North Carolina § 20-88 - Property-hauling vehicles.

§ 20-88. Property-hauling vehicles.

Determination of Weight. - For the purpose of licensing, the weight of self-propelled property-carrying vehicles shall be the empty weight and heaviest load to be transported, as declared by the owner or operator; provided, that any determination of weight shall be made only in units of 1,000 pounds or major fraction thereof, weights of over 500 pounds counted as 1,000 and weights of 500 pounds or less disregarded. The declared gross weight of self-propelled property-carrying vehicles operated in conjunction with trailers or semitrailers shall include the empty weight of the vehicles to be operated in the combination and the heaviest load to be transported by such combination at any time during the registration period, except that the gross weight of a trailer or semitrailer is not required to be included when the operation is to be in conjunction with a self-propelled property-carrying vehicle which is licensed for 6,000 pounds or less gross weight and the gross weight of such combination does not exceed 9,000 pounds, except wreckers as defined under G.S. 20-4.01(50). Those property-hauling vehicles registered for 4,000 pounds shall be permitted a tolerance of 500 pounds above the weight permitted under the table of weights and rates appearing in subsection (b) of this section. 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: The minimum fee for a vehicle licensed under this subsection is thirty dollars ($30.00) at the farmer rate and thirty-six dollars ($36.00) at the general rate. 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. License plates issued at the farmer rate shall be placed upon trucks and truck-tractors that are operated for the primary purpose of carrying or transporting the applicant's farm products, raised or produced on the applicant's farm, and farm supplies. The license plates shall not be used on a vehicle operated in hauling for hire. "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. 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. 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. There shall be paid to the Division annually the following fees for "wreckers" as defined under G.S. 20-4.01(50): a wrecker fully equipped weighing 7,000 pounds or less, ninety-eight dollars ($98.00); wreckers weighing in excess of 7,000 pounds shall pay one hundred ninety-two dollars ($192.00). Fees to be prorated monthly. Provided, further, that nothing herein shall prohibit a licensed dealer from using a dealer's license plate to tow a vehicle for a customer. The fee for a semitrailer or trailer is twenty-five dollars ($25.00) for each year or part of a year. The fee is payable each year. Upon the application of the owner of a semitrailer or trailer, the Division may issue a multiyear plate and registration card for the semitrailer or trailer for a fee of ninety-eight dollars ($98.00). A multiyear plate and registration card for a semitrailer or trailer are valid until the owner transfers the semitrailer or trailer to another person or surrenders the plate and registration card to the Division. A multiyear plate may not be transferred to another vehicle. Rates on trucks, trailers and semitrailers wholly or partially equipped with solid tires shall be double the above schedule. Repealed by Session Laws 1981, c. 976, s. 6. Repealed by Session Laws 1995, c. 163, s. 6. Repealed by Session Laws 1969, c. 600, s. 17. Repealed by Session Laws 1979, c. 419. Any vehicle fee determined under this section according to the weight of the vehicle shall be increased by the sum of four dollars ($4.00) to arrive at the total fee. No heavy vehicle subject to the use tax imposed by Section 4481 of the Internal Revenue Code of 1954 (26 U.S.C. 4481) may be registered or licensed pursuant to G.S. 20-88 without proof of payment of the use tax imposed by that law. The proof of payment shall be on a form prescribed by the United States Secretary of Treasury pursuant to the provisions of 23 U.S.C. 141(d). A person may not drive a vehicle on a highway if the vehicle's gross weight exceeds its declared gross weight. A vehicle driven in violation of this subsection is subject to the axle-group weight penalties set in G.S. 20-118(e). The penalties apply to the amount by which the vehicle's gross weight exceeds its declared weight. The Division shall issue permanent truck and truck-tractor plates to Class A and Class B Motor Vehicles and shall include the word "permanent" on the plate. The permanent registration plates issued pursuant to this section shall be subject to annual registration fees set in this section. The Division shall issue the necessary rules providing for the recall, transfer, exchange, or cancellation of permanent plates issued pursuant to this section. Any vehicle weighing greater than the gross weight limits found in G.S. 20-118(b)(3), as authorized by G.S. 20-118(c)(12), (c)(14), and (c)(15), must be registered for the maximum weight allowed for the vehicle configuration as listed in G.S. 20-118(b). A vehicle driven in violation of this subsection is subject to the axle group penalties set out in G.S. 20-118(e). The penalties apply to the amount by which the vehicle's maximum gross weight as listed in G.S. 20-118(b) exceeds its declared weight. SCHEDULE OF WEIGHTS AND RATES --------------------------------------------------------------- ----------- --------------------------------------------------------------- ----------- Rates Per Hundred Pound Gross Weight Farmer Rate Not over 4,000 pounds $0.38 4,001 to 9,000 pounds inclusive .52 9,001 to 13,000 pounds inclusive .65 13,001 to 17,000 pounds inclusive .88 Over 17,000 pounds 1.00 --------------------------------------------------------------- ----------- --------------------------------------------------------------- ----------- Rates Per Hundred Pound Gross Weight General Rate Not over 4,000 pounds $0.77 4,001 to 9,000 pounds inclusive 1.05 9,001 to 13,000 pounds inclusive 1.30 13,001 to 17,000 pounds inclusive 1.77 Over 17,000 pounds 2.00 The Division shall issue a multiyear semitrailer or trailer plate in a different color than an annual semitrailer or trailer plate and shall include the word "multiyear" on the plate. The Division may not issue a multiyear plate for a house trailer. History (1937, c. 407, s. 52; 1939, c. 275; 1941, cc. 36, 227; 1943, c. 648; 1945, c. 569, s. 1; c. 575, s. 1; c. 576, s. 3; c. 956, ss. 1, 2; 1949, cc. 355, 361; 1951, c. 583; c. 819, ss. 1, 2; 1953, c. 568; c. 694, s. 1; c. 1122; 1955, c. 554, s. 8; 1957, c. 681, s. 2; c. 1215; 1959, c. 571; 1961, c. 685; 1963, c. 501; c. 702, ss. 2, 3; 1967, c. 1095, ss. 1, 2; 1969, c. 600, ss. 12-17; c. 1056, s. 1; 1973, c. 154, ss. 1, 2; c. 291; 1975, c. 716, s. 5; 1977, c. 638; 1979, c. 419; c. 631; 1981, c. 67; c. 690, ss. 29, 30; c. 976, s. 6; 1983, c. 43; c. 190, s. 1; c. 761, s. 144; c. 768, s. 4; 1991 (Reg. Sess., 1992), c. 947, s. 1; 1993, c. 467, s. 4; c. 543, s. 1; 1995, c. 109, s. 1; c. 163, s. 6; 1995 (Reg. Sess., 1996), c. 756, s. 8; 1997-466, s. 1; 2004-167, ss. 6, 7; 2004-199, s. 59; 2005-276, s. 44.1(n); 2008-221, s. 2; 2012-78, s. 4; 2013-92, s. 1; 2015-241, s. 29.30(o).) Editor's Note. - Session Laws 2015-241, s. 29.30(u), made the amendment to subsections (b), (c), and (i) of this section by Session Laws 2015-241, s. 29.30(o), applicable to issuances, renewals, restorations, and requests on or after January 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. 33.6, is a severability clause. Effect of Amendments. - Session Laws 2004-167, ss. 6 and 7, as amended by Session Laws 2004-199, s. 59, effective January 1, 2006, in subdivision (b)(6), deleted "as of the first of January," following "annually" in the first sentence and substituted "monthly" for "quarterly" in the second to last sentence; and deleted "on or before January 1 of" following "fee is payable" in the second sentence of subsection (c). Session Laws 2005-276, s. 44.1(n), effective October 1, 2005, and applicable to fees collected on or after that date, in subsection (b), in the Schedule of Rates, rewrote the farmer rates and the general rates; in subdivision (b)(1), substituted "twenty-four dollars ($24.00)" for "seventeen dollars and fifty cents ($17.50)" and "twenty-eight dollars ($28.00)" for "twenty-one dollars and fifty cents ($21.50)"; and in subsection (c), substituted "nineteen dollars ($19.00)" for "ten dollars ($10.00)." Session Laws 2008-221, s. 2, effective September 1, 2008, rewrote subdivision (b)(3). Session Laws 2012-78, s. 4, effective June 26, 2012, added subsection (m). Session Laws 2013-92, s. 1, effective June 12, 2013, substituted "gross weight limits found in G.S. 20-118(b)(3) " for "limits found in G.S. 20-118(b) " in the first sentence of subsection (m). Session Laws 2015-241, s. 29.30(o), effective January 1, 2016, rewrote the dollar amounts throughout subsections (b), (c), and (i). For applicability, see editor's note. Legal Periodicals. - For comment on the 1941 amendment, see 19 N.C.L. Rev. 514 (1941).