§ 20-62.1. Purchase of vehicles for purposes of scrap or parts only.
§ 20‑62.1. Purchase ofvehicles for purposes of scrap or parts only.
(a) Records for Scrapor Parts. A secondary metals recycler, as defined in G.S. 66‑11(a)(3),and a salvage yard, as defined in G.S. 20‑137.7(6), purchasing motorvehicles solely for the purposes of dismantling or wrecking such motor vehiclesfor the recovery of scrap metal or for the sale of parts only, must comply withthe provision of G.S. 20‑61, provided, however, that a secondary metalsrecycler or salvage yard may purchase a motor vehicle without a certificate oftitle, if the motor vehicle is 10 model years old or older and the secondarymetals recycler or salvage yard comply with the following requirements:
(1) Maintain a record ofall purchase transactions of motor vehicles. The following information shall bemaintained for transactions of motor vehicles:
a. The name and addressof the secondary metals recycler or salvage yard.
b. The name, initials,or other identification of the individual entering the information.
c. The date of thetransaction.
d. A description of themotor vehicle, including the make and model to the extent practicable.
e. The vehicleidentification number (VIN) of the vehicle.
f. The amount ofconsideration given for the motor vehicle.
g. A written statement signedby the seller or the seller's agent certifying that the seller or the seller'sagent has the lawful right to sell and dispose of the motor vehicle.
h. The name and addressof the person from whom the motor vehicle is being purchased.
i. A photocopy orelectronic scan of a valid drivers license or identification card issued by theDivision of Motor Vehicles of the seller of the motor vehicle, or seller'sagent, to the secondary metals recycler or salvage yard, or in lieu thereof,any other identification card containing a photograph of the seller as issuedby any state or federal agency of the United States: provided, that if thebuyer has a copy of the seller's photo identification on file, the buyer mayreference the identification that is on file, without making a separatephotocopy for each transaction. If seller has no identification as described inthis sub‑subdivision, the secondary metals recycler or salvage yard shallnot complete the transaction.
(2) Maintain theinformation required under subdivision (1) of this subsection for not less thantwo years from the date of the purchase of the motor vehicle.
(b) Inspection of MotorVehicles and Records. At any time it appears a secondary metals recycler,salvage yard, or any other person involved in secondary metals operations isopen for business, a law enforcement officer shall have the right to inspectthe following:
(1) Any and all motorvehicles in the possession of the secondary metals recycler, the salvage yard,or any other person involved in secondary metals operations.
(2) Any records requiredto be maintained under subsection (a) of this section.
(c) Violations. Anyperson who knowingly and willfully violates any of the provisions of thissection, or any person who falsifies the statement required under subsection(a)(1)g. of this section, shall be guilty of a Class 1 misdemeanor for a firstoffense. A second or subsequent violation of this section is a Class I felony.The court may order a defendant seller under this subsection to make restitutionto the secondary metals recycler or salvage yard for any damage or loss causedby the defendant seller arising out of an offense committed by the defendantseller.
(d) Confiscation ofVehicle or Tools Used in Illegal Sale. Any motor vehicle used to transportanother motor vehicle illegally sold under this section may be seized by lawenforcement and is subject to forfeiture by the court, provided, however, thatno vehicle used by any person in the transaction of a sale of regulated metalsis subject to forfeiture unless it appears that the owner or other person incharge of the motor vehicle is a consenting party or privy to the commission ofa crime, and a forfeiture of the vehicle encumbered by a bona fide securityinterest is subject to the interest of the secured party who had no knowledgeof or consented to the act.
Whenever property is forfeitedunder this subsection by order of the court, the law enforcement agency havingcustody of the property shall sell any forfeited property which is not requiredto be destroyed by law and which is not harmful to the public, provided thatthe proceeds are remitted to the Civil Fines and Forfeitures Fund establishedpursuant to G.S. 115C‑457.1.
(e) Exemptions. Asused in this section, the term "motor vehicle" shall not includemotor vehicles which have been mechanically flattened, crushed, baled, orlogged and sold for purposes of scrap metal only.
(f) Preemption. Nolocal government shall enact any local law or ordinance with regards to theregulation of the sale of motor vehicles to secondary metals recyclers orsalvage yards. (2007‑505,s. 1.)