105-449.37. Definitions; tax liability; application.
(a) Definitions. - The following definitions apply in this Article:
(1) International Fuel Tax Agreement. - The Articles of Agreement adopted by the International Fuel Tax Association, Inc., as amended as of December 1, 2018.
(2) Motor carrier. - A person who operates or causes to be operated on any highway in this State a motor vehicle that is a qualified motor vehicle. The term does not include the United States, a state, or a political subdivision of a state.
(3) Motor vehicle. - Defined in G.S. 20-4.01.
(4) Operations. - The movement of a qualified motor vehicle by a motor carrier, whether loaded or empty and whether or not operated for compensation.
(5) Person. - Defined in G.S. 105-228.90.
(6) Qualified motor vehicle. - Defined in the International Fuel Tax Agreement.
(7) Secretary. - Defined in G.S. 105-228.90.
(b) Liability. - A motor carrier who operates on one or more days of a reporting period is liable for the tax imposed by this Article for that reporting period and is entitled to the credits allowed for that reporting period.
(c) Application. - A motor carrier who operates a qualified motor vehicle in this State must submit an application, as provided in this Article, and obtain the appropriate license and decals for the vehicle. The Article applies to both an interstate motor carrier subject to the International Fuel Tax Agreement and to an intrastate motor carrier. (1955, c. 823, s. 1; 1973, c. 476, s. 193; 1983, c. 713, s. 55; 1989, c. 7, s. 1; 1991, c. 182, s. 2; c. 487, s. 2; 1991 (Reg. Sess., 1992), c. 913, s. 8; 1993, c. 354, s. 28; 1999-337, s. 36; 2000-140, s. 74; 2008-134, s. 16; 2010-95, s. 27; 2014-3, s. 9.5(b); 2017-39, s. 11; 2020-58, s. 2.9.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 36B - Tax on Motor Carriers.
§ 105-449.37 - Definitions; tax liability; application.
§ 105-449.39 - Credit for payment of motor fuel tax.
§ 105-449.40 - Secretary may require bond.
§ 105-449.42 - Payment of tax.
§ 105-449.42A - Leased motor vehicles.
§ 105-449.43 - Application of tax proceeds.
§ 105-449.44 - How to determine the amount of fuel used in the State; presumption of amount used.
§ 105-449.45 - Returns of carriers.
§ 105-449.46 - Inspection of books and records.
§ 105-449.47 - Licensure of vehicles.
§ 105-449.47A - Denial of license application and decal issuance.
§ 105-449.47B - Revocation of license.
§ 105-449.49 - Temporary permits.
§ 105-449.51 - Violations declared to be misdemeanors.
§ 105-449.52 - Civil penalties applicable to motor carriers.
§ 105-449.54 - Commissioner of Motor Vehicles made process agent of nonresident motor carriers.
§ 105-449.57 - Cooperative agreements between jurisdictions.