Rev. 3/2/10

Publication L-14

NORTH CAROLINA LAWS
Relating to Commercial Vehicles§ 20-51. Exempt from registration.
The following shall be exempt from the requirement of registration and certificate of title:(1)
Any such vehicle driven or moved upon a highway in conformance with theprovisions of this Article relating to manufacturers, dealers, or nonresidents.
(2)
Any such vehicle which is driven or moved upon a highway only for the purpose ofcrossing such highway from one property to another.
(3)
Any implement of husbandry, farm tractor, road construction or maintenancemachinery or other vehicle which is not self-propelled that was designed for use inwork off the highway and which is operated on the highway for the purpose of goingto and from such nonhighway projects.
(4)
Any vehicle owned and operated by the government of the United States.
(5)
Farm tractors equipped with rubber tires and trailers or semitrailers when attachedthereto and when used by a farmer, his tenant, agent, or employee in transporting his
own farm implements, farm supplies, or farm products from place to place on thesame farm, from one farm to another, from farm to market, or from market to farm.
This exemption shall extend also to any tractor, implement of husbandry, and trailer
or semitrailer while on any trip within a radius of 10 miles from the point of loading,provided that the vehicle does not exceed a speed of 35 miles per hour. This section
shall not be construed as granting any exemption to farm tractors, implements ofhusbandry, and trailers or semitrailers which are operated on a for-hire basis, whether
money or some other thing of value is paid or given for the use of such tractors,
implements of husbandry, and trailers or semitrailers.
(6)
Any trailer or semitrailer attached to and drawn by a properly licensed motor vehicle
when used by a farmer, his tenant, agent, or employee in transporting unginned
cotton, peanuts, soybeans, corn, hay, tobacco, silage, cucumbers, potatoes, allvegetables, fruits, greenhouse and nursery plants and flowers, Christmas trees,
fertilizers or chemicals purchased or owned by the farmer or tenant for personal use
in implementing husbandry, irrigation pipes, loaders, or equipment owned by thefarmer or tenant from place to place on the same farm, from one farm to another,from farm to gin, from farm to dryer, or from farm to market, and when not operated
on a for-hire basis. The term "transporting" as used herein shall include the actual
hauling of said products and all unloaded travel in connection therewith.
(7)
Those small farm trailers known generally as tobacco-handling trailers, tobacco trucks
or tobacco trailers when used by a farmer, his tenant, agent or employee, whentransporting or otherwise handling tobacco in connection with the pulling, tying or
curing thereof.
(8)
Any vehicle which is driven or moved upon a highway only for the purpose ofcrossing or traveling upon such highway from one side to the other provided the1

Rev. 3/2/10

(9)
(10)

(11)

(12)

(13)

(14)
(15)

(16)

owner or lessee of the vehicle owns the fee or a leasehold in all the land along bothsides of the highway at the place or crossing.
Mopeds as defined in G.S. 20-4.01(27)d1.
Devices which are designed for towing private passenger motor vehicles or vehicles
not exceeding 5,000 pounds gross weight. These devices are known generally as "towdollies." A tow dolly is a two-wheeled device without motive power designed for
towing disabled motor vehicles and is drawn by a motor vehicle in the same manneras a trailer.
Devices generally called converter gear or dollies consisting of a tongue attached toeither a single or tandem axle upon which is mounted a fifth wheel and which is used
to convert a semitrailer to a full trailer for the purpose of being drawn behind a truck
tractor and semitrailer.
Motorized wheelchairs or similar vehicles not exceeding 1,000 pounds gross weight
when used for pedestrian purposes by a handicapped person with a mobility
impairment as defined in G.S. 20-37.5.
Any vehicle registered in another state and operated temporarily within this State by apublic utility, a governmental or cooperative provider of utility services, or acontractor for one of these entities for the purpose of restoring utility services in an
emergency outage.
Electric personal assistive mobility devices as defined in G.S. 20-4.01(7a).
Any vehicle that meets all of the following:a.
Is designed for use in work off the highway.
b.
Is used for agricultural quarantine programs under the supervision of the
Department of Agriculture and Consumer Services.
c.
Is driven or moved on the highway for the purpose of going to and fromnonhighway projects.
d.
Is identified in a manner approved by the Division of Motor Vehicles.
e.
Is operated by a person who possesses an identification card issued by the
Department of Agriculture and Consumer Services.
A vehicle that meets all of the following conditions is exempt from the requirement ofregistration and certificate of title. The provisions of G.S. 105-449.117 continue toapply to the vehicle and to the person in whose name the vehicle would be registered.
a.
Is an agricultural spreader vehicle. An "agricultural spreader vehicle" is avehicle that is designed for off-highway use on a farm to spread fertilizer,
seed, lime, or other agricultural products on a field.
b.
Is driven on the highway only for the purpose of going from the locationof its supply source for fertilizer or other products to and from a farm.
c.
Does not exceed a speed of 35 miles per hour.
d.
Does not drive outside a radius of 50 miles from the location of its supply
source for fertilizer and other products.
e.
Is driven by a person who has a license appropriate for the class of thevehicle.
f.
Is insured under a motor vehicle liability policy in the amount required
under G.S. 20-309.
g.
Displays a valid federal safety inspection decal if the vehicle has a grossvehicle weight rating of at least 10,001 pounds. (1937, c. 407, s. 16; 1943,

2

Rev. 3/2/10

c. 500; 1949, c. 429; 1951, c. 705, s. 2; 1953, c. 826, ss. 2, 3; c. 1316, s. 1;
1961, cc. 334, 817; 1963, c. 145; 1965, c. 1146; 1971, c. 107; 1973, cc.
478, 757, 964; 1979, c. 574, s. 6; 1981 (Reg. Sess., 1982), c. 1286; 1983,
cc. 288, 732; 1987, c. 608; 1989, c. 157, s. 2; 1991, c. 411, s. 4; 1995, c.
50, s. 4; 1999-281, s. 2; 2002-98, s. 4; 2002-150, s. 1; 2006-135, s. 2;
2007-194, s. 1; 2007-527, s. 41.)

§ 20-88. Property-hauling vehicles.
(a)
Determination of Weight. – For the purpose of licensing, the weight of self-propelledproperty-carrying vehicles shall be the empty weight and heaviest load to be transported, as declared by
the owner or operator; provided, that any determination of weight shall be made only in units of 1,000
pounds or major fraction thereof, weights of over 500 pounds counted as 1,000 and weights of 500
pounds or less disregarded. The declared gross weight of self-propelled property-carrying vehicles
operated in conjunction with trailers or semitrailers shall include the empty weight of the vehicles to be
operated in the combination and the heaviest load to be transported by such combination at any time
during the registration period, except that the gross weight of a trailer or semitrailer is not required to be
included when the operation is to be in conjunction with a self-propelled property-carrying vehicle
which is licensed for 6,000 pounds or less gross weight and the gross weight of such combination does
not exceed 9,000 pounds, except wreckers as defined under G.S. 20-4.01(50). Those property-haulingvehicles registered for 4,000 pounds shall be permitted a tolerance of 500 pounds above the weight
permitted under the table of weights and rates appearing in subsection (b) of this section.
(b)
The following fees are imposed on the annual registration of self-propelled property-haulingvehicles; the fees are based on the type of vehicle and its weight:
SCHEDULE OF WEIGHTS AND RATES
Rates Per Hundred Pound Gross Weight
Farmer Rate
$0.29
.40
.50
.68
.77

Not over 4,000 pounds
4,001 to 9,000 pounds inclusive
9,001 to 13,000 pounds inclusive
13,001 to 17,000 pounds inclusive
Over 17,000 pounds
Rates Per Hundred Pound Gross Weight

General Rate
$0.59
.81
1.00
1.36
1.54

Not over 4,000 pounds
4,001 to 9,000 pounds inclusive
9,001 to 13,000 pounds inclusive
13,001 to 17,000 pounds inclusive
Over 17,000 pounds(1)

The minimum fee for a vehicle licensed under this subsection is twenty-four dollars($24.00) at the farmer rate and twenty-eight dollars ($28.00) at the general rate.

3

Rev. 3/2/10(2)

The term "farmer" as used in this subsection means any person engaged in the raisingand growing of farm products on a farm in North Carolina not less than 10 acres inarea, and who does not engage in the business of buying products for resale.
(3)
License plates issued at the farmer rate shall be placed upon trucks and truck-tractorsthat are operated for the primary purpose of carrying or transporting the applicant's
farm products, raised or produced on the applicant's farm, and farm supplies. The
license plates shall not be used on a vehicle operated in hauling for hire.
(4)"Farm products" means any food crop, livestock, poultry, dairy products, flower
bulbs, or other nursery products and other agricultural products designed to be used
for food purposes, including in the term "farm products" also cotton, tobacco, logs,
bark, pulpwood, tannic acid wood and other forest products grown, produced, orprocessed by the farmer.
(5)
The Division shall issue necessary rules and regulations providing for the recall,transfer, exchange or cancellation of "farmer" plates, when vehicle bearing suchplates shall be sold or transferred.
(5a) Notwithstanding any other provision of this Chapter, license plates issued pursuant tothis subsection at the farmer rate may be purchased for any three-month period at one
fourth of the annual fee.
(6)
There shall be paid to the Division annually the following fees for "wreckers" as
defined under G.S. 20-4.01(50): a wrecker fully equipped weighing 7,000 pounds or
less, seventy-five dollars ($75.00); wreckers weighing in excess of 7,000 pounds shall
pay one hundred forty-eight dollars ($148.00). Fees to be prorated monthly. Provided,
further, that nothing herein shall prohibit a licensed dealer from using a dealer's
license plate to tow a vehicle for a customer.
(c)
The fee for a semitrailer or trailer is nineteen dollars ($19.00) for each year or part of a year.
The fee is payable each year. Upon the application of the owner of a semitrailer or trailer, the Division
may issue a multiyear plate and registration card for the semitrailer or trailer for a fee of seventy-five
dollars ($75.00). A multiyear plate and registration card for a semitrailer or trailer are valid until theowner transfers the semitrailer or trailer to another person or surrenders the plate and registration card to
the Division. A multiyear plate may not be transferred to another vehicle.
The Division shall issue a multiyear semitrailer or trailer plate in a different color than an annual
semitrailer or trailer plate and shall include the word "multiyear" on the plate. The Division may notissue a multiyear plate for a house trailer.
(d)Rates on trucks, trailers and semitrailers wholly or partially equipped with solid tires shall be
double the above schedule.
(e)Repealed by Session Laws 1981, c. 976, s. 6.
(f)Repealed by Session Laws 1995, c. 163, s. 6.
(g)Repealed by Session Laws 1969, c. 600, s. 17.
(h)Repealed by Session Laws 1979, c. 419.
(i)
Any vehicle fee determined under this section according to the weight of the vehicle shall be
increased by the sum of three dollars ($3.00) to arrive at the total fee.
(j)
No heavy vehicle subject to the use tax imposed by Section 4481 of the Internal Revenue
Code of 1954 (26 U.S.C. 4481) may be registered or licensed pursuant to G.S. 20-88 without proof of
payment of the use tax imposed by that law. The proof of payment shall be on a form prescribed by theUnited States Secretary of Treasury pursuant to the provisions of 23 U.S.C. 141(d).

4Rev. 3/2/10(k)
A person may not drive a vehicle on a highway if the vehicle's gross weight exceeds its
declared gross weight. A vehicle driven in violation of this subsection is subject to the axle-groupweight penalties set in G.S. 20-118(e). The penalties apply to the amount by which the vehicle's grossweight exceeds its declared weight.
(l)
The Division shall issue permanent truck and truck-tractor plates to Class A and Class B
Motor Vehicles and shall include the word "permanent" on the plate. The permanent registration plates
issued pursuant to this section shall be subject to annual registration fees set in this section. The Division
shall issue the necessary rules providing for the recall, transfer, exchange, or cancellation of permanent
plates issued pursuant to this section. (1937, c. 407, s. 52; 1939, c. 275; 1941, cc. 36, 227; 1943, c. 648;
1945, c. 569, s. 1; c. 575, s. 1; c. 576, s. 3; c. 956, ss. 1, 2; 1949, cc. 355, 361; 1951, c. 583; c. 819, ss. 1,
2; 1953, c. 568; c. 694, s. 1; c. 1122; 1955, c. 554, s. 8; 1957, c. 681, s. 2; c. 1215; 1959, c. 571; 1961, c.
685; 1963, c. 501; c. 702, ss. 2, 3; 1967, c. 1095, ss. 1, 2; 1969, c. 600, ss. 12-17; c. 1056, s. 1; 1973, c.
154, ss. 1, 2; c. 291; 1975, c. 716, s. 5; 1977, c. 638; 1979, c. 419; c. 631; 1981, c. 67; c. 690, ss. 29, 30;
c. 976, s. 6; 1983, c. 43; c. 190, s. 1; c. 761, s. 144; c. 768, s. 4; 1991 (Reg. Sess., 1992), c. 947, s. 1;
1993, c. 467, s. 4; c. 543, s. 1; 1995, c. 109, s. 1; c. 163, s. 6; 1995 (Reg. Sess., 1996), c. 756, s. 8;
1997-466, s. 1; 2004-167, ss. 6, 7; 2004-199, s. 59; 2005-276, s. 44.1(n); 2008-221, s. 2.)§ 20-115.1. Limitations on tandem trailers and semitrailers on certain North Carolina highways.
(a)Motor vehicle combinations consisting of a truck tractor and two trailing units may be
operated in North Carolina only on highways of the interstate system (except those exempted by theUnited States Secretary of Transportation pursuant to 49 USC 2311(i)) and on those sections of thefederal-aid primary system designated by the United States Secretary of Transportation. No trailer orsemitrailer operated in this combination shall exceed 28 feet in length; Provided, however, a 1982 orolder year model trailer or semitrailer of up to 28 1/2 feet in length may operate in a combination
permitted by this section for trailers or semitrailers which are 28 feet in length.
(b)Motor vehicle combinations consisting of a semitrailer of not more than 53 feet in length anda truck tractor may be operated on all primary highway routes of North Carolina provided the motor
vehicle combination meets the requirements of this subsection. The Department may, at any time,prohibit motor vehicle combinations on portions of any route on the State highway system. If the
Department prohibits a motor vehicle combination on any route, it shall submit a written report to the
Joint Legislative Transportation Oversight Committee within six months of the prohibition clearly
documenting through traffic engineering studies that the operation of a motor vehicle combination onthat route cannot be safely accommodated and that the route does not have sufficient capacity to handle
the vehicle combination. To operate on a primary highway route, a motor vehicle combination describedin this subsection must meet all of the following requirements:(1)
The motor vehicle combination must comply with the weight requirements in G.S.
20-118.
(2)
A semitrailer in excess of 48 feet in length must meet one or more of the following
conditions:(a)
The distance between the kingpin of the trailer and the rearmost axle, or apoint midway between the two rear axles, if the two rear axles are a tandem
axle, does not exceed 41 feet.
(b)
The semitrailer is used exclusively or primarily to transport vehicles inconnection with motorsports competition events, and the distance between the
kingpin of the trailer and the rearmost axle, or a point midway between thetwo rear axles, if the two rear axles are a tandem axle, does not exceed 46 feet.

5Rev. 3/2/10(3)

A semitrailer in excess of 48 feet must be equipped with a rear underride guard of
substantial construction consisting of a continuous lateral beam extending to withinfour inches of the lateral extremities of the semitrailer and located not more than 30
inches from the surface as measured with the vehicle empty and on a level surface.
(c)Motor vehicles with a width not exceeding 102 inches may be operated on the interstate
highways (except those exempted by the United States Secretary of Transportation pursuant to 49 USC
2316(e)) and other qualifying federal-aid highways designated by the United States Secretary ofTransportation, with traffic lanes designed to be a width of 12 feet or more and any other qualifying
federal-aid primary system highway designated by the United States Secretary of Transportation if theSecretary has determined that the designation is consistent with highway safety.
(d)
Notwithstanding the provisions of subsections (a) and (b) of this section which limit thelength of trailers which may be used in motor vehicle combinations in this State on highways of theinterstate system (except those exempted by the United States Secretary of Transportation pursuant to 49
USC 2311(i)) and on those sections of the federal-aid primary system designated by the United States
Secretary of Transportation, there is no limitation of the length of the truck tractor which may be used in
motor vehicle combinations on these highways and therefore, in compliance with Section 411(b) of the
Surface Transportation Act of 1982, there is no overall length limitation for motor vehicle combinations
regulated by this section.
(e)
The length and width limitations in this section are subject to exceptions and exclusions forsafety devices and specialized equipment as provided for in 49 USC 2311(d)(h) and Section 416 of the
Surface Transportation Act of 1982 as amended (49 USC 2316).
(f)Motor vehicle combinations operating pursuant to this section shall have reasonable accessbetween (i) highways on the interstate system (except those exempted by the United States Secretary ofTransportation pursuant to 49 USC 2311(i) and 49 USC 2316(e)) and other qualifying federal-aid
highways as designated by the United States Secretary of Transportation and (ii) terminals, facilities forfood, fuel, repairs, and rest and points of loading and unloading by household goods carriers and by any
truck tractor-semitrailer combination in which the semitrailer has a length not to exceed 28 1/2 feet anda width not to exceed 102 inches as provided in subsection (c) of this section and which generally
operates as part of a vehicle combination described in subsection (a) of this section. The North Carolina
Department of Transportation may, on streets and highways on the State highway system, and any
municipality may, on streets and highways on the municipal street system, impose reasonable
restrictions based on safety considerations on any truck tractor-semitrailer combination in which thesemitrailer has a length not to exceed 28 1/2 feet and which generally operates as part of a vehicle
combination described in subsection (a) of this section. "Reasonable access" to facilities for food, fuel,repairs and rest shall be deemed to be those facilities which are located within three road miles of theinterstate or designated highway. The Department of Transportation is authorized to promulgate rules
and regulations providing for "reasonable access." The Department may approve reasonable accessroutes for one particular type of STAA (Surface Transportation Assistance Act) dimensioned vehicle
when significant, substantial differences in their operating characteristics exist.
(g)
Under certain conditions, and after consultation with the Joint Legislative Commission on
Governmental Operations, the North Carolina Department of Transportation may designate State
highway system roads in addition to those highways designated by the United States Secretary ofTransportation for use by the vehicle combinations authorized in this section. Such designations by the
Department shall only be made under the following conditions:(1)
A determination of the public convenience and need for such designation;

6

Rev. 3/2/10(2)

A traffic engineering study which clearly shows the road proposed to be designatedcan safely accommodate and has sufficient capacity to handle these vehicle
combinations; and(3)
A public hearing is held or the opportunity for a public hearing is provided in eachcounty through which the designated highway passes, after two weeks notice posted
at the courthouse and published in a newspaper of general circulation in each county
through which the designated State highway system road passes, and consideration is
given to the comments received prior to the designation.
(4)
The Department may designate routes for one particular type of STAA (Surface
Transportation Assistance Act) dimensioned vehicle when significant, substantial
differences in their operating characteristics exist.
The Department may not designate any portion of the State highway system that has been deleted or
exempted by the United States Secretary of Transportation based on safety considerations. For the
purpose of this section, any highway designated by the Department shall be deemed to be the same as afederal-aid primary highway designated by the United States Secretary of Transportation pursuant to 49
USC 2311 and 49 USC 2316, and the vehicle combinations authorized in this section shall be permitted
to operate on such highway.
(h)Any owner of a semitrailer less than 50 feet in length in violation of subsections (a) or (b) is
responsible for an infraction and is subject to a penalty of one hundred dollars ($100.00). Any owner ofa semitrailer 50 feet or greater in length in violation of subsection (b) is responsible for an infraction andsubject to a penalty of two hundred dollars ($200.00).
(i)Any driver of a vehicle with a semitrailer less than 50 feet in length violating subsections (a)or (b) of this section is guilty of a Class 3 misdemeanor punishable only by a fine of one hundred dollars($100.00). Any driver of a vehicle with a semitrailer 50 feet or more in length violating subsection (b) of
this section is guilty of a Class 3 misdemeanor punishable only by a fine of two hundred dollars($200.00).
(j)Notwithstanding any other provision of this section, a manufacturer of trailer frames, with apermit issued pursuant to G.S. 20-119, is authorized to transport the trailer frame to another location
within three miles of the first place of manufacture to the location of completion on any public street or
highway if the width of the trailer frame does not exceed 14 feet and oversize markings and safety flags
are used during transport. Trailer frames transported pursuant to this subsection shall not exceed 7,000
pounds, and the vehicle towing the trailer frame shall have a towing capacity greater than 10,000 pounds
and necessary towing equipment. The transport of trailer frames under this subsection shall only be done
during daylight hours. (1983, c. 898, s. 1; 1985, c. 423, ss. 1-7; 1989, c. 790, ss. 1, 3, 3.1; 1993, c. 533,
s. 10; c. 539, s. 354; 1994, Ex. Sess., c. 24, s. 14(c); 1998-149, s. 6; 2007-77, ss. 2, 3; 2008-160, s. 1;
2008-221, ss. 3, 4.)§ 20-116. Size of vehicles and loads.
(a)
The total outside width of any vehicle or the load thereon shall not exceed 102 inches, except
as otherwise provided in this section. When hogsheads of tobacco are being transported, a tolerance of
six inches is allowed. When sheet or bale tobacco is being transported the load must not exceed a widthof 114 inches at the top of the load and the bottom of the load at the truck bed must not exceed the widthof 102 inches inclusive of allowance for load shifting or settling. Vehicles (other than passenger buses)that do not exceed the overall width of 102 inches and otherwise provided in this section may be
operated in accordance with G.S. 20-115.1(c), (f), and (g).

7Rev. 3/2/10(b)
No passenger-type vehicle or recreational vehicle shall be operated on any highway with any
load carried thereon extending beyond the line of the fenders on the left side of such vehicle nor
extending more than six inches beyond the line of the fenders on the right side thereof.
(c)
No vehicle, unladen or with load, shall exceed a height of 13 feet, six inches. Provided,
however, that neither the State of North Carolina nor any agency or subdivision thereof, nor any person,
firm or corporation, shall be required to raise, alter, construct or reconstruct any underpass, wire, pole,trestle, or other structure to permit the passage of any vehicle having a height, unladen or with load, inexcess of 12 feet, six inches. Provided further, that the operator or owner of any vehicle having an
overall height, whether unladen or with load, in excess of 12 feet, six inches, shall be liable for damage
to any structure caused by such vehicle having a height in excess of 12 feet, six inches.
(d)Maximum Length. – The following maximum lengths apply to vehicles. A truck-tractor andsemitrailer shall be regarded as two vehicles for the purpose of determining lawful length and licensetaxes.
(1)
Except as otherwise provided in this subsection, a single vehicle having two or more
axles shall not exceed 40 feet in length overall of dimensions inclusive of front andrear bumpers.
(2)
Trucks transporting unprocessed cotton from farm to gin, or unprocessed sage fromfarm to market shall not exceed 50 feet in length overall of dimensions inclusive offront and rear bumpers.
(3)
Recreational vehicles shall not exceed 45 feet in length overall, excluding bumpers
and mirrors.
(e)Except as provided by G.S. 20-115.1, no combination of vehicles coupled together shallconsist of more than two units and no such combination of vehicles shall exceed a total length of 60 feetinclusive of front and rear bumpers, subject to the following exceptions: Motor vehicle combinations of
one semitrailer of not more than 53 feet in length and a truck tractor (power unit) may exceed the
60-foot maximum length. Said maximum overall length limitation shall not apply to vehicles operated in
the daytime when transporting poles, pipe, machinery or other objects of a structural nature whichcannot readily be dismembered, nor to such vehicles transporting such objects operated at nighttime by apublic utility when required for emergency repair of public service facilities or properties, provided thetrailer length does not exceed 53 feet in length, but in respect to such night transportation every suchvehicle and the load thereon shall be equipped with a sufficient number of clearance lamps on both sides
and marker lamps upon the extreme ends of said projecting load to clearly mark the dimensions of suchload: Provided that vehicles designed and used exclusively for the transportation of motor vehicles shallbe permitted an overhang tolerance front or rear not to exceed five feet. Provided, that wreckers may
tow a truck, combination tractor and trailer, trailer, or any other disabled vehicle or combination ofvehicles to a place for repair, parking, or storage within 50 miles of the point where the vehicle wasdisabled and may tow a truck, tractor, or other replacement vehicle to the site of the disabled vehicle.
Provided further, that the said limitation that no combination of vehicles coupled together shall consistof more than two units shall not apply to trailers not exceeding three in number drawn by a motor
vehicle used by municipalities for the removal of domestic and commercial refuse and street rubbish, butsuch combination of vehicles shall not exceed a total length of 50 feet inclusive of front and rear
bumpers. Provided further, that the said limitation that no combination of vehicles coupled together shallconsist of more than two units shall not apply to a combination of vehicles coupled together by a saddle
mount device used to transport motor vehicles in a driveway service when no more than three saddle
mounts are used and provided further, that equipment used in said combination is approved by the safety

8Rev. 3/2/10

regulations of the Federal Highway Administration and the safety rules of the Department of Crime
Control and Public Safety.
(f)
The load upon any vehicle operated alone, or the load upon the front vehicle of a
combination of vehicles, shall not extend more than three feet beyond the foremost part of the vehicle.
Under this subsection "load" shall include the boom on a self-propelled vehicle.
A utility pole carried by a self-propelled pole carrier may extend beyond the front overhang limit set
in this subsection if the pole cannot be dismembered, the pole is less than 80 feet in length and does notextend more than 10 feet beyond the front bumper of the vehicle, and either of the following
circumstances apply:(1)
It is daytime and the front of the extending load of poles is marked by a flag of thetype required by G.S. 20-117 for certain rear overhangs.
(2)
It is nighttime, operation of the vehicle is required to make emergency repairs toutility service, and the front of the extending load of poles is marked by a light of thetype required by G.S. 20-117 for certain rear overhangs.
As used in this subsection, a "self-propelled pole carrier" is a vehicle designed to carry a pole on theside of the vehicle at a height of at least five feet when measured from the bottom of the brace used tocarry the pole. A self-propelled pole carrier may not tow another vehicle when carrying a pole that
extends beyond the front overhang limit set in this subsection.
(g)(1)
No vehicle shall be driven or moved on any highway unless the vehicle is constructed
and loaded to prevent any of its load from falling, blowing, dropping, sifting, leaking,or otherwise escaping therefrom, and the vehicle shall not contain any holes, cracks,
or openings through which any of its load may escape. However, sand may be
dropped for the purpose of securing traction, or water or other substance may besprinkled, dumped, or spread on a roadway in cleaning or maintaining the roadway.
For purposes of this subsection, load does not include water accumulated fromprecipitation.
(2)
A truck, trailer, or other vehicle licensed for more than 7,500 pounds gross vehicle
weight that is loaded with rock, gravel, stone, or any other similar substance, otherthan sand, that could fall, blow, leak, sift, or drop shall not be driven or moved on any
highway unless:a.
The height of the load against all four walls does not extend above a horizontal
line six inches below their tops when loaded at the loading point; andb.
The load is securely covered by tarpaulin or some other suitable covering toprevent any of its load from falling, dropping, sifting, leaking, blowing, orotherwise escaping therefrom.
(3)
A truck, trailer, or other vehicle:a.
Licensed for any gross vehicle weight and loaded with sand; orb.
Licensed for 7,500 pounds or less gross vehicle weight and loaded with rock,gravel, stone, or any other similar substance that could fall, blow, leak, sift, or
drop;
shall not be driven or moved on any highway unless:a.
The height of the load against all four walls does not extend above a horizontal
line six inches below the top when loaded at the loading point;b.
The load is securely covered by tarpaulin or some other suitable covering; orc.
The vehicle is constructed to prevent any of its load from falling, dropping,sifting, leaking, blowing, or otherwise escaping therefrom.

9

Rev. 3/2/10(4)This section shall not be applicable to or in any manner restrict the transportation ofseed cotton, poultry or livestock, or silage or other feed grain used in the feeding ofpoultry or livestock.
(h)Whenever there exist two highways of the State highway system of approximately the same
distance between two or more points, the Department of Transportation may, when in the opinion of the
Department of Transportation, based upon engineering and traffic investigation, safety will be promotedor the public interest will be served, designate one of the highways the "truck route" between thosepoints, and to prohibit the use of the other highway by heavy trucks or other vehicles of a gross vehicle
weight or axle load limit in excess of a designated maximum. In such instances the highways selected
for heavy vehicle traffic shall be designated as "truck routes" by signs conspicuously posted, and thehighways upon which heavy vehicle traffic is prohibited shall likewise be designated by signs
conspicuously posted showing the maximum gross vehicle weight or axle load limits authorized for
those highways. The operation of any vehicle whose gross vehicle weight or axle load exceeds the
maximum limits shown on signs over the posted highway shall constitute a Class 2 misdemeanor:
Provided, that nothing in this subsection shall prohibit a truck or other motor vehicle whose grossvehicle weight or axle load exceeds that prescribed for those highways from using them when its
destination is located solely upon that highway, road or street: Provided, further, that nothing in thissubsection shall prohibit passenger vehicles or other light vehicles from using any highways designatedfor heavy truck traffic.
(i)
Repealed by Session Laws 1973, c. 1330, s. 39.
(j)Nothing in this section shall be construed to prevent the operation of self-propelled grain
combines or other self-propelled farm equipment with or without implements, not exceeding 25 feet inwidth on any highway, except a highway or section of highway that is a fully controlled access highway
or is a part of the National System of Interstate and Defense Highways. Farm equipment includes avehicle that is designed exclusively to transport compressed seed cotton from a farm to a gin and has aself-loading bed. Combines or equipment which exceed 10 feet in width may be operated only if theymeet all of the conditions listed in this subsection. A violation of one or more of these conditions does
not constitute negligence per se.
(1)
The equipment may only be operated during daylight hours.
(2)
The equipment must display a red flag on front and rear ends. The flags shall not be
smaller than three feet wide and four feet long. The flags shall be attached to a stick,pole, staff, etc., not less than four feet long and they shall be attached to theequipment as to be visible from both directions at all times while being operated on
the public highway for not less than 300 feet.
(3)
Equipment covered by this section, which by necessity must travel more than 10
miles or where by nature of the terrain or obstacles the flags referred to in subdivision(2) of this subsection are not visible from both directions for 300 feet at any point
along the proposed route, must be preceded at a distance of 300 feet and followed at a
distance of 300 feet by a flagman in a vehicle having mounted thereon an appropriate
warning light or flag. No flagman in a vehicle shall be required pursuant to thissubdivision if the equipment is being moved under its own power or on a trailer fromany field to another field, or from the normal place of storage of the vehicle to any
field, for no more than ten miles and if visible from both directions for 300 feet at any
point along the proposed route.

10Rev. 3/2/10(4)

Every piece of equipment so operated shall operate to the right of the center line when
meeting traffic coming from the opposite direction and at all other times whenpossible and practical.
(5)
Repealed by Session Laws 2008-221, s. 6, effective September 1, 2008.
(6)
When the equipment is causing a delay in traffic, the operator of the equipment shallmove the equipment off the paved portion of the highway at the nearest practicallocation until the vehicles following the equipment have passed.
(7)
The equipment shall be operated in the designed transport position that minimizes
equipment width. No removal of equipment or appurtenances is required under thissubdivision.
(k)Nothing in this section shall be construed to prevent the operation of passenger buses having
an overall width of 102 inches, exclusive of safety equipment, upon the highways of this State which are
20 feet or wider and that are designated as the State primary system, or as municipal streets, when, andnot until, the federal law and regulations thereunder permit the operation of passenger buses having awidth of 102 inches or wider on the National System of Interstate and Defense Highways.
(l)Nothing in this section shall be construed to prevent the operation of passenger buses that are
owned and operated by units of local government, operated as a single vehicle only and having an
overall length of 45 feet or less, on public streets or highways. The Department of Transportation may
prevent the operation of buses that are authorized under this subsection if the operation of such buses ona street or highway presents a hazard to passengers of the buses or to the motoring public.
(m)
Notwithstanding subsection (a) of this section, a boat or boat trailer with an outside width ofless than 120 inches may be towed without a permit. The towing of a boat or boat trailer 102 inches to
114 inches in width may take place on any day of the week, including weekends and holidays, and may
take place at night. The towing of a boat or boat trailer 114 inches to 120 inches in width may take place
on any day of the week, including weekends and holidays from sun up to sun down. A boat or boat
trailer in excess of 102 inches but less than 120 inches must be equipped with a minimum of two
operable amber lamps on the widest point of the boat and the boat trailer such that the dimensions of theboat and the boat trailer are clearly marked and visible.
(n)
Vehicle combinations used in connection with motorsports competition events that include acab or other motorized vehicle unit with living quarters, and an attached enclosed specialty trailer, thecombination of which does not exceed 90 feet in length, may be operated on the highways of this State,provided that such operation takes place for one or more of the following purposes:(1)
Driving to or from a motorsports competition event.
(2)
For trips conducted for the purpose of purchasing fuel or conducting repairs or othermaintenance on the competition vehicle.
(3)
For other activities related to motorsports purposes, including, but not limited to,
performance testing of the competition vehicle.
The Department of Transportation may prohibit combinations authorized by this subsection from
specific routes, pursuant to G.S. 20-115.1(b). (1937, c. 246; c. 407, s. 80; 1943, c. 213, s. 1; 1945, c.
242, s. 1; 1947, c. 844; 1951, c. 495, s. 1; c. 733; 1953, cc. 682, 1107; 1955, c. 296, s. 2; c. 729; 1957, c.
65, s. 11; cc. 493, 1183, 1190; 1959, c. 559; 1963, c. 356, s. 1; c. 610, ss. 1, 2; c. 702, s. 4; c. 1027, s. 1;
1965, c. 471; 1967, c. 24, s. 4; c. 710; 1969, cc. 128, 880; 1971, cc. 128, 680, 688, 1079; 1973, c. 507, s.
5; c. 546; c. 1330, s. 39; 1975, c. 148, ss. 1-5; c. 716, s. 5; 1977, c. 464, s. 34; 1979, cc. 21, 218; 1981, c.
169, s. 1; 1983, c. 724, s. 2; 1985, c. 587; 1987, c. 272; 1989, c. 277, s. 1; c. 790, s. 2; 1991, c. 112, s. 1;
c. 449, ss. 1, 2.1; 1993, c. 539, s. 355; 1994, Ex. Sess., c. 24, s. 14(c); 1995 (Reg. Sess., 1996), c. 573, s.
1; c. 756, s. 14; 1998-149, s. 7; 1999-438, s. 28; 2000-185, s. 2; 2001-341, ss. 3, 4; 2001-512, s. 2;

11

Rev. 3/2/10

2002-72, s. 19(c); 2002-159, s. 31.5(b); 2002-190, s. 2; 2003-383, s. 8; 2005-248, s. 2; 2007-77, s. 1;
2007-194, ss. 2, 3; 2007-484, s. 5; 2007-499, s. 1; 2008-221, ss. 5, 6; 2008-229, s. 1; 2009-7, s. 1;
2009-127, s. 1; 2009-128, s. 1.)§ 20-117. Flag or light at end of load.
(a)General Provisions. – Whenever the load on any vehicle shall extend more than four feetbeyond the rear of the bed or body thereof, there shall be displayed at the end of such load, in such
position as to be clearly visible at all times from the rear of such load, a red or orange flag not less than
18 inches both in length and width, except that from sunset to sunrise there shall be displayed at the endof any such load a red or amber light plainly visible under normal atmospheric conditions at least 200
feet from the rear of such vehicle. At no time shall a load extend more than 14 feet beyond the rear of
the bed or body of the vehicle, with the exception of vehicles transporting forestry products or utility
poles.
(b)
Commercial Motor Vehicles. – A commercial motor vehicle, or a motor vehicle with a
GVWR of 10,001 pounds or more that is engaged in commerce, that is being used to tow a load or thathas a load that protrudes from the rear or sides of the vehicle shall comply with the provisions of 49
C.F.R. Part 393. (1937, c. 407, s. 81; 1985, c. 455; 1997-178, s. 1; 2005-361, s. 2; 2009-376, s. 4.)§ 20-118. Weight of vehicles and load.
(a)
For the purposes of this section, the following definitions shall apply:(1)
Single-axle weight. – The gross weight transmitted by all wheels whose centers may
be included between two parallel transverse vertical planes 40 inches apart, extending
across the full width of the vehicle.
(2)
Tandem-axle weight. – The gross weight transmitted to the road by two or moreconsecutive axles whose centers may be included between parallel vertical planes
spaced more than 40 inches and not more than 96 inches apart, extending across thefull width of the vehicle.
(3)
Axle group. – Any two or more consecutive axles on a vehicle or combination ofvehicles.
(4)
Gross weight. – The weight of any single axle, tandem axle, or axle group of a vehicle
or combination of vehicles plus the weight of any load thereon.
(5)
Light-traffic roads. – Any highway on the State Highway System, excepting routes
designated I, U.S. or N.C., posted by the Department of Transportation to limit theaxle weight below the statutory limits.
(b)
The following weight limitations shall apply to vehicles operating on the highways of theState:(1)
The single-axle weight of a vehicle or combination of vehicles shall not exceed
20,000 pounds.
(2)
The tandem-axle weight of a vehicle or combination of vehicles shall not exceed
38,000 pounds.
(3)
The gross weight imposed upon the highway by any axle group of a vehicle or
combination of vehicles shall not exceed the maximum weight given for therespective distance between the first and last axle of the group of axles measured
longitudinally to the nearest foot as set forth in the following table:

12

Rev. 3/2/10

Distance
Maximum Weight in Pounds for any Group of Two or More Consecutive Axles
Between
Axles*
2 Axles
3 Axles
4 Axles
5 Axles
4
38000
5
38000
6
38000
7
38000
8 or less
38000
38000
more than 8
38000
42000
9
39000
42500
10
40000
43500
11
44000
12
45000
50000
13
45500
50500
14
46500
51500
15
47000
52000
16
48000
52500
58000
17
48500
53500
58500
18
49500
54000
59000
19
50000
54500
60000
20
51000
55500
60500
21
51500
56000
61000
22
52500
56500
61500
23
53000
57500
62500
24
54000
58000
63000
25
54500
58500
63500
26
55500
59500
64000
27
56000
60000
65000
28
57000
60500
65500
29
57500
61500
66000
30
58500
62000**
66500
31
59000
62500**
67500
32
60000
63500**
68000
33
64000**
68500
34
64500**
69000
35
65500**
70000
36
66000**
70500
37
66500**
71000
38
67500**
72000
39
68000
72500
40
68500
73000
41
69500
73500
42
70000
74000
43
70500
75000
44
71500
75500
45
72000
76000
46
72500
76500
47
73500
77500
48
74000
78000
49
74500
78500
50
75500
79000
51
76000
80000
52
76500
53
77500
54
78000
55
78500
56
79500
57
80000
*Distance in Feet Between the Extremes of any Group of Two or More Consecutive Axles.
**See exception in G.S. 20-118(c)(1).

13

6 Axles

66000
66500
67000
68000
68500
69000
69500
70000
71000
71500
72000
72500
73000
74000
74500
75000
75500
76000
77000
77500
78000
78500
79000
80000

7 Axles

74000
74500
75000
75500
76500
77000
77500
78000
78500
79000
80000

Rev. 3/2/10

(4)

(c)

The Department of Transportation may establish light-traffic roads and further restrict
the axle weight limit on such light-traffic roads lower than the statutory limits. The
Department of Transportation shall have authority to designate any highway on theState Highway System, excluding routes designated by I, U.S. and N.C., as alight-traffic road when in the opinion of the Department of Transportation, such roadis inadequate to carry and will be injuriously affected by vehicles using the said road
carrying the maximum axle weight. All such roads so designated shall beconspicuously posted as light-traffic roads and the maximum axle weight authorized
shall be displayed on proper signs erected thereon.
Exceptions. – The following exceptions apply to G.S. 20-118(b) and 20-118(e).
(1)
Two consecutive sets of tandem axles may carry a gross weight of 34,000 pounds
each without penalty provided the overall distance between the first and last axles of
the consecutive sets of tandem axles is 36 feet or more.
(2)
When a vehicle is operated in violation of G.S. 20-118(b)(1), 20-118(b)(2), or
20-118(b)(3), but the gross weight of the vehicle or combination of vehicles does notexceed that permitted by G.S. 20-118(b)(3), the owner of the vehicle shall bepermitted to shift the load within the vehicle, without penalty, from one axle toanother to comply with the weight limits in the following cases:a.
Where the single-axle load exceeds the statutory limits, but does not exceed
21,000 pounds.
b.
Where the vehicle or combination of vehicles has tandem axles, but the
tandem-axle weight does not exceed 40,000 pounds.
(3)
When a vehicle is operated in violation of G.S. 20-118(b)(4) the owner of the vehicle
shall be permitted, without penalty, to shift the load within the vehicle from one axle
to another to comply with the weight limits where the single-axle weight does notexceed the posted limit by 2,500 pounds.
(4)
A truck or other motor vehicle shall be exempt from such light-traffic road limitations
provided for pursuant to G.S. 20-118(b)(4), when transporting supplies, material or
equipment necessary to carry out a farming operation engaged in the production ofmeats and agricultural crops and livestock or poultry by-products or a businessengaged in the harvest or processing of seafood when the destination of such vehicle
and load is located solely upon said light-traffic road.
(5)
The light-traffic road limitations provided for pursuant to subdivision (b)(4) of thissection do not apply to a vehicle while that vehicle is transporting only the following
from its point of origin on a light-traffic road to either one of the two nearest
highways that is not a light-traffic road:a.
Processed or unprocessed seafood transported from boats or any other point oforigin to a processing plant or a point of further distribution.
b.
Meats or agricultural crop products transported from a farm to first market.
c.
Forest products originating and transported from a farm or from woodlands tofirst market without interruption or delay for further packaging or processing
after initiating transport.
d.
Livestock or poultry transported from their point of origin to first market.
e.
Livestock by-products or poultry by-products transported from their point oforigin to a rendering plant.

14

Rev. 3/2/10

f.

(6)

(7)

(8)

(9)
(10)

(11)

Recyclable material transported from its point of origin to a scrap-processing
facility for processing. As used in this subpart, the terms "recyclable material"and "processing" have the same meaning as in G.S. 130A-290(a).
g.
Garbage collected by the vehicle from residences or garbage dumpsters if thevehicle is fully enclosed and is designed specifically for collecting,compacting, and hauling garbage from residences or from garbage dumpsters.
As used in this subpart, the term "garbage" does not include hazardous waste
as defined in G.S. 130A-290(a), spent nuclear fuel regulated under G.S.
20-167.1, low-level radioactive waste as defined in G.S. 104E-5, orradioactive material as defined in G.S. 104E-5.
h.
Treated sludge collected from a wastewater treatment facility.
i.
Apples when transported from the orchard to the first processing or packing
point.
j.
Trees grown as Christmas trees from the field, farm, stand, or grove to firstprocessing point.
A truck or other motor vehicle shall be exempt from such light-traffic road limitations
provided by G.S. 20-118(b)(4) when such motor vehicles are owned, operated by orunder contract to a public utility, electric or telephone membership corporation ormunicipality and such motor vehicles are used in connection with installation,
restoration or emergency maintenance of utility services.
A wrecker may tow any disabled truck or other motor vehicle or combination ofvehicles to a place for repairs, parking, or storage within 50 miles from the point thatthe vehicle was disabled and may tow a truck, tractor, or other replacement vehicle tothe site of the disabled vehicle without being in violation of G.S. 20-118 provided thatthe wrecker and towed vehicle or combination of vehicles otherwise meet all
requirements of this section.
A firefighting vehicle operated by any member of a municipal or rural fire departmentin the performance of his duties, regardless of whether members of that fire
department are paid or voluntary and any vehicle of a voluntary lifesavingorganization, when operated by a member of that organization while answering an
official call shall be exempt from such light-traffic road limitations provided by G.S.
20-118(b)(4).
Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 761, s. 12.
Fully enclosed motor vehicles designed specifically for collecting, compacting andhauling garbage from residences, or from garbage dumpsters shall, when operating
for those purposes, be allowed a single axle weight not to exceed 23,500 pounds on
the steering axle on vehicles equipped with a boom, or on the rear axle on vehicles
loaded from the rear. This exemption shall not apply to vehicles operating on
interstate highways, vehicles transporting hazardous waste as defined in G.S.
130A-290(a)(8), spent nuclear fuel regulated under G.S. 20-167.1, low-level
radioactive waste as defined in G.S. 104E-5(9a), or radioactive material as defined in
G.S. 104E-5(14).
A truck or other motor vehicle shall be exempt for light-traffic road limitations issued
under subdivision (b)(4) of this section when transporting heating fuel foron-premises use at a destination located on the light-traffic road.

15

Rev. 3/2/10

(12)

(13)

(14)

(15)

Subsections (b) and (e) of this section do not apply to a vehicle that meets all of theconditions set out below:a.
Is hauling agricultural crops from the farm where the crop is grown to any
market within 150 miles of that farm.
b.
Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 761, s. 13.
b1.
Does not operate on an interstate highway or exceed any posted bridge weight
limits during transportation or hauling of agricultural products.
c.
Does not exceed a single-axle weight of 22,000 pounds, a tandem-axle weightof 42,000 pounds, or a gross weight of 90,000 pounds.
Vehicles specifically designed for fire fighting that are owned by a municipal or rural
fire department. This exception does not apply to vehicles operating on interstate
highways.
Subsections (b) and (e) of this section do not apply to a vehicle that meets all of theconditions below, but all other enforcement provisions of this Article remain
applicable:a.
Is hauling aggregates from a distribution yard or a State-permitted production
site located within a North Carolina county contiguous to the North Carolina
State border to a destination in another state adjacent to that county as verified
by a weight ticket in the driver's possession and available for inspection by
enforcement personnel.
b.
Does not operate on an interstate highway or exceed any posted bridge weight
limits.
c.
Does not exceed 69,850 pounds gross vehicle weight and 53,850 pounds peraxle grouping for tri-axle vehicles. For purposes of this subsection, a tri-axle
vehicle is a single power unit vehicle with a three consecutive axle group on
which the respective distance between any two consecutive axles of the group,
measured longitudinally center to center to the nearest foot, does not exceed
eight feet. For purposes of this subsection, the tolerance provisions ofsubsection (h) of this section do not apply, and vehicles must be licensed inaccordance with G.S. 20-88.
d.
Repealed by Session Laws 2001-487, s. 10, effective December 16, 2001.
Subsections (b) and (e) of this section do not apply to a vehicle or vehicle
combination that meets all of the conditions below, but all other enforcement
provisions of this Article remain applicable:a.
Is hauling wood residuals, including wood chips, sawdust, mulch, or tree barkfrom any site; is hauling raw logs to first market; or is transporting bulk soil,
bulk rock, sand, sand rock, or asphalt millings from a site that does not have acertified scale for weighing the vehicle.
b.
Does not operate on an interstate highway, a posted light-traffic road, except
as provided by subdivision (c)(5) of this section, or exceed any posted bridge
weight limits.
c.
Does not exceed a maximum gross weight 4,000 pounds in excess of what isallowed in subsection (b) of this section.
d.
Does not exceed a single-axle weight of more than 22,000 pounds and atandem-axle weight of more than 42,000 pounds.

16

Rev. 3/2/10(d)
The Department of Transportation is authorized to abrogate certain exceptions. The
exceptions provided for in G.S. 20-118(c)(4) and 20-118(c)(5) as applied to any light-traffic road may
be abrogated by the Department of Transportation upon a determination of the Department ofTransportation that undue damage to such light-traffic road is resulting from such vehicles exempted by
G.S. 20-118(c)(4) and 20-118(c)(5). In those cases where the exemption to the light-traffic roads areabrogated by the Department of Transportation, the Department shall post the road to indicate no
exemptions.
(e)Penalties. –(1)
Except as provided in subdivision (2) of this subsection, for each violation of thesingle-axle or tandem-axle weight limits set in subdivision (b)(1), (b)(2), or (b)(4) of
this section or axle weights authorized by special permit according to G.S. 20-119(a),the Department of Crime Control and Public Safety shall assess a civil penalty against
the owner or registrant of the vehicle in accordance with the following schedule: forthe first 1,000 pounds or any part thereof, four cents (4¢) per pound; for the next
1,000 pounds or any part thereof, six cents (6¢) per pound; and for each additional
pound, ten cents (10¢) per pound. These penalties apply separately to each weight
limit violated. In all cases of violation of the weight limitation, the penalty shall becomputed and assessed on each pound of weight in excess of the maximum permitted.
(2)
The penalty for a violation of the single-axle or tandem-axle weight limits by avehicle that is transporting an item listed in subdivision (c)(5) of this section is
one-half of the amount it would otherwise be under subdivision (1) of this subsection.
(3)
If an axle-group weight of a vehicle exceeds the weight limit set in subdivision (b)(3)of this section plus any tolerance allowed in subsection (h) of this section oraxle-group weights or gross weights authorized by special permit under G.S.
20-119(a), the Department of Crime Control and Public Safety shall assess a civil
penalty against the owner or registrant of the motor vehicle. The penalty shall beassessed on the number of pounds by which the axle-group weight exceeds the limit
set in subdivision (b)(3) of this section, or by a special permit issued pursuant to G.S.
20-119, as follows: for the first 2,000 pounds or any part thereof, two cents (2¢) per
pound; for the next 3,000 pounds or any part thereof, four cents (4¢) per pound; foreach pound in excess of 5,000 pounds, ten cents (10¢) per pound. Tolerance pounds
in excess of the limit set in subdivision (b)(3) are subject to the penalty if the vehicle
exceeds the tolerance allowed in subsection (h) of this section. These penalties apply
separately to each axle-group weight limit violated. Notwithstanding any provision to
the contrary, a vehicle with a special permit that is subject to additional penalties
under this subsection based on a violation of any of the permit restrictions set out in
G.S. 20-119(d1) shall be assessed a civil penalty, not to exceed ten thousand dollars($10,000), based on the number of pounds by which the axle-group weight exceeds
the limit set in subdivision (b)(3) of this section.
(4)
The penalty for a violation of an axle-group weight limit by a vehicle that istransporting an item listed in subdivision (c)(5) of this section is one-half of theamount it would otherwise be under subdivision (3) of this subsection.
(5)
A violation of a weight limit in this section or of a permitted weight under G.S.
20-119 is not punishable under G.S. 20-176.
(6)
The penalty for violating the gross weight or axle-group weight by a dump truck or
dump trailer vehicle transporting bulk soil, bulk rock, sand, sand rock, or asphalt

17

Rev. 3/2/10

millings intrastate from a site that does not have a certified scale for weighing thevehicle is one-half of the amount it otherwise would be under subdivisions (1) and (3)of this subsection.
(7)
The clear proceeds of all civil penalties, civil forfeitures, and civil fines that arecollected by the Department of Transportation pursuant to this section shall beremitted to the Civil Penalty and Forfeiture Fund in accordance with G.S.
115C-457.2.
(f)
Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 761, s. 15.
(g)
General Statutes 20-118 shall not be construed to permit the gross weight of any vehicle or
combination in excess of the safe load carrying capacity established by the Department ofTransportation on any bridge pursuant to G.S. 136-72.
(h)Tolerance. – A vehicle may exceed maximum and the inner axle-group weight limitations set
forth in subdivision (b)(3) of this section by a tolerance of ten percent (10%). This exception does not
authorize a vehicle to exceed either the single-axle or tandem-axle weight limitations set forth insubdivisions (b)(1) and (b)(2) of this section, or the maximum gross weight limit of 80,000 pounds. This
exception does not apply to a vehicle exceeding posted bridge weight limitations as posted under G.S.
136-72 or to vehicles operating on interstate highways. The tolerance allowed under this subsection does
not authorize the weight of a vehicle to exceed the weight for which that vehicle is licensed under G.S.
20-88. No tolerance on the single-axle weight or the tandem-axle weight provided for in subdivisions(b)(1) and (b)(2) of this section shall be granted administratively or otherwise. The Department ofTransportation shall report back to the Transportation Oversight Committee and to the General
Assembly on the effects of the tolerance granted under this section, any abuses of this tolerance, and any
suggested revisions to this section by that Department on or before May 1, 1998.
(i)
Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 761, s. 16.
(j)
Repealed by Session Laws 1987, c. 392.
(k)
A vehicle which is equipped with a self-loading bed and which is designed and used
exclusively to transport compressed seed cotton from the farm to a cotton gin, or sage to market, may
operate on the highways of the State, except interstate highways, with a tandem-axle weight notexceeding 50,000 pounds. Such vehicles shall be exempt from light-traffic road limitations only frompoint of origin on the light-traffic road to the nearest State-maintained road which is not posted toprohibit the transportation of statutory load limits. This exemption does not apply to restricted, posted
bridge structures. (1937, c. 407, s. 82; 1943, c. 213, s. 2; cc. 726, 784; 1945, c. 242, s. 2; c. 569, s. 2; c.
576, s. 7; 1947, c. 1079; 1949, c. 1207, s. 2; 1951, c. 495, s. 2; c. 942, s. 1; c. 1013, ss. 5, 6, 8; 1953, cc.
214, 1092; 1959, c. 872; c. 1264, s. 6; 1963, c. 159; c. 610, ss. 3-5; c. 702, s. 5; 1965, cc. 483, 1044;
1969, c. 537; 1973, c. 507, s. 5; c. 1449, ss. 1, 2; 1975, c. 325; c. 373, s. 2; c. 716, s. 5; c. 735; c. 736, ss.
1-3; 1977, c. 461; c. 464, s. 34; 1977, 2nd Sess., c. 1178; 1981, c. 690, ss. 27, 28; c. 726; c. 1127, s.
53.1; 1983, c. 407; c. 724, s. 1; 1983 (Reg. Sess., 1984), c. 1116, ss. 105-109; 1985, c. 54; c. 274; 1987,
c. 392; c. 707, ss. 1-4; 1991, c. 202, s. 1; 1991 (Reg. Sess., 1992), c. 905, s. 1; 1993, c. 426, ss. 1, 2; c.
470, s. 1; c. 533, s. 11; 1993 (Reg. Sess., 1994), c. 761, ss. 10-16; 1995, c. 109, s. 3; c. 163, s. 4; c. 332,
ss. 1-3 ; c. 509, s. 135.1(b); 1995 (Reg. Sess., 1996), c. 756, s. 29; 1997-354, s. 1; 1997-373, s. 1;
1997-466, s. 2; 1998-149, ss. 8, 9, 9.1; 1998-177, s. 1; 1999-452, s. 23; 2000-57, s. 1; 2001-487, ss. 10,50(e); 2002-126, s. 26.16(a); 2004-145, ss. 1, 2; 2005-248, s. 1; 2005-276, s. 6.37(o); 2005-361, s. 3;
2006-135, s. 1; 2006-264, s. 37; 2008-221, ss. 7, 8, 9; 2009-127, s. 2; 2009-376, ss. 6, 16(a), 16(b);2009-531, s. 1.)

18

Rev. 3/2/10§ 20-118.1. Officers may weigh vehicles and require overloads to be removed.
A law enforcement officer may stop and weigh a vehicle to determine if the vehicle's weight is incompliance with the vehicle's declared gross weight and the weight limits set in this Part. The officer
may require the driver of the vehicle to drive to a scale located within five miles of where the officer
stopped the vehicle.
Any person operating a vehicle or a combination of vehicles having a GVWR of 10,001 pounds ormore or any vehicle transporting hazardous materials that is required to be placarded under 49 C.F.R. §171-180 must enter a permanent weigh station or temporary inspection or weigh site as directed by duly
erected signs or an electronic transponder for the purpose of being electronically screened forcompliance, or weighed, or inspected.
If the vehicle's weight exceeds the amount allowable, the officer may detain the vehicle until theoverload has been removed. Any property removed from a vehicle because the vehicle was overloadedis the responsibility of the owner or operator of the vehicle. The State is not liable for damage to or lossof the removed property.
Failure to permit a vehicle to be weighed or to remove an overload is a misdemeanor of the Class set
in G.S. 20-176. An officer must weigh a vehicle with a scale that has been approved by the Departmentof Agriculture and Consumer Services.
A privately owned noncommercial horse trailer constructed to transport four or fewer horses shallnot be required to stop at any permanent weigh station in the State while transporting horses, unless thedriver of the vehicle hauling the trailer is directed to stop by a law enforcement officer. A "privately
owned noncommercial horse trailer" means a trailer used solely for the occasional transportation ofhorses and not for compensation or in furtherance of a commercial enterprise. (1927, c. 148, s. 37; 1949,c. 1207, s. 3; 1951, c. 1013, s. 4; 1979, c. 436, ss. 1, 2; 1981 (Reg. Sess., 1982), c. 1259, s. 2; 1993, c.
539, s. 356; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 109, s. 4; 1997-261, s. 109; 2001-487, s. 50(f);2003-338, s. 1.)§ 20-118.2. Authority to fix higher weight limitations at reduced speeds for certain vehicles.
The Department of Transportation is hereby authorized and empowered to fix higher weight
limitations at reduced speeds for vehicles used in transporting property when the point of origin or
destination of the motor vehicles is located upon any light traffic highway, county road, farm-to-market
road, or any other roads of the secondary system only and/or to the extent only that the motor vehicle isnecessarily using said highway in transporting the property from the bona fide point of origin of theproperty being transported or to the bona fide point of destination of said property and such weights may
be different from the weight of those vehicles otherwise using such roads. (1951, c. 1013, s. 7A; 1957, c.
65, s. 11; 1973, c. 507, s. 5; 1977, c. 464, s. 34.)
§ 20-118.3. Vehicle or combination of vehicles operated without registration plate subject to civil
penalty.
Any vehicle or combination of vehicles being operated upon the highway of this State either by aresident or nonresident without having been issued therefor a registration plate by the appropriate
jurisdiction shall be subject to a civil penalty equal to the North Carolina annual fee for the gross weightof the vehicle and in addition thereto the license fee applicable for the remainder of the current
registration year, provided a nonresident shall pay the North Carolina license fee or furnish satisfactory
proof of payment of required registration fee to its base jurisdiction. The civil penalties provided for inthis section shall not be enforceable through criminal sanctions and the provisions of G.S. 20-176 shallnot apply to this section. (1981 Reg. Sess., 1982), c. 1259, s. 1.)

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Rev. 3/2/10§ 20-119. Special permits for vehicles of excessive size or weight; fees.
(a) The Department of Transportation may, in its discretion, upon application, for good cause
being shown therefor, issue a special permit in writing authorizing the applicant to operate or move avehicle of a size or weight exceeding a maximum specified in this Article upon any highway under thejurisdiction and for the maintenance of which the body granting the permit is responsible. However, theDepartment is not authorized to issue any permit to operate or move over the State highways twin
trailers, commonly referred to as double bottom trailers. Every such permit shall be carried in the vehicle
to which it refers and shall be open to inspection by any peace officer. The authorities in any
incorporated city or town may grant permits in writing and for good cause shown, authorizing theapplicant to move a vehicle over the streets of such city or town, the size or weight exceeding the
maximum expressed in this Article. The Department of Transportation shall issue rules to implement
this section.
(a1) Where permitted by the posted road and bridge limits, the Department may issue a single trip
permit for a vehicle or vehicle combination responding to an emergency event that could result in severe
damage, injury, or loss of life or property resulting from any natural or man-made emergency as
determined by either the Secretary of Crime Control and Public Safety or the Secretary ofTransportation or their designees. A permit issued under this subsection may allow for travel from a
specific origin to destination and return 24 hours a day, seven days a week, including holidays. Permits
issued under this subsection shall include a requirement for banners, flags, and other safety devices, as
determined by the Department, and a requirement for a law enforcement escort or a vehicle being
operated by a certified escort vehicle operator if traveling between sunset and sunrise. To obtain
authorization to travel during restricted times, application shall be made with any required
documentation to the proper officials as designated by the Department. If an emergency permit is issued
under this subsection, the requestor shall contact the Department of Transportation's central permit
office on the next business day to complete any further documentation and pay the applicable fees.
(b) Upon the issuance of a special permit for an oversize or overweight vehicle by the Departmentof Transportation in accordance with this section, the applicant shall pay to the Department for a single
trip permit a fee of twelve dollars ($12.00) for each dimension over lawful dimensions, including height,
length, width, and weight up to 132,000 pounds. For overweight vehicles, the applicant shall pay to the
Department for a single trip permit in addition to the fee imposed by the previous sentence a fee of threedollars ($3.00) per 1,000 pounds over 132,000 pounds.
Upon the issuance of an annual permit for a single vehicle, the applicant shall pay a fee inaccordance with the following schedule:
Commodity:
Annual Fee:
Annual Permit to Move House Trailers or Trailer Frames$200.00
Annual Permit to Move Other Commodities$100.00
In addition to the fees set out in this subsection, applications for permits that require an engineering
study for pavement or structures or other special conditions or considerations shall be accompanied by anonrefundable application fee of one hundred dollars ($100.00).
This subsection does not apply to farm equipment or machinery being used at the time for
agricultural purposes, nor to the moving of a house as provided for by the license and permit
requirements of Article 16 of this Chapter. Fees will not be assessed for permits for oversize andoverweight vehicles issued to any agency of the United States Government or the State of North
Carolina, its agencies, institutions, subdivisions, or municipalities if the vehicle is registered in the nameof the agency.

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Rev. 3/2/10(b1) Neither the Department nor the Board may require review or renewal of annual permits, withor without fee, more than once per calendar year.
(c) Nothing in this section shall require the Department of Transportation to issue any permit for
any load.
(d) For each violation of any of the terms or conditions of a special permit issued or where apermit is required but not obtained under this section the Department of Crime Control and Public
Safety shall assess a civil penalty for each violation against the registered owner of the vehicle asfollows:(1)
A fine of one thousand five hundred dollars ($1,500) for operating without the proper
number of certified escorts as determined by the actual loaded weight or size of thevehicle combination.
(1a) A fine of five hundred dollars ($500.00) for any of the following: operating without
the issuance of a permit, moving a load off the route specified in the permit, falsifying
information to obtain a permit, or failing to comply with dimension restrictions of apermit.
(2)
A fine of two hundred fifty dollars ($250.00) for moving loads beyond the distanceallowances of an annual permit covering the movement of house trailers from theretailer's premises or for operating in violation of time of travel restrictions.
(3)
A fine of one hundred dollars ($100.00) for any other violation of the permit
conditions or requirements imposed by applicable regulations.
The Department of Transportation may refuse to issue additional permits or suspend existing permits
if there are repeated violations of subdivision (1), (1a), or (2) of this subsection.
(d1)
In addition to the penalties assessed under subsection (d) of this section, the Department of
Crime Control and Public Safety shall assess a civil penalty, not to exceed ten thousand dollars($10,000), in accordance with G.S. 20-118(e)(1) and (e)(3) against the registered owner of the vehicle
for any of the following:(1)
Operating without the issuance of a required permit.
(2)
Operating off permitted route of travel.
(3)
Failing to comply with travel restrictions of the permit.
(4)
Operating without the proper vehicle registration or license for the class of vehicle
being operated.
A violation of this subsection constitutes operating a vehicle without a special permit.
(e)
It is the intent of the General Assembly that the permit fees provided in G.S. 20-119 shall be
adjusted periodically to assure that the revenue generated by the fees is equal to the cost to the
Department of administering the Oversize/Overweight Permit Unit Program within the Division ofHighways. At least every two years, the Department shall review and compare the revenue generated by
the permit fees and the cost of administering the program, and shall report to the Joint Legislative
Transportation Oversight Committee created in G.S.120-70.50 its recommendations for adjustments tothe permit fees to bring the revenues and the costs into alignment.
(f)
The Department of Transportation shall issue rules to establish an escort driver training andcertification program for escort vehicles accompanying oversize/overweight loads. Any driver operating
a vehicle escorting an oversize/overweight load shall meet any training requirements and obtaincertification under the rules issued pursuant to this subsection. These rules may provide for reciprocity
with other states having similar escort certification programs. Certification credentials for the driver ofan escort vehicle shall be carried in the vehicle and be readily available for inspection by law
enforcement personnel. The escort and training certification requirements of this subsection shall not

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Rev. 3/2/10

apply to the transportation of agricultural machinery until October 1, 2004. The Department ofTransportation shall develop and implement an in-house training program for agricultural machinery
escorts by September 1, 2004.
(g)
The Department of Transportation shall issue annual overwidth permits for the following:(1)
A vehicle carrying agricultural equipment or machinery from the dealer to the farm orfrom the farm to the dealer that does not exceed 14 feet in width. A permit issued
under this subdivision is valid for unlimited movement without escorts on all State
highways where the overwidth vehicle does not exceed posted bridge and load limits.
(2)
A boat or boat trailer whose outside width equals or exceeds 120 inches. A permit
issued under this subdivision must restrict a vehicle's towing of the boat or boat trailer
to daylight hours only.
(h)No law enforcement officer shall issue a citation to a person for a violation of this section if
the officer is able to determine by electronic means that the person has a permit valid at the time of theviolation but does not have the permit in his or her possession. Any person issued a citation pursuant tothis section who does not have the permit in his or her possession at the time of the issuance of thecitation shall not be responsible for a violation, and the Department of Crime Control and Public Safety
may not impose any fines under this section if the person submits evidence to the Department of theexistence of a permit valid at the time of the violation within 30 days of the date of the violation. (1937,
c. 407, s. 83; 1957, c. 65, s. 11; 1959, c. 1129; 1973, c. 507, s. 5; 1977, c. 464, s. 34; 1981, c. 690, ss. 31,
32; c. 736, ss. 1, 2; 1989, c. 54; 1991, c. 604, ss. 1, 2; c. 689, s. 334; 1993, c. 539, s. 357; 1994, Ex.
Sess., c. 24, s. 14(c); 2000-109, ss. 7(a), 7(f), 7(g); 2001-424, s. 27.10; 2003-383, s. 7; 2004-124, s.
30.3E(a), (b); 2004-145, s. 3; 2005-361, s. 4; 2007-290, s. 2; 2008-160, s. 2; 2008-229, s. 2; 2009-376,
ss. 7, 8.)22