GENERAL ASSEMBLY OF NORTH CAROLINA
1995 SESSION

CHAPTER 756
SENATE BILL 1294

AN ACT TO CONFORM THE MOTOR VEHICLE LAWS TO THE FEDERAL DEREGULATION OF TRUCKING AND TO MAKE TECHNICAL CHANGES TO THE MOTOR VEHICLE LAWS.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 20-1 reads as rewritten:
"§ 20-1.  Division of Motor Vehicles established.
The Division of Motor Vehicles of the Department of Transportation is established.  This Chapter sets out the powers and duties of the Division."
Sec. 2.  G.S. 20-4.01(27)c. reads as rewritten:
"c.	Common carriers of passengers. – Vehicles operated under a certificate of authority issued by the Utilities Commission for operation on the highways of this State between fixed termini or over a regular route for the transportation of persons for compensation."
Sec. 3.  G.S. 20-4.01 is amended by adding the following subdivisions in the appropriate alphabetical order to read:
"(11a)	For-Hire Motor Carrier. – A person who transports passengers or property by motor vehicle for compensation.
(21b)	Motor Carrier. – A for-hire motor carrier or a private motor carrier.
(29a)	Private Motor Carrier. – A person who transports passengers or property by motor vehicle in interstate commerce and is not a for-hire motor carrier."
Sec. 4.  G.S. 20-4.01(31) reads as rewritten:
"(31)	Property-Hauling Vehicles. –
a.	 Vehicles used for the transportation of ”
							property.
		d.	Semitrailers. – Vehicles without motive power designed for carrying property or persons and for being drawn by a motor vehicle, and so constructed that part of their weight or their load rests upon or is carried by the pulling vehicle.
e.	Trailers. – Vehicles without motive power designed for carrying property or persons wholly on their own structure and to be drawn by a motor vehicle, including "pole trailers”or a pair of wheels used primarily to balance a load rather than for purposes of transportation.
	."
Sec. 5.  G.S. 20-37.16(e) reads as rewritten:
"(e)	The requirements for a commercial drivers license do not apply to vehicles used for personal use such as recreational vehicles.  A commercial drivers license is also waived for the following classes of vehicles as permitted by regulation of the United States Department of Transportation:
(1)	Vehicles owned or operated by the Department of Defense, including the National Guard, while they are driven by active duty military personnel, or members of the National Guard when on active duty, in the pursuit of military purposes.
(2)	Any vehicle when used as firefighting or emergency equipment for the purpose of preserving life or property or to execute emergency governmental functions.
(3)	A farm vehicle that meets all of the following criteria:
a.	Is controlled and operated by the farmer or the farmer's employee and used exclusively for farm use.
b.	Is used to transport either agricultural products, farm machinery, or farm supplies, both to or from a farm.
c.	Is not used in the operations of a for-hire motor carrier.
d.	Is used within 150 miles of the farmer's farm.
	A farm vehicle includes a forestry vehicle that meets the listed criteria when applied to the forestry operation."
Sec. 6.  G.S. 20-64.1 is repealed.
Sec. 7.  G.S. 20-87(1) reads as rewritten:
"(1)	For-Hire Passenger Vehicles. –The fee for a passenger vehicle that is operated for compensation and has a capacity of 15 passengers or less is seventy-eight dollars ($78.00).  The fee for a passenger vehicle that is operated for compensation and has a capacity of more than 15 passengers is one dollar and forty cents ($1.40) per hundred pounds of empty weight 
						of the vehicle."
Sec. 8.  G.S. 20-88(b) reads as rewritten:
"(b)	The following fees are imposed on the annual registration of self-propelled property-hauling vehicles; the fees are based on the type of vehicle and its weight:
SCHEDULE OF WEIGHTS AND RATES 

Rates Per Hundred Pound Gross Weight

	Farmer Rate
Not over 4,000 pounds	$0.23
4,001 to 9,000 pounds inclusive	.29
9,001 to 13,000 pounds inclusive	.37
13,001 to 17,000 pounds inclusive	.51
Over 17,000 pounds	.58
SCHEDULE OF WEIGHTS AND RATES 

Rates Per Hundred Pound Gross Weight
					General Rate
Not over 4,000 pounds	$0.46
4,001 to 9,000 pounds inclusive	.63
9,001 to 13,000 pounds inclusive	.78
13,001 to 17,000 pounds inclusive	1.06
Over 17,000 pounds	1.20
(1)	The minimum fee for a vehicle licensed under this subsection is seventeen dollars and fifty cents ($17.50) at the farmer rate and twenty-one dollars and fifty cents ($21.50) at the general rate.
(2)	The term 'farmer' as used in this subsection means any person engaged in the raising and growing of farm products on a farm in North Carolina not less than 10 acres in area, and who does not engage in the business of buying products for resale.
(3)	License plates issued at the farmer rate shall be placed upon trucks and truck-tractors that are operated exclusively in the carrying or transportation of applicant's farm products, raised or produced on his farm, and farm supplies and not operated in hauling for hire.
(4)	'Farm products' means any food crop, livestock, poultry, dairy products, flower bulbs, or other nursery products and other agricultural products designed to be used for food purposes, including in the term 'farm products' also cotton, tobacco, logs, bark, pulpwood, tannic acid wood and other forest products grown, produced, or processed by the farmer.
(5)	The Division shall issue necessary rules and regulations providing for the recall, transfer, exchange or cancellation of "'farmer' plates, when vehicle bearing such plates shall be sold or transferred.
(5a)	Notwithstanding any other provision of this Chapter, license plates issued pursuant to this subsection at the farmer rate may be purchased for any three-month period at one fourth of the annual fee.
(6)	There shall be paid to the Division annually as of the first of January, the following fees for 'wreckers' as defined under G.S. 20-4.01(50): a wrecker fully equipped weighing 7,000 pounds or less, seventy-five dollars ($75.00); wreckers weighing in excess of 7,000 pounds shall pay one hundred forty-eight dollars ($148.00). Fees to be prorated quarterly. Provided, further, that nothing herein shall prohibit a licensed dealer from using a dealer's license plate to tow a vehicle for a customer."
Sec. 9.  G.S. 20-91 reads as rewritten:
"§ 20-91.  Audit of vehicle registrations under the International Registration Plan.
	(b)	
The Division may audit a person who registers or is required to register a vehicle under the International Registration Plan to determine if the person has paid the registration fees due under this Article.  A person who registers a vehicle under the International Registration Plan must keep any records used to determine the information provided to the Division when registering the vehicle.  The records must be kept for three years after the date of the registration to which the records apply.  The Division may examine these records during business hours. If the records are not located in North Carolina and an auditor must travel to the location of the records, the registrant shall reimburse North Carolina for per diem and travel expense incurred in the performance of the audit. If more than one registrant is audited on the same out-of-state trip, the per diem and travel expense may be prorated.
The Commissioner may enter into reciprocal audit agreements with other agencies of this State or agencies of another jurisdiction for the purpose of conducting joint audits of any registrant subject to audit under this section.
(c)	If an audit is conducted and it becomes necessary to assess the registrant for deficiencies in registration fees or taxes due based on the audit, the assessment will be determined based on the schedule of rates prescribed for that registration year, adding thereto and as a part thereof an amount equal to five percent (5%) of the tax to be collected. If, during an audit, it is determined that:
(1)	A registrant failed or refused to make acceptable records available for audit as provided by law; or
(2)	A registrant misrepresented, falsified or concealed records, then all plates and cab cards shall be deemed to have been issued erroneously and are subject to cancellation. The Commissioner may assess the registrant for an additional percentage up to one hundred percent (100%) North Carolina registration fees at the rate prescribed for that registration year, adding thereto and as a part thereof an amount equal to five percent (5%) of the tax to be collected. The Commissioner may cancel all registration and reciprocal privileges.
As a result of an audit, no assessment shall be issued and no claim for refund shall be allowed which is in an amount of less than ten dollars ($10.00).
The notice of any assessments will be sent to the registrant by registered or certified mail at the address of the registrant as it appears in the records of the Division of Motor Vehicles in Raleigh. The notice, when sent in accordance with the requirements indicated above, will be sufficient regardless of whether or not it was ever received.
The failure of any registrant to pay any additional registration fees or tax within 30 days after the billing date, shall constitute cause for revocation of registration license plates, cab cards and reciprocal privileges.
	."
Sec. 10.  G.S. 20-92 is repealed.
Sec. 11.  G.S. 20-99(a) reads as rewritten:
"(a)	If any tax imposed by this Chapter, or any other tax levied by the State and payable to the Commissioner of Motor Vehicles, or any portion of such tax, be not paid within 30 days after the same becomes due and payable, and after the same has been assessed, the Commissioner of Motor Vehicles shall issue an order under his hand and official seal, directed to the sheriff of any county of the State, commanding him to levy upon and sell the real and personal property of the taxpayer found within his county for the payment of the amount thereof, with the added penalties, additional taxes, interest, and cost of executing the same, and to return to the Commissioner of Motor Vehicles the money collected by virtue thereof within a time to be therein specified, not less than 60 days from the date of the order. The said sheriff shall, thereupon, proceed upon the same in all respects with like effect and in the same manner prescribed by law in respect to executions issued against property upon judgments of a court of record, and shall be entitled to the same fees for his services in executing the order, to be collected in the same manner. "
Sec. 12.  G.S. 20-101 reads as rewritten:
"§ 20-101.   Certain business vehicles to be marked.
A motor vehicle that is subject to 49 U.S.C. Part 390, the federal motor carrier safety regulations, must be marked as required by that Part.  A motor vehicle that is not subject to those regulations, has a gross vehicle weight rating of more than 10,000 pounds, and is used in intrastate commerce must have the name of the owner printed on the side of the vehicle in letters not less than three inches in height.  A motor vehicle that is subject to regulation by the North Carolina Utilities Commission must be marked as required by that Commission and as otherwise required by this section."
Sec. 13.  G.S. 20-113 is repealed.
Sec. 14.  G.S. 20-116(e) reads as rewritten:
"(e)	Except as provided by G.S. 20-115.1, no combination of vehicles coupled together shall consist of more than two units and no such combination of vehicles shall exceed a total length of 60 feet inclusive of front and rear bumpers, subject to the following exceptions: Said length limitation shall not apply to vehicles operated in the daytime when transporting poles, pipe, machinery or other objects of a structural nature which cannot readily be dismembered, nor to such vehicles transporting such objects operated at nighttime by a public utility when required for emergency repair of public service facilities or properties, but in respect to such night transportation every such vehicle and the load thereon shall be equipped with a sufficient number of clearance lamps on both sides and marker lamps upon the extreme ends of said projecting load to clearly mark the dimensions of such load: Provided that vehicles designed and used exclusively for the transportation of motor vehicles shall be permitted an overhang tolerance front or rear not to exceed five feet.  Provided, that wreckers in an emergency may tow a combination tractor and trailer to the nearest feasible point for repair and/or storage: Provided, however, that a combination of a house trailer used as a mobile home, together with its towing vehicle, shall not exceed a total length of 55 feet exclusive of front and rear bumpers.  Provided further, that the said limitation that no combination of vehicles coupled together shall consist of more than two units shall not apply to trailers not exceeding three in number drawn by a motor vehicle used by municipalities for the removal of domestic and commercial refuse and street rubbish, but such combination of vehicles shall not exceed a total length of 50 feet inclusive of front and rear bumpers.  Provided further, that the said limitation that no combination of vehicles coupled together shall consist of more than two units shall not apply to a combination of vehicles coupled together by a saddle mount device used to transport motor vehicles in a driveway service when no more than three saddle mounts are used and provided further, that equipment used in said combination is approved by the safety regulations of the Federal Highway Administration and the safety rules of the Division."
Sec. 15.  G.S. 20-123(a) reads as rewritten:
"(a)	The limitations in G.S. 20-116 on combination vehicles do not prohibit the towing of farm trailers not exceeding three in number nor exceeding a total length of 50 feet during the period from one-half hour before sunrise until one-half hour after sunset when a red flag of at least 12 inches square is prominently displayed on the last vehicle. The towing of farm trailers and equipment allowed by this subsection does not apply to interstate or federal numbered highways."
Sec. 16.  G.S. 20-130.1(b)(13) reads as rewritten:
"(13)	A light required by the Federal Highway Administration;".
Sec. 17.  G.S. 20-215.1 reads as rewritten:
"§ 20-215.1.  Definitions.
The following definitions apply in this Article:
(1)	Migratory farm worker. – An individual who is employed in agriculture.
(2)	Motor carrier of migratory farm workers. – A person who for compensation transports at any one time in North Carolina five or more migratory farm workers to or from their employment by any motor vehicle, other than a passenger automobile or station wagon.  The term does not include any of the following:
a.	A migratory farm worker who is transporting his or her immediate ”family.
b.	A carrier of passengers regulated by the North Carolina Utilities Commission or the United States Department of Transportation.
c.	The transportation of migratory farm workers on a vehicle owned by a farmer when the migratory farm workers are employed or to be employed by the farmer to work on a farm owned or controlled by the farmer.
(3)	Repealed by Session Laws 1973, c. 1330, s. 39."
Sec. 18.  G.S. 20-279.32 reads as rewritten:
"§ 20-279.32.  Exceptions.
This Article does not apply to a motor vehicle registered under G.S. 20-382 or G.S. 20-382.1 by a for-hire motor carrier. This Article does not apply to any motor vehicle owned by the State of North Carolina, nor does it apply to the operator of a vehicle owned by the State of North Carolina who becomes involved in an accident while operating the state-owned vehicle if the Commissioner determines that the vehicle at the time of the accident was probably being operated in the course of the operator's employment as an employee or officer of the State.  This Article does not apply to any motor vehicle owned by a county or municipality of the State of North Carolina, nor does it apply to the operator of a vehicle owned by a county or municipality of the State of North Carolina who becomes involved in an accident while operating such vehicle in the course of the operator's employment as an employee or officer of the county or municipality.  This Article does not apply to the operator of a vehicle owned by a political subdivision, other than a county or municipality, of the State of North Carolina who becomes involved in an accident while operating such vehicle if the Commissioner determines that the vehicle at the time of the accident was probably being operated in the course of the operator's employment as an employee or officer of the subdivision providing that the Commissioner finds that the political subdivision has waived any immunity it has with respect to such accidents and has in force an insurance policy or other method of satisfying claims which may arise out of the accident.  This Article does not apply to any motor vehicle owned by the federal government, nor does it apply to the operator of a motor vehicle owned by the federal government who becomes involved in an accident while operating the government-owned vehicle if the Commissioner determines that the vehicle at the time of the accident was probably being operated in the course of the operator's employment as an employee or officer of the federal government."
Sec. 19.  G.S. 20-317 reads as rewritten:
"§ 20-317.  Insurance required by any other law; certain operators not affected.
This Article shall not be held to apply to or affect policies of automobile insurance against liability which may now or hereafter be required by any other law of this State, and such policies, if they contain an agreement or are endorsed to conform to the requirements of this Article, may be certified as proof of financial responsibility under this Article.  This Article applies to vehicles of motor carriers required to register with the Division under G.S. 20-382 or G.S. 20-382.1 only to the extent that the amount of financial responsibility required by this Article exceeds the amount required by the United States Department of Transportation."
Sec. 20.  G.S. 20-376 reads as rewritten:
"§ 20-376.  Definitions.
The following definitions apply in this Article:
	”	”																	(1)	Federal safety regulations. – The federal motor carrier safety regulations contained in 49 U.S.C. Subchapter B, Parts 350 through 399.
(2)	Foreign commerce. – Commerce between any of the following:
a.	A place in the United States and a place in a foreign country.
b.	Places in the United States through any foreign country.
(3)	Interstate commerce. – Commerce between any of the following:
a.	A place in a state and a place in another state.
b.	Places in the same state through another state.
(4)	Intrastate commerce. – Commerce that is between points and over a route wholly within this State and is not part of a prior or subsequent movement to or from points outside of this State in interstate or foreign commerce."
Sec. 21.  G.S. 20-378 is repealed.
Sec. 22.  G.S. 20-379 reads as rewritten:
"§ 20-379.  Division to audit motor carriers for compliance.
		The Division must periodically audit each motor carrier to determine if the carrier is complying with this Article and, if the motor carrier is subject to regulation by the North Carolina Utilities Commission, with Chapter 62 of the General Statutes.  In conducting the audit, the Division may examine a person under oath, compel the production of papers and the attendance of witnesses, and copy a paper for use in the audit.  An employee of the Division may enter the premises of a motor carrier during reasonable hours to enforce this Article.  When on the premises of a motor carrier, an employee of the Division may set up and use equipment needed to make the tests required by this Article."
Sec. 23.  G.S. 20-380 reads as rewritten:
"§ 20-380.  Division may investigate accidents involving motor carriers and promote general safety program.
The Division may conduct a program of accident prevention and public safety covering all motor carriers with special emphasis on highway safety and transport safety and may investigate the causes of any accident on a highway involving a motor carrier. Any information obtained in an investigation shall be reduced to writing and a report thereof filed in the office of the Division, which shall be subject to public inspection but such report shall not be admissible in evidence in any civil or criminal proceeding arising from such accident. The Division may adopt rules for the safety of the public as affected by motor carriers and the safety of motor carrier employees. The Division shall cooperate with and coordinate its activities for motor carriers with other agencies and organizations engaged in the promotion of highway safety and employee safety."
Sec. 24.  G.S 20-381 reads as rewritten:
"§ 20-381.  Specific powers and duties of Division applicable to motor carriers.
The Division has the following powers and duties concerning motor carriers:
(1)	To prescribe qualifications and maximum hours of service of drivers and their helpers.
(1a)	To set safety standards for vehicles of motor carriers engaged in foreign, interstate, or intrastate commerce over the highways of this State and for the safe operation of these vehicles.  The Division may stop and inspect a vehicle to determine if it is in compliance with these standards and may conduct any investigations and tests it finds necessary to promote the safety of equipment and the safe operation on the highway of these vehicles.
(1b)	To enforce this Article, rules adopted under this Article, and the federal safety regulations.
(2)	To enter the premises of a motor carrier to inspect a motor vehicle or any equipment used by the motor carrier in transporting passengers or property.
(2a)	To prohibit the use by a motor carrier of any motor vehicle or motor vehicle equipment the Division finds unsafe for use in the transportation of passengers or property on a highway.  If an agent of the Division finds a motor vehicle of a motor carrier in actual use upon the highways in the transportation of passengers or property to be unsafe or any parts thereof or any equipment thereon to be unsafe and is of the opinion that further use of such vehicle, parts or equipment are imminently dangerous, the agent may require the operator thereof to discontinue its use and to substitute therefor a safe vehicle, parts or equipment at the earliest possible time and place, having regard for both the convenience and the safety of the passengers or property. When an inspector or agent stops a motor vehicle on the highway, under authority of this section, and the motor vehicle is in operative condition and its further movement is not dangerous to the passengers or property or to the users of the highways, it shall be the duty of the inspector or agent to guide the vehicle to the nearest point of substitution or correction of the defect. Such agents or inspectors shall also have the right to stop any motor vehicle which is being used upon the public highways for the transportation of passengers or property by a motor carrier subject to the provisions of this Article and to eject therefrom any driver or operator who shall be operating or be in charge of such motor vehicle while under the influence of alcoholic beverages.  It shall be the duty of all inspectors and agents of the Division to make a written report, upon a form prescribed by the Division, of inspections of all motor equipment and a copy of each such written report, disclosing  defects in such equipment, shall be served promptly upon the motor carrier operating the same, either in person by the inspector or agent or by mail. Such agents and inspectors shall also make and serve a similar written report in cases where a motor vehicle is operated in violation of this Chapter or, if the motor vehicle is subject to regulation by the North Carolina Utilities Commission, of Chapter 62 of the General Statutes.
(3)	To relieve the highways of all undue burdens and safeguard traffic thereon by adopting and enforcing rules and orders designed and calculated to minimize the dangers attending transportation on the highways of all hazardous materials."
Sec. 25.  G.S. 20-382 reads as rewritten:
"§ 20-382.  Registration of for-hire interstate motor carriers and verification that their for-hire vehicles are insured.
(a)	Registration. – A for-hire motor carrier may not operate a for-hire motor vehicle in interstate commerce in this State unless the motor carrier has complied with all of the following requirements:
(1)	Registered its operations with the Division by doing one of the following:
a.	Filing a copy of the certificate of authority issued to it by the United States Department of Transportation allowing it to operate in this State and any amendments to that authority.
b.	Certifying to the Division that it carries only items that are not regulated by the United States Department of Transportation.
(2)	Verified, in accordance with subsection (b) or (c) of this section, that it has insurance for each for-hire motor vehicle it operates.
(3)	Paid the fees set in G.S. 20-385.
(b)	Insurance Verification for Federally Regulated Motor Carriers. – A for-hire motor carrier that operates a for-hire motor vehicle in interstate commerce in this State, is regulated by the United States Department of Transportation, and designates this State as its registration state must obtain a receipt from the Division verifying that each for-hire motor vehicle the motor carrier operates in any jurisdiction is insured. To obtain a receipt, the motor carrier must apply annually to the Division during the application period and state the number of for-hire motor vehicles the motor carrier intends to operate in each jurisdiction during the next calendar year. The certificate of authority issued to the motor carrier by the United States Department of Transportation is proof that the motor carrier has insurance for its for-hire motor vehicles.
The motor carrier must keep a copy of the 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.
A motor carrier may operate more for-hire motor vehicles in a jurisdiction than stated in its most recent annual application only if the motor carrier files another application with the Division and obtains a receipt stating the increased number. A motor carrier that obtains a receipt for an increased number of for-hire motor vehicles must put a copy of the new receipt in each of its for-hire motor vehicles. The new receipt replaces rather than supplements the previous receipt.
(c)	Insurance Verification for Nonregulated Motor Carriers. – A for-hire motor carrier that operates a for-hire motor vehicle in interstate commerce in this State and is exempt from regulation by the United States Department of Transportation must verify to the Division that each for-hire motor vehicle the motor carrier operates in this State is insured. To do this, the motor carrier must obtain annually for each for-hire motor vehicle a cab card approved by the Commissioner and a North Carolina identification stamp issued by the Division. To obtain an identification stamp, the motor carrier must apply annually to the Division during the application period for an identification stamp for each for-hire motor vehicle the motor carrier intends to operate in this State during the next 12-month period beginning February 1.
The motor carrier must place the identification stamp on the cab card and keep the cab card in the for-hire motor vehicle for which it was issued. An identification stamp is issued for a specific for-hire motor vehicle and is not transferable from one for-hire motor vehicle to another.
A motor carrier may operate in this State a for-hire motor vehicle for which it did not obtain an identification stamp during the most recent annual application period only if it obtains for that vehicle either a cab card and identification stamp or an emergency permit. A motor carrier may obtain an additional identification stamp after the close of the annual application period by filing an application for it with the Division. An identification stamp issued after the close of the annual application period expires the same date as one issued during the annual application period.
A motor carrier may obtain an emergency permit by filing an application for it with the Division. An emergency permit allows the motor carrier to operate a for-hire motor vehicle in this State without a cab card and identification stamp between the time the motor carrier has applied for an identification stamp and the time the Division issues the identification stamp."
Sec. 26.  G.S. 20-382.1 reads as rewritten:
"§ 20-382.1. Registration of for-hire intrastate motor carriers and verification that their vehicles are insured.
(a)	Registration. – A for-hire motor carrier may not operate a for-hire motor vehicle in intrastate commerce in this State unless the motor carrier has complied with all of the following requirements:
(1)	For a motor carrier that hauls household goods, registered its operations with the State by doing one of the following:
a.	Obtaining a certificate of authority from the North Carolina Utilities Commission.
b.	Obtaining a certificate of exemption from the Division.
(1a)	For a motor carrier that does not haul household goods, registered its operations with the Division.
(2)	Verified, in accordance with subsection (b) of this section, that it has insurance for each for-hire motor vehicle it operates in this State.
(3)	Paid the fees set in G.S. 20-385.
(b)	Insurance Verification. – A for-hire motor carrier that operates a for-hire vehicle in intrastate commerce in this State must verify to the Division that each for-hire motor vehicle it operates in this State is insured. To do this, the motor carrier must submit an insurance verification form to the Division and must file annually with the Division a list of the for-hire vehicles it operates in this State."
Sec. 27.  G.S. 20-384 reads as rewritten:
"§ 20-384.  Penalty for certain violations.
		A motor carrier who fails to conduct a safety inspection of a vehicle as required by Part 396 of the federal safety regulations or who fails to mark a vehicle that has been inspected as required by that Part commits an infraction and, if found responsible, is liable for a penalty of up to fifty dollars ($50.00)."
Sec. 28.  G.S. 20-385 reads as rewritten:
"§ 20-385. Fee schedule.
(a)	Amounts. –
(1)	Verification by a for-hire motor
carrier of insurance for each for-hire
motor vehicle operated in this State	$ 1.00
(2)	Application by an intrastate motor carrier
for a certificate of exemption	25.00
(3)	Certification by an interstate motor carrier
that it is not regulated by the United
States Department of Transportation	25.00
(4)	Application by an interstate motor carrier
for an emergency permit	10.00.
(b)	Reciprocal Agreements. – The fee set in subdivision (a)(1) of this section does not apply to the verification of insurance by an interstate motor carrier regulated by the United States Department of Transportation if the Division had a reciprocal agreement on November 15, 1991, with another state by which no fee is imposed. The Division had reciprocal agreements as of that date with the following states: California, Delaware, Indiana, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Jersey, Pennsylvania, Texas, and Vermont."
Sec. 29.  G.S.  20-118(b)(3) reads as rewritten:
"(3)	The gross weight imposed upon the highway by any axle group of a vehicle or combination of vehicles shall not exceed the maximum weight given for the respective distance between the first and last axle of the group of axles measured longitudinally to the nearest foot as set forth in the following table:
Distance	Maximum Weight in Pounds for any Group of Two
Between	or More Consecutive Axles
Axles*	2 Axles	3 Axles	4 Axles	5 Axles	6 Axles	7 Axles
4 	38000
5 	38000
6 	38000
7 	38000
8 or less	38000	38000
more than 8	38000	42000
9 	39000 	42500
10 	40000 	43500
11 	44000
12 	45000 	50000
13 	45500 	50500
14 	46500 	51500
15 	47000 	52000
16 	48000 	52500 	58000
17 	48500 	53500 	58500
18 	49500 	54000 	59000
19 	50000 	54500 	60000
20 	51000 	55500 	60500 	66000
21 	51500 	56000 	61000 	66500
22 	52500 	56500 	61500 	67000
23 	53000 	57500 	62500 	68000
24 	54000 	58000 	63000 	68500	74000
25 	54500 	58500 	63500 	69000	74500
26 	55500 	59500 	64000 	69500	75000
27 	56000 	60000 	65000 	70000	75500
28 	57000 	60500 	65500 	71000	76500
29 	57500 	61500 	66000 	71500	77000
30 	58500 	62000	66500 	72000	77500
31 	59000 	62500	67500 	72500	78000
32 	60000 	63500	68000 	73000	78500
33 	64000	68500 	74000	79000
34 	64500	69000 	74500	80000
35 	65500	70000 	75000
36 	66000** 	70500 	75500
37 	66500** 	71000 	76000
38 	67500** 	72000 	77000
39 	68000 	72500 	77500
40 	68500 	73000 	78000
41 	69500 	73500 	78500
42 	70000 	74000 	79000
43 	70500 	75000 	80000
44 	71500 	75500
45 	72000 	76000
46 	72500 	76500
47 	73500 	77500
48 	74000 	78000
49 	74500 	78500
50 	75500 	79000
51 	76000 	80000
52 	76500
53 	77500
54 	78000
55 	78500
56 	79500
57	80000
*Distance in Feet Between the Extremes of any Group of Two or More Consecutive Axles.
**See exception in G.S. 20-118(c)(1)."
Sec. 30.  G.S. 20-135.1 is repealed.
Sec. 31.  G.S. 20-179.3(b)(1) reads as rewritten:
"(1)	A person convicted of the offense of impaired driving under G.S. 20-138.1 is eligible for a limited driving privilege if:
a.	At the time of the offense he held either a valid driver's license or a license that had been expired for less than one year;
b.	At the time of the offense he had not within the preceding seven years been convicted of an offense involving impaired driving;
c.	Punishment Level Three, Four, or Five was imposed for the offense of impaired driving;
d.	Subsequent to the offense he has not been convicted of, or had an unresolved charge lodged against him for, an offense involving impaired driving; and
e.	The person has obtained and filed with the court a substance abuse assessment of the type required by G.S. 20-17.6 for the restoration of a drivers license.
	A person whose North Carolina driver's license is revoked because of a conviction in another jurisdiction substantially equivalent to impaired driving under G.S. 20-138.1 is eligible for a limited driving privilege if he would be eligible for it had the conviction occurred in North Carolina. Eligibility for a limited driving privilege following a revocation under G.S. 20-16.2(d) is governed by G.S. 20-16.2(e1)."
Sec. 32.  This act is effective upon ratification.
In the General Assembly read three times and ratified this the 21st day of June, 1996.

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Dennis A. Wicker
President of the Senate

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Harold J. Brubaker
Speaker of the House of Representatives