AN ACT TO CLARIFY THE APPLICATION OF THE HIGHWAY USE TAX TO OUT-OF-STATE VEHICLES TITLED IN THIS STATE, TO IMPROVE THE VEHICLE TITLING PROCESS BY ELIMINATING DUPLICATIVE REQUIREMENTS, AND TO DIRECT DMV TO TITLE AND REGISTER HIGH-MOBILITY MULTIPURPOSE VEHICLES. Enacted June 28, 2017. Section 2 is effective July 1, 2017. The remainder is effective June 28, 2017.
Summary date: Jun 28 2017 - View summary
Summary date: Jun 15 2017 - View summary
Conference report makes the following changes to the 3rd edition.
Amends proposed definition ofhigh-mobility multipurpose wheeled vehicle (HMMWV) in GS 20-4.01 to refer to a four-wheel drive vehicle, as specified, rather than a four-wheel drive light truck.
Replaces proposed provisions of GS 20-50(c), authorizing the Division of Motor Vehicles (DMV) to issue a title and registration to an HMMWV, with new GS 20-53.5 (Titling and Registration of HMMWV). Directs the DMV to register and issue a certificate of title for an HMMWV if two listed conditions are met: (1) the applicant provides a sworn affidavit from a manufacturer, motor vehicle dealer, or seller of the HMMWV (3rd edition required the manufacturer or dealer to provide the affidavit) that the vehicle complies with all applicable federal motor vehicle safety standards for vehicles designed for highway use (3rd addition required the affidavit to further certify that the vehicle was safe for highway use) and (2) the vehicle has a vehicle identification number that matches the ownership documents, as verified by the License and Theft Bureau of the Division prior to titling, or to have a vehicle identification number assigned to the vehicle prior to registration, if the vehicle does not have one. Applies all provisions of GS Chapter 20 to an HMMWV, including Articles 3A (Safety and Emissions Inspection Program) and 9A (Motor Vehicle Safety and Financial Responsibility Act of 1953) as they would to any other registered motor vehicle. Applies registration fees for property-hauling vehicles to the registration of an HMMWV. Shields the State and its commission contract agents from liability for injury or damages resulting form the operation of an HMMWV registered or titled under this statute.
Makes conforming changes to the act's long title.
Summary date: Jun 1 2017 - View summary
House amendment makes the following changes to the 2nd edition.
Amends the long title.
Amends GS 20-4.01 (Definitions) to add and define high mobility multipurpose wheeled vehicle.
Amends GS 20-50 (Owner to secure registration and certificate of title; temporary registration markers). Provides that the Division of Motor Vehicles (DMV) may issue a title and registration to a high mobility multipurpose wheeled vehicle (HMMWV, also known as a Humvee) sold by a licensed motor vehicle dealer if the manufacturer or dealer provides a sworn affidavit certifying that the HMMWV is safe for highway use, and that it complies with all federal motor vehicle safety standards applicable to such motor vehicle for highway use. Requires completion of a vehicle verification (as specified) by the License and Theft Bureau prior to issuing a title. Requires HMMWVs registered under this statute to undergo a safety and emissions inspection. Protects the DMV and the License and Theft Bureau from liability for injuries or damages arising from the titling, registration, or subsequent operation of an HMMWV registered under this statute.
Summary date: May 23 2017 - View summary
House committee substitute amends the 1st edition, adding subdivision (a)(1) of GS 105-187.6 to the highway use tax exemptions set forth in new GS 105-187.6(d), which remain applicable to certificates of title issued for a motor vehicle titled in another state at the time of the transfer. GS 105-187.6(a)(1) exempts from application of the highway use tax where certificate of title is issued as the result of a transfer of a motor vehicle to (1) the insurer of the motor vehicle under GS 20-109.1 because the vehicle is a salvage vehicle or (2) a used motor vehicle dealer under GS 20-109.1 because the vehicle is a salvage vehicle that was abandoned.
Summary date: Mar 21 2017 - View summary
Amends GS 105-187.6 (Exemptions from highway use tax) to make the listed exemptions in subsections (a) and (b) of this statute, except for three of them in (a) (concerning transfers of a vehicle to manufacturers or vehicle retailers, specified volunteer fire departments or volunteer rescue squad vehicles, and State agencies from a local government, volunteer fire department, or volunteer rescue squad), not applicable to certificates of title issued for a motor vehicle titled in another state at the time of the transfer. Specifies that the partial exemptions in the statute do no apply to a title issued for a vehicle titled in another state at the time of the transfer.
Repeals GS 20-52(a)(4 through 6) (regarding information concerning insurance coverage that is required for an application for registration and certificate of title). Amends GS 20-52(a) by adding that an application for registration and certificate for the title must include a statement that the owner has proof of financial responsibility.
Amends GS 58-2-164(b) to make the Class 3 misdemeanor described there only apply to false or misleading information on applications for issuance of or amendment to a policy of auto insurance (currently, applications for issuance of or amendment to a policy of auto insurance or for vehicle registration pursuant to GS 20-52(a)(4) and (a)(5)).
The repeal in and changes to GS 20-52 and the amendment to GS 58-2-164 are effective July 1, 2017. The remainder is effective when the bill becomes law.