2005 North Carolina Code - General Statutes § 20-382.2. Penalty for failure to comply with registration or insurance verification requirements.

§ 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.)