North Carolina § 20-280 - 3. Permits.

§ 20-280. 3. Permits.

Every transportation network company must obtain a permit from the Division before operating in the State. Every transportation network company must pay to the Division a nonrefundable application fee of five thousand dollars ($5,000). Every transportation network company must renew the permit annually and pay to the Division a nonrefundable renewal fee of five thousand dollars ($5,000). The Division must prescribe the form of the application for a permit and renewal of a permit. The initial application and renewal application must require information sufficient to confirm compliance with this Article and include the following: Proof of insurance meeting the requirements of G.S. 20-280.4. This subdivision does not apply to brokering transportation network companies. Resident agent for service of process. Proof the transportation network company is registered with the Secretary of State to do business in the State if the transportation network company is a foreign corporation. Policy of nondiscrimination based on customers' geographic departure point or destination. Policy of nondiscrimination based on customers' race, color, national origin, religious belief or affiliation, sex, disability, or age. The Division may retain the fees collected under this section and use the funds for its operations. History (2015-237, s. 1.) Editor's Note. - Section Laws 2015-237, s. 7 made this section effective October 1, 2015. Session Laws 2020-3, s. 4.7(a)-(h), as amended by Session Laws 2020-97, ss. 3.15(a), 3.16(a), provides: "(a) Definition. - For purposes of this section, 'credential' means any of the following issued by the Division of Motor Vehicles: "(1) Drivers license. "(2) Learner's permit. "(3) Limited learner's permit. "(4) Limited provisional license. "(5) Full provisional license. "(6) Commercial drivers license. "(7) Commercial learner's permit. "(8) Temporary driving certificate. "(9) Special identification card. "(10) Handicapped placard. "(11) Vehicle registration. "(12) Temporary vehicle registration. "(13) Dealer license plate. "(14) Transporter plate. "(15) Loaner/Dealer 'LD' plate. "(16) Vehicle inspection authorization. "(17) Inspection station license. "(18) Inspection mechanic license. "(19) Transportation network company permit. "(20) Motor vehicle dealer license. "(21) Sales representative license. "(22) Manufacturer license. "(23) Distributor license. "(24) Wholesaler license. "(25) Driver training school license. "(26) Driver training school instructor license. "(27) Professional housemoving license. "(b) Extend Validity of Credentials. - Notwithstanding renewal, duration, or expiration provisions of G.S. 20-7 , 20-11, 20-37.6, 20-37.7, 20-37.13, 20-50, 20-66, 20-79, 20-79.02, 20-79.2, 20-183.4B, 20-183.4D, 20-280.3, 20-288, 20-324, and 20-359, or any other provision of law to the contrary, the Division of Motor Vehicles shall extend for a period of five months the validity of any credential that expires on or after March 1, 2020, and before August 1, 2020. The Division shall extend for a period of five months the validity of any credential listed in subdivisions (6), (7), (9), (10), and (18) of subsection (a) of this section that expires on or after March 1, 2020, and before the date 30 days after the date the Governor (i) rescinds Executive Order No. 116 or (ii) issues another executive order lifting restrictions on Division of Motor Vehicles functions. Notwithstanding G.S. 20-37.13 (h) and G.S. 20-37.13 A(a), the Division of Motor Vehicles is authorized to waive the requirement that commercial drivers license and commercial learner's permit holders have a medical examination and certification, as required by federal law, consistent with any waiver of medical qualifications standards issued by the Federal Motor Carrier Safety Administration. A credential extended under this section shall expire five months from the date it otherwise expires as prescribed by law prior to this section. However, the subsequent expiration of a credential extended under this section shall occur on the date prescribed by law prior to this section without regard to the extension. The Division shall notify individuals affected by an extension granted under this section, including information on new expiration dates and how the extension affects subsequent renewal and expiration dates. "(b1) Extension of Intrastate Medical Waivers. - Notwithstanding the limitation on duration of waivers in G.S. 20-37.13 A(b), the Division of Motor Vehicles may extend for up to five months the validity of a medical waiver issued by the Division under G.S. 20-37.13 A if the waiver expires on or after March 1, 2020, and before the date 30 days after the date the Governor (i) rescinds Executive Order No. 116 or (ii) issues another executive order lifting restrictions on Division of Motor Vehicles functions, and the Division's Medical Review Unit determines the extension is appropriate. "(c) Driving Eligibility Certificates. - Notwithstanding G.S. 20-11 (n)(3), a driving eligibility certificate dated on or after February 9, 2020, and before March 10, 2020, remains valid and may be accepted by the Division of Motor Vehicles to meet the requirements for a license or permit issued under G.S. 20-11 until 30 days after the date the Governor rescinds Executive Order No. 116 or the date the Division reopens all drivers license offices, whichever is earlier. "(d) Waive Penalties. - Notwithstanding any provision of law to the contrary, the Division shall waive any fines, fees, or penalties associated with failing to renew a credential during the period of time the credential is valid by extension under subsection (b) of this section. "(e) Motor Vehicle Taxes. - Notwithstanding any provision of law to the contrary, due dates for motor vehicle taxes that are tied to registration expiration under Article 22A of Chapter 105 of the General Statutes shall be extended to correspond with extended expiration dates under subsection (b) of this section. "(f) Validity by Extension a Defense. - A person may not be convicted or found responsible for any offense resulting from failure to renew a credential issued by the Division if, when tried for that offense, the person shows that the offense occurred during the period of time the credential is valid by extension under subsection (b) of this section. "(g) Report. - Within 30 days of the extensions made under subsection (b) of this section, the Division shall submit a report to the Joint Legislative Transportation Oversight Committee and the Fiscal Research Division detailing implementation of this section. "(h) Effective Date. - This section is effective retroactively to March 1, 2020, and applies to expirations occurring on or after that date." Session Laws 2020-3, s. 5, is a severability clause. Session Laws 2020-97, s. 4.5, is a severability clause.