GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	2 

HOUSE BILL 1226
Committee Substitute Favorable 7/23/93

Short Title:  Overloading Motor Vehicles.	(Public)
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Sponsors:
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Referred to:  
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May 3, 1993

A BILL TO BE ENTITLED
AN ACT TO ALLOW SEIZURE OF VEHICLES WHEN OWNERS FAIL TO PAY PENALTIES FOR OVERLOADING OF MOTOR VEHICLES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 20-96 reads as rewritten:
"§ 20-96. Seizure of overloaded vehicles or when penalties delinquent.
	(a) Seizure of Vehicle. –A law enforcement officer may seize a property-hauling vehicle being operated on the highways of the State when any of the following occur:
(1)	The property-hauling vehicle is being operated in excess of the gross vehicle weight rating.
(2)	The property-hauling vehicle is being operated with an overload in violation of G.S. 20-118.
(3)	Any property-hauling vehicle owned by a resident or nonresident is being operated in this State, and the owner is more than 30 days delinquent in payment of penalties owed for previous violations under this Chapter.
The property-hauling vehicle may be held until the penalties under this Chapter have been paid, including a twenty-five dollar ($25.00) late payment fee, and the overload has been removed.
(b)	Storage of Vehicle. – Any law enforcement officer seizing a property-hauling vehicle under this section, may, when necessary, store the vehicle and the owner shall be responsible for all reasonable storage charges.  When any property-hauling vehicle is seized, held, unloaded, or partially unloaded under this section, the load or any part of the load shall be cared for by the owner or operator of the vehicle. The officer, the State, or any municipality shall not be liable because of damage to or loss of the load or any part of the load."
Sec. 2.  This act is effective upon ratification.