GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2019
SESSION LAW 2019-196
SENATE BILL 321
AN ACT to implement requirements of the Federal Motor Carrier Safety Administration's Performance and Registration Information Systems Management (PRISM) program.
The General Assembly of North Carolina enacts:
SECTION 1. Article 3 of Chapter 20 of the General Statutes is amended by adding a new section to read:
"§ 20‑43.3. Authorization for the collection of data to enforce the Federal Motor Carrier Safety Administration's Performance and Registration Information Systems Management (PRISM) program.
The Division is authorized to collect and maintain necessary motor carrier or commercial motor vehicle data in a manner that complies with the information system established by the United States Secretary of Transportation under 49 U.S.C. § 31106."
SECTION 2. G.S. 20‑54(9) reads as rewritten:
"(9) The applicant motor carrier is subject to an
order issued by the Federal Motor Carrier Safety Administration or the Division
to cease all operations based on a finding that the continued operations of the
motor carrier pose an "imminent hazard" as defined in 49 C.F.R. §
386.72(b)(1).Division. The Division shall deny registration of a vehicle
of a motor carrier if the applicant fails to disclose material information
required, or if the applicant has made a materially false statement on the
application, or if the applicant has applied as a subterfuge for the real party
in interest who has been issued a federal out‑of‑service order, or
if the applicant's business is operated, managed, or otherwise controlled by or
affiliated with a person who is ineligible for registration, including the
applicant entity, a relative, family member, corporate officer, or shareholder.
The Division shall deny registration for a vehicle that has been assigned for
safety to a commercial motor carrier who has been prohibited from operating by
the Federal Motor Carrier Safety Administration or a carrier whose business is
operated, managed, or otherwise controlled by or affiliated with a person who
is ineligible for registration, including the owner, a relative, family member,
corporate officer, or shareholder."
SECTION 3. G.S. 20‑110 reads as rewritten:
"§ 20‑110. When registration shall be rescinded.
…
(m) The Division shall
rescind and cancel the registration of vehicles of a motor carrier that is the
subject to an of an order issued by the Federal Motor Carrier
Safety Administration or the Division to cease all operations based on a
finding that the continued operations of the motor carrier pose an "imminent
hazard" as defined in 49 C.F.R. § 386.72(b)(1).Division.
(n) The Division shall rescind and cancel the registration of a vehicle of a motor carrier if the applicant fails to disclose material information required, or if the applicant has made a materially false statement on the application, or if the applicant has applied as a subterfuge for the real party in interest who has been issued a federal out‑of‑service order, or if the applicant's business is operated, managed, or otherwise controlled by or affiliated with a person who is ineligible for registration, including the applicant entity, a relative, family member, corporate officer, or shareholder. The Division shall rescind and cancel the registration for a vehicle that has been assigned for safety to a commercial motor carrier who has been prohibited from operating by the Federal Motor Carrier Safety Administration or a carrier whose business is operated, managed, or otherwise controlled by or affiliated with a person who is ineligible for registration, including the owner, a relative, family member, corporate officer, or shareholder."
SECTION 4. G.S. 20‑381(a) reads as rewritten:
"(a) The Department of Public Safety has the following powers and duties concerning motor carriers:
…
(4) To determine the safety
fitness of intrastate motor carriers, to assign safety ratings to intrastate
motor carriers as defined in 49 C.F.R. § 385.3, to direct intrastate motor
carriers to take remedial action when required, to prohibit the operation of
intrastate motor carriers rated unsatisfactory, to determine whether the
continued operations of intrastate motor carriers pose an "imminent
hazard" as defined in 49 C.F.R. § 386.72(b)(1), and to prohibit the operation
of an intrastate motor carrier found to be an "imminent hazard" as
defined in 49 C.F.R. § 386.72(b)(1).when subject to an out‑of‑service
order issued by the Federal Motor Carrier Safety Administration or the Department.
(5) To prohibit the intrastate
operation of a motor carrier subject to an enforce any order issued
by the Federal Motor Carrier Safety Administration to cease all operations
based on a finding that the continued operations of the motor carrier pose an
"imminent hazard" as defined in 49 C.F.R. § 386.72(b)(1).including
the authority to seize registration plates pursuant to the provisions of G.S. 20‑45
from motor carriers whose registration was rescinded and cancelled pursuant to G.S. 20‑110(m)
or G.S. 20‑110(n)."
SECTION 5. This act is effective 90 days after it becomes law.
In the General Assembly read three times and ratified this the 7th day of August, 2019.
s/ Philip E. Berger
President Pro Tempore of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Roy Cooper
Governor
Approved 5:10 p.m. this 14th day of August, 2019