§ 20-382.2. Penalty for failure to comply with registration or insurance verification requirements.
§ 20‑382.2. Penalty forfailure to comply with registration or insurance verification requirements.
(a) Acts. A motorcarrier who does any of the following is subject to a civil penalty of onethousand dollars ($1,000):
(1) Operates a for‑hiremotor vehicle in this State without registering its operations, as required bythis Part.
(2) Repealed by SessionLaws 2007‑492, s. 4, effective August 30, 2007.
(3) Operates a for‑hiremotor vehicle in intrastate commerce in this State for which it has not verifiedit has insurance, as required by G.S. 20‑382.1.
(b) Payment and Review. When the Department of Crime Control and Public Safety finds that a for‑hiremotor vehicle is operated in this State in violation of the registration andinsurance verification requirements of this Part, the Department must place themotor vehicle out of service until the motor carrier is in compliance and thepenalty imposed under this section is paid unless the officer that imposes thepenalty determines that operation of the motor vehicle will not jeopardizecollection of the penalty. A motor carrier that denies liability for a penaltyimposed under this section may pay the penalty under protest and follow theprocedure in G.S. 20‑178.1 for a departmental review of the penalty.
(c) JudicialRestriction. A court of this State may not issue a restraining order or aninjunction to restrain or enjoin the collection of a penalty imposed under thissection or to permit the operation of a vehicle placed out of service underthis section without payment of the penalty.
(d) Proceeds. Apenalty imposed under this section is payable to the Department ofTransportation, Fiscal Section. The clear proceeds of all civil penaltiesassessed by the Department pursuant to this section, minus any fees paid asinterest, filing fees, attorneys' fees, or other necessary costs of courtassociated with the defense of penalties imposed pursuant to this section shallbe remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S.115C‑457.2. (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.)