§ 20-39.1. Publicly owned vehicles to be marked; private license plates on publicly owned vehicles.
§ 20‑39.1. Publiclyowned vehicles to be marked; private license plates on publicly owned vehicles.
(a) Except as otherwiseprovided in this section, the executive head of every department of Stategovernment and every county, institution, or agency of the State shall markevery motor vehicle owned by the State, county, institution, or agency with astatement that the vehicle belongs to the State, county, institution, oragency. The requirements of this subsection are complied with if:
(1) The vehicle has imprintedon the license plate, above the license number, the words "StateOwned" and the vehicle has affixed to the front the words "StateOwned";
(2) In the case of acounty, the vehicle has painted or affixed on its side a circle not less thaneight inches in diameter showing a replica of the seal of the county; or
(3) In the case ofvehicles assigned to members of the Council of State, the vehicle has imprintedon the license plate the license number assigned to the appropriate member ofthe Council of State pursuant to G.S. 20‑79.5(a); a member of the Councilof State shall not be assessed any registration fee if the member elects tohave a State‑owned motor vehicle assigned to the member designated by theofficial plate number.
(b) A motor vehicleused by any State or county officer or official for transporting, apprehending,or arresting persons charged with violations of the laws of the United Statesor the laws of this State is not required to be marked as provided insubsection (a) of this section. The Commissioner may lawfully provide privatelicense plates to local, State, or federal departments or agencies for use onpublicly owned or leased vehicles used for those purposes. Private licenseplates issued under this subsection shall be issued on an annual basis and therecords of issuance shall be maintained in accordance with the provisions ofG.S. 20‑56.
(c) A motor vehicleused by a county for transporting day or residential facility clients of areamental health, developmental disabilities, and substance abuse authoritiesestablished under Article 4 of Chapter 122C of the General Statutes is notrequired to be marked as provided in subsection (a) of this section. TheCommissioner may lawfully provide private license plates to counties for use onpublicly owned or leased vehicles used for that purpose. Private license platesissued under this subsection shall be issued on an annual basis and the recordsof issuance shall be maintained in accordance with the provisions of G.S. 20‑56.
(d) For purposes ofthis section, the term "private license plate" refers to a licenseplate that would normally be issued to a private party and therefore lacks anymarkings indicating that it has been assigned to a publicly owned vehicle."Confidential" license plates are a specialized form of privatelicense plate for which a confidential registration has been authorized undersubsection (e) of this section. "Fictitious" license plates are aspecialized form of private license plate for which a fictitious registration hasbeen issued under subsection (f) or (g) of this section.
(e) Upon approval andrequest of the Director of the State Bureau of Investigation, the Commissionershall issue confidential license plates to local, State, or federal lawenforcement agencies, the Department of Crime Control and Public Safety, agentsof the Internal Revenue Service, and agents of the Department of Defense inaccordance with the provisions of this subsection. Applicants in thesecategories shall provide satisfactory evidence to the Director of the StateBureau of Investigation of the following:
(1) The confidentiallicense plate requested is to be used on a publicly owned or leased vehiclethat is primarily used for transporting, apprehending, or arresting personscharged with violations of the laws of the United States or the State of NorthCarolina;
(2) The use of aconfidential license plate is necessary to protect the personal safety of anofficer or for placement on a vehicle used primarily for surveillance orundercover operations; and
(3) The applicationcontains an original signature of the head of the requesting agency ordepartment or, in the case of a federal agency, the signature of the seniorranking officer for that agency in this State.
Confidential license platesissued under this subsection shall be issued on an annual basis and theDivision shall maintain a separate registration file for vehicles bearingconfidential license plates. That file shall be confidential for the use of theDivision and is not a public record within the meaning of Chapter 132 of theGeneral Statutes. Upon the annual renewal of the registration of a vehicle forwhich a confidential status has been established under this section, theregistration shall lose its confidential status unless the agency or departmentsupplies the Director of the State Bureau of Investigation with informationdemonstrating that an officer's personal safety remains at risk or that thevehicle is still primarily used for surveillance or undercover operations atthe time of renewal.
(f) The Commissionermay to the extent necessary provide law enforcement officers of the Division onspecial undercover assignments with motor vehicle operator's licenses and motorvehicle license plates under assumed names, using false or fictitiousaddresses. The Commissioner shall be responsible for the request for issuanceand use of such licenses and license plates, and may direct the immediatereturn of any license or license plate issued pursuant to this subsection.
(g) The Commissionermay, upon the request of the Director of the State Bureau of Investigation andto the extent necessary, lawfully provide local, State, and federal lawenforcement officers on special undercover assignments and to agents of theDepartment of Defense with motor vehicle drivers licenses and motor vehiclelicense plates under assumed names, using false or fictitious addresses.Fictitious license plates shall only be used on publicly owned or leasedvehicles. A request for fictitious licenses and license plates by a local,State or federal law enforcement agency or department or by the Department ofDefense shall be made in writing to the Director of the State Bureau ofInvestigation and shall contain an original signature of the head of therequesting agency or department or, in the case of a federal agency, thesignature of the senior ranking officer for that agency in this State.
Prior to the issuance of anyfictitious license or license plate, the Director of the State Bureau ofInvestigation shall make a specific written finding that the request isjustified and necessary. The Director shall maintain a record of all suchlicenses, license plates, assumed names, false or fictitious addresses, and lawenforcement officers using the licenses or license plates. That record shall beconfidential and is not a public record within the meaning of Chapter 132 ofthe General Statutes. The Director shall request the immediate return of anylicense or registration that is no longer necessary.
Licenses and license plates providedunder this subsection shall expire six months after initial issuance unless theDirector of the State Bureau of Investigation has approved an extension inwriting. The head of the local, State, or federal law enforcement agency or theDepartment of Defense shall be responsible for the use of the licenses andlicense plates and shall return them immediately to the Director forcancellation upon either (i) their expiration, (ii) request of the Director ofthe State Bureau of Investigation, or (iii) request of the Commissioner.Failure to return a license or license plate issued pursuant to this subsectionshall be punished as a Class 2 misdemeanor. At no time shall the number ofvalid licenses issued under this subsection exceed two hundred nor shall thenumber of valid license plates issued under this subsection exceed one hundredtwenty‑five unless the Director determines that exceptional circumstancesjustify exceeding those amounts. However, fictitious licenses and licenseplates issued to special agents of the State Bureau of Investigation, Statealcohol law enforcement agents, and the Department of Defense shall not becounted against the limitation on the total number of fictitious licenses andplates established by this subsection and shall be renewable annually.
(h) No private,confidential, or fictitious license plates issued under this section shall beused on privately owned vehicles under any circumstances.
(i) The Commissionershall administer the issuance of private plates for publicly owned vehiclesunder the provisions of this section to ensure strict compliance with thoseprovisions. The Division shall report to the Joint Legislative Commission onGovernmental Operations by January 1 and July 1 of each year on the totalnumber of private plates issued to each agency, and the total number offictitious licenses and plates issued by the Division. (2001‑424, s. 6.14(a);2001‑424, s. 6.14(b); 2001‑487, ss. 53, 54; 2003‑152, ss. 3,4; 2003‑284, ss. 6.5(a), (b); 2004‑124, s. 6.5(a), (b); 2005‑276,s. 6.18(a).)