§ 20-88. Property-hauling vehicles.
§ 20‑88. Property‑haulingvehicles.
(a) Determination ofWeight. For the purpose of licensing, the weight of self‑propelledproperty‑carrying vehicles shall be the empty weight and heaviest load tobe transported, as declared by the owner or operator; provided, that anydetermination of weight shall be made only in units of 1,000 pounds or majorfraction thereof, weights of over 500 pounds counted as 1,000 and weights of500 pounds or less disregarded. The declared gross weight of self‑propelledproperty‑carrying vehicles operated in conjunction with trailers orsemitrailers shall include the empty weight of the vehicles to be operated inthe combination and the heaviest load to be transported by such combination atany time during the registration period, except that the gross weight of atrailer or semitrailer is not required to be included when the operation is tobe in conjunction with a self‑propelled property‑carrying vehiclewhich is licensed for 6,000 pounds or less gross weight and the gross weight ofsuch combination does not exceed 9,000 pounds, except wreckers as defined underG.S. 20‑4.01(50). Those property‑hauling vehicles registered for4,000 pounds shall be permitted a tolerance of 500 pounds above the weightpermitted under the table of weights and rates appearing in subsection (b) ofthis section.
(b) The following feesare imposed on the annual registration of self‑propelled property‑haulingvehicles; the fees are based on the type of vehicle and its weight:
SCHEDULE OF WEIGHTS AND RATES
Rates Per Hundred Pound Gross Weight
FarmerRate
Not over 4,000 pounds $0.29
4,001 to 9,000 pounds inclusive .40
9,001 to 13,000 pounds inclusive .50
13,001 to 17,000 pounds inclusive .68
Over 17,000 pounds .77
Rates Per Hundred Pound Gross Weight
GeneralRate
Not over 4,000 pounds $0.59
4,001 to 9,000 pounds inclusive .81
9,001 to 13,000 pounds inclusive 1.00
13,001 to 17,000 pounds inclusive 1.36
Over 17,000 pounds 1.54
(1) The minimum fee fora vehicle licensed under this subsection is twenty‑four dollars ($24.00)at the farmer rate and twenty‑eight dollars ($28.00) at the general rate.
(2) The term"farmer" as used in this subsection means any person engaged in theraising and growing of farm products on a farm in North Carolina not less than10 acres in area, and who does not engage in the business of buying productsfor resale.
(3) License platesissued at the farmer rate shall be placed upon trucks and truck‑tractorsthat are operated for the primary purpose of carrying or transporting theapplicant's farm products, raised or produced on the applicant's farm, and farmsupplies. The license plates shall not be used on a vehicle operated in haulingfor hire.
(4) "Farmproducts" means any food crop, livestock, poultry, dairy products, flowerbulbs, or other nursery products and other agricultural products designed to beused for food purposes, including in the term "farm products" alsocotton, tobacco, logs, bark, pulpwood, tannic acid wood and other forestproducts grown, produced, or processed by the farmer.
(5) The Division shallissue necessary rules and regulations providing for the recall, transfer,exchange or cancellation of "farmer" plates, when vehicle bearingsuch plates shall be sold or transferred.
(5a) Notwithstanding anyother provision of this Chapter, license plates issued pursuant to thissubsection at the farmer rate may be purchased for any three‑month periodat one fourth of the annual fee.
(6) There shall be paidto the Division annually the following fees for "wreckers" as definedunder G.S. 20‑4.01(50): a wrecker fully equipped weighing 7,000 pounds orless, seventy‑five dollars ($75.00); wreckers weighing in excess of 7,000pounds shall pay one hundred forty‑eight dollars ($148.00). Fees to beprorated monthly. Provided, further, that nothing herein shall prohibit alicensed dealer from using a dealer's license plate to tow a vehicle for acustomer.
(c) The fee for asemitrailer or trailer is nineteen dollars ($19.00) for each year or part of ayear. The fee is payable each year. Upon the application of the owner of asemitrailer or trailer, the Division may issue a multiyear plate andregistration card for the semitrailer or trailer for a fee of seventy‑fivedollars ($75.00). A multiyear plate and registration card for a semitrailer ortrailer are valid until the owner transfers the semitrailer or trailer toanother person or surrenders the plate and registration card to the Division. Amultiyear plate may not be transferred to another vehicle.
The Division shall issue amultiyear semitrailer or trailer plate in a different color than an annualsemitrailer or trailer plate and shall include the word "multiyear"on the plate. The Division may not issue a multiyear plate for a house trailer.
(d) Rates on trucks,trailers and semitrailers wholly or partially equipped with solid tires shallbe double the above schedule.
(e) Repealed by SessionLaws 1981, c. 976, s. 6.
(f) Repealed bySession Laws 1995, c. 163, s. 6.
(g) Repealed by SessionLaws 1969, c. 600, s. 17.
(h) Repealed by SessionLaws 1979, c. 419.
(i) Any vehicle feedetermined under this section according to the weight of the vehicle shall beincreased by the sum of three dollars ($3.00) to arrive at the total fee.
(j) No heavy vehiclesubject to the use tax imposed by Section 4481 of the Internal Revenue Code of1954 (26 U.S.C. 4481) may be registered or licensed pursuant to G.S. 20‑88without proof of payment of the use tax imposed by that law. The proof ofpayment shall be on a form prescribed by the United States Secretary ofTreasury pursuant to the provisions of 23 U.S.C. 141(d).
(k) A person may notdrive a vehicle on a highway if the vehicle's gross weight exceeds its declaredgross weight. A vehicle driven in violation of this subsection is subject tothe axle‑group weight penalties set in G.S. 20‑118(e). Thepenalties apply to the amount by which the vehicle's gross weight exceeds itsdeclared weight.
(l) The Division shallissue permanent truck and truck‑tractor plates to Class A and Class BMotor Vehicles and shall include the word "permanent" on the plate.The permanent registration plates issued pursuant to this section shall besubject to annual registration fees set in this section. The Division shallissue the necessary rules providing for the recall, transfer, exchange, orcancellation of permanent plates issued pursuant to this section. (1937, c. 407, s. 52; 1939,c. 275; 1941, cc. 36, 227; 1943, c. 648; 1945, c. 569, s. 1; c. 575, s. 1; c.576, s. 3; c. 956, ss. 1, 2; 1949, cc. 355, 361; 1951, c. 583; c. 819, ss. 1,2; 1953, c. 568; c. 694, s. 1; c. 1122; 1955, c. 554, s. 8; 1957, c. 681, s. 2;c. 1215; 1959, c. 571; 1961, c. 685; 1963, c. 501; c. 702, ss. 2, 3; 1967, c.1095, ss. 1, 2; 1969, c. 600, ss. 12‑17; c. 1056, s. 1; 1973, c. 154, ss.1, 2; c. 291; 1975, c. 716, s. 5; 1977, c. 638; 1979, c. 419; c. 631; 1981, c.67; c. 690, ss. 29, 30; c. 976, s. 6; 1983, c. 43; c. 190, s. 1; c. 761, s.144; c. 768, s. 4; 1991 (Reg. Sess., 1992), c. 947, s. 1; 1993, c. 467, s. 4;c. 543, s. 1; 1995, c. 109, s. 1; c. 163, s. 6; 1995 (Reg. Sess., 1996), c.756, s. 8; 1997‑466, s. 1; 2004‑167, ss. 6, 7; 2004‑199, s.59; 2005‑276, s. 44.1(n); 2008‑221, s. 2.)