reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0200 - MOTOR VEHICLE DEALER, SALES, DISTRIBUTOR AND FACTORY REPRESENTATIVE LICENSE › Section 03D .0227 - VEHICLES OFFERED FOR SALE ON A FLOOR PLAN LIEN

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  "floor plan "lien" is a revolving line of credit in which a superior financial
				  interest in a vehicle is held by a party other than the dealer.
(b) A dealer offering a vehicle subject to a
				  floor plan lien for sale shall at the time of sale, satisfy the floor plan lien
				  and obtain the title from the floor plan lienholder, execute the title
				  documents, and deliver them to the purchaser or the lienholder as required by
				  G.S.
				  20-52.1,
				  20-72,
				  20-72.1 and
				  20-75 at the time the vehicle is
				  delivered.
(c) Manufacturers
				  Certificate of Origin may be retained by the floor plan lienholder so long as
				  the Manufacturers Certificate of Origin is located within the boundaries of
				  North Carolina; provided the dealer has in possession, available for
				  inspection, an invoice from the manufacturer or distributor and a Floor Plan
				  Lien Disclosure Statement completed, dated, and signed by both parties. The
				  Floor Plan Lien Disclosure Statement (LT-411) includes the following:
(1) name of lien holder;
(2) vehicle make, model, and style;
(3) vehicle identification number;
(4) address of lien holder;
(5) name of dealership;
(6) signature of lien holder and dealer;
				  and
(7) date of
				  agreement.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0200 - MOTOR VEHICLE DEALER, SALES, DISTRIBUTOR AND FACTORY REPRESENTATIVE LICENSE › Section 03D .0228 - BILL OF SALE, ODOMETER STATEMENT WRITTEN DOCUMENTATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Bill of Sale - Every motor vehicle
				  dealer, manufacturer, factory branch, distributor, distributor branch or
				  wholesaler at the time of sale or trade shall provide to the buyer in writing
				  the applicable information listed below which may be on a bill of sale, buyer's
				  order, financial statement or combination thereof. Each form must be completed
				  in duplicate, signed by the buyer and seller, and the original or copy provided
				  to the buyer and a copy of original retained by the dealer for four years. Such
				  information shall include:
(1) Name and
				  address of person, firm or corporation to whom vehicle sold or
				  traded.
(2) Date of sale or
				  trade.
(3) Name and address of
				  motor vehicle dealer, manufacturer, factory branch, distributor, distributor
				  branch or wholesaler selling or trading vehicle.
(4) Make, body style, vehicle identification
				  number and year model.
(5) Sale
				  price of vehicle.
(6) Amount of
				  cash down payment made by the buyer.
(7) Description of any vehicle used as a
				  trade-in and the amount credited the buyer for sale trade-in. [Description of
				  trade-in shall be the same as outlined in Subparagraph (a)(4) of this
				  Rule.]
(8) Amount of finance
				  charge, if any, and interest.
(9)
				  The cost of insurance to the buyer, if any, and an explanation of the type and
				  amount of coverage.
(10) Any
				  investigation charges, service charges or any other charge or charges not
				  included in previous items. The purpose of each charge must be
				  specified.
(11) Net balance due
				  from the buyer.
(12) The amount of
				  each payment and the time and schedule of deferred payment and to whom payments
				  are to be made.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0200 - MOTOR VEHICLE DEALER, SALES, DISTRIBUTOR AND FACTORY REPRESENTATIVE LICENSE › Section 03D .0229 - CORP. SURETY BONDS: MOBILE MANUFACTURED HOME DEALERS

Current through Register Vol. 39, No. 2, July 15, 2024
A person, business or entity who is engaged in the business
					 of selling mobile or manufactured home, as defined in
					 G.S.
					 143-143.9, and who also sells motor vehicles
					 in connection to this business, shall either:
(1) furnish to the Division a corporate
				  surety bond, cash bond, or fixed equivalent thereof pursuant to
				  G.S.
				  20-288(e); or
(2) furnish to the Division a copy of the
				  bond that the dealer has furnished to the North Carolina Manufactured Housing
				  Board, pursuant to
				  G.S.
				  143-143.12.
Authority
					 G.S.
					 20-288(e);
					 20-302;
Eff. June 1,
					 1988;
Amended Eff. January 1, 1994;
Readopted Eff.
					 September 1, 2021.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0200 - MOTOR VEHICLE DEALER, SALES, DISTRIBUTOR AND FACTORY REPRESENTATIVE LICENSE › Section 03D .0230 - SUSPENSION: REVOCATION AND RENEWAL REFUSED

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Suspension: Any person, firm or corporation whose license is suspended shall:
(1) Surrender all licenses and license plates
				  (dealer, manufacturer or temporary marker) to the Division and not engage in
				  the business of buying, selling, trading or manufacturing motor vehicles while
				  license is suspended.
(2)
				  Reinstatement: At the termination of period of suspension, license, license
				  plates and temporary markers will be returned to licensee upon payment of
				  necessary fees, if any. If no fees are due, license, license plates and
				  temporary markers will be returned to licensee upon request; if fees are due,
				  licensee shall be notified prior to date of termination of
				  suspension.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0200 - MOTOR VEHICLE DEALER, SALES, DISTRIBUTOR AND FACTORY REPRESENTATIVE LICENSE › Section 03D .0231 - HEARINGS PURSUANT TO ARTICLES 12 AND 15 OF CHAPTER 20

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  The following shall be applicable to hearings requested under
				  G.S.
				  20-296:
(1)
				  No license issued under this Article shall be suspended, revoked or renewal
				  refused until a hearing has been held before the Commissioner or a person
				  designated by him and licensee shall have been notified in writing ten days
				  prior to such hearing by certified mail to his last known address as shown by
				  records of the Division. Provided, however, if a licensee fails to maintain a
				  bond as required by
				  G.S.
				  20-288(e) or fails to
				  purchase dealer license plates as required by
				  G.S.
				  20-79, the Division shall cancel the dealer's
				  license subject to the provision that the licensee shall be granted a hearing
				  if requested in writing within ten days after the date of cancellation of such
				  license.
(2) Hearing shall be held
				  at a place designated by the Commissioner.
(3) The licensee shall be advised of the
				  decision of the Commissioner in writing by certified mail within 30 days of the
				  decision to his last known address as shown by records of the
				  Division.
(4) The decision of the
				  Commissioner or his duly authorized representative, after hearing, shall be
				  final and appeal therefrom shall be as provided in Chapter 150B of the North
				  Carolina General Statutes (G.S.
				  20-300).
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0200 - MOTOR VEHICLE DEALER, SALES, DISTRIBUTOR AND FACTORY REPRESENTATIVE LICENSE › Section 03D .0232 - CIVIL PENALTY SCHEDULE FOR NON-LICENSED MOTOR VEHICLE DEALERS

Current through Register Vol. 39, No. 2, July 15, 2024
The civil penalty schedule established in this Rule shall
					 apply to a person acting as a dealer who has not obtained a license pursuant to
					 Article 12 of the Motor Vehicle dealers and Manufacturers Licensing Law. The
					 Division of Motor Vehicles shall apply the penalty schedule in the following
					 manner:
(1) For a first offense of
				  selling motor vehicles without a license against any person who is required to
				  obtain a license under
				  G.S.
				  20-287 and has not obtained the license, the
				  DMV shall levy and collect a civil penalty of one thousand dollars ($1000) in
				  addition to any other punishment required under the law.
(2) For a second offense of selling motor
				  vehicles without a license against any person who is required to obtain a
				  license under
				  G.S.
				  20-287 and has not obtained the license, the
				  DMV shall levy and collect a civil penalty of three thousand dollars ($3,000)
				  in addition to any other punishment under the law.
(3) For a third or subsequent offense of
				  selling motor vehicles without a license against any person who is required to
				  obtain a license under G.S. 287 and has not obtained the license, the Division
				  shall levy and collect a civil penalty of five thousand dollars ($5,000) in
				  addition to any other punishment under the law.
Authority
					 G.S.
					 20-39;
					 20-287;
Eff. August 1,
					 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 22,
					 2018.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0200 - MOTOR VEHICLE DEALER, SALES, DISTRIBUTOR AND FACTORY REPRESENTATIVE LICENSE › Section 03D .0233 - CIVIL PENALTY SCHEDULE FOR LICENSED MOTOR VEHICLE DEALERS

Current through Register Vol. 39, No. 2, July 15, 2024
The civil penalty schedule established in this Rule applies
					 to motor vehicle dealers, motor vehicle sales representatives, manufacturers,
					 factory branches, factory representatives, distributors, representatives,
					 distributor branches, distributor representatives, and wholesalers. The
					 schedule categorizes violations as Type I (serious) Violations, Type II
					 (moderate/less serious) Violations, and Type III (minor) Violations. The DMV
					 shall apply the Civil Penalty Schedule as follows:
(1) Type I Violation: For a first Type I
				  violation within three years by a licensee, the Division shall assess a civil
				  penalty of two hundred fifty dollars ($250.00) in addition to any other
				  punishment or remedy under the law. For a second Type I violation within three
				  years by a licensee, the Division shall assess a civil penalty of five hundred
				  dollars ($500.00) in addition to any other punishment or remedy under the law.
				  For a third or subsequent Type I violation within three years by a licensee,
				  the Division shall assess a civil penalty of one thousand dollars ($1,000) in
				  addition to any other punishment or remedy under the law.
(2) Type II Violation: For a first Type II
				  violation within three years by a licensee, the Division shall assess a civil
				  penalty of one hundred dollars ($100.00) in addition to any other punishment or
				  remedy under the law. For a second Type II violation within three years by a
				  licensee, the Division shall assess a civil penalty of two hundred fifty
				  dollars ($250.00) in addition to any other punishment or remedy under the law.
				  For a third or subsequent Type II violation within three years by a licensee,
				  the Division shall assess a civil penalty of five hundred dollars ($500.00) in
				  addition to any other punishment or remedy under the law.
(3) Type III Violation: For any Type III
				  violation by a licensee, the Division shall assess a civil penalty of fifty
				  dollars ($50.00) in addition to any other punishment or remedy under the
				  law.
(4) Multiple Violations: If a
				  licensee commits two or more violations in the course of a single transaction
				  or occurrence, the division shall assess a civil penalty specified for the most
				  serious violation only, based upon the schedule set out in this Rule.
Authority
					 G.S.
					 20-39;
					 20-287;
Eff. August 1,
					 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 22,
					 2018.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0200 - MOTOR VEHICLE DEALER, SALES, DISTRIBUTOR AND FACTORY REPRESENTATIVE LICENSE › Section 03D .0235 - TYPE II MODERATE OR LESS SERIOUS VIOLATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The Division of Motor Vehicles shall apply the Civil
					 Penalty Schedule for Type II Violations against a licensed automobile dealer
					 for any of the following:
(1) Failing
				  to maintain in full force and effect a corporate surety bond as required by
				  G.S.
				  20-288(c);
(2) Displaying motor vehicles for sale at
				  retail at a location other than an established salesroom as required in
				  G.S.
				  20-292;
(3) Failing to inspect new vehicles prior to
				  retail sale and failing to inspect used vehicles before they are offered for
				  sale as required in
				  G.S.
				  20-183.4C;
(4) Failing to maintain and retain a record
				  of all vehicles received and sold by the dealer to include all Division of
				  Motor Vehicles' requirements for the period of time required by the Division as
				  addressed in
				  G.S.
				  20-297;
(5) Improperly issuing or using 30-day
				  temporary markers as addressed in
				  G.S.
				  20-79.1;
(6) Violating any rules in connection with
				  the selling of vehicles on consignment as addressed in
				  19A NCAC
				  03D .0226; and
(7) Violating any laws concerning conspicuous
				  disclosure of dealer administrative fees or finance yield charges as addressed
				  in G.S.
				  20-101.1 and
				  G.S.
				  20-101.2.
Authority
					 G.S.
					 20-39;
					 20-287;
Eff. August 1,
					 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 22,
					 2018.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0200 - MOTOR VEHICLE DEALER, SALES, DISTRIBUTOR AND FACTORY REPRESENTATIVE LICENSE › Section 03D .0236 - TYPE III MINOR VIOLATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The Division of Motor Vehicles shall apply the Civil
					 Penalty Schedule for Type III Violations against a licensed automobile dealer
					 for any of the following:
(1) Failure
				  of licensed dealer to keep a current list of licensed salespeople posted in a
				  conspicuous manner as required in
				  G.S.
				  20-290(b);
(2) Failure of licensed dealer to include
				  license type and serial number of license in any advertisement publication as
				  required in
				  G.S.
				  20-290(c);
(3) Failure of any sales representative,
				  factory representative, or distributive representative to carry licenses when
				  engaged in business and display the same upon request as required in
				  G.S.
				  20-291;
(4) Failure of sales representative, factory
				  representative, or distributive representative to report change of employment,
				  make new application, and submit appropriate change of employment fee to the
				  Division; and
(5) Failure to post
				  "Buyers Guide" on every used motor vehicle offered for sale with warranty
				  information as required by the Federal Trade Commission.
Authority
					 G.S.
					 20-39;
					 20-287;
Eff. August 1,
					 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 22,
					 2018.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0300 - MOTOR VEHICLE THEFTS › Section 03D .0301 - STOLEN MOTOR VEHICLES

Current through Register Vol. 39, No. 2, July 15, 2024
When a vehicle is reported stolen, the Division takes the
					 necessary action to stop the title for the vehicle from being transferred
					 except to the insurance company when the theft claim has been
					 settled.
Authority
					 G.S.
					 20-1;
					 20-2;
					 20-39;
					 20-103;
					 20-104;
Eff. July 1,
					 1978;
Amended Eff. August 1, 1984; February 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 22,
					 2018.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0300 - MOTOR VEHICLE THEFTS › Section 03D .0302 - RECOVERED MOTOR VEHICLES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Division's files are marked to indicate a recovered vehicle as soon as the
				  report is received.
(b) The owner
				  and lien holder (if any) are notified when a report of a recovered vehicle is
				  received, except when the Division learns that the owner already knows the
				  vehicle's location.
Authority
					 G.S.
					 20-1;
					 20-2;
					 20-39;
					 20-103;
					 20-104;
Eff. July 1,
					 1978;
Amended Eff. February 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 22,
					 2018.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0300 - MOTOR VEHICLE THEFTS › Section 03D .0303-.0306

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 20-1;
					 20-77(d)(e);
					 20-114(c);
					 44A-2;
					 44A-4;
					 153-9;
					 160A-303:
Eff. July
					 1, 1978;
Repealed Eff. February 1,
					 1982.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0400 - NOTICE OF SALE AND STORED VEHICLES › Section 03D .0401 - STORED VEHICLE

Current through Register Vol. 39, No. 2, July 15, 2024
A written or a computer-generated report must be filed with
					 the Enforcement Section by law enforcement officers of all vehicles reported to
					 them as abandoned and of all vehicles stored for illegal use.
Authority
					 G.S.
					 20-1;
					 20-2;
					 20-39;
					 20-114(c);
Eff. July 1, 1978;
Amended Eff. January 1, 1994; October 1, 1991;
					 February 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. September 22,
					 2018.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0400 - NOTICE OF SALE AND STORED VEHICLES › Section 03D .0402 - UNCLAIMED MOTOR VEHICLE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) To report an
				  unclaimed vehicle pursuant to
				  G.S.
				  20-77(d), a business
				  operator or landowner shall submit a Report of Unclaimed Motor Vehicle Form to
				  the License and Theft Bureau.
(b)
				  Report of Unclaimed Motor Vehicle Forms are available at
				  https://www.ncdot.gov/dmv/programs/fraud-theft/Pages/forms.aspx and
https://connect.ncdot.gov/business/DMV/Pages/default.aspx
.
(c) A Report of Unclaimed Motor Vehicle Form
				  shall contain the following information:
(1)
				  name, address, and phone number of business operator or landowner;
(2) make, body style, and year of
				  vehicle;
(3) state, number, and
				  year of the plate on the vehicle;
(4) date vehicle was left;
(5) vehicle identification number;
(6) approximate value of the
				  vehicle;
(7) location of where the
				  vehicle is being stored;
(8) reason
				  for vehicle being left;
(9)
				  condition of vehicle; and
(10)
				  person or firm who authorized the tow of the vehicle.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0400 - NOTICE OF SALE AND STORED VEHICLES › Section 03D .0403 - SALE OF VEHICLE TO SATISFY GARAGE STORAGE OR MECHANIC LIEN

Current through Register Vol. 39, No. 2, July 15, 2024
If a vehicle remains unclaimed following the submission of
					 an Unclaimed Vehicle report as set forth in Rule .0402 of this Section and the
					 expiration of time set forth in
					 G.S.
					 44A-4(a), a person wishing
					 to sell the unclaimed vehicle to satisfy a lien under Article 1 of Chapter 44A
					 of the North Carolina General Statutes, he or she shall notify the License and
					 Theft Bureau by completing a Notice of Intent to Sell a Vehicle to Satisfy
					 Storage and/or the Mechanic's Lien Form LT-262. The form can be found at
					 www.ncdot.gov/dmv and shall contain the following:
(1) vehicle make, year, body style, license
				  plate number, serial or VIN number, and year the vehicle was last
				  registered;
(2) location where the
				  vehicle is stored;
(3) description
				  of the lien as provided by
				  G.S.
				  44A-2;
(4) date of storage;
(5) name and address of person authorizing
				  repairs, services, towing and storage;
(6) name, address and signature of lienor;
				  and
(7) payment of the fee set
				  forth in G.S,
				  44A-4(b)(1).
Authority
					 G.S.
					 20-2;
					 20-39;
					 20-77(d);
					 20-114(c);
					 44A-2;
					 44A-4;
Eff. July 1,
					 1978;
Amended Eff. October 1, 1991; February 1, 1982;
Readopted Eff. September 1, 2021.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0400 - NOTICE OF SALE AND STORED VEHICLES › Section 03D .0404 - REPEALED - SALE OF MOTOR VEHICLE UNDER JUDICIAL PROCEEDINGS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 20-2;
					 20-39;
					 20-114(c);
Eff. July 1, 1978;
Amended Eff. October 1, 1991; February 1,
					 1982;
Repealed Eff. September 1,
					 2021.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0400 - NOTICE OF SALE AND STORED VEHICLES › Section 03D .0405 - SALE OF ABANDONED VEHICLE

Current through Register Vol. 39, No. 2, July 15, 2024
A city, county, or law enforcement agency selling an
					 abandoned vehicle as a result of a city or county ordinance on file with the
					 License and Theft Bureau shall give notice to the Bureau at
https://connect.ncdot.gov/business/DMV/Pages/Report-Unclaimed-Motor-Vehicles.aspx
.
Authority
					 G.S.
					 20-2;
					 20-39;
					 20-77;
					 160A-303;
Eff. July
					 1, 1978;
Amended Eff. October 1, 1991; February 1, 1982; April 11,
					 1980;
Readopted Eff. September 1,
					 2021.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0400 - NOTICE OF SALE AND STORED VEHICLES › Section 03D .0406-.0411

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 20-1;
					 20-122 through
					 20-133;
					 20-183.3 through
					 20-183.8;
Eff. July 1,
					 1978;
Repealed Eff. February 1,
					 1982.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0500 - GENERAL INFORMATION REGARDING SAFETY INSPECTION OF MOTOR VEHICLES › Section 03D .0501 - REPEALED - GENERAL INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G. S.
					 20-1;
					 20-117.1(a);
					 20-122;
					 20-122.1;
					 20-123.1;
					 20-124;
					 20-125;
					 20-125.1;
					 20-126;
					 20-127;
					 20-128;
					 20-128.1;
					 20-129;
					 20-129.1;
					 20-130;
					 20-130.1;
					 20-130.2;
					 20-130.3;
					 20-131 through
					 20-134;
					 20-183.2;
					 20-183.3;
					 20-183.4;
					 20-183.5;
					 20-183.6;
					 20-183.7;
					 20-183.8;
Eff. July 1,
					 1978;
Amended Eff. March 1, 1982;
Repealed Eff. January
					 1, 1983.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0500 - GENERAL INFORMATION REGARDING SAFETY INSPECTION OF MOTOR VEHICLES › Section 03D .0502-.0505

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 20-1;
					 20-4.1 through
					 20-4.12;
					 20-49;
					 20-84.2;
					 20-91.1;
					 20-99;
					 20-118.1;
Eff. July 1,
					 1978;
Amended Eff. April 11, 1980;
Repealed Eff.
					 February 1, 1982.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0500 - GENERAL INFORMATION REGARDING SAFETY INSPECTION OF MOTOR VEHICLES › Section 03D .0506-.0514

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 20-1;
					 20-103.8;
					 20-117.1(a);
					 20-122;
					 20-122.1;
					 20-123.1;
					 20-124;
					 20-125;
20-125.1;
					 20-126; 20-127; 20-128; 20-128.1; 20-129; 20-129.1; 20-130; 20-130.1;
					 20-130.2;
20-130.3; 20-131 through 20-134; 20-183.2; 20-183.3;
					 20-183.4; 20-183.5; 20-183.6;
20-183.6(b); 20-183.7; 20-183.8;
					 20-183.8(a); 20-183.8(b); 200-83.8(b);
Eff. March 1,
					 1982;
Repealed Eff. January 1,
					 1983.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0500 - GENERAL INFORMATION REGARDING SAFETY INSPECTION OF MOTOR VEHICLES › Section 03D .0515 - REPEALED - SAFETY INSPECTION LICENSING AND PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 20-1;
					 20-117.1(a);
					 20-122;
					 20-122.1;
					 20-123.1;
					 20-124;
					 20-125;
					 20-125.1;
20-126;
					 20-127; 20-128; 20-128.1; 20-129; 20-129.1; 20-130; 20-130.1; 20-130.2;
					 20-130.3;
20-131 through 20-134; 20-183.2; 20-183.3; 20-183.4;
					 20-183.5; 20-183.6; 20-183.7;
20-183.8;
Eff. January 1,
					 1983;
Amended Eff. July 1, 1992; October 1, 1991; October 1, 1989;
					 November 1, 1988;
Repealed Eff. January 1, 1994 pursuant to 1991
					 S.L., c. 477, s. 3.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0500 - GENERAL INFORMATION REGARDING SAFETY INSPECTION OF MOTOR VEHICLES › Section 03D .0516 - EXPIRED - SAFETY INSPECTION LICENSING AND PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as a Temporary
					 Adoption Eff. April 25, 1994 for a period of 180 days or until the permanent
					 rule becomes effective, whichever is sooner;
Authority
					 G.S.
					 20-2;
					 20-39;
					 20-183.8;
Codifier of
					 Rules Objected to the Findings of Need for the Temporary Rule
Eff.
					 April 25, 1994;
Temporary Adoption Expired October 22,
					 1994.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0500 - GENERAL INFORMATION REGARDING SAFETY INSPECTION OF MOTOR VEHICLES › Section 03D .0517 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For purposes of this Section and Article 3A of Chapter 20
					 of the North Carolina General Statutes, these words and phrases shall have the
					 following meanings, except in those instances where the context indicates a
					 different meaning:
(1) Abbreviations
				  used in these Rules shall have the following meanings:
(a) CO - Carbon monoxide;
(b) GVWR - Gross Vehicle Weight
				  Rating;
(c)
				  HC-Hydrocarbons;
(d) PSI - Pounds
				  Per Square Inch;
(e) NOx - Nitrogen
				  Oxides; and
(f) PPM - Parts Per
				  Million.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0500 - GENERAL INFORMATION REGARDING SAFETY INSPECTION OF MOTOR VEHICLES › Section 03D .0518 - LICENSING OF SAFETY OR EMISSIONS INSPECTION STATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An application for licensing as a Safety
				  Equipment or Safety Equipment Emissions Inspection Station shall be made on
				  forms furnished by the Division of Motor Vehicles and filed with the License
				  and Theft available at
https://connect.ncdot.gov/business/DMV/Pages/Inspection-Stations.aspx
.
				  Form LT-300 requires the following:
(1)
				  inspection station name, address, county, and telephone number;
(2) type of license required including public
				  or self-inspection station and the number of vehicles operated by the
				  business;
(3) type of
				  station;
(4) type of
				  business;
(5) if individually owned
				  business or partnership, applicants shall list name and residence address of
				  owner or partners;
(6) name of
				  owner, corporation or partner;
(7)
				  owner, corporation or partner driver license number and address;
(8) listing of certifiable or certified
				  technicians with a valid driver license applying;
(9) notification if any member of the
				  partnership or officer of the corporation has ever had a license under this law
				  refused, suspended, or revoked;
(10) notification if any member of the
				  partnership or officer of the corporation has ever been licensed as an
				  inspection station;
(11) signature
				  of applicant;
(12) designate an
				  individual who is responsible for the day-to-day operation of the station;
				  and
(13) acknowledgement and
				  signature of notary public.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0500 - GENERAL INFORMATION REGARDING SAFETY INSPECTION OF MOTOR VEHICLES › Section 03D .0519 - STATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Licensed safety
				  inspection and emissions inspection stations shall keep the area where vehicles
				  are inspected and the area where inspection records are kept, as required by
				  G.S.
				  20-183.6A(b), free of
				  spills, debris, materials that may present a hazard to the inspector mechanic
				  or the vehicle, obstructions that inhibit inspection of vehicles, or present
				  safety concerns for inspectors of the License and Theft Bureau. All vehicles
				  shall remain in the inspection area during the entire inspection.
(b) Stations with only a 25-foot lineal
				  inspection lane shall not inspect trucks or other vehicles exceeding that
				  length.
(c) Stations with
				  mechanical aimers shall not inspect vehicles with headlamps that were not
				  manufactured to be aimed with this device. These headlamps shall be aimed with
				  photoelectric eyes, wall charts, computerized headlight test equipment, or
				  on-board headlight aiming devices.
(d) Stations not equipped with an emission
				  analyzer shall not inspect 1996 or newer gasoline powered motor vehicles
				  registered or based in counties designated as non-attainment for air quality
				  standards by either the North Carolina Department of Environmental Quality or
				  U.S. Environmental Protection Agency. Stations may perform the safety equipment
				  inspections on vehicles 1995 model year or older, diesel powered vehicles,
				  motorcycles, trailers, and vehicles not previously titled.
(e) Each station shall have equipment and
				  tools for carrying out inspections, which include the following:
(1) one jack or lift with minimum capacity of
				  two tons;
(2) one headlight tester,
				  wall chart, or aiming kit adapters to fit all headlights;
(3) one workbench;
(4) one creeper;
(5) one tire tread depth gauge calibrated in
				  32nds of an inch;
(6) Emission
				  Control System Application Manual in written or electronic format;
(7) one Department of Environmental Quality
				  Emission Analyzer, with approved Division of Motor Vehicles software or an
				  electronic device with the ability to connect to the Internet and access the
				  web-based inspection system; and
(8) one active telephone line with jack or
				  Internet access for Web Based stations.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0500 - GENERAL INFORMATION REGARDING SAFETY INSPECTION OF MOTOR VEHICLES › Section 03D .0520 - MECHANIC REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An applicant
				  for an inspection mechanic license and the owner of the inspection station
				  shall sign their names on Action Form for Inspector/Mechanical Certification
				  (LT-310) demonstrating they meet the requirements as set out in
				  G.S.
				  20-183.4(c) and
				  20-183.4A(c).
				  Form LT-310 requires the following:
(1)
				  action requested to indicate new or renewal, adding an employer name, or
				  changing an employer name;
(2)
				  mechanic's name, driver license number, home phone number, and
				  address;
(3) mechanic's race, sex,
				  and date of birth;
(4) mechanic's
				  signature; and
(5) employer
				  information including station number, telephone number, county, name of
				  station, address, and signature of owner partner or officer.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0500 - GENERAL INFORMATION REGARDING SAFETY INSPECTION OF MOTOR VEHICLES › Section 03D .0521 - LICENSING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In order to be
				  licensed as a North Carolina Safety Inspection Mechanic, an applicant shall
				  meet the requirements set forth in
				  G.S.
				  20-183.4(c). For purposes of
				  G.S.
				  20-183.4(c)(1), the
				  applicant shall complete the following:
(1)
				  attend and pass an eight-hour Safety Inspection Course offered by a North
				  Carolina Community College; and
(2)
				  pass a written examination with a score of no less than 80 percent correct
				  answers. No oral exams shall be allowed.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0500 - GENERAL INFORMATION REGARDING SAFETY INSPECTION OF MOTOR VEHICLES › Section 03D .0522 - DENIAL, SUSPENSION OR REVOCATION OF LICENSES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Denial
				  of License: The Commissioner of Motor Vehicles shall deny the application of
				  any applicant for a Safety Equipment or Safety Equipment Emissions Inspection
				  Station License who fails to meet the qualifications set out in G.S. 20,
				  Article 3A, Part 2 or the rules in this Section. Applicants denied licensing
				  shall be notified. An applicant who submits fraudulent or fictitious
				  information with the application shall be denied a license. Persons who are
				  denied a license shall be allowed a hearing in accordance with
				  G.S.
				  20-183.8G. For applications denied pursuant
				  to G.S.
				  93B-8.1, technicians and stations who have
				  been denied a license shall not re-apply for 12 calendar months from last
				  denial.
(b) Suspension or
				  Revocation of License:
(1) The license of any
				  inspection station shall be subject to suspension or revocation when it or any
				  of its personnel conducting inspections violates the rules in this Section or
				  G.S. 20, Article 3A, Part 2. Any person, firm, or corporation whose license is
				  suspended or revoked shall not inspect vehicles while its license is suspended
				  or revoked. Every licensee whose license is suspended or revoked or who is
				  assessed a civil penalty pursuant to
				  G.S.
				  20-183.7A and
				  G.S.
				  20-183.8B or who receives a warning letter
				  from the License and Theft Bureau shall be allowed a hearing in accordance with
				  G.S.
				  20-183.8G.
(2) Prior to the reinstatement of a license
				  of any Safety Equipment or Safety Equipment Emissions Inspection Station
				  License, which has, by order of the Commissioner of Motor Vehicles, been
				  revoked or suspended, the applicant shall demonstrate to the Commissioner or
				  License and Theft Bureau staff that its employees have knowledge of the safety
				  equipment or safety equipment emission inspection procedures and requirements
				  described in the Rules in this Section and that the location is mechanically
				  equipped to carry out inspections.
(3) Prior to the reinstatement of a Safety
				  and Emission Inspection Mechanic License, he or she shall meet the requirements
				  set forth in
				  G.S.
				  20-183.7A(e) and
				  G.S.
				  20-183.8B(e). Proof of
				  course attendance and passing a written test as set forth in Rule .0521 of this
				  Section shall be presented to License and Theft Bureau staff.
(4) Motor vehicle owners assessed civil
				  penalties or fines shall be allowed a hearing in accordance with
				  G.S.
				  20-183.8G. Motor vehicle owners requesting a
				  hearing shall mail a written hearing request to the Commissioner of Motor
				  Vehicles, 3101 Mail Service Center, Raleigh, NC 27699-3101.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0500 - GENERAL INFORMATION REGARDING SAFETY INSPECTION OF MOTOR VEHICLES › Section 03D .0523 - OPERATION OF SAFETY OR EMISSIONS INSPECTIONS STATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Safety or Emissions Inspection Stations
				  shall post the following information:
(1)
				  Official Safety Equipment or Safety Equipment Emissions Inspection Procedure
				  Poster;
(2) Safety Equipment or
				  Safety Equipment Emissions Inspection Station License, which shall be posted
				  under a material that protects the information contained on the license from
				  dirt and facing;
(3) Mechanic
				  licenses report issued by the North Carolina Division of Motor Vehicles;
				  and
(4) On the outside of its
				  building or adjacent thereto, a sign in block letters at least four inches in
				  height bearing the words: OFFICIAL INSPECTION STATION.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0500 - GENERAL INFORMATION REGARDING SAFETY INSPECTION OF MOTOR VEHICLES › Section 03D .0524 - INSPECTION STICKERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Acquisition:
(1) Licensed safety equipment or safety
				  equipment exhaust emission inspection stations and self-inspectors shall
				  procure stickers from the Division of Motor Vehicles and from no other
				  source.
(2) Orders for stickers
				  shall be placed with a local agent of the Enforcement Section. Requests for
				  stickers shall be accompanied by proper remittance. For safety equipment
				  inspection stickers, the amount of one dollar ($1.00) per sticker shall be
				  required. For safety equipment exhaust emission stickers, two dollars and forty
				  cents ($2.40) per sticker shall be required. Orders for windshield stickers
				  shall be placed in units of 50. Orders for motorcycles/trailers and
				  non-winds­hield safety equipment exhaust emission inspection stickers
				  shall be placed in units of ten. Safety Equipment or Safety Equipment Exhaust
				  Emission Windshield Inspection Stickers shall be issued in books of
				  50.
(3) Orders placed in person at
				  the local office of the Enforcement Section shall be accompanied by written
				  authorization from the station to which the stickers are to be issued, upon
				  forms furnished by the Division, if the order is placed by other than the
				  person in whose name the station is licensed.
(4) All licensed stations shall keep
				  inspection stickers and numeral inserts on hand at all times.
(5) Licensed inspection stations and
				  self-inspectors shall, upon request, be furnished forms required to be used by
				  the rules in this Section. DMV Enforcement shall furnish forms to licensed
				  inspection stations and self-inspectors.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0500 - GENERAL INFORMATION REGARDING SAFETY INSPECTION OF MOTOR VEHICLES › Section 03D .0525 - PRE-INSPECTION REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
Prior to performing an inspection, the inspection mechanic
					 shall:
(1) Have all occupants leave
				  the vehicle;
(2) Request that the
				  operator produce the current registration card for the vehicle;
(3) Enter applicable information in all data
				  fields prompted by the analyzer or inspection program and as needed to conduct
				  the classification of inspection, safety, or safety and emissions. The use of a
				  one-dimensional bar-code scanner capable of reading vehicle identification
				  numbers and information printed on vehicle registration shall be used for data
				  entries to reduce errors. In the event the barcode on the registration card is
				  not readable or the vehicle owner is unable to produce a registration card, the
				  inspector mechanic shall enter the information by scanning the public vehicle
				  identification number through the vehicle windshield or on the Federal
				  Certification Label. If the vehicle identification number cannot be scanned
				  through any of the methods listed in this Item, or if the station is not
				  equipped with a bar code scanner, the inspector mechanic shall manually enter
				  the VIN through keyboard entry. In instances where the vehicle does not have a
				  license plate, "none" shall be entered in the field. If the inspected vehicle
				  is owned by a dealership and part of the dealer's inventory, the dealer number,
				  followed by a "D" shall be entered in the license plate field.
Authority
					 G.S.
					 20-2;
					 20-39;
					 20-183.2;
					 20-183.6A;
Eff.
					 October 1, 1994;
Codifier determined that agency did not meet
					 criteria for temporary rule Eff. September 24, 1997;
Temporary
					 Amendment Eff. November 1, 1997;
Amended Eff. August 1,
					 1998;
Readopted Eff. October 1,
					 2021.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0500 - GENERAL INFORMATION REGARDING SAFETY INSPECTION OF MOTOR VEHICLES › Section 03D .0526 - SAFETY EQUIPMENT, EMISSIONS INSPECTION, AND EMISSION CONTROLS TAMPERING EVALUATION

Current through Register Vol. 39, No. 2, July 15, 2024
During the safety or safety and emissions inspection of a
					 vehicle, the inspection mechanic shall enter the information set forth in this
					 Rule into the analyzer or inspection program when evaluating the condition of
					 each inspected item:
(1) Safety and
				  emission inspection grading:
(a) For those
				  items that are inspected, approved, and in operational condition, the letter
				  "P" for "passed" shall be placed in the appropriate block as indicated by the
				  inspection analyzer.
(b) For those
				  items that are inspected and not approved, the letter "F" for "failed" shall be
				  placed in the appropriate block as indicated by the inspection
				  analyzer.
(c) For those items that
				  were not approved and corrected, the letter "C" for "corrected" shall be placed
				  in the appropriate block as indicated by the inspection analyzer.
(d) For those items that do not apply to the
				  vehicle inspected, the letter "N" for "not applicable" shall be placed in the
				  appropriate block as indicated by the inspection analyzer.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0500 - GENERAL INFORMATION REGARDING SAFETY INSPECTION OF MOTOR VEHICLES › Section 03D .0527-.0528

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 20-2;
					 20-39;
					 20-183.2;
					 20-183.4D;
					 20-183.6A;
Eff.
					 October 1, 1994;
Repealed Eff. October 1,
					 2021.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0500 - GENERAL INFORMATION REGARDING SAFETY INSPECTION OF MOTOR VEHICLES › Section 03D .0529 - CERTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
When the vehicle receives a passing inspection result, the
					 inspection mechanic shall:
(1)
				  finalize the inspection process in the analyzer or inspection program by
				  entering all required data, then following the steps necessary to transmit the
				  data to the State vehicle inspection database;
(2) collect fees as described in
				  G.S.
				  20-183.7; and
(3) sign and give the original Receipt and
				  Statement form to the operator or owner.
Authority
					 G.S.
					 20-2;
					 20-39;
					 20-183.4D;
					 20-183.7;
Eff. October
					 1, 1994;
Readopted Eff. October 1,
					 2021.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0500 - GENERAL INFORMATION REGARDING SAFETY INSPECTION OF MOTOR VEHICLES › Section 03D .0530 - DISAPPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
If a vehicle inspected is disapproved, the inspection
					 mechanic at the end of the total inspection shall advise the owner or operator
					 of the defect or defects found during the inspection. Repairs shall only be
					 made at the request of the owner or operator. Upon completion of authorized
					 repairs, the inspection mechanic shall require the owner or operator of the
					 vehicle that gave approval for the repairs to sign the inspection receipt. If
					 the owner or operator requests the repairs to be made at some other location,
					 then the inspection mechanic conducting the inspection shall:
(1) Provide the customer with the Vehicle
				  Inspection Receipt and Statement signed by the inspection mechanic; showing the
				  vehicle Failed.
(2) Collect fees as
				  prescribed in
				  G.S.
				  20-183.7; and
(3) After giving the owner or operator the
				  original copy of the Vehicle Inspection Receipt and Statement explain to the
				  owner or operator he or she has 60 days to bring the vehicle back to the
				  inspection station for reinspection at no charge when the vehicle was
				  disapproved for either safety or emissions defects.
Authority
					 G.S.
					 20-2;
					 20-39;
					 20-183.4D;
					 20-183.5;
					 20-183.7;
Eff. October
					 1, 1994;
Readopted Eff. October 1,
					 2021.
North Carolina Administrative Code › Title 19A - TRANSPORTATION › Chapter 03 - DIVISION OF MOTOR VEHICLES › Subchapter D - ENFORCEMENT SECTION › Section .0500 - GENERAL INFORMATION REGARDING SAFETY INSPECTION OF MOTOR VEHICLES › Section 03D .0531 - REINSPECTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A vehicle that
				  is inspected at an inspection station and fails is entitled to be reinspected
				  at the same station any time within 60 days of the failed inspection without
				  paying another inspection fee.
(b)
				  If the vehicle is approved following reinspection, the inspection mechanic
				  shall check the appropriate block on the analyzer. The inspection mechanic
				  shall collect the authorization fee as set forth in
				  G.S.
				  20-183.7.
Authority
					 G.S.
					 20-2;
					 20-39;
					 20-183.3(c);
					 20-183.7;
Eff. October
					 1, 1994;
Readopted Eff. October 1,
					 2021.