2005 North Carolina Code - General Statutes § 20-382. Registration of for-hire interstate motor carriers and verification that their for-hire vehicles are insured.

§ 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.)