§ 20-96. Detaining property-hauling vehicles or vehicles regulated by the Motor Carrier Safety Regulation Unit until fines or penalties and taxes are collected. - North Carolina Statutes

§ 20‑96.  Detainingproperty‑hauling vehicles or vehicles regulated by the Motor CarrierSafety Regulation Unit until fines or penalties and taxes are collected.

(a)        Authority to DetainVehicles. – A law enforcement officer may seize and detain the followingproperty‑hauling vehicles operating on the highways of the State:

(1)        A property‑haulingvehicle with an overload in violation of G.S. 20‑88(k) and G.S. 20‑118.

(2)        A property‑haulingvehicle that does not have a proper registration plate as required under G.S.20‑118.3.

(3)        A property‑haulingvehicle that is owned by a person liable for any overload penalties orassessments due and unpaid for more than 30 days.

(4)        A property‑haulingvehicle that is owned by a person liable for any taxes or penalties underArticle 36B of Chapter 105 of the General Statutes.

(5)        Any commercialvehicle operating under the authority of a motor carrier when the motor carrierhas been assessed a fine pursuant to G.S. 20‑17.7 and that fine has notbeen paid.

(6)        A property‑haulingvehicle operating in violation of G.S. 20‑119.

The officer may detain thevehicle until the delinquent fines or penalties and taxes are paid and, in thecase of a vehicle that does not have the proper registration plate, until theproper registration plate is secured.

(b)        Storage; Liability.– When necessary, an officer who detains a vehicle under this section may havethe vehicle stored. The motor carrier under whose authority the vehicle isbeing operated or the owner of a vehicle that is detained or stored under thissection is responsible for the care of any property being hauled by the vehicleand for any storage charges. The State shall not be liable for damage to thevehicle or loss of the property being hauled. (1937, c. 407, s. 60; 1943, c. 726; 1949, c. 583, s.8; c. 1207, s. 4½; c. 1253; 1951, c. 1013, ss. 1‑3; 1953, c. 694, ss. 2,3; 1955, c. 554, s. 9; 1957, c. 65, s. 11; 1959, c. 1264, s. 5; 1973, c. 507,s. 5; 1985, c. 116, ss. 1‑3; 1993, c. 539, s. 345; 1994, Ex. Sess., c.24, s. 14(c); 1995, c. 109, s. 2; 1999‑452, s. 18; 2000‑67, s.25.11; 2005‑361, s. 1.)