North Carolina § 105-449 - 37. Definitions; tax liability; application.

§ 105-449. 37. Definitions; tax liability; application.

Definitions. - The following definitions apply in this Article: International Fuel Tax Agreement. - The Articles of Agreement adopted by the International Fuel Tax Association, Inc., as amended as of December 1, 2018. Motor carrier. - A person who operates or causes to be operated on any highway in this State a motor vehicle that is a qualified motor vehicle. The term does not include the United States, a state, or a political subdivision of a state. Motor vehicle. - Defined in G.S. 20-4.01. Operations. - The movement of a qualified motor vehicle by a motor carrier, whether loaded or empty and whether or not operated for compensation. Person. - Defined in G.S. 105-228.90. Qualified motor vehicle. - Defined in the International Fuel Tax Agreement. Secretary. - Defined in G.S. 105-228.90. Liability. - A motor carrier who operates on one or more days of a reporting period is liable for the tax imposed by this Article for that reporting period and is entitled to the credits allowed for that reporting period. Application. - A motor carrier who operates a qualified motor vehicle in this State must submit an application, as provided in this Article, and obtain the appropriate license and decals for the vehicle. The Article applies to both an interstate motor carrier subject to the International Fuel Tax Agreement and to an intrastate motor carrier. History (1955, c. 823, s. 1; 1973, c. 476, s. 193; 1983, c. 713, s. 55; 1989, c. 7, s. 1; 1991, c. 182, s. 2; c. 487, s. 2; 1991 (Reg. Sess., 1992), c. 913, s. 8; 1993, c. 354, s. 28; 1999-337, s. 36; 2000-140, s. 74; 2008-134, s. 16; 2010-95, s. 27; 2014-3, s. 9.5(b); 2017-39, s. 11; 2020-58, s. 2.9.) Editor's Note. - Session Laws 2014-3, s. 9.5(a), effective May 29, 2014, rewrote the Article 36B heading, which formerly read "Tax on Carriers Using Fuel Purchased Outside State." Effect of Amendments. - Session Laws 2008-134, s. 16, effective January 1, 2009, rewrote subsection (a). Session Laws 2010-95, s. 27, effective July 17, 2010, substituted "June 1, 2010" for "June 1, 2008" in subdivision (a)(1). Session Laws 2014-3, s. 9.5(b), effective May 29, 2014, added "application" at the end of the section heading; substituted "July 1, 2013" for "June 1, 2010" in subdivision (a)(1); and added subsection (c). Session Laws 2017-39, s. 11, effective June 21, 2017, substituted "January 1, 2017" for "July 1, 2013" in subdivision (a)(1); and, in subsection (c), substituted "submit an application," for "register the vehicle"' and made a stylistic change. Session Laws 2020-58, s. 2.9, effective June 30, 2020, substituted "December 1, 2018" for "January 1, 2017" in subdivision (a)(1).