North Carolina § 105-449 - 52. Civil penalties applicable to motor carriers.

§ 105-449. 52. Civil penalties applicable to motor carriers.

Penalty. - A motor carrier who does any of the following is subject to a civil penalty: Operates in this State or causes to be operated in this State a qualified motor vehicle that either fails to carry the license required by this Article or fails to display a decal in accordance with this Article. The amount of the penalty is one hundred dollars ($100.00). Is unable to account for a decal the Secretary issues the motor carrier, as required by G.S. 105-449.47. The amount of the penalty is one hundred dollars ($100.00) for each decal for which the carrier is unable to account. Displays a decal on a qualified motor vehicle operated by a motor carrier that was not issued to the carrier by the Secretary under G.S. 105-449.47. The amount of the penalty is one thousand dollars ($1,000) for each decal unlawfully obtained. Both the licensed motor carrier to whom the Secretary issued the decal and the motor carrier displaying the unlawfully obtained decal are jointly and severally liable for the penalty under this subdivision. Payment. - A penalty imposed under this section is payable to the agency that assessed the penalty. When a qualified motor vehicle is found to be operating without a license or a decal or with a decal the Secretary did not issue for the vehicle, the qualified motor vehicle may not be driven for a purpose other than to park it until the penalty imposed under this section is paid unless the officer that imposes the penalty determines that operating it will not jeopardize collection of the penalty. Penalty Reduction. - The Secretary may reduce or waive the penalty as provided under G.S. 105-449.119. History (1955, c. 823, s. 16; 1957, c. 948; 1973, c. 476, s. 193; 1975, c. 716, s. 5; 1981, c. 690, s. 18; 1983, c. 713, s. 60; 1991, c. 42, s. 14; 1991 (Reg. Sess., 1992), c. 913, s. 11; 1998-146, s. 2; 1999-337, s. 43; 2002-108, s. 4; 2004-170, s. 25; 2007-527, s. 16(a); 2008-134, ss. 8, 23; 2014-3, s. 9.8(a); 2017-204, s. 4.4(g).) Editor's Note. - Session Laws 2017-204, s. 4.9, provides in part: "The remainder of this part is effective when it becomes law [August 11, 2017] and applies to requests for review filed on or after that date and to requests for review pending on that date for which the Department reissues a request for additional information, allows the taxpayer time to respond by the requested response date, and provides notification to the taxpayer that failure to timely respond to the request will result in the request for review being subject to the provisions of G.S. 105-241.13 A." Session Laws 2017-204, s. 7.1, is a severability clause. Effect of Amendments. - Session Laws 2002-108, s. 4, effective January 1, 2003, rewrote the section heading and subsection (a). Session Laws 2004-170, s. 25, effective August 2, 2004, in subdivision (a)(1), substituted "either fails" for "does not" and "fails" for "does not"; and inserted "the Department of Crime Control and Public Safety," following "Department of Revenue" in the first sentence of the paragraph following subdivision (a)(3). Session Laws 2007-527, s. 16(a), effective August 31, 2007, redesignated the former second paragraph of subdivision (a)(3) as present subsection (a1); and in subsection (a1), added the subsection heading, and substituted "agency that assessed the penalty" for "Department of Revenue, the Department of Crime Control and Public Safety, or the Division of Motor Vehicles." Session Laws 2008-134, s. 8, effective July 28, 2008, in subsection (b), substituted "Review." for "Hearing." at the beginning, and substituted "reviewing a penalty" for "protesting a penalty." Session Laws 2008-134, s. 23, effective January 1, 2009, in subdivision (a)(1), substituted "a qualified motor vehicle" for "a motor vehicle" and "a decal" for "an identification marker"; in subdivision (a)(2), substituted "a decal" for "identification markers," "decal for which" for "identification marker," and "account" for "account for"; in subdivision (a)(3), substituted "a decal on a qualified" for "an identification marker on a," and substituted "decal" for "an identification marker" three times; and in subsection (a1), substituted "qualified motor vehicle" for "motor vehicle" twice, "a decal" for "an identification marker" twice, "park it until" for "park the motor vehicle until," and "operating it" for "operation of the motor vehicle." Session Laws 2014-3, s. 9.8(a), effective May 29, 2014, rewrote subsection (b). Session Laws 2017-204, s. 4.4(g), effective August 11, 2017, substituted "license" for "registration card" in subdivision (a)(1) and subsection (a1); and substituted "Penalty Reduction" for "Penalty" in the heading for subsection (b). For applicability, see editor's note. § 105-449.53: Repealed by Session Laws 1963, c. 1169, s. 6.