLATION."  The title of the notice "CANCELING THIS CONTRACT" must be in all capitals with boldface type.

(g)  If either the school or the instructor fails to comply with the provisions of any contract or agreement between the school and the student, the school shall refund, on a pro rata basis, all monies collected from the student as consideration for the performance of the contract or the agreement.

 

History Note:        Authority G.S. 20‑320 through 20‑328;

Eff. May 1, 1987;

Amended Eff. January 1, 1994.

 

19A NCAC 03J .0606       MISCELLANEOUS

The school may not include in the enrollment contract or any other document a waiver of any of the rights or obligations created by this Section.  No oral waiver of any of these rights or obligations shall be effective.

 

History Note:        Authority G.S. 20‑320 through 20‑328;

Eff. May 1, 1987.

 

SECTION .0700 ‑ BONDING AND ADVERTISING

 

19A NCAC 03J .0701       BONDS

Prior to license approval, a school shall file with the Division a continuous "cash" or "surety" bond written by a company licensed to do business in North Carolina to indemnify any student against loss or damage arising out of the school's breach of contract between the school and the student.  This bond shall be in an amount as set forth in Rule .0201(4)(f) of this Subchapter.

 

History Note:        Authority G.S. 20‑320 through 20‑328;

Eff. May 1, 1987;

Amended Eff. January 1, 1994; February 1, 1991.

 

19A NCAC 03J .0702       CERTIFICATE OF DEPOSIT

With Division approval, a certificate of deposit may be executed and filed in lieu of a bond.  The certificate shall be in the principal sum of the bond it stands in lieu of as provided in Rule .0701 of this Section.

 

History Note:        Authority G.S. 20‑320 through 20‑328;

Eff. May 1, 1987.

 

19a ncac 03J .0703       ADVERTISING

A commercial driver training school may advertise by whatever method it sees fit with the following exceptions:

(1)           The address of a telephone‑answering service, when it is not the same as the principal place of business of the school, shall not be shown in any medium of advertising or telephone directory.  Nor shall any telephone directory listing or yellow page advertisement show a telephone number for a school unless it also shows a valid address for the principal place of business of the school.

(2)           No advertisement shall indicate in any way that a school can or will issue or guarantee the issuance of a driver's license or imply that preferential or advantageous treatment from the Division can be obtained.

(3)           A school may state in an advertisement that it has been approved and licensed by the Division.

(4)           Commercial driver training schools must use the full name, address, and telephone number of their school in all advertising.  No advertising shall imply an offer of employment or guarantee employment upon completion.

(5)           If a school makes any job or earnings claims for any course in a media advertisement, the school must include the following disclaimer in this advertisement:  "Graduation from this course does not insure that you will get a job.  To find out how our graduates have done, send for our job placement record."

(6)           If a school makes any written job or earnings claims about any course, other than a media advertisement, the school must include in that document full disclosures of the school's graduation and placement rates required by Rule .0604 of this Subchapter.

(7)           If a school makes any general job or earnings claims for a new course, that school must make the following disclosure in lieu of those required in Items (5) and (6) of this Rule.

(a)           In media advertisement: "Since this course is new, we are not able to tell you about the experience of our students in getting jobs."

(b)           All other, non‑media advertisements: "Since this course is new, we are not able to give you information on the graduation or placement rates of our students, or the amount of money you might earn after completing this course.  As an alternative, we suggest you talk to a job counselor or State Employment Office about your chances of finding a job in the field we train you for.  They will have current information on job opportunities in the area where you live.  In addition, they can offer you information on starting salaries and requirements for prior work experience."

(8)           Commercial driver training schools shall not use advertisements or promotional material which is classified, designated, or captioned, "Men wanted to train for....", "Help Wanted", "Employment", "Business Opportunities", or by words or terms of similar import, so as to represent directly or by implication that employment is being offered, nor shall the word "Free" be used in any advertisement.

 

History Note:        Authority G.S. 20-320; 20-321; 20-322; 20-323; 20-324; 20-325; 20-327;

Eff. May 1, 1987;

Amended Eff. August 1, 2002; January 1, 1994.

 

SECTION .0800 ‑ LICENSE REVOCATION OR SUSPENSION

 

19A NCAC 03J .0801       GROUNDS FOR REVOCATION OR SUSPENSION

The license of any commercial driver training school may be suspended or revoked by the Division if the licensee violates any provision of Article 14, Chapter 20 of the North Carolina General Statutes, or if the licensee violates any rule adopted pursuant to that Article.  In addition, a license may be suspended or revoked for any one of the following reasons:

(1)           Conviction of the owner, manager, or any agent or employee of the school of a felony or conviction of any misdemeanor involving moral turpitude.

(2)           Knowingly submitting to the Division false or misleading information relating to eligibility for a license.

(3)           Evidence of substance abuse by the owner, manager, any agent, or employee of the school.

(4)           Failure or refusal to permit an authorized representative of the Division to inspect the school, equipment, records, or motor vehicles used to teach students or failure or refusal to furnish full information pertaining to any and all requirements set forth in the rules in this Subchapter or in the application for the license.

(5)           Failure to maintain licensed instructors or approved equipment sufficient to perform the course of instruction.

(6)           Employment of any instructor who is not licensed by the Division.

(7)           Failure of new owner to apply for and be licensed by the Division as a school under new ownership and also failure to notify the Division within the specified time of any change in management of the school.

(8)           Aiding or assisting any person to obtain a driver's license by fraud (revocation in this instance shall be permanent).

(9)           Unauthorized possession of application forms or examinations used by the Division to determine the qualification of an applicant for a driver's license.

(10)         Failure of the school to give the student a copy of his contract and also use by the school of a contract which has not been submitted to and approved by the Division of Motor Vehicles.

 

History Note:        Authority G.S. 20‑320; 20-321; 20-322; 20-323; 20-324; 20-325; 20-326; 20-327;

Eff. May 1, 1987;

Amended Eff. August 1, 2002; January 1, 1994.

 

19a ncac 03J .0802       INSTRUCTOR LICENSE SUSPENSION OR REVOCATION

In addition to the grounds for revocation listed in Rule .0801 of this Section, the license of any commercial driver training instructor shall be revoked if his driver's license is suspended or revoked or if he accumulates seven or more points, as a result of being convicted of moving violations, in a twelve‑month period.  Reinstatement of the commercial driver training instructor's license shall follow the same procedure as an application for a new license.

 

History Note:        Authority G.S. 20-320; 20-321; 20-322; 20-323; 20-324; 20-325; 20-326; 20-327;

Eff. May 1, 1987;

Amended Eff. August 1, 2002; January 1, 1994.

 

19A NCAC 03J .0803       REVOCATION OR SUSPENSION PROCEDURE

If any school or instructor or recruiter is alleged to be in violation of any provision of Article 14, Chapter 20 of the General Statutes or of any provision of the rules of this Subchapter, the school or instructor or recruiter shall be notified by certified or registered mail of the suspension or revocation.  This notice shall be issued by the office of the Commissioner of Motor Vehicles, and the notification shall set forth the details of the alleged violation which formed the basis for the action.  The school (through its owner, partner, or corporate officer) or the instructor or the recruiter may request in writing a hearing.  This request must be made within 30 days of receipt of the certified or registered letter.  The hearing shall be heard by an officer designated by the commissioner and the school or instructor or recruiter may be represented by counsel.  Upon completion of the hearing, the Division shall notify the school or instructor or recruiter within 30 days of the decision of the hearing officer.  This decision may be appealed as provided by G.S. Chapter 150B.

 

History Note:        Authority G.S. 20‑320 through 20-328;

Eff. May 1, 1987;

Amended Eff. January 1, 1994; October 1, 1991.

 

SECTION .0900 ‑ REQUIREMENTS AND APPLICATIONS FOR DRIVER TRAINING SCHOOL RECRUITERS

 

19A NCAC 03J .0901       REQUIREMENTS

Recruiters working for commercial driver training schools shall comply with the requirements in 19A NCAC 03J .0601-.0606.

 

History Note:        Authority G.S. 20-320; 20‑321; 20-322; 20-323; 20-324; 20-325; 20-326;

Eff. October 1, 1991;

Amended Eff. August 1, 2002.

 

19a ncac 03j .0902       ORIGINAL APPLICATION

 

History Note:        Authority G.S. 20-320; 20‑321; 20-322; 20-323; 20-324; 20-325;

Eff. October 1, 1991;

Amended Eff. January 1, 1994;

Repealed Eff. August 1, 2002.

 

19a ncac 03j .0903       RENEWAL APPLICATION

 

History Note:        Authority G.S. 20-320; 20‑321; 20-322; 20-323; 20-324;

Eff. October 1, 1991;

Repealed Eff. August 1, 2002.

 

19A NCAC 03J .0904       DUPLICATE COPIES

 

History Note:        Authority G.S. 20-320; 20‑321; 20-322; 20-323; 20-324; 20-325;

Eff. October 1, 1991;

Repealed Eff. August 1, 2002.

 

19A NCAC 03J .0905       CONFIDENTIALITY

 

History Note:        Authority G.S. 20‑321;

Eff. October 1, 1991;

Repealed Eff. January 1, 1994.

 

19a ncac 03J .0906       SURRENDER OF LICENSES

 

History Note:        Authority G..S. 20-320; 20‑321; 20-322; 20-323; 20-324; 20-325; 20-327;

Eff. October 1, 1991;

Repealed Eff. August 1, 2002.

 

19A NCAC 03J .0907       LICENSE REQUIRED

No person shall act as an instructor without the proper license as set forth in this Subchapter.  A recruiter must have a separate license for each school that he represents.  All recruiters must verify by signature that they have read and that they understand the rules on advertising and solicitation and must verify their intent to follow rules as they are set forth.

 

History Note:        Authority G.S. 20‑321;

Eff. October 1, 1991;

Amended Eff. January 1, 1994.

 

 

 

SUBCHAPTER 03K – DIVISION HEARING FEES

 

19A NCAC 03K .0101      ASSESSMENT OF ADMINISTRATIVE HEARING FEES

(a)  The Division shall provide notice to the applicant of a right to an administrative hearing, the procedure for requesting a hearing, the applicable fee for a hearing, notice on how to proceed as an indigent, and the statutory deadline, if any, to timely request a hearing.

(b)  The fee for each type of hearing provided by the Division shall be set forth in 19A NCAC 03K .0102.

(c)  A hearing request shall be submitted in writing and shall include the applicable fee listed in the Division's notice to the applicant, as provided in Paragraph (a) of this Rule. A request for hearing shall neither be accepted by the Division nor be considered received within any required deadline noticed to the applicant under Paragraph (a) of this Rule if the hearing request is not completed or the hearing request does not include the applicable hearing fee, except as provided under Paragraph (j) of this Rule. A written hearing request sent via U.S. Mail shall be deemed timely only if this request is postmarked prior to the statutory deadline, if any as provided in Paragraph (a) of this Rule.

(d)  The Division shall take no action on a request or hearing until the required fee is paid in full, except for the

following hearings scheduled by the Division due to the nature of the alleged offense, charge, or violation:

(1)           a hearing conducted to review an applicant's compliance with the requirements and obligations of the Ignition Interlock Program if the applicant is licensed pursuant to a conditional restoration agreement with the Division;

(2) a hearing conducted to determine the applicant's compliance with the requirements and obligations of the applicant's probation or conditional restoration agreement with the Division; or

(3)           a hearing related to motor vehicle dealer license or sales representative license conducted pursuant to G.S. 20-296 for hearings related to a previously-issued license.

If the Division takes no adverse action at a hearing listed in this Paragraph, the Division shall not charge a hearing fee to the applicant. If adverse action is taken by the Division following the hearing, the applicant shall pay the required hearing fee set forth in 19A NCAC 03K .0102. This hearing fee shall be paid no later than 30 calendar days after the date the hearing is held or the decision is issued by the Division, whichever is later. An applicant who fails to pay the hearing fee within the required 30 calendar day period shall be considered past due and subject to the provisions G.S. 147, Article 6B.

(e)  Upon receipt of a written hearing request and the full payment for the required hearing fee, within any deadline, if applicable, noticed under Paragraph (a) of this Rule, the Division shall send the applicant written notice of the scheduled hearing, including the time, date, and location of the hearing and notice of the time period for an applicant to cancel a hearing request in order to receive a partial refund under Paragraph (g) of this Rule.

(f)  Upon notification that a hearing fee payment has been returned to the Division due to insufficient funds from the applicant's financial institution, the Division shall notify the applicant of the insufficient funds and that failure to pay the hearing fee constitutes a waiver of the hearing. This notification shall include:

(1)           the amount of the hearing fee owed by the applicant to proceed with the requested hearing;

(2)           a date upon which the applicant shall submit the required hearing fee to the Division (noticed date), which shall not be less than 10 calendar days from the date of the notification;

(3)           the type of money payment accepted by the Division, including certified check, money order, or other secured methods of payment accepted by the Division;

(4)           notice that if the hearing fee is not received by the Division by the noticed date, the written request for hearing pursuant to Paragraph (c) of this Rule will be considered withdrawn; and

(5)           notice that any pending action by the Division upon which the applicant requested a hearing shall be placed into effect if such hearing fee is not paid by the noticed date.

An applicant's failure to pay the hearing fee by the date contained in the notification letter shall be considered a withdrawal of the request for a hearing. A hearing fee paid via U.S. Mail shall be deemed timely only if the payment is postmarked prior to the noticed date.

(g)  A hearing fee shall be non-refundable unless the Division receives a written notice from the applicant seeking to cancel the hearing postmarked at least 10 business days prior to the scheduled hearing date, except as listed in Paragraph (h) of this Rule and as described in this Paragraph. If on the date the written hearing request is postmarked or received by the Division, whichever occurs first, the applicant is not eligible pursuant to G.S. 20 for the hearing requested, the applicant shall be entitled to a refund of the hearing only if a written request to cancel the hearing is postmarked at least three calendar days prior to the scheduled hearing date. If the applicant is eligible for a hearing when the hearing request is post-marked or received by the Division, whichever occurs first, and the applicant later becomes ineligible for the requested hearing prior to the actual hearing, the applicant shall be entitled to a refund only if the Division receives a written notice from the applicant seeking to cancel the hearing postmarked at least 10 business days prior to the scheduled hearing date. The processing fee listed in Paragraph (m) of this Rule shall be deducted by the Division from any refunded hearing fee. An applicant's notice to cancel a hearing shall be mailed to: Division of Motor Vehicles, Attn: Administrative Support Unit, 3118 Mail Service Center, Raleigh, NC 27699-3118. Any notice to cancel a hearing postmarked less than 10 business days prior the hearing shall cancel the previously scheduled hearing.

(h)  A hearing fee paid pursuant to 19A NCAC 03K .0102(a)(17) shall be non-refundable.

(i)  The Division may waive the administrative a hearing fee when an applicant is indigent. An applicant seeking relief as indigent from an administrative hearing fee shall submit a completed and notarized Affidavit of Indigence as prescribed by the Division. The applicant may obtain a copy of the Affidavit of Indigence from the Division's website (www.ncdot.gov/dmv/). The Affidavit of Indigence shall be posted by the Division in English and Spanish. A written hearing request that includes a completed and affirmed Affidavit of Indigence that is received by the Division within the deadline noticed under Paragraph (a) of this Rule shall be considered a timely request for hearing. An applicant may face criminal and civil penalties for submitting a false affidavit.

(j)  Upon receipt of the Affidavit of Indigence, the Division shall determine whether the applicant is eligible for a waiver of the hearing fee required under Paragraph (c) of this Rule.

(k)  In evaluating the Affidavit of Indigence, the Division shall apply the current Federal Poverty Level Guidelines to qualify an applicant's eligibility for waiver of the hearing fee. The Federal Poverty Guidelines issued by the U.S. Department of Health and Human Services and published in the Federal Register are incorporated by reference including subsequent amendments and editions. A copy may be obtained at no cost at https://www.federalregister.gov/. The applicant with income below 150 percent of the Federal Poverty Level shall receive a waiver of the hearing fee under Paragraph (c) of this Rule. The terms "household size" and "household income" are defined with reference by the Federal Income Tax Code (U.S. Code Title 26) and U.S. Treasury Regulations. The Federal Tax Code and U.S. Treasury Regulations published by the U.S. Internal Revenue Service are incorporated by reference including subsequent amendments and editions. A copy may be obtained at no cost at: https://www.irs.gov/. The waiver criteria are:

(1)           household size; and

(2)           household income.

The Division may request documentation from the applicant if necessary for the Division to qualify the applicant's eligibility for a waiver of the hearing fee. The applicant shall comply with a request for additional documentation within 10 calendar days. Failure to comply with a request for additional documentation shall result in a denial of the applicant's request for a waiver of the hearing fees.

(l)  After the Division's review of an applicant's Affidavit of Indigence, the Division shall proceed as follows:

(1)           If the Division finds the applicant is qualified for a waiver of the hearing fee pursuant to the Affidavit of Indigence, the Division shall proceed with the hearing as if the required hearing fee had been paid. The Division shall send the notice listed in Paragraph (e) of this Rule.

(2)           If the Division finds the applicant is not qualified for a waiver of the hearing fee, the Division shall notify the applicant of this determination. This notification shall also include:

(A)          notice of the amount of the hearing fee owed by the applicant to proceed with the requested hearing;

(B)          a date upon which the applicant shall submit the required hearing fee to the Division noticed date, which shall not be less than 10 calendar days from the date of the notification;

(C)          notice that if the hearing fee is not received by the Division by the noticed date, the written request for hearing pursuant to Paragraph (c) of this Rule will be considered withdrawn; and

(D)          notice that any pending action by the Division upon which the applicant requested a hearing shall be placed into effect if such hearing fee is not paid by the noticed date.

An applicant's failure to pay the hearing fee by the date contained in the notification letter shall be considered a withdrawal of the request for a hearing. A hearing fee paid via U.S. Mail shall be deemed timely only if such payment is postmarked prior to the noticed date.

(m)  The Division shall retain a sum of fifty dollars ($50.00) to process all hearing requests set forth in 19A NCAC 03K .0102, except for hearings listed under 19A NCAC 03K .0102(a)(2) and (a)(16), for which the Division shall retain twenty dollars ($20.00).

 

History Note:        Authority G.S. 20-16; 20-17; 20-31; S.L. 2014-100, s. 34.9, S.L. 2015-241, s. 29.30A; S.L. 2017-57, s. 34.32(a),(b),(c),(d);

Temporary Adoption Eff. January 1, 2018. (Codifier's Note: This Rule shall remain in effect until the permanent rule that replaces the temporary rule becomes effective. See S.L. 2017-57, s. 34.32(c)).

 

19A NCAC 03K .0102      ADMINISTRATIVE HEARING FEE SCHEDULE

(a)  The Division shall assess the following administrative hearing fees, pursuant to Rule .0101 of this Subchapter:

(1)           sixty dollars ($60.00) for a hearing related to a lapse in financial responsibility conducted pursuant G.S. 20-316;

(2)           forty dollars ($40.00) for a conference to determine the applicant's eligibility to attend drive improvement clinic as provided by G.S. 20-16;

(3)           seventy-five dollars ($75.00) for an ignition interlock mouth contaminant review to determine compliance with the requirements of the Ignition Interlock Program and of a conditional restoration agreement with the Division;

(4)           seventy dollars ($70.00) for ignition interlock medical accommodation reviews;

(5)           one hundred dollars ($100.00) for all other license suspension or revocation hearings not listed in Subparagraphs (6) through (12) of this Paragraph including hearings held pursuant to G.S. 20-13 and 20-16;

(6)           four hundred fifty dollars ($450.00) for hearings conducted for violations of an alcohol concentration restriction (ACR), violation of an ignition interlock device restriction, or refusal to submit to a chemical analysis;

(7)           two hundred dollars ($200.00) for a financial responsibility hearing conducted pursuant to the provisions of the Motor Vehicle Safety-Responsibility Act of 1953;

(8)           two hundred dollars ($200.00) for a hearing related to a commercial driver license (CDL) disqualification;

(9)           two hundred dollars ($200.00) for a restoration hearing related to a license suspension due to driving while license revoked or moving violation;

(10)         two hundred twenty-five dollars ($225.00) for an interview held prior to a license restoration hearing in situations involving alcohol-related convictions, suspensions, or revocations;

(11)         four hundred twenty-five dollars ($425.00) for a license restoration hearing related to driving while impaired (DWI) conducted pursuant to G.S. 20-19;

(12)         two hundred twenty dollars ($220.00) for hearings conducted to determine compliance with the requirements of probation or restoration agreement with the Division;

(13)         two hundred dollars ($200.00) for a motor vehicle dealer license or salesman license hearing conducted pursuant to G.S. 20-295 and 20-296;

(14)         two hundred dollars ($200.00) for a mechanic license or inspection station license hearing conducted pursuant to G.S. 20-183.8G;

(15)         two hundred dollars ($200.00) for a commercial driver training school hearing;

(16)         fifty dollars ($50.00) for a hearing related to the denial of a service offered by the Division; and

(17)         a filing fee in the amount of six hundred dollars ($600.00) shall be due from a party initiating an action that must be filed with the Commissioner of Motor Vehicles pursuant to G.S. 20-308.1. In addition to the filing fee, a party that files a motion in the case shall be assessed a fee of six hundred dollars ($600.00) per motion that shall be payable at the time the motion is filed.

(b)  No fees shall be charged for medical evaluation hearings or competency hearings conducted pursuant to G.S. 20-9(g)(4) or G.S. 20-17.1.

 

History Note:        Authority S.L. 2015-241, s. 29.30A; S.L. 2014-100, s. 34.9; S.L. 2017-57, s. 34.32(a),(b),(c),(d);

Temporary Adoption Eff. January 1, 2018. (Codifier's Note: This Rule shall remain in effect until the permanent rule that replaces the temporary rule becomes effective. See S.L. 2017-57, s. 34.32(c)).