North Carolina § 20-382 - 2. Penalty for failure to comply with registration or insurance verification requirements.

§ 20-382. 2. Penalty for failure to comply with registration or insurance verification requirements.

Acts. - A motor carrier who does any of the following is subject to a civil penalty of one thousand dollars ($1,000): Operates a for-hire motor vehicle in this State without registering its operations, as required by this Part. Repealed by Session Laws 2007-492, s. 4, effective August 30, 2007. Operates a for-hire motor vehicle in intrastate commerce in this State for which it has not verified it has insurance, as required by G.S. 20-382.1. Payment and Review. - When the Department of Public Safety finds that a for-hire motor vehicle is operated in this State in violation of the registration and insurance verification requirements of this Part, the Department must place the motor vehicle out of service until the motor carrier is in compliance and the penalty imposed under this section is paid unless the officer that imposes the penalty determines that operation of the motor vehicle will not jeopardize collection of the penalty. A motor carrier that denies liability for a penalty imposed under this section may pay the penalty under protest and follow the procedure in G.S. 20-178.1 for a departmental review of the penalty. Judicial Restriction. - A court of this State may not issue a restraining order or an injunction to restrain or enjoin the collection of a penalty imposed under this section or to permit the operation of a vehicle placed out of service under this section without payment of the penalty. Proceeds. - A penalty imposed under this section is payable to the Department of Transportation, Fiscal Section. The clear proceeds of all civil penalties assessed by the Department pursuant to this section, minus any fees paid as interest, filing fees, attorneys' fees, or other necessary costs of court associated with the defense of penalties imposed pursuant to this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. History (1993 (Reg. Sess., 1994), c. 621, s. 3; 1997-466, s. 3; 2002-159, s. 31.5(b); 2002-190, ss. 2, 3; 2005-64, s. 1; 2007-492, s. 4; 2009-376, ss. 2(b), 14; 2011-145, s. 19.1(g).) Editor's Note. - Session Laws 2002-190, s. 17, provides: "The Governor shall resolve any dispute between the Department of Transportation and the Department of Crime Control and Public Safety concerning the implementation of this act [Session Laws 2002-190]." Effect of Amendments. - Session Laws 2005-64, s. 1, effective May 26, 2005, substituted "shall be placed out of service until the motor carrier is in compliance and" for "may not be driven for a purpose other than to park the motor vehicle until" in subsection (b). Session Laws 2007-492, s. 4, effective August 30, 2007, deleted subdivision (a)(2), which read: "Operates a for-hire motor vehicle in interstate commerce in this State that does not carry a copy of either an insurance registration receipt issued to the motor carrier or a cab card with an identification stamp issued for the vehicle, as required by G.S. 20-382 ." Session Laws 2009-376, s. 14, effective July 31, 2009, rewrote subsection (d). Session Laws 2011-145, s. 19.1(g), effective January 1, 2012, substituted "Public Safety" for "Crime Control and Public Safety."