North Carolina § 20-376 - Definitions.

§ 20-376. Definitions.

The following definitions apply in this Article: Federal safety and hazardous materials regulations. - The federal motor carrier safety regulations contained in 49 C.F.R. Parts 171 through 180, 382, and 390 through 398. Foreign commerce. - Commerce between any of the following: A place in the United States and a place in a foreign country. Places in the United States through any foreign country. Interstate commerce. - As defined in 49 C.F.R. Part 390.5. Interstate motor carrier. - Any person, firm, or corporation that operates or controls a commercial motor vehicle as defined in 49 C.F.R. § 390.5 in interstate commerce. Intrastate commerce. - As defined in 49 C.F.R. Part 390.5. Intrastate motor carrier. - Any person, firm, or corporation that operates or controls a motor vehicle in intrastate commerce when the vehicle: Is a vehicle having a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR) or gross vehicle weight (GVW) or gross combination weight (GCW) of 26,001 pounds or more, whichever is greater. Is designed or used to transport 16 or more passengers, including the driver. Is used in transporting a hazardous material in a quantity requiring placarding pursuant to 49 C.F.R. Parts 170 through 185. History (1985, c. 454, s. 1; 1993 (Reg. Sess., 1994), c. 621, s. 5; 1995 (Reg. Sess., 1996), c. 756, s. 20; 1997-456, s. 36; 1998-149, s. 11; 1999-452, s. 21; 2002-152, s. 3; 2010-129, s. 5.) Effect of Amendments. - Session Laws 2010-129, s. 5, effective October 1, 2010, and applicable to offenses committed on or after that date, in the introductory paragraph in subdivision (5), substituted "controls a motor vehicle in intrastate commerce when the vehicle:" for "controls a commercial motor vehicle as defined in G.S. 20-401 (3d) in intrastate commerce"; and added subdivisions (5)a. through (5)c. Opinions of Attorney General Privately Owned Buses Not Engaged in For-Hire Transportation of Passengers. - The Division of Motor Vehicles has no regulatory authority under Article 17, Chapter 20 of the North Carolina General Statutes (Motor Carrier Safety Regulations), over privately owned buses not engaged in for-hire transportation of passengers. See opinion of Attorney General to Mr. William S. Hiatt, Commissioner of Motor Vehicles, 58 N.C.A.G. 1 (Jan. 5, 1988). PART 2. AUTHORITY AND POWERS OF DEPARTMENT OF PUBLIC SAFETY.