105-449.40. Secretary may require bond.
(a) Authority. - The Secretary may require a motor carrier to furnish a bond when any of the following occurs:
(1) The motor carrier fails to file a return within the time required by this Article.
(2) The motor carrier fails to pay a tax when due under this Article.
(3) After auditing the motor carrier's records, the Secretary determines that a bond is needed to protect the State from loss in collecting the tax due under this Article.
(b) Amount. - A bond required of a motor carrier under this section may not be more than the larger of the following amounts:
(1) Five hundred dollars ($500.00).
(2) Four times the motor carrier's average tax liability or refund for a reporting period.
A bond must be in the form required by the Secretary. (1955, c. 823, s. 4; 1967, c. 1110, s. 15; 1973, c. 476, s. 193; 1991, c. 487, s. 4; 2010-95, s. 26(b).)
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.