GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

H	1 

HOUSE BILL 280

Short Title:  Motor Vehicle Tech. Amendments/AB.	(Public)

─────────────────────────────────────── 
Sponsors: Representatives Cole; and Justus.

─────────────────────────────────────── 
Referred to:  Transportation, if favorable, Finance.

─────────────────────────────────────── 

March 4, 1999

A BILL TO BE ENTITLED
AN ACT TO AMEND THE MOTOR VEHICLE LAWS TO MAKE TECHNICAL AMENDMENTS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 20-4.01(33b) reads as rewritten:
      	"(33b)	Reportable Crash. –A crash involving a motor vehicle that results in one or more of the following:
a.	Death or injury of a human being.
b.	Total property damage of one thousand dollars ($1,000) or more, or property damage of any amount to a vehicle seized pursuant to G. S. 20-28.3."
Section 2.  G.S. 20-4.01 is amended by adding a new subdivision to read:
"(4b)	Crash. – Any event that results in injury or property damage attributable directly to the motion of a motor vehicle or its load.  The terms collision, accident, and crash and their cognates are synonymous."
Section 3.  G.S. 20-9(g)(1) reads as rewritten:
"(1)	The Division may issue a license to any person who is afflicted with or suffering from a physical or mental disability set out in subsection (e) of this section who is otherwise qualified to obtain a license, provided such person submits to the Division a certificate in the form prescribed in subdivision (2).  Until a license issued under this subdivision expires or is revoked, the license continues in force as long as the licensee presents to the Division a certificate in the form prescribed in subdivision (2) of this subsection at the intervals determined by the Division to be in the best interests of public safety."
Section 4.  G.S. 20-16(d) reads as rewritten:
"(d)	Upon suspending the license of any person as authorized in this section, the Division shall immediately notify the licensee in writing and upon his request shall afford him an opportunity for a hearing, not to exceed 60 days after receipt of the request, unless a preliminary hearing was held before his license was suspended.  Upon such hearing the duly authorized agents of the Division may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee.  Upon such hearing the Division shall either rescind its order of suspension, or good cause appearing therefor, may extend the suspension of such license. Provided further upon such hearing, preliminary or otherwise, involving subsections (a)(1) through (a)(10a) of this section, the Division may for good cause appearing in its discretion substitute a period of probation not to exceed one year for the suspension or for any unexpired period of suspension.  Probation shall mean any written agreement between the suspended driver and a duly authorized representative of the Division and such period of probation shall not exceed one year, and any violation of the probation agreement during the probation period shall result in a suspension for the unexpired remainder of the suspension period. The authorized agents of the Division shall have the same powers in connection with a preliminary hearing prior to suspension as this subsection provided in connection with hearings held after suspension.  These agents shall also have the authority to take possession of a surrendered license on behalf of the Division if the suspension is upheld and the licensee requests that the suspension begin immediately."
Section 5.  G.S. 20-16.2(d) reads as rewritten:
"(d)	Consequences of Refusal; Right to Hearing before Division; Issues. – Upon receipt of a properly executed affidavit required by subsection (c), the Division shall expeditiously notify the person charged that the person's license to drive is revoked for 12 months, effective on the twentieth calendar day after the mailing of the revocation order unless, before the effective date of the order, the person requests in writing a hearing before the Division. Except for the time referred to in G.S. 20-16.5, if the person shows to the satisfaction of the Division that his or her license was surrendered to the court, and remained in the court's possession, then the Division shall credit the amount of time for which the license was in the possession of the court against the 12-month revocation period required by this subsection. If the person properly requests a hearing, the person retains his or her license, unless it is revoked under some other provision of law, until the hearing is held, the person withdraws the request, or the person fails to appear at a scheduled hearing. The hearing officer may subpoena any witnesses or documents that the hearing officer deems necessary. The person may request the hearing officer to subpoena the charging officer, the chemical analyst, or both to appear at the hearing if the person makes the request in writing at least three days before the hearing. The person may subpoena any other witness whom the person deems necessary, and the provisions of G.S. 1A-1, Rule 45, apply to the issuance and service of all subpoenas issued under the authority of this section. The hearing officer is authorized to administer oaths to witnesses appearing at the hearing. The hearing shall be conducted in the county where the charge was brought, and shall be limited to consideration of whether:
(1)	The person was charged with an implied-consent offense;
(2)	The charging officer had reasonable grounds to believe that the person had committed an implied-consent offense;
(3)	The implied-consent offense charged involved death or critical injury to another person, if this allegation is in the affidavit;
(4)	The person was notified of his or her rights as required by subsection (a); and
(5)	The person willfully refused to submit to a chemical analysis upon the request of the charging officer.
If the Division finds that the conditions specified in this subsection are met, it shall order the revocation sustained. If the Division finds that any of the conditions (1), (2), (4), or (5) is not met, it shall rescind the revocation. If it finds that condition (3) is alleged in the affidavit but is not met, it shall order the revocation sustained if that is the only condition that is not met; in this instance subsection (d1) does not apply to that revocation. If the revocation is sustained, the person shall surrender his or her license immediately upon notification by the Division."
Section 6.  G.S. 20-63 is amended by adding a new subsection that reads:
"( i)	Nothing in this section shall prohibit the issuance of registration plates, registration certificates, and certificates of title through electronic application or issuance or shall prohibit the collection of fees and penalties electronically."
Section 7.  G.S. 20-78(b) reads as rewritten:
"(b)	The Division shall maintain a record of certificates of title issued by the Division for a period of 20 years.
The Commissioner is hereby authorized and empowered to provide for the photographic or photostatic recording of certificate of title records in such manner as he may deem expedient. The photographic or photostatic copies herein authorized shall be sufficient as evidence in tracing of titles of the motor vehicles designated therein, and shall also be admitted in evidence in all actions and proceedings to the same extent that the originals would have been admitted."
Section 8.  G.S. 20-79.4(a) reads as rewritten:
"(a)	General. – Upon application and payment of the required registration fees, a person may obtain from the Division a special registration plate for a motor vehicle registered in that person's name if the person qualifies for the registration plate. A special registration plate may not be issued for a vehicle registered under the International Registration Plan. A special registration plate may be issued for a commercial vehicle that is not registered under the International Registration Plan. A holder of a special registration plate who becomes ineligible for the plate, for whatever reason, shall return the special plate within 30 days.  On or after January 1, 1999, all special plates shall require 1,000 applications prior to issuance of a new plate series by the Division."
Section 9.  G.S. 20-96 reads as rewritten:
"§ 20-96.  Collection of delinquent penalties and taxes.
A law enforcement officer who discovers 
		a property-hauling vehicle being operated on the highways with an overload in violation of G.S. 20-88(k) or G.S. 20-118, or which is equipped with improper registration plates, or the owner of which is liable for any overload penalties or assessments due and unpaid for more than 30 days, or in violation of the provisions of Article 36B of Chapter 105 of the General Statutes, may seize the property-hauling vehicle and hold it until the overload has been removed or proper registration plates have seen secured for the vehicle and the penalties owed under this section and G.S. 20-118(e), G.S. 20-118.3, and under Article 36B of Chapter 105 of the General Statutes have been paid.
When necessary, an officer who detains a vehicle under this section may have the vehicle stored. The owner of a vehicle that is detained or stored under this section is responsible for the care of any property being hauled by the vehicle and for any storage charges. The State shall not be liable for damage to the vehicle or loss of the property being hauled."
Section 10.  G.S. 20-166.1(h) reads as rewritten:
"(h)	Forms. – The Division shall provide forms or procedures for submitting crash data to persons required to make reports under this section and the reports shall be made in a format approved by the Commissioner.  The following information shall be included about a reportable crash:
(1)	The cause of the crash.
(2)	The conditions existing at the time of the crash.
(3)	The persons and vehicles involved.
(4)	Whether the vehicle has been seized and is subject to forfeiture under G.S. 20-28.2."
Section 11.  G.S. 20-309(e) reads as rewritten:
"(e)	Upon termination by cancellation or otherwise of an insurance policy provided in subsection (b) of this section, the insurer shall electronically notify the Division of the termination within three working days; provided, no cancellation notice is required if the same insurer issues a replacement insurance policy complying with this Article at the same time the insurer cancels or otherwise terminates the old policy, no lapse in coverage results, and the insurer sends the certificate of insurance form for the new policy to the Division. The insurer shall electronically notify the Division of any new policy for insurance within three working days; provided a new coverage is not a replacement insurance policy for a policy terminated by the same insurer.
The Division, upon receiving notice of a lapse in insurance coverage, shall notify the owner of the lapse in coverage, and the owner shall, to retain the registration plate for the vehicle registered or required to be registered, within 10 days from date of notice given by the Division either:
(1)	Certify to the Division that he had financial responsibility effective on or prior to the date of such termination; or
(2)	In the case of a lapse in financial responsibility, pay a fifty dollar ($50.00) civil penalty; and certify to the Division that he now has financial responsibility effective on the date of certification, that he did not operate the vehicle in question during the period of no financial responsibility with the knowledge that there was no financial responsibility, and that the vehicle in question was not involved in a motor vehicle crash during the period of no financial responsibility.
Failure of the owner to certify that he has financial responsibility as herein required shall be prima facie evidence that no financial responsibility exists with regard to the vehicle concerned and unless the owner's registration plate has on or prior to the date of termination of insurance been surrendered to the Division by surrender to an agent or representative of the Division designated by the Commissioner, or depositing the same in the United States mail, addressed to the Division of Motor Vehicles, Raleigh, North Carolina, the Division shall revoke the vehicle's registration for 30 days.
In no case shall any vehicle, the registration of which has been revoked for failure to have financial responsibility, be reregistered in the name of the registered owner, spouse, or any child of the spouse, or any child of such owner within less than 30 days after the date of receipt of the registration plate by the Division of Motor Vehicles, except that a spouse living separate and apart from the registered owner may register such vehicle immediately in such spouse's name. Additionally, as a condition precedent to the reregistration of the vehicle by the registered owner, spouse, or any child of the spouse, or any child of such owner, except a spouse living separate and apart from the registered owner, the payment of a restoration fee of fifty dollars ($50.00) and the appropriate fee for a new registration plate is required. Any person, firm or corporation failing to give notice of termination shall be subject to a civil penalty of two hundred dollars ($200.00) to be assessed by the Commissioner of Insurance upon a finding by the Commissioner of Insurance that good cause is not shown for such failure to give notice of termination to the Division."
Section 12.  G.S. 20-376 reads as rewritten:
"§ 20-376.  Definitions.
The following definitions apply in this Article:
(1)	Federal safety and hazardous materials regulations. – The federal motor carrier safety regulations contained in 49 C.F.R. Parts 171 through 185, 382, and 390 through 397.
							(2)	Interstate commerce and intrastate commerce shall have the same definitions as set forth in 49 C.F.R. Part 390.5."
Section 13.  G.S. 20-381(b) reads as rewritten:
"(b)	The definitions set out in 49 Code of Federal Regulations § 171.8 apply to this subsection.  The transportation of an agricultural product, other than a Class 2 material, over local roads between fields of the same farm by a farmer operating as an intrastate private motor carrier is exempt from the requirements of Parts 171 through 180 of 49 CFR as provided in 49 CFR § 173.5(a).  The transportation of an agricultural product to or from a farm within 150 miles of the farm by a farmer operating as an intrastate private motor carrier is exempt from the requirements of Subparts G and H of Part 172 of 49 CFR as provided in 49 CFR § 173.5(b)."
Section 14.  G.S. 20-4.01(12a) reads as rewritten:
"(12a)	Gross Vehicle Weight Rating (GVWR). – 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.  When a vehicle is determined by an enforcement officer to be structurally altered from the manufacturer's original design, the license weight or the total weight of the vehicle or combination of vehicles may be deemed as the GVWR for the purpose of enforcing this Chapter."
Section 15.  G.S. 20-118(c)(5) reads as rewritten:
"(5)	The light-traffic road limitations provided for pursuant to subdivision (b)(4) of this section do not apply to a vehicle while that vehicle is transporting only the following from its point of origin on a light-traffic road to the nearest highway that is not a light-traffic road:
a.	Processed or unprocessed seafood transported from boats or any other point of origin to a processing plant or a point of further distribution.
b.	Meats or agricultural crop products transported from a farm to first market.
c.	Forest products originating and transported from a farm or from woodlands to first market without interruption or delay for further packaging or processing after initiating transport.
d.	Livestock or poultry transported from their point of origin to first market.
e.	Livestock by-products or poultry by-products transported from their point of origin to a rendering plant.
f.	Recyclable material transported from its point of origin to a scrap-processing facility for processing. As used in this subpart, the terms ""recyclable material"and "processing"have the same meaning as in G.S. 130A-290(a).
g.	Garbage collected by the vehicle from residences or garbage dumpsters if the vehicle is fully enclosed and is designed specifically for collecting, compacting, and hauling garbage from residences or from garbage dumpsters. As used in this subpart, the term "garbage"does not include hazardous waste as defined in G.S. 130A-290(a), spent nuclear fuel regulated under G.S. 20-167.1, low-level radioactive waste as defined in G.S. 104E-5, or radioactive material as defined in G.S. 104E-5.
h.	Treated sludge collected from a wastewater treatment facility.
i.	Apples when transported from the orchard to the first processing or packing point.
j.	Trees grown as Christmas trees from the field, farm, stand, or grove to first processing point."
Section 16.  G.S. 20-87(2) reads as rewritten:
"(2)	U-Drive-It Passenger Vehicles. – U-drive-it passenger vehicles shall pay the following tax:
Motorcycles:	1-passenger capacity	$18.00
2-passenger capacity	22.00
3-passenger capacity	26.00
Automobiles:	15 or fewer passengers	41.00
Bus:	16 or more passengers	 1.40 per hundred pounds of empty weight
Trucks:	Under 7,000 that do not
haul products for hire	41.50 (4,000  lbs.)
51.00 (5,000 lbs.)
61.00 (6,000 lbs.)".
Section 17. G.S. 20-19(d) reads as rewritten:
"(d)	When a person's license is revoked under G.S. 20-17(a)(2) and the person has another offense involving impaired driving for which he has been convicted, which offense occurred within three years immediately preceding the date of the offense for which his license is being revoked, the period of revocation is four years, and this period may be reduced only as provided in this section. The Division may conditionally restore the person's license after it has been revoked for at least two years under this subsection if he provides the Division with satisfactory proof that:
(1)	He has not in the period of revocation been convicted in North Carolina or any other state or federal jurisdiction of a motor vehicle offense, an alcoholic beverage control law offense, a drug law offense, or any other criminal offense involving the possession or consumption of alcohol or drugs; and
(2)	He is not currently an excessive user of alcohol or drugs.
If the Division restores the person's license, it may place reasonable conditions or restrictions on the person for the duration of the original revocation period."
Section 18.  G.S. 20-19(e) reads as rewritten:
"(e)	When a person's license is revoked under G.S. 20-17(a)(2) and the person has two or more previous offenses involving impaired driving for which he has been convicted, and the most recent offense occurred within the five years immediately preceding the date of the offense for which his license is being revoked, the revocation is permanent. The Division may, however, conditionally restore the person's license after it has been revoked for at least three years under this subsection if he provides the Division with satisfactory proof that:
(1)	In the three years immediately preceding the person's application for a restored license, he has not been convicted in North Carolina or in any other state or federal court of a motor vehicle offense, an alcohol beverage control law offense, a drug law offense, or any criminal offense involving the consumption of alcohol or drugs; and
(2)	He is not currently an excessive user of alcohol or drugs.
If the Division restores the person's license, it may place reasonable conditions or restrictions on the person for any period up to three years from the date of restoration."
Section 19.  This act becomes effective October 1, 1999.