North Carolina Administrative Code

19A NCAC 03C .0434 VAN POOL LICENSE PLATE REGISTRATION History Note: Authority G.S. 20-39; 20-87; Eff. March 1, 1982; Repealed Eff. August 1, 1982.

19A NCAC 03C .0435 MILITARY RESERVE PLATES History Note: Authority G.S. 20-39; 20-79.4(16); Eff. December 1, 1984; Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03C .0436 HIGHWAY USE TAX History Note: Authority G.S. 20-39; 105-187.3; Eff. November 1, 1991; Amended Eff. January 1, 1994; Repealed Eff. June 1, 2021.

SECTION .0500 - MOTOR VEHICLES OPERATED FOR HIRE 19A NCAC 03C .0501 FOR HIRE OPERATIONS A carrier seeking a for-hire license shall meet any applicable requirements of city boards in accordance with G.S. 160A-304, the North Carolina Utilities Commission in accordance with G.S. 62-…

19A NCAC 03C .0520 FOR HIRE OPERATIONS DEFINED History Note: Authority G.S. 20-4.01; 20-39; 62-3; 62-276; Eff. March 1, 1982; Amended Eff. December 1, 1993; Repealed Eff. June 1, 2021.

19A NCAC 03C .0521 TAXICAB (a) Taxis operating more than five miles outside an incorporated city or town shall certify via affidavit on form MVR-320 that they are outside the corporate limits and are exempt from local requirements. (b) Form MVR-320 shall include the following: (1…

SECTION .0600 - INTERNATIONAL REGISTRATION PLAN 19A NCAC 03C .0601 GENERAL INFORMATION History Note: Authority G.S. 20-86.1; 20-91; Eff. March 1, 1982; Repealed Eff. November 1, 1991.

19A NCAC 03C .0602 OBTAINING I.R.P. MANUAL AND SCHEDULE FORMS History Note: Authority G.S. 20-86.1; 20-91; Eff. February 1, 1982; Repealed Eff. November 1, 1991.

19A NCAC 03C .0603 REGISTRATION UNDER THE INTERNATIONAL REGISTRATION PLAN History Note: Authority G.S. 20-86.1; 20-91; Eff. March 1, 1982; Repealed Eff. November 1, 1991.

SUBCHAPTER 03D - ENFORCEMENT SECTION SECTION .0100 - GENERAL INFORMATION 19A NCAC 03D .0101 PURPOSE This Subchapter establishes rules for and provides information on the following: (1) motor vehicle dealer sales, distributor and factory representative license; (2) motor vehicle t…

19A NCAC 03D .0102 FORMS AND PUBLICATIONS History Note: Authority G.S. 20-1; Eff. July 1, 1978; Amended Eff. January 1, 1994; February 1, 1982; April 11, 1980; Repealed Eff. September 1, 2021.

SECTION .0200 - MOTOR VEHICLE DEALER, SALES, DISTRIBUTOR AND FACTORY REPRESENTATIVE LICENSE 19A NCAC 03D .0201 REQUIREMENT FOR LICENSE History Note: Authority G.S. 20-1; 20-52.1; 20-75; 20-79; 20-82; 20-286(6) and (15); 20-287; 20-288; 20-290(a); 20-291; 20-294 through 20-296; 20…

19A NCAC 03D .0202 DEALER AND MANUFACTURERS' PLATES AND TEMPORARY MARKERS History Note: Authority G.S. 20-1; 20-39; 20-57; 20-68; 20-79; 20-79.1; Eff. July 1, 1978; Amended Eff. April 11, 1980; Repealed Eff. March 1, 1982.

19A NCAC 03D .0213 RENEWAL OF DEALER PLATES History Note: Authority G.S. 20-39; 20-66; 20-79; Eff. August 1, 1982; Repealed Eff. June 1, 1988.

19A NCAC 03D .0214 CORP. SURETY BONDS: MOBILE/MANUFACTURED HOME DEALERS History Note: Authority G.S. 20-39; 20-288(e); Eff. December 1, 1982; Repealed Eff. June 1, 1988.

19A NCAC 03D .0215 ELIGIBILITY FOR LICENSING Any person, firm or corporation who upon proper application meets the qualifications and requirements set out in Article 12 of Chapter 20 of the North Carolina General Statutes, G.S. 20-79 and rules contained in Title 19A, Subchapter 0…

19A NCAC 03D .0216 DEFINITIONS (a) Statutory Definitions: Definitions for words and phrases used in this Section and not defined in subsection (b) shall be the same as the definitions appearing in G.S. 20-286 and G.S. 20-4.01. (b) Administrative Definitions: The following words a…

19A NCAC 03D .0217 APPLICATION FOR LICENSE (a) Applications for all licenses required by the Motor Vehicle Dealers and Manufacturers Licensing Law shall be made on forms furnished by the Division and signed by the Owner, partner or proper officer of a corporation and filed with t…

19A NCAC 03D .0218 DESCRIPTION OF LICENSE (a) Every license issued to a dealer, manufacturer, factory branch, distributor, distributor branch, or wholesaler must show the name of the business, location, license number and expiration of license. (b) Every license issued to a sales…

19A NCAC 03D .0219 BUSINESS RECORDS (a) All motor vehicle dealers, manufacturers, factory branches, distributors, distributor branches and wholesalers shall keep a record for at least four years of all vehicles manufactured, received, sold, traded or junked. In addition, a copy o…

19A NCAC 03D .0220 INSPECTION AND INVESTIGATION (a) The Division may make periodic inspections of premises and records of licensee. (b) All bona fide complaints received in writing by the Commissioner about any person, firm or corporation licensed under Article 12 of Chapter 20 s…

19A NCAC 03D .0221 CONDITIONS FOR ISSUING TEMPORARY MARKERS BY A DEALER (a) A dealer shall meet the following conditions before issuing a temporary marker: (1) The dealer has passed ownership to the purchaser by: (A) either assigning the title or Manufacturer's Certificate of Ori…

19A NCAC 03D .0222 DEALER'S DELIVERY/PURCHASER'S APPL: REGISTRATION History Note: Authority G.S. 20-39; 20-79.1; Eff. June 1, 1988; Repealed Eff. October 1, 1989.

19A NCAC 03D .0223 DEALER PLATES (a) The Application for Dealer Plates Form VS-405 for dealer plates shall be signed by the owner, partner, or officer of the corporation. (b) Form VS-405 shall include: (1) license number and expiration date; (2) number of dealer plates noted on V…

19A NCAC 03D .0224 ILLEGAL USE OF DEALER PLATES (a) A dealer shall only use dealer plates in accordance with the requirements of G.S. 20-79(d). (b) Parts trucks used in delivering parts to other sales outlets may use dealer plates only if the sale of parts is incident to the deal…

19A NCAC 03D .0225 VEHICLES OFFERED FOR SALE OWNED BY DEALERSHIP (a) No vehicle shall be sold or offered for sale or trade by any motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch, or wholesaler until it has in its possession a certificate of tit…

19A NCAC 03D .0226 VEHICLES OFFERED FOR SALE ON CONSIGNMENT (a) Any dealer offering a vehicle for sale that is on consignment from a manufacturer, distributor, factory branch, distributor branch, wholesaler, or individual shall have in his possession a consignment contract for ea…

19A NCAC 03D .0227 VEHICLES OFFERED FOR SALE ON A FLOOR PLAN LIEN (a) A "floor plan "lien" is a revolving line of credit in which a superior financial interest in a vehicle is held by a party other than the dealer. (b) A dealer offering a vehicle subject to a floor plan lien for …

19A NCAC 03D .0228 BILL OF SALE, ODOMETER STATEMENT - WRITTEN DOCUMENTATION (a) Bill of Sale - Every motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch or wholesaler at the time of sale or trade shall provide to the buyer in writing the applicable…

19A NCAC 03D .0229 CORP. SURETY BONDS: MOBILE MANUFACTURED HOME DEALERS A person, business or entity who is engaged in the business of selling mobile or manufactured home, as defined in G.S. 143-143.9, and who also sells motor vehicles in connection to this business, shall either…

19A NCAC 03D .0230 SUSPENSION: REVOCATION AND RENEWAL REFUSED (a) Suspension: Any person, firm or corporation whose license is suspended shall: (1) Surrender all licenses and license plates (dealer, manufacturer or temporary marker) to the Division and not engage in the business …

19A NCAC 03D .0231 HEARINGS PURSUANT TO ARTICLES 12 AND 15 OF CHAPTER 20 (a) The following shall be applicable to hearings requested under G.S. 20-296: (1) No license issued under this Article shall be suspended, revoked or renewal refused until a hearing has been held before the…

19A NCAC 03D .0232 CIVIL PENALTY SCHEDULE FOR NON-LICENSED MOTOR VEHICLE DEALERS The civil penalty schedule established in this Rule shall apply to a person acting as a dealer who has not obtained a license pursuant to Article 12 of the Motor Vehicle dealers and Manufacturers Lic…

19A NCAC 03D .0233 CIVIL PENALTY SCHEDULE FOR LICENSED MOTOR VEHICLE DEALERS The civil penalty schedule established in this Rule applies to motor vehicle dealers, motor vehicle sales representatives, manufacturers, factory branches, factory representatives, distributors, represen…

19A NCAC 03D .0234 TYPE I OR SERIOUS VIOLATIONS The Division of Motor Vehicles shall apply the Civil Penalty Schedule for Type I Violations against a licensed automobile dealer for any of the following: (1) Failing to deliver manufacturer's certificate at time of transfer as requ…

19A NCAC 03D .0235 TYPE II MODERATE OR LESS SERIOUS VIOLATIONS The Division of Motor Vehicles shall apply the Civil Penalty Schedule for Type II Violations against a licensed automobile dealer for any of the following: (1) Failing to maintain in full force and effect a corporate …

19A NCAC 03D .0236 TYPE III MINOR VIOLATIONS The Division of Motor Vehicles shall apply the Civil Penalty Schedule for Type III Violations against a licensed automobile dealer for any of the following: (1) Failure of licensed dealer to keep a current list of licensed salespeople …

SECTION .0300 - MOTOR VEHICLE THEFTS 19A NCAC 03D .0301 STOLEN MOTOR VEHICLES When a vehicle is reported stolen, the Division takes the necessary action to stop the title for the vehicle from being transferred except to the insurance company when the theft claim has been settled.…

19A NCAC 03D .0302 RECOVERED MOTOR VEHICLES (a) The Division's files are marked to indicate a recovered vehicle as soon as the report is received. (b) The owner and lien holder (if any) are notified when a report of a recovered vehicle is received, except when the Division learns…

SECTION .0400 - NOTICE OF SALE AND STORED VEHICLES 19A NCAC 03D .0401 STORED VEHICLE A written or a computer-generated report must be filed with the Enforcement Section by law enforcement officers of all vehicles reported to them as abandoned and of all vehicles stored for illega…

19A NCAC 03D .0402 UNCLAIMED MOTOR VEHICLE (a) To report an unclaimed vehicle pursuant to G.S. 20-77(d), a business operator or landowner shall submit a Report of Unclaimed Motor Vehicle Form to the License and Theft Bureau. (b) Report of Unclaimed Motor Vehicle Forms are availab…

19A NCAC 03D .0403 SALE OF VEHICLE TO SATISFY GARAGE STORAGE OR MECHANIC LIEN If a vehicle remains unclaimed following the submission of an Unclaimed Vehicle report as set forth in Rule .0402 of this Section and the expiration of time set forth in G.S. 44A-4(a), a person wishing …

19A NCAC 03D .0404 SALE OF MOTOR VEHICLE UNDER JUDICIAL PROCEEDINGS History Note: Authority G.S. 20-2; 20-39; 20-114(c); Eff. July 1, 1978; Amended Eff. October 1, 1991; February 1, 1982; Repealed Eff. September 1, 2021.

19A NCAC 03D .0405 SALE OF ABANDONED VEHICLE A city, county, or law enforcement agency selling an abandoned vehicle as a result of a city or county ordinance on file with the License and Theft Bureau shall give notice to the Bureau at https://connect.ncdot.gov/business/DMV/Pages/…

SECTION .0500 - GENERAL INFORMATION REGARDING SAFETY INSPECTION OF MOTOR VEHICLES 19A NCAC 03D .0501 GENERAL INFORMATION History Note: Authority G. S. 20-1; 20-117.1(a); 20-122; 20-122.1; 20-123.1; 20-124; 20-125; 20-125.1; 20-126; 20-127; 20-128; 20-128.1; 20-129; 20-129.1; 20-1…

19A NCAC 03D .0515 SAFETY INSPECTION LICENSING AND PROCEDURES History Note: Authority G.S. 20-1; 20-117.1(a); 20-122; 20-122.1; 20-123.1; 20-124; 20-125; 20-125.1; 20-126; 20-127; 20-128; 20-128.1; 20-129; 20-129.1; 20-130; 20-130.1; 20-130.2; 20-130.3; 20-131 through 20-134; 20-…

19A NCAC 03D .0516 SAFETY INSPECTION LICENSING AND PROCEDURES History Note: Filed as a Temporary Adoption Eff. April 25, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner; Authority G.S. 20-2; 20-39; 20-183.8; Codifier of Rules Objec…

19A NCAC 03D .0517 DEFINITIONS For purposes of this Section and Article 3A of Chapter 20 of the North Carolina General Statutes, these words and phrases shall have the following meanings, except in those instances where the context indicates a different meaning: (1) Abbreviations…

19A NCAC 03D .0518 LICENSING OF SAFETY OR EMISSIONS INSPECTION STATIONS (a) An application for licensing as a Safety Equipment or Safety Equipment Emissions Inspection Station shall be made on forms furnished by the Division of Motor Vehicles and filed with the License and Theft …

19A NCAC 03D .0519 STATIONS (a) Licensed safety inspection and emissions inspection stations shall keep the area where vehicles are inspected and the area where inspection records are kept, as required by G.S. 20-183.6A(b), free of spills, debris, materials that may present a haz…