19A NCAC | Title 19A NCAC — Transportation

Chapter 01 Departmental Rules

Subchapter A

19A NCAC 01A .0101 Identifying Information

The principal offices of the Department of Transportation are located at:

Highway Building

1 South Wilmington Street

P.O. Box 25201

Raleigh, North Carolina 27611

History

Authority G.S. 136-15; 136-44.1; 143B-10(b); 143B-345
Eff. July 1, 1978
Amended Eff. November 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 01A .0102 Departmental Functions

History

Status: repealed
Authority G.S. 20-1; 113-28.5; 136-4; 136-44.1; 143B-10(b), (j); 143B-11; 143B-346; 147-12(7); S.L. 1844, Ch. 82; S.L. 1852, Ch. 136
Eff. July 1, 1978
Repealed Eff. November 1, 1993.

19A NCAC 01A .0103 Structure of the Department

History

Status: repealed
Authority G.S. 20-1; 113-28.5; 136-4; 136-44.1; 143B-10(b), (j); 143B-11; 143B-346; 147-12(7); S.L. 1844, Ch. 82; S.L. 1852, Ch. 136
Eff. July 1, 1978
Repealed Eff. November 1, 1993.

19A NCAC 01A .0104 Rulemaking Authority Defined

Throughout this Title, "rulemaking authority" shall mean the person, board or commission empowered by statute or delegation of statutory authority to adopt and promulgate rules in the specific subject area in question.

Note: For the rulemaking authority vested in the Board, Department or Secretary of Transportation, see G.S. 136-18(5); 143B-10(a), (j); 143B-346; 143B-348; 143B-350(f), (g).

History

Authority G.S. 143B-10(j)
Eff. July 1, 1978
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 01A .0201 Identifying Information

The office of the Secretary of Transportation is located at:

Highway Building

1 South Wilmington Street

P.O. Box 25201

Raleigh, North Carolina 27611

History

Authority G.S. 143B-9; 143B-348
Eff. July 1, 1978
Amended Eff. November 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 01A .0202 Functions of Secretary as Head of a Principal State Dept

History

Status: repealed
Authority G.S. 20-2; 20-3; 20-183.16; 113A-54(a); 136-4; 136-20; 136-28.1(b) to (d); 143-392; 143B-10; 143B-14; 143B-348; 143B-350(b), (c), (g); 143B-360
Eff. July 1, 1978
Repealed Eff. November 1, 1993.

19A NCAC 01A .0203 Functions as Secretary of Transportation

History

Status: repealed
Authority G.S. 20-2; 20-3; 20-183.16; 113A-54(a); 136-4; 136-20; 136-28.1(b) to (d); 143-392; 143B-10; 143B-14; 143B-348; 143B-350(b), (c), (g); 143B-360
Eff. July 1, 1978
Repealed Eff. November 1, 1993.

19A NCAC 01A .0204 Public Affairs Section

History

Status: repealed
Authority G.S. 126-16; 143B-10; 143B-348
Eff. July 1, 1978
Repealed Eff. November 1, 1991.

19A NCAC 01A .0205 Personnel

History

Status: repealed
Authority G.S. 126-16; 143B-10; 143B-348
Eff. July 1, 1978
Repealed Eff. November 1, 1991.

19A NCAC 01A .0206 Civil Rights Coordinator

History

Status: repealed
Authority G.S. 126-16; 143B-10; 143B-348
Eff. July 1, 1978
Repealed Eff. November 1, 1991.

19A NCAC 01A .0301 Identifying Information

The office of the Board of Transportation is located at:

Highway Building

1 South Wilmington Street

P.O. Box 25201

Raleigh, North Carolina 27611

Note: The exact composition of the Board of Transportation is given in G.S. 143B-350(b) to (d).

History

Authority G.S. 143B-350
Eff. July 1, 1978
Amended Eff. November 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 01A .0302 Functions: Powers and Duties: General

History

Status: repealed
Authority G.S. 136-18(8), (16); 136-19.4(a), (d); 136-28.1(a); 136-44.1; 136-44.3; 136-44.4; 136-44.7; 136-44.8; 136-44.10; 136-54; 136-49; 136-60; 136-62; 136-63; 136-102.6; 143B-350(a); 143B-350(f)
Eff. July 1, 1978
Repealed Eff. November 1, 1993.

19A NCAC 01A .0303 Specific Functions: Powers and Duties

History

Status: repealed
Authority G.S. 136-18(8), (16); 136-19.4(a), (d); 136-28.1(a); 136-44.1; 136-44.3; 136-44.4; 136-44.7; 136-44.8; 136-44.10; 136-54; 136-49; 136-60; 136-62; 136-63; 136-102.6; 143B-350(a); 143B-350(f)
Eff. July 1, 1978
Repealed Eff. November 1, 1993.

19A NCAC 01A .0401 Identifying Information

The principal offices of the Division of Highways are located at:

Highway Building

1 South. Wilmington Street

P.O. Box 25201

Raleigh, North Carolina 27611

History

Authority G.S. 136-141.1; 136-15; 143B-10(b), (j)
Eff. July 1, 1978
Amended Eff. November 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 01A .0402 Functions

History

Status: repealed
Authority G.S. 136-4; 136-18; 143B-10; 143B-10(a), (b); 143B-350(g)
Eff. July 1, 1978
Repealed Eff. November 1, 1993.

19A NCAC 01A .0403 State Highway Administrator

History

Status: repealed
Authority G.S. 136-4; 136-18; 143B-10; 143B-10(a), (b); 143B-350(g)
Eff. July 1, 1978
Repealed Eff. November 1, 1993.

19A NCAC 01A .0404 Duties and Responsibilities: State Highway Administrator

History

Status: repealed
Authority G.S. 20-119; 133-5; 136-18.3; 136-18(5); 136-18(11); 136-19; 136-28.1; 136-29; 136-30; 136-44.1; 136-64.1(d); 136-71.9; 136-71.10; 136-89.51; 136-89.59; 136-93; 143B-10(j); 143B-350(f), (g)
Eff. July 1, 1978
Amended Eff. January 1, 1986; October 1, 1983
Repealed Eff. November 1, 1991.

19A NCAC 01A .0405 Secondary Roads Section

History

Status: repealed
Authority G.S. 143B-10(b); 143B-348; 143B-350(g)
Eff. July 1, 1978
Repealed Eff. December 29, 1993.

19A NCAC 01A .0406 Highway Planning Section

History

Status: repealed
Authority G.S. 136-12; 136-14.1; 136-15; 136-17.2; 136-18; 136-19; 136-28.6; 136-44.2; 136-44.2B; 136-44.4; 136-44.11; 136-44.50; 136-66.1; 136-66.3; 136-66.5; 136-82; 136-89; 136-184; 143B-10(b),(g),(j); 143B-348; 143B-350
Eff. July 1, 1978
Amended Eff. November 1, 1985
Repealed Eff. November 1, 1991.

19A NCAC 01A .0407 Project Management and Productivity Control Section

History

Status: repealed
Authority G.S. 136-12; 136-14.1; 136-15; 136-17.2; 136-18; 136-19; 136-28.6; 136-44.2; 136-44.2B; 136-44.4; 136-44.11; 136-44.50; 136-66.1; 136-66.3; 136-66.5; 136-82; 136-89; 136-184; 143B-10(b),(g),(j); 143B-348; 143B-350
Eff. July 1, 1978
Amended Eff. November 1, 1985
Repealed Eff. November 1, 1991.

19A NCAC 01A .0408 Operations Section

History

Status: repealed
Authority G.S. 136-12; 136-14.1; 136-15; 136-17.2; 136-18; 136-19; 136-28.6; 136-44.2; 136-44.2B; 136-44.4; 136-44.11; 136-44.50; 136-66.1; 136-66.3; 136-66.5; 136-82; 136-89; 136-184; 143B-10(b),(g),(j); 143B-348; 143B-350
Eff. July 1, 1978
Amended Eff. November 1, 1985
Repealed Eff. November 1, 1991.

19A NCAC 01A .0501 Identifying Information

History

Status: repealed
Authority G.S. 20-3; 20-26; 20-27; 20-43; 95-126(b)(2)1; 95-127(10); 95-148; 136-10; 143-49; 143-51; 143-157; 143B-10(b); 143B-348
Eff. July 1, 1978
Amended Eff. July 1, 1982; July 1, 1981
Repealed Eff. November 1, 1991.

19A NCAC 01A .0502 Functions

History

Status: repealed
Authority G.S. 20-3; 20-26; 20-27; 20-43; 95-126(b)(2)1; 95-127(10); 95-148; 136-10; 143-49; 143-51; 143-157; 143B-10(b); 143B-348
Eff. July 1, 1978
Amended Eff. July 1, 1982; July 1, 1981
Repealed Eff. November 1, 1991.

19A NCAC 01A .0503 Transportation Computing Center Section

History

Status: repealed
Authority G.S. 20-3; 20-26; 20-27; 20-43; 95-126(b)(2)1; 95-127(10); 95-148; 136-10; 143-49; 143-51; 143-157; 143B-10(b); 143B-348
Eff. July 1, 1978
Amended Eff. July 1, 1982; July 1, 1981
Repealed Eff. November 1, 1991.

19A NCAC 01A .0504 Fiscal

History

Status: repealed
Authority G.S. 20-3; 20-26; 20-27; 20-43; 95-126(b)(2)1; 95-127(10); 95-148; 136-10; 143-49; 143-51; 143-157; 143B-10(b); 143B-348
Eff. July 1, 1978
Amended Eff. July 1, 1982; July 1, 1981
Repealed Eff. November 1, 1991.

19A NCAC 01A .0505 Purchasing

History

Status: repealed
Authority G.S. 20-3; 20-26; 20-27; 20-43; 95-126(b)(2)1; 95-127(10); 95-148; 136-10; 143-49; 143-51; 143-157; 143B-10(b); 143B-348
Eff. July 1, 1978
Amended Eff. July 1, 1982; July 1, 1981
Repealed Eff. November 1, 1991.

19A NCAC 01A .0506 Internal Audit

History

Status: repealed
Authority G.S. 20-3; 20-26; 20-27; 20-43; 95-126(b)(2)1; 95-127(10); 95-148; 136-10; 143-49; 143-51; 143-157; 143B-10(b); 143B-348
Eff. July 1, 1978
Amended Eff. July 1, 1982; July 1, 1981
Repealed Eff. November 1, 1991.

19A NCAC 01A .0507 Occupational Safety and Emergency Planning

History

Status: repealed
Authority G.S. 20-3; 20-26; 20-27; 20-43; 95-126(b)(2)1; 95-127(10); 95-148; 136-10; 143-49; 143-51; 143-157; 143B-10(b); 143B-348
Eff. July 1, 1978
Amended Eff. July 1, 1982; July 1, 1981
Repealed Eff. November 1, 1991.

19A NCAC 01A .0508 Management Engineering

History

Status: repealed
Authority G.S. 20-3; 20-26; 20-27; 20-43; 95-126(b)(2)1; 95-127(10); 95-148; 136-10; 143-49; 143-51; 143-157; 143B-10(b); 143B-348
Eff. July 1, 1978
Amended Eff. July 1, 1982; July 1, 1981
Repealed Eff. November 1, 1991.

19A NCAC 01A .0601 Identifying Information

History

Status: repealed
Authority G.S. 113-28.5; 113-28.6; 113-28.12; 136-44.20; 143B-10(a),(b); 143B-350(f),(g); 143B-355; 143B-356
Eff. July 1, 1978
Repealed Eff. November 1, 1991.

19A NCAC 01A .0602 Functions

History

Status: repealed
Authority G.S. 113-28.5; 113-28.6; 113-28.12; 136-44.20; 143B-10(a),(b); 143B-350(f),(g); 143B-355; 143B-356
Eff. July 1, 1978
Repealed Eff. November 1, 1991.

19A NCAC 01A .0603 Transportation Systems Planning Section

History

Status: repealed
Authority G.S. 113-28.5; 113-28.6; 113-28.12; 136-44.20; 143B-10(a),(b); 143B-350(f),(g); 143B-355; 143B-356
Eff. July 1, 1978
Repealed Eff. November 1, 1991.

19A NCAC 01A .0604 Bicycle and Bikeway Section

History

Status: repealed
Authority G.S. 113-28.5; 113-28.6; 113-28.12; 136-44.20; 143B-10(a),(b); 143B-350(f),(g); 143B-355; 143B-356
Eff. July 1, 1978
Repealed Eff. November 1, 1991.

19A NCAC 01A .0605 Public Transportation Division

History

Status: repealed
Authority G.S. 113-28.5; 113-28.6; 113-28.12; 136-44.20; 143B-10(a),(b); 143B-350(f),(g); 143B-355; 143B-356
Eff. July 1, 1978
Repealed Eff. November 1, 1991.

19A NCAC 01A .0606 Identifying Information: Division of Aeronautics

History

Status: repealed
Authority G.S. 113-28.5; 113-28.6; 113-28.12; 136-44.20; 143B-10(a),(b); 143B-350(f),(g); 143B-355; 143B-356
Eff. July 1, 1978
Repealed Eff. November 1, 1991.

19A NCAC 01A .0607 Functions: Division of Aeronautics

History

Status: repealed
Authority G.S. 113-28.5; 113-28.6; 113-28.12; 136-44.20; 143B-10(a),(b); 143B-350(f),(g); 143B-355; 143B-356
Eff. July 1, 1978
Repealed Eff. November 1, 1991.

19A NCAC 01A .0608 Airport Development Section

History

Status: repealed
Authority G.S. 113-28.5; 113-28.6; 113-28.12; 136-44.20; 143B-10(a),(b); 143B-350(f),(g); 143B-355; 143B-356
Eff. July 1, 1978
Repealed Eff. November 1, 1991.

19A NCAC 01A .0609 Air Transportation Development Section

History

Status: repealed
Authority G.S. 113-28.5; 113-28.6; 113-28.12; 136-44.20; 143B-10(a),(b); 143B-350(f),(g); 143B-355; 143B-356
Eff. July 1, 1978
Repealed Eff. November 1, 1991.

19A NCAC 01A .0610 Air Safety Section

History

Status: repealed
Authority G.S. 113-28.5; 113-28.6; 113-28.12; 136-44.20; 143B-10(a),(b); 143B-350(f),(g); 143B-355; 143B-356
Eff. July 1, 1978
Repealed Eff. November 1, 1991.

19A NCAC 01A .0611 Aeronautics Council

History

Status: repealed
Authority G.S. 113-28.5; 113-28.6; 113-28.12; 136-44.20; 143B-10(a),(b); 143B-350(f),(g); 143B-355; 143B-356
Eff. July 1, 1978
Repealed Eff. November 1, 1991.

19A NCAC 01A .0701 Identifying Information

History

Status: repealed
Authority G.S. 15A-401; 15-402; 20-1; 20-2; 20-3; 20-4.3; 20-7; 20-39; 20-40; 20-43; 20-49; 20-50; 20-63(h); 20-77; 20-84.2; 20-86.1; 20-87 to 20-93; 20-102; 20-104; 20-110; 20-111; 20-114; 20-118.1; 20-177; 20-183.2; 20-183.4; 20-183.5; 20-183.9; 20-218; 20-279.3; 20-279.4; 20-285; 20-315; 20-316; 20-321; 44A-4; 143B-360; 147-12(10)
Eff. July 1, 1978
Amended Eff. November 1, 1991; April 22, 1981
Repealed Eff. December 1, 1993.

19A NCAC 01A .0702 Functions

History

Status: repealed
Authority G.S. 15A-401; 15-402; 20-1; 20-2; 20-3; 20-4.3; 20-7; 20-39; 20-40; 20-43; 20-49; 20-50; 20-63(h); 20-77; 20-84.2; 20-86.1; 20-87 to 20-93; 20-102; 20-104; 20-110; 20-111; 20-114; 20-118.1; 20-177; 20-183.2; 20-183.4; 20-183.5; 20-183.9; 20-218; 20-279.3; 20-279.4; 20-285; 20-315; 20-316; 20-321; 44A-4; 143B-360; 147-12(10)
Eff. July 1, 1978
Amended Eff. November 1, 1991; April 22, 1981
Repealed Eff. December 1, 1993.

19A NCAC 01A .0703 Structure of the Division

History

Status: repealed
Authority G.S. 15A-401; 15-402; 20-1; 20-2; 20-3; 20-4.3; 20-7; 20-39; 20-40; 20-43; 20-49; 20-50; 20-63(h); 20-77; 20-84.2; 20-86.1; 20-87 to 20-93; 20-102; 20-104; 20-110; 20-111; 20-114; 20-118.1; 20-177; 20-183.2; 20-183.4; 20-183.5; 20-183.9; 20-218; 20-279.3; 20-279.4; 20-285; 20-315; 20-316; 20-321; 44A-4; 143B-360; 147-12(10)
Eff. July 1, 1978
Amended Eff. November 1, 1991; April 22, 1981
Repealed Eff. December 1, 1993.

19A NCAC 01A .0704 Commissioner

History

Status: repealed
Authority G.S. 15A-401; 15-402; 20-1; 20-2; 20-3; 20-4.3; 20-7; 20-39; 20-40; 20-43; 20-49; 20-50; 20-63(h); 20-77; 20-84.2; 20-86.1; 20-87 to 20-93; 20-102; 20-104; 20-110; 20-111; 20-114; 20-118.1; 20-177; 20-183.2; 20-183.4; 20-183.5; 20-183.9; 20-218; 20-279.3; 20-279.4; 20-285; 20-315; 20-316; 20-321; 44A-4; 143B-360; 147-12(10)
Eff. July 1, 1978
Amended Eff. November 1, 1991; April 22, 1981
Repealed Eff. December 1, 1993.

19A NCAC 01A .0705 Driver License Section

History

Status: repealed
Authority G.S. 15A-401; 15-402; 20-1; 20-2; 20-3; 20-4.3; 20-7; 20-39; 20-40; 20-43; 20-49; 20-50; 20-63(h); 20-77; 20-84.2; 20-86.1; 20-87 to 20-93; 20-102; 20-104; 20-110; 20-111; 20-114; 20-118.1; 20-177; 20-183.2; 20-183.4; 20-183.5; 20-183.9; 20-218; 20-279.3; 20-279.4; 20-285; 20-315; 20-316; 20-321; 44A-4; 143B-360; 147-12(10)
Eff. July 1, 1978
Amended Eff. November 1, 1991; April 22, 1981
Repealed Eff. December 1, 1993.

19A NCAC 01A .0706 Vehicle Registration Section

History

Status: repealed
Authority G.S. 15A-401; 15-402; 20-1; 20-2; 20-3; 20-4.3; 20-7; 20-39; 20-40; 20-43; 20-49; 20-50; 20-63(h); 20-77; 20-84.2; 20-86.1; 20-87 to 20-93; 20-102; 20-104; 20-110; 20-111; 20-114; 20-118.1; 20-177; 20-183.2; 20-183.4; 20-183.5; 20-183.9; 20-218; 20-279.3; 20-279.4; 20-285; 20-315; 20-316; 20-321; 44A-4; 143B-360; 147-12(10)
Eff. July 1, 1978
Amended Eff. November 1, 1991; April 22, 1981
Repealed Eff. December 1, 1993.

19A NCAC 01A .0707 Enforcement Section

History

Status: repealed
Authority G.S. 15A-401; 15-402; 20-1; 20-2; 20-3; 20-4.3; 20-7; 20-39; 20-40; 20-43; 20-49; 20-50; 20-63(h); 20-77; 20-84.2; 20-86.1; 20-87 to 20-93; 20-102; 20-104; 20-110; 20-111; 20-114; 20-118.1; 20-177; 20-183.2; 20-183.4; 20-183.5; 20-183.9; 20-218; 20-279.3; 20-279.4; 20-285; 20-315; 20-316; 20-321; 44A-4; 143B-360; 147-12(10)
Eff. July 1, 1978
Amended Eff. November 1, 1991; April 22, 1981
Repealed Eff. December 1, 1993.

19A NCAC 01A .0708 International Registration Plan (irp) Section

History

Status: repealed
Authority G.S. 15A-401; 15-402; 20-1; 20-2; 20-3; 20-4.3; 20-7; 20-39; 20-40; 20-43; 20-49; 20-50; 20-63(h); 20-77; 20-84.2; 20-86.1; 20-87 to 20-93; 20-102; 20-104; 20-110; 20-111; 20-114; 20-118.1; 20-177; 20-183.2; 20-183.4; 20-183.5; 20-183.9; 20-218; 20-279.3; 20-279.4; 20-285; 20-315; 20-316; 20-321; 44A-4; 143B-360; 147-12(10)
Eff. July 1, 1978
Amended Eff. November 1, 1991; April 22, 1981
Repealed Eff. December 1, 1993.

19A NCAC 01A .0709 Collision Reports/General Services Section

History

Status: repealed
Authority G.S. 15A-401; 15-402; 20-1; 20-2; 20-3; 20-4.3; 20-7; 20-39; 20-40; 20-43; 20-49; 20-50; 20-63(h); 20-77; 20-84.2; 20-86.1; 20-87 to 20-93; 20-102; 20-104; 20-110; 20-111; 20-114; 20-118.1; 20-177; 20-183.2; 20-183.4; 20-183.5; 20-183.9; 20-218; 20-279.3; 20-279.4; 20-285; 20-315; 20-316; 20-321; 44A-4; 143B-360; 147-12(10)
Eff. July 1, 1978
Amended Eff. November 1, 1991; April 22, 1981
Repealed Eff. December 1, 1993.

19A NCAC 01A .0710 School Bus and Traffic Safety Section

History

Status: repealed
Authority G.S. 15A-401; 15-402; 20-1; 20-2; 20-3; 20-4.3; 20-7; 20-39; 20-40; 20-43; 20-49; 20-50; 20-63(h); 20-77; 20-84.2; 20-86.1; 20-87 to 20-93; 20-102; 20-104; 20-110; 20-111; 20-114; 20-118.1; 20-177; 20-183.2; 20-183.4; 20-183.5; 20-183.9; 20-218; 20-279.3; 20-279.4; 20-285; 20-315; 20-316; 20-321; 44A-4; 143B-360; 147-12(10)
Eff. July 1, 1978
Amended Eff. November 1, 1991; April 22, 1981
Repealed Eff. December 1, 1993.

19A NCAC 01A .0711 Governor's Highway Safety Program

History

Status: repealed
Authority G.S. 15A-401; 15-402; 20-1; 20-2; 20-3; 20-4.3; 20-7; 20-39; 20-40; 20-43; 20-49; 20-50; 20-63(h); 20-77; 20-84.2; 20-86.1; 20-87 to 20-93; 20-102; 20-104; 20-110; 20-111; 20-114; 20-118.1; 20-177; 20-183.2; 20-183.4; 20-183.5; 20-183.9; 20-218; 20-279.3; 20-279.4; 20-285; 20-315; 20-316; 20-321; 44A-4; 143B-360; 147-12(10)
Eff. July 1, 1978
Amended Eff. November 1, 1991; April 22, 1981
Repealed Eff. December 1, 1993.

19A NCAC 01A .0801 Identifying Information

History

Status: repealed
Authority G.S. 143-392 through 143-394; 143B-359
Eff. July 1, 1978
Repealed Eff. June 1, 1982.

19A NCAC 01A .0802 Functions

History

Status: repealed
Authority G.S. 143-392 through 143-394; 143B-359
Eff. July 1, 1978
Repealed Eff. June 1, 1982.

19A NCAC 01A .0901 Identifying Information

History

Status: repealed
Authority G.S. 143B-358; 147-12(7); S.L. 1849, Ch. 82, s. 1
Eff. July 1, 1978
Amended Eff. November 1, 1991
Repealed Eff. November 1, 1993.

19A NCAC 01A .0902 Functions

History

Status: repealed
Authority G.S. 143B-358; 147-12(7); S.L. 1849, Ch. 82, s. 1
Eff. July 1, 1978
Amended Eff. November 1, 1991
Repealed Eff. November 1, 1993.

19A NCAC 01A .1001 Identifying Information

History

Status: repealed
Authority G.S. 143A-106; S.L. 1852, Ch. 136, s. 1
Eff. July 1, 1978
Repealed Eff. November 1, 1993.

19A NCAC 01A .1002 Functions

History

Status: repealed
Authority G.S. 143A-106; S.L. 1852, Ch. 136, s. 1
Eff. July 1, 1978
Repealed Eff. November 1, 1993.

Subchapter B

19A NCAC 01B .0101 Procedural Requirements

History

Status: repealed
Authority G.S. 20-1; 136-18; 143B-346; 143B-350(f), (g); 150A-1; 150A-10; 150A-23
Resolutions of the Board of Transportation: November 7, 1975, July 24, 1973
Eff. July 1, 1978
Repealed Eff. November 1, 1993.

19A NCAC 01B .0102 General Procedure

This Subchapter is to be read and applied in conjunction with the applicable statutes of the Administrative Procedure Act.

History

Authority G.S. 143B-350; 150B-18
Eff. July 1, 1978
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 01B .0103 Statutory Provisions

The procedures set forth in this Subchapter are in accordance with Article 2A of the Administrative Procedure Act. These procedures are established to implement Article 2A of the Administrative Procedure Act and should be read in conjunction with those statutory provisions.

History

Authority G.S. 143B-10(j); 143B-350; 150B-1; 150B-10(j)
Eff. July 1, 1978
Amended Eff. November 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 01B .0201 Petitioning Procedures

Any person wishing to submit a petition requesting the adoption, amendment, or repeal of a rule by the Department of Transportation shall submit a written petition to:

Secretary, Department of Transportation

Highway Building

1 South Wilmington Street

P.O. Box 25201

Raleigh, North Carolina 27611

The outside envelope containing the petition shall clearly display the notation:

RULEMAKING PETITION, RE: and then the subject area.

History

Authority G.S. 143B-10(j); 143B-350; 150B-20
Eff. July 1, 1978
Amended Eff. November 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 01B .0202 Contents of Petition

A petition for adoption, amendment or repeal of a rule shall include the following information:

(1) the rulemaking authority to which the petition is directed;

(2) an indication of the subject areas to which petition is directed;

(3) a draft of the proposed rule including a citation of any prior rules which will be amended by the proposed rule, and the statutory authority for the agency to adopt the rule;

(4) a statement of the reasons and argument for the proposal;

(5) a statement of the effect on existing rules or orders;

(6) the effects of the proposed rule or rule change;

(7) names and addresses of those who will be affected by the proposed rule or rule change; and

(8) names, addresses, and telephone numbers of petitioners.

History

Authority G.S. 143B-350; 150B-20
Eff. July 1, 1978
Amended Eff. November 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 01B .0203 Consideration and Disposition of Petition

(a) The Secretary of Transportation may designate a member of the Department of Transportation to determine whether to grant or deny the request for a rulemaking petition. The Secretary or his designee will determine, based on a study of the facts submitted in the petition, whether the public interest will be served by granting the petition. Prior to making this determination, the Secretary or his designee may request additional information from the petitioner; he may contact interested persons who will be affected by the proposed rule or rule change and request comments; he may use any other appropriate method for obtaining information on which to base his determination.

(b) Any designate of the Secretary shall make a recommendation to the Secretary for the institution of rulemaking proceedings or for the denial of the petition, as the case may be.

(c) If the decision is to deny the petition, the Secretary will notify the petitioner in writing, stating the reasons for the denial. If the decision is to grant the petition, the Secretary will initiate the rulemaking process and inform the petitioner in writing.

History

Authority G.S. 143B-350; 150B-20
Eff. July 1, 1978
Amended Eff. November 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 01B .0301 Hearing Officer

The Board of Transportation, as rulemaking authority for all transportation functions assigned to the Department of Transportation, has delegated the power to appoint the hearing officer or board to the Secretary of Transportation, who may, in his discretion, reassign this function.

History

Authority G.S. 143B-10(a); 143B-350
Eff. July 1, 1978
Amended Eff. November 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 01B .0302 Record of Hearings

(a) The rulemaking coordinator shall make a complete record of every rulemaking proceeding and it shall contain:

(1) the original petition;

(2) all notices;

(3) all written comments received or presented;

(4) a transcript or recording of all oral presentations made at a public hearing;

(5) the final draft of the rule;

(6) all written explanations made by the agency for adopting the rule;

(7) all filing submitted to the Office of Administrative Hearings;

(8) a copy of the published rule; and

(9) any other pertinent correspondence or records.

(b) A copy of this record shall be maintained in the Office of the Secretary.

History

Authority G.S. 143B-350; 150B-21; 150B-21.2
Eff. July 1, 1978
Amended Eff. November 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 01B .0401 Request for Declaratory Ruling

A request for a declaratory ruling must include the following information:

(1) the name, address and telephone numbers of the requesting party;

(2) the statute, rule, order, or ordinance to which the request relates; and

(3) a concise statement of the manner in which the requesting party is aggrieved by the rule, order, ordinance, or statute, or its potential application to him.

All requests for declaratory rulings shall be written and mailed or delivered to:

Secretary, Department of Transportation

Highway Building

1 South Wilmington Street

P.O. Box 25201

Raleigh, North Carolina 27611

History

Authority G.S. 150B-4
Eff. July 1, 1978
Amended Eff. November 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 01B .0402 Procedure

A declaratory ruling procedure may consist of written submissions or such other procedure as may be deemed appropriate in a particular case by the hearing officer.

History

Authority G.S. 150B-4
Eff. July 1, 1978
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 01B .0403 Basis for Denial of Request for Declaratory Ruling

The hearing officer may deny a request for a declaratory ruling for any of the following reasons:

(1) Similar determination made elsewhere that applies;

(2) Contested case hearing would be more appropriate;

(3) Matter is currently under litigation.

History

Authority G.S. 150B-4
Eff. July 1, 1978
Amended Eff. November 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 01B .0501 Inspection of General Rules: Policies: Etc.

The following are available for public inspection between 8:00 a.m. and 5:00 p.m. on Monday through Friday, holidays excepted, at:

Office of the Secretary

Department of Transportation

Highway Building

1 South Wilmington Street

Raleigh, North Carolina 27611:

(1) all rules and all other written statements of policy or interpretations formulated, adopted or used by the Department of Transportation;

(2) all orders, decisions, opinions and declaratory rulings, together with all materials used in formulating such; and

(3) all rules, codes, standards and regulations which have been adopted by reference by any rulemaking authority within the Department of Transportation.

History

Authority G.S. 132-6; 143B-350
Eff. July 1, 1978
Amended Eff. November 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 01B .0502 Inspection of Traffic Ordinances

Traffic Ordinances are available for public inspection at:

Transportation Mobility and Safety

(Mail) 1561 Mail Service Center

Raleigh, 27699-1561

(Delivery) 750 N. Greenfield Parkway

Garner, NC 27529

History

Authority G.S. 132-6; 143B-350
Eff. July 1, 1978
Amended Eff. October 1, 2013; November 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

Subchapter C

19A NCAC 01C .0101 Procedural Requirements

History

Status: repealed
Authority G.S. 20-1; 136-18(5); 143B-346; 143B-350(f), (g); 150A-1; 150A-23
Resolutions of the Board of Transportation of November 7, 1975, July 24, 1973
Eff. July 1, 1978
Repealed Eff. November 1, 1993.

19A NCAC 01C .0102 General Procedure

This Subchapter is to be read and applied in conjunction with the applicable statutes of the Administrative Procedure Act, but will not apply to the extent that any statute makes provisions to the contrary.

Note: The department is subject to the following procedures set forth in the statutes: G.S. 136-20 (railroad over- and under-passes); 136-22 (drainage canal cost distribution); 136-29 (adjustment of contractor claims); 136-41.3 (Powell Bill funds); 136-44.8 (secondary roads); 136-62 (right of petition to the Board of Transportation); 136-64 (road maintenance petitions); 136-67 (neighborhood public roads); 136-83 (ferry rates); 136-89.54 (controlled access roads); 136-103 through 136-121.1 (condemnation proceedings); 136-132 and 136-134.1 (outdoor advertising); 113-54 (sedimentation control); and the various procedures relating to motor vehicles in Chapter 20 of the General Statutes.

History

Authority G.S. 143B-350; 150B-1(e)
Eff. July 1, 1978
Amended Eff. November 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 01C .0201 Informal Negotiations

History

Status: repealed
Authority G.S. 136-29; 143B-10(j); 143B-350; 150B-1(e)(8); 150B-22
Eff. July 1, 1978
Amended Eff. November 1, 1993
Repealed Eff. March 1, 2013.

19A NCAC 01C .0202 Request for Administrative Hearing

History

Status: repealed
Authority G.S. 143B-10(a), (j); 143B-350(f); 150A-17; 150A-23; 150A-25; 150A-27; 150A-32; 150A-34
Eff. July 1, 1978
Repealed Eff. November 1, 1993.

19A NCAC 01C .0203 Hearing Officer

History

Status: repealed
Authority G.S. 143B-10(a), (j); 143B-350(f); 150A-17; 150A-23; 150A-25; 150A-27; 150A-32; 150A-34
Eff. July 1, 1978
Repealed Eff. November 1, 1993.

19A NCAC 01C .0204 Contested Cases and Declaratory Rulings

History

Status: repealed
Authority G.S. 143B-10(a), (j); 143B-350(f); 150A-17; 150A-23; 150A-25; 150A-27; 150A-32; 150A-34
Eff. July 1, 1978
Repealed Eff. November 1, 1993.

19A NCAC 01C .0205 Consideration of and Decision on Request

History

Status: repealed
Authority G.S. 143B-10(a), (j); 143B-350(f); 150A-17; 150A-23; 150A-25; 150A-27; 150A-32; 150A-34
Eff. July 1, 1978
Repealed Eff. November 1, 1993.

19A NCAC 01C .0206 Subpoena

History

Status: repealed
Authority G.S. 143B-10(a), (j); 143B-350(f); 150A-17; 150A-23; 150A-25; 150A-27; 150A-32; 150A-34
Eff. July 1, 1978
Repealed Eff. November 1, 1993.

19A NCAC 01C .0207 Continuances

History

Status: repealed
Authority G.S. 143B-10(a), (j); 143B-350(f); 150A-17; 150A-23; 150A-25; 150A-27; 150A-32; 150A-34
Eff. July 1, 1978
Repealed Eff. November 1, 1993.

19A NCAC 01C .0208 Proposal for Decision

History

Status: repealed
Authority G.S. 143B-10(a), (j); 143B-350(f); 150A-17; 150A-23; 150A-25; 150A-27; 150A-32; 150A-34
Eff. July 1, 1978
Repealed Eff. November 1, 1993.

19A NCAC 01C .0209 Official Record

A copy of the official record as required by Article 3 of the Administrative Procedure Act shall be on file with:

Secretary, Department of Transportation

Highway Building

1 South Wilmington Street

P.O. Box 25201

Raleigh, North Carolina 27611

History

Authority G.S. 143B-10(j); 143B-350; 150B-37
Eff. July 1, 1978
Amended Eff. November 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

Chapter 02 Division of Highways

Subchapter A

19A NCAC 02A .0101 General Responsibilities

History

Status: repealed
Authority G.S. 136-4; 143B-10
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 02A .0102 DUTIES OF Chief Engineer

The duties and responsibilities of the Chief Engineer conferred by law and delegated or prescribed by the Secretary or Board of Transportation include:

(1) recommend ordinances based upon engineering studies of the Traffic Engineering Branch;

(2) enter into agreements and contracts for the board;

(3) carry out Board programs and functions;

(4) powers and duties concerning highway right of way acquisitions which may be subdelegated to the right of way branch;

(5) negotiate and execute contracts with right of way fee appraisers;

(6) negotiate and enter into agreements under the Uniform Relocation Assistance and Real Property Acquisition Policies Act;

(7) make spot safety improvement funds for primary, secondary, and urban safety projects available as needed and that said authority may be delegated to the Manager of Traffic Engineering by the Chief Engineer;

(8) execute lease or rental agreements on behalf of the State;

(9) inspect the State roadway system annually to determine the need, priorities, and scheduling for major maintenance, retreatment or resurfacing (subject to the Board's approval) in each engineering division;

(10) determine the need for temporary traffic control devices for special events;

(11) review and approve median opening requests;

(12) review and approve civic, non-profit, or charitable organization safety rest stop activities;

(13) handle and execute bicycle trails joint use rights of way;

(14) consider and issue or deny permits for intermittent closing of secondary roads within watershed improvement projects;

(15) issue special overweight and over-dimension permits;

(16) authorize crop cultivation within rights of way;

(17) authorize garbage collection container sites on rights of way;

(18) authorize construction within the right of way;

(19) permit construction of railroad tracks across any portion of the roadway system;

(20) review, investigate and allow or deny contractor settlement claims for construction;

(21) determine existence of emergency situation justifying the waiver of the bidding requirements as described in the general statutes;

(22) implement, subject to discretionary review by the Secretary of Transportation, those rules and ordinances pertaining to highway matters which are delegated to him by the Secretary of Transportation;

(23) submit a priority list and consult with Board of Transportation members in each major maintenance, retreatment or resurfacing project as requested by the Board members;

(24) hold bid withdrawal hearings;

(25) submit applications to the Federal Emergency Management Agency and to execute the assurances and agreements and other documents on behalf of the Department of Transportation necessary for Federal Disaster Assistance, including the Designation of Applicants Agents, Assurances and Agreements, Damage Survey Reports and Requests for Payments. The Chief Engineer is further authorized to subdelegate the authority and duty for Federal Disaster Assistance on behalf of the Department of Transportation to the Chief Engineer's designee.

History

Authority G.S. 20-119; 133-5 thru 17; 136-18(5); 136-18(11); 136-18.3; 136-19; 136-28.1; 136-29; 136-30; 136-44.1; 136-64.1(d); 136-71.9; 136-89.51; 136-93; 143B-10(j); 143B-350(f); 143B-350(g)
Eff. July 1, 1978
Amended Eff. December 1, 2012; December 1, 1993; November 1, 1991; October 1, 1991; January 1, 1986
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02A .0201 State Highway Administrator's Authority

History

Status: repealed
Authority G.S. 146-32(2); 143B-350(f); 143B-350(g)
Authority Council of State Resolution of August 9, 1972
Eff. July 1, 1978
Repealed Eff. January 1, 1994 pursuant to 1991 S.L., c. 477, s. 3.

19A NCAC 02A .0202 Fiscal Section's Responsibility

History

Status: repealed
Authority G.S. 146-25.1; 146-27; 146-32(2); 143B-350(f); 143B-350(g)
Eff. July 1, 1978
Repealed Eff. November 1, 1991.

Subchapter B

19A NCAC 02B .0101 General

History

Status: repealed
Authority G.S. 133-5; 133-17; 136-18(2); 136-18(10); 136-18(16);136-18(23); 136-19; 136-19.1 to 136-19.3; 136-44.11; 136-89.52; 136-103; 136-131 to 132; 136-148; 143B-350B(f),(g)
Eff. July 1, 1978
Amended Eff. November 1, 1991; October 1, 1991; June 1, 1985
Repealed Eff. October 1, 1993.

19A NCAC 02B .0102 Delegation to Manager and Assistant Manager

History

Status: repealed
Authority G.S. 133-5; 133-17; 136-18(2); 136-18(10); 136-18(16);136-18(23); 136-19; 136-19.1 to 136-19.3; 136-44.11; 136-89.52; 136-103; 136-131 to 132; 136-148; 143B-350B(f),(g)
Eff. July 1, 1978
Amended Eff. November 1, 1991; October 1, 1991; June 1, 1985
Repealed Eff. October 1, 1993.

19A NCAC 02B .0103 Delegation by Manager of Right of Way Branch

History

Status: repealed
Authority G.S. 133-5; 133-17; 136-18(2); 136-18(10); 136-18(16);136-18(23); 136-19; 136-19.1 to 136-19.3; 136-44.11; 136-89.52; 136-103; 136-131 to 132; 136-148; 143B-350B(f),(g)
Eff. July 1, 1978
Amended Eff. November 1, 1991; October 1, 1991; June 1, 1985
Repealed Eff. October 1, 1993.

19A NCAC 02B .0104 General Procedure Under Right of Way Acquisition

History

Status: repealed
Authority G.S. 133-5; 133-17; 136-18(2); 136-18(10); 136-18(16);136-18(23); 136-19; 136-19.1 to 136-19.3; 136-44.11; 136-89.52; 136-103; 136-131 to 132; 136-148; 143B-350B(f),(g)
Eff. July 1, 1978
Amended Eff. November 1, 1991; October 1, 1991; June 1, 1985
Repealed Eff. October 1, 1993.

19A NCAC 02B .0105 Purpose of the Appraisal

History

Status: repealed
Authority G.S. 133-5; 133-17; 136-18(2); 136-18(10); 136-18(16);136-18(23); 136-19; 136-19.1 to 136-19.3; 136-44.11; 136-89.52; 136-103; 136-131 to 132; 136-148; 143B-350B(f),(g)
Eff. July 1, 1978
Amended Eff. November 1, 1991; October 1, 1991; June 1, 1985
Repealed Eff. October 1, 1993.

19A NCAC 02B .0106 Contact with Property Owners

History

Status: repealed
Authority G.S. 133-5; 133-17; 136-18(2); 136-18(10); 136-18(16);136-18(23); 136-19; 136-19.1 to 136-19.3; 136-44.11; 136-89.52; 136-103; 136-131 to 132; 136-148; 143B-350B(f),(g)
Eff. July 1, 1978
Amended Eff. November 1, 1991; October 1, 1991; June 1, 1985
Repealed Eff. October 1, 1993.

19A NCAC 02B .0107 Appraisal Contracts

History

Status: repealed
Authority G.S. 133-5; 133-17; 136-18(2); 136-18(10); 136-18(16);136-18(23); 136-19; 136-19.1 to 136-19.3; 136-44.11; 136-89.52; 136-103; 136-131 to 132; 136-148; 143B-350B(f),(g)
Eff. July 1, 1978
Amended Eff. November 1, 1991; October 1, 1991; June 1, 1985
Repealed Eff. October 1, 1993.

19A NCAC 02B .0108 Number of Appraisals

History

Status: repealed
Authority G.S. 133-5; 133-17; 136-18(2); 136-18(10); 136-18(16);136-18(23); 136-19; 136-19.1 to 136-19.3; 136-44.11; 136-89.52; 136-103; 136-131 to 132; 136-148; 143B-350B(f),(g)
Eff. July 1, 1978
Amended Eff. November 1, 1991; October 1, 1991; June 1, 1985
Repealed Eff. October 1, 1993.

19A NCAC 02B .0109 Acquisition Other Than Unimproved State Secondary Roads

History

Status: repealed
Authority G.S. 136-18(2); 136-19; 143B-350(f),(g)
Eff. July 1, 1978
Repealed Eff. November 1, 1991.

19A NCAC 02B .0110 Property Owner's Appraisals

History

Status: repealed
Authority G.S. 136-18(2); 136-19; 143B-350(f),(g)
Eff. July 1, 1978
Repealed Eff. October 1, 1993.

19A NCAC 02B .0111 Negotiation by Correspondence

History

Status: repealed
Authority G.S. 136-18(2); 136-19; 143B-350(f),(g)
Eff. July 1, 1978
Repealed Eff. November 1, 1991.

19A NCAC 02B .0112 Negotiation with Owner (his Agent or Attorney)

History

Status: repealed
Authority G.S. 136-18(2); 136-19; 143B-350(f),(g)
Eff. July 1, 1978
Repealed Eff. October 1, 1993.

19A NCAC 02B .0113 Negotiation for Property Under Lease

History

Status: repealed
Authority G.S. 136-18(2); 136-19; 143B-350(f),(g)
Eff. July 1, 1978
Repealed Eff. October 1, 1993.

19A NCAC 02B .0114 Negotiation with Department of Transportation Employees

When acquiring right of way from Department of Transportation employees performing highway functions:

(1) The appraisal of any property having damages in excess of two thousand five hundred dollars ($2,500), owned by an employee of the Department of Transportation, shall be made by an independent fee appraiser, rather than a staff appraiser;

(2) The Right of Way Review Board shall pass on the approval of the appraisal of any employee of the Right of Way Branch, or any other employee of the Department of Transportation performing highway functions at salary grade 73 or above;

(3) Right of way acquisitions may be negotiated at the approved appraisal with employees below salary grade 73;

(4) Right of way acquired from any employee of the Department of Transportation performing highway functions at salary grade 73 or above shall not be acquired by negotiation but by the filing of a complaint and declaration of taking.

History

Authority G.S. 136-18(2); 136-19; 143B-350(f),(g)
Eff. July 1, 1978
Amended Eff. October 1, 1993; November 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0115 Negotiation with Local Government Units

History

Status: repealed
Authority G.S. 136-18(2); 136-19; 143B-24; 143B-350(f),(g); 146-25.1; 146-32(2)
Eff. July 1, 1978
Repealed Eff. October 1, 1993.

19A NCAC 02B .0116 Negotiation with Federal Agencies

History

Status: repealed
Authority G.S. 136-18(2); 136-19; 143B-24; 143B-350(f),(g); 146-25.1; 146-32(2)
Eff. July 1, 1978
Repealed Eff. October 1, 1993.

19A NCAC 02B .0117 Property Leased to Federal Agencies

History

Status: repealed
Authority G.S. 136-18(2); 136-19; 143B-24; 143B-350(f),(g); 146-25.1; 146-32(2)
Eff. July 1, 1978
Repealed Eff. October 1, 1993.

19A NCAC 02B .0118 Negotiation with the U. S. Forest Service

History

Status: repealed
Authority G.S. 136-18(2); 136-19; 143B-24; 143B-350(f),(g); 146-25.1; 146-32(2)
Eff. July 1, 1978
Repealed Eff. October 1, 1993.

19A NCAC 02B .0119 Negotiation with Municipalities and Municipal Agreements

History

Authority G.S. 136-18(2); 136-19; 136-66.3; 143B-24; 143B-350(f),(g)
Eff. July 1, 1978
Transferred and Recodified to 19A NCAC 2B .0315 Eff. October 1, 1993.

19A NCAC 02B .0120 Agreements for Entry

History

Status: repealed
Authority G.S. 136-18(2); 136-19; 143B-350(f),(g)
Eff. July 1, 1978
Amended Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0121 Right of Way Donations

History

Status: repealed
Authority G.S. 136-18(2); 136-19; 143B-350(f),(g)
Eff. July 1, 1978
Amended Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0122 Disposition of Improvements Purchased by the Board

History

Status: repealed
Authority G.S. 136-18(2); 136-19; 143B-350(f),(g)
Eff. July 1, 1978
Repealed Eff. November 1, 1991.

19A NCAC 02B .0123 Secondary Road Right of Way

History

Status: repealed
Authority G.S. 136-18(2); 136-18(26); 136-29; 136-44.7
Eff. July 1, 1978
Amended Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0124 Personal Property Not to Be Acquired

History

Authority G.S. 136-18(2); 136-19; 143B-350(f),(g)
Eff. July 1, 1978
Transferred and Recodified to 19A NCAC 2B .0316 Eff. October 1, 1993.

19A NCAC 02B .0125 Stock or Vehicular Underpasses

History

Status: repealed
Authority G.S. 136-18(2); 136-19; 143B-350(f),(g)
Eff. July 1, 1978
Repealed Eff. October 1, 1993.

19A NCAC 02B .0126 Payment to Parties Other Than the Owner of Record Title

History

Status: repealed
Authority G.S. 136-18(2); 136-19; 143B-350(f),(g)
Eff. July 1, 1978
Repealed Eff. October 1, 1993.

19A NCAC 02B .0127 Instruments of Conveyance Used for Highway Beautification

History

Status: repealed
Authority G.S. 136-18(2); 136-19; 143B-350(f),(g)
Eff. July 1, 1978
Repealed Eff. October 1, 1993.

19A NCAC 02B .0128 Preparation of Instruments of Conveyance

History

Status: repealed
Authority G.S. 136-18(2); 136-19; 143B-350(f),(g)
Eff. July 1, 1978
Repealed Eff. October 1, 1993.

19A NCAC 02B .0129 No Obligation Other Than in Agreement Will Be Recognized

History

Status: expired
Authority G.S. 136-18(2); 136-19; 143B-350(f),(g)
Eff. July 1, 1978
Amended Eff. October 1, 1993; November 1, 1991
Expired Eff. October 1, 2016 pursuant to G.S. 150B-21.3A.

19A NCAC 02B .0130 Construction Outside the Right of Way

History

Status: repealed
Authority G.S. 136-18(2); 136-19; 136-103; 143B-350(f),(g)
Eff. July 1, 1978
Repealed Eff. October 1, 1993.

19A NCAC 02B .0131 Conditions Precedent to Condemnation

Condemnation will not be instituted until the property owner has been made an offer of settlement and has been allowed a period of two weeks in which to consider the offer. The waiting period may be waived in those instances where, after the offer is made, the property owner emphatically states that he has no intention of settling and would prefer that the compensation be determined by the courts. In unusual instances where questions of title or ownership make it impossible to conduct or conclude negotiations, condemnation may be instituted without making an offer. However, such person, if any, who may be in charge of the property or who may claim "color of title" shall be advised of the action contemplated by the Department of Transportation.

History

Authority G.S. 136-18(2); 136-19; 136-103; 143B-350(f),(g)
Eff. July 1, 1978
Amended Eff. October 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0132 Notice to Owner of Intent to Condemn

The Right of Way agent shall mail to the property owner a letter advising him of Department of Transportation intent to proceed with condemnation. The letter shall specify the amount of the offer and give the property owner a time limit in which to accept the offer. The date specified in this letter shall not be later than the last working day before the filing date. If there is a lease involved, the letter will be sent to both the lessor and lessee.

History

Authority G.S. 136-18(2); 136-19; 136-103; 143B-350(f),(g)
Eff. July 1, 1978
Amended Eff. October 1, 1993; July 2, 1979
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0133 Notice to Displacees to Vacate

Written notice of when to vacate will be given to all parties owning personal property located within the taking. This notification will be given to owners, and tenants when persons are lawfully occupying real property as a home, farm, business, barn, or outbuilding.

History

Authority G.S. 136-18(2); 136-19; 136-103; 143B-350(f),(g)
Eff. July 1, 1978
Amended Eff. October 1, 1993; July 2, 1979
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0134 Settlement of Claims After Institution of Suit and Deposit

History

Status: repealed
Authority G.S. 136-18(2); 136-19; 136-103; 143B-350(f),(g)
Eff. July 1, 1978
Amended Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0135 Occupancy of Improvement After Acquisition

History

Status: repealed
Authority G.S. 136-18(2); 136-19; 136-103; 143B-350(f),(g)
Eff. July 1, 1978
Amended Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0136 Improvements Not to Be Moved

History

Status: repealed
Authority G.S. 136-18(2); 136-19; 136-103; 143B-350(f),(g)
Eff. July 1, 1978
Amended Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0137 Rodent Control Procedures

History

Status: repealed
Authority G.S. 136-18(2); 136-19; 136-103; 143B-350(f),(g)
Eff. July 1, 1978
Amended Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0138 Disposition of Improvements

All improvements that are acquired in connection with the right of way are to be disposed of by one of the following methods:

(1) resold to the property owner for the retention value placed upon the improvement by the appraisal,

(2) sold by public sale or by a negotiated sale if no bids are received after public advertisement,

(3) demolished by the roadway contractor or by demolition contract,

(4) retained by the Department for other public use,

(5) sold to a displacee for replacement housing.

History

Authority G.S. 136-18(2); 136-19; 143B-350(f),(g)
Eff. July 1, 1978
Amended Eff. October 1, 1993; November 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0139 Public Sale of Improvements

(a) Improvements acquired by the Department of Transportation that are not resold to the property owner may be disposed of by a public sale. Sales shall be by means of sealed bids or auction sale.

(b) If no bids are received for the sale of improvements after public advertisement, the improvements will be sold by negotiation with individuals interested in purchasing them.

History

Authority G.S. 136-18(2); 136-19; 143B-350(f),(g)
Eff. July 1, 1978
Amended Eff. October 1, 1993; November 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0140 Public Sale of Improvements with Land Residue

History

Status: repealed
Authority G.S. 136-18(2); 136-19; 143B-350(f),(g)
Eff. July 1, 1978
Repealed Eff. October 1, 1993.

19A NCAC 02B .0141 Disposition of Improvements by Moving Contract

The Department of Transportation will not enter into agreements with property owners to move buildings from the right of way except where a contractual obligation exists under a previous agreement with the property owner or where on secondary road improvement projects, a property owner has donated the right of way and it has been agreed the buildings within the right of way will be moved by the Department of Transportation. Where a contractual obligation exists under a former agreement to move a building, the property owner may sell the building to the Department of Transportation rather than have it moved.

History

Authority G.S. 136-18(2); 136-19; 143B-350(f),(g)
Eff. July 1, 1978
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0142 Removal of Graves or Cemeteries

(a) If it is necessary to remove a cemetery or graves from the limits of highway right of way, the preferred procedure to follow is by consent of the next of kin. Since all work pertaining to the removal of graves shall be under supervision and direction of the county board of commissioners or other appropriate official, including the local health director, the Relocation Agent shall ascertain the proper party to contact in each county in which graves will be disinterred or reinterred. A letter from the Relocation Agent to the board of county commissioners shall be written indicating that the Department of Transportation is certifying the necessity for moving the graves or cemetery from the right of way of the proposed project.

(b) The remains may be removed to a burial plot in the same cemetery, and this practice shall be encouraged wherever possible. If requested by the next of kin, however, the remains may be removed to another cemetery or location in the community. In the event the remains are being removed and relocated in a cemetery that will not permit above ground markers or headstones, a provision shall be placed in the form regarding the disposition of the markers that are located in the cemetery and the existing markers shall be buried with the remains at the new grave site. The agent must arrange for and secure the substitute burial plot with the Department of Transportation paying all expenses of disinterment, removal, and reinterment, including the actual reasonable expense that the next of kin incurred in attending the disinterment and reinterment. The expenses of the next of kin may not exceed the sum of two hundred dollars ($200). Deeds to substitute burial plots shall be drawn in favor of the next of kin. If no next of kin can be located, the plot shall be deeded to the county, if agreeable, and to the Department of Transportation as the last resort.

(c) In the event that no next of kin can be located or the next of kin will not grant permission for the removal of the remains, the Department of Transportation shall apply the procedures in G.S. 65-13.

History

Authority G.S. 65-13; 136-18(2); 136-18(20); 136-19; 143B-350(f),(g)
Eff. July 1, 1978
Amended Eff. October 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0143 The Sale of Surplus Lands

History

Status: repealed
Authority G.S. 136-18(2); 136-19; 143B-350(f),(g); 150B-21.3A
Eff. July 1, 1978
Amended Eff. November 1, 1993; October 1, 1991; February 1, 1988; November 1, 1982
Repealed Eff. February 1, 2019.

19A NCAC 02B .0144 Sales of Surplus Lands

History

Status: expired
Authority G.S. 136-18(2); 136-19; 143B-350(f),(g)
Eff. July 1, 1978
Amended Eff. October 1, 1991
Expired Eff. October 1, 2016 pursuant to G.S. 150B-21.3A.

19A NCAC 02B .0145 Copies of Forms

History

Status: repealed
Authority G.S. 136-18(2); 136-19; 143B-350(f),(g); 150B-21.3A
Eff. July 1, 1978
Amended Eff. November 1, 1991
Repealed Eff. February 1, 2019.

19A NCAC 02B .0146 Relocation Assistance Manual

History

Status: repealed
Legislative Objection Lodged Eff. August 19, 1980
Legislative Objection Removed Eff. April 23, 1981
Authority G.S. 133-6; 133-14; 150A-63(c)
Eff. July 1, 1978
Amended Eff. April 11, 1980
Repealed Eff. April 3, 1981.

19A NCAC 02B .0147 Obtaining Copies

History

Status: repealed
Authority G.S. 136-6; 150A-62
Eff. July 1, 1978
Repealed Eff. April 3, 1981.

19A NCAC 02B .0148 Utility Encroachments

History

Status: repealed
Legislative Objection Lodged Eff. August 19, 1980
Legislative Objection Removed Eff. April 23, 1981
Authority G.S. 136-18(1); 136-93; 150A-63(c)
Eff. July 1, 1978
Amended Eff. April 11, 1980
Repealed Eff. April 3, 1981.

19A NCAC 02B .0149 Obtaining Copies

History

Status: repealed
Authority G.S. 150A-62
Eff. July 1, 1978
Repealed Eff. April 3, 1981.

19A NCAC 02B .0150 Railroad right of way definitions

The following definitions apply to Rules .0150 through .0158 of this Subchapter.

(1) "At-grade crossing" means an intersection where roadways and railroads join or cross at the same level.

(2) "Closed crossing" means a location where a previous crossing no longer exists because either the railroad tracks have been removed, or each pathway or roadway approach to the crossing has been removed, leaving behind no intersection of railroad tracks with either a pathway or roadway. A grade-separated highway-rail crossing that has been removed shall be considered a closed crossing.

(3) "Crossing Agreement" means a written agreement between the Department and a railroad through which the railroad permits the Department to build a road across the railroad's tracks.

(4) "Facilities" means real or personal property, or any interest in that property, that is situated for the provision of a freight or passenger rail fixed guideway facility or system. The term includes all property or interests necessary or convenient for the acquiring, providing, using, or equipping of a rail fixed guideway facility or system, including rights-of-way, trackwork, train controls, stations, and maintenance facilities.

(5) "Flange guard" means a protective edge, rib, or rim made of rubber, steel, timber, or any other composite material on any object such as the base of a rail, on the top and bottom horizontal parts of a beam, or girder.

(6) "Grade" means the rate of ascent or descent of a roadway, expressed as a percentage and calculated by the change in roadway elevation per unit of horizontal length.

(7) "Grade point" means the point where the new construction of a facility ties into and terminates at the existing facility.

(8) "Grade separation" means a crossing of a highway and a railroad at different levels that allows unimpeded traffic movement.

(9) "Railroad" means an entity that owns or maintains the track through the at-grade crossing, or an entity that operates one or more trains through an at-grade crossing or grade separated crossing on or connected to the general railroad system of transportation.

(10) "Separated" means the travelways of two transportation facilities, such as two highways or a highway and a railroad, that are disconnected by means of a bridge so that traffic on one shall not conflict with traffic on the other.

(11) "Separation structure" means the bridge structure that separates the travelways of the two transportation facilities.

(12) "Track" means an assembly of rails, ties, and fastenings that cars, locomotives, and trains traverse.

(13) "Traffic control device" means a sign, signal, marking, or other device placed on or adjacent to a street or highway by authority of a public body or official having jurisdiction to regulate, warn, or guide traffic.

History

Authority G.S. 136-18(5); 136-18(11); 136-20; 150B-2(8a)(h)
Eff. July 1, 1978
Amended Eff. December 1, 2012
Readopted Eff. June 1, 2019.

19A NCAC 02B .0151 Railroad Grade Crossing Signs and Signals

History

Status: repealed
Authority G.S. 136-18(5); 136-18(11); 136-20
Eff. July 1, 1978
Amended Eff. November 1, 1991
Repealed Eff. November 1, 1993.

19A NCAC 02B .0152 Signalization of Existing Grade Crossing

History

Status: repealed
Authority G.S. 136-18(5); 136-18(11); 136-20; 150B-21.3A
Eff. July 1, 1978
Amended Eff. December 1, 1993
Repealed Eff. June 1, 2019.

19A NCAC 02B .0153 NEW at-grade CROSSING

(a) It shall be unlawful to construct a railroad track across any portion of the State highway system without the Secretary of Transportation or the Secretary's designee providing a written statement of approval. The Secretary or designee's determination shall consider rail crossing engineering standards for safety, location, sight lines, traffic volume, grade, horizontal alignment, curvature, cant and the number of traffic lanes.

(b) A crossing agreement shall be required for any construction or relocation of railroad track across the State highway system, and any construction or relocation of the State highway system across already existing railroad track. The crossing agreement shall list the construction, maintenance, safety device installation, and funding responsibilities of each party.

(c) Where the construction of a new road or the relocation of an existing road involves an additional or a new crossing and does not involve the elimination of an existing crossing, the railroad shall not be required to bear any costs of signalization or separation, either at the time of the initial construction or within a 20-year period from the execution of the Crossing Agreement if the Department determines during that 20-year period that a signalization or a separation structure shall be required.

(d) If a crossing in existence prior to December 3, 1966 shall be eliminated by the relocation of an existing road, Rule .0155 of this Section shall apply.

(e) The following shall be required for the construction of a new municipal street across an already existing railroad track, or railroad tracks across the municipal street system.

(1) If a municipality and railroad seek to enter into an agreement for the construction of a new municipal street, meaning a street forming a part of the municipal street system consisting of those streets or highways that are not a part of the State highway system, across a railroad track, at-grade, the municipality or public authority responsible for the maintenance, construction, reconstruction, and right-of-way acquisition for the municipal street system shall provide the Rail Division Director with 60-days' notice prior to the execution of the agreement. If the municipality anticipates there to be less than 60 days between the negotiations and execution of the agreement, the municipality shall notify the Director upon commencement of agreement negotiations.

(2) If a municipality and railroad seek to enter into an agreement for the construction of a new railroad track across the municipal street system, at-grade, the municipality or public authority responsible for the maintenance, construction, reconstruction, and right-of-way acquisition for the municipal street system shall provide the Rail Division Director with 60-days' notice prior to the execution of the agreement. If the municipality anticipates there to be less than 60 days between the negotiations and execution of the agreement, the municipality shall notify the Director upon commencement of agreement negotiations.

(3) If a private developer and a railroad seek to enter into an agreement for the construction of a railroad track across the municipal street system, at-grade, or a new municipal street across a railroad track, at-grade, the private developer shall provide the Rail Division Director with 60-days' notice prior to the execution of the agreement. If the private developer anticipates there to be less than 60 days between the negotiations and execution of the agreement, the private developer shall notify the Director upon commencement of agreement negotiations.

(4) Notice shall be in writing and shall be effective upon receipt by the Rail Division Director. Notice may be delivered personally, by email, sent by overnight courier with recipient's signature or other electronic acknowledgement of receipt from the recipient requested, or by certified or registered mail, postage prepaid. Please address all physical copies of the required notice to the Rail Division Director at 1553 Mail Service Center, Raleigh, NC 27699-1553. The Rail Division Director's email address may be found, free of charge, at https://apps.ncdot.gov/dot/directory/authenticated/UnitPage.aspx?id=3393.

(5) Notice shall include the following information:

(A) the name, address, telephone number, and email address of the entity submitting the notice;

(B) a description of the anticipated crossing, including whether the agreement is for the construction of a railroad track across the municipal street system, or the construction of a municipal street across an already existing railroad track;

(D) the railroad milepost number, if an already existing railroad track; and

(E) the State maintained road number or name, if an already existing road.

History

Authority G.S. 136-18(5); 136-18(11); 136-20; 136-20.1; 136-66.1; 136-195
Eff. July 1, 1978
Amended Eff. December 1, 1993
Readopted Eff. June 1, 2019.

19A NCAC 02B .0154 Railroad Separation Structures

(a) Whenever any highway project provides for the construction of a separation structure over or under the railroad, the Department shall construct the separation structure to provide for an additional track upon the request of the railroad and the furnishing of the justification or enter into an agreement with the railroad to provide for the additional track if such tracks are constructed and placed in use within a 20-year period from the signing of the agreement.

(b) If a grade crossing that was in existence prior to December 3, 1966, is separated, the railroad shall pay five percent of the cost of the separation structure and approaches from grade point to grade point.

(c) If the separation structure eliminated the crossing at-grade, the railroad shall pay five percent of the total costs of the separation structure and approaches from grade point to grade point as constructed initially and five percent of the costs of the widening of the structure within the 20-year period.

(d) If the separation structure is an additional or new crossing and no existing crossing is closed, the Board of Transportation shall pay the entire cost of the structure including the provision for additional tracks on request by the railroad with justification, or will pay the entire cost of widening the structure within the aforementioned 20-year period.

History

Authority G.S. 136-18(5); 136-18(11); 136-20
Eff. July 1, 1978
Readopted Eff. June 1, 2019.

19A NCAC 02B .0155 Existing At-grade crossing

(a) If the construction, reconstruction, or maintenance of an existing at-grade crossing causes any road, street, or highway forming a part of the State highway system to cross or intersect any railroad, including an industrial siding, at the same level or grade, the railroad shall be responsible for the following:

(1) construction and maintenance of the crossing and the area between the ends of the ties and the edge of the pavement of the main traveled lanes plus a maximum of 10 feet of the usable shoulders; and

(2) construction cost of the crossing for the pavement width and maintenance for the entire area herein described at its own expense.

(b) Pursuant to G.S. 136-20(h), the railroad shall be responsible for 50 percent of annual maintenance costs of grade crossing signals.

(c) A railroad, county, city, or other political subdivision of the State may identify and propose at-grade crossings for potential closure by submitting a Crossing Closure Request to the Rail Division Director as follows:

(1) The Crossing Closure Request shall be addressed to the Rail Division Director, 1553 Mail Service Center, Raleigh, North Carolina, 27699-1553 and contain the following information:

(A) name of the entity submitting the request;

(B) name of the county, city, or political subdivision where the crossing is located;

(D) railroad milepost number;

(E) State maintained road number or name; and

(F) any existing protection at the crossing.

(2) The Rail Division shall review the Crossing Closure Request and make a final recommendation to the Board of Transportation upon the consideration of transportation impacts, including emergency access, safety, feasibility, and public convenience.

(3) If upon the consideration of the Rail Division's final recommendation, the Board of Transportation approves the at-grade closure, the Rail Division shall give notice to the governing body within which the at-grade crossing is located, direct the Railroad to close or remove the crossing within 60 days, and coordinate with the Railroad the responsibilities for removal.

History

Authority G.S. 136-18(5); 136-18(11); 136-20
Eff. July 1, 1978
Amended Eff. October 1, 1993
Readopted Eff. June 1, 2019.

19A NCAC 02B .0156 Paving of Roadway Surface Crossing Railroad Tracks

When any road, street or highway forming a link in the State highway system is being surfaced or resurfaced, the Department of Transportation shall, pave the roadway surface across the crossing upon request by the railroad. The railroad shall provide and place at its own expense the necessary crossing flange guards on rail guards and otherwise adjust the facilities to meet the level of the finished road surface.

History

Authority G.S. 136-18(5); 136-18(11); 136-20
Eff. July 1, 1978
Amended Eff. October 1, 1993
Readopted Eff. June 1, 2019.

19A NCAC 02B .0157 Cost of Changing Elevation of Railroad Facilities

When the grade of any road, street, or highway requires a change in the elevation of the railroad's tracks or facilities, except those changes required by surfacing or resurfacing, the Department shall pay for the necessary change in the railroad facilities that may be required to meet the grade of the finished road surface.

History

Authority G.S. 136-18(5); 136-18(11); 136-20
Eff. July 1, 1978
Amended Eff. October 1, 1993
Readopted Eff. June 1, 2019.

19A NCAC 02B .0158 Changing Grade of Road When Grade of Rr Tracks Is Changed

When any railroad changes the grades of its tracks where the tracks cross or intersect any road, street, or highway of the State highway system, the railroad shall be responsible for adjusting, at its own expense, the grade of such road, street or highway as required to meet the change in grade of the railroad's tracks or facilities. Any adjustment of the road, street or highway shall be made in accordance with Departmental engineering standards. A minimum of ten feet runoff shall be required for each inch of difference in elevation between track grade and road grade. The Department may contract with the railroad to perform the asphalt run-off work on a 100 percent reimbursement basis.

History

Authority G.S. 136-18(5); 136-18(11); 136-20
Eff. July 1, 1978
Amended Eff. October 1, 1993; November 1, 1991
Readopted Eff. June 1, 2019.

19A NCAC 02B .0159 Notification to Railroads

History

Status: repealed
Authority G.S. 136-18(2); 136-19; 136-20(f)
Eff. July 1, 1978
Repealed Eff. October 1, 1993.

19A NCAC 02B .0160 Width of Right of Way

History

Status: repealed
Authority G.S. 136-18(2); 136-19; 136-20(f)
Eff. July 1, 1978
Repealed Eff. October 1, 1993.

19A NCAC 02B .0161 Bicycle Trails

History

Authority G.S. 136-71.9; 136-71.10
Eff. July 1, 1978
Amended Eff. October 1, 1993
Transferred and Recodified to 19A NCAC 2E .0427 Eff. October 1, 1993.

19A NCAC 02B .0162 Delegation to Director of Planning and Programming

History

Status: repealed
Authority G.S. 143B-350
Eff. March 1, 1989
Amended Eff. October 1, 1993
Repealed Eff. December 1, 1993.

19A NCAC 02B .0163 Implementation of Roadway Corridor Official Maps

History

Authority G.S. 136-33.53; 136-44.50; 136-44.51; 136-44.52
Eff. October 1, 1991
Transferred and Recodified to 19A NCAC 2B .0317 Eff. October 1, 1993.

19A NCAC 02B .0164 Use of Right of Way Consultants

(a) Introduction and purpose. The North Carolina Department of Transportation maintains a staff capable of performing the normal workload for most of the functions required for the acquisition of rights of way for our highway system. However, it is recognized that situations arise and certain specific needs exist which can best be met by the use of qualified consultants outside the Department.

This Rule is established for the preparation, execution and administration of contracts for right of way acquisition services by consultant firms that are over ten thousand dollars ($10,000.00).

Due to the diversity of contract types, some portions of this Rule may not be fully applicable to all situations. The Right of Way Branch Manager shall determine when waivers from portions of this Rule are justified. Guidelines for determining if a waiver is justified shall include:

(1) A determination of whether an emergency situation exists that affects the health and safety of the traveling public; and

(2) A determination of the availability of pre-qualified firms willing to perform specified work according to the Department's schedule.

(b) The following are incorporated by reference including any subsequent amendments or editions:

(1) General Statute 136-28.1(f) and General Statute 130A-444 thru General Statute 130A-451.

(2) 23 CFR 710-720, FHWA right of way regulations which contain some contracting requirements.

(3) 49 CFR 18.36, USDOT contracting regulations.

These documents are available for public inspection in the office of the Right of Way Branch. Copies may be obtained from the Right of Way Consultant Coordinator at a cost of five dollars ($5.00) for each document.

(c) Definitions. The following definitions are for the purpose of clarifying and describing words and terms used in this Section:

(1) Right of Way Consultant Coordinator - The individual who is assigned the responsibility of initiating, negotiating, and administering a contract for professional or specialized services.

(2) Cost per Unit of Work - A method of compensation based on an agreed cost per unit of work including actual costs, overhead, payroll additives and operating margin.

(3) Cost Plus Fixed Fee - A price based on the actual allowable cost, including overhead and payroll additives, incurred by the firm performing the work plus a pre-established fixed amount for operating margin.

(4) Cost Proposal - A submittal specifying the amount of work anticipated and compensation requested for the performance of the specific work or services as defined by the Department.

(5) Firm - Any private agency, firm, organization, business or individual offering qualified right of way acquisition services.

(6) Lump Sum - A fixed price, including cost, overhead, payroll additives and operating margin for the performance of specific work or services.

(7) Payroll Additive - Employer paid fringe benefits including employer's portion of F.I.C.A., comprehensive health insurance, group life insurance, unemployment contributions to the State, vacation, sick leave, holidays, workers' compensation and other such benefits.

(8) Proposal - An offer by a firm to perform specific work or services for the Department at specified rates of compensation.

(9) Scope of Work - All services, actions and physical work required by the Department to achieve the purpose and objectives defined in the contract. Such services may include the furnishing of all required labor, equipment, supplies and materials except as specifically stated.

(10) Contract Amendment - A written supplement to the contract which modifies the terms of an existing contract.

(11) Termination Clause - A contract provision which allows the Department to terminate, at its discretion, the performance of work, in whole or in part, and to make final payment in accordance with the terms of the contract.

(12) Right of Way Consultant Selection Committee - The Committee shall consist of the Branch Manager, Assistant Way Branch Manager, Unit Heads, and the Right of Way Consultant Coordinator or their designated representatives and shall be chaired by the Branch Right of Way Manager. When Federal funds will be used as compensation for services to be solicited, a representative of the Federal Highway Administration shall sit with the Committee but shall not be a voting member.

(d) Application. This Rule shall apply to all contracts for right of way acquisition services which cost more than ten thousand dollars ($10,000.00) and are obtained by the Department of Transportation pursuant to G.S. 136-28(f).

(e) Pre-qualification of firms. The Department shall advertise for firms interested in performing right of way acquisition services for the North Carolina Department of Transportation when necessitated by its projected workload. The advertisement shall be published in the North Carolina Purchase Directory, a bi-monthly publication of the N.C. Department of Administration. The advertisement shall indicate that interested firms must respond by letter to the Department indicating their interest within two weeks of the date of the advertisement. The response shall include the Federal Government's Government Accounting Office Forms 254 and 255, and copies of the firms latest brochures. Additional firms may be considered for pre-qualification at any time that the Department recognizes a need based on current projected workload for additional pre-qualified firms. Evaluation of the firms expressing interest shall be based on the following considerations:

(1) Experience, education, reputation, and required certifications of staff in the fields of expertise required by the contract including negotiations, appraisals, and relocation assistance;

(2) Number of staff available to perform the services required by the contract including negotiations, appraisals, and relocation assistance;

(3) Financial ability to undertake the proposed work;

(4) The firm's accounting system including ability to identify costs chargeable to the project;

(5) Past performance by the firm on previous Right of Way acquisition contracts including meeting the time schedule for the work;

(6) Equipment necessary to perform the required services.

A number of firms sufficient to perform the anticipated workload that meet the qualifications in Paragraphs (e)(1) through (e)(6) of this Rule shall be designated as pre-qualified to perform right of way acquisition services for the North Carolina Department of Transportation.

(f) Register of pre-qualified firms. The Right of Way Consultant Coordinator shall maintain a "Register of Pre-Qualified Firms" from whom specific project proposals may be solicited to perform right of way acquisition services for the North Carolina Department of Transportation - Right of Way Branch.

(g) Request for approval to solicit specific project proposals. The Right of Way Consultant Selection Committee through the Manager of Right of Way shall determine when the need for right of way acquisition services exists. Upon determining that a need exists, the Committee shall request approval from the Branch Way Manager to solicit proposals for the work.

The request shall be in writing and shall include the type of work and specific justification for the work being performed by a consultant firm such as:

(1) non-availability of manpower,

(2) lack of expertise, or

(3) other reasons.

(h) Solicitations of specific project proposals. Specific Project Proposals shall be solicited from all Pre-Qualified Firms. Solicitations shall be by direct mailing of plans and Specific Project Proposal.

The Right of Way Consultant Coordinator, upon the approval of the Manager of Right of Way, shall prepare the requests for proposals. The request shall contain plans and information describing the location of the project, types and scope of work required, and the time schedule for accomplishing the work.

The solicitation for a Specific Project Proposal shall require that all firms attend a Scoping Meeting on a specified date in order to qualify to submit a Specific Project Proposal for consideration. Any firm that does not wish to submit a Specific Project Proposal on a particular project shall advise, in writing, the Manager of Right of Way of their decision not to submit a Specific Project Proposal for that project.

(i) Selection of firm for specific project contract. The Right of Way Consultant Selection Committee shall review all responses received to the request for proposals and shall select three firms from those indicating interest (except when there are fewer than three responses). When several projects are under consideration at the same time, a firm shall be selected for each project and two alternates may be selected from the entire group, at the discretion of the Selection Committee. These firms shall be listed in descending order of preference based on the Selection Committee's review and analysis of all responses. The Committee may elect to interview all or part of the firms responding to the request for proposal prior to establishing the order of preference. The Selection Committee's file shall be documented as to the reasons for the selection of a firm.

In the evaluation of the firms submitting Specific Project Proposals, the following factors shall be considered:

(1) The monetary amount of the competitive proposal;

(2) The firm personnel who are currently available to perform right of way acquisition services on the specific project and their qualifications; and

(3) The ability of the firm to complete the work according to the Department's schedule.

Any firm selected to perform Right of Way Services for the North Carolina Department of Transportation shall be required to establish an office at the location of the project. This office shall be the location for maintaining all project records open for review by appropriate Department personnel.

After the authorization to proceed to negotiations is given by the Branch Way Manager, the Right of Way Consultant Coordinator shall notify the firm chosen by the Selection Committee.

(j) Negotiation of specific project contract. Prior to receiving a specific project proposal, the Right of Way Consultant Coordinator shall prepare an estimate of the cost of performing the work in-house. This estimate shall be used in evaluating the acceptability of the selected firm's cost proposal.

If considered necessary by the Right of Way Consultant Coordinator a meeting with the selected firm may be scheduled to discuss the scope of the proposed work. The discussions will vary depending upon the firm's familiarity with the Department's methods, policies, standards, etc. For firms unfamiliar with the Department's requirements, the discussions shall include:

(1) Policies used by the Department for the type and scope of work involved;

(2) A copy of a contract in draft form;

(3) Methods of payment;

(4) Procedures for invoicing;

(5) Standard forms to be used;

(6) Fiscal requirements;

(7) Items and services to be provided by the Department.

A representative of the firm shall keep minutes of the meeting, have them typed and submit a copy to the Right of Way Consultant Coordinator. The minutes shall be reviewed for completeness, accuracy and confirmation of mutual understanding of the scope of work. The minutes shall be approved by the signature of the Right of Way Consultant Coordinator and an approved copy shall be returned to the firm.

The firm's competitive cost proposal shall be supported by a breakdown of the manhours required to perform each of the services contained in the contract and the fixed billable rate for each of the classifications of personnel to be utilized. The fixed fee must be specifically broken out on the firm's specific project cost proposal. The firm's cost proposal must also include a breakdown of all non-salary direct costs and any sub-contract or fee services.

Upon receipt of the selected firm's cost proposal, a review shall be made. The review shall include a comparison with the in-house estimate and is intended to determine both the reasonableness of the proposal and areas of substantial differences which may require further discussion and negotiation. When further negotiations are required, they shall be the responsibility of the Right of Way Consultant Coordinator.

The final negotiations shall satisfactorily conclude all remaining points of difference and shall consider any comments submitted by the External Audit Unit. The Right of Way Consultant Coordinator with the concurrence of the Manager of Right of Way shall approve the final fee.

If an acceptable contract cannot be negotiated, negotiations shall be terminated, the firm shall be notified in writing and the next listed firm shall be contacted to initiate negotiations for the work.

(k) Board of Transportation approval and execution of contract. After final negotiations are completed, the firm shall execute a minimum of two contract originals and submit them to the Consultant Coordinator.

The Consultant Coordinator shall submit the contract to the Chief Engineer who may consult with the Advisory Budget Commission pursuant to G.S. 136-28.1(f). The Manager of Right of Way shall submit the proposed contract to the Board of Transportation for approval. After the Board of Transportation approves the contract, the Manager of Right of Way shall execute and return the contract to the Right of Way Consultant Coordinator.

The Right of Way Consultant Coordinator shall transmit one original contract to the contracting firm and shall retain one in the project file. The Consultant Coordinator shall provide each of the following with a copy of the contract: the Manager of DOT Program and Policy Branch, DOT Fiscal Section, and Federal Highway Administration when federal-aid funds are involved.

(l) Sub-contracting. A contracting firm may sublet portions of the work proposed in the contract only upon approval of the Right of Way Consultant Coordinator.

The responsibility for procuring a subcontractor and assuring the acceptable performance of the work lies with the prime contractor. Also, the prime contractor shall submit the proper supporting data to the Contract Administrator for all work that is proposed to be sublet.

(m) Methods of compensation:

(1) Lump Sum - This method of compensation is suitable for contracts where the amount and character of required work or services can be defined and understood by both the Department and the contracting firm.

(2) Cost Plus Fixed Fee - This method of compensation is suitable for contracts where the general magnitude of work is known but the scope of work or period of performance cannot be defined and the Department needs more flexibility in expediting the work without excessive amendments to the contract.

(3) Cost Per Unit of Work - This method of compensation is suitable for contracts where the magnitude of work is uncertain but the character of work is known and a cost of the work per unit can be determined accurately.

(4) Cost Plus a Percentage of Cost - This method of compensation shall not be used.

(n) Administration of contract. The administration of the contract shall be the responsibility of the Right of Way Consultant Coordinator. This shall include the review of invoices and recommendation for payment to the Fiscal Section.

(o) Contract Amendments. Each contract shall contain procedures for contract modifications and define what changes can only be made by means of a contract amendment.

Any change in the amount of compensation must be accomplished by contract amendment. For contracts which use federal funds as compensation for services, the contract amendment must be approved by the Federal Highway Administration.

(p) Monitoring of work. The responsibility for monitoring the work, the schedule and performing reviews at intermediate stages of the work shall rest with the Right of Way Consultant Coordinator.

(q) Final payment. When it is determined that the work is complete, the final invoice shall be approved by the Right of Way Consultant Coordinator and forwarded to the Fiscal Section with a recommendation for payment. When the contract is terminated by the Department, the final payment shall be for that portion of work performed.

(r) Termination of contracts. All contracts shall include a provision for the termination of the contract by the Department. Such termination by the Department shall be in writing and shall be effective upon receipt by the contracting firm.

History

Authority G.S. 136-28.1(f)
Eff. November 1, 1991
Amended Eff. December 1, 2012; August 1, 1998; October 1, 1993; November 2, 1992
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0165 Asbestos Contracts with Private Firms

(a) The North Carolina Department of Transportation maintains a staff capable of performing the normal workload for most of the functions required for the acquisition of rights of way for our highway systems. However, it is recognized that situations arise and certain specific needs exist which can best be met by the use of qualified consultants outside the Department.

These Rules are established for the preparation, execution and administration of contracts over ten thousand dollars ($10,000.00) for asbestos inspections, asbestos removals, and structure clearings by consultant firms.

(b) The following are incorporated by reference including any subsequent amendments or editions:

(1) 23 CFR 710 FHWA right of way regulations which contain some contracting requirements; and

(2) 49 CFR 18.36, USDOT contracting regulations.

These documents are available for public inspection in the office of the Right of Way Branch. Copies may be obtained from the contract administrator at a cost of five dollars ($5.00) for each document.

(1) The Department may continue to let individual contracts on specific projects for inspections, abatements or structure clearings to a responsible bidder after publicly advertising for bids.

(2) If the Manager of the Right of Way Branch determines that the project schedule does not allow time for public advertising the Department shall solicit at least three informal bids and may award a contract to the lowest responding qualified bidder.

(d) Retainer Contracts. In order to provide a method of accomplishing the required asbestos inspections, asbestos abatements, and structure clearings when the Right of Way Branch Manager determines that the project schedule does not provide enough time for a specific project contract to be put in place by the procedure in Subparagraphs (c)(1) and (c)(2) of this Rule, the Department may also contract with private firms as specified in Paragraphs (d) through (u) of this Rule.

(e) Due to the diversity of contract types, some portions of these Rules may not be fully applicable to all situations. The Right of Way Branch Manager shall be responsible for determining when waivers from portions of these Rules are justified. Guidelines for determining if a waiver is justified shall include:

(1) The amount of time the Department has to secure bids for a specific project under Subparagraphs (c)(1) and (c)(2) of this Rule; and

(2) The willingness of contractors retained under this Rule to perform work on a specific project. Any waiver from these Rules shall require approval of FHWA if Federal Funds are involved in the project.

(f) DEFINITIONS. The following definitions are for the purpose of clarifying and describing words and terms used herein:

(1) Contract Administrator - The individual who is assigned the responsibility of initiating, negotiating, and administering the contracts for asbestos inspections, asbestos removals, and structure clearings.

(2) Cost per Unit of Work - A method of compensation based on an agreed cost per unit of work including actual costs, overhead, payroll additives and operating margin.

(3) Cost Plus Fixed Fee - A price on the actual allowable cost, including overhead and payroll additives, incurred by the firm performing the work plus a pre-established fixed amount for operating margin.

(4) Cost Proposal - A submittal specifying the amount of work anticipated and compensation requested for the performance of the specific work or services as defined by the Department.

(5) Firm - Any private agency, firm, organization, business or individual offering qualified asbestos inspections, asbestos removals, and structure clearings.

(6) Lump Sum - A fixed price, including cost, overhead, payroll additives and operating margin for the performance of specific work or services.

(7) Payroll Burden - Employer paid fringe benefits including employers portion of F.I.C.A., comprehensive health insurance, group life insurance, unemployment contributions to the State, vacation, sick leave, holidays, workers compensation and other such benefits.

(8) Proposal - An offer by a firm to perform specific work or services for the Department at specified rates of compensation.

(10) Contract Amendment - A written supplement to the contract which modifies the terms of an existing contract.

(g) APPLICATION. These Rules shall apply to all retainer contracts for asbestos inspections, asbestos removals, and structure clearings obtained by the Right of Way Branch of the Department of Transportation under the authority of G.S. 136-28.1(f) and in accordance with the provisions of G.S. 130A-444 through 130A-451.

(h) SELECTION COMMITTEE. The Committee shall consist of the Right of Way Branch Manager or his designated representative, the State Right of Way Agent or his designated representative, and at least one employee of the Department's Preconstruction Unit or Construction Unit professional staff designated by the Right of Way Branch Manager, and shall be chaired by the Right of Way Branch Manager or his representative.

(i) SELECTION OF FIRMS. On a yearly basis (or more often if needed), the Department shall advertise for firms interested in performing asbestos inspections, asbestos removals, and structure clearings for the North Carolina Department of Transportation. The advertisement shall be published in the North Carolina Purchase Directory. The response time will normally be two weeks after the advertising date. The response shall include copies of the numbered certifications of employees certified by NC Department of Health and Human Services, Division of Public Health Asbestos Hazard Management Program to perform asbestos inspections, copies of the firm's latest brochures, and such similar information related to the firms qualifications.

Evaluation of the firms expressing interest will be based on the following considerations:

(1) Experience, education, reputation, and required certifications of staff in the fields of expertise required by the contract including inspection, abatement, and structure clearings;

(2) Number of staff available to perform the services required by the contract including inspection, abatement, and structure clearings;

(3) Financial ability to undertake the proposed work;

(4) The firm's accounting system including ability to identify costs chargeable to the project;

(5) Past performance by the firm on previous right of way acquisition contracts including meeting the time schedule for the work; and

(6) Equipment necessary to perform the required services.

The Selection Committee shall, on the basis of the criteria of Subparagraphs (1) - (6) of this Paragraph, select a sufficient number of firms for contract negotiations in order that those negotiations will produce a sufficient number of contracts to handle the anticipated work over the next year. The number of firms shall be determined prior to advertising.

(j) REQUEST FOR PROPOSALS. Each selected firm shall be requested by the contract administrator to submit a proposal which provides for:

(1) Unit Cost for inspection and lab analysis, if any;

(A) per unit of less than 800 SF (minimum of 4 samples - to include out buildings, signs, barns, etc.);

(B) per unit of 800 SF to 2000 SF (maximum of 8 samples);

(D) per unit of 5000 SF or more (subject to adjustment if approved by the Department); and

(2) a per unit cost for Final Visual Inspection of abated improvements including air monitoring; and

(3) a per unit abatement price - to a maximum of 200 SF or LF;

(A) Non-Friable Asbestos;

(i) per square foot of asbestos materials; or

(ii) per linear foot of asbestos materials

(B) Friable Asbestos;

(i) per square foot of asbestos materials; or

(ii) per linear foot of asbestos materials; and

(4) a per unit cost for general clearings;

(A) Residential (up to 1,500 SF);

(i) per square foot - frame; or

(ii) per square foot - masonry or other;

(B) Commercial (up to 3,000 SF);

(i) per square foot - frame; or

(ii) per square foot - masonry or other.

The Proposal Request shall state that the Department intends to enter into a retainer contract for the term of one year and a maximum amount of one million dollars ($1,000,000) each with a sufficient number of firms on a statewide basis to perform asbestos inspections, asbestos removals, and structure clearings on an as needed basis.

(k) NEGOTIATION OF CONTRACTS. Upon receipt of the proposals from the selected firm negotiations shall be initiated with the selected firm to produce a retainer contract with a term of one year and maximum amount of one million dollars ($1,000,000). Should negotiations fail to reach successful execution of a contract with any selected firm, the negotiations shall be terminated and shall be initiated with an. alternate firm. The object of the negotiations shall be to establish an acceptable per unit cost for any asbestos investigations needed by the Department for the term of the contract and to establish an acceptable per square foot cost and per running foot cost for abatement of any asbestos discovered upon completion of the inspections and a unit cost for clearing of improvements. When agreement is reached on the unit costs, a retainer contract shall be executed with a sufficient number of selected firm to perform the anticipated work for the term of one year and shall provide for the scope of services enumerated in this Rule.

(l) BOARD OF TRANSPORTATION APPROVAL AND EXECUTION OF CONTRACT. After final negotiations are completed, the firm shall execute a minimum of two contract originals and submit them to the consultant coordinator. The Manager of Right of Way shall submit the proposed contract to the Board of Transportation for approval. After the Board of Transportation approves the contract, the Manager of Right of Way shall execute and return the contract to the Right of Way consultant coordinator. The Right of Way contract administrator shall transmit one original contract to the contracting firm and shall retain one in the Central Office. The Way contract administrator shall provide a copy of the contract to the DOT Fiscal Section.

(m) REQUEST FOR SPECIFIC JOB ESTIMATES. When the Department acquires structures that require inspection for asbestos, two firms who have executed the retainer contract will be contacted by the Right of Way Branch, given the location of the structure(s), and requested to submit a work assignment cost estimate. The first firm's estimate shall cover Inspections, both preliminary and final; and the second firm's estimate shall be for abatements, if any, and clearing, if required, of the structure. The Estimate of Job Costs submitted by the contractor shall be reviewed by Right of Way staff personnel to insure:

(1) that the per unit cost is in compliance with those specified in the retainer contract, and

(2) the quantities specified in the Estimate of Job Costs are reasonable. If the estimate is found to be reasonable, the contract administrator shall authorize the work by the firm under the retainer contract by signing the Estimate document. If the estimate is unacceptable and agreement cannot be reached by negotiations with the firm, an estimate will be requested from another firm on retainer contract and evaluated in the same manner until agreement is reached and work can be authorized. In the event that an agreement cannot be reached through negotiations with any firm on retainer contract, then the Department shall terminate negotiations and advertise for specific project bids under the provisions of Subparagraph (b)(2) of this Rule.

(n) SUB-CONTRACTING. A contracting firm may sublet portions of the work proposed in the contract only upon approval of the contract administrator as set out in these rules. The responsibility for procuring a subcontractor and assuring the acceptable performance of the work lies with the prime contractor. Also, the prime contractor shall be responsible for submitting the proper supporting data to the contract administrator for all work that is proposed to be sublet.

(o) METHODS OF COMPENSATION. Cost Per Unit of Work - This method of compensation is suitable for contracts where the magnitude of work is uncertain but the character of work is known and a cost of the work per unit can be determined accurately.

(p) ADMINISTRATION OF CONTRACT. The administration of the contract shall be the responsibility of the contract administrator. This shall include the review of invoices and recommendation for payment to the Fiscal Section.

(q) CONTRACT AMENDMENTS. Each contract shall contain procedures for contract modifications and define what changes can be made only by means of a contract amendment. The Department may, with the concurrence of the Manager of Right of Way, delete any clearing item.

(r) MONITORING OF WORK. The responsibility for monitoring the work, the schedule and performing reviews at intermediate stages of the work shall rest with the staff personnel. An inspector may be assigned on each job by the Division Engineer who shall make periodic status reports to the Division Right of Way Office. The firm shall be required to provide a written progress report accompanying each invoice describing the work performed for the project covered by the invoice.

(s) FINAL PAYMENT. When it is determined that the work is complete, the final invoice shall be approved by the Way contract administrator and forwarded to the Fiscal Section with a recommendation for payment. When the contract is terminated by the Department, the final payment shall be for that portion of work performed. Should the firm believe that additional compensation or time should be allowed for services not covered under the contract, the firm must notify the Department in writing within 60 days after receipt of final payment. The Department shall render a decision on the claim which will be final, subject to review in accordance with Chapter 150B of the North Carolina General Statutes. Exhaustion of the administrative procedure described herein shall be a prerequisite to the firm's right of review.

(t) TERMINATION OF CONTRACTS. All contracts shall include a provision for the termination of the contract by the Department. Such termination by the Department shall be in writing and shall be effective upon receipt by the contracting firm.

History

Authority G.S. 130A-444; 136-28.1(f)
Eff. November 1, 1991
Temporary Amendment Eff. May 4, 1992 for a Period of 180 Days to Expire on October 31, 1992
Amended Eff. December 1, 2012; August 1, 2002; November 2, 1992
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0201 Delegation by State Highway Administrator

History

Status: repealed
Authority G.S. 136-18(5); 136-30; 136-44.1; 136-54; 136-89.53
Eff. January 1, 1986
Amended Eff. October 1, 1993; October 1, 1991
Repealed Eff. December 29, 1993.

19A NCAC 02B .0202 Definitions

History

Status: repealed
Authority G.S. 136-18; 136-20; 136-45; 136-66.1; 150B-21.3A
Eff. July 1, 1978
Amended Eff. November 1, 1992
Repealed Eff. February 1, 2019.

19A NCAC 02B .0203 Responsibility for Traffic Control Devices

History

Status: expired
Authority G.S. 20-158; 20-158.1; 20-169; 136-18; 136-30
Eff. July 1, 1978
Amended Eff. November 1, 1993; November 1, 1991
Expired Eff. October 1, 2016 pursuant to G.S. 150B-21.3A.

19A NCAC 02B .0204 Traffic Signal Specifications

History

Status: repealed
Legislative Objection Lodged Eff. August 19, 1980
Legislative Objection Removed Eff. April 23, 1981
Authority G.S. 136-18(1); 136-44.1; 136-45; 150A-63(c)
Eff. July 1, 1978
Amended Eff. April 11, 1980
Repealed Eff. April 3, 1981.

19A NCAC 02B .0205 North Carolina Sign Supplement

History

Status: repealed
Legislative Objection Lodged Eff. August 19, 1980
Legislative Objection Removed Eff. April 23, 1981
Authority G.S. 136-18(5); 136-30; 150A-62; 150A-63(c)
Eff. July 1, 1978
Amended Eff. April 11, 1980
Repealed Eff. April 3, 1981.

19A NCAC 02B .0206 Nc Construction and Maintenance Operations Supplement

History

Status: repealed
Legislative Objection Lodged Eff. August 19, 1980
Legislative Objection Removed Eff. April 23, 1981
Authority G.S. 136-18(5); 136-30; 150A-62; 150A-63(c)
Eff. July 1, 1978
Amended Eff. April 11, 1980
Repealed Eff. April 3, 1981.

19A NCAC 02B .0207 North Carolina Signal Supplement

History

Status: repealed
Legislative Objection Lodged Eff. August 19, 1980
Legislative Objection Removed April 23, 1981
Authority G.S. 136-18(5); 136-30; 150A-62; 150A-63(c)
Eff. July 1, 1978
Amended Eff. April 11, 1980
Repealed Eff. April 3, 1981.

19A NCAC 02B .0208 Uniform Traffic Control Devices

History

Status: repealed
Authority G.S. 20-158; 20-169; 136-18(5); 136-30; 150B-21.3A
Eff. July 1, 1978
Amended Eff. October 1, 1993; October 1, 1991; January 1, 1986; April 3, 1981
Repealed Eff. February 1, 2019.

19A NCAC 02B .0209 Miscellaneous Signs

History

Status: repealed
Authority G.S. 136-18(5); 136-18(19); 136-30
Eff. July 1, 1978
Repealed Eff. October 1, 1993.

19A NCAC 02B .0210 Special Municipal Signs

History

Status: repealed
Authority G.S. 136-18(5); 136-18(19); 136-30
Eff. July 1, 1978
Repealed Eff. October 1, 1993.

19A NCAC 02B .0211 Construction and Maintenance Signing

History

Status: repealed
Authority G.S. 136-18(5); 136-18(19); 136-30
Eff. July 1, 1978
Repealed Eff. October 1, 1993.

19A NCAC 02B .0212 Parking Signs

(a) No Parking Signs (State Highway System). Where parking is prohibited by either Department of Transportation or municipal ordinance, the installation and maintenance of appropriate No Parking signs is the responsibility of the Department of Transportation.

(b) Parking Control Signs (State Municipal System). Where parking is permitted but the municipality desires to control its duration or type, the appropriate standard signs necessary are the responsibility of the municipality. They shall be installed and maintained at no expense to the Department of Transportation. Such signs include, but are not limited to, 15 Min. Parking, 1 Hr. Parking, No Parking 4-6 P.M., Loading Zone, Bus Stop, and Taxi Stand.

History

Authority G.S. 20-162; 20-162.1; 136-18(5)
Eff. July 1, 1978
Amended Eff. October 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0213 Truck Route Designation

(a) Municipal governments have the authority to establish by ordinance truck routes on the state highway system within their corporate limits. Such truck routes must have approval of the Department of Transportation.

(b) The Department of Transportation also has authority to establish truck routes within a municipality. Truck routes may traverse both state highway system streets and municipal streets; however non-system streets may be designated as a truck route only by the municipality.

(c) The Department of Transportation will be responsible for all necessary signing on the state highway system streets with the municipality being responsible for signing that portion of the truck route traversing non-system streets.

History

Authority G.S. 20-116(h); 136-18(5); 136-30
Eff. July 1, 1978
Amended Eff. October 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0214 Business and Bypass Route Designations

History

Status: repealed
Authority G.S. 136-18(5); 136-30
Eff. July 1, 1978
Repealed Eff. April 11, 1980.

19A NCAC 02B .0215 Shopping Center Signs

History

Status: expired
Authority G.S. 136-18(5); 136-30
Eff. July 1, 1978
Amended Eff. October 1, 1993; August 1, 1984
Expired Eff. October 1, 2016 pursuant to G.S. 150B-21.3A.

19A NCAC 02B .0216 Street Name Signs

(a) Street name signs are the sole responsibility of the municipality. If such signs are installed on the state highway system rights-of-way they must be in conformance with the "Manual on Uniform Traffic Control Devices" and may not be erected in such a manner as to interfere with standard highway signing.

(b) Street Name Signs (State Rural Secondary System). The board of county commissioners or developers and property owners can request permission for the appropriate street name signs and, upon approval by the traffic engineering branch as to type, design, and location of said signs, they may be erected and will be maintained by those responsible for the placing of the signs.

(c) The Department of Transportation may remove all street name signs that are not properly maintained or that hamper the maintenance of the streets by the Department of Transportation.

Note: Refer also to the Code of Federal Regulations, Chapter 23, Part 655, Subpart C.

History

Authority G.S. 136-18(5)
Eff. July 1, 1978
Amended Eff. October 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0217 All America City Signs

History

Status: expired
Authority G.S. 136-18(5); 136-30
Eff. July 1, 1978
Amended Eff. January 1, 1995; November 1, 1993; October 1, 1993
Expired Eff. October 1, 2016 pursuant to G.S. 150B-21.3A.

19A NCAC 02B .0218 Railroad Name Signs on Overpasses

History

Status: expired
Authority G.S. 136-18(5); 136-30
Eff. July 1, 1978
Amended Eff. January 1, 1995; November 1, 1993; October 1, 1993
Expired Eff. October 1, 2016 pursuant to G.S. 150B-21.3A.

19A NCAC 02B .0219 Fire Station Warning Sign

History

Status: repealed
Authority G.S. 136-18(5); 136-30
Eff. July 1, 1978
Repealed Eff. October 1, 1993.

19A NCAC 02B .0220 Fire District Sign

History

Status: expired
Authority G.S. 136-18(5); 136-30; 136-128; 136-140.7
Eff. July 1, 1978
Amended Eff. July 1, 1995; September 1, 1994; December 1, 1993; October 1, 1993; November 1, 1987
Expired Eff. October 1, 2016 pursuant to G.S. 150B-21.3A.

19A NCAC 02B .0221 General Motorist Services Signs

History

Status: expired
Authority G.S. 136-18(5); 136-30; 136-128; 136-140.7
Eff. July 1, 1978
Amended Eff. July 1, 1995; September 1, 1994; December 1, 1993; October 1, 1993; November 1, 1987
Expired Eff. October 1, 2016 pursuant to G.S. 150B-21.3A.

19A NCAC 02B .0222 National Guard Armory and Air National Guard Signs

History

Status: repealed
Authority G.S. 136-18(5); 136-30
Eff. July 1, 1978
Repealed Eff. October 1, 1993.

19A NCAC 02B .0223 Parks: Historical Areas: Special Tourist Attractions: Etc.

History

Status: repealed
Authority G.S. 136-18(5); 136-30
Eff. July 1, 1978
Repealed Eff. October 1, 1993.

19A NCAC 02B .0224 Telephone Signs

History

Status: expired
Authority G.S. 136-18(5); 136-18(8); 136-30; 136-102.1
1949 General Assembly Resolution 21
Eff. July 1, 1978
Amended Eff. October 1, 1993
Expired Eff. October 1, 2016 pursuant to G.S. 150B-21.3A.

19A NCAC 02B .0225 Blue Star Memorial Highway Signs

History

Status: expired
Authority G.S. 136-18(5); 136-18(8); 136-30; 136-102.1
1949 General Assembly Resolution 21
Eff. July 1, 1978
Amended Eff. October 1, 1993
Expired Eff. October 1, 2016 pursuant to G.S. 150B-21.3A.

19A NCAC 02B .0226 Temporary Signs for Special Events

History

Status: repealed
Authority G.S. 136-18(5); 136-30
Eff. July 1, 1978
Repealed Eff. October 1, 1993.

19A NCAC 02B .0227 Community Watch Signs

History

Status: expired
Authority G.S. 136-32
Eff. July 1, 1978
Amended Eff. October 1, 1993
Expired Eff. October 1, 2016 pursuant to G.S. 150B-21.3A.

19A NCAC 02B .0228 Traffic Signals - General

History

Status: repealed
Authority G.S. 20-158; 20-169; 136-18(5)
Eff. July 1, 1978
Amended Eff. April 3, 1981
Repealed Eff. October 1, 1993.

19A NCAC 02B .0229 Signal Equipment (state Municipal System)

The Department of Transportation reserves the right to select the most economical equipment and materials to do a specific job. If the municipality desires to use different or more costly equipment and materials, the municipality shall make a request in writing to the Department of Transportation. If approved, the substitution may be made but the municipality must pay the difference in cost.

History

Authority G.S. 20-169; 136-18(5)
Eff. July 1, 1978
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0230 Pedestrian Actuated Signals (state Municipal System)

History

Status: repealed
Authority G.S. 20-172; 136-66.1
Eff. July 1, 1978
Repealed Eff. October 1, 1993.

19A NCAC 02B .0231 Fire Zone (station) Signals (state Municipal System)

Special signal equipment used at or adjacent to fire stations (including preemption equipment) shall be paid for by the municipality out of its own funds and must be of a design acceptable to and approved by the Department of Transportation.

History

Authority G.S. 136-18(5)
Eff. July 1, 1978
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0232 School Flashers (state Municipal System)

Standard signing and marking for school zones is the responsibility of the Department of Transportation. If a traffic and engineering investigation conducted by the Department of Transportation shows that there are hazardous conditions present adjacent to a school greater than those normally present in school areas, and that these conditions can be alleviated by the use of school flashers, then the Department of Transportation will install school flashers and maintain them.

History

Authority G.S. 136-18(5)
Eff. July 1, 1978
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0233 Upgrading Existing Signals (state Municipal System)

The cost for upgrading existing traffic signals and flashers on the state highway system is the responsibility of the Department of Transportation. The existing equipment being replaced shall become the property of the Department of Transportation. In the event the municipality wishes to retain possession of the equipment, or any part thereof, to be replaced, it may do so by mutual agreement with the Department of Transportation.

History

Authority G.S. 20-158; 136-18(5)
Eff. July 1, 1978
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0234 Authority for Traffic Ordinances

History

Status: repealed
Authority G.S. 20-116; 20-141; 20-158; 10-158.1; 20-161; 20-165.1; 136-18(5)
136-18(19); 136-30 to 31; 136-33.2; 136-89.50; 136-102.5; 143B-350(f),(g)
Eff. July 1, 1978
Repealed Eff. October 1, 1993.

19A NCAC 02B .0235 Custodian and Location of Traffic Ordinances

History

Status: repealed
Authority G.S. 136-18(5); 150A-63(c)
Eff. July 1, 1978
Repealed Eff. November 1, 1991.

19A NCAC 02B .0236 Median Openings - General

History

Status: repealed
Authority G.S. 20-140.3; 136-18(5); 136-89.58
Eff. July 1, 1978
Repealed Eff. October 1, 1993.

19A NCAC 02B .0237 Crossovers in Controlled Access Highways

History

Status: repealed
Authority G.S. 20-140.3; 136-18(5); 136-89.58
Eff. July 1, 1978
Repealed Eff. October 1, 1993.

19A NCAC 02B .0238 Manual on Driveway Entrance Regulations

History

Status: repealed
Legislative Objection Lodged Eff. August 19, 1980
Legislative Objection Removed Eff. April 23, 1981
Authority G.S. 136-18(1); 136-93; 150A-63(c)
Eff. July 1, 1978
Amended Eff. April 11, 1980
Repealed Eff. April 3, 1981.

19A NCAC 02B .0239 Obtaining Copies

History

Status: repealed
Authority G.S. 136-18(10); 136-93; 150A-62
Eff. July 1, 1978
Repealed Eff. April 3, 1981.

19A NCAC 02B .0240 Channelization for Entrances and Exits to Property

History

Status: repealed
Authority G.S. 136-18(5)
Eff. July 1, 1978
Repealed Eff. February 1, 2019.

19A NCAC 02B .0241 Placement of Historical Markers in Row

History

Status: expired
Authority G.S. 136-18(10); 136-42.2; 136-42.3; 136-129
Eff. July 1, 1978
Amended Eff. December 1, 2012; April 11, 1980
Expired Eff. October 1, 2016 pursuant to G.S. 150B-21.3A.

19A NCAC 02B .0242 Nc Route Numbers

(a) The Department of Transportation has full responsibility for establishing NC routes. Normally this relates to removing a road from the secondary road system and placing it on the primary road system.

(b) NC numbered routes shall have numbers not to exceed 999. NC route numbers shall not be in conflict with interstate numbers or US numbers.

(c) Requests for the addition, modification, or deletion of NC route numbers shall be submitted to the traffic engineering branch who shall make recommendations relative to the request based upon the following criteria:

(1) The proposed NC route must be adequately designed and constructed in terms of its pavement structure such that it can carry the statutory 19,000 pound axle load.

(2) The proposed route must meet minimum accepted operational standards of a minimum 20-foot paved width and with adequate shoulders.

(3) The horizontal and vertical alignment of the route must be such that it can safely handle traffic at the statutory speed limit of 55 miles per hour for the majority of its length. In extreme mountainous areas, consideration may be given to an average operating speed of 45 miles per hour.

(4) NC routes shall not overlap existing NC or US routes already established unless the duplication is for a short distance and the routes then diverge, ending in different terminal points.

(d) No additional NC route shall be added to the primary highway system or extended except where there is a definite showing of an adequately improved highway carrying an established and necessary line of intrastate traffic not otherwise provided for by existing US or NC routes.

History

Authority G.S. 136-18(5); 136-30
Eff. July 1, 1978
Amended Eff. July 26, 1993
Transferred and recodified from 19A NCAC 02B .0303 Eff. March 4, 1998
Amended Eff. August 1, 1998
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0243 Railroad Grade Crossing Signs, Signals, and Gates

(a) When the Department of Transportation directs a railroad to protect its grade crossings by the erection of electric signals or other safety devices, the railroad so directed shall erect such electric signals or other safety devices as required in the order. Upon the installation and placing into operation of the signals or other safety devices as required in the order, any existing signals or other safety devices shall be removed by the railroad unless otherwise directed by the Department of Transportation.

(b) Where there has been a discontinuance of service but the tracks have not been paved over or removed, crossbuck signs shall be removed and sign R8-9 "TRACKS OUT OF SERVICE" shall be installed.

(c) Where there has been a discontinuance of service and the tracks have been paved over or removed, all signs shall be removed.

(d) Where there has been a discontinuance of service and flashing light signals or gates are present, the gate arms shall be removed and the signal heads shall be hooded, turned, or removed to clearly indicate they are not in operation.

History

Authority G.S. 136-18(5); 136-18(11); 136-20
Eff. August 1, 1998
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0301 Interstate Route Numbers

History

Status: repealed
Authority G.S. 136-18(5); 136-30; 136-89.50; 23 U.S.C. 101
Eff. July 1, 1978
Repealed Eff. July 26, 1993.

19A NCAC 02B .0302 Us Route Numbers

History

Status: repealed
Authority G.S. 136-18(5); 136-30; 136-89.50; 23 U.S.C. 101
Eff. July 1, 1978
Repealed Eff. July 26, 1993.

19A NCAC 02B .0303 Nc Route Numbers

History

Authority G.S. 136-18(5); 136-30
Eff. July 1, 1978
Amended Eff. July 26, 1993
Transferred and recodified to 19A NCAC 02B .0242 Eff. March 4, 1998.

19A NCAC 02B .0304 Secondary Road Numbers

(a) All secondary roads which are a part of the Highway System will carry a number beginning at 1000.

(b) Secondary road numbers 1000 to 1099 are developed for the principal routes within a county.

(d) Secondary road numbers for the majority of the secondary roads are numbered numerically, increasing in the county. Thus, different counties will have different routes with the same number.

(e) Numbering of secondary roads in each county will start in the southwesterly quadrant, numbering in a clockwise direction with numbers starting at 1100 and numerically increasing. A block of numbers is allotted for each section of the county with sufficient unused numbers to permit roads to be added in the future.

(f) All requests for changing existing secondary road numbers shall be acted upon by the Department of Transportation. Requests for the addition, modification or deletion of secondary road numbers shall be submitted to the Department.

History

Authority G.S. 136-18(5); 136-30
Eff. July 1, 1978
Amended Eff. July 26, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0305 Source and Purpose - Powell Bill

Annually the North Carolina Department of Transportation shall pay state street aid allocations from the State Highway Fund to eligible and qualifying municipalities for the maintenance, construction and reconstruction of local city streets. Inquiries about these allocations shall be directed to:

Manager of Program Development

North Carolina Division of Highways

Highway Building

1 S. Wilmington Street

Raleigh, N. C. 27611

History

Authority G.S. 136-41.1 to 41.2; 136-41.3; 143B-350(f),(g)
Eff. July 1, 1978
Amended Eff. July 26, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0306 Establishing Eligibility - Powell Bill

Annually as of July 1, each participating municipality shall establish its eligibility for an allocation. Towns incorporated prior to January 1, 1945, must submit a certified statement which provides information on the municipality's most recent election for the purpose of electing municipal officials, ad valorem taxes, or other provisions for funding the general operating expenses of the municipality; and the mileage of its legally qualified, municipality maintained streets. In addition, towns incorporated on or after January 1, 1945, must also include in their certified statement information on their:

(1) ad valorem taxes;

(2) budget ordinance; and

(3) services provided.

In all cases, the statement must be certified by the mayor and city clerk with the mileage certified by a registered professional engineer or a registered land surveyor. To support the mileage claimed on the certified statement, a street map, certified by a registered land surveyor or registered professional engineer, which clearly shows the claimed local city streets is required. If there have been no changes in mileage from the previous year, only certifications by the mayor and city clerk is required. Forms and instructions are available from the Manager of Program Development, North Carolina Division of Highways, Raleigh, 27611.

History

Authority G.S. 136-41.1; 136-41.2; 143B-350(f),(g)
Eff. July 1, 1978
Amended Eff. July 26, 1993; November 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0307 Payment of Allocations - Powell Bill

History

Status: repealed
Authority G.S. 136-41.1; 136-41.3; 136-143; 143B-350 (f), (g)
Eff. July 1, 1978
Repealed Eff. July 26, 1993.

19A NCAC 02B .0308 Financial Statement - Powell Bill

History

Status: repealed
Authority G.S. 136-41.1; 136-41.3; 136-143; 143B-350 (f), (g)
Eff. July 1, 1978
Repealed Eff. July 26, 1993.

19A NCAC 02B .0309 Source and Purpose - Pl (metropolitan Planning) Funds

The North Carolina Department of Transportation is responsible for administering the Metropolitan Planning Funds (PL) established by the 1973 Federal-Aid Highway Act. These funds are for the purpose of carrying out the provisions of 23 U.S.C. 134, relating to transportation planning in urban areas. Funds are apportioned to the state in the ratio which the population in urbanized areas bears to the total population in such urbanized areas in all the states as shown by the latest available census. Inquiries about these funds should be directed to Manager of Statewide Planning, North Carolina Division of Highways, Raleigh, 27611.

History

Authority 23 U.S.C. 104(f); 23 U.S.C. 134; G.S. 136-18(12); 143B-350(f),(g)
Eff. July 1, 1978
Amended Eff. March 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0310 Recipients of Funds - Pl (metropolitan Planning) Funds

Metropolitan Planning Funds appropriated to the state shall be allocated to the organization recognized by the Governor, through an official designation, as having accepted responsibility for transportation planning for the urbanized area. Urbanized areas are those areas of over 50,000 population, as identified by the U.S. Bureau of Census in the latest available decennial census or special census taken since the decennial census, and required by the United States Department of Transportation to maintain a comprehensive transportation planning process.

History

Authority 23 U.S.C. 104(f); 23 U.S.C. 134; G.S. 136-18(12); 143B-350(f),(g)
Eff. July 1, 1978
Amended Eff. July 26, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0311 Allocation of Funds - Pl (metropolitan Planning) Funds

Metropolitan Planning Funds shall be allocated to the designated organizations by formula developed by the state and approved by the Federal Highway and Urban Mass Transportation Administrators. North Carolina's formula allocates one-half of the funds in equal shares to the designated agencies and one-half on the ratio of the urbanized area's population to the total population of all the urbanized areas. Allocation is in the form of a commitment of funds to the area for reimbursement of cost incurred in carrying out transportation planning.

History

Authority 23 U.S.C. 104(f); 23 U.S.C. 134; G.S. 136-18(12); 143B-350(f),(g)
Eff. July 1, 1978
Amended Eff. July 26, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0312 Matching - Pl (metropolitan Planning) Funds

The federal share payable on account of work performed using PL (Metropolitan Planning) Funds shall be 80 percent. The remaining 20 percent is local money provided by the urbanized area.

History

Authority 23 U.S.C. 104(f); 23 U.S.C. 134; G.S. 136-18(12); 143B-350(f),(g)
Eff. July 1, 1978
Amended Eff. July 26, 1993; March 1, 1993; August 1, 1986
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0313 Programming - Pl (metropolitan Planning) Funds

The expenditure of PL Funds by each organization shall be supported by a planning work program setting forth the transportation planning work to be undertaken. Approval of the program by the Department of Transportation and the United States Department of Transportation is required.

History

Authority 23 U.S.C. 104(f); 23 U.S.C. 134; G.S. 136-18(12); 143B-250(f),(g)
Eff. July 1, 1978
Amended Eff. November 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0314 Administrative Agreement - Pl (metropolitan Planning) Funds

Administration of PL Funds shall be pursuant to an agreement between the Department of Transportation and the planning organization. As a minimum, the agreement shall identify the parties involved; specify the purpose, statement of work, period of performance, consideration and payment, and cost principals; grant the Department of Transportation the rights of access to, and examination and audit of records; and provide for retention of records.

History

Authority 23 U.S.C. 104(f); 23 U.S.C. 134; G.S. 136-18(12); 143B-350(f),(g)
Eff. July 1, 1978
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0315 Negotiation with Municipalities and Municipal Agreements

Transportation projects within municipalities shall be constructed in accordance with a municipal agreement that is executed by the municipality and the Board when the construction includes any financial participation by the municipality in project costs, or the municipality requests additional work that results in maintenance responsibilities or financial participation by the municipality. If there is no financial participation by the municipality, no additional work requested by the municipality, and no maintenance requirements by the municipality, then a municipal agreement shall not be required under the terms of this Rule. If a municipal agreement is necessary in accordance with this Rule, then the agreement shall set forth conditions including whether the Department or the municipality will acquire the right-of-way, and shall identify any financial participation by the municipality.

History

Authority G.S. 136-18(2); 136-19; 136-66.3; 143B-24; 143B-350(f)(g)
Eff. July 1, 1978
Transferred and Recodified from 19A NCAC 2B .0119 Eff. October 1, 1993
Amended Eff. December 1, 1993
Readopted Eff. June 1, 2019.

19A NCAC 02B .0316 Personal Property Not to Be Acquired

History

Status: repealed
Authority G.S. 136-18(2); 136-19; 143B-350(f),(g); 150B-21.3A
Eff. July 1, 1978
Transferred and Recodified from 19A NCAC 2B .0124 Eff. October 1, 1993
Repealed Eff. February 1, 2019.

19A NCAC 02B .0317 Implementation of Roadway Corridor Official Maps

(a) A roadway corridor official map, hereinafter referred to as "official map," is defined as a map, drawing or written description of a planned roadway alignment, with approximations of future right of way boundaries, which is adopted by the Board of Transportation for right of way protection purposes.

(b) The Division of Highways of the North Carolina Department of Transportation is responsible for the implementation of the procedures governing the adoption of official maps.

(c) The Department of Transportation shall conduct environmental studies or screenings prior to the adoption of an official corridor map as follows:

(1) If environmental studies are in the process of being conducted on a project being considered for an official map, then the adoption of the map must await the determination of the recommended alternative. In such cases, the public hearing required for a proposed official map or amendment under G.S. 136-44.50(a)(1) may be combined with the design public hearing.

(2) If environmental studies have not been conducted or are not underway for a project for which an official map is to be prepared, a preliminary environmental screening of the proposed alignment must be conducted to determine the environmental feasibility of the project.

(d) An official map illustrating the proposed project must be prepared prior to the initiation of the map adoption procedure. An official map must be of sufficient detail to identify the proposed project in terms of functional design, location and preliminary right of way boundaries. The approximate property boundaries will be identified on the map and the names of the affected property owners at the time of the recording must be provided.

(e) The Department of Transportation shall conduct a public hearing on the proposed map or an amendment to the existing adopted map prior to the adoption of an official corridor map or amendment as follows:

(1) The Public Hearing Officer of the Division of Highways, after the project has been selected and the official map has been prepared, shall arrange the date and location of the public hearing on the proposed map or amendment as required by G.S. 136-44.50(a)(1). The date of the hearing must be determined in advance so as to allow sufficient time for the period of public notice which is required pursuant to G.S. 136-44.50(a)(1).

(2) In addition to the public hearing notice requirements established by G.S. 136-44.50(a)(1), the notice shall indicate that copies of the proposed official map are available for review in the office of the District Engineer in whose jurisdiction the area which is the subject of the map is located.

(3) The Public Hearing Officer shall conduct the public hearing. Public comment at the hearing shall be directed towards the designation of the subject project as an "official map" and any impacts created by such designation. Either a transcript of the public hearing or a summary of the comments made at the hearing shall be prepared.

(f) The Board of Transportation, following a review of the public hearing transcript or the summary of the comments made at the hearing, may adopt an official map at a Board of Transportation meeting.

(g) In addition to the statutory requirements for the distribution and maintenance of official maps established by G.S. 136-44.50(b)(1), a copy of an official map adopted by the Board of Transportation shall be maintained by the Program Development Branch of the Department and a copy shall be provided to the building inspectors and planning officials in the jurisdictions affected by the map.

(h) The procedures for the Department of Transportation's consideration of petitions for variances from requirements imposed by the adoption of an official corridor map are as follows:

(1) Any property owner affected by an official map adopted by the Board of Transportation may petition for a variance from the requirements imposed by the statute (G.S. 136-44.51). A request for a variance shall be directed to the Program Development Branch for consideration and processing. The property owner may either request that an administrative hearing be held in the county in which the affected property is located or may state the reasons for and supply any evidence supporting the variance request in writing to the Director of the Program Development Branch. In instances where a hearing is scheduled pursuant to a request for a variance, the Program Development Branch shall provide written notice of the hearing to the mayor of any affected city or the chairman of the board of commissioners of any affected county, in accordance with G.S. 136-44.52(b).

(2) Upon consideration of the facts and circumstances pertaining to the petition for a variance as determined from evidence provided by the property owner, the Program Development Branch may grant a variance, recommend the subject property be considered for advance acquisition, or deny the request. A written record of the decision shall be provided to the petitioning property owner within 30 days of the date of the hearing or the date of the receipt of the written request for the variance.

(3) If the petitioning property owner receives an unfavorable ruling from the Program Development Branch concerning the variance request, he or she may request a review of the case by the Chief Engineer. The Chief Engineer shall evaluate the case and provide a final administrative decision in writing within 30 days of the date of the receipt of the review request.

(4) Any property located within a designated roadway corridor may be considered for advance acquisition prior to the expiration of the three year time period established in G.S. 136-44.51(b). All requests for such advance acquisition shall be in writing, include all supporting documentation, and be submitted to the Right of Way Branch with a copy sent to the Program Development Branch.

History

Authority G.S. 136-44.50; 136-44.51; 136-44.52; 143B-350(f)
Eff. October 1, 1991
Transferred and Recodified from 19A NCAC 2B .0163
Amended Eff. December 1, 2012; December 29, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0401 Definitions

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; 133-14
133-146; 136-18(2); 136-19; 143B-350 (a), (f)
Eff. April 3, 1981
Repealed Eff. November 1, 1991.

19A NCAC 02B .0402 Purpose

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; 133-14
133-146; 136-18(2); 136-19; 143B-350 (a), (f)
Eff. April 3, 1981
Repealed Eff. November 1, 1991.

19A NCAC 02B .0403 Eligibility for State and Federal Funds

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; 133-14
133-146; 136-18(2); 136-19; 143B-350 (a), (f)
Eff. April 3, 1981
Repealed Eff. November 1, 1991.

19A NCAC 02B .0404 Applicability

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; 133-14
133-146; 136-18(2); 136-19; 143B-350 (a), (f)
Eff. April 3, 1981
Repealed Eff. November 1, 1991.

19A NCAC 02B .0405 Assurances of Adequate Relocation Assistance Program

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; 133-14
133-146; 136-18(2); 136-19; 143B-350 (a), (f)
Eff. April 3, 1981
Repealed Eff. November 1, 1991.

19A NCAC 02B .0406 Persons to Whom Advisory Assistance Should Be Offered

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; 133-14
133-146; 136-18(2); 136-19; 143B-350 (a), (f)
Eff. April 3, 1981
Repealed Eff. November 1, 1991.

19A NCAC 02B .0407 Assistance on Advance and Specific Parcel Acquisitions

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; 133-14
133-146; 136-18(2); 136-19; 143B-350 (a), (f)
Eff. April 3, 1981
Repealed Eff. November 1, 1991.

19A NCAC 02B .0408 Public Notice of Availability of Service

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; 133-14
133-146; 136-18(2); 136-19; 143B-350 (a), (f)
Eff. April 3, 1981
Repealed Eff. November 1, 1991.

19A NCAC 02B .0409 Initial Contact with Displacee

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; 133-14
133-146; 136-18(2); 136-19; 143B-350 (a), (f)
Eff. April 3, 1981
Repealed Eff. November 1, 1991.

19A NCAC 02B .0410 Notice to Financial Institutions

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; 133-14
133-146; 136-18(2); 136-19; 143B-350 (a), (f)
Eff. April 3, 1981
Repealed Eff. November 1, 1991.

19A NCAC 02B .0411 Ninety Days Written Notice

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; 133-14
133-146; 136-18(2); 136-19; 143B-350 (a), (f)
Eff. April 3, 1981
Repealed Eff. November 1, 1991.

19A NCAC 02B .0412 Review Procedures

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; 133-14
133-146; 136-18(2); 136-19; 143B-350 (a), (f)
Eff. April 3, 1981
Repealed Eff. November 1, 1991.

19A NCAC 02B .0413 Severed Improvements

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; 133-14
133-146; 136-18(2); 136-19; 143B-350 (a), (f)
Eff. April 3, 1981
Repealed Eff. November 1, 1991.

19A NCAC 02B .0414 Request for Property Inspection

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; 133-14
133-146; 136-18(2); 136-19; 143B-350 (a), (f)
Eff. April 3, 1981
Repealed Eff. November 1, 1991.

19A NCAC 02B .0415 Agency Responsibility

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; 133-14
133-146; 136-18(2); 136-19; 143B-350 (a), (f)
Eff. April 3, 1981
Repealed Eff. November 1, 1991.

19A NCAC 02B .0416 Moving Cost

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; 133-14
133-146; 136-18(2); 136-19; 143B-350 (a), (f)
Eff. April 3, 1981
Repealed Eff. November 1, 1991.

19A NCAC 02B .0417 Guidelines for Household Moves

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; 133-14
133-146; 136-18(2); 136-19; 143B-350 (a), (f)
Eff. April 3, 1981
Repealed Eff. November 1, 1991.

19A NCAC 02B .0418 Moving Payments to Businesses

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; 133-14
133-146; 136-18(2); 136-19; 143B-350 (a), (f)
Eff. April 3, 1981
Repealed Eff. November 1, 1991.

19A NCAC 02B .0419 Advertising Signs

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; 133-14
133-146; 136-18(2); 136-19; 143B-350 (a), (f)
Eff. April 3, 1981
Repealed Eff. November 1, 1991.

19A NCAC 02B .0420 Replacement Housing Payments

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; 133-14
133-146; 136-18(2); 136-19; 143B-350 (a), (f)
Eff. April 3, 1981
Repealed Eff. November 1, 1991.

19A NCAC 02B .0421 Replacement Housing Payments for Owner-Occupant

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; 133-14
133-146; 136-18(2); 136-19; 143B-350 (a), (f)
Eff. April 3, 1981
Repealed Eff. November 1, 1991.

19A NCAC 02B .0422 Payment to Owner-Occupants for 180 Days or More Who Rents

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; 133-14
133-146; 136-18(2); 136-19; 143B-350 (a), (f)
Eff. April 3, 1981
Repealed Eff. November 1, 1991.

19A NCAC 02B .0423 Replacement Housing Payment to Owner (short Term Owner)

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; 133-14
133-146; 136-18(2); 136-19; 143B-350 (a), (f)
Eff. April 3, 1981
Repealed Eff. November 1, 1991.

19A NCAC 02B .0424 Payment to Owner-Occupants for 90 Days Who Rents

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; 133-14
133-146; 136-18(2); 136-19; 143B-350 (a), (f)
Eff. April 3, 1981
Repealed Eff. November 1, 1991.

19A NCAC 02B .0425 Payment to Tenant-Occupant for 90 or More Days Who Rents

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; 133-14
133-146; 136-18(2); 136-19; 143B-350 (a), (f)
Eff. April 3, 1981
Repealed Eff. November 1, 1991.

19A NCAC 02B .0426 Payment to Tenant-Occupant 90 or More Days Who Purchases

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; 133-14
133-146; 136-18(2); 136-19; 143B-350 (a), (f)
Eff. April 3, 1981
Repealed Eff. November 1, 1991.

19A NCAC 02B .0427 Payment to Tenant of a Sleeping Room 90 or More Days

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; 133-14
133-146; 136-18(2); 136-19; 143B-350 (a), (f)
Eff. April 3, 1981
Repealed Eff. November 1, 1991.

19A NCAC 02B .0428 Mobile Homes

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; 133-14
133-146; 136-18(2); 136-19; 143B-350 (a), (f)
Eff. April 3, 1981
Repealed Eff. November 1, 1991.

19A NCAC 02B .0429 Subsequent Occupants

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; 133-14
133-146; 136-18(2); 136-19; 143B-350 (a), (f)
Eff. April 3, 1981
Repealed Eff. November 1, 1991.

19A NCAC 02B .0430 Housing as a Last Resort

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; 133-14
133-146; 136-18(2); 136-19; 143B-350 (a), (f)
Eff. April 3, 1981
Repealed Eff. November 1, 1991.

19A NCAC 02B .0431 Copies of Forms

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; 133-14
133-146; 136-18(2); 136-19; 143B-350 (a), (f)
Eff. April 3, 1981
Repealed Eff. November 1, 1991.

19A NCAC 02B .0432 Relocation Assistance

The Department of Transportation incorporates by reference 49 CFR Subpart 24 and 23 CFR Subpart C, Section 710.313, including subsequent amendments and editions. Copies are available for inspection at no cost to the public, from the Right of Way Unit of the Department of Transportation. The Code of Federal Regulations may be accessed, at no cost to the public, by visiting https://www.ecfr.gov.

History

Authority G.S. 133-6; 133-14; 143B-350
Eff. October 1, 1993
Readopted Eff. February 1, 2019.

19A NCAC 02B .0433 Applicability

The rules in this Section shall apply to all federal and State Highway projects, except State secondary road projects.

History

Authority G.S. 133-6; 133-14; 143B-350
Eff. October 1, 1993
Readopted Eff. February 1, 2019.

19A NCAC 02B .0434 Reserved for Future Codification

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; l33-14
133-15; 133-146; 136-18(2); 136-19; 138-18(2); 143B-350(a) and (f)
Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0435 Reserved for Future Codification

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; l33-14
133-15; 133-146; 136-18(2); 136-19; 138-18(2); 143B-350(a) and (f)
Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0436 Reserved for Future Codification

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; l33-14
133-15; 133-146; 136-18(2); 136-19; 138-18(2); 143B-350(a) and (f)
Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0437 Reserved for Future Codification

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; l33-14
133-15; 133-146; 136-18(2); 136-19; 138-18(2); 143B-350(a) and (f)
Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0438 Reserved for Future Codification

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; l33-14
133-15; 133-146; 136-18(2); 136-19; 138-18(2); 143B-350(a) and (f)
Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0439 Reserved for Future Codification

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; l33-14
133-15; 133-146; 136-18(2); 136-19; 138-18(2); 143B-350(a) and (f)
Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0440 Reserved for Future Codification

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; l33-14
133-15; 133-146; 136-18(2); 136-19; 138-18(2); 143B-350(a) and (f)
Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0441 Definitions

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; l33-14
133-15; 133-146; 136-18(2); 136-19; 138-18(2); 143B-350(a) and (f)
Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0442 Purpose

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; l33-14
133-15; 133-146; 136-18(2); 136-19; 138-18(2); 143B-350(a) and (f)
Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0443 Eligibility for State and Federal Funds

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; l33-14
133-15; 133-146; 136-18(2); 136-19; 138-18(2); 143B-350(a) and (f)
Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0444 Applicability

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; l33-14
133-15; 133-146; 136-18(2); 136-19; 138-18(2); 143B-350(a) and (f)
Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0445 Assurances of Adequate Relocation Assistance Program

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; l33-14
133-15; 133-146; 136-18(2); 136-19; 138-18(2); 143B-350(a) and (f)
Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0446 Persons to Whom Advisory Assistance Should Be Offered

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; l33-14
133-15; 133-146; 136-18(2); 136-19; 138-18(2); 143B-350(a) and (f)
Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0447 Assistance on Advance and Specific Parcel Acquisitions

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; l33-14
133-15; 133-146; 136-18(2); 136-19; 138-18(2); 143B-350(a) and (f)
Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0448 Public Notice of Availability of Service

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; l33-14
133-15; 133-146; 136-18(2); 136-19; 138-18(2); 143B-350(a) and (f)
Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0449 Initial Contact with Displacee

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; l33-14
133-15; 133-146; 136-18(2); 136-19; 138-18(2); 143B-350(a) and (f)
Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0450 Notice to Financial Institutions

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; l33-14
133-15; 133-146; 136-18(2); 136-19; 138-18(2); 143B-350(a) and (f)
Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0451 Ninety Days Written Notice

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; l33-14
133-15; 133-146; 136-18(2); 136-19; 138-18(2); 143B-350(a) and (f)
Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0452 Review Procedures

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; l33-14
133-15; 133-146; 136-18(2); 136-19; 138-18(2); 143B-350(a) and (f)
Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0453 Severed Improvements

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; l33-14
133-15; 133-146; 136-18(2); 136-19; 138-18(2); 143B-350(a) and (f)
Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0454 Request for Property Inspection

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; l33-14
133-15; 133-146; 136-18(2); 136-19; 138-18(2); 143B-350(a) and (f)
Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0455 Agency Responsibility

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; l33-14
133-15; 133-146; 136-18(2); 136-19; 138-18(2); 143B-350(a) and (f)
Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0456 Moving Payments - Residential

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; l33-14
133-15; 133-146; 136-18(2); 136-19; 138-18(2); 143B-350(a) and (f)
Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0457 Moving Payment - Businesses, Farms, Non-Profit Organizations

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; l33-14
133-15; 133-146; 136-18(2); 136-19; 138-18(2); 143B-350(a) and (f)
Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0458 Advertising Signs

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; l33-14
133-15; 133-146; 136-18(2); 136-19; 138-18(2); 143B-350(a) and (f)
Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0459 Replacement Housing Payments

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; l33-14
133-15; 133-146; 136-18(2); 136-19; 138-18(2); 143B-350(a) and (f)
Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0460 Replacement Housing Payments for 180 Day Owner-Occupant

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; l33-14
133-15; 133-146; 136-18(2); 136-19; 138-18(2); 143B-350(a) and (f)
Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0461 Payment to Owner-Occupants of 180 Days Who Rent

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; l33-14
133-15; 133-146; 136-18(2); 136-19; 138-18(2); 143B-350(a) and (f)
Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0462 Payment to Owner or Occupant - 90 Days

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; l33-14
133-15; 133-146; 136-18(2); 136-19; 138-18(2); 143B-350(a) and (f)
Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0463 Payment to Tenant or Owner - Less Than 90 Days

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; l33-14
133-15; 133-146; 136-18(2); 136-19; 138-18(2); 143B-350(a) and (f)
Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0464 Mobile Homes

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; l33-14
133-15; 133-146; 136-18(2); 136-19; 138-18(2); 143B-350(a) and (f)
Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0465 Housing of Last Resort

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; l33-14
133-15; 133-146; 136-18(2); 136-19; 138-18(2); 143B-350(a) and (f)
Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0466 Displacements Caused by Disasters or Emergencies

History

Status: repealed
Authority G.S. 133-6; 133-7; 133-8; 133-9; 133-10; 133-10.1; 133-11; l33-14
133-15; 133-146; 136-18(2); 136-19; 138-18(2); 143B-350(a) and (f)
Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02B .0501 Definitions

The following definitions apply to rules contained in this Section:

(1) "Agreement" means a properly executed document granting permission for a utility encroachment on the highway right-of-way and stipulating any and all conditions and standards that must be met.

(2) "Applicant" means any individual, corporation, or agency requesting permission to encroach upon the right-of-way of any highway in the State Highway System whether or not permission has been granted.

(3) "Department" means the North Carolina Department of Transportation.

(4) "Encroachment" means use of the highway right-of-way for non-highway purposes.

History

Authority G.S. 136-18(5); 136-18(10); 143-350(f)
Eff. April 3, 1981
Amended Eff. October 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0502 Permission Required for Encroachment

(a) No utility shall cross or otherwise occupy rights-of-way of any road on the State Highway System without written permission from the Department of Transportation.

(b) No utility which has been placed on the right-of-way of any road on the State Highway System shall be changed or removed without written permission from the Department of Transportation.

History

Authority G.S. 136-18(5); 136-18(10); 136-93
Eff. April 3, 1981
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0503 Application for Utility Encroachments

The applicant for a utility encroachment agreement shall prepare four copies of the standard encroachment agreement on forms which are available from Division and District Engineers Offices or from the State Utility Agent, Highway Building, Raleigh, N.C.

History

Authority G.S. 136-18(5); 136-18(10); 136-93
Eff. April 3, 1981
Amended Eff. October 1, 1993; November 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0504 Approval of Utility Encroachment

Approval of utility encroachments shall be granted by the responsible Division Engineer.

History

Authority G.S. 136-18(5); 136-18(10); 136-93
Eff. April 3, 1981
Amended Eff. October 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0505 Forms of Encroachment Agreement

History

Status: repealed
Authority G.S. 136-18(5); 136-18(10); 136-93
Eff. April 3, 1981
Repealed Eff. December 29, 1993.

19A NCAC 02B .0506 Responsibility for Existing Utilities

(a) The applicant shall be responsible for determining what, if any, facilities of other utilities are in existence in the encroachment area. Plans attached to encroachment agreements shall show, as nearly as possible, the location of other utilities that may be unearthed, moved, or exposed to potential damage.

(b) The applicant shall be responsible for providing protection and safeguards during construction to prevent damage to existing utilities and insure that existing utilities will not be rendered inaccessible.

History

Authority G.S. 136-18(5); 136-18(10); 136-93
Eff. April 3, 1981
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0507 Execution of Utility Agreement

(a) This Rule specifies the attestation requirements for utility encroachment agreements between the Department and external parties. All applicable rules regarding utility encroachment agreements may be found in this Section.

(b) If the applicant as defined in Rule .0501 of this Section is a corporation or a municipality, the agreement shall have the corporate seal and be attested by the corporate secretary, or by the empowered city official, unless a waiver of corporate seal and attestation by the corporate secretary, or by the empowered city official, is on file in the office of the State Utilities Manager, located at 1000 Birch Ridge Drive, Raleigh, NC 27610. Within each agreement, in the space provided for execution, the name of the corporation or municipality shall be typed above the signature, and the name and title of all persons signing the agreement shall be typed directly below their signature.

(c) If the applicant is not a corporation, the signature shall be witnessed by one other person. The address of the applicant shall be included in the agreement and the names of all witnesses and persons signing the agreement shall be typed directly below their signature.

History

Authority G.S. 136-18(5); 136-18(10); 136-93
Eff. April 3, 1981
Amended Eff. October 1, 1993
Readopted Eff. February 1, 2019.

19A NCAC 02B .0508 Bond May Be Required

If deemed necessary by the Division Engineer, the applicant requesting encroachment permission shall post a performance bond (surety bond, certified or cashier's check) adequate to idemnify the Department for damages to the roadway or highway facility caused by the installation. Bond requirements will be based upon the performance experience on Department of Transportation projects and the extent of possible damage to the highway facility.

History

Authority G.S. 136-18(5); 136-18(10); 136-93
Eff. April 3, 1981
Amended Eff. October 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0509 Agreements During Construction

(a) After a highway construction project has been let to contract, the applicant must make satisfactory arrangements with the highway contractor, to insure that the encroachment activity will not interfere with or delay the contractor.

(b) A three-party agreement between the Department, the highway contractor and the applicant shall be entered into, or the Manager of Right of Way shall be furnished a letter from the highway contractor stating that the installation of the encroachment will not be the basis of a claim for delay or additional cost to the Department. This requirement does not apply to the adjustment or relocation of existing utilities necessitated by highway construction.

History

Authority G.S. 136-18(5); 136-18(10); 136-93
Eff. April 3, 1981
Amended Eff. October 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0510 Vegetation in Encroachment Agreements

When vegetation on highway right-of-way is involved with utility installations, the encroachment application shall be referred to the Area Roadside Environmental Engineer for investigation and approval before final approval of the encroachment. Encroachment agreements will not be approved until matters pertaining to the cutting or trimming of vegetation on highway right-of-way have been settled, and then permission for allowable cutting and trimming will accompany the approved encroachment agreement with the utility.

History

Authority G.S. 136-18(5); 136-18(10); 136-93; 136-18(9)
Eff. April 3, 1981
Amended Eff. October 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0511 Notice Required Before Work Begins

(a) The applicant shall notify the Division Engineer or his appointed representative prior to beginning work on the highway right-of-way. Notice is not required for underground utility service connections and aerial crossings installed under blanket agreements.

(b) The Division Engineer or his representative shall notify the Bridge Maintenance Superintendent before work begins when attachments to structures are involved.

History

Authority G.S. 136-18(5); 136-18(10); 136-93
Eff. April 3, 1981
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0512 Notification Required Upon Completion of Work

The applicant shall notify the Division Engineer in writing when all work contained in the agreement has been completed. Written notification of completion will not be required for encroachments on active highway projects, and any utility installed under a blanket agreement.

History

Authority G.S. 136-18(5); 136-18(10); 136-93
Eff. April 3, 1981
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0513 Final Inspection: Final Reports

(a) The Division Engineer or his designated representative shall make a final inspection of all authorized encroachments. Where applicable, the Bridge Maintenance Superintendent will also participate in the final inspection.

(b) The Division Engineer or his designated representative shall notify the Manager of Right of Way in writing as to whether or not each completed encroachment is satisfactory. Written notice of acceptance is not required for encroachments authorized under blanket agreement.

History

Authority G.S. 136-18(5); 136-18(10); 136-93
Eff. April 3, 1981
Amended Eff. October 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0514 Encroachment Agreements on Federal-Aid Highways

History

Status: repealed
Authority G.S. 136-18(5); 136-18(10); 136-93
Eff. April 3, 1981
Repealed Eff. December 29, 1993.

19A NCAC 02B .0515 Relocation of Utilities Encountered in Highway Improvements

(a) The Department of Transportation shall assume the financial responsibility for non-betterment costs of adjusting or relocating utilities which are in conflict with the construction of a highway project and occupy a valid utility right of way. A valid utility right of way for the purpose of this Rule is one in which the Municipality or other utility owner has a compensable interest. The Department of Transportation, upon the request of the Municipality or other utility owner, may provide the engineering and include the utility adjustment or relocation in the highway improvement contract at no cost to the Municipality or other utility owner.

(b) The Department of Transportation shall assume the financial responsibility for the non-betterment cost of adjusting or relocating those municipally-owned utilities necessitated by highway construction when said utilities are located on a non-system right of way provided that:

(1) the highway construction does not constitute an improvement to the non-system street in which the utilities are located, and

(2) the non-system street in which the utilities are located is not incorporated into or obliterated by the highway project. The mere crossing of a project by a street either at-grade or by separation shall not constitute "incorporation" into the project.

(c) The Municipality or other utility owner is financially responsible for the adjustment or relocation of utilities in conflict with a highway improvement when such utilities are located within the existing right of way of a State system highway, except as provided for in G.S. 136-27.1.

(d) The owner of the utility is financially responsible for the adjustment or relocation of utilities in conflict with a highway improvement when such utilities are located on a non-valid utility easement.

(e) The Department of Transportation may enter into agreements with Municipalities or other utility owners to provide that the necessary engineering and utility construction be accomplished by the Department on a reimbursement basis as follows:

(1) Reimbursement to the Department will be due after completion of the work and within 60 days after date of invoice.

(2) Interest shall be paid at the rate of eight percent on any unpaid balance due.

(f) Should a Municipality fail to pay the Department of Transportation in accordance with the provisions of the Utility Agreement, the Department may apply up to ten percent of each year's allocation of the Municipality's share of funds allocated under the provisions of G.S. 136-41.1 (Powell Bill) until the Municipality's obligation is paid.

(g) In those cases where no agreement can be reached, or in cases where the utility owner refuses to relocate or refuses to claim ownership, the Board shall issue an order on the authority of G.S. 136-18(10) requiring the necessary adjustments. Upon failure of the utility to comply with the order, all utility construction shall be included in the highway improvement contract. Upon completion of the work, the owner of the utility shall be invoiced for the work performed. If the invoice is not paid, the Board of Transportation shall refer the matter to the Office of the Attorney General for further action.

History

Authority G.S. 136-18(10); 136-27.1; 136-93
Eff. November 1, 1991
Amended Eff. October 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0601 Driveways in Highway Right of Way - General

(a) Any person or corporation desiring to construct a driveway or other connection within the right of way of a state system street or highway shall, before beginning any construction, secure a permit from the Department of Transportation authorizing construction on the state right of way. Driveway connections to residences are normally excluded from this requirement, but may be included at the option of the Department where access connections involve a public safety hazard or at locations involving a highway construction project or if drainage installation costs are excessive or drainage complications are obvious.

(b) Failure to secure a permit prior to construction may result in the removal of the driveways or denial of access at that location, until an approved permit is executed.

(c) Within local governments having local ordinances affecting driveways, the more restrictive ordinance, municipal, county or state, shall apply to driveways connecting into state system streets and roads.

History

Authority G.S. 136-18(5); 136-89.50; 136-89.51
Eff. April 3, 1981
Amended Eff. October 1, 1993; July 1, 1981
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0602 Obtaining a Driveway Construction Permit

(a) Application for a driveway construction permit will be made to the District Engineer having jurisdiction in the area.

(b) Information that must be given with the application is listed below. Additional information will be required for special commercial property uses as shown in Rule .0603 of this Section.

(1) The location of the property must be identified clearly enough for the proposed site to be located in the field.

(2) Complete names and addresses of the property owner and the applicant must be given on the application.

(3) The planned property use must be indicated as one of the following:

(A) Residential Subdivision - Low volume traffic generators (Average Daily Traffic less than 200 vehicles per day) such as small apartment complexes, mobile home parks, condominium developments, and other small residential developments.

(B) Regular Commercial - Low to moderate volume traffic generators (Average Daily Traffic greater than 200 but less than 1,000 vehicles per day) such as single commercial businesses, small shopping centers, light industrial and manufacturing establishments, small service businesses, service organizations and churches.

(C) Special Commercial - High volume traffic generators (Average Daily Traffic greater than 1,000 vehicles per day) such as large shopping centers, major recreational facilities, large office buildings or complexes containing more than 200 parking spaces, hospitals, large industrial developments, airports, large residential developments and civic centers.

(1) the location of all existing or proposed buildings;

(2) retaining walls, drainage, poles, and other physical features which effect the driveway location;

(3) pavement and right of way widths;

(4) roadway alignment and channelization;

(5) location of control of access; and

(6) offstreet parking locations which may affect the driveway location.

History

Authority G.S. 136-18(5); 136-89.50; 136-89.51
Eff. April 3, 1981
Amended Eff. December 29, 1993; July 1, 1981
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0603 Driveway Permits for Special Commercial Property

(a) Property use designated as special commercial in Rule .0602 of this Section shall require study to a greater depth than other commercial property uses due to the possibility of greater traffic generation. As a result, a four-week review period shall be required by the Department. The permit shall be submitted sufficiently in advance of the planned construction date to allow for this review period. The different types of property uses that come under this heading are:

(1) Shopping centers with one or more adjoining commercial or service establishments planned or constructed;

(2) Residential developments;

(3) Recreational facilities;

(4) Office buildings or complexes containing more than 200 parking spaces;

(5) Hospitals or large medical facilities;

(6) Industrial developments;

(7) Airports;

(8) Civic Centers;

(9) Other uses which can be expected to attract large amounts of traffic (Average Daily Traffic greater than 1,000 vehicles per day); and

(10) Any development located at high volume or high accident locations, which are locations having a history of accidents.

(b) In addition to the items required on the permit application as specified in Rule .0602 of this Section, the following items of information, with the exceptions noted, must be shown on the site plans before the application can be considered:

(1) a complete plot plan showing the buildings and parking space layouts (not necessary for new public streets);

(2) the proposed driveway locations and widths;

(3) the approximate distances between the following items:

(A) driveway centerline to centerline of nearest crossroad;

(B) driveway centerline to existing or proposed crossovers;

(D) pavement edge of road to right of way; and

(E) width of adjacent roads.

(c) In the absence of local zoning or subdivision ordinances, the developer shall present four copies of the site plans to the District Engineer at least four weeks prior to the planned construction date.

(d) Where local zoning or subdivision ordinances exist, the developer shall submit five copies of the site plans to the local planning body. The local planning body, after tentative approval of the plan, shall forward four copies of the plans to the Division Engineer. The Division Engineer shall take the necessary action and inform the developer and the local planning body of the results of the investigation conducted by the Department.

History

Authority G.S. 136-18(5); 136-89.50; 136-89.51
Eff. April 3, 1981
Amended Eff. January 1, 1995; December 29, 1993; July 1, 1981
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0604 Approval of Application

The approval of the application shall be subject to the following conditions:

(1) The application shall be properly and clearly completed.

(2) The location, design, and construction of driveways shall meet the general and geometric requirements as specified by the responsible District Engineer which will include necessary provisions for drainage, pavement types and thickness, sight distance requirements, and other details.

Note: The Department publishes a brochure entitled, "Manual on Driveway Entrance Regulations" which includes the normal design and construction criteria required for various types of driveway entrances. This manual may be obtained from the Traffic Engineering Branch, Division of Highways, Raleigh, free of charge.

(3) The permit shall require that the applicant assume the following construction responsibilities:

(a) Existing open ditch - The applicant shall furnish all required pipe of size, type and quantity as specified by the engineer. The pipe will be laid and backfilled by the Department, if requested. The applicant shall bear the full cost of any stabilization and pavement placed on the driveway(s) within the right of way.

(b) Existing curbed streets - The applicant will bear all costs of driveway construction including the cost of replacing all joints of curb damaged during construction.

(c) No alteration or addition shall be made to any driveway within the right of way without first securing a new permit from the District Engineer.

The Department reserves the right of inspection, by its authorized representatives, of any driveway construction within the right of way. In the event of failure to comply with the terms of the permit, faulty workmanship, or materials, the Department shall have the right to stop the work until such time as the objectionable conditions are corrected. All costs incurred in the removal and/or correction of non-compliance with design, defective workmanship, and/or materials shall be borne by the applicant.

History

Authority G.S. 136-18(5); 136-89.50; 136-89.51
Eff. April 3, 1981
Amended Eff. October 1, 1993; July 1, 1981
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02B .0605 Application Review Period

The Department will process all permit applications as expeditiously as possible. Routine permit applications processed by the District Engineer will require approximately two weeks to process. Permit applications that are considered complex will be processed in approximately four weeks.

History

Authority G.S. 136-18(5); 136-89.50; 136-89.51
Eff. April 3, 1981
Amended Eff. October 1, 1993; July 1, 1981
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

Subchapter C

19A NCAC 02C .0101 General Definitions

Note: The Department of Transportation publishes a volume entitled "Minimum Design and Construction Criteria for Subdivision Streets" which contains design standards and subdivision street policies. A copy of this volume may be obtained from the Secondary Roads and Economic Development Office at no cost.

The secondary road system within a county for the purpose of this Subchapter consists of those roads maintained by the Department of Transportation that do not carry "NC" or "US" numbers and are outside the boundary of any incorporated municipality. In the development of secondary road plans, these roads fall into several categories which are defined as follows:

(1) Principal County Routes. These routes serve as the backbone of the rural transportation network within a county. Their major purpose is to move local traffic to community and recreational centers, shopping and industrial areas, to urban areas within the county and to connect together the other secondary roads with the primary highway system. In addition, they serve abutting residential, farming, business and industrial property.

(2) County Roads. These roads have as their primary purpose serving abutting residential, farming, business, and industrial use. They also carry small to moderate volumes of traffic moving to the principal county routes and the primary highway system. Their dual function of serving traffic and abutting property is variable depending upon their importance as a through route or connecting link.

(3) Subdivision Streets. A subdivision street is considered to be a street or road which has been dedicated to the public to provide ingress and egress to lots or parcels which have been laid out for the purpose of providing home sites by a person or firm hoping to profit by the sale of such parcels. These lots or parcels are of insufficient size to be used primarily for farming purposes. A subdivision street is primarily for the use and convenience of the abutting property owners and not the general traveling public.

(4) Collector Roads. Collector roads channel traffic in subdivisions from side roads. They also provide access from other state-maintained roads.

History

Authority G.S. 136-44.2; 143B-350(f) and (g)
Eff. July 1, 1978
Amended Eff. December 29, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02C .0102 Minimum Standards for Secondary Roads

The minimum standards for secondary roads are as follows:

(1) The Department of Transportation shall require a right of way width of 50 feet for secondary roads added to the system. The right-of-way width may be such as to provide for expected future improvement and maintenance needs of a particular road. A minimum of 50 feet in width for connecting roads and a minimum of 45 feet in width for dead end roads is required. Construction or maintenance easements beyond the right-of-way may be required, if necessary.

(2) The DOT may authorize rights of way for secondary roads that are less than the minimum required width upon a determination by the Manager of Secondary Roads, and with the approval of the Board of Transportation, that the minimum required right of way width is not feasible, based upon reasonable engineering principles and costs, or creates unnecessary hardships, and safety is not sacrificed.

(3) For unpaved roads, a minimum travelway width of at least 20 feet is required. Where feasible, road widths of 32 feet including side ditches shall be required. Where not feasible, the requirement may be reduced to a width applicable to the situation, if safety will not be sacrificed.

(4) Unpaved roads may be stabilized based upon the level of service that the roads render for acceptable use in all except extreme weather conditions.

(5) Any secondary road may have drainage established that is adequate to maintain the road in a manner that is justifiable based upon the service that the road renders.

History

Authority G.S. 136-44.7; 143B-350(f) and (g)
Eff. July 1, 1978
Amended Eff. December 29, 1993; October 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02C .0103 Addition of Roads to the Secondary Road System

The following requirements must be met before a county road will be added to the secondary road system, provided, however, that the Board of Transportation reserves the right not to add a road to the system if it is evident that the cost of improving said road to minimum standards is excessive within the funds presently available for maintenance and construction within the county:

(1) Addition of county roads to the system.

(a) Property owners must dedicate, free of charge, a right of way sufficient for maintenance and safety purposes. A minimum width of 50 feet for connecting roads and 45 feet for dead end roads is required.

(b) Roads one mile or less in length must have at least five occupied residences fronting the road or with direct entrance to the road. These residences must be all-year residences. If a summer resort, each residence counts as one-half a residence.

(c) Roads of one or more miles in length must have an average of five occupied residences per mile fronting or having direct entrance to the road.

(d) There must be at least two individual property owners on the road.

(2) Addition of subdivision streets to the system.

(a) Developers or property owners must dedicate the following rights of way, free of charge and free of all encumbrances:

(i) Connecting Roads. The right of way width for roads which serve as the connecting road system between other roads within the subdivision and the thoroughfare system is 50 feet.

(ii) Short Connecting Roads. These roads are one block long or extend on a block-by-block basis and have no collector characteristics. The right-of-way width is 45 feet.

(iii) Loop Roads. These are roads which are less than one mile in length and have no collector road characteristics. The right-of-way width is 45 feet.

(b) Utilities requiring adjustment or relocation to conform to Department of Transportation's rules which are contained in 19A NCAC 2B .0500 shall be made at no expense to the Department of Transportation. Existing or relocated utilities may remain within the right of way of any subdivision street added to the secondary road system provided the location of same meets Department of Transportation's approval and further provided the utility owner executes an encroachment agreement on forms furnished by the Division of Highways. Utilities are defined as electric power, telephone, television, telegraph, water, sewage, gas, oil, petroleum products, steam, chemicals, drainage, irrigation and similar lines.

(d) There must be at least two occupied residences for each one-tenth of a mile. Subdivision access roads must provide ingress and egress for at least five occupied residences for roads less than one mile in length and an average of five occupied residences per mile for roads over one mile in length. A subdivision access road is a road built through vacant property to provide access to the property being developed. This road would not have lots platted along it.

(e) A minimum of four occupied homes is required for the addition of roads less than two-tenths of a mile in length. Cul-de-sacs less than two-tenths mile in length must serve at least four occupied homes. If four occupied homes are not served, the cul-de-sac may be treated as a private drive. Also see .0112(c) of this Subchapter.

(f) Connecting roads with fewer than the required occupied homes for the length involved may be reviewed as to traffic usage for addition purposes. Traffic usage equivalent to the traffic that would be generated by the correct number of occupied homes shall be acceptable.

(g) Any subdivision street with a right of way dedicated, recorded or that has preliminary approval from a county planning board dated after September 30, 1975, shall not be added to the state maintained system unless the street is paved to the minimum construction standards of the Department of Transportation for subdivision streets.

(h) The Board of Transportation shall consider the addition of streets that serve developments with large lots or parcels that are of the size that the occupied housing requirement of two homes per tenth of a mile cannot be met. The number of occupied homes needed shall be a judgment factor based upon the length and the number of lots or parcels involved. The minimum requirement shall be four occupied homes.

(i) Erosion and Sedimentation. All subdivision roads shall have a permanent vegetative cover established and other permanent erosion control measures installed in accordance with Division of Highways' specifications, prior to addition to the State maintained system.

(j) Subdivision roads shall meet the minimum design and construction criteria and be maintained prior to addition to the State Highway System when petitioned for State maintenance.

(k) All pipe culverts, storm sewers and appurtenances shall be free of all debris and silt build-up and shall be structurally and hydraulically sound, and functioning in a normal manner. All drainage ditches shall be of such a width and depth and with such a slope as to carry the anticipated discharges. Paved ditches or rip rap shall be required where necessary.

(3) The DOT may accept rights of way for secondary roads that are less than the minimum required width upon a determination by the Manager of Secondary Roads, and with the approval of the Board of Transportation, that the minimum required right of way width is not feasible, based upon reasonable engineering principles and costs, or creates unnecessary hardships, and safety is not sacrificed.

History

Authority G.S. 136-44.7; 136-44.10; 136-102.6
Eff. July 1, 1978
Amended Eff. December 29, 1993; July 1, 1984; October 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02C .0104 Improvement of Roads Added to the Highway System

(a) When a county road is added to the highway system, the road shall be maintained. The addition of the road to the secondary road system does not imply that this road shall be widened, improved, stabilized or paved.

(b) The general improvement of a road recently added to the system shall be considered in light of the service that the road renders to the general traveling public. Dead end roads for example, may not necessarily receive the same level of maintenance service as connecting roads receive.

History

Authority G.S. 136-44.1; 136-44.3; 136-44.7
Eff. July 1, 1978
Amended Eff. December 29, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02C .0105 Property Owner Participation Paving

(a) Subdivision-Residential Roads. Those roads which are eligible to be paved on a property owner participating basis will be administered according to the following procedure:

(1) The property owners or their representative may contact the division engineer or his representative to determine whether or not the road in question is eligible for paving on a participating basis. If all property owners agree to pay four dollars ($4.00) per linear foot to have the road paved they are determined eligible for paving on a participating basis.

(2) If the division engineer or his representative determines that the road in question is eligible to be paved on a participating basis, he will so inform the property owners or their representative. He will then make a survey to determine the length of the road in question and will submit to the property owners or their representative a letter stating the cost, at a rate of four dollars ($4.00) per linear foot, for each side of the road, to the property owners for the road to be paved and the approximate date when the work can be completed.

(3) The property owners must then present to the division engineer or his representative a certified check made payable to the Department of Transportation, Division of Highways for the entire amount as stated in Subparagraph (a)(2) of this Rule. Once this has been accomplished, work will proceed as soon as DOT staff and supplemental funds are available.

(b) Rural Roads. The Board of Transportation shall allow the paving of a rural road on a property owners' participation basis identical in cost of four dollars ($4.00) per foot along each side as required for unpaved subdivision/residential roads. Property owner participation paving is on a first-come, first-served basis. A section of rural unpaved road to be paved under this rule will be at least 0.30 of a mile in length provided the road is more than 0.30 of a mile in length. The section to be paved can be at the beginning, middle, or end of an unpaved road and need not connect to existing pavement.

History

Authority G.S. 136-44.1, 136-44.2; 136-44.7; 143B-350(f) and (g)
Eff. July 1, 1978
Amended Eff. December 29, 1993; November 1, 1991; July 1, 1984; October 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02C .0106 Priority Ratings for Paving Secondary Roads

(a) The paving of unpaved roads in any county is based upon the total needs which take into account land use and public service characteristics, traffic characteristics, and general route characteristics.

(b) A priority rating sheet is developed for each unpaved secondary road in the county as a guide line and the roads are then rated by priority, and as funds are available, the Board of Transportation attempts to meet the needs of the county.

History

Authority G.S. 136-44.1, 136-44.4; 136-44.7; 143B-350(f);143B-350(g)
Eff. July 1, 1978
Amended Eff. December 29, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02C .0107 Abandonment of Secondary Roads

History

Status: repealed
Authority G.S. 136-44.1, 136-55.1; 136-63; 143B-350(f); 143B-350(g)
Eff. July 1, 1978
Repealed Eff. December 29, 1993.

19A NCAC 02C .0108 Acquisition of Right of Way for Secondary Roads

(a) For the improvement or paving of unpaved secondary roads, the property owners shall dedicate, at no cost to the Department of Transportation, adequate right of way for construction and maintenance. As an exception, the Department of Transportation may acquire by purchase, donation or condemnation, such right of way as may be determined necessary to make safety improvements to unpaved secondary roads, or to construct, improve, or replace structures thereon, to protect the safety of the traveling public. This Section shall not be construed to limit the authority of the Department of Transportation to exercise its power of eminent domain.

(b) With respect to paved roads on the state maintained secondary road system, the Department of Transportation may acquire by purchase, donation, or condemnation, such right of way as may be determined necessary to make improvements to protect the safety of the traveling public. The terms of Paragraphs (d) and (e) of this Rule shall not apply to this Paragraph.

(c) On existing secondary roads which are part of the state highway system and have been approved for paving or general improvement, the Department of Transportation may pay for the cost of moving any existing fences or buildings within the rights of way.

(d) If one or more property owners refuse to dedicate the necessary right of way in order to pave a secondary road, the Department of Transportation may allow the remaining property owners to post a bond to cover condemnation costs incurred by the Department of Transportation. The Department of Transportation may then condemn the right of way necessary for paving the road.

(e) The amount of the bond to be posted by the property owners that are willing to give the right of way free of cost to the Department of Transportation may be determined in the following manner: The Department of Transportation may require up to two thousand five hundred dollars ($2,500) for each parcel to be condemned based upon costs incurred for such condemnations during the previous one-year period in the county involved. If no condemnation precedents have occurred in the previous one-year period in that county, the department shall use the latest condemnation cost for the county involved. In addition, the Department of Transportation may require that the estimated amount of funds for appraised damages, if any, be posted along with the amount to cover court costs. For example, if in a previous one-year period, cost incurred in a particular county for condemning one parcel of property is two thousand one hundred dollars ($2,100), the amount of two thousand one hundred dollars ($2,100) may be required per parcel. If cost incurred is three thousand dollars ($3,000) per parcel, two thousand five hundred dollars ($2,500) may be required for each parcel to be condemned. If the damages for a parcel are one thousand dollars ($1,000), a total of three thousand one hundred dollars ($3,100) may be required for that one parcel. If there are two parcels, one having one thousand dollars ($1,000) damages and the other having two hundred dollars ($200.00) damages, three thousand one hundred dollars ($3,100) may be required for one parcel and two thousand three hundred dollars ($2,300) may be required for the other.

History

Authority G.S. 136-18(26); 136-44.1; 136-44.8; 136-44.16; 136-182
Eff. July 1, 1978
Amended Eff. January 1, 2004; December 1, 1994; December 29, 1993; October 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02C .0109 River Road or Mountain Developments

Many areas have developments that serve seasonal residences mainly even though there may be some year-round occupancy. These type roads are to be added to the state maintained system by the Board of Transportation only if the access road to the development and the roads within the development are paved to the minimum Board of Transportation's construction standards. This is in line with the paved subdivision street or road requirement.

History

Authority G.S. 136-44.1, 136-44.10; 143B-350(f); 143B-350(g)
Eff. July 1, 1978
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02C .0110 Improvements for Industrial: Manufacturing Projects

(a) The Board of Transportation may review requests for access road improvements to industrial or manufacturing projects as a part of the statewide effort to attract new industry to North Carolina. Projects eligible for assistance from the Department of Transportation may be the construction or expansion of any industrial or manufacturing factory, mill, assembly or fabricating, or industrial research development or laboratory facility, or industrial processing facility. The Board of Transportation may individually review the economic impact of the location of distribution facilities for distributing manufactured goods. The number of employees and the amount of truck traffic shall be primary justification for assistance with road improvements. Approval of such requests shall be based primarily upon the initial number of employees as compared to the road improvement cost. The initial investment in the project and the precedent of past approvals by the Board of Transportation for similar projects will be considered. The particular county involved shall be considered as to current economic development.

(b) In the case of Paragraph (a) of this Rule, the access road alignment shall be determined by the Department of Transportation, and the right-of-way shall be dedicated at no cost to the Department of Transportation. Such access road improvements shall terminate at the property line of the project. The road improvements involved must become a part of the state maintained system as required by G.S. 136-44.2.

(c) The Board of Transportation may consider the addition of an access road constructed by others to the state maintenance system. The construction standards for such a road shall be determined by the Division Engineer based upon the intended use of the roadway.

History

Authority G.S. 136-44.1; 136-44.2; 143B-350(f); 143B-350(g)
Eff. July 1, 1978
Amended Eff. December 29, 1993; November 1, 1991; July 1, 1984
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02C .0111 County Landfill Roads

(a) The Department of Transportation may assist the individual counties in the construction of roads to serve county supervised landfills by either participating with the financing, by doing the construction on a 100 percent reimbursable basis or by assuming the total construction cost after it has been determined to what degree that secondary road improvement funds allocated to that county may be available. The construction cost of the road to serve the landfill must be of a reasonable nature when compared to the total needs of the county as well as available funds. The road shall become a part of the state maintained system and a right of way width to be determined by the Department of Transportation must be dedicated to the Department of Transportation at no cost and the division of highways must be allowed to utilize the landfill for dumping purposes free of charge.

(b) The initiation of such a project shall be by a resolution from the board of county commissioners recommending the use of county allocated funds to partially or totally fund the road. The resolution must also state that the Division of Highways can utilize the landfill.

History

Authority G.S. 136-44.1; 143B-350(f);; 143B-350(g)
Eff. July 1, 1978
Amended Eff. December 29, 1993; July 1, 1984
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02C .0112 Statement of Policy

History

Status: expired
Authority G.S. 136-44.1, 136-44.10; 136-102.6; 143B-350(f); 143B-350(g); 153A-205
Eff. July 1, 1978
Amended Eff. December 29, 1993; November 1, 1991; October 1, 1982
Expired Eff. October 1, 2016 pursuant to G.S. 150B-21.3A.

19A NCAC 02C .0113 Design and Construction Criteria - Subdivision Streets

History

Status: repealed
Legislative Objection [(a)] Lodged Eff. August 19, 1980
Legislative Objection [(a)] Removed Eff. April 23, 1981
Authority G.S. 136-18(1); 136-44.1; 136-102.6; 143B-350(f); 150A-62; 150A-63(c)
Eff. July 1, 1978
Amended Eff. April 11, 1980
Repealed Eff. April 3, 1981.

19A NCAC 02C .0114 School Bus Drives and School Bus Parking Areas

The Board of Transportation shall pave a school bus drive and stabilize a school bus parking area at public schools.

History

Authority G.S. 136-18(17); 143B-350(f) and (g)
Eff. November 1, 1991
Amended Eff. December 29, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02C .0115 Rural Volunteer Fire and Rescue Squad Facilities

The Board of Transportation may finance the construction of entrance driveways to the vehicle bays of rural volunteer firehouses approved by the North Carolina Fire Insurance Rating Bureau and the vehicle bays at rural rescue squad facilities approved by the North Carolina State Association of Rescue Squads, Inc. The Board of Transportation may provide maintenance improvements to those areas previously constructed by the Department of Transportation. The cost of the maintenance improvement shall be reasonable in nature and may be subject to availability of funds from the Secondary Road Fund allocation to the counties.

History

Authority G.S. 136-18(24); 143B-350(f) and (g)
Eff. November 1, 1991
Amended Eff. December 29, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02C .0116 Reimbursement of Schools for Transportation Improvements Completed on the State Highway System

(a) The school shall consult with the Department by contacting the Division of Highways, Division Office, District Engineer governing the specific area in which the school is located to initiate reimbursement for transportation improvements. Reimbursement of all costs associated with the Department's required transportation improvements shall be assessed for value consistent with Department transportation improvement projects of the same type and size. Contact information for each Division Office may be accessed at https://www.ncdot.gov/doh/divisions/. Criteria for reimbursement are as follows:

(1) The school shall comply with all of the notification provisions to the Department set forth in G.S. 136-18(29a);

(2) The school shall be open for the general instruction, specialized instruction, administration, or student services and support of children in any grade or combination of grades, from kindergarten through the 12th grade;

(3) The school shall provide paid itemized invoices from the contractor of the work completed for which the school is requesting reimbursement;

(4) The Department shall provide to the school the option of securing the written evaluation and written recommendations from the Department within 60 days. In fulfilling this option, the Department may engage a prequalified traffic engineer to provide the written evaluation. However nothing shall preclude the school from securing its own prequalified engineer. Regardless of the option chosen, the written evaluation and recommendations shall be prepared in compliance with G.S. 136-93.1A;

(5) The school may request the Department to contract with and fund a specific independent traffic engineer chosen by the school, but any such engagement shall be considered for approval on an individual basis and according to the Department's prequalification process. If the requested engineer is not on the prequalified list, the Department may take the time to qualify that engineer and add him or her to the prequalified list prior to the commencing of work on the evaluation. The process to qualify an engineer in this manner will occur when requested in writing by the school, acknowledging that the evaluation period will not start until the requested engineer is qualified;

(6) If the school hires a prequalified traffic engineer in lieu of an evaluation by the Department, the Department shall only reimburse the costs of a completed independent traffic study that quantifies the extent of a transportation problem or provides an analysis of a proposed transportation solution for the selected school site where the scope of the study is set by the Department prior to commencing work on the study;

(7) Reimbursement requests that exceed 10 percent of the estimated costs of the improvements as determined by the Department based upon the scope of the requirements for the specific project shall require written justification from the school for the increased cost;

(8) Reimbursement requests for costs associated with the engineering design and independent traffic engineering evaluation that exceed 15 percent of the construction costs reimbursement request shall require written justification from the school for the increased cost; and

(9) The Department shall only provide reimbursement for those transportation improvements on a State maintained roadway that are required by the Department. The requirements may include those requested by any other reviewing authority so long as the improvements are confirmed as necessary requirements by the Department. Schools may install improvements that exceed those required by the Department. However, the school shall agree to pay for the costs of those additional improvements. Nothing herein requires the school to agree to make any improvements beyond those that are required by the Department.

(b) Any independent traffic engineer who is completing this work for the Department or for a school shall be prequalified by the Department in Work Codes 205 – School and Traffic Operations Studies and 252 – Traffic Impact Studies. Information on Department Work Codes and prequalification may be accessed at https://connect.ncdot.gov/business/Prequal/PrequalApp/Work%20Code%20Descriptions.pdf and https://connect.ncdot.gov/business/Prequal/Pages/default.aspx. The independent traffic engineer must follow all written guidelines and standards for school studies and traffic impact analysis, and any deviation from such standards shall be subject to the review and written approval of the Department's State Traffic Engineer or his or her designee prior to completion of the study. The traffic study shall assess on-campus loading and unloading of both carpoolers and school buses. The study shall have recommendations to manage the school's on-campus traffic queues at the entrance(s) to the school, and locations within the selected school site that impact the State highway system. The independent traffic engineer shall have the scope of the study approved by the Department's District Engineer prior to initiating the study. Pursuant to G.S. 160A-307.1, the independent traffic engineer shall study those improvements that are eligible for reimbursement by the Department or municipalities. The independent traffic engineer shall prepare the study in compliance with the time periods set forth in G.S. 136-93.1A. Any traffic data collection activities will be conducted by a firm who is prequalified in Work Code 309 – Traffic Data Collection. This work may be subcontracted to a qualified firm if the independent traffic engineer is not prequalified in this area.

(c) Any new, relocated, or expanded schools that opened on or after August 1, 2017, and prior to the adoption of this temporary rule, shall contact their respective District Engineer's Office to facilitate the request for reimbursement for transportation improvements to the State highway system.

(d) A "temporary classroom facility" means any facility used for the general instruction, specialized instruction, administration, or student services and support of children in any grade or combination of grades from kindergarten through 12th grade on a temporary basis while awaiting completion of a school facilities project that will permanently house students. Any school that must open a temporary classroom facility shall consult with the District Engineer governing the specific area where the school is located. The District Engineer shall provide a written evaluation and recommendation on whether the selected school site access points to the State highway system are in compliance with G.S. 136-18(29a). Prior to selecting a temporary classroom facility, the school may request and the Department may review each of the prospective temporary classroom facility sites to determine the transportation impacts to off-campus activities. Any analysis performed of the proposed temporary classroom facility sites shall not include transportation impacts associated with on-campus activities.

(e) The Department shall consider the following non-reimbursable improvement expenses pursuant to G.S. 136-18(29a):

(1) Improvements that exceed the Department's requirements.

(2) Any connection not on the State's right-of-way but instead on the school's property.

(3) Any improvements that the Department would not require as part of G.S. 136-18(29) or G.S. 136-18(29a), such as sidewalks that do not connect to other networks or curb and gutter where the Department has curb and gutter, unless required by the Department on the driveway permit.

(4) Any on-campus transportation improvements required to manage traffic flow, parking, and routing within the property limits of the school drop-off and pick-up queuing, student and teacher parking, and loading dock expansions or relocations.

(5) New utilities required for the selected school site that are not directly associated with and impacting its access points to the State highway system. The school shall coordinate with the Department prior to the placement of any utilities in the State right-of-way. If the school chooses to place a new utility at the school site that must be moved for transportation improvements, the Department shall not reimburse for the movement of those utilities. The Department shall only provide reimbursements for existing utilities that require relocation for transportation improvements.

(6) Any improvements to the State highway system that are part of a mixed-use development site that also include a school where such improvements would be required if a school were not part of the development. The Department shall first analyze the site without considering the school facilities and then analyze the site with the school facilities included. Any improvements that are not necessitated by traffic from the school facilities shall not be reimbursable.

(7) Improvements made to the State highway system for developments planned for purposes other than a school. Any additional improvement to the State highway system required by the conversion of property to a school shall be eligible; however, an additional school study may be required if the Department has previously been approached and analyzed the site according to a non-school or non-educational land use.

(f) Where a new, relocated, or expanded school is located on a property that is only served by a municipal street that is not State-maintained, the school may request a review and final determination by the Department pursuant to G.S. 160A-307.1 to assess whether the improvements required by the municipality exceed those required by G.S. 136-18(29).

History

Authority G.S. 136-18(1); 136-18(29); 136-18(29a); 136-28.1, 136-93.1A; 160A-307.1
Temporary Adoption Eff. February 23, 2018.

19A NCAC 02C .0201 Definitions

Note: The Department of Transportation publishes a volume entitled "Subdivision Roads." This volume contains illustrations of typical subdivision cross sections, street connections, intersections, driveway turnout grades and cul-de-sacs. The volume also contains names and addresses of division and district engineers. In general "Subdivision Roads" is a restatement of the information included in this Section. A copy of "Subdivision Roads" may be obtained from the Secondary Roads Department, Division of Highways in Raleigh, or from division and district highway offices across the state without charge.

The following definitions shall apply in this Section:

(1) Local residential subdivision road. Either cul-de-sacs, loop roads, or roads that do not connect thoroughfares or serve major traffic generators such as schools or industrial sites.

(a) Subdivision dead end roads. These are roads less than 2,500 feet in length, open at one end only without special provision for turning around and have no collector characteristics.

(b) Subdivision connecting roads. These roads are one block long or extend on a block-by-block basis and have no collector characteristics.

(c) Subdivision loop roads. A road that has its beginning and ending points on the same route. It is less than one mile in length and has no collector characteristics.

(d) Other subdivision roads. These roads do not connect thoroughfares or serve major traffic generators and do not have "collector" characteristics.

(2) Residential collector roads. A road which serves as the connecting road between local residential roads and the thoroughfare system.

(a) Collector dead end roads. These roads are more than 2,500 feet in length, open at one end only without special provisions for turning around, and have collector characteristics.

(b) Collector connecting roads. The roads which serve as the connecting road system between other roads within the subdivision and the thoroughfare system.

(c) Collector loop roads. A road that has its beginning and ending points on the same route. It is more than one mile in length and has collector characteristics.

(d) Other collector roads. These are other roads having a "collector" type function in the thoroughfare system.

(3) A Subdivision road is one that serves a parcel or tract of land that is subdivided into two or more lots, building sites or other divisions for sale or building development for residential purposes where such subdivisions include a new road or change in an existing road. Subdivision roads may be designated public or private. Public designations will be built to minimum construction standards of the North Carolina Department of Transportation as required under G.S. 136-102.6. Private roads need not meet minimum construction requirements, but must meet minimum construction requirements before ever becoming a part of the State-maintained system.

History

Authority G.S. 136-18(1); 136-44.1; 136-102.6
Eff. April 3, 1981
Amended Eff. December 29, 1993; July 1, 1984; October 1, 1982.
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02C .0202 Application Requirements

Any person or corporation desiring to construct a new subdivision road which is to be dedicated as public, must submit the following information to the District Engineer for proper evaluation in order to obtain a certificate of approval as required by G.S. 136-102.6. If the new subdivision road (to be dedicated as public or private) will connect to a State System road, a permit authorizing construction on State right of way must be obtained from the Division of Highways before beginning any construction. Applications shall be made to the District Engineer having jurisdiction in the area. Applications for new subdivision roads shall include the following information:

(1) two complete site layouts, including any future expansion anticipated;

(2) horizontal alignment indicating general curve data on site layout plan;

(3) vertical alignment indicated by percent grade, P. I. station which is the point of intersecting grades, and vertical curve length on site layout plan. The plotting of the ground profile for roads where special conditions or problems exist may be required;

(4) typical section indicating the pavement design and width, and the slopes, widths and details for either the curb and gutter or the shoulder and ditch proposed;

(5) routine drainage facilities and drainage areas;

(6) vicinity map;

(7) the number of platted lots on each road shall be reviewed to insure that the minimum housing requirements are served; and

(8) four copies of the recorded plat after certification or upon application for State Maintenance.

History

Authority G.S. 136-18(1); 136-44.1
Eff. April 3, 1981
Amended Eff. December 29, 1993; July 1, 1984
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02C .0203 Requirements/Addition of Subdivision Roads to the System

The following conditions must be met before the Division of Highways may consider the addition of a subdivision street to the state highway system:

(1) The minimum construction standards and other requirements in this Section must be a part of the proposal to be reviewed for approval before the subdivision map is recorded in the county Register of Deeds Office.

(2) The developer or property owners shall submit a petition for addition (DOT Form SR1) to the Department of Transportation.

(3) Developers or property owners must dedicate right-of-way free of charge and clear of all encumbrances.

(4) Utilities requiring adjustment or relocation to conform to Division of Highways requirements (See Rule .0204 of this Section) shall be made at no expense to the Division of Highways. Existing or relocated utilities may remain within the right-of-way of any subdivision street added to the secondary road system provided the location of same meets Division of Highways' approval and further provided the utility owner executes an encroachment agreement on forms furnished by the Division of highways.

(5) At least 20 percent of the lots bordering the street must be individually owned.

(6) Subdivision access roads must provide ingress and egress for at least five occupied residences for roads less than one mile in length and an average of five occupied residences per mile for roads over one mile in length. A subdivision access road is a road built through vacant property to provide access to the property being developed. This road would not have lots platted along it.

(7) A minimum of four occupied homes is required for the addition of roads less than two-tenths of a mile in length. Cul-de-sacs less than two-tenths mile in length must serve at least four occupied homes. If four occupied homes are not served, it shall be treated as a private drive.

(8) Connecting streets with less than the required occupied homes for the length involved may be reviewed as to traffic usage for addition purposes. Traffic usage equivalent to the traffic that would be generated by the correct number of occupied homes may be acceptable.

(9) Any subdivision street with a right-of-way dedicated, recorded or that has preliminary approval from a county planning board dated after September 30, 1975 shall not be added to the state maintained system unless the street is paved to the minimum construction standards of the Division of Highways for subdivision streets.

(10) The Division of Highways may consider the addition of streets that serve developments with large lots or parcels that are of the size that the occupied housing requirement of two homes per tenth of a mile cannot be met. The number of occupied homes needed may be a judgment factor based upon the length and the number of lots or parcels involved. The minimum requirement shall be four occupied homes.

(11) Erosion and sedimentation. All subdivision roads shall have a permanent vegetative cover established and other permanent erosion control measures installed in accordance with Division of Highways' specifications.

(12) Prior to addition to the state system, subdivision roads shall be in an acceptable state of maintenance when petitioned for state maintenance.

(13) All pipe culverts, storm sewers and appurtenances shall be free of all debris and silt build-up and shall be structurally and hydraulically sound, and functioning in a normal manner. All drainage ditches shall be of such a width and depth and with such a slope as to carry the anticipated discharges. Paved ditches or rip rap shall be required where necessary.

History

Authority G.S. 136-18(1); 136-44.1; 136-102.6
Eff. April 3, 1981
Amended Eff. December 29, 1993; July 1, 1984; October 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02C .0204 Utility Requirements for Subdivision Roads

The following conditions must be met for utilities to be added to subdivision roads.

(1) Location.

(a) Poles and other above-ground utilities which are to remain inside the right-of-way under an encroachment agreement shall be located at or as near as practical to the right-of-way line.

(b) Where there are curbed sections, above-ground utilities may be located as far as practical behind sidewalks. There is no single minimum dimension for setback of poles, fire hydrants, etc., behind curbs; however, where there are curbed sections and no sidewalks, six feet shall be used as design safety concept guide.

(2) Depth of cover for pipe lines and other utilities:

(a) longitudinal pipe lines and electric power primary 3'

(b) longitudinal electric power secondary, and trenched communication lines 2'

(d) crossings under ditches 2'

(e) plowed-in communication lines 18"

(3) Underground Utilities. For residential subdivision roads and residential collector roads, underground utilities may cross under or run longitudinally under the pavement. For all other roads and highways, underground utilities may cross under but NOT run longitudinally under the pavement except in unusual situations approved by the Division Engineer.

(4) Acceptable materials for utilities outside pavement shall be the same as covered in (d) of this Rule.

(5) Any utility to be installed within the right-of-way of a state maintained road will require an encroachment agreement with the North Carolina Department of Transportation in accordance with 19A NCAC 2B .0500.

History

Authority G.S. 136-18(1); 136-44.1; 136-102.6
Eff. April 3, 1981
Amended Eff. December 29, 1993; July 1, 1984
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02C .0205 Drainage Requirements for Subdivision Roads

(a) The Division of Highways shall review all drainage prior to acceptance of any facility to the state system.

(b) All storm drainage shall be adequate so that the road may be maintained without excessive cost, and not cause flooding on private property from runoff of an appropriate storm frequency. Permanent drainage easements may be required. The minimum design frequency shall be as follows:

(1) storm sewer collector -- 10 year frequency;

(2) cross drainage -- 25 year frequency.

(c) In areas where ditch grades or quantities of flow deem it impracticable to establish and maintain vegetation, an erosive resistant lining such as paving or rock rip rap may be required.

(d) Subsurface drainage shall be adequate to maintain a stable subgrade.

(e) When road crossings are within areas designated as flood hazard areas under the Federal Flood Insurance Program, the design must be approved by the responsible local governing agency for its consistency with local flood zoning ordinances.

History

Authority G.S. 136-18(1); 136-44.1; 136-102.6
Eff. April 3, 1981
Amended Eff. December 29, 1993; July 1, 1984
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02C .0206 Bridge and Dam Requirements for Subdivision Roads

History

Status: repealed
Authority G.S. 136-18(1); 136-44.1
Eff. April 3, 1981
Amended Eff. July 1, 1984
Repealed Eff. December 29, 1993.

19A NCAC 02C .0207 Curb and Gutter Requirements for Subdivision Streets

History

Status: repealed
Authority G.S. 136-18(1); 136-44.1
Eff. April 3, 1981
Amended Eff. July 1, 1984
Repealed Eff. December 29, 1993.

19A NCAC 02C .0208 Wheel Chair Ramps

History

Status: repealed
Authority G.S. 136-18(1); 136-44.1
Eff. April 3, 1981
Amended Eff. December 29, 1993
Repealed Eff. December 1, 2013.

19A NCAC 02C .0209 Pavement Designs for Subdivision Roads

History

Status: repealed
Authority G.S. 136-18(1); 136-44.1; 136-102.6
Eff. April 3, 1981
Amended Eff. July 1, 1984; October 1, 1982
Repealed Eff. December 29, 1993.

19A NCAC 02C .0210 Minimum Design Criteria for Subdivision Roads

History

Status: repealed
Authority G.S. 136-18(1); 136-44.1; 136-102.6
Eff. April 3, 1981
Amended Eff. July 1, 1984; October 1, 1982
Repealed Eff. December 29, 1993.

19A NCAC 02C .0211 Street Intersections for Subdivision Streets

History

Status: repealed
Authority G.S. 136-18(1); 136-44.1; 136-102.6
Eff. April 3, 1981
Amended Eff. July 1, 1984; October 1, 1982
Repealed Eff. December 29, 1993.

19A NCAC 02C .0212 Islands or Short Medians at Subdivision Entrances

The Department of Transportation may review requests for the allowance of islands or short medians in the right of way desired for aesthetics on State Highway System Secondary Roads at the entrance to a subdivision. The division engineer may allow the island or median sections after review on an individual basis. Approval may be subject to the following conditions:

(1) The Department of Transportation will not maintain the island or the median section.

(2) The island or the median section will be removed if not properly maintained by someone involved with the subdivision, i.e. developer, homeowners, etc.

History

Authority G.S. 136-18(1); 136-44.1; 136-102.6
Eff. October 1, 1982
Amended Eff. December 29, 1993; July 1, 1984
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02C .0213 Subdivision Name Markers

The Department of Transportation may review requests to erect subdivision name markers on an individual basis. The name markers may be allowed to be located within the State Highway System Secondary Road rights of way at the beginning of a subdivision road provided the location of such is outside the line of sight and the normal maintenance limits. The name markers may be approved only at locations which will not sacrifice safety to the general traveling public. Approval to erect subdivision name markers shall be subject to the following conditions:

(1) All costs shall be the responsibility of the requestor.

(2) The Department of Transportation will not maintain the marker or the area around the marker.

(3) The markers may be removed if not properly maintained.

History

Authority G.S. 136-18(1); 136-44.1; 136-102.6
Eff. October 1, 1982
Amended Eff. December 29, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

Subchapter D

19A NCAC 02D .0101 Standard Specifications for Roads and Structures

History

Status: repealed
Legislative Objection [(a)] Lodged Eff. August 19, 1980
Legislative Objection [(a)] Removed Eff. April 23, 1981
Authority G.S. 136-18(1); 143B-348; 150A-62; 150A-63(c)
Eff. July 1, 1978
Amended Eff. April 11, 1980
Repealed Eff. April 3, 1981.

19A NCAC 02D .0102 Minimum Size of Surface Drainage Pipeline

All installation of pipe for surface drainage purposes on the State Highway System right of way shall be a minimum diameter of 12".

History

Authority G.S. 136-18(1); 136-92; 136-93; 156-88
Eff. July 1, 1978
Amended Eff. January 1, 1984; April 3, 1981
Readopted Eff. February 1, 2019.

19A NCAC 02D .0103 Roadway Standards

History

Status: repealed
Authority G.S. 136-18(1); 136-45; 136-44.1; 143B-350(f); 143B-350(g); 150A-62; 150A-63(c)
Eff. July 1, 1978
Repealed Eff. April 3, 1981.

19A NCAC 02D .0104 Guidelines - Curb Ramps

(a) Guidelines for the design and construction of curb ramps are available from the Division of Highways, 1 S. Wilmington Street, Raleigh, North Carolina 27601, (919) 707-2500.

(b) The party or parties cutting an existing curb or constructing a new curb shall ensure that all work is in compliance with all applicable laws.

History

Authority G.S. 136-44.14(c)
Legislative Objection (a) Lodged Eff. August 19, 1980
Legislative Objection (a) Removed Eff. April 23, 1981
Eff. July 1, 1978
Amended Eff. December 1, 1993; April 3, 1981; April 11, 1980
Readopted Eff. February 1, 2019.

19A NCAC 02D .0201 Cooperation with Property Owners

The Department of Transportation will cooperate with owners of property abutting highway rights of way in eradicating or satisfactorily controlling the growth of kudzu, bermuda grass, johnson grass, or nutgrass, within limitations of available funds and personnel.

History

Authority G.S. 136-18(9); 136-93; 143B-350(f),(g)
Eff. July 1, 1978
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0202 Conditional Cooperation

(a) The extent of participation of the Department in eradication or control work shall be determined by the severity of damage to abutting property, the possibility of roadside erosion and drainage problems resulting from eradication, and the degree of responsibility for the plant infestation that is traceable to the department.

(b) The property owner, or owners, and the department shall agree in writing to the degree of eradication or control of such undesirable vegetation. The Department shall perform only the work on highway right of way and the property owner shall perform the work on his property, according to the methods and additional conditions outlined in the written agreement.

(c) There shall be a stipulation in the written agreement indemnifying the department from damage on private property to crops, grasses, trees, shrubs, etc. resulting from any herbicides which are applied on highway right of way, with all reasonable and customary precautions for the eradication or control of the undesirable vegetation.

(d) All reasonable precautions shall be taken to prevent damage to desirable vegetation on highway right of way during eradication or control operations on private property.

History

Authority G.S. 136-18(9); 136-93; 143B-350(f),(g)
Eff. July 1, 1978
Amended Eff. December 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0203 Planting Plans

Planting proposals of the type in Rule .0423 of this Subchapter shall be accompanied by a plan and a typical cross-section. They shall be to scale; or approximately to scale with dimensions shown so as to be adaptable to office review. Sizes preferred are a letter-size sheet, a legal-size sheet, or double the sizes of these sheets, thus permitting simple xerox reproduction.

History

Authority G.S. 136-18(9); 136-89.50; 136-93; 143B-350(f),(g)
Eff. July 1, 1978
Amended Eff. December 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0301 Prequalifying to Bid

History

Status: repealed
Authority G.S. 136-18(1); 136-28.1; 136-44.1; 136-45; 143B-350(g)
Eff. July 1, 1978
Repealed Eff. April 3, 1981.

19A NCAC 02D .0302 Approval or Rejection

History

Status: repealed
Authority G.S. 136-18(1); 136-28.1; 136-44.1; 136-45; 143B-350(g)
Eff. July 1, 1978
Repealed Eff. April 3, 1981.

19A NCAC 02D .0303 Annual Requalification for Bidding

History

Status: repealed
Authority G.S. 136-18(1); 136-28.1; 136-44.1; 136-45; 143B-350(g)
Eff. July 1, 1978
Repealed Eff. April 3, 1981.

19A NCAC 02D .0304 Experience Questionnaire

History

Status: repealed
Authority G.S. 136-18(1); 136-28.1; 136-44.1; 136-45; 143B-350(g)
Eff. July 1, 1978
Repealed Eff. April 3, 1981.

19A NCAC 02D .0305 Attorney General Participation

History

Status: repealed
Authority G.S. 143-49(3); 143-129; 143-129.1; SL. ch. 617,s. 1(1977)
Eff. July 1, 1978
Repealed Eff. September 1, 1978.

19A NCAC 02D .0306 Withdrawal of Erroneous Bids

History

Status: repealed
Authority G.S. 143-49(3); 143-129; 143-129.1; SL. ch. 617,s. 1(1977)
Eff. July 1, 1978
Repealed Eff. September 1, 1978.

19A NCAC 02D .0307 Advertisement and Invitations for Bids

History

Status: repealed
Authority G.S. 136-28.1
Eff. September 1, 1978
Repealed Eff. April 3, 1981.

19A NCAC 02D .0308 Bidding Rules and Regulations

History

Status: repealed
Authority G.S. 136-28.1
Eff. September 1, 1978
Repealed Eff. April 3, 1981.

19A NCAC 02D .0401 Highway Maintenance Contract Retreatment Program

History

Status: repealed
Authority G.S. 136-44.3; 136-44.1; 143B-350(f); 143B-350(g)
Eff. July 1, 1978
Repealed Eff. November 1, 1991.

19A NCAC 02D .0402 Curb and Gutter and Underground Drainage on Highways

(a) The following Subparagraphs are applicable to Projects included in the State Transportation Improvement Program.

(1) If curb and gutter or underground storm drainage facilities are not included in a State highway improvement project, such facilities may be added as part of the programmed project if the additional cost of these facilities are paid by the adjacent property owner(s) or the municipality.

(2) The Department shall approve participation by the property owner(s) or the municipality in cases where the property owner(s) or the municipality agree to have curb and gutter and underground storm drainage, if required, on both sides of the project for a minimum distance of one block or, if no intersections are present, for a minimum distance of 1000 feet. The State shall pay the cost of widening the present or proposed pavement out to the curb and gutter so provided.

(3) The property owner(s) or the municipality shall submit in advance of the project construction a certified check for the additional cost of the approved curb and gutter and storm drainage facilities.

(b) Other Existing Paved Roads. Along existing paved State highway system routes where no construction project is proposed and the adjacent property owner(s) or the municipality construct curb and gutter and underground drainage facilities as approved by the Board of Transportation, the Department of Transportation shall bear the cost of widening the existing pavement as required for the proper location and installation of such facilities. Approval of curb and gutter or underground storm drainage facilities that are located along the State highway system, where no construction projects are proposed, shall be determined according to the engineering standards of the Department, and based on:

(1) adequacy of the facilities to handle drainage requirements;

(2) adequacy of the resulting roadway cross section to handle existing and anticipated traffic demands;

(3) conformance of the proposed street cross section with engineering standards as established by the Board of Transportation;

(4) a minimum distance of one block length or, if no intersections are present, for a minimum distance of 1000 feet provided this requirement is not in conflict with local municipal ordinances. In cases of conflict, the local ordinance shall prevail; and

(5) availability of State funds to widen the existing pavement, when applicable.

History

Authority G.S. 136-44.1; 136-66.1; 143B-350(f); 143B-350(g)
Eff. July 1, 1978
Amended Eff. November 1, 1993
Readopted Eff. June 1, 2019.

19A NCAC 02D .0403 Use of Dust Allaying Materials

(a) Requests for calcium chloride dust treatments shall be addressed to the County Maintenance Yard having jurisdiction in the county where the work is proposed.

(b) Calcium chloride dust treatments shall only be placed on State highway system roads and streets provided:

(1) prior approval is obtained from the Division Engineer or the Division Engineer's authorized designee having jurisdiction in the county where the dust treatment is proposed; and

(2) calcium chloride is furnished by the person requesting the dust treatment and placed by the Department or its agents.

(c) The Division Engineer or the Division Engineer's authorized designee shall approve requests for calcium chloride dust treatments unless conditions are wet, rendering the dust treatment ineffective, and if the dust treatment would worsen road surface conditions.

(d) The person requesting the dust treatment shall purchase and deliver the calcium chloride as directed by the Division Engineer or his or her designee.

History

Authority G.S. 136-18(1); 136-18(27); 143B-346
Eff. July 1, 1978
Amended Eff. November 1, 1993
Readopted Eff. June 1, 2019.

19A NCAC 02D .0404 Maintenance Within Municipalities

(a) The definitions set forth in this Paragraph shall apply to this Rule.

(1) "Board" means the Board of Transportation.

(2) "Cross pipe lines" means pipe lines under the roadway surface, designed to convey water from one side of a street or highway to the other.

(3) "Maintenance" means routine care or upkeep to keep roads, streets, or highways in the existing condition and with the existing traffic carrying capacity.

(4) "Municipality" means an incorporated city or town within the State of North Carolina.

(5) "Non-State municipal street" or "Non-State system municipal highway" (municipal system) mean any street or highway accepted by the municipality that is not a part of the State highway system.

(6) "Open drainage" means drainage systems utilizing open side ditches, tail, lateral and outfall ditches to convey surface water to outfall streams.

(7) "Pavement" means the paved portion of streets, including paved shoulders and on-street parking areas, but not including sidewalks and driveways.

(8) "Rural highway" or "Rural street" means a highway or street on the State highway system outside the limits of a municipality.

(9) "Shoulder" means earthen, soil, clay, gravel or turf section of pavement support extending from outer pavement edge to the bottom of side ditch, including shoulder sections which are paved.

(10) "Sidewalk" means paved walkway, parallel to streets or highways.

(11) The State highway system includes those streets and highways as described in G.S. 136-45.

(12) "State municipal system street" or "State municipal street highway" mean any street or highway on the State highway system within a municipality.

(13) "Storm drainage" or "Storm sewers" mean a system of underground pipes, culverts, conduits, or tunnels, including drop inlets and catch basins, designed to convey water from surface areas to eventual disposal into outfall streams.

(b) Responsibilities.

(1) The Department shall patch and resurface pavement.

(2) The municipality shall repair pavement cuts made for utility repair or other purposes under the control of the municipality. The Division of Highways District Engineer, or the District Engineer's designated representative shall be notified in writing 48 hours in advance of any pavement cut and approval must be obtained prior to making the cut. Pavement cuts due to emergencies may proceed as necessary with the Division of Highways District Engineer, or the District Engineer's designated representative being notified as soon as possible after the emergency is discovered and the pavement cut is made or anticipated.

(3) If the maintenance of any State highway system street is performed by the municipality, then it shall be the responsibility of the municipality, subject to the approval and direction of the Department, to install and maintain signs, barricades, and other safety devices of like nature, and to furnish flagmen when necessary; all shall be performed in accordance with G.S. 136-130.

(4) An encroachment agreement is required for the initial installation of any utility on the State highway system right-of-way by the municipality as well as by utility companies and individuals.

(5) Drainage.

(A) The maintenance of roadway ditches including median drainage, where applicable, and cross drainage pipes, outfalls, and structures shall be the responsibility of Department within the highway right-of-way or within a drainage easement area.

(B) The maintenance of storm drainage and storm sewer systems draining State highway system streets within the highway right-of-way or within a drainage easement area shall be the responsibility of the Department. Where systems draining State highway system streets are enlarged and expanded to accommodate drainage from municipal streets, the initial cost and the maintenance cost shall be borne jointly by agreement.

(C) Attachments to drainage structures shall require the written approval of the Department prior to any utility or other attachment being made to any bridge or structure on the State highway system. Approval shall be required before turning any utility under or through a bridge or drainage structure on the State highway system. Approval is obtained through an encroachment agreement and dependent upon the complexity of the attachment.

(6) The maintenance of sidewalks is a municipal responsibility.

(7) Roadside Maintenance.

(A) All planting, plant maintenance, mowing, erosion control, and litter pickup on freeways, interstate, and other controlled access highways shall be the responsibility of the Department, except as otherwise provided by this Rule.

(B) Non-controlled Access Surface Streets

(i) Erosion control, machine mowing, litter pickup, and the maintenance of trees over the entire width of right-of-way without sidewalk or pedestrian space, paved or unpaved, shall be the responsibility of the Department. Maintenance of shrubs or other planting over the entire width of right-of-way without sidewalk or pedestrian space, paved or unpaved, shall be the responsibility of the Department subject to the provision providing for specific planting projects as outlined in Part (7)(C) of this Paragraph.

(ii) The Department shall be responsible for the maintenance of the area outside of the curbs or within and beyond the sidewalk or pedestrian space, paved or unpaved. These areas are used almost exclusively for pedestrians, and the maintenance of such areas shall be the responsibility of the municipality.

(C) Should the municipality desire more extensive planting than is provided by the Department, a plan for such proposed planting shall be submitted to the Department and considered a construction or improvement item. An individual permit and agreement on Department and municipal responsibilities for planting and plant maintenance shall be required in each instance, covering not only financial responsibility but also the furnishing of personnel, equipment and materials for performing plant maintenance and associated hand mowing operations.

(D) Civic organizations desiring to provide more extensive planting of trees and shrubs in the municipality on Department right-of-way than is provided by the Department shall handle negotiations through the municipality as outlined in Part (7)(C) of this Paragraph.

(8) Snow and Ice Control.

(A) The responsibility for clearing State highway system streets shall be the responsibility of the Department; however, municipalities may, with the concurrence of the Division Engineer, execute an agreement with the Department providing for reimbursement by the Department to the municipality for the assumption of this responsibility.

(B) The removal of snow from sidewalk areas shall not be the responsibility of the Department.

(9) The Department shall maintain, repair, and replace guard rail on the State highway system streets and highways.

(10) Street Lighting.

(A) The Department shall maintain street lighting on freeways, interstate systems, and other controlled access highways if determined to be for public safety.

(B) The maintenance and the electric current for lighting systems on streets or highways other than as referred to in Part (10)(A) of this Paragraph shall be the responsibility of the municipality, unless otherwise provided for by specific agreement.

(C) The installation of street lighting systems by the municipality on State highway system streets within the right-of-way may be allowed by the Department by encroachment agreement only.

(11) The Department and the municipality shall ensure that traffic lanes are kept open. In the event that any traffic lanes are blocked for any reason, the Department and the municipality shall ensure that the blockage is signed or flagged.

History

Authority G.S. 136-66.1; 136-93; 143B-346
Eff. July 1, 1978
Amended Eff. November 1, 1993
Readopted Eff. July 1, 2019.

19A NCAC 02D .0405 Examples of Construction and Maintenance Activities

History

Status: repealed
Authority G.S. 136-66.1; 143B-346; 143B-350(f); 143B-350(g); 150B-21.3A
Eff. July 1, 1978
Amended Eff. November 1, 1993
Repealed Eff. June 1, 2019.

19A NCAC 02D .0406 Construction and Maintenance of Sidewalks

(a) The Department shall replace any sidewalk torn up as a result of a highway construction project having to do with the widening of an existing street.

(b) The Department shall evaluate the need for proposed sidewalks in the planning stage of a project. The Department shall assess information provided by the local government, Transportation Advisory Committee, and Departmental engineering studies.

(c) The execution of a pedestrian facilities maintenance agreement specifying responsibility for long term maintenance shall be required prior to construction for a proposed sidewalk.

History

Authority G.S. 136-66.1; 143B-346; 23 U.S.C. 133; 23 U.S.C. 217
Eff. July 1, 1978
Amended Eff. May 1, 1999; December 29, 1993
Readopted Eff. July 1, 2019.

19A NCAC 02D .0407 Highway and Street Planting in Municipalities

History

Status: repealed
Authority G.S. 136-66.1; 143B-346; 143B-350(f); 143B-350(g)
Eff. July 1, 1978
Repealed Eff. November 1, 1991.

19A NCAC 02D .0408 Temporary Bridge Weight Limits and Closings

After an inspection of any bridge on the State Highway System, any Department of Transportation bridge safety inspector, or any bridge maintenance supervisory personnel, may temporarily lower the authorized weight limits on a bridge, or close the bridge as the circumstances may warrant, if, in his or her judgment, the bridge is not capable of carrying the authorized weight. Such limitation or bridge closing shall remain in effect, not to exceed 60 days, until an analysis of the bridge is made and action taken based upon the bridge analysis.

History

Authority G.S. 136-72; 143B-350
Eff. July 1, 1978
Readopted Eff. March 1, 2019.

19A NCAC 02D .0409 Temporary Road Restrictions

History

Status: repealed
Authority G.S. 20-121
Eff. July 1, 1978
Repealed Eff. January 1, 1994 pursuant to 1991 S.L., c. 477, s. 3.

19A NCAC 02D .0410 Rental of Supplemental Equipment

The Department of Transportation, in accordance with its needs and the availability of state-owned equipment, may supplement its own equipment requirements by the rental of privately-owned equipment. Operators may also be furnished with equipment.

History

Authority G.S. 143B-346; 143B-350(f); 143B-350(g)
Eff. July 1, 1978
Amended Eff. November 1, 1993; November 1, 1991
Readopted Eff. June 1, 2019.

19A NCAC 02D .0411 Limitations on Usage

History

Status: repealed
Authority G.S. 143B-346; 143B-350(f); 143B-350(g)
Eff. July 1, 1978
Repealed Eff. January 1, 1994 pursuant to 1991 S.L., c. 477, s. 3.

19A NCAC 02D .0412 Rest Areas and Welcome Centers - Authority

History

Status: repealed
Authority G.S. 136-89.59
Eff. July 1, 1978.
Repealed Eff. August 1, 1986.

19A NCAC 02D .0413 Approval for Use - Rest Areas, Welcome Centers

History

Status: repealed
Authority G.S. 136-89.59
Eff. July 1, 1978.
Repealed Eff. August 1, 1986.

19A NCAC 02D .0414 Location of Garbage Collection Containers

(a) An encroachment agreement between the Department and non-Departmental parties shall be required for a garbage collection container site on any State highway rights-of-way.

(b) No garbage collection container shall be located within 500 feet of an occupied dwelling unless the applicant

obtains written permission from the owner of the dwelling.

(c) Information on initiating the encroachment agreement process for the placement of garbage collection containers on any State highway rights-of-way may be obtained from the State Utilities Manager.

(d) Guidelines for container sites are as follows:

(1) the county or municipality negotiating and executing the encroachment

agreement shall be responsible for any work to be performed in preparation of the site, and any work performed by the Department, on the site, shall be on a reimbursable basis; and

(2) container sites adjacent to unpaved roads shall be prepared with materials similar to those existing on the traveled portion of the roadway.

(e) If container sites are located adjacent to the roadway, sight distances shall be provided for any vehicle to safely enter the road from the container site.

(f) Container sites shall be permitted adjacent to roadways only if lateral clearances can be provided from the edge of pavement to the container.

(g) The county or municipality that holds an executed agreement for the placement of garbage collection containers, as set forth in this Rule, shall maintain a collection schedule in order to prevent container spillage or overflow, and shall keep the site free from all garbage and trash, other than that which is within the garbage collection containers. Garbage and trash collection located within the garbage collection containers shall be authorized by the encroachment agreement. The encroachment agreement shall provide that the District Engineers shall give written notice to the county or municipality of any failure to comply with this requirement. The encroachment agreement shall also provide that, if a county or municipality that is so notified and does not bring the site within compliance of the requirement within 30 days of receipt of the written notice, the encroachment agreement shall automatically terminate, and the District Engineer shall arrange for the disposal of the garbage collection containers.

History

Authority G.S. 136-18.3; 136-18(10)
Legislative Objection [(a)] Lodged Eff. August 19, 1980
Legislative Objection [(a)] Removed Eff. April 23, 1981
Eff. July 1, 1978
Amended Eff. March 1, 2013; November 1, 1993; October 1, 1991; April 3, 1981; April 11, 1980
Readopted Eff. June 1, 2019.

19A NCAC 02D .0415 General Regulations for Drawbridges

History

Status: repealed
Authority G.S. 136-18(5); 150B-21.3A
Eff. July 1, 1978
Amended Eff. August 1, 2000; April 1, 1999; August 1, 1998; January 1, 1996; November 1, 1993
Repealed Eff. February 1, 2019.

19A NCAC 02D .0416 Bridge Between Morehead City and Atlantic Beach

History

Status: repealed
Authority G.S. 136-18(5)
Eff. July 1, 1978
Amended Eff. August 10, 1981
Repealed Eff. November 1, 1991.

19A NCAC 02D .0417 Bridge on Us 17 Over Neuse River at New Bern

History

Status: repealed
Authority G.S. 136-18(5)
Eff. July 1, 1978
Amended Eff. November 1, 1991; August 10, 1981
Repealed Eff. November 1, 1993.

19A NCAC 02D .0418 Bridge on Us 70 Over Trent River at New Bern

History

Status: repealed
Authority G.S. 136-18(5)
Eff. July 1, 1978
Amended Eff. November 1, 1991; August 10, 1981
Repealed Eff. November 1, 1993.

19A NCAC 02D .0419 Bridge on Us 17b Over Perquimans River at Hertford

History

Status: repealed
Authority G.S. 136-18(5)
Eff. July 1, 1978
Amended Eff. November 1, 1991; August 10, 1981
Repealed Eff. November 1, 1993.

19A NCAC 02D .0420 Drawbridges Open Only Upon Advance Notice

History

Status: repealed
Authority G.S. 136-18(5)
Eff. July 1, 1978
Amended Eff. November 1, 1991; August 10, 1981
Repealed Eff. November 1, 1993.

19A NCAC 02D .0421 Installation of Driveway Pipe

(a) The Department of Transportation shall be responsible for the installation and costs of pipe lines in the drainage ditch along State-maintained roads and within State-maintained right-of-way or easement at entrances to private residential property where the pipe is furnished and delivered to the installation site by the property owner at the property owner's expense if the following requirements are met:

(1) the opening of the side ditch is needed to provide drainage;

(2) the pipe to be installed shall be restricted to a minimum inside diameter of 15 inches long and maximum inside diameter of 48 inches unless otherwise directed by the Department;

(3) the minimum length of pipe to be installed shall be 20 feet with additional length as may be necessary to accommodate earth side slopes. The pipe shall not be lengthened for the purpose of eliminating typical side ditches;

(4) the property does not already have ingress and egress;

(5) the proposed location for the driveway entrance does not present safety hazards such as insufficient sight distance, proximity to other intersections, increased traffic congestion, poor roadway facility operations, decreased highway capacity, driver and pedestrian confusion, or other risks associated with vehicular traffic entering, leaving, and parking adjacent to accesses for residential property; and

(6) the property is limited to farm entrances and property owned by the individual currently living on the property or owned by the individual proposing to use the property for residential purposes. This does not include property being developed for sale.

(b) "Commercial property" includes:

(1) any property currently being used for commercial or industrial purposes;

(2) property that is being developed for commercial or industrial purposes; and

(3) property that is being developed for sale.

(c) The Department shall install pipe lines in the drainage ditch along the side of State-maintained roads and within State-maintained right-of-way or easements at entrances to commercial property when the pipe is furnished and delivered to the installation site by the property owner at the property owner's expense if the following requirements are met:

(1) prior to installation, the property owner shall submit to the Department an application for installation of a commercial driveway pipe together with a payment in the amount of ten dollars ($10.00) per linear foot of pipe to be installed. The application shall contain the following:

(A) description of the property location;

(B) description of the property use;

(C) acknowledgment that the driveway or street entrance shall be constructed and maintained in absolute conformance with the current "NCDOT Policy on Street and Driveway Access to North Carolina Highways;"

(D) acknowledgment that no signs or objects shall be placed on or over the public right-of-way other than those approved by the Department;

(E) acknowledgment that the driveway(s) or street(s) shall be constructed as shown on the attached plans;

(F) acknowledgment that the driveway(s) or street(s) shall include any approach tapers, storage lanes, or speed change lanes as deemed necessary by the Department;

(G) acknowledgment that if any future improvements to the roadway become necessary, the portion of driveway(s) or street(s) located on public right-of-way shall be considered the property of the Department, and the property owner shall not be entitled to reimbursement or have any claim for present expenditures for driveway or street construction;

(H) acknowledgement that the permit shall become void if construction of driveway(s) or street(s) is not completed within the time specified by the NCDOT Policy on Street and Driveway Access to North Carolina Highways;

(I) requirement that a fifty dollar ($50.00) construction inspection fee be paid by the property owner to the Department, and reimbursed to the property owner by the Department if the application is denied;

(J) acknowledgment that the construction and maintenance of the driveway(s) or street(s) shall be performed in a safe manner so as not to interfere with or endanger the traveling public.

(K) acknowledgment that signage, signals, flaggers, and other warning devices shall be provided during construction and in conformance with the current Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD);

(L) acknowledgment that the Department shall be indemnified and saved harmless from all damages and claims for damage that may arise by reason of construction;

(M) requirement that the property owner shall provide a Performance and Indemnity Bond in the amount specified by the Division of Highways for any construction proposed on the State Highway system;

(N) acknowledgment that the permit shall be granted subject to the regulatory powers of the Department as provided by law and as set forth in the NCDOT Policy on Street and Driveway Access to North Carolina Highways and shall not be construed as a contract access point;

(O) requirement that the property owner shall notify the District Engineer when the proposed work has begun and is completed; and

(P) signatures of the property owner, property owner's authorized agent, and their respective witnesses, and receipt and approval signatures of the Department.

(2) applications for commercial driveway permits shall be approved or denied in accordance with the engineering standards and guidelines provided in the NCDOT Policy on Street and Driveway Access to North Carolina Highways. This policy may be accessed at no cost to the public by visiting https://connect.ncdot.gov/projects/Roadway/RoadwayDesignAdministrativeDocuments/Policy%20on%20Street%20and%20Driveway%20Access.pdf; and

(3) prior to installation, the property owner shall have received an approved commercial driveway permit from the Department. In the event the permit application is denied, the Department shall return to the applicant the payment referenced in Subparagraph (c)(1) of this Rule.

(d) The commercial property owner may elect to have driveway pipe installed by private contractors if the following requirements are met:

(1) prior to installation, the property owner shall submit to the Department an application for installation of a commercial driveway pipe together with a payment of fifty dollars ($50.00) to cover the cost of the inspection of the pipe installation by Department personnel;

(2) prior to installation, the property owner shall have received an approved commercial driveway permit from the Department. In the event the permit application is denied, the Department will return to the applicant the payment referenced in Subparagraph (d)(1) of this Rule;

(3) the workmanship, materials, and final installation shall be subject to approval by the Department's District Engineer in accordance with current Department of Transportation standards. In the event the pipe installation does not meet the approval of the District Engineer, the Department shall remove the pipe at the expense of the property owner; and

(4) signing, barricades, and other devices necessary to mitigate traffic at or adjacent to the installation site shall be provided by the property owner or contractor. Traffic mitigation shall meet the requirements of the Manual on Uniform Traffic Control Devices for Streets and Highways as as by the District Engineer.

(e) Department installation of pipe shall include necessary excavation, complete pipe placement, and sufficient backfill to provide a pipe line and grade protection. The Department of Transportation is not obligated to construct a finished driveway.

(f) The Department shall be responsible for the installation and costs of residential and commercial driveway pipe if the Department caused the need by relocating or revising the elevation of side ditches for the improvement of highway drainage.

(g) See Rule .0102 of this Subchapter for provisions related to pipe size.

History

Authority G.S. 136-18(1); 136-30; 136-92; 136-93; 156-88
Eff. July 1, 1978
Amended Eff. November 1, 1993; October 1, 1983
Readopted Eff. June 1, 2019.

19A NCAC 02D .0422 Handbook of Design for Highway Surface Drainage Structures

History

Status: repealed
Authority G.S. 136-18(1); 136-92; 136-93; 150A-62; 159A-63(c); 156-88
Eff. July 1, 1978
Repealed Eff. April 3, 1981.

19A NCAC 02D .0423 Planting on Controlled-Access Facilities

Requests to plant on full or partial access highways shall be submitted to the division engineer whose jurisdiction is the county where the planting is proposed.

History

Authority G.S. 136-18(9); 136-89.50; 136-93
Eff. July 1, 1978
Amended Eff. November 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0424 Planting on Other Facilities

(a) On highways without any control of access, planting requests will be handled by one of three methods, as determined by the Division Engineer having jurisdiction in the county where the planting is proposed:

(1) The requesting individual or organization can furnish funds for the plant materials with the Department of Transportation doing the planting and assuming maintenance of the planting.

(2) The Department of Transportation can assume the project entirely, bearing the cost of plant materials as well as doing the planting and plant maintenance.

(3) The proposal of the organization can be considered for inclusion in the highway planting program at a later date.

(b) Requests for plantings shall be directed to the appropriate division engineer.

History

Authority G.S. 136-18(9); 136-89.50; 136-93
Eff. July 1, 1978
Amended Eff. November 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0425 Federal Disaster Assistance

History

Status: repealed
Authority G.S. 136-4; 136-18; 143B-350; 150B-21.3A
Eff. October 1, 1991
Amended Eff. April 1, 1997; November 1, 1993
Repealed Eff. June 1, 2019.

19A NCAC 02D .0426 Bridge on Us 70 Over Beaufort Channel at Beaufort

History

Authority G.S. 136-18(5)
Eff. November 1, 1991
Amended Eff. November 1, 1993.

19A NCAC 02D .0427 Bridge on Nc 50 Over Intercoastal Waterway at Surf City

History

Authority G.S. 136-18(5)
Eff. November 1, 1991
Amended Eff. November 1, 1993.

19A NCAC 02D .0428 Bridge/Us 74/76 Over/Intercoastal Waterway/Wrightsville Beach

History

Authority G.S. 136-18(5)
Eff. November 1, 1991
Amended Eff. November 1, 1993.

19A NCAC 02D .0429 Bridge Sr 1172 Over Intercoastal Waterway at Sunset Beach

History

Authority G.S. 136-18(5)
Eff. November 1, 1991
Amended Eff. November 1, 1993.

19A NCAC 02D .0501 General

The rules in this Section apply only for the transportation via the State of North Carolina ferry system of individual passengers and their hand baggage as defined in Rule .0504 of this Section, vehicles under their own power and vehicles not under their own power but under tow of a vehicle under its own power, and bicycles.

History

Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Amended Eff. December 1, 1993; November 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0502 Ticket Conditions

Transportation furnished on any ticket sold or honored by the carrier will be subject to the rules set forth in this Section and any additional requirements are specifically provided on such tickets.

History

Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Amended Eff. December 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0503 Carrier

When the term "carrier" is used in in this Section, it refers to the North Carolina Department of Transportation; the Division of Highways; and the Ferry Division.

History

Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Amended Eff. December 1, 1993; November 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0504 Hand Baggage

The term "hand baggage" as used herein means the baggage, personal effects or other property of passengers taking passage on carrier's vessels. Such hand baggage or other property will be only in such amounts as foot passengers can individually handle on and off vessels themselves.

History

Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0505 Notice of Cancellation

Carrier may deviate from or cancel sailing schedules without notice when in its opinion scheduled operation is impractical or unsafe because of circumstances or conditions beyond its control. In either event, carrier assumes no liability for loss, damage, or expense to patrons which may result therefrom.

History

Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Amended Eff. December 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0506 Completion of Voyage

If, through failure, act of God, or other misfortune, carrier's vessel fails to complete her voyage, neither the master of the vessel nor the carrier shall be under any obligation to forward passengers or vehicles to their original destination, nor to refund all or any part of any tolls paid; which shall be deemed as earned.

History

Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0507 Substitute Vessels

Carrier reserves the right to substitute one vessel for another over any of the routes operated without any liability to patrons.

History

Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0508 Definition of Landing

Passengers or vehicles shall be deemed landed:

(1) upon arrival of vessels at port of designated destination;

(2) when landed at any other port because of failure, act of God, or other misfortune to vessel;

(3) when voyage is abandoned for any cause and vessel returns to port of embarkation.

History

Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0509 Responsibility of Vessel Master

When in the master's opinion safe landing cannot be made upon arrival of the vessel at a designated port of destination, it may be landed at another port at which safe landing can be made.

History

Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Amended Eff. November 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0510 Medical Care

Carrier shall neither furnish nor be liable for medical care or surgical treatment of passengers or other persons while on its terminal property. Carrier shall not be liable for the quality, nature or consequence of any medical or surgical treatment which may be administered to passengers on carrier's vessels.

Note: Refer also to G.S. 20-166 (Good Samaritan Law) and to 143-291.

History

Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0511 Liability Limitations

Unless it is shown that a negligent act of an officer, employee, or agent of the state while acting in the scope of his office, service agency or authority was the sole proximate cause of any injury, loss, or damage, carrier shall not be liable for any injury, loss, or damage that shall result from an act of God, public enemy, restraint of rulers, quarantine, peril of the sea or other waters, latent defect in hull, boilers, propellers, piping, shafting, or machinery; or for injury, loss or damage that shall result from collision, stranding, fire, sanitary regulation or operation, explosion, accident to or breakdown of machinery, or of any propelling appliances, or accident, or navigation; or for any personal injury to passenger; or loss or damage to passengers' baggage or other property.

History

Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0512 Personal Property

Carrier will not assume any responsibility or liability for articles left on board its vessels or at its terminals by passengers; or for articles left in vehicles while in transit, or at terminals.

History

Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0513 Theft

Under no circumstances will the carrier be liable for theft from the person or baggage of a passenger or pilferage or theft from any vehicle on carrier's vessels or terminals.

History

Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0514 Baggage

The handling of baggage by carrier will be as an accommodation only to the passenger. Carrier will not be liable for damage to or loss of such baggage whether by its negligence or otherwise.

History

Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0515 Loss Claims

All claims for loss or injury to person or property must be presented in accordance with the provisions of the Tort Claims Act (Article 31 of Chapter 143 of the North Carolina General Statutes).

History

Authority G.S. 136-82; 143-291; 143B-10(j)
Eff. July 1, 1978
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0516 Insurance Benefit

In case of any loss or damage for which the carrier shall be liable, the carrier shall, to the extent of such liability, have the full benefit of any insurance that may have been effected by the owner upon the goods lost or damaged, notwithstanding any underwriter is not obligated to make such payment.

History

Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0517 Right to Refuse Transport; Persons

Carrier may refuse to transport a person who is apparently under the influence of intoxicating liquor or drugs or who is incapable of taking care of himself, or whose conduct makes him objectionable or dangerous to other passengers or liable to become so. This rule does not apply to persons who are ill and are accompanied by an attendant or nurse.

History

Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Amended Eff. December 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0518 Compliance with Rules and Regulations

Carrier also may refuse to transport a person who refuses to abide by its rules or those of the U. S. Coast Guard, pertaining to the safe and efficient operation of vessels, terminals, and traffic.

History

Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Amended Eff. December 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0519 Right to Refuse Transport: Cargo

Carrier may refuse any and all articles loaded in or on vehicles or vehicles which in its opinion will jeopardize the safe operation of the vessel, or which carrier is not equipped to handle. Carrier may refuse to transport vehicles containing offensive or ill-smelling cargo and liquid or semi-liquid commodities when not in tightly enclosed containers or tanks, precluding possibility of escaping odors or leakage from such vehicles. Dangerous articles prohibited by law will not be transported including those hazardous cargos regulated by the U.S. Coast Guard.

History

Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Amended Eff. December 1, 1993; November 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0520 Brakes

Drivers of all vehicles shall set emergency brakes and engage parking gear on all vehicles having same before leaving the vehicles. Drivers of all mechanically powered vehicles shall shut off engines, after being directed to their designated parking areas.

History

Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Amended Eff. December 1, 1993; November 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0521 Operation of Vehicle by Carrier Employees

Carrier's employees are not permitted to drive power vehicles or wheeled machinery on or off vessels. When the owner or shipper, or his agent is unable to promptly drive such vehicles on and off vessels, carrier will refuse to transport same. Tracked construction equipment or other such power vehicles (except on rubber tired wheels) will not be accepted for movement except when loaded on trucks or trailers in tow of vehicles under their own power.

History

Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Amended Eff. December 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0522 Inoperative Vehicles

(a) Vehicles, without drivers, or with dead motors or otherwise inoperative, with or without drivers, will not be accepted by carrier for transportation. The provisions of this paragraph do not apply to such vehicles in tow of other vehicles under their own power.

(b) Trailers not under tow of vehicles under own power will not be accepted for transportation.

(c) If because of dead batteries, flat tires or other physical disability, a motor vehicle cannot be discharged from vessel under it own power and it is necessary for the carrier to obtain towing service to discharge the vehicle, charge for the service will be the liability of the disabled vehicle and must be paid directly to the towing service company by the vehicle owner.

(d) If towing service is not available and carrier undertakes to assist in the discharge of the vehicle by its employees with or without mechanical devices, the carrier will not be liable upon any claim for loss or damage to the vehicle.

History

Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0523 Livestock

Livestock will be transported only at carrier's convenience and only in adequate motor vehicle equipment. Rates to be charged are those applicable on trailers, trucks, truck and trailer combinations or truck tractor and semi-trailer combinations as specified in Rule .0532 of this Section. Carrier will assume no liability for livestock while on vessels or at terminals. Vehicles transporting livestock must be properly enclosed to prevent spillage of animal waste or otherwise creating unpleasant or offensive environment on vessels.

History

Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Amended Eff. December 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0524 Dogs, and Other Household Pets and Wild Animals

(a) Dogs and household pets may accompany passengers and will be carried on vessels subject to the following conditions:

(1) Dogs, cats, kittens, and small pet birds will be transported without charge when accompanied by passengers on foot or in vehicles. Such animals will be transported entirely at risk of the owner who shall take care of and safe-guard them while on vessels or at terminals.

(2) Such animals must be held secure by leash, crate, cage, or otherwise adequately restrained, as the case may require.

(3) Such animals shall not be permitted in passenger accommodations, but only on car deck under short leash and in custody of responsible person. Carrier, however, may require that they be carried in certain places as designated by the master, whenever, in his judgement, such a course is necessary for the safety and convenience of the passengers.

(b) Wild animals must, at all times, be securely crated or caged so as to preclude contact by passengers.

History

Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Amended Eff. December 1, 1993; November 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0525 No Liability Assumed by Carrier

No liability will be assumed by the carrier in the transportation of household pets, or wild animals.

History

Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Amended Eff. November 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0526 Baby Carriages

Baby carriages, strollers, and similar articles will be carried without charge, when space is available. The person accompanying the baby carriage, stroller, or similar article must place same where directed by the master. The carrier will not assume any responsibility or liability for these articles while in transit or at its terminals.

History

Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0527 Corpses

Corpses will be transported in vehicles only.

History

Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0528 Excess Hand Baggage

(a) The transportation of hand baggage or other property defined in Rule .0504 of this Subchapter of foot passengers in excess of such amounts must be arranged for by the passengers via available common carrier freight or express service.

(b) Carrier does not maintain a checked baggage service, and its employees are not available to assist foot passengers with the loading and unloading of baggage.

History

Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0529 Baggage in Vehicles

Passengers in vehicles may carry baggage or other property in such amounts as can be loaded in or securely fastened on vehicles.

History

Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0530 Right to Refuse

(a) Carrier may refuse any and all articles of baggage or other property which in the opinion of the carrier's agent or master of the vessel will, or may, jeopardize the vessel's safe operation or which the carrier is not equipped to handle. Dangerous articles prohibited by law will not be carried.

(b) Carrier's liability for the loss or damage to baggage, personal effects, or other property will be limited to that provided in Rules .0510 thru .0514 of this Subchapter.

History

Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Amended Eff. December 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0531 Free Operations

History

Status: expired
Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Amended Eff. July 7, 2014; March 1, 2004; April 1, 2003; August 1, 2002; November 1, 1991; May 1, 1983
Expired Eff. October 1, 2016 pursuant to G.S. 150B-21.3A.

19A NCAC 02D .0532 Toll Operations

History

Status: expired
Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Amended Eff. July 7, 2014; March 1, 2004; April 1, 2003; August 1, 2002; November 1, 1991; May 1, 1983
Expired Eff. October 1, 2016 pursuant to G.S. 150B-21.3A.

19A NCAC 02D .0533 Ticket Limits

Tickets are valid only on the date of purchase and for the trip number indicated.

History

Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Amended Eff. December 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0534 Redemption of Tickets

Upon presentation by the lawful holder thereof, unused tickets will be redeemed upon the following terms provided such ticket is so presented for redemption within 30 days after the date of sale:

(1) Unused tickets will be redeemed at the purchase price.

(2) Altered or mutilated tickets will not be honored for passage.

History

Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Amended Eff. December 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0535 Ferry Reservations

(a) Reservations for space shall only be available for the Cedar Island-Ocracoke, Swan Quarter-Ocracoke, and Passenger Ferry from Hatteras-Ocracoke ferry operations. All other operations are on a "first come-first served" basis.

(b) Reservations shall be made by in person at the ferry terminal, online at https://ferry.ncdot.gov or by telephone as follows:

(1) For the main reservation line, call: (800) 293-3779.

(2) For departures from Ocracoke, call: (252) 996-6201.

(3) For departures from Cedar Island, call: (252) 463-7046.

(4) For departures from Swan Quarter, call: (252) 791-3302.

(5) Office hours shall be from 6:00 am until 5:00 pm, year-round.

(c) Reservations may be made any time within 90 days of the departure date and shall not be transferable. Name of the driver and vehicle license number shall be required. A credit or debit card shall be required for advance reservations to secure passage and space aboard a ferry vessel. It shall not be required that the credit or debit card be in the name of the driver.

(d) Reservations shall be claimed at least 30 minutes prior to the scheduled departure. Reservations not claimed prior to this time shall be cancelled and the space reassigned.

(e) Vehicles shall remain in the staging area once ticketed, and until boarding begins.

(f) In case of departure cancellation due to mechanical failure, inclement weather, or other unavoidable causes, the customer may reschedule the reservation for either the earliest possible departure or or for another time convenient for the customer.

History

Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Readopted Eff. June 1, 2019.

19A NCAC 02D .0536 Mail Trucks

Mail trucks may be granted priority privileges for loading on all system ferries.

History

Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0537 Ferry Schedules

Ferry schedules are available on the Official North Carolina Highway Map, from the Ferry Operations Office in Morehead City, (919) 726-6446, or on signs posted at strategic locations along ferry terminal approach highways or at the ferry terminal.

History

Authority G.S. 136-82
Eff. July 1, 1978
Amended Eff. December 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0538 Vehicle Weight Limitations

(a) Maximum weights permissible for 150-foot Hatteras Class ferries are as follows:

(1) 2 axles plus front steer axle with standard load and length of 35 feet: 40,000 lbs.;

(2) 3 axles plus front steer axle with standard load and length of 40 feet: 60,000 lbs.;

(3) 4 axles plus front steer axle with standard load and length of 65 feet: 80,000 lbs.; and

(4) 5 axles plus front steer axle with standard load and length of 65 feet: 80,000 lbs.

(b) Maximum weights permissible for 180-foot River Class, and 220-foot Sound Class ferries are as follows:

(1) 2 axles plus front steer axle with standard load and length of 35 feet: 40,000 lbs.;

(2) 3 axles plus front steer axle with standard load and length of 40 feet: 60,000 lbs.;

(3) 4 axles plus front steer axle with standard load and length of 65 feet: 80,000 lbs.;

(4) 5 axles plus front steer axle with standard load and length of 65 feet: 92,000 lbs.;

(5) 6 axles plus front steer axle with heavy load or extra-long lowboy: 108,000 lbs.; and

(6) 7 axles plus front steer axles with heavy load or extra-long lowboy: 120,000 lbs.

History

Authority G.S. 136-82; 143B-10(j)
Eff. July 1, 1978
Amended Eff. November 1, 1991
Readopted Eff. June 1, 2019.

19A NCAC 02D .0539 Vehicle Physical Dimension Limitations

(a) Maximum physical dimensions shall be 65 feet in length, 12 feet in width, and 13.5 feet in height for vehicles on each of the following ferry vessels:

(1) Silver Lake;

(2) Cedar Island;

(3) Carteret;

(4) Swan Quarter;

(5) Sea Level;

(6) Governor Daniel Russel;

(7) Southport;

(8) Neuse;

(9) Lupton;

(10) Fort Fisher;

(11) W. Stanford White;

(12) Croatoan;

(13) Hatteras;

(14) Kinnakeet;

(15) Frisco;

(16) Chicamacomico;

(17) Cape Point;

(18) Ocracoke;

(19) Roanoke;

(20) Thomas A. Baum, out-of-service effective September 2020;

(21) Governor James Baxter Hunt, Jr.;

(22) Rodanthe, in-service effective March 2019;

(23) Avon, in-service effective March 2020; and

(24) Salvo, in-service effective August 2020.

(b) Vehicles having overall dimensions requiring an Oversized/Overweight Permit, pursuant to Section .0600 of this Subchapter, shall carry that permit within the vehicle; otherwise, loading aboard a ferry vessel shall not be permitted.

History

Authority G.S. 20-119; 136-82; 143B-10(j)
Eff. July 1, 1978
Amended Eff. December 1, 1993; November 1, 1991
Readopted Eff. June 1, 2019.

19A NCAC 02D .0601 Permit application and Administration

(a) The Chief Engineer's office shall be responsible for issuing oversize/overweight permits as provided by this Section.

(b) House move permit applications shall be submitted to the Department division and district offices. The Department's division and district offices shall approve or deny house move permit applications based on safety considerations after reviewing the route of travel and dimensions of the structure to be moved. House move permit applications shall be submitted at least two working days prior to the anticipated date of movement. House move permit applications shall contain the following information:

(1) applicant's name and contact information;

(2) housemover license and truck license numbers;

(3) registered weight, serial number, and number of axles;

(4) description of the load dimensions

(5) exteme axle measurements, axle weights, and spacings;

(6) house construction descriptions

(7) requested route of travel descriptions; and

(8) travel plan and anticipated use of escort vehicle.

(c) Superload permits shall be required for the movement of a vehicle and vehicle combination with a gross weight of 132,000 pounds or more; width of 15 feet or more; a mobile or modular unit with a width of 16 feet and a gutter edge of 3 inches; and a width of 16 feet and 11 inches, unless the permit is for house moves in accordance with Paragraph (b) of this Rule. Applicants for Superload permits shall submit a written application, the fee specified in G.S. 20-119(b), and documentation of any variance to the Central Permit Office at least 10 business days prior to the anticipated date of movement. Superload permits applications shall contain the following information:

(1) applicant's name and contact information;

(2) truck and trailer license information and VIN number;

(3) gross weight, registered weight, extreme wheelbase measurements, and number of axles;

(4) description of the load dimensions; and

(5) description of axle spacings and weight.

(d) Applicants shall submit a written application, the fee specified in G.S. 20-119(b), and documentation of variances to the Central Permit Office at least two business days prior to the anticipated date of movement of a vehicle or vehicle combination of a height greater than 14 feet, but not equal to or greater than 15 feet.

(e) The issuance of any permit shall not imply nor guarantee the vertical clearance of the permitted load and the permittee shall be responsible for ensuring all vertical clearances prior to movement.

(f) The Department shall accept certified check, money order, company check, or credit card in consideration for the fees specified in G.S. 20-119(b). No personal checks shall be accepted.

History

Authority G.S. 20-119; 20-360; 20-361; 20-367; 20-369; 20-371; 136-18(5); 143B-346
Eff. July 1, 1978
Amended Eff. November 1, 1993; October 1, 1991
Temporary Amendment Eff. January 10, 2002; October 1, 2000
Amended Eff. December 1, 2012; April 1, 2009; August 1, 2002
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016
Amended Eff. July 1, 2019.

19A NCAC 02D .0602 Permits – Issuance Requirements

(a) The following are general issuance requirements for oversize/overweight permits.

(1) Permits shall be issued by the Department. The maximum weight permitted on a designated route shall be determined by the bridge capacity of the bridges to be crossed during movement. Movements exceeding weight limits for highways or bridge structures shall be denied if considered by the Department to be unsafe or if the movement may cause damage to the highway or bridge structures. If the Department determines that the permitted movement may cause damage to the highway, bridge structures, or any other State property, the permittee shall be required to obtain a surety bond to cover the estimated cost of damages. A permit issued by the Department shall not be valid for travel over municipal streets, defined as streets or highways not maintained by the State of North Carolina.

(2) Prior to applying for an oversize/overweight permit, the applicant shall be responsible for reducing and loading the item, commodity, or combinations thereof to the least possible dimensions and weight. Permits may be issued in accordance with this Section for movements of items or commodities that cannot be loaded, divided, dismantled, or disassembled to meet legal requirements.

(3) One item or commodity shall qualify for overweight considerations. Multiple items or commodities shall not qualify for an overweight permit.

(4) One item or commodity or multiple items or commodities loaded in-line shall qualify for overwidth considerations. If loaded side-by-side, multiple items or commodities shall not exceed eight feet, six inches in width.

(5) One item or commodity of continuous length shall qualify for overlength considerations. The maximum length for a vehicle or vehicle combination shall be 105 feet. Approval may be given by the Central Permit Office for permitted loads in excess of 105 feet after review of the geographic route of travel, consideration of local construction projects, and evaluation of the other dimensions of the load.

(6) One item or commodity shall qualify for overheight considerations. If piled or stacked, multiple items or commodities shall not exceed 13 feet, 6 inches.

(b) Annual Trip Permits

(1) Annual permits shall be valid for 12 months from the effective date of the permit. Annual trip permits shall require an escort for vehicle and vehicle combinations that exceed 12 feet in width.

(2) Annual permits may be issued for unlimited movement on all North Carolina highways, as permitted by the posted road and bridge limits, and without the requirement of an escort for the following:

(A) vehicle and vehicle combinations transporting non-divisible commodities;

(B) vehicle and vehicle combinations transporting a non-divisible commodity with a minimum extreme wheelbase of 51 feet;

(D) non-property hauling vehicles with permanently attached equipment, a minimum wheel base of 30 feet, the capability of traveling at highway speeds of 45 miles per hour, the operational purpose of traveling to and from a non-highway job, and a special mobile equipment license issued by the Division of Motor Vehicles.

(3) Dimensions for vehicle and vehicle combination permits issued pursuant to Subparagraph 2 of this Paragraph shall not exceed:

(A) a width of 12 feet;

(B) a height of 13 feet, 6 inches; and

(D) Part (2)(A) within this Paragraph shall not exceed the length as set forth in G.S. 20-115.1(b) and G.S. 20-116(e), and gross weights and axle weights as set forth in G.S. 20-118(b)(1)(2)(3).

(E) Parts (2)(B), (C), and (D) within this Paragraph shall not exceed a gross weight of 90,000 pounds, and axle weights of 20,000 pounds for steer axle, 25,000 pounds for single axle, 50,000 pounds for tandem axle, 60,000 pounds for tridem axle, and 68,000 pounds for axle groupings of four or more.

(4) Annual permits may be issued for unlimited movement on all North Carolina highways, as permitted by the posted road and bridge limits, and with the requirement of an escort for vehicles and vehicle combinations transporting farm equipment. Dimensions for vehicle and vehicle combination permits issued pursuant to this Subparagraph shall not exceed:

(A) a width of 14 feet;

(B) a height of 13 feet, 6 inches; and

(5) Annual permits may be issued with the requirement of an escort for mobile or modular homes if transported from a manufacturer to a North Carolina mobile or modular home dealership, or if transported from a North Carolina licensed mobile or modular home retail dealer to the transporter for the delivery of mobile or modular homes. Permitted mobile or modular homes shall be authorized to travel on designated routes approved by the Department considering construction work zones, highway lane widths, origin and destination, and other factors to ensure safe movement. Dimensions for vehicle and vehicle combination permits issued under this subparagraph shall not exceed:

(A) a width of 14 feet;

(B) a roof overhang of 12 inches, unless the unit width shall be 16 feet, in which case the gutter edge shall not exceed 3 inches;

(D) a weight as set forth in G.S. 20-118(b)(3).

(1) Single trip permits shall be issued to the registered owner of the vehicle and valid for 10 calendar days for a single, one-way trip. Single trip permit applications shall include the exact origin, route, and exact destination, including applicable county and state road numbers and routes. A return trip shall only be considered for a single trip permit if the return trip is requested within the original permit application. No single trip permit shall be issued for a time period that exceeds 30 days.

(2) Single trip permits for vehicle and vehicle combinations with non-divisible overwidth loads are limited to a maximum width of 15 feet and the conditions specified in this Rule.

(3) Single trip permits shall not be restricted by overall length limitations, except the total combination length of mobile homes shall not exceed 105 feet.

(4) Single trip permits shall not authorize a vehicle or vehicle combination height in excess of the vertical clearances on the authorized route.

(d) Non-divisible Loads

(1) The maximum single trip and annual permit weight allowed for a vehicle or vehicle combination, not including off-highway construction equipment, shall be:

(A) 20,000 pounds for steer axles;

(B) 25,000 pounds for single axles;

(D) 60,000 pounds for tridem axles;

(E) 68,000 pounds for axle groupings of four or more; and

(F) an engineering study is required for axle groupings of five or more that exceed 68,000 pounds.

(2) The maximum single trip and annual permit gross weight allowed for a vehicle or vehicle combination, not including off-highway construction equipment, shall be:

(A) 70,000 pounds for a three-axle single vehicle;

(B) 90,000 pounds for a four-axle single vehicle;

(D) 112,000 pounds for a five-axle vehicle combination;

(E) 108,000 pounds for a six-axle single vehicle;

(F) 120,000 pounds for a six-axle vehicle combination;

(G) 122,000 pounds for a seven-axle single vehicle;

(H) 132,000 pounds for a seven-axle vehicle combination; and

(I) determined upon the completion of an engineering study for axle-vehicle combinations of 7 or more if their gross weight exceeds 132,000 pounds.

(3) The maximum permit weight allowed for self-propelled off-highway construction equipment with low pressure or low flotation tires shall be:

(A) 37,000 pounds for a single-axle vehicle; and

(B) 50,000 pounds for a tandem-axle vehicle;

(4) The maximum permit gross weight allowed for self-propelled off-highway construction equipment with low pressure or low flotation tires shall be:

(A) 70,000 pounds for a two-axle single vehicle;

(B) 80,000 pounds for a three-axle single vehicle; and

(5) An overweight permit with a specified route shall be available for a vehicle combination consisting of a power unit and trailer hauling a sealed ship container. No permit shall be issued in accordance with this Subparagraph unless the vehicle combination shall be:

(A) traveling to or from a designated seaport, whether in-state or out-of-state;

(B) transported by marine shipment;

(D) equal to or less than the maximum width, height, and length dimensions as specified in G.S. 20-116;

(E) a vehicle combination with at least five axles; and

(F) in possession of and able to furnish for inspection the documentation of the sealed commodity being transported.

(e) Superload Permits

(1) Superload permits shall be available for vehicle or vehicle combinations with axles or axle groupings that exceed the weight limitations provided by this Rule, a gross weight that exceeds 132,000 pounds, or a maximum width in excess of 15 feet. The Chief Engineer or the Chief Engineer's designee may authorize the issuance of a superload permit after analysis of the proposed load and evaluation of the proposed route of travel.

(2) Superload permits shall be issued to the registered owner of the vehicle and valid for 10 calendar days for a single, one-way trip. Superload permit applications shall include the exact origin, route, and exact destination, including applicable county and state road numbers or routes. A separate permit application shall be required for return trips.

(f) Houses

(1) Applications for permits to move buildings or structures in excess of 15 feet in width shall be made by a licensed housemover. Housemover license applications and supporting documentation are issued and renewed by the Central Permit Office. Please see 19A NCAC 02D .0601 for information on Housemover permits.

(2) An individual shall not be required to acquire a housemover license prior to applying for a permit if the power unit and building is owned by the permittee and the movement is from property individually owned by the permittee.

(g) Mobile or Modular Homes

(1) Mobile or modular home units shall not exceed a length of 76 feet and the total vehicle combination length shall not exceed 105 feet.

(2) A 14-foot-wide mobile or modular home unit may be transported with a bay window, room extension, or porch if the protrusion does not extend beyond the maximum roof overhang of 12 inches or the total width of overhang on the applicable side of the home. An extender shall be placed on the front and rear of the mobile or modular home with a length to extend horizontally equal to but not beyond the outermost edge of the mobile or modular home's extension. The extenders shall have retro-reflective sheeting, sized at a minimum of 4 inches, that shall be Type III high intensity, encapsulated lens, or Type IV-high performance, prismatic, with alternating fluorescent yellow and black diagonal stripes that slope towards the outside of the home with a minimum area of 288 square inches. The bottom of the extenders shall be 6 feet to 8 feet above the road surface. The top of each extender shall have mounted a 5-inch, amber-colored, flashing beacon.

(3) The North Carolina licensed mobile or modular home retail dealer shall maintain records of all mobile or modular units moved by authority of an annual permit for a minimum of four years from the date of movement. The records shall be available for inspection and audit by any officer, employee, or contractor of the North Carolina Division of Motor Vehicles. Failure to comply with any requirement shall be grounds for denying, suspending, or revoking Manufacturer's License, Dealer's License, and any North Carolina oversize/overweight permit privileges.

History

Authority G.S. 20-119; 20-360; 20-361; 20-367; 20-369; 20-371; 136-18(5); 143B-346
Eff. July 1, 1978
Amended Eff. December 29, 1993; October 1, 1991; April 1, 1984; April 11, 1980
Filed as a Temporary Rule Eff. October 1, 2000
Amended Eff. August 1, 2002
Readopted Eff. July 1, 2019.

19A NCAC 02D .0603 Issuing Offices and Procedures

History

Status: repealed
Authority G.S. 20-116; 20-118; 20-119; 136-18(5)
Eff. July 1, 1978
Amended Eff. October 1, 1990; September 1, 1990
April 1, 1984; April 11, 1980
Repealed Eff. October 1, 1991.

19A NCAC 02D .0604 Applications for a Permit

History

Status: repealed
Authority G.S. 20-116; 20-118; 20-119; 136-18(5)
Eff. July 1, 1978
Amended Eff. October 1, 1990; September 1, 1990
April 1, 1984; April 11, 1980
Repealed Eff. October 1, 1991.

19A NCAC 02D .0605 Permits

History

Status: repealed
Authority G.S. 20-116; 20-118; 20-119; 136-18(5)
Eff. July 1, 1978
Amended Eff. October 1, 1990; September 1, 1990
April 1, 1984; April 11, 1980
Repealed Eff. October 1, 1991.

19A NCAC 02D .0606 Legal Weights and Dimensions

History

Status: repealed
Authority G.S. 20-116; 20-118; 20-119; 136-18(5)
Eff. July 1, 1978
Amended Eff. October 1, 1990; September 1, 1990
April 1, 1984; April 11, 1980
Repealed Eff. October 1, 1991.

19A NCAC 02D .0607 PERMITS – Movement and Travel Requirements

(a) All vehicles and vehicle combinations described in 19A NCAC 02D .0601 and .0602 shall adhere to the following movement requirements.

(1) Unless otherwise authorized or restricted by this Rule, movement shall be made between sunrise and sunset. Movement of 16-foot wide mobile or modular home units with a maximum of 3-inch gutter edge shall be permitted Monday through Saturday from 9:00 am to 2:30 pm. Movement of 16-foot wide mobile or modular home unit with a maximum 3-inch gutter edge may occur after 2:30 pm, but not beyond sunset, if the unit is traveling on an approved route as determined by an engineering study, and exported out-of-state. Sunday travel may be authorized from sunrise to sunset after consideration of the vehicle or vehicle combination dimensions. Considerations of safety and traffic flow may require the issuing office to impose additional time restrictions or allowances.

(2) No movement shall be permitted for a vehicle or vehicle combination after 12:00 p.m. on the weekday preceding and until 12:00 p.m. on the weekday following Independence Day, Thanksgiving Day, and Christmas Day. If Independence Day, Thanksgiving Day, or Christmas Day fall on a Saturday or Sunday, travel is restricted from 12:00 p.m. on the preceding Friday until 12:00 p.m. on the following Monday.

(3) Continuous travel occurring 24 hours a day, each day per year, shall not be authorized for vehicle or vehicle combinations with a gross weight in excess of 112,000 pounds. Self-propelled equipment shall be authorized for continuous travel if the overhang is less than 10 feet in length and meets all other requirements of this Subparagraph. The overhang shall be marked on both sides and end with high-intensity, glass-bead, retro-reflective sheeting tape. Each side of the self-propelled equipment shall be marked 24 inches from the road surface at the nearest feasible center point, between the steer and drive axles. The sheeting tape shall be 2 inches by 12 inches. Any rear overhang shall display a mounted brake light and flashing amber light, 8 inches in diameter with a minimum candlepower of 800 watts.

(4) Permitted vehicles owned or leased by the same company or permitted vehicles originating at the same location shall travel no less than two miles apart. Convoy travel shall not be authorized except as directed by law enforcement escort or permit office.

(5) Blades of construction equipment and front-end loader buckets shall not extend more than 14 feet across the roadway. A blade, bucket, or other attachment that is an original part of the manufactured equipment may be removed and hauled with the equipment without being considered a divisible load.

(6) Permitted vehicle or vehicle combination movements shall not travel at a speed in excess of the posted speed limit. The issuing office shall be permitted to impose speed restrictions below the posted speed limit considering safety and load. A towing unit and mobile or modular home combination shall not exceed a maximum speed of 60 miles per hour. The driver of the permitted vehicle shall avoid creating traffic congestion by relinquishing the traffic way when a buildup of traffic occurs.

(7) The object to be transported shall not be loaded or parked on the highway right of way without permission from the office that originally issued the permit and after confirmation of an emergency condition, such as mechanical problems or weather events.

(8) No movements shall be made when visibility is less than 500 feet. Moves shall not be made when travel conditions are considered unsafe by the Division of Highways, State Highway Patrol, or other law enforcement officers having jurisdiction. Movement of a mobile or modular unit that exceed a width of 10 feet shall be prohibited if wind speed gusts are in excess of 25 miles per hour.

(9) The mover shall be responsible for any expenses, arrangements, or approvals associated with removing or replacing any obstructions, including traffic signals, signs, and utility lines. Trees, shrubs, or State signs shall not be cut, trimmed, or removed without approval from the Division of Highways District Engineer having jurisdiction over the area involved. In determining whether to grant approval for cutting or trimming trees or shrubs, the District Engineer shall consider the species, age, and appearance of the tree or shrub in question and its contribution to the aesthetics of the area.

(b) Movement of all vehicles and vehicle combinations subject to this Section shall adhere to the following safety requirements.

(1) A yellow banner measuring a total length of 7 feet x 18 inches high bearing the legend "Oversize Load" in 10-inch black letters 1.5-inch-wide brush stroke shall be displayed in one or two pieces totaling the required length on the front and rear bumpers of a permitted vehicle and vehicle combination with a width greater than 10 feet. A towing unit mobile or modular home combination shall display banners of the size specified bearing the legend "Oversize ----- feet Load" identifying the actual width of the unit in transport. Escort vehicles shall display banners as specified in this Subparagraph with the exception of length to extend the entire width of the bumpers.

(2) Red or orange flags measuring 18 inches square shall be displayed on all sides at the widest point of load for all loads in excess of 8 feet 6 inches wide, but the flags shall be mounted so as not to increase the overall width of the load.

(3) All permitted vehicles and vehicle combinations shall be equipped with tires, axels and brakes in accordance with North Carolina Statutes and Motor Carrier and Housing and Urban Development (HUD) regulations.

(4) Rear view mirrors and other safety devices on towing units attached for movement of overwidth loads shall be removed or retracted to conform with legal width when unit is not towing or hauling such vehicle or load.

(5) Flashing amber lights shall be used as determined by the issuing permit office.

History

Authority G.S. 20-116; 20-118; 20-119; 136-18(5)
Eff. July 1, 1978
Amended Eff. October 1, 1994; December 29, 1993; October 1, 1991; October 1, 1990
Temporary Amendment Eff. January 10, 2002; December 31, 2000; October 1, 2000
Amended Eff. August 1, 2012; June 1, 2010; April 1, 2009; August 1, 2002
Readopted Eff. July 1, 2019.

19A NCAC 02D .0608 Length

History

Status: repealed
Authority G.S. 20-116; 20-119; 136-18(5); Board of Transportation Minutes for February 16, 1977 and November 10, 1978
Eff. July 1, 1978
Amended Eff. September 1, 1990; October 1, 1987; April 1, 1984; February 1, 1983
Repealed Eff. October 1, 1991.

19A NCAC 02D .0609 Height

History

Status: repealed
Authority G.S. 20-116; 20-119; 136-18(5); Board of Transportation Minutes for February 16, 1977 and November 10, 1978
Eff. July 1, 1978
Amended Eff. September 1, 1990; October 1, 1987; April 1, 1984; February 1, 1983
Repealed Eff. October 1, 1991.

19A NCAC 02D .0610 Weight

History

Status: repealed
Authority G.S. 20-116; 20-119; 136-18(5); Board of Transportation Minutes for February 16, 1977 and November 10, 1978
Eff. July 1, 1978
Amended Eff. September 1, 1990; October 1, 1987; April 1, 1984; February 1, 1983
Repealed Eff. October 1, 1991.

19A NCAC 02D .0611 Time Limit

History

Status: repealed
Authority G.S. 20-116; 20-119; 136-18(5); Board of Transportation Minutes for February 16, 1977 and November 10, 1978
Eff. July 1, 1978
Amended Eff. September 1, 1990; October 1, 1987; April 1, 1984; February 1, 1983
Repealed Eff. October 1, 1991.

19A NCAC 02D .0612 Permits - House Moves

History

Status: repealed
Authority G.S. 20-119; 20-360; 136-18(5); 150B-21.3A
Eff. July 1, 1978
Amended Eff. November 1, 1993; October 1, 1991; April 1, 1984; January 1, 1979
Filed as a Temporary Rule Eff. October 1, 2000
Amended Eff. August 1, 2002
Repealed Eff. July 1, 2019.

19A NCAC 02D .0613 Time and Safety Requirements - Building Moves

History

Status: repealed
Authority G.S. 20-119; 136-18(5)
Eff. July 1, 1978
Amended Eff. April 11, 1980
Repealed Eff. October 1, 1991.

19A NCAC 02D .0614 Size and Weight - Building Moves

History

Status: repealed
Authority G.S. 20-119; 136-18(5)
Eff. July 1, 1978
Amended Eff. April 11, 1980
Repealed Eff. October 1, 1991.

19A NCAC 02D .0615 Estimate of Gross Weight - Buildings

History

Status: repealed
Authority G.S. 20-119; 136-18(5)
Eff. July 1, 1978
Amended Eff. April 11, 1980
Repealed Eff. October 1, 1991.

19A NCAC 02D .0616 Distance Limitations - Building Moves - Repealed

History

Status: repealed
Authority G.S. 20-119; 136-18(5)
Eff. July 1, 1978
Repealed Eff. January 1, 1979.

19A NCAC 02D .0617 Removal of Obstructions - Building Moves

History

Status: repealed
Authority G.S. 20-119; 136-18(5)
Eff. July 1, 1978
Amended Eff. April 11, 1980
Repealed Eff. October 1, 1991.

19A NCAC 02D .0618 Indemnity - Building Moves

History

Status: repealed
Authority G.S. 20-119; 136-18(5)
Eff. July 1, 1978
Amended Eff. January 1, 1979
Repealed Eff. November 1, 1993.

19A NCAC 02D .0619 Limitations - Building Moves

History

Status: repealed
Authority G.S. 20-119; 136-18(5); Board of Transportation Minutes for
February 16, 1977 and November 10, 1978
Eff. July 1, 1978
Amended Eff. October 1, 1990; September 1, 1990; January 1, 1985; July 1, 1981
Repealed Eff. October 1, 1991.

19A NCAC 02D .0620 Requiring of Escort Vehicle

History

Status: repealed
Authority G.S. 20-119; 136-18(5); Board of Transportation Minutes for
February 16, 1977 and November 10, 1978
Eff. July 1, 1978
Amended Eff. October 1, 1990; September 1, 1990; January 1, 1985; July 1, 1981
Repealed Eff. October 1, 1991.

19A NCAC 02D .0621 Position of Escort Vehicles

History

Status: repealed
Authority G.S. 20-119; 136-18(5); Board of Transportation Minutes for
February 16, 1977 and November 10, 1978
Eff. July 1, 1978
Amended Eff. October 1, 1990; September 1, 1990; January 1, 1985; July 1, 1981
Repealed Eff. October 1, 1991.

19A NCAC 02D .0622 Escort of Vehicle Requirements

History

Status: repealed
Authority G.S. 20-119; 136-18(5); Board of Transportation Minutes for
February 16, 1977 and November 10, 1978
Eff. July 1, 1978
Amended Eff. October 1, 1990; September 1, 1990; January 1, 1985; July 1, 1981
Repealed Eff. October 1, 1991.

19A NCAC 02D .0623 Slow Speed: Escort

History

Status: repealed
Authority G.S. 20-119; 136-18(5); Board of Transportation Minutes for
February 16, 1977 and November 10, 1978
Eff. July 1, 1978
Amended Eff. October 1, 1990; September 1, 1990; January 1, 1985; July 1, 1981
Repealed Eff. October 1, 1991.

19A NCAC 02D .0624 Time of Move

History

Status: repealed
Authority G.S. 20-119; 136-18(5); Board of Transportation Minutes for
February 16, 1977 and November 10, 1978
Eff. July 1, 1978
Amended Eff. October 1, 1990; September 1, 1990; January 1, 1985; July 1, 1981
Repealed Eff. October 1, 1991.

19A NCAC 02D .0625 Speed Limits

History

Status: repealed
Authority G.S. 20-119; 136-18(5); Board of Transportation Minutes for
February 16, 1977 and November 10, 1978
Eff. July 1, 1978
Amended Eff. October 1, 1990; September 1, 1990; January 1, 1985; July 1, 1981
Repealed Eff. October 1, 1991.

19A NCAC 02D .0626 Signs: Flags

History

Status: repealed
Authority G.S. 20-119; 136-18(5); Board of Transportation Minutes for
February 16, 1977 and November 10, 1978
Eff. July 1, 1978
Amended Eff. October 1, 1990; September 1, 1990; January 1, 1985; July 1, 1981
Repealed Eff. October 1, 1991.

19A NCAC 02D .0627 State Highway Patrol Notification

History

Status: repealed
Authority G.S. 20-119; 136-18(5); Board of Transportation Minutes for
February 16, 1977 and November 10, 1978
Eff. July 1, 1978
Amended Eff. October 1, 1990; September 1, 1990; January 1, 1985; July 1, 1981
Repealed Eff. October 1, 1991.

19A NCAC 02D .0628 Safety Devices

History

Status: repealed
Authority G.S. 20-119; 136-18(5)
Eff. July 1, 1978
Repealed Eff. September 1, 1990.

19A NCAC 02D .0629 Towing Unit

History

Status: repealed
Authority G.S. 20-119; 136-18(5)
Eff. July 1, 1978
Amended Eff. October 1, 1990; April 11, 1980
Repealed Eff. October 1, 1991.

19A NCAC 02D .0630 Route Changes

History

Status: repealed
Authority G.S. 20-119; 136-18(5)
Eff. July 1, 1978
Amended Eff. October 1, 1990; April 11, 1980
Repealed Eff. October 1, 1991.

19A NCAC 02D .0631 Highway Right of Way Restrictions

History

Status: repealed
Authority G.S. 20-119; 136-18(5)
Eff. July 1, 1978
Amended Eff. October 1, 1990; April 11, 1980
Repealed Eff. October 1, 1991.

19A NCAC 02D .0632 Weather

History

Status: repealed
Authority G.S. 20-119; 136-18(5)
Eff. July 1, 1978
Amended Eff. October 1, 1990; April 11, 1980
Repealed Eff. October 1, 1991.

19A NCAC 02D .0633 permits – decisions, appeals, and enforcement

(a) A permit that is revoked or voided by the Chief Engineer's office shall be surrendered without any refund of fees. An oversize or overweight permit application may be denied for a period of up to six months upon written documentation that the applicant operated in violation of any of the rules contained in this Section, or any state or local law or any rule or ordinance regulating the operation of oversize or overweight vehicles. Repeated violations may result in a permanent denial of the right to use State highway system for transportation of oversize/overweight loads or vehicles. An oversize/overweight permit may be revoked and considered void by the Chief Engineer's office upon inspection and written documentation that the permittee:

(1) violated either the terms and conditions of the permit, state or local laws, or ordinances regulating the operation of oversize and overweight vehicles;

(2) misrepresented, fraudulently obtained, altered, or used in an unauthorized manner any information on the permit application; and

(3) operated or is currently operating a vehicle or vehicle combination in violation of the General Statutes of North Carolina, these rules, the authorized route of travel, time of movement, escort requirements, axle weights, number of axles, or any other conditions of the permit.

(b) No permit application shall be denied, renewal refused, permit revoked, or considered void unless the Chief Engineer's office provides verbal or written notice to the permittee. The permittee may appeal in writing to the Chief Engineer's office within 10 business days of the permittee receiving notice. If a hearing is requested, the Chief Engineer's office shall provide the permittee with written notice, sent by certified mail, return receipt requested, no fewer than 10 business days prior to the scheduled date of the hearing. The Chief Engineer's office shall provide to the permittee a written decision, sent by certified mail, return receipt requested, within 10 business days from the date of the hearing.

(c) A permittee who has permit privileges suspended or revoked by the Chief Engineer's office may make a written appeal to the Secretary of Transportation within 15 days following the date listed on the return receipt. The Secretary of Transportation or the Secretary's designee may affirm or set aside the suspension or revocation based on a review of the written appeal, the suspension or revocation decision, as well as any available documents, exhibits or other evidence bearing on the appeal. The individual appealing shall be advised of the final disposition of the action within 21 days following receipt of the appeal.

(d) The following pertains to enforcement, inspections, and alternate routes as set out in this Rule.

(1) Law enforcement officers may perform on-site inspections at the point of manufacture or dealer lot for mobile or modular homes ready for shipment. Notification of violations shall be submitted by enforcement personnel to the Central Permit Office.

(2) Irrespective of the route shown on the permit, a permitted vehicle shall travel an alternate route if:

(A) directed by a law enforcement officer with jurisdiction;

(B) directed to follow a specific route, for weighing purposes, by an official traffic control device; or

(C) the specified route on the permit is detoured by an officially erected highway sign, traffic control devices, or law enforcement officer. If the specified route on the permit is detoured by an officially erected highway sign, traffic control device, or law enforcement officer, the driver of the permitted vehicle shall contact the Central Permit Office or the issuing field office for house move permits for clearance of route or revision of the permit.

History

Authority G.S. 20-119; 20-360; 20-361; 20-367; 20-369; 20-371; 136-18(5); 143B-346
Eff. July 1, 1978
Amended Eff. November 1, 1993; October 1, 1991; April 1, 1984; April 11, 1980
Temporary Rule Eff. October 1, 2000
Amended Eff. December 1, 2012; April 1, 2009; August 1, 2002
Readopted Eff. July 1, 2019.

19A NCAC 02D .0634 Delegation

History

Status: repealed
Authority G.S. 20-119; 136-14.1; 136-18(5)
Eff. July 1, 1978
Amended Eff. December 1, 1990; April 1, 1984; November 1, 1978
Repealed Eff. October 1, 1991.

19A NCAC 02D .0635 Coordination of Movement

History

Status: repealed
Authority G.S. 20-119; 136-14.1; 136-18(5)
Eff. July 1, 1978
Amended Eff. December 1, 1990; April 1, 1984; November 1, 1978
Repealed Eff. October 1, 1991.

19A NCAC 02D .0636 Special Conditions

History

Status: repealed
Authority G.S. 20-119; 136-14.1; 136-18(5)
Eff. July 1, 1978
Amended Eff. December 1, 1990; April 1, 1984; November 1, 1978
Repealed Eff. October 1, 1991.

19A NCAC 02D .0637 Special Permit Limitations

History

Status: repealed
Authority G.S. 20-119; 136-14.1; 136-18(5)
Eff. July 1, 1978
Amended Eff. December 1, 1990; April 1, 1984; November 1, 1978
Repealed Eff. October 1, 1991.

19A NCAC 02D .0638 Unusual Circumstances

History

Status: repealed
Authority G.S. 20-119; 136-14.1; 136-18(5)
Eff. July 1, 1978
Amended Eff. December 1, 1990; April 1, 1984; November 1, 1978
Repealed Eff. October 1, 1991.

19A NCAC 02D .0639 Special Permits for Passenger Buses

History

Status: repealed
Authority G.S. 20-118(8)
Eff. September 1, 1978
Repealed Eff. October 1, 1991.

19A NCAC 02D .0640 Permit Manual Oversize: Overweight Movements

History

Status: repealed
Authority G.S. 20-119; 20-360; 20-361; 20-367; 20-369; 20-371; 136-18(5)
143B-346; 143B-350(f); 150A-62; 150A-63(c)
Eff. April 11, 1980
Repealed Eff. April 3, 1981.

19A NCAC 02D .0641 Permit Fees

History

Status: repealed
Authority G.S. 20-119; 136-18(5); 143B-359(f)(13); 12-3.1
Eff. April 1, 1984
Repealed Eff. October 1, 1991.

19A NCAC 02D .0642 Temporary Authorization for Issuance of Permits

History

Status: expired
Authority G.S. 20-118(f); 20-119; 136-18(5)
Temporary Adoption Eff. October 19, 2000
Temporary Adoption Expired August 12, 2001.

19A NCAC 02D .0643 Escort Vehicle Driver Certification

When an escort vehicle is required, escort vehicle drivers shall be certified in accordance with 19A NCAC 02D .0644. Certification credentials shall be carried in the vehicle and shall be available for inspection by law enforcement officials with jurisdiction.

History

Authority G.S. 20-119
Temporary Adoption Eff. March 11, 2002
Eff. April 1, 2003
Readopted Eff. July 1, 2019.

19A NCAC 02D .0644 Oversize/overweight LOAD ESCORT VEHICLE OPERATOR cERTIFICATION PROGRAM

(a) Prior to obtaining certification as an oversize/overweight load escort vehicle operator, a person shall complete a program that provides instruction on escort skills and shall pass an examination. The escort vehicle operator certification program shall provide for reciprocity with other states having similar escort certification programs.

(b) Any person seeking to be certified as an oversize/overweight load escort vehicle operator in North Carolina shall submit an application to the Department and attach a State certified copy of their driving record. The application shall contain the applicant's name and contact information; driver's license number and state; physical and demographic identification information; school name, location, and date of class; and Social Security number if the applicant is applying with an out-of-state driver's license. Any person seeking to be certified as an oversize/overweight load escort vehicle operator shall be qualified as follows:

(1) an escort certified by another state's approved program;

(2) a North Carolina law enforcement officer; or

(3) a person who:

(A) is at least 21 years of age or 18 years of age with a Class A commercial driver's license;

(B) possesses a valid driver's license without restrictions other than for the use of corrective lenses and shall not have received a citation in the previous 12 months for operating a vehicle in a reckless manner or driving while impaired;

(C) possesses and provides with their application documentation of their completion of a defensive driving course that has been approved by the National Safety Council; and

(D) has received a certification examination score of at least 75 percent after completing all eight classroom-hours of the North Carolina Department of Transportation Oversize/Overweight Load Escort Vehicle Operator Certification Program. The program is offered by the North Carolina Community College System.

(c) Upon completion of the requirements set forth in this Rule, the Department shall issue a certificate that provides recognition of completion of the escort vehicle operator certification program. The certificate shall be effective for four years from the issue date and reissued upon completion of a current escort certification program examination administered by Department training providers.

(d) An authorized operator's certification shall be revoked during its effective period upon any of the following occurrences:

(1) failure to maintain a valid driver's license without restrictions other than for corrective lenses; or

(2) failure to operate a motor vehicle safely as evidenced by receiving a conviction for operating a vehicle in a reckless manner, driving while impaired, or other evidence that the operator performed their escort duties in a manner likely to cause an accident, personal injury, or damage to property.

(e) If certification is revoked pursuant to this Rule, subsequent certification as an Escort Vehicle Operator shall require reapplication, satisfaction of program prerequisites, and requalification through the certification program.

(f) An individual who has had his or her certificate revoked may make written appeal within 15 days following notification of the adverse action to the Secretary of Transportation for review of the revocation. The Secretary may affirm or set aside the revocation based on a review of the written appeal, the revocation decision, as well as any available documents, exhibits, or other evidence bearing on the appeal. The individual appealing shall be advised of the final disposition within 21 days following receipt of the appeal.

(g) The Secretary of Transportation or the Secretary's designee shall only recognize certificates of other states if those programs meet State objectives as outlined in this Rule and G.S. 20-119.

History

Authority G.S. 20-119
Temporary Adoption Eff. March 11, 2002
Eff. April 1, 2003
Amended Eff. April 1, 2009
Readopted Eff. July 1, 2019.

19A NCAC 02D .0701 Applications for Intermittent Road Closing

History

Status: repealed
Authority G.S. 136-64.1(a)
Eff. July 1, 1978
Repealed Eff. October 1, 1993.

19A NCAC 02D .0702 Highway System Limitations

The rules in this Section apply only to secondary roads on the state highway system.

History

Authority G.S. 136-64.1(a)
Eff. July 1, 1978
Amended Eff. October 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0703 Review and Approval Authority

History

Status: repealed
Authority G.S. 136-64.1(d)
Eff. July 1, 1978
Repealed Eff. October 1, 1993.

19A NCAC 02D .0704 Application Procedures

Application for intermittent road closing shall be submitted to the Chief Engineer in the form of a resolution from the requesting agency and must include the following information plus any additional supportive data the agency deems pertinent to the request:

(1) county where the road(s) is(are) located;

(2) secondary road(s) to be affected by flooding (number and local name);

(3) a plan and profile sheet of the affected secondary road(s) indicating the 5, 10, 25, 50 year and maximum flood stage elevations. The duration of flooding shall also be indicated showing the total time the roadway surface will be inundated for each storm frequency;

(4) a statement that the applicant will reimburse the North Carolina Department of Transportation for all damages by reason of the flooding of the highway right of way;

(5) a statement that the applicant shall be responsible for all damages, by reason of the flooding, to any public utilities upon the highway right of way; and

(6) a request that a permit be granted to the applicant agency to allow the intermittent closing of the road.

History

Authority G.S. 136-64.1(a); 136-64.1(b)
Eff. July 1, 1978
Amended Eff. December 1, 2012; October 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0705 Review Procedures

(a) Upon receipt of a completed application, the Chief Engineer shall acknowledge the receipt and initiate a preliminary investigation and review.

(b) In reviewing the application, the following factors shall be taken into consideration as a basis for approval or disapproval:

(1) traffic count;

(2) availability of an acceptable detour;

(3) length of an acceptable detour;

(4) type road surface (paved or unpaved);

(5) school bus route – number of buses;

(6) anticipated frequency of flooding;

(7) anticipated duration of flooding;

(8) cost estimates to raise the roadway above flood stage;

(9) probability of future significant changes in traffic characteristics;

(10) comments from affected utilities; and

(11) comments from general public.

(c) Under no condition shall a permit be issued to allow flooding which would isolate any home, business, or other commercial establishment.

History

Authority G.S. 136-64.1(d)
Eff. July 1, 1978
Amended Eff. December 1, 2012
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0706 Public Notice

History

Status: repealed
Authority G.S. 136-64.1(c)
Eff. July 1, 1978
Repealed Eff. October 1, 1993.

19A NCAC 02D .0707 Permit Form

The permit, if issued, shall be sent in the form of a letter to the applicant from the Chief Engineer.

History

Authority G.S. 136-64.1(d)
Eff. July 1, 1978
Amended Eff. December 1, 2012
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0708 Warning Signs

(a) Upon approval of an application and the issuance of a permit for flooding, the Department of Transportation will erect the warning signs required by G.S. 136-64.1(d) on the secondary road(s) to advise the general public of the intermittent closing of the road(s) involved unless the applicant has notified the Department that it will erect the signs.

(b) The applicant must reimburse the department for all costs associated with the fabrication, erection and maintenance of the warning signs.

History

Authority G.S. 136-64.1(d)
Eff. July 1, 1978
Amended Eff. October 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0709 Appeal Procedures

In the event an application is denied by the Chief Engineer, the applicant shall have the right to appeal the decision to the full Board of Transportation pursuant to the procedures below:

Within 30 days after receiving notice from the administrator that the application has been denied, the applicant must submit to the Secretary of Transportation, by registered mail, a written appeal setting forth with particularity the facts upon which the appeal is based. After receiving this appeal, the secretary will notify the applicant of the date when the full Board of Transportation shall consider a review of the application.

History

Authority G.S. 136-64.1(d)
Eff. July 1, 1978
Amended Eff. December 1, 2012; October 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0801 Prequalifying to Bid: Requalification

(a) In order to ensure that contracts let pursuant to G.S. 136-28.1(a) are awarded to responsible bidders, prospective bidders and contractors shall comply with the rules set forth in this Section except as otherwise provided by law. For highway construction, maintenance and repair contracts other than those specified in G.S. 136-28.1(a), specific project prequalification requirements to satisfy Paragraph (c) of this Rule shall be specified in the bid documents for specific project contracts.

(b) In order to be eligible to contract with the Department pursuant to G.S. 136-28.1(a), all prospective bidders and subcontractors shall be prequalified with the Department to ensure that they are responsible bidders and reputable contractors capable of effectively and efficiently performing the work awarded to them.

(1) Applicants shall demonstrate the necessary experience, knowledge, and expertise to safely perform and timely complete highway construction projects in which they bid or subcontract;

(2) Applicants shall demonstrate that they have sufficient financial resources, including available equipment and qualified personnel, to adequately perform and timely complete highway construction projects in which they bid or subcontract;

(3) Applicants shall demonstrate that they have the necessary knowledge and expertise to comply with all state and federal environmental laws relating to highway construction, maintenance and repair contracts; and

(4) Applicants shall certify they are independent and not affiliated with other bidders of the same project.

(d) Bidders shall comply with all applicable laws regulating the practice of general contracting as contained in G.S. 87.

(e) Prospective bidders and subcontractors shall update their prequalification status annually and shall requalify every three years.

(f) A prequalified bidder or subcontractor must maintain compliance with the rules in this section at all times in order to be eligible to contract with the Department pursuant to G.S. 136.28.1(a). If at any time a bidder or subcontractor fails to comply with these rules, the Department shall disqualify the bidder or subcontractor from any further bidding until he is able to demonstrate compliance with these requirements by requalifying.

History

Authority G.S. 136-18(1); 136-28.1; 136-44.1; 136-45; 143B-350(f)
Eff. April 3, 1981
Amended Eff. February 1, 2008; October 1, 1995; December 1, 1994; December 29, 1993; November 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0802 Invitation to Bid

History

Status: repealed
Authority G.S. 136-18(1); 136-28.1; 143B-350(g)
Eff. April 3, 1981
Amended Eff. December 1, 1993
Repealed Eff. February 1, 2008.

19A NCAC 02D .0803 Advertisement and Invitations for Bids

(a) All projects shall be advertised by the Department of Transportation in newspapers having general circulation in the State of North Carolina four weeks prior to the bid opening as set forth in G.S. 143-129(b).

(b) On the date of advertisement, an invitation to bid shall be made available on the Department's website at connect.ncdot.gov/letting.

(c) The invitation to bid shall state the contract identification number and description of the projects to be let to contract, a general summary of the items and approximate quantities of work to be performed, and the time and place for the public opening and reading of the bids received. Information concerning the cost and the availability of bid documents shall also be provided in the invitation to bid.

(d) As a prerequisite for submitting a bid, prospective bidders shall sign up for the Interested Parties List for each project they intend to submit a bid on by providing their firm name, a contact name, and contact information via the Department's website at connect.ncdot.gov/letting. Only prospective bidders that have prequalified status pursuant to Rule .0801 of this Section and who sign up for the Interested Parties List will be eligible to bid.

History

Authority G.S. 136-28.1; 143-129
Eff. April 3, 1981
Amended Eff. February 1, 2008; December 1, 1993; November 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016
Amended Eff. September 1, 2022.

19A NCAC 02D .0804 Contents of Proposal Forms

History

Status: repealed
Authority G.S. 136-18(1); 136-28.1
Eff. April 3, 1981
Repealed Eff. February 1, 2008.

19A NCAC 02D .0805 Combination Bids

The Department may issue proposals for projects in combination or separately, so that bids may be submitted either on the combination or on separate units of the combination. The Department shall make awards on combination bids or separate bids to the best advantage of the Department. No combination bids, other than those specified by the Department in the proposals, shall be considered.

History

Authority G.S. 136-18(1); 136-28.1
Eff. April 3, 1981
Amended Eff. February 1, 2008
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0806 Interpretation of Quantities in Proposal Form

(a) The quantities appearing in the proposal are approximate only and shall be used for the comparison of bids. Payment to the contractor shall be made only for the actual quantities of the various items that are completed and accepted in accordance with the terms of the contract.

(b) When quantities are shown for items to be bid on a lump sum basis, these quantities are furnished for the convenience of bidders, and the Department shall not be responsible for, nor guarantee as correct, any quantity given.

History

Authority G.S. 136-18(1); 136-28.1
Eff. April 3, 1981
Amended Eff. February 1, 2008
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0807 Examination of Plans: Specs: Contract: and Site of Work

A bidder shall examine the site of the work contemplated, the plans and specifications, and the proposal therefor. A bidder or contractor shall make such independent investigation and examination as he deems necessary to satisfy himself as to conditions to be encountered in the performance of the work and with respect to possible local material sources, the quality and quantity of material available from such property, and the type and extent of processing that may be required in order to produce material conforming to the requirements of the contract. Upon submission of the bid, the Department shall deem that the bidder has completed the requirements set out in the bid documents as to the conditions to be encountered, the character, quality, and scope of work to be performed, the quantities of materials to be furnished and as to the conditions and requirements of the proposal and plans under which his bid is offered.

History

Authority G.S. 136-18(1); 136-28.1
Eff. April 3, 1981
Temporary Amendment Eff. March 15, 1982, for a period of 47 days to expire on May 1, 1982
Amended Eff. February 1, 2008; October 1, 1993; March 1, 1984; May 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0808 Preparation and Submission of Bids

History

Status: repealed
Authority G.S. 136-18(1); 136-28.1; 143-129
Eff. April 3, 1981
Amended Eff. October 1, 1993; November 1, 1991, July 1, 1982
Repealed Eff. February 1, 2008.

19A NCAC 02D .0809 Bid Bond or Bid Deposit

History

Status: repealed
Authority G.S. 136-18(1); 136-28.1; 143-129
Eff. April 3, 1981
Amended Eff. October 1, 1993; November 1, 1991, July 1, 1982
Repealed Eff. February 1, 2008.

19A NCAC 02D .0810 Delivery of Bids

(a) All bidders shall submit bids in accordance with the bid documents to the Department.

(b) Any bid not delivered within the time or manner specified in the bid documents shall not be accepted and shall be returned to the bidder unopened or, in the case of electronic bids, not read publicly.

History

Authority G.S. 136-18(1); 136-28.1
Eff. April 3, 1981
Temporary Amendment Eff. March 15, 1982, for a period of 47 days to expire on May 1, 1982
Amended Eff. February 1, 2008; November 1, 1991; July 1, 1982; May 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0811 Withdrawal or Revision of Bids

History

Status: repealed
Authority G.S. 136-18(1); 136-28.1; 143-29.1
Eff. April 3, 1981
Amended Eff. October 1, 1993; November 1, 1991
Repealed Eff. February 1, 2008.

19A NCAC 02D .0812 Receipt and Opening of Bids

(a) The Department shall open and read bids publicly at the time and place indicated in the invitation to bid. Bidders, their authorized agents, and other interested parties may be present.

(b) Bid evaluation, including bid rejection, waiver of irregularities, or award shall be conducted in accordance with the terms of the bid documents.

(c) Bid revisions by the Department or bid withdrawal by the bidder shall be made in accordance with the terms of the bid documents.

History

Authority G.S. 136-18(1); 136-28.1
Eff. April 3, 1981
Amended Eff. February 1, 2008; July 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0813 Withdraw of Bids - Mistake

History

Status: repealed
Authority G.S. 136-18(1); 143B-350(f)
Eff. May 1, 1984
Amended Eff.; October 1, 1993; November 1, 1991
Repealed Eff. February 1, 2008.

19A NCAC 02D .0814 Correction of Bid Errors

History

Status: repealed
Authority G.S. 136-18(1); 143B-350(f)
Eff. May 1, 1984
Amended Eff.; October 1, 1993; November 1, 1991
Repealed Eff. February 1, 2008.

19A NCAC 02D .0815 Rejection of Bids

History

Status: repealed
Authority G.S. 136-18(1); 136-28.1; 143B-350(f)
Eff. April 3, 1981
Recodified from 19A NCAC 02D .0813 (Rule .0815)
Recodified from 19A NCAC 02D .0814 (Rule .0816)
Recodified from 19A NCAC 02D .0815 (Rule .0817)
Amended Eff. April 1, 1999; December 1, 1994; October 1, 1993; November 1, 1991; May 1, 1984; March 1, 1984
Repealed Eff. February 1, 2008.

19A NCAC 02D .0816 Disqualification of Bidders

History

Status: repealed
Authority G.S. 136-18(1); 136-28.1; 143B-350(f)
Eff. April 3, 1981
Recodified from 19A NCAC 02D .0813 (Rule .0815)
Recodified from 19A NCAC 02D .0814 (Rule .0816)
Recodified from 19A NCAC 02D .0815 (Rule .0817)
Amended Eff. April 1, 1999; December 1, 1994; October 1, 1993; November 1, 1991; May 1, 1984; March 1, 1984
Repealed Eff. February 1, 2008.

19A NCAC 02D .0817 Consideration of Bids

History

Status: repealed
Authority G.S. 136-18(1); 136-28.1; 143B-350(f)
Eff. April 3, 1981
Recodified from 19A NCAC 02D .0813 (Rule .0815)
Recodified from 19A NCAC 02D .0814 (Rule .0816)
Recodified from 19A NCAC 02D .0815 (Rule .0817)
Amended Eff. April 1, 1999; December 1, 1994; October 1, 1993; November 1, 1991; May 1, 1984; March 1, 1984
Repealed Eff. February 1, 2008.

19A NCAC 02D .0818 NON-CoLLUSION CERTIFICATIONS

(a) Every bidder shall furnish to the Department an unsworn certification made under penalty of perjury under the laws of the United States, a non-collusion certification at the time of bid, certifying that the bidder has not entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with his or her bid on the project.

(b) A Non Collusion Certification form means a form provided on the Department's website, www.ncdot.gov, for execution by the bidding prequalified contractor certifying that:

(1) neither the individual, nor any official, agent, or employee has entered into any agreement, participated in any collusion, or otherwise taken any action that is in restraint of free competitive bidding in connection with any bid or contract;

(2) the bidder has not been convicted of violating G.S. 133-24 within the last three years; and

(3) the bidder intends to do the work with its own employees or subcontractors and the bid is not for the benefit of another contractor.

(c) In the Non Collusion Certification form, the prospective bidder shall certify his or her debarment status under penalty of perjury under the laws of the United States. In the event the prospective bidder cannot certify that he or she is not disbarred, the prospective bidder shall provide a written explanation, which the Department shall review and evaluate to determine if the bidder is prequalified, according to the requirements set out in Rule .0801 of this Section, for bidding, contracting, or subcontracting on Department projects.

History

Authority G.S. 136-18(1); 136-28.1; 133-30
Eff. April 3, 1981
Recodified from 19A NCAC 2D .0816
Amended Eff. February 1, 2008; October 1, 1993; November 1, 1991; October 1, 1991; July 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016
Amended Eff. July 1, 2017.

19A NCAC 02D .0819 Award of Contract

History

Status: repealed
Authority G.S. 136-18(1); 136-28.1
Eff. April 3, 1981
Recodified from 19A NCAC 2D .0817
Amended Eff. October 1, 1993; November 1, 1991
Repealed Eff. February 1, 2008.

19A NCAC 02D .0820 Cancellation of Award

The Board of Transportation may rescind the award of any contract at any time before the receipt of the properly executed contract bonds from the successful bidder.

History

Authority G.S. 136-18(1); 136-28.1; 143B-350(f)
Eff. April 3, 1981
Recodified from 19A NCAC 2D .0818
Amended Eff. October 1, 1993; November 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0821 Return of Bid Bond or Bid Deposit

History

Status: repealed
Authority G.S. 44A-33; 136-18(1); 136-28.1
Eff. April 3, 1981
Recodified from 19A NCAC 2D .0819 (Rule .0821)
Recodified from 19A NCAC 2D .0820 (Rule .0822)
Recodified from 19A NCAC 2D .0821 (Rule .0823)
Recodified from 19A NCAC 2D .0822 (Rule .0824)
Amended Eff. December 1, 1993; December 1, 1992; November 1, 1991
Repealed Eff. February 1, 2008.

19A NCAC 02D .0822 Contract Bonds

History

Status: repealed
Authority G.S. 44A-33; 136-18(1); 136-28.1
Eff. April 3, 1981
Recodified from 19A NCAC 2D .0819 (Rule .0821)
Recodified from 19A NCAC 2D .0820 (Rule .0822)
Recodified from 19A NCAC 2D .0821 (Rule .0823)
Recodified from 19A NCAC 2D .0822 (Rule .0824)
Amended Eff. December 1, 1993; December 1, 1992; November 1, 1991
Repealed Eff. February 1, 2008.

19A NCAC 02D .0823 Execution of Contract

History

Status: repealed
Authority G.S. 44A-33; 136-18(1); 136-28.1
Eff. April 3, 1981
Recodified from 19A NCAC 2D .0819 (Rule .0821)
Recodified from 19A NCAC 2D .0820 (Rule .0822)
Recodified from 19A NCAC 2D .0821 (Rule .0823)
Recodified from 19A NCAC 2D .0822 (Rule .0824)
Amended Eff. December 1, 1993; December 1, 1992; November 1, 1991
Repealed Eff. February 1, 2008.

19A NCAC 02D .0824 Failure to Furnish Contract Bonds

History

Status: repealed
Authority G.S. 44A-33; 136-18(1); 136-28.1
Eff. April 3, 1981
Recodified from 19A NCAC 2D .0819 (Rule .0821)
Recodified from 19A NCAC 2D .0820 (Rule .0822)
Recodified from 19A NCAC 2D .0821 (Rule .0823)
Recodified from 19A NCAC 2D .0822 (Rule .0824)
Amended Eff. December 1, 1993; December 1, 1992; November 1, 1991
Repealed Eff. February 1, 2008.

19A NCAC 02D .0825 Confidentiality of Cost Estimates

All cost estimates prepared by the Department for the purpose of comparing bids shall be confidential and not disclosed until after the opening of bids.

History

Authority G.S. 133-33
Eff. September 1, 1981
Amended Eff. May 1, 1983
Recodified from 19A NCAC 2D .0823
Amended Eff. February 1, 2008; February 1, 1995; October 1, 1993; October 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0826 Award Limits on Multiple Projects

History

Status: repealed
Authority G.S. 136-18(1)
Eff. July 1, 1983
Recodified from 19A NCAC 2D .0824
Repealed Eff. November 1, 1991.

19A NCAC 02D .0827 Subsurface Information

(a) If a subsurface investigation report is available on a project, a copy may be obtained from the Department by the prospective bidders upon request.

(b) The subsurface investigation is made for the purpose of study, planning, and design, and not for construction or pay purposes. The various field boring logs, rock cores, and soil test data available may be reviewed or inspected in Raleigh at the office of the Geotechnical Unit. Neither the subsurface investigation report nor the field boring logs, rock cores, or soil test data shall be part of the contract.

(c) General soil and rock strata description and indicated boundaries are based on geotechnical interpretation of all available subsurface data and may not necessarily reflect the actual subsurface conditions between borings or between sample strata within the borehole. The laboratory sample and the in situ (in-place) test data can be relied on only to the degree of reliability inherent in the test. The observed water levels or soil moisture conditions indicated in the subsurface investigation are as recorded at the time of the investigation. These water levels or soil moisture conditions may vary considerably with time according to climatic conditions including temperature, precipitation and wind, as well as other nonclimatic factors.

(d) Details shown on the subsurface investigation reports are preliminary only; the final design details may be different. For bidding and construction purposes, the contract contains the documents for final design information on this project. The Department shall not warrant or guarantee the sufficiency or accuracy of the investigation made, nor the interpretations made or opinions of the Department as to the type of materials and conditions that may be encountered. The bidder or subcontractor shall make such independent subsurface investigations as he deems necessary to satisfy himself as to conditions to be encountered on this project. The contractor shall have no claim for additional compensation or for an extension of time for any reason resulting from the actual conditions encountered at the site differing from those indicated in the subsurface information.

History

Authority G.S. 136-18(1); 143B-350(f)(3)
Eff. March 1, 1984
Amended Eff. April 1, 1984
Recodified from 19A NCAC 2D .0825
Amended Eff. February 1, 2008; October 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0828 Computer Bid Preparation

History

Status: repealed
Authority G.S. 136-18(1); 136-28.1
Eff. November 1, 1991
Amended Eff. October 1, 1993
Repealed Eff. February 1, 2008.

19A NCAC 02D .0829 Contract Officer

History

Status: repealed
Authority G.S. 136-18(1); 136-28.1
Eff. November 1, 1991
Repealed Eff. October 1, 1993.

19A NCAC 02D .0830 Definitions

This Section establishes the Department's rules for letting of contracts pursuant to G.S. 136-28.1(a). For purposes of this Section, the following definitions shall apply:

(1) "Bid" means the offer of a bidder on the proposal furnished by the Department to perform work and furnish labor and materials at the prices quoted.

(2) "Bidder" means an individual, partnership, firm, corporation, or joint venture formally submitting a bid for the work contemplated.

(3) "Bid documents" means the package of materials, in paper or electronic form, containing all project specific contract information including the plans and proposals furnished by the Department.

(4) "Contract" means the executed agreement between the Department of Transportation and the successful bidder, covering the performance of the work and the compensation for work.

(5) "Department" means the North Carolina Department of Transportation.

(6) "Debarment certification form" means a certification form provided by the Department for execution by the prospective bidder or subcontractor certifying that he is not, nor has been, debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from certain transactions and has not been charged, indicted or convicted of debarment related activities and shall otherwise assume debarment certification responsibilities as part of any contract with the Department.

(7) "Invitation to bid" means the notification that bids will be received for the construction of specific projects.

History

Authority G.S. 136-28.1
Eff. October 1, 1993
Amended Eff. February 1, 2008
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .0901 Delegation to Secretary

History

Status: repealed
Authority G.S. 136-18(1); 136-28.1; 136-44.1; 136-45; 143-350(f)
Eff. February 1, 1987
Repealed Eff. December 1, 1993.

19A NCAC 02D .0902 Contract Requirements

History

Status: repealed
Authority G.S. 136-18(1); 136-28.1; 136-44.1; 136-45; 143-350(f)
Eff. February 1, 1987
Repealed Eff. November 1, 1991.

19A NCAC 02D .1001 Purpose

The North Carolina Department of Transportation's Adopt-A-Highway Program exists to support the Department's litter abatement efforts.

History

Authority G.S. 143B-350
Eff. November 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .1002 Definitions

For purposes of rules in this Section, the following definitions shall apply.

(1) "Adoption" shall mean the agreement by an individual or group to pick up litter and trash from a specific section of highway right-of-way.

(2) "Adopt-A-Highway Program" shall mean the public participation program of the Department designed to assist in the control and reduction of litter on state-maintained highway right-of-way.

(3) "Adopted Section" shall mean the portion, generally two miles in length, of state-maintained highway right-of-way approved for adoption by volunteers.

(4) "Authorized Representative" shall mean, in the case of an adoption by a group, the group members acting on behalf of the group for the purpose of adopting a section of highway.

(5) "Department" shall mean the North Carolina Department of Transportation.

(6) "Program" shall mean the Adopt-A-Highway Program of the North Carolina Department of Transportation.

(7) "Program Director" shall mean the Director of Beautification Programs of the North Carolina Department of Transportation who has oversight responsibility for the Program.

(8) "Program Participants" shall mean the individuals or groups who have adopted sections of highways. Civic and non-profit organizations, and commercial and private enterprises may be selected as groups for the purpose of adopting a section of highway.

History

Authority G.S. 143B-350
Eff. November 1, 1991
Amended Eff. November 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .1003 Participation in the Program

(a) The adoption of a section of highway is a privilege in consideration for public service that may be granted by the Department to individuals or groups who would assist the Adopt-A-Highway Program in achieving its purpose.

(b) Only individuals or groups determined by the Department to exhibit in good faith the willingness and the capacity to perform the responsibilities of the Program will be allowed to adopt a highway. The Department may refuse to grant a request to adopt a section of highway if, in its opinion, granting the request would jeopardize the Program, be counterproductive to its purpose as set out in Rule 02D.1001 of this Section, or create a hazard to the safety of Department employees or the public. Highway safety is a principal concern in all decisions related to the Program. Program participants shall not be discriminated against on the basis of religion, race, national origin, sex or handicap (except where the handicap would affect the individual's safe participation in the Program) with respect to their participation in the Program.

(c) The Division Engineer or his designee shall approve applications of individuals or groups applying to participate in the Program. A list of the newly approved participants, by division, shall be submitted to the Program Director for review on the first of each month. The approval of the Division Engineer is final unless the applications are disapproved by the Program Director by the first day of the next calendar month. If the Division Engineer has any uncertainty regarding the qualifications of the individual or group applying to the Program, the Division Engineer shall submit the application and all accompanying documents to the Program Director for final action.

(d) Agreements of adoption shall be for a period of four years.

(e) Each person participating in the Program shall execute a written release of the Department, its officials, employees and agents from any liability arising out of his or her participation in the Program. In the case of a minor, such release shall be executed by a parent or guardian.

(f) Program participants may put recyclable plastic, cans, and glass in blue bags which are furnished by the department and may keep the proceeds received for the recycled materials.

History

Authority G.S. 136-140.1; 143B-350
Eff. November 1, 1991
Amended Eff. August 1, 2002; November 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .1004 Agreement

Any individual or group desiring to participate in the Adopt-A-Highway Program shall submit an agreement to the Division Engineer of the Division in which the section of highway proposed for adoption is located. The agreement shall be in the form prescribed by the Department and shall contain at a minimum the following information:

(1) The highway section to be adopted, as nearly as it can be described;

(2) The dates of the requested adoption;

(3) The approximate number of people in the group who will be participating in each cleanup;

(4) The name, telephone number, and complete street address of the authorized representative for the group and of all members of the group who will actually participate in the Program;

(5) An acknowledgement by the individual or group of the hazardous nature of the work involved by participating in the Program;

(6) An acknowledgement that the members of the group agree jointly to be bound by and comply with the terms and conditions set forth in the agreement; and

(7) The signatures of the Division Engineer, or his designee, and the Authorized Representative of the Program Participant.

History

Authority G.S. 143B-350
Eff. November 1, 1991
Amended Eff. November 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .1005 Responsibilities of Program Participants and Department

(a) Any individual or group participating in the Adopt-A-Highway Program shall be subject to the following requirements and responsibilities:

(1) Appointing or selecting an authorized representative to act on behalf of the group;

(2) Ensuring that each person participating in the program attend a safety meeting and sign a statement acknowledging that they have attended the safety meeting and viewed the Department's safety video before participating in the cleanup of the adopted section;

(3) Obeying and abiding by the rules adopted by the Department;

(4) Picking up litter a minimum of four times a year, and as often as necessary to maintain a clean right-of-way;

(5) Ensuring that each individual participant of the group wears a Department approved safety vest or shirt during the pickup;

(6) Ensuring that each individual participant of the group wear clothing that will not impair vision or movement during the pickup;

(7) Ensuring that attire that might divert the attention of motorists is not worn during clean up activities;

(8) Furnishing adequate supervision by one or more adults 21 years of age or older for groups which have participants 12 - 17 years of age;

(9) Ensuring that no one under the age of 12 is allowed to participate in the clean up activities;

(10) Prohibiting participants from either possessing or consuming alcoholic beverages or other drugs during clean up activities;

(11) Ensuring that no signs, posters, or other display material that might distract motorists are brought to the adopted section by group members during or between clean ups;

(12) Filing after actions reports as prescribed by the Department; and

(13) Ensuring that all provisions of the agreement are fully performed.

(b) The Department's participation in the Program will include the following:

(1) Working with the group to determine the specific section of state right-of-way to be adopted;

(2) Providing safety vests, trash bags and safety information;

(3) Erecting two signs, one at each end of the adopted section, with the group's name or acronym displayed. The size, shape and graphic design of the sign shall be in accordance with the Adopt-A-Highway sign policy as approved by the Secretary of Transportation. In the case of theft, vandalism or destruction of a highway sign, the Department shall provide one free replacement of the sign. Thereafter, any replacement sign shall be paid for by the Program Participant;

(4) Removing filled trash bags;

(5) Removing litter from the adopted section under unusual circumstances, i.e., removing large, heavy or hazardous items;

(6) Monitoring to ensure the objectives of litter abatement are being met; and

(7) Monitoring to evaluate the overall operation of the Program and to gauge its effectiveness.

History

Authority G.S. 143B-350
Eff. November 1, 1991
Amended Eff. November 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .1006 General Limiting Conditions

(a) The Department shall determine which highways are eligible for adoption.

(b) The Department shall determine the designation of the section of right-of-way to be adopted. The Department will consider community sentiment in determining the designation of the section of right-of-way to be adopted.

(c) State roads in residential neighborhoods will not normally be available for adoption. Exceptions include roads adopted by the neighborhood residents. Underlying fee owners' objections to a specific adoption shall be considered.

(d) If any of the Program's actions are determined to be contrary to any statutory restrictions, or any restrictions on the use of appropriated funds for political activities, the Department may take any necessary remedial action, including, but not limited to, the removal of the erected signs displaying the Program Participant's name or acronym or the termination of the adoption agreement.

(e) Names, titles or words placed on Adopt-A-Highway signs shall be approved by the North Carolina Department of Transportation.

History

Authority G.S. 143B-350
Eff. November 1, 1991
Amended Eff. November 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .1007 Modification/Renewal/Termination of the Agreement

(a) The Adopt-A-Highway agreement may be modified in scope or altered in any other manner at the discretion of the Department.

(b) Program participants shall have the option of renewing the agreement, subject to the approval of the Department and the continuation of the Program by the Department. Information concerning Program participants is to be updated at the time of renewal.

(c) The Department may terminate the agreement or remove the Adopt-A-Highway signs bearing the Program participant's name or acronym if it finds and determines that the participant is not meeting the terms and considerations of the agreement, that the participant is acting contrary to the rules of the Program, that the adoption is proving to be counter productive to the Program's purpose, that undesirable results such as increased litter, vandalism or sign theft, are resulting from the adoption, that Program participants have engaged in irresponsible conduct at the adopted section which would bring discredit upon the State, or that other good cause exists to terminate the agreement or remove the Adopt-A-Highway sign.

History

Authority G.S. 143B-350
Eff. November 1, 1991
Amended Eff. November 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02D .1008 Termination of the Program

History

Status: repealed
Authority G.S. 136-18(10)
Eff. November 1, 1991
Repealed Eff. November 1, 1993.

19A NCAC 02D .1101 Purpose and Scope

(a) The Department shall ensure that Disadvantaged Business Enterprises (DBE), have the opportunity to participate in the performance of contracts financed in whole or in part with Federal funds.

(b) The Department shall ensure that Disadvantaged Minority-owned Business Enterprises (MBE) and Disadvantaged Women-owned Business Enterprises (WBE) may have the opportunity to participate in the performance of contracts financed with non-Federal funds.

(c) 49 C.F.R. Part 23, Participation of Disadvantaged Business Enterprise in Airport Concession, and Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs, are incorporated by reference, including all subsequent amendments and editions. 49 C.F.R. 23 and 26 are available at no cost by accessing https://www.govinfo.gov/.

(d) The DBE/UCP Program Manager may be contacted by phone at 919-707-2800.

(e) The Department DBE, MBE, and WBE directory may be accessed, at no cost to the public, by visiting https:www.ebs.nc.gov/VendorDirectory/default.html.

(f) Unified Certification Applications may be obtained at no cost by accessing https://www.ncdot.gov, or from the DBE/UCP Program Manager, 919-707-2800. The substantive requirements of the Unified Certification Application are detailed at 19A NCAC 02D .1103.

History

Authority G.S. 136-28.4; 143B-348
Eff. April 30, 1997
Amended Eff. February 1, 2008
Readopted Eff. April 1, 2019.

19A NCAC 02D .1102 Definitions

In addition to the terms defined in G.S. 136-28.4, the following terms shall apply for purposes of this Section:

(1) Disadvantaged Business Enterprise shall have the same meaning as provided in 49 C.F.R. 26.5(2).

(2) Disadvantaged Minority-owned Business shall have the same meaning as a Disadvantaged Business Enterprise.

(3) Disadvantaged Women-owned Business shall have the same meaning as a Disadvantaged Business Enterprise.

(4) Minority Business Enterprise shall have the same meaning as a Disadvantaged Business Enterprise.

(5) Women Business Enterprise shall have the same meaning as Disadvantaged Business Enterprise.

(6) The Department's Unified Certification Program (UCP) is responsible for certification of Disadvantaged Business Enterprises in accordance with in 49 C.F.R. Part 26.

History

Authority G.S. 136-28.4; 143B-348
Eff. April 30, 1997
Amended Eff. February 1, 2008
Readopted Eff. April 1, 2019.

19A NCAC 02D .1103 Certification of Firms

(a) In order to be certified by the Department as a Disadvantaged Business Enterprise, disadvantaged Minority-owned Business Enterprise, or disadvantaged Women-owned Business Enterprise, the business enterprise shall submit a Unified Certification Application and supporting documentation to the Department. Information on Unified Certification Applications and its requirements may be found at 49 C.F.R. Appendix F to Part 26 or by accessing https://connect.ncdot.gov/business/SmallBusiness/Disadvantaged%20Businesses%20Documents/DBE_1b.pdf. Please send applications to NCDOT DBE Certification, 1511 MAIL SERVICE CENTER, RALEIGH, NC 27699-1511.

(b) Upon Receipt of the application, the Department shall review the application in accordance with the applicable certification standards and procedures as set forth in 49 C.F.R. 23.31 and 49 C.F.R. 26.61 through 26.91.

History

Authority G.S. 136-28.4; 143B-348
Eff. April 30, 1997
Amended Eff. February 1, 2008
Readopted Eff. April 1, 2019.

19A NCAC 02D .1104 Renewal of Certification

Each firm certified as a Disadvantaged Business Enterprise, disadvantaged Minority-owned Business Enterprise, or disadvantaged Women-owned Business Enterprise shall satisfy the annual affidavit requirements of 49 C.F.R. 26.83(i).

History

Authority G.S. 143B-348
Eff. April 30, 1997
Amended Eff. February 1, 2008
Readopted Eff. April 1, 2019.

19A NCAC 02D .1105 Change in Ownership or Control

Pursuant to, and in accordance with, 49 C.F.R. 26.83(i), any time a firm certified with the Department has a change of ownership, control, business size, type of work, or other factors that affect the firm's eligibility as a Disadvantaged Business Enterprise, disadvantaged Minority-owned Business Enterprise, or disadvantaged Women-owned Business Enterprise, the firm shall inform the Department in writing within 30 days of the change.

History

Authority G.S. 143B-348
Eff. April 30, 1997
Amended Eff. February 1, 2008
Readopted Eff. April 1, 2019.

19A NCAC 02D .1106 Decertification

If the Department finds a firm in non-compliance with the eligibility requirements of 49 C.F.R. 23 or 26, then that firm shall be suspended or decertified in accordance with 49 C.F.R. 23.31 through 23.39, if the firm is a Disadvantaged Business Enterprise for Airport Concessions, or 49 C.F.R. 26.87 and 26.88 for all other firms.

History

Authority G.S. 143B-348
Eff. April 30, 1997
Amended Eff. February 1, 2008
Readopted Eff. April 1, 2019.

19A NCAC 02D .1107 Appeals of Denial of Certification

(a) Any Minority Business Enterprise firm or Women Business Enterprise firm denied certification or decertified may file an appeal of that action to the Department's DBE/UCP Program Manager.

(1) The appeal shall be received by the Department within 30 calendar days of the notice of denial or decertification. Upon receipt of the appeal, the DBE/UCP Program Manager shall schedule a hearing for the firm with the Department's Disadvantaged Business Enterprise, Minority Business Enterprise, Women Business Enterprise Appeals Committee.

(2) If the denial of certification or decertification is upheld by the Department's appeals committee, the Minority Business Enterprise firm or Women Business Enterprise firm may file a written appeal to the Secretary of Transportation within 30 days of the committee's decision.

(3) If the denial of certification is upheld by the Secretary of Transportation, the decision shall be final.

(b) Any Disadvantaged Business Enterprise firm denied certification or decertified may file an appeal of that action as follows:

(1) The Disadvantaged Business Enterprise firm may file an appeal to the Department's DBE/UCP Program Manager. The appeal shall be received by the Department within 30 calendar days of the notice of denial. Upon receipt of the appeal, the DBE/UCP Program Manager shall schedule a hearing for the firm with the Department's appeals committee.

(2) The Disadvantaged Business Enterprise firm may file a written appeal within 90 days of notice of appeal directly to the U.S. Department of Transportation, Office of Civil Rights in accordance with Parts 23 and 26 of Title 49 of the Code of Federal Regulations.

(3) The appeals may be filed simultaneously.

History

Authority G.S. 136-28.4; 143B-348
Eff. April 30, 1997
Amended Eff. February 1, 2008
Readopted Eff. April 1, 2019.

19A NCAC 02D .1108 Goals

(a) The Department shall perform an analysis to determine the availability of eligibility, of Disadvantaged Business Enterprise, Minority-owned Business Enterprise, and Women-owned Business Enterprise firms relative to all businesses available to participate in Department projects in accordance with 49 C.F.R. Part 26. Goals for Disadvantaged Business Enterprise, Minority-owned Business Enterprise, and Women-owned Business Enterprise firms shall be established in accordance with 49 C.F.R. 26.41 through 26.55, and G.S. 136-28.4(b1). The goal or goals shall be prescribed in the project proposal as a percent of the bidder's construction bid price.

(b) A contractor shall ensure that eligible firms participate in at least the percentage of the contract as required by the project proposal. For purposes of these Rules, "a contractor" is any party who participate in a State funded or US Department of Transportation-assisted highway, transit, or airport project through a contract or subcontract at any tier.

History

Authority G.S. 136-28.4; 143B-348
Eff. April 30, 1997
Amended Eff. February 1, 2008
Readopted Eff. April 1, 2019.

19A NCAC 02D .1109 Counting Participation Toward Meeting the Goal

Participation of Disadvantaged Business Enterprise, disadvantaged Minority-owned Business Enterprise, and Women-owned Business Enterprise firms for federally funded and non-federally funded projects shall be counted in accordance with 49 C.F.R. 26.41 through 26.55.

History

Authority G.S. 136-28.4; 143B-348
Eff. April 30, 1997
Amended Eff. February 1, 2008
Readopted Eff. April 1, 2019.

19A NCAC 02D .1110 Good Faith Requirements for Established Goals

A contractor who does not meet the goals established in the project shall comply with the good faith requirements as set forth in 49 C.F.R. Appendix A Part 26.

History

Authority G.S. 136-28.4; 143B-348
Eff. April 30, 1997
Amended Eff. February 1, 2008
Readopted Eff. April 1, 2019.

19A NCAC 02D .1111 Replacement of Certified Firms

If a certified firm, utilized to meet the goal established pursuant to 49 C.F.R. Part 26, is replaced, then the replacement shall comply with 49 CFR. 26.53.

History

Authority G.S. 136-28.4; 143B-348
Eff. April 30, 1997
Amended Eff. February 1, 2008
Readopted Eff. April 1, 2019.

19A NCAC 02D .1112 Replacement of a Firm Removed by Decertification

If a certified firm, utilized to meet the goal established pursuant to 49 C.F.R. Part 26, is decertified, and is replaced. The replacement shall comply with 49 C.F.R. 26.53.

History

Authority G.S. 136-28.4; 143B-348
Eff. April 30, 1997
Amended Eff. February 1, 2008
Readopted Eff. April 1, 2019.

Subchapter E

19A NCAC 02E .0101 Claims Involving the Division of Highways

(a) To assist persons in processing a claim against the State of North Carolina as a result of accidents involving division of highways' marine vessels and claims involving accidents on facilities maintained by the division of highways, Form 141-- "Statement of Claimant" is made available.

(b) Form 141-- "Statement of Claimant" is provided by the division of highways to be completed by the claimant, providing such information as the name and address of the damaged party and other information relative to the claim.

(c) Copies of Form 141-"Statement of Claimant" may be obtained from the Chief Engineer - Operations, or any highway division engineer, highway district engineer, or ferry division headquarters office.

Note: See G.S. 143-291 through -299.1 on "Tort Claims against the State Departments and Agencies" for the procedures for complaints.

History

Authority G.S. 143-291 to 299; 143-299.1; 143B-350(f); 143B-350(g)
Eff. July 1, 1978
Amended Eff. November 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02E .0102 Accidents Involving State-Owned Vehicles or Equipment

(a) Division of Highways' vehicles or equipment are covered by liability insurance with the Travelers Insurance Companies. This coverage includes any type of claim that is related to an accident involving a self-propelled vehicle. In addition to accidents, involving the collision of a state-owned vehicle and privately-owned property, other examples of coverage are:

(1) paint spraying from pavement marking machines;

(2) paint spraying from air compressors;

(3) asphalt spray from distributors;

(4) sand blasting;

(5) objects falling from vehicles;

(6) objects thrown by mowers, etc.

(b) Claimants may contact Travelers Insurance Companies at:

The Travelers Insurance Companies

P.O. Box 220379

Charlotte, North Carolina 28222.

History

Authority G.S. 143-291 to 299; 143-299.1; 143B-350(f); 143B-350(g)
Eff. July 1, 1978
Amended Eff. November 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02E .0201 Definitions for Outdoor Advertising Control

In addition to the definitions set forth in G.S. 136-128, of Article 11 of North Carolina General Statutes, also known as the Outdoor Advertising Act, the following definitions shall apply for purposes of the Rules of this Section:

(1) Abandoned Sign: An outdoor advertising sign structure shall be considered abandoned if it has no lease or meets one of the following criteria for a period of 12 months:

(a) is not maintained in accordance with the Rules of this Section; or

(b) is without a message, contains out-of-date advertising matter, or is significantly damaged.

(2) Automatic Changeable Facing Sign: A sign, display, or device that changes the message or copy on the sign facing electronically by digital means or movement or rotation of panels or slats.

(3) Blank Sign: A sign structure that contains no message or only a telephone number advertising its availability.

(4) Comprehensive Zoning: Zoning by local zoning authorities of each parcel of land under the jurisdiction of the local zoning authority placed in a zoning classification pursuant to a comprehensive plan, or reserved for future classification. A comprehensive plan means a development plan that guides decisions of the local zoning authority relating to zoning and the growth and development of the area. Even if comprehensively enacted, the following criteria shall determine whether a zoning is enacted to permit outdoor advertising:

(a) the zoning classification provides for commercial or industrial activity only incidental to other primary land uses;

(b) the commercial or industrial activities are permitted only by variance or special exceptions; or

(c) the zoning constitutes spot or strip zoning. "Spot zoning" or "strip zoning" is zoning designed primarily for the purpose of permitting outdoor advertising signs in an area that would not otherwise permit outdoor advertising.

(5) Conforming Sign: A sign legally erected in a zoned or unzoned commercial or industrial area that meets all requirements of the rules of this Section and Article 11 of Chapter 136 of NC General Statutes.

(6) Controlled Access Highway: A highway on which entrance and exit accesses are allowed only at designated points.

(7) Controlled Route: Any interstate or federal-aid primary highway as it existed on June 1, 1991, and any highway that is or becomes a part of the National Highway System (NHS).

(8) Destroyed or Significantly Damaged Sign: A sign that has sustained damage by more than 50 percent as determined by the criteria set forth in Rule .0225(f) of this Section by factors other than tortious or criminal acts, including vandalism. An example of a destroyed sign includes a sign damaged by wind.

(9) Dilapidated Sign: A sign that fails to be in the same form as originally constructed, or that fails to perform its intended function of conveying a message. Characteristics of a dilapidated sign include structural support failure, a sign not supported as originally constructed, panels or borders missing or falling off, intended messages cannot be interpreted by the motoring public, or a sign that is blocked by overgrown vegetation outside the highway right of way.

(10) Directional Sign: A sign that contains navigational information about public places owned or operated by federal, State, or local governments or their agencies; publicly or privately owned natural phenomena, historic, cultural, scientific, educational, and religious sites; and areas of natural scenic beauty or naturally suited for outdoor recreation. Directional and other official signs and notices include:

(a) Public Service Sign: A sign located on a school bus stop shelter that meets all the following requirements:

(i) identifies the donor, sponsor or contributor of a shelter;

(ii) is located on a school bus shelter that is authorized or approved by city, county, or state law, regulation, or ordinance, and at places approved by the city, county, or state agency controlling the highway involved;

(iii) contains only safety slogans that shall occupy not less than 60 percent of the area of the sign;

(iv) does not exceed 32 square feet in area; and

(v) contains not more than one sign facing in any one direction.

(b) Public Utility Sign: A warning sign, informational sign, notice or other marker erected and maintained by publicly or privately owned utilities.

(c) Service Club and Religious Notices: Any sign or notice that relates to meetings of nonprofit service clubs, charitable associations, or religious services. These signs shall not exceed eight square feet in area.

(11) Discontinued Sign: A sign no longer in existence or a sign of which any part of a sign face is missing more than 180 days. In some cases, a sign may be both discontinued and dilapidated.

(12) Fully Controlled Access Highway: A divided highway for through traffic that persons, including the owners or occupants of abutting lands have no right of access except at the points and in the manner determined by the Department of Transportation.

(13) Highway: A highway that is designated as a part of the interstate or federal-aid primary highway system as of June 1, 1991, or any highway which is or becomes a part of the National Highway System. A highway shall be a part of the National Highway System on the date the location of the highway has been approved by federal authorities.

(14) Lease: An agreement by which possession or use of land or interests therein is given for a specified purpose and period of time, and which is a contract under North Carolina laws.

(15) Main Traveled Way or Traveled Way: Part of a highway on which through traffic is carried, exclusive of paved shoulders. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a traveled way. It does not include frontage roads, turning roadways, or parking areas.

(16) Nonconforming Sign: A non-conforming sign means as defined in G.S. 136-128(2a).

(17) Official Sign or Notice: A sign or notice erected and maintained by public officers or public agencies within their territorial or zoning jurisdictions and pursuant to and in accordance with federal, State or local law for the purpose of carrying out an official duty or responsibility. Official signs and notices include historical markers authorized by state law and erected by state or local government agencies or nonprofit historical societies.

(18) On-premise Sign: A sign that advertises the sale or lease of property upon which it is located or that advertises an activity conducted or product for sale on the property upon which it is located. An on-premise sign may not be converted to a permitted outdoor advertising sign unless it meets all rules in effect at the time of the conversion request. An on-premise sign shall be located on property contiguous to the property on which the activity is located. Tracts not considered to be contiguous include:

(a) tracts of land separated by a federal, State, city, or public access maintained road;

(b) tracts of land not under common ownership; or

(19) Parkland: Any publicly-owned land that is designated or used as a public park, recreation area, wildlife or waterfowl refuge or historic site.

(20) Permit Holder: A permit holder is the sign owner and the entity whose name is on the approved outdoor advertising permit application as "Permit Holder or Sign Owner".

(21) Salvageable Sign Components: Components of the original sign structure prior to the damage that can be repaired or replaced on site by the use of labor only. If any materials, other than nuts, bolts, nails or similar hardware, are required in order to repair a component, the component is not considered to be salvageable.

(22) Scenic Area: Any area of particular beauty or historical significance as determined by the federal, State, or local official having jurisdiction thereof, and includes interests in land which have been acquired for the restoration, preservation and enhancement of beauty.

(23) Scenic Byway: A scenic byway designated by the Board of Transportation, regardless of whether the route so designated was part of the interstate or federal-aid primary highway system as of June 1, 1991, or any highway that is or becomes a part of the National Highway System.

(24) Sign: Any outdoor sign, sign structure, display, light, device, figure, painting, drawing, message, placard, poster, billboard, or other object which is designed, intended, or used to advertise or inform. A sign includes any of the parts or material of the structure, such as beams, poles, posts, and stringers, the only eventual purpose of which is to display a message or other information for public view. For purposes of these rules, the term "sign" and its definition shall be interchangeable with the following terms: outdoor advertising, outdoor advertising sign, outdoor advertising structure, outdoor advertising sign structure, sign structure, and structure.

(25) Sign Not Conforming to State Standards: a sign which was legally erected but does not conform to the zoning, size, lighting, and spacing criteria established in Rule .0203 of this Section promulgated at a later date, or a sign which was legally erected but later fails to conform to the zoning, size, lighting, and spacing criteria established in Rule .0203 of this Section.

(26) Sign Face: The part of the sign, including trim and background, that contains the message or informative contents.

(27) Sign Location: A sign location is the latitude and longitude as determined by recreational grade global position system (GPS) equipment with imagery reference. The location shall be determined and listed on each outdoor advertising permit application by DOT personnel.

(28) Sign Owner: A sign owner is the owner of the physical sign structure.

(29) Unzoned Commercial or Industrial Area: An area that is not zoned by State or local law, regulation, or ordinance, and that is within 660 feet of the nearest edge of the right of way of the interstate or federal-aid primary system or NHS, in which there is at least one commercial or industrial activity that meets all requirements specified in Rule .0203(5) of this Section.

(30) Zoned Commercial or Industrial Area: An area that is zoned for business, industry, commerce, or trade pursuant to a State or local zoning ordinance or regulation. Local zoning action shall be taken pursuant to the state's zoning enabling statute or constitutional authority. Zoning that is not part of comprehensive zoning or that is created to permit outdoor advertising structures shall not be recognized as valid zoning for purposes of the Outdoor Advertising Control Act and the rules promulgated thereunder, unless the land is developed for commercial or industrial activity as defined in Rule .0203(5) of this Section.

History

Authority G.S. 136-130
Eff. July 1, 1978
Amended Eff. August 1, 2000; December 1, 1993; March 1, 1993; December 1, 1990; January 1, 1984
Readopted Eff. January 1, 2021.

19A NCAC 02E .0202 Agreement

The Department of Transportation has entered into an agreement with the United States Department of Transportation relating to the control of outdoor advertising in areas adjacent to the interstate and federal-aid primary highway systems or NHS in accordance with Section 131 (b) of Title 23 of the United States Code and Part 750 of Title 23 of the Code of Federal Regulations. To the extent that these federal regulations and subsequent amendments and editions are more restrictive than North Carolina Department of Transportation rules, these federal regulations control and are expressly incorporated by reference as part of this section. A copy of this agreement may be obtained from the Office of the Chief Engineer free of charge. Copies of Title 23 of the United States Code of Federal Regulations are available at the following website: https://www.ecfr.gov.

History

Authority G.S. 136-138; 143B-350(f); 150B-21.6
Eff. July 1, 1978
Amended Eff. December 1, 2012; August 1, 2000; November 1, 1993; December 1, 1990; June 15, 1981
Readopted Eff. January 1, 2021.

19A NCAC 02E .0203 Outdoor Advertising on Controlled Routes

Except for those signs set forth in G.S. 136-129(1), (2), (2a), and (3), this Rule shall apply to the erection and maintenance of outdoor advertising signs in all zoned and unzoned commercial and industrial areas located within 660 feet of the nearest edge of the right of way of the controlled route.

(1) Signs shall be configured and sized as follows:

(a) the maximum area for any one sign shall be 1,200 square feet with a maximum height of 30 feet and maximum length of 60 feet. All measurements shall include any border and trim, but shall exclude the base or apron, embellishments, embellished advertising space, supports, and other structural members;

(b) the maximum size limitations shall apply to each side of a sign structure. Signs placed back-to-back, side-to-side, or in V-type construction with no more than two displays to each facing shall be considered as one sign. The maximum size limitations shall apply to each facing of a sign structure;

(d) V-type and back-to-back signs shall not be considered as one sign if located more than 15 feet apart at their nearest points;

(e) the height of any portion of the sign structure, excluding cutouts or embellishments, as measured vertically from the adjacent edge of pavement of the main traveled way shall not exceed 50 feet; and

(f) Double-decking of sign faces so that one is on top of the other is prohibited.

(2) Signs shall be spaced as follows:

(a) Signs shall not be located in a manner to obscure, or otherwise physically interfere with the effectiveness of any traffic sign, signal, or device, or to obstruct or physically interfere with a driver's view of approaching, merging, or intersecting traffic;

(b) Controlled Routes with Fully Controlled Access:

(i) No two structures shall be spaced less than 500 feet apart;

(ii) Outside the corporate limits of towns and cities, no structure may be located within 500 feet of an interchange, collector distributor, safety rest area or information center regardless of whether the main traveled way is within or outside the town or city limits. The 500 feet spacing shall be measured from the point at which the pavement widens for a ramp and the direction of measurement shall be along the edge of pavement away from the interchange, collector distributor, safety rest area or information center. In those interchanges where a quadrant does not have a ramp, the 500 feet for the quadrant without a ramp shall be measured along the outside edge of main traveled way for highways as follows:

(A) Where a route is bridged over a fully controlled access highway, the 500 foot measurement shall begin on the outside edge of pavement of the fully controlled access highway at a point below the edge of the bridge. The direction of measurement shall be along the edge of pavement away from the interchange;

(B) Where a fully controlled access highway is bridged over another route, the 500 foot measurement shall be made from the end of the bridge in the quadrant. The direction of measurement shall be along the edge of main traveled way away from the bridge; and

(C) Where the routes involved are both fully controlled access highways, measurements on both routes shall be made according to (A) or (B) of this Subitem, whichever applies. Should there be a situation where there is more than one point at which the pavement widens along each road within a quadrant, the measurement shall be made from the pavement widening which is farthest from the intersecting roadways.

(i) outside of incorporated towns and cities no two structures shall be spaced less than 300 feet apart; and

(ii) within incorporated towns and cities no two structures shall be spaced less than 100 feet apart.

(d) The rules of this Section regarding spacing between sign structures shall not apply to structures separated by buildings or other obstructions where only one sign facing located within the distances set forth in the rules of this Section is visible from the highway at any one time;

(e) Official signs, on-premise signs, or structures that are not lawfully maintained shall not be included, nor shall measurements be made from them for purposes of determining compliance with spacing requirements; and

(f) The minimum distance between structures shall be measured along the nearest edge of the main traveled way between points opposite the signs along each side of the highway and shall apply only to structures located on the same side of the highways.

(3) Signs shall meet the following lighting requirements:

(a) No sign shall contain, include, or be illuminated by any flashing, intermittent, or moving light or lights, including animated or scrolling advertising except as allowed by Item (4) of this Rule or it is giving public service information, such as time, date, temperature, or weather;

(b) No light emitted or reflected off of a sign shall be of an intensity or brilliance as to cause glare or to impair the vision of a driver, or which otherwise interfere with the operation of a motor vehicle;

(c) No sign shall be so illuminated that it interferes with the effectiveness of, or obscures an official traffic sign, device, or signal; and

(d) All sign lighting shall be subject to any other provisions relating to lighting of signs applicable to all highways under the jurisdiction of the State, including G.S. 136-32.2.

(4) Automatic changeable facing signs shall meet the following requirements:

(a) the sign does not contain or display flashing, intermittent, or moving lights, including animated or scrolling advertising;

(b) the changeable facing remains in a fixed position for at least eight seconds;

(d) the sign is not placed within 1,000 feet of another automatic changeable facing sign on the same side of the highway;

(e) the 1000-foot distance is measured along the nearest edge of the pavement and between points opposite the signs along each side of the highway;

(f) a legally conforming structure may be modified to an automatic changeable facing structure as set forth in Rule .0225 of this Section. Signs not conforming to State standards shall not be modified to an automatic changeable facing:

(g) the sign must contain a default design that will freeze the sign in one position if a malfunction occurs; and

(h) the sign application meets all permitting requirements as set forth in Rule .0206 of this Section.

(5) Unzoned commercial or industrial area qualification for signs shall meet the following requirements:

(a) To qualify an area unzoned commercial or industrial for the purpose of outdoor advertising control, one or more commercial or industrial activities shall meet all of the following criteria prior to submitting an outdoor advertising permit application:

(i) The activity shall maintain all necessary business licenses as may be required by applicable state, county, or local law or ordinances;

(ii) The property used for the activity shall be listed for ad valorem taxes with the county and municipal taxing authorities as required by law;

(iii) The activity shall be connected to utilities, including power, telephone, water, and sewer, or septic service;

(iv) The activity shall have vehicular access and generate traffic:

(v) The activity shall have a building designed with a permanent foundation, built or modified for its current commercial or industrial use, and the building must be located within 660 feet from the nearest edge of the right of way of the controlled route. Where a mobile home or recreational vehicle is used as a business or office, the following conditions and requirements also apply;

(A) the mobile home unit or recreational vehicle shall meet the North Carolina State Building Code criteria for commercial or business use;

(B) a self-propelled vehicle shall not qualify for use as a business or office for the purpose of these rules;

(D) the unit shall be permanently secured on piers, pad, or foundation; and

(E) the unit shall be tied down in accordance with local, state, or county requirements.

(vi) The commercial or industrial activity must be in operation a minimum of six months prior to the date of submitting an application for an outdoor advertising permit;

(vii) The activity shall be open to the public during hours for that type of activity, but not less than 20 hours per week;

(viii) One or more employees shall be available to serve customers whenever the activity is open to the public; and

(ix) The activity shall be visible and recognizable as commercial or industrial from the main travel way in a vehicle traveling at the posted speed of the controlled route for 12 months of a year.

(b) Each side of the controlled route shall be considered separately. All measurements shall begin from the outer edges of buildings where business is conducted including parking lots, storage, or processing areas of the commercial or industrial activity, not from the property line of the activity, and shall be along the nearest edge of the main traveled way of the controlled route.

(d) To qualify an area as unzoned commercial or industrial for the purpose of outdoor advertising control, none of the following activities shall be recognized:

(i) outdoor advertising structures;

(ii) on-premise or on-property signs defined by Rule .0201(18) of this Section if the on-premise sign is the only part of the commercial or industrial activity that is visible from the main-traveled way;

(iii) agricultural, forestry, ranching, grazing, farming, and related activities, including temporary wayside fresh produce stands;

(iv) transient or temporary activities;

(v) activities more than 660 feet from the nearest edge of the right of way;

(vi) activities conducted in a building used as a residence;

(vii) railroad tracks and minor sidings;

(viii) any outdoor advertising activity or any other business or commercial activity carried on in connection with an outdoor advertising activity; and

(ix) illegal junkyards, as defined in G.S. 136-146, and nonconforming junkyards as set out in G.S. 136-147.

History

Authority G.S. 136-130
Eff. July 1, 1978
Amended Eff. August 1, 2000; November 1, 1993; December 1, 1990; November 1, 1988
Readopted Eff. January 1, 2021.

19A NCAC 02E .0204 Local Zoning Authorities

Local zoning authorities may certify to the Board of Transportation when they have established effective control within zoned commercial and industrial areas, through regulations or ordinances with respect to size, lighting and spacing of outdoor advertising signs consistent with the intent of the Highway Beautification Act of 1965, Section 131 of Title 23 of the United States Code, and with customary use. Upon authorization from the Chief Engineer to the local zoning authority, the size, lighting and spacing requirements set forth in G.S. 136 Articles 11 and 11A or 19A NCAC 02E .0200, will not apply to those areas and the local zoning authority shall be authorized to issue permits for the erection and maintenance of outdoor advertising signs.

History

Authority G.S. 136-130
Eff. July 1, 1978
Amended Eff. December 1, 2012; November 1, 1993.

19A NCAC 02E .0205 Permits Required

History

Status: repealed
Authority G.S. 136-130; 136-133
Eff. July 1, 1978
Amended Eff. June 15, 1981
Repealed Eff. November 1, 1993.

19A NCAC 02E .0206 Applications

(a) An application for an outdoor advertising permit shall be made on NCDOT form OA-1, which may be obtained at any District Office. Upon completion, the application shall be submitted to the district office for the district where the proposed site is located. The application shall include the following attachments:

(1) A written lease or written proof of interest in the land where a sign is proposed to be constructed. An applicant may delete information pertaining to term and amount of lease;

(2) A right of entry form to provide the right of entry from the property owner or adjacent property owners to allow DOT personnel to enter upon property when necessary for the enforcement of the Outdoor Advertising Control Act or these rules;

(3) If zoned, a written statement from the local zoning authority indicating the present zoning of the parcel and its effective date. Upon request of the district engineer, the applicant shall submit copies of minutes from the appropriate zoning authority pertinent to the zoning action;

(4) If the area is an unzoned commercial or industrial area, a copy of the documentation confirming that the requirements under .19A NCAC 02E .0203(5)(a)(i) and (ii) have been met;

(5) A sign permit of zoning permit, if required by the local government having jurisdiction over the proposed location;

(6) A written certification from the sign owner indicating there has been no misrepresentation of any material facts regarding the permit application, or other information supplied to acquire a permit; and

(7) The initial nonrefundable permit fee.

(b) Any omission of attachments or certification required in Items (1) through (7) in this Rule may cause the rejection of the application. If the application is incomplete, the entire application package, including application fee, shall be returned to the applicant.

History

Authority G.S. 136-130
Eff. July 1, 1978
Amended Eff. August 1, 2000; November 1, 1993; December 1, 1990; June 15, 1981.

19A NCAC 02E .0207 Fees and Renewals

(a) All applicable fees shall be paid by the permit holders for each permit requested.

(b) An initial nonrefundable fee of one hundred twenty dollars ($120.00) per outdoor advertising structure shall be submitted with each new permit application.

(c) An annual non-refundable renewal fee of sixty dollars ($60.00) per sign structure shall be paid by the permit holders on or before April 15 of each year.

(d) The Division of Highways of the Department of Transportation shall send an invoice for the annual renewal fee to each permit holder with a permit. For a renewal to be approved, the permit holder must submit the signed invoice along with the renewal fee. If requested, the permit holder shall provide a valid lease or other proof of interest in the land where the sign is located. Failure to submit this documentation within 30 days of written request from the District Engineer's office by certified mail shall subject the permit to revocation under 19A NCAC 02E .0210(4).

History

Authority G.S. 136-130; 136-133
Eff. July 1, 1978
Amended Eff. November 1, 1993; October 1, 1991; December 1, 1990; July 1, 1986
Temporary Amendment Eff. November 16, 1999
Amended Eff. August 1, 2000
Readopted Eff. January 1, 2021.

19A NCAC 02E .0208 Permit and Permit Emblem

(a) Permits shall be issued for signs that are in compliance with all federal, State, or local laws pertaining to outdoor advertising structures by the Division of Highways of the Department of Transportation upon application, approval, and the payment of the initial permit fee as defined in Rule .0207 of this Section.

(b) The erection of new outdoor advertising structures shall not commence until a permit has been approved and the emblem issued. All construction of the outdoor advertising structure, except sign faces, shall be completed within 180 days of the approval of the permit. If the outdoor advertising structure, except sign faces, is not constructed within 180 days from the date of approval of the permit and issuance of the emblem then any intervening rule change shall apply to the sign structure. During the 180 day period, the new outdoor advertising structure shall be considered in existence for the purpose of spacing of adjacent signs as set out in Rule .0203 of this Section.

(c) The permit holder shall notify the appropriate office as provided in the permit by certified mail, return receipt requested, within 10 days after the outdoor advertising structure is completed. Upon completion of the construction and prior to notifying the appropriate District Engineer's Office, the permit holder shall affix the following information to the outdoor advertising structure in a position as to be visible from the main-traveled way of the controlled route:

(1) the emblem, with a Department-issued identification number; and

(2) the name of the person, firm or corporation owning or maintaining the outdoor advertising structure.

(d) Within 90 days after receiving notice that an outdoor advertising structure is complete, the appropriate District Engineer's office shall inspect the structure. If the structure fails to comply with the Outdoor Advertising Control Act or the rules in this Section, the District Engineer's office shall advise the permit holder by certified mail of the manner in which the structure fails to comply. The permit holder shall have 30 days from receipt of the notice to either bring the structure into compliance or have it removed.

(e) Replacements for emblems that are missing or illegible may be obtained from the district engineer's office by submitting a written request accompanied by a copy of the permit application that approved the original emblem.

History

Authority G.S. 136-130; 136-133
Eff. July 1, 1978
Amended Eff. August 1, 2000; November 1, 1993; December 1, 1990
Readopted Eff. January 1, 2021.

19A NCAC 02E .0209 Transfer of Permit/Change of Address

(a) Within 30 days after ownership of a permitted outdoor advertising sign is transferred, the previous or new owner shall submit a written notice, signed by the transferring owner and notarized, to the District Engineer's office for the county in which the sign is located.

(b) A permit holder must provide the appropriate District Engineer's office with written notice of any change of address within 30 days of the address change.

(c) Should a permit holder fail to provide written notice of a transfer of permit or change of address, a revocation of a permit for one of the reasons specified in Rule .0210 of this Section shall stand and shall not be affected by failure to notify the District Engineer's office of the changes.

History

Authority G.S. 136-130
Eff. July 1, 1978
Amended Eff. August 1, 2000; November 1, 1993
Readopted Eff. January 1, 2021.

19A NCAC 02E .0210 Revocation of Outdoor Advertising Permit

The appropriate District Engineer's office shall revoke a permit for a lawful outdoor advertising structure based on any of the following:

(1) mistake of facts by the issuing District Engineer's office for which had the correct facts been known, he or she would not have issued the outdoor advertising permit;

(2) misrepresentations of any facts made by the permit holder and on which the District Engineer's office relied in approving the outdoor advertising permit application;

(3) misrepresentation of facts to any regulatory authority with jurisdiction over the sign by the permit holder, the permit applicant, or the owner of property on which the outdoor advertising structure is located;

(4) failure to pay annual renewal fees or provide the documentation requested under Rule .0207 of this Section;

(5) failure to construct the outdoor advertising structure, except all sign faces, within 180 days from the date of issuance of the outdoor advertising permit in accordance with Rule .0208 of this Section;

(6) a determination upon inspection of an outdoor advertising structure that it fails to comply with the Outdoor Advertising Control Act or the rules in this Section;

(7) any alteration of an outdoor advertising structure for which a permit has previously been issued which would cause that outdoor advertising structure to fail to comply with the provisions of the Outdoor Advertising Control Act or the rules of this Section;

(8) alterations to a sign not conforming to State standards other than reasonable repair and maintenance as defined in Rule .0225(c) of this Section. For purposes of this Rule, alterations include:

(a) enlarging a dimension of the sign facing or raising the height of the sign;

(b) changing the material of the sign structure's support;

(d) adding illumination;

(9) failure to affix the emblem as required by Rule .0208 of this Section or failure to maintain the emblem so that it is visible from the main-traveled way or controlled route;

(10) failure to affix the name of the person, firm, or corporation owning or maintaining the outdoor advertising sign to the sign structure in sufficient size to be visible as required by Rule .0208 of this Section;

(11) unlawful destruction or illegal cutting of trees, shrubs or other vegetation within the right-of-way of any State-owned or State-maintained highway as specified in G.S. 136-133.1(i);

(12) unlawful use of a controlled access facility for purposes of repairing, maintaining, or servicing an outdoor advertising sign where the unlawful violation was conducted actually or by design by the permit holder, the lessee or advertiser employing the sign, the owner of the property upon which the sign is located, or any of their employees, agents, or assigns, including independent contractors hired by any of the above and meets either of the following:

(a) involved the use of highway right of way for the purpose of repairing, servicing, or maintaining a sign including stopping, parking, or leaving any vehicle whether attended or unattended, on any part or portion of the right of way except as authorized by the Department of Transportation, including activities authorized by the Department for selective vegetation removal pursuant to G.S. 136-131.1, G.S. 136-131.2 and G.S. 136-133.4. Access from the highway main travel way shall be allowed only for surveying or delineation work in preparation for and in the processing of an application for a selective vegetation removal permit; or

(b) involved crossing the control of access fence to reach the sign structure, except as authorized by the Department, including those activities referenced in Sub-Item (a) of this Item;

(13) maintaining a blank sign for a period of 12 consecutive months;

(14) maintaining an abandoned, dilapidated, or discontinued sign;

(15) a sign that has been destroyed or significantly damaged as determined by Rule .0201(8) and (29) of this Section;

(16) moving or relocating a sign not conforming to State standards that changes the location of the sign;

(17) failure to erect, maintain, or alter an outdoor advertising sign structure in accordance with the North Carolina Outdoor Advertising Control Act, codified in G.S. 136, Article 11, or the rules of this Section; and

(18) failure to comply with all the requirements specified in a vegetation removal permit if such failure meets the standards of G.S. 136-133.1(i).

History

Authority G.S. 136-93; 136-130; 136-133; 136-133.1(i); 136-133.4(e)
Eff. July 1, 1978
Amended Eff. August 1, 2000; May 1, 1997; November 1, 1993; March 1, 1993; October 1, 1991; December 1, 1990
Temporary Amendment Eff. March 1, 2012
Amended Eff. November 1, 2012
Readopted Eff. January 1, 2021.

19A NCAC 02E .0211 Denial of Permit

History

Status: repealed
Authority G.S. 136-130
Eff. July 1, 1978
Amended Eff. August 1, 2000; November 1, 1993; December 1, 1990; June 15, 1981
Temporary Repeal Eff. March 1, 2012
Repealed Eff. November 1, 2012.

19A NCAC 02E .0212 Notice Given for Revoking Permit

(a) Prior to the revocation of an outdoor advertising permit, the District Engineer's office shall send the permit holder a notice of violation by certified mail of the alleged violation under Rule .0210 of this Section. The permit holder shall bring the sign into compliance, if permissible by these Rules, within 30 days of receipt of the notification, or provide information concerning the alleged violation to the District Engineer's office to be considered prior to the revocation. The District Engineer's office shall consider the information provided by the permit holder prior to any revocation of a permit.

(b) If the permit holder does not bring the sign into compliance after 30 days, if permissible by these Rules, and the District Engineer determines that a violation has occurred as set forth in Rule .0210 of this Section, he or she shall send the permit holder a notice of revocation by certified mail, return receipt requested. The notification shall include the following information:

(1) the factual and statutory or regulatory basis for the revocation;

(2) a copy of the rules of this Section; and

(3) a statement that is unlawful and a nuisance in accordance with G.S. 136-134.

(c) Upon receipt of the notice of revocation, the permit holder shall either remove or bring the outdoor advertising structure into compliance with the Outdoor Advertising Act and rules of this Section within 30 days. If the permit holder or site owner fails to do so, the Department shall remove the outdoor advertising structure at the expense of the permit holder.

(d) An outdoor advertising structure cannot be made to conform to the Outdoor Advertising Control Act or these Rules when the permit is revoked under 19A NCAC 02E .0210(2), (3), (11), or (12).

History

Authority G.S. 136-130; 136-134
Eff. July 1, 1978
Amended Eff. August 1, 2000; November 1, 1993; December 1, 1990; June 15, 1981
Readopted Eff. January 1, 2021.

19A NCAC 02E .0213 Appeal of Decision of District Engineer's Office to Sec. of Trans.

(a) Should any permit applicant, permit holder, or sign owner disagree with a decision of the appropriate District Engineer's office pertaining to the denial or revocation of a permit for outdoor advertising or the determination that an outdoor advertising structure is illegal, the permit applicant, permit holder, or sign owner may appeal to the Secretary of Transportation in accordance with this Rule.

(b) Within 30 days from the time of the receipt of the decision of the District Engineer's office, the permit applicant, permit holder, or sign owner shall submit a written appeal to the Secretary of Transportation setting forth the facts and arguments upon which the appeal is based. The appeal shall be sent to the Secretary by certified mail, return receipt requested, with a copy to the District Engineer's office.

(c) Upon receipt of the written appeal, the Secretary of Transportation shall review the written appeal and the District Engineer's office's decision, as well as any available documents, exhibits, or other evidence bearing on the appeal, and shall render the final agency decision, supported by findings of fact and conclusions of law. The final agency decision shall be served upon the appealing party by certified mail, return receipt requested, no later than 90 days after the Secretary receives the written appeal. A copy of the final agency decision shall also be mailed to the District Engineer's office.

(d) Judicial review of the final agency decision is governed by G.S. 136-134.1.

History

Authority G.S. 136-130; 136-133; 136-134
Eff. July 1, 1978
Amended Eff. August 1, 2000; November 1, 1993; November 1, 1991; June 15, 1981
Readopted Eff. January 1, 2021.

19A NCAC 02E .0214 Standards for Directional Signs

(a) For the purposes of this Section, the following directional signs shall be prohibited:

(1) signs that are erected or maintained upon trees or painted or drawn upon rocks or other natural features;

(2) signs that move or have any animated or moving parts;

(3) signs located in rest areas, parklands, or scenic areas.

(b) For the purposes of this Section, the following size requirements shall be permissible:

(1) No directional sign shall exceed the following limits:

(A) maximum area 150 square feet;

(B) maximum height 20 feet; and

(2) all dimensions include border and trim, but exclude supports.

(1) signs that contain, include, or are illuminated by any flashing, intermittent, or moving light or lights shall be prohibited;

(2) signs that are not shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of an interstate or primary highway or National Highway System (NHS) route or that are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or that otherwise interfere with the operation of a motor vehicle shall be prohibited; and

(3) no sign may be so illuminated as to interfere with the effectiveness of or obscure an official traffic sign, device, or signal.

(d) The spacing of signs shall be determined as follows:

(1) each location of a directional sign must be approved by the District Engineer's office;

(2) no directional sign may be located within 2,000 feet of an interchange, or intersection at grade along the interstate system or other controlled access highways (measured along the highway from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way);

(3) no directional sign may be located within 2,000 feet of a rest area, parkland, or scenic area;

(4) no two directional signs facing the same direction of travel shall be spaced less than one mile apart;

(5) No more than three directional signs pertaining to the same activity and facing the same direction of travel may be erected along a single route approaching the activity;

(6) directional signs located adjacent to the interstate system shall be within 75 air miles of the activity; and

(7) directional signs located adjacent to the primary system shall be within 50 air miles of the activity.

(e) The message on directional signs shall be limited to the identification of the attraction or activity and directional information useful to the traveler in locating the attraction, such as mileage, route number, or exit numbers.

(f) For directional signs for privately-owned activities, the activity shall meet both of the following criteria:

(1) privately-owned activities or attractions eligible for directional signing are limited to the following: natural phenomena, scenic attractions; historic, educational, cultural, scientific, and religious sites; and outdoor recreational areas: and

(2) privately-owned attractions or activities must be nationally or regionally known. For purposes of this Rule, the following meanings shall apply:

(A) national known means the attraction has drawn attention through various forms of media within the continental United States; and

(B) regionally known means the attraction is known in a specific region of the State such as the mountains, piedmont, or coastal region, through published articles or paid advertisements available to a regional audience.

History

Authority G.S. 136-129; 136-130
Eff. July 1, 1978
Amended Eff. August 1, 2000; November 1, 1993
Readopted Eff. January 1, 2021.

19a NCAC 02E .0215 Permits for Directional Signs

(a) A permit shall be required for the construction or maintenance of any directional sign permitted by Rule .0214 of this Section, except that no permit shall be required to erect or maintain directional signs to religious sites or for the construction and maintenance of official signs and notices, public utility signs, service club and religious notices, and public service signs, as defined by Rule .0201 (10)(a), (b), (c), and (18) of this Section.

(b) An application for a directional sign shall be made according to Rule .0206 of this Section with the exception the initial fee shall be forty dollars ($40.00) paid with each application for a permit.

(c) An annual renewal of each permit shall be made according to Rule .0207 of this Section with the exception the renewal fee shall be thirty dollars ($30.00) and shall be required to maintain such directional signs.

History

Authority G.S. 136-130; 136-133
Eff July 1, l978
Amended Eff. November 1, 1993; July 1, 1986, March 1, 1983, June 15, 1981
Temporary Amendment Eff. November 1, 1999
Amended Eff. August 1, 2000
Readopted Eff. January 1, 2021.

19A NCAC 02E .0216 SPECIFIC service SIGNING (Logo) PROGRAM

The Specific Service Signing Program, hereinafter "Program", provides eligible businesses with the opportunity to be listed on official signs within the right-of-way of fully controlled access highways. The Traffic Engineering and Safety Systems Branch is responsible for administering the program and receiving requests for information concerning the Program. Requests for information may be directed to the State Traffic Engineer, Division of Highways, Department of Transportation, 1561 Mail Service Center, Raleigh, NC 27699-1561. Division Engineers, for the division in which the interchange is located, are responsible for receiving and distributing applications and copies of policies and procedures, executing agreements and administering the agreements.

History

Authority G.S. 136-89.56; 136-137; 136-139; 143B-346; 143B-348; 143B-350(f); 23 C.F.R. 750, Subpart A; 23 U.S.C. 131(f)
Eff. April 1, 1982
Amended Eff. April 1, 1994; October 1, 1993; October 1, 1991
Temporary Amendment Eff. October 13, 2003
Amended Eff. January 1, 2004
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02E .0217 Specific Information Program Definitions

History

Status: repealed
Authority G.S. 136-89.56; 136-137; 136-139; 143B-346; 143B-348; 143B-350(f); 24 C.F.R. 750, Subpart A; 23 U.S.C. 131(f)
Eff. April 1, 1982
Amended Eff. August 1, 1998; September 1, 1984; April 1, 1994; October 1, 1993; October 1, 1991; April 1, 1986; November 1, 1985
Temporary Repeal Eff. October 13, 2003
Repealed Eff. January 1, 2004.

19A NCAC 02E .0218 Location of Panels

History

Status: repealed
Authority G.S. 136-89.56; 136-137; 136-139; 143B-346; 143B-348; 143B-350(f); 24 C.F.R. 750, Subpart A; 23 U.S.C. 131(f)
Eff. April 1, 1982
Amended Eff. August 1, 1998; September 1, 1984; April 1, 1994; October 1, 1993; October 1, 1991; April 1, 1986; November 1, 1985
Temporary Repeal Eff. October 13, 2003
Repealed Eff. January 1, 2004.

19A NCAC 02E .0219 Eligibility for Program

History

Status: expired
Authority G.S. 136-89.56; 136-137; 136-139; 143B-346; 143B-348; 143B-350(f); 23 C.F.R. 750, Subpart A; 23 U.S.C. 131(f)
Eff. April 1, 1982
Amended Eff. August 1, 1998; April 1, 1994; October 1, 1993; December 1, 1992; October 1, 1991; November 1, 1987
Temporary Amendment Eff. October 13, 2003
Amended Eff. October 1, 2014; January 1, 2004
Expired Eff. October 1, 2016 pursuant to G.S. 150B-21.3A.

19a NCAC 02E .0220 COMPOSITION OF business panels and logo SIGNS

History

Status: expired
Authority G.S. 136-89.56; 136-137; 136-139; 143B-346; 143B-348; 143B-350(f); 23 C.F.R. 750, Subpart A; 23 U.S.C. 131(f)
Eff. April 1, 1982
Amended Eff. August 1, 1998; April 1, 1994; October 1, 1993; December 1, 1992; October 1, 1991; November 1, 1987
Temporary Amendment Eff. October 13, 2003
Amended Eff. October 1, 2014; January 1, 2004
Expired Eff. October 1, 2016 pursuant to G.S. 150B-21.3A.

19A NCAC 02E .0221 Logo Program FEES

(a) All logo signs, to which individual Logo Signing Program business panels are attached, shall be constructed, owned, and maintained by the Department. The participating logo business shall pay an annual fee as set forth in this Rule.

(b) The annual fee for participation in the Logo program shall be three hundred dollars ($300.00) for each mainline, ramp, and trailblazer panel. Every participating business shall have a contract that automatically renews annually.

(c) The participating logo business shall provide a new or renovated business panel when necessary due to damages caused by acts of vandalism, accidents, or natural causes including natural deterioration. If the Department replaces a business panel on a logo sign or removes or masks a business panel because of seasonal operation, there shall be no additional charge to the business.

(d) The fee shall be paid by check or money order and shall be due in advance of the period of service covered by the fee. Failure to pay a fee when due shall be grounds for removal of the business panels and termination of the contract.

History

Authority G.S. 136-89.56; 136-137; 136-139; 143B-346; 143B-348; 23 C.F.R. 750, Subpart A; 23 U.S.C. 131(f)
Eff. April 1, 1982
Amended Eff. July 1, 2000; August 1, 1998; April 1, 1994; October 1, 1993; December 1, 1992; September 1, 1990
Temporary Amendment Eff. October 13, 2003
Amended Eff. February 1, 2004
Readopted Eff. August 1, 2019.

19A NCAC 02E .0222 Contracts with the Department

History

Status: repealed
Authority G.S. 136-89.56; 136-137; 136-139; 143B-346; 143B-348; 143B-350(f); 23 C.F.R. 750, Subpart A; 23 U.S.C. 131(f)
Eff. April 1, 1982
Amended Eff. July 1, 2000; August 1, 1998; December 1, 1994; October 1, 1993; October 1, 1992, September 1, 1990
Temporary Repeal Eff. October 13, 2003
Repealed Eff. January 1, 2004.

19A NCAC 02E .0223 Appeal of Decision of Division Engineer to Secretary

History

Status: expired
Authority G.S. 136-89.56; 136-137; 136-139; 143B-346; 143B-348; 143B-350(f)
23 C.F.R. 750, Subpart A; 23 U.S.C. 131(f)
Eff. April 1, 1982
Amended Eff. October 1, 1993
Expired Eff. October 1, 2016 pursuant to G.S. 150B-21.3A.

19A NCAC 02E .0224 Scenic Byways

(a) Outdoor advertising is prohibited adjacent to any highway designated as a scenic byway by the Board of Transportation after the date of the designation as scenic, regardless of the highway classification, except for outdoor advertising permitted in G.S. 136-129 (1), (2), (2a) or (3).

(b) All lawfully erected outdoor advertising signs adjacent to a Scenic Byway that is on a controlled route for outdoor advertising shall become signs not conforming to State standards and shall be subject to all applicable outdoor advertising regulations provided in this Section. Any sign erected on a controlled route adjacent to a Scenic Byway after the date of official designation shall be an illegal sign as defined in G.S. 136-128 and G.S. 136-134.

(c) Permits shall not be required for signs adjacent to scenic byways that were not on a controlled route for outdoor advertising. The department shall maintain an inventory of signs that were in existence at the time the route was designated a Scenic byway. Any sign erected after its designation as a Scenic Byway, except for outdoor advertising permitted in G.S. 136-129(1), (2), or (3), shall be an illegal sign as defined by G.S. 136-128 and G.S. 136-134.

(d) Outdoor advertising signs adjacent to Scenic Byways that are not required to obtain permits shall comply with the rules in this section.

History

Authority G.S. 136-129.2
Eff. August 1, 2000
Readopted Eff. January 1, 2021.

19a NCAC 02E .0225 Repair/Maintenance/Alteration of Signs

(a) Signs may not be serviced from or across the right of way of freeways or from or across controlled access barriers or fences of controlled routes.

(b) Conforming signs may be altered within the limits of the rules in this Section.

(1) A conforming sign that has been destroyed or significantly damaged may be reconstructed within the limits of the rules in this Section by notifying the district engineer in writing of any substantial changes that would affect the original dimensions of the initial permit application.

(2) Conforming sign structures may be reconstructed so long as the reconstruction does not conflict with any applicable state, federal or local rules, regulations or ordinances.

(c) Alteration to a nonconforming sign or sign conforming by virtue of the grandfather clause is prohibited. Reasonable repair and maintenance are permitted including changing the advertising message or copy. The following activities are considered to be reasonable repair and maintenance:

(1) Change of advertising message or copy on the sign face;

(2) Replacement of border and trim;

(3) Repair and replacement of a structural member, including a pole, stringer, or panel, with like material;

(4) Alterations of the dimensions of painted bulletins incidental to copy change; and

(5) Any net decrease in the outside dimensions of the advertising copy portion of the sign; but if the sign face or faces are reduced they may not thereafter be increased beyond the size of the sign on the date it became nonconforming.

(d) The addition of lighting or illumination to existing nonconforming signs or signs conforming by virtue of the grandfather clause is specifically prohibited as reasonable maintenance; however, such lighting may be permanently removed from such sign structure.

(e) A nonconforming sign or sign conforming by virtue of the grandfather clause may continue as long as it is not abandoned, destroyed, discontinued, or significantly damaged.

(f) When the combined damage to the face and support poles appears to be significant, as defined in 19A NCAC 02E .0201(29), the sign owner may request the Department to review the damaged sign, including salvageable sign components, prior to repairs being made. Should the sign owner perform repairs without notification to the Department, and the Department later determines the damage is greater than 50% of the combination of the sign face and support pole(s), the permit may be revoked. To determine the percent of damage to the sign structure, the only components to be used to calculate this value are the sign face and support pole(s). The percent damage shall be calculated by dividing the unsalvageable sign components by the original sign structure component quantities, using the following criteria:

(1) Outdoor Advertising on Wooden Poles: The percentage of damage attributable to poles shall be 50% and the percentage of damage attributable to sign face shall be 50%;

(2) Outdoor Advertising on Steel Poles or Beams: The percentage of damage attributable to poles shall be 80% and the percentage of damage attributable to sign face shall be 20%; and

(3) Outdoor Advertising on Monopoles: The percentage of damage attributable to poles shall be 80% and the percentage of damage attributable to sign face shall be 20%.

History

Authority G.S. 136-130; 136-89.58
Eff. August 1, 2000
Amended Eff. August 1, 2000.

19a NCAC 02E .0226 Order to Stop Work on Unpermitted Outdoor Advertising

History

Status: repealed
Authority G.S. 136-130; 136-133
Temporary Adoption Eff. November 16, 1999
Eff. August 1, 2000
Repealed Eff. January 1, 2021.

19A NCAC 02E .0301 Unzoned Industrial Area

(a) For purposes of this Section and the Junkyard Control Act, "Unzoned industrial area" means the land occupied by an industrial activity, including its building, parking lot, storage or processing, and that land located within 1,000 feet thereof that is:

(1) located on the same side of the highway as the principal part of the industrial activity;

(2) not used for residential or commercial purposes; and

(3) not zoned by State or local law, rule, or ordinance.

(b) For the purposes of this Section and the Junkyard Control Act, "Industrial activity" means an activity that the nearest zoning authority within the State permits in industrial zones or zones that are less restrictive. An activity is also industrial if the nearest zoning authority within the State has prohibited the activity but the activity is generally recognized as industrial by other zoning authorities within the State. None of the following shall be considered industrial activities:

(1) outdoor advertising structures;

(2) agricultural activities including ranching, farming, grazing, and such necessarily related activities as are generally carried on by a farmer on the farmer's own premises, including wayside fresh produce stands;

(3) forestry activities that include the growing of timber, thinning, felling, and logging of timber or pulpwood;

(4) transient or temporary activities;

(5) activities not visible from the traffic lanes of the main-traveled way;

(6) activities more than 1,000 feet from the nearest edge of the right of way;

(7) activities conducted in a building used as a residence;

(8) railroad tracts other than yards, minor sidings, and passenger depots; and

(9) junkyards, as defined in Section 136, Title 23, of the United States Code.

History

Authority G.S. 136-151; 23 U.S.C. 136
Eff. July 1, 1978
Amended Eff. December 1, 1993
Readopted Eff. June 1, 2019.

19A NCAC 02E .0302 Permits

History

Status: repealed
Authority G.S. 136-151; 136-149
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 02E .0303 Fees

(a) The application fee for the Application for Junkyard payment shall be fifteen dollars ($15.00).

(b) The Application for Junkyard Permit is available from the Division Engineer having jurisdiction in the county where the proposed or existing junkyard is located. The Application for Junkyard Permit allows an applicant to request a permit number for the establishment or continued maintenance of a junkyard in accordance with the provisions of the Junkyard Control Act, Article 12, Chapter 136 of the General Statutes of North Carolina (Junkyard Control Act). Applications for Junkyard Permits shall require the applicant to provide the following information:

(1) applicant's name and address;

(2) whether the junkyard is proposed or already existing;

(3) if already existing, the date the junkyard was established;

(4) the proposed or already existing location of the junkyard; and

(5) certification by the applicant that approval for the proposed or already existing junkyard operations have been obtained from the owner of the real property, or the property owner's authorized agent, on which the junkyard is located or proposed to be located.

(c) Permit numbers shall only be provided to an applicant upon payment of the application fee, and approval by the District Engineer that the junkyard is in compliance with the Junkyard Control Act. If the junkyard is proposed, meaning the Application for Junkyard Permit is to establish a junkyard, the Division Engineer will keep the application on file at the district office. Once the junkyard is in existence, the District Engineer shall approve the Application for Junkyard Permit if, upon inspection, the junkyard is found to conform to the provisions of the Junkyard Control Act.

(d) An annual renewal of each permit shall be required to maintain junkyards within 1,000 feet of the right-of-way of interstate and federal-aid primary highways. In December of each year, the Department will send to the permittee a renewal invoice for payment of the junkyard permit annual renewal fee. The renewal fee shall be five dollars ($5.00), due on December 15th of each year, and paid to the District Engineer having jurisdiction. The permit shall be renewed upon payment of the annual renewal fee.

History

Authority G.S. 136-149; 136-151
Eff. July 1, 1978
Amended Eff. December 1, 1993
Readopted Eff. June 1, 2019.

19A NCAC 02E .0401 Penalty Imposed for Violation of Ordinances

History

Status: repealed
Authority G.S. 136-18(5)
Eff. July 1, 1978
Repealed Eff. November 1, 1993.

19A NCAC 02E .0402 Piling Obstructions on Highways or Within Right of Way

It shall be unlawful to pile, place, or leave, any trash, refuse, garbage, lumber, logs, cordwood, tree-laps, scrapped automobile, scrapped truck or part thereof, or any other material upon any road, highway, or shoulders thereof, within the right-of-way, or over the ditches or drainways of any road or highway of the State highway system.

History

Authority G.S. 136-18(5); 136-90
Eff. July 1, 1978
Readopted Eff. July 1, 2019.

19A NCAC 02E .0403 Depositing Mud on State Highways

No person operating a vehicle with "dual wheels" or a vehicle equipped with four-wheel drive shall track mud onto any paved portion of any State highway so as to create a safety hazard to the traveling public.

History

Authority G.S. 136-18(5); 136-90
Eff. July 1, 1978
Amended Eff. November 1, 1993
Readopted Eff. July 1, 2019.

19A NCAC 02E .0404 Highway Obstructions Interfering with Traffic/Maintenance

(a) It shall be unlawful to place any highway obstruction, including, but not limited to, a driveway headwall, fence, rural mailbox, newspaper delivery box, or other roadside obstruction, so as to interfere with the traffic or maintenance of the roads and highways of the State highway system.

(b) If the Department determines that any highway obstruction, constitutes a roadside collision hazard, the highway obstruction shall be removed by the person or entity responsible for placing the obstruction within the right-of-way within 30 days of receipt of written notice from the Department. Only mailboxes or newspaper delivery boxes with 4" x 4" wooden or small diameter metal posts shall be permitted on road additions made to the State highway system after May 3, 1990. If determined to be a roadside collision hazard, the location of any brick column, mailboxes, or newspaper delivery boxes, on rigid stands such as block, stone, or any other type of material, shall be prohibited within the State highway system right-of-way.

(c) If a person fails to remove the highway obstruction in accordance with Paragraph (b) of this Rule, the Division Engineer may take action to remove the obstruction and bill the responsible party for the expense.

History

Authority G.S. 136-18(5); 136-90
Eff. July 1, 1978
Amended Eff. November 1, 1993; October 1, 1991
Readopted Eff. July 1, 2019.

19A NCAC 02E .0405 DAMAGE to state highway system SURFACE OR SHOULDER

It shall be unlawful to move on, over, or across the surface or shoulder of any State highway system bridge, road, or highway, any object, tractor, engine, farm equipment, or vehicle of any kind that has wheels or objects attached that could cut, mutilate, or damage the surface or shoulder of any State highway system bridge, road, or highway without the written permission of the Chief Engineer's office. The Chief Engineer or the Chief Engineer's designee shall consider factors such as the ability of the road or bridge to handle the equipment without damage, planned protection of the roadway or bridge to prevent damage, planned traffic control and law enforcement assistance to safely move the equipment, and day and time of the planned move to evaluate potential disruptions to the traveling public.

History

Authority G.S. 20-115; 20-119; 136-18(5)
Eff. July 1, 1978
Amended Eff. December 1, 2012
Readopted Eff. July 1, 2019.

19A NCAC 02E .0406 Vehicles Served by Service Station

History

Status: repealed
Authority G.S. 136-18(5); 136-90
Eff. July 1, 1978
Repealed Eff. July 1, 2019.

19A NCAC 02E .0407 Control and Regulation of Roadside Parks and Rest Areas

(a) It shall be unlawful, within any scenic service overlook, rest area, or other designated parking area on the primary and secondary roads and highways of the State, for any person, firm, or corporation to erect tents, booths, or structures of any kind for camping or any other activity; to create, cause, or allow any unreasonably loud or disturbing noise; to solicit contributions, names, support, or for any other purpose, except as permitted pursuant to Section .0800 of this Subchapter to conduct or participate in public or private auctions and other ceremonies; to distribute tracts, pamphlets, favors or any material, product or literature; to erect displays, signs, or carry on any commercial activity; to use public address such as loud speakers; to distribute or use alcoholic beverages; endanger the life, property, and welfare of the traveling public.

(b) For the purposes of this Rule, the following definitions apply.

(l) "Unreasonably loud noise" means a noise which is incompatible with the time and location where created to the extent that it creates an actual or imminent interference with peace, order, or calm of the area, or which is obnoxious to, or unreasonably disturbing to, a person whose residence, work, or commercial enterprise is within a reasonable proximity to the point, place, or person from whom the noise is emanating, or emanated, and the noise is of such a kind, nature, duration, or extent that a reasonable person would consider the noise to be unreasonably loud or disturbing.

(2) "Disturbing noise" means a noise which is perceived by a person of reasonable and ordinary firmness and sensibilities as interrupting the normal peace, order, and calm of such person, or persons, or tending to annoy, disturb, or frighten such persons in such proximity to the point, place, or person from whom the noise is emanating, or emanated.

History

Authority G.S. 136-18(9); 136-125
Eff. July 1, 1978
Amended Eff. October 1, 1991; August 1, 1986
Readopted Eff. July 1, 2019.

19A NCAC 02E .0408 Fishing from Bridges

It shall be unlawful to fish from any bridge on any interstate or other controlled access highway.

History

Authority G.S. 136-18(5); 136-89.50; 153A-242; 160A-302.1
Eff. July 1, 1978
Readopted Eff. July 1, 2019.

19A NCAC 02E .0409 Operating Nonmotorized Vehicles

Unless otherwise authorized by the Board of Transportation, it shall be unlawful for any person to ride any animal, or to operate a bicycle, horse drawn wagon, or any nonmotorized vehicle or moped on any interstate or controlled access highway.

History

Authority G.S. 136-18(5)
Eff. July 1, 1978
Amended Eff. June 15, 1981
Readopted Eff. July 1, 2019.

19A NCAC 02E .0410 Hitchhiking on Interstate or Controlled Access Highways

(a) It shall be unlawful for any person to hitchhike or to solicit rides, or for the driver of any vehicle to stop for the purpose of picking up one who is hitchhiking or soliciting a ride, on any interstate or controlled access highway.

(b) This Rule shall not shall prohibit an operator or passengers in a vehicle stopped on a controlled access facility by reason of any emergency, mechanical failure, or other failure of the vehicle to operate, from requesting aid or soliciting a ride, nor does it prohibit the operator of any other vehicle from stopping to render aid or assistance and giving rides in such situations.

History

Authority G.S. 136-18(5); 136-89.50
Eff. July 1, 1978
Readopted Eff. July 1, 2019.

19A NCAC 02E .0411 Jumping from Bridges

History

Status: repealed
Authority G.S. 136-18(5); 150B-21.3A
Eff. July 1, 1978
Repealed Eff. July 1, 2019.

19A NCAC 02E .0412 Aircraft Landing and Taking Off on Highways

(a) It shall be unlawful for aircraft to take-off or land on any road or highway of the State Highway System, unless authorized by the Chief Engineer, in writing. The Chief Engineer may authorize take-off or landing on any road or highway of the State Highway System based upon the following:

(1) a showing of good cause, which may include issues of national security, safety of the general public, or natural disasters; and

(2) arrangements have been made for law enforcement officials to redirect or administer Vehicular traffic on the highway during the landing or take-off.

(b) Nothing in this Rule shall prohibit an aircraft from landing on any roads or highways in an emergency situation if the landing is necessary to prevent injury or death to the occupants of the aircraft, provided that the emergency landing can be made without danger to persons and vehicles on or near the highway. After an emergency landing, take-off by the aircraft may be permitted under the direction of a law enforcement officer if it is determined by the law enforcement officer that the take-off will not endanger persons or vehicles on the highway and there are no other practical nor feasible means of removing the aircraft.

History

Authority G.S. 136-18(5)
Eff. July 1, 1978
Temporary Amendment Eff. March 15, 1982, for a Period of 47 Days to Expire on May 1, 1982
Temporary Amendment Expired Eff. May 1, 1982
Amended Eff. December 1, 2012; October 1, 1982
Readopted Eff. March 1, 2019.

19A NCAC 02E .0413 Parades on Highway System Roads

It shall be unlawful for any person, firm, organization, school, or other group of persons to conduct or participate in a parade on any street or highway of the State Highway System located outside the limits of a municipality.

History

Authority G.S. 136-18(5)
Eff. July 1, 1978
Readopted Eff. February 1, 2019.

19A NCAC 02E .0414 Parking Vehicle for Sale or Distribution of Goods

It shall be unlawful to sell any fruits, vegetables, goods, wares, or merchandise of any character from a vehicle, stand, or structure, or from any place on the right-of-way of any primary or secondary highway, or road of the State Highway System.

History

Authority G.S. 136-18(5)
Eff. July 1, 1978
Readopted Eff. February 1, 2019.

19A NCAC 02E .0415 ADVERTISING SIGNS WITHIN right-of-way

It shall be unlawful for any person, firm, or corporation to erect, place, or allow any advertising, or other sign, except regulation traffic and warning signs approved by the Department, on any highway or the right-of-way thereof, or so as to overhang the right-of-way, or to permit the erection or placing of any advertising or other sign, as herein prohibited, on any highway right-of-way which is situated over any land owned, rented, leased, or claimed by such person, firm, or corporation.

History

Authority G.S. 136-18(10); 136-30
Eff. July 1, 1978
Readopted Eff. February 1, 2019.

19A NCAC 02E .0416 Private Drives or Roads Intersecting Highways

(a) It shall be unlawful to intersect the State highways with any private driveway or roadway, unless approved by the Department of Transportation, and provided by the party responsible for the private driveway or roadway.

(b) It shall be unlawful to obstruct any drainage ditch within the right-of-way of any road or State highway.

History

Authority G.S. 136-18(10); 136-93
Eff. July 1, 1978
Readopted Eff. February 1, 2019.

19A NCAC 02E .0417 Commercial Entrances Intersecting with Right-of-Way

It shall be unlawful to revise or construct any commercial entrances to intersect with the right-of-way of any primary or secondary highway, or road of the State Highway System, unless a permit has first been obtained from the Department of Transportation, or its duly authorized officers and employees, in accordance with the rules contained in 19A NCAC 2B, Section .0600, titled "Driveway Entrances".

History

Authority G.S. 136-18(10); 136-93
Eff. July 1, 1978
Amended Eff. November 1, 1993; October 1, 1991
Readopted Eff. February 1, 2019.

19A NCAC 02E .0418 Fencing Within Right-of-Way

It shall be unlawful for any person to erect a fence, of any kind, within the right-of-way limits of any highway, except upon the written permission of the Chief Engineer's Office upon a showing that the change in fencing is beneficial to the public.

History

Authority G.S. 136-18(10); 136-93
Eff. July 1, 1978
Amended Eff. December 1, 2012
Readopted Eff. March 1, 2019.

19A NCAC 02E .0419 CULTIVATING CROPS AND MAINTAINING PASTURES WITHIN Right-of-way

It shall be unlawful for any person to plant, cultivate, or grow any crop, or to maintain any pasture or pasture grass, within the right-of-way limits of any highway, unless written permission from the Chief Engineer's Office has been obtained upon a showing that the change in cultivating, growing or maintenance of crops is beneficial to the public.

History

Authority G.S. 136-18(10); 136-93; 143B-350(f)
Eff. July 1, 1978
Amended Eff. December 1, 2012
Readopted Eff. March 1, 2019.

19A NCAC 02E .0420 Construction Within Right-of-Way

(a) Unless authorized in writing by the Chief Engineer's Office upon a showing that the change in construction within the right-of-way is beneficial to the public, it shall be unlawful for any person or firm to construct, place, or erect any of the following, or any combination thereof, over any road, highway, or right-of-way of the State Highway System:

(1) power, broadband, telephone, or other poles;

(2) signboards or fences;

(3) water, gas, oil, petroleum products, steam chemicals, sewage, drainage, irrigation, or other pipelines; or

(4) wires, cables, or other obstructions.

(b) Rules for the preparation and submission of applications for utility encroachments shall be found at 19A NCAC 02B .0500.

History

Authority G.S. 136-18(10); 136-93
Eff. July 1, 1978
Amended Eff. December 1, 2012
Readopted Eff. March 1, 2019.

19A NCAC 02E .0421 Utility Wires or Cables Over Highways

(a) For purposes of this Rule, the American National Standards Institute's National Electrical Safety Code (ANSI Code) is incorporated by reference and includes any subsequent amendments and editions. The ANSI Code may be obtained from the Institute of Electrical and Electronics Engineers, Inc., 445 Hoes Lane, P.O. Box 1331, Piscataway, New Jersey 08855-1331, telephone number 1-800-678-IEEE, website https://webstore.ansi.org, at a cost of forty-three dollars and fifty cents ($43.50).

(b) It shall be unlawful to construct any power, telephone, television, telegraph, or any other utility wires or cables over highways or roads on the State Highway System unless such wires have the minimum vertical clearance above the highest elevation of the road or highway crossed by them as set forth in the ANSI Code for the installation and maintenance of electric supply and communication lines, except as set forth in Paragraph (c) of this Rule.

(c) A minimum vertical clearance of 18 feet shall be maintained for overhead power and communication lines crossing all highways. The lateral and vertical clearance from bridges shall conform with the ANSI Code; however, greater clearances at bridges may be required by the Department of Transportation to provide for bridge construction and maintenance. Parallel utility lines occupying highway right-of-way shall maintain a minimum vertical clearance as required in the National Electrical Safety Code.

History

Authority G.S. 136-18(10); 136-89.50; 136-93
Eff. July 1, 1978
Amended Eff. November 1, 1993; November 1, 1991
Readopted Eff. March 1, 2019.

19A NCAC 02E .0422 Use of Runaway Truck Ramps

It shall be unlawful for any operator of a motor vehicle, non-motorized vehicle, moped, bicycle, or any pedestrian or any person having custody or control of any animal or animal powered vehicle to park on, stand upon, obstruct, or otherwise use any runaway truck ramp, as designated by signs, except to bring an out-of-control vehicle to a halt.

History

Authority G.S. 136-18(5)
Eff. August 10, 1981
Readopted Eff. February 1, 2019.

19A NCAC 02E .0423 Regulation of Airport Construction

(a) Except as otherwise provided by this Rule, all construction or alteration of airports or aircraft landing areas on any part of land adjoining any public highway or in close proximity, shall be in conformity with the Federal Air Regulations, Title 14, Chapter I, Part 77, Subpart C, Code of Federal Regulations, which is incorporated by reference including any subsequent editions or amendments. Copies of these regulations are available at no cost to the public by visiting https://www.govinfo.gov. Close proximity, as referenced in this Paragraph, shall be assessed on a case-by-case basis according to the orientation of the landing area, and its respective alignment to the public highway.

(b) No construction or alteration as referenced in Paragraph (a) of this Rule shall be undertaken without having first obtained an Aircraft Landing Area Permit from the Department. An Aircraft Landing Area Permit shall be approved upon confirmation of satisfaction, by written documentation, of the clearance requirements detailed in Paragraph (a), all applicable requirements by the county or municipality, and Federal regulations. All construction or alteration shall be in accordance with the Aircraft Landing Area Permit. Except for highways on the Federal-aid highway system, the Board of Transportation shall authorize a permit at variance with the foregoing Federal Aviation Administration standards if it determines that the construction or alteration of the aircraft landing area will not result in a public road being a hazard to air navigation. The Department's determination of whether a public road is a hazard to air navigation shall be dependent on the type of aircraft, orientation of the landing area, and its respective alignment to the public highway, traffic, and utilities.

(c) Applicants seeking an Aircraft Landing Area Permit shall provide the Department with all plans, designs, estimates, and supporting data at the time the application is made. The estimates and data required may include, topographical surveys of the airport or aircraft landing area site and surrounding areas, including the proposed construction or alteration, with particular references to highways in the vicinity; hydrographic surveys, with particular reference to the effect that the proposed construction or alteration will have upon drainage patterns; and area maps, airport traffic patterns, and approach surfaces.

(d) This Rule shall not apply to publicly owned and operated airports and aircraft landing areas receiving Federal funds and subject to regulation by the Federal Aviation Administration, nor shall this Rule be construed to prohibit necessary repairs from being made to or on any airport facilities regardless of their present location.

History

Authority G.S. 136-18(22)
Eff. November 1, 1985
Amended Eff. November 1, 1993
Readopted Eff. July 1, 2019.

19A NCAC 02E .0424 Twin Trailers Access Routes

History

Status: repealed
Authority G.S. 20-115.1; Board of Transportation minutes on November 18, 1989
Eff. September 1, 1990
Repealed Eff. November 1, 1991.

19A NCAC 02E .0425 Access Routes/Semi-Trailer Trucks with 48/53 Foot Trailers

History

Status: repealed
Authority G.S. 20-115.1; 20-116
Eff. October 1, 1991
Repealed Eff. November 1, 1991.

19A NCAC 02E .0426 Access Routes for Staa Dimensioned Vehicles

The definitions and requirements set forth in this Rule shall apply to access routes for Surface Transportation Assistance Act (STAA) dimensioned vehicles.

(1) Definitions.

(a) "Twin trailer truck" means a vehicle combination consisting of a truck-tractor and two trailing units, with a width not to exceed 102 inches, as authorized by G.S. 20-115.1.

(b) "The National Truck Network" means a network of interstate, federal-aid primary, and other highway routes within the State that have been designated by the Department for motor vehicle combination use pursuant to G.S. 20-115.1(g) or the United States Secretary of Transportation for STAA dimensioned vehicle use. State highway system roads designated by the Department pursuant to G.S. 20-115.1(g) shall herein be referred to as the "North Carolina Truck Network."

(i) freight either originates, terminates, or is handled in the transportation process; or

(ii) commercial motor carriers maintain operating facilities.

(d) "Vehicle Template" means a drawing of the radius of a twin trailer turn used to determine the route design necessary to accommodate the vehicle.

(e) "Short-cut" means a route used for the purpose of connecting two National or North Carolina Truck Network routes.

(2) Reasonable Access Requirements.

(a) No filing or authorization by the Department shall be required for access to terminals and service facilities located within three road miles of the National or North Carolina Truck Network.

(b) The following requirements shall apply for access to terminals located beyond three road miles from the National or North Carolina Truck Network.

(i) Access routes approved prior to June 1, 1991, for any one particular type of STAA dimensioned vehicle are approved for all STAA dimensioned vehicles for access purposes only.

(ii) Terminal officials and truck operators shall submit an application for a proposed new access route to the State Traffic Engineer of the Department for approval. The application shall be provided by the State Traffic Engineer. The contents of the application shall include the type of route designation requested, and name and contact information of the requesting party. The submittal shall also include a map, or photocopy of a portion of a map, showing the proposed access route(s) or changes to an existing approved access route(s) and the terminal location. The State Traffic Engineer may be reached at 919-814-5100 or 750 N. Greenfield Parkway, Garner, North Carolina 27529.

(iii) The State Traffic Engineer may seek advice from the State Highway Patrol, the Division of Motor Vehicles, or other law enforcement officials concerning the application.

(iv) Public notice of all applications for "reasonable access" pursuant to Sub-Item (2)(c) of this Rule shall be published by the Department of Transportation in a newspaper circulated in the area of the State where access is requested. The notice shall be published at least once a week on the same day of the week for two consecutive weeks. Governing bodies of incorporated municipalities shall be notified by the Department of all applications within their jurisdictions.

(v) The State Traffic Engineer shall approve or deny all applications for proposed new accessed routes based upon the application of vehicle templates, roadway plans, and photographs. If plans or photographs are not available or the use of vehicle templates is not practical, the terminal official or truck operator shall provide a STAA dimensioned test vehicle and driver for the purpose of observing the text vehicle traverse the requested access route.

(vi) Safety factors that shall be taken into consideration when reviewing and evaluating requested access route shall include, traffic congestion, traffic volume, route length, vehicle mix, geometric design of the highway, intersection geometrics, width of the shoulders, width of the pavement, super-elevation of the pavement, pavement conditions, at-grade railroad crossings, stopping sight distance, percentage passing sight distance, speed limits, vertical and horizontal alignments, ability of other vehicles to pass trucks, width of bridges, previous accident statistics, and location of schools.

(vii) Short-cut routes shall not be authorized by this Rule. Such a route shall be considered for designation as an addition to the National or North Carolina Truck Network by the Department pursuant to G.S. 20-115.1(g).

(viii) The State Traffic Engineer shall approve or reject any application submitted pursuant to this Sub-item within 90 days of receipt. The State Traffic Engineer shall provide notification and justification for any approval or rejection to the applicant and law enforcement officials. Automatic approval of a requested access route shall be provided if such notification is not received within the 90-day period.

(c) The Department shall notify State and local law enforcement officers of an approved "reasonable access" route that serves each terminal within the jurisdiction of the enforcement agency. The State Traffic Engineer shall also make available to terminal officials and commercial motor vehicle operators information regarding reasonable access to and from the National or North Carolina Truck Network.

(d) The Department may, at any time subsequent to approval, revoke any routes designated as a "reasonable access" route based on safety considerations. Terminal officials, truck operators, and law enforcement officials shall be notified in writing 30 days prior to any revocation.

(e) Any STAA dimensioned vehicle traveling an access route shall have on board an cargo manifest.

(f) A terminal official, truck operator, or an state and local law enforcement officer may appeal the rulings concerning an access route made by the State Traffic Engineer to the Secretary of Transportation. In giving notice of appeal, the documentation to support reasons for believing that the determination of the State Traffic Engineer was erroneous shall be provided. The decision of the Secretary of Transportation shall be the final agency decision.

History

Authority G.S. 20-115.1; 136-18; 143B-350
Board of Transportation Minutes for November 18, 1988
Eff. November 1, 1991
Amended Eff. November 1, 1993
Readopted Eff. July 1, 2019.

19A NCAC 02E .0427 Multi-use PATHS

(a) Authorization for a municipality to construct and maintain multi-use paths on State highway system rights-of-way shall be provided through an encroachment agreement between the municipality and Department. The encroachment agreement shall specify the conditions of approval.

(b) The municipality shall submit multi-use path plans with a standardized encroachment agreement to the local highway Division Engineer for review and approval. Encroachment agreements shall include provisions indicating that the municipality is responsible for the following:

(1) design, construction, signage, and maintenance of the proposed multi-use paths;

(2) submitting design and construction plans to the local highway Division Engineer for review and approval prior to bidding for construction; and

(3) relocating the proposed multi-use trail if the highway right-of-way is required for the purpose of road widening by the Department.

(c) A proposed encroachment agreement shall be approved by the Division Engineer upon a determination that the proposed multi-use path is safe and does not conflict with planned highway improvements that have been recommended in an adopted transportation plan.

(d) If a proposed multi-use path utilizes State highway system rights-of-way acquired through the use of federal aid highway funds, then approval shall be obtained from the Federal Highway Administration.

History

Authority G.S. 136-71.9; 136-71.10
Eff. July 1, 1978
Amended Eff. October 1, 1993
Transferred and Recodified from 19A NCAC 2B .0161 Eff. October 1, 1993.
Readopted Eff. July 1, 2019.

19A NCAC 02E .0501 Work for Other Governmental Agencies

History

Status: repealed
Authority G.S. 136-18(23); 136-27; 136-34; 136-41.3; 136-66.1; 143-64.22
143-130; 143-134; 143D-24; 153A-291; 160A-274
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 02E .0502 Agreement for Work

History

Status: repealed
Authority G.S. 136-18(23); 136-27; 136-34; 136-41.3; 136-66.1; 143-64.22
143-130; 143-134; 143D-24; 153A-291; 160A-274
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 02E .0601 SELeCTIVE VEGETATION REMOVAL PERMIT REQUIRED TO REMOVE VEGETATION FROM STATE HIGHWAY RIGHT-OF-WAY

Selective cutting, thinning, pruning, or removal of vegetation within highway rights-of-way may be permitted only for opening views to business facilities and legally erected forms of outdoor advertising that are located adjacent to State highway rights-of-way, as described in G.S. 136-93(b). For purposes of selective vegetation removal permitting, "business facilities," hereinafter referred to as "facilities," are defined as office, institutional, commercial, and industrial buildings. In accordance with G.S. 136-93.3, agritourism activities, as defined in G.S. 99E-30, are considered facilities under this Section. The following requirements apply to facilities under this Section:

(1) all facilities, except for agritourism activities, shall include at least one permanent structural building;

(2) the building shall have all required local and State permits, be related to the facility's function, and be open and operational on a year-round basis; and

(3) any cutting, thinning, pruning, or removal of vegetation allowed pursuant to G.S. 136-93(b) shall be performed by the permittee or his or her agent at no cost to the Department of Transportation and shall comply with this Section.

History

Authority G.S. 136-18(5); 136-18(7); 136-18(9); 136-93(b); 136-93.3
Temporary Rule Eff. April 13, 1982 for a Period of 48 Days to Expire on June 1, 1982
Eff. June 1, 1982
Amended Eff. January 1, 2015; November 1, 2012; June 2, 1982
Readopted Eff. June 1, 2020.

19A NCAC 02E .0602 REQUESTS FOR SELeCTIVE VEGETATION REMOVAL PERMITS For A Facility

(a) Applications for selective vegetation cutting, thinning, pruning, or removal (exclusive of grasses) at a facility shall be made by the owner of the facility and sent to the Division Engineer of the North Carolina Department of Transportation (NCDOT), Division of Highways. Applications shall be submitted in both printed and electronic form. Application submittal information for each county is found on the NCDOT Selective Vegetation Removal website https://connect.ncdot.gov/resources/roadside/Pages/Selective-Vegetation-Removal-Permits.aspx. Applications for selective vegetation removal permits shall include the following information:

(1) the applicant contact information;

(2) the name and location of the facility;

(3) the indication of request for either a business facility or agritourism activity;

(4) a municipal review indication, if applicable;

(5) the requested use of and site access for power-driven equipment in accordance with Rule .0604(21) of this Section;

(6) a performance bond or certified check or cashier's check pursuant to G.S. 136-93;

(7) if using a contractor for vegetation removal work, identify the contractor and his or her qualifications if the contractor is not listed on the Department's website directory of qualified transportation firms;

(8) a payment of non-refundable two hundred dollar ($200.00) permit fee, pursuant to G.S. 136-18.7;

(9) a certificate of liability, and proof of worker's compensation and vehicle liability insurance coverage;

(10) a geographic information system document and property tax identification number to verify location of the facility in relation to municipal limits;

(11) a verification of on-site marking and tree-tagging requirements;

(12) a sketch, or amended sketch of the requested cut zone and information about trees to be cut, thinned, pruned, or removed in accordance with Rule .0604(10) of this Section;

(13) if applicable, certification that the applicant has permission from the adjoining landowner(s) to access their private property for the purpose of conducting selective vegetation removal permit activities;

(14) a certification that the facility qualifies as an agritourism activity as required by G.S. 136-93.3; and

(15) the applicant's notarized signature.

(b) Selective vegetation cutting, thinning, pruning, or removal for opening views to facilities shall be permitted only for the permittee's facilities adjacent to highway right-of-way at locations where the facilities have been constructed or where agritourism activities are carried out as set forth in G.S. 136-93.3 and Rule .0601 of this Section. Complete removal of all trees and other vegetation shall not be permitted. Dogwood trees and redbud trees shall be preserved. Other trees shall be preserved if they are not screening the facility from view, and when measured at six inches above the ground, equal four or more caliper inches in diameter. Trees, shrubs, and other vegetation less than four caliper inches in diameter may be removed. Trees, shrubs, and other vegetation that are four or more caliper inches in diameter, as measured at six inches above the ground, and not to be preserved, may be cut, thinned, pruned, or removed if approved by the Division Engineer having jurisdiction or that Division Engineer's designee. All vegetation cutting, thinning, pruning, or removal shall be in accordance with the current edition of the American National Standard for Arboricultural Operations-Safety Requirements ANSI Z133 that is hereby incorporated by reference, including subsequent amendments and editions. Copies of the Standard may be obtained from the International Society of Arboriculture (ISA) for a twenty dollars ($20.00) cost. The ISA may be contacted at 270 Peachtree Street NW, Suite 1900, Atlanta, GA 30303 or by accessing the website: http:/www.isa-arbor.com/store/product/122.

(c) Applications shall be accompanied by a sketch showing the requested limits of the selective cutting, thinning, pruning, or removal of vegetation. For facilities, the limits of selective cutting, thinning, pruning, or removal shall be restricted to one area of right-of-way adjacent to frontage property of the facility, but not to exceed 1,000 contiguous linear feet. Facilities with frontage property on opposite sides of the State highway right-of-way may split the maximum vegetation removal distance between the two sides of the highway, resulting in a total of two contiguous cutting or removal distances along frontage property, with the total of the two sides not exceeding 1,000 linear feet. The permitted limits of the selective vegetation removal permit shall not be altered for subsequent applications. The applicant shall also include on the sketch the location, species, and caliper inches of all trees desired for cutting, thinning, pruning, or removal, that have a diameter of four or more caliper inches, as measured six inches above ground level, at the time of the application. .

(d) The selective vegetation removal request may be reviewed on site by Department personnel and a representative of the applicant.

(e) In accordance with G.S. 136-93(d), if the application for vegetation cutting is for a site located within the corporate limits of a municipality and the municipality has previously advised the Division Engineer in writing of its desire to review such applications, the applicant shall deliver the application to the municipality at least 30 days prior to submitting the application to the Department, so the municipality may be given the opportunity to review the application. Information regarding whether a municipality desires to review vegetation removal applications may be found on the Department's Selective Vegetation Removal website or by contacting the Division Engineer's office.

History

Authority G.S. 136-18(5); 136-18(7); 136-18(9); 136-18.7; 136-93; 136-93.3
Temporary Rule Eff. April 13, 1982 for a Period of 48 Days to Expire on June 1, 1982
Eff. June 1, 1982
Amended Eff. November 16, 1991; December 1, 1990; August 1, 1985; June 2, 1982
Temporary Amendment Eff. November 16, 1999
Amended Eff. August 1, 2000
Temporary Amendment Eff. March 1, 2012
Amended Eff. January 1, 2015; November 1, 2012
Readopted Eff. June 1, 2020.

19A NCAC 02E .0603 ISSUANCE OR DENIAL OF SELECTIVE VEGETATION REMOVAL PERMIT For a facility

(a) Pursuant to G.S. 136-133.2, within 30 days following receipt of the application for a selective vegetation removal permit for a facility, including the fee set out in G.S. 136-18.7, the Division Engineer shall approve or deny the application. The applicant, as part of the application, shall state in writing the date that he or she has delivered a copy of the application, with required attachments, to a municipality that has previously advised the North Carolina Department of Transportation (NCDOT) in writing that it seeks to provide comments regarding such applications. The applicant shall deliver the application to the municipality at least 30 days prior to submitting the application to the Department. The list of municipalities requesting to review applications shall be maintained and updated by the Department on the NCDOT Selective Vegetation Removal website https://connect.ncdot.gov/resources/roadside/Pages/Selective-Vegetation-Removal-Permits.aspx. If written notice of approval or denial is not given to the applicant within the 30-day Department review period, then the application shall be deemed approved. If the application is denied, the Division Engineer shall advise the applicant, in writing, of the reasons for denial.

(b) The application shall be denied by the Division Engineer if:

(1) the application is for the opening of view to a facility that does not meet the requirements of Rule .0601 of this Section;

(2) it is determined by Department personnel that the facility is not screened from view;

(3) the application is for the opening of view to undeveloped property or to a facility that, due to obstructions off the right-of-way, is screened from view from the travel way regardless of the presence or absence of trees and other vegetation on the highway right-of-way;

(4) it is determined by Department personnel that removal of vegetation shall diminish a planting installed for headlight screening and affect the safety of the traveling public;

(5) the application is solely for providing visibility to on-premise signs;

(6) the application is for the removal of vegetation planted in accordance with a local, State, or federal beautification project. However, this Subparagraph shall not apply if a mitigation replanting plan related to the site for which the vegetation permit request is made as set forth in Rule .0611 of this Section, except for the provisions in Paragraph (d) and Subparagraph (g)(11); and is agreed upon in writing by the applicant, the Department, and, if applicable, the Federal Highway Administration;

(7) on two previous occasions, the applicant failed to meet the requirements of a selective vegetation removal permit, unless the applicant engages a landscape contractor to perform the current work;

(8) the application is for removal of vegetation that will open views to junkyards;

(9) the applicant fails to complete the requirements of the application as set forth in Rule .0602 of this Section;

(10) any cutting, thinning, pruning, or removal of vegetation encompassing the entirety of the maximum vegetation cutting or removal zone is prohibited due to conditions affecting the right-of-way to which the State is subjected or agrees in writing to subject itself, including conservation agreements, or due to the application at any time of State or federal rules, regulations, or statutes, including any conditions mandated as part of the issuance of a permit to the Department for a construction project by a State or federal agency with jurisdiction over the project; or

(11) an unlawful destruction or illegal cutting of vegetation has occurred within the highway right-of-way to create, increase, or improve a view to the facility from the travel way including acceleration and deceleration ramps. The Department shall not issue a selective vegetation removal permit at the requested site for a period of five years that shall begin on the date the Department resolves the "unlawful destruction" or "illegal cutting" incident by settlement agreement with the responsible party, or the Department administratively closes the case. For the purposes of this Subparagraph, "unlawful destruction or illegal cutting" is defined as the destruction or cutting of trees, shrubs, or other vegetation on the State-owned or State-maintained rights-of-way by anyone other than the Department or its authorized agents, or without written permission of the Department.

History

Authority G.S. 99E-30; 136-18(5); 136-18(7); 136-18(9); 136-93; 136-93.3; 136-130
Temporary Rule Eff. April 13, 1982 for a Period of 48 Days to Expire on June 1, 1982
Eff. June 1, 1982
Amended Eff. August 1, 2000; November 1, 1991; December 1, 1990; August 1, 1985; June 2, 1982
Temporary Amendment Eff. March 1, 2012
Amended Eff. January 1, 2015; November 1, 2012
Readopted Eff. June 1, 2020.

19A NCAC 02E .0604 CONDITIONS OF selective vegetation removal Permit for facilities

The following apply to the conditions of selective vegetation removal permit for facilities:

(1) Selected vegetation, within the approved limits as set forth in Rule .0602(c) of this Section may be cut, thinned, pruned, or removed by the permittee in accordance with the standards set out in G.S. 136-133.4;

(2) The permittee shall furnish a Performance Bond, certified check, or cashier's check made payable to North Carolina Department of Transportation (NCDOT) for the sum of two thousand dollars ($2,000). The Performance Bond, certified check, or cashier's check shall cover all restoration of the right-of-way to the condition prior to the occurrence of the damage caused by the permittee or the permittee's agent, if damage occurs during the permitted selective vegetation removal. The Performance Bond, certified check, or cashier's check shall be paid with the application before each permit to cut vegetation is issued. The Performance Bond, certified check, or cashier's check shall run concurrently with the permit. The Performance Bond, certified check, or cashier's check shall be released after a final inspection of the work by the Department reveals that all work provided for and specified by the permit is found to be completed and, if damage is caused by the permittee or the permittee's agent, all damages to the right-of-way, including damage to fencing and other structures within the right-of-way, have been repaired or restored;

(3) Companies that plan to apply for two or more permits may provide continuing bonds for the sum of one hundred thousand dollars ($100,000) and that type of bond shall be kept on file by the Utilities Unit of the Department;

(4) If the work is to be performed by any entity other than the permittee, either the permittee or the other entity shall furnish the Performance Bond, certified check, or cashier's check, as described in this Rule, for all work provided for and specified by the permit. Required forms for all bonds are available upon request from the Department and may be found on the NCDOT Selective Vegetation Removal website: https://connect.ncdot.gov/resources/roadside/Pages/Selective-Vegetation-Removal-Permits.aspx. Bonds shall be furnished with the selective vegetation removal application form, and to the official assigned to receive selective vegetation removal applications at the local North Carolina Department of Transportation, Division of Highways Office;

(5) The permittee shall provide proof of liability insurance coverage of five million dollars ($5,000,000). Whoever performs the work, the permittee, his or her contractor, or agent, shall maintain workers' compensation and vehicle liability insurance coverage. The permittee, his or her contractor, and agent shall be liable for any losses due to the negligence or willful misconduct of his or her agents, assigns, and employees. The permittee, in lieu of providing proof of liability insurance as described in this Item, may be shown as an additional insured on the general liability policy of the approved contractor or agent to perform the permitted work if the contractor or agent's policy provides five million dollars ($5,000,000) in coverage, and the permittee provides the Department with proof of the coverage. The permittee, contractor, or agent providing the coverage shall also name the Department as an additional insured on its general liability policy, and provide the Department with a copy of the certificate showing the Department named as an additional insured. The required limit of insurance may be obtained by a single general liability policy, the combination of a general liability and excess liability, or an umbrella policy;

(6) The permittee shall provide a document verifying the requested selective vegetation removal site location in relationship to corporate limits of a municipality. The document shall be a current geographic information system map of the nearest municipality, with color-coded boundary lines, a corresponding key or legend indicating corporate limits and territorial jurisdiction boundaries, and indicating the precise location of the business facility. The permittee shall also provide the property tax identification number for the parcel where the facility is located. The Department may require additional information if the boundary or facility location remains in question;

(7) Access from the highway main travel way shall be allowed only for surveying or delineation work in preparation for and processing of an application for a selective vegetation removal permit;

(8) The permittee shall perform site marking of the maximum vegetation cut or removal zone. The applicant shall mark the permitted cutting distances according to Rule .0602(c) of this Section. The two maximum points along the right-of-way boundary (or fence if there is a control of access fence) shall be marked with visible flagging tape. The two maximum points, corresponding to the beginning point and the ending point along the edge of the pavement of the travel way, perpendicular to the maximum points marked along the right-of-way boundary, shall be marked with spray paint. If the facility is located next to an acceleration or deceleration ramp, the two corresponding maximum points shall be marked along the edge of the pavement of the travel way of the ramp instead of the mainline of the roadway;

(9) The permittee shall perform tagging of trees. The permittee shall tag with visible material or flagging any trees that screen the facility from view, have been requested to be cut, thinned, pruned, or removed within the maximum vegetation cut or removal zone, and have a diameter of four or more caliper inches, as measured at six inches above the ground and at the time of the application. Trees tagged for cutting, thinning, pruning, or removal shall match the trees shown on the required sketch of the requested vegetation cut or removal zone;

(10) The Department may disapprove the requested cutting, thinning, pruning, or removal of selected trees that do not screen the facility from view from the roadway, and have a diameter of four or more caliper inches, as measured at six inches above the ground, at the time of the application. The Department shall make this determination by allowing selective thinning of tree density that opens the view to the facility or agritourism activities across the entire length of the maximum cut or removal zone, without complete removal of all trees and other vegetation. The Department shall disapprove cutting, thinning, pruning, or removal of trees that may have been tagged in error. If trees are disapproved for cutting, thinning, pruning, or removal, the Department shall specify those trees to the applicant during the site review. The applicant shall remove the tree flagging for the disapproved trees and submit to the Department, by electronic means (including electronic mail or facsimile), an amended version of the original sketch of the site, indicating the changes on the sketch, initialing, and dating the changes thereon;

(11) If any cutting, thinning, pruning, or removal of vegetation from any portion of the entirety of the maximum vegetation cutting or removal zone is prohibited due to conservation easements, conditions, other restrictions affecting the right-of-way to which the State is subjected, written agreements, State or federal rules, regulations, statutes, or permits, the permittee shall comply with applicable easements, rules, regulations, statutes, or permits for those portions of vegetation:

(a) If applicable easements, rules, regulations, statutes, or permits allow certain degrees and methods of cutting, thinning, pruning, or removal for portions of vegetation, the permittee shall comply with applicable easements, State or federal rules, regulations, statutes, or permits, including equipment type specifications for those portions of vegetation; and

(b) Portions of the maximum cutting or removal zone not within an easement, nor applicable to rules, regulations, statutes, or permits regulating vegetation removal, and other activities shall be governed by standards set out in G.S. 136-93;

(12) The permittee shall adhere to erosion control requirements, pursuant to G.S. 113, Article 4; entitled:

(13) A Division of Highways Inspector may be present while work is underway. The presence or absence of a Division of Highways inspector at the work site does not lessen the permittee's responsibility for conformity with the requirements of the permit. If a present inspector fails to acknowledge or identify work that does not conform with the requirements, this failure shall not prevent later notification to the permittee that the work is noncompliant with the permit;

(14) A selective vegetation removal permit shall be secured for each applicable facility prior to performing any vegetation removal work. The permittee, its contractor, or agent shall have a copy of the selective vegetation removal permit on the work site at all times during any phase of selective vegetation cutting, thinning, trimming, pruning, removal, or planting operations;

(15) If the Division Engineer or his or her representative observes unsafe operations, activities, or conditions, the Engineer shall suspend work. Work shall not resume until the unsafe operations, activities, or conditions have been eliminated or corrected. Failure to comply with any of the federal and State laws, ordinances, rules, or regulations governing safety and traffic control shall result in suspension of work. The permittee shall adhere to safety requirements, pursuant to G.S. 95, Article 16. Traffic control shall be in accordance with G.S. 136-30 and 19A NCAC 02B .0208;

(16) The permittee, its contractor, or agent shall take measures to locate and protect utilities located within the highway right-of-way and within the work area of the selective vegetation removal zone. The permittee may be responsible for restoration of any losses or damages to utilities caused by any actions of the permittee, its contractors, or agents, and to the satisfaction of the utility owner;

(17) Permits are valid for a period of one year and the permittee may cut, thin, prune, or remove vegetation more than one time during the permit year. If the applicant applies for and is approved for another permit at the same site during an existing permit year, the previous permit shall become null and void at the same time the new permit is issued;

(18) The permittee shall provide to the Department a 48-hour notification before entering the right-of-way for any work covered by the conditions of the permit. The permittee shall schedule all work with the Department. The permittee shall notify the Department in advance of work scheduled for nights, weekends, and State holidays. The Department may modify the permittee's work schedule for nights, weekends, and State holidays. When the Department restricts construction in work zones for the safety of the traveling public, the Department shall deny access to the right-of-way for selective vegetation removal;

(19) If work is planned in an active work zone, the permittee shall receive written permission from the contractor or the Department, if the Department's employees are performing the work. The permittee shall provide the Division Engineer with a copy of the written permission;

(20) Sites with vegetation not presenting a hazard from falling tree parts and follow-up work shall be restricted to individual and manual-operated power equipment and hand-held tools;

(21) The Department may allow use of power-driven vegetation removal equipment (such as excavator-based land clearing attachments, skid-steer cutters, and bucket trucks) if the Department determines that the use of such equipment will not cause safety hazards, any erosion, or damage to the right-of-way, and may allow access from the private property side to the right-of-way. Tree removal that presents a hazard from falling tree parts shall be performed in accordance with the current edition and subsequent amendments and editions of the American National Standard for Arboricultural Operations-Safety Requirements ANSI Z133;

(22) The height of stumps remaining after tree removal shall not exceed four inches above the surrounding ground level. At the end of each workday, all vegetation that has been cut, thinned, or pruned at the site shall be removed or chipped and spread in accordance with G.S. 136-133.4; and

(23) Upon completion of all work, the Department shall notify the permittee in writing of acceptance, terminate the permit, and return the Performance Bond, certified check, or cashier's check to the permittee. For replanting work, a different bond release schedule shall be applicable according to Rule .0611 of this Section. The permittee may terminate the permit at any time and request that the Department return the Performance Bond, certified check, or cashier's check. The termination and request for return of the Performance Bond, certified check, or cashier's check shall be made in writing and sent to the Division Engineer.

History

Authority 136-18(5); 136-18(7); 136-18(9); 136-30; 136-93; 136-93.3; 136-133.4
Temporary Rule Eff. April 13, 1982 for a Period of 48 Days to Expire on June 1, 1982
Eff. June 1, 1982
Amended Eff. January 1, 2015; November 1, 2012; August 1, 2000; November 1, 1991; August 1, 1985; August 1, 1982; June 2, 1982
Readopted Eff. June 1, 2020.

19A NCAC 02E .0605 Appeal to the Chief Engineer

History

Status: repealed
Filed as a Temporary Rule Eff. April 13, 1982 for a Period of 48 Days to Expire on June 1, 1982
Authority G.S. 136-18(5); 136-18(7); 136-18(9)
Eff. June 1, 1982
Repealed Eff. June 2, 1982.

19A NCAC 02E .0606 Exceptions to the Policy

History

Status: repealed
Authority G.S. 136-18(5); 136-18(7); 136-18(9)
Eff. August 1, 1985
Repealed Eff. December 29, 1993.

19A NCAC 02E .0607 Temporary Moratorium

History

Status: repealed
Authority G.S. 136-18(5); 136-18(7); 136-18(9)
Eff. December 1, 1990
Repealed Eff. December 29, 1993.

19A NCAC 02E .0608 Requests for Selective Vegetation Removal Permits for Outdoor Advertising

(a) Applications for selective vegetation cutting, thinning, pruning, or removal (exclusive of grasses) shall be made by the owner of an outdoor advertising sign permitted under G.S. 136-129(4) or (5), to the Division Engineer of the North Carolina Department of Transportation (NCDOT), Division of Highways. Applications shall be submitted in both printed and electronic form. Application submittal information for each county is found on the NCDOT Selective Vegetation Removal website: https://connect.ncdot.gov/resources/roadside/Pages/Selective-Vegetation-Removal-Permits.aspx. For sites within the corporate limits of a municipality that has previously advised the Department in writing that it seeks to review such applications, the applicant shall deliver the application to the municipality at least 30 days prior to submitting the application to the Department. Applications for selective vegetation removal permits shall include the following information consistent with G.S. 136-133.1:

(1) the applicant contact information;

(2) the outdoor advertising permit tag number and location of the sign;

(3) if the sign is located on a ramp, the application shall indicate whether cut zone is modified or normal;

(4) if an application is eligible for municipal review, and as a prerequisite to municipal review submittal, the application shall indicate the year the sign was erected. Upon request, the Department shall furnish the year of sign erection to the applicant. The Department may require additional proof if the year of the sign erection remains in question;

(5) an indication of appropriate maximum cutting distance;

(6) the applicant's desire to remove existing trees, if present. If existing trees are to be removed, such trees require compensation by either monetary reimbursement, removal of two nonconforming outdoor advertising signs, or a beautification and replanting plan as set out in Rule .0611 of this Section, and by submitting the Existing Tree Compensation Agreement form found on the NCDOT Selective Vegetation Removal website;

(7) the site plan, if existing trees are to be cut, thinned, pruned, or removed;

(8) if existing trees are to be cut, thinned, pruned, or removed, the additional required form includes applicant contact information, permit tag number, sign location, the number, caliper inches, and monetary value of existing trees to be cut, thinned, pruned, or removed, as determined by G.S. 136-93.2, and indication of compensatory choice;

(9) the additional form for existing tree removal, based on the compensatory choice made, also requires submittal of either a payment check in the amount of the tree loss monetary value, indication of the two nonconforming outdoor advertising signs to be surrendered, or agreement to submit a beautification replanting plan to the Department. Compliance with the compensatory choice shall be required before the selective vegetation removal permit can be approved;

(10) a municipal review indication, if applicable;

(11) the requested use of and site access for power-driven equipment in accordance with Rule .0610(23) of this Section;

(12) the performance bond or certified check or cashier's check pursuant to G.S. 136-93;

(13) if using a contractor for vegetation removal work, identify the contractor and his or her qualifications if the contractor is not listed on the Department's website directory of qualified transportation firms;

(14) a payment of the non-refundable two hundred dollar ($200.00) permit fee, pursuant to G.S. 136-18.7;

(15) the certificate of liability, proof of workers' compensation, and vehicle liability insurance coverage;

(16) the geographic information system document, property tax identification number to verify location of sign in relation to municipal limits, and territorial jurisdiction boundary;

(17) a verification of on-site marking and tree-tagging requirements;

(18) if the cutting request is for a modified cut zone along a highway ramp, a diagram of the cut zone is required unless the diagram is included on a site plan, and calculations are required comparing the modified cut zone to the normal cut zone;

(19) if the Department disputes the site plan, the Department may request additional information pursuant to G.S. 136-133.1(c);

(20) if applicable, certification that the applicant has permission from the adjoining landowner(s) to access their private property for the purpose of conducting selective vegetation removal permit activities; and

(21) the applicant's notarized signature.

(b) The selective vegetation removal request may be reviewed on site by Department personnel and a representative of the applicant.

History

Authority G.S. 136-18(5); 136-18(7); 136-18(9); 136-18.7; 136-93; 136-130; 136-133.1; 136-133.2
Temporary Adoption Eff. March 1, 2012
Eff. November 1, 2012
Amended Eff. January 1, 2015
Readopted Eff. June 1, 2020.

19A NCAC 02E .0609 Issuance or Denial of Selective Vegetation Removal Permit for Outdoor Advertising

(a) Pursuant to G.S. 136-133.2, within 30 days following receipt of the application for a selective vegetation removal permit for outdoor advertising, including the fee set out in G.S. 136-18.7, the Division Engineer shall approve or deny the application.

(b) The application shall be denied by the Division Engineer if:

(1) the application is for an outdoor advertising location where the outdoor advertising permit is less than two years old pursuant to G.S. 136-133.2;

(2) the application is for the opening of a view to a sign that has been declared illegal pursuant to G.S. 136-134, whose permit has been revoked, or is currently involved in litigation with the Department;

(3) it is determined by Department personnel that removal of vegetation shall diminish a planting installed for headlight screening and affect the safety of the traveling public;

(4) the application is for the removal of vegetation planted in accordance with a local, State, or federal beautification project prior to September 1, 2011 or prior to the issuance of an outdoor advertising permit for the erection of the applicable outdoor advertising structure, whichever date is later, unless a mitigating replanting plan related to the site for which the vegetation permit request is made, as set forth in Rule .0611 of this Section, except for the provisions in Paragraph (d) and Subparagraph (g)(11); and is agreed upon in writing by the applicant, the Department, and, if applicable, the Federal Highway Administration;

(5) on two previous occasions, the applicant failed to meet the requirements of a selective vegetation removal permit, unless the applicant engages a landscape contractor to perform the current work;

(6) the application is for removal of vegetation that will open views to junkyards;

(7) the requested site is subject to a five-year moratorium for willful failure to substantially comply with all requirements specified in a prior selective vegetation removal permit pursuant to G.S. 136-133.4(e);

(8) the applicant fails to complete the requirements of the application as set forth in Rule .0608 of this Section;

(9) any cutting, thinning, pruning, or removal of vegetation encompassing the entirety of the maximum vegetation cutting or removal zone is prohibited due to conditions affecting the right-of-way to which the State is subjected or agrees in writing to subject itself, including conservation agreements, prior to September 1, 2011 or prior to the issuance of an outdoor advertising permit for the erection of the applicable outdoor advertising structure, whichever date is later, or due to the application at any time of State statutes or rules or federal statutes or regulations, including any conditions mandated as part of the issuance of a permit to the Department for a construction project by a federal or State agency with jurisdiction over the construction project. The Department may mitigate within the right-of-way in the cut zone of a permitted outdoor advertising structure so long as trees and other plant materials for mitigation may not be of a projected mature height to decrease the visibility of a sign face, and such mitigation vegetation may not be cut or removed pursuant to a selective vegetation removal permit; or

(10) a modified vegetation removal zone application request along acceleration or deceleration ramps is not in accordance with G.S. 136-133.1(a1) or Rule .0612 of this Section.

History

Authority G.S. 136-18(5); 136-18(7); 136-18(9); 136-93; 136-130; 136-133.1(a1); 136-133.2; 136-133.3; 136-133.4; 136-134
Temporary Adoption Eff. March 1, 2012
Eff. February 1, 2013
Amended Eff. January 1, 2015
Readopted Eff. June 1, 2020.

19A NCAC 02E .0610 Conditions of Selective Vegetation Removal Permits for Outdoor Advertising

The following apply to the conditions of selective vegetation removal permits for outdoor advertising:

(1) Selected vegetation, as defined in G.S. 136-133.1(b), may be cut, thinned, pruned, or removed in accordance with the standards set out in G.S. 136-133.4;

(2) The permittee shall furnish a Performance Bond, certified check, or cashier's check made payable to North Carolina Department of Transportation (NCDOT) for the sum of two thousand dollars ($2,000). The Performance Bond, certified check, or cashier's check shall cover all restoration of the right-of-way to the condition prior to the occurrence of the damage caused by the permittee or the permittee's agent, if damage occurs during the permitted selective vegetation removal. The Performance Bond, certified check, or cashier's check shall be paid with the application before each permit to cut vegetation is issued. The Performance bond, certified check, or cashier's check shall run concurrently with the permit. The Performance Bond, certified check, or cashier's check shall be released after a final inspection of the work by the Department reveals that all work provided for and specified by the permit is found to be completed and, if damage is caused by the permittee or the permittee's agent, all damages to the right-of-way, including damage to fencing and other structures within the right-of-way, have been repaired or restored;

(4) If the work is to be performed by any entity other than the sign owner or permittee, either the permittee or the other entity shall furnish the Performance Bond, certified check, or cashier's check, as described in this Rule, for all work provided for and specified by the permit. Required forms for all bonds are available upon request from the Department, or on the NCDOT Selective Vegetation Removal website: https://connect.ncdot.gov/resources/roadside/Pages/Selective-Vegetation-Removal-Permits.aspx. Bonds shall be furnished with the selective vegetation removal application form to the official assigned to receive selective vegetation removal applications at the local North Carolina Department of Transportation, Division of Highways Office;

(5) The permittee shall provide proof of liability insurance coverage of five million dollars ($5,000,000). Whoever performs the work, the permittee, his or her contractor, or agent shall maintain workers' compensation and vehicle liability insurance coverage. The permittee, his or her contractor, and agent shall be liable for any losses due to the negligence or willful misconduct of his or her agents, assigns, or employees. The permittee, in lieu of providing proof of liability insurance as described in this Item, may be shown as an additional insured on the general liability policy of the approved contractor or agent to perform the permitted work if the contractor or agent's policy provides five million dollars ($5,000,000) in coverage, and the permittee provides the Department with proof of the coverage. The permittee, contractor, or agent providing the coverage shall also name the Department as an additional insured on its general liability policy, and provide the Department with a copy of the certificate showing the Department named as an additional insured. The required limit of insurance may be obtained by a single general liability policy, the combination of a general liability and excess liability, or an umbrella policy;

(6) The permittee shall provide a document verifying the requested selective vegetation removal site location in relationship to corporate limits of a municipality, pursuant to G.S. 136-133.1(a)(5). The document shall be a current geographic information system map of the nearest municipality, with color-coded boundary lines, a corresponding key or legend indicating corporate limits, territorial jurisdiction boundaries, and indicating the precise location of the outdoor advertising structure. The permittee shall provide the property tax identification number for the parcel where the outdoor advertising structure is located. The Department may require additional information if the boundary or sign location remains in question;

(7) The permittee shall perform site marking of the maximum vegetation cut or removal zone. The applicant shall mark the proper permitted cutting distances according to G.S. 136-133.1(a)(1) – (6). Points A & B along the right-of-way boundary (or fence if there is a control of access fence) shall be marked with visible flagging tape. Points C, D, and E along the edge of the pavement of the travel way shall be marked with spray paint, including the actual distances. If the sign is located at an acceleration or deceleration ramp, points C, D, and E shall be marked along the edge of the pavement of the travel way of the ramp instead of the mainline of the roadway;

(8) The permittee shall perform tagging of trees. The permittee shall tag with a visible material or flagging all trees, including existing trees and other trees that are, at the time of the selective vegetation removal application, greater than four inches in diameter as measured six inches from the ground and requested to be cut, thinned, pruned, or removed. The applicant shall tag the existing trees (the exact same existing trees as on the site plan) that are desired to be cut, thinned, pruned, or removed with visible material or contrasting colored flagging. The permittee shall denote on the site plan or application the colors of flagging used to mark each category of trees;

(9) If there are existing trees requested for removal, the permittee shall satisfy the following before any work may be performed:

(a) submit the reimbursement to the Department pursuant to G.S. 136-133.1(d) in a cashier's check or certified check;

(b) fully disassemble two non-conforming outdoor advertising signs, their supporting structures, and return the outdoor advertising permits tags to the Department pursuant to G.S. 136-133.1(d); or

(c) obtain Departmental approval for the replanting plan in accordance with G.S. 136-133.1(e) and Rule .0611 of this Section;

(10) Should the vegetation removal permit be approved and tree removal is scheduled, the sign owner shall cut all disputed tree stumps in a level, horizontal manner, uniformly across the stump, and at a four inch height, so that tree rings may be counted, by the applicant or the Department, to determine the age of the tree;

(11) After a tree is removed and the applicant or the Department discovers, based on the number of rings in the tree stump, an error in the tree survey report or site plan, the Department shall request an amendment to the tree survey report or site plan, a redetermination shall be made by the Department, pursuant to G.S. 136-133.1(d) and (e), and the applicant shall be subject to that redetermination;

(12) For purposes of this Rule, the portion of the cut or removal zone means that the cut or removal zone shall be less than the entirety of the cut or removal zone. Where any portion of the cut or vegetation removal zone is restricted for the following reasons in this Item, the permittee shall comply with applicable conditions, mitigation requirements, rules, statutes, or permit requirements related to cutting, thinning, pruning, or removal of vegetation within the right-of-way:

(a) the State is subjected to or agrees in writing to subject itself to conditions affecting the right-of-way, including conservation agreements, prior to September 1, 2011, or prior to the issuance of an outdoor advertising permit for the erection of the applicable outdoor advertising structure, whichever date is later;

(b) applicable State or federal statutes, rules, or regulations, including any conditions mandated as part of the issuance of a permit to the Department for a construction project by a federal or State agency with jurisdiction over the construction project prohibit vegetation removal;

(c) mitigation within the right-of-way in the cut zone of a permitted outdoor advertising structure prohibits vegetation removal; however, trees and other plant materials for mitigation may not be of a projected mature height to decrease the visibility of a sign face; or

(d) If the reasons set forth in Sub-items (12)(a), (b), and (c) of this Rule allow certain degrees and methods of cutting, thinning, pruning, or removal for portions of vegetation, the permittee shall comply with the conditions of this Item, including equipment type for those portions of the cutting or removal zone. Vegetation removal for portions of the maximum cutting or removal zone not affected by the reasons set forth in Sub-items (12)(a), (b) and (c) of this Rule shall be governed by standards set out in G.S. 136-93;

(13) The permittee shall adhere to erosion control requirements, pursuant to G.S. 113A, Article 4;

(14) A Division of Highways Inspector may be present while work is underway. The presence or absence of a Division of Highways inspector at the work site does not lessen the permittee's responsibility for conformity with the requirements of the permit. If a present inspector fails to acknowledge or identify work that does not conform with the requirements, this failure shall not prevent later notification to the permittee that the work is noncompliant with the permit;

(15) A selective vegetation removal permit shall be secured for each applicable outdoor advertising site prior to performing any vegetation removal work;

(16) If the Division Engineer or his or her representative observes unsafe operations, activities, or conditions, the Engineer shall suspend work. Work shall not resume until the unsafe operations, activities, or conditions have been eliminated or corrected. Failure to comply with any of the federal and State laws, ordinances, rules, and regulations governing safety and traffic control shall result in suspension of work. The permittee shall adhere to safety requirements, pursuant to G.S. 95, Article 16. Traffic control shall be in accordance with G.S. 136-30 and 19A NCAC 02B .0208;

(17) The applicant shall certify that he or she has permission from the adjoining landowner(s) to access the private property for the purpose of conducting activities related to the selective vegetation removal permit application;

(18) The permittee, its contractor, or agent shall have a copy of the selective vegetation removal permit on the work site at all times during any phase of selective vegetation cutting, thinning, trimming, pruning, removal, or planting operations;

(19) The permittee, its contractor, or agent shall take measures to locate and protect utilities within the highway right-of-way and within the work area of the selective vegetation removal zone. The permittee may be responsible for restoration of any losses or damages to utilities caused by any actions of the permittee, its contractors, or agents, and to the satisfaction of the utility owner;

(20) Permits are valid for a period of one year and the permittee may cut, thin, prune, or remove vegetation more than one time during the permit year. If the applicant applies for and is approved for another permit at the same site during an existing permit year, the previous permit shall become null and void at the same time the new permit is issued;

(21) The permittee shall provide to the Department a 48-hour notification before entering the right-of-way for any work covered by the conditions of the permit. The permittee shall schedule all work with the Department. The permittee shall notify the Department in advance of work scheduled for nights, weekends and State holidays. The Department may modify the permittee's work schedule for nights, weekends, and State holidays. When the Department restricts construction in work zones for the safety of the traveling public, the Department shall deny access to the right-of-way for selective vegetation removal;

(22) If work is planned in an active work zone, the permittee shall receive written permission from the contractor or the Department if the Department's employees are performing the work. The permittee shall provide the Division Engineer with a copy of the written permission;

(23) An applicant shall be allowed to use individual and manual-operated power equipment and hand held tools at any site during initial cutting or removal of vegetation or while maintaining a site during the duration of a selected vegetation removal permit. The Department may allow use of power-driven vegetation removal equipment (such as excavator-based land clearing attachments, skid-steer cutters, and bucket trucks) if the Department determines that the use of such equipment will not cause safety hazards, any erosion, or damage to the right-of-way, and may allow access from the private property side to the right-of-way. Tree removal that presents a hazard from falling tree parts shall be performed in accordance with the current edition of the American National Standard for Arboricultural Operations-Safety Requirements ANSI Z133;

(24) The height of stumps remaining after tree removal shall not exceed four inches above the surrounding ground level. At the end of each workday, the work site shall be left with all vegetation cut, thinned, or pruned at the site either removed or chipped and spread in accordance with G.S. 136-133.4; and

(25) Upon completion of all work, the Department shall notify the permittee in writing of acceptance, terminate the permit, and return the Performance Bond, certified check, or cashier's check to the permittee. For replanting work, a different bond release schedule shall be applicable according to Rule .0611 of this Section. The permittee may terminate the permit at any time and request that the Department return of the Performance Bond, certified check, or cashier's check. The termination and request for return of the Performance Bond, certified check, or cashier's check shall be made in writing and sent to the Division Engineer.

History

Authority G.S. 136-18(5); 136-18(7); 136-18(9); 136-93; 136-93.2; 136-127; 136-130; 136-133.1; 136-133.2; 136-133.3; 136-133.4
Temporary Adoption Eff. March 1, 2012
Eff. February 1, 2013
Amended Eff. January 1, 2015
Readopted Eff. June 1, 2020.

19A NCAC 02E .0611 BEAUTIFICATION AND REPLANTING REQUIREMENTS FOR SELECTIVE VEGETATION REMOVAL PERMITs

(a) Any site with a valid selective vegetation removal permit issued pursuant to G.S. 136-93(b) qualifies for a beautification and replanting plan as set forth in G.S. 136-133.1(e).

(b) For future selective vegetation removal applications at replanted sites, replanted materials may be removed only if partially blocking the view to a sign face. In this case, the Department shall require plant substitutions on a one-for-one basis. All requests for plant substitutions shall be approved by the Department and installed according to the rules in this Section.

(d) This Paragraph applies to all replanting plans except mitigating replanting plans as specified in Rules .0603(b)(6) and .0609(b)(4) of this Section. The caliper inches of existing trees to be removed, according to the applicant's site plan, shall equal the caliper inches to be replanted, by the applicant at the outdoor advertising site, and from which existing trees are requested to be removed. If the caliper inches of existing trees from the site plan exceed the density of the Department's replanting site design, the excess caliper inches of trees shall be delivered by the applicant to the Department according to the schedule described in Subparagraph (g)(6) of this Rule. If plant material other than trees is proposed, the Department may consider such substitution for the required caliper inches.

(e) For sites that qualify according to the replanting criteria described in this Rule, the Department shall consult with the applicant and any local government that has requested to review and provide comments on selective vegetation removal applications pursuant to G.S. 136-93(d), or has notified the Department of its desire to review and provide comments on beautification and replanting plans. The local government shall be given 15 days to review and provide comments on beautification and replanting plans. If the local government provides comments on a beautification and replanting plan, the Department shall take the comments into consideration. If the local government does not make a request for a review, the criteria stated in the rules in this Section shall be followed for replanting determination.

(f) In consideration of differences in outdoor advertising sign structure heights, business facilities, or agritourism activities, the Department shall maintain on file regionalized landscape design plans and plant lists as a guide for applicants. The applicant may submit one of the Department's plans or a proposed beautification and replanting plan prepared and sealed by a North Carolina licensed landscape architect. The Department's written approval shall be based upon the current edition of the American Standard for Nursery Stock ANSI Z60.1 for a minimum of a 1.5 caliper inch replanted tree, of the beautification, replanting, and maintenance plan shall allow the applicant to proceed with requested vegetation cutting, thinning, pruning, or removal at the site. If plant material other than trees is proposed, the Department may consider such substitution for the required caliper inches. The American Standard for Nursery Stock ANSI Z60.1, approved by the American National Standards Institute and published by the American Horticulture Association is hereby incorporated by reference, including subsequent amendments and editions. The document may be accessed at no cost at americanhort.org/page/standards. The mailing address for AmericanHort is 2130 Stella Ct, Columbus, OH 43215.

(g) The approved beautification and replanting plan becomes a part of the selective vegetation removal permit pursuant to G.S. 136-93(b) and 136-133.1(e). All permit requirements shall continue to apply until all replanting and establishment requirements are satisfied and accepted in writing by the Department. The Department shall approve the replanting portion of the selective vegetation removal permit in writing and detail the requirements of the beautification and replanting plan. The following shall be required:

(1) The work for initial plantings and all future replacements by the permittee or any of their employees, agents, or assigns shall be in accordance with the current edition of the American National Standard for Tree Care Operations-Transplanting ANSI A300 (Part 6), Planting and Transplanting except as stipulated in this Rule. The American National Standard for Tree Care Operations-Transplanting ANSI A300 (Part 6), approved by the American National Standards Institute and published by the Tree Care Industry Association, Inc. is hereby incorporated by reference, including subsequent amendments and editions. Copies of the Standard may be obtained from the Tree Care Industry Association, Inc. for a twenty dollar ($20.00) cost. The Tree Care Industry Association, Inc. (TCIA) can be contacted at 670 North Commercial Street, Suite #201, Manchester, NH 03101 or at this website: www.tcia.org/TCIA/SHOP. Initial and replacement planting may be considered acceptable if the plants have been placed in the plant hole, backfilled, watered, mulched, staked, and guyed. All plants of one species that are shown on the plans to be planted within a bed, shall be planted concurrently and the entire group shall be completed before any plant therein is considered acceptable. Replacement planting consists of replacing those plants that are not in a living and healthy condition as defined in Subparagraph (7) of this Paragraph;

(2) The permittee shall adhere to erosion control requirements, according to G.S. 113A, Article 4;

(3) All plant materials shall be approved in writing by the Department prior to arrival at the site or prior to excess trees being furnished and delivered to the Department. The approval shall be based on the current edition and subsequent amendments and editions of the American Standard for Nursery Stock ANSI Z60.1;

(4) All work is subject to Division of Highways inspection, scheduled with the Department. A minimum 48-hour notification shall be provided to the Department by the permittee before entering the right-of-way for any beautification and replanting plan requirements;

(5) Grinding or other mechanical removal of all cut stumps (to a minimum depth of four inches below ground level) shall be completed in the area of replanting during the preparation of the site, prior to initial planting;

(6) All initial and replacement plantings shall be installed during the first planting season (November 1 to March 15) contemporaneous with or following the selective vegetation removal. If replanting cannot be completed by the March 15 deadline, the replanting shall occur during the next planting season. The same dates (November 1 to March 15) shall apply when the permittee provides the Department with excess plant material at a site where existing caliper inches exceeds the site design capacity;

(7) The permittee shall contact the Department to schedule a final replanting acceptance inspection upon completion of any plant material installation. For one year from the date of the initial planting acceptance for the entire replanting plan, the permittee shall establish all plant materials according to these provisions. Establishment for all initial or replacement plants shall begin after they are planted. The permittee shall be responsible for the area around plantings for a distance of six feet beyond the outside edges of the mulch. Establishment shall include: cutting of grass and weeds; watering; replacement of mulch; repair or replacement of guy stakes, guy wires, and water rings; and other work to encourage the survival and growth of plant material. The permittee shall remove and dispose of dead plants from the replanting plan site during the establishment period. Prior to the end of the one-year establishment period, the permittee is responsible for contacting the Department to schedule a site meeting with Departmental officials to identify plants to be replaced that are not in a living and healthy condition. Plants do not meet the living and healthy condition requirement and need replacement if 25 percent or more of the crown is dead, if the main leader is dead, or if an area of the plant has died leaving the character of its form compromised, lopsided, or disfigured. The permittee shall replace, during the planting period, plant material needed to restore the planting to the original quantity, size, and species of plant material. Any desired changes in plant material proposed by the permittee shall be requested in writing to the Department. The Department shall notify the permittee in writing of the approved changes to the replacement plantings;

(8) At the conclusion of the one-year establishment period, the Department shall issue a written acceptance of the permittee's work and release the bond. Then a one-year observation period shall begin during which the permittee shall maintain stability of the original and replacement plantings to promote their continued livability and healthy growth. The permittee is responsible for replacement of plants not meeting the living and healthy condition requirement during the observation period. Replacement shall occur in accordance with the dates of planting as stated in Subparagraph (6) of this Paragraph;

(9) After the one-year observation period concludes, the Department shall notify the permittee if the permit requirement conditions have been met successfully;

(10) Replanted materials may be pruned according to the current edition and subsequent amendments and editions of the American National Standard for Tree Care Operations-Pruning ANSI A300 (Part 1) – Planting and Transplanting; however, topping of trees or other vegetation is not allowed;

(11) This Paragraph applies to all replanting plans except mitigating replanting plans as specified in Rules .0603(b)(6) and .0609(b)(4) of this Section. Excess plants or trees furnished and delivered to the Department shall receive care and handling in accordance with digging, loading, transporting, unloading, planting, or otherwise handling plants. The permittee shall exercise care to prevent: windburn; injury to or drying out of the trunk, branches, or roots; or freezing of the plant roots. The solidity of the plant ball shall be preserved. Delivery of excess plant material shall be scheduled with the Department, allowing a minimum three days notification for each delivery. The permittee's responsibility for the furnished excess plants or trees ends at the time the plant material is delivered to, inspected by, and accepted by the Department;

(12) For mitigating replanting plans according to Rule .0609(b)(4) of this Section, trees and other plant material for a proposed beautification and replanting plan taken from the Department's landscape design plans and plant lists or prepared and sealed by a North Carolina licensed landscape architect, may be of a projected mature height to reduce visibility limitations to outdoor advertising sign faces. As an alternative to replanting, mitigation by pruning for vegetative crown reduction at an existing beautification project may be allowed, if mutually agreed upon in writing by the Department and permittee. All pruning shall be performed by removing the fewest number of branches necessary to accomplish the desired objective but in consideration of normal seasonal regrowth for the type of vegetation. All pruning for purposes of mitigation shall be in accordance with the current edition and subsequent amendments and editions of the American National Standards for Tree Care Operations-Pruning ANSI A300 (Part 1) – Planting and Transplanting. In the case of vegetation mortality caused by pruning, replacement plantings shall be required according to this Rule;

(13) Should the outdoor advertising structure related to the selective vegetation permit be sold or transferred, the new owner or permit holder is subject to the requirements in the General Statutes and rules in this Section, including those regarding planting, establishment, replacement or renovation plantings, minimum living and healthy condition, and observation; and

(14) Willful failure to substantially comply with the requirements of this Rule for the beautification and replanting plan shall subject the permittee to penalties prescribed in G.S. 136-133.4.

History

Authority G.S. 99E-30; 136-93; 136-93.3; 136-130; 136-133.1; 136-133.4
Temporary Adoption Eff. March 1, 2012
Eff. November 1, 2012
Amended Eff. January 1, 2015
Readopted Eff. June 1, 2020.

19A NCAC 02E .0612 Modified Vegetation Cut or Removal Zone for Outdoor Advertising

(a) In accordance with G.S. 136-133.1(a1), at the request of a selective vegetation removal permit applicant, the Department may approve plans for the cutting, thinning, pruning, or removal of vegetation outside of the cut or removal zone along acceleration and deceleration ramps. Upon approval of this modified cut zone, the conditions of the initial permit as set forth in Rule .0604 and Rule .0610 of this Section, in addition to the following requirements shall apply:

(1) the request for a modified vegetation cut or removal zone along acceleration or deceleration ramps shall be noted on the selective vegetation removal application at the time the application is submitted. The same application requirements as set forth in Rule .0608 of this Section shall apply to a modified vegetation cut or removal zone request.

(2) the application shall include a diagram of the modified cut zone request to indicate the relocated point A to point D line and the relocated point B to point E line. If the request includes removal of existing trees as defined in G.S. 136-133.1(b)-(e), the applicant may indicate the relocated points on the required site plan in lieu of a separate diagram. The applicant shall provide calculations showing that the total aggregate area of cutting or removal equals the maximum allowed in G.S. 136-133.1(a). The applicant shall mark the modified points A, B, D, and E, as applicable, at the site for review by the Department. Modified points A and B along the right-of-way boundary (or fence if there is a control of access fence) are to be marked with visible flagging tape. Modified points C, D, & E along the edge of the pavement of the ramp are to be marked with spray paint, including the actual distances. Such markings for a modified vegetation cut or removal zone under G.S. 136-133.1(a1) shall represent and equal the maximum cut or removal area along the surface of the ground allowed in G.S. 136-133.1(a).

(3) the Department may authorize a one-time modification of the maximum vegetation cut or removal zone for each requested sign face when the view to the outdoor advertising sign face will be improved. The modified area of vegetation cutting or removal shall cause the point A to point D line and the point B to point E line as set forth in G.S. 136-133.1(a) to be relocated as long as the total aggregate area of cutting or removal does not exceed the maximum allowed for the defined cut or removal zone in G.S. 136-133.1(a). Points A and B shall always remain on the right-of-way line and points D and E shall always remain on the edge of the pavement of the ramp. G.S. 136-133.1(g) regarding cutting vegetation from the private property side along a controlled access fence shall remain applicable from relocated point A of the modified cut zone to relocated point B of the modified cut zone.

(4) the Department shall establish and document the modified cut or removal zone as the permanent view that shall not be altered for future selective vegetation removal permits.

(5) If an outdoor advertising site has previously been cut under a valid selective vegetation removal permit, in accordance with G.S. 136-93(b), to the extent that the requirement of not exceeding the total aggregate area of cutting or removal allowed in G.S. 136-133.1(a) cannot be met, the applicant may apply for a modified cut or removal zone no sooner than one year after the most recent cutting activity at the site. Within the one year period, the applicant may, to the extent that the maximum cut or removal zone defined in G.S. 136-133.1(a) was not previously cut, apply that uncut area towards determining the limits of the one-time modified cut request as defined in G.S. 136-133.1(a1) and the rules of this Subchapter.

(6) Should the outdoor advertising structure subject to a modified cut or removal zone for a selective vegetation removal permit be sold or transferred, the new owner or outdoor advertising permit holder shall be subject to G.S. 136-133.1(a1), and the rules of this Subchapter and shall not alter the modified cut zone as established and documented for a previous sign owner or permit holder.

(7) Upon denial or conditioning by the Department of Transportation of a modified vegetative cut or removal zone under G.S. 136-133.1(a1), the applicant may file an appeal pursuant to G.S. 136-133.3.

History

Authority G.S. 136-18(5); 136-18(7); 136-18(9); 136-93; 136-93.2; 136-130; 136-133.1; 136-133.1 (a1); 136-133.2; 136-133.3; 136-133.4; 136-133.5; 136-127
Eff. January 1, 2015.

19A NCAC 02E .0701 Employment of Professional/Specialized Firm: Authorization

(a) Except as set out Paragraph (b) of this Rule the employment by contract of any agency, firm or individual may be authorized and executed by any of the business unit managers listed under any of the following conditions:

(1) The required work necessitates engineering or professional expertise and services not available on the staff of the department;

(2) The required work can be accomplished more effectively, more efficiently, and more economically than by staff of the department;

(3) The required work cannot be undertaken and accomplished by the staff of the department in time to meet the established schedule for development of the project; or

(4) An emergency situation exists which requires expedient action to alleviate or minimize a condition representing a danger or economic loss to the public.

(b) Such employment shall not be considered when other agencies of the state which have staff with the necessary expertise are available to accomplish the required work in a satisfactory manner on a schedule and at a cost suitable to meet the department's requirements.

History

Authority G.S. 136-28.1(f); 143B-350(f)(13) and (g)
Temporary Rule Eff. June 11, 1982 for a Period of 51 Days to Expire on August 1, 1982
Eff. August 1, 1982
Amended Eff. August 1, 2012; December 1, 1993; October 1, 1991; April 1, 1986; February 1, 1983
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02E .0702 Solicitation and Award of Contract

(a) The Department shall maintain a "Directory of Transportation Firms" that have the necessary expertise and experience, and have expressed a desire to perform in professional engineering or other kinds of professional or specialized services for the Department in connection with transportation construction or repair. Prequalification pursuant to Rule .0703 of this Section shall be required for inclusion on the Directory or award of a contract under this Section.

(b) Upon authorization by the Secretary of Transportation for the DOT staff to use a professional or specialized firm, a Selection Committee shall be established by the branch manager consisting of at least three members from the DOT staff who are experienced in the type of services to be contracted. For contracts anticipated to exceed fifty thousand dollars $50,000, solicitation for proposals shall be by published advertisement. In addition, solicitation for interest may be by direct mail to all firms prequalified for the type of services to be contracted and selected from the Directory.

(d) For contracts having a total cost over fifty thousand dollars ($50,000) and for supplemental agreements award shall be made by the Secretary of Transportation.

(e) Supplemental agreements that increase a cost of a project to more than fifty thousand dollars ($50,000) shall be approved by the Secretary.

(f) In an emergency situation, these Rules may be waived by the Secretary of Transportation or the Secretary's designee pursuant to G.S. 136-28.1(e). A qualified firm may be selected, negotiations conducted, and a contract executed by the Secretary of Transportation or the Secretary's designee as required to resolve the emergency conditions.

History

Authority G.S. 136-28.1(e) and (f); 143B-350(f) and (g)
Temporary Rule Eff. June 11, 1982 for a Period of 51 Days to Expire on August 1, 1982
Eff. August 1, 1982
Amended Eff. October 1, 2014; December 1, 2012; December 29, 1993; October 1, 1991; April 1, 1986; February 1, 1983
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02E .0703 PREQUALIFYING TO award – Professional services firms

(a) In order to ensure that contracts awarded pursuant to G.S. 136-28.1(f) and G.S. 143-64.31 are awarded to responsible firms, prospective professional services firms shall comply with the rules set forth in this Section except as otherwise provided by law.

(b) In order to be eligible to contract with the Department pursuant to G.S. 136-28.1(f) and G.S. 143-64.31, all prospective professional services firms shall be prequalified with the Department to ensure that the firm is capable of performing the proposed contract.

(1) Applicants shall demonstrate the necessary experience, knowledge, and expertise to perform complete professional services contracts in which they submit or subcontract;

(2) Applicants shall demonstrate that they have sufficient financial resources, including available equipment and qualified personnel, and a financial statement (first time applicants and reinstatements only), to perform and complete professional services contracts in which they submit or subcontract;

(3) Applicants shall demonstrate that they have the necessary knowledge and expertise to comply with all state and federal laws relating to professional services contracts.

(d) Prospective professional services firms shall update their prequalification status annually to show changes in the staff and updated information regarding necessary company business licenses.

(e) Firms shall re-qualify every three years to show changes in the staff, updated information regarding necessary company business licenses, and updated project experience to ensure that prequalification remains based on recent experience of the staff that is not out of date.

(f) A requalified professional services firm shall maintain compliance with the rules in this section at all times in order to be eligible to contract with the Department pursuant to G.S. 136-28.1(f) and G.S. 143-64.31. If at any time a professional services firm fails to comply with these rules, the Department shall disqualify the professional services firm from any further contracts until the firm is able to demonstrate compliance with these requirements by re-qualifying.

History

Authority G.S. 136-28.1(e) and (f); 143-64.31; 143-B-350(f) and (g)
Eff. October 1, 2014
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02E .0801 Permit to Solicit Contributions

In recognition of the State of North Carolina's legitimate concern for the safety and well-being of the traveling public as well as the right of citizens to the free exercise of religion, all religious organizations and those non-profit charitable or educational organizations with a history of concern for the health and safety of the traveling public are hereby authorized to solicit contributions at North Carolina Highway rest areas, wayside parks, and visitor welcome centers in accordance with these Rules. All other forms of solicitation by any other individuals or organizations are prohibited.

History

Authority G.S. 20-175; 136-18
Eff. November 1, 1984
Amended Eff. December 1, 1993; October 1, 1991; August 1, 1986
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02E .0802 Permits Required

(a) All organizations desiring to solicit under the provisions of this Section must first obtain a permit from the Department of Transportation for the stated purpose of allowing their members to solicit at designated areas on the state highway system.

(b) Written requests for permits for solicitation shall be sent to the appropriate Division Engineer of the Division of Highways in which the rest area or welcome center is located.

(1) copy of certificate showing that the applicant is exempt from federal income tax as a religious, educational or charitable organization as provided in 26 USC 501(c)(3) together with the applicant's tax exemption number;

(2) a statement indicating the locations where the organization intends to solicit contributions;

(3) the name and address of each individual authorized to solicit for the applicant;

(4) the name of an officer of the applicant, together with an address, to whom the permit is to be sent and complaints are to be directed; and

(5) if the request for a permit is from a non-religious educational or charitable organization, a written description of the organization's past efforts serving and promoting the safety of the traveling public.

(d) When all the appropriate information required in Paragraph (c) of this Rule has been provided by the applicant, a permit shall be issued by the Chief Engineer, or his duly authorized representative, and said permit shall be effective for a period of 30 days from the date of issuance.

(e) Each permit issued shall describe the activity authorized, the area in which it may be conducted, and the period of time for which the permit is issued.

History

Authority G.S. 20-175; 136-18
Eff. November 1, 1984
Amended Eff. December 1, 2012; October 1, 1991; September 1, 1986; August 1, 1986; September 1, 1985
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02E .0803 Solicitation Restrictions and Requirements

(a) Any member of an organization duly permitted under these Rules actually engaged in soliciting for contributions must provide and prominently display an identification tag or badge containing all of the following information:

(1) a photograph;

(2) name;

(3) organization; and

(4) DOT permit number.

(b) While engaged in the solicitation of contributions, individual solicitors shall orally identify themselves and state which organization they represent.

(c) Individual solicitors operating under a permit from the department shall be permitted to engage in their solicitation activities only between the hours of 9:00 a.m. and 5:00 p.m. each calendar day except during holidays, when a different time is authorized in the permit.

(d) Individual solicitors are prohibited from soliciting on any portion of a highway not designated as a rest area or welcome center.

(e) The area of the rest area which may be used shall be specified in the permit, and shall not impede visitors' access to rest facilities. At the same time, it shall provide visibility of the soliciting group when feasible.

(f) Individual solicitors may use incidental water and electric utility services at highway rest areas or visitor centers with connections at locations approved by the Division of Highways.

(g) A permittee shall be limited to one individual solicitor engaged in solicitation activities at each site, and this individual may have the assistance of no more than two other members of the permittee's organization.

(h) Individual solicitors shall not persist in soliciting after solicitation has been declined, and solicitors shall not solicit State employees who are identifiable as such.

(i) Individual solicitors shall not harass persons by demanding, threatening or intimidating conduct.

(j) While individual solicitors may solicit from the general public donations for printed matter, refreshments or religious paraphernalia, the individual solicitors must inform the person solicited if a minimum donation is required.

(k) All distribution of refreshments, pamphlets and other materials r and transfers of money or funds solicited from a person acting pursuant to a permit issued by the Chief Engineer or his duly authorized representative, shall take place in or at the location specifically identified in the permit.

(l) Individual solicitors may not engage in dancing, chanting, the use of music or other noise producing instruments, megaphones, microphones or any other similar devices.

(m) Individual solicitors shall cease activities in the event of emergency situations involving dangers to the general public.

(n) Individual solicitors shall not interfere with pedestrian or vehicular traffic.

(o) No more than two organizations, one religious and one non-religious charitable or educational, may solicit at highway rest areas, wayside parks or visitor welcome centers at the same time.

History

Authority G.S. 20-175; 136-18
Eff. November 1, 1984
Amended Eff. December 1, 2012; December 1, 1993; October 1, 1991; August 1, 1986; September 1, 1985
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02E .0804 Revocation of Permit

(a) Any of the following shall be grounds for revoking a permit issued under the provisions of these Rules:

(1) failure to renew the permit issued to the organization;

(2) loss of federal income tax exemptions;

(3) violations of the restrictions on solicitations contained in Rule .0803 of this Section;

(4) substantiated complaints of harassment of travelers by individual solicitors;

(5) any action which adversely affects the health or safety of the traveling public;

(6) fraud or misrepresentation in application on the part of the permittee.

(b) Any organization which applies for a permit for solicitation and is refused such a permit, or any organization which has its permit revoked, may make a written appeal within 30 days of the department's decisions to the Secretary of Transportation whose decisions shall be final.

History

Authority G.S. 20-175; 136-18
Eff. November 1, 1984
Amended Eff. December 1, 1993; August 1, 1986; September 1, 1985
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02E .0901 Newspaper Distribution Policy

The Department of Transportation, in recognition of the First Amendment right of freedom of speech which includes the right to distribute newspapers in certain public areas, and in recognition of the State of North Carolina's legitimate concern for the safety and well-being of the traveling public and the commercial vending authority of the Division of Services to the Blind, Department of Human Resources, has determined that all distribution of newspapers at rest areas and welcome centers on all of North Carolina's highways shall be in accordance with the following Rules. All other forms of newspaper distribution at rest areas and welcome centers are prohibited.

History

Authority G.S. 111-41 et seq.; 136-18(9)
Eff. October 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02E .0902 Permits Required

(a) A permit must be obtained from the Department of Transportation to distribute newspapers from newspaper dispensers at rest areas and welcome centers.

(b) All permit requests must be in writing and must include the owner's name, address, telephone number and location of the newspaper dispenser, a plot plan showing the proposed location of the newspaper dispenser and a certification that such location is in conformity with this Section. The filing of a completed permit application will be considered a temporary permit pending the 30 day Department of Transportation review in Paragraph (c) of this Rule.

(c) Within 30 days of receipt of the permit application, the Department of Transportation will review the proposed location and, if it meets all requirements, issue a permit. If the application does not meet all requirements, the Department shall issue a notice of nonconformance and list the reasons the application does not conform to the Department Rules.

(d) The permit shall be valid until terminated or revoked for noncompliance with these Rules.

History

Authority G.S. 136-18(9)
Eff. October 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02E .0903 Indemnification

(a) The owner of the news dispenser, upon the placement of a newspaper dispenser at a rest area or welcome center, assumes the unconditional obligation and thereby agrees to defend, indemnify and save harmless the State, its agents, servants and employees from all suits, actions or claims of any character brought because of death or any injury received or sustained by negligence of State employees or agents, arising out of the installation, use or maintenance of any newspaper dispenser located on State highway rest areas or welcome centers, or where such suit, action or claims arise out of such installation, use or maintenance of any newspaper dispenser being a contributing omission, neglect or misconduct by the permittee, or its employees, agents, distributors or servants relating to the installation, use or maintenance of any newspaper dispenser within the State highway rest areas or welcome centers.

(b) The aforesaid indemnification provision shall be contained in each permit issued by the Department pursuant to this Section.

History

Authority G.S. 136-18(9)
Eff. October 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02E .0904 Location, Installation and Maintenance/Newspaper Dispensers

Any newspaper dispenser which in whole or in part rests upon, in or over rest areas or welcome centers shall comply with the following standard:

(1) Newspaper dispensers shall not exceed five feet in height, 36 inches in width, or 30 inches in depth;

(2) Newspaper dispensers may be chained or otherwise attached to one another; however, no more than three newspaper dispensers may be joined together in this manner, and a space of no less than 18 inches shall separate each group of three newspaper dispensers so attached.

(3) No newspaper dispenser shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of a newspaper or periodical sold therein.

(4) Every newspaper dispenser placed at a rest area or welcome center shall have affixed thereto in a place where such information may be easily seen, the name, address, and telephone number of the owner and person (if different from the owner) responsible for maintaining the news dispenser.

(5) No newspaper dispenser shall be chained, bolted or otherwise attached to any public fixture located within the State highway right of way, including, but not limited to, official signs, sign supports, guide rails, traffic signal supports, highway lighting supports, controller boxes, fire hydrants or bus shelters.

(6) Newspaper dispensers shall be securely place so as to reasonably prevent personal injury or property damage due to tilting, tipping or overturning.

(7) Every newspaper dispenser shall be maintained so that:

(a) It is reasonably free of dirt and grease.

(b) It is reasonably free of chipped, faded, peeling and cracked paint;

(d) The structural parts thereof are intact.

(8) No newspaper dispenser shall be within five feet of a fire hydrant, fire call box, police call box or any other emergency facility.

(9) No newspaper dispenser shall be placed in lobbies of rest areas or welcome centers or along the sidewalk on the approach to the rest area or welcome center building. Newspaper dispensers also are not allowed under the roof overhangs of these buildings.

(10) No newspaper dispenser shall be placed in such a way that it impedes vehicular, pedestrian or handicapped person movements on drive and walkways, at telephones, trash receptacles, water fountains, to and from picnic areas or to and from rest area and welcome centers service buildings.

(11) No newspaper dispenser shall be placed along the curbs adjacent to parking areas. When a news dispenser is placed along a sidewalk it shall be placed parallel to and no more than six inches from the sidewalk edge farthest from the traffic curb.

(12) Where vending facilities are in existence at rest areas or welcome centers, the newspaper dispensers shall be placed in close proximity to those buildings.

(13) Where vending facilities are planned at a rest area or welcome center, the newspaper dispensers shall be placed near the planned location of the vending facility.

History

Authority G.S. 136-18(9)
Eff. October 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02E .0905 Conditions, Notice of Violations and Appeals

(a) The continued placement, use and maintenance of newspaper dispensers is conditioned upon compliance with all the provisions of this Section. If any of the provisions of this Section are alleged to have been violated or if the location, installation, or condition of the newspaper dispenser no longer meets with the specifications of this Section the permittee shall be notified of the non-compliance by registered mail, return receipt requested.

(b) The notice shall state the specific provision(s) of this Section which are alleged to have been violated.

(c) The notice shall further state that, upon request by the permittee within 15 days of the receipt of said notice, the official issuing the notice of violation shall meet with the permittee to discuss the basis for the determination that a violation exists and any proposed means of eliminating any violations. That meeting shall take place within 30 days of said request. A request for such a meeting shall stay the further enforcement of this Section, except in emergency situations. Following any such meeting, the official issuing the notice of violation may rescind the notice if it is determined that there was no violation or in the event the alleged violation is otherwise eliminated. The official may also grant time for the correction of any violation upon request.

(d) If, within 30 days after mailing the notice of non-compliance, or within 30 days after the meeting referred to in Paragraph (c) of this Rule, in the event a meeting is requested and does not resolve the dispute in a mutually acceptable manner, or the permittee has failed to remove the newspaper dispenser or otherwise correct the violation or reason for non-compliance, the permit shall be revoked and the permittee shall be notified by registered mail that the permit has been revoked.

(e) The decision as provided for in Paragraph (d) of this Rule shall be the final agency decision.

(f) If the permittee (or applicant where no permit has been issued) fails to appeal from the revocation of a permit or a decision not to grant a permit, and does not remove or have removed the newspaper dispenser in question within 30 days from the receipt of a revocation notice, the newspaper dispenser shall be removed by the Department of Transportation maintenance personnel and stored at a Department of Transportation maintenance yard. The permittee shall be notified by registered mail of the location of the newspaper dispenser and the hours when it may be obtained. The Department of Transportation shall not be liable for any damage to the newspaper dispenser, to any material contained therein, or for any lost sales caused by the removal, transportation or storage of the newspaper dispenser.

History

Authority G.S. 136-18(9)
Eff. October 1, 1991
Amended Eff. December 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02E .0906 Compliance with Div of Services for the Blind Requirements

Permittees must comply with the requirements of the Division of Services for the Blind, Department of Human Resources, as the State licensing agency designated pursuant to Section 2(a)(5) of the Randolph-Sheppard Act [20 USC 107a(a)(5)].

History

Authority G.S. 111-41 et seq.; 136-18(9)
Eff. October 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02E .1001 Definitions

This Section establishes the Department's rules for the administration, designation and removal of the North Carolina Scenic Byways Program. For purposes of this Section, the following definitions shall apply:

(1) "Board" means North Carolina Board of Transportation.

(2) "Byway" means a scenic highway.

(3) "Designate" means a process for approving a road or a system of roads to the state system of Scenic Byways.

(4) "D.O.H." means Division of Highways of the Department of Transportation.

(5) "Interested Party" means any proponent or opponent of the proposal for the designation or removal of the Byway.

(6) "Intrinsic Qualities/Resources" means unusual, exceptional, or distinctive scenic, recreational, historical, educational, scientific, geological, natural, wildlife, cultural, or ethnic features.

(7) "Merit" means applications with all facts substantiated and considered suitable for further consideration.

(8) "N.C.D.O.T./Department" means North Carolina Department of Transportation.

(9) "Program" means the Scenic Byways Program and its associated administrative tasks.

(10) "Promote" means to foster and encourage the advancement of the Scenic Byways Program.

(11) "Removal" means the process of removing a Byway or a section of a byway from the state system of Scenic Byways.

(12) "Report" means a summary of information prepared by the Roadside Environmental Unit.

(13) "Roadside Environmental Unit" means a unit of the Department of Transportation.

(14) "Scenic Byway/Highway" means a defined road or system of roads, designated by the Board of Transportation, having distinct natural, cultural, historical, and aesthetic qualities.

(15) "Scenic Byway/Highway Management Plan" means strategic goals specifically outlined to preserve or enhance the scenic integrity along a state highway or state byway.

(16) "Scenic Value" means a measurement of the aesthetic quality of an area determined through a visual inventory conducted by the Roadside Environmental Unit.

(17) "T.I.P." means the Transportation Improvement Program.

History

Authority G.S. 136-18(5); 136-122 through 136-125; 136-129.2; 143B-348
Eff. March 1, 1995
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02E .1002 Purpose

(a) The Scenic Byway/Highway system shall be established to provide the public with the opportunity to travel on a system of roads featuring the intrinsic qualities of the State within the existing highway system.

(b) The Scenic Byway/Highway program is intended to identify not create scenic byways/highways.

(c) The program and rules prescribed to sustain the integrity and safety of the scenic byway/highway system shall be incorporated into N.C.D.O.T. planning and maintenance operations.

(d) All lawfully erected outdoor advertising signs adjacent to a Scenic Byway/Highway designated as a part of the interstate or federal-aid primary highway system as of June 1, 1991, or any highway which is or becomes a part of the National Highway System shall become nonconforming signs and shall be allowed to remain until such time as funds become available for purchase.

(e) The implementation of the system provides an alternative for safe travel, encourages tourism and economic growth, and promotes intrinsic qualities/resources along the highway system.

History

Authority G.S. 136-18(5); 136-122 through 136-125; 136-129.2; 143B-348
Eff. March 1, 1995
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02E .1003 Administration of Program

(a) The responsibilities and execution of duties of implementing and carrying out the goals of the Scenic Byway/Highway program are vested in the Division of Highways (DOH) of the NCDOT. The DOH is authorized:

(1) to plan, design, and develop the Scenic Byway/Highway System and Program;

(2) to develop and make recommendations, including routes to be designated or removed, to the Board of Transportation on the organization and operation of the Scenic Byway/Highway Program;

(3) to support the protection of historical, cultural, natural and aesthetic resources in areas adjacent to the highway.

(b) Other administrative duties which shall be conducted by the Department are:

(1) to compose and provide application forms for proposed Scenic Byway/Highway locations and for removal of Scenic Byway/Highway locations from the system;

(2) to coordinate and manage Scenic Byway/Highway system signing;

(3) to annually review and file a report by February 1 each year with the Secretary of Transportation on the existing Scenic Byways/Highways in the system and those highways offered for both designation and removal in the system;

(4) to oversee interaction between the Department of Transportation and public/private entities interested in the development or management of the State Byway/Highway system;

(5) to develop and make available to the public interpretive information about the Scenic Byways and Highways.

History

Authority G.S. 136-18(5); 136-122 through 136-125; 136-129.2; 143B-348
Eff. March 1, 1995
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02E .1004 Designation Criteria

(a) The following criteria shall be required for a route to be included in the Scenic Byway/Highway system:

(1) highway design which preserves and protects the natural beauty or scenery of the area;

(2) location on an existing highway or roadway having legal public access;

(3) minimum consecutive length of one mile;

(4) adequate land area to accommodate safe enjoyment of scenic attractions;

(5) evidence of strong local support for the designation established by the proponent of the designation, which includes but is not limited to petitions, letters, and newspaper articles;

(6) significant natural or aesthetic features visible from and adjacent to the roadway. Such features include but are not limited to agricultural lands, vistas of marshes, shorelines, forests, and other areas of dense vegetation or notable geographic characteristics;

(7) intrinsic qualities such as but not limited to historical, cultural, or recreational resources in the area.

(b) The NCDOT shall determine that development of the designated area shall not detract from the scenic natural character and visual quality of the route. The Department shall ensure the route is compatible with recreational, aesthetic, and environmental management needs of the area.

(c) Designation of a highway as a Scenic Byway/Highway shall not significantly interfere with the operation or maintenance of existing public utility lines and facilities.

(d) Designation of a highway as a Scenic Byway/Highway shall not be construed to require any modification in local land use regulations or restrictions, require any change in commercial or agricultural activities, or affect future highway rehabilitation, development, or the need to maintain or improve the roads.

(e) Preference shall be given to a Scenic Byway/Highway with existing protected areas such as national forests or federal or state park land near or adjacent to the proposed route.

History

Authority G.S. 136-18(5); 136-122 through 136-125; 136-129.2; 143B-348
Eff. March 1, 1995
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02E .1005 Designation Process

The process for designation as a Scenic Byway shall be as follows:

(1) A non-profit organization, which includes but shall not be limited to a county commission or the governing body of any municipality, may submit an application to the Roadside Environmental Unit of the Department of Transportation with proper Scenic Byway/Highway identification on the envelope;

(2) Roadside Environmental Unit shall review the application and prepare a written report, which includes findings on the designation criteria set in 19A NCAC 02E .1004 and a recommendation on whether the proposal should be adopted or rejected;

(3) Proposed routes deemed to have merit based on criteria in 19A NCAC 02E .1004 shall be submitted by the DOH staff to the Board of Transportation for approval or denial;

(4) At the request of any interested party, the Citizens Participation Unit of the N.C.D.O.T. shall hold a public hearing to consider any proposal recommended for approval;

(5) If a hearing is requested the proponents of the Byway shall place a legal notice in at least one newspaper in the municipality nearest the proposed Scenic Byway/Highway and in three successive issues. The notice shall contain the date, time, and location of the hearing and a summary of the proposed designation. Proponents of the Byway/Highway shall be responsible for the cost of the legal notice. In addition to the hearing, written comments shall be accepted by the Roadside Environmental Unit for 30 days from the publication of the hearing notice. If no hearing is requested, written comments may be submitted and shall be accepted for 90 days from the date of application. A request for public hearing shall be made within 60 days from the receipt of the application. The hearing shall be held no sooner than 14 days following the last day of the legal notice and no later than 30 days following the last day of the legal notice;

(6) The Department shall notify the proponent in writing of the Board of Transportation's approval or denial of the proposal;

(7) The Board may designate any route or section of a route at anytime so long as the Board meets the criteria in 19A NCAC 02E .1004.

History

Authority G.S. 136-18(5); 136-122 through 136-125; 136-129.2; 143B-348
Eff. March 1, 1995
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02E .1006 Application for Designation

(a) The following items shall be included for a Scenic Byway application:

(1) the proponent's name, address, telephone number, and email address, and the name, address, email address, and telephone number of the organization, if applicable;

(2) a written description of the section of highway to be designated, including a description of the section's unusual, exceptional, or distinctive scenic, recreational, historical, educational, scientific, geological, natural, wildlife, cultural or ethnic features;

(3) photographic files of the area that demonstrate the section's qualities of significance;

(4) county maps with the proposed route marked;

(5) copies of zoning ordinances applicable to the route or a written list of existing land-use areas for unzoned areas;

(6) documentation of notice given to local governments adjacent to proposed route;

(7) for unzoned areas, a written list of commercial or industrial activities adjacent to or within 800 feet of the pavement of the proposed route; and

(8) an optional Scenic Byway Management Plan may be submitted with an application.

(b) Completed applications shall be sent to the Roadside Environmental Unit, 1557 Mail Service Center, Raleigh, NC 27699-1557, no later than August 31 of each year. Incomplete applications shall not be accepted and will be returned to the proponent.

(c) The application and all application materials are public records pursuant to Chapter 132 of the North Carolina General Statutes.

History

Authority G.S. 136-18(5); 136-18(31); 136-122 through 136-125; 136-129.2; 143B-348
Eff. March 1, 1995
Readopted Eff. March 1, 2019.

19A NCAC 02E .1007 Removal Process

(a) A route or section of a route may be removed if its character has changed such that it meets the criteria for removal as specified in G.S. 136-18(31) and taking into consideration that it no longer meets the criteria as set out in 19A NCAC 02E .1004.

(b) The process of removal shall be as follows:

(1) A non-profit organization, which includes but shall not be limited to a county commission or the governing body of any municipality, may submit an application for removal to the Roadside Environmental Unit of the Department of Transportation with proper Scenic Byway/Highway identification label on the envelope;

(2) The Roadside Environmental Unit shall review application, prepare a report incorporating a study of the scenic value of the submitted route or section of route and submit proposals deemed to have merit as specified in 19A NCAC 02E .1004 to the Board of Transportation;

(3) At the request of any interested party, the Citizens Participation Unit of the N.C.D.O.T. shall hold a public hearing to consider any proposal recommended for removal;

(4) If a hearing is requested the proponent of the Byway removal shall place a legal notice in at least one newspaper in the municipality nearest the route or section of a route proposed for removal and in three successive issues. The notice shall contain the date, time, and location of the hearing and a summary of the removal proposal. Proponents of the removal shall be responsible for the cost of the legal notice. In addition to the hearing, written comments shall be accepted by the Roadside Environmental Unit for 30 days from the publication of the hearing notice. If no hearing is requested, written comments may be submitted and shall be accepted for 90 days from the date of application. A request for public hearing shall be made within 60 days from the receipt of the application. The hearing shall be held no sooner than 14 days following the last day of the legal notice and no later than 30 days following the last day of the legal notice;

(5) The Board of Transportation shall approve or deny application; and

(6) The Department shall notify the applicant of approval or denial.

(c) The Board may remove any route or section of a route from the Scenic Byway System at anytime so long as the Board meets the criteria for removal outlined in these Rules and in G.S. 136-18.

History

Authority G.S. 136-18(5); 136-122 through 136-125; 136-129.2; 143B-348
Eff. March 1, 1995
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02E .1008 Removal Application

(a) The following shall be included in a Scenic Byway removal application, but is not limited to such items, to be considered.

(1) Characteristic which has changed such that it no longer meets criteria for designation;

(2) Documentation of current zoning, ordinances, and other land-use controls;

(3) Documentation of public notification of removal to relative parties and legal notice of public notification;

(4) Written route or section of route description, including elements supporting the proposal to remove;

(5) Written applicant information including name, address, and telephone number;

(6) Photographic slides of characteristics supporting proposal to remove;

(7) County maps with route or section of route marked.

(b) Application must be received by the Roadside Environmental Unit, N.C.D.O.T., P.O. Box 25201, Raleigh, NC 27611 at least six months prior to the annual Board meeting set aside for Scenic Byway review. Incomplete applications shall not be accepted and will be returned to the proponent.

History

Authority G.S. 136-18(5); 136-122 through 136-125; 136-129.2; 143B-348
Eff. March 1, 1995
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02E .1009 Board of Transportation Evaluation

(a) The Board of Transportation shall annually evaluate the Scenic Byway/Highway Program at its March meeting.

(b) The review and evaluation shall include, but not be limited to, the following:

(1) An examination of funding for the program;

(2) A determination of suitability of those proposed routes for designation and removal. A request for further information on the proposed route may be made by the Board. The suitability of the route shall be decided at a later date.

(c) The annual meeting date, place, and time shall be determined by the Board of Transportation and shall be consistent within each calendar year and with the annual Transportation Improvement Program (TIP) public hearings.

(d) The Board of Transportation retains the authority to designate or remove a route or a section of a route from the Scenic Byway/Highway system at any time. Prior to making its decision, the DOH shall prepare a recommendation to the Board.

History

Authority G.S. 136-18(5); 136-122 through 136-125; 136-129.2; 143B-348
Eff. March 1, 1995
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02E .1101 Tourist-Oriented Directional Sign (tods) Program

(a) The Tourist-Oriented Directional Sign Program, hereinafter "Program," offered by the North Carolina Department of Transportation, hereinafter "Department," provides directional signing for eligible tourist attractions located on the state non-freeway system which is located within the right-of-way at intersections as specified in the Manual on Uniform Traffic Control Devices (MUTCD).

(b) Requests for information may be directed to the State Traffic Engineer, Division of Highways, Department of Transportation, 1592 Mail Service Center, Raleigh, North Carolina 27699-1592.

(c) Applications for participation in the program shall be accepted by the Division Engineer who is responsible for the county where the attraction is located.

History

Authority G.S. 136-130; 136-140.15; 136-140.16; 136-140.17; 136-140.18; 136-140.19; 143B-346; 143B-348; 143B-350(f)
Temporary Adoption Eff. January 1, 2003
Eff. August 1, 2004
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02E .1102 Definitions

History

Status: expired
Authority G.S. 136-89.56; 136-130; 136-140.15; 136-140.16; 136-140.17; 136-140.18; 136-140.19; 143B-346; 143B-348; 143B-350(f)
Temporary Adoption Eff. January 1, 2003
Eff. August 1, 2004
Expired Eff. October 1, 2016 pursuant to G.S. 150B-21.3A.

19A NCAC 02E .1103 Location of Tods

The Department shall administer the erection and maintenance of official signs giving specific information of interest to the traveling public in accordance with this Rule.

(1) The Department shall only erect panels at at-grade intersections. An at-grade intersection is an intersection that is controlled by stop signs or traffic signals. A TODS Trailblazer shall be installed if further direction is needed to guide the tourist from the intersection to the attraction.

(2) Panel placement shall be determined by the Department according to the natural terrain and shall not block scenic vistas.

(3) A separate sign panel shall be provided on the intersection approach for each eligible attraction in accordance with G.S. 136-140.16. Panels shall be allowed in each direction only when lateral spacing is available.

(4) TODS panels shall be located at least 200 feet in advance of the main intersection. Signs shall be spaced at least 200 feet apart and at least 200 feet from other traffic control devices. TODS panels shall not be located more than one-half (0.5) mile from the center of the main intersection and shall not be placed in the signing sequence for any other prior intersections.

(5) Warning, regulatory, guide, or other official highway signs shall take precedence over TODS.

History

Authority G.S. 136-89.56; 136-140.15; 136-140.16; 136-140.17; 136-140.18; 136-140.19
Temporary Adoption Eff. January 1, 2003
Eff. August 1, 2004
Readopted Eff. August 1, 2019.

19A NCAC 02E .1104 Eligibility for Program

History

Status: expired
Authority G.S. 136-89.56; 136-130; 136-140.15; 136-140.16; 136-140.17; 136-140.18; 136-140.19; 143B-346; 143B-348; 143B-350(f)
Temporary Adoption Eff. January 1, 2003
Eff. August 1, 2004
Expired Eff. October 1, 2016 pursuant to G.S. 150B-21.3A.

19A NCAC 02E .1105 Composition of Signs

(a) No TODS panel shall be displayed in a manner that would mislead or misinform the traveling public.

(b) No message shall interfere with, imitate, or resemble any official warning or regulatory traffic sign, signal, or similar device.

(d) TODS panel and trailblazer designs shall be in conformance with the standards as specified in the MUTCD, as defined in G.S. 136-130, and approved by the Department, prior to fabrication and shipment.

History

Authority G.S. 136-130; 136-140.15; 136-140.16; 136-140.17; 136-140.18; 136-140.19
Temporary Adoption Eff. January 1, 2003
Eff. August 1, 2004
Readopted Eff. August 1, 2019.

19A NCAC 02E .1106 TODS Program FEES

(a) The annual fee for each TODS panel or TODS Trailblazer shall be two hundred dollars ($200.00).

(b) All participating businesses shall pay the annual fee prior to installation of the TODS panel(s).

(c) The annual fee shall be paid by check or money order and due in advance of the period of service requested. Failure to pay a fee when due shall be grounds for removal of the TODS panel.

History

Authority G.S. 136-140.15; 136-140.16; 136-140.17; 136-140.18; 136-140.19
Temporary Adoption Eff. January 1, 2003
Eff. August 1, 2004
Readopted Eff. August 1, 2019.

19A NCAC 02E .1107 Contracts with the Department

History

Status: expired
Authority G.S. 136-89.56; 136-130; 136-140.15; 136-140.16; 136-140.17; 136-140.18; 136-140.19; 143B-346; 143B-348; 143B-350(f)
Temporary Adoption Eff. January 1, 2003
Eff. August 1, 2004
Expired Eff. October 1, 2016 pursuant to G.S. 150B-21.3A.

19A NCAC 02E .1108 Appeal of Decision

History

Status: expired
Authority G.S. 136-89.56; 136-130; 136-140.15; 136-140.16; 136-140.17; 136-140.18; 136-140.19; 143B-346; 143B-348; 143B-350(f)
Temporary Adoption Eff. January 1, 2003
Eff. August 1, 2004
Expired Eff. October 1, 2016 pursuant to G.S. 150B-21.3A.

19A NCAC 02E .1201 Purpose

The North Carolina Department of Transportation's Public Vehicular Area designation exists to allow private property to be designated as a public vehicular area by the private property owner.

History

Authority G.S. 20-4.01(32); 20-219.4; 143B-346; 143B-348; 143B-350(f)
Temporary Adoption Eff. January 1, 2003
Eff. August 1, 2004
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02E .1202 Definitions

For the purposes of the rules in this Section, the following definitions shall apply:

(1) "Department" shall mean the North Carolina Department of Transportation.

(2) "Participants" shall mean the private property owners who have registered property as a Public Vehicular Area.

History

Authority G.S 20-4.01(32); 20-219.4; 143B-346; 143B-348; 143B-350(f)
Temporary Adoption Eff. January 1, 2003
Eff. August 1, 2004
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02E .1203 Participation

(a) The Division Engineer or his designee shall acknowledge receipt and registration of applications from participants applying to participate in designating a Public Vehicular Area.

(b) By certified check or money order, each participant shall pay a one time non-refundable fee of two hundred dollars ($200.00) for each registration. If the property is sold, the PVA registration shall transfer to the new owner unless the new owner chooses to amend or modify the agreement. This registration fee shall cover the cost of one certified copy of the registration of the Public Vehicular Area. Requests for additional certified copies shall be submitted to the Division Engineer in writing along with a check or money order for five dollars ($5.00) per copy.

History

Authority G.S. 20-4.01(32); 20-219.4; 143B-346; 143B-348; 143B-350(f)
Temporary Adoption Eff. January 1, 2003
Eff. August 1, 2004
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19a NCAC 02E .1204 Responsibilities of Participants and Department

(a) The Department shall provide a copy of the official design of the signs that shall state "Public Vehicular Area G.S. 20-219.4."

(b) Any participant shall:

(1) Locate signs in a manner that does not inhibit sight distance or create a safety hazard;

(2) Fabricate, install, and maintain signs in accordance with the Manual on Uniform Traffic Control Devices;

(3) Erect signs so as to provide reasonable notice to the motorist. Signs indicating Public Vehicular Area shall be placed at the driveway entrances to the area and within the limits of the Public Vehicular Area. The signs shall not be placed in the public right of way.

History

Authority G.S. 20-4.01(32); 20-219.4; 143B-346; 143B-348; 143B-350(f)
Temporary Adoption Eff. January 1, 2003
Eff. August 1, 2004
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02E .1205 Termination of the Agreement

(a) Any participant may choose to cancel the agreement by notifying the Department. No prorated refund shall be given to the participant due to cancellation of agreement.

(b) A participant may choose to modify the agreement by resubmitting an application and two hundred dollars ($200.00) fee for each registration.

History

Authority G.S. 20-4.01(32); 20-219.4; 143B-346; 143B-348; 143B-350(f)
Temporary Adoption Eff. January 1, 2003
Eff. August 1, 2004
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

Subchapter F

19A NCAC 02F .0101 Purpose

This Section establishes minimum criteria to be used in determining when the preparation of environmental documents pursuant to the North Carolina Environmental Policy Act (NCEPA) is not required.

History

Authority G.S. 113A-11; 143B-10
Temporary Adoption Eff. January 11, 2002
Eff. April 1, 2003
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02F .0102 Minimum Criteria

The following are established as an indicator of the types and classes of thresholds of activities at and below which environmental documentation under the NCEPA is not required:

(1) Approval of:

(a) installation of utilities along or across a transportation facility;

(b) grade separated crossings of highways by railroads or highway; or

(2) Construction of bicycle and pedestrian lanes, paths, and facilities;

(3) Construction of safety projects such as guardrails, grooving, glare screen, safety barriers, and energy attenuators;

(4) Installation of noise barriers or alterations to existing public buildings to provide for noise reduction;

(5) Landscaping of highway, railroad, and rest area projects;

(6) Installation of fencing, signs, pavement markings, small passenger shelters, lighting, traffic signals, and railroad signal systems and warning devices;

(7) Repair, rehabilitation, or replacement of a highway or railway facility in general conformance with the original design and alignment, which is commenced immediately after the occurrence of a natural disaster or catastrophic failure, to restore the highway for the health, welfare, or safety of the public;

(8) Highway or railway modernization by means of the following activities, which involve less than a total of 10 cumulative acres of ground surface previously undisturbed by highway or railway construction, limited to a single project, noncontiguous to any other project making use of this provision:

(a) resurfacing, restoration, or reconstruction;

(b) adding lanes for travel, parking, weaving, turning, or climbing;

(d) adding shoulders or minor widening;

(e) adding or extending passing sidings;

(f) lengthening of railway spirals; or

(g) flattening of railway curves;

(9) Reconstruction of existing crossroad or railroad separations and existing stream crossings, including, but not limited to, pipes, culverts, and bridges;

(10) Approval of oversized and overweight permits;

(11) Approval of outdoor advertising permits;

(12) Maintenance or repair of the state highway or railway system to include work such as:

(a) Grading and stabilizing unpaved roads;

(b) Maintaining unpaved shoulders;

(d) Patching paved surfaces;

(e) Maintaining bridges;

(f) Removing snow and ice;

(g) Controlling erosion and vegetation growth;

(h) Manufacturing and stockpiling material;

(i) Paving secondary roads; and

(j) Timber and surfacing of rail lines;

(13) Assumption of maintenance of roads constructed by others;

(14) Making capital improvements constructed at an existing DOT facility that: exceed the threshold planning limits of Title 3 of the Superfund Amendments and Reauthorization

(a) Require less than one acre of exposed, erodible ground surface; and

(b) Require the use of structures which do not involve handling or storing hazardous materials which Act of 1986;

(15) Construction of a new two-lane highway in accordance with accepted design practices and DOT standards and specifications involving less than a total of 25 cumulative acres of ground surface limited to a single project, noncontiguous to any other project making use of this provision;

(16) Reconstructing, rehabilitating, resurfacing, or maintaining existing runways, taxiways, aircraft aprons, access roads, and automobile parking lots;

(17) Constructing, reconstructing, rehabilitating, or upgrading of lighting associated with runways, taxiways, and apron edges; visual approach aids; instrument approach aids; wind indicators; rotating beacons; obstruction lights; area lights; security lights; and the electrical distribution systems and control systems for such facilities;

(18) Construction of terminal buildings, railway stations, maintenance buildings, and hangars involving less than five acres of previously undisturbed ground;

(19) Acquiring property to meet Federal or State standards, requirements, or recommendations directly relating to aviation safety;

(20) Acquiring 10 acres or less of property for future airport development or future railroad development;

(21) Construction on existing airport property which has previously been disturbed by clearing, grubbing, or grading on land involving less than 10 acres of exposed, erodible ground surface;

(22) Planning airport projects to include master plans, noise and compatibility plans, preliminary construction project plans, and special planning studies such as economic impact studies;

(23) Rehabilitating, maintaining, and improving airport drainage systems on airport property to include landscaping and erosion control facilities involving less than five acres of previously undisturbed ground;

(24) Purchasing vehicles for mass transportation purposes;

(25) Maintaining and improving railroad track and bed in the existing right of way;

(26) Implementation of any project which qualifies as a "categorical exclusion" under the National Environmental Policy Act by one of the Agencies of the U.S. Department of Transportation;

(27) Acquisition and construction of wetland, stream, and endangered species mitigation sites;

(28) Remedial activities involving the removal, treatment or monitoring of soil or groundwater contamination pursuant to state or federal remediation guidelines; and.

(29) Other activities, not specifically described above, involving maintenance or repair needed to maintain the original function of an existing project or facility without expansion or change in use; sampling, monitoring, and related data-gathering activities; and construction or land-disturbing activities that impact less than five acres.

History

Authority G.S. 113A-9; 113A-11; 143B-10(j)
Temporary Adoption Eff. January 11, 2002
Eff. April 1, 2003
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

19A NCAC 02F .0103 Exceptions to Minimum Criteria

Any activity falling within the parameters of the minimum criteria set out in Rule .0102 of this Section shall not routinely be required to have environmental documentation under the NCEPA. However, the Secretary of Transportation or his designee shall determine if environmental documents are required in any case where a Division Director or Branch Manager makes one of the following findings as to a proposed activity:

(1) The proposed activity may have significant adverse effects on wetlands; surface waters such as rivers, streams, and estuaries; parklands, prime or unique agricultural lands; areas of recognized scenic, recreational, archaeological, or historical value; or would endanger the existence of a species identified on the Department of Interior's threatened and endangered species list.

(2) The proposed activity could cause changes in industrial, commercial, residential, agricultural, or silvicultural land use concentrations or distributions which would be expected to create significant adverse water quality, air quality, or ground water impacts; or have a significant adverse effect on long-term recreational benefits or shellfish, finfish, wildlife, or their natural habitats.

(3) The secondary or cumulative impacts of the proposed activity, which are not generally covered in the approval process, may result in a significant adverse impact to human health or the environment.

(4) The proposed activity is of such an unusual nature or has such widespread implications that an uncommon concern for its environmental effects has been expressed to the agency.

History

Authority G.S. 113A-9; 113A-11; 143B-10(j)
Temporary Adoption Eff. January 11, 2002
Eff. April 1, 2003
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

Chapter 03 Division of Motor Vehicles

Subchapter A

19A NCAC 03A .0101 Organization: Commissioner of Motor Vehicles

History

Status: repealed
Authority G.S. 20-1; 20-3; 20-39
Eff. July 1, 1978
Amended Eff. November 1, 1991; February 1, 1982
Repealed Eff. December 1, 1993.

19A NCAC 03A .0102 Reciprocity

History

Status: repealed
Authority G.S. 20-1; 20-4.1 through 20-4.12; 20-4.18 to 20.4-20
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03A .0103 Reciprocal Provisions

History

Status: repealed
Authority G.S. 20-1; 20-4.1 through 20-4.12; 20-4.18 to 20.4-20
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03A .0104 Legal Process

History

Status: repealed
Authority G.S. 1-105; 1-105.1; 20-1; 20-39
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. December 1, 1993.

19A NCAC 03A .0105 General Information

The following is general information about the Division of Motor Vehicles:

(1) The mailing address is 3101 Mail Service Center, Raleigh, North Carolina 27697-3101.

(2) The physical location is 1515 North Church Street, Rocky Mount, North Carolina 27804.

(3) The web page address is www.ncdmv.gov.

History

Authority G.S. 20-1; 20-2
Eff. November 1, 2021.

19A NCAC 03A .0201 Definitions

History

Status: repealed
Authority G.S. 20-1; 20-4.1; 20-7; 20-9; 20-10; 20-122.1; 20-124; 20-125.1; 20-127(a),(c); 20-129; 20-131; 20-154(b); 20-215.1; 20-215.2; 20-215.4; 20-215.5
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. November 1, 1991.

19A NCAC 03A .0202 Qualifications of Operators

History

Status: repealed
Authority G.S. 20-1; 20-4.1; 20-7; 20-9; 20-10; 20-122.1; 20-124; 20-125.1; 20-127(a),(c); 20-129; 20-131; 20-154(b); 20-215.1; 20-215.2; 20-215.4; 20-215.5
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. November 1, 1991.

19A NCAC 03A .0203 Driving of Motor Vehicles

History

Status: repealed
Authority G.S. 20-1; 20-4.1; 20-7; 20-9; 20-10; 20-122.1; 20-124; 20-125.1; 20-127(a),(c); 20-129; 20-131; 20-154(b); 20-215.1; 20-215.2; 20-215.4; 20-215.5
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. November 1, 1991.

19A NCAC 03A .0204 Accessories Necessary for Safe Operation

History

Status: repealed
Authority G.S. 20-1; 20-4.1; 20-7; 20-9; 20-10; 20-122.1; 20-124; 20-125.1; 20-127(a),(c); 20-129; 20-131; 20-154(b); 20-215.1; 20-215.2; 20-215.4; 20-215.5
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. November 1, 1991.

19A NCAC 03A .0205 Hours of Service of Drivers: Maximum Driving Time

History

Status: repealed
Authority G.S. 20-1; 20-4.1; 20-7; 20-9; 20-10; 20-122.1; 20-124; 20-125.1; 20-127(a),(c); 20-129; 20-131; 20-154(b); 20-215.1; 20-215.2; 20-215.4; 20-215.5
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. November 1, 1991.

19A NCAC 03A .0206 Inspection and Maintenance of Motor Vehicles

History

Status: repealed
Authority G.S. 20-1; 20-4.1; 20-7; 20-9; 20-10; 20-122.1; 20-124; 20-125.1; 20-127(a),(c); 20-129; 20-131; 20-154(b); 20-215.1; 20-215.2; 20-215.4; 20-215.5
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. November 1, 1991.

19A NCAC 03A .0207 Lighting Equipment

History

Status: repealed
Authority G.S. 20-1; 20-4.1; 20-7; 20-9; 20-10; 20-122.1; 20-124; 20-125.1; 20-127(a),(c); 20-129; 20-131; 20-154(b); 20-215.1; 20-215.2; 20-215.4; 20-215.5
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. November 1, 1991.

19A NCAC 03A .0208 Brakes

History

Status: repealed
Authority G.S. 20-1; 20-4.1; 20-7; 20-9; 20-10; 20-122.1; 20-124; 20-125.1; 20-127(a),(c); 20-129; 20-131; 20-154(b); 20-215.1; 20-215.2; 20-215.4; 20-215.5
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. November 1, 1991.

19A NCAC 03A .0209 Warning Devices

History

Status: repealed
Authority G.S. 20-1; 20-4.1; 20-7; 20-9; 20-10; 20-122.1; 20-124; 20-125.1; 20-127(a),(c); 20-129; 20-131; 20-154(b); 20-215.1; 20-215.2; 20-215.4; 20-215.5
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. November 1, 1991.

19A NCAC 03A .0210 Emergency Equipment: Supplies: Etc.

History

Status: repealed
Authority G.S. 20-1; 20-4.1; 20-7; 20-9; 20-10; 20-122.1; 20-124; 20-125.1; 20-127(a),(c); 20-129; 20-131; 20-154(b); 20-215.1; 20-215.2; 20-215.4; 20-215.5
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. November 1, 1991.

19A NCAC 03A .0211 Exhaust System

History

Status: repealed
Authority G.S. 20-1; 20-4.1; 20-7; 20-9; 20-10; 20-122.1; 20-124; 20-125.1; 20-127(a),(c); 20-129; 20-131; 20-154(b); 20-215.1; 20-215.2; 20-215.4; 20-215.5
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. November 1, 1991.

19A NCAC 03A .0212 First Aid Equipment and Supplies

History

Status: repealed
Authority G.S. 20-1; 20-4.1; 20-7; 20-9; 20-10; 20-122.1; 20-124; 20-125.1; 20-127(a),(c); 20-129; 20-131; 20-154(b); 20-215.1; 20-215.2; 20-215.4; 20-215.5
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. November 1, 1991.

19A NCAC 03A .0213 Rear View Mirror

History

Status: repealed
Authority G.S. 20-1; 20-4.1; 20-7; 20-9; 20-10; 20-122.1; 20-124; 20-125.1; 20-127(a),(c); 20-129; 20-131; 20-154(b); 20-215.1; 20-215.2; 20-215.4; 20-215.5
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. November 1, 1991.

19A NCAC 03A .0214 Steering Mechanism

History

Status: repealed
Authority G.S. 20-1; 20-4.1; 20-7; 20-9; 20-10; 20-122.1; 20-124; 20-125.1; 20-127(a),(c); 20-129; 20-131; 20-154(b); 20-215.1; 20-215.2; 20-215.4; 20-215.5
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. November 1, 1991.

19A NCAC 03A .0215 Directional Signals

History

Status: repealed
Authority G.S. 20-1; 20-4.1; 20-7; 20-9; 20-10; 20-122.1; 20-124; 20-125.1; 20-127(a),(c); 20-129; 20-131; 20-154(b); 20-215.1; 20-215.2; 20-215.4; 20-215.5
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. November 1, 1991.

19A NCAC 03A .0216 Windshield Wiper: Windshield: Side and Rear Glasses

History

Status: repealed
Authority G.S. 20-1; 20-4.1; 20-7; 20-9; 20-10; 20-122.1; 20-124; 20-125.1; 20-127(a),(c); 20-129; 20-131; 20-154(b); 20-215.1; 20-215.2; 20-215.4; 20-215.5
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. November 1, 1991.

19A NCAC 03A .0217 Penalties: Violation of Regulations a Misdemeanor

History

Status: repealed
Authority G.S. 20-1; 20-4.1; 20-7; 20-9; 20-10; 20-122.1; 20-124; 20-125.1; 20-127(a),(c); 20-129; 20-131; 20-154(b); 20-215.1; 20-215.2; 20-215.4; 20-215.5
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. November 1, 1991.

19A NCAC 03A .0218 Motor Vehicles Transporting Migratory Farm Workers

History

Status: repealed
Authority G.S. 20-1; 20-4.1; 20-7; 20-9; 20-10; 20-122.1; 20-124; 20-125.1; 20-127(a),(c); 20-129; 20-131; 20-154(b); 20-215.1; 20-215.2; 20-215.4; 20-215.5
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. November 1, 1991.

Subchapter B

19A NCAC 03B .0101 Purpose

This Section provides information on the following:

(1) the four tests that may be required of an applicant for a driver's license;

(2) the medical evaluation program;

(3) driving records;

(4) classified driver's license.

History

Authority G.S. 20-1; 20-7(a) to (e); 20-9; 20-15; 20-17.1; 20-24; 20-26; 20-27; 20-39; 111-28
Eff. July 1, 1978
Amended Eff. June 5, 1981
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03B .0102 Definitions

History

Status: repealed
Authority G.S. 20-4.01; 20-7(c)
Eff. July 1, 1978
Amended Eff. June 5, 1981
Repealed Eff. July 1, 1982.

19A NCAC 03B .0103 Forms

History

Status: repealed
Authority G.S. 20-7; 20-39
Eff. July 1, 1978
Amended Eff. November 1, 1991; June 5, 1981
Repealed Eff. November 1, 2021.

19A NCAC 03B .0104 Re-Examination for Traffic Violations

History

Status: repealed
Authority G.S. 20-1; 20-7; 20-7.1; 20-7(f),(l),(n); 20-8(1) to (7); 20-9(a) to (f); 20-10; 20-11(a) to (c); 20-12; 20-15(a),(b); 20-29.1; 20-37.1; 20-37.7(a) to (h)
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0105 Re-Examination May Be Required

History

Status: repealed
Authority G.S. 20-1; 20-7; 20-7.1; 20-7(f),(l),(n); 20-8(1) to (7); 20-9(a) to (f); 20-10; 20-11(a) to (c); 20-12; 20-15(a),(b); 20-29.1; 20-37.1; 20-37.7(a) to (h)
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0106 Special Operator's License

History

Status: repealed
Authority G.S. 20-1; 20-7; 20-7.1; 20-7(f),(l),(n); 20-8(1) to (7); 20-9(a) to (f); 20-10; 20-11(a) to (c); 20-12; 20-15(a),(b); 20-29.1; 20-37.1; 20-37.7(a) to (h)
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0107 Temporary Learner's Permits

History

Status: repealed
Authority G.S. 20-1; 20-7; 20-7.1; 20-7(f),(l),(n); 20-8(1) to (7); 20-9(a) to (f); 20-10; 20-11(a) to (c); 20-12; 20-15(a),(b); 20-29.1; 20-37.1; 20-37.7(a) to (h)
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0108 Description

History

Status: repealed
Authority G.S. 20-1; 20-7; 20-7.1; 20-7(f),(l),(n); 20-8(1) to (7); 20-9(a) to (f); 20-10; 20-11(a) to (c); 20-12; 20-15(a),(b); 20-29.1; 20-37.1; 20-37.7(a) to (h)
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0109 Minors

History

Status: repealed
Authority G.S. 20-1; 20-7; 20-7.1; 20-7(f),(l),(n); 20-8(1) to (7); 20-9(a) to (f); 20-10; 20-11(a) to (c); 20-12; 20-15(a),(b); 20-29.1; 20-37.1; 20-37.7(a) to (h)
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0110 Duplicate License Fee

History

Status: repealed
Authority G.S. 20-1; 20-7; 20-7.1; 20-7(f),(l),(n); 20-8(1) to (7); 20-9(a) to (f); 20-10; 20-11(a) to (c); 20-12; 20-15(a),(b); 20-29.1; 20-37.1; 20-37.7(a) to (h)
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0111 Exemptions from License Requirements

History

Status: repealed
Authority G.S. 20-1; 20-7; 20-7.1; 20-7(f),(l),(n); 20-8(1) to (7); 20-9(a) to (f); 20-10; 20-11(a) to (c); 20-12; 20-15(a),(b); 20-29.1; 20-37.1; 20-37.7(a) to (h)
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0112 Age Limits

History

Status: repealed
Authority G.S. 20-1; 20-7; 20-7.1; 20-7(f),(l),(n); 20-8(1) to (7); 20-9(a) to (f); 20-10; 20-11(a) to (c); 20-12; 20-15(a),(b); 20-29.1; 20-37.1; 20-37.7(a) to (h)
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0113 Persons Not to Be Licensed

History

Status: repealed
Authority G.S. 20-1; 20-7; 20-7.1; 20-7(f),(l),(n); 20-8(1) to (7); 20-9(a) to (f); 20-10; 20-11(a) to (c); 20-12; 20-15(a),(b); 20-29.1; 20-37.1; 20-37.7(a) to (h)
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0114 Address Change

History

Status: repealed
Authority G.S. 20-1; 20-7; 20-7.1; 20-7(f),(l),(n); 20-8(1) to (7); 20-9(a) to (f); 20-10; 20-11(a) to (c); 20-12; 20-15(a),(b); 20-29.1; 20-37.1; 20-37.7(a) to (h)
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0115 Public Passenger Driver's Age Limit

History

Status: repealed
Authority G.S. 20-1; 20-7; 20-7.1; 20-7(f),(l),(n); 20-8(1) to (7); 20-9(a) to (f); 20-10; 20-11(a) to (c); 20-12; 20-15(a),(b); 20-29.1; 20-37.1; 20-37.7(a) to (h)
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0116 Cancellation for Incorrect Information

History

Status: repealed
Authority G.S. 20-1; 20-7; 20-7.1; 20-7(f),(l),(n); 20-8(1) to (7); 20-9(a) to (f); 20-10; 20-11(a) to (c); 20-12; 20-15(a),(b); 20-29.1; 20-37.1; 20-37.7(a) to (h)
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0117 Special Identification Card

History

Status: repealed
Authority G.S. 20-1; 20-7; 20-7.1; 20-7(f),(l),(n); 20-8(1) to (7); 20-9(a) to (f); 20-10; 20-11(a) to (c); 20-12; 20-15(a),(b); 20-29.1; 20-37.1; 20-37.7(a) to (h)
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0118 Forms on File

History

Status: repealed
Authority G.S. 20-1; 20-7; 20-7.1; 20-7(f),(l),(n); 20-8(1) to (7); 20-9(a) to (f); 20-10; 20-11(a) to (c); 20-12; 20-15(a),(b); 20-29.1; 20-37.1; 20-37.7(a) to (h)
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0119 Fee for Driver Improvement Clinic

History

Status: expired
Authority G.S. 20-1; 20-16(c); 20-16(e); 20-39
Eff. October 1, 1982
Amended Eff. November 1, 1991
Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03B .0201 Driver's License Examination and Online Renewal

(a) The Division shall issue a driver's license to any person who is eligible under G.S. 20 and completes the following requirements:

(1) The Knowledge Examination, which is an automated computer examination that tests the applicant's knowledge of rules of the road. An audio component allows applicants with reading comprehension difficulties to listen to the test questions by use of earphones. Eighty percent of the questions shall be answered correctly to pass. For the issuance of a remote renewal, the requirement of a knowledge examination shall be waived.

(2) The Road Sign Examination, which tests the applicant's knowledge of highway signs and their meanings. Applicants for a regular Class C license shall correctly identify 9 of 12 road signs. Applicants for A or B licenses shall correctly identify all road signs. For the issuance of a remote renewal, the requirement of the road signs test shall be waived.

(3) The Visual Acuity Test, which examines an applicant's visual ability to identify letters or symbols from a specific distance. The applicant's vision shall be 20/40 or better in at least one eye to receive an unrestricted license. A license shall be restricted to require corrective lenses if acuity is less than 20/40 in either eye or both eyes together.

(4) The Road Test, which measures the applicant's ability to operate a motor vehicle safely in actual traffic situations. The required maneuvers are: quick stop, turnabout, backing, approach corner, right turns, left turns, traffic lights, use of vehicle operating equipment, starts, use of lanes, use of brakes, following, and paying attention. Pass or failure is based upon the applicant's ability to execute the required maneuvers. The test is scored by the driver license examiner. For the issuance of a remote renewal, the requirement of a road test shall be waived.

(5) The Remote Renewal allows drivers to remotely renew a driver's license by mail or electronic device. Eligible applicants who wish to renew remotely by electronic means, may go to www.ncdot.gov/dmv and submit responses to a series of automated questions that guide applicants through the online renewal process. A driver's license issued by remote renewal expires in accordance with G.S. 20-7(f)(6)c.

(6) The Attestation supports application for a remote renewal to affirm the following as part of the remote renewal process:

(A) The applicant is a resident of North Carolina;

(B) The license holder's name as it appears on the license to be renewed has not changed;

(D) The applicant knows of no change in his or her vision since the last time the applicant passed the visual acuity test in Subparagraph (a)(3) of this Rule that would impair the applicant's ability to safely drive a motor vehicle; and

(E) That no change in physical or mental abilities has occurred since the last issuance.

(7) If the applicant has an existing DMV photo on file, no additional photographs are required and the requirements in G.S. 20-7(n)(4) shall be waived for a remote renewal.

(8) Upon completion of the remote renewal process, the license shall be renewed if all criteria in G.S. 20-7 are met. The applicant shall use the current license for all driver license purposes until the license becomes invalid for some other reason, or receipt of the new license card.

(b) The tests contained in Paragraph (a) of this Rule shall be administered as follows:

(1) Applicants applying for a driver's license for the first time shall complete the full examination to include the knowledge examination, road signs test, visual acuity test, and road test. Applicants in this Subparagraph are not eligible to apply for remote renewal.

(2) Applicants seeking to renew a valid, unexpired North Carolina driver's license shall complete the road signs test and visual acuity test, unless the applicant is renewing remotely. Applicants possessing a previously issued North Carolina driver's license, expired less than two years, shall complete the road signs test and visual acuity test. An applicant shall attest during the application for a remote driver license renewal that the applicant knows of no change in his or her vision as set out in Part (a)(6)(D) of this Rule.

(3) Applicants possessing a previously issued North Carolina driver's license expired greater than two years shall complete the full examination, to include the knowledge examination, road signs test, visual acuity test, and road test. Applicants in this Subparagraph are not eligible to apply for remote renewal.

(4) Applicants seeking to transfer their current driver's license from another state or applicants possessing a driver's license issued by another state that is expired less than two years shall complete the road signs test and visual acuity test. Applicants in this Subparagraph are not eligible to apply for remote renewal.

(5) Applicants with a driver's license issued by another state, expired more than two years, shall complete the full examination, to include the knowledge examination, road signs test, visual acuity test, and road test. Applicants in this Subparagraph are not eligible to apply for remote renewal.

History

Authority G.S. 20-2; 20-7(a),(c),(f); 20-39; s. 34.8(a), 34.8(b)
Eff. July 1, 1978
Amended Eff. May 4, 2015; May 1, 2014; December 1, 1993; July 1, 1982; June 5, 1981
Emergency Amendment Eff. July 22, 2020 to expire pursuant to S.L. 2020-97, s. 3.20, expiration extended pursuant to S.L. 2021-13
Readopted Eff. November 1, 2021.

19A NCAC 03B .0202 Medical Condition Referral

History

Status: repealed
Authority G.S. 20-1; 20-9(a) to (h); 20-9(1) to (4); 20-9(4)(a) to (h); 20-15; 20-17.1(a) to (f); 111-28
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0203 Medical Review Board

History

Status: repealed
Authority G.S. 20-1; 20-9(a) to (h); 20-9(1) to (4); 20-9(4)(a) to (h); 20-15; 20-17.1(a) to (f); 111-28
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0301 Acute or Chronic Illnesses

History

Status: repealed
Authority G.S. 20-2(b); 20-9; 20-17.1
Eff. July 1, 1978
Amended Eff. November 1, 1991; June 5, 1981
Repealed Eff. November 1, 2021.

19A NCAC 03B .0302 Negligent Drivers

History

Status: repealed
Authority G.S. 20-1; 20-4; 20-4.20; 20-7; 20-7(i)(l); 20-9; 20-16(a)(2); 20-16(a)(4) to (10); 20-16(a)(7); 20-16(a)(10a); 20-16(a)(11); 20-16(c); 20-16(d); 20-16.1; 20-16.2; 20-16.2(a)(1 to 4); 20-16.2(b) to (h); 20-16.3; 20-17.1; 20-17(1) to (4),(6) to (8); 20-19(d) to (f); 20-23; 20-23.1; 20-23.2; 20-24; 20-25; 20-28; 20-28.1; 20-141.3(a),(b),(e); S.L. 1977, c. 243
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0303 Driver Improvement Clinic

History

Status: repealed
Authority G.S. 20-1; 20-4; 20-4.20; 20-7; 20-7(i)(l); 20-9; 20-16(a)(2); 20-16(a)(4) to (10); 20-16(a)(7); 20-16(a)(10a); 20-16(a)(11); 20-16(c); 20-16(d); 20-16.1; 20-16.2; 20-16.2(a)(1 to 4); 20-16.2(b) to (h); 20-16.3; 20-17.1; 20-17(1) to (4),(6) to (8); 20-19(d) to (f); 20-23; 20-23.1; 20-23.2; 20-24; 20-25; 20-28; 20-28.1; 20-141.3(a),(b),(e); S.L. 1977, c. 243
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0304 Mandatory Suspension

History

Status: repealed
Authority G.S. 20-1; 20-4; 20-4.20; 20-7; 20-7(i)(l); 20-9; 20-16(a)(2); 20-16(a)(4) to (10); 20-16(a)(7); 20-16(a)(10a); 20-16(a)(11); 20-16(c); 20-16(d); 20-16.1; 20-16.2; 20-16.2(a)(1 to 4); 20-16.2(b) to (h); 20-16.3; 20-17.1; 20-17(1) to (4),(6) to (8); 20-19(d) to (f); 20-23; 20-23.1; 20-23.2; 20-24; 20-25; 20-28; 20-28.1; 20-141.3(a),(b),(e); S.L. 1977, c. 243
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0305 Noncompliance

History

Status: repealed
Authority G.S. 20-1; 20-4; 20-4.20; 20-7; 20-7(i)(l); 20-9; 20-16(a)(2); 20-16(a)(4) to (10); 20-16(a)(7); 20-16(a)(10a); 20-16(a)(11); 20-16(c); 20-16(d); 20-16.1; 20-16.2; 20-16.2(a)(1 to 4); 20-16.2(b) to (h); 20-16.3; 20-17.1; 20-17(1) to (4),(6) to (8); 20-19(d) to (f); 20-23; 20-23.1; 20-23.2; 20-24; 20-25; 20-28; 20-28.1; 20-141.3(a),(b),(e); S.L. 1977, c. 243
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0306 Chemical Test Refusal

History

Status: repealed
Authority G.S. 20-1; 20-4; 20-4.20; 20-7; 20-7(i)(l); 20-9; 20-16(a)(2); 20-16(a)(4) to (10); 20-16(a)(7); 20-16(a)(10a); 20-16(a)(11); 20-16(c); 20-16(d); 20-16.1; 20-16.2; 20-16.2(a)(1 to 4); 20-16.2(b) to (h); 20-16.3; 20-17.1; 20-17(1) to (4),(6) to (8); 20-19(d) to (f); 20-23; 20-23.1; 20-23.2; 20-24; 20-25; 20-28; 20-28.1; 20-141.3(a),(b),(e); S.L. 1977, c. 243
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0307 Revocations

History

Status: repealed
Authority G.S. 20-1; 20-4; 20-4.20; 20-7; 20-7(i)(l); 20-9; 20-16(a)(2); 20-16(a)(4) to (10); 20-16(a)(7); 20-16(a)(10a); 20-16(a)(11); 20-16(c); 20-16(d); 20-16.1; 20-16.2; 20-16.2(a)(1 to 4); 20-16.2(b) to (h); 20-16.3; 20-17.1; 20-17(1) to (4),(6) to (8); 20-19(d) to (f); 20-23; 20-23.1; 20-23.2; 20-24; 20-25; 20-28; 20-28.1; 20-141.3(a),(b),(e); S.L. 1977, c. 243
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0308 Driving While License Revoked or Suspended

History

Status: repealed
Authority G.S. 20-1; 20-4; 20-4.20; 20-7; 20-7(i)(l); 20-9; 20-16(a)(2); 20-16(a)(4) to (10); 20-16(a)(7); 20-16(a)(10a); 20-16(a)(11); 20-16(c); 20-16(d); 20-16.1; 20-16.2; 20-16.2(a)(1 to 4); 20-16.2(b) to (h); 20-16.3; 20-17.1; 20-17(1) to (4),(6) to (8); 20-19(d) to (f); 20-23; 20-23.1; 20-23.2; 20-24; 20-25; 20-28; 20-28.1; 20-141.3(a),(b),(e); S.L. 1977, c. 243
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0309 Prearranged Speed Competition

History

Status: repealed
Authority G.S. 20-1; 20-4; 20-4.20; 20-7; 20-7(i)(l); 20-9; 20-16(a)(2); 20-16(a)(4) to (10); 20-16(a)(7); 20-16(a)(10a); 20-16(a)(11); 20-16(c); 20-16(d); 20-16.1; 20-16.2; 20-16.2(a)(1 to 4); 20-16.2(b) to (h); 20-16.3; 20-17.1; 20-17(1) to (4),(6) to (8); 20-19(d) to (f); 20-23; 20-23.1; 20-23.2; 20-24; 20-25; 20-28; 20-28.1; 20-141.3(a),(b),(e); S.L. 1977, c. 243
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0310 Willful Speed Competition

History

Status: repealed
Authority G.S. 20-1; 20-4; 20-4.20; 20-7; 20-7(i)(l); 20-9; 20-16(a)(2); 20-16(a)(4) to (10); 20-16(a)(7); 20-16(a)(10a); 20-16(a)(11); 20-16(c); 20-16(d); 20-16.1; 20-16.2; 20-16.2(a)(1 to 4); 20-16.2(b) to (h); 20-16.3; 20-17.1; 20-17(1) to (4),(6) to (8); 20-19(d) to (f); 20-23; 20-23.1; 20-23.2; 20-24; 20-25; 20-28; 20-28.1; 20-141.3(a),(b),(e); S.L. 1977, c. 243
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0311 Motor Vehicle Conviction in Another State

History

Status: repealed
Authority G.S. 20-1; 20-4; 20-4.20; 20-7; 20-7(i)(l); 20-9; 20-16(a)(2); 20-16(a)(4) to (10); 20-16(a)(7); 20-16(a)(10a); 20-16(a)(11); 20-16(c); 20-16(d); 20-16.1; 20-16.2; 20-16.2(a)(1 to 4); 20-16.2(b) to (h); 20-16.3; 20-17.1; 20-17(1) to (4),(6) to (8); 20-19(d) to (f); 20-23; 20-23.1; 20-23.2; 20-24; 20-25; 20-28; 20-28.1; 20-141.3(a),(b),(e); S.L. 1977, c. 243
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0312 Privilege to Drive

History

Status: repealed
Authority G.S. 20-1; 20-4; 20-4.20; 20-7; 20-7(i)(l); 20-9; 20-16(a)(2); 20-16(a)(4) to (10); 20-16(a)(7); 20-16(a)(10a); 20-16(a)(11); 20-16(c); 20-16(d); 20-16.1; 20-16.2; 20-16.2(a)(1 to 4); 20-16.2(b) to (h); 20-16.3; 20-17.1; 20-17(1) to (4),(6) to (8); 20-19(d) to (f); 20-23; 20-23.1; 20-23.2; 20-24; 20-25; 20-28; 20-28.1; 20-141.3(a),(b),(e); S.L. 1977, c. 243
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0313 License Picked Up by Court

History

Status: repealed
Authority G.S. 20-1; 20-4; 20-4.20; 20-7; 20-7(i)(l); 20-9; 20-16(a)(2); 20-16(a)(4) to (10); 20-16(a)(7); 20-16(a)(10a); 20-16(a)(11); 20-16(c); 20-16(d); 20-16.1; 20-16.2; 20-16.2(a)(1 to 4); 20-16.2(b) to (h); 20-16.3; 20-17.1; 20-17(1) to (4),(6) to (8); 20-19(d) to (f); 20-23; 20-23.1; 20-23.2; 20-24; 20-25; 20-28; 20-28.1; 20-141.3(a),(b),(e); S.L. 1977, c. 243
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0314 Appeal to Court

History

Status: repealed
Authority G.S. 20-1; 20-4; 20-4.20; 20-7; 20-7(i)(l); 20-9; 20-16(a)(2); 20-16(a)(4) to (10); 20-16(a)(7); 20-16(a)(10a); 20-16(a)(11); 20-16(c); 20-16(d); 20-16.1; 20-16.2; 20-16.2(a)(1 to 4); 20-16.2(b) to (h); 20-16.3; 20-17.1; 20-17(1) to (4),(6) to (8); 20-19(d) to (f); 20-23; 20-23.1; 20-23.2; 20-24; 20-25; 20-28; 20-28.1; 20-141.3(a),(b),(e); S.L. 1977, c. 243
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0315 Restoration Fee

History

Status: repealed
Authority G.S. 20-1; 20-4; 20-4.20; 20-7; 20-7(i)(l); 20-9; 20-16(a)(2); 20-16(a)(4) to (10); 20-16(a)(7); 20-16(a)(10a); 20-16(a)(11); 20-16(c); 20-16(d); 20-16.1; 20-16.2; 20-16.2(a)(1 to 4); 20-16.2(b) to (h); 20-16.3; 20-17.1; 20-17(1) to (4),(6) to (8); 20-19(d) to (f); 20-23; 20-23.1; 20-23.2; 20-24; 20-25; 20-28; 20-28.1; 20-141.3(a),(b),(e); S.L. 1977, c. 243
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0316 Forms on File

History

Status: repealed
Authority G.S. 20-1; 20-4; 20-4.20; 20-7; 20-7(i)(l); 20-9; 20-16(a)(2); 20-16(a)(4) to (10); 20-16(a)(7); 20-16(a)(10a); 20-16(a)(11); 20-16(c); 20-16(d); 20-16.1; 20-16.2; 20-16.2(a)(1 to 4); 20-16.2(b) to (h); 20-16.3; 20-17.1; 20-17(1) to (4),(6) to (8); 20-19(d) to (f); 20-23; 20-23.1; 20-23.2; 20-24; 20-25; 20-28; 20-28.1; 20-141.3(a),(b),(e); S.L. 1977, c. 243
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0317 Habitual Offenders

History

Status: repealed
Authority G.S. 20-1; 20-4; 20-4.20; 20-7; 20-7(i)(l); 20-9; 20-16(a)(2); 20-16(a)(4) to (10); 20-16(a)(7); 20-16(a)(10a); 20-16(a)(11); 20-16(c); 20-16(d); 20-16.1; 20-16.2; 20-16.2(a)(1 to 4); 20-16.2(b) to (h); 20-16.3; 20-17.1; 20-17(1) to (4),(6) to (8); 20-19(d) to (f); 20-23; 20-23.1; 20-23.2; 20-24; 20-25; 20-28; 20-28.1; 20-141.3(a),(b),(e); S.L. 1977, c. 243
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0401 Convictions Reported by Court

History

Status: repealed
Authority G.S. 20-1; 20-24(a) to (d); 20-26(a)
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0402 Out of State Violation

History

Status: repealed
Authority G.S. 20-1; 20-24(a) to (d); 20-26(a)
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0403 Driving Records

History

Status: repealed
Authority G.S. 20-1; 20-26(b),(c); 20-39
Eff. July 1, 1978
Amended Eff. December 1, 1993; November 1, 1991; July 1, 1982
Repealed Eff. November 1, 2021.

19A NCAC 03B .0404 Records Available to Public

History

Status: repealed
Authority G.S. 20-1; 20-27
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0501 Forms: Driver Services Section

History

Status: repealed
Authority G.S. 20-1; 20-3
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0502 Forms on File

History

Status: repealed
Authority G.S. 20-1; 20-3
Eff. July 1, 1978
Repealed Eff. June 30, 1981.

19A NCAC 03B .0601 General Information

Where provisions of this Section .0600 (Classified Drivers' License) may be in conflict with the provisions of Section .0700 (Commercial Drivers' License) or those of 19A NCAC 03J (Rules and Regulations Governing the Licensing of Commercial Truck Driver Training Schools and Instructors), the provisions of Section .0700 and those of 19A NCAC 03J will prevail.

History

Authority G.S. 20-7; 20-39; S.L. 1979, c. 667, s. 40
Eff. June 5, 1981
Amended Eff. December 1, 1993; November 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03B .0602 Gross Vehicle Weight

(a) Gross vehicle weight shall be the actual weight of a vehicle as may be determined by weighing the vehicle at a permanent weigh station or by use of portable scales provided, however, that for the purposes of Article 2 of G.S. 20 the registered weight of the vehicle shall be considered the gross weight.

(b) Gross vehicle weight of motor vehicles bearing permanent registration plates or other plates for which no weight is required to be shown on the registration card shall be the actual scale weight of the vehicle provided, however, for the purposes of Article 2 of G.S. 20 the gross vehicle weight of any single motor vehicle so registered having three axles or more and designed as a property hauling vehicle shall be deemed to be over 30,000 pounds.

History

Authority 20-39; S.L. 1979, c. 667, s. 40
Eff. June 5, 1981
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03B .0603 Company Administered Road Test and Certification

History

Status: expired
Authority G.S. 20-7(c); 20-39
Eff. June 5, 1981
Amended Eff. December 1, 1993; July 1, 1981
Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03B .0604 Definitions

History

Status: expired
Authority G.S. 20-4.01; 20-7(c); 20-321
Eff. July 1, 1982
Amended Eff. December 1, 1993
Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03B .0605 Request for Program Approval

History

Status: repealed
Authority G.S. 20-7(c)
Eff. July 1, 1982
Repealed Eff. December 1, 1993.

19A NCAC 03B .0606 Company Certification Criteria

History

Status: repealed
Authority G.S. 20-7(c)
Eff. July 1, 1982
Repealed Eff. December 1, 1993.

19A NCAC 03B .0607 Company Certification

History

Status: repealed
Authority G.S. 20-7(c)
Eff. July 1, 1982
Repealed Eff. December 1, 1993.

19A NCAC 03B .0608 Company Road Test Certificate

History

Status: expired
Authority G.S. 20-7(c); 20-39
Eff. July 1, 1982
Amended Eff. December 1, 1993
Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03B .0609 Company or Examiner Change in Status

History

Status: expired
Authority G.S. 20-7(c); 20-39
Eff. July 1, 1982
Amended Eff. December 1, 1993
Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03B .0610 Reports by Company or Its Employees

History

Status: repealed
Authority G.S. 20-7(c)
Eff. July 1, 1982
Repealed Eff. December 1, 1993.

19A NCAC 03B .0611 Company Examiner Requirements and Duties

History

Status: repealed
Authority G.S. 20-7(c)
Eff. July 1, 1982
Repealed Eff. December 1, 1993.

19A NCAC 03B .0612 Road Testing of Company Employees for Classified License

History

Status: expired
Authority G.S. 20-7; 20-7(c); 20-39; 20-321; 20-322; 20-323; 20-324; S.L. 1979, Ch. 667, s. 40
Eff. July 1, 1982
Amended Eff. January 1, 1994; December 1, 1993
Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03B .0613 Revocation or Suspension of a Company or Company Examiners

History

Status: expired
Authority G.S. 20-7; 20-7(c); 20-39; 20-321; 20-322; 20-323; 20-324; S.L. 1979, Ch. 667, s. 40
Eff. July 1, 1982
Amended Eff. January 1, 1994; December 1, 1993
Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03B .0614 Application for Commercial School or Community College

History

Status: expired
Authority G.S. 20-7; 20-7(c); 20-39; 20-321; 20-322; 20-323; 20-324; S.L. 1979, Ch. 667, s. 40
Eff. July 1, 1982
Amended Eff. January 1, 1994; December 1, 1993
Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03B .0615 Criteria: Commercial School or Community College Approval

History

Status: expired
Authority G.S. 20-7; 20-7(c); 20-39; 20-321; 20-322; 20-323; 20-324; S.L. 1979, Ch. 667, s. 40
Eff. July 1, 1982
Amended Eff. January 1, 1994; December 1, 1993
Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03B .0616 Approval: Commercial School: Community College Instructors

History

Status: expired
Authority G.S. 20-7; 20-7(c); 20-39; 20-321; 20-322; 20-323; 20-324; S.L. 1979, Ch. 667, s. 40
Eff. July 1, 1982
Amended Eff. January 1, 1994; December 1, 1993
Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03B .0617 Commercial School: Employee Recertification Requirements

History

Status: expired
Authority G.S. 20-7; 20-7(c); 20-39; 20-321; 20-322; 20-323; 20-324; S.L. 1979, Ch. 667, s. 40
Eff. July 1, 1982
Amended Eff. January 1, 1994; December 1, 1993
Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03B .0618 Advertising by Schools

History

Status: expired
Authority G.S. 20-7; 20-7(c); 20-39; 20-321; 20-322; 20-323; 20-324; S.L. 1979, Ch. 667, s. 40
Eff. July 1, 1982
Amended Eff. January 1, 1994; December 1, 1993
Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03B .0619 Inspection of Schools

History

Status: expired
Authority G.S. 20-7; 20-7(c); 20-39; 20-321; 20-322; 20-323; 20-324; S.L. 1979, Ch. 667, s. 40
Eff. July 1, 1982
Amended Eff. January 1, 1994; December 1, 1993
Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03B .0620 Grounds for Revocation or Denial/Cert. of a Co./Licensing of a School

History

Status: expired
Authority G.S. 20-7; 20-7(c); 20-39; 20-321; 20-322; 20-323; 20-324; S.L. 1979, Ch. 667, s. 40
Eff. July 1, 1982
Amended Eff. January 1, 1994; December 1, 1993
Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03B .0621 Denial/Revocation: Company Examiner: School Instructor

History

Status: expired
Authority G.S. 20-7; 20-7(c); 20-39; 20-321; 20-322; 20-323; 20-324; S.L. 1979, Ch. 667, s. 40
Eff. July 1, 1982
Amended Eff. January 1, 1994; December 1, 1993
Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03B .0701 General Information

(a) The purpose of the rules in this Section is to establish policies and procedures to permit persons other than employees of the North Carolina Division of Motor Vehicles to conduct the skills test required of commercial driver license applicants.

(b) Authority to administer skills tests will be granted only to Third Party Testers under agreement with the North Carolina Division of Motor Vehicles and utilizing Third Party Examiners recognized and deemed qualified by the North Carolina Division of Motor Vehicles.

History

Authority G.S. 20-37.22
Eff. September 1, 1990
Amended Eff. December 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03B .0702 Definitions

The following definitions shall apply for purposes of the rules of this Section:

(1) "Division" means the North Carolina Division of Motor Vehicles.

(2) "Commissioner" means the North Carolina Commissioner of Motor Vehicles.

(3) "CDL" means Commercial Drivers License.

(4) "FHWA" means the Federal Highway Administration.

(5) "FMCSR" means the Federal Motor Carrier Safety Regulations promulgated by the U.S. Department of Transportation as set forth in 49 CFR Part 383, Subparts F, G, and H, which are hereby incorporated by reference, including subsequent amendments and editions, and can be found at no cost at www.fmcsa.dot.gov/regulations.

(6) "Approved Testing Program" means the skills tests as required by FMCSR that is administered by a Third Party Tester.

(7) "Tester Certificate" means the document issued to a Third Party Tester authorizing him or her to administer the approved testing program on behalf of the Division.

(8) "Third Party Tester" means a government entity, association, educational institution, or business entity engaged in the use of commercial motor vehicles, licensed by the Division to administer the approved testing program for CDL applicants in accordance with these Rules.

(9) "Third Party Examiner" means an individual who is a payroll employee of a Third Party Tester and who has been issued an examiner certificate to conduct the skills tests required for a CDL.

History

Authority G.S. 20-37.22
Eff. September 1, 1990
Readopted Eff. November 1, 2021.

19A NCAC 03B .0703 Requirements for Third Party Testers

(a) To be certified as a Third Party Tester a person must:

(1) apply in accordance with Rule .0706 of this Section and enter into an agreement with the Division in accordance with 49 CFR 383.75;

(2) maintain a place of business with at least one occupied structure within the state of North Carolina;

(3) have at least one certified Third Party Examiner in its employ;

(4) allow FHWA, its representatives, and the Division to conduct random examinations, inspections, and audits without prior notice;

(5) allow the Division to conduct periodic, but at least annual on-site inspections;

(6) maintain at each third party testing location, for a minimum of two years, a record of each driver for whom the Third Party Tester conducts a skills test, whether the driver passes or fails the test. Each such record shall include:

(A) the complete name and address of the driver;

(B) the driver's social security number, driver's license number, and the name of the state or jurisdiction that issued the license held by the driver at the time of the test;

(D) the test score sheets showing the results of the test;

(E) the name and identification number of the Third Party Examiner conducting the skills test;

(F) the record of all receipts and disbursements;

(G) the make, model, and registration number of the commercial motor vehicles used to conduct the testing; and

(H) the written contract or copy, if applicable, with any person or group of persons being tested.

(7) maintain at each approved testing location, a record of each Third Party Examiner in the employ of the Third Party Tester at that location. Each record shall include:

(A) a valid Examiner Certificate indicating the Examiner at that location;

(B) a copy of the Third Party Examiner's current driving record, that shall be updated annually; and

(8) retain all Third Party Examiner records for at least two years after the Third Party Examiner leaves the employ of the Third Party Tester;

(9) ensure that the skills tests are conducted in accordance with the requirements of this Section;

(11) to maintain certification the Third Party Tester must administer skills tests to a minimum of 10 different driver annually in accordance with the requirements of 49 CFR383.75(c), which is hereby incorporated by reference including subsequent amendments and editions and can be found at no cost at www.fmcsa.dot.gov/regulations.

(b) In addition to the requirements listed in Paragraph (a) of this Rule, all Third Party Testers who are not governmental entities or associations must:

(1) Truck and Bus Companies:

(A) employ at least 25 full-time, part-time, or seasonal North Carolina commercial motor vehicle licensed drivers;

(B) employ an individual who is responsible for the organization's third party testing operation; and

(C) have been in operation in North Carolina a minimum of six months. If the truck or bus company has been in operation less than six months under the current company name, the company shall identify previous company names to cover the six-month period.

(2) Educational Institutions have a commercial motor vehicle training program in operation in North Carolina for a minimum of six months.

History

Authority G.S. 20-37.13; 20-37.22
Eff. September 1, 1990
Amended Eff. August 1, 1994; December 1, 1993
Readopted Eff. November 1, 2021.

19A NCAC 03B .0704 Requirements for Third Party Examiners

(a) Third Party Examiners may conduct skills tests on behalf of only one Third Party Tester at any given time. If a Third Party Examiner leaves the employ of a Third Party Tester he or she must reapply to conduct tests on behalf of a new Third Party Tester.

(b) To qualify as a Third Party Examiner, an individual must:

(1) apply on a form provided and sent to the applicant via email by the Division as set forth in Rule .0707 of this Section;

(2) be a payroll employee of the Third Party Tester;

(3) possess a valid North Carolina Driver's License with classification and endorsements required for operation of the class and type of commercial motor vehicle used in the skills tests conducted by the Examiner;

(4) have completed the Third Party Examiner CDL Training Course conducted by the Division. At a minimum upon completion of the training the Third Party Examiner shall have acquired and demonstrated the following knowledge and skills:

(A) understanding of G.S. 20 Article 2C and the rules adopted pursuant thereto;

(B) knowledge of the CDL testing procedures and forms;

(D) knowledge of testing site and route requirements.

(5) take part in all Division required advanced training courses, workshops and seminars;

(6) within 10 years prior to application have had no convictions for Driving While Impaired (DWI);

(7) within five years prior to application have had no driver's license suspensions, revocations, cancellations, or disqualifications;

(8) be at least 21 years of age; and

(9) conduct skills tests on behalf of the Third Party Tester, in accordance with these Rules and in accordance with current instructions provided by the Division.

History

Authority G.S. 20-37.13; 20-37.22
Eff. September 1, 1990
Amended Eff. August 1, 1994; December 1, 1993
Readopted Eff. November 1, 2021.

19A NCAC 03B .0705 Certificates

(a) A certificate shall be issued allowing the Third Party Tester to operate an approved testing program to give skills tests to applicants for a CDL as provided in Rule .0703 of this Section.

(b) An examiner certificate shall be issued to Third Party Examiners of the Third Party Tester as provided in Rule .0704 of this Section.

(c) A copy of the Examiner's Certificate shall be displayed in the office of the Third Party Tester. The Examiner's certificate shall be effective on the date of issuance and remain in effect unless the Examiner surrenders the certificate to the Division or until the certificate has been revoked or cancelled by the Division as provided in Rule .0716 of this Section.

(d) The certificate issued by the Division to operate a Third Party Testing Program shall be effective on the date of issuance and shall be displayed in the place of business of the Third Party Tester until cancelled or revoked as provided in Rule .0716 of this Section.

(e) A certificate to operate a Third Party Testing program shall be non-transferable.

History

Authority G.S. 20-37.13; 20-37.22
Eff. September 1, 1990
Readopted Eff. November 1, 2021.

19A NCAC 03B .0706 Application for Third Party Tester Certification

(a) Before any certificate is issued to a Third Party Tester, an application shall be made in writing to the Division on a form prepared and emailed to the applicant by the Division. The application shall include the information of the Third Party Tester applicant:

(1) the official name, address, and telephone number of the principal office or headquarters;

(2) name, title, address, and telephone number of the individual who has been designated the applicant's contact person;

(3) description of the type of organization that is applying that can include a governmental entity, association, motor carrier, or educational institution, as well as the length of time the organization has been in business in North Carolina, if applicable;

(4) a description of the vehicle fleet owned or leased by the applicant, including a complete equipment roster as listed for insurance purposes;

(5) the class of testing for which the applicant is applying;

(6) the total number of North Carolina licensed drivers employed to operate commercial motor vehicles, and the number of such drivers who are full-time, part-time, and seasonal;

(7) the name, driver's license number, social security number, and home address of those payroll employees who wish to be approved as Third Party Examiners; and

(8) proof of the Third Party Tester meets the insurance requirements as stated in Rule .0714(a) – (d) and set forth in G.S. 20-37.22.

(b) The address of each North Carolina location where the applicant intends to conduct the skills tests as well as a description of the off-road facilities including a map, drawing, or written description of the road test route that will be used for the on-road portion of the skills test.

(c) Educational institutions shall submit with their application a description of their facilities, equipment, and training curriculum. The number of applications for the previous year and the percent graduated must also be included.

(d) An applicant for a certificate for a Third Party Tester shall also execute an agreement form provided via email by the Division in which the applicant agrees, at a minimum, to comply with applicable CFRs, G.S. 20-37.13, and the rules of this Section for Third Party Tester, including audit procedures.

History

Authority G.S. 20-37.13; 20-37.22
Eff. September 1, 1990
Amended Eff. December 1, 1993
Readopted Eff. November 1, 2021.

19A NCAC 03B .0707 Application for Third Party Examiner Certification

Application for an Examiner Certificate shall be made on a form emailed by the Division. The form shall contain the following information of the Third Party Examiner applicant:

(1) the full name, home and business address, and telephone numbers;

(2) the driving history, including class of current license and any endorsements, and restrictions;

(3) the name, address, and telephone number of the applicant's employer who has applied for or received a certificate as a Third Party Tester; and

(4) the employer's recommendation of the applicant for and examiner certificate, as well as proof that the applicant is a payroll employee.

History

Authority G.S. 20-37.13; 20-37.22
Eff. September 1, 1990
Readopted Eff. November 1, 2021.

19A NCAC 03B .0708 Advertising

(a) No advertising shall indicate in any way that a program can issue or guarantee the issuance of a commercial driver's license or imply that the program can in any way influence the Division in the issuance of a commercial driver's license or imply that preferential or advantageous treatment from the Division can be obtained.

(b) No advertising shall show a telephone number unless it also shows a valid address for the principal place of business for the Third-Party Tester.

History

Authority G.S. 20-37.22
Eff. September 1, 1990
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03B .0709 On-Site Inspections and Audits

(a) All applicants for a Third Party Tester Certificate shall permit the FHWA or the Division to inspect and audit its operations, facilities, and records as they relate to its Third Party Testing program, for the purpose of determining whether the applicant is qualified to be certified.

(b) Third Party Testers who have been certified shall permit the Division or FHWA to periodically inspect and audit its Third Party Testing program to determine whether it remains in compliance with the certification requirements as provided in Rule .0706 of this Section;

(d) Inspections and audits shall include an examination of:

(1) records relating to Third Party Testing program;

(2) evidence of compliance with the FMCSRs;

(3) skills testing procedures practices and operations;

(4) vehicles used for testing;

(5) qualifications of Third Party Examiners;

(6) effectiveness of the skills test program by either testing a sample of drivers who have been issued skills test certificates by the Third Party Tester or having Division employees take the skills tests from a Third Party Examiner; and

(7) Any Third Party Tester's operation that the Division determines is necessary to verify that the Third Party Tester meets the requirements for the certification as set forth in Rule .0703 of this Section.

(e) The Division shall prepare a written report of each inspection and audit report of the results of each inspection and audit. A copy of the report shall be provided to the Third Party Tester.

History

Authority G.S. 20-37.13; 20-37.22
Eff. September 1, 1990
Amended Eff. December 1, 1993
Readopted Eff. November 1, 2021.

19A NCAC 03B .0710 Notification Requirements

(a) Third Party Tester must:

(1) Notify the Division in writing 30 days prior to any change in the Third-Party Tester's name or address.

(2) Notify the Division in writing within ten days of any change in:

(A) The Third-Party Examiners who are employed by the Third-Party Tester; and

(B) The driving status of any Third-Party Examiner.

(3) Notify the Division in writing within ten days of any of the following occurrences:

(A) The Third-Party Tester ceases business operations in North Carolina.

(B) The Third-Party Tester fails to comply with any of these Division requirements.

(C) Any Third-Party Examiner receives notice from the Division of their license suspension, revocation, disqualification, or cancellations or DWI conviction.

(D) Any Third-Party Examiner fails to comply with any of these Division requirements.

(4) Be recertified if a Third-Party Tester ceases operation and reopens for business.

(5) Be reinspected prior to administering road tests if a Third-Party Tester's business address changes.

(6) Request and obtain approval from the Division of any proposed changes in the skills test route, test content, or examiner/administrative procedures.

(b) Third Party Examiners shall notify the Division within ten days of leaving the employ of the Third-Party Tester and must be recertified by the Division before testing elsewhere.

History

Authority G.S. 20-37.22
Eff. September 1, 1990
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03B .0711 Evaluation of Applicants by the Division

(a) In order to determine whether a Third Party Tester applicant meets the certification requirements set forth in Rule .0703 of this Section, the Division shall review the materials submitted in accordance with Rule .0706 of this Section and shall schedule an on-site inspection and audit of the applicant's program.

(b) In order to determine whether a Third Party Examiner applicant meets the certification requirements as set forth in Rule .0704 of this Section, the Division shall review the materials submitted in accordance with Rule .0707 of this Section to include the applicant's driving record, qualification questionnaire, and certificate of training.

History

Authority G.S. 20-37.13; 20-37.22
Eff. September 1, 1990
Readopted Eff. November 1, 2021.

19A NCAC 03B .0712 Certification by the Division

(a) Upon successful application and evaluation, a Third-Party Tester will be issued a certificate which must be prominently displayed at the approved testing facility giving them the authority to administer a Third-Party Testing program for the classes and types of vehicles listed.

(b) Upon successful application, evaluation and training, a Third-Party Examiner will be issued a certificate which must be prominently displayed at the approved testing facility giving him/her the authority to conduct skills tests for the classes and types of commercial motor vehicles listed.

(c) Certificates will remain valid until canceled by the Division or voluntarily relinquished by the Third-Party Tester or Examiner.

History

Authority G.S. 20-37.22
Eff. September 1, 1990
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03B .0713 Professional Conduct

(a) No examiner, employee, or agent of the Third-Party Tester will be permitted to accompany any Commercial Driver License applicant into any examining office rented, leased, or owned by the Division for the purpose of taking a written or skills test driver examination given by the Division.

(b) No examiner, employee, or agent of the Third-Party Tester will be permitted to personally solicit any individual on the premises rented, leased, or owned by the Division for the purpose of enrolling that individual in any Third Party Testing program.

History

Authority G.S. 20-37.22
Eff. September 1, 1990
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03B .0714 Insurance Requirements

(a) All Third-Party Testers shall maintain bodily injury and property damage liability insurance on motor vehicles used in driving tests, insuring the liability of the testing program, the Examiner and any person taking tests in the amount required by state law.

(b) Evidence of such insurance coverage, in the form of a certificate from the insurance carrier, shall be filed by the Tester with the Division. The certificate shall stipulate that the insurance contract carried by the Tester provides for cancellation only upon 30 days prior written notice to the Division. The certificate shall include the make, model, year and motor or serial number of every vehicle covered by the policy.

(c) When a vehicle is added to, exchanged or deleted from coverage under a fleet insurance plan, the Third-Party Tester shall provide the Division a copy of a policy rider issued by the insurance carrier showing the addition or exchange, with complete descriptions of the vehicles involved.

(d) If the Third-Party Tester is self-insured, an appropriate certificate shall be filed with the Division.

History

Authority G.S. 20-37.22
Eff. September 1, 1990
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03B .0715 Test Administration

(a) Skills tests shall be conducted strictly in accordance with the provisions of these requirements and with current test instructions provided by the Division. Such instructions may include information on skills test content, route selection/revision, test forms, examiner procedures, and administrative procedures and/or changes.

(b) Skills test shall be conducted:

(1) On test routes approved by the Division.

(2) In a vehicle that is representative of the class and type of vehicle for which the CDL applicant seeks to be licensed and for which the Third Party Examiner is qualified to test.

(3) Using Division approved content, forms, and scoring procedures.

History

Authority G.S. 20-37.22
Eff. September 1, 1990
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03B .0716 Denial/Termination of Third Party Testing Program/Certification

(a) The Division may deny any application for a Third-Party Tester or Examiner's Certificate, if the applicant does not qualify for the certificate under provisions of these Rules. Misstatements or misrepresentation may be grounds for denying a certificate.

(b) Any Third-Party Tester or Examiner may relinquish certification upon 30 days notice to the Division.

(1) Failure to comply with or satisfy any of the provisions of these Rules, the Division instructions or the Third-Party Tester Agreement;

(2) Falsification of any record or information relating to the Third-Party Testing program;

(3) Commission of any act which compromises the integrity of the Third-Party Testing program;

(4) For Third Party Examiner: driver license suspension, revocation, cancellation, or disqualifications; and

(5) For Third Party Examiner: conviction of driving while impaired (DWI);

(6) Possessing more than one license;

(7) Having a physical impairment that in the judgment of the Division would impair his ability to safely operate a motor vehicle of the class required to certify others.

(d) If the Division determines that grounds for cancellation exist for failure to comply with these Rules or the Third-Party Tester Agreement, the Division may postpone cancellation and allow the Third Party Tester or Examiner 30 days to correct the deficiency.

(e) If Third Party Examiner or Tester is alleged to be in violation of any provisions of these Rules, the Examiner or Tester:

(1) Shall be notified by registered or certified mail;

(2) May request a hearing. The request must be within ten days of receipt of the registered or certified letter; and

(3) May be represented by counsel.

(f) Upon completion of the hearing, the Division shall notify the Third-Party Tester or Examiner within ten days of its decision which may be appealed.

(g) Recertification will be required if any Third-Party Tester or Examiner, or Third-Party Tester's or Examiner's certification is revoked or cancelled.

History

Authority G.S. 20-37.22
Eff. September 1, 1990
Amended Eff. December 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03B .0801 Definition

History

Status: repealed
Authority G.S. 20-37.22
Eff. July 1, 1992
Repealed Eff. November 1, 2021.

Subchapter C

19A NCAC 03C .0101 Purpose

History

Status: repealed
Authority G.S. 20-4.01 through 20-4.12; 20-37.6; 20-39; 20-42; 20-44 through 20-53; 20-54 through 20-58; 20-58.4 through 20-58.10; 20-63.1; 20-64 through 20-79.3; 20-80 through 20-81; 20-81.2 through 20-81.7; 20-83 through 20-88; 20-88.1; 20-94; 20-95; 20-109.1; 20-114; 20-116; 20-118; 20-279; 20-286; 20-294; 20-309 through 20-319; 20-347; 14-401.4; 105-164.3(16); 105-164.4(1); 105-164; 105-314
Eff. July 1, 1978
Amended Eff. December 1, 1993; February 1, 1982
Repealed Eff. May 1, 2021.

19A NCAC 03C .0102 Forms

The forms used by the Division of Motor Vehicles to administer the functions described in the rules of this Section are available from the the Division of Motor Vehicles, 1100 New Bern Avenue, Raleigh, North Carolina 27697 or online at www.ncdot.gov/dmv.

History

Authority G.S. 20-1; 20-39; 20-41
Eff. July 1, 1978
Amended Eff. November 1, 1991; February 1, 1982
Readopted Eff. May 1, 2021.

19A NCAC 03C .0103 Exempt from Title Fees But Subject to Registration

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0104 Application for Registration and Certificate of Title

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0105 Requirements for Registration of New Vehicle

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0106 Dealer Registration of New Vehicle

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0107 Registration: Out-of-State Registered Vehicle

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0108 Bonds Filed When Proper Proof of Ownership Not Available

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0109 Custom Built Motor Vehicles and Trailers

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0110 Motor Homes: House Cars and Camping Vehicle

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0111 Identification of Owner or Applicant

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0112 Identifying Address and Change of Address

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0113 Description of Vehicle

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0114 Liens (security Interests and Agreements)

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0115 Source of Purchase

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0116 Class of License

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0117 Weights: Buses

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0118 Empty Weight and Maximum Load (gross Weight)

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0119 Date First Operated

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0120 Title Only

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0121 Signature

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0122 Powers of Attorney: Guardians

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0123 Acknowledgements

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0124 Notary Duties: Requirements and Acknowledgement Fees

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0125 Registration Information and Certified Record Fees

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0126 Vehicles Leased

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0127 Minors May Own Vehicles

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0128 Registration Reference Records Maintained by Division

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0129 Assignment of Title by the Registered Owner

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0130 Assignment of Title by Other Than the Registered Owner

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0131 Reassignment of Title by Dealer and Insurance Company

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0132 Refusal Stamp

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0133 Application for Duplicate Title: Form Mvr-4

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0134 Substitute or Correction of Title: Form Mvr-5

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0135 Salvaged Vehicles

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0136 Penalty for Failure to Make Transfer Within Twenty Days

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0137 Blank or Open Assignments Prohibited

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0138 Glider Kit

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0139 Authority to Grant or Refuse Applications

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0140 Display of License Plate Renewal Stickers

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0141 Registration Under the International Registration Plan

History

Status: repealed
Authority G.S. 20-1; 20-4.01; 20-4.1; 20-19; 20-39; 20-41; 20-42; 20-44; 20-50; 20-52; 20-52.1; 20-53; 20-54; 20-56 through 20-58; 20-58.4; 20-58.10; 20-66 through 20-70; 20-72; 20-74 through 20-77; 20-79; 20-85; 20-86.1; 20-87 through 20-88; 20-109; 20-109.1; 20-116; 20-118; 20-279; 20-279.24; 14-401.4; 105-314
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0201 Function

This Section establishes the rules for vehicle registration in North Carolina including:

(1) manufacturer's certificate of origin;

(2) registration of out-of-state vehicles;

(3) custom built vehicles;

(4) motor homes;

(5) purchase information required for registration;

(6) buses for hire;

(7) date vehicle first operated in North Carolina;

(8) application for title only;

(9) acknowledgements;

(10) certified record fees;

(11) registration of leased vehicle;

(12) duplicate titles;

(13) salvaged vehicles; and

(14) penalty for failure to transfer registration.

History

Authority G.S. 20-4.01; 20-4.2; 20-4.3; 20-4.4; 20-4.5; 20-4.7; 20-4.8; 20-4.9; 20-4.10; 20-4.11; 20-4.12; 20-37.6; 20-39; 20-42; 20-44; 20-50; 20-51; 20-52; 20-53; 20-57; 20-58; 20-58.4; 20-64; 20-66; 20-67; 20-68; 20-69; 20-70; 20-72; 20-74; 20-75; 20-77; 20-79; 20-79.1; 20-79.2; 20-79.3; 20-81; 20-81.2; 20-81.3; 20-81.4; 20-81.5; 20-81.6; 20-83; 20-84; 20-85; 20-86; 20-87; 20-88; 20-94; 20-95; 20-109.1; 20-114; 20-116; 20-118; 20-286; 20-294; 20-309; 20-311; 20-313; 20-314; 20-315; 20-316; 20-317; 20-318; 20-319; 20-347; 14-401.4; 105-164.4(1); 105-164; 105-314
Eff. July 1, 1978
Amended Eff. December 1, 1993; March 1, 1982
Readopted Eff. May 1, 2021.

19A NCAC 03C .0202 Titling and Registration of Branded Vehicles

Upon application for title and registration of a motor vehicle as defined in G.S. 20-4.01(33), the following rules apply:

(1) Flood vehicles shall be branded "Water/Flood Damage Vehicle" on the title and "WATR-FLD" on the registration card.

(2) Non-USA vehicles shall be titled and registered with an inspector's report to verify the vehicle meets Environmental Protection Agency standards and that the vehicle is operable. The title shall reflect the brand Non-USA vehicle.

(3) If a NC Salvage Certificate of Title MVR-40 is being transferred to an individual or dealer and the vehicle is six model years old or ]newer, then the title and registration records shall notate a Total Loss Claim and it must be accompanied by:

(a) LT-275 Report of Initial Examination of Salvage Vehicle;

(b) LT-276 Affidavit of Rebuilder or Owner; and

If the three Documents referenced in this Rule are not submitted with the title, then a LT-270 Report of Examination Vehicle is required, and the title shall be branded as Reconstructed with Total Loss Claim noted. The registration records shall reflect Reconstructed and Total Loss Claim.

(4) If a branded out of state title is transferred from an insurance company's name to an individual or dealer and the vehicle is six model years old or newer, then the title brand on the previous title will be included on the new NC Certificate of Title, and it shall be accompanied by:

(a) LT-275 Report of Initial Examination of Salvage Vehicle;

(b) LT-276 Affidavit of Rebuilder or Owner; and

If the three documents above are not submitted with the title, a LT-270 Report of Examination of Motor Vehicle, shall be required and the title shall be branded as Reconstructed.

(5) If a NC Salvage Certificate of Title MVR-40 is being transferred to an individual or dealer and the vehicle is older than six model years, the previous title's brand be included on the new NC Salvage Certificate of Title MVR-40 and the inspector's report shall not be required.

(6) If a branded out-of-state title is transferred from an insurance company's name to an individual or dealer, and the vehicle is older than six model years, it must be accompanied by a LT-270 Report of Examination of Motor Vehicle. The previous title's brand shall be included on the new NC Certificate of Title.

(7) If a branded out-of-state title is submitted to the Division and in an individual's name or is assigned to an individual or dealer, the previous title's brand shall be included on the new NC Certificate of Title and an inspector's report shall not be required, regardless of the year.

(8) If a branded out-of-state title is submitted to the Division in a dealer's name or is assigned to an individual or dealer, regardless of the year, it must be accompanied by a LT-20 Report of Examination of Motor Vehicle. The previous title's brand shall be included on the new NC Certificate of Title.

(9) Salvage rebuilt vehicles will be branded if a NC Salvage Certificate of Title, MVR-40, is being transferred to an individual or dealer and is six model years old or newer, then the title and registration records shall notate Total Loss Claim and must be accompanied by:

(a) LT-275 Report of Initial Examination of Salvage Vehicle;

(b) LT-276 Affidavit of Rebuilder or Owner; and

If the three documents above are not submitted with the title, a LT-270 Report of Examination of Motor Vehicle is required, and the title will be branded as Reconstructed with Total Loss Claim noted. The registration records shall reflect Reconstructed and Total Loss Claim. For vehicles more than six model years old, the current brand shall be included on the new NC Certificate of Title.

(10) If a NC Salvage Certificate of Title, MVR-40, is being transferred to an individual or dealer and is more than six model years old, the current brand shall be included on the new NC Salvage Certificate of Title, MVR-40, and an inspector's report shall not be required.

(11) If an out-of-state title in the name of an insurance company without a brand is transferred to an individual or dealer and the vehicle is six model years old or newer, it shall be accompanied by the LT-270 Report of Examination of Motor Vehicle and the new title shall be branded in accordance with the applicable rules and G.S. 20-39, 20-71.3, and 20-109.1.

(12) If an out-of-state title or a NC Certificate of Title is being transferred to an insurance company's name and is more than six model years old, a NC Salvage Certificate of Title, MVR-40, will notate Total Loss Claim and shall be branded Salvage Rebuilt.

(13) Junk vehicles are marked "Junked" on the registration records only. The title must be submitted indicating the vehicle is incapable of operation or use upon the highways and has no resale value except as a source of parts or scraps.

History

Authority G.S. 20-1; 20-4.01(33); 20-39; 20-71.3; 20-109.1
Eff. July 1, 1978
Amended Eff. December 1, 1993; November 1, 1991; January 1, 1988
Readopted Eff. June 1, 2021.

19A NCAC 03C .0203 Form Fs-1: Preparation

History

Status: repealed
Authority G.S. 20-39; 20-279; 20-309 through 20-319
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0204 Time for Submission of Fs-1 Notice

History

Status: repealed
Authority G.S. 20-39; 20-279; 20-309 through 20-319
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0205 Insurance Requirements for Dealer and Manufacturer Plates

History

Status: repealed
Authority G.S. 20-39; 20-279; 20-309 through 20-319
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0206 Insurance Requirements for 30-Day Permits

History

Status: repealed
Authority G.S. 20-39; 20-279; 20-309 through 20-319
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0207 One-Way Trip Permits Without a License

History

Status: repealed
Authority G.S. 20-39; 20-279; 20-309 through 20-319
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0208 Emergency Transfer of License Provision

History

Status: repealed
Authority G.S. 20-39; 20-279; 20-309 through 20-319
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0209 Vehicles Operated with 20-Day Temporary Marker

History

Status: repealed
Authority G.S. 20-39; 20-279; 20-309 through 20-319
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0210 Transporter Plates

History

Status: repealed
Authority G.S. 20-39; 20-279; 20-309 through 20-319
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0211 Ten-Day Temporary Registration Permit

History

Status: repealed
Authority G.S. 20-39; 20-279; 20-309 through 20-319
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0212 Insurance Lapse Hearings

History

Status: repealed
Authority G.S. 20-39; 20-279; 20-309 through 20-319
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0213 Termination of Liability Insurance: Form Fs-4

History

Status: repealed
Authority G.S. 20-39; 20-279; 20-309 through 20-319
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0214 Form Fs-4: Preparation

History

Status: repealed
Authority G.S. 20-39; 20-279; 20-309 through 20-319
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0215 Time for Submission of Fs-4 Notice

History

Status: repealed
Authority G.S. 20-39; 20-279; 20-309 through 20-319
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0216 Surrender of Plates in Advance of Insurance Termination

History

Status: repealed
Authority G.S. 20-39; 20-279; 20-309 through 20-319
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0217 Affidavit of Facts: Inability to Surrender Plates

History

Status: repealed
Authority G.S. 20-39; 20-279; 20-309 through 20-319
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0218 Form Fs-19

History

Status: repealed
Authority G.S. 20-39; 20-279; 20-309 through 20-319
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0219 Failure to Comply with Financial Responsibility Act

History

Status: repealed
Authority G.S. 20-39; 20-279; 20-309 through 20-319
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0220 Manufacturer's Certificate of Origin

(a) The Manufacturer's Certificate of Origin shall contain the information set forth in G.S. 20-4.01(20) and the following information:

(1) the manufacturer's name and address (may be preprinted); and

(2) a countersignature of an agent (rubber stamped or written). The countersignature is the signature of the authorized person at the dealership.

(b) Upon transfer of a vehicle to a transferee in accordance with G.S. 20-52.1, a dealer shall complete the Assignment of Manufacturer's Certificate and shall comply with the following:

(1) If the purchaser is not a licensed dealer, the certificate of title shall be obtained prior to further transfer.

(2) When a transfer is made by a manufacturer to a dealer, the dealer shall make the transfer on the reverse side of the Manufacturer's Certificate.

(3) The transfer shall match the name on the dealer's license.

(4) Lien information shall be recorded in the transfer.

(5) Transfers shall be notarized.

(6) Alterations shall void the Manufacturer's Certificate and shall require the return of the certificate to the manufacturer for correction.

History

Authority G.S. 20-1; 20-4.01; 20-39; 20-52; 20-52.1; 20-54
Eff. March 1, 1982
Amended Eff. December 1, 1993
Readopted Eff. June 1, 2021.

19A NCAC 03C .0221 Registration of Out-of-State Registered Vehicles

The applicant shall provide the following when registering a vehicle in North Carolina that is currently registered in another state, district, or territory:

(1) the documentary proof of ownership, such as out-of-state vehicle registration or out-of-state certificate of title;

(2) proof of liability insurance as required by G.S. 20-309; and

(3) the payment of fees and taxes.

History

Authority G.S. 20-1; 20-39; 20-52; 20-85; 20-309; 105-187.6(c)
Eff. March 1, 1982
Amended Eff. December 1, 1993
Readopted Eff. June 1, 2021.

19A NCAC 03C .0222 Registration: Custom Built Motor Vehicles and Trailers

Registration of a custom-built motor vehicle or trailer requires the following:

(1) the bills of sale for the principal parts or two appraisals from two different NC dealers with Indemnity Bonds;

(2) the cancellation of the title if the number on the motor or frame is registered in North Carolina;

(3) the form MVR-1 Title Application and any lienholder information that is required for titling vehicles in North Carolina;

(4) the MVR-55 Affidavit for Custom or Replica Built Vehicles, which is a notarized statement that the vehicle was built from parts described by the bills of sale and must be completed in its entirety; and

(5) the LT-270 Report of Examination of Motor Vehicles, is completed after an inspection by a motor vehicles inspector; and

(6) the Manufacturer's Certificate of Origin for motor, frame, and transmission assigned to an individual or Indemnity Bond.

History

Authority G.S. 20-1; 20-4.01; 20-39; 20-53
Eff. March 1, 1982
Amended Eff. December 1, 1993; August 1, 1982
Readopted Eff. June 1, 2021.

19A NCAC 03C .0223 Registration: Motor Homes, Etc.

(a) The manufacturer of the chassis shall provide a Manufacturer's Certificate of Origin to the manufacturer of the motor home. The Manufacturer's Certificate of Origin shall show the serial number of the chassis.

(b) If an application for registration of a customized van is presented with a Manufacturer's Certificate or Origin describing the van and another certificate describing the conversion kit, then an owner's statement explaining changes is required to determine the trade name, body style, and license classification of the van.

History

Authority G.S. 20-1; 20-4.01; 20-39; 20-52; 20-52.1; 20-53
Eff. March 1, 1982
Amended Eff. January 1, 1994
Readopted Eff. June 1, 2021.

19A NCAC 03C .0224 Purchase Information

In addition to the requirements set forth in G.S. 20-52(a), an applicant shall provide the following purchase information on the title application:

(1) The name and address of the person or firm from whom the vehicle was acquired;

(2) The date of purchase and whether the vehicle is new or used;

(3) The dealer's certificate number;

(4) Whether the vehicle was acquired for use in North Carolina;

(5) The purchase price, verified by bill of sale on new vehicle;

(6) The state of last registration;

(7) The odometer reading and federal odometer statement; and

(8) The ad valorem tax certification.

History

Authority G.S. 20-1; 20-39; 20-52
Eff. March 1, 1982
Amended Eff. November 1, 1991
Readopted Eff. June 1, 2021.

19A NCAC 03C .0225 Class of License Plate

Any applicant seeking an initial license plate or a transfer of a license plate shall indicate the desired classification at the time of application.

History

Authority G.S. 20-1; 20-39; 20-52; 20-64; 20-72; 20-78
Eff. March 1, 1982
Readopted Eff. May 1, 2021.

19A NCAC 03C .0226 Registration: Buses to Be Operated for Hire

The registration for a bus to be operated for hire shall include the empty weight of the bus calculated to the nearest 100 pounds.

History

Authority G.S. 20-1; 20-39; 20-87
Eff. March 1, 1982
Amended Eff. December 1, 1993
Readopted Eff. June 1, 2021.

19A NCAC 03C .0227 Date First Operated

The date a vehicle is placed into operation in North Carolina shall be indicated upon registration. An applicant shall be subject to the license fee on the date a vehicle is placed into operation in North Carolina, unless he or she is a new resident operating under reciprocity in accordance with G.S. 20-4.1.

History

Authority G.S. 20-1; 20-4.01; 20-4.1; 20-39; 20-52
Eff. March 1, 1982
Readopted Eff. May 1, 2021.

19A NCAC 03C .0228 Title Only

To obtain a Certificate of Title without a license plate, the applicant shall verify that a license fee or transfer is not due by indicating on the Application for Title.

History

Authority G.S. 20-1; 20-39; 20-50; 20-73; 20-79
Eff. March 1, 1982
Amended Eff. December 1, 1993
Readopted Eff. June 1, 2021.

19A NCAC 03C .0229 Signature

The signature on any application for registration shall be written in ink or provided by electronic signature as referenced in Article 40 of Chapter 66 of the North Carolina General Statutes and shall comply with the requirements of this Rule.

(1) The signature shall include the owner's full name, including "junior" if applicable.

(2) If the vehicle is jointly owned, each owner must sign.

(3) If the owner is unable to write or print, he or she must make his or her mark. A disinterested party shall write the owner's name and then sign his name as a witness to the owner's mark.

(4) When the owner is a partnership or a corporation, the signature shall show the name of the firm and be signed by an officer or partner.

(5) A printed or typed version of the signature agreeing with the signature shall appear on each application.

History

Authority G.S. 20-1; 20-39; 20-52; 20-57
Eff. March 1, 1982
Amended Eff. December 1, 1993
Readopted Eff. May 1, 2021.

19A NCAC 03C .0230 Powers of Attorney: Guardians

History

Status: repealed
Authority G.S. 20-1; 20-39; 20-77
Eff. March 1, 1982
Repealed Eff. June 1, 2021.

19A NCAC 03C .0231 Acknowledgements

History

Status: repealed
Authority G.S. 20-1; 20-39; 20-42; 20-52
Eff. March 1, 1982
Repealed Eff. December 1, 1993.

19A NCAC 03C .0232 Registration Information and Certified Records Fees

Any person seeking verification of information regarding license numbers, ownership, or liability insurance shall submit a written request. Copies of these records are provided for a fee as set out in G.S. 20-4.02 and posted on the agency website at https://www.ncdot.gov/dmv/downloads/Documents/MVR-94.pdf.

History

Authority G.S. 20-1; 20-4.02; 20-39; 20-42
Eff. March 1, 1982
Amended Eff. November 1, 1991; December 1, 1984
Readopted Eff. July 1, 2021.

19A NCAC 03C .0233 Leased Vehicles

Vehicles being leased under a private lease shall be titled and registered in the name of the lessor. A copy of the lease agreement shall be filed with the Division at the time of application for the certificate of title and registration.

History

Authority G.S. 20-1; 20-4.01; 20-39; 20-50
Eff. March 1, 1982
Amended Eff. December 1, 1993
Readopted Eff. May 1, 2021.

19A NCAC 03C .0234 Minors May Own Vehicle

History

Status: repealed
Authority G.S. 20-1; 20-39
Eff. March 1, 1982
Amended Eff. December 1, 1993
Repealed Eff. June 1, 2021.

19A NCAC 03C .0235 Application for Duplicate Title

(a) A lienholder applying for a duplicate certificate of title shall have the owner sign the application.

(b) When a certificate of title is lost after the release of a lien, the lienholder's affidavit that the lien has been satisfied shall accompany the owner's application for a duplicate certificate of title or for an electronic lienholder, the lienholder shall request the lien be released electronically. A paper lien release shall not be accepted on an electronic lien.

(c) A duplicate certificate of title takes precedence over the original unless a false statement made in the application invalidates the duplicate.

(d) If the original certificate of title is lost after being endorsed, the purchaser shall submit notarized affidavits tracing the chain of ownership from the registered owner to the present owner and any lien cancellations involved along with his or her application for a duplicate certificate of title.

(e) If the original certificate of title is lost and the vehicle has been sold or traded, the owner shall apply for a duplicate certificate of title and assign to the purchaser on the application. The Division shall not issue a duplicate certificate of title until 15 days after the receipt of the application.

History

Authority G.S. 20-1; 20-39; 20-68; 20-54
Eff. March 1, 1982
Readopted Eff. June 1, 2021.

19A NCAC 03C .0236 Penalty for Failure Tomake Transfer Within 28 Days

History

Status: repealed
Authority G.S. 20-1; 20-39; 20-73; 20-77
Eff. March 1, 1982
Amended Eff. December 1, 1993; November 1, 1991
Repealed Eff. June 1, 2021.

19A NCAC 03C .0237 Display of License Plate Renewal Sticker

(a) The license plates issued by the Division of Motor Vehicles shall be renewed by attaching an annual validation sticker.

(b) These plates shall expire on the last day of the month indicated by the validation sticker. There is a 15-day grace period following the expiration date of the sticker. The plate cannot be transferred to another vehicle during the grace period.

History

Authority G.S. 20-39; 20-66
Eff. March 1, 1982
Amended Eff. December 1, 1993
Readopted Eff. May 1, 2021.

19A NCAC 03C .0238 Registration Renewal by Mail

History

Status: repealed
Legislative Objection Lodged Eff. April 20, 1982
Authority G.S. 20-39; 20-50(b)(5); 20-63; 20-65; 20-66
Eff. July 1, 1982
Repealed Eff. July 2, 1982.

19A NCAC 03C .0301 Assistance to Vehicle Owners

(a) The Division of Motor Vehicles will furnish to vehicle owners appropriate forms to facilitate compliance with Article 13, Chapter 20 of North Carolina General Statutes.

(b) Vehicle owners may furnish required proof of financial responsibility on any reasonable document which identifies the vehicle and its owner and is sufficient for Division of Motor Vehicles verification.

History

Authority G.S. 20-39; 20-279.18; 20-279.19; 20-279.20; 20-279.2; 20-279.24; 20-279.25; 20-309; 20-311; 20-313; 20-313.1; 20-315
Eff. July 1, 1978
Amended Eff. December 1, 1993; February 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03C .0302 Liability Insurance Certification

(a) If the financial responsibility for a vehicle is a liability insurance policy, the owner of the vehicle must certify to the existence of the policy and furnish sufficient information on forms provided by the Division of Motor Vehicles to enable verification of the policy's existence.

(b) Certification shall be made at original registration and at such times as a motor vehicle registration transaction is made between the owner and the Division of Motor Vehicles.

History

Authority G.S. 20-39; 20-279.2; 20-279.19; 20-279.22; 20-309
Eff. July 1, 1978
Amended Eff. February 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03C .0303 Termination Notices

(a) North Carolina Notice of Termination Form FS-4 shall be used to notify the Commissioner of the Division of Motor Vehicles of termination of motor vehicle liability insurance. The form shall be supplied by the insurer and must include the name and address of the insured owner; year, make, and identification number of the vehicle for which the notification is made; termination date of policy; inception date of policy; date of preparation of the FS-4. Notices of termination of policies covering multiple listed vehicles require a Form FS-4. A schedule of vehicles on same policy may be attached to an FS-4.

(b) Insurers shall notify the Commissioner of the North Carolina Division of Motor Vehicles immediately upon the effective date of termination, cancellation, or deletion of a motor vehicle from a motor vehicle liability insurance policy. Notification to the Commissioner is not necessary if a vehicle is deleted from a policy and replaced with another vehicle or is insured under a fleet policy by the same insurer. A fleet policy is defined as a policy with five or more vehicles which are not listed individually by year, make, model or identification number.

(1) The notification of cancellation, termination, or deletion of a vehicle from a policy shall be on a form approved by the Commissioner of the North Carolina Division of Motor Vehicles. The form shall be designated as a FS-4 and shall reflect the following:

(A) name and address of insured;

(B) name of insurance company and code number;

(D) termination date;

(E) inception date;

(F) date prepared;

(G) signature or a facsimile signature, which may be pre-printed or stamped, of authorized representative of insurance company;

(H) color: red;

(I) size: 7" width x 4 1/4" height; and

(J) must be typed or computer generated.

(2) Insurers shall notify the Commissioner of the North Carolina Division of Motor Vehicles in the following instances:

(A) If a termination of liability insurance (FS-4) was issued to the North Carolina Division of Motor Vehicles and the insured was reinstated or renewed, the insurer must inform the Division with an FS-1 certificate of insurance, provided such reinstatement or renewal has occurred without any lapse in coverage. An agent representing an insurance company may issue the notification if authorized to do so by the company.

(B) An agent representing an insurance company may issue notification if authorized to do so by the company. FS-1's shall be issued upon request from the insured, Division of Motor Vehicles, or to reinstate with no lapse in coverage.

(C) When an insurance company terminates a policy and issues another policy, without a lapse, no FS-4 is necessary. The insurance company shall issue a FS-1 showing continuous coverage.

(3) The certificate of insurance notice shall be on a form approved by the Commissioner of the North Carolina Division of Motor Vehicles. The form shall be designated as a FS-1 and shall reflect the following:

(A) name and address of insured;

(B) name of insurance company and code number;

(D) policy number;

(E) policy effective date;

(F) date prepared;

(G) signature or facsimile signature of authorized representative; may be pre-printed or stamped;

(H) color: purple/red;

(I) size: 7" width x 4 1/4" height; and

(J) must be typed or computer generated.

(4) Insurers may arrange with the Division of Motor Vehicles for notices to be submitted through exchange of electronic data media. If this procedure of reporting is selected, Division of Motor Vehicles will not have available a hard copy of submitted notices.

History

Authority G.S. 20-39; 20-279.2; 20-279.22; 20-279.29; 20-309; 20-316; 20-316.1
Eff. July 1, 1978
Amended Eff. December 1, 1993; November 1, 1991; October 1, 1984; February 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03C .0304 Verification of Certification

(a) Insurance Certification forms requesting verification shall be addressed to insurers by the Division of Motor Vehicles.

(b) Insurers shall respond to requests for certification within 15 days after receipt by the insurer.

(1) vehicle owner's name and address;

(2) vehicle make, model and vehicle identification number;

(3) date certification was made by the registrant; and

(4) date certification request was prepared by the Division of Motor Vehicles.

(d) Data to be furnished by the insurer must include at least one of the following:

(1) the vehicle is currently insured against liability;

(2) the vehicle is not currently insured, but was insured at the time of certification; or

(3) no record of any liability insurance is available for the vehicle described.

History

Authority G.S. 20-39; 20-279.2; 20-316.1
Eff. July 1, 1978
Amended Eff. December 1, 1993; November 1, 1991; February 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03C .0305 Insurance Lapse Hearings

(a) Any person who has received a notice of license plate revocation because of lack of continuous liability insurance coverage may request a hearing. Requests for a hearing or appeal are also accepted prior to receipt of the revocation order. For example, a hearing may be requested after receiving notice from the Division of Motor Vehicles that a termination notice has been received from an insurer.

(b) If the hearings officer establishes that liability coverage has been continuous, or that any lapse in coverage is not reasonably attributable to fault or neglect on the part of the insured, he will rescind the Division's order of revocation.

(c) A hearing request may be made by writing the Insurance Hearings Officer, Vehicle Services Registration Section, Division of Motor Vehicles, Raleigh, North Carolina 27697.

(d) No hearing will be granted unless the owner, at the time of request, has financial responsibility for the vehicle as required by statute.

History

Authority G.S. 20-39; 20-270.2; 20-316; 20-792.2
Eff. July 1, 1978
Amended Eff. December 1, 1993; February 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03C .0306 Thirty-Day Permit for Nonresidents

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0307 License Period

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0308 Proration of Fees

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0309 Partial Payments

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0310 Surrender of Plates for Refunds

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0311 Use Tax

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0312 Fee for Driver Education (not Subject to Proration)

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0313 Fee for Private Passenger License

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0314 Free License for Disabled Veterans

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0315 Prisoner of War

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0316 Historic Vehicles

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0317 Amateur Radio: Class D Citizens Radio

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0318 Civil Air Patrol: Additional Plus Private Passenger Fees

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0319 Official and National Guard

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0320 Motorcycles: Motor Scooters: Motorbikes

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0321 Vehicles Owned by State: Municipalities and Orphanages

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0322 State Owned Vehicles

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0323 Handicapped

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0324 Vehicle Used for Passenger and Property Carrying

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0325 Trailers

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0326 Self-Propelled Vehicles Used for Camping

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0327 Trucks and Truck-Tractors (private Property Carrying)

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0328 Farm Trucks

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0329 Special Mobile Equipment

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0330 Ten-Day Temporary Registration Plate

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0331 Personalized Plates

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0332 Application for Replacement License or Validation Sticker

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0333 License Plate Transfer

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0334 Special Permit for Emergency Transfer of License

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0335 Plate Classification Exchanges: Private and for-Hire

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0336 Plate Classification: Exchanges and Credits Allowed

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0337 Registration Certificate

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0338 Registration Certificates Lost: Multiple

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0339 Records to Be Maintained

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0340 Length of Time Records to Be Maintained

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0341 Registration for Reporting Sales Tax

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0342 Sales Tax Exemptions

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0343 Use of Dealer and Manufacturer Plates

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0344 Illegal Use of Dealer Plates

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0345 Dealer Plates Lost or Stolen

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0346 Dealer Registration Card to Be Carried

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0347 Dealers with Dealer Plates Permitted to Make Assignments

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0348 Changing Name: Discontinuing of Business Transfer

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0349 Purchase of Out-of-State Vehicles: Removal of Plates

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0350 Twenty-Day Markers by Purchasers in Lieu of Dealers Plates

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0351 Conditions Temporary Marker Issued by Dealer

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0352 Issuance of Temporary Markers

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0353 Issuance of 20-Day Permits: Maintenance of Records: Notice

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0354 Dealer's Delivery of Purchaser's Application: Registration

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0355 Only One 20-Day Marker May Be Issued

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0356 Expiration of Temporary Marker

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0357 Dealer's Right to Issue Temporary Markers May Be Suspended

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0358 Refund of Fees Paid for Temporary Marker

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0359 Transporter's Registration

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0360 Driveaway Registration: Form Mvr-16

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0361 Schedule of Weights and Rates

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0362 North Carolina Schedule of Weights and Rates: Farm Trucks

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0363 Private Passenger Vehicle Fees

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0364 Trailer: Wrecker and Special Mobile Equipment Fees

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0365 Prorated License Fees for for-Hire Passenger Vehicle

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0366 Fees for Title and General Registration of Motor Vehicles

History

Status: repealed
Authority G.S. 20-4.01; 20-37; 20-39; 20-42; 20-50; 20-57; 20-63 through 20-66
20-68; 20-75; 20-78 to 20-79; 20-79.1; 20-80; 20-81; 20-81.4; 20-83 through 20-85; 20-87
20-88; 20-88.1 through 20-88.6; 20-94 through 20-95; 20-118; 20-309; 105-164.4; 105-164.6
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0401 General Information

History

Status: repealed
Authority G.S. 20-4.01; 20-4.12; 20-4.01(27); 20-4.01(31); 20-4.01(50); 20-37.6; 20-39; 20-50; 20-57; 20-64; 20-64(f); 20-64.2; 20-65; 20-66; 20-68; 20-75; 20-79; 20-79.1 through 20-79.3; 20-80; 20-81; 20-81.2 through 20-81.7; 20-83; 20-84; 20-87; 20-87(6); 20-87(7); 20-87(8); 20-87(10); 20-87.5; 20-87.9; 20-88; 20-88(b)(1),(2); 20-88(6); 20-88.1; 20-94; 20-95; 20-116; 20-118; 20-286; 20-294; 20-309; 105-164; 105-164.3(16); 105-164.4(1); 105-314
Eff. July 1, 1978
Amended Eff. March 1, 1982
Repealed Eff. December 1, 1993.

19A NCAC 03C .0402 License Period for Trailer Plate

History

Status: expired
Authority G.S. 20-39; 20-63; 20-87(9); 20-88
Eff. July 1, 1978
Amended Eff. February 1, 1982
Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03C .0403 Van Pool License Plate

History

Status: repealed
Authority G.S. 20-39; 20-87; 20-88.1
Eff. July 1, 1978
Amended Eff. October 1, 1984; February 1, 1982
Repealed Eff. June 1, 2021.

19A NCAC 03C .0404 Original Registration: Staggered Registration System

History

Status: repealed
Authority G.S. 20-39; 20-50; 20-66
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. June 1, 2021.

19A NCAC 03C .0405 U-Drive-It Vehicles

History

Status: repealed
Authority G.S. 20-4.01; 20-39; 20-42; 20-44; 20-50; 20-54; 20-86; 20-87; 20-87.1
20-88; 20-261; 62-3; 62-6 through 62-9; 62-30; 62-112; 62-259; 62-260
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0406 For-Hire Passenger Vehicles

History

Status: repealed
Authority G.S. 20-4.01; 20-39; 20-42; 20-44; 20-50; 20-54; 20-86; 20-87; 20-87.1
20-88; 20-261; 62-3; 62-6 through 62-9; 62-30; 62-112; 62-259; 62-260
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0407 For -Hire Bus

History

Status: repealed
Authority G.S. 20-4.01; 20-39; 20-42; 20-44; 20-50; 20-54; 20-86; 20-87; 20-87.1
20-88; 20-261; 62-3; 62-6 through 62-9; 62-30; 62-112; 62-259; 62-260
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0408 Contract Carriers of Property

History

Status: repealed
Authority G.S. 20-4.01; 20-39; 20-42; 20-44; 20-50; 20-54; 20-86; 20-87; 20-87.1
20-88; 20-261; 62-3; 62-6 through 62-9; 62-30; 62-112; 62-259; 62-260
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0409 Exempt Property Carriers

History

Status: repealed
Authority G.S. 20-4.01; 20-39; 20-42; 20-44; 20-50; 20-54; 20-86; 20-87; 20-87.1
20-88; 20-261; 62-3; 62-6 through 62-9; 62-30; 62-112; 62-259; 62-260
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0410 Use of for-Hire Plates on Leased Vehicles

History

Status: repealed
Authority G.S. 20-4.01; 20-39; 20-42; 20-44; 20-50; 20-54; 20-86; 20-87; 20-87.1
20-88; 20-261; 62-3; 62-6 through 62-9; 62-30; 62-112; 62-259; 62-260
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0411 Common Carriers of Passengers and Property

History

Status: repealed
Authority G.S. 20-4.01; 20-39; 20-42; 20-44; 20-50; 20-54; 20-86; 20-87; 20-87.1
20-88; 20-261; 62-3; 62-6 through 62-9; 62-30; 62-112; 62-259; 62-260
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0412 Penalty: for-Hire Operation Without Proper Plates

History

Status: repealed
Authority G.S. 20-4.01; 20-39; 20-42; 20-44; 20-50; 20-54; 20-86; 20-87; 20-87.1
20-88; 20-261; 62-3; 62-6 through 62-9; 62-30; 62-112; 62-259; 62-260
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0413 Collection of for-Hire License Fees by License and Theft

History

Status: repealed
Authority G.S. 20-4.01; 20-39; 20-42; 20-44; 20-50; 20-54; 20-86; 20-87; 20-87.1
20-88; 20-261; 62-3; 62-6 through 62-9; 62-30; 62-112; 62-259; 62-260
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0414 Application for License

History

Status: repealed
Authority G.S. 20-39; 20-50; 20-66; 20-79; 20-81.7; 20-83; 20-86.1
Eff. March 1, 1982
Repealed Eff. June 1, 2021.

19A NCAC 03C .0415 License Period

History

Status: repealed
Authority G.S. 20-39; 20-63; 20-64; 20-66; 20-88
Eff. March 1, 1982
Repealed Eff. December 1, 1993.

19A NCAC 03C .0416 Surrender of Plates for Refunds

History

Status: repealed
Authority G.S. 20-39; 20-63; 20-64; 20-66; 20-88
Eff. March 1, 1982
Repealed Eff. December 1, 1993.

19A NCAC 03C .0417 Sales Tax

History

Status: repealed
Authority G.S. 20-39; 105-164.4; 105-164.6
Eff. March 1, 1982
Amended Eff. October 1, 1984
Repealed Eff. November 1, 1991.

19A NCAC 03C .0418 Fee for Driver Education

History

Status: repealed
Authority G.S. 20-39; 20-88.1
Eff. March 1, 1982
Repealed Eff. December 1, 1984.

19A NCAC 03C .0419 Golf Carts

History

Status: repealed
Authority G.S. 20-4.01; 20-39; 20-87; 20-88.1
Eff. March 1, 1982
Repealed Eff. June 1, 2021.

19A NCAC 03C .0420 Handicapped Placard

Handicapped persons who do not own an automobile may be issued distinguishing placards for a fee of five dollars ($5.00). If the handicapped placard is lost or stolen, a fee of five dollars ($5.00) shall be required for replacement.

History

Authority G.S. 20-37.6(c)
Eff. March 1, 1982
Amended Eff. December 1, 1994; December 1, 1993
Readopted Eff. June 1, 2021.

19A NCAC 03C .0421 Vehicles Used for Passenger and Property Carrying

The property carrying registration fee applies to the following vehicles when used to transport property:

(1) vehicles designed by the manufacturer as utility sedans, couriers, coupe-pickups, sedan delivery, and carpenters;

(2) station wagons and multi-purpose vehicles with the seat removed; and

(3) passenger cars with interiors so constructed or altered as to permit the transportation of property.

History

Authority G.S. 20-39; 20-87; 20-88
Eff. March 1, 1982
Readopted Eff. June 1, 2021.

19A NCAC 03C .0422 Trailers

History

Status: expired
Authority G.S. 20-39; 20-87(9); 20-88(c)
Eff. March 1, 1982
Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03C .0423 Self-Propelled Camping Vehicles

Self-propelled vehicles equipped with permanent living and sleeping facilities and used for camping are classed as private passenger vehicles.

History

Authority G.S. 20-39; 20-87(5)
Eff. March 1, 1982
Readopted Eff. May 1, 2021.

19A NCAC 03C .0424 Trucks and Truck Tractors (private Property Carrying)

Wrecker vehicles used to transport property and move disabled vehicles, or used to move vehicles that are not disabled, shall be classed as trucks and licensed as property carrying vehicles.

History

Authority G.S. 20-39; 20-79; 20-84; 20-88; 20-118
Eff. March 1, 1982
Amended Eff. December 1, 1993
Readopted Eff. June 1, 2021.

19A NCAC 03C .0425 Special Mobile Equipment

(a) The special mobile equipment license affidavit MVR-295 shall accompany each application for title and include the following:

(1) Vehicle Information including year, make, body style, model, VIN number;

(2) Owner information including owner name and ID or North Carolina Driver License number, address, tax county and insurance information; and

(3) Must be Notarized.

(b) If the vehicle is from a state having no registration requirements, bills of sale from at least the last two owners shall be required. The bill of sale to the current owner shall be notarized. If there is only one prior owner, one bill of sale shall be required. If no bill of sale can be provided, an indemnity bond shall be required.

History

Authority G.S. 20-39; 20-87(10); 20-88
Eff. March 1, 1982
Readopted Eff. June 1, 2021.

19A NCAC 03C .0426 Temporary Registration Plate

When a temporary license plate is issued on a property carrying vehicle, the registration is valid only for the empty weight of the vehicle. If the vehicle is found to be carrying property, the regular license plate fee shall be retroactively assessed as of the time of the application of the temporary license plate.

History

Authority G.S. 20-39; 20-50
Eff. March 1, 1982
Readopted Eff. June 1, 2021.

19A NCAC 03C .0427 Personalized Plates and Specialty Plates

(a) Specialty plates shall transfer from one vehicle to another if the vehicles have the same owner.

(b) Additional fees paid pursuant to G.S. 20-79.7 for a specialty plate shall not be refunded after the order has been submitted to the plate's manufacture.

History

Authority G.S. 20-39; 20-79.4; 20-79.7 (recodified)
Eff. March 1, 1982
Amended Eff. December 1, 1993; November 1, 1991
Readopted Eff. May 1, 2021.

19A NCAC 03C .0428 Application for Replacement License or Validation Stickers

To be issued a replacement license plate or validation sticker, the owner must certify that he or she has liability insurance pursuant to G.S. 20-109.

History

Authority G.S. 20-39; 20-64; 20-66; 20-68; 20-109
Eff. March 1, 1982
Readopted Eff. June 1, 2021.

19A NCAC 03C .0429 License Plate Transfer

History

Status: repealed
Authority G.S. 20-39; 20-42; 20-64; 20-65; 20-66
Eff. March 1, 1982
Amended Eff. December 1, 1993
Repealed Eff. June 1, 2021.

19A NCAC 03C .0430 Plate Classification: Exchanges and Credits

History

Status: expired
Authority G.S. 20-39; 20-64
Eff. March 1, 1982
Amended Eff. December 1, 1994
Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03C .0431 Purchase of Out-of-State Vehicles: Removal of Plates

No resident of North Carolina shall use out-of-state license plates, unless the resident serves in the military, has dual residency, or where reciprocity agreements apply. This Rule applies to dealers and consumer owners.

History

Authority G.S. 20-39; 20-50
Eff. March 1, 1982
Readopted Eff. May 1, 2021.

19A NCAC 03C .0432 Transporter's Registration

An application for transporter registration shall include valid insurance information and all other requirements as noted on MVR-16A. Form MVR-16A shall include the following:

(1) the vehicle owner's driver's license number, name, address, and telephone number;

(2) the vehicle owner's insurance information;

(3) the vehicle owner's license plate number;

(4) if a North Carolina dealer, the NC Dealer number shall be required or the name of the customer's repair facility.

History

Authority G.S. 20-39; 20-79.2
Eff. March 1, 1982
Amended Eff. October 1, 1984
Readopted Eff. June 1, 2021.

19A NCAC 03C .0433 DRIVEaWAY REGISTRATION

Prior to the issuance of driveaway plates, a driveaway company shall obtain and maintain insurance that would cover any new vehicle being operated by the company.

History

Authority G.S. 20-39; 20-87(8)
Eff. March 1, 1982
Readopted Eff. June 1, 2021.

19A NCAC 03C .0434 Van Pool License Plate Registration

History

Status: repealed
Authority G.S. 20-39; 20-87
Eff. March 1, 1982
Repealed Eff. August 1, 1982.

19A NCAC 03C .0435 Military Reserve Plates

History

Status: expired
Authority G.S. 20-39; 20-79.4(16)
Eff. December 1, 1984
Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03C .0436 Highway Use Tax

History

Status: repealed
Authority G.S. 20-39; 105-187.3
Eff. November 1, 1991
Amended Eff. January 1, 1994
Repealed Eff. June 1, 2021.

19A NCAC 03C .0501 For Hire Operations

A carrier seeking a for-hire license shall meet any applicable requirements of city boards in accordance with G.S. 160A-304, the North Carolina Utilities Commission in accordance with G.S. 62-260, and the Unified Carrier Registration Agreement and the International Registration Plan prior to the issuance of a license.

History

Authority G.S. 20-4.01; 20-39; 20-44; 20-50; 20-86; 20-87; 20-88; 20-382
Eff. July 1, 1978
Amended Eff. March 1, 1982
Readopted Eff. June 1, 2021.

19A NCAC 03C .0502 Definitions

History

Status: repealed
Authority 20-86.1; 20-94
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0503 Application for Apportioned Registration

History

Status: repealed
Authority 20-86.1; 20-94
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0504 Payment for an Issuance of Base Plates and Cab Cards

History

Status: repealed
Authority 20-86.1; 20-94
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0505 Registration of Owner-Operated Vehicles

History

Status: repealed
Authority 20-86.1; 20-94
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0506 Rental Motor Vehicles: International Registration Plan

History

Status: repealed
Authority 20-86.1; 20-94
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0507 Changes to Apportionally Registered Fleet

History

Status: repealed
Authority 20-86.1; 20-94
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0508 Starting a New Operation

History

Status: repealed
Authority 20-86.1; 20-94
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0509 Trip Leasing

History

Status: repealed
Authority 20-86.1; 20-94
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0510 Optional Base Jurisdiction

History

Status: repealed
Authority 20-86.1; 20-94
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0511 Procedures: Proportional Registration Fee Amounts

History

Status: repealed
Authority 20-86.1; 20-94
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0512 Refunds

History

Status: repealed
Authority 20-86.1; 20-94
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0513 Apportionable Vehicle Trip Permits: Buffer Zone

History

Status: repealed
Authority 20-86.1; 20-94
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0514 Apprehension: Apportioned Vehicles: Unauthorized Operation

History

Status: repealed
Authority 20-86.1; 20-94
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0515 Apprehension: Apportioned Vehicles: Excess Weight

History

Status: repealed
Authority 20-86.1; 20-94
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0516 N.c. Exception to International Registration Plan

History

Status: repealed
Authority 20-86.1; 20-94
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0517 Maintenance and Preservation of Records

History

Status: repealed
Authority 20-86.1; 20-94
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0518 Audits and Penalties

History

Status: repealed
Authority 20-86.1; 20-94
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0519 Locations for Service

History

Status: repealed
Authority 20-86.1; 20-94
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03C .0520 For Hire Operations Defined

History

Status: repealed
Authority G.S. 20-4.01; 20-39; 62-3; 62-276
Eff. March 1, 1982
Amended Eff. December 1, 1993
Repealed Eff. June 1, 2021.

19A NCAC 03C .0521 Taxicab

(a) Taxis operating more than five miles outside an incorporated city or town shall certify via affidavit on form MVR-320 that they are outside the corporate limits and are exempt from local requirements.

(b) Form MVR-320 shall include the following:

(1) the year, make, body style, and VIN number of the vehicle;

(2) the principal operator of the vehicle;

(3) the acknowledgment that the applicant will not travel within five miles of a city limit or are required to obtain a certificate of convenience and necessity from the city; and

(4) an attestation under oath before a notary that the information on the application is true and also a complete affidavit of the applicant.

History

Authority G.S. 20-4.01; 20-37; 20-39; 20-86; 20-87
Eff. March 1, 1982
Amended Eff. December 1, 1993
Readopted Eff. June 1, 2021.

19A NCAC 03C .0601 General Information

History

Status: repealed
Authority G.S. 20-86.1; 20-91
Eff. March 1, 1982
Repealed Eff. November 1, 1991.

19A NCAC 03C .0602 Obtaining I.r.p. Manual and Schedule Forms

History

Status: repealed
Authority G.S. 20-86.1; 20-91
Eff. February 1, 1982
Repealed Eff. November 1, 1991.

19A NCAC 03C .0603 Registration Under the International Registration Plan

History

Status: repealed
Authority G.S. 20-86.1; 20-91
Eff. March 1, 1982
Repealed Eff. November 1, 1991.

Subchapter D

19A NCAC 03D .0101 Purpose

This Subchapter establishes rules for and provides information on the following:

(1) motor vehicle dealer sales, distributor and factory representative license;

(2) motor vehicle thefts;

(3) mechanics and storage lien;

(4) notice of sale;

(5) safety inspection of motor vehicles;

(6) licensing of safety inspection stations;

(7) enforcement of weight regulations; and

(8) approval of motor vehicle safety equipment.

History

Authority G.S. 20-1; 20-39; 20-45; 20-49 through 20-50; 20-52.1; 20-57; 20-64(a); 20-68; 20-72 through 20-79.1; 20-82 through 20-83; 20-84.2; 20-85 through 20-86; 20-86.1; 20-87 through 20-88; 20-88.1; 20-91.1; 20-96; 20-99; 20-103 through 20-104; 20-114; 20-116; 20-117.1; 20-118; 20-118.1; 20-122 through 20-135.3; 20-183.2 through 20-183.12; 20-308; 20-347; 44A-1 through 44A-4; 54-4; 55-131; 66-68; 105-449.52; 153-9; 160A-303
Eff. July 1, 1978
Amended Eff. January 1, 1994; October 1, 1991; February 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03D .0102 Forms and Publications

History

Status: repealed
Authority G.S. 20-1
Eff. July 1, 1978
Amended Eff. January 1, 1994; February 1, 1982; April 11, 1980
Repealed Eff. September 1, 2021.

19A NCAC 03D .0103 License Fees

History

Status: repealed
Authority G.S.20-1; 20-52.1; 20-75; 20-79(a),(b); 20-82; 20-286(6),(15); 20-289
20-290(a); 20-291; 20-302; 20-303; 20-347; 143-350(g)
Eff. July 1, 1978
Amended Eff. April 11, 1980
Repealed Eff. February 1, 1982.

19A NCAC 03D .0104 Description of License

History

Status: repealed
Authority G.S.20-1; 20-52.1; 20-75; 20-79(a),(b); 20-82; 20-286(6),(15); 20-289
20-290(a); 20-291; 20-302; 20-303; 20-347; 143-350(g)
Eff. July 1, 1978
Amended Eff. April 11, 1980
Repealed Eff. February 1, 1982.

19A NCAC 03D .0105 Change of Employment

History

Status: repealed
Authority G.S.20-1; 20-52.1; 20-75; 20-79(a),(b); 20-82; 20-286(6),(15); 20-289
20-290(a); 20-291; 20-302; 20-303; 20-347; 143-350(g)
Eff. July 1, 1978
Amended Eff. April 11, 1980
Repealed Eff. February 1, 1982.

19A NCAC 03D .0106 Records

History

Status: repealed
Authority G.S.20-1; 20-52.1; 20-75; 20-79(a),(b); 20-82; 20-286(6),(15); 20-289
20-290(a); 20-291; 20-302; 20-303; 20-347; 143-350(g)
Eff. July 1, 1978
Amended Eff. April 11, 1980
Repealed Eff. February 1, 1982.

19A NCAC 03D .0107 Hearings Pursuant to Article 12

History

Status: repealed
Authority G.S.20-1; 20-52.1; 20-75; 20-79(a),(b); 20-82; 20-286(6),(15); 20-289
20-290(a); 20-291; 20-302; 20-303; 20-347; 143-350(g)
Eff. July 1, 1978
Amended Eff. April 11, 1980
Repealed Eff. February 1, 1982.

19A NCAC 03D .0108 Rules and Regulations

History

Status: repealed
Authority G.S.20-1; 20-52.1; 20-75; 20-79(a),(b); 20-82; 20-286(6),(15); 20-289
20-290(a); 20-291; 20-302; 20-303; 20-347; 143-350(g)
Eff. July 1, 1978
Amended Eff. April 11, 1980
Repealed Eff. February 1, 1982.

19A NCAC 03D .0109 Forms

History

Status: repealed
Authority G.S.20-1; 20-52.1; 20-75; 20-79(a),(b); 20-82; 20-286(6),(15); 20-289
20-290(a); 20-291; 20-302; 20-303; 20-347; 143-350(g)
Eff. July 1, 1978
Amended Eff. April 11, 1980
Repealed Eff. February 1, 1982.

19A NCAC 03D .0201 Requirement for License

History

Status: repealed
Authority G.S. 20-1; 20-52.1; 20-75; 20-79; 20-82; 20-286(6) and (15); 20-287; 20-288; 20-290(a); 20-291; 20-294 through 20-296; 20-301 through 20-305; 20-305.1 through 20-305.3; 54-4; 55-131; 66-68; 143B-350(g)
Eff. July 1, 1978
Amended Eff. March 1, 1982; April 11, 1980
Repealed Eff. June 1, 1988.

19A NCAC 03D .0202 Dealer and Manufacturers' Plates and Temporary Markers

History

Status: repealed
Authority G.S. 20-1; 20-39; 20-57; 20-68; 20-79; 20-79.1
Eff. July 1, 1978
Amended Eff. April 11, 1980
Repealed Eff. March 1, 1982.

19A NCAC 03D .0203 License Fees

History

Status: repealed
Authority G.S. 20-1; 20-39; 20-52.1; 20-68; 20-68(a); 20-75; 20-79; 20-79(a)(b); 20-79.1; 20-82; 20-85(5); 20-87(7); 20-286(6)(15); 20-289; 20-290(a); 20-291; 20-294 through 20-296; 20-297; 20-301 through 20-305; 20-305.1 through 20-305.3; 20-347
Eff. March 1, 1982
Amended Eff. August 1, 1984
Repealed Eff. June 1, 1988.

19A NCAC 03D .0204 Description of License

History

Status: repealed
Authority G.S. 20-1; 20-39; 20-52.1; 20-68; 20-68(a); 20-75; 20-79; 20-79(a)(b); 20-79.1; 20-82; 20-85(5); 20-87(7); 20-286(6)(15); 20-289; 20-290(a); 20-291; 20-294 through 20-296; 20-297; 20-301 through 20-305; 20-305.1 through 20-305.3; 20-347
Eff. March 1, 1982
Amended Eff. August 1, 1984
Repealed Eff. June 1, 1988.

19A NCAC 03D .0205 Change of Employment

History

Status: repealed
Authority G.S. 20-1; 20-39; 20-52.1; 20-68; 20-68(a); 20-75; 20-79; 20-79(a)(b); 20-79.1; 20-82; 20-85(5); 20-87(7); 20-286(6)(15); 20-289; 20-290(a); 20-291; 20-294 through 20-296; 20-297; 20-301 through 20-305; 20-305.1 through 20-305.3; 20-347
Eff. March 1, 1982
Amended Eff. August 1, 1984
Repealed Eff. June 1, 1988.

19A NCAC 03D .0206 Records

History

Status: repealed
Authority G.S. 20-1; 20-39; 20-52.1; 20-68; 20-68(a); 20-75; 20-79; 20-79(a)(b); 20-79.1; 20-82; 20-85(5); 20-87(7); 20-286(6)(15); 20-289; 20-290(a); 20-291; 20-294 through 20-296; 20-297; 20-301 through 20-305; 20-305.1 through 20-305.3; 20-347
Eff. March 1, 1982
Amended Eff. August 1, 1984
Repealed Eff. June 1, 1988.

19A NCAC 03D .0207 Hearings Pursuant to Article 12

History

Status: repealed
Authority G.S. 20-1; 20-39; 20-52.1; 20-68; 20-68(a); 20-75; 20-79; 20-79(a)(b); 20-79.1; 20-82; 20-85(5); 20-87(7); 20-286(6)(15); 20-289; 20-290(a); 20-291; 20-294 through 20-296; 20-297; 20-301 through 20-305; 20-305.1 through 20-305.3; 20-347
Eff. March 1, 1982
Amended Eff. August 1, 1984
Repealed Eff. June 1, 1988.

19A NCAC 03D .0208 Illegal Use of Dealer Plates

History

Status: repealed
Authority G.S. 20-1; 20-39; 20-52.1; 20-68; 20-68(a); 20-75; 20-79; 20-79(a)(b); 20-79.1; 20-82; 20-85(5); 20-87(7); 20-286(6)(15); 20-289; 20-290(a); 20-291; 20-294 through 20-296; 20-297; 20-301 through 20-305; 20-305.1 through 20-305.3; 20-347
Eff. March 1, 1982
Amended Eff. August 1, 1984
Repealed Eff. June 1, 1988.

19A NCAC 03D .0209 Dealer Plates Lost or Stolen

History

Status: repealed
Authority G.S. 20-1; 20-39; 20-52.1; 20-68; 20-68(a); 20-75; 20-79; 20-79(a)(b); 20-79.1; 20-82; 20-85(5); 20-87(7); 20-286(6)(15); 20-289; 20-290(a); 20-291; 20-294 through 20-296; 20-297; 20-301 through 20-305; 20-305.1 through 20-305.3; 20-347
Eff. March 1, 1982
Amended Eff. August 1, 1984
Repealed Eff. June 1, 1988.

19A NCAC 03D .0210 Conditions for Issuing Temporary Markers by a Dealer

History

Status: repealed
Authority G.S. 20-1; 20-39; 20-52.1; 20-68; 20-68(a); 20-75; 20-79; 20-79(a)(b); 20-79.1; 20-82; 20-85(5); 20-87(7); 20-286(6)(15); 20-289; 20-290(a); 20-291; 20-294 through 20-296; 20-297; 20-301 through 20-305; 20-305.1 through 20-305.3; 20-347
Eff. March 1, 1982
Amended Eff. August 1, 1984
Repealed Eff. June 1, 1988.

19A NCAC 03D .0211 Issuance of Temporary Marker Receipts

History

Status: repealed
Authority G.S. 20-1; 20-39; 20-52.1; 20-68; 20-68(a); 20-75; 20-79; 20-79(a)(b); 20-79.1; 20-82; 20-85(5); 20-87(7); 20-286(6)(15); 20-289; 20-290(a); 20-291; 20-294 through 20-296; 20-297; 20-301 through 20-305; 20-305.1 through 20-305.3; 20-347
Eff. March 1, 1982
Amended Eff. August 1, 1984
Repealed Eff. June 1, 1988.

19A NCAC 03D .0212 Dealer's Delivery of Purchaser's Application Registration

History

Status: repealed
Authority G.S. 20-1; 20-39; 20-52.1; 20-68; 20-68(a); 20-75; 20-79; 20-79(a)(b); 20-79.1; 20-82; 20-85(5); 20-87(7); 20-286(6)(15); 20-289; 20-290(a); 20-291; 20-294 through 20-296; 20-297; 20-301 through 20-305; 20-305.1 through 20-305.3; 20-347
Eff. March 1, 1982
Amended Eff. August 1, 1984
Repealed Eff. June 1, 1988.

19A NCAC 03D .0213 Renewal of Dealer Plates

History

Status: repealed
Authority G.S. 20-39; 20-66; 20-79
Eff. August 1, 1982
Repealed Eff. June 1, 1988.

19A NCAC 03D .0214 Corp. Surety Bonds: Mobile/Manufactured Home Dealers

History

Status: repealed
Authority G.S. 20-39; 20-288(e)
Eff. December 1, 1982
Repealed Eff. June 1, 1988.

19A NCAC 03D .0215 Eligibility for Licensing

Any person, firm or corporation who upon proper application meets the qualifications and requirements set out in Article 12 of Chapter 20 of the North Carolina General Statutes, G.S. 20-79 and rules contained in Title 19A, Subchapter 03D, Section .0200 shall be eligible for issuance of a dealer license.

History

Authority G.S. 20-1; 20-302
Eff. June 1, 1988
Amended Eff. January 1, 1994
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03D .0216 Definitions

(a) Statutory Definitions: Definitions for words and phrases used in this Section and not defined in subsection (b) shall be the same as the definitions appearing in G.S. 20-286 and G.S. 20-4.01.

(b) Administrative Definitions: The following words and phrases shall have the meanings listed below when used in this Section:

(1) "Established Salesroom" - A salesroom containing at least 96 square feet of floor space in a permanently enclosed building or structure which is separate and apart from any living quarters, residence or other business and having a separate entrance; where any vehicles displayed are separate and apart from vehicles of any other dealer; having displayed thereon or immediately adjacent thereto a sign, in block letters of not less than 3 inches in height on a contrasting background, clearly and distinctly designating the trade name of the business at which a permanent business of bartering, trading and selling of motor vehicles will be carried on as such in good faith and at which place of business shall be kept and maintained the books, records, and files the Division requires as necessary to conduct the business at such location. A building is not considered permanent if it has wheels. In order for a manufactured home to be considered a permanent enclosed building, it must be underpinned and wheels removed. Provided, however, the minimum area requirement provided for in this Paragraph is not applicable to any established place of business lawfully in existence and duly licensed on or before January 1, 1978.

(2) "Established Office" (Wholesaler) - An office containing at least 96 square feet of floor space in a permanently enclosed building or structure which is accessible to Division personnel and is where required books, records and files are kept.

(3) "Suspension" - The temporary withdrawal of a license issued by the Division of Motor Vehicles to a motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch, wholesaler or their sales representative for a definite period.

(4) "Revocation" - The termination of a license issued by the Division of Motor Vehicles to a motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch, wholesaler or their sales representative.

(5) "Automobile" - Any passenger car or station wagon.

History

Authority G.S. 20-1; 20-302
Eff. June 1, 1988
Temporary Amendment Eff. February 9, 1989 for a Period of 180 Days to Expire on August 8, 1989
Temporary Amendment Expired Eff. August 8, 1989
Amended Eff. January 1, 1994; October 1, 1991; October 1, 1989
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03D .0217 Application for License

(a) Applications for all licenses required by the Motor Vehicle Dealers and Manufacturers Licensing Law shall be made on forms furnished by the Division and signed by the Owner, partner or proper officer of a corporation and filed with the Enforcement Section, N. C. Division of Motor Vehicles; Raleigh, North Carolina 27697, accompanied by the necessary fees; provided, the Division shall not issue a motor vehicle dealer license to a new motor vehicle dealer unless or until the applicant has satisfied the Division that a distributor or manufacturer has awarded the applicant a franchise to sell new motor vehicles in the relevant market area for which a license is sought.

(b) The application and annual renewal of license to do business as a manufacturer, factory branch, distributor, distributor branch, wholesaler or dealer, must be signed by the owner, partner or an officer of the corporation. The application for license as a motor vehicle sales representative, distributor or factory representative must be certified by the owner, partner, or an officer of the corporation.

(c) Application for all licenses required by the Motor Vehicle Dealers and Manufacturers Licensing Law must accurately describe the physical location of the business such as: street number, street name, city, state and zip code. If a post office box or rural route is used, the above information must also be included. It is not permissible to have a mailing address different from the actual location of the business. Wholesale applicants must supply the Division with a telephone number at which such business may be contacted by a representative of the Division concerning records and sales transactions.

(d) Each applicant prior to being approved for license as a motor vehicle dealer, manufacturer, distributor, distributor branch, wholesaler or factory branch shall furnish a corporate surety bond, cash bond or fixed value equivalent thereof as required by G.S. 20-288(e). This bond shall remain in force and effect so long as the licensee remains in business. When a cash bond or equivalent thereof is filed with the Division, same shall remain in effect for a period of four years after termination of business. The name and address appearing on the bond must be exactly as shown on the application.

(e) The Division must have evidence of an assumed name being filed with the Register of Deeds in the county in North Carolina where the business is maintained when such business is operated under any designation, name or style other than the real name of the owner or owners thereof or under its corporate name. After this filing when there is a change of name or ownership, evidence of this change being filed with the Register of Deeds shall be furnished to the Division of Motor Vehicles.

(f) A foreign corporation must procure a certificate of authority from the North Carolina Secretary of State before being licensed to operate in this State under the Motor Vehicle Dealers and Manufacturers Licensing Law and provide written proof of same to the Division.

(g) Before a North Carolina corporation can be licensed under the Motor Vehicle Dealer and Manufacturers Licensing Law, articles of incorporation must have been filed with the North Carolina Secretary of State, and written proof of same provided to the Division.

(h) Before the Division shall issue licenses required by the Motor Vehicle Dealers and Manufacturers Licensing Law, the established salesroom or established office shall be in compliance with all state, county and municipal zoning ordinances or regulations, and written proof of same provided to the Division.

(i) Prior to issuance of licenses required by the Motor Vehicle Dealers and Manufacturers Licensing Law, the applicant must purchase all required state and local "Traders" licenses and provide written proof of same to the Division.

(j) License fees for each fiscal year, or part thereof, shall be as provided under G.S. 20-289; provided no license shall be issued until the fees for license required by G.S. 20-87(7) have been paid to the Division.

(k) Upon receipt of application for any license required by the Motor Vehicle Dealers and Manufacturers Licensing Law, the Commissioner shall cause an investigation to be made to determine whether the applicant meets the requirements of law for licensing as a motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch, wholesaler, motor vehicle sales representative, factory representative or distributor branch representative, and this shall include the inspection of the proposed location, applications and other required documents by an agent of the Enforcement Section.

(l) When an applicant for a license under this Section is approved, based upon the application and the results of investigation made, the applicant will be issued license subject to the following limitations:

(1) A license issued under the Motor Vehicle Dealers and Manufacturers Licensing Law shall be valid until suspended, revoked or expired. The license must be at all times conspicuously displayed at the place designated by the Division.

(2) Any motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch, or wholesaler who moves his place of business from the location for which license was issued shall immediately notify the Enforcement Section, North Carolina Division of Motor Vehicles, of such change of location and shall not engage in the business of buying, selling, trading or manufacturing motor vehicles until the new location has been inspected and approved by an agent of the Division and the necessary form and additional fees, if any, have been submitted to the Division.

(3) A license issued pursuant to Article 12 of Chapter 20 of the General Statutes shall not be assignable and shall be valid only for the owner, or owners in whose name or names it is issued and for transaction of business only at place designated therein. If an individual, partnership or proprietorship should incorporate, new fees are due.

(4) The Division shall be notified when there is a change of name and the licensee shall produce evidence that a bond as required by G.S. 20-288(e) is in effect.

(m) The Commissioner shall deny the application for any license under the Motor Vehicle Dealers and Manufacturers Licensing Law of any applicant who fails to meet the qualifications set out in Article 12 of Chapter 20 of the North Carolina General Statutes. Upon denial, applicant:

(1) Shall be notified by certified mail within 30 days from denial of license, directed to the address shown by applicant on application form.

(2) Upon request, shall be afforded a hearing by the Commissioner of Motor Vehicles as required under provisions of G.S. 20-295.

(n) Every motor vehicle sales representative who engages in business in this State as such must obtain a license. Applicants for a motor vehicle sales representative's license shall be subject to the following provisions:

(1) A sales representative, factory representative, or distributor representative, must be employed by a motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch, or wholesaler.

(2) All applications for sales representative, factory representative, and distributor representative licenses must be made on forms furnished by the Division. Each application must be signed by the applicant and endorsed by the employer or employers.

(3) All sales representative, factory representative, and distributor representative licenses shall be valid until suspended, revoked, or expiration, or until employment as a sales representative, factory representative for which it is issued is terminated.

(4) All sales representatives, factory representatives, and distributor representatives shall at the time of changing employment return his license and make application to the Division on forms furnished by the Division designating the name and address of the new employer and must be signed by the applicant and endorsed by the employer or employers.

History

Authority G.S. 20-1; 20-52.1; 20-75; 20-79; 20-82; 20-286(6) and (15); 20-287; 20-288; 20-290(a); 20-291; 20-294 through 20-296; 20-301 through 20-305; 20-305.1 through 20-305.3; 66-68
Eff. June 1, 1988
Amended Eff. January 1, 1994; October 1, 1991; September 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03D .0218 Description of License

(a) Every license issued to a dealer, manufacturer, factory branch, distributor, distributor branch, or wholesaler must show the name of the business, location, license number and expiration of license.

(b) Every license issued to a sales, factory or distributor representative must show his name and address, name of his employer and expiration date.

(c) Every motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch, or wholesaler shall, on or before the 30th day of June in any calendar year, apply for and obtain, upon payment of proper fees, the license and number plates required by G.S. 20-79.

History

Authority G.S. 20-1; 20-79; 20-290(a); 20-291; 20-302
Eff. June 1, 1988
Amended Eff. January 1, 1994; October 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03D .0219 Business Records

(a) All motor vehicle dealers, manufacturers, factory branches, distributors, distributor branches and wholesalers shall keep a record for at least four years of all vehicles manufactured, received, sold, traded or junked. In addition, a copy of any disclosure required by G.S. 20-71.4 received or given by the dealer must be retained for four years. An odometer disclosure form shall be retained for a period of five years as required by G.S. 20-347.1.

(b) All motor vehicle dealers, manufacturers, factory branches, distributor branches and wholesalers shall keep for a period of four years the following additional records for each vehicle and mobile/modular home manufactured, received, sold, traded or junked:

(1) Make, body style, vehicle identification number, and year model.

(2) Name of person, firm or corporation from whom acquired.

(3) Date vehicle purchased or manufactured.

(4) Name of person, firm or corporation to whom sold or traded. If vehicle junked, date, name and address of person, firm or corporation to whom frame, motor and body sold.

(5) Date vehicle sold or traded.

(6) Copy of bill of sale (written statement).

(7) The North Carolina oversize single trip or annual permit number authorizing movement of the mobile/modular unit, serial number or vehicle identification number of the mobile/modular unit, the date of move, transporter, and name and address of purchaser.

(c) All records required to be maintained in Paragraphs (a) and (b) shall be kept and maintained for every vehicle purchased or sold and shall be kept so as to be readily available for inspection upon demand from an authorized agent of the North Carolina Division of Motor Vehicles in order that the ownership of any vehicle purchased or sold can be traced.

(d) Manufacturer's Certificates of Origin and title for all vehicles owned by a motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch or wholesaler must be immediately available to assign to the purchaser.

(e) Retail installment sales must be made in accordance with G.S. 20-303. Cash sales may be made by proper endorsement and delivery of the title to the purchaser and any other receipt that the purchaser and seller agree upon.

(f) Pursuant to 16 CFR 455.2 a dealer shall not willfully remove the "Monroney Label" or sticker from a new automobile that is displayed for sale. The "Monroney Label" must be affixed to the new automobile at the time of sale to the ultimate purchaser. "Ultimate Purchaser" means the first person, other than a dealer purchasing in his capacity as a dealer, who in good faith purchases a new automobile for purposes other than a resale.

(g) Pursuant to 15 USC Sec. 1231 every dealer offering used cars for sale shall post buyers guides with warranty information as required by the Federal Trade Commission and same shall be displayed at the time of sale.

History

Authority G.S. 20-1; 20-52; 20-71.4; 20-75; 20-79(a) and (b); 20-82; 20-286(6) and (15); 20-297; 20-302; 20-303; 20-347
Eff. June 1, 1988
Amended Eff. January 1, 1994; October 1, 1991; October 1, 1989
Filed as a Temporary Rule Eff. October 1, 2000
Amended Eff. August 1, 2002
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03D .0220 Inspection and Investigation

(a) The Division may make periodic inspections of premises and records of licensee.

(b) All bona fide complaints received in writing by the Commissioner about any person, firm or corporation licensed under Article 12 of Chapter 20 shall be investigated for the purpose of determining whether there has been a violation of that Article, Article 15 or these rules.

(c) The Division shall also conduct an investigation when it has reasonable grounds to believe there has been a violation of Chapter 20 or these rules.

History

Authority G.S. 20-1; 20-49; 20-297; 20-302
Eff. June 1, 1988
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03D .0221 Conditions for Issuing Temporary Markers by a Dealer

(a) A dealer shall meet the following conditions before issuing a temporary marker:

(1) The dealer has passed ownership to the purchaser by:

(A) either assigning the title or Manufacturer's Certificate of Origin, or pursuant to G.S. 20-52.1 if the title of Manufacturer's Certificate of Origin is unavailable; and

(B) delivering the vehicle to the buyer.

(2) Dealer has met all application and fee requirements pursuant to G.S. 20-79.1.

(3) Dealer has proof of liability insurance pursuant to G.S. 279.21.

(4) Exception. Subparagraph (a)(2) of this Rule shall not apply when the dealer is selling the vehicle to an out-of-state purchaser and the vehicle is to be removed from the State of North Carolina to the purchaser's place of residency prior to the expiration of the 30-day temporary registration marker. Proof of insurance Form FS-1 shall be completed and kept by the dealer as part of his or her records. For purposes of the Rules of this Section, Form FS-1 is provided by insurance companies in the State and requires the following:

(A) vehicle year, make and identification number;

(B) insurance company name and company code;

(D) registered owner's name and effective date of insurance;

(E) owner's driver license number and date of birth;

(F) owner's address;

(G) preparation date and authorized signature of insurance company representative.

(b) Procedure for issuance of 30-day temporary markers:

(1) All 30-day temporary markers shall be issued in numerical order, beginning with the lowest number of the set or sets.

(2) The vehicle identification number, the make, the issuance date, and the expiration date shall be entered on the face of the temporary marker.

(3) A receipt, which corresponds in number with the 30-day temporary marker, shall be issued by the dealer to the buyer.

(4) The receipt shall be completed in duplicate and shall be legible.

(5) The white copy of the receipt, with the 30-day marker, shall be delivered to the purchaser. The pink copy shall be retained by the issuing dealer for one year.

(6) Pursuant to G.S. 20-52, all documents necessary to title and register the vehicle shall be presented to a license plate agency or mailed to the North Carolina Division of Motor Vehicles within four working days from date of issuance. When the purchaser is a nonresident, a 30-day temporary marker may be issued to the nonresident for the sole purpose of removing the vehicle to his or her place of residency provided the customer has in effect liability insurance with a company licensed in North Carolina. The dealer is neither required to obtain from such nonresident a written application for North Carolina registration nor to collect the North Carolina registration fees. However, Form FS-1 shall be completed and kept by the dealer as part of his or her records. If a plate is to be transferred, a 30-day temporary marker shall not be issued. All information shall be recorded on the report sheet in the back of receipt book.

(7) All 30-day temporary markers and receipts that are voided shall be marked void and recorded on the report sheet. The white copy of the receipt and the 30-day temporary marker shall be mailed to the North Carolina Division of Motor Vehicles License and Theft Bureau together with the report sheets. Receipts and 30-day temporary markers that do not match shall be returned to the Division after recording on report sheet. The receipt shall not be altered.

(8) Only one 30-day temporary marker shall be issued per vehicle per sale unless requirements in G.S. 20-79.1(h) are met.

(9) Upon issuance of all receipts in each receipt book, the report sheet shall be completed in duplicate and the original mailed to the Division.

History

Authority G.S. 20-39; 20-52.1; 20-279.21
Eff. June 1, 1988
Amended Eff. January 1, 1994; October 1, 1991; October 1, 1989
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September
22, 2018
Amended Eff. September 1, 2021.

19A NCAC 03D .0222 Dealer's Delivery/Purchaser's Appl: Registration

History

Status: repealed
Authority G.S. 20-39; 20-79.1
Eff. June 1, 1988
Repealed Eff. October 1, 1989.

19A NCAC 03D .0223 Dealer Plates

(a) The Application for Dealer Plates Form VS-405 for dealer plates shall be signed by the owner, partner, or officer of the corporation.

(b) Form VS-405 shall include:

(1) license number and expiration date;

(2) number of dealer plates noted on VS-419 (if applicable) for renewal;

(3) additional or new dealer plates requested including the type of plate for independent dealer, franchise dealer, motorcycle plate, exempt trailer, manufacturer plate or motorcycle manufacturer and quantity needed;

(4) number of dealer transporter plates noted on VS-419 for renewal;

(5) additional or new dealer transporter plates requested;

(6) total number of dealer transporter plates;

(7) number of loaner dealer plates noted on VS-419 for renewal;

(8) additional or new loaner dealer plates requested;

(9) quantity of loaner plates;

(10) late fee as set forth in G.S. 20-88.03 per plate within one month of expiration; and

(11) total of all requested.

(c) Any dealer seeking to replace lost or stolen dealer plates shall complete and submit Form VS-405 with the fee required by G.S. 20-87(7) to the Division of Motor Vehicles. The dealer shall be reported to the local law enforcement agency and the Division of Motor Vehicles.

History

Authority G.S. 20-39; 20-79(a); 20-87(7); 20-88.03
Eff. June 1, 1988
Amended Eff. January 1, 1994; October 1, 1991
Readopted Eff. September 1, 2021.

19A NCAC 03D .0224 Illegal Use of Dealer Plates

(a) A dealer shall only use dealer plates in accordance with the requirements of G.S. 20-79(d).

(b) Parts trucks used in delivering parts to other sales outlets may use dealer plates only if the sale of parts is incident to the dealer business.

(c) No person, other than those set forth in G.S. 20-79(d)(5)a. through f. shall operate a dealership vehicle unless they are in possession of a 96-hour permit. The said permit shall include license plate number, permittee's name, address, driver's license number, date and hour of issue and shall be signed by a dealer or sales manager and a person receiving the vehicle. A duplicate copy of the permit shall be retained by the dealer. The permit is void if erasures are made. For purposes of this Rule, "immediate family" as used in G.S. 20-79(d)(5)f. shall include a parent; spouse; sibling; child by blood, adoption, or marriage; grandparent, or grandchild.

(d) A wrecker shall not use dealer plates for wrecker service or on wreckers that move vehicles on a rotation basis at the request of state or local law enforcement authorities. A wrecker may use a dealer plate on wreckers that tow vehicles for the dealer's customers only.

(e) The civil penalty imposed upon a dealer pursuant to G.S. 20-79(e)(2) is due in full upon assessment by the Division. The license of a dealer who willfully and intentionally fails to pay the civil penalty within 30 days after notice of the assessment is delivered to the dealer or an employee of the dealer shall be suspended by the Division until the penalty is paid in full.

History

Authority G.S. 20-39; 20-79; 20-302; 20-294(2)
Eff. June 1, 1988
Amended Eff. December 1, 1993; October 1, 1991; October 1, 1989
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September
22, 2018
Amended Eff. September 1, 2021.

19A NCAC 03D .0225 Vehicles Offered for Sale Owned by Dealership

(a) No vehicle shall be sold or offered for sale or trade by any motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch, or wholesaler until it has in its possession a certificate of title or manufacturers certificate of origin or the same is available prior to conclusion of the sale or trade to complete transfer of ownership to the consumer-purchaser.

(b) This Rule does not apply when a manufacturer's certificate of origin or title are unavailable at the time of sale or trade and the dealer acts in accordance with G.S. 20-52.1(d), 20-72(b), or 20-72.1, whichever is applicable.

History

Authority G.S. 20-39; 20-79
Eff. June 1, 1988
Amended Eff. October 1, 1991
Readopted Eff. September 1, 2021.

19A NCAC 03D .0226 Vehicles Offered for Sale on Consignment

(a) Any dealer offering a vehicle for sale that is on consignment from a manufacturer, distributor, factory branch, distributor branch, wholesaler, or individual shall have in his possession a consignment contract for each vehicle, executed by both parties.

(b) The consignment contract shall consist of the following:

(1) the effective dates of the contract;

(2) the first, middle and last name, address, and the telephone number, if available, of the owner;

(3) the description of the vehicle on consignment, including the make, model, body style, year, and vehicle identification number;

(4) the listing charges;

(5) the percentage of commission or the amount of the commission the dealer is to get if the vehicle is sold; and

(6) the right of the dealer to receive the agreed upon commission, if the vehicle is sold after the termination of the agreement and as a result of the dealer's effort, which shall not exceed 30 days.

(c) Any dealer offering a vehicle for sale on consignment shall tell the prospective customer that the vehicle is on consignment unless the dealer is going to take ownership of the vehicle by completing a re-assignment on the title documents. Any dealer selling a vehicle on consignment from a wholesaler shall take ownership of that vehicle prior to its retail sale.

(d) Dealer plates shall not be used to demonstrate a vehicle on consignment. However, the consignor's (owner's) plate may be used so long as the vehicle registration is active and liability insurance is in effect.

(e) In addition to a consignment contract, the dealer shall keep on file an equipment listing of the vehicle, consisting of, but not limited to, the following:

(1) owners name and address; and

(2) a description of the vehicle which shall include the year, make, model, body style, color, odometer reading, additional equipment, and the disclosure of known defects.

(f) The ownership documents of any vehicle on consignment shall be made available by the dealer to any North Carolina Division of Motor Vehicles employee on request.

(g) The owner shall execute the ownership documents and deliver them to the purchaser at the time the vehicle is delivered.

History

Authority G.S. 20-79(d); 20-302
Eff. June 1, 1988
Amended Eff. January 1, 1994; October 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018
Amended Eff. September 1, 2021.

19A NCAC 03D .0227 Vehicles Offered for Sale on a Floor Plan Lien

(a) A "floor plan "lien" is a revolving line of credit in which a superior financial interest in a vehicle is held by a party other than the dealer.

(b) A dealer offering a vehicle subject to a floor plan lien for sale shall at the time of sale, satisfy the floor plan lien and obtain the title from the floor plan lienholder, execute the title documents, and deliver them to the purchaser or the lienholder as required by G.S. 20-52.1, 20-72, 20-72.1 and 20-75 at the time the vehicle is delivered.

(c) Manufacturers Certificate of Origin may be retained by the floor plan lienholder so long as the Manufacturers Certificate of Origin is located within the boundaries of North Carolina; provided the dealer has in possession, available for inspection, an invoice from the manufacturer or distributor and a Floor Plan Lien Disclosure Statement completed, dated, and signed by both parties. The Floor Plan Lien Disclosure Statement (LT-411) includes the following:

(1) name of lien holder;

(2) vehicle make, model, and style;

(3) vehicle identification number;

(4) address of lien holder;

(5) name of dealership;

(6) signature of lien holder and dealer; and

(7) date of agreement.

(d) Mobile and manufactured home dealers shall be exempt from the requirement that the Manufacturer's Certificate of Origin be located within the boundaries of North Carolina. All other provisions of this Rule shall apply to mobile and manufactured home dealers.

History

Authority G.S. 20-39; 20-52.1; 20-72; 20-72.1; 20-75
Eff. June 1, 1988
Amended Eff. June 1, 1995; January 1, 1994; October 1, 1991
Readopted Eff. September 1, 2021.

19A NCAC 03D .0228 Bill of Sale, Odometer Statement - Written Documentation

(a) Bill of Sale - Every motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch or wholesaler at the time of sale or trade shall provide to the buyer in writing the applicable information listed below which may be on a bill of sale, buyer's order, financial statement or combination thereof. Each form must be completed in duplicate, signed by the buyer and seller, and the original or copy provided to the buyer and a copy of original retained by the dealer for four years. Such information shall include:

(1) Name and address of person, firm or corporation to whom vehicle sold or traded.

(2) Date of sale or trade.

(3) Name and address of motor vehicle dealer, manufacturer, factory branch, distributor, distributor branch or wholesaler selling or trading vehicle.

(4) Make, body style, vehicle identification number and year model.

(5) Sale price of vehicle.

(6) Amount of cash down payment made by the buyer.

(7) Description of any vehicle used as a trade-in and the amount credited the buyer for sale trade-in. [Description of trade-in shall be the same as outlined in Subparagraph (a)(4) of this Rule.]

(8) Amount of finance charge, if any, and interest.

(9) The cost of insurance to the buyer, if any, and an explanation of the type and amount of coverage.

(10) Any investigation charges, service charges or any other charge or charges not included in previous items. The purpose of each charge must be specified.

(11) Net balance due from the buyer.

(12) The amount of each payment and the time and schedule of deferred payment and to whom payments are to be made.

(b) Odometer Statement - Odometer disclosure statements must comply with Article 15 of Chapter 20 of the North Carolina General Statutes and copies retained for a period of five years.

History

Authority G.S. 20-39
Eff. June 1, 1988
Amended Eff. January 1, 1994; October 1, 1991; October 1, 1989
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03D .0229 Corp. Surety Bonds: Mobile Manufactured Home Dealers

A person, business or entity who is engaged in the business of selling mobile or manufactured home, as defined in G.S. 143-143.9, and who also sells motor vehicles in connection to this business, shall either:

(1) furnish to the Division a corporate surety bond, cash bond, or fixed equivalent thereof pursuant to G.S. 20-288(e); or

(2) furnish to the Division a copy of the bond that the dealer has furnished to the North Carolina Manufactured Housing Board, pursuant to G.S. 143-143.12.

History

Authority G.S. 20-288(e); 20-302
Eff. June 1, 1988
Amended Eff. January 1, 1994
Readopted Eff. September 1, 2021.

19A NCAC 03D .0230 Suspension: Revocation and Renewal Refused

(a) Suspension: Any person, firm or corporation whose license is suspended shall:

(1) Surrender all licenses and license plates (dealer, manufacturer or temporary marker) to the Division and not engage in the business of buying, selling, trading or manufacturing motor vehicles while license is suspended.

(2) Reinstatement: At the termination of period of suspension, license, license plates and temporary markers will be returned to licensee upon payment of necessary fees, if any. If no fees are due, license, license plates and temporary markers will be returned to licensee upon request; if fees are due, licensee shall be notified prior to date of termination of suspension.

(b) Revocation:

(1) Any person, firm or corporation whose license has been revoked shall surrender all licenses, license plates (dealer, manufacturer and temporary marker) to the Division and not engage in the business of buying, selling, trading, or manufacturing motor vehicles until new license and license plates have been obtained.

(2) New license required:

(A) Where a license has been revoked, a new license must be obtained before carrying on any activity covered by Article 12 of Chapter 20.

(B) The procedure for obtaining a new license after revocation shall be the same as that for obtaining an original license except that application shall have noted on the face thereof by applicant the fact that prior license has been revoked and the date of such revocation.

(C) Where dealer or manufacturer's license plates have been revoked, the procedure for obtaining new plates shall be the same as that for obtaining original license plates.

(c) Renewal refused: Any person, firm or corporation whose renewal application for license has been refused must surrender all license plates to the Division for cancellation.

History

Authority G.S. 20-1; 20-302
Eff. June 1, 1988
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03D .0231 Hearings Pursuant to Articles 12 and 15 of Chapter 20

(a) The following shall be applicable to hearings requested under G.S. 20-296:

(1) No license issued under this Article shall be suspended, revoked or renewal refused until a hearing has been held before the Commissioner or a person designated by him and licensee shall have been notified in writing ten days prior to such hearing by certified mail to his last known address as shown by records of the Division. Provided, however, if a licensee fails to maintain a bond as required by G.S. 20-288(e) or fails to purchase dealer license plates as required by G.S. 20-79, the Division shall cancel the dealer's license subject to the provision that the licensee shall be granted a hearing if requested in writing within ten days after the date of cancellation of such license.

(2) Hearing shall be held at a place designated by the Commissioner.

(3) The licensee shall be advised of the decision of the Commissioner in writing by certified mail within 30 days of the decision to his last known address as shown by records of the Division.

(4) The decision of the Commissioner or his duly authorized representative, after hearing, shall be final and appeal therefrom shall be as provided in Chapter 150B of the North Carolina General Statutes (G.S. 20-300).

(b) Except as otherwise provided, the North Carolina Rules of Civil Procedure will be applicable to hearings requested under N.C.G.S. 20-304 through 20-305.4.

(1) Action shall be initiated by the filing of a petition with the Commissioner of Motor Vehicles, North Carolina Division of Motor Vehicles, Raleigh, N. C. 27697, who shall serve a copy thereof on the affected manufacturer by certified mail (return receipt requested) with notice that such manufacturer shall reply to the subject petition of the dealer within 30 days.

(2) Petitioner and replies:

(A) The form of the petition shall be the same as that required for filing of petitions in the superior court and there shall be attached thereto a copy of the franchise agreement between the dealer and manufacturer.

(B) The form of the reply to the petition shall be the same as required for the filing of a reply to a petition in the superior court and there shall be attached thereto a copy of the franchise agreement between the manufacturer and dealer.

(3) The hearing shall be held at a place designated by the Commissioner upon 20 days written notice to both the petitioner and respondent.

(A) It shall be the obligation of the parties involved to have present at any hearing all witnesses which the parties desire to be heard.

(B) The parties shall be advised of the decision of the Commissioner in writing by certified mail to the addresses as shown in the pleadings filed in the action.

(4) The decision of the Commissioner or his duly authorized representative after hearing shall be final and appeal therefrom shall be as provided in Chapter 150B of the North Carolina General Statutes (G.S. 20-300).

History

Authority G.S. 20-1; 20-294 through 20-296; 20-301 through 20-305; 20-305.1 through 20-305.3
Eff. June 1, 1988
Amended Eff. January 1, 1994; October 1, 1991; October 1, 1989
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03D .0232 Civil Penalty Schedule for Non-Licensed Motor Vehicle Dealers

The civil penalty schedule established in this Rule shall apply to a person acting as a dealer who has not obtained a license pursuant to Article 12 of the Motor Vehicle dealers and Manufacturers Licensing Law. The Division of Motor Vehicles shall apply the penalty schedule in the following manner:

(1) For a first offense of selling motor vehicles without a license against any person who is required to obtain a license under G.S. 20-287 and has not obtained the license, the DMV shall levy and collect a civil penalty of one thousand dollars ($1000) in addition to any other punishment required under the law.

(2) For a second offense of selling motor vehicles without a license against any person who is required to obtain a license under G.S. 20-287 and has not obtained the license, the DMV shall levy and collect a civil penalty of three thousand dollars ($3,000) in addition to any other punishment under the law.

(3) For a third or subsequent offense of selling motor vehicles without a license against any person who is required to obtain a license under G.S. 287 and has not obtained the license, the Division shall levy and collect a civil penalty of five thousand dollars ($5,000) in addition to any other punishment under the law.

History

Authority G.S. 20-39; 20-287
Eff. August 1, 2004
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03D .0233 Civil Penalty Schedule for Licensed Motor Vehicle Dealers

The civil penalty schedule established in this Rule applies to motor vehicle dealers, motor vehicle sales representatives, manufacturers, factory branches, factory representatives, distributors, representatives, distributor branches, distributor representatives, and wholesalers. The schedule categorizes violations as Type I (serious) Violations, Type II (moderate/less serious) Violations, and Type III (minor) Violations. The DMV shall apply the Civil Penalty Schedule as follows:

(1) Type I Violation: For a first Type I violation within three years by a licensee, the Division shall assess a civil penalty of two hundred fifty dollars ($250.00) in addition to any other punishment or remedy under the law. For a second Type I violation within three years by a licensee, the Division shall assess a civil penalty of five hundred dollars ($500.00) in addition to any other punishment or remedy under the law. For a third or subsequent Type I violation within three years by a licensee, the Division shall assess a civil penalty of one thousand dollars ($1,000) in addition to any other punishment or remedy under the law.

(2) Type II Violation: For a first Type II violation within three years by a licensee, the Division shall assess a civil penalty of one hundred dollars ($100.00) in addition to any other punishment or remedy under the law. For a second Type II violation within three years by a licensee, the Division shall assess a civil penalty of two hundred fifty dollars ($250.00) in addition to any other punishment or remedy under the law. For a third or subsequent Type II violation within three years by a licensee, the Division shall assess a civil penalty of five hundred dollars ($500.00) in addition to any other punishment or remedy under the law.

(3) Type III Violation: For any Type III violation by a licensee, the Division shall assess a civil penalty of fifty dollars ($50.00) in addition to any other punishment or remedy under the law.

(4) Multiple Violations: If a licensee commits two or more violations in the course of a single transaction or occurrence, the division shall assess a civil penalty specified for the most serious violation only, based upon the schedule set out in this Rule.

History

Authority G.S. 20-39; 20-287
Eff. August 1, 2004
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03D .0234 Type I or Serious Violations

The Division of Motor Vehicles shall apply the Civil Penalty Schedule for Type I Violations against a licensed automobile dealer for any of the following:

(1) Failing to deliver manufacturer's certificate at time of transfer as required in G.S. 20-52.1;

(2) Failing to deliver certificate of title at time of transfer as required in G.S. 20-75;

(3) Altering or forging certificate of title, registration card, or application as addressed in G.S. 20-71;

(4) Reproducing or possessing blank certificate of title;

(5) Failing to disclose damage to a vehicle as addressed in G.S. 20-71.4;

(6) Knowingly making false statements about the date a vehicle was sold or acquired as addressed in G.S. 20-74;

(7) Receiving or transferring stolen vehicles as addressed in G.S. 20-106;

(8) Injuring or tampering with vehicle as addressed in G.S. 20-107;

(9) Buying, receiving, disposing of, selling, offering for sale, concealing, or possessing vehicles or component parts with manufacturer's numbers as addressed in G.S. 20-108;

(10) Altering or changing engine or other numbers as addressed in G.S. 20-109;

(11) Making material misstatement in application for a license as addressed in G.S. 20-294(1);

(12) Making material misstatement in application for dealer license plate as addressed in G.S. 20-294(12);

(13) Failing to maintain established salesroom or established office as required in G.S. 20-294(3);

(14) Defrauding retail buyer or any other person with whom business is conducted in a manner which damages the buyer as addressed in G.S. 20-294(4);

(15) Employing fraudulent devices, methods or practices in connection with the laws of this State regarding the retaking or repossessing motor vehicles under retail installment contracts and resale of such vehicles as addressed in G.S. 20-294(5);

(16) Using unfair methods of competition or unfair deceptive acts or practices as addressed in G.S. 20-294(6);

(17) Knowingly advertising by any means, any untrue assertion or representation or statement of fact which is misleading or deceptive in any particular relating to the conduct of business licensed or for which a license is sought as addressed in G.S. 20-294(7);

(18) Knowingly advertising a used motor vehicle for sale as a new motor vehicle as addressed in G.S. 20-294(8);

(19) Being convicted of an offense set forth under G.S. 20l-106, G.S. 20-106.1, G.S. 20-107, or G.S. 20-112 while holding such a license or within five years prior to the date of filing the application as addressed in G.S. 20-294(9);

(20) Being convicted of a felony involving moral turpitude under the laws of this state, another state, or the United States as addressed in G.S. 20-294(9);

(21) Submitting a bad check to the Division of Motor Vehicles in payment of highway use taxes collected as addressed in G.S. 20-294(10);

(22) Knowingly giving an incorrect certificate of title, or failing to give a certificate of title to a purchaser, a lienholder, or the Division after a vehicle is sold as required in G.S. 20-294(11);

(23) Coercing or offering anything of value to any purchaser of a motor vehicle to provide any type of insurance coverage on said motor vehicle or accepting any policy as collateral on any vehicle sold to secure an interest in such vehicle in any company not qualified under the insurance laws of this state as addressed in G.S. 20-298;

(24) Failing to provide and deliver to buyer a written installment statement describing clearly the motor vehicle sold, the cash sale price thereof, the cash paid down by the buyer, the amount credited the buyer for any trade-in and a description of the motor vehicle traded, the amount of the finance charge, the amount of any other charge specifying its purpose, the net balance due from the buyer, the terms of the payment of such net balance and a summary of any insurance protected to be effected as addressed in G.S. 20-303; and

(25) Violating any statute included in or related to Article 15 of the Vehicle Mileage Act as addressed in G.S. 20-340 through G.S. 20-350.

History

Authority G.S. 20-39; 20-287
Eff. August 1, 2004
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03D .0235 Type Ii Moderate or Less Serious Violations

The Division of Motor Vehicles shall apply the Civil Penalty Schedule for Type II Violations against a licensed automobile dealer for any of the following:

(1) Failing to maintain in full force and effect a corporate surety bond as required by G.S. 20-288(c);

(2) Displaying motor vehicles for sale at retail at a location other than an established salesroom as required in G.S. 20-292;

(3) Failing to inspect new vehicles prior to retail sale and failing to inspect used vehicles before they are offered for sale as required in G.S. 20-183.4C;

(4) Failing to maintain and retain a record of all vehicles received and sold by the dealer to include all Division of Motor Vehicles' requirements for the period of time required by the Division as addressed in G.S. 20-297;

(5) Improperly issuing or using 30-day temporary markers as addressed in G.S. 20-79.1;

(6) Violating any rules in connection with the selling of vehicles on consignment as addressed in 19A NCAC 03D .0226; and

(7) Violating any laws concerning conspicuous disclosure of dealer administrative fees or finance yield charges as addressed in G.S. 20-101.1 and G.S. 20-101.2.

History

Authority G.S. 20-39; 20-287
Eff. August 1, 2004
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03D .0236 Type Iii Minor Violations

The Division of Motor Vehicles shall apply the Civil Penalty Schedule for Type III Violations against a licensed automobile dealer for any of the following:

(1) Failure of licensed dealer to keep a current list of licensed salespeople posted in a conspicuous manner as required in G.S. 20-290(b);

(2) Failure of licensed dealer to include license type and serial number of license in any advertisement publication as required in G.S. 20-290(c);

(3) Failure of any sales representative, factory representative, or distributive representative to carry licenses when engaged in business and display the same upon request as required in G.S. 20-291;

(4) Failure of sales representative, factory representative, or distributive representative to report change of employment, make new application, and submit appropriate change of employment fee to the Division; and

(5) Failure to post "Buyers Guide" on every used motor vehicle offered for sale with warranty information as required by the Federal Trade Commission.

History

Authority G.S. 20-39; 20-287
Eff. August 1, 2004
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03D .0301 Stolen Motor Vehicles

When a vehicle is reported stolen, the Division takes the necessary action to stop the title for the vehicle from being transferred except to the insurance company when the theft claim has been settled.

History

Authority G.S. 20-1; 20-2; 20-39; 20-103; 20-104
Eff. July 1, 1978
Amended Eff. August 1, 1984; February 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03D .0302 Recovered Motor Vehicles

(a) The Division's files are marked to indicate a recovered vehicle as soon as the report is received.

(b) The owner and lien holder (if any) are notified when a report of a recovered vehicle is received, except when the Division learns that the owner already knows the vehicle's location.

History

Authority G.S. 20-1; 20-2; 20-39; 20-103; 20-104
Eff. July 1, 1978
Amended Eff. February 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03D .0303 Sale of Vehicle to Satisfy Storage or Mechanic's Lien

History

Status: repealed
Authority G.S. 20-1; 20-77(d)(e); 20-114(c); 44A-2; 44A-4; 153-9; 160A-303:
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03D .0304 Sale of Motor Vehicle Under Judicial Proceedings

History

Status: repealed
Authority G.S. 20-1; 20-77(d)(e); 20-114(c); 44A-2; 44A-4; 153-9; 160A-303:
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03D .0305 Sale of Abandoned Vehicle

History

Status: repealed
Authority G.S. 20-1; 20-77(d)(e); 20-114(c); 44A-2; 44A-4; 153-9; 160A-303:
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03D .0306 Forms

History

Status: repealed
Authority G.S. 20-1; 20-77(d)(e); 20-114(c); 44A-2; 44A-4; 153-9; 160A-303:
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03D .0401 Stored Vehicle

A written or a computer-generated report must be filed with the Enforcement Section by law enforcement officers of all vehicles reported to them as abandoned and of all vehicles stored for illegal use.

History

Authority G.S. 20-1; 20-2; 20-39; 20-114(c)
Eff. July 1, 1978
Amended Eff. January 1, 1994; October 1, 1991; February 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03D .0402 Unclaimed Motor Vehicle

(a) To report an unclaimed vehicle pursuant to G.S. 20-77(d), a business operator or landowner shall submit a Report of Unclaimed Motor Vehicle Form to the License and Theft Bureau.

(b) Report of Unclaimed Motor Vehicle Forms are available at https://www.ncdot.gov/dmv/programs/fraud-theft/Pages/forms.aspx and https://connect.ncdot.gov/business/DMV/Pages/default.aspx.

(1) name, address, and phone number of business operator or landowner;

(2) make, body style, and year of vehicle;

(3) state, number, and year of the plate on the vehicle;

(4) date vehicle was left;

(5) vehicle identification number;

(6) approximate value of the vehicle;

(7) location of where the vehicle is being stored;

(8) reason for vehicle being left;

(9) condition of vehicle; and

(10) person or firm who authorized the tow of the vehicle.

History

Authority G.S. 20-2; 20-39; 20-77(d)
Eff. July 1, 1978
Amended Eff. October 1, 1991; February 1, 1982
Readopted Eff. September 1, 2021.

19A NCAC 03D .0403 Sale of Vehicle to Satisfy Garage Storage or Mechanic Lien

If a vehicle remains unclaimed following the submission of an Unclaimed Vehicle report as set forth in Rule .0402 of this Section and the expiration of time set forth in G.S. 44A-4(a), a person wishing to sell the unclaimed vehicle to satisfy a lien under Article 1 of Chapter 44A of the North Carolina General Statutes, he or she shall notify the License and Theft Bureau by completing a Notice of Intent to Sell a Vehicle to Satisfy Storage and/or the Mechanic's Lien Form LT-262. The form can be found at www.ncdot.gov/dmv and shall contain the following:

(1) vehicle make, year, body style, license plate number, serial or VIN number, and year the vehicle was last registered;

(2) location where the vehicle is stored;

(3) description of the lien as provided by G.S. 44A-2;

(4) date of storage;

(5) name and address of person authorizing repairs, services, towing and storage;

(6) name, address and signature of lienor; and

(7) payment of the fee set forth in G.S, 44A-4(b)(1).

History

Authority G.S. 20-2; 20-39; 20-77(d); 20-114(c); 44A-2; 44A-4
Eff. July 1, 1978
Amended Eff. October 1, 1991; February 1, 1982
Readopted Eff. September 1, 2021.

19A NCAC 03D .0404 Sale of Motor Vehicle Under Judicial Proceedings

History

Status: repealed
Authority G.S. 20-2; 20-39; 20-114(c)
Eff. July 1, 1978
Amended Eff. October 1, 1991; February 1, 1982
Repealed Eff. September 1, 2021.

19A NCAC 03D .0405 Sale of Abandoned Vehicle

A city, county, or law enforcement agency selling an abandoned vehicle as a result of a city or county ordinance on file with the License and Theft Bureau shall give notice to the Bureau at https://connect.ncdot.gov/business/DMV/Pages/Report-Unclaimed-Motor-Vehicles.aspx.

History

Authority G.S. 20-2; 20-39; 20-77; 160A-303
Eff. July 1, 1978
Amended Eff. October 1, 1991; February 1, 1982; April 11, 1980
Readopted Eff. September 1, 2021.

19A NCAC 03D .0406 Inspection Procedures

History

Status: repealed
Authority G.S. 20-1; 20-122 through 20-133; 20-183.3 through 20-183.8
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03D .0407 Inspection of Motorcycles: Motor Scooters and Motor Bikes

History

Status: repealed
Authority G.S. 20-1; 20-122 through 20-133; 20-183.3 through 20-183.8
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03D .0408 Procedure Following Vehicle Inspection

History

Status: repealed
Authority G.S. 20-1; 20-122 through 20-133; 20-183.3 through 20-183.8
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03D .0409 Reinspection

History

Status: repealed
Authority G.S. 20-1; 20-122 through 20-133; 20-183.3 through 20-183.8
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03D .0410 Inspection Certificates Issued by Other Jurisdictions

History

Status: repealed
Authority G.S. 20-1; 20-122 through 20-133; 20-183.3 through 20-183.8
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03D .0411 Forms

History

Status: repealed
Authority G.S. 20-1; 20-122 through 20-133; 20-183.3 through 20-183.8
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03D .0501 General Information

History

Status: repealed
Authority G. S. 20-1; 20-117.1(a); 20-122; 20-122.1; 20-123.1; 20-124; 20-125; 20-125.1; 20-126; 20-127; 20-128; 20-128.1; 20-129; 20-129.1; 20-130; 20-130.1; 20-130.2; 20-130.3; 20-131 through 20-134; 20-183.2; 20-183.3; 20-183.4; 20-183.5; 20-183.6; 20-183.7; 20-183.8
Eff. July 1, 1978
Amended Eff. March 1, 1982
Repealed Eff. January 1, 1983.

19A NCAC 03D .0502 Collection of Assessments

History

Status: repealed
Authority G.S. 20-1; 20-4.1 through 20-4.12; 20-49; 20-84.2; 20-91.1; 20-99; 20-118.1
Eff. July 1, 1978
Amended Eff. April 11, 1980
Repealed Eff. February 1, 1982.

19A NCAC 03D .0503 Weighing Vehicles with Portable Scales

History

Status: repealed
Authority G.S. 20-1; 20-4.1 through 20-4.12; 20-49; 20-84.2; 20-91.1; 20-99; 20-118.1
Eff. July 1, 1978
Amended Eff. April 11, 1980
Repealed Eff. February 1, 1982.

19A NCAC 03D .0504 Reciprocity Agreements

History

Status: repealed
Authority G.S. 20-1; 20-4.1 through 20-4.12; 20-49; 20-84.2; 20-91.1; 20-99; 20-118.1
Eff. July 1, 1978
Amended Eff. April 11, 1980
Repealed Eff. February 1, 1982.

19A NCAC 03D .0505 Forms

History

Status: repealed
Authority G.S. 20-1; 20-4.1 through 20-4.12; 20-49; 20-84.2; 20-91.1; 20-99; 20-118.1
Eff. July 1, 1978
Amended Eff. April 11, 1980
Repealed Eff. February 1, 1982.

19A NCAC 03D .0506 Requirements for License

History

Status: repealed
Authority G.S. 20-1; 20-103.8; 20-117.1(a); 20-122; 20-122.1; 20-123.1; 20-124; 20-125
20-125.1; 20-126; 20-127; 20-128; 20-128.1; 20-129; 20-129.1; 20-130; 20-130.1; 20-130.2
20-130.3; 20-131 through 20-134; 20-183.2; 20-183.3; 20-183.4; 20-183.5; 20-183.6
20-183.6(b); 20-183.7; 20-183.8; 20-183.8(a); 20-183.8(b); 200-83.8(b)
Eff. March 1, 1982
Repealed Eff. January 1, 1983.

19A NCAC 03D .0507 Licenses Issued

History

Status: repealed
Authority G.S. 20-1; 20-103.8; 20-117.1(a); 20-122; 20-122.1; 20-123.1; 20-124; 20-125
20-125.1; 20-126; 20-127; 20-128; 20-128.1; 20-129; 20-129.1; 20-130; 20-130.1; 20-130.2
20-130.3; 20-131 through 20-134; 20-183.2; 20-183.3; 20-183.4; 20-183.5; 20-183.6
20-183.6(b); 20-183.7; 20-183.8; 20-183.8(a); 20-183.8(b); 200-83.8(b)
Eff. March 1, 1982
Repealed Eff. January 1, 1983.

19A NCAC 03D .0508 Denial: Suspension or Revocation of License

History

Status: repealed
Authority G.S. 20-1; 20-103.8; 20-117.1(a); 20-122; 20-122.1; 20-123.1; 20-124; 20-125
20-125.1; 20-126; 20-127; 20-128; 20-128.1; 20-129; 20-129.1; 20-130; 20-130.1; 20-130.2
20-130.3; 20-131 through 20-134; 20-183.2; 20-183.3; 20-183.4; 20-183.5; 20-183.6
20-183.6(b); 20-183.7; 20-183.8; 20-183.8(a); 20-183.8(b); 200-83.8(b)
Eff. March 1, 1982
Repealed Eff. January 1, 1983.

19A NCAC 03D .0509 Operation of Safety Equipment Inspection Stations

History

Status: repealed
Authority G.S. 20-1; 20-103.8; 20-117.1(a); 20-122; 20-122.1; 20-123.1; 20-124; 20-125
20-125.1; 20-126; 20-127; 20-128; 20-128.1; 20-129; 20-129.1; 20-130; 20-130.1; 20-130.2
20-130.3; 20-131 through 20-134; 20-183.2; 20-183.3; 20-183.4; 20-183.5; 20-183.6
20-183.6(b); 20-183.7; 20-183.8; 20-183.8(a); 20-183.8(b); 200-83.8(b)
Eff. March 1, 1982
Repealed Eff. January 1, 1983.

19A NCAC 03D .0510 Inspection Procedures

History

Status: repealed
Authority G.S. 20-1; 20-103.8; 20-117.1(a); 20-122; 20-122.1; 20-123.1; 20-124; 20-125
20-125.1; 20-126; 20-127; 20-128; 20-128.1; 20-129; 20-129.1; 20-130; 20-130.1; 20-130.2
20-130.3; 20-131 through 20-134; 20-183.2; 20-183.3; 20-183.4; 20-183.5; 20-183.6
20-183.6(b); 20-183.7; 20-183.8; 20-183.8(a); 20-183.8(b); 200-83.8(b)
Eff. March 1, 1982
Repealed Eff. January 1, 1983.

19A NCAC 03D .0511 Inspection of Motorcycles: Motor Scooters and Motor Bikes

History

Status: repealed
Authority G.S. 20-1; 20-103.8; 20-117.1(a); 20-122; 20-122.1; 20-123.1; 20-124; 20-125
20-125.1; 20-126; 20-127; 20-128; 20-128.1; 20-129; 20-129.1; 20-130; 20-130.1; 20-130.2
20-130.3; 20-131 through 20-134; 20-183.2; 20-183.3; 20-183.4; 20-183.5; 20-183.6
20-183.6(b); 20-183.7; 20-183.8; 20-183.8(a); 20-183.8(b); 200-83.8(b)
Eff. March 1, 1982
Repealed Eff. January 1, 1983.

19A NCAC 03D .0512 Procedure Following Vehicle Inspection

History

Status: repealed
Authority G.S. 20-1; 20-103.8; 20-117.1(a); 20-122; 20-122.1; 20-123.1; 20-124; 20-125
20-125.1; 20-126; 20-127; 20-128; 20-128.1; 20-129; 20-129.1; 20-130; 20-130.1; 20-130.2
20-130.3; 20-131 through 20-134; 20-183.2; 20-183.3; 20-183.4; 20-183.5; 20-183.6
20-183.6(b); 20-183.7; 20-183.8; 20-183.8(a); 20-183.8(b); 200-83.8(b)
Eff. March 1, 1982
Repealed Eff. January 1, 1983.

19A NCAC 03D .0513 Inspection Certificates Issued by Other Jurisdictions

History

Status: repealed
Authority G.S. 20-1; 20-103.8; 20-117.1(a); 20-122; 20-122.1; 20-123.1; 20-124; 20-125
20-125.1; 20-126; 20-127; 20-128; 20-128.1; 20-129; 20-129.1; 20-130; 20-130.1; 20-130.2
20-130.3; 20-131 through 20-134; 20-183.2; 20-183.3; 20-183.4; 20-183.5; 20-183.6
20-183.6(b); 20-183.7; 20-183.8; 20-183.8(a); 20-183.8(b); 200-83.8(b)
Eff. March 1, 1982
Repealed Eff. January 1, 1983.

19A NCAC 03D .0514 Forms

History

Status: repealed
Authority G.S. 20-1; 20-103.8; 20-117.1(a); 20-122; 20-122.1; 20-123.1; 20-124; 20-125
20-125.1; 20-126; 20-127; 20-128; 20-128.1; 20-129; 20-129.1; 20-130; 20-130.1; 20-130.2
20-130.3; 20-131 through 20-134; 20-183.2; 20-183.3; 20-183.4; 20-183.5; 20-183.6
20-183.6(b); 20-183.7; 20-183.8; 20-183.8(a); 20-183.8(b); 200-83.8(b)
Eff. March 1, 1982
Repealed Eff. January 1, 1983.

19A NCAC 03D .0515 Safety Inspection Licensing and Procedures

History

Status: repealed
Authority G.S. 20-1; 20-117.1(a); 20-122; 20-122.1; 20-123.1; 20-124; 20-125; 20-125.1
20-126; 20-127; 20-128; 20-128.1; 20-129; 20-129.1; 20-130; 20-130.1; 20-130.2; 20-130.3
20-131 through 20-134; 20-183.2; 20-183.3; 20-183.4; 20-183.5; 20-183.6; 20-183.7
20-183.8
Eff. January 1, 1983
Amended Eff. July 1, 1992; October 1, 1991; October 1, 1989; November 1, 1988
Repealed Eff. January 1, 1994 pursuant to 1991 S.L., c. 477, s. 3.

19A NCAC 03D .0516 Safety Inspection Licensing and Procedures

History

Status: expired
Filed as a Temporary Adoption Eff. April 25, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner
Authority G.S. 20-2; 20-39; 20-183.8
Codifier of Rules Objected to the Findings of Need for the Temporary Rule
Eff. April 25, 1994
Temporary Adoption Expired October 22, 1994.

19A NCAC 03D .0517 Definitions

For purposes of this Section and Article 3A of Chapter 20 of the North Carolina General Statutes, these words and phrases shall have the following meanings, except in those instances where the context indicates a different meaning:

(1) Abbreviations used in these Rules shall have the following meanings:

(a) CO - Carbon monoxide;

(b) GVWR - Gross Vehicle Weight Rating;

(d) PSI - Pounds Per Square Inch;

(e) NOx - Nitrogen Oxides; and

(f) PPM - Parts Per Million.

(2) Ambient Light: That portion of the atmosphere surrounding human, animal, and plant life.

(3) Base: The place where a vehicle is dispatched from, garaged, serviced, maintained, operated, or otherwise controlled. If any vehicle is located in or operated from a county participating in the safety emission program for a period of 30 days, said vehicle shall be considered based within that county.

(4) Certified Inspection Mechanic: A person who has completed the courses required by G.S. 20-183.4(c) and 20-183.4A, passed a written examination approved by the License and Theft Bureau, and been issued a safety inspection mechanic license or a safety and emission inspection mechanic license by the Bureau.

(5) Crankcase Emissions: Air pollutants emitted into the atmosphere from any portion of the engine crankcase ventilation or lubrication system.

(6) Current Year Model: The production period of new motor vehicles as designated by the manufacturer in the calendar year in which the period ends. If the manufacturer does not designate a production period, the model year shall mean the 12-month period beginning January of the year in which production began.

(7) Diagnostic Equipment: Tools or machines used to diagnose engine performance.

(8) Emission: The act of a motor vehicle emitting into the atmosphere any air pollutants including carbon monoxide, hydrocarbons, or nitrogen oxides.

(9) Emissions Analyzer: An approved device used to evaluate the vehicle emission control system to ensure operation in accordance with the manufacturer's specifications that electronically records and transmits safety and emissions inspection data to the State. An approved device is considered a device that meets the certification requirements as defined by the Department of Environmental Quality Specifications for the North Carolina Analyzer found at https://deq.nc.gov/about/divisions/air-quality/motor-vehicles-air-quality/inspection-maintenance-program/analyzer-vendor-information.

(10) Established Place of Business for Safety and Emissions Inspection: A permanent structure operated by a licensee that meets the requirements set forth in G.S. 120-183.4 to test and inspect motor vehicles and the offices of a licensed safety inspection or emissions inspection station that provides a locked place for maintaining records. The business shall be open during its business hours to conduct safety inspections and emissions tests and make available to License and Theft Bureau staff all records and required equipment for examination and testing.

(11) Exhaust Emissions: Air pollutants emitted into the atmosphere from any opening downstream from the exhaust parts of a motor vehicle engine.

(12) Heavy Duty Motor Vehicle: A motor vehicle which is designed primarily for:

(a) the transportation of property and which is rated at more than 8,500 GVWR;

(b) the transportation of persons and which has a capacity of more than 12 persons;

(d) use as an off-road utility vehicle.

(13) Inspection: The safety inspection or emissions inspection of motor vehicles required by G.S. 20, Article 3A, Part 1 and Part 2.

(14) Inspection Laws: G.S. 20, Article 3A, Part 1 and Part 2 and rules adopted by the Commissioner of Motor Vehicles.

(15) Inspection/Maintenance (I/M): A strategy to reduce emissions from in-use motor vehicles by identifying vehicles that need emission related maintenance and requiring that such maintenance be performed.

(16) Inspection Period: The period of time a motor vehicle is required to be inspected. To be a current inspection, a motor vehicle may be inspected up to ninety days prior to the last day of the month in which the registration on the vehicle expires pursuant to G.S. 20-183.4C. Motor vehicles not previously registered in this State shall be exempt for a period of 12 months.

(17) License: In accordance with G.S. 20-183.4 and 20-183.4A, the license issued by the Commissioner of Motor Vehicles which is required for a person to operate a safety inspection or emission inspection station.

(18) Light Duty Motor Vehicle: A motor vehicle which is designed primarily for:

(a) transportation of property and which is rated at or less than 8,500 GVWR by the manufacturer; or

(b) use in the transportation of persons and which has a capacity of 12 persons or fewer.

(19) Light Transmittance Measuring Device or Light Meter, Unit, or Device: A photometer capable of measuring the net transmittance of a window or windshield for light at 560 nm with a variance of no more than 20 nm.

(20) Motorcycle: A motor vehicle as defined under G.S. 20-4.01(22).

(21) Multipiece Photometer: A photometer in which the light source and light detector are mechanically separate units that can be positioned on opposite sides of a fixed window or windshield.

(22) Net Transmittance: The luminous transmittance over the 560 nm with a variance of 20 nm wavelength range, including the effects of Fresnel (surface) reflections.

(23) Recreational Motor Vehicle: As set forth in G.S. 20-4.01(32b), A vehicle which is designed primarily to provide temporary or permanent living quarters for travel, camping, or other recreational use.

(24) Revocation: In accordance with G.S. 20-183.7A, the termination of a license issued by the License and Theft Bureau to a safety inspection and emission inspection station.

(25) Inspection Analyzer: A device used to evaluate, electronically record and transmit inspection data to the State. An approved device is considered a device that meets the certification requirements as defined by the License and Theft Bureau or the Department of Environmental Quality Specifications for the North Carolina Analyzer System. Certification requirements can be found on the Department of Environmental Quality's website at https://deq.nc.gov/about/divisions/air-quality/motor-vehicles-air-quality/inspection-maintenance-program/analyzer-vendor-information).

(26) Section: The License and Theft Bureau of the Division of Motor Vehicles.

(27) Self-Inspector: A person, firm or corporation licensed by the License and Theft Bureau for the purpose of inspecting only those vehicles owned or operated by such person, firm, or corporation.

(28) Station: A place of business licensed by the Commissioner of Motor Vehicles to conduct inspections of motor vehicles as required by the inspection laws.

(29) Suspension of Safety/Emission License: In accordance with G.S. 20-183.7A and Rule .0522 of this Section, the temporary withdrawal of a license issued by the Division of Motor Vehicles to a safety inspection and emission inspection station for a definite period of time.

(30) Tampering: Rendering inoperative, or the intentional maladjustment of any device installed on a motor vehicle designed or intended to control the amount of emissions from a vehicle.

(31) Waiver: A document issued by the Commissioner of Motor Vehicles or his designated agent exempting a particular motor vehicle from the requirements of the emission inspection.

History

Authority G.S. 20-2; 20-4.01(32b); 20-39; 20-183.2; 20-183.4; 20-183.4A; 20-183.5; 20-183.5A; 20-183.7A; 20-183.8A
Temporary Adoption Eff. November 1, 1995 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner
Eff. October 1, 1994
Amended Eff. July 1, 2010; February 1, 1996
Readopted Eff. September 1, 2021.

19A NCAC 03D .0518 Licensing of Safety or Emissions Inspection Stations

(a) An application for licensing as a Safety Equipment or Safety Equipment Emissions Inspection Station shall be made on forms furnished by the Division of Motor Vehicles and filed with the License and Theft available at https://connect.ncdot.gov/business/DMV/Pages/Inspection-Stations.aspx. Form LT-300 requires the following:

(1) inspection station name, address, county, and telephone number;

(2) type of license required including public or self-inspection station and the number of vehicles operated by the business;

(3) type of station;

(4) type of business;

(5) if individually owned business or partnership, applicants shall list name and residence address of owner or partners;

(6) name of owner, corporation or partner;

(7) owner, corporation or partner driver license number and address;

(8) listing of certifiable or certified technicians with a valid driver license applying;

(9) notification if any member of the partnership or officer of the corporation has ever had a license under this law refused, suspended, or revoked;

(10) notification if any member of the partnership or officer of the corporation has ever been licensed as an inspection station;

(11) signature of applicant;

(12) designate an individual who is responsible for the day-to-day operation of the station; and

(13) acknowledgement and signature of notary public.

(b) An applicant for licensing for a Safety Equipment or Safety Equipment Emissions Inspection Station shall have:

(1) an area used primarily for repair of motor vehicles;

(2) a minimum of 45 lineal feet of level floor surface at least 10 feet wide when using a light chart for testing lights, or a minimum of 25 lineal feet of level floor surface a minimum of 10 feet wide when using a light testing machine. An inspection station shall not have dirt floors;

(3) an area enclosed to permit an inspection at all times regardless of weather conditions. Trailers may be inspected outside of the enclosed area as long as attached to the prime mover;

(4) if a light chart is used to check lights, there shall be parallel lines at least three feet long painted on the floor surface 25 feet from the chart; and

(5) licensed inspection stations are not required to conduct inspections on equipment as required in Rule .0519 of this Section.

(1) an area used primarily for repair of motorcycles;

(2) an area enclosed to permit an inspection at all times regardless of weather conditions. An inspection station shall not have dirt floors; and

(3) if a light chart is used to check lights, there shall be parallel lines at least 3 feet long painted on the floor surface 25 feet from the chart.

History

Authority G.S. 20-2; 20-39; 20-183.4; 20-183.4A
Eff. October 1, 1994
Amended Eff. July 1, 2010
Readopted Eff. September 1, 2021.

19A NCAC 03D .0519 Stations

(a) Licensed safety inspection and emissions inspection stations shall keep the area where vehicles are inspected and the area where inspection records are kept, as required by G.S. 20-183.6A(b), free of spills, debris, materials that may present a hazard to the inspector mechanic or the vehicle, obstructions that inhibit inspection of vehicles, or present safety concerns for inspectors of the License and Theft Bureau. All vehicles shall remain in the inspection area during the entire inspection.

(b) Stations with only a 25-foot lineal inspection lane shall not inspect trucks or other vehicles exceeding that length.

(c) Stations with mechanical aimers shall not inspect vehicles with headlamps that were not manufactured to be aimed with this device. These headlamps shall be aimed with photoelectric eyes, wall charts, computerized headlight test equipment, or on-board headlight aiming devices.

(d) Stations not equipped with an emission analyzer shall not inspect 1996 or newer gasoline powered motor vehicles registered or based in counties designated as non-attainment for air quality standards by either the North Carolina Department of Environmental Quality or U.S. Environmental Protection Agency. Stations may perform the safety equipment inspections on vehicles 1995 model year or older, diesel powered vehicles, motorcycles, trailers, and vehicles not previously titled.

(e) Each station shall have equipment and tools for carrying out inspections, which include the following:

(1) one jack or lift with minimum capacity of two tons;

(2) one headlight tester, wall chart, or aiming kit adapters to fit all headlights;

(3) one workbench;

(4) one creeper;

(5) one tire tread depth gauge calibrated in 32nds of an inch;

(6) Emission Control System Application Manual in written or electronic format;

(7) one Department of Environmental Quality Emission Analyzer, with approved Division of Motor Vehicles software or an electronic device with the ability to connect to the Internet and access the web-based inspection system; and

(8) one active telephone line with jack or Internet access for Web Based stations.

(f) Each station inspecting only motorcycles shall have equipment and tools for carrying out inspections, which include the following:

(1) one motorcycle jack or lift;

(2) one headlight tester or aiming kit adapters to fit all headlights;

(3) one workbench;

(4) one tire tread depth gauge (calibrated in 32nds of an inch);

(5) one Safety Inspection Analyzer with approved software by the North Carolina Department of Environmental Quality at https://deq.nc.gov/about/divisions/air-quality/motor-vehicles-air-quality/inspection-maintenance-program/station-owner-inspector-information/software-versions.

(6) an active telephone line with jack or Internet access for Web Based stations.

History

Authority G.S. 20-2; 20-39; 20-183.4; 20-183.4A
Eff. October 1, 1994
Amended Eff. July 1, 2010
Readopted Eff. September 1, 2021.

19A NCAC 03D .0520 Mechanic Requirements

(a) An applicant for an inspection mechanic license and the owner of the inspection station shall sign their names on Action Form for Inspector/Mechanical Certification (LT-310) demonstrating they meet the requirements as set out in G.S. 20-183.4(c) and 20-183.4A(c). Form LT-310 requires the following:

(1) action requested to indicate new or renewal, adding an employer name, or changing an employer name;

(2) mechanic's name, driver license number, home phone number, and address;

(3) mechanic's race, sex, and date of birth;

(4) mechanic's signature; and

(5) employer information including station number, telephone number, county, name of station, address, and signature of owner partner or officer.

(b) Upon request by a law enforcement officer of the License and Theft Bureau, a licensed inspection mechanic shall demonstrate his or her knowledge, skills and abilities of the equipment used to perform an inspection, vehicle components, procedures, statutes and rules, pertaining to a safety and emissions inspection.

History

Authority G.S. 20-2; 20-39; 20-183.4; 20-183.4A(c); 20-183.6A
Eff. October 1, 1994
Readopted Eff. September 1, 2021.

19A NCAC 03D .0521 Licensing Requirements

(a) In order to be licensed as a North Carolina Safety Inspection Mechanic, an applicant shall meet the requirements set forth in G.S. 20-183.4(c). For purposes of G.S. 20-183.4(c)(1), the applicant shall complete the following:

(1) attend and pass an eight-hour Safety Inspection Course offered by a North Carolina Community College; and

(2) pass a written examination with a score of no less than 80 percent correct answers. No oral exams shall be allowed.

(b) An application for a safety inspection station or safety inspection mechanic license shall be approved or disapproved in accordance with G.S. 20-183.4, 20-183.4A, and 93-B-8.1. Each applicant approved shall be notified and furnished with the appropriate station license or inspection mechanic license. Inspection station licenses shall be valid only for the place of business set forth in the application.

(c) Each inspection station shall notify the License and Theft Bureau of the name and inspection license number of each inspection mechanic the station employs prior to allowing the inspection mechanic to perform any inspections at that station.

(d) The notice shall be on a form as outlined in Rule .0520 of this Section, supplied by the License and Theft Bureau, and shall be signed by the station owner and the inspection mechanic. If any licensed inspection mechanic leaves the employment of a safety equipment station, the inspection station shall notify the local License and Theft Bureau inspector within three days after the inspection mechanic's employment is terminated. An inspection mechanic license shall be valid only for the person in whose name it is issued.

(e) Pursuant to G.S. 143-215.107A, no Safety Inspection Station shall inspect any gasoline powered vehicle, excluding the three most recent model years with less than 70,000 miles, if the vehicle is registered or based in a county participating in the emission inspection program unless the station has an exhaust emission analyzer to conduct emissions inspections. Owners of vehicles registered in a county participating in the emission program but is based and operated outside the county may submit a request to the License and Theft Bureau for an exemption from the emission inspection. The request for an exemption shall contain confirmation that the vehicle for which the exemption is requested is registered in an emission inspection county, but is based and operated outside of the county in which it is registered. The License and Theft Bureau shall approve and issue a written exemption for the vehicle upon receipt of supporting documentation by the vehicle owner that shows the vehicle is based outside the registered county. A new exemption shall be requested and approved in accordance with this Rule for each inspection period. Safety Inspections stations may conduct the safety equipment inspection in lieu of a safety and emission inspection. Vehicles exempted from emission inspection because they are based outside of the county participating in the emission program shall have a copy of the approved exemption form in the vehicle at all times.

History

Authority G.S. 20-2; 20-39; 20-183.4; 20-183.4A; 93-B-8.1
Eff. October 1, 1994
Readopted Eff. September 1, 2021.

19A NCAC 03D .0522 Denial, Suspension or Revocation of Licenses

(a) Denial of License: The Commissioner of Motor Vehicles shall deny the application of any applicant for a Safety Equipment or Safety Equipment Emissions Inspection Station License who fails to meet the qualifications set out in G.S. 20, Article 3A, Part 2 or the rules in this Section. Applicants denied licensing shall be notified. An applicant who submits fraudulent or fictitious information with the application shall be denied a license. Persons who are denied a license shall be allowed a hearing in accordance with G.S. 20-183.8G. For applications denied pursuant to G.S. 93B-8.1, technicians and stations who have been denied a license shall not re-apply for 12 calendar months from last denial.

(b) Suspension or Revocation of License:

(1) The license of any inspection station shall be subject to suspension or revocation when it or any of its personnel conducting inspections violates the rules in this Section or G.S. 20, Article 3A, Part 2. Any person, firm, or corporation whose license is suspended or revoked shall not inspect vehicles while its license is suspended or revoked. Every licensee whose license is suspended or revoked or who is assessed a civil penalty pursuant to G.S. 20-183.7A and G.S. 20-183.8B or who receives a warning letter from the License and Theft Bureau shall be allowed a hearing in accordance with G.S. 20-183.8G.

(2) Prior to the reinstatement of a license of any Safety Equipment or Safety Equipment Emissions Inspection Station License, which has, by order of the Commissioner of Motor Vehicles, been revoked or suspended, the applicant shall demonstrate to the Commissioner or License and Theft Bureau staff that its employees have knowledge of the safety equipment or safety equipment emission inspection procedures and requirements described in the Rules in this Section and that the location is mechanically equipped to carry out inspections.

(3) Prior to the reinstatement of a Safety and Emission Inspection Mechanic License, he or she shall meet the requirements set forth in G.S. 20-183.7A(e) and G.S. 20-183.8B(e). Proof of course attendance and passing a written test as set forth in Rule .0521 of this Section shall be presented to License and Theft Bureau staff.

(4) Motor vehicle owners assessed civil penalties or fines shall be allowed a hearing in accordance with G.S. 20-183.8G. Motor vehicle owners requesting a hearing shall mail a written hearing request to the Commissioner of Motor Vehicles, 3101 Mail Service Center, Raleigh, NC 27699-3101.

History

Authority G.S. 20-2; 20-39; 20-183.7A(e); 20-183.8B(e); 20-183.8D; 20-183.8G; 93B-8.1
Eff. October 1, 1994
Amended Eff. November 1, 2016
Readopted Eff. September 1, 2021.

19A NCAC 03D .0523 Operation of Safety or Emissions Inspections Stations

(a) Safety or Emissions Inspection Stations shall post the following information:

(1) Official Safety Equipment or Safety Equipment Emissions Inspection Procedure Poster;

(2) Safety Equipment or Safety Equipment Emissions Inspection Station License, which shall be posted under a material that protects the information contained on the license from dirt and facing;

(3) Mechanic licenses report issued by the North Carolina Division of Motor Vehicles; and

(4) On the outside of its building or adjacent thereto, a sign in block letters at least four inches in height bearing the words: OFFICIAL INSPECTION STATION.

(b) Requirements for Licensed Inspection Mechanic. Licensed inspection mechanics may be required by authorized law enforcement officers of the Division to demonstrate knowledge pertaining to the Safety Equipment or Safety Equipment Emissions inspections in the presence of any such authorized officer.

(c) Location. Inspections shall be conducted only at the location shown on the inspection station's license and only in the designated inspection area. Trailers may be inspected outside of inspection area as long as they are attached to the engine unit.

(d) Vehicle presented to be inspected. Each station shall inspect any vehicle presented for inspection according to the year model, and type of engine except as provided in this section or when exempted from the emissions inspection by a waiver issued by the Commissioner of Motor Vehicles. Stations without the equipment required to inspect a motorcycle or a heavy duty vehicle are not required to conduct the inspection.

(e) Repairs. The owner or operator of a vehicle that has failed inspection, may obtain the necessary repairs to pass an inspection at any place he or she chooses. Inspection stations shall not require unnecessary repairs or in any manner attempt to require owners or operators of disapproved vehicles to have a vehicle repaired at the inspection station. Permission must be obtained before making any repairs or adjustments.

(f) Hours of operation. Except for State holidays, as set forth in 25 NCAC 01E .0901, each public station must be open for at least eight business hours, five days per week. Hours of operation must be posted outside of the business. A licensed inspection mechanic shall be on duty to conduct inspections during hours of operation.

History

Authority G.S. 20-2; 20-39; 20-183.4; 20-183.5
Eff. October 1, 1994
Readopted Eff. October 1, 2021.

19A NCAC 03D .0524 Inspection Stickers

(a) Acquisition:

(1) Licensed safety equipment or safety equipment exhaust emission inspection stations and self-inspectors shall procure stickers from the Division of Motor Vehicles and from no other source.

(2) Orders for stickers shall be placed with a local agent of the Enforcement Section. Requests for stickers shall be accompanied by proper remittance. For safety equipment inspection stickers, the amount of one dollar ($1.00) per sticker shall be required. For safety equipment exhaust emission stickers, two dollars and forty cents ($2.40) per sticker shall be required. Orders for windshield stickers shall be placed in units of 50. Orders for motorcycles/trailers and non-windshield safety equipment exhaust emission inspection stickers shall be placed in units of ten. Safety Equipment or Safety Equipment Exhaust Emission Windshield Inspection Stickers shall be issued in books of 50.

(3) Orders placed in person at the local office of the Enforcement Section shall be accompanied by written authorization from the station to which the stickers are to be issued, upon forms furnished by the Division, if the order is placed by other than the person in whose name the station is licensed.

(4) All licensed stations shall keep inspection stickers and numeral inserts on hand at all times.

(5) Licensed inspection stations and self-inspectors shall, upon request, be furnished forms required to be used by the rules in this Section. DMV Enforcement shall furnish forms to licensed inspection stations and self-inspectors.

(b) Application:

(1) The inspection sticker shall be affixed only to vehicles inspected and approved in accordance with these Rules and G.S. 20, Article 3A, Part 2. Stickers must be affixed to approved vehicles within the inspection area of the inspection station by the person conducting the inspection. The number of the sticker shall be recorded on the receipt and statement. No person shall furnish, give, lend, or sell to any owner or operator of a motor vehicle or to any other person, or place in or on any vehicle an inspection sticker unless such vehicle has been inspected and approved in accordance with these Rules and G.S. 20, Article 3A, Part 2.

(2) When any motor vehicle to be inspected under the Safety Equipment Act bears a prior inspection sticker, such prior inspection sticker may not be removed from the vehicle until such vehicle has passed inspection, is approved, and is ready to have the new sticker affixed. If the vehicle being inspected is rejected, the old sticker is to remain affixed until the defects causing rejection have been corrected and the vehicle has been reinspected and approved. Every licensed inspection mechanic upon approving any motor vehicle shall remove the prior inspection sticker before affixing the new inspection sticker.

(3) An inspection sticker shall be placed upon the approved vehicle on the inside of the windshield at the bottom of the left side so that the left edge of the sticker is no more than one inch from the left edge of the windshield. For vehicles without windshields the motorcycle/trailer or non-windshield safety equipment or safety equipment exhaust emission sticker shall be used. The sticker shall be placed on the left side of the vehicle as near as possible to the front. Prior to affixing the windshield type sticker the inspection mechanic shall attach to the sticker the appropriate numeral inserts indicating the month and year of expiration. The inspection mechanic shall enter on the sticker in the appropriate spaces the date of inspection, the odometer mileage as taken from the vehicle at the time inspection is performed, the inspection mechanic's name, and the inspection station's license number. This information shall be entered on the windshield type inspection sticker with a ball point pen or a laundry marking pen. Glass/plastic windshields require a platform to prevent damage to the windshield. The inspection sticker shall be affixed to the platform; when the sticker is removed from the windshield it shall no longer be valid. Prior to affixing the motorcycle/trailer or non-windshield safety/emission sticker the inspection mechanic must punch the inspection sticker with a 1/4 inch punch indicating the month inspection performed and year of expiration.

(4) All safety equipment or safety equipment exhaust emission inspection stations shall be issued two types of stickers. The stickers shall be of different color and shall be affixed to the proper vehicle according to the type of inspection required.

(5) The following tables indicate month and year of inspection:

Month Number Inserts: Year Number Inserts:

1 vehicle inspected in January 95 vehicle inspected in 1994

2 vehicle inspected in February 96 vehicle inspected in 1995

3 vehicle inspected in March 97 vehicle inspected in 1996

4 vehicle inspected in April 98 vehicle inspected in 1997

5 vehicle inspected in May 99 vehicle inspected in 1998

6 vehicle inspected in June 00 vehicle inspected in 1999

7 vehicle inspected in July 01 vehicle inspected in 2000

8 vehicle inspected in August 02 vehicle inspected in 2001

9 vehicle inspected in September 03 vehicle inspected in 2002

10 vehicle inspected in October 04 vehicle inspected in 2003

11 vehicle inspected in November 05 vehicle inspected in 2004

12 vehicle inspected in December 06 vehicle inspected in 2005

(1) Licensed inspection stations and self-inspectors are strictly accountable for inspection stickers in their possession. Any licensed inspection station losing or not accounting for any inspection sticker shall be subject to revocation or suspension of inspection station license as provided by these Rules. Stickers shall be locked in a safe place to guard against loss or theft.

(2) Upon discovery of a loss or theft of any inspection stickers, station owners and self-inspectors must as soon as practicable report such loss or theft to the Enforcement Section, Motor Vehicles Building, 1100 New Bern Avenue, Raleigh, North Carolina, 27697. Oral reports shall be made upon discovery of loss or theft by the quickest means available to the local Enforcement Section Inspector.

(3) Inspection stations and self-inspectors shall not furnish, give, loan or sell inspection stickers to any other licensed inspection station or self-inspector.

(4) Inspection stickers shall not be transferred or reissued. They shall only be affixed to the vehicle as designated on the receipt and statement, and only when a complete inspection of the vehicle confirms it meets requirements for approval.

(5) Each inspection station and self-inspector shall protect stickers from larceny or damage. No refund shall be allowed for stolen, soiled, lost, or torn stickers and the count of the Division for returned stickers shall be accepted as final. All unused stickers must be accounted for. A refund shall be made for expired motorcycle/trailer stickers. A request for refund along with unused stickers must be mailed to the Enforcement Section, Division of Motor Vehicles, 1100 New Bern Avenue, Raleigh, North Carolina, 27697, between January 1st and January 31st of the following year. Refunds shall not be permitted for expired stickers postmarked after January 31st. Unused stickers for which a refund is not requested must be retained in a safe place until audited and destroyed by an agent of the Enforcement Section.

(6) All inspection supplies, unused stickers, copies of receipts and statements pertaining to the issuance of stickers, all bulletins and all forms issued by the Division of Motor Vehicles pursuant to the carrying out of the Motor Vehicle Inspection Program are the property of the Division of Motor Vehicles and shall be treated as such by any inspection station. Upon suspension or revocation of any safety equipment or safety equipment exhaust emission inspection station license or whenever any licensee voluntarily surrenders such license or ceases to do business, all items held by such licensee in carrying out the inspection shall be surrendered to the Division of Motor Vehicles. Such items shall be inventoried by the designated agent of the Division of Motor Vehicles and shall be receipted upon surrender. Refunds for unused stickers shall be made by check from the Division of Motor Vehicles in Raleigh.

(d) Requirement of records:

(1) Monthly report forms. Each licensed safety equipment inspection station and each licensed safety equipment self-inspector shall maintain at the station a monthly inspection report sheet listing the beginning and ending numbers for each series of stickers issued for vehicles inspected upon forms furnished by the Division. A total of all defects and repairs and charges listed on the receipt and statements shall be recorded in the appropriate column of the monthly inspection report. This report shall be completed in duplicate and the original forwarded to the Enforcement Section, North Carolina Division of Motor Vehicles, monthly on or before the 10th of the month following the month for which it was completed. The second copy shall be retained by the station for a period of at least 18 months.

(2) Receipt and statement. Licensed Safety Equipment or Safety Equipment Exhaust Emission inspection stations shall furnish the operator of each vehicle inspected the original copy of the "Receipt and Statement" indicating that the vehicle has been inspected and indicating thereon the items approved or disapproved. The second copy shall be retained by the inspection station for at least 18 months following the inspection.

(3) Records available. Each safety equipment or safety equipment exhaust emission inspection station shall maintain records required and such records shall be made available for inspection by any law enforcement officer, upon demand, during normal business hours.

History

Authority G.S. 20-2; 20-39; 20-183.6A
Eff. October 1, 1994
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03D .0525 Pre-Inspection Requirements

Prior to performing an inspection, the inspection mechanic shall:

(1) Have all occupants leave the vehicle;

(2) Request that the operator produce the current registration card for the vehicle;

(3) Enter applicable information in all data fields prompted by the analyzer or inspection program and as needed to conduct the classification of inspection, safety, or safety and emissions. The use of a one-dimensional bar-code scanner capable of reading vehicle identification numbers and information printed on vehicle registration shall be used for data entries to reduce errors. In the event the barcode on the registration card is not readable or the vehicle owner is unable to produce a registration card, the inspector mechanic shall enter the information by scanning the public vehicle identification number through the vehicle windshield or on the Federal Certification Label. If the vehicle identification number cannot be scanned through any of the methods listed in this Item, or if the station is not equipped with a bar code scanner, the inspector mechanic shall manually enter the VIN through keyboard entry. In instances where the vehicle does not have a license plate, "none" shall be entered in the field. If the inspected vehicle is owned by a dealership and part of the dealer's inventory, the dealer number, followed by a "D" shall be entered in the license plate field.

History

Authority G.S. 20-2; 20-39; 20-183.2; 20-183.6A
Eff. October 1, 1994
Codifier determined that agency did not meet criteria for temporary rule Eff. September 24, 1997
Temporary Amendment Eff. November 1, 1997
Amended Eff. August 1, 1998
Readopted Eff. October 1, 2021.

19A NCAC 03D .0526 Safety Equipment, Emissions Inspection, and Emission Controls Tampering Evaluation

During the safety or safety and emissions inspection of a vehicle, the inspection mechanic shall enter the information set forth in this Rule into the analyzer or inspection program when evaluating the condition of each inspected item:

(1) Safety and emission inspection grading:

(a) For those items that are inspected, approved, and in operational condition, the letter "P" for "passed" shall be placed in the appropriate block as indicated by the inspection analyzer.

(b) For those items that are inspected and not approved, the letter "F" for "failed" shall be placed in the appropriate block as indicated by the inspection analyzer.

(c) For those items that were not approved and corrected, the letter "C" for "corrected" shall be placed in the appropriate block as indicated by the inspection analyzer.

(d) For those items that do not apply to the vehicle inspected, the letter "N" for "not applicable" shall be placed in the appropriate block as indicated by the inspection analyzer.

(2) Emission controls tamper check:

(a) For those vehicles inspected and not originally equipped with the emission control devices as listed, "Not Applicable" shall be indicated.

(b) For those vehicles equipped with the item, it is connected, and in operable condition, "Passed" shall be indicated.

(c) For those vehicles that the required emission control equipment has been disconnected, removed, made inoperable, or if emission component simulators are installed, "Failed" shall be indicated.

(d) For those vehicles that the emission equipment that was disconnected, removed, or inoperable is repaired or replaced, "Corrected" shall be indicated.

History

Authority G.S. 20-2; 20-39; 20-183.2; 20-183.4D; 20-183.6A
Eff. October 1, 1994
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018
Amended Eff. October 1, 2021.

19A NCAC 03D .0527 Exhaust Emission Controls Tampering Check

History

Status: repealed
Authority G.S. 20-2; 20-39; 20-183.2; 20-183.4D; 20-183.6A
Eff. October 1, 1994
Repealed Eff. October 1, 2021.

19A NCAC 03D .0528 Safety Equipment Exhaust Emission Inspections

History

Status: repealed
Authority G.S. 20-2; 20-39; 20-183.2; 20-183.4D; 20-183.6A
Eff. October 1, 1994
Repealed Eff. October 1, 2021.

19A NCAC 03D .0529 Certification

When the vehicle receives a passing inspection result, the inspection mechanic shall:

(1) finalize the inspection process in the analyzer or inspection program by entering all required data, then following the steps necessary to transmit the data to the State vehicle inspection database;

(2) collect fees as described in G.S. 20-183.7; and

(3) sign and give the original Receipt and Statement form to the operator or owner.

History

Authority G.S. 20-2; 20-39; 20-183.4D; 20-183.7
Eff. October 1, 1994
Readopted Eff. October 1, 2021.

19A NCAC 03D .0530 Disapproval

If a vehicle inspected is disapproved, the inspection mechanic at the end of the total inspection shall advise the owner or operator of the defect or defects found during the inspection. Repairs shall only be made at the request of the owner or operator. Upon completion of authorized repairs, the inspection mechanic shall require the owner or operator of the vehicle that gave approval for the repairs to sign the inspection receipt. If the owner or operator requests the repairs to be made at some other location, then the inspection mechanic conducting the inspection shall:

(1) Provide the customer with the Vehicle Inspection Receipt and Statement signed by the inspection mechanic; showing the vehicle Failed.

(2) Collect fees as prescribed in G.S. 20-183.7; and

(3) After giving the owner or operator the original copy of the Vehicle Inspection Receipt and Statement explain to the owner or operator he or she has 60 days to bring the vehicle back to the inspection station for reinspection at no charge when the vehicle was disapproved for either safety or emissions defects.

History

Authority G.S. 20-2; 20-39; 20-183.4D; 20-183.5; 20-183.7
Eff. October 1, 1994
Readopted Eff. October 1, 2021.

19A NCAC 03D .0531 Reinspection

(a) A vehicle that is inspected at an inspection station and fails is entitled to be reinspected at the same station any time within 60 days of the failed inspection without paying another inspection fee.

(b) If the vehicle is approved following reinspection, the inspection mechanic shall check the appropriate block on the analyzer. The inspection mechanic shall collect the authorization fee as set forth in G.S. 20-183.7.

History

Authority G.S. 20-2; 20-39; 20-183.3(c); 20-183.7
Eff. October 1, 1994
Readopted Eff. October 1, 2021.

19A NCAC 03D .0532 Brakes

No vehicle brakes shall be approved for an inspection unless the items indicated in this Rule are inspected and found to meet the minimum requirements established in G.S. 20-124 and this Rule.

(1) Footbrakes shall not be approved if:

(a) when applying brakes to the moving vehicle, the braking force is not distributed evenly to all wheels originally equipped with brakes by the manufacturer. The inspection mechanic must drive the vehicle to make this test. The inspector may check the brakes while driving vehicle forward into the inspection area.

(b) there is audible indication (metal on metal) that the brake lining is worn to the extent that it is no longer serviceable; The wheel must be pulled and the brake lining examined when this occurs.

(c) pedal reserve is less than one third of the total possible travel when the brakes are fully applied, or does not meet the manufacturer's specification for power brakes or air brakes;

(d) the reservoir of the master cylinder is not full; Only brake fluid meeting SAE specifications for heavy duty hydraulic brake fluid shall be used when adding or changing brake fluid.)

(e) there is a visible leakage or audible seepage in hydraulic, vacuum or air lines and cylinders, or visible cracked, chafed, worn, or weakened hoses;

(f) the vehicle has any part of the brake system removed or disconnected, the brake lines and hoses do not meet the manufacturer's specifications, or are made of a material not approved for motor vehicles; or

(g) once applied, and while holding pedal pressure for one minute, the brake pedal gradually moves toward the toeboard, indicating fluid leakage.

(2) Except as provided in Sub-item (1)(b) of this Rule, inspection mechanics are not required to remove the wheels of a vehicle to examine the condition of the brakes. An inspection mechanic shall raise vehicles to check the underside of a vehicle, including the applicable brake components list in this Rule.

(3) Auxiliary, parking, or holding handbrakes shall not be approved if:

(a) there is no lever reserve when the brake is fully applied;

(b) cables are visibly frayed or frozen; there are missing or defective cotter pins; there are broken or missing retracting springs; or there are worn rods or couplings;

(c) the operating mechanism, when fully applied, fails to hold the brakes in the applied position without manual effort; and

(d) when emergency or handbrakes are applied, without depressing the accelerator, they fail to hold vehicle.

History

Authority G.S. 20-2; 20-39; 20-183.3(a)(1)
Eff. October 1, 1994
Readopted Eff. October 1, 2021.

19A NCAC 03D .0533 Lights

(a) Headlights shall conform to the requirements of G.S. 20-129(b) and (c). Headlights shall not be approved if:

(1) there are not at least two headlamps, or at least four on dual headlamp systems. Motorcycles and motor driven cycles need only one headlamp;

(2) the headlamp lens or light produces other than a white or yellow light;

(3) any lens or reflector is cracked, broken, discolored, or missing;

(4) the high beam-low beam dimmer switch does not operate or the high beam indicator light does not burn on vehicles manufactured after January 1, 1956;

(5) lights can be moved by hand, due to a broken fender or loose support, or if a good ground is not made by the mounting;

(6) foreign materials, such as shields or painted lenses, are placed on the headlamp lens that interferes with light beam of lamp;

(7) using a headlight testing device that meets Society of Automotive Engineers standards or light testing chart that is approved by the Division, lights are improperly aimed;

(8) lights project a dazzling or glaring light when on low beam as defined in G.S. 20-131(b); and

(9) the vehicle is equipped with headlamps that change the original design or performance of the headlamps; or do not comply with Federal Motor Vehicle Safety Standard No. 108, as adopted by the National Highway Traffic Safety Administration.

(b) Rear Lights shall conform to the requirements of G.S. 20-129(d). Taillights shall not be approved if:

(1) all original equipped rear lamps or the equivalent are not in working order;

(2) the lens is cracked or discolored, the lens or light projects a color other than red, or is covered by a foreign material, such as shields or painted lenses. Cracks on lenses shall not lead to disapproval unless water is likely to short out the bulb;

(3) they do not operate and project white light on the license plate; and

(4) they are not mounted.

(1) the lens is cracked, discolored, or the lens or light projects a color other than red or amber, or is covered by a foreign material such as shields or painted lenses. Cracks on lenses shall not lead to disapproval unless water is likely to short out the bulb;

(2) it does not come on when pressure is applied to foot brake; and

(3) it is not mounted so as to project a light to the rear.

(d) Vehicles shall have the lights as required by G.S. 20-129.1.

(e) Parking lights shall conform to the requirements of G.S. 20-134. A vehicle shall not be approved if parking lights are not working or covered by a foreign material, such as shields or painted lenses.

(f) A motor vehicle that was originally equipped with back-up lamps, lamps, must have those lamps maintained in operating condition. Backup lamps shall not be lighted when the motor vehicle is in a forward motion, nor shall the backup lamp emit any color other than white.

History

Authority G.S. 20-2; 20-39; 20-131(a)(b); 20-183.3
Eff. October 1, 1994
Readopted Eff. October 1, 2021.

19A NCAC 03D .0534 Horn

(a) In addition to the requirements set forth in G.S. 20-125, the horn shall not be approved if:

(1) it will not emit a sound audible for a distance of at least 200 feet. Original equipment, operating as intended by the manufacturer, shall meet these requirements. Air horns shall not be substituted for original equipment.

(2) the wiring or wiring harness has been frayed, been damaged, is broken, or is missing wiring; the horn button is not mounted to the motor vehicle or is not positioned within the driver's reach;or

(3) operation of the horn interferes with the operation of any other mechanism.

(b) Vehicles equipped with sirens shall not be approved unless they are within the class listed in G.S. 20-125(b) as being authorized to carry a siren.

History

Authority G.S. 20-2; 20-39; 20-183.3
Eff. October 1, 1994
Readopted Eff. October 1, 2021.

19A NCAC 03D .0535 Steering Mechanism

(a) The inspection mechanic must raise the vehicle to check the steering mechanism.

(b) The steering mechanism shall not be approved if:

(1) with front wheels in straight ahead position there is more than three inches of free play in steering wheels up to 18 inches in diameter or more than four inches of free play in steering wheels over 18 inches in diameter. If the vehicle is equipped with power steering, the engine must be operating;

(2) either front or rear springs are sagging or broken;

(3) the front wheels or front end assembly is loose, bent, or twisted; or bolts, nuts, or rivets are loose or missing;

(4) power steering system shows visible leaks or the power steering belt is loose or worn;

(5) vehicle frame or component of the steering mechanism is rusted to the point of mechanical failure; or

(6) shock or strut is leaking to the point of failure that will inhibit the steering of the vehicle.

History

Authority G.S. 20-2; 20-39; 20-183.3(a)(4)
Eff. October 1, 1994
Readopted Eff. October 1, 2021.

19A NCAC 03D .0536 Windshield Wiper

Windshield wipers shall not be approved if:

(1) the vehicle is not equipped with a windshield wiper or wipers, provided the vehicle has a windshield;

(2) the wiper or wipers do not operate freely;

(3) the wiper controls are not so constructed and located that the driver may operate them;

(4) the wiper or wipers are not adequate to clean rain, snow, and other matter from the windshield; and

(5) parts of blades or arms are missing or show evidence of damage.

History

Authority G.S. 20-2; 20-39; 20-183.3(a)(5)
Eff. October 1, 1994
Readopted Eff. October 1, 2021.

19A NCAC 03D .0537 Directional Signals

Vehicles required to have directional signals pursuant to G.S. 20-125.1, which does not include motorcycles, shall be disapproved if:

(1) The vehicle is not equipped with signals by which the operator of the vehicle may indicate to other motorists approaching from a distance of 200 feet from the front or rear the operator's intentions to turn the vehicle;

(2) all lights do not operate or if any lenses are broken, missing, or do not fit;

(3) signal lens or light color is other than red or amber on the rear and other than white or amber on the front, and is covered by a foreign material, such as shields and painted lenses;

(4) lamps are not mounted or wiring and connections are not working;

(5) signals are not visible from front or back due to faulty or damaged mounting or due to the manner in which mounted; or

(6) switch does not operate as designed by the manufacturer or is not located in a position that allows the operator to reach and operate the switch, or the switch that interferes with the operation of other mechanisms.

History

Authority G.S. 20-2; 20-39; 20-183.3(a)(6)
Eff. October 1, 1994
Readopted Eff. October 1, 2021.

19A NCAC 03D .0538 Tires

(a) A vehicle shall be disapproved if:

(1) any tire has cuts or snags that expose the cords;

(2) any tire has a visible bump, bulge, or knot related to tread or sidewall separation or partial failure of the tire structure including bead area; or

(3) there is less than 2/32-inch tread at two or more locations around the circumference of the tire in two adjacent major tread grooves or if the tread wear indicators are in contact with the roadway at two or more locations around the circumference of the tire in two adjacent major tread grooves.

(b) Tire depth shall be measured by a tread depth gauge which shall be of a type calibrated in thirty-seconds of an inch. Readings for a tire with a tread design that does not have two adjacent grooves near the center shall be taken at the center of the tire around the circumference of the tire. Each tire must be completely lifted from the ground for an inspection to be performed.

History

Authority G.S. 20-2; 20-39; 20-183.3(a)(7)
Eff. October 1, 1994
Readopted Eff. October 1, 2021.

19A NCAC 03D .0539 Tires - Definitions

As used in this and Rule .0538 of this Section, these terms have the following meanings:

(1) "Bead" is that part of the tire that is shaped to fit the rim. The bead is made of high tensile steel wires wrapped and reinforced by the plies.

(2) "Cord" is made from textile, steel wire strands forming the plies or other structure of the tires.

(3) "Groove" is the space between two tread ribs.

(4) "Ply" is layers of rubber coated parallel cords forming the tire body.

(5) "Rib" is the tread section running circumferentially around the tire.

(6) "Rim" is a metal support for the tire or tire and tube assembly on the wheel. Tire beads are seated on the rim.

(7) "Sidewall" is that portion of the tire between tread and bead.

History

Authority G.S. 20-2; 20-39; 20-183.(a)(7)
Eff. October 1, 1994
Readopted Eff. October 1, 2021.

19A NCAC 03D .0540 Rear View Mirrors

Rear view mirrors shall not be approved if:

(1) There is any movement between the attachment bracket and the windshield;

(2) Forward vision of the device is obstructed by mirror assembly;

(3) They do not provide a view of the highway to the rear;

(4) They are cracked, broken, have sharp edges or cannot be cleaned such that rear vision is not obscured;

(5) They cannot be adjusted or will not maintain a set adjustment;

(6) Bus, truck, or truck-tractor with a GVWR of 10,001 pounds or more is not equipped with a rear vision mirror on each side. If a vehicle is configured in such a way that the inside mirror is obstructed, a passenger side outside mirror is required; or

(7) Vehicles manufactured, assembled, or first sold after January 1, 1966 are not equipped with outside rear view mirrors on the driver's side. The passenger's outside rear view mirror is not required equipment on passenger vehicles if an inside rear view mirror is present.

History

Authority G.S. 20-2; 20-39; 20-183.3(a)(8)
Eff. October 1, 1994
Readopted Eff. October 1, 2021.

19A NCAC 03D .0541 Exhaust Emission Controls

(a) An exhaust emission shall not be approved if the vehicle is a 1968-year model or newer and any of the visible emission control devices placed thereon by the manufacturer are missing, disconnected, made inoperative, or as set forth in G.S. 20-128(d) have been altered without approval of the Department of Environmental Quality.

(b) If the unleaded gas restrictor on a vehicle manufactured after model year 1967 has been altered or removed a new or reconditioned catalytic converter and unleaded gas restrictor must be replaced before the vehicle shall pass inspection.

(1) the vehicle has no muffler or other exhaust system of the type installed at the time of manufacture or does not operate as designed by the vehicle manufacturer;

(2) the muffler, exhaust, or tail pipes have leaking joints;

(3) the exhaust or tail pipes have holes, leaking seams, or leaking patches on muffler;

(4) the tail pipe end is pinched;

(5) the exhaust system is equipped with muffler cut-out or muffler by-pass; or

(6) any part of the system passes through the passenger compartment.

History

Authority G.S. 20-2; 20-39; 20-128; 20-183.3(a)(9)
Eff. October 1, 1994
Readopted Eff. October 1, 2021.

19A NCAC 03D .0542 Emissions Control Device

Pursuant to G.S. 20-183.8A(a)(2), a civil penalty shall be assessed against individuals who instruct or allow a person to remove, disconnect, tamper with, or render inoperable any emissions control device equipped by the manufacturer of any motor vehicle as described in G.S. 20-183.3. These devices include:

(1) Catalytic converter;

(2) Unleaded gas restrictor;

(3) Air pump system;

(4) EGR valve;

(5) PCV valve;

(6) Thermostatic air cleaner;

(7) Evaporative emission system; and

(8) Oxygen sensor.

History

Authority G.S. 20-2; 20-39; 20-183.8A
Eff. October 1, 1994
Readopted Eff. October 1, 2021.

19A NCAC 03D .0543 Inspection Procedure for Emissions Equipment

(a) In accordance with G.S. 20-183.2, vehicles required to receive a State safety inspection are also subject to an emission inspection if it is propelled or has the ability to be propelled by a gasoline-powered motor vehicle, registered or based in an emission county, and meets the following criteria:

(1) the vehicle model year is within 20 years of the current year and older than the three most recent model years;

(2) vehicles of the three most recent model years have more than 70,000 miles on the odometer; and

(3) vehicle is not a heavy duty vehicle.

(b) The following requirements shall be adhered to by the license inspection station:

(1) inspections shall be performed only with an analyzer and software that has been certified by the North Carolina Department of Environmental Quality (NCDEQ).

(2) Requirements for keeping and submitting records are as follows:

(A) Copies of the Vehicle Inspection Receipt/Statement shall be removed from the analyzer at the time of download and filed with other business records and kept in sequence for review by the DMV Inspector during his or her audit. These copies of the Vehicle Inspection Receipt/Statement must be retained for 18 months; and

(B) Station owners shall maintain the analyzer printer in a condition that produces copies of the Vehicle Inspection Receipt/Statement that are clear and legible. Failure to comply shall result in an immediate lockout as set forth in Rule .0545 of this Section that will remain in effect until the printer has been replaced or corrected.

(1) The inspection mechanic shall perform the emission test utilizing an emission analyzer that conforms to the NC Department of Environmental Quality certification standards.

(2) The inspection mechanic shall conduct the emission inspection by following the prompts of the analyzer and accurately completing all data fields with the applicable information.

(d) The owner or operator of a vehicle that suspects an emission analyzer provided incorrect results, may submit in writing to the Division of Motor Vehicles a request that the Division perform an emissions inspection on the vehicle so the results can be compared. If the test determines the vehicle to be in compliance with Emission Standards, the Division shall issue an exemption to the vehicle, not to exceed 12 months. The Division shall require an examination of the station analyzer in question and take corrective action.

History

Authority G.S. 20-2; 20-39; 20-183.3
Eff. October 1, 1994
Readopted Eff. October 1, 2021.

19A NCAC 03D .0544 Safety Inspection of Motorcycles

(a) Motorcycle brakes shall fail safety inspection if:

(1) when applying brakes to moving vehicle, there is insufficient force to stop the vehicle;

(2) brakes are worn in such a manner that there is an uneven braking force;

(3) there is an audible or visual indication that the brake lining is worn to the extent it is no longer serviceable;

(4) there is less than one-third reserve in either footbrake or handbrake total possible travel when the brakes are fully applied;

(5) reservoirs of braking cylinders are not full;

(6) there is a visible leakage of fluid from any brake line or brake component; or

(7) handbrake cables are frayed, broken, or frozen or linkage is defective.

(b) Motorcycle headlamps shall fail safety inspection if:

(1) headlamp does not operate or is a color other than white;

(2) there are more than two headlamps connected on a single switch;

(3) headlamp is cracked or has holes which allow entry of water;

(4) there is standing water in the headlamp; or

(5) headlamp is out of aim.

(1) they do not operate;

(2) light is a color other than red;

(3) lens is cracked or broken and allows entry of water;

(4) there is standing water in the lens;

(5) lamp is not mounted; or

(6) wiring is broken or frayed.

(d) A motorcycle stop lamp shall fail safety inspection if:

(1) lamp does not operate when brakes are applied;

(2) light is a color other than red or amber;

(3) lens is cracked or broken and allows entry of water;

(4) there is standing water in the lens;

(5) lamp is not mounted; or

(6) wiring is broken or frayed.

(e) A motorcycle license plate light shall fail safety inspection if:

(1) light does not operate;

(2) light does not illuminate the license plate; or

(3) light is a color other than white.

(f) A motorcycle horn shall fail safety inspection if:

(1) the horn does not operate;

(2) the sound emitted is not audible at 200 feet;

(3) the horn is not mounted; or

(4) the button is mounted so that it cannot be operated by the driver.

(g) Motorcycle tires shall fail safety inspection if:

(1) there is less than two thirty-seconds of an inch of tread at two or more locations around the circumference of the tire in two adjacent major tread grooves, or if the tread wear indicators are in contact with the roadway at two or more locations around the circumference of the tire;

(2) cords are exposed at any location on the tire; or

(3) sidewall is cut, bulging, damaged, or is cracked due to dry rotting.

(h) Motorcycle rear view mirrors shall fail safety inspection if:

(1) the mirrors are missing, broken, or cracked;

(2) the mirrors are not mounted; or

(3) the mirrors will not hold a setting while vehicle is in operation.

(i) A motorcycle exhaust system shall fail safety inspection if:

(1) the motorcycle has no muffler;

(2) the muffler, exhaust, or tailpipe have holes, leaking joints, seams, or patches;

(3) the tailpipe end is pinched;

(4) the exhaust system is equipped with a muffler cut out or bypass; or

(5) the muffler baffles have been removed or damaged to create a straight pipe.

(j) A motorcycle steering mechanism shall fail safety inspection if:

(1) front shocks are sagging or broken;

(2) front end assembly is loose, bent, or there are damaged or twisted bolts; or

(3) front end nuts, bolts, or rivets are loose or missing.

History

Authority G.S. 20-2; 20-39; 20-183.3
Eff. October 1, 1994
Readopted Eff. October 1, 2021.

19A NCAC 03D .0545 Investigation/Audit/Safety or Emissions Inspection Stations

(a) Complaints To Be Investigated: All complaints received by the Commissioner about any inspection station shall be investigated for the purpose of determining whether there has been a violation of the Rules of this Section and applicable General Statutes.

(b) Appropriate Enforcement Action To Be Taken: When it appears from any investigation that the inspection law has been violated by an inspection station or its agents or employees, or by a self-inspector, the Commissioner shall take the appropriate enforcement action, which may include suspension or revocation of the station's license and inspector certifications.

(c) Report of Undercover Investigation: Periodic checks shall be made by undercover officers of the Division of Motor Vehicles routinely and upon receipt of complaints to determine compliance with inspection laws. If violations are detected, administrative action shall be taken by the Division of Motor Vehicles against the licensed station and the inspection mechanic.

(d) When an authorized agent of the Division of Motor Vehicles detects a violation, he or she shall require the owner or operator to discontinue all inspections and operations until he or she is in compliance and approved by the Division of Motor Vehicles Inspector.

(e) Compliance Audit: A DMV Inspector shall audit a station's compliance with the Rules of this Section. Violation of the equipment requirements shall result in lockout of the inspection analyzer. Lockouts shall remain in effect until the issue has been brought into compliance.

History

Authority G.S. 20-2; 20-39; 20-183.6A; 20-183.8D; 20-183.8F
Eff. October 1, 1994
Readopted Eff. October 1, 2021.

19A NCAC 03D .0546 Licensing to Replace Windshield Inspection Stickers

History

Status: expired
Authority G.S. 20-2; 20-39; 20-183.6
Eff. October 1, 1994
Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03D .0547 Denial/Susp.or Revoc/Registration to Replace Windshield Inspe. Sticker

History

Status: expired
Authority G.S. 20-2; 20-39; 20-183.6
Eff. October 1, 1994
Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03D .0548 Operation to Replace Windshield Inspection Stickers

History

Status: expired
Authority G.S. 20-2; 20-39; 20-183.6
Eff. October 1, 1994
Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03D .0549 Approval and Disapproval of Vehicles

Vehicles shall not be disapproved for any reason other than those specified in 19A NCAC 03D .0533 through 03D .0553.

History

Authority G.S. 20-2; 20-39; 20-127; 20-183.2; 20-183.3; 20-183.6(a); 20-183.7(a)
Eff. October 1, 1994
Temporary Adoption Eff. November 1, 1995 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner
Amended Eff. February 1, 1996
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03D .0550 Waivers from Emissions Test Requirements

(a) The Commissioner of Motor Vehicles, or License and Theft Bureau employees who are designated by the Commissioner, shall issue a written waiver from the applicable emissions test standards for any vehicle, except vehicles listed in Paragraph (g) of this Rule, if the waiver issuance criteria have been met.

(b) A written waiver shall be issued in accordance with this Rule upon request when all of the following criteria have been met:

(1) the vehicle passed the safety portion of the inspection as shown by the vehicle inspection receipt completed by the licensed inspection station that performed the inspection;

(2) the vehicle failed the emissions portion of the inspection as shown by the vehicle inspection receipt completed by the licensed inspection station that performed the inspection;

(3) the vehicle is equipped with each emissions control device listed in Rule .0543 of this Section, if such device was equipped on the vehicle by the manufacturer. If the unleaded gas restrictor has been removed or rendered inoperable, the catalytic converter must be replaced;

(4) qualifying repairs have been completed on the vehicle within 60 days following the initial failed emissions inspection. Proof of repairs must be shown by itemized and dated receipts from the person or business that provided the repair service or parts. Receipts for parts shall name the part and the stock number. For purposes of this Rule, "qualifying repairs" means repairs performed on a vehicle for the purpose of repairing the cause of the emissions inspection failure. A visual inspection of the vehicle shall be made by the designated License and Theft Bureau employee to determine if repairs were actually performed if, given the nature of the repair, this can be visually confirmed. For 1996 and later model year vehicles, qualifying repairs must be performed by a person who is professionally engaged in vehicle repairs or who is employed by a business whose purpose is vehicle repair or who possesses a certification from the National Institute For Automotive Service Excellence for emission-related diagnosis and repair;

(5) the minimum repair expenditure applicable to the vehicle has been met by having qualifying repairs performed on the vehicle as follows:

(A) Only the costs of parts are applied toward the minimum repair expenditure, if the repairs are performed by the vehicle owner or by a person who is not professionally engaged in vehicle repairs. In addition, those who are not employed by a business whose purpose is vehicle repair or who does not possess a certification from the National Institute For Automotive Service Excellence for emission-related diagnosis and repair;

(B) For 1996 and later model year vehicles, the minimum repair expenditure is two hundred dollars ($200.00), including parts and labor costs;

(C) The cost of repairs to correct or replace emissions control devices that have been removed, disconnected, or rendered inoperable shall not be applied toward the minimum repair expenditure for any vehicle, regardless of model year.

(D) The cost of diagnostic testing to determine whether the vehicle meets emissions standards shall not be applied toward the minimum repair expenditure unless associated with actual repairs to the vehicle; and

(E) Any available warranty coverage on the vehicle must be used to obtain the needed repairs before expenditures may be applied to the minimum repair expenditure.

(6) the vehicle owner has received a written denial of warranty coverage from the vehicle manufacturer or authorized dealer if the vehicle is within the statutory age and mileage coverage under section 207(b) of the Federal Clean Air Act 42-U.S.C. 7541(b); and

(7) after qualifying repairs have been completed and within 60 days after failing the initial emissions inspection, the vehicle failed another emissions inspection as shown by the vehicle inspection receipt completed by the licensed inspection station that performed the inspection.

(c) The vehicle owner or person authorized by the owner must request the waiver and present the vehicle and current registration at the License and Theft Bureau office. The receipts and other documents required by Paragraph (b) of this Rule must be submitted to the designated License and Theft Bureau employee at the time of the request for a waiver.

(d) The designated License and Theft Bureau employee shall review the receipts and documents submitted in connection with the waiver request and shall make a visual inspection of the vehicle to verify that the criteria listed in Paragraph (b) of this Rule have been met. If the License and Theft Bureau employee is satisfied that the waiver criteria have been met, the Division must issue a written waiver for the vehicle on a form provided by the Division.

(e) The vehicle owner or person authorized by the owner must present the waiver to the licensed self-inspector or inspection station that performed the initial safety and emissions inspection. The inspection station shall reinspect the vehicle in accordance with the Rules of this Section, except for the emissions portion of the inspection. The waiver authorization number shown on the written waiver must be entered into the emissions analyzer. If the vehicle meets all other requirements of the inspection, the inspection station shall pass the vehicle inspection.

(f) Each inspection station must maintain a copy of the written waivers for vehicles inspected and approved by the station for at least 18 months in the same manner and under the same conditions as other inspection records which are required to be maintained pursuant to G.S. 20-183.6A(b).

(g) Waivers shall not be issued for vehicles that are owned, operated, or leased by a licensed self inspector.

History

Authority G.S. 20-39; 20-183.5
Eff. October 1, 1994
Readopted Eff. October 1, 2021.

19A NCAC 03D .0551 Window Tinting

(a) All stations performing window tinting inspections shall have a light meter or photometer which has been tested and approved by the Division of Motor Vehicles and that complies with Rule .0552 of this Section. Stations that do not have an approved light meter shall not inspect vehicles with applications of after-factory window tinting. Stations are not required to maintain a light meter in order to perform safety inspections on vehicles without after-factory window tinting.

(b) Prior to initiating the inspection process, the inspection mechanic shall determine if the vehicle has after-factory window tinting by using an automotive film check card or knowledge of window tinting techniques. If the vehicle has after-factory window tinting but the station does not have a light meter approved by the Division, the mechanic must inform the customer he or she is unable to perform the inspection. The station may not charge for any portion of the inspection.

(c) The inspector mechanic shall test the photometer calibration against a reference sample of glass provided by the manufacturer prior to testing the after factory window tinting. If the photometer's display is not functioning as designed by the manufacturer or the device exceeds the net light transmission calibration test by plus or minus three percentage points, the unit shall not be used until repaired. Guidelines for photometer calibration tests are as follows:

(1) The reference glass sample must be clean and free of dirt prior to performing the calibration check.

(2) If a reference glass sample has been broken or is missing, the test shall not be performed and the mechanic shall inform the customer he is unable to perform the inspection.

(d) The inspection mechanic shall perform all tests according to the photometer manufacturer's recommendations. Window tint shall fail safety inspection if:

(1) Any window on the vehicle with after-factory tint has a light transmittance of less than 32 percent;

(2) The tint on any window is red, yellow, or amber;

(3) The tint on the windshield extends more than five inches below the top of the windshield or is below the AS1 line of the windshield, whichever measurement is longer; and

(4) The light reflectance of a tinted window is not 20% or less.

(e) Window tinting on vehicles with after-factory window tint shall not be inspected if the vehicle is exempt from the window tinting restrictions under G.S. 20-127(c).

(f) The fee as specified in G.S. 20-183.7(a) for inspecting window tinting shall be charged for vehicles with after factory tint, unless the light transmission exceeds 65 percent.

History

Authority G.S. 20-2; 20-39; 20-127; 20-183.7(a)
Temporary Adoption Eff. November 1, 1995 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner
Eff. February 1, 1996
Readopted Eff. October 1, 2021.

19A NCAC 03D .0552 Photometer Design and Performance Requirements

(a) Multi-piece photometers shall be designed to be operated by one person on front windows, roll-down and non-roll-down side windows, and rear windows with up to 1/4-inch glass thickness. The multi-piece photometer shall have a three-digit digital readout capable of displaying from 00.0% to 99.9% transmittance with a resolution to the nearest 1/10 of 1%.

(b) The multi-piece photometer shall incorporate an automatic alignment feature or positive alignment indication such that the alignment of the transmitter and receiver are accomplished either automatically by respective devices or through an electronic noise indicating proper alignment, a light indicating alignment, or a feature that prevents readings being taken without the device being aligned. The automatic field of view of the transmitter and receiver shall be large enough to provide an accurate reading of the true net transmittance of the measured window.

(c) All photometric devices shall maintain unit accuracy within plus or minus three percentage points of reference samples between ten and seventy percent net light transmission.

(d) All photometric devices shall have a repeatability of plus or minus one percentage point from reading to reading.

(e) If the unit's supply voltage falls below the usable operating range, the device shall produce a low battery indication or fail to perform testing. Accurate readings must not be affected by the unit's supply voltage. The unit's power supply shall be capable of producing a minimum of 200 readings before replacement or recharge.

(f) Photometric devices shall fail the Division's certification if it is affected by outside stray or ambient light sources. In addition to physical light barriers, such as felt covers and rubber gaskets, the photometer shall include some form of electronic filtration or cancellation of any stray or ambient light sources.

(g) Photometric devices shall not be affected by interference generated by electric equipment, tools, or lighting devices. Readings shall not fluctuate when close to operating electric motors or lighting sources.

(h) Operating humidity range shall be 0-100% non-condensing. Operating temperature range shall be zero to 110 degrees F.

(i) Photometric devices shall incorporate a means of compensating for temperature and humidity changes within the stated ranges of this Rule. Acceptable units shall be capable of demonstrating both accuracy and repeatability of transmittance readings throughout the operating temperature and humidity ranges under Paragraph (h) of this Rule.

(j) The multi-piece photometer's transmitter shall have a light source capable of providing a uniform intensity beam that can accommodate the alignment capabilities of the receiver. Multi-piece photometers shall incorporate a means of self-alignment or positive alignment indication that shall be accomplished when the source and detector units are placed on their respective surfaces of the glazing to be measured as described in Paragraph (a) of this Rule. The alignment shall be accurate enough to position the detector unit within the uniform beam of the source. The result of this alignment feature shall be data that meets the accuracy and repeatability requirements of this Rule.

(k) Reference samples shall be glass with a warranted transmittance stability of at least one year. Reference samples shall provide a uniform surface reading at four points with a variation not to exceed one percentage point as measured by a calibrated spectrophotometer over an indicated range within 560nm with a variance of no more than 20nm. Reference samples shall be labeled or inscribed with the manufacturer's name, address, and date of calibration. Manufacturers shall ensure replacement reference samples are available to the consumer within two working days in the event of damage or breakage.

(l) Photometric devices shall include an all segments display option for testing the unit's LCD display segments. This test may be performed prior to each reading or through a separate test button.

(m) Photometric units shall incorporate devices that shall protect the light source and detector from direct contact with environmental elements, dust, grease, and other products associated with automotive repair shops. These devices shall also prevent the user from touching either the light source or detector.

History

Authority G.S. 20-2; 20-39; 20-127; 20-183.7(a)
Temporary Adoption Eff. November 1, 1995 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner
Eff. February 1, 1996
Readopted Eff. October 1, 2021.

19A NCAC 03D .0553 Photometer Compliance

(a) All devices used within the State of North Carolina to measure light transmittance through vehicle windshields or other windows shall, as a minimum, meet the requirements of Rule .0552 of this Section before being approved for use in enforcing state inspection laws and for law enforcement use throughout the state.

(b) Manufacturers must submit units for independent laboratory testing to the Commissioner.

(c) Fees for testing shall either be reimbursed to the Division of Motor Vehicles by the manufacturer or directly to the laboratory by the manufacturer as directed by the Commissioner.

History

Authority G.S. 20-2; 20-39; 20-127; 20-183.6(a); 20-183.7(a)
Temporary Adoption Eff. November 1, 1995 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner
Eff. February 1, 1996
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03D .0601 Violations of Weight: Registration of Fuel Tax Laws

When a vehicle is found to be in violation of the weight, registration, or fuel tax laws of North Carolina, a Citation and Notice of Assessment shall be issued to the owner of the vehicle by such officers and inspectors of the Division of Motor Vehicles as designated by the Commissioner who shall assess the mandatory penalty or license fees.

History

Authority G.S. 20-1; 20-2; 20-39; 20-45; 20-50; 20-64(a); 20-72 through 20-79; 20-83; 20-85 through 20-88; 20-88.1; 20-96; 20-116; 20-118
Eff. July 1, 1978
Amended Eff. January 1, 1994; February 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03D .0602 Collection of Assessments

(a) A notice of an outstanding or unpaid assessment shall be mailed to the owner of the vehicle by the Division of Motor Vehicles, Enforcement Section Director after 10 days if the assessed taxes or penalties have not been paid.

(b) If the assessment is not paid, the appropriate procedure(s) listed below is followed:

(1) A warrant for Collection of Taxes or Penalties shall be filed with the sheriff of the appropriate county where the owner of the vehicle resides or owns real property.

(2) A Garnishment for Taxes shall be served on the employer of the taxpayer or the bank where the taxpayer has an account.

(3) A Certificate of Tax Liability shall be filed with the Clerk of Court of the county in which the taxpayer resides or owns real property.

(4) A Reciprocity Suspension shall be mailed by the Division of Motor Vehicles to the owner of the vehicle for which an outstanding or unpaid assessment exists and a copy of this reciprocity suspension shall be filed with the appropriate department in the appropriate state or jurisdiction in which the taxpayer has vehicles registered.

(c) When the assessment is paid, a Certificate of Satisfaction shall be filed with the Clerk of Court in the county where the Certificate of Tax Liability was filed. When an assessment is paid where reciprocity has been suspended, the reciprocity shall be restored by notifying the owner of the vehicle by mail of the restoration of reciprocity and by notifying the proper authority in the appropriate state by mail.

History

Authority G.S. 20-1; 20-2; 20-39; 20-49; 20-91.1; 20-96; 20-99
Eff. July 1, 1978
Amended Eff. January 1, 1994; February 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03D .0603 Weighing Vehicles with Portable Scales

History

Status: repealed
Authority G.S. 20-1; 20-118.1
Eff. July 1, 1978
Amended Eff. February 1, 1985; February 1, 1982; April 11, 1980
Repealed Eff. November 1, 1991.

19A NCAC 03D .0604 Reciprocity Agreements

History

Status: repealed
Authority G.S. 20-1; 20-2; 20-4.1 through 20-4.12; 20-39; 20-84.2
Eff. February 1, 1982
Repealed Eff. January 1, 1994 pursuant to 1991 S.L., c. 477, s. 3.

19A NCAC 03D .0701 Vehicle Equipment Approval

(a) The Enforcement Section is responsible for issuing certificates of approval for all motor vehicle safety equipment that requires the approval of the Commissioner of Motor Vehicles.

(b) Anyone wishing to know if an item requires the commissioner's approval may contact the Enforcement Section, Division of Motor Vehicles, 1100 New Bern Avenue, Raleigh, North Carolina for the information.

(c) If the equipment requires the commissioner's approval, and an individual wishes to know if a particular brand name item is approved, he may also contact the Enforcement Section, Division of Motor Vehicles, 1100 New Bern Avenue, Raleigh, North Carolina for a listing of approved manufacturers of this piece of safety equipment.

History

Authority G.S. 20-1; 20-124(f),(h); 20-125(a) through (c); 20-125.1(a),(b); 20-126(a) through (c); 20-127(b); 20-129(a) through (d),(f),(g); 20-129.1(7),(8); 20-130(a); 20-131(a) through (d); 20-135(c); 20-135.1(a); 20-135.2(a),(b); 20-135.3; 20-137.1(a)
Eff. February 1, 1982
Amended Eff. January 1, 1994; November 1, 1991; August 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03D .0702 Information for Manufacturer

History

Status: repealed
Authority G.S. 20-1; 20-124(f),(h); 20-125(a) through (c); 20-125.1(a),(b); 20-126(a) through (c); 20-127(b); 20-129(a) through (d),(f),(g); 20-129.1(7),(8); 20-130(a); 20-131(a) through (d); 20-135(c); 20-135.1(a); 20-135.2(a); 20-135.3
Eff. February 1, 1982
Amended Eff. November 1, 1991
Repealed Eff. January 1, 1994.

19A NCAC 03D .0703 Required Lighting Equipment for House Trailers

Every house trailer, mobile home, modular home, or structural component thereof shall have two stop lamps, one on each side of the vertical centerline, at the same height and, as far apart as practicable; two tail lamps, one on each side of the vertical centerline, at the same height, and as far apart as practicable; and two red reflex reflectors, one on each side of the vertical centerline, at the same height, and as far apart as practicable; and two turn signal lamps, one on each side of the vertical centerline, at the same height, and as far apart as practicable while the vehicle is in intrastate transit. The lighting equipment may be attached by means of a harness removable upon completion of transit.

History

Authority G.S. 20-1; 20-129.2
Eff. February 1, 1982
Amended Eff. January 1, 1994; November 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03D .0704 Identification Decal

An owner of a privately registered vehicle who is issued an identification decal permitting a vehicle to enter a secured or private area, such as a military base, a place of employment, or a parking lot, may affix the decal to the interior surface of that vehicle's windshield provided that the decal does not exceed four inches in width and three inches in height and that it be placed in the lower right corner of the windshield as near as practical to the lower edge of the windshield with the right edge of the decal against the far right frame of the windshield.

History

Authority G.S. 20-127(a)
Eff. July 1, 1983
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03D .0801 Safety of Operation and Equipment

History

Authority G.S. 20-17.7; 20-21; 20-37.22; 20-96; 20-183.2(a); 20-381
Eff. December 1, 1983
Amended Eff. November 1, 1991; October 1, 1991
Temporary Amendment Eff. February 1, 1992 for a Period of 180 Days to Expire on July 30, 1992
Temporary Amendment Eff. March 30, 1992 for a Period of 180 Days to Expire on September 26, 1992
Amended Eff. August 3, 1992; July 1, 1992
Temporary Amendment Eff. December 1, 1999
Amended Eff. August 1, 2002; April 1, 2001
Temporary Amendment Eff. August 6, 2002
Amended Eff. August 1, 2004
Transferred and recodified to 14A NCAC 09J .0101 Eff. March 23, 2009.

19A NCAC 03D .0802 Hazardous Materials

History

Authority G.S. 20-2; 20-381
Eff. December 1, 1983
Amended Eff. April 1, 2001; January 1, 1994
Transferred and recodified to 14A NCAC 09J .0102 Eff. March 23, 2009.

19A NCAC 03D .0803-.0827 Publisher editorial transfer note

Editor's Note: 19A NCAC 3D.0803 ‑ .0827 have been transferred and recodified to 19A NCAC 3E .0501 ‑ .0525 Eff. January 3, 1996.

19A NCAC 03D .0901 Purpose and Definitions

This Section establishes rules for and provides information for sun screening devices. The following definitions define terms used in this Section:

(1) "Sun screening film" means products or materials designed to be used in conjunction with approved vehicle safety glazing materials for the purpose of reducing the effects of the sun.

(2) "Luminous reflectance" and "light transmittance" as referred to in these Rules are in the visible light range.

(3) "Reflectance" means the ratio of the amount of total light, expressed in percentages, which is reflected outward by the device to the amount of total light falling on the device.

(4) "Transmittance" means the ratio of the amount of total light, expressed in percentages, which is allowed to pass through the device including the glazing to the amount of total light falling on the device and the glazing.

(5) "Manufacturer" means any person engaged in the manufacturing or assembling of sun screening devices designed to be used in conjunction with vehicle glazing materials.

History

Authority G.S. 20-39; 20-127
Eff. January 1, 1988
Amended Eff. January 1, 1994
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03D .0902 Testing and Certification

(a) Each manufacturer prior to offering for sale tinted sun-screening film to be installed on a motor vehicle shall demonstrate compliance with the applicable requirements of this Rule. Test specimens of the sun-screening film shall be tested in conjunction with the glazing material of intended use. The necessary tests shall be conducted by or supervised by a laboratory approved by the Commissioner.

(b) Testing of the sun-screening film shall be in accordance with the applicable provisions of American National Standards Institute (ANSI) Z26.1-1983; ANSI/ASTM E308-73; ANSI/ASTM E179-73; and ANSI/ASTM C523-68, which are hereby incorporated by reference including all future editions and amendments.

(c) Each manufacturer prior to offering for sale tinted sun-screening film to be installed shall certify to the Commissioner that the sun-screening film is in compliance with the transmittance and reflectivity requirements of G.S. 20-127.

History

Authority G.S. 20-39; 20-127
Eff. January 1, 1988
Amended Eff. January 1, 1994
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03D .0903 Application Fee

Each manufacturer applying for approval of a sun screening device shall be registered with the Equipment Approval Unit of the Division of Motor Vehicles. Testing procedures and results shall be accompanied by the certification referred to in Rule .0902(c) of this Section and a fee of twenty-five dollars ($25.00) in order to review the application materials.

History

Authority G.S. 20-39; 20-127
Eff. January 1, 1988
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03D .0904 Approval and Labeling of Devices

(a) No devices manufactured with a luminous reflectance of more than 20 percent or a light transmittance of less than 50 percent will be approved for use on vehicles registered in this State.

(b) After approval of the device by the commissioner, each manufacturer shall provide an approved label with a means for permanent and legible installation between the device and each glazing surface to which it is applied. Each label shall contain the following information:

(1) The name and address of the manufacturer;

(2) The registration number assigned to the device by the Division; and

(3) The words, "complies with G.S. 20-127".

(c) Each manufacturer shall include instructions with the device for proper installation, including the affixing of the label specified in Paragraph (b) of this Rule. The label shall be placed as required by G.S. 20-127(d).

History

Authority G.S. 20-39; 20-127
Eff. January 1, 1988
Amended Eff. November 1, 1988
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

Subchapter E

19A NCAC 03E .0101 General Information

History

Status: repealed
Authority G.S. 20-1; 20-50; 20-88; 20-89; 20-90; 20-91; 20-92; 20-93
Eff. July 1, 1978
Amended Eff. March 1, 1982
Repealed Eff. July 1, 1983.

19A NCAC 03E .0102 Records

History

Status: repealed
Authority G.S. 20-1; 20-88; 20-89; 20-90; 20-91; 20-92
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03E .0103 Gross Revenue

History

Status: repealed
Authority G.S. 20-1; 20-88; 20-89; 20-90; 20-91; 20-92
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03E .0104 Mileage

History

Status: repealed
Authority G.S. 20-1; 20-88; 20-89; 20-90; 20-91; 20-92
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03E .0105 Reports

History

Status: repealed
Authority G.S. 20-1; 20-88; 20-89; 20-90; 20-91; 20-92
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03E .0106 Guideline Book

History

Status: repealed
Authority G.S. 20-1; 20-88; 20-89; 20-90; 20-91; 20-92
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03E .0107 Registration Under the International Registration Plan

History

Status: repealed
Authority G.S. 20-86.1
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. July 1, 1983.

19A NCAC 03E .0201 Licensing Equipment

History

Status: repealed
Authority G.S. 20-1; 20-50: 20-87; 20-91; 20-93
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. July 1, 1983.

19A NCAC 03E .0202 Records

History

Status: repealed
Authority G.S. 20-1; 20-50: 20-87; 20-91; 20-93
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. July 1, 1983.

19A NCAC 03E .0203 Gross Revenue

History

Status: repealed
Authority G.S. 20-1; 20-87; 20-89
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03E .0204 Mileage

History

Status: repealed
Authority G.S. 20-1; 20-87; 20-89
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03E .0205 Reports

History

Status: repealed
Authority G.S. 20-1; 20-87; 20-89 through 20-92
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. July 1, 1983.

19A NCAC 03E .0301 General Information

History

Status: repealed
Authority G.S. 20-1; 20-66; 20-84.2
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03E .0302 One-Way Truck Registration

(a) In addition to the General Statutes concerning truck registration, every registrant (owner) of trucks of less than 26,000 pounds gross vehicle weight operated as a one-way fleet shall allocate vehicles to North Carolina.

(b) The minimum number of vehicles to be licensed in North Carolina shall be determined as follows:

(1) Divide the North Carolina miles by the total miles traveled (all jurisdictions) by each class of motor vehicles during the preceding year. The preceding year means the period of 12 consecutive months immediately prior to July 1st of each year immediately preceding the commencement of the registration or license year for which the application is being filed.

(2) Multiply the North Carolina percent times the total number of vehicles owned or operated January 1st in the particular class.

(3) When equipment is added to a particular class after January 1st of any licensing year, the same percent used at the beginning of that licensing year (January 1st) shall be used to determine the portion of the new vehicles to be registered in North Carolina.

(c) A record of unit number, identification, declared gross weight, miles traveled, monthly inventory (motor vehicle) records, North Carolina license number and date license purchased shall be retained for three years.

History

Authority G.S. 20-1; 20-84.2; 20-86.1
Eff. July 1, 1978
Amended Eff. December 1, 1993; November 1, 1991; July 1, 1983; February 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03E .0303 Utility Trailer Registration

History

Status: expired
Authority G.S. 20-1; 20-66; 20-86.1
Eff. July 1, 1978
Amended Eff. December 1, 1993; November 1, 1991; July 1, 1983; February 1, 1982
Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03E .0304 U-Drive-It Car Registration

History

Status: expired
Authority G.S. 20-1; 20-66; 20-86.1
Eff. July 1, 1978
Amended Eff. December 1, 1993; November 1, 1991; July 1, 1983; February 1, 1982
Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03E .0401 General Information

(a) Apportionable vehicles used or intended for use in two or more jurisdictions that allocate or proportionally register vehicles for the transportation of persons or property, shall be registered in accordance with the provisions of the International Registration Plan. The International Registration Plan is hereby incorporated by reference, including subsequent amendments and editions, which can be found at no cost at the Division's International Registration Plan offices in Charlotte or Raleigh, and online at https://www.ncdot.gov/dmv/programs/commercial-trucking/Pages/default.aspx.

(b) The term "Apportionable Vehicle" as used in this Rule means any vehicle, except recreational vehicles, vehicles displaying restricted plates, city pick up and delivery vehicles, buses used in transportation of chartered parties, and government-owned vehicles, used, or intended for use, in two or more member jurisdictions that allocate or proportionally register vehicles and is used for the transportation of persons for hire or designed, used or maintained for the transportation of property and:

(1) is a power unit having two axles and a gross vehicle weight or registered gross vehicle weight in excess of 26,000 pounds;

(2) is a power unit having three or more axles regardless of weight; or

(3) is used in combination when the weight of such combination exceeds 26,000 pounds gross vehicle weight.

(c) Vehicles, or combinations thereof, having a gross vehicle weight of 26,000 pounds or less and two-axle vehicles and buses used in transportation of chartered parties may be proportionally registered at the option of the registrant.

(d) The Raleigh and Charlotte offices of the North Carolina Division of Motor Vehicles shall register vehicles under the International Registration Plan. Registrants or other interested persons shall obtain the International Registration Plan manual and the application schedule forms from:

(1) North Carolina Division of Motor Vehicles

I.R.P. Section

1425 Rock Quarry Road

Suite 100

Raleigh, North Carolina 27610; or

(2) North Carolina Division of Motor Vehicles

I.R.P. Unit

6016 Brookshire Blvd.

Charlotte, North Carolina 28216.

(e) The principles for implementation of this registration reciprocity agreement among states of the United States and provinces of Canada shall be found in the most recent publication of the International Registration Plan Policies and Procedures Manual, the Uniform Operation Audit Procedures Guidelines and the North Carolina Department of Transportation, Division of Motor Vehicles International Registration Plan Manual.

(f) The forms for the International Registration Plan and rental vehicles shall be obtained from the International Registration Plan Section (IRP) of the Division of Motor Vehicles, Raleigh, North Carolina.

History

Authority G.S. 20-86.1; 20-91
Eff. July 1, 1983
Amended Eff. April 30, 1997; December 1, 1993; November 1, 1991
Readopted Eff. June 1, 2021.

19A NCAC 03E .0402 Registration Under the International Registration Plan

History

Status: repealed
Authority G.S. 20-86.1
Eff. July 1, 1983
Repealed Eff. November 1, 1991.

19A NCAC 03E .0403 License Period for Trailer Plate

History

Status: expired
Authority G.S. 20-39; 20-63; 20-87(9); 20-88
Eff. November 1, 1991
Amended Eff. April 30, 1997; December 1, 1993
Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03E .0501 Certificate: Vehicle Identification: Etc

(a) Passengers, fire-fighting equipment, medical and hospital supplies, food, feed, clothing, and other articles necessary for immediate relief of or direct prevention of fires, sickness, accident, storm, flood, or similar catastrophes, may be transported by any person in any available vehicle without notice to or authority from the Utilities Commission or the Motor Carrier Regulatory Unit upon issuance of an executive order from the Governor. The North Carolina Utilities Commission, however, has jurisdiction over household goods movers.

(b) A certificate of exemption may be canceled upon notice to the holder without hearing for any one or more of the following causes:

(1) for failure to mark for hire vehicles as required by Paragraph (c) of this Rule;

(2) for the transportation of passengers or property not exempt from rules;

(3) for refusal to permit the Division's inspectors, upon demand and display of proper credentials, to make examination of loaded trucks, the property being transported, and all books, records, and accounts relating to the transportation of property for hire;

(4) for failure of exempt for hire passenger carriers to keep on file with the Division proper evidence of insurance as required by the Utilities Commission;

(5) for failure of exempt for hire passenger or property carriers to comply with the safety rules of the Division.

(c) Every vehicle operated under a certificate of exemption shall have printed on both sides thereof, in letters and figures not less than three inches high, the owner's name, or trade name, address, and certificate number unless such vehicle is under permanent lease in which case only the certificate number of the lessor shall appear. In case of a tractor-trailer unit, the marking shall be on the tractor.

(d) The lease of equipment with driver for use in private transportation of property is prohibited unless the following requirements are met:

(1) the leased equipment shall be exclusively committed to the lessee's use for the term of the lease;

(2) the lessee shall have exclusive dominion and control over the transportation service during the term of the lease;

(3) the lessee shall maintain liability insurance for any injury caused in the course of performing the transportation service;

(4) the lessee shall be responsible for compliance with safety rules;

(5) the lessee shall bear the risk of damage to cargo; and

(6) the term of the lease shall be for a minimum period of 30 days.

(e) Any person operating under a certificate of exemption using a leased or rented vehicle shall have the vehicle properly marked or placarded on both sides in letters and figures not less than three inches high, the lessee's name or trade name, address and certificate number.

History

Authority G.S. 20-378
Temporary Rule Eff. February 11, 1986 for a period of 120 days to expire on June 11, 1986
Eff. April 1, 1986
Amended Eff. January 1, 1994
Transferred and Recodified from 19A NCAC 03D .0803 Eff. January 3, 1996
Amended Eff. April 30, 1997
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03E .0502 Purchase of for Hire License Tags

A certificate of exemption for the transportation of passengers issued as provided in Rule .0501 of this Section does not in itself constitute approval by the Division of the purchase of for hire tags for vehicles owned by the person to whom such certificate is issued. For hire tags may only be purchased by holders of exemption certificates for the transportation of passengers who are in full compliance with the insurance and safety rules of the Division. Vehicles of such carriers shall be registered with the Division as required by Rule .0507 of this Section and upon carrier's compliance with said insurance and safety rules, said vehicles shall be approved by the Division of Motor Vehicles so that tags may be purchased, but not before.

History

Authority G.S. 20-86; 20-86.1; 20-378
Temporary Rule Eff. February 11, 1986 for a period of 120 days to expire on June 11, 1986
Eff. April 1, 1986
Amended Eff. January 1, 1994; November 1, 1991
Transferred and Recodified from 19A NCAC 03D .0804 Eff. January 3, 1996
Amended Eff. April 30, 1997
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03E .0503 Change of Name or Trade Name

In the event a carrier finds it necessary to change its name or trade name, its certificate of exemption must be presented to the Division for cancellation, and a new certificate will be issued in lieu thereof.

Note: Titles to motor vehicles are matters of public record, and any change in the name or trade name of the registered owner requires a corresponding change in the title to the vehicle and registration card.

History

Authority G.S. 20-378
Temporary Rule Eff. February 11, 1986 for a period of 120 days to expire on June 11, 1986
Eff. April 1, 1986
Transferred and Recodified from 19A NCAC 3D .0805 Eff. January 3, 1996
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03E .0504 Transfer of Certificates of Exemption

Certificates of exemption shall not be sold, assigned or transferred.

History

Authority G.S. 20-378
Temporary Rule Eff. February 11, 1986 for a period of 120 days to expire on June 11, 1986
Eff. April 1, 1986
Transferred and Recodified from 19A NCAC 3D .0806 Eff. January 3, 1996
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03E .0505 Insurance and Safety Rules: Exempt Passenger Carriers

In the application of the insurance and safety rules of the Division under G.S. 62-260(f) and certificates of exemption under G.S. 62-260(g), the term "motor carriers" as included in said sections shall be construed under the definition in G.S. 62-3(17) to be limited to motor common carriers or motor contract carriers of exempt passengers for hire who have been issued certificates of exemption by the Division.

History

Authority G.S. 20-378
Temporary Rule Eff. February 11, 1986 for a period of 120 days to expire on June 11, 1986
Eff. April 1, 1986
Amended Eff. January 1, 1994
Transferred and Recodified from 19A NCAC 3D .0807 Eff. January 3, 1996
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03E .0506 Regulation Carriers: Use of Rented or Leased Vehicles

(a) No carrier authorized to operate as a common carrier of property or as a contract carrier of property by the Utilities Commission shall use any vehicle of which such carrier is not the owner for the transportation of property for compensation, except under a bona fide written lease from the owner, subject to the following conditions:

(1) The lessee shall use such vehicles only for purposes and within the territory covered by his operating authority and for the term of the lease.

(2) The property transported shall be transported in the name of and under the responsibility of the said lessee, and under the direct supervision and control of the lessee.

(3) The drivers of said leased equipment shall be directly supervised and controlled by lessee.

(4) The name, address and certificate or permit number assigned to the lessee shall be displayed on the leased vehicle as required by the Utilities Commission.

(5) The vehicle shall be covered by insurance in the name of the lessee as required by the Utilities Commission.

(6) The lease shall specify a definite effective period, the amount of consideration to the lessor, and shall list and describe the equipment covered.

(7) A legible copy of the executed lease shall be carried in the leased vehicle at all times, unless a certificate as provided in Paragraph (a)(8) of this Rule is carried in lieu thereof.

(8) Unless a copy of the lease is carried on the equipment as provided in Paragraph (a)(7) of this Rule, the authorized carrier shall prepare a statement certifying that the equipment is being operated by it, which shall specify the name of the owner, the date of the lease, the period thereof, any restrictions therein relative to the commodities to be transported, and the location of the premises where the original of the lease is kept by the authorized carrier, which certificate shall be carried with the equipment at all times during the entire period of the lease.

Exception: The provisions of this Rule shall not apply to the interchange of trailers.

(b) No common or contract carrier of property shall lease its equipment for private use in the transportation of commodities which it is authorized to transport by authority of the Utilities Commission, and no common or contract carrier of property shall lease equipment with drivers to private carriers or shippers under any circumstance.

(c) The rules and regulations relating to lease and interchange of vehicles, as prescribed in the Code of Federal Regulations, Title 49 - Transportation, Chapter X - Interstate Commerce Commission, Sub-Chapter A - General Rules and Regulations, Part 1057 - Lease and Interchange of Vehicles, to the extent that said regulations are not in conflict with the North Carolina Statutes, shall apply to all motor carriers of property authorized by the North Carolina Utilities Commission to operate in North Carolina; and are incorporated by reference including any subsequent amendments. Code of Federal Regulations Title 49 - Transportation, Chapter X can be purchased for nineteen dollars ($19.00) from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 371954, Washington, D.C. 15250. Make check payable to Superintendent of Documents.

History

Authority G.S. 20-378
Temporary Rule Eff. February 11, 1986 for a period of 120 days to expire on June 11, 1986
Eff. April 1, 1986
Amended Eff. January 1, 1994; November 1, 1991
Transferred and Recodified from 19A NCAC 3D .0808 Eff. January 3, 1996
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03E .0507 Beginning Operations for the Transportation of Passengers

(a) An order of the Utilities Commission, approving an application, or the issuance of a certificate or a permit, or a certificate of exemption issued by the Division for the transportation of passengers, does not within itself authorize the carrier to begin operations. Operations are unlawful until the carrier shall have complied with G.S. 62-325, Rule R2-22 by:

(1) Registration of its rolling equipment with the Division on Form MC-19.

(2) Filing insurance with the Division covering its rolling equipment or by providing other security for the protection of the public, as provided by the Utilities Commission.

(3) In the case of common and contract carriers, filing tariffs and schedules or rates and charges with the Utilities Commission to be made for the transportation service authorized, as provided by the Utilities Commission.

(b) Unless a common or contract carrier complies with the foregoing requirements and begins operating, as authorized, within a period of 30 days after the commission's order approving the application becomes final, and unless the time is extended in writing by the Utilities Commission upon written request, the operating rights therein granted will cease and determine.

History

Authority G.S. 20-378
Temporary Rule Eff. February 11, 1986 for a period of 120 days to expire on June 11, 1986
Eff. April 1, 1986
Amended Eff. January 1, 1994; November 1, 1991
Transferred and Recodified from 19A NCAC 3D .0809 Eff. January 3, 1996
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03E .0508 Registration of Vehicles

(a) Before beginning operations as a common carrier or as a contract carrier or as an exempt for hire passenger carrier all vehicles to be used in the operation must be registered with the Division.

(b) New or additional vehicles may be added to an operation at any time by registration of the same with the Division and the payment of a registration fee.

(c) All registered vehicles to be continued in the service after the close of the year must be reregistered for the following year by payment of the reregistration fee.

History

Authority G.S. 20-378
Temporary Rule Eff. February 11, 1986 for a period of 120 days to expire on June 11, 1986
Eff. April 1, 1986
Transferred and Recodified from 19A NCAC 3D .0810 Eff. January 3, 1996
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03E .0509 Inspection of Vehicles: Books: Records: Etc.

(a) Authorized representatives of the Division, upon demand and display of proper credentials, shall be permitted by any carrier transporting, or authorized to transport, property or passengers over the public highways of North Carolina to examine the books, records, accounts, bills of lading, load sheets or manifests, or other records of such carrier relating to the transportation of property or passengers and the vehicles, terminals, buildings, and other equipment and facilities used by such carrier in such transportation business; and all such carriers shall instruct their drivers, agents and employees in charge of such records, equipment and facilities to permit such examination.

(b) Representatives of the Division authorized to make inspections under the provisions of Chapter 20, Article 17 and these Rules shall be provided with a card of identification. They shall have the right at any time to enter into or upon any motor vehicle being operated under Chapter 20, Article 17, and to which these Rules apply, including exempt for hire passenger vehicles, for the purpose of ascertaining whether or not the provisions of the law and these Rules are being complied with. Willful refusal of any carrier or driver of any such motor vehicle to stop or discontinue the use of any such motor vehicle until properly conditioned, when ordered to do so by any such representative, or to permit such representative to enter into or upon the same for the purpose aforesaid, shall be sufficient ground for the revocation of the violator's certificate or permit or exemption certificate, as the case may be. Inspectors shall report all irregularities under this Rule to the Division. The Division's jurisdiction under this Rule is extended to include bus stations, carriers' offices and garages.

(c) No inspector or other agent of the Division shall knowingly and willfully divulge any fact or information which may come to his knowledge during the course of any such examination or inspection except to the Division or Utilities Commission or as may be directed by the Division or upon approval of request by the Utilities Commission or by a court or judge.

History

Authority G.S. 20-378
Filed as a Temporary Rule Eff. February 11, 1986 for a period of 120 days to expire on June 11, 1986
Eff. April 1, 1986
Transferred and Recodified from 19A NCAC 3D .0811 Eff. January 3, 1996
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03E .0510 Interstate Carriers: Registration of Certificates: Permits

History

Status: expired
Authority G.S. 20-378
Filed as a Temporary Rule Eff. February 11, 1986 for a period of 120 days to expire on June 11, 1986
Eff. April 1, 1986
Transferred and Recodified from 19A NCAC 03D .0812 and .0813 Eff. January 3, 1996
Amended Eff. April 30, 1997
Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03E .0511 Registration of Interstate Authority

History

Status: expired
Authority G.S. 20-378
Filed as a Temporary Rule Eff. February 11, 1986 for a period of 120 days to expire on June 11, 1986
Eff. April 1, 1986
Transferred and Recodified from 19A NCAC 03D .0812 and .0813 Eff. January 3, 1996
Amended Eff. April 30, 1997
Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03E .0512 Single State Registration

History

Status: expired
Filed as a Temporary Rule Eff. February 11, 1986 for a period of 120 days to expire on June 11, 1986
Authority G.S. 20-378
Eff. April 1, 1986
Amended Eff. January 1, 1994
Transferred and Recodified from 19A NCAC 03D .0814 Eff. January 3, 1996
Amended Eff. April 30, 1997
Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03E .0513 Evidence of Liability Security

(a) All interstate motor carriers shall keep in force at all times public liability and property damage insurance in amounts not less than the minimum limits prescribed by the U.S. Department of Transportation or Interstate Commerce Commission. There shall be filed with the Division a Form E (Uniform Motor Carrier Bodily Injury and Property Damage Liability Certificate of Insurance) as set forth in the rules in this Section. A BMC91 (Uniform Motor Carrier Bodily Injury and Property Damage Certificate of Insurance) or a BMC91X (Motor Carrier Automobile Bodily Injury Liability and Property Damage Liability) shall be filed with the Division if a motor carrier has authority from U.S. DOT.

(b) Notice of cancellation of insurance shall be given to the Division by the insurer. The BMC35 (Notice of Cancellation of Motor Carrier Insurance) shall be filed to cancel the BMC91 or BMC91X.

(c) Such motor carriers who have been permitted to post bond in lieu of insurance or who have qualified as self-insurers, under the rules and regulations of the U.S. DOT, shall not engage in interstate commerce within the borders of this state unless and until such carriers have filed surety bonds (Form G, Uniform Motor Carrier Bodily Injury and Property Damage Liability Surety Bond) which have been accepted by the Division or a true and legible copy of the currently effective U.S. DOT order authorizing such motor carrier to self-insure under the provisions of the Interstate Commerce Act. Notice of cancellation of surety bonds shall be given to the Division by filing Form L (Uniform Notice of Cancellation of Motor Carrier Surety Bond).

(d) A BMC91 or BMC91X shall not be accepted unless it is issued by an insurance company authorized by U.S. DOT.

History

Authority G.S. 20-378
Temporary Rule Eff. February 11, 1986 for a period of 120 days to expire on June 11, 1986
Eff. April 1, 1986
Amended Eff. January 1, 1994; November 1, 1991
Transferred and Recodified from 19A NCAC 03D .0815 Eff. January 3, 1996
Amended Eff. April 30, 1997
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03E .0514 Issuance of Registration Receipt

History

Status: expired
Authority G.S. 20-378
Filed as a Temporary Rule Eff. February 11, 1986 for a period of 120 days to expire on June 11, 1986
Eff. April 1, 1986
Amended Eff. January 1, 1994; November 1, 1991
Transferred and Recodified from 19A NCAC 03D .0816 and .0817 Eff. January 3, 1996
Amended Eff. April 30, 1997
Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03E .0515 Designation of Process Agent

History

Status: expired
Authority G.S. 20-378
Filed as a Temporary Rule Eff. February 11, 1986 for a period of 120 days to expire on June 11, 1986
Eff. April 1, 1986
Amended Eff. January 1, 1994; November 1, 1991
Transferred and Recodified from 19A NCAC 03D .0816 and .0817 Eff. January 3, 1996
Amended Eff. April 30, 1997
Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03E .0516 Violations Declared Unlawful

History

Status: repealed
Filed as a Temporary Rule Eff. February 11, 1986 for a period of 120 days to expire on
June 11, 1986
Authority G.S. 20-378; 20-387
Eff. April 1, 1986
Repealed Eff. January 1, 1994 pursuant to 1991 S.L., c. 477, s. 3
Transferred and Recodified from 19A NCAC 3D .0818 Eff. January 3, 1996.

19A NCAC 03E .0517 Retention of Records

The rules and regulations relating to destruction of records as prescribed in the Code of Federal Regulations, Title 49 - Transportation, Chapter X, Interstate Commerce Commission, Sub-Chapter A - General Rules and Regulations, Part 1226 - Motor Carriers and Brokers, to the extent that such regulations are not in conflict with the North Carolina Statutes, shall apply to all motor carriers authorized by the North Carolina Utilities Commission to operate in North Carolina, and, are incorporated by reference including any subsequent amendments. Code of Federal Regulations Title - 49 Transportation, Chapter X part 1226 can be purchased for twenty one dollars ($21.00) by writing to the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 371954, Washington, D.C. 15250. Make check payable to the Superintendent of Documents.

History

Authority G.S. 20-378
Temporary Rule Eff. February 11, 1986 for a period of 120 days to expire on June 11, 1986
Eff. April 1, 1986
Amended Eff. January 1, 1994
Transferred and Recodified from 19A NCAC 3D .0819 Eff. January 3, 1996
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03E .0518 Registration: Exempt Interstate Motor Carriers: Definitions

The following letters and words, when used in Rules .0519 through .0525 of this Section, shall have the following meanings, unless otherwise clearly apparent from the context:

(1) The words "driveaway operation" shall mean an operation in which any vehicle or vehicles, operated singly or in lawful combinations, new or used, not owned by the transporting motor carrier, constitute the commodity being transported;

(2) The letters "U.S. DOT" shall mean the United States Department of Transportation;

(3) The word "law" shall include constitutional and statutory provisions and rules adopted by the North Carolina Division of Motor Vehicles;

(4) The words "motor carrier" shall mean a motor carrier of passengers or property for compensation engaged in interstate or foreign commerce when its operation is exempt from economic regulation by the U.S. DOT under the Interstate Commerce Act, as amended;

(5) The letters "NARUC" shall mean the National Association of Regulatory Utility Commissioners;

(6) The words "State Commission", "Commission", or "Division" shall mean the North Carolina Division of Motor Vehicles;

(7) The word "vehicle" shall mean a self-propelled or motor driven vehicle operated by a motor carrier; and

(8) The words "within the borders" shall mean such operations deemed to include interstate or foreign operations to, from, within or traversing the state.

History

Authority G.S. 20-378
Temporary Rule Eff. February 11, 1986 for a period of 120 days to expire on June 11, 1986
Eff. April 1, 1986
Amended Eff. January 1, 1994
Transferred and Recodified from 19A NCAC 03D .0820 Eff. January 3, 1996
Amended Eff. April 30, 1997
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03E .0519 Registration Required

(a) A motor carrier shall not operate within the borders of the state unless and until there shall have been filed with and approved by the Division an application for the registration of such operation as prescribed by the provisions of Rule .0521 of this Section, and there shall have been a compliance with all other requirements of this Section. A change in operation shall be reported by the prior filing of a supplemental application.

(b) The application for the registration of such operation, and any supplemental application to report any change in operation, shall be in the form set forth in Form A-1 which is available from the Motor Carrier Regulatory Unit. The application shall be printed on a rectangular card or sheet of paper 11 inches in height and 8 and 2 inches in width. The application shall be duly completed and executed by an official of the motor carrier.

(c) The application for the registration of such operation shall be filed in duplicate with the Division. The original shall be retained by the Division. The other copy of the application or an acknowledgment shall be transmitted to the motor carrier when the application is approved by the Division. The application shall be accompanied by a fee in the amount of twenty-five dollars ($25.00).

History

Authority G.S. 20-378
Temporary Rule Eff. February 11, 1986 for a period of 120 days to expire on June 11, 1986
Eff. April 1, 1986
Amended Eff. January 1, 1994
Transferred and Recodified from 19A NCAC 03D .0821 Eff. January 3, 1996
Amended Eff. April 30, 1997
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03E .0520 Designation of Process Agent Required

History

Status: expired
Authority G.S. 20-378; 20-387
Filed as a Temporary Rule Eff. February 11, 1986 for a period of 120 days to expire on June 11, 1986
Eff. April 1, 1986
Amended Eff. January 1, 1994; November 1, 1991
Transferred and Recodified from 19A NCAC 3D .0822-.0825 Eff. January 3, 1996
Amended Eff. April 30, 1997
Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03E .0521 Vehicle Registration and Identification Required

History

Status: expired
Authority G.S. 20-378; 20-387
Filed as a Temporary Rule Eff. February 11, 1986 for a period of 120 days to expire on June 11, 1986
Eff. April 1, 1986
Amended Eff. January 1, 1994; November 1, 1991
Transferred and Recodified from 19A NCAC 3D .0822-.0825 Eff. January 3, 1996
Amended Eff. April 30, 1997
Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03E .0522 Evidence of Liability Security

History

Status: expired
Authority G.S. 20-378; 20-387
Filed as a Temporary Rule Eff. February 11, 1986 for a period of 120 days to expire on June 11, 1986
Eff. April 1, 1986
Amended Eff. January 1, 1994; November 1, 1991
Transferred and Recodified from 19A NCAC 3D .0822-.0825 Eff. January 3, 1996
Amended Eff. April 30, 1997
Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03E .0523 Reproduction of Forms

History

Status: expired
Authority G.S. 20-378; 20-387
Filed as a Temporary Rule Eff. February 11, 1986 for a period of 120 days to expire on June 11, 1986
Eff. April 1, 1986
Amended Eff. January 1, 1994; November 1, 1991
Transferred and Recodified from 19A NCAC 3D .0822-.0825 Eff. January 3, 1996
Amended Eff. April 30, 1997
Expired Eff. October 1, 2018 pursuant to G.S. 150B-21.3A.

19A NCAC 03E .0524 Violations Declared Unlawful: Criminal Penalties

History

Status: repealed
Filed as a Temporary Rule Eff. February 11, 1986 for a period of 120 days to expire on
June 11, 1986
Authority G.S. 20-378; 20-387
Eff. April 1, 1986
Repealed Eff. January 1, 1994 pursuant to 1991 S.L., c. 477, s. 3
Transferred and Recodified from 19A NCAC 3D .0826 Eff. January 3, 1996.

19A NCAC 03E .0525 Investigation of Motor Carrier Accidents

History

Status: repealed
Filed as a Temporary Rule Eff. February 11, 1986 for a period of 120 days to expire on
June 11, 1986
Authority G.S. 20-378
Eff. April 1, 1986
Repealed Eff. November 1, 1991
Transferred and Recodified from 19A NCAC 3D .0827 Eff. January 3, 1996.

Subchapter F

19A NCAC 03F .0101 Purpose

This Subchapter explains the accident reporting process and establishes rules for the publication of statistics developed from accident reports.

History

Authority G.S. 20-1; 20-3; 20-39; 20-166.1; 20-279.1 through 20-279.39
Eff. July 1, 1978
Amended Eff. November 1, 1991; February 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03F .0102 Forms

History

Status: repealed
Authority G.S. 20-1; 20-3
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. November 1, 1991.

19A NCAC 03F .0103 Driver Accident Report

History

Status: repealed
Authority G.S. 20-1; 20-166.1
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03F .0104 Medical Examiner Auto Fatality Report

History

Status: repealed
Authority G.S. 20-1; 20-166.1
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03F .0105 Forms

History

Status: repealed
Authority G.S. 20-1; 20-166.1
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03F .0201 Traffic Accident Summary

History

Status: repealed
Authority G.S. 20-1; 20-3; 20-39; 20-166.1
Eff. July 1, 1978
Amended Eff. November 1, 1991; February 1, 1982
Repealed Eff. July 1, 2021.

19A NCAC 03F .0202 Fatal Accident Reports

History

Status: repealed
Authority G.S. 20-1; 20-3; 20-39; 20-166.1
Eff. July 1, 1978
Amended Eff. November 1, 1991; February 1, 1982
Repealed Eff. July 1, 2021.

19A NCAC 03F .0203 Special Holiday Reports

History

Status: repealed
Authority G.S. 20-1; 20-3; 20-39; 20-166.1
Eff. July 1, 1978
Amended Eff. November 1, 1991; February 1, 1982
Repealed Eff. July 1, 2021.

19A NCAC 03F .0301 Highway Patrol Activity Reports

History

Status: repealed
Authority G.S. 20-1; 20-3
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. November 1, 1991.

19A NCAC 03F .0302 Fatal Accident Reports

History

Status: repealed
Authority G.S. 20-1; 20-3; 20-166.1
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03F .0303 Special Holiday Reports

History

Status: repealed
Authority G.S. 20-1; 20-3; 20-166.1
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03F .0304 Forms

History

Status: repealed
Authority G.S. 20-1; 20-3; 20-166.1
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03F .0401 Highway Patrol Activity Reports

History

Status: repealed
Authority G.S. 20-1; 20-3
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03F .0402 Forms

History

Status: repealed
Authority G.S. 20-1; 20-3
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03F .0501 Statistical Forms

History

Status: repealed
Authority G.S. 20-1; 20-3
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03F .0502 Accident Reporting Forms

History

Status: repealed
Authority G.S. 20-1; 20-3
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03F .0503 Financial Responsibility Forms

History

Status: repealed
Authority G.S. 20-1; 20-3
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03F .0601 Proof of Financial Responsibility

(a) The Division of Motor Vehicles will furnish to vehicle owners or operators appropriate forms to facilitate compliance with Article 9A, Chapter 20 of the General Statutes of North Carolina, the Motor Vehicle Safety and Financial Responsibility Act of 1953.

(b) Vehicle owners or operators of automobiles involved in an accident may furnish required proof of financial responsibility on documents prescribed by the Division.

History

Authority G.S. 20-39; 20-279.1; 20-279.2; 20-279.3; 20-279.4; 20-279.5; 20-279.6; 20-279.7; 20-279.8; 20-279.9; 20-279.10; 20-279.11; 20-279.12; 20-279.13; 20-279.14; 20 279.15; 20-279.16; 20-279.17; 20-279.18; 20-279.19; 20-279.20; 20-279.21; 20-279.22; 20-279.23; 20-279.24; 20-279.25; 20-279.26; 20-279.27; 20-279.28; 20-279.29; 20-279.30; 20-279.31; 20-279.32; 20-279.33; 20-279.34; 20-279.35; 20-279.36; 20-279.37; 20-279.38; 20-279.39
Eff. November 1, 1991
Amended Eff. December 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03F .0602 Administrative Financial Responsibility Hearings

(a) Any person who has received notice of a driver's license suspension due to an motor vehicle accident for failure to file proof of financial responsibility may request a hearing.

(b) Request for a hearing shall be made in writing to the Division within 15 days from the date shown on the proposed suspension order.

(c) The receipt of a request for hearing shall extend the original effective date of the suspension order for 30 days or until the hearing is held, whichever is later.

(d) The petitioner shall furnish the Division with a statement of the circumstances of the accident in which his or her vehicle was involved, grounds relied upon to exonerate him or her from suspension, and a certified copy of any traffic court judgment related to the accident. This information shall be received at the Division at least five days prior to the date fixed for hearing.

(e) If the hearing officer establishes that liability insurance was in effect on the date of the accident, or that the petitioner has assumed financial responsibility for the damages in the accident, the officer shall rescind the Division's prior notice of revocation.

History

Authority G.S. 20-39; 20-279.2; 20-279.5
Eff. November 1, 1991
Amended Eff. December 1, 1993
Readopted Eff. June 1, 2021.

Subchapter G

19A NCAC 03G .0101 Purpose

This Subchapter deals with various driver education programs designed to improve driving skills and promote traffic safety. Rules for commercial driver training schools and school bus driver certification are also established. The following publications are available from the School Bus and Traffic Safety Section of the Division of Motor Vehicles, 1100 New Bern Avenue, Raleigh, NC 27697:

(1) Rules Governing the Licensing of Commercial Driver Training Schools;

(2) Rules Governing the Issuance and Cancellation of School Bus Driver Certificates;

(3) Schedule of Driver Improvement Clinics.

History

Authority G.S. 20-1; 20-3; 20-7(m); 20-16(c); 20-39(b); 20-88.1; 20-218; 20-320 through 20-328
Eff. July 1, 1978
Amended Eff. December 1, 1993; November 1, 1991; February 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03G .0102 Forms and Publications

All forms and publications pertaining to this Subchapter are on file in the Commissioner's Office and are available for inspection during normal working hours.

History

Authority G.S. 20-1; 20-39(b)
Eff. July 1, 1978
Amended Eff. December 1, 1993; February 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03G .0103 Publications

History

Status: repealed
Authority G.S. 20-1; 20-218
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03G .0201 School Bus Driver Training

History

Status: repealed
Authority G.S. 20-1; 20-218
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. April 1, 1989.

19A NCAC 03G .0202 Requirements for Certification

History

Status: repealed
Authority G.S. 20-1; 20-218
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. April 1, 1989.

19A NCAC 03G .0203 School Bus Driver Certificates - Scope of Rules

The officials of the North Carolina Division of Motor Vehicles recognize the authority of the local school officials of the various county and city administrative units to select, assign, and dismiss school bus drivers. The rules set out in this Section define the eligibility requirements for certification of school bus drivers as established by the Division of Motor Vehicles and set the standards of performance and conduct necessary to retain certification.

History

Authority G.S. 20-39(b); 20-218
Eff. April 1, 1989
Amended Eff. August 1, 2000; December 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03G .0204 Definitions of Words and Phrases

The following words and phrases when used in the rules set out in this Section shall, for the purposes of the rules set out in this Section, have the meanings respectively prescribed to them, except in those instances where the context clearly indicates a different meaning:

(1) Conviction--A conviction upon a plea of guilty, or of nolo contendere; or the determination of guilt by a jury or by a court though no sentence has been imposed or, if imposed, has been suspended, and it includes a forfeiture of bail or collateral deposited to secure appearance in court of the defendant, unless the forfeiture has been vacated, and shall include prayer for judgment continued.

(2) Driver Education Specialist or representative--An employee of the Division of Motor Vehicles whose job title it is and whose primary responsibility is the training and certification of school bus drivers.

(3) Driving Privilege--The privilege to operate a motor vehicle upon the highways of this state as evidenced by a Class A, B, or C driver license issued by the Driver License Section of the North Carolina Division of Motor Vehicles.

(4) Moving violation--Any violation of the motor vehicle laws of this state, except:

(a) Those offenses for which no points may be assessed under the point system specifically set forth in General Statutes 20-16(c);

(b) Those equipment violations specified in Part 9 of Article 3 of Chapter 20 of the General Statutes.

(5) Proximate Cause of an Accident--Any violation of the motor vehicle laws of this state which contributed directly to an accident. Some violations not involving actual physical driving actions shall not be considered proximate causes although they may be assessed points under the point system specifically set forth in General Statutes 20-16(c), including but not limited to:

(a) No driver's license;

(b) No liability insurance;

(d) No motorcycle endorsement; and

(e) Other offenses of a like character not involving some actual physical driving action.

(6) School Bus--Any vehicle, of whatever size and passenger capacity, whose primary and designated purpose is the transportation of school students over an established route to and from school for the regularly scheduled school day and which is equipped with alternately flashing red lights on the front and rear and a mechanical stop signal and which bears the words "School Bus" on the front and rear in letters not less than eight inches in height.

(7) School Bus and Traffic Safety Section--That section of the North Carolina Division of Motor Vehicles whose primary responsibility is the training and certification of school bus drivers.

(8) Training Course for School Bus Drivers--The course of study developed by the North Carolina Division of Motor Vehicles which sets forth the rules and laws governing school bus drivers and school bus operation as prescribed by the Division of Motor Vehicles and the State Board of Education.

History

Authority G.S. 20-39(b); 20-218
Eff. April 1, 1989
Amended Eff. December 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19a NCAC 03G .0205 Issuing of Original Certificate

Any applicant for certification as a school bus driver shall meet the following minimum requirements:

(1) Legal:

(a) Shall be at least 18 years of age with at least six months driving experience as a licensed operator of a motor vehicle, and shall possess a valid North Carolina driver license of Class A, B, or C. In the event a prospective driver shall have his place of residence in another state, he may be certified as a school bus driver if he submits a copy of his driving record from the state in which he is licensed before his initial certification. Also, he must notify both his employer and the N.C. School Bus and Traffic Safety Section within 30 days of a conviction of any moving violation no matter what type of vehicle he was driving.

(b) Shall within a period of one year (12 months) immediately preceding certification have on his driving record:

(i) No more than one conviction of any moving violation;

(ii) No conviction whatever of:

(A) Reckless driving;

(B) Speeding in excess of 15 mph above the posted limit; or

(iii) No conviction of a moving violation which was the proximate cause of an accident.

(c) Shall within a period of two years (24 months) immediately preceding certification have on his driving record no suspension or revocation of the driving privilege other than for such status offenses as:

(i) Lapsed liability insurance;

(ii) Failure to appear in court;

(iii) Failure to comply with out-of-state citation; or

(iv) A 30-day revocation not accompanied by a subsequent conviction of driving while impaired.

(d) Shall within a period of five years (60 months) immediately preceding certification have on his driving record:

(i) No more than three convictions of moving violations of any kind;

(ii) No more than two convictions of moving violations which were the proximate causes of accidents;

(iii) No conviction of driving while impaired;

(iv) No suspension or revocation of the driving privilege other than for:

(A) Those status offenses enumerated in Paragraph (c) of this Rule,

(B) Those offenses enumerated in G.S. 20-16(a), subsections (9) and (10).

(e) Shall have on his driving record no more than one conviction of driving while impaired.

(f) Shall have no "STOP" entry appearing on his driving record at the time of certification.

(g) Shall have no record of any conviction of a violation of the criminal code greater than a misdemeanor for a period of at least five years immediately preceding certification. Further, shall never have had in any jurisdiction a conviction of an offense against the public morals, including but not limited to rape and child molestation.

(h) Shall have a driving record which in its overall character arouses no serious question about the reliability, judgment, or emotional stability of the applicant.

(i) Shall successfully complete the training course for school bus drivers.

(2) Physical Standards for School Bus Drivers. Every school bus driver shall meet the physical standards set forth in The North Carolina Physician's Guide To Driver Medical Evaluation, published in June 1995 by the Division of Epidemiology, North Carolina Department of Health and Human Services, which is available without charge from the School Bus & Traffic Safety Section of the Division of Motor Vehicles including any subsequent amendments and editions.

History

Authority G.S. 20-39(b); 20-218
Eff. April 1, 1989
Amended Eff. August 1, 2000; January 1, 1994
Temporary Amendment Eff. May 18, 2001
Amended Eff. April 1, 2003; August 1, 2002
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03G .0206 Period of Certification

A school bus driver certificate shall expire on the expiration date of the driver's commercial driver license.

History

Authority G.S. 20-39(b); 20-218
Eff. April 1, 1989
Amended Eff. August 1, 2000; August 1, 1991; September 1, 1990
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03G .0207 Renewal of Certification

Every driver must be re-certified at the time of the expiration of his Commercial Driver License upon passing the four written tests (general knowledge, passenger transport, school bus, and air brakes), a pre-trip inspection observation, a driving observation, and an eye screening. A driver shall be exempted from the written tests, provided he has accumulated no more than three points on his driving record since his last certification and has had at least one hour of in-service training for each year since his last certification. A driver whose certification expires may be re-certified within 30 days in the same manner as though his certification had not expired. Any driver whose certification expires for more than 30 days may be re-certified within the next year following the expiration upon passing the four written tests (general knowledge, passenger transport, school bus, and air brakes), the three skills tests (pre-trip inspection, basic skills, and road), and an eye screening. If more than one year has elapsed since the expiration of the most recent certification, the applicant must complete the full training course required of a beginning driver.

History

Authority G.S. 20-39(b); 20-218
Eff. April 1, 1989
Amended Eff. June 1, 2004; August 1, 2000; July 1, 1994; August 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03G .0208 Transfer of Certification

Certification as a school bus driver may be transferred from any part of this State to any other if all records compiled by the School Bus and Traffic Safety Representative in the former district for which the driver drove shall be forwarded to the School Bus and Traffic Safety Representative in the new district.

History

Authority G.S. 20-39(b); 20-218
Eff. April 1, 1989
Readopted Eff. June 1, 2021.

19A NCAC 03G .0209 Cancellation of Certification

(a) The Division of Motor Vehicles shall cancel the school bus driver certificate of any driver for the following reasons:

(1) Any determination that the certificate was issued on the basis of misinformation, false statements, or fraud.

(2) A suspension, revocation, or cancellation of the driver license.

(3) Conviction of any of the following motor vehicle moving offenses:

(A) Driving while impaired;

(B) Passing a stopped school bus;

(D) Careless and reckless driving;

(E) Excessive speeding involving a single charge of speeding more than 15 miles per hour above the posted speed limit;

(F) Two convictions within a period of 12 months;

(G) A violation committed while operating a school bus.

(H) A violation of any State or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with a fatal accident;

(I) Improper or erratic lane changes;

(J) Following the vehicle ahead too closely;

(K) Driving a commercial motor vehicle without obtaining a commercial driver's license;

(L) Driving a commercial motor vehicle without a commercial driver's license in the driver's possession. However, a person shall not be convicted of failing to carry a commercial driver's license if by the date the person is required to appear in court for the violation he or she produces to the court a commercial driver's license that was valid on the date of the offense;

(M) Driving a commercial motor vehicle without the proper class of commercial driver's license or endorsements for the specific vehicle group being operated or for the passenger or type of cargo being transported.

(4) A determination of physical or mental inadequacy under the provisions of the physical requirements noted in Rule .0205 of this Section.

(5) A local cancellation of certification, in the discretion of the local administrative unit, for violation of local regulations, submitted to the Driver Education Specialist for cancellation at the state level. If there is not an offense or conviction that would require a mandatory cancellation by the Section, the Driver Education Specialist shall handle the cancellation locally by canceling the certificate at the garage and retain the pocket card in his files.

(6) A driving record which in its overall character arouses question about the reliability, judgment, or emotional stability of the driver.

(7) Conviction of a violation of G.S. 20-142.1 through 20-142.5 when the driver is operating a commercial motor vehicle. The driver shall be disqualified from driving a commercial motor vehicle as follows:

(A) For a period of 60 days if convicted of a first violation of a railroad grade crossing offense listed in this Subparagraph;

(B) For a period of 120 days if convicted during any three-year period of a second violation of any combination of railroad grade crossing offenses listed in this subparagraph;

(C) For a period of one year if convicted during any three-year period of a third or subsequent violation of any combination of railroad grade crossing offenses listed in this Subparagraph.

(b) Upon recommendation of the Driver Education Specialist or local school officials, the Division of Motor Vehicles shall require re-examination of any certified driver whose qualifications become questionable or who exhibits evidence of improper or unsafe driving practices and driving procedures. If such a re-examination reveals a problem, the Driver Education Specialist shall suspend the certified driver from driving any school bus pending re-training of the driver. If the problem cannot be corrected, the Driver Education Specialist shall cancel the certification of the school bus driver.

History

Authority G.S. 20-39(b); 20-218
Eff. April 1, 1989
Amended Eff. June 1, 2004; August 1, 2000; December 1, 1993; August 1, 1991; September 1, 1990
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03G .0210 Appeal of Cancellation of Certification

Any driver whose certificate is cancelled under Rule .0209(3)(g) of this Section shall have the opportunity to forward an appeal to the director of the School Bus and Traffic Safety Section in Raleigh, stating the special circumstances which the driver feels should be considered in mitigation of the cancellation. The Director of the School Bus and Traffic Safety Section shall appoint such members of an appeals committee as he shall deem appropriate to consider such appeals; and his decision shall be final.

History

Authority G.S. 20-39(b); 20-218
Eff. April 1, 1989
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03G .0211 Suspension for Failure to Appear in Court

A driver who fails to appear in court as scheduled to answer charges shall be suspended pending the actual appearance in court of the driver and the disposition of the case.

History

Authority G.S. 20-39(b); 20-218
Eff. April 1, 1989
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03G .0212 Date of Cancellation

History

Status: repealed
Authority G.S. 20-39(b); 20-218
Eff. April 1, 1989
Amended Eff. December 1, 1993
Repealed Eff. June 1, 2021.

19A NCAC 03G .0213 Renewal of Certification After Cancellation

(a) Any driver whose school bus driver certificate has been canceled shall not be eligible to apply for re-certification for a period of six months from the date of cancellation. Any person so applying must be recommended by a school official and shall be required to complete the full training course required for a beginning driver. Such person must meet all the requirements of an original applicant.

(b) The only exceptions to this policy shall be in the case of a local cancellation, in which a written request from a school official will be required, and in the case of a suspension for the duration of a status offense such as lapsed liability insurance, failure to appear in court, or failure to comply with an out-of-state citation.

(c) For the purposes of this Section a 30-day revocation shall be considered a suspension for a driving action. The driver will remain suspended until the adjudication of the case. If at the adjudication of the case the driver is found not guilty of driving while impaired, he may be re-instated. If the driver is found guilty of driving while impaired, his suspension will be declared effective, and he will not be considered for re-certification for a period of five years following the date of conviction.

History

Authority G.S. 20-39(b); 20-218
Eff. April 1, 1989
Amended Eff. August 1, 2000; August 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03G .0301 Driver Education Permit

The student's vision and physical condition shall be checked by a representative of the Division or medical personnel and the results recorded on the permit. The restricted instruction permit shall be signed by a representative of the Division.

History

Authority G.S. 20-7(m); 20-39
Eff. July 1, 1978
Amended Eff. December 1, 1993; November 1, 1991; February 1, 1982
Readopted Eff. June 1, 2021.

19A NCAC 03G .0302 Commercial School Instructors

History

Status: repealed
Authority G.S. 20-1; 20-320 through 20-328
Eff. July 1, 1978
Repealed Eff. July 2, 1979.

19A NCAC 03G .0303 Exemption

History

Status: repealed
Authority G.S. 20-1; 20-320 through 20-328
Eff. July 1, 1978
Repealed Eff. July 2, 1979.

19A NCAC 03G .0304 Publications

History

Status: repealed
Authority G.S. 20-1; 20-320 through 20-328
Eff. July 1, 1978
Repealed Eff. July 2, 1979.

19A NCAC 03G .0401 Clinics

(a) The School Bus and Traffic Safety Section shall operate driver improvement clinics in various locations across the state. Any volunteer may be allowed to participate in these clinics. Any driver who has been convicted of moving violations may be given an opportunity to attend such a clinic as a part of probationary agreement between him and a hearing officer of the Driver License Section of the Division of Motor Vehicles. A driver may also be assigned to the clinic by any court in any jurisdiction or by any other state's driver licensing agency.

(b) The course shall be the National Safety Council Defensive Driving Course.

(c) Satisfactory attendance shall be judged by the instructor in the clinic with notification to the assigning agency at the close of the clinic.

History

Authority G.S. 20-1; 20-16(c); 20-16(d); 20-16(e); 20-39(b)
Eff. July 1, 1978
Amended Eff. December 1, 1993; November 1, 1991; October 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03G .0402 Information

Dates, locations, and places of clinics are available through the School Bus and Traffic Safety Section and are on file in the Commissioner of Motor Vehicles' Office for inspection and review during normal office hours.

History

Authority G.S. 20-1; 20-16(c), (d), (e); 20-39(b)
Eff. July 1, 1978
Amended Eff. November 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03G .0501 Commercial Driver Training Schools

History

Status: repealed
Authority G.S. 20-1; 20-320 through 20-328
Eff. July 1, 1978
Repealed March 1, 1982.

19A NCAC 03G .0502 Course Content

History

Status: repealed
Authority G.S. 20-1; 20-3
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03G .0601 Driver Education and Safety Program Information

(a) The School Bus and Traffic Safety Section provides a number of driver education programs, safety programs, work books and course materials, safety literature and safety films to interested groups. These materials are available on loan to groups that present the programs on their own or, upon request, a driver education specialist will present the program.

(b) Some of the courses offered are:

(1) defensive driving course (National Safety Council);

(2) presentations on general traffic safety subjects;

(3) school bus passenger safety;

(4) bicycle, mini-bike and pedestrian training;

(5) basic driver education program.

(c) Information concerning course content, scheduling and an index of safety films (approximately 250 titles) is available from:

History

Authority G.S. 20-1; 20-3; 20-39(b)
Eff. July 1, 1978
Amended Eff. November 1, 1991; February 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03G .0602 Information

History

Status: repealed
Authority G.S. 20-1; 20-3
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03G .0701 Driver Education Course

History

Status: repealed
Authority G.S. 20-1; 20-3
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03G .0702 Information

History

Status: repealed
Authority G.S. 20-1; 20-3
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03G .0801 Safety Program Information

History

Status: repealed
Authority G.S. 20-1; 20-3
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03G .0802 Traffic Safety Films

History

Status: repealed
Authority G.S. 20-1; 20-3
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03G .0803 Safety Literature

History

Status: repealed
Authority G.S. 20-1; 20-3
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03G .0901 Traffic Safety Education Forms

History

Status: repealed
Authority G.S. 20-1
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

19A NCAC 03G .0902 Form Availability

History

Status: repealed
Authority G.S. 20-1
Eff. July 1, 1978
Repealed Eff. February 1, 1982.

Subchapter H

19A NCAC 03H .0101 Federal Highway Safety Act

History

Status: repealed
Authority G.S. 143B-360; 147-12; 23 U.S.C. 402; Federal Management Circular 74-4
Federal Management Circular 74-7
Eff. July 1, 1978
Amended Eff. November 1, 1991
Repealed Eff. January 1, 1994 pursuant to 1991 S.L., c. 477, s. 3
Transferred and Recodified to 19A NCAC 5D .0100 Eff. January 1, 1999.

19A NCAC 03H .0102 Highway Safety Standards

History

Status: repealed
Authority G.S. 143B-360; 147-12; 23 U.S.C. 402; Federal Management Circular 74-4
Federal Management Circular 74-7
Eff. July 1, 1978
Amended Eff. November 1, 1991
Repealed Eff. January 1, 1994 pursuant to 1991 S.L., c. 477, s. 3
Transferred and Recodified to 19A NCAC 5D .0100 Eff. January 1, 1999.

19A NCAC 03H .0103 Establishment of a Highway Safety Program

History

Status: repealed
Authority G.S. 143B-360; 147-12; 23 U.S.C. 402; Federal Management Circular 74-4
Federal Management Circular 74-7
Eff. July 1, 1978
Amended Eff. November 1, 1991
Repealed Eff. January 1, 1994 pursuant to 1991 S.L., c. 477, s. 3
Transferred and Recodified to 19A NCAC 5D .0100 Eff. January 1, 1999.

19A NCAC 03H .0104 Grant-in-Aid to State and Local Governments

History

Status: repealed
Authority G.S. 143B-360; 147-12; 23 U.S.C. 402; Federal Management Circular 74-4
Federal Management Circular 74-7
Eff. July 1, 1978
Amended Eff. November 1, 1991
Repealed Eff. January 1, 1994 pursuant to 1991 S.L., c. 477, s. 3
Transferred and Recodified to 19A NCAC 5D .0100 Eff. January 1, 1999.

19A NCAC 03H .0105 Cost Principles Applicable to Grants and Contracts

History

Status: repealed
Authority G.S. 143B-360; 147-12; 23 U.S.C. 402; Federal Management Circular 74-4
Federal Management Circular 74-7
Eff. July 1, 1978
Amended Eff. November 1, 1991
Repealed Eff. January 1, 1994 pursuant to 1991 S.L., c. 477, s. 3
Transferred and Recodified to 19A NCAC 5D .0100 Eff. January 1, 1999.

19A NCAC 03H .0106 Organization

History

Status: repealed
Authority G.S. 143B-360; 147-12; 23 U.S.C. 402; Federal Management Circular 74-4
Federal Management Circular 74-7
Eff. July 1, 1978
Amended Eff. November 1, 1991
Repealed Eff. January 1, 1994 pursuant to 1991 S.L., c. 477, s. 3
Transferred and Recodified to 19A NCAC 5D .0100 Eff. January 1, 1999.

19A NCAC 03H .0201 Application for Highway Safety Project Contract

History

Authority G.S. 136-18(5) and (12); 143B-357; 143B-360
Eff. July 1, 1978
Amended Eff. December 1, 1993; November 1, 1991; February 1, 1982
Transferred and Recodified to19A NCAC 5D .0200 Eff. January 1, 1999.

19A NCAC 03H .0202 Local Government Application for Speed Measuring Device

History

Status: repealed
Authority G.S. 143B-357; 143B-360
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. November 1, 1991
Transferred and Recodified to 19A NCAC 5D .0200 Eff. January 1, 1999.

19A NCAC 03H .0203 Application for Alcohol Breath Testing Device

History

Status: repealed
Authority G.S. 143B-357; 143B-360
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. November 1, 1991
Transferred and Recodified to 19A NCAC 5D .0200 Eff. January 1, 1999.

19A NCAC 03H .0204 Application for Enrollment in Police Training Courses

History

Authority G.S. 136-18(5) and (12); 143B-357; 143B-360
Eff. July 1, 1978
Amended Eff. December 1, 1993; February 1, 1982
Transferred and Recodified to 19A NCAC 5D .0200 Eff. January 1, 1999.

19A NCAC 03H .0205 Quarterly Progress Reports

History

Authority G.S. 136-18(5) and (12); 143B-357; 143B-360
Eff. July 1, 1978
Amended Eff. December 1, 1993; November 1, 1991; February 1, 1982
Transferred and Recodified to 19A NCAC 5D .0200 Eff. January 1, 1999.

19A NCAC 03H .0206 Traffic Enforcement Activity Report

History

Status: repealed
Authority G.S. 143B-360
Eff. July 1, 1978
Repealed Eff. November 1, 1991
Transferred and Recodified to 19A NCAC 5D .0200 Eff. January 1, 1999.

19A NCAC 03H .0207 On Site Project Report

History

Authority G.S. 136-18(5) and (12); 143B-357; 143B-360
Eff. July 1, 1978
Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982
Transferred and Recodified to 19A NCAC 5D .0200 Eff. January 1, 1999.

19A NCAC 03H .0208 Final Accomplishment Report

History

Authority G.S. 136-18(5) and (12); 143B-357; 143B-360
Eff. July 1, 1978
Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982
Transferred and Recodified to 19A NCAC 5D .0200 Eff. January 1, 1999.

19A NCAC 03H .0209 Application for Federal Grant for Ambulance Vehicle

History

Status: repealed
Authority G.S. 143B-360
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. November 1, 1991
Transferred and Recodified to 19A NCAC 5D .0200 Eff. January 1, 1999.

19A NCAC 03H .0210 Application for Federal Grant for Police Vehicle

History

Status: repealed
Authority G.S. 143B-360
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. November 1, 1991
Transferred and Recodified to 19A NCAC 5D .0200 Eff. January 1, 1999.

19A NCAC 03H .0211 Availability of Governor's Highway Safety Program Forms

History

Authority G.S. 136-18(5), (12); 143B-357; 143B-360
Eff. July 1, 1978
Amended Eff. November 1, 1991; February 1, 1982
Transferred and Recodified to 19A NCAC 5D .0200 Eff. January 1, 1999.

19A NCAC 03H .0301 Claim for Reimbursement

History

Authority G.S. 136-18(5) and (12); 143B-357; 143B-360
Eff. July 1, 1978
Amended Eff. December 1, 1993; November 1, 1991; February 1, 1982
Transferred and Recodified to 19A NCAC 5D .0300 Eff. January 1, 1999.

19A NCAC 03H .0302 Supportive Claim

History

Authority G.S. 136-18(5) and (12); 143-129; 143B-357; 143B-360
Eff. July 1, 1978
Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982
Transferred and Recodified to 19A NCAC 5D .0300 Eff. January 1, 1999.

19A NCAC 03H .0303 Request for Reimbursement Audit

History

Authority G.S. 136-18(5) and (12); 143B-357; 143B-360
Eff. July 1, 1978
Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982
Transferred and Recodified to 19A NCAC 5D .0300 Eff. January 1, 1999.

19A NCAC 03H .0401 Verification of Adherence to Purchasing Procedures

History

Authority G.S. 136-18(5) and (12); 143-52; 143-53; 143-53.1; 143-54; 143B-357; 143B-360; 143-129
Eff. July 1, 1978
Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982
Transferred and Recodified to 19A NCAC 5D .0400 Eff. January 1, 1999.

19A NCAC 03H .0402 Nonexpendable Property Accountability Record

History

Authority G.S. 136-18(5) and (12); 143B-357; 143B-360
Eff. July 1, 1978
Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982
Transferred and Recodified to 19A NCAC 5D .0400 Eff. January 1, 1999.

19A NCAC 03H .0403 Disposition of Nonexpendable Equipment

History

Authority G.S. 136-18(5) and (12); 143B-357; 143B-360
Eff. July 1, 1978
Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982
Transferred and Recodified to 19A NCAC 5D .0400 Eff. January 1, 1999.

19A NCAC 03H .0404 Status of Nonexpendable Equipment

History

Authority G.S. 136-18(5) and (12); 143B-357; 143B-360
Eff. July 1, 1978
Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982
Transferred and Recodified to 19A NCAC 5D .0400 Eff. January 1, 1999.

19A NCAC 03H .0501 Police Vehicle Specifications

History

Status: repealed
Authority G.S. 143B-360
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. November 1, 1991
Transferred and Recodified to 19A NCAC 5D .0500 Eff. January 1, 1999.

19A NCAC 03H .0502 Ambulance Specifications

History

Status: repealed
Authority G.S. 143B-360
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. November 1, 1991
Transferred and Recodified to 19A NCAC 5D .0500 Eff. January 1, 1999.

19A NCAC 03H .0503 Standard Van Ambulance Type Ii Specifications

History

Status: repealed
Authority G.S. 143B-360
Eff. July 1, 1978
Repealed Eff. February 1, 1982
Transferred and Recodified to 19A NCAC 5D .0500 Eff. January 1, 1999.

19A NCAC 03H .0504 Ambulance Vehicle Inspection

History

Status: repealed
Authority G.S. 143B-360
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. November 1, 1991
Transferred and Recodified to 19A NCAC 5D .0500 Eff. January 1, 1999.

Subchapter I

19A NCAC 03I .0101 Location of Division of Motor Vehicles

The School Bus and Traffic Safety Section of the North Carolina Division of Motor Vehicles is located at:

1100 New Bern Avenue

Raleigh, North Carolina 27697

All forms required by the rules contained in this Subchapter (hereinafter referred to as "rules") may be obtained at this address.

History

Authority G.S. 20-1; 20-39(b); 20-320 through 20-339
Eff. July 2, 1979
Amended Eff. December 1, 1993; May 1, 1987
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03I .0102 Purpose of Regulations

Article 14, Chapter 20 of the General Statutes of North Carolina provides for the licensing and regulation of commercial driver training schools and instructors. Pursuant to the authority contained in this law, the Commissioner of Motor Vehicles has hereby adopted the regulations contained in this Subchapter concerning the administration and enforcement of that Article. These regulations establish minimum standards for the operation of commercial driver training schools and will be used by the Division of motor vehicles in administering Article 14.

History

Authority G.S. 20-321
Eff. July 2, 1979
Amended Eff. December 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03I .0103 Effective Dates

History

Status: repealed
Authority G.S. 20-321
Eff. July 2, 1979
Repealed Eff. June 1, 1982.

19A NCAC 03I .0104 Definitions

As used in the regulations contained in this Subchapter:

(1) "Commercial Driver Training School Branch Office" or "Branch" is a training facility operated by a commercial driver training school at a location different than the principal place of business, where the education and training of persons, either practical or theoretical, or both, to operate or drive a motor vehicle is carried on and a consideration or tuition is charged therefor.

(2) "Hearing Officer" means an officer or employee of the Division appointed by the commissioner, who has a minimum of five years of experience as a supervisor and thorough knowledge of the laws and regulations governing the Division.

(3) "Representative" means a duly authorized employee of the Division of Motor Vehicles.

(4) "Restricted Commercial Driver Training School" means a commercial driver training school which is restricted to a curriculum of evaluation for licensed adult drivers only.

History

Authority G.S. 20-4.01; 20-320; 20-321
Eff. July 2, 1979
Amended Eff. December 1, 1993; May 1, 1987; June 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03I .0201 Requirements

The Division shall not issue a commercial driver training school license to any individual, partnership, group, association or corporation unless:

(1) The individual, partnership, group, association or corporation has at least one motor vehicle registered or leased in the name of the school, which vehicle has been inspected by a representative of the Division and vehicle insurance certified as required by this Subchapter for use by the school for driver training purposes and driver instruction.

(2) The individual, partnership, group, association, or corporation has at least one person licensed by the Division as a commercial driver training instructor for that school.

(3) Each manager, owner-operator, or instructor of a commercial driver training school or branch shall:

(a) be of good moral character;

(b) have at least four years of experience as a licensed operator of a motor vehicle;

(c) not have been convicted of a felony or convicted of a misdemeanor involving moral turpitude in the ten years immediately preceding the date of application; and

(d) not have had a revocation or suspension of his Class A, B or C license in the two years immediately preceding the date of application.

History

Authority G.S. 20-322
Eff. July 2, 1979
Amended Eff. December 1, 1993; April 1, 1989; May 1, 1987; June 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03I .0202 Original Application

Each original application for a commercial driver training school license shall consist of the following:

(1) Application for license;

(2) Personal history statement (Form SBTS-601, available from the School Bus and Traffic Safety Section) of owner-operator or manager;

(3) Proposed plan of operation;

(4) Proof of liability insurance;

(5) Sample copies of contracts;

(6) A check or money order in the amount of eighty dollars ($80.00). This fee is due for both original and renewal applications for license;

(7) Certificate of assumed name;

(8) Surety Bond;

(9) A report from the appropriate government agency indicating that the location or locations meet fire safety standards;

(10) A copy of the deed, lease, or other legal instruments authorizing the school to occupy such locations;

(11) List of fees for all services offered by the school;

(12) A copy of lease agreement if leasing vehicles; and

(13) A copy of the business insurance covering injury to a student.

History

Authority G.S. 20-322; 20-323
Eff. July 2, 1979
Amended Eff. April 1, 1999; July 1, 1994; December 1, 1993; September 1, 1990; April 1, 1989
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03I .0203 Renewal Applications

Renewal applications shall be made every two years. All licenses expire on the anniversary date, and no school is permitted to operate with an expired license. However, applications for renewal may be accepted for up to 30 days from the date of expiration. Any license expired for more than 30 days shall be deemed permanently lapsed; and renewal of such license must be by the same process as required for an entirely new school, with all forms and certifications being required.

History

Authority G.S. 20-322; 20-324; 20-325
Eff. July 2, 1979
Amended April 1, 1999; June 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03I .0204 Duplicate Copies

All applications, either original or renewal, for a commercial driver training school or branch shall be completed in duplicate. The original copy of each form shall be submitted to the School Bus and Traffic Safety Section of the Division of Motor Vehicles at the address specified in Rule .0101 of this Subchapter. A copy of each form shall be filed at the place of business.

History

Authority G.S. 20-322 through 20-324
Eff. July 2, 1979
Amended Eff. May 1, 1987
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03I .0205 Changes in Application Information

The Division must be notified in writing within 10 days of any changes in the officers, directors, owners, or manager of any school or branch. The Division must also be informed within 10 days of the addition or deletion of any motor vehicles, and a supplemental schedule of motor vehicles must be filed. (Supplemental motor vehicle schedules shall be accompanied by a properly executed insurance certificate.) If the school has a change in ownership, the new owner must file an original application with the Division as described in Rule .0202 of this Section and be approved by the Division before beginning operation of the school under the new ownership. Failure to inform the Division of the required changes shall be grounds for suspension or revocation of the license.

History

Authority G.S. 20-322 through 20-324
Eff. July 2, 1979
Amended Eff. May 1, 1987
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03I .0206 License Fees

History

Status: repealed
Authority G.S. 20-324
Eff. July 2, 1979
Amended Eff. June 1, 1982
Repealed Eff. May 1, 1987.

19A NCAC 03I .0207 Branch Offices

Any school desiring to open a branch shall make application for such branch on forms furnished by the Division in the same manner and to the same extent as for an original license. A commercial driver training school may operate a branch office anywhere in the state provided the branch meets all the requirements of the principal place of business.

History

Authority G.S. 20-322; 20-323; 20-324
Eff. July 2, 1979
Amended Eff. August 1, 2000
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03I .0208 Surrender of Licenses

Any licensed commercial driver training school or branch which ceases to carry on the business of giving instruction for hire in the driving of motor vehicles or which has a change of ownership shall, within five days, surrender its commercial driver training school license and all instructor licenses issued to driver training instructors employed by the school.

History

Authority G.S. 20-322 through 20-325
Eff. July 2, 1979
Amended Eff. May 1, 1987
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03I .0209 License Required

No school or branch shall operate, advertise for business or collect monies without the proper license in hand as set forth in this Subchapter.

History

Authority G.S. 20-322
Eff. July 2, 1979
Amended Eff. December 1, 1993; September 1, 1990
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03I .0210 License Fees

History

Status: repealed
Authority G.S. 20-324
Eff. February 1, 1988
Repealed Eff. December 1, 1993.

19A NCAC 03I .0301 General Provisions

Every school shall maintain a business office open to the public in a permanent-type building. Schools or branches may not be located within or adjacent to a building in which applications for driver licenses are received by the Division; and no business may be solicited on property occupied by or adjacent to a building in which applications for driver's licenses are received by the Division.

History

Authority G.S. 20-320; 20-321; 20-322; 20-323; 20-324
Eff. July 2, 1979
Amended Eff. August 1, 2000; June 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03I .0302 Office

The office shall be the principal place of business, and must be sufficient for conducting all business related to the operation of the school including, but not limited to:

(1) facilities for conducting personal interviews;

(2) storage of all records required for the operation of the school;

(3) secretarial or telephone answering service available for a minimum of six hours between 9:00 a.m. and 5:00 p.m. on normal business days;

(4) a copy of North Carolina Motor Vehicle Laws Chapter 20 of the General Statutes; and

(5) if located in conjunction with classroom facilities, office must be separated by a physical barrier.

History

Authority G.S. 20-321; 20-322; 20-323; 20-324
Eff. July 2, 1979
Amended Eff. August 1, 2000; December 1, 1993; November 1, 1991; June 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03I .0303 Classroom Facility

In order for a commercial driving school to obtain and maintain a license, the school shall conduct classwork in a facility approved by the Division of Motor Vehicles. The classroom facility shall meet the following requirements:

(1) not less than 120 square feet, which includes at least 70 square feet for the instructor and his or her equipment and 12 square feet for each student;

(2) lighting, heating, and ventilation systems that are in compliance with all State and local laws and ordinances including zoning, public health, safety, and sanitation;

(3) seats and writing surfaces for all students; presentations visible from all seats; charts, diagrams, mock-ups, and pictures relating to the operation of motor vehicles, traffic laws, physical forces, and correct driving procedures; a copy of the Driver's Handbook published by the Division for each student; lesson materials to reflect current motor vehicle laws for each student; and

(4) restroom facilities for the class size.

History

Authority G.S. 20-322
Eff. July 2, 1979
Amended Eff. December 1, 1993; November 1, 1991; April 1, 1989; June 1, 1982
Readopted Eff. June 1, 2021.

19A NCAC 03I .0304 Branches

History

Status: repealed
Authority G.S. 20-322 through 20-324
Eff. July 2, 1979
Repealed Eff. May 1, 1987.

19A NCAC 03I .0305 Display of Licenses

Every school and branch must have displayed in a prominent place in its office licenses issued to it by the Division, a list of all instructors, and a list of fees for all services offered by the school or branch.

History

Authority G.S. 20-322 through 20-324
Eff. July 2, 1979
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03I .0306 Inspections

The Division shall make periodic inspections (at least annually) of schools and branches to determine compliance with laws. The inspection shall be made during regular business hours by authorized representatives of the Division. Inspections shall include examination of all school records; contracts; classroom facilities; training devices; instructional materials and instructional methods; vehicles; and any other item required by law or regulation. Each owner, partner, associate, corporate officer, or employee of any commercial driver training school shall cooperate with the Division's representative and, upon demand, shall exhibit all records, instructional aids and equipment, and any other items which are required for the inspection. Refusal to permit inspections shall be grounds for revocation of the license. Records shall be retained by the school for a period of three years.

History

Authority G.S. 20-321 through 20-324
Eff. July 2, 1979
Amended Eff. December 1, 1993; May 1, 1987; June 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03I .0307 Courses of Instruction

Commercial driver training schools shall teach the following courses:

(1) For persons 18 years of age or older, a course as follows:

(a) Classroom Instruction. A minimum of six hours, including rules of the road and other laws affecting the operation of motor vehicles, safe driving practices, pedestrian safety, and the general responsibilities of the driver. No class shall consist of more than 50 students. Classroom work shall be limited to no more than six hours per day.

(b) Behind-the-Wheel Instruction. A minimum of six hours, including instruction and practice in all the basic physical skills necessary for proper control of a motor vehicle in all normal driving situations, such as starting, stopping, steering and turning, controlling the vehicle in traffic, backing, and parking. A valid learner's permit issued by the Driver License Section of the Division is required.

(c) A person holding a valid learner's permit issued by the Driver License Section of the Division shall not be required to take the six hours of classroom instruction set forth in Sub-item (1)(a) of this Rule.

(d) A person holding a valid learner's permit or driver's license issued by the Driver License Section of the Division may contract for any portion of the six-hour behind-the-wheel instruction.

(2) For licensed persons, a course for purposes of driver improvement, such as improving their knowledge and skill in the operation of a motor vehicle.

(3) For unlicensed persons under the age of 18 years, courses shall be governed by G.S. 115C-215 and Rule 16 NCAC 06E .0301.

(4) For licensed persons taking a course offered by a restricted commercial driver training school, the following courses are authorized:

(a) Curriculum for evaluation and improvement for licensed adult drivers only, utilizing over-the-road observation in vehicles not owned by the school or equipment such as driving simulators.

(b) Professional curricula, including one or more of the following:

(i) police pursuit driving;

(ii) auto-cross driving;

(iii) emergency-vehicle driving; or

(iv) road and track racing.

(5) Instructor training program, the requirements for which are:

(a) The school must be licensed for one full year prior to approval.

(b) All work must be with an instructor licensed as an Instructor Trainer.

(i) instruction in:

(A) using effective teaching methods,

(B) writing lesson plans,

(D) using audio visual equipment and teaching aids,

(E) filling out all commercial school forms, and

(ii) listing names of instructor trainers to be employed for the training program.

History

Authority G.S. 20-321; 20-322; 20-323; 20-324
Eff. July 2, 1979
Amended Eff. August 1, 2000; July 1, 1994; December 1, 1993; November 1, 1991; April 1, 1989
Readopted Eff. July 1, 2021.

19A NCAC 03I .0308 Branches

A branch shall meet all requirements of a principal place of business including those listed in Rules .0302 and .0303 of this Section.

History

Authority G.S. 20-322 through 20-324
Eff. February 1, 1988
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03I .0401 Vehicle Equipment

Behind-the-wheel instruction of students in commercial driver training schools shall be conducted in motor vehicles owned or leased by the school. All vehicles used for the purpose of demonstration and practice shall:

(1) be equipped with:

(a) dual controls on the foot brake;

(b) dual controls on the clutch, if the vehicle is equipped with a clutch and manual transmission;

(c) seatbelts for both the instructor and the students which shall be worn by the instructor and students while the vehicle is being used for instructional purposes;

(d) an outside rearview mirror mounted on the right side of the vehicle;

(e) a heater and defroster in working condition;

(f) all other equipment required by Chapter 20 of the North Carolina General Statutes;

(g) cushions for short drivers;

(h) seat adjustments which allow the seat to move easily and smoothly and to be secured;

(i) door locks which operate and have no sharp knobs;

(2) bear a conspicuously displayed sign with wording to alert the general public of a "Student Driver," name and phone number of commercial driver education school, or school system, with whom the contract is established. The required wording must be visible from both the front and rear of the vehicle.

History

Authority G.S. 20-321; 20-322; 20-323; 20-324
Eff. July 2, 1979
Amended Eff. August 1, 2000; December 1, 1993; September 1, 1990; February 1, 1983
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03I .0402 Registration: Insurance: Inspection

(a) Each vehicle used by the school shall be insured by a company licensed to do business in North Carolina against liability in the amount of at least fifty thousand dollars ($50,000) because of injury to or destruction of property of others in any one accident, one hundred thousand dollars ($100,000) because of bodily injury to or death of one person in any one accident, and three hundred thousand dollars ($300,000) because of bodily injury to or death of two or more persons in any one accident. This insurance coverage shall be secured on an annual basis. In the event coverage for any vehicle used for driver instruction or training shall not be renewed, the school shall give written notice to the Division at least 10 days prior to the expiration date of the coverage. A certificate of insurance coverage shall be filed by the insurance underwriter with the Division. Cancellation shall be accomplished upon 15 days prior written notice to the Division by the insurance underwriter.

(b) Each vehicle used by a school shall be listed and inspected in the manner prescribed by Rule .0401 of this Section. Each vehicle shall be inspected and approved by a representative of the Division before it is used and then annually.

History

Authority G.S. 20-321; 20-322
Eff. July 2, 1979
Amended Eff. August 1, 2000; May 1, 1987
Readopted Eff. June 1, 2021.

19A NCAC 03I .0403 Exemption and Special Requirement

Restricted commercial driver training schools shall be exempt from the equipment requirements of Rule .0401 of this Section. All vehicles used in the instructional program shall meet the equipment requirements of Chapter 20 of the North Carolina General Statutes.

History

Authority G.S. 20-322 through 20-324
Eff. July 2, 1979
Amended Eff. May 1, 1987
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03I .0501 Requirements

(a) Each instructor of a commercial driver training school or branch shall:

(1) have four years or more of experience as a licensed operator of a motor vehicle;

(2) not be denied on the basis of criminal record in accordance with if they have been convicted of a felony in the 10 years preceding the date of application;

(3) not have had a revocation or suspension of his driver's license in the five years preceding the date of application;

(4) have graduated from high school or hold a high school equivalency certificate;

(5) not have had convictions for moving violations totaling five or more points in the three years preceding the date of application;

(6) have completed the 80-contact-hour, community-college course for driver education teachers; an equivalent course approved by the Commissioner, or an Instructor Training Program conducted by an licensed Commercial Driver Training School within four years prior to application;

(7) complete the written test administered by a School Bus and Traffic Safety representative; (Allowed only one retest)

(8) complete the Miller Road Test given by a School Bus and Traffic Safety representative; (Allowed only one retest)

(9) be issued an instructor's learning permit, valid for a three month probationary period;

(10) submit a criminal background check from the Clerk of Court for each county of residence for the past 10 years;

(11) be observed, evaluated, and recommended by a School Bus and Traffic Safety representative within the three month probationary period; and

(12) be exempt from the 80-contact-hour basic course, Miller Road Test, and the probationary period if the applicant is an accredited driver education teacher with a current certificate based on the requirements of the State Board of Education and if he or she completes the written Commercial Driver Education exam with a score of 80 or above, and if the test is administered by a School Bus and Traffic Safety representative. The applicant is allowed only one retest.

(b) An applicant will be issued an instructor's learner's permit which will be valid for three months. To be eligible for an instructor's learner's permit, the applicant shall meet requirements in Subparagraphs (a)(1) through (10) of this Rule and shall:

(1) submit an Instructor Application with a sixteen dollar ($16.00) application fee, copy of high school diploma or high school equivalency certificate, and physical examination form;

(2) conduct two hours of classroom instruction within the three-month probationary period, while being observed and evaluated by a School Bus and Traffic Safety representative, if the instructor wants to be licensed as a classroom instructor;

(3) conduct two hours of behind the wheel instruction within the three-month probationary period, while being observed and evaluated by a School Bus and Traffic Safety representative, if the instructor wants to be licensed for behind the wheel instruction;

(4) be recommended by a School Bus and Traffic Safety representative to receive an instructor's license;

(5) be exempt from Subparagraphs (b)(2), (3), and (4) of this Rule if the applicant is an accredited driver education teacher with a current certificate based on the requirements of the State Board of Education.

(c) An instructor at an approved commercial driver training school may apply for an Instructor Trainer license. The Instructor Trainer shall:

(1) have five consecutive years as an active licensed instructor;

(2) submit an application for Instructor Trainer License;

(3) complete two hours of classroom observation by a School Bus and Traffic Safety representative while training instructors, not driver education students;

(4) complete two hours of behind-the-wheel observation by a School Bus and Traffic Safety representative while training instructors, not driver education students;

(5) complete the written test administered by a School Bus and Traffic Safety Representative; (Allowed only one retest)

(6) complete the Miller Road Test given by a School Bus and Traffic Safety Representative; (Allowed only one retest)

(7) be recommended by a School Bus and Traffic Safety representative; and

(8) shall renew instructor trainer license every other year, in conjunction with school renewal.

(d) Each application for a commercial driver training instructor shall consist of:

(1) SBTS-612 (application for instructor license) shall be completed and signed by the applicant;

(2) SBTS-602 (physical exam report) shall be completed and signed by a licensed physician;

(3) satisfactory evidence of high school graduation or equivalency;

(4) evidence of completion of NCDMV 80-hour basic driver education instructor course or equivalent;

(5) a driver license record check for the previous three years if applicant has other than a North Carolina driver license or local background check for all counties they have resided in for the last 10 years for North Carolina residents; or

(6) a check or money order in the amount of sixteen dollars ($16.00).

History

Authority G.S. 20-33; 20-322; 20-323; 20-324
Eff. July 2, 1979
Amended Eff. August 1, 2000; April 1, 1999; August 1, 1994; December 1, 1993; November 1, 1991; September 1, 1990
Readopted Eff. June 1, 2021.

19A NCAC 03I .0502 Original Application

Each original application for a commercial driver training instructor license shall consist of:

(1) a combination application and personal history form which must be completed and signed by the applicant;

(2) a physical examination report completed and signed by a licensed physician;

(3) satisfactory evidence of high school graduation or equivalency;

(4) evidence of completion of an approved driver education course;

(5) a driver license record check for the previous three years if applicant has other than a North Carolina driver license; and

(6) a check or money order in the amount of sixteen dollars ($16.00).

History

Authority G.S. 20-322; 20-323; 20-324
Eff. July 2, 1979
Amended Eff. April 1, 1999; May 1, 1987; June 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03I .0503 Renewal Application

(a) Renewal application shall be made by an instructor every two years. All licenses expire on the school's anniversary date, and no instructor is permitted to operate with an expired license. However, applications for renewal may be accepted for up to 30 days from the date of expiration. Any license expired for more than 30 days shall be deemed permanently lapsed; and renewal of such license must be by the same process as required for an entirely new license, with all forms and certifications being required.

(b) At least once every four years, an instructor must take the two-semester-hour college credit course required for the original license; provided, however, that an equivalent number of hours (64) may be substituted for this course in the following manner:

(1) 16 hours (four for each full year of the four years) for active and continuing teaching of driver education;

(2) 48 or more hours for attendance at teacher training workshops and short courses, professional driver training meetings and conferences in the field of driver education which have been approved in advance by the School Bus and Traffic Safety Section. Approval is to be given in the following manner:

(A) re-Course (submit for approval):

(i) name and address of agency sponsoring the workshop, course or conference;

(ii) title, dates, and location of the workshop, course, or conference;

(iii) brief description of the workshop, course, or conference, including the number of hours;

(B) Post-Course (submit for approval and credit):

(i) proof of attendance, number of contact hours actually attended, and passing grade (if applicable);

(ii) brief evaluation of the workshop, course, or conference.

(c) An accredited driver education teacher with a current certificate based on the requirements of the Department of Public Instruction is exempted from the requirements of Paragraph (b) of this Rule.

History

Authority G.S. 20-322; 20-323; 20-324; 20-325
Eff. July 2, 1979
Amended Eff. April 1, 1999; July 1, 1994; May 1, 1987; June 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03I .0504 Duplicate Copies

All applications, either original or renewal, for a commercial driver training instructor license shall be completed in duplicate. The original copy of each form shall be submitted to the School Bus and Traffic Safety Section of the Division of Motor Vehicles. A copy of each form shall be filed at the place of business.

History

Authority G.S. 20-322 through 20-324
Eff. July 2, 1979
Amended Eff. June 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03I .0505 Confidentiality

History

Status: repealed
Authority G.S. 20-320 through 20-328
Eff. July 2, 1979
Repealed Eff. January 1, 1994.

19A NCAC 03I .0506 License Fees

History

Status: repealed
Authority G.S. 20-324
Eff. July 2, 1979
Amended Eff. June 1, 1982
Repealed Eff. December 1, 1993.

19A NCAC 03I .0507 Surrender of Licenses

Any licensed commercial driver training instructor who ceases to give instruction for hire in the driving of motor vehicles for the school for which he is licensed shall surrender his instructor's license within five days. The owner, partner, or chief corporate officer of the school shall be responsible for the return of the instructor's license to the Division on termination of employment of any instructor.

History

Authority G.S. 20-322 through 20-325
Eff. July 2, 1979
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03I .0508 License Required

History

Status: repealed
Authority G.S. 20-323
Eff. July 2, 1979
Repealed Eff. December 1, 1993.

19A NCAC 03I .0601 Requirements

(a) Commercial driver training school contracts with individual students, public schools, or private schools shall contain (but are not limited to) the following information:

(1) the agreed total contract charges and full terms of payment thereof;

(2) the number, nature, time and extent of lessons contracted for, including:

(A) classroom instruction:

(i) rate per hour;

(ii) date and time of first lesson and each subsequent lesson, the length of each lesson, and the total number of hours;

(iii) type of instruction;

(iv) a limit of fifty students and no more than three hours of classroom work per day on school days and six hours per day on non-school days for unlicensed individuals under the age of eighteen.

(B) behind-the-wheel instruction:

(i) rate per hour;

(ii) date and time of first lesson and each subsequent lesson, the length of each lesson, and the total number of hours;

(iii) nature of lessons, whether individual or group. An instructor may not provide behind-the-wheel training to more than three individual students.

(iv) rate for use of school vehicle for a driver's license road test, if an extra charge is made;

(3) a statement which reads substantially as follows: "This agreement constitutes the entire contract between the school and the student, and any verbal assurances or promises not contained herein shall bind neither the school nor the student."

(4) a statement which reads as follows: "This school is licensed by the State of North Carolina, Division of Motor Vehicles."

(5) a statement which reads as follows: "Under this agreement an instructor may not provide behind-the-wheel training to more than three individual students."

(b) If either the school or the instructor fails to comply with the provisions of any contract or agreement between the school and the student, the school shall refund, on a pro rata basis, all monies collected from the student as consideration for the performance of the contract or the agreement.

History

Authority G.S. 20-322 through 20-324
Eff. July 2, 1979
Amended Eff. August 1, 2000; July 1, 1994; December 1, 1993; May 1, 1987; June 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03I .0602 Prohibited Contract Provisions

Commercial driver training school contracts shall not contain the following:

(1) the statement "no refund" or its equivalent. The contract may, however, contain a statement that "The school will not refund any tuition monies or any part thereof when actual services have been rendered";

(2) any statement to the effect that a driver's license is guaranteed or otherwise promised as a result of the driver's license training course.

History

Authority G.S. 20-322 through 20-324
Eff. July 2, 1979
Amended Eff. July 1, 1994
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03I .0603 Filing of Contract with the Division

The commercial driver training school shall file with the Division sample copies of all written contracts and agreements at the time of the original application and also at any time thereafter when alterations to contracts are proposed.

History

Authority G.S. 20-322 through 20-324
Eff. July 2, 1979
Amended Eff. June 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03I .0701 Bonds

Prior to license approval, a school shall file with the Division a continuous "cash" or "surety" bond written by a company licensed to do business in North Carolina in the amount of twenty thousand dollars ($20,000) to indemnify any student against loss or damage arising out of the school's breach of contract between the school and the student (Form SBTS-606).

History

Authority G.S. 20-324; 20-322; 20-323; 20-324
Eff. July 2, 1979
Amended Eff. August 1, 2000; July 1, 1994; May 1, 1987; July 1, 1983
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03I .0702 Certificate of Deposit

A certificate of deposit may be executed and filed in lieu of a bond (Form SBTS-607). The certificate shall be in the principal sum of the bond it stands in lieu of as provided in Rule .0701 of this Section.

History

Authority G.S. 20-322 through 20-324
Eff. July 2, 1979
Amended Eff. December 1, 1993; May 1, 1987; June 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03I .0703 Advertising

A commercial driver training school may advertise by whatever method it sees fit with the following exceptions:

(1) The address of a telephone-answering service, when it is not the same as the principal place of business of the school, shall not be shown in any medium of advertising or telephone directory. Nor shall any telephone directory listing or yellow page advertisement show a telephone number for a school unless it also shows a valid address, including the city, for the principal place of business of the school.

(2) No advertisement shall indicate in any way that a school can or will issue or guarantee the issuance of a driver's license or imply that preferential or advantageous treatment from the Division can be obtained.

(3) A school may state in an advertisement that it has been approved and licensed by the Division.

History

Authority G.S. 20-322 through 20-324
Eff. July 2, 1979
Amended Eff. July 1, 1994; June 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03I .0801 Grounds for Revocation or Suspension

The license of any commercial driver training school may be suspended or revoked by the Division if the licensee violates any provision of Article 14, Chapter 20 of the North Carolina General Statutes, or if the licensee violates any rule adopted pursuant to that article. In addition, a license may be suspended or revoked for any one of the following reasons:

(1) conviction of the owner, manager, or any agent or employee of the school of a felony or any misdemeanor involving moral turpitude;

(2) knowingly submitting to the Division false or misleading information relating to eligibility for a license;

(3) evidence of substance abuse by the owner, manager, any agent or employee of the school;

(4) failure or refusal to permit an authorized representative of the Division to inspect the school, equipment, records, or motor vehicles used to teach students; or failure or refusal to furnish full information pertaining to any and all requirements set forth in these regulations or in the application for the license;

(5) failure to maintain adequate standards of instruction, such as but not limited to, either through lack of qualified instructors or through lack of equipment sufficient to adequately perform the course of instruction;

(6) employment of any instructor who is not licensed by the Division;

(7) failure of new owner to apply for and be licensed by the Division as a school under new ownership and also failure to notify the Division within the specified time of any change in management of the school;

(8) aiding or assisting any person to obtain a driver's license by fraud (revocation in this instance shall be permanent);

(9) unauthorized possession of application forms or examinations used by the Division to determine the qualification of an applicant for a driver's license.

History

Authority G.S. 20-231; 20-325
Eff. July 2, 1979
Amended Eff. December 1, 1993; April 1, 1989; May 1, 1987
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03I .0802 Instructor License Suspension or Revocation

In addition to the grounds for revocation listed in Rule .0801 of this Section, the license of any commercial driver training instructor shall be revoked if his driver's license is suspended or revoked of if he accumulates seven or more points, as a result of being convicted of moving violations, in a 12 month period. Reinstatement of the commercial driver training instructor's license shall follow the same procedure as an application for a new license.

History

Authority G.S. 20-231; 20-325
Eff. July 2, 1979
Amended Eff. December 1, 1993; June 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03I .0803 Revocation or Suspension Procedure

If any school or instructor is alleged to be in violation of any provision of Article 14, G.S. Chapter 20 or of any provision of these Regulations, the school or instructor shall be notified by certified or registered mail of the suspension or revocation. The notification shall set forth the details of the alleged violation which forms the basis for the action. The school (through its owner, partner, or corporate officer) or any instructor, may request in writing a hearing. This request must be made within 30 days of receipt of the certified or registered letter. The hearing shall be heard by an officer designated by the Commissioner and the school or instructor may be represented by counsel. Upon completion of the hearing, the Division shall notify the school or instructor within 30 days of the decision of the hearing officer. This decision may be appealed as provided by G.S. 150B.

History

Authority G.S. 20-231; 20-325
Eff. July 2, 1979
Amended Eff. December 1, 1993; February 1, 1988; May 1, 1987; June 1, 1982
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03I .0804 Probationary Period

If any school or instructor is found to be in violation of any provision of G.S. 20 Article 14, or any provision of these Rules, the school or instructor may be placed on probation. The length of the probationary period may not exceed one year. The probationary period shall be determined by the Commissioner or the Commissioner's authorized representative. The request by a school or an instructor for a hearing shall follow the same procedure as listed in Rule .0803 of this Section.

History

Authority G.S. 20-321; 20-322; 20-323; 20-325
Eff. August 1, 2000
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03I .0901 Purpose

History

Status: repealed
Authority G.S. 20-320 through 20-328
Eff. July 1, 1983
Amended Eff. November 1, 1984; February 1, 1984
Repealed Eff. May 1, 1987.

19A NCAC 03I .0902 Definitions

History

Status: repealed
Authority G.S. 20-320 through 20-328
Eff. July 1, 1983
Amended Eff. November 1, 1984; February 1, 1984
Repealed Eff. May 1, 1987.

19A NCAC 03I .0903 Contracts

History

Status: repealed
Authority G.S. 20-320 through 20-328
Eff. July 1, 1983
Amended Eff. November 1, 1984; February 1, 1984
Repealed Eff. May 1, 1987.

19A NCAC 03I .0904 Cancellation and Refund Procedures

History

Status: repealed
Authority G.S. 20-320 through 20-328
Eff. July 1, 1983
Amended Eff. November 1, 1984; February 1, 1984
Repealed Eff. May 1, 1987.

19A NCAC 03I .0905 Course of Instruction

History

Status: repealed
Authority G.S. 20-320 through 20-328
Eff. July 1, 1983
Amended Eff. November 1, 1984; February 1, 1984
Repealed Eff. May 1, 1987.

19A NCAC 03I .0906 Student Requirements

History

Status: repealed
Authority G.S. 20-320 through 20-328
Eff. July 1, 1983
Amended Eff. November 1, 1984; February 1, 1984
Repealed Eff. May 1, 1987.

19A NCAC 03I .0907 Reports to Be Submitted

History

Status: repealed
Authority G.S. 20-320 through 20-328
Eff. July 1, 1983
Amended Eff. November 1, 1984; February 1, 1984
Repealed Eff. May 1, 1987.

19A NCAC 03I .0908 Advertising

History

Status: repealed
Authority G.S. 20-320 through 20-328
Eff. July 1, 1983
Amended Eff. November 1, 1984; February 1, 1984
Repealed Eff. May 1, 1987.

19A NCAC 03I .0909 Miscellaneous

History

Status: repealed
Authority G.S. 20-320 through 20-328
Eff. July 1, 1983
Amended Eff. November 1, 1984; February 1, 1984
Repealed Eff. May 1, 1987.

Subchapter J

19a NCAC 03J .0101 Purpose of Regulations

Article 14, Chapter 20 of the General Statutes of North Carolina provides for the licensing and regulation of commercial driver training schools and instructors. Pursuant to the authority contained in this law, the Commissioner of Motor Vehicles has hereby adopted the rules in this Subchapter concerning the administration and enforcement of that Article. These Rules establish minimum standards for the operation of commercial driver training schools and will be used by the Division of Motor Vehicles in administering Article 14.

History

Authority G.S. 20-320; 20-321; 20-322; 20-323; 20-324; 20-325; 20-326; 20-327; 20-328
Eff. May 1, 1987
Amended Eff. August 1, 2002; January 1, 1994
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03J .0102 Definitions

For the purpose of this Subchapter, the following definitions shall apply:

(1) "Actively Enrolled" means any student who is neither a graduate nor has failed to complete his or her course.

(2) "Base Period" means a six-month period from January 1 through June 30 or from July 1 through December 31.

(3) "Constructive Notice" means a student's notice of intention to withdraw from a course by failing to attend residence instructional facilities for a period of three consecutive days on which that class meets.

(4) "Cooling off Period" means five days from the time the student is given or mailed a signed copy of his completed contract.

(5) "Enrollment contract" means any agreement or instrument, however named, which creates or evidences an obligation binding a student to purchase a course from a school.

(6) "Fail to Complete" means any student who does not fully complete the required 160 hours of the lessons or classes required by the Division as constituting the full course of study and who cancels by any of the methods prescribed.

(7) "Field Training" means off-road training in and around the truck. Refer to Rule .0306(2)(b), (c), (e), and (i) of Section .0300.

(8) "Foreign Commercial Driver Training School" means an enterprise located outside North Carolina which solicits, advertises, or offers commercial motor vehicle driver training to residents of North Carolina.

(9) "General Job or Earnings Claim" means any express claim or representation concerning the general conditions or employment demand in any employment market now or at any time in the future or the amount of salary or earnings generally available to persons employed in any occupation.

(10) "Graduate" means any student who fully completes the required 160 hours of the lessons or classes required by the Division and discharges any other requirements or obligations established by the school as prerequisites for completing the full course of study.

(11) "Job or Earnings Claim" means any general or specific job or earnings claim.

(12) "Media Advertisement" means any advertisement disseminated to the public by means of print or broadcast media, including newspapers, magazines, radio, television, posters, or any other means. It does not include promotional materials that are available from a school or distributed by its sales representatives.

(13) "Most Recent Base Period" means the latest base period.

(14) "New Course" means any course which has a substantially different course content and occupational objective from any course previously offered by the school and which has been offered for a period of time less than six months.

(15) "Prospective Student" means any person who seeks to enroll in a course.

(16) "Recruiter/Salesman" means any person who is employed by a commercial truck driver training school, directly or indirectly, to recruit students for a school. This definition includes persons who are employed by another person who is a direct employee or broker for a school.

(17) "Refresher Course" means a minimum 80-hour course which offers classroom and behind the wheel instruction for drivers who have previously held a CDL, Class A, or Chauffeurs License.

(18) "Seminar" means a course of 40 hours or less offering educational materials and classroom instruction only in order to prepare a student for an examination given by the State for a driver's license.

(19) "Specific Job or Earnings Claim" means any express claim or representation concerning the employment opportunities available to students or the demand for students who purchase the school's course, or the amount of salary or earnings available to students who purchase the school's course.

(20) "Student" means any person who has signed an enrollment contract with a school and not canceled that contract before the cooling-off-period, specified in this Rule, has ended.

(21) "Total Contract Price" means the total price for the enrollment contract, including charges for registration, ancillary services, and any finance charges.

History

Authority G.S. 20-320; 20-321
Eff. May 1, 1987
Amended Eff. August 1, 2002; August 1, 1998; January 1, 1994; February 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03J .0201 Requirements

(a) The Division shall not issue a commercial truck driver training school license to any individual, partnership, group, association, or corporation unless:

(1) The individual, partnership, group, association, or corporation has at least one motor vehicle registered or leased in the name of the school, which vehicle has been inspected by a representative of the Division and vehicle insurance certified as required by this Subchapter for use by the school for driver training purposes and driver instruction.

(2) The individual, partnership, group, association, or corporation has at least one person licensed by the Division as a commercial truck driver training instructor for that school.

(3) Each manager or owner-operator of a commercial truck driver training school or branch shall:

(A) be subject to an evaluation of any existing criminal record in accordance with G.S. 93B-8.1(b1);

(B) be at least 18 years of age; and

(C) not have had a revocation or suspension of his or her classified license in the two years preceding the date of application.

(4) In the case of a foreign commercial truck driver training school, recruiting in North Carolina, the school submits the following items to the Division:

(A) a copy of the school's license;

(B) a course description, including topics taught and the length of the course;

(D) a copy of the contract complete with the fee charged; and

(E) the names of the persons who represent the school in North Carolina; provided, Subparagraphs (a)(1) and (a)(4)(C) of this Rule shall not apply to schools offering seminar training only.

(b) All commercial truck driver training schools licensed and recruiting in North Carolina shall submit to the Division a surety bond in the amount of thirty thousand dollars ($30,000) for schools offering courses of instruction of 160 hours or more and ten thousand dollars ($10,000) for schools offering seminar training only.

History

Authority G.S. 20-37.13(b); 20-321; 20-322; 20-323; 93B-8.1(b1)
Eff. May 1, 1987
Amended Eff. August 1, 2002; January 1, 1994; February 1, 1991
Readopted Eff. June 1, 2021.

19a NCAC 03J .0202 Original Application

Each original application for a commercial driver training school license shall consist of the following:

(1) Application for license;

(2) Personal history statement of owner-operator or manager to include full name, place of birth, date of birth, marital status, permanent address, social security number, employment history, and financial statement;

(3) Proposed plan of operation;

(4) Proof of liability insurance;

(5) Sample copies of contracts;

(6) A check or money order in the amount of eighty dollars ($80.00). This fee is due for both original and renewal applications for license;

(7) Certificate of assumed name; and

(8) Surety bond.

Items (1), (2) and (3) of this Rule shall be provided upon forms issued by the Division.

History

Authority G.S. 20-320; 20-321; 20-322; 20-323
Eff. May 1, 1987
Amended Eff. August 1, 2002; January 1, 1994
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03J .0203 Renewal Applications

Renewal applications shall be made within 60 days prior to the expiration of license. All licenses expire two years after the date the license is issued and no school is permitted to operate with an expired license. However, applications for renewal may be accepted for up to 30 days from the date of expiration. Any license expired for more than 30 days shall be deemed permanently lapsed and renewal of such license must be by the same process as required for an entirely new school, with all forms and certifications being required.

History

Authority G.S. 20-320; 20-321; 20-324; 20-325; 20-327
Eff. May 1, 1987
Amended Eff. August 1, 2002
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03J .0204 Duplicate Copies

All applications, either original or renewal, for a commercial driver training school or branch shall be completed in duplicate. The original copy of each form shall be submitted to the Enforcement Commercial Driver License (CDL) Compliance Section of the Division of Motor Vehicles, 1417 North Church Street, Rocky Mount, North Carolina 27804-3117. A copy of each form shall be filed at the place of business.

History

Authority G.S. 20-321; 20-324
Eff. May 1, 1987
Amended Eff. August 1, 2002; February 1, 1991
Readopted Eff. June 1, 2021.

19A NCAC 03J .0205 Changes in Application Information

The Division must be notified in writing within 10 days of any changes in the officers, directors, manager, or instructors of any school or branch. The Division must also be informed within 10 days of the addition or deletion of any motor vehicles and a supplemental schedule of motor vehicles must be filed. (Supplemental motor vehicle schedules shall be accompanied by a properly executed insurance certificate.) If the school has a change in ownership, the new owner must file an original application with the Division as described in Rule .0202 of this Section and be approved by the Division before beginning operation of the school under the new ownership. Failure to inform the Division of the required changes shall be grounds for suspension or revocation of the license.

History

Authority G.S. 20-320 through 20-328
Eff. May 1, 1987
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19a NCAC 03J .0206 Branch Offices

(1) The branch meets all the requirements of the principal place of business.

(2) The branch is identified as a "branch office" by a permanent sign which indicates the location of the principal place of business and which is visible to the general public.

History

Authority G.S. 20-321; 20-324; 20-325
Eff. May 1, 1987
Amended Eff. August 1, 2002
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19a NCAC 03J .0207 Surrender of Licenses

Any licensed commercial driver training school or branch which ceases to carry on the business of giving instruction in the driving of commercial motor vehicles or which has a change of ownership shall, within five days, surrender its commercial driver training school license and all instructor licenses issued to driver training instructors employed by the school.

History

Authority G.S. 20-320; 20-321; 20-322; 20-323; 20-324; 20-325; 20-327
Eff. May 1, 1987
Amended Eff. August 1, 2002
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03J .0208 License Required

History

Status: repealed
Authority G.S.20-322
Eff. May 1, 1987
Repealed Eff. January 1, 1994.

19A NCAC 03J .0301 General Provisions

Every school shall maintain a principal place of business open to the public in a permanent-type building. Schools or branches may not be located within or adjacent to a building in which applications for driver licenses are received by the Division and no business may be solicited on property occupied by or adjacent to a building in which applications for driver's licenses are received by the Division.

History

Authority G.S. 20-320 through 20-328
Eff. May 1, 1987
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03J .0302 Office

The office shall be the principal place of business, in the same location as but physically separated from the classroom facility, and must be sufficient for conducting all business related to the operation of the school including, but not limited to:

(1) Facilities for conducting personal interviews.

(2) Storage of all records required for the operation of the school.

(3) Secretarial or telephone answering service available for a minimum of six hours between 9:00 a.m. and 5:00 p.m. on normal business days.

History

Authority G.S. 20-320 through 20-328
Eff. May 1, 1987
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03J .0303 Classroom Facility

The classroom facility shall meet the following minimum requirements:

(1) An overall size of 120 square feet, including at least 70 square feet for the instructor and his or her equipment and 12 square feet for each student.

(2) Lighting, heating, and ventilation systems that are in compliance with all State and local laws and ordinances including zoning, public health, safety, and sanitation.

(3) Seats and writing surfaces for all students; blackboards or whiteboards visible from all seats; charts, diagrams, mock-ups, and pictures relating to the operation of motor vehicles, traffic laws, physical forces, and correct driving procedures; a copy of the Driver's Handbook published by the Division for each student; and other textbooks deemed necessary by the instructor.

(4) Restroom facilities shall be provided.

(5) Covered shelter shall be provided for students when on the field range to protect them from the weather when not driving.

(6) Seminar only courses shall provide seats and writing surfaces for all students and printed instructional materials deemed necessary by the instructor. Seminars shall be conducted at any location meeting the requirements in this Rule provided prior notice is given to and approval is given by the Commercial Driver License (CDL) Compliance Section.

History

Authority G.S. 20-320; 20-321; 20-322; 20-323; 20-328
Eff. May 1, 1987
Amended Eff. January 1, 1994; February 1, 1991
Readopted Eff. June 1, 2021.

19A NCAC 03J .0304 Display of Licenses

Every school and branch must display in a prominent place in its office licenses issued to it by the Division for the school and its instructors.

History

Authority G.S. 20-320 through 20-328
Eff. May 1, 1987
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03J .0305 Inspections

The Division shall make periodic inspections, at least annually, of schools and branches to determine compliance with statutes and rules. The inspection shall be made during business hours by authorized representatives of the Division. Inspections shall include examination of all school records, contracts, classroom facilities, training devices, instructional materials and instructional methods, vehicles, and any other item required by law or regulation. Each owner, partner, associate, corporate officer, or employee of any commercial driver training school shall cooperate with the Division's representative and, upon request, shall exhibit all records, instructional aids, equipment, and any other items which are required for the inspection. Refusal to permit inspections shall be grounds for revocation of the license. Records shall be retained by the school for a period of three years.

History

Authority G.S. 20-321; 20-322; 20-323; 20-325; 20-327
Eff. May 1, 1987
Amended Eff. August 1, 2002; January 1, 1994
Readopted Eff. June 1, 2021.

19A NCAC 03J .0306 Course of Instruction

(a) The commercial truck driving course to be taken by licensed persons who are 18 years old or older shall meet the following requirements:

(1) Minimum hours of instruction:

(A) classroom instruction, including testing 50 hours

(B) field instruction 50 hours

(D) observation (highway behind-the-wheel) 40 hours

Total - 160 hours

The hours of instruction may be expressed in credit hours provided the school is accredited by an accrediting agency recognized by the United States Department of Education and the conversion ratio of that accrediting agency is used.

(2) Content of classroom and behind-the-wheel instruction:

(A) laws relating to interstate and intrastate operations;

(B) pre-trip inspection;

(D) placing the vehicle in operation;

(E) use of the vehicle's controls and emergency equipment;

(F) operation in inner-city and interstate highway traffic and passing;

(G) turning the vehicle;

(H) braking and slowing the vehicle by means other than applying the brakes;

(I) backing and parking the vehicle;

(J) experience operating property hauling vehicles with a minimum gross vehicle weight of 49,000 pounds or experience operating passenger motor coach vehicles having a minimum capacity of 46 persons; and

(K) completing driver's daily log books.

(3) Other requirements include:

(A) the 160 hours of instructions required by this Rule shall be completed in no less than four calendar weeks;

(B) three hours of the 20 hours of behind-the-wheel highway training shall be completed by each student between dusk and dawn;

(C) one vehicle shall be provided for each three students during highway training. Four students per vehicle are permitted if the vehicle has been inspected and approved by the Division. The Division shall approve the vehicle if it determines the vehicle will seat four people. No more than four students per vehicle and no more than four vehicles per instructor shall be allowed for field training; and

(D) a Driver's Daily Log shall be kept for each student to reflect the 160 hours of instruction.

(b) Credit for prior instruction or training given by another agency or school may be granted. Such credit may be granted by the school to which the candidate is applying if the prior instruction or training is equivalent to the corresponding part or parts of the course required by this Rule for commercial truck driving course and if such credit is confirmed and authorized as equivalent by the Enforcement Section of the Division.

(c) In addition to the course requirements of Paragraph (a) of this Rule, schools may offer a "Refresher Course" which shall meet the following requirements:

(1) Minimum hours of instruction shall total 80 hours as follows:

(A) Classroom instruction, labs, and testing 25 hours

(B) Field instruction 25 hours

(D) Observation (highway behind-the-wheel) 20 hours

Total - 80 hours

(2) Content of Classroom and behind the wheel instruction shall be as follows:

(A) laws relating to interstate and intrastate operations;

(B) pre-trip inspection;

(D) placing the vehicle in operation;

(E) use of the vehicle's controls and emergency equipment;

(F) operation n inner-city and interstate highway traffic and passing;

(G) turning the vehicle;

(H) braking and slowing the vehicle by means other than applying the brakes;

(I) backing and parking the vehicle;

(J) experience operating property hauling vehicles with a minimum gross weight of 49,000 pounds or experience operating passenger motor coach vehicles having a minimum capacity of 46 passengers; and

(K) completing driver's daily log books.

(3) Other requirements are as follows:

(A) the 80 hours of instruction required by this Rule shall be completed in no less than two calendar weeks;

(B) two hours of the 10 hours behind the wheel highway training shall be completed by each student between dusk and dawn;

(C) one vehicle shall be provided for each three students during highway training. Four students per vehicle are permitted if the vehicle has been inspected and approved for such use by the Division. The Division shall approve the vehicle if it determines the vehicle will seat four people. No more than four students shall be allowed per vehicle for field training; and;

(D) a drivers log shall be kept for each student to reflect the 80 hours of instruction.

History

Authority G.S. 20-321; 20-322; 20-323
Eff. May 1, 1987
Amended Eff. August 1, 2002; August 1, 1998; April 1, 1997; January 1, 1994; May 1, 1990
Readopted Eff. June 1, 2021.

19A NCAC 03J .0307 Student Requirements

The owners or officers of the school shall inform students 18 years of age or older but less than 21 years of age of the age restrictions as set forth in 49 CFR Part 391.11 and limitations established by the United States Department of Transportation Federal Motor Carrier Safety Administration and G.S. 20-37.13.

History

Authority G.S. 20-37; 20-321; 20-323; 20-328
Eff. May 1, 1987
Amended Eff. April 1, 1997; January 1, 1994; May 1, 1990
Readopted Eff. June 1, 2021.

19a NCAC 03J .0308 Reports to Be Submitted

(a) Every commercial driver training school offering a full program shall submit to the Division the following reports:

(1) A schedule of classes for each licensing period.

(2) A class roster as of the first day of class, which roster shall include the name, address, telephone number, and driver's license number of each student.

(3) A copy of each student's contract(s).

(4) A list of salesmen/recruiters working for the school (directly or indirectly) at the beginning of the licensing period, with additions or deletions to be filed within 30 days of such change.

(b) Every commercial driver training school offering seminars only shall submit and obtain approval of a course plan as required in Rules .0201 and .0306 of this Subchapter at least 30 days prior to the class. It shall also submit items in Subparagraphs (a)(1) and (a)(4) of this Rule.

(c) Every commercial driver training school offering a "refresher course" shall submit in addition to the requirements of Paragraph (a) of this Rule, a seven-year driving record attached to each student's contract.

History

Authority G.S. 20-321; 20-322; 20-323; 20-324; 20-325
Eff. May 1, 1987
Amended Eff. August 1, 2002; August 1, 1998; April 1, 1997; January 1, 1994; February 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19a NCAC 03J .0401 Vehicle Equipment

(a) Behind-the-wheel instruction of students in commercial driver training schools shall be conducted in motor vehicles owned or leased by the school. All vehicles used for the purpose of demonstration and practice shall:

(1) If used for field instruction be equipped with:

(A) seatbelts as required by Federal and State law;

(B) an outside rearview mirror mounted on the right side of the vehicle;

(D) all other equipment required by G.S. 20 except that a working speedometer is not required.

(2) Bear conspicuously displayed signs with the words "Student Driver" in letters not less than six inches in height on both the front and rear of the vehicle and also bear conspicuously displayed signs with the name and location of the school in letters not less than three inches in height on both sides of the power unit and on the back of the trailer.

(3) Meet the safety requirements for commercial motor vehicles as found in CFR 49 Parts 390-397.

(b) No school equipment shall be used to transport property or persons for compensation, other than a properly enrolled student, except when school equipment is used by certified third party examiners in accordance with the requirements of 19A NCAC 03B .0700 of these Rules, while conducting third party testing, and the school may charge a reasonable fee for the use of the school's equipment.

History

Authority G.S. 20-320; 20-321; 20-322; 20-323; 20-324; 20-325; 20-326; 20-327; 20-328
Eff. May 1, 1987
Amended Eff. August 1, 2002; August 1, 1994; January 1, 1994; May 1, 1990
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03J .0402 Registration: Insurance: Inspection

(a) Each vehicle used by the school on the highway shall be titled and registered as required by G.S. 20-52 and bear a current inspection certificate. Each yard vehicle used by the school shall be titled as required by G.S. 20-52.

(b) Each vehicle used by the school shall be insured by a company licensed to do business in North Carolina against liability in the amount of at least twenty five thousand dollars ($25,000) because of injury to or destruction of property of others in any one accident, fifty thousand dollars ($50,000) because of bodily injury to or death or one person in any one accident, and one hundred thousand dollars ($100,000) because of bodily injury to or death of two or more persons in any one accident. This insurance coverage shall be secured on an annual basis. In the event coverage for any vehicle used for driver instruction or training shall not be renewed, the school shall give written notice to the Division at least 10 days prior to the expiration date of the coverage. A certificate of insurance coverage shall be filed by the insurance underwriter with the Division. Cancellation shall be accomplished upon 15 days prior written notice to the Division by the insurance underwriter.

(c) Each vehicle used by a school shall be listed and inspected in the manner prescribed in 49 CFR 396. In addition, each vehicle shall be inspected to meet the requirements of Rule .0401 of this Section and approved by a representative of the Division before it is used. Each vehicle shall be inspected and approved by a representative of the Division annually and at any other time.

History

Authority G.S. 20-37.22; 20-51(15)(a); 20-321
Eff. May 1, 1987
Amended Eff. August 1, 2002
Readopted Eff. June 1, 2021.

19A NCAC 03J .0403 Special Requirement

At least one of the vehicles used in a commercial truck driver training school shall be a tractor-trailer combination unit and other vehicles may be of the type necessary to carry out the instructional program of the school. All vehicles used in the instructional program shall meet the equipment requirements of Chapter 20 of the North Carolina General Statutes.

History

Authority G.S. 20-320 through 20-328
Eff. May 1, 1987
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03J .0501 Requirements

(a) A Class I instructor may conduct driver training in the classroom, on the field and on the road. Each Class I instructor shall:

(1) Be at least 21 years of age, have at least two years experience operating a Class A vehicle and hold a valid Class A license; provided, on and after April 1, 1992 each instructor must hold a valid Class A commercial license from his state of residence.

(2) Not have been convicted of a felony, or convicted of a misdemeanor involving moral turpitude, in the ten years immediately preceding the date of application.

(3) Not have had a revocation or suspension of his driver's license in the two years immediately preceding the date of application.

(4) Have graduated from high school and submit high school diploma or submit a high school equivalency certificate.

(5) Not have had convictions for moving violations totaling seven or more cumulative points within three years of the date of application.

(6) Have at least two years of continuous commercial motor vehicle driving experience within the previous five years from the date of application.

(b) A Class II instructor may conduct driver training in the classroom and on the field only. Each Class II instructor shall:

(1) Not have been convicted of a felony, or convicted of a misdemeanor involving moral turpitude, in the ten years immediately preceding the date of application.

(2) Not have had a revocation or suspension of his driver's license in the two years immediately preceding the date of application.

(3) Have graduated from high school and submit a high school diploma or a high school equivalency certificate.

(4) Have at least two years of continuous commercial motor vehicle driving experience within the previous five years from the date of application.

(c) A Class I or II instructor-trainee may assist a licensed Class I or II instructor while his instructor's license application is pending at the Division. The Division must be notified in writing within five days of the date the trainee is hired. An instructor-trainee of either class:

(1) may work in that capacity for only 30 days from the date he is hired;

(2) may instruct in the classroom and on the field only with a licensed instructor present at all times;

(3) may not instruct or accompany students on the road until licensed; and

(4) must wear an identification badge which clearly identifies the individual as an instructor-trainee.

History

Authority G.S. 20-320; 20-321; 20-322; 20-323; 20-324; 20-325; 20-326; 20-327; 20-328
Eff. May 1, 1987
Amended Eff. August 1, 2002; August 1, 1994; May 1, 1990
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03J .0502 Original Application

Each original application for a commercial driver training instructor license shall consist of:

(1) A combination application and personal history form which must be completed and signed by the applicant.

(2) A physical examination report completed and signed by a licensed physician.

(3) Copy of high school diploma or equivalency certificate.

(4) A driver license record check for the previous three years.

(5) Consent form for background information.

(6) A check or money order in the amount of sixteen dollars ($16.00).

(7) Five-year criminal history check.

History

Authority G.S. 20-320; 20-321; 20-322; 20-323
Eff. May 1, 1987
Amended Eff. August 1, 2002
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19a NCAC 03J .0503 Renewal Application

Renewal application shall be made by an instructor within 60 days prior to the expiration of license. All licenses expire two years after the date the license is issued and no instructor may operate with an expired license. However, applications for renewal may be accepted for up to 30 days from the date of expiration. Any license expired for more than 30 days shall be deemed permanently lapsed and renewal of such license must be by the same process as required for an entirely new license, with all forms and certifications being required.

History

Authority G.S. 20-320; 20-321; 20-322; 20-323; 20-324; 20-325
Eff. May 1, 1987
Amended Eff. August 1, 2002
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19a NCAC 03J .0504 Duplicate Copies

All applications, either original or renewal, for a commercial driver training instructor license shall be completed in duplicate. The original copy of each form shall be submitted to the Enforcement Section of the Division of Motor Vehicles. A copy of each form shall be filed at the place of business.

History

Authority G.S. 20-320; 20-321; 20-324
Eff. May 1, 1987
Amended Eff. August 1, 2002
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03J .0505 Confidentiality

History

Status: repealed
Authority G.S. 20-320 through 20-328
Eff. May 1, 1987
Repealed Eff. January 1, 1994.

19A NCAC 03J .0506 License Fees

History

Status: repealed
Authority G.S. 20-320 through 20-328
Eff. May 1, 1987
Repealed Eff. January 1, 1994.

19a NCAC 03J .0507 Surrender of Licenses

Any licensed commercial driver training instructor who ceases to give instruction in the driving of motor vehicles for the school for which he is licensed shall surrender his instructor's license within five days. The owner, partner, or chief corporate officer of the school shall be responsible for the return of the instructor's license to the Division on termination of employment of any instructor.

History

Authority G.S. 20-320; 20-321; 20-322; 20-323; 20-324; 20-325; 20-327
Eff. May 1, 1987
Amended Eff. August 1, 2002
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03J .0508 License Required

No person shall act as an instructor without the proper license as set forth in this Subchapter; provided, up to 24 hours of classroom instruction in a minimum 320 hour course and up to 12 hours of classroom instruction in a minimum 160 hour course may be provided by an unlicensed instructor if the subject matter and lesson plan have been given prior approval by the Division.

History

Authority G.S. 20-323
Eff. May 1, 1987
Amended Eff. January 1, 1994; May 1, 1990
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03J .0601 Requirements

Students taking a refresher course or a course of 160 hours or more shall contract with a commercial truck driver training school. The contract shall contain the following information:

(1) The agreed total contract charges and full terms of payment thereof.

(2) The number, nature, time, and extent of lessons contracted for, including:

(a) minimum hours of instruction as required in Rule .0306 of this Subchapter; and

(b) rate for use of school vehicle for a driver's license road test, if an extra charge is made.

(3) A statement which reads as follows: This agreement constitutes the entire contract between the school and the student, and any verbal assurances or promises not contained herein shall bind neither the school nor the student.

(4) A statement which reads as follows: This school is licensed by the State of North Carolina, Division of Motor Vehicles.

(5) A statement which reads as follows: If you, as a student, are unable to settle a dispute with the school, please direct your grievances to the North Carolina Division of Motor Vehicles, Commercial Driver License (CDL) Compliance Section, 1417 North Church Street, Rocky Mount, North Carolina 27804-0001.

History

Authority G.S. 20-321; 20-322; 20-323
Eff. May 1, 1987
Amended Eff. August 1, 2002; August 1, 1998; January 1, 1994; February 1, 1991; May 1, 1990
Readopted Eff. June 1, 2021.

19a NCAC 03J .0602 Prohibited Contract Provisions

Commercial driver training school contracts shall not contain the following:

(1) The statement "no refund" or its equivalent.

(2) Any statement to the effect that a driver's license is guaranteed or otherwise promised as a result of the driver's license training course.

History

Authority G.S. 20-320; 20-321; 20-322; 20-323; 20-325; 20-327
Eff. May 1, 1987
Amended Eff. August 1, 2002
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19a NCAC 03J .0603 Filing of Contract with the Division

History

Authority G.S. 20-320; 20-321; 20-322; 20-323; 20-324; 20-325; 20-327
Eff. May 1, 1987
Amended Eff. August 1, 2002
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19a NCAC 03J .0604 Contract Provisions

(a) The school must give the prospective student a completed copy of the enrollment contract at the time the prospective student signs the contract or upon the school's receipt of an enrollment contract completed entirely by mail. The enrollment contract must be written in the same language as the oral sales presentation, if any, made by the school and must contain the name and address of the school.

(b) The school must place on the enrollment contract the explanation of the prospective student's cooling-off rights required by Rule .0605 of this Section. If the school does not place the notice on the front page of the enrollment contract, the school must place on the front page the following notice: "An explanation of your cancellation and refund rights is on page (page number) of this contract." This notice must be printed in boldface type.

(c) After the school has accepted the enrollment contract of the prospective student, the school must furnish the prospective student with the disclosure of the school's graduation rate and placement rate.

(d) If a school makes a job or earnings claim for a course other than a new course, the school shall disclose the following placement information on the disclosure form entitled, "How Our Students Are Doing." The School shall disclose these figures for individuals who became students during the school's most recent base period:

(1) the number of students;

(2) the number and percentage of those students who graduated;

(3) the number and percentage of those students who remained actively enrolled at the end of that time;

(4) the number and percentage of graduates who, within four months of leaving the course, obtained employment as commercial motor vehicle drivers; and

(5) the number and percentage of these graduates who refused to provide salary information.

A school may, at its option, include the following statement on the disclosure form: "In evaluating our record, remember not all of our students took this course to get a job as a commercial motor vehicle driver. Also, we were unable to reach some of our graduates to see if they got jobs. So, our placement percentage might be understated."

(e) The disclosure specified by Paragraph (d) of this Rule must be based on the school's actual knowledge of its students' experiences. Actual knowledge shall be verified, at a minimum, by a list that includes the following information for each student who is counted as obtaining employment in a job for which the course prepared him or her:

(1) the student's name and address (or telephone number);

(2) the employer's name;

(3) the name or title of the job obtained;

(4) information that indicates that the job was obtained within four months of leaving the course; and

(5) the student's annual gross salary expressed in increments of two thousand dollars ($2,000) or an indication of the student's refusal to provide such salary information.

(f) No school shall make any specific job or earnings claim for a new course.

(g) The information required or permitted to be disclosed under Paragraph (d) of this Rule shall be contained in a disclosure form entitled, "How Our Students are doing." The disclosure form shall contain no other information or representations. This form must be mailed to all prospective students who have signed enrollment contracts if a school makes a general job or earnings claim or a specific job or earnings claim.

(h) If a school makes a general job or earnings claim or a specific job or earnings claim that is not substantiated by the disclosure form required by Paragraph (d) of this Rule, the school must not know or have reason to know of facts which would make the claim inapplicable to the school, its enrollees, or a particular geographical area served by the school. A reasonable basis shall consist of a statistically valid and reliable survey which substantiates the claim.

(i) Nothing in Paragraph (d) in this Rule shall be construed as prohibiting schools from making jobs or earnings claims which are substantiated by projections from the "Occupational Outlook Handbook" published by the Bureau of Labor Statistics or by similar projections published by other Federal or State agencies. However, when such claims are contained in non-media advertising, the schools must clearly and conspicuously disclose in immediate conjunction with the claim, any limitations, restrictions, or caveats accompanying or made applicable to those projections in their original source.

(j) A school shall maintain records adequate to disclose the facts upon which each claim covered by this Rule is based. Such records shall be maintained for three years from the date the claim is made and, after compliance with any applicable Federal law concerning the privacy or confidentiality of student records, shall be made available for inspection and copying by DMV officials upon reasonable notice and during regular business hours.

(k) Home study courses shall be accredited by an accrediting agency approved by the United States Department of Education.

History

Authority G.S. 20-320; 20-321; 20-322; 20-323; 20-324; 20-325; 20-326; 20-327; 20-328
Eff. May 1, 1987
Amended Eff. August 1, 2002; January 1, 1994
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03J .0605 Cancellation and Refund Procedures and Cooling-Off Rights

(a) After the cooling-off period has ended, a student may cancel his or her enrollment in the course by notifying the school. Cancellation by the student is effective on the date the student mails or delivers written notification to the school or on the date that the student gives the school constructive notice of his or her intention to withdraw from the course.

(b) If a prospective student cancels the enrollment contract during the period described in the notices required, the school must refund all payments made by the prospective student and cancel and return any evidence of indebtedness within 21 days after receiving any notice of cancellation. If a school fails to comply with the proper enrollment and cooling-off procedure, it shall not retain any money or evidence of indebtedness from a prospective student.

(c) If a student gives the school written notice of his or her intention to remain enrolled in a course, the time period for measuring constructive notice will begin anew from the date of the written notice. Any prior cancellation by virtue of the student's constructive notice will not be effective if the student provides this written notice of his or her intention to remain enrolled.

(d) If a student cancels his or her enrollment contract after the cooling-off period, the school shall not receive, demand, or retain more than the one hundred and fifty dollar ($150.00) registration fee and a pro rata portion of the total contract price. This total pro rata portion shall be calculated by dividing the total number of course hours by the total contract price to obtain an hourly rate. This hourly rate shall be multiplied by the actual number of hours the student attended the school. Refunds must be made within 21 days.

(e) For courses consisting of a combination of home study lessons and resident training, not more than one hundred dollars ($100.00) in addition to the registration fee referred to in Paragraph (d) of this Rule shall be retained by the school for those students who fail to enter resident training, unless the school submits affirmative evidence acceptable to the Commissioner of Motor Vehicles disclosing the home study lessons are of such quality and content as to reasonably assure that the students will achieve the stated objective without the resident training portion of the course.

(f) The school must include in the enrollment contract the following notice: "CANCELING THIS CONTRACT." "A student may cancel this agreement at any time before the commencement of classes and prior to the end of the five-day cooling off period and receive a full refund of the tuition that has been paid by the student. The NOTICE OF CANCELLATION to be given by the student shall be in writing and may be delivered by Registered Mail or in person to an owner, partner, corporate officer, agent, or other representative of the school. The cooling-off period begins when the student is given or mailed a signed copy of the completed contract. Contracts canceled after the cooling-off period entitle the school to retain not more than one hundred fifty dollars ($150.00) registration fee and a pro rata portion of the total contract price based on the number of hours the student attended school. Refunds must be made within 21 days following delivery of the NOTICE OF CANCELLATION." The title of the notice "CANCELING THIS CONTRACT" must be in all capitals with boldface type.

(g) If either the school or the instructor fails to comply with the provisions of any contract or agreement between the school and the student, the school shall refund, on a pro rata basis, all monies collected from the student as consideration for the performance of the contract or the agreement.

History

Authority G.S. 20-320 through 20-328
Eff. May 1, 1987
Amended Eff. January 1, 1994
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03J .0606 Miscellaneous

The school may not include in the enrollment contract or any other document a waiver of any of the rights or obligations created by this Section. No oral waiver of any of these rights or obligations shall be effective.

History

Authority G.S. 20-320 through 20-328
Eff. May 1, 1987
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03J .0701 Bonds

Prior to license approval, a school shall file with the Division a continuous "cash" or "surety" bond written by a company licensed to do business in North Carolina to indemnify any student against loss or damage arising out of the school's breach of contract between the school and the student. This bond shall be in an amount as set forth in Rule .0201(4)(f) of this Subchapter.

History

Authority G.S. 20-320 through 20-328
Eff. May 1, 1987
Amended Eff. January 1, 1994; February 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03J .0702 Certificate of Deposit

With Division approval, a certificate of deposit may be executed and filed in lieu of a bond. The certificate shall be in the principal sum of the bond it stands in lieu of as provided in Rule .0701 of this Section.

History

Authority G.S. 20-320 through 20-328
Eff. May 1, 1987
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19a NCAC 03J .0703 Advertising

A commercial driver training school may advertise by whatever method it sees fit with the following exceptions:

(1) The address of a telephone-answering service, when it is not the same as the principal place of business of the school, shall not be shown in any medium of advertising or telephone directory. Nor shall any telephone directory listing or yellow page advertisement show a telephone number for a school unless it also shows a valid address for the principal place of business of the school.

(3) A school may state in an advertisement that it has been approved and licensed by the Division.

(4) Commercial driver training schools must use the full name, address, and telephone number of their school in all advertising. No advertising shall imply an offer of employment or guarantee employment upon completion.

(5) If a school makes any job or earnings claims for any course in a media advertisement, the school must include the following disclaimer in this advertisement: "Graduation from this course does not insure that you will get a job. To find out how our graduates have done, send for our job placement record."

(6) If a school makes any written job or earnings claims about any course, other than a media advertisement, the school must include in that document full disclosures of the school's graduation and placement rates required by Rule .0604 of this Subchapter.

(7) If a school makes any general job or earnings claims for a new course, that school must make the following disclosure in lieu of those required in Items (5) and (6) of this Rule.

(a) In media advertisement: "Since this course is new, we are not able to tell you about the experience of our students in getting jobs."

(b) All other, non-media advertisements: "Since this course is new, we are not able to give you information on the graduation or placement rates of our students, or the amount of money you might earn after completing this course. As an alternative, we suggest you talk to a job counselor or State Employment Office about your chances of finding a job in the field we train you for. They will have current information on job opportunities in the area where you live. In addition, they can offer you information on starting salaries and requirements for prior work experience."

(8) Commercial driver training schools shall not use advertisements or promotional material which is classified, designated, or captioned, "Men wanted to train for....", "Help Wanted", "Employment", "Business Opportunities", or by words or terms of similar import, so as to represent directly or by implication that employment is being offered, nor shall the word "Free" be used in any advertisement.

History

Authority G.S. 20-320; 20-321; 20-322; 20-323; 20-324; 20-325; 20-327
Eff. May 1, 1987
Amended Eff. August 1, 2002; January 1, 1994
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03J .0801 Grounds for Revocation or Suspension

The license of any commercial driver training school may be suspended or revoked by the Division if the licensee violates any provision of Article 14, Chapter 20 of the North Carolina General Statutes, or if the licensee violates any rule adopted pursuant to that Article. In addition, a license may be suspended or revoked for any one of the following reasons:

(1) Conviction of the owner, manager, or any agent or employee of the school of a felony or conviction of any misdemeanor involving moral turpitude.

(2) Knowingly submitting to the Division false or misleading information relating to eligibility for a license.

(3) Evidence of substance abuse by the owner, manager, any agent, or employee of the school.

(4) Failure or refusal to permit an authorized representative of the Division to inspect the school, equipment, records, or motor vehicles used to teach students or failure or refusal to furnish full information pertaining to any and all requirements set forth in the rules in this Subchapter or in the application for the license.

(5) Failure to maintain licensed instructors or approved equipment sufficient to perform the course of instruction.

(6) Employment of any instructor who is not licensed by the Division.

(7) Failure of new owner to apply for and be licensed by the Division as a school under new ownership and also failure to notify the Division within the specified time of any change in management of the school.

(8) Aiding or assisting any person to obtain a driver's license by fraud (revocation in this instance shall be permanent).

(9) Unauthorized possession of application forms or examinations used by the Division to determine the qualification of an applicant for a driver's license.

(10) Failure of the school to give the student a copy of his contract and also use by the school of a contract which has not been submitted to and approved by the Division of Motor Vehicles.

History

Authority G.S. 20-320; 20-321; 20-322; 20-323; 20-324; 20-325; 20-326; 20-327
Eff. May 1, 1987
Amended Eff. August 1, 2002; January 1, 1994
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19a NCAC 03J .0802 Instructor License Suspension or Revocation

In addition to the grounds for revocation listed in Rule .0801 of this Section, the license of any commercial driver training instructor shall be revoked if his driver's license is suspended or revoked or if he accumulates seven or more points, as a result of being convicted of moving violations, in a twelve-month period. Reinstatement of the commercial driver training instructor's license shall follow the same procedure as an application for a new license.

History

Authority G.S. 20-320; 20-321; 20-322; 20-323; 20-324; 20-325; 20-326; 20-327
Eff. May 1, 1987
Amended Eff. August 1, 2002; January 1, 1994
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03J .0803 Revocation or Suspension Procedure

If any school or instructor or recruiter is alleged to be in violation of any provision of Article 14, Chapter 20 of the General Statutes or of any provision of the rules of this Subchapter, the school or instructor or recruiter shall be notified by certified or registered mail of the suspension or revocation. This notice shall be issued by the office of the Commissioner of Motor Vehicles, and the notification shall set forth the details of the alleged violation which formed the basis for the action. The school (through its owner, partner, or corporate officer) or the instructor or the recruiter may request in writing a hearing. This request must be made within 30 days of receipt of the certified or registered letter. The hearing shall be heard by an officer designated by the commissioner and the school or instructor or recruiter may be represented by counsel. Upon completion of the hearing, the Division shall notify the school or instructor or recruiter within 30 days of the decision of the hearing officer. This decision may be appealed as provided by G.S. Chapter 150B.

History

Authority G.S. 20-320 through 20-328
Eff. May 1, 1987
Amended Eff. January 1, 1994; October 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19A NCAC 03J .0901 Requirements

Recruiters working for commercial driver training schools shall comply with the requirements in 19A NCAC 03J .0601-.0606.

History

Authority G.S. 20-320; 20-321; 20-322; 20-323; 20-324; 20-325; 20-326
Eff. October 1, 1991
Amended Eff. August 1, 2002
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

19a NCAC 03J .0902 Original Application

History

Status: repealed
Authority G.S. 20-320; 20-321; 20-322; 20-323; 20-324; 20-325
Eff. October 1, 1991
Amended Eff. January 1, 1994
Repealed Eff. August 1, 2002.

19a NCAC 03J .0903 Renewal Application

History

Status: repealed
Authority G.S. 20-320; 20-321; 20-322; 20-323; 20-324
Eff. October 1, 1991
Repealed Eff. August 1, 2002.

19A NCAC 03J .0904 Duplicate Copies

History

Status: repealed
Authority G.S. 20-320; 20-321; 20-322; 20-323; 20-324; 20-325
Eff. October 1, 1991
Repealed Eff. August 1, 2002.

19A NCAC 03J .0905 Confidentiality

History

Status: repealed
Authority G.S. 20-321
Eff. October 1, 1991
Repealed Eff. January 1, 1994.

19a NCAC 03J .0906 Surrender of Licenses

History

Status: repealed
Authority G..S. 20-320; 20-321; 20-322; 20-323; 20-324; 20-325; 20-327
Eff. October 1, 1991
Repealed Eff. August 1, 2002.

19A NCAC 03J .0907 License Required

No person shall act as an instructor without the proper license as set forth in this Subchapter. A recruiter must have a separate license for each school that he represents. All recruiters must verify by signature that they have read and that they understand the rules on advertising and solicitation and must verify their intent to follow rules as they are set forth.

History

Authority G.S. 20-321
Eff. October 1, 1991
Amended Eff. January 1, 1994
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2018.

Subchapter K

19A NCAC 03K .0101 Assessment of Administrative Hearing Fees

(a) The Division shall provide notice to the applicant of a right to an administrative hearing, the procedure for requesting a hearing, the applicable fee for a hearing, notice on how to proceed as an indigent, and the statutory deadline, if any, to timely request a hearing.

(b) The fee for each type of hearing provided by the Division shall be set forth in 19A NCAC 03K .0102.

(c) A hearing request shall be submitted in writing and shall include the applicable fee listed in the Division's notice to the applicant, as provided in Paragraph (a) of this Rule. A request for hearing shall neither be accepted by the Division nor be considered received within any required deadline noticed to the applicant under Paragraph (a) of this Rule if the hearing request is not completed or the hearing request does not include the applicable hearing fee, except as provided under Paragraph (j) of this Rule. A written hearing request sent via U.S. Mail shall be deemed timely only if this request is postmarked prior to the statutory deadline, if any as provided in Paragraph (a) of this Rule.

(d) The Division shall take no action on a request or hearing until the required fee is paid in full, except for the

following hearings scheduled by the Division due to the nature of the alleged offense, charge, or violation:

(1) a hearing conducted to review an applicant's compliance with the requirements and obligations of the Ignition Interlock Program if the applicant is licensed pursuant to a conditional restoration agreement with the Division;

(2) a hearing conducted to determine the applicant's compliance with the requirements and obligations of the applicant's probation or conditional restoration agreement with the Division; or

(3) a hearing related to motor vehicle dealer license or sales representative license conducted pursuant to G.S. 20-296 for hearings related to a previously-issued license.

If the Division takes no adverse action at a hearing listed in this Paragraph, the Division shall not charge a hearing fee to the applicant. If adverse action is taken by the Division following the hearing, the applicant shall pay the required hearing fee set forth in 19A NCAC 03K .0102. This hearing fee shall be paid no later than 30 calendar days after the date the hearing is held or the decision is issued by the Division, whichever is later. An applicant who fails to pay the hearing fee within the required 30 calendar day period shall be considered past due and subject to the provisions G.S. 147, Article 6B.

(e) Upon receipt of a written hearing request and the full payment for the required hearing fee, within any deadline, if applicable, noticed under Paragraph (a) of this Rule, the Division shall send the applicant written notice of the scheduled hearing, including the time, date, and location of the hearing and notice of the time period for an applicant to cancel a hearing request in order to receive a partial refund under Paragraph (g) of this Rule.

(f) Upon notification that a hearing fee payment has been returned to the Division due to insufficient funds from the applicant's financial institution, the Division shall notify the applicant of the insufficient funds and that failure to pay the hearing fee constitutes a waiver of the hearing. This notification shall include:

(1) the amount of the hearing fee owed by the applicant to proceed with the requested hearing;

(2) a date upon which the applicant shall submit the required hearing fee to the Division (noticed date), which shall not be less than 10 calendar days from the date of the notification;

(3) the type of money payment accepted by the Division, including certified check, money order, or other secured methods of payment accepted by the Division;

(4) notice that if the hearing fee is not received by the Division by the noticed date, the written request for hearing pursuant to Paragraph (c) of this Rule will be considered withdrawn; and

(5) notice that any pending action by the Division upon which the applicant requested a hearing shall be placed into effect if such hearing fee is not paid by the noticed date.

An applicant's failure to pay the hearing fee by the date contained in the notification letter shall be considered a withdrawal of the request for a hearing. A hearing fee paid via U.S. Mail shall be deemed timely only if the payment is postmarked prior to the noticed date.

(g) A hearing fee shall be non-refundable unless the Division receives a written notice from the applicant seeking to cancel the hearing postmarked at least 10 business days prior to the scheduled hearing date, except as listed in Paragraph (h) of this Rule and as described in this Paragraph. If on the date the written hearing request is postmarked or received by the Division, whichever occurs first, the applicant is not eligible pursuant to G.S. 20 for the hearing requested, the applicant shall be entitled to a refund of the hearing only if a written request to cancel the hearing is postmarked at least three calendar days prior to the scheduled hearing date. If the applicant is eligible for a hearing when the hearing request is post-marked or received by the Division, whichever occurs first, and the applicant later becomes ineligible for the requested hearing prior to the actual hearing, the applicant shall be entitled to a refund only if the Division receives a written notice from the applicant seeking to cancel the hearing postmarked at least 10 business days prior to the scheduled hearing date. The processing fee listed in Paragraph (m) of this Rule shall be deducted by the Division from any refunded hearing fee. An applicant's notice to cancel a hearing shall be mailed to: Division of Motor Vehicles, Attn: Administrative Support Unit, 3118 Mail Service Center, Raleigh, NC 27699-3118. Any notice to cancel a hearing postmarked less than 10 business days prior the hearing shall cancel the previously scheduled hearing.

(h) A hearing fee paid pursuant to 19A NCAC 03K .0102(a)(17) shall be non-refundable.

(i) The Division may waive the administrative a hearing fee when an applicant is indigent. An applicant seeking relief as indigent from an administrative hearing fee shall submit a completed and notarized Affidavit of Indigence as prescribed by the Division. The applicant may obtain a copy of the Affidavit of Indigence from the Division's website (www.ncdot.gov/dmv/). The Affidavit of Indigence shall be posted by the Division in English and Spanish. A written hearing request that includes a completed and affirmed Affidavit of Indigence that is received by the Division within the deadline noticed under Paragraph (a) of this Rule shall be considered a timely request for hearing. An applicant may face criminal and civil penalties for submitting a false affidavit.

(j) Upon receipt of the Affidavit of Indigence, the Division shall determine whether the applicant is eligible for a waiver of the hearing fee required under Paragraph (c) of this Rule.

(k) In evaluating the Affidavit of Indigence, the Division shall apply the current Federal Poverty Level Guidelines to qualify an applicant's eligibility for waiver of the hearing fee. The Federal Poverty Guidelines issued by the U.S. Department of Health and Human Services and published in the Federal Register are incorporated by reference including subsequent amendments and editions. A copy may be obtained at no cost at https://www.federalregister.gov/. The applicant with income below 150 percent of the Federal Poverty Level shall receive a waiver of the hearing fee under Paragraph (c) of this Rule. The terms "household size" and "household income" are defined with reference by the Federal Income Tax Code (U.S. Code Title 26) and U.S. Treasury Regulations. The Federal Tax Code and U.S. Treasury Regulations published by the U.S. Internal Revenue Service are incorporated by reference including subsequent amendments and editions. A copy may be obtained at no cost at: https://www.irs.gov/. The waiver criteria are:

(1) household size; and

(2) household income.

The Division may request documentation from the applicant if necessary for the Division to qualify the applicant's eligibility for a waiver of the hearing fee. The applicant shall comply with a request for additional documentation within 10 calendar days. Failure to comply with a request for additional documentation shall result in a denial of the applicant's request for a waiver of the hearing fees.

(l) After the Division's review of an applicant's Affidavit of Indigence, the Division shall proceed as follows:

(1) If the Division finds the applicant is qualified for a waiver of the hearing fee pursuant to the Affidavit of Indigence, the Division shall proceed with the hearing as if the required hearing fee had been paid. The Division shall send the notice listed in Paragraph (e) of this Rule.

(2) If the Division finds the applicant is not qualified for a waiver of the hearing fee, the Division shall notify the applicant of this determination. This notification shall also include:

(A) notice of the amount of the hearing fee owed by the applicant to proceed with the requested hearing;

(B) a date upon which the applicant shall submit the required hearing fee to the Division noticed date, which shall not be less than 10 calendar days from the date of the notification;

(C) notice that if the hearing fee is not received by the Division by the noticed date, the written request for hearing pursuant to Paragraph (c) of this Rule will be considered withdrawn; and

(D) notice that any pending action by the Division upon which the applicant requested a hearing shall be placed into effect if such hearing fee is not paid by the noticed date.

An applicant's failure to pay the hearing fee by the date contained in the notification letter shall be considered a withdrawal of the request for a hearing. A hearing fee paid via U.S. Mail shall be deemed timely only if such payment is postmarked prior to the noticed date.

(m) The Division shall retain a sum of fifty dollars ($50.00) to process all hearing requests set forth in 19A NCAC 03K .0102, except for hearings listed under 19A NCAC 03K .0102(a)(2) and (a)(16), for which the Division shall retain twenty dollars ($20.00).

History

Authority G.S. 20-16; 20-17; 20-31; S.L. 2014-100, s. 34.9, S.L. 2015-241, s. 29.30A; S.L. 2017-57, s. 34.32(a),(b),(c),(d)
Temporary Adoption Eff. January 1, 2018. (Codifier's Note: This Rule shall remain in effect until the permanent rule that replaces the temporary rule becomes effective. See S.L. 2017-57, s. 34.32(c)).

19A NCAC 03K .0102 Administrative Hearing Fee Schedule

(a) The Division shall assess the following administrative hearing fees, pursuant to Rule .0101 of this Subchapter:

(1) sixty dollars ($60.00) for a hearing related to a lapse in financial responsibility conducted pursuant G.S. 20-316;

(2) forty dollars ($40.00) for a conference to determine the applicant's eligibility to attend drive improvement clinic as provided by G.S. 20-16;

(3) seventy-five dollars ($75.00) for an ignition interlock mouth contaminant review to determine compliance with the requirements of the Ignition Interlock Program and of a conditional restoration agreement with the Division;

(4) seventy dollars ($70.00) for ignition interlock medical accommodation reviews;

(5) one hundred dollars ($100.00) for all other license suspension or revocation hearings not listed in Subparagraphs (6) through (12) of this Paragraph including hearings held pursuant to G.S. 20-13 and 20-16;

(6) four hundred fifty dollars ($450.00) for hearings conducted for violations of an alcohol concentration restriction (ACR), violation of an ignition interlock device restriction, or refusal to submit to a chemical analysis;

(7) two hundred dollars ($200.00) for a financial responsibility hearing conducted pursuant to the provisions of the Motor Vehicle Safety-Responsibility Act of 1953;

(8) two hundred dollars ($200.00) for a hearing related to a commercial driver license (CDL) disqualification;

(9) two hundred dollars ($200.00) for a restoration hearing related to a license suspension due to driving while license revoked or moving violation;

(10) two hundred twenty-five dollars ($225.00) for an interview held prior to a license restoration hearing in situations involving alcohol-related convictions, suspensions, or revocations;

(11) four hundred twenty-five dollars ($425.00) for a license restoration hearing related to driving while impaired (DWI) conducted pursuant to G.S. 20-19;

(12) two hundred twenty dollars ($220.00) for hearings conducted to determine compliance with the requirements of probation or restoration agreement with the Division;

(13) two hundred dollars ($200.00) for a motor vehicle dealer license or salesman license hearing conducted pursuant to G.S. 20-295 and 20-296;

(14) two hundred dollars ($200.00) for a mechanic license or inspection station license hearing conducted pursuant to G.S. 20-183.8G;

(15) two hundred dollars ($200.00) for a commercial driver training school hearing;

(16) fifty dollars ($50.00) for a hearing related to the denial of a service offered by the Division; and

(17) a filing fee in the amount of six hundred dollars ($600.00) shall be due from a party initiating an action that must be filed with the Commissioner of Motor Vehicles pursuant to G.S. 20-308.1. In addition to the filing fee, a party that files a motion in the case shall be assessed a fee of six hundred dollars ($600.00) per motion that shall be payable at the time the motion is filed.

(b) No fees shall be charged for medical evaluation hearings or competency hearings conducted pursuant to G.S. 20-9(g)(4) or G.S. 20-17.1.

History

Authority S.L. 2015-241, s. 29.30A; S.L. 2014-100, s. 34.9; S.L. 2017-57, s. 34.32(a),(b),(c),(d)
Temporary Adoption Eff. January 1, 2018. (Codifier's Note: This Rule shall remain in effect until the permanent rule that replaces the temporary rule becomes effective. See S.L. 2017-57, s. 34.32(c)).

19A NCAC 03K .0103 Review of Denial for Ignition Interlock System

(a) The Division of Motor Vehicles shall develop a form affidavit containing the applicant's name, driver's license number, identification number, or customer number, and the requirements set forth in G.S. 20-179.5(c). The form affidavit shall be posted on the Division's website at www.ncdot.gov/dmv.

(b) Pursuant to G.S. 20-179.5(b), the vendor shall deliver the decision on the waiver application to the applicant via personal service or certified mail. Within 30 days of service of the decision of the vendor, the applicant shall submit a written appeal to the Division of Motor Vehicles setting forth the facts, arguments, and all documents as set out in G.S. 20-179.5 upon which the appeal is based. The appeal shall be served upon the agency's process agent to the Division via certified mail pursuant to G.S. 1A-1, Rule 4(j) of the Rules of Civil Procedure.

(c) Upon receipt of the written appeal, the Division shall review the written appeal and the vendor's decision, as well as any documents, exhibits, or other evidence bearing on the appeal, and shall render the final agency decision, supported by findings of fact. The final agency decision shall be given in accordance with G.S. 20-48.

History

Authority G.S. 20-2(b); 20-48; 20-179.5; S.L. 2021-182
Temporary Adoption Eff. May 27, 2022.

Chapter 04 Secretary of Transportation

Subchapter A

19A NCAC 04A .0101 Identifying Information

History

Status: repealed
Authority G.S. 143B-348; 143B-349
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 04A .0102 Duties and Functions of the Secretary of Transportation

The duties, functions, and responsibilities of the Secretary of Transportation, as head of a principal state department, are described in the General Statutes and in Section 19A NCAC 1A .0200.

History

Authority G.S. 143B-10; 143B-14; 143B-348
Eff. July 1, 1978
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 04A .0103 Advancement of Annual and Sick Leave

History

Status: repealed
Authority G.S. 143B-10(j); 143-2
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 04A .0104 Highway Traffic Ordinance Authority

(a) The Secretary of Transportation is delegated the authority by the Board of Transportation to adopt all necessary rules for the use of and to police traffic on state highways.

(b) The State Traffic Engineer is subdelegated the authority by the Secretary of Transportation to adopt all necessary rules for the use of and to police traffic on state highways, and to set, change or extend route numbers on the Primary highway system of North Carolina.

History

Authority G.S. 143B-350(f),(g)
Eff. July 1, 1978
Amended Eff. December 1, 1995; December 1, 1993; September 1, 1985
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 04A .0105 Bridge Weight Limitation

Any bridge that will not carry the maximum permissible statutory load limits shall have posted at each end of the bridge the gross weight limits as determined by the Chief Engineer or his designee.

History

Authority G.S. 143B-350; 136-72
Eff. July 1, 1978
Amended Eff. December 1, 2012; June 1, 1995; December 1, 1993; April 1, 1986
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 04A .0106 Light Traffic Roads

(a) The maximum axle weight permitted for any vehicle operated on a road designated as a "Light Traffic Road" shall be 13,000 pounds.

(b) The Division Engineer shall keep a record of all "Light Traffic Roads" in the respective division and the reason for such designations. He shall review the status of all "Light Traffic Roads" in the respective division at least annually for the purpose of recommending changes in the status of the roads.

(c) The restricted axle load limit of trucks and other vehicles on "Light Traffic Roads" does not raise the load limit posted on any bridge on the "Light Traffic Roads".

History

Authority G.S. 20-118(a)(5); 20-118(b)(4); 20-118(c)(4),(5); 20-118(d); 143B-350(f) and (g)
Eff. July 1, 1978
Amended Eff. December 1, 1993; April 1, 1986; April 1, 1984
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 04A .0107 Rules on Outdoor Advertising

The Secretary of Transportation is delegated the authority by the Board of Transportation to adopt all necessary rules to control and regulate outdoor advertising in accordance with related state and federal rules and statutes.

History

Authority G.S. 143B-350(f); 143B-350(g); 136-130
Eff. July 1, 1978
Amended Eff. December 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 04A .0108 Rules on Junkyards

The Secretary of Transportation is delegated the authority by the Board of Transportation to adopt all necessary rules to control and regulate junkyards in accordance with related state and federal rules and statutes.

History

Authority G.S. 143B-350(f); 143B-350(g); 136-151
Eff. July 1, 1978
Amended Eff. December 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 04A .0109 Rules Concerning Division of Motor Vehicles

The Secretary of Transportation is delegated the authority by the Board of Transportation to adopt all necessary rules concerning the Division of Motor Vehicles.

History

Authority G.S. 143B-350(f),(g)
Eff. July 2, 1979
Amended Eff. December 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

Subchapter B

19A NCAC 04B .0101 State Personnel Act

History

Status: expired
Authority G.S. 143B-10(j)
Eff. July 1, 1978
Expired Eff. November 1, 2015 pursuant to G.S. 150B-21.3A.

19A NCAC 04B .0102 Outside Employment

History

Status: repealed
Authority G.S. 143B-10(j); 126-4
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 04B .0103 Guidelines for Purchasing Temporary Service

History

Status: repealed
Authority G.S. 143B-10(j); 126-4
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 04B .0104 Employee Participation in Volunteer Emergency Services

History

Status: repealed
Authority G.S. 143B-10(j); 126-4
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 04B .0105 Effective Date: Reallocations and Promotions

History

Status: repealed
Authority G.S. 143B-10(j); 126-4
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 04B .0201 Complement

History

Status: repealed
Authority G.S. 143B-10(j); 126-4; 126-16
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 04B .0202 Placement Policy

History

Status: repealed
Authority G.S. 143B-10(j); 126-4; 126-16
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 04B .0203 Procedures for Maintaining Complement

History

Status: repealed
Authority G.S. 143B-10(j); 126-4; 126-16
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 04B .0301 Responsibility of Unit Head

History

Status: repealed
Authority G.S. 143B-10(j); 126-4; 126-4(9); 126-35; 126-36
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 04B .0302 Appeal to Employee Relations Committee

History

Status: repealed
Authority G.S. 143B-10(j); 126-4; 126-4(9); 126-35; 126-36
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 04B .0303 Appeal Procedure

History

Status: repealed
Authority G.S. 143B-10(j); 126-4; 126-4(9); 126-35; 126-36
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 04B .0304 Procedure for Appealing Discrimination Claims

History

Status: repealed
Authority G.S. 143B-10(j); 126-4; 126-4(9); 126-35; 126-36
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 04B .0305 Responsibility of Personnel Director

History

Status: repealed
Authority G.S. 143B-10(j); 126-4; 126-4(9); 126-35; 126-36
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 04B .0401 Policy

History

Status: repealed
Authority G.S. 143B-10(j); 126-4(9); 126-34
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 04B .0402 Purposes of Procedures

History

Status: repealed
Authority G.S. 143B-10(j); 126-4(9); 126-34
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 04B .0403 Discrimination

History

Status: repealed
Authority G.S. 143B-10(j); 126-4(9); 126-34
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 04B .0404 Chain of Command

History

Status: repealed
Authority G.S. 143B-10(j); 126-4(9); 126-34
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 04B .0405 Written Grievance Procedure Method

History

Status: repealed
Authority G.S. 143B-10(j); 126-4(9); 126-34
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 04B .0406 Filing Requirements

History

Status: repealed
Authority G.S. 143B-10(j); 126-4(9); 126-34
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 04B .0501 Hearings Procedures

History

Status: repealed
Authority G.S. 143B-10(j); 126-4(9); 126-34
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 04B .0502 Powers and Responsibilities: Employee Relations Committee

History

Status: repealed
Authority G.S. 143B-10(j); 126-4(9); 126-34
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 04B .0503 Rights and Privileges of Applicant or Aggrieved Employee

History

Status: repealed
Authority G.S. 143B-10(j); 126-4(9); 126-34
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 04B .0504 Waiver

History

Status: repealed
Authority G.S. 143B-10(j); 126-4(9); 126-34
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

Chapter 05 Administration

Subchapter A

19A NCAC 05A .0101 Availability of Vehicle Registration Records

History

Status: expired
Authority G.S. 20-39; 20-43; 20-50; 20-56; 143B-10
Eff. July 1, 1978
Amended Eff. November 1, 1991
Expired Eff. November 1, 2015 pursuant to G.S. 150B-21.3A.

19A NCAC 05A .0102 Fee Schedule

History

Status: expired
Authority G.S. 20-39; 20-43; 20-50; 20-56; 143B-10
Eff. July 1, 1978
Amended Eff. November 1, 1991
Expired Eff. November 1, 2015 pursuant to G.S. 150B-21.3A.

Subchapter B

19A NCAC 05B .0101 Fiscal Section Operations

The fiscal section operates under the Executive Budget Act, the Budget Manual of the Office of State Budget and Management (OSBM), and the Administrative Policies and Procedures Manual of the Office of State Controller (OSC). These guidelines and any subsequent amendments or editions of the same are incorporated herein by reference pursuant to G.S. 150B-21.6 as rules of the North Carolina Department of Transportation. The rules filed by OSBM and OSC control the operations of the fiscal section, except to the extent that the following rules within this Subchapter supplement those rules. Copies of the manuals or excerpts may be obtained from the Director of Administration at no cost.

History

Authority G.S. 143-1; 143-28; 143B-10; 143B-348; 143B-426.35 through 143B-426.39
Eff. July 1, 1978
Amended Eff. April 1, 1995; December 1, 1993; November 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05B .0102 Definitions

History

Authority G.S. 143B-10(j); 143B-348; 143-2
Eff. July 1, 1978
Amended Eff. December 1, 1993
Transferred and Recodified to 19A NCAC 5B .0209 Eff. May 1, 1994.

19A NCAC 05B .0103 Daily Interest Formula

History

Status: expired
Authority G.S. 143-2; 143B-10(j); 143B-348
Eff. July 1, 1978
Amended Eff. December 1, 1993; July 1, 1982
Expired Eff. November 1, 2015 pursuant to G.S. 150B-21.3A.

19A NCAC 05B .0104 Form of Remittance

All remittances for monies due the North Carolina Department of Transportation shall be made payable to the North Carolina Department of Transportation and shall include the division to which the monies are to be credited. For example, monies due the Division of Highways shall be drawn payable to the "North Carolina Department of Transportation -- Division of Highways."

History

Authority G.S. 143B-10(j); 143-2
Eff. July 1, 1978
Amended Eff. December 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05B .0105 Remittance for Group Health Insurance Coverage

History

Status: repealed
Authority G.S. 143-2; 143B-10(j)
Eff. July 1, 1978
Amended Eff. November 1, 1991
Repealed Eff. December 1, 1993.

19A NCAC 05B .0201 Pre-Award Audit: Financial Capabilities

All contracting firms, agencies, or recipients of grants or loans, except those whose contract was awarded as a result of the bidding process, state purchasing procedures, and local governments reporting under the Single Audit Act (Office of Management and Budget Circular A-128, "Audits of State and Local Governments"), who are entering into a contract or agreement with the Department of Transportation shall submit, if requested, to the External Audit Branch of the Department of Transportation their current balance sheet, income statement, chart of accounts, and any other data that may be determined to be necessary by the auditors, in order that the auditors may render an opinion as to whether the firm is financially capable of fulfilling the terms of the contract or agreement. The auditor's findings will be reported to the appropriate contracting officer.

History

Authority G.S. 143-2; 143B-10(j)
Eff. July 1, 1978
Amended Eff. December 1, 1993; November 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05B .0202 Pre-Award Audit: Accounting System

All contracting firms, agencies, or recipients of grants, except those whose contract was awarded as a result of the bidding process, state purchasing procedures, and those classified as local governments reporting under the Single Audit Act (Office of Management and Budget Circular A-128, "Audits of State and Local Governments"), shall allow their accounting systems to be reviewed by the External Audit Branch of the Department of Transportation in order that the auditors may determine that the accounting system is capable of segregating and maintaining costs applicable to the contract or agreement.

History

Authority G.S. 143-2; 143B-10(j)
Eff. July 1, 1978
Amended Eff. December 1, 1993; November 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05B .0203 Pre-Award Audit: Proposed Costs

Before a contract or agreement is executed, a pre-award audit may be performed by the External Audit Branch utilizing the historical costs of the proposing party to ascertain that the proposed charges are valid, reasonable, and allowable.

History

Authority G.S. 143B-10(j); 143-2
Eff. July 1, 1978
Amended Eff. December 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05B .0204 Desk or Field Audit

The determination as to whether an audit will be a "desk" audit or a "field" audit will be at the discretion of the auditor. The auditor's decision will be based on the complexity of the contract or agreement, prior experience with the firm, agency or recipient and the amount of information concerning the contracting firm that is available in the external audit branch's audit file.

History

Authority G.S. 143B-10(j); 143-2
Eff. July 1, 1978
Amended Eff. December 1, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05B .0205 Waiver of Airport Pre-Audit

History

Status: repealed
Authority G.S. 143B-10(j); 113-28.10
Eff. July 1, 1978
Repealed Eff. November 1, 1991.

19A NCAC 05B .0206 Information in Lieu of Airport Pre-Audit

History

Status: repealed
Authority G.S. 143B-10(j); 113-28.10
Eff. July 1, 1978
Repealed Eff. November 1, 1991.

19A NCAC 05B .0207 Partial: Interim: or Final Audit: Desk or Field

History

Status: repealed
Authority G.S. 143B-10(j); 143-2
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 05B .0208 Performance of Partial and Final Audits

History

Status: repealed
Authority G.S. 143B-10(j); 143-2
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 05B .0209 Definitions

The following terms are defined to mean:

(1) "Audit" is used to describe the following services performed in accordance with Government Auditing Standards of the U.S. General Accounting Office (GAO Yellow Book);

(a) A final audit of completed actual cost projects to determine that costs claimed by the contractor or grantee are allowable in accordance with governing regulations and the terms of the contract or agreement.

(b) An interim audit during the life of a project as the needs for such are determined by the Fiscal Section or the Contracting Officer.

(c) An overhead audit to determine what amount or rate of indirect costs may be included with direct charges to a project or grant.

(d) A post audit on completed lump-sum cost projects to determine a company's actual labor, overhead, non-salary direct cost and fee as compared to negotiated cost elements.

(e) A pre-award audit of the proposed costs included in a contract or agreement to determine that the rates for labor, material, equipment, and overhead are reasonable and allowable. A pre-award audit may also be performed to evaluate a company's accounting system or its financial capability.

(2) "Desk" is used to describe an audit which is performed by an auditor of the External Audit Branch in the branch's office. Information submitted by the auditee, prior audits, and information in the branch's files are utilized to perform the audit.

(3) "Field" is used to describe an audit which is performed at the office or job site of the contracting party and utilizes all accounts, records, journals, and documents that the auditee has maintained for the work.

(4) "Historical Costs" means the costs or expenses that have been incurred in prior years by a contractor or grantee.

History

Authority G.S. 143B-10(j); 143B-348; 143-2
Eff. July 1, 1978
Amended Eff. December 1, 1993
Transferred and Recodified from 19A NCAC 5B .0102 Eff. May 1, 1994
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05B .0301 Adoption of Federal Contract Guidelines

(a) In order to provide consistency and uniformity in the administration of all contracts, these the following guidelines including any subsequent amendments or editions of the same are hereby incorporated by reference as rules of the North Carolina Department of Transportation to be used as contract guidelines on non-federally funded projects. Policies in effect on the date a contract is entered into will govern the contract for the duration of the contract. Copies of the below listed items are available for inspection in the Office of the DOT Controller.

(b) The guidelines hereby incorporated are:

(1) Federal-Aid Highway Program Manual which is available at no cost from the N.C. DOT Design Services Branch, P.O. Box 25201, Raleigh, NC 27611:

Volume Chapter Section Subsection

1 4 3 Reimbursement for railroad

work - Issued 8-5-88

1 4 5 Payroll and related expense of

public employees; general administration and other overhead; and cost accumulation centers and distribution methods - Issued 1-26-81

1 7 2 Administration of negotiated

contracts – Issued 1-21-80

4 1 2 Administration of highways

planning projects - Issued 11-5-86

6 6 3 1 Utility relocations, adjustments

and reimbursements - Issued 11-11-88

(2) Code of Federal Regulations which is available from the US Government Printing Office, Washington, DC 20402. The cost for Title 48 Part 31.2 is thirty one dollars ($31.00). The cost for Title 49 Part 18 is twenty dollars ($20.00). The cost for Title 23 Part 172 is eighteen dollars ($18.00):

Title 48 Part 31.2 Contracts with commercial organizations – Issued 4-28-89

Title 49 Part 18 Uniform administrative requirements for grants and cooperative agreements with state and local governments (USDOT Common Rule) - Issued 3-11-88

Title 23 Part 172 Administration of Engineering and Design related services contracts -- Issued 4-30-91

(3) Office of Management and Budget Circulars which are available from OMB Publications Office, Washington, DC 20503 at no cost:

OMB Circular A-21 Cost principles for educational institutions -- Issued 3-6-79

OMB Circular A-87 Cost principles for state and local governments -- Issued 1-1-81

OMB Circular A-102, Attachment A-O Uniform administrative requirement for grants-in-aid to state and local governments -- Issued 1-1-81

OMB Circular A-102 (Revised) Grants and cooperative agreements with state and local governments -- Issued 3-11-88

OMB Circular A-110 Grants and agreements with institutions of higher education, hospitals and other non-profit organizations -- Issued 7-1-76

OMB Circular A-122 Cost principles for non-profit organizations - Issued 7-80

OMB Circular A-128 Audits of state and local governments - Issued 4-12-85

OMB Circular A-133 Audits of institutions of higher education and other non-profit organizations -- Issued 3-8-90

OMB Compliance Supplements USDOT Programs only - Issued 9-90

(4) Federal Transportation Administration Circulars which are available from FTA Publications Office, Washington, DC 20590 at no cost:

FTA C 4220.1B Third party contracting guidelines - Issued 5-5-88

FTA C 5700.1 Requirements and responsibilities indirect cost proposals/cost allocation plans for technical studies and capital grants-- Issued 5-24-83

FTA C 7005.1 Documentation of private enterprise participation required for Section 3 & 9 programs - Issued 12-5-86

FTA C 7010.1 Capital cost of contracting - Issued 12-5-86

(5) Department of Treasury Circular which is available at no cost from the N.C. DOT External Audit Branch, P.O. Box 25201, Raleigh, NC 27611:

Circular 1075.1 Part 205 Withdrawal of cash from the Treasury for advances under Federal grant and other programs - Issued 10-14-77

(6) Federal Single Audit Act issued 10-11-84 (P.L. 98-502), which is available from GAO Document Center, Washington, DC 20548 at no cost.

History

Authority G.S. 143B-10; 143B-348
Eff. July 1, 1978
Amended Eff. December 1, 1993; November 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05B .0302 Adoption of Federal Audit Guidelines

History

Status: repealed
Authority G.S. 143B-10(j)
Eff. July 1, 1978
Repealed Eff. November 1, 1991.

19A NCAC 05B .0303 Adoption of U.m.t.a Audit Guidelines

History

Status: repealed
Authority G.S. 143B-10(j)
Eff. July 1, 1978
Repealed Eff. November 1, 1991.

19A NCAC 05B .0401 Pl 112 Funds: Certification of Annual Budgets

History

Status: repealed
Authority G.S. 143B-10(j); 136-18(12)
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 05B .0402 Pl 112 Funds: Certification of Expenditures

History

Status: repealed
Authority G.S. 143B-10(j); 136-18(12)
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 05B .0501 Moving Policy

History

Status: repealed
Authority G.S. 143-2; 143B-10(j)
Eff. July 1, 1978
Amended Eff. November 1, 1991
Repealed Eff. December 1, 1993.

19A NCAC 05B .0502 Moving Policy: Moving Packet

History

Status: repealed
Authority G.S. 143-2; 143B-10(j)
Eff. July 1, 1978
Repealed Eff. November 1, 1991.

19A NCAC 05B .0503 Moving Policy: Authorization to Move Form (601-Exp)

History

Status: repealed
Authority G.S. 143-2; 143B-10(j)
Eff. July 1, 1978
Repealed Eff. November 1, 1991.

19A NCAC 05B .0504 Moving Policy: Moving Quotation Form (602-Exp)

History

Status: repealed
Authority G.S. 143B-10(j); 143-2
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

Subchapter C

19A NCAC 05C .0101 Discretionary Limitations

History

Status: repealed
Authority G.S. 143B-10(j)
Eff. July 1, 1978
Repealed Eff. December 29, 1993.

19A NCAC 05C .0102 Procedure

History

Status: repealed
Authority G.S. 143B-10(j)
Eff. July 1, 1978
Repealed Eff. December 29, 1993.

19A NCAC 05C .0103 Vendor Selection

History

Status: repealed
Authority G.S. 143B-10(j)
Eff. July 1, 1978
Repealed Eff. December 29, 1993.

19A NCAC 05C .0201 Limitations

History

Status: repealed
Authority G.S. 143B-10(j); 136-28.1(b)
Eff. July 1, 1978
Repealed Eff. December 29, 1993.

19A NCAC 05C .0202 Letter Form

History

Status: repealed
Authority G.S. 143B-10(j); 136-28.1(b)
Eff. July 1, 1978
Repealed Eff. December 29, 1993.

19A NCAC 05C .0203 Content of Form Letter

History

Status: repealed
Authority G.S. 143B-10(j); 136-28.1(b)
Eff. July 1, 1978
Repealed Eff. December 29, 1993.

19A NCAC 05C .0204 Vendor Selection

History

Status: repealed
Authority G.S. 143B-10(j); 136-28.1(b)
Eff. July 1, 1978
Repealed Eff. December 29, 1993.

19A NCAC 05C .0301 Advertisement

History

Status: repealed
Authority G.S. 143B-10(j); 146-25.1
Eff. July 1, 1978
Repealed Eff. December 29, 1993.

19A NCAC 05C .0302 Proposals

History

Status: repealed
Authority G.S. 143B-10(j); 146-25.1
Eff. July 1, 1978
Repealed Eff. December 29, 1993.

19A NCAC 05C .0303 Compilation and Tabulation Procedure

History

Status: repealed
Authority G.S. 143B-10(j); 146-25.1
Eff. July 1, 1978
Repealed Eff. December 29, 1993.

19A NCAC 05C .0304 Awarding Procedure

History

Status: repealed
Authority G.S. 143B-10(j); 146-25.1
Eff. July 1, 1978
Repealed Eff. December 29, 1993.

19A NCAC 05C .0401 Purpose

History

Status: repealed
Authority G.S. 143B-10(j); 136-28.1(e)
Eff. July 1, 1978
Repealed Eff. December 29, 1993.

19A NCAC 05C .0402 Procedure

History

Status: repealed
Authority G.S. 143B-10(j); 136-28.1(e)
Eff. July 1, 1978
Repealed Eff. December 29, 1993.

19A NCAC 05C .0501 Purpose

The purpose of blanket ordering shall be to provide a convenient manner of purchasing on a continuous, as needed, basis from one official written order. It shall provide a mutual understanding with a vendor that an indefinite quantity of items shall be obtained against this order for an indefinite period of time. Blanket orders shall be issued upon the discretion of the purchasing office as correlated to the supply and demand factors.

History

Authority G.S. 143B-10(j)
Eff. July 1, 1978
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05C .0502 Negotiation Procedure

A purchasing officer may make arrangements for the establishment of a blanket order with a vendor. The vendor shall agree to allow a DOT representative to obtain items from his stock upon request with the understanding that charges will be incurred periodically against a provided charge on the blanket order form.

History

Authority G.S. 143B-10(j)
Eff. July 1, 1978
Amended Eff. December 29, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05C .0503 Invoicing

Each vendor shall effect billing procedures on a periodical basis to cover those charges incurred against a given blanket order over a preceding given period. The vendor shall submit invoices in triplicate to the end user who shall in turn acknowledge validity and approval of same.

History

Authority G.S. 143B-10(j)
Eff. July 1, 1978
Amended Eff. December 29, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05C .0601 Markings and Labels

Each shipment to the Department shall be properly marked to the attention of the individual indicated on the purchase order form, plainly labeled with the respective order number and requisition number.

History

Authority G.S. 143B-10(j)
Eff. July 1, 1978
Amended Eff. December 29, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05C .0602 Shipment States Specifics

All shipments to the Department, unless indicated otherwise, shall be shipped prepaid. Shipments to the Department shall be refused if made on a C.O.D. basis.

History

Authority G.S. 143B-10(j)
Eff. July 1, 1978
Amended Eff. December 29, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05C .0603 Packing Slips: Bill of Lading: Shipping Manifest

Each shipment to the Department must be accompanied with a packing slip or bill of lading to provide shipment identity and content. Any notation of shortage shall be entered on this document with acknowledgement by the truck driver's signature.

History

Authority G.S. 143B-10(j)
Eff. July 1, 1978
Amended Eff. December 29, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05C .0701 Invoice Requirements

Each invoice submitted to DOT shall be rendered in triplicate, reflecting the respective order number, requisition number, and terms of payment. Submission shall be directly to the DOT purchasing section. Each invoice submitted to DOT shall be accompanied by an original bill of lading when shipment is made by freight or express, a signed delivery receipt when delivery is made by messenger or truck, or a statement of the fact if shipment made by UPS. Drafts or statement forms are non-acceptable.

History

Authority G.S. 143B-10(j)
Eff. July 1, 1978
Amended Eff. December 29, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05C .0702 Computed Discounts

Time, in connection with discount offered, shall be computed from date of delivery of supplies or materials to carrier when final inspection and acceptance are at the point of origin or from date of delivery at destination when final inspection and acceptance are at those points, or from date final correct invoice is received on complete order if latter is later than the date of delivery.

History

Authority G.S. 143B-10(j)
Eff. July 1, 1978
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05C .0703 Remittance: Report Contingency

Remittance of payment for invoice received shall be contingent on a report submitted by the end user declaring total receipt and satisfaction of delivery. Until this acknowledgement is provided, payment procedures will not be undertaken.

History

Authority G.S. 143B-10(j)
Eff. July 1, 1978
Amended Eff. December 29, 1993
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

Subchapter D

19A NCAC 05D .0101 Federal Highway Safety Act

History

Status: repealed
Authority G.S. 143B-360; 147-12; 23 U.S.C. 402; Federal Management Circular 74-4; Federal Management Circular 74-7
Eff. July 1, 1978
Amended Eff. November 1, 1991
Repealed Eff. January 1, 1994 pursuant to 1991 S.L., c. 477, s. 3
Transferred and Recodified from 19A NCAC 3H .0100 Eff. January 1, 1999.

19A NCAC 05D .0102 Highway Safety Standards

History

Status: repealed
Authority G.S. 143B-360; 147-12; 23 U.S.C. 402; Federal Management Circular 74-4; Federal Management Circular 74-7
Eff. July 1, 1978
Amended Eff. November 1, 1991
Repealed Eff. January 1, 1994 pursuant to 1991 S.L., c. 477, s. 3
Transferred and Recodified from 19A NCAC 3H .0100 Eff. January 1, 1999.

19A NCAC 05D .0103 Establishment of a Highway Safety Program

History

Status: repealed
Authority G.S. 143B-360; 147-12; 23 U.S.C. 402; Federal Management Circular 74-4; Federal Management Circular 74-7
Eff. July 1, 1978
Amended Eff. November 1, 1991
Repealed Eff. January 1, 1994 pursuant to 1991 S.L., c. 477, s. 3
Transferred and Recodified from 19A NCAC 3H .0100 Eff. January 1, 1999.

19A NCAC 05D .0104 Grant-in-Aid to State and Local Governments

History

Status: repealed
Authority G.S. 143B-360; 147-12; 23 U.S.C. 402; Federal Management Circular 74-4; Federal Management Circular 74-7
Eff. July 1, 1978
Amended Eff. November 1, 1991
Repealed Eff. January 1, 1994 pursuant to 1991 S.L., c. 477, s. 3
Transferred and Recodified from 19A NCAC 3H .0100 Eff. January 1, 1999.

19A NCAC 05D .0105 Cost Principles Applicable to Grants and Contracts

History

Status: repealed
Authority G.S. 143B-360; 147-12; 23 U.S.C. 402; Federal Management Circular 74-4; Federal Management Circular 74-7
Eff. July 1, 1978
Amended Eff. November 1, 1991
Repealed Eff. January 1, 1994 pursuant to 1991 S.L., c. 477, s. 3
Transferred and Recodified from 19A NCAC 3H .0100 Eff. January 1, 1999.

19A NCAC 05D .0106 Organization

History

Status: repealed
Authority G.S. 143B-360; 147-12; 23 U.S.C. 402; Federal Management Circular 74-4; Federal Management Circular 74-7
Eff. July 1, 1978
Amended Eff. November 1, 1991
Repealed Eff. January 1, 1994 pursuant to 1991 S.L., c. 477, s. 3
Transferred and Recodified from 19A NCAC 3H .0100 Eff. January 1, 1999.

19A NCAC 05D .0201 Application for Highway Safety Project Contract

(a) State agencies and local governments desiring funding for a highway safety project, shall submit the form GHSP-D-03 to the Governor's Highway Safety Program.

(b) The Governor's Highway Safety Program shall review the application for funding and determine if the proposed project will be funded through the Governor's Highway Safety Program. The following is the funding criteria:

(1) eligibility of the project as determined by the Federal Highway Safety Standards (Public Law 89.564), which are hereby incorporated by reference;

(2) project priority based upon the highway safety needs of North Carolina and the monies available for project funding;

(3) the projected highway safety benefits to be realized from the project; and

(4) the estimated project cost in relation to the proposed work to be accomplished, equipment purchased, and other costs.

(c) Following the Governor's Highway Safety Program review of the application, applicants shall be notified of the results by a Governor's Highway Safety Program staff member.

History

Authority G.S. 136-18(5) and (12); 143B-357; 143B-360
Eff. July 1, 1978
Amended Eff. December 1, 1993; November 1, 1991; February 1, 1982
Transferred and Recodified from 19A NCAC 3H .0200 Eff. January 1, 1999
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05D .0202 Local Government Application for Speed Measuring Device

History

Status: repealed
Authority G.S. 143B-357; 143B-360
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. November 1, 1991
Transferred and Recodified from 19A NCAC 3H .0200 Eff. January 1, 1999.

19A NCAC 05D .0203 Application for Alcohol Breath Testing Device

History

Status: repealed
Authority G.S. 143B-357; 143B-360
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. November 1, 1991
Transferred and Recodified from 19A NCAC 3H .0200 Eff. January 1, 1999.

19A NCAC 05D .0204 Application for Enrollment in Police Training Courses

History

Status: expired
Authority G.S. 136-18(5) and (12); 143B-357; 143B-360
Eff. July 1, 1978
Amended Eff. December 1, 1993; February 1, 1982
Transferred and Recodified from 19A NCAC 3H .0200 Eff. January 1, 1999
Expired Eff. November 1, 2015 pursuant to G.S. 150B-21.3A.

19A NCAC 05D .0205 Quarterly Progress Reports

All project contractors receiving grants from the Governor's Highway Safety Program must submit progress reports at 90-day intervals. Projects not submitting progress reports within 15 days following the end of a quarter are subject to having reimbursements withheld until compliance is satisfactorily achieved.

History

Authority G.S. 136-18(5) and (12); 143B-357; 143B-360
Eff. July 1, 1978
Amended Eff. December 1, 1993; November 1, 1991; February 1, 1982
Transferred and Recodified from 19A NCAC 3H .0200 Eff. January 1, 1999
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05D .0206 Traffic Enforcement Activity Report

History

Status: repealed
Authority G.S. 143B-360
Eff. July 1, 1978
Repealed Eff. November 1, 1991
Transferred and Recodified from 19A NCAC 3H .0200 Eff. January 1, 1999.

19A NCAC 05D .0207 On Site Project Report

The Governor's Highway Safety Program, at its discretion, may perform quarterly on-site monitoring of all aspects of projects funded by it.

History

Authority G.S. 136-18(5) and (12); 143B-357; 143B-360
Eff. July 1, 1978
Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982
Transferred and Recodified from 19A NCAC 3H .0200 Eff. January 1, 1999
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05D .0208 Final Accomplishment Report

All project contractors receiving grants from the Governor's Highway Safety Program must submit to the Governor's Highway Safety Program a final accomplishment report on Form GHSP-D-10 within 30 days of the termination of the contract unless otherwise directed. Failure to comply may jeopardize future funding and may result in withholding of reimbursement claims.

History

Authority G.S. 136-18(5) and (12); 143B-357; 143B-360
Eff. July 1, 1978
Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982
Transferred and Recodified from 19A NCAC 3H .0200 Eff. January 1, 1999
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05D .0209 Application for Federal Grant for Ambulance Vehicle

History

Status: repealed
Authority G.S. 143B-360
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. November 1, 1991
Transferred and Recodified from 19A NCAC 3H .0200 Eff. January 1, 1999.

19A NCAC 05D .0210 Application for Federal Grant for Police Vehicle

History

Status: repealed
Authority G.S. 143B-360
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. November 1, 1991
Transferred and Recodified from 19A NCAC 3H .0200 Eff. January 1, 1999.

19A NCAC 05D .0211 Availability of Governor's Highway Safety Program Forms

All of the Governor's Highway Safety Program forms cited under the rules in this Section are obtainable from the Office of Highway Safety Program at:

Motor Vehicles Building

1100 New Bern Avenue

Raleigh, NC 27697

Handy House

215 E. Lane Street

Raleigh, NC 27601

History

Authority G.S. 136-18(5), (12); 143B-357; 143B-360
Eff. July 1, 1978
Amended Eff. November 1, 1991; February 1, 1982
Transferred and Recodified from 19A NCAC 3H .0200 Eff. January 1, 1999
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05D .0301 Claim for Reimbursement

(a) Highway safety project contractors' claims for reimbursement for a state government project or a local government project shall be initiated by filing a Cost Summary Statement form with the Governor's Highway Safety Program.

(b) Reimbursement of costs incurred by state or local personnel while attending schools or training courses directly contracted by the Governor's Highway Safety Program may be initiated by filing a summary statement form GHSP-05, GHSP-06 with the Governor's Highway Safety Program.

History

Authority G.S. 136-18(5) and (12); 143B-357; 143B-360
Eff. July 1, 1978
Amended Eff. December 1, 1993; November 1, 1991; February 1, 1982
Transferred and Recodified from 19A NCAC 3H .0300 Eff. January 1, 1999
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05D .0302 Supportive Claim

All project contractors receiving grants from the Governor's Highway Safety Program and submitting claims for reimbursement must also furnish other supporting information as deemed necessary by the Governor's Highway Safety Program.

History

Authority G.S. 136-18(5) and (12); 143-129; 143B-357; 143B-360
Eff. July 1, 1978
Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982
Transferred and Recodified from 19A NCAC 3H .0300 Eff. January 1, 1999
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05D .0303 Request for Reimbursement Audit

All project contractors receiving grants from the Governor's Highway Safety Program and submitting requests for reimbursement will be audited by a Department of Transportation Auditor before the Governor's Highway Safety Program reimburses the applicant agency.

History

Authority G.S. 136-18(5) and (12); 143B-357; 143B-360
Eff. July 1, 1978
Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982
Transferred and Recodified from 19A NCAC 3H .0300 Eff. January 1, 1999
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05D .0401 Verification of Adherence to Purchasing Procedures

History

Status: expired
Authority G.S. 136-18(5) and (12); 143-52; 143-53; 143-53.1; 143-54; 143B-357; 143B-360; 143-129
Eff. July 1, 1978
Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982
Transferred and Recodified from 19A NCAC 3H .0400 Eff. January 1, 1999
Expired Eff. November 1, 2015 pursuant to G.S. 150B-21.3A.

19A NCAC 05D .0402 Nonexpendable Property Accountability Record

Project contractors receiving grants from the Governor's Highway Safety Program and purchasing nonexpendable equipment must submit the necessary forms as directed by the Governor's Highway Safety Program with the claim of reimbursement.

History

Authority G.S. 136-18(5) and (12); 143B-357; 143B-360
Eff. July 1, 1978
Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982
Transferred and Recodified from 19A NCAC 3H .0400 Eff. January 1, 1999
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05D .0403 Disposition of Nonexpendable Equipment

Project contractors receiving grants from the Governor's Highway Safety Program and disposing of nonexpendable equipment must request permission from the Governor's Highway Safety Program to do so on Form GHSP-A-13(R) indicating the equipment and the method of proposed disposition.

History

Authority G.S. 136-18(5) and (12); 143B-357; 143B-360
Eff. July 1, 1978
Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982
Transferred and Recodified from 19A NCAC 3H .0400 Eff. January 1, 1999
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 05D .0404 Status of Nonexpendable Equipment

History

Status: expired
Authority G.S. 136-18(5) and (12); 143B-357; 143B-360
Eff. July 1, 1978
Amended Eff. January 1, 1994; November 1, 1991; February 1, 1982
Transferred and Recodified from 19A NCAC 3H .0400 Eff. January 1, 1999
Expired Eff. November 1, 2015 pursuant to G.S. 150B-21.3A.

19A NCAC 05D .0501 Police Vehicle Specifications

History

Status: repealed
Authority G.S. 143B-360
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. November 1, 1991
Transferred and Recodified from 19A NCAC 3H .0500 Eff. January 1, 1999.

19A NCAC 05D .0502 Ambulance Specifications

History

Status: repealed
Authority G.S. 143B-360
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. November 1, 1991
Transferred and Recodified from 19A NCAC 3H .0500 Eff. January 1, 1999.

19A NCAC 05D .0503 Standard Van Ambulance Type Ii Specifications

History

Status: repealed
Authority G.S. 143B-360
Eff. July 1, 1978
Repealed Eff. February 1, 1982
Transferred and Recodified from 19A NCAC 3H .0500 Eff. January 1, 1999.

19A NCAC 05D .0504 Ambulance Vehicle Inspection

History

Status: repealed
Authority G.S. 143B-360
Eff. July 1, 1978
Amended Eff. February 1, 1982
Repealed Eff. November 1, 1991
Transferred and Recodified from 19A NCAC 3H .0500 Eff. January 1, 1999.

Chapter 06 Transit, Rail, and Aviation

Subchapter A

19A NCAC 06A .0101 Definition

History

Status: repealed
Authority G.S. 143B-346; 143B-10(j)
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 06A .0102 Study Coordination

History

Status: repealed
Authority G.S. 143B-346; 143B-10(j)
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

Subchapter B

19A NCAC 06B .0101 Definition

The term "public transportation" as used in this Subchapter means transportation by bus, rail, or other conveyance, either publicly or privately owned, which provides to the public general or special service on a regular and continuing basis. The term "public transportation" does not include school buses or charter or sight-seeing service.

History

Authority G.S. 136-44.20; 143B-348
Eff. July 1, 1978
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 06B .0102 Lead State Agency

History

Status: repealed
Authority G.S. 136-44.20
Eff. July 1, 1978
Repealed Eff. November 1, 1991.

19A NCAC 06B .0103 Director of Public Transportation

History

Status: repealed
Authority G.S. 136-44.20
Eff. July 1, 1978
Repealed Eff. November 1, 1991.

19A NCAC 06B .0201 Eligibility

(a) Public Agencies. State and local public agencies are eligible to receive technical assistance on all aspects of public transportation. These agencies include:

(1) municipalities, or other political subdivisions of the state;

(2) public agencies and instrumentalities of one or more municipalities, or of other political subdivisions of the state;

(3) public corporations, boards, and commissions established under state law; and

(4) public institutions of higher learning.

(b) Private Organizations. Private public transportation companies, private non-profit corporations providing public transportation services, and private non-profit institutions of higher learning are eligible to receive technical assistance on all aspects of public transportation providing the requests for such assistance are made on their behalf by eligible public agencies.

History

Authority G.S. 136-44.20; 143B-348
Eff. July 1, 1978
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 06B .0202 Assistance in Preparing Grant Applications

Eligible public agencies may receive assistance in the preparation of applications for grants of state and federal public transportation funds. Requests for assistance shall be made in writing to the Department of Transportation stating the nature of the assistance required. The offer of assistance is made contingent upon the availability of staff.

History

Authority G.S. 136-44.20; 143B-348
Eff. July 1, 1978
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 06B .0203 Assistance in Conducting Planning and Management Studies

Eligible public agencies may receive assistance on technical matters during the conduct of public transportation planning and management studies. Requests for assistance shall be made to the Department of Transportation prior to the start of the study and the requests shall state the nature of the technical assistance. The offer of assistance is made contingent upon the availability of staff.

History

Authority G.S. 136-44.20; 143B-348
Eff. July 1, 1978
Amended Eff. November 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 06B .0204 Assistance in Operational Techniques

Eligible public agencies may receive advice on administrative and operational aspects of public transportation systems that have received state or federal financial assistance. Requests for assistance shall be made in writing to the Department of Transportation stating the nature of the assistance. The offer of assistance is made contingent upon the availability of staff.

History

Authority G.S. 136-44.20; 143B-348
Eff. July 1, 1978
Amended Eff. November 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 06B .0205 Assistance in Training Activities

Eligible agencies may receive training assistance on operational and administrative aspects of public transportation systems. Requests for assistance shall be in writing to the Department of Transportation stating the nature of the assistances. The offer of assistance is made contingent upon the availability of staff.

History

Authority G.S. 136-44.20; 143B-348
Eff. November 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 06B .0301 Eligibility

(a) Public Agencies. State and local public agencies are eligible to receive financial assistance from state and federal public transportation programs. These agencies include:

(1) municipalities, or other political subdivisions of the state;

(2) public agencies and instrumentalities of one or more municipalities, or of other political subdivisions of the state;

(3) public corporations, boards, and commissions established under state law; and

(4) public institutions of higher learning.

(b) Private Organizations. Private public transportation companies, private non-profit corporations providing public transportation services, and private non-profit institutions of higher learning are eligible to receive state and federal financial assistance providing the request for financial assistance is endorsed by resolution of the local public body. Such financial assistance may be made directly to the private organization or may be channeled through an eligible public agency.

History

Authority G.S. 136-44.20; 143B-348
Eff. July 1, 1978
Amended Eff. February 1, 1980
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 06B .0302 Financial Assistance for Planning and Management

Eligible agencies may receive state and/or federal funds for the planning, management, engineering, design, and evaluation of public transportation projects. Requests for state financial assistance shall be made in writing to the Department of Transportation.

History

Authority G.S. 136-44.20; 143B-10(j)
Eff. July 1, 1978
Amended Eff. November 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 06B .0303 Financial Assistance for Capital Improvements

Eligible agencies may receive state and federal financial assistance in financing the acquisition, construction, reconstruction, and improvement of facilities and equipment for use, by operation or lease or otherwise, in public transportation services. Requests for state and federal financial assistance shall be made in writing to the Department of Transportation.

History

Authority G.S. 136-44.20; 143B-348
Eff. July 1, 1978
Amended Eff. November 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 06B .0304 Financial Operating Assistance

Eligible agencies may receive state and federal financial assistance in financing either the operation of public transportation service or projects of limited duration which demonstrate innovative approaches in the provision of local or area-wide public transportation services. Requests for state and federal financial assistance shall be made in writing to the Department of Transportation.

History

Authority G.S. 143B-10(j); 136-44.20
Eff. July 1, 1978
Amended Eff. November 1, 1991
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 06B .0401 Definition of Program

For purposes of this Subchapter, the following definitions shall apply:

(1) The term "Rail Industrial Access Program" or "RIAP" means the Department of Transportation program which provides funding to cover a portion of the costs of constructing or rehabilitating railroad industrial access tracks to serve a new or expanded industry.

(2) "Department" means the North Carolina Department of Transportation.

(3) "Grantee" means the entity which receives a RIAP grant from DOT.

(4) "Project" means the construction of a railroad track and related facilities under the RIAP.

History

Authority G.S. 136-44.36; 143B-350(f) and (g)
Eff. April 30, 1997
Amended Eff. April 1, 1999
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 06B .0402 Identifying Information

Information related to RIAP may be obtained from:

Branch Manager, Planning and Development

North Carolina Department of Transportation

(Mail) 1553 Mail Service Center

Raleigh, NC 27699-1553

(Delivery) 1 South Wilmington Street

Raleigh, NC 27601

Telephone 919-707-4700

http://www.ncbytrain.org/projects/industrial/default.html

History

Authority G.S. 136-44.36; 143B-348
Eff. April 30, 1997
Readopted Eff. December 1, 2016.

19A NCAC 06B .0403 Eligible Grantees

The following organizations shall be eligible to apply for Rail Industrial Access Funding:

(1) Municipal and county governments;

(2) Non-profit or for-profit community development organizations;

(3) Railroads; and

(4) Industries.

History

Authority G.S. 136-44.36; 143B-350(f) and (g)
Eff. April 30, 1997
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 06B .0404 Eligible Costs

Costs eligible for RIAP funding are as follows:

(1) Reasonable engineering costs;

(2) Site preparation, including necessary grading and drainage to construct track(s);

(3) Track construction;

(4) Switches; and

(5) Grade crossings and signals.

History

Authority G.S. 136-44.36; 143B-350(f) and (g)
Eff. April 30, 1997
Amended Eff. April 1, 1999
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 06B .0405 Ineligible Costs

Costs which are not eligible for RIAP program costs are as follows:

(1) Relocation of utilities;

(2) Acquisition of rights of way; and

(3) Rail dock.

History

Authority G.S. 136-44.36; 143B-348
Eff. April 30, 1997
Amended Eff. April 1, 1999
Readopted Eff. December 1, 2016.

19A NCAC 06B .0406 Application

Candidates for RIAP funding shall complete and submit a funding application as specified in Rule .0410 of this Section to the Department of Transportation. Copies of the application may be obtained from:

Branch Manager, Planning and Development

North Carolina Department of Transportation

(Mail) 1553 Mail Service Center

Raleigh, NC 27699-1553

(Delivery) 1 South Wilmington Street

Raleigh, NC 27601

Telephone 919-707-4700

History

Authority G.S. 136-44.36; 143B-348
Eff. April 30, 1997
Readopted Eff. December 1, 2016.

19A NCAC 06B .0407 County and City Certification

An applicant shall provide a certified copy of the resolution of support from the county and city government (if applicable) to the Department. An interim letter of support may be accepted pending receipt of a formal resolution.

History

Authority G.S. 136-44.36; 143B-350(f) and (g)
Eff. April 30, 1997
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 06B .0408 Required Easement Certifications

A property easement certification shall be provided by the applicant with the completed application that provides written assurance that all required easements have or will be obtained.

History

Authority G.S. 136-44.36; 143B-350(f) and (g)
Eff. April 30, 1997
Pursuant to G.S. 150B–21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 06B .0409 Industry Certification

The industry shall certify that it will provide the jobs and rail traffic (annual carloads) indicated in the project application.

History

Authority G.S. 136-44.36; 143B-350(f) and (g)
Eff. April 30, 1997
Amended Eff. April 1, 1999
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 06B .0410 Application Evaluation

The Department shall evaluate the following when recommending rail projects to the Board of Transportation for approval:

(1) Employment created by the project during the first two years;

(2) Capital investment in the project during the first two years;

(3) Annual rail traffic created by the project;

(4) Whether the project is served by a shortline railroad; and

(5) Impact on local or regional income or economic development.

History

Authority G.S. 136-44.36; 143B-348
Eff. April 30, 1997
Amended Eff. April 1, 1999
Readopted Eff. December 1, 2016.

19A NCAC 06B .0411 Allocation of Funding

(a) After evaluation of public benefits, including new employment, capital investment, and available funding, the Department may award up to a maximum 50 percent of total project costs. Except as provided in Paragraph (b) of this Rule, a project shall receive no more than 20 percent of the total RIAP budget allocated for the RIAP in any fiscal year.

(b) The North Carolina Board of Transportation may approve funding above the maximum for individual projects based on the following criteria:

(1) Comparison of project costs, benefits, and grantee resources; and

(2) Availability of funding.

History

Authority G.S. 136-44.36; 143B-348
Eff. April 30, 1997
Readopted Eff. December 1, 2016.

19A NCAC 06B .0412 Procurements

History

Status: repealed
Authority G.S. 136-44.36; 143-129; 143B-350(f) and (g)
Eff. April 30, 1997
Repealed Eff. April 1, 1999.

19A NCAC 06B .0413 Requests for Reimbursement

(a) Upon execution of the Grant Agreement, the Grantee shall be required by the Project Manager or Grants Administrator to submit periodic progress reports to the Department until the project tracks are completed.

(b) The Department shall not reimburse the Grantee for eligible expenses until the Department verifies completion of the project tracks, the railroad certifies that it has used the project tracks, or the Department confirms that the railroad has used the project tracks.

(c) The Grantee shall submit one itemized request that includes project information, sponsor, amount due, and contact information for reimbursement to the Department upon completion of project work at the following address:

Rail Planning Manager

Rail Industrial Access Program

North Carolina Department of Transportation

(Mail) 1553 Mail Service Center

Raleigh, NC 27699-1553

(Delivery) 1 South Wilmington Street

Raleigh, NC 27601

Telephone 919-707-4700

(d) The Department shall examine the request for reimbursement to verify that the costs were necessary to accomplish the project.

History

Authority G.S. 143B-348
Eff. April 30, 1997
Amended Eff. April 1, 1999
Readopted Eff. December 1, 2016.

19A NCAC 06B .0414 Retainage

History

Status: repealed
Authority G.S. 143B-350(f) and (g)
Eff. April 30, 1997
Repealed Eff. April 1, 1999.

19A NCAC 06B .0415 Ownership and Maintenance Responsibility

(a) Once constructed, all rail industrial access tracks shall be owned by the Grantee or by the industry served.

(b) After construction, the track owner shall be responsible for maintaining the project tracks.

History

Authority G.S. 136-44.36; 143B-350(f) and (g)
Eff. April 30, 1997
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 06B .0416 Reporting Requirements

The grant recipient shall report to the Department as follows:

(1) After each of the first two years following completion, the grant recipient shall provide information verifying the industry's employment as indicated in the project application and industry certification;

(2) For the first five years following project completion, the grant recipient shall provide verification of the industry's rail use as indicated in the project application and industry certification.

History

Authority G.S. 136-44.36; 143B-350(f) and (g)
Eff. April 30, 1997
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 06B .0417 Repayment

(a) If within five years the project tracks are abandoned, relocated, or sold without the consent of the Department, the track owner shall repay the Department the state's contribution to the cost of construction and materials.

(b) The Grantee may also be required to repay the Department if:

(1) During the first five years rail use falls below the goal levels specified in the industry certification;

(2) Job goals (as specified in the industry certification) for the first two years are not met.

History

Authority G.S. 136-44.36; 143B-350(f) and (g)
Eff. April 30, 1997
Amended Eff. April 1, 1999
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

19A NCAC 06B .0418 Grant Agreement

(a) Upon grant approval by the Board of Transportation, the Grantee shall enter into a Grant Agreement with the Department of Transportation specifying the terms and conditions of the RIAP grant.

(b) The Grantee shall not be eligible for reimbursement until a Grant Agreement has been fully executed by both the Grantee and the Department.

History

Authority G.S. 136-44.36; 143B-350(f) and (g)
Eff. April 1, 1999
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 24, 2015.

Subchapter C

19A NCAC 06C .0101 General

History

Status: repealed
Authority G.S. 63-65; 143B-355
Eff. July 1, 1978
Amended Eff. March 1, 1982
Repealed Eff. December 1, 1993.

19A NCAC 06C .0102 Definitions

History

Status: repealed
Authority G.S. 113-28.5; 113-28.7; 113-28.8(1); 113-28.8(2); 113-28.11; 143B-10(j)
143B-356; 14 C.F.R. 151.37
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0103 Aeronautics Council

History

Status: repealed
Authority G.S. 113-28.5; 113-28.7; 113-28.8(1); 113-28.8(2); 113-28.11; 143B-10(j)
143B-356; 14 C.F.R. 151.37
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0104 Activities Eligible for State Aid

History

Status: repealed
Authority G.S. 113-28.5; 113-28.7; 113-28.8(1); 113-28.8(2); 113-28.11; 143B-10(j)
143B-356; 14 C.F.R. 151.37
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0105 Limitations on State Financial Aid

History

Status: repealed
Authority G.S. 113-28.5; 113-28.7; 113-28.8(1); 113-28.8(2); 113-28.11; 143B-10(j)
143B-356; 14 C.F.R. 151.37
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0106 State Financial Aid Share

History

Status: repealed
Authority G.S. 113-28.5; 113-28.7; 113-28.8(1); 113-28.8(2); 113-28.11; 143B-10(j)
143B-356; 14 C.F.R. 151.37
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0107 Retroactive Reimbursement

History

Status: repealed
Authority G.S. 63-66; 63-67; 63-68; 63-70; 113A-4;143B-348; 143B-350(f),(g);143B-355;143B-356
Eff. July 1, 1978
Amended Eff. December 1, 1993; November 1, 1991; March 1, 1982:
Repealed Eff. January 1, 2018.

19A NCAC 06C .0108 State Financial Assistance Construction Standards

History

Status: repealed
Authority G.S. 63-66; 63-67; 63-68; 63-70; 113A-4;143B-348; 143B-350(f),(g);143B-355;143B-356
Eff. July 1, 1978
Amended Eff. December 1, 1993; November 1, 1991; March 1, 1982:
Repealed Eff. January 1, 2018.

19A NCAC 06C .0109 Project Application Procedures

History

Status: repealed
Authority G.S. 63-66; 63-67; 63-68; 63-70; 113A-4;143B-348; 143B-350(f),(g);143B-355;143B-356
Eff. July 1, 1978
Amended Eff. December 1, 1993; November 1, 1991; March 1, 1982:
Repealed Eff. January 1, 2018.

19A NCAC 06C .0110 Environmental Assessment

History

Status: repealed
Authority G.S. 63-66; 63-67; 63-68; 63-70; 113A-4;143B-348; 143B-350(f),(g);143B-355;143B-356
Eff. July 1, 1978
Amended Eff. December 1, 1993; November 1, 1991; March 1, 1982:
Repealed Eff. January 1, 2018.

19A NCAC 06C .0111 Project Approval Procedures

History

Status: repealed
Authority G.S. 63-66; 63-67; 63-68; 63-70; 113A-4;143B-348; 143B-350(f),(g);143B-355;143B-356
Eff. July 1, 1978
Amended Eff. December 1, 1993; November 1, 1991; March 1, 1982:
Repealed Eff. January 1, 2018.

19A NCAC 06C .0112 Allowable Project Costs

History

Status: repealed
Authority G.S. 63-66; 63-67; 63-68; 63-70; 113A-4;143B-348; 143B-350(f),(g);143B-355;143B-356
Eff. July 1, 1978
Amended Eff. December 1, 1993; November 1, 1991; March 1, 1982:
Repealed Eff. January 1, 2018.

19A NCAC 06C .0113 Plans and Specifications

History

Status: repealed
Authority G.S. 113-28.6; 113-28.8; 113-28.10; 143B-350(f),(g); 143-355
49 U.S.C. 1711(14)
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0114 Notice to Proceed

History

Status: repealed
Authority G.S. 113-28.6; 113-28.8; 113-28.10; 143B-350(f),(g); 143-355
49 U.S.C. 1711(14)
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0115 Payment Procedures

History

Status: repealed
Authority G.S. 113-28.6; 113-28.8; 113-28.10; 143B-350(f),(g); 143-355
49 U.S.C. 1711(14)
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0116 Project Completion Procedures

History

Status: repealed
Authority G.S. 113-28.6; 113-28.8; 113-28.10; 143B-350(f),(g); 143-355
49 U.S.C. 1711(14)
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0117 Project Closeout Procedures

History

Status: repealed
Authority G.S. 113-28.6; 113-28.8; 113-28.10; 143B-350(f),(g); 143-355
49 U.S.C. 1711(14)
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0118 Project Cost Overruns and Underruns

History

Status: repealed
Authority G.S. 113-28.6; 113-28.8; 113-28.10; 143B-350(f),(g); 143-355
49 U.S.C. 1711(14)
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0119 Federal Audit

History

Status: repealed
Authority G.S. 113-28.6; 113-28.8; 113-28.10; 143B-350(f),(g); 143-355
49 U.S.C. 1711(14)
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0120 Acceptance: Receipt: Accounting and Expenditure of Funds

History

Status: repealed
Authority G.S. 113-28.6; 113-28.8; 113-28.10; 143B-350(f),(g); 143-355
49 U.S.C. 1711(14)
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0121 Federal Reimbursement

History

Status: repealed
Authority G.S. 113-28.6; 113-28.8; 113-28.10; 143B-350(f),(g); 143-355
49 U.S.C. 1711(14)
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0122 Federal Funds Refund

History

Status: repealed
Authority G.S. 113-28.6; 113-28.8; 113-28.10; 143B-350(f),(g); 143-355
49 U.S.C. 1711(14)
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0123 Sponsor Certification of Local Matching Funds

19A NCAC 06C .0124 LIMITS ON USE OF ALLOCATED FUNDS

19A NCAC 06C .0125 TIME LIMITS ON CONSTRUCTION OF THE PROJECT

19A NCAC 06C .0126 REQUEST FOR EXTENSION OF TIME TO COMPLETE PROJECT

19A NCAC 06C .0127 SANCTIONS FOR NON-PERFORMANCE ON STATE AID PROJECTS

History

Authority G.S. 63-66; 63-68
Eff. November 1, 1991
Amended Eff. December 1, 1993
Repealed Eff. January 1, 2018.

19A NCAC 06C .0128 State Aid to Airports Program Guidance Handbook

History

Status: repealed
Authority G.S. 63-66; 63-68
Eff. November 1, 1991
Repealed Eff. December 1, 1993.

19A NCAC 06C .0129 Department to Act as Agent for Federal Grant Programs

History

Status: repealed
Authority G.S. 63-66; 63-71
Eff. November 1, 1991
Amended Eff. December 1, 1993
Repealed Eff. January 1, 2018.

19A NCAC 06C .0130 Federal Flow Through Funding Programs

History

Status: repealed
Authority G.S. 63-66; 63-71
Eff. November 1, 1991
Repealed Eff. December 1, 1993.

19A NCAC 06C .0131 State/Fed Participation Rates/Fed Flow Through Fund Programs

History

Status: repealed
Authority G.S. 63-66; 63-71
Eff. November 1, 1991
Repealed Eff. December 1, 1993.

19A NCAC 06C .0132 Procurement of Consultants for Engineering Services

History

Status: repealed
Authority G.S. 63-66; 63-71
Eff. November 1, 1991
Repealed Eff. December 1, 1993.

19A NCAC 06C .0133 Prohibition/Contractors Removed/Div Hwys Pre-Qualified Bidders

History

Status: expired
Authority G.S. 63-66
Eff. November 1, 1991
Amended Eff. December 1, 1993
Expired Eff. November 1, 2015 pursuant to G.S. 150B-21.3A.

19A NCAC 06C .0134 Hospital Heliports

History

Status: repealed
Authority G.S. 63-66
Eff. November 1, 1991
Repealed Eff. January 1, 2018.

19A NCAC 06C .0201 Time Frame for Initiating Construction

History

Status: repealed
Authority G.S. 113-28.6; 113-28.10; 132-6; 143B-10(j); 143B-350(f),(g); 14 C.F.R. 151.55; 14 C.F.R. 77.23; 14 C.F.R. 77.25; 49 U.S.C. 1718(4)
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0202 Funds Accounting

History

Status: repealed
Authority G.S. 113-28.6; 113-28.10; 132-6; 143B-10(j); 143B-350(f),(g); 14 C.F.R. 151.55; 14 C.F.R. 77.23; 14 C.F.R. 77.25; 49 U.S.C. 1718(4)
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0203 Access to Records

History

Status: repealed
Authority G.S. 113-28.6; 113-28.10; 132-6; 143B-10(j); 143B-350(f),(g); 14 C.F.R. 151.55; 14 C.F.R. 77.23; 14 C.F.R. 77.25; 49 U.S.C. 1718(4)
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0204 Reimbursement for Overexpending of State Funds

History

Status: repealed
Authority G.S. 113-28.6; 113-28.10; 132-6; 143B-10(j); 143B-350(f),(g); 14 C.F.R. 151.55; 14 C.F.R. 77.23; 14 C.F.R. 77.25; 49 U.S.C. 1718(4)
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0205 Delays in Construction

History

Status: repealed
Authority G.S. 113-28.6; 113-28.10; 132-6; 143B-10(j); 143B-350(f),(g); 14 C.F.R. 151.55; 14 C.F.R. 77.23; 14 C.F.R. 77.25; 49 U.S.C. 1718(4)
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0206 Eligible Items

History

Status: repealed
Authority G.S. 113-28.6; 113-28.10; 132-6; 143B-10(j); 143B-350(f),(g); 14 C.F.R. 151.55; 14 C.F.R. 77.23; 14 C.F.R. 77.25; 49 U.S.C. 1718(4)
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0207 Adhering to State Aid Policies and Procedures

History

Status: repealed
Authority G.S. 113-28.6; 113-28.10; 132-6; 143B-10(j); 143B-350(f),(g); 14 C.F.R. 151.55; 14 C.F.R. 77.23; 14 C.F.R. 77.25; 49 U.S.C. 1718(4)
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0208 Protection of Airport Approaches

History

Status: repealed
Authority G.S. 113-28.6; 113-28.10; 132-6; 143B-10(j); 143B-350(f),(g); 14 C.F.R. 151.55; 14 C.F.R. 77.23; 14 C.F.R. 77.25; 49 U.S.C. 1718(4)
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0209 Protection of Surrounding Land Uses

History

Status: repealed
Authority G.S. 113-28.6; 113-28.10; 132-6; 143B-10(j); 143B-350(f),(g); 14 C.F.R. 151.55; 14 C.F.R. 77.23; 14 C.F.R. 77.25; 49 U.S.C. 1718(4)
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0210 Requirements for Execution

History

Status: repealed
Authority G.S. 113-28.6; 113-28.10; 132-6; 143B-10(j); 143B-350(f),(g); 14 C.F.R. 151.55; 14 C.F.R. 77.23; 14 C.F.R. 77.25; 49 U.S.C. 1718(4)
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0301 Promotion of Aviation Facility Safety

History

Status: repealed
Authority G.S. 63-66; 63-70; 143B-350(f),(g); 143B-355
Eff. July 1, 1978
Amended Eff. December 1, 1993; March 1, 1982
Repealed Eff. January 1, 2018.

19A NCAC 06C .0302 Recipients Eligibility Standards

History

Status: repealed
Authority G.S. 113-28.6; 113-28.10; 143B-350(f),(g); 143B-355
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0303 Project Eligibility Standards

History

Status: repealed
Authority G.S. 113-28.6; 113-28.10; 143B-350(f),(g); 143B-355
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0304 Project Application and Approval Procedures

History

Status: repealed
Authority G.S. 63-66; 63-70; 143B-350(f),(g); 143B-355
Eff. July 1, 1978
Amended Eff. December 1, 1993
Repealed Eff. January 1, 2018.

19A NCAC 06C .0305 Representation of Local Airport Sponsors

History

Status: repealed
Authority G.S. 113-28.8(2); 143B-350(f),(g); 143B-355; 14 C.F.R. 151.33
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0401 Correction of Aviation Safety Hazards

History

Status: repealed
Authority G.S. 63-68; 143B-350(f),(g); 143B-355
Eff. July 1, 1978
Amended Eff. March 1, 1982
Repealed Eff. January 1, 2018.

19A NCAC 06C .0402 Project Eligibility

History

Status: repealed
Authority G.S. 113-28.8(2); 113-28.10; 143B-350(f),(g)
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0403 Project Application and Approval

History

Status: repealed
Authority G.S. 63-66; 63-68; 63-70; 143B-350(f),(g); 143B-355
Eff. July 1, 1978
Amended Eff. December 1, 1993; March 1, 1982
Repealed Eff. January 1, 2018.

19A NCAC 06C .0404 Pavement Marking Program

History

Status: repealed
Authority G.S. 113-28.6; 113-28.8; 113-28.10; 143B-350(f),(g); 143B-355
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0405 Air Marking Program

History

Status: repealed
Authority G.S. 113-28.6; 113-28.8; 113-28.10; 143B-350(f),(g); 143B-355
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0406 Safety Deficiency Correction Program

History

Status: repealed
Authority G.S. 113-28.6; 113-28.8; 113-28.10; 143B-350(f),(g); 143B-355
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0407 Air Navigational Aids

History

Status: repealed
Authority G.S. 113-28.6; 113-28.8; 113-28.10; 143B-350(f),(g); 143B-355
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0408 Sponsor's Responsibilities

History

Status: repealed
Authority G.S. 63-65; 63-66; 63-68; 63-70
Eff. July 1, 1978
Amended Eff. December 1, 1993; March 1, 1982
Repealed Eff. January 1, 2018.

19A NCAC 06C .0409 Formal Agreement

History

Status: repealed
Authority G.S. 63-65; 63-66; 63-68
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 06C .0501 Air Commerce Promotion

History

Status: repealed
Authority G.S. 63-65; 63-66; 143B-350(f),(g); 143B-355
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 06C .0502 Recipients Eligibility Standards

History

Status: repealed
Authority G.S. 63-65; 63-66; 63-70; 143B-350(f),(g)
Eff. July 1, 1978
Amended Eff. December 1, 1993; March 1, 1982
Repealed Eff. January 1, 2018.

19A NCAC 06C .0503 Project Eligibility Standards

History

Status: repealed
Authority G.S. 63-65; 63-66; 63-70; 143B-350(f),(g)
Eff. July 1, 1978
Amended Eff. December 1, 1993; March 1, 1982
Repealed Eff. January 1, 2018.

19A NCAC 06C .0504 Assistance Guidelines: Certificated Air Carrier

History

Status: repealed
Authority G.S. 113-28.5; 113-28.6; 143B-350(f),(g); 143B-355
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0505 Assistance Guidelines: Commuter Airlines

History

Status: repealed
Authority G.S. 113-28.5; 113-28.6; 143B-350(f),(g); 143B-355
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0506 Assistance Guidelines: Non-Scheduled Service

History

Status: repealed
Authority G.S. 113-28.5; 113-28.6; 143B-350(f),(g); 143B-355
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0507 Participation in Regulatory Hearings

History

Status: repealed
Authority G.S. 63-65; 63-66; 143B-350(f),(g); 143B-355
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 06C .0601 Air Safety and Education Promotion

History

Status: repealed
Authority G.S. 63-65; 63-66; 143B-350(f),(g); 143B-355
Eff. July 1, 1978
Amended Eff. March 1, 1982
Repealed Eff. December 1, 1993.

19A NCAC 06C .0602 Recipient's Eligibility

History

Status: repealed
Authority G.S. 113-28.5; 113-28.6; 143B-350(f),(g); 143B-355
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0603 Seminars

History

Status: repealed
Authority G.S. 113-28.5; 113-28.6; 143B-350(f),(g); 143B-355
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0604 Aerospace Education

History

Status: repealed
Authority G.S. 113-28.5; 113-28.6; 143B-350(f),(g); 143B-355
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0605 Safety Publications

History

Status: repealed
Authority G.S. 113-28.5; 113-28.6; 143B-350(f),(g); 143B-355
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0606 Airport Safety

History

Status: repealed
Authority G.S. 113-28.5; 113-28.6; 143B-350(f),(g); 143B-355
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0607 Special Projects

History

Status: repealed
Authority G.S. 113-28.5; 113-28.6; 143B-350(f),(g); 143B-355
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0701 Authority to Operate and Expend Funds for State Airports

History

Status: repealed
Authority G.S. 113-28.12; 143B-350(f),(g); 143B-355
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0702 Rules of Operation of State Controlled Airports

History

Status: repealed
Authority G.S. 113-28.12; 143B-350(f),(g); 143B-355
Eff. July 1, 1978
Repealed Eff. March 1, 1982.

19A NCAC 06C .0703 Trespass on State Airports

19A NCAC 06C .0704 PROHIBITION AGAINST GROUND VEHICLES ON STATE AIRPORTS

19A NCAC 06C .0705 CLOSURE OF STATE AIRPORTS DURING HOURS OF DARKNESS

19A NCAC 06C .0706 COMMERCIAL FLIGHT OPERATIONS PROHIBITED WITHOUT APPROVAL

History

Authority G.S. 63-72; 143B-350(f),(g)
Eff. November 1, 1991
Amended Eff. December 1, 1993
Repealed Eff. January 1, 2018.

19A NCAC 06C .0801 Rulemaking Hearings

History

Status: repealed
Authority G.S. 113-28.10; 143B-350(f); 143B-346; 150A-12
Eff. July 1, 1978
Repealed Eff. February 1, 1981.

19A NCAC 06C .0802 Hearing Officer

History

Status: repealed
Authority G.S. 113-28.10; 143B-350(f); 143B-346; 150A-12
Eff. July 1, 1978
Repealed Eff. February 1, 1981.

Subchapter D

19A NCAC 06D .0101 Program Development

History

Status: repealed
Authority G.S. 132-8.1; 136-71.9; 136-71.10; 136-71.13; 143B-10(c),(f),(j)
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 06D .0102 Planning Assistance

History

Status: repealed
Authority G.S. 132-8.1; 136-71.9; 136-71.10; 136-71.13; 143B-10(c),(f),(j)
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 06D .0103 Bicycle Coordinator

History

Status: repealed
Authority G.S. 132-8.1; 136-71.9; 136-71.10; 136-71.13; 143B-10(c),(f),(j)
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 06D .0104 North Carolina Bicycle Advisory Committee

History

Status: repealed
Authority G.S. 132-8.1; 136-71.9; 136-71.10; 136-71.13; 143B-10(c),(f),(j)
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 06D .0105 Records of the Bicycle Advisory Committee

History

Status: repealed
Authority G.S. 132-8.1; 136-71.9; 136-71.10; 136-71.13; 143B-10(c),(f),(j)
Eff. July 1, 1978
Repealed Eff. December 1, 1993.

19A NCAC 06D .0201 General Policy Defined

History

Status: repealed
Authority G.S. 136-71.8; 136-71.10; 136-71.11; 143B-350(f)
Board of Transportation Minutes for November 10, 1978
Eff. January 1, 1979
Repealed Eff. December 1, 1993.

19A NCAC 06D .0202 Planning for Bicycles and Bikeways

History

Status: expired
Authority G.S. 136-71.10; 136-71.11; 143B-350(f)
Board of Transportation Minutes for November 10, 1978
Eff. January 1, 1979
Amended Eff. December 1, 1993
Expired Eff. November 1, 2015 pursuant to G.S. 150B-21.3A.

19A NCAC 06D .0203 Designing for Bicycles and Bikeways

History

Status: repealed
Authority G.S. 136-71.10; 136-71.11; 143B-350(f)
Board of Transportation Minutes for November 10, 1978
Eff. January 1, 1979
Amended Eff. December 1, 1993
Repealed Eff. February 1, 2018.

19A NCAC 06D .0204 Construction of Bicycle Facilities and Bikeways

History

Status: expired
Authority G.S. 136-71.10; 136-71.11; 136-71.12; 143B-350(f)
Board of Transportation Minutes for November 10, 1978
Eff. January 1, 1979
Amended Eff. December 1, 1993
Expired Eff. November 1, 2015 pursuant to G.S. 150B-21.3A.

19A NCAC 06D .0205 Maintenance of Bicycle Facilities and Bikeways

History

Status: expired
Authority G.S. 136-71.10; 136-71.11; 136-71.12; 143B-350(f)
Board of Transportation Minutes for November 10, 1978
Eff. January 1, 1979
Amended Eff. December 1, 1993
Expired Eff. November 1, 2015 pursuant to G.S. 150B-21.3A.

19A NCAC 06D .0206 Funding for Bicycle Facilities and Bikeways

History

Status: expired
Authority G.S. 136-71.10; 136-71.11; 136-71.12; 143B-350(f)
Board of Transportation Minutes for November 10, 1978
Eff. January 1, 1979
Amended Eff. December 1, 1993
Expired Eff. November 1, 2015 pursuant to G.S. 150B-21.3A.