Printer-friendly: Click to view
View NCGA Bill Details2011-2012 Session
House Bill 652 (Public) Filed Wednesday, April 6, 2011
Intro. by Moffitt, Brubaker, Brawley, McComas.

Status: Conf Com Appointed (House Action) (Jun 18 2011)
H 652

Bill Summaries:

  • Summary date: Jun 17 2011 - View Summary

    Senate amendment makes the following changes to 3rd edition.
    Current law sets weight limitations for vehicles operating on state highways (GS 20-118(b)); provides penalties for violating those weight limitations (GS 20-118(e)); and provides an exemption from the provisions of subsections (b) and (e) for vehicles meeting all of a list of specified conditions, including specified weight limits. Amends GS 20-118(c)(12) and (15), reinstating previous weight limits to provide that subsections (b) and (e) do not apply to a vehicle that does not exceed a single-axle weight of 22,000 pounds (was, amended as 26,000 pounds) or a tandem-axle weight of 42,000 pounds (was, amended as 44,000 pounds).

  • Summary date: Jun 16 2011 - View Summary

    Senate committee substitute deletes all provisions of 2nd edition and replaces them with AN ACT TO AMEND THE STATE'S LAWS PERTAINING TO TRANSPORTATION.
    Effective January 1, 2012, amends GS 20-7(s) to clarify that when a person in the United States for a limited time is issued a driver's license of limited duration, such license must bear a distinguishing mark or other designation on the face of the license clearly denoting the limited duration of the license.
    Effective December 1, 2011, amends GS 20-51(6) to add livestock, live poultry, animal waste, herbicides, fungicides, and seeds to the list of items that, when transported by farmers under certain circumstances, exempt the trailer or semitrailer on which they are transported from requirements of registration and certificate of title.
    Effective December 1, 2011, adds new GS 20-51(17) to exempt a header trailer when transported to or from a dealer, or after a sale or repairs, to the farm or another dealership, from the registration and certificate of title requirements.
    Effective December 1, 2011, adds new subsection GS 20-88(m) to provide that any vehicle weighing more than the limits in GS 20-118(b), as authorized by certain exceptions set out in GS 20-118(c), must be registered for the maximum weight allowed for that vehicle's axle configuration, or be subject to the penalties set out in GS 20-118(e). Makes conforming changes throughout GS 20-118.
    Effective December 1, 2011, amends GS 20-118(c) to include within the exceptions to the maximum weight allowed on light-traffic roads live poultry transported from a farm to a processing plant or market (was, first market); and water, fertilizer, herbicides, fungicides, seeds, fuel, and animal waste transported to or from a farm by a farm vehicle. Makes other clarifying changes.
    Effective December 1, 2011, adds new GS 20-118(c)(17) to specify that GS 20-118(b) and GS 20-118(e) do not apply to a vehicle that meets certain specified requirements.
    Effective December 1, 2011, amends GS 20-127 to (1) specify that a window of a vehicle that is operated on a public street or highway and which is subject to the provisions of Part 393 of Title 49 of the Code of Federal Regulations must comply with the window tinting restrictions and (2) delete certain exceptions to the window tinting restrictions.
    Effective December 1, 2011, adds new GS 20-137.4A(a1) to provide that it is unlawful for any person to operate a commercial motor vehicle subject to Parts 390 or 392 of Title 49 of the Code of Federal Regulations on a public street or highway or public vehicular area while using a mobile telephone or other electronic device in violation of those Parts. Specifies that the use of hands-free technology is not prohibited.
    Amends GS 20-166.1(i) to specify that the report of an accident is a public record within the meaning of GS 132-1, but may not be released to any person making a request unless and until personal identifying information has been redacted from the report in compliance with federal law. Directs the Division of Motor Vehicles to provide a certified copy of an accident report to any person entitled to a copy and who pays the required fee.
    Amends GS 20-383 to also allow designated personnel of the Department of Crime Control and Public Safety to enforce the provisions of Article 17 of GS Chapter 20 and the provisions of GS Chapter 62 that are applicable to motor transportation.
    Enacts new subsection (c) to GS 136-28.5, providing that bids and documents submitted in response to an advertisement or request for proposal will not be a public record until the Department issues a decision. Effective July 1, 2011.
    Amends GS 136-89.213 to direct the Turnpike Authority to maintain the confidentiality of all information relating to electronic toll collection. Authorizes the account holder to examine his own account information. Also authorizes the Turnpike Authority to use the account information for purposes of collecting and enforcing tolls. Also authorizes a party, by authority of a proper court order, to inspect and examine confidential account information.
    Amends GS 20-118(c), as amended by Section 1 of SL 2011-71, to provide that GS 20-118(b) and GS 20-118(e) do not apply to a vehicle or vehicle combination that meets certain specified requirements. Makes a clarifying change to GS 147-86.23.
    Provides that, notwithstanding 19A NCAC 02D.0607(e)(3), the Department of Transportation may permit sealed ship containers as non-divisible loads as allowed by Federal Highway Administration policy. Specifies that all Department of Transportation permitting rules that apply to other non-divisible loads apply to sealed ship containers. Directs the Department of Transportation to initiate the process to conform the North Carolina Administrative Code to this act. States that the provisions of SL 2009-345, as they apply to ferry vessels operated by DOT, become effective June 30, 2013.
    Effective when the act becomes law, unless otherwise indicated.

  • Summary date: Jun 8 2011 - View Summary

    House committee substitute rewrites the 1st edition in its entirety to authorize the Legislative Research Commission to study establishing a property owners protection act that would favor the free use of land and related issues, including the award of attorneys' fees incurred by a property owner in actions challenging land-use regulations and other issues raised by House Bill 652 (1st ed.). The Commission is authorized to make an interim report to the 2012 regular session and is required to submit a final report and recommendations to the 2013 regular session.

  • Summary date: Apr 6 2011 - View Summary

    Enacts new Chapter 47I to the General Statutes, titled the Property Owners Protection Act. States that it is the policy of North Carolina that all statutes, ordinances, rules, and regulations affecting the free use of land will be strictly construed against the government and liberally construed in favor of the free use of land. Directs the court to award to the property owner the attorneys' fees incurred by the property owner, when the owner successfully challenges the construction, interpretation, or enforcement of a statute, ordinance, rule, or regulation that impairs the free use of land. Directs the court to award attorneys' fees incurred by the owner when the property owner or other person entitled to claim a common law vested right to complete a development project files a cause of action to establish the vested right and the court finds that the applicable governmental unit failed to fairly investigate or provide an inexpensive means to establish the vested right. Prohibits the state, state agency, or local government from enforcing a penalty, fine, or forfeiture against a property owner for an act the owner did not commit in any matter involving a land use statute, ordinance, rule, or regulation. Includes whereas clauses.
    Enacts new GS 153A-348.1 and new GS 160A-394.1 to apply GS Chapter 47I to counties and cities, respectively. Makes conforming and clarifying changes to GS 160A-385, which pertains to changes made to municipal zoning ordinances.
    Effective October 1, 2011.