§ 20-84.2. Definition; reciprocity; Commissioner's powers.
Part6A. Rental Vehicles.
§ 20‑84.2. Definition;reciprocity; Commissioner's powers.
(a) The term rentalvehicle when used herein shall mean and include any motor vehicle which isrented or leased to another by its owner for a period of not more than 30 dayssolely for the transportation of the lessee or the private hauling of thelessee's personal property.
(b) Rental vehiclesowned or operated by any nonresident person engaged in the business of leasingsuch vehicles for use in intrastate or interstate commerce shall be extendedfull reciprocity and exempted from registration fees only in instances where:
(1) Such person hasvalidly licensed all rental vehicles owned by him in the state wherein theowner actually resides; provided, that such state affords equal recognition,either in fact or in law to such vehicles licensed in the State of NorthCarolina and operating similarly within the owner's state of residence; andfurther provided, that such person is not engaged in this State in the businessof leasing rental vehicles; or where
(2) Such person operatesvehicles which are a part of a common fleet of vehicles which are easilyidentifiable as a part of such fleet and such person has validly licensed inthe State of North Carolina a percentage of the total number of vehicles ineach weight classification in such fleet which represents the percentage oftotal miles travelled in North Carolina by all vehicles in each weightclassification of such fleet to total miles travelled in all jurisdictions inwhich such fleet is operated by all vehicles in each weight classification ofsuch fleet.
(c) The Commissioner ofMotor Vehicles requires such person to submit under oath such information as isdeemed necessary for fairly administering this section. The Commissioner'sdetermination, after hearing, as to the number of vehicles in each weightclassification to be licensed in North Carolina shall be final.
Any person who licensesvehicles under subsection (b)(2) above shall keep and preserve for three yearsthe mileage records on which the percentage of the total fleet is determined.Upon request these records shall be submitted or made available to theCommissioner of Motor Vehicles for audit or review, or the owner or operatorshall pay reasonable costs of an audit by the duly appointed representative ofthe Commissioner at the place where the records are kept.
If the Commissioner determinesthat the person licensing vehicles under subsection (b)(2) above should havelicensed more vehicles in North Carolina or that such person's records areinsufficient for proper determination the Commissioner may deny that person theright or any further benefits under this subsection until the correct number ofvehicles have been licensed, and all taxes determined by the Commissioner to bedue have been paid.
(d) Upon payment by theowner of the prescribed fee, the Division shall issue registration certificatesand plates for the percentage of vehicles determined by the Commissioner.Thereafter, all rental vehicles properly identified and licensed in any state,territory, province, country or the District of Columbia, and belonging to suchowner, shall be permitted to operate in this State on an interstate orintrastate basis. (1959, c. 1066; 1971, c. 808; 1973, c. 1446, s. 23; 1975,c. 716, s. 5.)