Legislation
2009 Changes in Motor Vehicle Law – Senate Bill 368 makes a number of changes important to the trucking industry. Under the new law (which took effect Oct. 1, 2009) carriers assessed civil penalties either have to pay within 30 days or make a written request for an internal Departmental Review of the penalty. The request must include the basis upon which liability is challenged. If the Department finds that a penalty assessment was not in error, the penalty must be paid within 30 days of notice of the decision.
Any person dissatisfied with a Departmental Review ruling may (after paying the penalty within 30 days) bring an action within 60 days of the decision for a refund of the penalty in Superior Court in either Wake County or the county where the civil penalty was assessed. Avoiding a costly step of a mandatory Administrative Hearing before you would have the right to go to Superior Court was a difficult but important victory in the legislative process.
Maximum fines for permitted load related violations were reduced from $25,000 to $10,000.
Fines assessed for exceeding the weight over 80,000 lbs. as allowed under a special weight permit will now only be applied for the difference between the actual weight and the permitted weight. Under the old practice, the fine was assessed for the difference between the actual weight and 80,000 lbs., even though the operator had a weight permit for at least some amount over 80,000 lbs. This section of the bill became effective immediately upon the Governor’s signature on July 31, 2009.
Hold Harmless Law - This bill was introduced and passed at the request the North Carolina Trucking Association. Effective October 1, 2005, it states that any language in a motor carrier freight contract that purports to indemnify a shipper for that shipper's own negligence or intentional act is void as against public policy.
New "Move Over" Law - Effective July 1, 2006 - expands "Move Over" law and increases penalties.
2007 NC Drug Test Law - Strengthens NC's 2005 law that requires motor carriers to report drug/alcohol test results to DMV within 5 days. The updated law now requires the carrier to report test failures by both employees and APPLICANTS (Compliance Form 1), and to report when an employee or contractor leased to a carrier REFUSES to be tested (Compliance Form 2).
53’ Trailers – NCTA worked with allied interests to update NC’s antiquated law regarding allowable trailer size to simply allow operators to use modern, efficient equipment everywhere that it is safe to do so. The resulting legislation greatly increased the number of miles of NC highways where it is now legal to use 53 foot trailers. The NC Department of Transportation has the authority to designate routes “off-limits” to 53’ trailers as they deem necessary for safety purposes. An explanation along with updated maps is available by clicking here.