§ 62-260. Exemptions from regulations.
§ 62‑260. Exemptions from regulations.
(a) Nothing in this Chapter shall be construed to includepersons and vehicles engaged in one or more of the following services by motorvehicle if not engaged at the time in the transportation of other passengers orother property by motor vehicle for compensation:
(1) Transportation of passengers or household goods for or underthe control of the State of North Carolina, or any political subdivisionthereof, or any board, department or commission of the State, or anyinstitution owned and supported by the State;
(2) Transportation of passengers by taxicabs when not carryingmore than fifteen passengers or transportation by other motor vehiclesperforming bona fide taxicab service and not carrying more than fifteen passengersin a single vehicle at the same time when such taxicab or other vehicleperforming bona fide taxicab service is not operated on a regular route orbetween termini; provided, no taxicab while operating over the regular route ofa common carrier outside of a municipality and a residential and commercialzone adjacent thereto, as such zone may be determined by the Commission asprovided in subdivision (8) of this subsection, shall solicit passengers alongsuch route, but nothing herein shall be construed to prohibit a taxicaboperator from picking up passengers along such route upon call, sign or signalfrom prospective passengers;
(3) Transportation by motor vehicles owned or operated by or onbehalf of hotels while used exclusively for the transportation of hotelpatronage between hotels and local railroad or other common carrier stations;
(4) Transportation of passengers to and from airports andpassenger airline terminals when such transportation is incidental totransportation by aircraft;
(5) Transportation of passengers by trolley buses operated byelectric power derived from a fixed overhead wire, furnishing local passengertransportation similar to street railway service;
(6) Transportation by motor vehicles used exclusively for thetransportation of passengers to or from religious services or transportation ofpupils and employees to and from private or parochial schools or transportationto and from functions for students and employees of private or parochialschools;
(7) Transportation of any bona fide employees to and from theirplace(s) of regular employment;
(8) Transportation of passengers when the movement is within amunicipality exclusively, or within contiguous municipalities and within aresidential and commercial zone adjacent to and a part of such municipality orcontiguous municipalities; provided, the Commission shall have power in itsdiscretion, in any particular case, to fix the limits of any such zone;
(9) through (17) Repealed by Session Laws 1995, c. 523, s. 16.
(18) Charter parties, as defined by this subdivision when suchcharter party is sponsored or organized by, and used by, any organized seniorcitizen group whose members are sixty (60) years of age or older. Such charterparty shall be subject to subsections (f) and (g) of this section."Charter party", for the purpose of this subdivision, means a groupof persons who, pursuant to a common purpose and under a single contract, andat a fixed charge for the vehicle, have acquired the exclusive use of apassenger‑carrying motor vehicle to travel together as a group from apoint of origin to a specified destination or for a particular itinerary,either agreed upon in advance or modified by the chartering group after havingleft the place of origin.
(b) The Commission shall have jurisdiction to fix rates ofcarriers of passengers operating as described in (5) and (8) of subsection (a)of this section in the manner provided in this Chapter, and shall havejurisdiction to hear and determine controversies with respect to extensions andservices, and the Commission's rules of practice shall include appropriateprovisions for bringing such controversies before the Commission and for thehearing and determination of the same; provided nothing in this paragraph shallinclude taxicabs.
(c) The Commission may conduct investigations to determinewhether any person purporting to operate under the exemption provisions of thissection is, in fact, so operating, and make such orders as it deems necessaryto enforce compliance with this section.
(d) The venue for any action commenced to enforce compliancewith the terms of this Article against any person purporting to operate underany of the exemptions provided in this section shall be in one of the countiesof the superior court district or set of districts as defined in G.S. 7A‑41.1wherein the violation is alleged to have taken place and such person shall beentitled to trial by jury.
(e) None of the provisions of this section nor any of theprovisions of this Chapter shall be construed so as to prohibit or regulate thetransportation of property by any motor carrier when the movement is within amunicipality or within contiguous municipalities and within a zone adjacent toand commercially a part of such municipality or contiguous municipalities, asdefined by the Commission. The Commission shall have the power in itsdiscretion, in any particular case, to fix the limits of any such zone. Nothingherein shall be construed as an abridgment of the police powers of anymunicipality over such operation wholly within any such municipality. Nothingin this Chapter shall be construed to prohibit or regulate the transportationof household effects of families from one residence to another by persons whodo not hold themselves out as being, and are not generally engaged in thebusiness of transporting such property for compensation.
(f) Notwithstanding the exemption for transportation ofpassengers and household goods provided under subsections (a) through (e) ofthis section, all motor carriers transporting passengers for compensation undersaid exemptions or under any special exemptions granted by the UtilitiesCommission under G.S. 62‑261 shall be subject to the same requirementsfor security for protection of the public as are established for regulatedmotor common carriers by the rules of the Utilities Commission pursuant to G.S.62‑268, and all such motor carriers transporting for hire under saidexemption provisions shall further be subject to the same requirements forsafety of operation of said motor vehicles as are required of regulated motorcommon carriers under the provisions of Chapter 20 and the regulations of theDivision adopted pursuant thereto. The Division is authorized to promulgaterules and regulations for the enforcement of said requirements in the case ofall such exempt operations, and the officers and agents of the Division shallhave full authority to inspect said exempt vehicles and to apply allenforcement regulations and penalties for violation of said securityregulations and safety regulations as in the case of regulated motor carriers.
(g) The owners of all motor vehicles used in any transportationfor compensation which is declared to be exempt under this section shallregister such operation with the Division of Motor Vehicles and shall securefrom the Division of Motor Vehicles a certificate of exemption. (1947, c. 1008, s. 4; 1949, c. 1132, s. 5; 1951, c.987, s. 1; 1953, c. 1140, s. 2; 1955, c. 1194, ss. 1, 2; 1959, c. 102, c. 639,s. 15; 1963, c. 1165, c. 1; 1967, cc. 1135, 1203; 1969, c. 681; 1971, cc. 856,1192; 1973, c. 175; 1977, c. 217; 1979, c. 204, s. 1; 1985, c. 454, ss. 9‑11;1987 (Reg. Sess., 1988), c. 1037, s. 94; 1995, c. 523, s. 16.)