A BILL TO BE ENTITLED AN ACT TO REQUIRE THE VEHICLE BEING OPERATED BY A DRIVER WHO HAS FAILED TO MAINTAIN FINANCIAL RESPONSIBILITY TO BE SEIZED AND FORFEITED TO THE STATE.
Amends GS Chapter 20 by adding a new section GS 20-28.10 (Seizure, impoundment, forfeiture of motor vehicles for driving without insurance), providing that after being charged for operating or permitting a motor vehicle to be operated in North Carolina without meeting the financial requirements of GS 20, Article 13, in violation of GS 20-313, the law enforcement agency will seize the motor vechicle and deliver it to the sheriff of the county in which the offense was committed, or placed under constructive possession if actual delivery is impractical, and held pending the trial of the person.
Provides that a sheriff will restore a motor vehicle seized, pursuant to this section, if the owner pays the costs incurred by the sheriff for towing, processing, and storing the vehicle and either(1) executes a good and valid bond with sufficient sureties in an amount double the value of the property, (2) the charge leading to the seizure is dismissed or the person is acquitted, or (3) the owner presents proof of financial responsibility to the sheriff or demonstrates the violation was a mistake or clerical error.
Provides that the court can order a sale, at public auction, upon conviction of the operator for the violation listed above and provides the conditions and procedures for doing so. Establishes four exceptions where vehicles seized in accordance with this section should not be sold, including by petition of the lienholder, where the court may allow reclamation of the vehicle by the lienholder. Establishes that GS 20-28.10 does not apply if GS 20-28.2 or any other law of North Carolina requires the seizure, impoundment, and forfeiture of the motor vehicle.
Amends GS 20-313 (Operation of motor vehicle without financial responsibility a misdemeanor), providing that a violation of this section is a Class 1 misdemeanor and also subjects the motor vehicle operated when violating this section to forfeiture in accordance with GS 20-28.10 (previously, no forfeiture or seizure was provided for).
Applies to offenses committed on or after December 1, 2013.
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