NORTH CAROLINA GENERAL ASSEMBLY
1969 SESSION
CHAPTER 645
HOUSE BILL 974
AN ACT TO PROVIDE PENALTIES FOR FAILURE OF INTERSTATE COMMON CARRIERS TO REGISTER INTERSTATE OPERATING AUTHORITY FOR OPERATION ON THE HIGHWAYS OF NORTH CAROLINA.
The General Assembly of North Carolina do enact:
Section 1. G.S. 62-266 is hereby amended by adding new subsections (c) and(d) at the end thereof to read as follows:
"(c) Any person operating a common carrier motor vehicle in interstate commerce over the highways of this State without filing with the Utilities Commission a copy of its respective interstate authority and registering each vehicle operated in the State with the Utilities Commission in accordance with rules and regulations of the Utilities Commission shall be subject to a penalty of twenty-five ($25.00) dollars, which shall be added to the registration fees provided in G.S. 62-300(18) and G.S. 62-300(13). and said penalty shall be collected with said registration fee from any carrier operating on the highways of North Carolina without registering his interstate authority by inspectors and investigators of the Utilities Commission in accordance with rules and regulations duly adopted by the Utilities Commission before said vehicle shall be permitted to operate further upon the highways of North Carolina."
"(d) No motor carrier shall operate or cause to be operated in interstate commerce in this State any vehicle until he has filed evidence of required insurance with the Utilities Commission and has been issued an identification stamp for such vehicle, which stamp must be attached to the approved Uniform Cab Card and carried in the vehicle at all times. The identification stamp herein provided for shall be issued on an annual basis as of January 1st each year and shall be valid through February 1st the next succeeding year. When any person is discovered in this State, operating a vehicle in violation of this Section, it shall be unlawful for anyone thereafter to operate said vehicle on the streets or highways of this State, except to remove it from the street or highway for purposes of parking or storing said vehicle until he shall pay to the Utilities Commission a penalty of twenty-five ($25.00) dollars. Any person denying his liability for such penalty may pay the same under protest. He may apply to the Utilities Commission for a hearing, and said hearing will be granted before a member of the Commission or a Hearing Examiner within thirty (30) days after receipt of the request of such a hearing. If after said hearing the Commission determines that the person was not liable for the penalty, the amount collected shall be refunded to him. If after said hearing the Commission determines that the person was liable for said penalty, the person paying the penalty may bring an action in the Superior Court of Wake County against the Utilities Commission for refund of the penalty. No restraining order or injunction shall issue from any Court of the State to restrain or enjoin the collection of the penalty or to permit the operation of said vehicle without payment of the penalty prescribed herein."
Sec. 2. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.
Sec. 3. This Act shall be in full force and effect from and after its ratification.
In the General Assembly read three times and ratified, this the 29th day of May, 1969.