Chapter 20

The purpose of this Article is to implement the federal Commercial Motor Vehicle Safety Act of 1986, 49 U.S.C. Chapter 36, and reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by: (1) Permitting commercial drivers to hold one license; (2) Disqualifyi…

(a) On or after April 1, 1992, no person shall operate a commercial motor vehicle on the highways of this State unless he has first been issued and is in immediate possession of a commercial drivers license with applicable endorsements valid for the vehicle he is driving; provide…

(a) No person shall be issued a commercial drivers license unless the person meets all of the following requirements: (1) Is a resident of this State. (2) Is 21 years of age. (3) Has passed a knowledge test and a skills test for driving a commercial motor vehicle that comply with…

(a) Medical Qualifications Standards Applicable to Commercial Drivers. - All commercial drivers license holders and applicants for commercial drivers licenses must meet the medical qualifications standards set forth in 49 C.F.R. § 391.41. As allowed under G.S. 20-9(g)(4)h., the D…

The Division may issue a nonresident commercial driver license (NRCDL) to a resident of a foreign jurisdiction if the United States Secretary of Transportation has determined that the commercial motor vehicle testing and licensing standards in the foreign jurisdiction do not meet…

(a) Effective December 1, 2009, the Division shall not issue or renew a commercial drivers license with a P or S endorsement to any person who is required to register under Article 27A of Chapter 14 of the General Statutes. (b) The Division shall not issue a commercial drivers li…

(a) An application for a commercial drivers license must include the information required by G.S. 20-7 for a regular drivers license and a consent to release driving record information. (a1) The application must be accompanied by a nonrefundable application fee of fifty-one dolla…

(a) A commercial drivers license must be marked "Commercial Drivers License" or "CDL" and must contain the information required by G.S. 20-7 for a regular drivers license. (b) The classes of commercial drivers licenses are: (1) Class A CDL - A Class A commercial drivers license a…

Before issuing a commercial driver license, the Division shall obtain driving record information from the Commercial Driver License Information System (CDLIS), the National Driver Register, and from each state in which the person has been licensed. Within 10 days after issuing a …

(a) Any driver holding a commercial driver license issued by this State who is convicted of violating any State law or local ordinance relating to motor vehicle traffic control in any other state, other than parking violations, shall notify the Division in the manner specified by…

(a) Each employer shall require the applicant to provide the information specified in G.S. 20-37.18(c). (b) No employer shall knowingly allow, permit, or authorize a driver to drive a commercial motor vehicle during any period: (1) In which the driver has had his commercial drive…

(a) Out-of-state Resident. - Within 10 days after receiving a report of the conviction of (i) any nonresident holder of a commercial driver license or commercial learner's permit for any violation of State law or local ordinance relating to motor vehicle traffic control, other th…

Upon receipt of notice pursuant to G.S. 20-37.19(c) of positive result in an alcohol or drug test of a person holding a commercial drivers license, and subject to any appeal of the disqualification pursuant to G.S. 20-37.20B, the Division shall place a notation on the driving rec…

Following receipt of notice pursuant to G.S. 20-37.19(c) of a positive test in an alcohol or drug test, the Division shall notify the driver of the pending disqualification of the driver to operate a commercial vehicle and the driver's right to a hearing if requested within 20 da…

(a) Any person who drives a commercial motor vehicle in violation of G.S. 20-37.12 shall be guilty of a Class 3 misdemeanor and, upon conviction, shall be fined not less than two hundred fifty dollars ($250.00) for a first offense and not less than five hundred dollars ($500.00) …

The Division may adopt any rules necessary to carry out the provisions of this Article. (1989, c. 771, s. 2; 2025-25, s. 29(6).)

The Commissioner shall have the authority to execute or make agreements, arrangements, or declarations to carry out the provisions of this Article. (1989, c. 771, s. 2.)

Unless the context requires otherwise, the following definitions apply throughout this Article to the defined words and phrases and their cognates: (1) "Distinguishing license plate" means a license plate that displays the International Symbol of Access using the same color, size…

(a) General Parking. - Any vehicle that is driven by or is transporting a person who is handicapped and that displays a distinguishing license plate, a removable windshield placard, or a temporary removable windshield placard may be parked for unlimited periods in parking zones r…

Any vehicle displaying an out-of-State handicapped license plate, placard, or other evidence of handicap issued by the appropriate authority of the appropriate jurisdiction may park in any space reserved for the handicapped pursuant to G.S. 20-37.6. (1981, c. 48; 1991, c. 411, s.…

(a) Eligibility. - A person who is a resident of this State is eligible for a special identification card. (b) Application. - To obtain a special identification card from the Division, a person must complete the application form used to obtain a drivers license. (b1) Search Natio…

(a) It shall be unlawful for any person to use a false or fictitious name or give a false or fictitious address in any application for a special identification card or knowingly to make a false statement or knowingly conceal a material fact or otherwise commit a fraud in any such…

(a) Address. - A person whose address changes from the address stated on a special identification card must notify the Division of the change within 60 days after the change occurs. If the person's address changed because the person moved, the person must obtain a new special ide…

The speed of moves will be that which is reasonable and prudent for the load, considering weight and bulk, under conditions existing at the time. (1977, c. 720, s. 15.)

(a) Any person violating the provisions of this Article or the regulations of the Department governing housemoving shall be guilty of a Class 1 misdemeanor. (b) The Department is hereby authorized in the name of the State to apply for relief by injunction, in the established mann…

If any of the provisions of this Article, or if the application of such provisions to any person or circumstance shall be held invalid, the remainder of this Article and the application of such provision of this Article other than those as to which it is held valid, shall not be …

(a) If the Department determines that a housemover has engaged in unsafe practices, all licenses, permits, and authorizations issued to the person pursuant to this Article shall be revoked for a period of six months. (b) Any person whose license, permit, or authorization issued u…

The following definitions apply in this Article: (1) Federal safety and hazardous materials regulations. - The federal motor carrier safety regulations contained in 49 C.F.R. Parts 171 through 180, 382, and 390 through 398. (2) Foreign commerce. - Commerce between any of the foll…

The State Highway Patrol shall have and exercise such general power and authority to supervise and control the motor carriers of the State as may be necessary to carry out the laws providing for their regulation, and all such other powers and duties as may be necessary or inciden…

The State Highway Patrol must periodically audit each motor carrier to determine if the carrier is complying with this Article and, if the motor carrier is subject to regulation by the North Carolina Utilities Commission, with Chapter 62 of the General Statutes. In conducting the…

The procedures set forth in this Article shall be followed for the investigation and processing of an implied-consent offense as defined in G.S. 20-16.2. The trial procedures shall apply to any implied-consent offense litigated in the District Court Division. (2006-253, s. 5.)

A law enforcement officer who is investigating an implied-consent offense or a vehicle crash that occurred in the officer's territorial jurisdiction is authorized to investigate and seek evidence of the driver's impairment anywhere in-state or out-of-state, and to make arrests at…

Upon the arrest of a person, with or without a warrant, but not necessarily in the order listed, a law enforcement officer: (1) Shall inform the person arrested of the charges or a cause for the arrest. (2) May take the person arrested to any place within the State for one or mor…

(a) Appearance Before a Magistrate. - Except as modified in this Article, a magistrate shall follow the procedures set forth in Article 24 of Chapter 15A of the General Statutes. (1) A magistrate may hold an initial appearance at any place within the county and shall, to the exte…

(a) The Chief District Court Judge, the Department of Health and Human Services, the district attorney, and the sheriff shall: (1) Establish a written procedure for attorneys and witnesses to have access to the chemical analysis room. (2) Approve the location of written notice of…

(a) The defendant may move to suppress evidence or dismiss charges only prior to trial, except the defendant may move to dismiss the charges for insufficient evidence at the close of the State's evidence and at the close of all of the evidence without prior notice. If, during the…

(a) The State may appeal to superior court any district court preliminary determination granting a motion to suppress or dismiss. If there is a dispute about the findings of fact, the superior court shall not be bound by the findings of the district court but shall determine the …

The State Highway Patrol may conduct a program of accident prevention and public safety covering all motor carriers with special emphasis on highway safety and transport safety and may investigate the causes of any accident on a highway involving a motor carrier. Any information …

(a) The State Highway Patrol has the following powers and duties concerning motor carriers: (1) To prescribe qualifications and maximum hours of service of drivers and their helpers. (1a) To set safety standards for vehicles of motor carriers engaged in foreign, interstate, or in…

(a) UCRA. - The Commissioner may enter into the Unified Carrier Registration Agreement (UCRA), established pursuant to Section 4305 of Public Law 109-73, and into agreements with jurisdictions participating in the UCRA to exchange information for any audit or enforcement activity…

(a) Registration. - A for-hire motor carrier may not operate a for-hire motor vehicle in intrastate commerce in this State unless the motor carrier has complied with all of the following requirements: (1) For a motor carrier that hauls household goods, registered its operations w…

(a) Acts. - A motor carrier who does any of the following is subject to a civil penalty of one thousand dollars ($1,000): (1) Operates a for-hire motor vehicle in this State without registering its operations, as required by this Part. (2) Repealed by Session Laws 2007-492, s. 4,…

Only designated inspectors, officers, and personnel of the State Highway Patrol shall have the authority to enforce the provisions of this Article and provisions of Chapter 62 applicable to motor transportation, and they are empowered to make complaint for the issue of appropriat…

A motor carrier who fails to conduct a safety inspection of a vehicle as required by Part 396 of the federal safety regulations or who fails to mark a vehicle that has been inspected as required by that Part commits an infraction and, if found responsible, is liable for a penalty…

(a) The fees listed in this section apply to a motor carrier. These fees are in addition to any fees required under the Unified Carrier Registration Agreement. (1) Repealed by Session Laws 2007-492, s. 5, effective August 30, 2007. (2) Application by an intrastate motor carrier f…

All fees and charges received by the Division under G.S. 20-385 shall be in addition to any other tax or fee provided by law and shall be placed in the Highway Fund. (1985, c. 454, s. 1.) Part 4. Penalties and Actions.

Any motor carrier which violates any of the provisions of this Article or refuses to conform to or obey any rule, order or regulation of the Division or State Highway Patrol shall, in addition to the other penalties prescribed in this Article forfeit and pay a sum up to one thous…

The willful act of any officer, agent, or employee of a motor carrier, acting within the scope of his official duties of employment, shall, for the purpose of this Article, be deemed to be the willful act of the motor carrier. (1985, c. 454, s. 1.)

Except as otherwise provided in this Article, an action for the recovery of any penalty under this Article shall be instituted in Wake County, and shall be instituted in the name of the State of North Carolina on the relation of the State Highway Patrol against the person incurri…

(a) The Commissioner is hereby vested with the power and is charged with the duty of administering and enforcing the provisions of this Article and of all laws regulating the operation of vehicles or the use of the highways, the enforcement or administration of which is now or he…