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.