2005 North Carolina Code - General Statutes Article 17 - Motor Carrier Safety Regulation Unit.
Article 17.
Motor Carrier Safety Regulation Unit.
Part 1. General Provisions.
§ 20‑376. Definitions.
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 following:
a. A place in the United States and a place in a foreign country.
b. Places in the United States through any foreign country.
(3) Interstate commerce. – As defined in 49 C.F.R. Part 390.5.
(3a) Interstate motor carrier. – Any person, firm, or corporation that operates or controls a commercial motor vehicle as defined in 49 C.F.R. § 390.5 in interstate commerce.
(4) Intrastate commerce. – As defined in 49 C.F.R. Part 390.5.
(5) Intrastate motor carrier. – Any person, firm, or corporation that operates or controls a commercial motor vehicle as defined in G.S. 20‑4.01(3d) in intrastate commerce. (1985, c. 454, s. 1; 1993 (Reg. Sess., 1994), c. 621, s. 5; 1995 (Reg. Sess., 1996), c. 756, s. 20; 1997‑456, s. 36; 1998‑149, s. 11; 1999‑452, s. 21; 2002‑152, s. 3.)
Part 2. Authority and Powers of Department of Crime Control and Public Safety.
§ 20‑377. General powers of Department of Crime Control and Public Safety.
The Department of Crime Control and Public Safety 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 incident to the proper discharge of its duties. (1985, c. 454, s. 1; 2002‑159, s. 31.5(b); 2002‑190, s. 2.)
§ 20‑378: Repealed by Session Laws 1995 (Regular Session, 1996), c. 756, s. 21.
§ 20‑379. Department of Crime Control and Public Safety to audit motor carriers for compliance.
The Department of Crime Control and Public Safety 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 audit, the Department of Crime Control and Public Safety may examine a person under oath, compel the production of papers and the attendance of witnesses, and copy a paper for use in the audit. An employee of the Department of Crime Control and Public Safety may enter the premises of a motor carrier during reasonable hours to enforce this Article. When on the premises of a motor carrier, an employee of the Department of Crime Control and Public Safety may set up and use equipment needed to make the tests required by this Article. (1985, c. 454, s. 1; 1995 (Reg. Sess., 1996), c. 756, s. 22; 2002‑159, s. 31.5(b); 2002‑190, s. 2.)
§ 20‑380. Department of Crime Control and Public Safety may investigate accidents involving motor carriers and promote general safety program.
The Department of Crime Control and Public Safety 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 obtained in an investigation shall be reduced to writing and a report thereof filed in the office of the Department of Crime Control and Public Safety, which shall be subject to public inspection but such report shall not be admissible in evidence in any civil or criminal proceeding arising from such accident. The Department of Crime Control and Public Safety may adopt rules for the safety of the public as affected by motor carriers and the safety of motor carrier employees. The Department of Crime Control and Public Safety shall cooperate with and coordinate its activities for motor carriers with other agencies and organizations engaged in the promotion of highway safety and employee safety. (1985, c. 454, s. 1; 1995 (Reg. Sess., 1996), c. 756, s. 23; 2002‑159, s. 31.5(b); 2002‑190, s. 2.)
§ 20‑381. Specific powers and duties of Department of Crime Control and Public Safety applicable to motor carriers; agricultural exemption.
(a) The Department of Crime Control and Public Safety 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 intrastate commerce over the highways of this State and for the safe operation of these vehicles. The Department of Crime Control and Public Safety may stop, enter upon, and perform inspections of motor carriers' vehicles in operation to determine compliance with these standards and may conduct any investigations and tests it finds necessary to promote the safety of equipment and the safe operation on the highway of these vehicles.
(1b) To enforce this Article, rules adopted under this Article, and the federal safety and hazardous materials regulations.
(2) To enter the premises of a motor carrier to inspect a motor vehicle or any equipment used by the motor carrier in transporting passengers or property.
(2a) To prohibit the use by a motor carrier of any motor vehicle or motor vehicle equipment the Department of Crime Control and Public Safety finds unsafe for use in the transportation of passengers or property on a highway. If an agent of the Department of Crime Control and Public Safety finds a motor vehicle of a motor carrier in actual use upon the highways in the transportation of passengers or property to be unsafe or any parts thereof or any equipment thereon to be unsafe and is of the opinion that further use of such vehicle, parts or equipment are imminently dangerous, the agent may require the operator thereof to discontinue its use and to substitute therefor a safe vehicle, parts or equipment at the earliest possible time and place, having regard for both the convenience and the safety of the passengers or property. When an inspector or agent stops a motor vehicle on the highway, under authority of this section, and the motor vehicle is in operative condition and its further movement is not dangerous to the passengers or property or to the users of the highways, it shall be the duty of the inspector or agent to guide the vehicle to the nearest point of substitution or correction of the defect. Such agents or inspectors shall also have the right to stop any motor vehicle which is being used upon the public highways for the transportation of passengers or property by a motor carrier subject to the provisions of this Article and to eject therefrom any driver or operator who shall be operating or be in charge of such motor vehicle while under the influence of alcoholic beverages or impairing substances. It shall be the duty of all inspectors and agents of the Department of Crime Control and Public Safety to make a written report, upon a form prescribed by the Department of Crime Control and Public Safety, of inspections of all motor equipment and a copy of each such written report, disclosing defects in such equipment, shall be served promptly upon the motor carrier operating the same, either in person by the inspector or agent or by mail. Such agents and inspectors shall also make and serve a similar written report in cases where a motor vehicle is operated in violation of this Chapter or, if the motor vehicle is subject to regulation by the North Carolina Utilities Commission, of Chapter 62 of the General Statutes.
(3) To relieve the highways of all undue burdens and safeguard traffic thereon by adopting and enforcing rules and orders designed and calculated to minimize the dangers attending transportation on the highways of all hazardous materials and other commodities.
(4) To determine the safety fitness of intrastate motor carriers, to assign safety ratings to intrastate motor carriers as defined in 49 C.F.R. § 385.3, to direct intrastate motor carriers to take remedial action when required, to prohibit the operation of intrastate motor carriers rated unsatisfactory, to determine whether the continued operations of intrastate motor carriers pose an "imminent hazard" as defined in 49 C.F.R. § 386.72(b)(1), and to prohibit the operation of an intrastate motor carrier found to be an "imminent hazard" as defined in 49 C.F.R. § 386.72(b)(1).
(5) To prohibit the intrastate operation of a motor carrier subject to an order issued by the Federal Motor Carrier Safety Administration to cease all operations based on a finding that the continued operations of the motor carrier pose an "imminent hazard" as defined in 49 C.F.R. § 386.72(b)(1).
(b) The definitions set out in 49 Code of Federal Regulations § 171.8 apply to this subsection. The transportation of an agricultural product, other than a Class 2 material, over local roads between fields of the same farm by a farmer operating as an intrastate private motor carrier is exempt from the requirements of Parts 171 through 180 of 49 CFR as provided in 49 CFR § 173.5(a). The transportation of an agricultural product to or from a farm within 150 miles of the farm by a farmer operating as an intrastate private motor carrier is exempt from the requirements of Subparts G and H of Part 172 of 49 CFR as provided in 49 CFR § 173.5(b). (1985, c. 454, s. 1; 1995 (Reg. Sess., 1996), c. 756, s. 24; 1997‑456, ss. 37, 38; 1998‑149, s. 12; 1998‑165, s. 1; 1999‑452, s. 22; 2002‑152, ss. 4, 5; 2002‑159, s. 31.5(b); 2002‑190, s. 2.)
§ 20‑382. Registration of for‑hire interstate motor carriers and verification that their for‑hire vehicles are insured.
(a) Registration. – A for‑hire motor carrier may not operate a for‑hire motor vehicle in interstate commerce in this State unless the motor carrier has complied with all of the following requirements:
(1) Registered its operations with the Division by doing one of the following:
a. Filing a copy of the certificate of authority issued to it by the United States Department of Transportation allowing it to operate in this State and any amendments to that authority.
b. Certifying to the Division that it carries only items that are not regulated by the United States Department of Transportation.
(2) Verified, in accordance with subsection (b) or (c) of this section, that it has insurance for each for‑hire motor vehicle it operates.
(3) Paid the fees set in G.S. 20‑385.
(b) Insurance Verification for Federally Regulated Motor Carriers. – A for‑hire motor carrier that operates a for‑hire motor vehicle in interstate commerce in this State, is regulated by the United States Department of Transportation, and designates this State as its registration state must obtain a receipt from the Division verifying that each for‑hire motor vehicle the motor carrier operates in any jurisdiction is insured. To obtain a receipt, the motor carrier must apply annually to the Division during the application period and state the number of for‑hire motor vehicles the motor carrier intends to operate in each jurisdiction during the next calendar year. The certificate of authority issued to the motor carrier by the United States Department of Transportation is proof that the motor carrier has insurance for its for‑hire motor vehicles.
The motor carrier must keep a copy of the receipt in each of its for‑hire motor vehicles. The motor carrier may transfer the receipt from one for‑hire motor vehicle to another as long as the total number of for‑hire motor vehicles operated in any jurisdiction and in all jurisdictions does not exceed the number stated on the receipt.
A motor carrier may operate more for‑hire motor vehicles in a jurisdiction than stated in its most recent annual application only if the motor carrier files another application with the Division and obtains a receipt stating the increased number. A motor carrier that obtains a receipt for an increased number of for‑hire motor vehicles must put a copy of the new receipt in each of its for‑hire motor vehicles. The new receipt replaces rather than supplements the previous receipt.
(c) Insurance Verification for Nonregulated Motor Carriers. – A for‑hire motor carrier that operates a for‑hire motor vehicle in interstate commerce in this State and is exempt from regulation by the United States Department of Transportation must verify to the Division that each for‑hire motor vehicle the motor carrier operates in this State is insured. To do this, the motor carrier must obtain annually for each for‑hire motor vehicle a cab card approved by the Commissioner and a North Carolina identification stamp issued by the Division. To obtain an identification stamp, the motor carrier must apply annually to the Division during the application period for an identification stamp for each for‑hire motor vehicle the motor carrier intends to operate in this State during the next 12‑month period beginning February 1.
The motor carrier must place the identification stamp on the cab card and keep the cab card in the for‑hire motor vehicle for which it was issued. An identification stamp is issued for a specific for‑hire motor vehicle and is not transferable from one for‑hire motor vehicle to another.
A motor carrier may operate in this State a for‑hire motor vehicle for which it did not obtain an identification stamp during the most recent annual application period only if it obtains for that vehicle either a cab card and identification stamp or an emergency permit. A motor carrier may obtain an additional identification stamp after the close of the annual application period by filing an application for it with the Division. An identification stamp issued after the close of the annual application period expires the same date as one issued during the annual application period.
A motor carrier may obtain an emergency permit by filing an application for it with the Division. An emergency permit allows the motor carrier to operate a for‑hire motor vehicle in this State without a cab card and identification stamp between the time the motor carrier has applied for an identification stamp and the time the Division issues the identification stamp. (1985, c. 454, s. 1; 1993 (Reg. Sess., 1994), c. 621, s. 1; 1995 (Reg. Sess., 1996), c. 756, s. 25.)
§ 20‑382.1. Registration of for‑hire intrastate motor carriers and verification that their vehicles are insured.
(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 with the State by doing one of the following:
a. Obtaining a certificate of authority from the North Carolina Utilities Commission.
b. Obtaining a certificate of exemption from the Division.
(1a) For a motor carrier that does not haul household goods, registered its operations with the Division.
(2) Verified, in accordance with subsection (b) of this section, that it has insurance for each for‑hire motor vehicle it operates in this State.
(3) Paid the fees set in G.S. 20‑385.
(b) Insurance Verification. – A for‑hire motor carrier that operates a for‑hire vehicle in intrastate commerce in this State must verify to the Division that each for‑hire motor vehicle it operates in this State is insured. To do this, the motor carrier must submit an insurance verification form to the Division and must file annually with the Division a list of the for‑hire vehicles it operates in this State. (1993 (Reg. Sess., 1994), c. 621, s. 2; 1995 (Reg. Sess., 1996), c. 756, s. 26.)
§ 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) Operates a for‑hire motor vehicle in interstate commerce in this State that does not carry a copy of either an insurance registration receipt issued to the motor carrier or a cab card with an identification stamp issued for the vehicle, as required by G.S. 20‑382.
(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. – When the Department of Crime Control and 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 motor vehicle shall be placed 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 apply to the Department of Crime Control and Public Safety for a hearing.
(c) Hearing. – Upon receiving a request for a hearing, the Secretary of Crime Control and Public Safety shall schedule a hearing within 30 days after receipt of the request. If after the hearing the Secretary of Crime Control and Public Safety determines that the motor carrier was not liable for the penalty, the amount collected shall be refunded. If after the hearing the Department of Crime Control and Public Safety determines that the motor carrier was liable for the penalty, the motor carrier may bring an action in the Superior Court of Wake County against the Department of Crime Control and Public Safety for refund of the penalty. A court of this State may not issue a restraining order or an injunction to restrain or enjoin the collection of the penalty or to permit the operation of the vehicle without payment of the penalty.
(d) Proceeds. – A penalty imposed under this section is payable to the Department of Crime Control and Public Safety. Penalties collected under this section shall be credited to the Highway Fund as nontax revenue. (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.)
§ 20‑383. Inspectors and officers given enforcement authority.
Only designated inspectors and officers of the Department of Crime Control and Public Safety 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 appropriate warrants, informations, presentments or other lawful process for the enforcement and prosecution of violations of the transportation laws against all offenders, whether they be regulated motor carriers or not, and to appear in court or before the North Carolina Utilities Commission and offer evidence at the trial pursuant to such processes. (1985, c. 454, s. 1; 2002‑159, s. 31.5(b); 2002‑190, s. 2.)
§ 20‑384. Penalty for certain violations.
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 of up to fifty dollars ($50.00). (1985, c. 454, s. 1; 1985 (Reg. Sess., 1986), c. 1018, s. 13; 1993 (Reg. Sess., 1994), c. 754, s. 6; 1995 (Reg. Sess., 1996), c. 756, s. 27.)
Part 3. Fees and Charges.
§ 20‑385. Fee schedule.
(a) Amounts. –
(1) Verification by a for‑hire motor carrier of insurance
for each for‑hire motor vehicle operated in this State $ 1.00
(2) Application by an intrastate motor carrier for a
certificate of exemption 45.00
(3) Certification by an interstate motor carrier that it is
not regulated by the United States Department
of Transportation 45.00
(4) Application by an interstate motor carrier for an
emergency permit 18.00.
(b) Reciprocal Agreements. – The fee set in subdivision (a)(1) of this section does not apply to the verification of insurance by an interstate motor carrier regulated by the United States Department of Transportation if the Division had a reciprocal agreement on November 15, 1991, with another state by which no fee is imposed. The Division had reciprocal agreements as of that date with the following states: California, Delaware, Indiana, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Jersey, Pennsylvania, Texas, and Vermont. (1985, c. 454, s. 1; 1993 (Reg. Sess., 1994), c. 621, s. 4; 1995 (Reg. Sess., 1996), c. 756, s. 28; 2005‑276, s. 44.1(p).)
§ 20‑386. Fees, charges and penalties; disposition.
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.
§ 20‑387. Motor carrier violating any provision of Article, rules or orders; penalty.
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 Department of Crime Control and Public Safety shall, in addition to the other penalties prescribed in this Article forfeit and pay a sum up to one thousand dollars ($1,000) for each offense, to be recovered in an action to be instituted in the Superior Court of Wake County, in the name of the State of North Carolina on the relation of the Department of Crime Control and Public Safety; and each day such motor carrier continues to violate any provision of this Article or continues to refuse to obey or perform any rule, order or regulation prescribed by the Division or Department of Crime Control and Public Safety shall be a separate offense. (1985, c. 454, s. 1; 2002‑159, s. 31.5(b); 2002‑159, s. 31.5(b); 2002‑190, s. 10.)
§ 20‑388. Willful acts of employees deemed those of motor carrier.
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.)
§ 20‑389. Actions to recover penalties.
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 Department of Crime Control and Public Safety against the person incurring such penalty; or whenever such action is upon the complaint of any injured person, it shall be instituted in the name of the State of North Carolina on the relation of the Department of Crime Control and Public Safety upon the complaint of such injured person against the person incurring such penalty. Such action may be instituted and prosecuted by the Attorney General, the District Attorney of the Wake County Superior Court, or the injured person. The procedure in such actions, the right of appeal and the rules regulating appeals shall be the same as provided by law in other civil actions. (1985, c. 454, s. 1; 2002‑159, s. 31.5(b); 2002‑190, s. 2.)
§ 20‑390. Refusal to permit Department of Crime Control and Public Safety to inspect records made misdemeanor.
Any motor carrier, its officers or agents in charge thereof, that fails or refuses upon the written demand of the Department of Crime Control and Public Safety to permit its authorized representatives or employees to examine and inspect its books, records, accounts and documents, or its plant, property, or facilities, as provided for by law, shall be guilty of a Class 3 misdemeanor. Each day of such failure or refusal shall constitute a separate offense and each such offense shall be punishable only by a fine of not less than five hundred dollars ($500.00) and not more than five thousand dollars ($5,000). (1985, c. 454, s. 1; 1993, c. 539, s. 393; 1994, Ex. Sess., c. 24, s. 14(c); 2002‑159, s. 31.5(b); 2002‑190, s. 2.)
§ 20‑391. Violating rules, with injury to others.
If any motor carrier doing business in this State by its agents or employees shall be guilty of the violations of the rules and regulations provided and prescribed by the Division or the Department of Crime Control and Public Safety, and if after due notice of such violation given to the principal officer thereof, if residing in the State, or, if not, to the manager or superintendent or secretary or treasurer if residing in the State, or, if not, then to any local agent thereof, ample and full recompense for the wrong or injury done thereby to any person as may be directed by the Division or Department of Crime Control and Public Safety shall not be made within 30 days from the time of such notice, such motor carrier shall incur a penalty for each offense of five hundred dollars ($500.00). (1985, c. 454, s. 1; 2002‑159, s. 31.5(b); 2002‑190, s. 11.)
§ 20‑392. Failure to make report; obstructing Division or Department of Crime Control and Public Safety.
Every officer, agent or employee of any motor carrier, who shall willfully neglect or refuse to make and furnish any report required by the Division or Department of Crime Control and Public Safety for the purposes of this Article, or who shall willfully or unlawfully hinder, delay or obstruct the Division or Department of Crime Control and Public Safety in the discharge of the duties hereby imposed upon it, shall forfeit and pay five hundred dollars ($500.00) for each offense, to be recovered in an action in the name of the State. A delay of 10 days to make and furnish such report shall raise the presumption that the same was willful. (1985, c. 454, s. 1; 2002‑159, s. 31.5(b); 2002‑190, s. 12.)
§ 20‑393. Disclosure of information by employee of Department of Crime Control and Public Safety unlawful.
It shall be unlawful for any agent or employee of the Department of Crime Control and Public Safety knowingly and willfully to divulge any fact or information which may come to his knowledge during the course of any examination or inspection made under authority of this Article, except to the Department of Crime Control and Public Safety or as may be directed by the Department of Crime Control and Public Safety or upon approval of a request to the Department of Crime Control and Public Safety by the Utilities Commission or by a court or judge thereof. (1985, c. 454, s. 1; 2002‑159, s. 31.5(b); 2002‑190, s. 2.)
§ 20‑394. Remedies for injuries cumulative.
The remedies given by this Article to persons injured shall be regarded as cumulative to the remedies otherwise provided by law against motor carriers. (1985, c. 454, s. 1.)
§ 20‑395. Willful injury to property of motor carrier a misdemeanor.
If any person shall willfully do or cause to be done any act or acts whatever whereby any building, construction or work of any motor carrier, or any engine, machine or structure of any matter or thing appertaining to the same shall be stopped, obstructed, impaired, weakened, injured or destroyed, he shall be guilty of a Class 1 misdemeanor. (1985, c. 454, s. 1; 1993, c. 539, s. 394; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 20‑396. Unlawful motor carrier operations.
(a) Any person, whether carrier, shipper, consignee, or any officer, employee, agent, or representative thereof, who by means of any false statement or representation, or by the use of any false or fictitious bill, bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit, deposition, lease, or bill of sale, or by any other means or device, shall knowingly and willfully seek to evade or defeat regulations as in this Article provided for motor carriers, shall be deemed guilty of a Class 3 misdemeanor and only punished by a fine of not more than five hundred dollars ($500.00) for the first offense and not more than two thousand dollars ($2,000) for any subsequent offense.
(b) Any motor carrier, or other person, or any officer, agent, employee, or representative thereof, who shall willfully fail or refuse to make a report to the Division or Department of Crime Control and Public Safety as required by this Article, or other applicable law, or to make specific and full, true, and correct answer to any question within 30 days from the time it is lawfully required by the Division or Department of Crime Control and Public Safety so to do, or to keep accounts, records, and memoranda in the form and manner prescribed by the Division or Department of Crime Control and Public Safety or shall knowingly and willfully falsify, destroy, mutilate, or alter any such report, account, record, or memorandum, or shall knowingly and willfully neglect or fail to make true and correct entries in such accounts, records, or memoranda of all facts and transactions appertaining to the business of the carrier, or person required under this Article to keep the same, or shall knowingly and willfully keep any accounts, records, or memoranda contrary to the rules, regulations, or orders of the Division or Department of Crime Control and Public Safety with respect thereto, shall be deemed guilty of a Class 3 misdemeanor and be punished for each offense only by a fine of not more than five thousand dollars ($5,000). As used in this subsection the words "kept" and "keep" shall be construed to mean made, prepared or compiled as well as retained. (1985, c. 454, s. 1; 1993, c. 539, s. 395; 1994, Ex. Sess., c. 24, s. 14(c); 2002‑159, s. 31.5(b); 2002‑190, s. 13.)
§ 20‑397. Furnishing false information to the Department of Crime Control and Public Safety; withholding information from the Department of Crime Control and Public Safety.
(a) Every person, firm or corporation operating under the jurisdiction of the Department of Crime Control and Public Safety or who is required by law to file reports with the Department of Crime Control and Public Safety who shall knowingly or willfully file or give false information to the Department of Crime Control and Public Safety in any report, reply, response, or other statement or document furnished to the Department of Crime Control and Public Safety shall be guilty of a Class 1 misdemeanor.
(b) Every person, firm, or corporation operating under the jurisdiction of the Department of Crime Control and Public Safety or who is required by law to file reports with the Department of Crime Control and Public Safety who shall willfully withhold clearly specified and reasonably obtainable information from the Department of Crime Control and Public Safety in any report, response, reply or statement filed with the Department of Crime Control and Public Safety in the performance of the duties of the Department of Crime Control and Public Safety or who shall fail or refuse to file any report, response, reply or statement required by the Department of Crime Control and Public Safety in the performance of the duties of the Department of Crime Control and Public Safety shall be guilty of a Class 1 misdemeanor. (1985, c. 454, s. 1; 1993, c. 539, s. 396; 1994, Ex. Sess., c. 24, s. 14(c); 2002‑159, s. 31.5(b); 2002‑190, s. 2.)
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