20-382.2. Penalty for failure to comply with registration or insurance verification requirements.
(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(2) Repealed by Session Laws 2007-492, s. 4, effective August 30, 2007.
(3) Operates a for-hire motor vehicle in intrastate commerce in this State for which it has not verified it has insurance, as required by G.S. 20-382.1.
(b) Payment and Review. - When the Department of Public Safety finds that a for-hire motor vehicle is operated in this State in violation of the registration and insurance verification requirements of this Part, the Department must place the motor vehicle out of service until the motor carrier is in compliance and the penalty imposed under this section is paid unless the officer that imposes the penalty determines that operation of the motor vehicle will not jeopardize collection of the penalty. A motor carrier that denies liability for a penalty imposed under this section may pay the penalty under protest and follow the procedure in G.S. 20-178.1 for a departmental review of the penalty.
(c) Judicial Restriction. - A court of this State may not issue a restraining order or an injunction to restrain or enjoin the collection of a penalty imposed under this section or to permit the operation of a vehicle placed out of service under this section without payment of the penalty.
(d) Proceeds. - A penalty imposed under this section is payable to the Department of Transportation, Fiscal Section. The clear proceeds of all civil penalties assessed by the Department pursuant to this section, minus any fees paid as interest, filing fees, attorneys' fees, or other necessary costs of court associated with the defense of penalties imposed pursuant to this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. (1993 (Reg. Sess., 1994), c. 621, s. 3; 1997-466, s. 3; 2002-159, s. 31.5(b); 2002-190, ss. 2, 3; 2005-64, s. 1; 2007-492, s. 4; 2009-376, ss. 2(b), 14; 2011-145, s. 19.1(g).)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 17 - Motor Carrier Safety Regulation Unit.
§ 20-377 - General powers of Department of Public Safety.
§ 20-379 - Department of Public Safety to audit motor carriers for compliance.
§ 20-382.2 - Penalty for failure to comply with registration or insurance verification requirements.
§ 20-383 - Inspectors and officers given enforcement authority.
§ 20-384 - Penalty for certain violations.
§ 20-386 - Fees, charges and penalties; disposition.
§ 20-387 - Motor carrier violating any provision of Article, rules or orders; penalty.
§ 20-388 - Willful acts of employees deemed those of motor carrier.
§ 20-389 - Actions to recover penalties.
§ 20-390 - Refusal to permit Department of Public Safety to inspect records made misdemeanor.
§ 20-391 - Violating rules, with injury to others.
§ 20-392 - Failure to make report; obstructing Division or Department of Public Safety.
§ 20-393 - Disclosure of information by employee of Department of Public Safety unlawful.
§ 20-394 - Remedies for injuries cumulative.
§ 20-395 - Willful injury to property of motor carrier a misdemeanor.
§ 20-396 - Unlawful motor carrier operations.
§ 20-398 - Household goods carrier; marking or identification of vehicles.