North Carolina § 20-88 - 03. Late fee; motor vehicle registration.

§ 20-88. 03. Late fee; motor vehicle registration.

Late Fee. - In addition to the applicable fees required under this Article for the registration of a motor vehicle and any interest assessed under G.S. 105-330.4, the Division shall charge a late fee according to the following schedule to a person who pays the applicable registration fee required under this Article after the registration expires: If the registration has been expired for less than one month, a late fee of fifteen dollars ($15.00). If the registration has been expired for one month or greater, but less than two months, a late fee of twenty dollars ($20.00). If the registration has been expired for two months or greater, a late fee of twenty-five dollars ($25.00). (Effective October 1, 2021) Waiver. - The Division shall waive the late fee assessed under subsection (a) of this section against a person who establishes the following: The person was deployed as a member of the Armed Forces of the United States when the registration expired. The person obtained a renewed registration within 30 days after the deployment ended. Proceeds. - The clear proceeds of any late fee charged under this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. The clear proceeds of the late fee charged under this section shall be used to provide a dedicated source of revenue for the drivers education program administered by the Department of Public Instruction in accordance with G.S. 115C-215. Construction. - For purposes of this section, payment by mail of a registration fee required under this Article is considered to be made on the date shown on the postmark stamped by the United States Postal Service. If payment by mail is not postmarked or does not show the date of mailing, the payment is considered to be made on the date the Division receives the payment. Grace Period Inapplicable. - The 15-day grace period provided in G.S. 20-66(g) shall not apply to any late fee assessed under this section. Surrender of Registration Plate. - Nothing in this section shall be construed as requiring the Division to assess a late fee under this section if, on or prior to the date the registration expires, the owner surrenders to the Division the registration plate issued for the vehicle. History (2015-241, s. 29.30(m); 2015-268, s. 8.2(a); 2016-94, s. 35.13; 2017-57, s. 5.4(d); 2021-89, s. 3.) Editor's Note. - Session Laws 2015-241, s. 29.30(u), as amended by Session Laws 2016-94, s. 35.13, provides, in part: "Subsection (m) of this section [which enacted this section] becomes effective July 1, 2016, and applies to renewal motor vehicle registrations on or after that date." Session Laws 2016-94, s. 35.13 further amended Session Laws 2015-241, s. 29.30(u), by deleting "Subsection (m) of this section expires December 31, 2017." This section will not expire December 31, 2017. Session Laws 2015-268, s. 8.2(b), made subdivisions (d) and (e) as added by Session Laws 2015-268, s. 8.2(a), effective July 1, 2016. Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium." Session Laws 2015-241, s. 33.6, is a severability clause. Session Laws 2016-124, 3rd Ex. Sess., s. 5.9(a)-(c), provides: "(a) Notwithstanding G.S. 20-14 , 20-37.7, 20-85, and 20-88.03, the Governor may waive any fees assessed by the Division of Motor Vehicles under those sections for the following: "(1) A duplicate drivers license, commercial drivers license, or special identification card. "(2) A special identification card issued to a person for the first time. "(3) An application for a duplicate or corrected certificate of title. "(4) A replacement registration plate. "(5) An application for a duplicate registration card. "(6) Late payment of a motor vehicle registration renewal fee. "(b) The waiver authorized under subsection (a) of this section applies only to residents of counties impacted by Hurricane Matthew, as determined by the Governor. "(c) This section is effective when it becomes law and applies to fees assessed or collected on or after October 1, 2016. This section expires December 1, 2016." Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.6, is a severability clause. Session Laws 2018-134, 3rd Ex. Sess., s. 1.1, provides: "This act shall be known as 'The Hurricane Florence Emergency Response Act.'" Session Laws 2018-134, 3rd Ex. Sess., s. 5.5(a)-(c), provides: "(a) Notwithstanding G.S. 20-14 , 20-37.7, 20-85, and 20-88.03, the Governor may waive any fees assessed by the Division of Motor Vehicles under those sections for the following: "(1) A duplicate drivers license, duplicate commercial drivers license, or duplicate special identification card. "(2) A special identification card issued to a person for the first time. "(3) An application for a duplicate or corrected certificate of title. "(4) A replacement registration plate. "(5) An application for a duplicate registration card. "(6) Late payment of a motor vehicle registration renewal fee. "(b) The waiver authorized under subsection (a) of this section only applies to residents of counties impacted by Hurricane Florence, as determined by the Governor. A resident is allowed a refund of any fee assessed and collected by the Division of Motor Vehicles and waived pursuant to this section. The Division shall post notice of the availability of a refund on its Web site. "(c) This section is effective when it becomes law and applies to fees assessed or collected on or after September 13, 2018. This section expires December 31, 2018." Effect of Amendments. - Session Laws 2015-268, s. 8.2(a), effective July 1, 2016, added subsections (d) and (e). Session Laws 2017-57, s. 5.4(d), effective July 1, 2017, added the second sentence in subsection (b). Session Laws 2021-89, s. 1, effective October 1, 2021, added subsection (a1).