§ 105-449.52. (Effective until January 1, 2009) Civil penalties applicable to motor carriers. - North Carolina Statutes - USA Laws Searching

Statutes > North Carolina Statutes > Chapter 105 - Taxation. > § 105-449.52. (Effective until January 1, 2009) Civil penalties applicable to motor carriers.

§ 105-449.52. (Effective until January 1, 2009) Civil penalties applicable to motor carriers.

§ 105‑449.52. (Effective until January 1, 2009) Civil penalties applicable to motor carriers.

(a)        Penalty. – A motorcarrier who does any of the following is subject to a civil penalty:

(1)        Operates in thisState or causes to be operated in this State a motor vehicle that either failsto carry the registration card required by this Article or fails to display anidentification marker in accordance with this Article. The amount of thepenalty is one hundred dollars ($100.00).

(2)        Is unable to accountfor identification markers the Secretary issues the motor carrier, as requiredby G.S. 105‑449.47. The amount of the penalty is one hundred dollars($100.00) for each identification marker the carrier is unable to account for.

(3)        Displays anidentification marker on a motor vehicle operated by a motor carrier that wasnot issued to the carrier by the Secretary under G.S. 105‑449.47. Theamount of the penalty is one thousand dollars ($1,000) for each identificationmarker unlawfully obtained. Both the licensed motor carrier to whom theSecretary issued the identification marker and the motor carrier displaying theunlawfully obtained identification marker are jointly and severally liable forthe penalty under this subdivision.

(a1)      Payment. – A penaltyimposed under this section is payable to the agency that assessed the penalty.When a motor vehicle is found to be operating without a registration card or anidentification marker or with an identification marker the Secretary did notissue for the vehicle, the motor vehicle may not be driven for a purpose otherthan to park the motor vehicle until the penalty imposed under this section ispaid unless the officer that imposes the penalty determines that operation ofthe motor vehicle will not jeopardize collection of the penalty.

(b)        Review. – Theprocedure set out in G.S. 105‑449.119 for reviewing a penalty imposedunder Article 36C, Part 6, of this Chapter applies to a penalty imposed underthis section.  (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, s. 8.)

§ 105‑449.52. (Effective January 1, 2009) Civil penalties applicable to motor carriers.

(a)        Penalty. – A motorcarrier who does any of the following is subject to a civil penalty:

(1)        Operates in thisState or causes to be operated in this State a qualified motor vehicle thateither fails to carry the registration card required by this Article or failsto display a decal in accordance with this Article. The amount of the penaltyis one hundred dollars ($100.00).

(2)        Is unable to accountfor 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 forwhich the carrier is unable to account.

(3)        Displays a decal ona qualified motor vehicle operated by a motor carrier that was not issued tothe carrier by the Secretary under G.S. 105‑449.47. The amount of thepenalty is one thousand dollars ($1,000) for each decal unlawfully obtained.Both the licensed motor carrier to whom the Secretary issued the decal and themotor carrier displaying the unlawfully obtained decal are jointly andseverally liable for the penalty under this subdivision.

(a1)      Payment. – A penaltyimposed under this section is payable to the agency that assessed the penalty.When a qualified motor vehicle is found to be operating without a registrationcard 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 parkit until the penalty imposed under this section is paid unless the officer thatimposes the penalty determines that operating it will not jeopardize collectionof the penalty.

(b)        Review. – Theprocedure set out in G.S. 105‑449.119 for reviewing a penalty imposedunder Article 36C, Part 6, of this Chapter applies to a penalty imposed underthis section.  (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.)