A BILL TO BE ENTITLED
AN ACT to ensure COMPLIANCE with motor carrier and commercial drivers license provisions of chapter 20 of the general statutes and to authorize the commissioner of motor VEHICLES to enter into the unified motor carrier registration agreement.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 20‑17.4(l) reads as rewritten:
"(l)	Disqualification for Testing Positive or Refusal to Participate in a Drug or Alcohol Test. – Upon receipt of notice of a positive drug or alcohol test, or of refusal to participate in a drug or alcohol test, pursuant to G.S. 20‑37.19(c), the Division shall disqualify a driver from operating a commercial motor vehicle until receipt of proof of successful completion of assessment and treatment by a substance abuse professional in accordance with 49 C.F.R. § 382.503."
SECTION 2.  G.S. 20‑37.19(c) reads as rewritten:
"(c)	The employer of any employee who tests positive or who refuses to participate in a drug or alcohol test required under 49 C.F.R. Part 382 and 49 C.F.R. Part 655 shall notify the Division of Motor Vehicles in writing within five business days following the employer's receipt of confirmation of a positive drug or alcohol test or the employee's refusal to participate in the test. The notification shall include the driver's name, address, drivers license number, social security number, and results of the drug or alcohol test, or a statement of the refusal by the employee to take the test."
SECTION 3.  G.S. 20‑183.8G(f) reads as rewritten:
"(f)	Decision. –A decision made after a hearing on any action may uphold or modify the action."
SECTION 4. 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.
						(a1)	Effective January 1, 2007, the Commissioner shall have the authority and may enter into the Unified Carrier Registration Agreement (UCRA) established pursuant to Section 4305 of Public Law 109‑73. Upon entering into the Unified Carrier Registration Agreement, the Division shall abide by the requirements of the Unified Carrier Registration Agreement and may agree to enter into arrangements or agreements with other participating jurisdictions for the exchange of information for any audit or enforcement activities required by the Unified Carrier Registration Agreement. In the event of a conflict between this section and the Unified Carrier Registration Agreement, the Unified Carrier Registration Agreement shall control.
(a2)	The Commissioner is hereby authorized to adopt and enforce rules necessary to ensure that the implementation and enforcement of this section complies with the mandates of the Federal Motor Carrier Safety Administration and the United States Department of Transportation.
(a3)	Registration. – Foreign and domestic motor carriers, private motor carriers, leasing companies, brokers, freight forwarders, and for‑hire carriers may not operate for‑hire motor vehicles in interstate commerce in this State without first registering with a base state and paying all fees required under the Unified Carrier Registration Act of 2005, 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 shall meet all insurance requirements.
(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. 
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 for a period not to exceed 10 days. "
SECTION 5.  G.S. 20‑382.2(a)(2) is repealed.
SECTION 6.  G.S. 20‑385 reads as rewritten:
"§ 20‑385.  Fee schedule.
(a)	Amounts. – Motor carriers regulated by the United States Department of Transportation shall pay fees in accordance with the established fee structure.
				(2)	Application by an intrastate motor carrier for a 
	certificate of exemption	45.00
(3)	Certification by an interstate motor carrier that it is
	not regulated by the United States Department 
	of Transportation	45.00
				"SECTION 7.  This act is effective when it becomes law.