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Repealed Eff.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Repealed Eff.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Repealed Eff.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Repealed Eff.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Repealed Eff.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Repealed Eff.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Repealed Eff.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