reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 12 - Motor Vehicle Dealers and Manufacturers Licensing Law. › § 20-300 - Appeals from actions of Commissioner.

§ 20-300. Appeals from actions of Commissioner.
Appeals from actions of the Commissioner shall be governed by the provisions of Chapter 150B of the General Statutes. (1955, c. 1243, s. 16; 1973, c. 1331, s. 3; 1987, c. 827, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 12 - Motor Vehicle Dealers and Manufacturers Licensing Law. › § 20-302 - Rules and regulations.

§ 20-302. Rules and regulations.
The Commissioner may make such rules and regulations, not inconsistent with the provisions of this Article, as he shall deem necessary or proper for the effective administration and enforcement of this Article, provided that the Commissioner shall make a copy of such rules and regulations available on a Web site maintained by the Division or the Department of Transportation 30 days prior to the effective date of such rules and regulations. (1955, c. 1243, s. 18; 2018-74, s. 8.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 12 - Motor Vehicle Dealers and Manufacturers Licensing Law. › § 20-303 - Installment sales to be evidenced by written instrument; statement to be delivered to buyer.

§ 20-303. Installment sales to be evidenced by written instrument; statement to be delivered to buyer.
(a) Every retail installment sale shall be evidenced by one or more instruments in writing, which shall contain all the agreements of the parties and shall be signed by the buyer.
(b) For every retail installment sale, prior to or about the time of the delivery of the motor vehicle, the seller shall deliver to the buyer a written statement describing clearly the motor vehicle sold to the buyer, 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 protection to be effected. The written statement shall be signed by the buyer. (1955, c. 1243, s. 19; 2007-513, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 12 - Motor Vehicle Dealers and Manufacturers Licensing Law. › § 20-304 - Coercion of retail dealer by manufacturer or distributor in connection with installment sales contract prohibited.

§ 20-304. Coercion of retail dealer by manufacturer or distributor in connection with installment sales contract prohibited.
(a) It shall be unlawful for any manufacturer, wholesaler or distributor, or any officer, agent or representative of either, to coerce, or attempt to coerce, any retail motor vehicle dealer or prospective retail motor vehicle dealer in this State to sell, assign or transfer any retail installment sales contract, obtained by such dealer in connection with the sale by him in this State of motor vehicles manufactured or sold by such manufacturer, wholesaler, or distributor, to a specified finance company or class of such companies, or to any other specified persons, by any of the acts or means hereinafter set forth, namely:
(1) By any statement, suggestion, promise or threat that such manufacturer, wholesaler, or distributor will in any manner benefit or injure such dealer, whether such statement, suggestion, threat or promise is expressed or implied, or made directly or indirectly,
(2) By any act that will benefit or injure such dealer,
(3) By any contract, or any expressed or implied offer of contract, made directly or indirectly to such dealer, for handling motor vehicles, on the condition that such dealer sell, assign or transfer his retail installment sales contract thereon, in this State, to a specified finance company or class of such companies, or to any other specified person,
(4) By any expressed or implied statement or representation, made directly or indirectly, that such dealer is under any obligation whatsoever to sell, assign or transfer any of his retail sales contracts, in this State, on motor vehicles manufactured or sold by such manufacturer, wholesaler, or distributor to such finance company, or class of companies, or other specified person, because of any relationship or affiliation between such manufacturer, wholesaler, or distributor and such finance company or companies or such other specified person or persons.
(b) Any such statements, threats, promises, acts, contracts, or offers of contracts, when the effect thereof may be to lessen or eliminate competition, or tend to create a monopoly, are declared unfair trade practices and unfair methods of competition and against the public policy of this State, are unlawful and are hereby prohibited. (1955, c. 1243, s. 20.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 12 - Motor Vehicle Dealers and Manufacturers Licensing Law. › § 20-305.3 - Hearing notice.

§ 20-305.3. Hearing notice.
In every case of a hearing before the Commissioner authorized under this Article, the Commissioner shall give reasonable notice of each such hearing to all interested parties, and the Commissioner's decision shall be binding on the parties, subject to the rights of judicial review and appeal as provided in Chapter 150B of the General Statutes. The costs of such hearings shall be assessed by the Commissioner. (1973, c. 88, s. 3; c. 1331, s. 3; 1987, c. 827, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 12 - Motor Vehicle Dealers and Manufacturers Licensing Law. › § 20-305.6 - Unlawful for manufacturers to unfairly discriminate among dealers.

§ 20-305.6. Unlawful for manufacturers to unfairly discriminate among dealers.
Notwithstanding the terms of any contract, franchise, novation, or agreement, it shall be unlawful for any manufacturer, factory branch, distributor, or distributor branch to do any of the following:
(1) Discriminate against any similarly situated franchised new motor vehicle dealers in this State.
(2) Unfairly discriminate against franchised new motor vehicle dealers located in this State who have dualed facilities at which the vehicles distributed by the manufacturer, factory branch, distributor, or distributor branch are sold or serviced with one or more other line makes of vehicles.
(3) Unfairly discriminate against one of its franchised new motor vehicle dealers in this State with respect to any aspect of the franchise agreement.
(4) Use any financial services company or leasing company owned or controlled by the manufacturer or distributor to accomplish what would otherwise be illegal conduct on the part of the manufacturer or distributor pursuant to this section. This section shall not limit the right of the financial services or leasing company to engage in business practices in accordance with the trade. (2001-510, s. 4.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 12 - Motor Vehicle Dealers and Manufacturers Licensing Law. › § 20-306 - Unlawful for salesman to sell except for his employer; multiple employment; persons who arrange transactions involving the sale of new motor vehicles.

§ 20-306. Unlawful for salesman to sell except for his employer; multiple employment; persons who arrange transactions involving the sale of new motor vehicles.
It shall be unlawful for any motor vehicle salesman licensed under this Article or an individual who has submitted an application for a license as required in G.S. 20-288 and who is engaging in activities as a supervised sales representative applicant while the application is pending pursuant to G.S. 20-287(a) to sell or exchange or offer or attempt to sell or exchange any motor vehicle other than his own except for the licensed motor vehicle dealer or dealers by whom he is employed, or to offer, transfer or assign, any sale or exchange, that he may have negotiated, to any other dealer or salesman. A salesman may be employed by more than one dealer provided such multiple employment is clearly indicated on his license. It shall be unlawful for any person to, for a fee, commission, or other valuable consideration, arrange or offer to arrange a transaction involving the sale of a new motor vehicle; provided, however, this prohibition shall not be applicable to:
(1) A franchised motor vehicle dealer as defined in G.S. 20-286(8b) who is licensed under this Article or a sales representative who is licensed under this Article when acting on behalf of the dealer;
(2) A manufacturer who is licensed under this Article or bona fide employee of such manufacturer when acting on behalf of the manufacturer;
(3) A distributor who is licensed under this Article or a bona fide employee of such distributor when acting on behalf of the distributor; or
(4) At any point in the transaction the bona fide owner of the vehicle involved in the transaction.
(5) A motor vehicle dealer, as defined in G.S. 20-286(11), who offers valuable consideration to a person not licensed under this Article, or a person who is offered or receives valuable consideration from a motor vehicle dealer for the referral of a customer to the dealer, provided that the consideration paid by the motor vehicle dealer does not exceed two hundred fifty dollars ($250.00) in value per referral and the person receiving the consideration has received no more than five referral payments from that motor vehicle dealer in the same calendar year. (1955, c. 1243, s. 22; 1993, c. 331, s. 3; 2019-181, s. 3.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 12 - Motor Vehicle Dealers and Manufacturers Licensing Law. › § 20-307 - Article applicable to existing and future franchises and contracts.

§ 20-307. Article applicable to existing and future franchises and contracts.
The provisions of this Article shall be applicable to all franchises and contracts existing between dealers and manufacturers, factory branches, and distributors at the time of its ratification, and to all such future franchises and contracts. (1955, c. 1243, s. 23.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 12 - Motor Vehicle Dealers and Manufacturers Licensing Law. › § 20-307.1 - Jurisdiction.

§ 20-307.1. Jurisdiction.
A franchisee who is substantially and primarily engaged in the sale of motor vehicles or parts, materials, or components of motor vehicles, including batteries, tires, transmissions, mufflers, painting, lubrication or tune-ups may bring suit against any franchisor, engaged in commerce, in the General Court of Justice in the State of North Carolina that has proper venue. (1983, c. 704, s. 24.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 12 - Motor Vehicle Dealers and Manufacturers Licensing Law. › § 20-308 - Penalties.

§ 20-308. Penalties.
Any person violating any of the provisions of this Article, except for G.S. 20-305.7, shall be guilty of a Class 1 misdemeanor. (1955, c. 1243, s. 24; 1993, c. 539, s. 386; 1994, Ex. Sess., c. 24, s. 14(c); 2005-409, s. 5.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 12 - Motor Vehicle Dealers and Manufacturers Licensing Law. › § 20-308.2 - Applicability of this Article.

§ 20-308.2. Applicability of this Article.
(a) Any person who engages directly or indirectly in purposeful contacts within this State in connection with the offering or advertising for sale, or has business dealings, with respect to a new motor vehicle sale within this State, shall be subject to the provisions of this Article and shall be subject to the jurisdiction of the courts of this State.
(b) The applicability of this Article shall not be affected by a choice of law clause in any franchise, agreement, waiver, novation, or any other written instrument.
(c) Any provision of any agreement, franchise, waiver, novation or any other written instrument which is in violation of any section of this Article shall be deemed null and void and without force and effect.
(d) It shall be unlawful for a manufacturer or distributor to use any subsidiary corporation, affiliated corporation, or any other controlled corporation, partnership, association or person to accomplish what would otherwise be illegal conduct under this Article on the part of the manufacturer or distributor.
(e) The provisions of this Article shall apply to all written agreements between a manufacturer, wholesaler, or distributor with a motor vehicle dealer including, but not limited to, the franchise offering, the franchise agreement, sales of goods, services or advertising, leases or deeds of trust of real or personal property, promises to pay, security interests, pledges, insurance contracts, advertising contracts, construction or installation contracts, servicing contracts, and all other such agreements between a motor vehicle dealer and a manufacturer, wholesaler, or distributor. (1983, c. 704, s. 17; 2005-409, s. 6.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 12A - Motor Vehicle Captive Finance Source Law. › § 20-308.13 - Regulation of motor vehicle captive finance sources.

§ 20-308.13. Regulation of motor vehicle captive finance sources.
The General Assembly finds and declares that the distribution of motor vehicles in the State of North Carolina vitally affects the general economy of the State and the public interest and public welfare, and in the exercise of its police power, it is necessary to regulate motor vehicle captive finance sources doing business in North Carolina to protect and preserve the investments and properties of the citizens of this State. (2005-409, s. 3.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 12A - Motor Vehicle Captive Finance Source Law. › § 20-308.17 - Rules and regulations.

§ 20-308.17. Rules and regulations.
The Commissioner may make such rules and regulations, not inconsistent with the provisions of this Article, as he shall deem necessary or proper for the effective administration and enforcement of this Article, provided that a copy of such rules and regulations shall be mailed to each motor vehicle dealer licensee and captive finance source 30 days prior to the effective date of such rules and regulations. (2005-409, s. 3.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 12A - Motor Vehicle Captive Finance Source Law. › § 20-308.18 - Hearing notice.

§ 20-308.18. Hearing notice.
In every case of a hearing before the Commissioner authorized under this Article, the Commissioner shall give reasonable notice of each such hearing to all interested parties, and the Commissioner's decision shall be binding on the parties, subject to the rights of judicial review and appeal as provided in Chapter 150B of the General Statutes. The costs of such hearings shall be assessed by the Commissioner. (2005-409, s. 3.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 12A - Motor Vehicle Captive Finance Source Law. › § 20-308.19 - Article applicable to existing and future agreements.

§ 20-308.19. Article applicable to existing and future agreements.
The provisions of this Article shall be applicable to all contracts and agreements existing between dealers and captive finance sources at the time of its ratification and to all such future contracts and agreements. (2005-409, s. 3.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 12A - Motor Vehicle Captive Finance Source Law. › § 20-308.20 - Jurisdiction.

§ 20-308.20. Jurisdiction.
A new motor vehicle dealer located in this State may bring suit against any captive finance source engaged in commerce in this State in the General Court of Justice in the State of North Carolina that has proper venue. (2005-409, s. 3.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 12A - Motor Vehicle Captive Finance Source Law. › § 20-308.22 - Applicability of this Article.

§ 20-308.22. Applicability of this Article.
(a) Any captive finance source who engages directly or indirectly in purposeful contacts within this State in connection with the offering or advertising the availability of financing for the sale or lease of motor vehicles within this State, or who has business dealings within this State, shall be subject to the provisions of this Article and shall be subject to the jurisdiction of the courts of this State.
(b) The applicability of this Article shall not be affected by a choice of law clause in any agreement, waiver, novation, or any other written instrument.
(c) Any provision of any agreement, waiver, novation, or any other written instrument which is in violation of any section of this Article shall be deemed null and void and without force and effect to the extent it violates this section.
(d) It shall be unlawful for a captive finance source to use any subsidiary corporation, affiliated corporation, or any other controlled corporation, partnership, association, or person to accomplish what would otherwise be illegal conduct under this Article on the part of the captive finance source. (2005-409, s. 3.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 13 - The Vehicle Financial Responsibility Act of 1957. › § 20-309.2 - Insurer shall notify Division of actions on insurance policies.

§ 20-309.2. Insurer shall notify Division of actions on insurance policies.
(a) Notice Required. – An insurer shall notify the Division upon any of the following with regard to a motor vehicle liability policy:
(1) Issues a new or replacement policy.
(2) Terminates a policy, either by cancellation or failure to renew, unless the same insurer issues a replacement policy complying with this Article at the same time the insurer terminates the old policy and no lapse in coverage results.
(3) Reinstates a policy after the insurer has notified the Division of a cancellation or termination.
(a1) Division Records. – The Division shall ensure that its records accurately reflect the insurance coverage status of each owner of a motor vehicle registered or required to be registered in this State by reconciling all notices received under this section pertaining to that motor vehicle owner. A termination notice received under subdivision (2) of subsection (a) of this section shall not be recorded as a lapse in financial responsibility or initiate action by the Division under G.S. 20-311 if an earlier notice received by the Division under this section establishes that the owner of the motor vehicle has met the duty to have continuous financial responsibility for the vehicle, as required under G.S. 20-309, through a motor vehicle liability policy that is not the subject of the later termination notice.
(b) Time Period. – An insurer shall notify the Division as required by subsection (a) of this section within 20 business days.
(c) Form of Notice. – All insurers shall submit the notices required under this section by electronic means.
(d) Trade Secret Protection. – The names of insureds and the beginning date and termination date of insurance coverage provided to the Division by an insurer under this section constitutes a designated trade secret under G.S. 132-1.2.
(e) Civil Penalty. – The Commissioner of Insurance may assess a civil penalty of two hundred dollars ($200.00) against an insurer that fails to notify the Division as required by this section. The Commissioner may waive the penalty if the insurer establishes good cause for the failure.
(f) Clear Proceeds of Penalties. – The clear proceeds of all civil penalties, civil forfeitures, and civil fines that are collected by the Department of Transportation pursuant to this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. (2006-213, s. 1; 2007-484, s. 7(b); 2021-185, ss. 7, 12(a).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 13 - The Vehicle Financial Responsibility Act of 1957. › § 20-313 - Operation of motor vehicle without financial responsibility a misdemeanor.

§ 20-313. Operation of motor vehicle without financial responsibility a misdemeanor.
(a) On or after July 1, 1963, any owner of a motor vehicle registered or required to be registered in this State who shall operate or permit such motor vehicle to be operated in this State without having in full force and effect the financial responsibility required by this Article shall be guilty of a Class 3 misdemeanor.
(b) Evidence that the owner of a motor vehicle registered or required to be registered in this State has operated or permitted such motor vehicle to be operated in this State, coupled with proof of records of the Division of Motor Vehicles indicating that the owner did not have financial responsibility applicable to the operation of the motor vehicle in the manner certified by him for purposes of G.S. 20-309, shall be prima facie evidence that such owner did at the time and place alleged operate or permit such motor vehicle to be operated without having in full force and effect the financial responsibility required by the provisions of this Article. (1957, c. 1393, s. 5; 1959, c. 1277, s. 3; 1963, c. 964, s. 5; 1975, c. 716, s. 5; 1993, c. 539, s. 388; 1994, Ex. Sess., c. 24, s. 14(c); 2013-360, s. 18B.14(l).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 13 - The Vehicle Financial Responsibility Act of 1957. › § 20-313.1 - Making false certification or giving false information a misdemeanor.

§ 20-313.1. Making false certification or giving false information a misdemeanor.
(a) Any owner of a motor vehicle registered or required to be registered in this State who shall make a false certification concerning his financial responsibility for the operation of such motor vehicle shall be guilty of a Class 1 misdemeanor.
(b) Any person, firm, or corporation giving false information to the Division concerning another's financial responsibility for the operation of a motor vehicle registered or required to be registered in this State, knowing or having reason to believe that such information is false, shall be guilty of a Class 1 misdemeanor. (1963, c. 964, s. 6; 1975, c. 716, s. 5; 1993, c. 539, s. 389; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 13 - The Vehicle Financial Responsibility Act of 1957. › § 20-314 - Applicability of Article 9A; its provisions continued.

§ 20-314. Applicability of Article 9A; its provisions continued.
The provisions of Article 9A, Chapter 20 of the General Statutes, as amended, which pertain to the method of giving and maintaining proof of financial responsibility and which govern and define "motor vehicle liability policy" and assigned risk plans shall apply to filing and maintaining proof of financial responsibility required by this Article. It is intended that the provisions of Article 9A, Chapter 20 of the General Statutes, as amended, relating to proof of financial responsibility required of each operator and each owner of a motor vehicle involved in an accident, and relating to nonpayment of a judgment as defined in G.S. 20-279.1, shall continue in full force and effect. (1957, c. 1393, s. 6; 1963, c. 964, s. 7.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 13 - The Vehicle Financial Responsibility Act of 1957. › § 20-315 - Commissioner to administer Article; rules and regulations.

§ 20-315. Commissioner to administer Article; rules and regulations.
The Commissioner of Motor Vehicles shall administer and enforce the provisions of this Article relating to registration of motor vehicles and may make necessary rules and regulations for its administration. (1957, c. 1393, s. 7.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 13 - The Vehicle Financial Responsibility Act of 1957. › § 20-316 - Divisional hearings upon lapse of liability insurance coverage.

§ 20-316. Divisional hearings upon lapse of liability insurance coverage.
Any person whose registration plate has been revoked under G.S. 20-311 may request a hearing. Upon receipt of such request, the Division shall, as early as practical, afford an opportunity for hearing. At the hearing the duly authorized agents of the Division may administer oaths and issue subpoenas for the attendance of witnesses and the production of relevant books and documents. If it appears that continuous financial responsibility existed for the vehicle involved, or if it appears the lapse of financial responsibility is not reasonably attributable to the neglect or fault of the person whose registration plate was revoked, the Division shall withdraw its order of revocation and such person may retain the registration plate. Otherwise, the order of revocation shall be affirmed and the registration plate surrendered. (1971, c. 1218, s. 1; 1973, c. 1144, ss. 1, 2; 1975, c. 716, s. 5; 2006-213, s. 3.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 13 - The Vehicle Financial Responsibility Act of 1957. › § 20-317 - Insurance required by any other law; certain operators not affected.

§ 20-317. Insurance required by any other law; certain operators not affected.
This Article shall not be held to apply to or affect policies of automobile insurance against liability which may now or hereafter be required by any other law of this State, and such policies, if they contain an agreement or are endorsed to conform to the requirements of this Article, may be certified as proof of financial responsibility under this Article. This Article applies to vehicles of motor carriers required to register with the Division under G.S. 20-382 or G.S. 20-382.1 only to the extent that the amount of financial responsibility required by this Article exceeds the amount required by the United States Department of Transportation. (1957, c. 1393, s. 9; 1959, c. 1252, s. 1; 1975, c. 716, s. 5; 1995 (Reg. Sess., 1996), c. 756, s. 19.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 13 - The Vehicle Financial Responsibility Act of 1957. › § 20-318 - Federal, State and political subdivision vehicles excepted.

§ 20-318. Federal, State and political subdivision vehicles excepted.
This Article does not apply to any motor vehicle owned by the State of North Carolina or by a political subdivision of the State, nor to any motor vehicle owned by the federal government. (1957, c. 1393, s. 10.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 13A - Certification of Automobile Insurance Coverage by Insurance Companies. › § 20-319.1 - Company to forward certification within seven days after receipt of request.

§ 20-319.1. Company to forward certification within seven days after receipt of request.
Upon the receipt by an insurance company at its home office of a registered letter from an insured requesting that it certify to the North Carolina Division of Motor Vehicles whether or not a previously issued policy of automobile liability insurance was in full force and effect on a designated day, it shall be the duty of such insurance company to forward such certification within seven days. (1967, c. 908, s. 1; 1975, c. 716, s. 5.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 13A - Certification of Automobile Insurance Coverage by Insurance Companies. › § 20-319.2 - Penalty for failure to forward certification.

§ 20-319.2. Penalty for failure to forward certification.
If any insurance company shall without good cause fail to forward said certification within seven days after its receipt of such registered letter, the North Carolina Commissioner of Insurance shall be authorized in his discretion to impose a civil penalty upon said company in the amount of two hundred dollars ($200.00) for such violation. (1967, c. 908, s. 2.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 14 - Driver Training School Licensing Law. › § 20-320 - Definitions.

§ 20-320. Definitions.
As used in this Article:
(1) "Commercial driver training school" or "school" means a business enterprise conducted by an individual, association, partnership or corporation which educates or trains persons to operate or drive motor vehicles, administers road tests pursuant to G.S. 20-329, or which furnishes educational materials to prepare an applicant for an examination given by the State for a driver's license or learner's permit, and charges a consideration or tuition for such service or materials.
(2) "Commissioner" means the Commissioner of Motor Vehicles.
(3) "Instructor" means any person who operates a commercial driver training school or who teaches, conducts classes, gives demonstrations, administers road tests, or supervises practical training of persons learning to operate or drive motor vehicles in connection with operation of a commercial driver training school. (1965, c. 873; 1979, c. 667, s. 39; 2021-185, s. 15(b).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 14 - Driver Training School Licensing Law. › § 20-321 - Enforcement of Article by Commissioner.

§ 20-321. Enforcement of Article by Commissioner.
(a) The Commissioner shall adopt and prescribe such regulations concerning the administration and enforcement of this Article as are necessary to protect the public. The Commissioner or his authorized representative shall have the duty of examining applicants for commercial driver training schools and instructor's licenses, licensing successful applicants, and inspecting school facilities, records, and equipment.
(b) The Commissioner shall administer and enforce the provisions of this Article, and may call upon the State Superintendent of Public Instruction for assistance in developing and formulating appropriate regulations. (1965, c. 873; 1973, c. 1331, s. 3; 1987, c. 69, c. 827, s. 3.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 14 - Driver Training School Licensing Law. › § 20-322 - Licenses for schools necessary; regulations as to requirements.

§ 20-322. Licenses for schools necessary; regulations as to requirements.
(a) No commercial driver training school shall be established nor any such existing school be continued on or after July 1, 1965, unless such school applies for and obtains from the Commissioner a license in the manner and form prescribed by the Commissioner.
(b) Regulations adopted by the Commissioner shall state the requirements for a school license, including requirements concerning location, equipment, courses of instruction, instructors, financial statements, schedule of fees and charges, character and reputation of the operators, insurance, bond or other security in such sum and with such provisions as the Commissioner deems necessary to protect adequately the interests of the public, and such other matters as the Commissioner may prescribe. A driver education course offered to prepare an individual for a limited learner's permit or another provisional license must meet the requirements set in G.S. 115C-215 for the program of driver education offered in the public schools. (1965, c. 873; 1997-16, s. 4; 1997-443, s. 32.20; 2011-145, s. 28.37(e).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 14 - Driver Training School Licensing Law. › § 20-323 - Licenses for instructors necessary; regulations as to requirements.

§ 20-323. Licenses for instructors necessary; regulations as to requirements.
(a) No person shall act as an instructor on or after July 1, 1965, unless such person applies for and obtains from the Commissioner a license in the manner and form prescribed by the Commissioner.
(b) Regulations adopted by the Commissioner shall state the requirements for an instructor's license, including requirements concerning moral character, physical condition, knowledge of the courses of instruction, knowledge of the motor vehicle laws and safety principles, previous personal and employment records, and such other matters as the Commissioner may prescribe, for the protection of the public. (1965, c. 873.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 14 - Driver Training School Licensing Law. › § 20-324 - Expiration and renewal of licenses; fees.

§ 20-324. Expiration and renewal of licenses; fees.
(a) Renewal. – A license issued under this Article expires two years after the date the license is issued. To renew a license, the license holder must file an application for renewal with the Division.
(b) Fees. – An application for an initial license or the renewal of a license must be accompanied by the application fee for the license. The application fee for a school license is eighty dollars ($80.00). The application fee for an instructor license is sixteen dollars ($16.00). The application fee for a license is not refundable. Fees collected under this section must be credited to the Highway Fund. (1965, c. 873; 1977, c. 802, s. 9; 1981, c. 690, s. 15; 1997-33, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 14 - Driver Training School Licensing Law. › § 20-325 - Cancellation, suspension, revocation, and refusal to issue or renew licenses.

§ 20-325. Cancellation, suspension, revocation, and refusal to issue or renew licenses.
The Commissioner may cancel, suspend, revoke, or refuse to issue or renew a school or instructor's license in any case where he finds the licensee or applicant has not complied with, or has violated any of the provisions of this Article or any regulation adopted by the Commissioner hereunder. A suspended or revoked license shall be returned to the Commissioner by the licensee, and its holder shall not be eligible to apply for a license under this Article until 12 months have elapsed since the date of such suspension or revocation. (1965, c. 873.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 14 - Driver Training School Licensing Law. › § 20-326 - Exemptions from Article.

§ 20-326. Exemptions from Article.
The provisions of this Article shall not apply to any person giving driver training lessons without charge, to employers maintaining driver training schools without charge for their employees only, or to schools or classes conducted by colleges, universities and high schools. (1965, c. 873.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 14 - Driver Training School Licensing Law. › § 20-327 - Penalties for violating Article or regulations.

§ 20-327. Penalties for violating Article or regulations.
Violation of any provision of this Article or any regulation promulgated pursuant hereto, shall constitute a Class 3 misdemeanor. (1965, c. 873; 1993, c. 539, s. 390; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 14 - Driver Training School Licensing Law. › § 20-328 - Administration of Article.

§ 20-328. Administration of Article.
This Article shall be administered by the Division of Motor Vehicles with no additional appropriations. (1965, c. 873; 1973, c. 440; 1975, c. 716, s. 5.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 14 - Driver Training School Licensing Law. › § 20-329 - Commercial driver training school road test certification.

§ 20-329. Commercial driver training school road test certification.
(a) A licensed commercial driver training school is authorized to administer road tests required for licensure under G.S. 20-11(d)(3) only when certified under this section by the Division.
(b) A person that successfully passes a road test required for licensure administered by a commercial driver training school may submit proof to the Division that the person passed the road test, in a format specified by the Division, for the purpose of meeting the requirement of G.S. 20-11(d)(3).
(c) The Commissioner may adopt rules for school certification to administer road tests, including requirements concerning location, equipment, instructors, schedule of fees and charges, insurance, bond or other security in such sum and with such provisions as the Commissioner deems necessary to protect adequately the interests of the public, and such other matters as the Commissioner may prescribe. (2021-185, s. 15(c).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 15 - Vehicle Mileage Act. › § 20-340 - Purpose.

§ 20-340. Purpose.
This Article shall provide State remedies for persons injured by motor vehicle odometer alteration, and to provide purchasers of motor vehicles with information to assist them in determining the condition and value of such vehicles. Such remedies shall be in addition to remedies provided by the federal odometer law (Motor Vehicle Information and Cost Savings Act, Public Law 92-513, 86 Stat. 947, enacted October 20, 1972). (1973, c. 679, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 15 - Vehicle Mileage Act. › § 20-341 - Definitions.

§ 20-341. Definitions.
As used in this Article:
(1) The term "odometer" means an instrument for measuring and recording the actual distance a motor vehicle travels while in operation; but shall not include any auxiliary odometer designed to be reset by the operator of the motor vehicle for the purpose of recording mileage on trips.
(2) The term "repair and replacement" means to restore to a sound working condition by replacing the odometer or any part thereof or by correcting what is inoperative.
(3) The term "transfer" means to change ownership by purchase, gift, or any other means.
(4) The term "transferee" means any person to whom the ownership in a motor vehicle is transferred or any person who, as agent, accepts transfer of ownership in a motor vehicle for another by purchase, gift, or any means other than by creation of a security interest.
(5) The term "transferor" means any person who or any person who, as agent, transfers his ownership in a motor vehicle by sale, gift or any means other than by creation of a security interest.
(6) The term "lessee" means any person, or the agent for any person, to whom a motor vehicle has been leased for a term of at least four months.
(7) The term "lessor" means any person, or the agent for any person, who has leased five or more vehicles in the past 12 months.
(8) The term "mileage" means the actual distance that a vehicle has traveled. (1973, c. 679, s. 1; 1989, c. 482, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 15 - Vehicle Mileage Act. › § 20-342 - Unlawful devices.

§ 20-342. Unlawful devices.
It is unlawful for any person knowingly to advertise for sale, to sell, to use, or to install or to have installed, any device which causes an odometer to register any mileage other than the true mileage driven. For the purposes of this section, the true mileage driven is that mileage driven by the vehicle as registered by the odometer within the manufacturer's designed tolerance. (1973, c. 679, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 15 - Vehicle Mileage Act. › § 20-343 - Unlawful change of mileage.

§ 20-343. Unlawful change of mileage.
It is unlawful for any person or his agent to disconnect, reset, or alter the odometer of any motor vehicle with the intent to change the number of miles indicated thereon. Whenever evidence shall be presented in any court of the fact that an odometer has been reset or altered to change the number of miles indicated thereon, it shall be prima facie evidence in any court in the State of North Carolina that the resetting or alteration was made by the person, firm or corporation who held title or by law was required to hold title to the vehicle in which the reset or altered odometer was installed at the time of such resetting or alteration or if such person has more than 20 employees and has specifically and in writing delegated responsibility for the motor vehicle to an agent, that the resetting or alteration was made by the agent. (1973, c. 679, s. 1; 1979, c. 696.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 15 - Vehicle Mileage Act. › § 20-344 - Operation of vehicle with intent to defraud.

§ 20-344. Operation of vehicle with intent to defraud.
It is unlawful for any person with the intent to defraud to operate a motor vehicle on any street or highway knowing that the odometer of such vehicle is disconnected or nonfunctional. (1973, c. 679, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 15 - Vehicle Mileage Act. › § 20-345 - Conspiracy.

§ 20-345. Conspiracy.
No person shall conspire with any other person to violate G.S. 20-342, 20-343, 20-344, 20-346, 20-347, or 20-347.1. (1973, c. 679, s. 1; 1989, c. 482, s. 7.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 15 - Vehicle Mileage Act. › § 20-346 - Lawful service, repair, or replacement of odometer.

§ 20-346. Lawful service, repair, or replacement of odometer.
Nothing in this Article shall prevent the service, repair, or replacement of an odometer, provided the mileage indicated thereon remains the same as before the service, repair, or replacement. Where the odometer is incapable of registering the same mileage as before such service, repair, or replacement, the odometer shall be adjusted to read zero and a notice in writing shall be attached to the left door frame of the vehicle by the owner or his agent specifying the mileage prior to repair or replacement of the odometer and the date on which it was repaired or replaced. Any removal or alteration of such notice so affixed shall be unlawful. (1973, c. 679, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 15 - Vehicle Mileage Act. › § 20-347.1 - Odometer disclosure record retention.

§ 20-347.1. Odometer disclosure record retention.
(a) Dealers and distributors of motor vehicles who are required by this Part to execute an odometer disclosure statement shall retain, for five years, a photostat, carbon, or other facsimile copy of each odometer mileage statement which they issue or receive. They shall retain all odometer disclosure statements at their primary place of business in an order that is appropriate to business requirements and that permits systematic retrieval.
(b) Lessors shall retain, for five years following the date they transfer ownership of the leased vehicle, each odometer disclosure statement which they receive from a lessee. They shall retain all odometer disclosure statements at their primary place of business in an order that is appropriate to business requirements and that permits systematic retrieval.
(c) Each auction company shall establish and retain at its primary place of business in an order that is appropriate to business requirements and that permits systematic retrieval, for five years following the date of sale of each motor vehicle, the following records:
(1) The name of the most recent owner (other than the auction company);
(2) The name of the buyer;
(3) The vehicle identification number; and
(4) The odometer reading on the date which the auction company took possession of the motor vehicle.
(d) Records required to be kept under this section shall be open to inspection and copying by law enforcement officers of the Division in order to determine compliance with this Article. (1989, c. 482, s. 6.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 15 - Vehicle Mileage Act. › § 20-348 - Private civil action.

§ 20-348. Private civil action.
(a) Any person who, with intent to defraud, violates any requirement imposed under this Article shall be liable in an amount equal to the sum of:
(1) Three times the amount of actual damages sustained or one thousand five hundred dollars ($1,500), whichever is the greater; and
(2) In the case of any successful action to enforce the foregoing liability, the costs of the action together with reasonable attorney fees as determined by the court.
(b) An action to enforce any liability created under subsection (a) of this section may be brought in any court of the trial division of the General Court of Justice of the State of North Carolina within four years from the date on which the liability arises. (1973, c. 679, s. 1; 1981 (Reg. Sess., 1982), c. 1280, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 15 - Vehicle Mileage Act. › § 20-349 - Injunctive enforcement.

§ 20-349. Injunctive enforcement.
Upon petition by the Attorney General of North Carolina, a violation of this Article may be enjoined as an unfair and deceptive trade practice, as prohibited by G.S. 75-1.1. (1973, c. 679, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 15 - Vehicle Mileage Act. › § 20-350 - Criminal offense.

§ 20-350. Criminal offense.
Any person, firm or corporation violating G.S. 20-343 shall be guilty of a Class I felony. A violation of any remaining provision of this Article shall be a Class 1 misdemeanor. (1973, c. 679, s. 1; 1989, c. 482, s. 7.1; 1993, c. 539, ss. 391, 1262; 1994, Ex. Sess., c. 24, s. 14(c).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 15A - New Motor Vehicles Warranties Act. › § 20-351.1 - Definitions.

§ 20-351.1. Definitions.
As used in this Article:
(1) "Consumer" means the purchaser, other than for purposes of resale, or lessee from a commercial lender, lessor, or from a manufacturer or dealer, of a motor vehicle, and any other person entitled by the terms of an express warranty to enforce the obligations of that warranty.
(2) "Manufacturer" means any person or corporation, resident or nonresident, who manufactures or assembles or imports or distributes new motor vehicles which are sold in the State of North Carolina.
(3) "Motor vehicle" includes a motor vehicle as defined in G.S. 20-4.01 that is sold or leased in this State, but does not include "house trailer" as defined in G.S. 20-4.01 or any motor vehicle that weighs more than 10,000 pounds.
(4) "New motor vehicle" means a motor vehicle for which a certificate of origin, as required by G.S. 20-52.1 or a similar requirement in another state, has never been supplied to a consumer, or which a manufacturer, its agent, or its authorized dealer states in writing is being sold as a new motor vehicle. (1987, c. 385, s. 1; 1989, c. 43, s. 2; c. 519, s. 2; 2005-436, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 15A - New Motor Vehicles Warranties Act. › § 20-351.2 - Require repairs; when mileage warranty begins to accrue.

§ 20-351.2. Require repairs; when mileage warranty begins to accrue.
(a) Express warranties for a new motor vehicle shall remain in effect at least one year or 12,000 miles. If a new motor vehicle does not conform to all applicable express warranties for a period of one year, or the term of the express warranties, whichever is greater, following the date of original delivery of the motor vehicle to the consumer, and the consumer reports the nonconformity to the manufacturer, its agent, or its authorized dealer during such period, the manufacturer shall make, or arrange to have made, repairs necessary to conform the vehicle to the express warranties, whether or not these repairs are made after the expiration of the applicable warranty period.
(b) Any express warranty for a new motor vehicle expressed in terms of a certain number of miles shall begin to accrue from the mileage on the odometer at the date of original delivery to the consumer. (1987, c. 385; 1989, c. 14.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 15A - New Motor Vehicles Warranties Act. › § 20-351.4 - Affirmative defenses.

§ 20-351.4. Affirmative defenses.
It is an affirmative defense to any claim under this Article that an alleged nonconformity or series of nonconformities are the result of abuse, neglect, odometer tampering by the consumer or unauthorized modifications or alterations of a motor vehicle. (1987, c. 385.)