§ 20-37.21. Penalties. - North Carolina Statutes

§ 20‑37.21.  Penalties.

(a)        (Effective untilMarch 31, 2010) Any person who drives a commercial motor vehicle inviolation of G.S. 20‑37.12 shall be guilty of a Class 3 misdemeanor and,upon conviction, shall be fined not less than two hundred fifty dollars($250.00) for a first offense and not less than five hundred dollars ($500.00)for a second or subsequent offense. In addition, upon conviction, the personshall be subject to a civil penalty of not less than one thousand one hundreddollars ($1,100) for the first offense and not more than two thousand sevenhundred fifty dollars ($2,750) for a second or subsequent offense.

(a)        (Effective March31, 2010) Any person who drives a commercial motor vehicle in violation ofG.S. 20‑37.12 shall be guilty of a Class 3 misdemeanor and, uponconviction, shall be fined not less than two hundred fifty dollars ($250.00)for a first offense and not less than five hundred dollars ($500.00) for asecond or subsequent offense. In addition, the person shall be subject to a civilpenalty pursuant to the provisions of 49 C.F.R. § 383.53(b).

(b)        Any person whoviolates G.S. 20‑37.18 shall have committed an infraction and, upon beingfound responsible, shall pay a penalty of not less than one hundred dollars($100.00) nor more than five hundred dollars ($500.00).

(c)        Any employer whoviolates G.S. 20‑37.19 shall have committed an infraction and, upon beingfound responsible, shall pay a penalty of not less than five hundred dollars($500.00) nor more than one thousand dollars ($1,000). In addition, uponconviction, the employer shall be subject to a civil penalty of not less thantwo thousand seven hundred fifty dollars ($2,750) nor more than eleven thousanddollars ($11,000).

(d)        An employer whoknowingly allows, requires, permits, or otherwise authorizes an employee toviolate any railroad grade requirements contained in G.S. 20‑142.1through G.S. 20‑142.5 shall pay a civil penalty of not more than tenthousand dollars ($10,000).  (1989, c. 771, s. 2; 1993, c. 539, s. 327; 1994, Ex.Sess., c. 24, s. 14(c); 2005‑349, s. 10; 2009‑416, s. 7.)