reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 15A - New Motor Vehicles Warranties Act. › § 20-351.5 - Presumption.

§ 20-351.5. Presumption.
(a) It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties if:
(1) The same nonconformity has been presented for repair to the manufacturer, its agent, or its authorized dealer four or more times but the same nonconformity continues to exist; or
(2) The vehicle was out of service to the consumer during or while awaiting repair of the nonconformity or a series of nonconformities for a cumulative total of 20 or more business days during any 12-month period of the warranty,
provided that the consumer has notified the manufacturer directly in writing of the existence of the nonconformity or series of nonconformities and allowed the manufacturer a reasonable period, not to exceed 15 calendar days, in which to correct the nonconformity or series of nonconformities. The manufacturer must clearly and conspicuously disclose to the consumer in the warranty or owners manual that written notification of a nonconformity is required before a consumer may be eligible for a refund or replacement of the vehicle and the manufacturer shall include in the warranty or owners manual the name and address where the written notification may be sent. Provided, further, that notice to the manufacturer shall not be required if the manufacturer fails to make the disclosures provided herein.
(b) The consumer may prove that a defect or condition substantially impairs the value of the motor vehicle to the consumer in a manner other than that set forth in subsection (a) of this section.
(c) The term of an express warranty, the one-year period, and the 20-day period shall be extended by any period of time during which repair services are not available to the consumer because of war, strike, or natural disaster. (1987, c. 385.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 15A - New Motor Vehicles Warranties Act. › § 20-351.6 - Civil action by the Attorney General.

§ 20-351.6. Civil action by the Attorney General.
Whenever, in his opinion, the interests of the public require it, it shall be the duty of the Attorney General upon his ascertaining that any of the provisions of this Article have been violated by the manufacturer to bring a civil action in the name of the State, or any officer or department thereof as provided by law, or in the name of the State on relation of the Attorney General. (1987, c. 385, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 15A - New Motor Vehicles Warranties Act. › § 20-351.7 - Civil action by the consumer.

§ 20-351.7. Civil action by the consumer.
A consumer injured by reason of any violation of the provisions of this Article may bring a civil action against the manufacturer; provided, however, the consumer has given the manufacturer written notice of his intent to bring an action against the manufacturer at least 10 days prior to filing such suit. Nothing in this section shall prevent a manufacturer from requiring a consumer to utilize an informal settlement procedure prior to litigation if that procedure substantially complies in design and operation with the Magnuson-Moss Warranty Act, 15 USC § 2301 et seq., and regulations promulgated thereunder, and that requirement is written clearly and conspicuously, in the written warranty and any warranty instructions provided to the consumer. (1987, c. 385, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 15A - New Motor Vehicles Warranties Act. › § 20-351.8 - Remedies.

§ 20-351.8. Remedies.
In any action brought under this Article, the court may grant as relief:
(1) A permanent or temporary injunction or other equitable relief as the court deems just;
(2) Monetary damages to the injured consumer in the amount fixed by the verdict. Such damages shall be trebled upon a finding that the manufacturer unreasonably refused to comply with G.S. 20-351.2 or G.S. 20-351.3. The jury may consider as damages all items listed for refund under G.S. 20-351.3;
(3) A reasonable attorney's fee for the attorney of the prevailing party, payable by the losing party, upon a finding by the court that:
a. The manufacturer unreasonably failed or refused to fully resolve the matter which constitutes the basis of such action; or
b. The party instituting the action knew, or should have known, the action was frivolous and malicious. (1987, c. 385.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 15A - New Motor Vehicles Warranties Act. › § 20-351.9 - Dealership liability.

§ 20-351.9. Dealership liability.
No authorized dealer shall be held liable by the manufacturer for any refunds or vehicle replacements in the absence of evidence indicating that dealership repairs have been carried out in a manner substantially inconsistent with the manufacturers' instructions. This Article does not create any cause of action by a consumer against an authorized dealer. (1987, c. 385.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 15A - New Motor Vehicles Warranties Act. › § 20-351.11 - Manufacturer's warranty for State motor vehicles that operate on diesel fuel.

§ 20-351.11. Manufacturer's warranty for State motor vehicles that operate on diesel fuel.
Every new motor vehicle purchased by the State that is designed to operate on diesel fuel shall be covered by an express manufacturer's warranty that allows the use of B-20 fuel, as defined in G.S. 143-58.4. This section does not apply if the intended use, as determined by the agency, of the new motor vehicle requires a type of vehicle for which an express manufacturer's warranty allows the use of B-20 fuel is not available. (2007-420, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 15B - North Carolina Motor Vehicle Repair Act. › § 20-354.1 - Scope and application.

§ 20-354.1. Scope and application.
This act shall apply to all motor vehicle repair shops in North Carolina, except:
(1) Any motor vehicle repair shop of a municipal, county, State, or federal government when carrying out the functions of the government.
(2) Any person who engages solely in the repair of any of the following:
a. Motor vehicles that are owned, maintained, and operated exclusively by that person for that person's own use.
b. For-hire vehicles which are rented for periods of 30 days or less.
(3) Any person who repairs only motor vehicles which are operated principally for agricultural or horticultural pursuits on farms, groves, or orchards and which are operated on the highways of this State only incidentally en route to or from the farms, groves, or orchards.
(4) Motor vehicle auctions or persons in the performance of motor vehicle repairs solely for motor vehicle auctions.
(5) Any motor vehicle repair shop in the performance of a motor vehicle repair if the cost of the repair does not exceed three hundred fifty dollars ($350.00).
(6) Any person or motor vehicle repair shop in the performance of repairs on commercial construction equipment or motor vehicles that have a GVWR of at least 26,001 pounds.
(7) When a third party has waived in writing the right to receive written estimates from the motor vehicle repair shop; the third party indicates to the motor vehicle repair shop that the repairs will be paid for by the third party under an insurance policy, service contract, mechanical breakdown contract, or manufacturer's warranty; and the third party further indicates that the customer's share of the cost of repairs, if any, will not exceed three hundred fifty dollars ($350.00). (1999-437, s. 1; 2001-298, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 15B - North Carolina Motor Vehicle Repair Act. › § 20-354.2 - Definitions.

§ 20-354.2. Definitions.
As used in this act:
(1) "Customer" means the person who signs the written repair estimate or any other person whom that person designates as a person who may authorize repair work.
(2) "Employee" means an individual who is employed full time or part time by a motor vehicle repair shop and performs motor vehicle repairs.
(3) "Motor vehicle" means any automobile, truck, bus, recreational vehicle, motorcycle, motor scooter, or other motor-powered vehicle, but does not include trailers, mobile homes, travel trailers, or trailer coaches without independent motive power, or watercraft or aircraft.
(4) "Motor vehicle repair" means all maintenance of and modification and repairs to motor vehicles and the diagnostic work incident to those repairs, including, but not limited to, the rebuilding or restoring of rebuilt vehicles, body work, painting, warranty work, shop supply fees, hazardous material disposal fees incident to a repair, and other work customarily undertaken by motor vehicle repair shops. Motor vehicle repair does not include the sale or installation of tires when authorized by the customer.
(5) "Motor vehicle repair shop" means any person who, for compensation, engages or attempts to engage in the repair of motor vehicles owned by other persons and includes, but is not limited to:
a. Mobile motor vehicle repair shops.
b. Motor vehicle and recreational vehicle dealers.
c. Garages.
d. Service stations.
e. Self-employed individuals.
f. Truck stops.
g. Paint and body shops.
h. Brake, muffler, or transmission shops.
i. Shops doing glasswork.
Any person who engages solely in the maintenance or repair of the coach portion of a recreational vehicle is not a motor vehicle repair shop. (1999-437, s. 1; 2005-463, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 15B - North Carolina Motor Vehicle Repair Act. › § 20-354.3 - Written motor vehicle repair estimate and disclosure statement required.

§ 20-354.3. Written motor vehicle repair estimate and disclosure statement required.
(a) When any customer requests a motor vehicle repair shop to perform repair work on a motor vehicle, the cost of which repair work will exceed three hundred fifty dollars ($350.00) to the customer, the shop shall prepare a written repair estimate, which is a form setting forth the estimated cost of repair work, including diagnostic work, before effecting any diagnostic work or repair. In determining under this section whether the cost of the repair work exceeds three hundred fifty dollars ($350.00), the cost of the repair work shall consist of the cost of parts and labor necessary for the repair work and any charges for necessary diagnostic work and teardown, if any, and shall include any taxes, any other repair shop supplies or overhead, and any other extra services that are incidental to the repair work. The written repair estimate shall also include a statement allowing the customer to indicate whether replaced parts should be saved for inspection or return and a statement indicating the daily charge for storing the customer's motor vehicle after the customer has been notified that the repair work has been completed.
(b) The information required by subsection (a) of this section need not be provided if the customer waives in writing his or her right to receive a written estimate. A customer may waive his or her right to receive any written estimates from a motor vehicle repair shop for a period of time specified by the customer in the waiver.
(c) Except as provided in subsection (e) of this section, a copy of the written repair estimate required by subsection (a) of this section shall be given to the customer before repair work is begun.
(d) If the customer leaves his or her motor vehicle at a motor vehicle repair shop during hours when the shop is not open, or if the motor vehicle repair shop reasonably believes that an accurate estimate of the cost of repairs cannot be made until after the diagnostic work has been completed, or if the customer permits the shop or another person to deliver the motor vehicle to the shop, there shall be an implied partial waiver of the written estimate; however, upon completion of the diagnostic work necessary to estimate the cost of repair, the shop shall notify the customer as required by G.S. 20-354.5(a).
(e) Nothing in this section shall be construed to require a motor vehicle repair shop to give a written estimate price if the motor vehicle repair shop does not agree to perform the requested repair. (1999-437, s. 1; 2001-298, s. 2; 2005-304, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 15B - North Carolina Motor Vehicle Repair Act. › § 20-354.4 - Charges for motor vehicle repair estimate; requirement of waiver of rights prohibited.

§ 20-354.4. Charges for motor vehicle repair estimate; requirement of waiver of rights prohibited.
(a) Before proceeding with preparing an estimate, the shop shall do both of the following:
(1) Disclose to the customer the amount, if any, of the charge for preparing the estimate.
(2) Obtain a written authorization to prepare an estimate if there is a charge for that estimate.
(b) It is a violation of this Article for any motor vehicle repair shop to require that any person waive his or her rights provided in this Article as a precondition to the repair of his or her vehicle by the shop or to impose or threaten to impose any charge which is clearly excessive in relation to the work involved in making the price estimate for the purpose of inducing the customer to waive his or her rights provided in this Article. (1999-437, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 15B - North Carolina Motor Vehicle Repair Act. › § 20-354.6 - Invoice required of motor vehicle repair shop.

§ 20-354.6. Invoice required of motor vehicle repair shop.
The motor vehicle repair shop shall provide each customer, upon completion of any repair, with a legible copy of an invoice for such repair. The invoice shall include the following information:
(1) A statement indicating what was done to correct the problem or a description of the service provided.
(2) An itemized description of all labor, parts, and merchandise supplied and the costs of all labor, parts, and merchandise supplied. No itemized description is required to be provided to the customer for labor, parts, and merchandise supplied when a third party has indicated to the motor vehicle repair shop that the repairs will be paid for under a service contract, under a mechanical breakdown contract, or under a manufacturer's warranty, without charge to the customer.
(3) A statement identifying any replacement part as being used, rebuilt, or reconditioned, as the case may be. (1999-437, s. 1; 2001-298, s. 5; 2002-159, s. 32.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 15B - North Carolina Motor Vehicle Repair Act. › § 20-354.7 - Required disclosure; signs; notice to customers.

§ 20-354.7. Required disclosure; signs; notice to customers.
A sign, at least 24 inches on each side, shall be posted in a manner conspicuous to the public. The sign shall contain:
(1) That the consumer has a right to receive a written estimate or to waive receipt of that estimate if the cost of repairs will exceed three hundred fifty dollars ($350.00).
(2) That the consumer may request, at the time the work order is taken, the return or inspection of all parts that have been replaced during the motor vehicle repair. (1999-437, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 15B - North Carolina Motor Vehicle Repair Act. › § 20-354.8 - Prohibited acts and practices.

§ 20-354.8. Prohibited acts and practices.
It shall be a violation of this Article for any motor vehicle repair shop or employee of a motor vehicle repair shop to do any of the following:
(1) Charge for repairs which have not been expressly or impliedly authorized by the customer.
(2) Misrepresent that repairs have been made to a motor vehicle.
(3) Misrepresent that certain parts and repairs are necessary to repair a vehicle.
(4) Misrepresent that the vehicle being inspected or diagnosed is in a dangerous condition or that the customer's continued use of the vehicle may be harmful or cause great damage to the vehicle.
(5) Fraudulently alter any customer contract, estimate, invoice, or other document.
(6) Fraudulently misuse any customer's credit card.
(7) Make or authorize in any manner or by any means whatever any written or oral statement which is untrue, deceptive, or misleading, and which is known, or which by the exercise of reasonable care should be known, to be untrue, deceptive, or misleading, related to this Article.
(8) Make fraudulent promises of a character likely to influence, persuade, or induce a customer to authorize the repair, service, or maintenance of a motor vehicle.
(9) Substitute used, rebuilt, salvaged, or straightened parts for new replacement parts without notice to the motor vehicle owner and to his or her insurer if the cost of repair is to be paid pursuant to an insurance policy and the identity of the insurer or its claims adjuster is disclosed to the motor vehicle repair shop.
(10) Cause or allow a customer to sign any work order that does not state the repairs requested by the customer.
(11) Refuse to give to a customer a copy of any document requiring the customer's signature upon completion or cancellation of the repair work.
(12) Rebuild or restore a rebuilt vehicle without the knowledge of the owner in a manner that does not conform to the original vehicle manufacturer's established repair procedures or specifications and allowable tolerances for the particular model and year.
(13) Perform any other act that is a violation of this Article or that constitutes fraud or misrepresentation under this Article. (1999-437, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 15B - North Carolina Motor Vehicle Repair Act. › § 20-354.9 - Remedies.

§ 20-354.9. Remedies.
Any customer injured by a violation of this Article may bring an action in the appropriate court for relief. The prevailing party in that action may be entitled to damages plus court costs and reasonable attorneys' fees. The customer may also bring an action for injunctive relief in the appropriate court. A violation of this Article is not punishable as a crime; however, this Article does not limit the rights or remedies which are otherwise available to a consumer under any other law. (1999-437, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 16 - Professional Housemoving. › § 20-356 - Definitions.

§ 20-356. Definitions.
As used in this Article, the following terms mean:
(1) Department. – The Department of Transportation.
(2) House. – A dwelling, building, or other structure in excess of 15 feet in width. Mobile homes, manufactured homes, or modular homes, or portions thereof, are not within this definition when being transported from the manufacturer or from a licensed retail dealer location to the first set-up site.
(3) Housemover. – A person licensed under this Article.
(4) Person. – An individual, corporation, partnership, association, or any other business entity.
(5) Secretary. – The Secretary of the Department of Transportation.
(6) Unsafe practices. – Any act that is determined by a final agency decision of an enforcing agency or by a court of competent jurisdiction to create a hazard to the motoring public, or any citations under the Occupational Safety and Health Act that have become a final order within the last three years for willful serious violations or for failing to abate serious violations, as defined in G.S. 95-127. (1977, c. 720, s. 1; 1979, c. 475, s. 2; 2001-424, s. 27.17(a); 2005-354, s. 1; 2008-89, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 16 - Professional Housemoving. › § 20-357 - Housemovers to be licensed.

§ 20-357. Housemovers to be licensed.
All persons who engage in the profession of housemoving on roads and highways on the State Highway System shall be licensed by the Department. (1977, c. 720, s. 2.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 16 - Professional Housemoving. › § 20-358 - Qualifications to become licensed.

§ 20-358. Qualifications to become licensed.
The Department shall issue annual printed licenses to applicants meeting the following conditions:
(1) The applicant must be at least 21 years of age; present acceptable evidence of good character and show sufficient housemoving experience on the application form furnished by the Department. Proof of creditable housemoving experience must be furnished at the time of application for those applicants not previously licensed by the Department. Creditable housemoving experience means extensive and responsible training gained by the applicant while engaged actively and directly on a full-time basis in the moving of houses and structures on public roads and highways with at least five years of experience. Examples of the capacity in which a person may work in gaining experience include the following in building moving operations:
a. Moving superintendent,
b. Moving foreman, and
c. General mechanic and helper in the housemoving profession or trade.
To comply with the requirement of proof of creditable housemoving experience, each applicant not previously licensed under this Article shall submit to the Department an affidavit from a certified public accountant that the applicant has documented employment records for a period of five continuous years from a person or persons licensed by this State or another state for housemoving. Each applicant not previously licensed under this Article shall also submit to the Department affidavits from a person or persons licensed in this State or another state in housemoving, who have employed the applicant in housemoving, providing in detail the applicant's full-time experience, including any supervisory duties and experience, in housemoving.
(2) Repealed by Session Laws 1981, c. 818, s. 3.
(3) The applicant must furnish proof that all of the vehicles, excluding "beams and dollies" and "hauling units," to be used in the movement of buildings, structures, or other extraordinary objects wider than 15 feet have met the requirements of G.S. 20-183.2 pertaining to the equipment inspection of motor vehicles; provided that the "beams and dollies" and "hauling units" are excluded from inspection under G.S. 20-183.2 and, further, are not required to be equipped with brakes.
(4) The applicant must exhibit his federal employer's identification number.
(5) The applicant must pay an annual license fee of one hundred dollars ($100.00). (1977, c. 720, s. 3; 1981, c. 818, s. 3; 1991 (Reg. Sess., 1992), c. 813, s. 2; 2005-354, s. 2; 2008-89, s. 2.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 16 - Professional Housemoving. › § 20-359 - Effective period of license.

§ 20-359. Effective period of license.
A license issued hereunder shall be effective from date of issuance and expire on July 31 of each year and shall be renewable on an annual basis. (1977, c. 720, s. 4; 2005-354, s. 3.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 16 - Professional Housemoving. › § 20-359.1 - Insurance requirements.

§ 20-359.1. Insurance requirements.
(a) No license shall be issued or renewed pursuant to this Article unless the applicant files with the Department a certificate or certificates of insurance, from an insurance company or companies authorized to do business in this State, providing:
(1) Motor vehicle insurance for bodily injury to or death of one or more persons in any one accident and for injury to or destruction of property of others in any one accident with minimum coverage of three hundred fifty thousand dollars ($350,000) combined single limit of liability;
(2) Comprehensive general liability insurance with a minimum coverage of three hundred fifty thousand dollars ($350,000) combined single limit of liability, including coverage of operations on North Carolina streets and highways that are not covered by motor vehicle insurance; and
(3) Workers' compensation insurance that complies with Chapter 97 for all employees if the person is licensed as a professional housemover. The exemptions in G.S. 97-13 from the provisions of Chapter 97 shall not apply to licensed professional housemovers.
(b) The certificate or certificates shall provide for continuous coverage during the effective period of the license issued pursuant to this Article. At the time the certificate is filed, the applicant shall also file with the Department a current list of all motor vehicles covered by the certificate. The applicant shall file amendments to the list within 15 days of any changes.
(c) An insurance company issuing any insurance policy required by subsection (a) of this section shall notify the Department of any of the following events at least 30 days before its occurrence: (i) cancellation of the policy, (ii) nonrenewal of the policy, or (iii) any change in the policy.
(d) In addition to all coverages required by this section, the applicant shall file with the Department a copy of either: (i) a bond or other acceptable surety providing coverage in the amount of twenty-five thousand dollars ($25,000) for the benefit of a person contracting with the housemover to move that person's structure for all claims for property damage arising from the movement of a structure pursuant to this Article, or (ii) a policy of cargo insurance in the amount of fifty thousand dollars ($50,000). (1981, c. 818, s. 1; 1991 (Reg. Sess., 1992), c. 813, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 16 - Professional Housemoving. › § 20-360 - Requirements for permit.

§ 20-360. Requirements for permit.
(a) Persons licensed as professional housemovers shall also be required to secure a permit from the Department for every move undertaken on the State Highway System of roads; that permit shall be issued by the Department after determining that the applicant is (i) properly licensed, (ii) furnished special surety bonds as required by the Department, and (iii) complying with such other regulations as required by the Department.
(b) It shall be the duty of the applicant to see that the "beams and dollies" and "hauling units" used shall be constructed with proper material in a suitable manner and utilized so as to provide for the safety of the general public and the structure being relocated. Any violation of this duty may result in suspension or revocation of his license by the Department.
(c) A license shall not be required for an individual owner of a towing vehicle moving their own buildings from or to property owned individually by those persons; however, a permit will be required for all moves.
(d) Licensed housemovers shall furnish front and rear certified escort vehicles on all moves, one or both of which may be a marked police, sheriff or State Highway Patrol vehicle as determined by the issuing agent, or one or two properly equipped certified escort vehicles depending on the number of law-enforcement vehicles escorting the move; escort vehicles shall operate where possible at a distance of 300 feet from the structure being moved; that this interval will be closed in cities and other congested areas to protect other traffic from the swing of the load at corners and turns, and the certified escort vehicles shall comply with all restrictions as provided on the permit secured for movement of the structure. (1977, c. 720, s. 5; 1981, c. 818, s. 2; 2005-354, s. 4.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 16 - Professional Housemoving. › § 20-361 - Application for permit and permit fee.

§ 20-361. Application for permit and permit fee.
Application for a permit to move a structure must be made to the division or district engineer having jurisdiction at least two days prior to the date of the move. For good cause shown, this time may be waived by the district or division engineer. A travel plan and a permit application fee of twenty dollars ($20.00) shall accompany the application. Division or district engineers are authorized to issue permits for individual moves of a structure or building whose width does not exceed 36 feet. The travel plan will show the proposed route, the time estimated for each segment of the move, a plan to handle traffic so that no one delay to other highway users shall exceed 20 minutes. The division or district engineers shall review the travel plan and if the route cannot accommodate the move due to roadway weight limits, bridge size or weight limits, or will cause undue interruption of traffic flow, the permit shall not be issued. The applicant may submit alternate plans if desired until an acceptable route is determined. If the width of the building or structure to be relocated is more than 36 feet, or if no acceptable travel plan has been filed, and the denial of the permit would cause a hardship, the application and travel plan may be submitted to the Department on appeal. After reviewing the route and travel plan, the Department may in its discretion issue the permit after considering the practical physical limitations of the route, the nature and purpose of the move, the size and weight of the structure, the distance the structure is to be moved, and the safety and convenience of the traveling public. A surety bond in an amount to cover the cost of any damage to the pavement, structures, bridges, roadway or other damages that may occur can be required if deemed necessary by the Department. (1977, c. 720, s. 6; 1991 (Reg. Sess., 1992), c. 813, s. 3.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 16 - Professional Housemoving. › § 20-362 - Liability of housemovers.

§ 20-362. Liability of housemovers.
The permittee assumes all responsibility for injury to persons or damage to property of any kind and agrees to hold the Department harmless for any claims arising out of his conduct or actions. (1977, c. 720, s. 7.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 16 - Professional Housemoving. › § 20-363 - Removal and replacement of obstructions.

§ 20-363. Removal and replacement of obstructions.
All obstructions, including mailboxes, traffic signals, signs, and utility lines will be removed immediately prior to and replaced immediately after the move at the expense of the mover. Any property, real or personal, to be removed, which is not located in the right-of-way, shall not be removed until the owner is notified and arrangements for and approval from the owner are obtained. (1977, c. 720, s. 8; 2008-89, s. 3.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 16 - Professional Housemoving. › § 20-364 - Route changes.

§ 20-364. Route changes.
Irrespective of the route shown on the permit, an alternate route will be followed:
(1) If directed by a peace officer.
(2) If directed by a uniformed officer assigned to a weigh station to follow a route to a weighing device.
(3) If the specified route is officially detoured. Should a detour be encountered, the driver shall check with the office issuing permit on which he is traveling prior to proceeding. (1977, c. 720, s. 9; 2004-124, s. 18.3(d).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 16 - Professional Housemoving. › § 20-365 - Loading or parking on right-of-way.

§ 20-365. Loading or parking on right-of-way.
The object to be transported will not be loaded, unloaded, nor parked, day or night, on highway right-of-way without specific permission from the district or division engineer. (1977, c. 720, s. 10.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 16 - Professional Housemoving. › § 20-366 - Effect of weather.

§ 20-366. Effect of weather.
No move will be made when atmospheric conditions render visibility lower than safe for travel. Moves will not be made when highway is covered with snow or ice, or at any time travel conditions are considered unsafe by the Department or Highway Patrol or other law-enforcement officers having jurisdiction. (1977, c. 720, s. 11.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 16 - Professional Housemoving. › § 20-367 - Obtaining license or permit by fraud.

§ 20-367. Obtaining license or permit by fraud.
The permit may be voided if any conditions of the permit are violated. Upon any violation, the permit must be surrendered and a new permit obtained before proceeding. Misrepresentation of information on application to obtain a license, fraudulently obtaining a permit, alteration of a permit, or unauthorized use of a permit will render the permit void. (1977, c. 720, s. 12.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 16 - Professional Housemoving. › § 20-369 - Out-of-state licenses and permits.

§ 20-369. Out-of-state licenses and permits.
An out-of-state person, partnership, or corporation engaging in the structural moving business may apply to the Department for a license to engage in the housemoving profession in North Carolina, and obtain permits for moves by complying with the provisions of this Article and the regulations of the Department in the same manner as is required of North Carolina residents and by showing that the state in which the housemover operates his business extends similar privileges to housemovers licensed in North Carolina. (1977, c. 720, s. 14; 1979, c. 475, s. 1.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 16 - Professional Housemoving. › § 20-371 - Penalties.

§ 20-371. Penalties.
(a) Any person violating the provisions of this Article or the regulations of the Department governing housemoving shall be guilty of a Class 1 misdemeanor.
(b) The Department is hereby authorized in the name of the State to apply for relief by injunction, in the established manner provided in cases of civil procedure, without bond, to enforce the provisions of this Article, or to restrain any violation thereof. In such proceedings, it shall not be necessary to allege or prove either that an adequate remedy at law does not exist, or that substantial or irreparable damage would result from the continued violation thereof. (1977, c. 720, s. 16; 1993, c. 539, s. 392; 1994, Ex. Sess., c. 24, s. 14(c); 2008-89, s. 4.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 16 - Professional Housemoving. › § 20-372 - Invalid section; severability.

§ 20-372. Invalid section; severability.
If any of the provisions of this Article, or if the application of such provisions to any person or circumstance shall be held invalid, the remainder of this Article and the application of such provision of this Article other than those as to which it is held valid, shall not be affected thereby. (1977, c. 720, s. 17.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 16 - Professional Housemoving. › § 20-374 - Unsafe practices.

§ 20-374. Unsafe practices.
(a) If the Department determines that a housemover has engaged in unsafe practices, all licenses, permits, and authorizations issued to the person pursuant to this Article shall be revoked for a period of six months.
(b) Any person whose license, permit, or authorization issued under this Article is revoked pursuant to this section may request a hearing to be held before the Secretary or a person designated by the Secretary. The licensee shall be notified in writing no less than 10 days prior to the hearing of the time and place of the hearing. At the hearing, the parties shall be given an opportunity to present evidence on issues of fact, examine and cross-examine witnesses, and present arguments on issues of law. The decision of the Secretary or of the person designated by the Secretary shall be final. Any person aggrieved by the final decision may seek judicial review of the decision in accordance with the provisions of Article 4 of Chapter 150B of the General Statutes. (2008-89, s. 5.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 17 - Motor Carrier Safety Regulation Unit. › § 20-376 - Definitions.

§ 20-376. Definitions.
The following definitions apply in this Article:
(1) Federal safety and hazardous materials regulations. – The federal motor carrier safety regulations contained in 49 C.F.R. Parts 171 through 180, 382, and 390 through 398.
(2) Foreign commerce. – Commerce between any of the following:
a. A place in the United States and a place in a foreign country.
b. Places in the United States through any foreign country.
(3) Interstate commerce. – As defined in 49 C.F.R. Part 390.5.
(3a) Interstate motor carrier. – Any person, firm, or corporation that operates or controls a commercial motor vehicle as defined in 49 C.F.R. § 390.5 in interstate commerce.
(4) Intrastate commerce. – As defined in 49 C.F.R. Part 390.5.
(5) Intrastate motor carrier. – Any person, firm, or corporation that operates or controls a motor vehicle in intrastate commerce when the vehicle:
a. Is a vehicle having a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR) or gross vehicle weight (GVW) or gross combination weight (GCW) of 26,001 pounds or more, whichever is greater.
b. Is designed or used to transport 16 or more passengers, including the driver.
c. Is used in transporting a hazardous material in a quantity requiring placarding pursuant to 49 C.F.R. Parts 170 through 185. (1985, c. 454, s. 1; 1993 (Reg. Sess., 1994), c. 621, s. 5; 1995 (Reg. Sess., 1996), c. 756, s. 20; 1997-456, s. 36; 1998-149, s. 11; 1999-452, s. 21; 2002-152, s. 3; 2010-129, s. 5.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 17 - Motor Carrier Safety Regulation Unit. › § 20-377 - General powers of Department of Public Safety.

§ 20-377. General powers of Department of Public Safety.
The Department of Public Safety shall have and exercise such general power and authority to supervise and control the motor carriers of the State as may be necessary to carry out the laws providing for their regulation, and all such other powers and duties as may be necessary or incident to the proper discharge of its duties. (1985, c. 454, s. 1; 2002-159, s. 31.5(b); 2002-190, s. 2; 2011-145, s. 19.1(g).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 17 - Motor Carrier Safety Regulation Unit. › § 20-379 - Department of Public Safety to audit motor carriers for compliance.

§ 20-379. Department of Public Safety to audit motor carriers for compliance.
The Department of Public Safety must periodically audit each motor carrier to determine if the carrier is complying with this Article and, if the motor carrier is subject to regulation by the North Carolina Utilities Commission, with Chapter 62 of the General Statutes. In conducting the audit, the Department of Public Safety may examine a person under oath, compel the production of papers and the attendance of witnesses, and copy a paper for use in the audit. An employee of the Department of Public Safety may enter the premises of a motor carrier during reasonable hours to enforce this Article. When on the premises of a motor carrier, an employee of the Department of Public Safety may set up and use equipment needed to make the tests required by this Article. (1985, c. 454, s. 1; 1995 (Reg. Sess., 1996), c. 756, s. 22; 2002-159, s. 31.5(b); 2002-190, s. 2; 2011-145, s. 19.1(g).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 17 - Motor Carrier Safety Regulation Unit. › § 20-380 - Department of Public Safety may investigate accidents involving motor carriers and promote general safety program.

§ 20-380. Department of Public Safety may investigate accidents involving motor carriers and promote general safety program.
The Department of Public Safety may conduct a program of accident prevention and public safety covering all motor carriers with special emphasis on highway safety and transport safety and may investigate the causes of any accident on a highway involving a motor carrier. Any information obtained in an investigation shall be reduced to writing and a report thereof filed in the office of the Department of Public Safety, which shall be subject to public inspection but such report shall not be admissible in evidence in any civil or criminal proceeding arising from such accident. The Department of Public Safety may adopt rules for the safety of the public as affected by motor carriers and the safety of motor carrier employees. The Department of Public Safety shall cooperate with and coordinate its activities for motor carriers with other agencies and organizations engaged in the promotion of highway safety and employee safety. (1985, c. 454, s. 1; 1995 (Reg. Sess., 1996), c. 756, s. 23; 2002-159, s. 31.5(b); 2002-190, s. 2; 2011-145, s. 19.1(g).)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 17 - Motor Carrier Safety Regulation Unit. › § 20-382 - For-hire motor carrier registration, insurance verification, and temporary trip permit authority.

§ 20-382. For-hire motor carrier registration, insurance verification, and temporary trip permit authority.
(a) UCRA. – The Commissioner may enter into the Unified Carrier Registration Agreement (UCRA), established pursuant to Section 4305 of Public Law 109-73, and into agreements with jurisdictions participating in the UCRA to exchange information for any audit or enforcement activity required by the UCRA. Upon entry into the UCRA, the requirements set under the UCRA apply to the Division. If a requirement set under the UCRA conflicts with this section, the UCRA controls. Rules adopted to implement this section must ensure compliance with mandates of the Federal Motor Carrier Safety Administration and the United States Department of Transportation.
(a1) Carrier Registration. – A motor carrier may not operate a for-hire motor vehicle in interstate commerce in this State unless the motor carrier has complied with all of the following requirements:
(1) Registered its operations with its base state.
(1a) Done one of the following:
a. Filed a copy of the certificate of authority issued to it by the United States Department of Transportation allowing it to transport regulated items in this State and any amendments to that authority.
b. Certified to the Division that it carries only items that are not regulated by the United States Department of Transportation.
(2) Verified, in accordance with subsection (b) of this section, that it has insurance for each for-hire motor vehicle it operates.
(3) Paid the fees set in G.S. 20-385.
(b) Insurance Verification. – A motor carrier that operates a for-hire motor vehicle in interstate commerce in this State and is regulated by the United States Department of Transportation must verify to the Division that each for-hire motor vehicle the motor carrier operates in this State is insured in accordance with the requirements set by the United States Department of Transportation. A motor carrier that operates a for-hire motor vehicle in interstate commerce in this State and is exempt from regulation by the United States Department of Transportation must verify to the Division that each for-hire motor vehicle the motor carrier operates in this State is insured in accordance with the requirements set by the North Carolina Utilities Commission.
(c) Trip Permit. – A motor carrier that is not registered as required by this section may obtain an emergency trip permit. An emergency trip permit allows the motor carrier to operate a for-hire motor vehicle in this State for a period not to exceed 10 days. (1985, c. 454, s. 1; 1993 (Reg. Sess., 1994), c. 621, s. 1; 1995 (Reg. Sess., 1996), c. 756, s. 25; 2007-492, s. 3; 2010-97, s. 4.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 17 - Motor Carrier Safety Regulation Unit. › § 20-382.1 - Registration of for-hire intrastate motor carriers and verification that their vehicles are insured.

§ 20-382.1. Registration of for-hire intrastate motor carriers and verification that their vehicles are insured.
(a) Registration. – A for-hire motor carrier may not operate a for-hire motor vehicle in intrastate commerce in this State unless the motor carrier has complied with all of the following requirements:
(1) For a motor carrier that hauls household goods, registered its operations with the State by doing one of the following:
a. Obtaining a certificate of authority from the North Carolina Utilities Commission.
b. Obtaining a certificate of exemption from the Division.
(1a) For a motor carrier that does not haul household goods, registered its operations with the Division.
(2) Verified, in accordance with subsection (b) of this section, that it has insurance for each for-hire motor vehicle it operates in this State.
(3) Paid the fees set in G.S. 20-385.
(b) Insurance Verification. – A for-hire motor carrier that operates a for-hire vehicle in intrastate commerce in this State must verify to the Division that each for-hire motor vehicle it operates in this State is insured. To do this, the motor carrier must submit an insurance verification form to the Division and must file annually with the Division a list of the for-hire vehicles it operates in this State. (1993 (Reg. Sess., 1994), c. 621, s. 2; 1995 (Reg. Sess., 1996), c. 756, s. 26.)
2023 North Carolina General Statutes › Chapter 20 - Motor Vehicles › Article 17 - Motor Carrier Safety Regulation Unit. › § 20-382.2 - Penalty for failure to comply with registration or insurance verification requirements.

§ 20-382.2. Penalty for failure to comply with registration or insurance verification requirements.
(a) Acts. – A motor carrier who does any of the following is subject to a civil penalty of one thousand dollars ($1,000):
(1) Operates a for-hire motor vehicle in this State without registering its operations, as required by this Part.
(2) Repealed by Session Laws 2007-492, s. 4, effective August 30, 2007.
(3) Operates a for-hire motor vehicle in intrastate commerce in this State for which it has not verified it has insurance, as required by G.S. 20-382.1.
(b) Payment and Review. – When the Department of Public Safety finds that a for-hire motor vehicle is operated in this State in violation of the registration and insurance verification requirements of this Part, the Department must place the motor vehicle out of service until the motor carrier is in compliance and the penalty imposed under this section is paid unless the officer that imposes the penalty determines that operation of the motor vehicle will not jeopardize collection of the penalty. A motor carrier that denies liability for a penalty imposed under this section may pay the penalty under protest and follow the procedure in G.S. 20-178.1 for a departmental review of the penalty.
(c) Judicial Restriction. – A court of this State may not issue a restraining order or an injunction to restrain or enjoin the collection of a penalty imposed under this section or to permit the operation of a vehicle placed out of service under this section without payment of the penalty.
(d) Proceeds. – A penalty imposed under this section is payable to the Department of Transportation, Fiscal Section. The clear proceeds of all civil penalties assessed by the Department pursuant to this section, minus any fees paid as interest, filing fees, attorneys' fees, or other necessary costs of court associated with the defense of penalties imposed pursuant to this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. (1993 (Reg. Sess., 1994), c. 621, s. 3; 1997-466, s. 3; 2002-159, s. 31.5(b); 2002-190, ss. 2, 3; 2005-64, s. 1; 2007-492, s. 4; 2009-376, ss. 2(b), 14; 2011-145, s. 19.1(g).)