Unless the context requiresotherwise, the following definitions apply throughout this Chapter to thedefined words and phrases and their cognates:
(1a) Alcohol. Anysubstance containing any form of alcohol, including ethanol, methanol,propanol, and isopropanol.
(1b) AlcoholConcentration. The concentration of alcohol in a person, expressed either as:
a. Grams of alcohol per100 milliliters of blood; or
b. Grams of alcohol per210 liters of breath.
Theresults of a defendant's alcohol concentration determined by a chemicalanalysis of the defendant's breath or blood shall be reported to thehundredths. Any result between hundredths shall be reported to the next lowerhundredth.
(1c) All‑TerrainVehicle or ATV. A motorized off‑highway vehicle designed to travel onthree or four low‑pressure tires, having a seat designed to be straddledby the operator and handlebars for steering control.
(1d) Business District. Theterritory prescribed as such by ordinance of the Board of Transportation.
(2) Canceled. Asapplied to drivers' licenses and permits, a declaration that a license orpermit which was issued through error or fraud, or to which G.S. 20‑15(a)(3)applies, is void and terminated.
(2a) Class A MotorVehicle. A combination of motor vehicles that meets either of the followingdescriptions:
a. Has a combined GVWRof at least 26,001 pounds and includes as part of the combination a towed unitthat has a GVWR of at least 10,001 pounds.
b. Has a combined GVWRof less than 26,001 pounds and includes as part of the combination a towed unitthat has a GVWR of at least 10,001 pounds.
(2b) Class B MotorVehicle. Any of the following:
a. A single motorvehicle that has a GVWR of at least 26,001 pounds.
b. A combination ofmotor vehicles that includes as part of the combination a towing unit that hasa GVWR of at least 26,001 pounds and a towed unit that has a GVWR of less than10,001 pounds.
(2c) Class C MotorVehicle. Any of the following:
a. A single motorvehicle not included in Class B.
b. A combination ofmotor vehicles not included in Class A or Class B.
(3) Repealed by SessionLaws 1979, c. 667, s. 1.
(3a) Chemical Analysis. Atest or tests of the breath, blood, or other bodily fluid or substance of aperson to determine the person's alcohol concentration or presence of animpairing substance, performed in accordance with G.S. 20‑139.1,including duplicate or sequential analyses.
(3b) Chemical Analyst. Aperson granted a permit by the Department of Health and Human Services underG.S. 20‑139.1 to perform chemical analyses.
(3c) Commercial DriversLicense (CDL). A license issued by a state to an individual who resides inthe state that authorizes the individual to drive a class of commercial motorvehicle. A "nonresident commercial drivers license (NRCDL)" is issuedby a state to an individual who resides in a foreign jurisdiction.
(3d) Commercial MotorVehicle. Any of the following motor vehicles that are designed or used totransport passengers or property:
a. A Class A motorvehicle that has a combined GVWR of at least 26,001 pounds and includes as partof the combination a towed unit that has a GVWR of at least 10,001 pounds.
b. A Class B motorvehicle.
c. A Class C motorvehicle that meets either of the following descriptions:
1. Is designed totransport 16 or more passengers, including the driver.
2. Is transportinghazardous materials and is required to be placarded in accordance with 49C.F.R. Part 172, Subpart F.
d. Repealed by SessionLaws 1999, c. 330, s. 9, effective December 1, 1999.
(4) Commissioner. TheCommissioner of Motor Vehicles.
(4a) Conviction. Aconviction for an offense committed in North Carolina or another state:
a. In‑State. Whenreferring to an offense committed in North Carolina, the term means any of thefollowing:
1. A final convictionof a criminal offense, including a no contest plea.
2. A determination thata person is responsible for an infraction, including a no contest plea.
3. An unvacatedforfeiture of cash in the full amount of a bond required by Article 26 ofChapter 15A of the General Statutes.
4. A third orsubsequent prayer for judgment continued within any five‑year period.
5. Any prayer forjudgment continued if the offender holds a commercial drivers license or if theoffense occurs in a commercial motor vehicle.
b. Out‑of‑State.When referring to an offense committed outside North Carolina, the term meansany of the following:
1. An unvacatedadjudication of guilt.
2. A determination thata person has violated or failed to comply with the law in a court of originaljurisdiction or an authorized administrative tribunal.
3. An unvacatedforfeiture of bail or collateral deposited to secure the person's appearance incourt.
4. A violation of acondition of release without bail, regardless of whether or not the penalty isrebated, suspended, or probated.
5. A final convictionof a criminal offense, including a no contest plea.
6. (Effective March31, 2010) Any prayer for judgment continued, including any payment of afine or court costs, if the offender holds a commercial drivers license or ifthe offense occurs in a commercial motor vehicle.
(4b) Crash. Any eventthat results in injury or property damage attributable directly to the motionof a motor vehicle or its load. The terms collision, accident, and crash andtheir cognates are synonymous.
(5) Dealer. Everyperson engaged in the business of buying, selling, distributing, or exchangingmotor vehicles, trailers, or semitrailers in this State, and having anestablished place of business in this State.
Theterms "motor vehicle dealer," "new motor vehicle dealer,"and "used motor vehicle dealer" as used in Article 12 of this Chapterhave the meaning set forth in G.S. 20‑286.
(5a) Disqualification. Awithdrawal of the privilege to drive a commercial motor vehicle.
(6) Division. TheDivision of Motor Vehicles acting directly or through its duly authorizedofficers and agents.
(7) Driver. Theoperator of a vehicle, as defined in subdivision (25). The terms"driver" and "operator" and their cognates are synonymous.
(7a) Electric PersonalAssistive Mobility Device. A self‑balancing nontandem two‑wheeleddevice, designed to transport one person, with a propulsion system that limitsthe maximum speed of the device to 15 miles per hour or less.
(7b) (Effective untilMarch 31, 2010) Employer. Any person who owns or leases a commercialmotor vehicle or assigns a person to drive a commercial motor vehicle.
(7b) (Effective March31, 2010) Employer. Any person who owns or leases a commercial motorvehicle or assigns a person to drive a commercial motor vehicle and would besubject to the alcohol and controlled substance testing provisions of 49 C.F.R.§ 382 and also includes any consortium or third‑party administratoradministering the alcohol and controlled substance testing program on behalf ofowner‑operators subject to the provisions of 49 C.F.R. § 382.
(8) Essential Parts. Allintegral and body parts of a vehicle of any type required to be registeredhereunder, the removal, alteration, or substitution of which would tend toconceal the identity of the vehicle or substantially alter its appearance,model, type, or mode of operation.
(9) Established Place ofBusiness. Except as provided in G.S. 20‑286, the place actuallyoccupied by a dealer or manufacturer at which a permanent business ofbargaining, trading, and selling motor vehicles is or will be carried on and atwhich the books, records, and files necessary and incident to the conduct ofthe business of automobile dealers or manufacturers shall be kept andmaintained.
(10) Explosives. Anychemical compound or mechanical mixture that is commonly used or intended forthe purpose of producing an explosion and which contains any oxidizing andcombustive units or other ingredients in such proportions, quantities, orpacking that an ignition by fire, by friction, by concussion, by percussion, orby detonator of any part of the compound or mixture may cause such a suddengeneration of highly heated gases that the resultant gaseous pressures arecapable of producing destructible effects on contiguous objects or ofdestroying life or limb.
(11) Farm Tractor. Everymotor vehicle designed and used primarily as a farm implement for drawingplows, mowing machines, and other implements of husbandry.
(11a) For‑Hire MotorCarrier. A person who transports passengers or property by motor vehicle forcompensation.
(12) Foreign Vehicle. Everyvehicle of a type required to be registered hereunder brought into this Statefrom another state, territory, or country, other than in the ordinary course ofbusiness, by or through a manufacturer or dealer and not registered in thisState.
(12a) Golf Cart. A vehicledesigned and manufactured for operation on a golf course for sporting orrecreational purposes and that is not capable of exceeding speeds of 20 milesper hour.
(12b) Gross Vehicle WeightRating (GVWR). The value specified by the manufacturer as the maximum loadedweight a vehicle is capable of safely hauling. The GVWR of a combination vehicleis the GVWR of the power unit plus the GVWR of the towed unit or units. When avehicle is determined by an enforcement officer to be structurally altered inany way from the manufacturer's original design in an attempt to increase thehauling capacity of the vehicle, the GVWR of that vehicle shall be deemed to bethe greater of the license weight or the total weight of the vehicle orcombination of vehicles for the purpose of enforcing this Chapter. For thepurpose of classification of commercial drivers license and skills testing, themanufacturer's GVWR shall be used.
(12c) Hazardous Materials. Any material that has been designated as hazardous under 49 U.S.C. § 5103 andis required to be placarded under Subpart F of Part 172 of Title 49 of the Codeof Federal Regulations (1 October 2007 Edition), or any quantity of a materiallisted as a select agent or toxin under Part 73 of Title 42 of the Code ofFederal Regulations (1 October 2007 Edition).
(13) Highway. The entirewidth between property or right‑of‑way lines of every way or placeof whatever nature, when any part thereof is open to the use of the public as amatter of right for the purposes of vehicular traffic. The terms"highway" and "street" and their cognates are synonymous.
(14) House Trailer. Anytrailer or semitrailer designed and equipped to provide living or sleepingfacilities and drawn by a motor vehicle.
(14a) Impairing Substance. Alcohol, controlled substance under Chapter 90 of the General Statutes, anyother drug or psychoactive substance capable of impairing a person's physicalor mental faculties, or any combination of these substances.
(15) Implement ofHusbandry. Every vehicle which is designed for agricultural purposes and usedexclusively in the conduct of agricultural operations.
(15a) Inoperable Vehicle. Amotor vehicle that is substantially disassembled and for this reason ismechanically unfit or unsafe to be operated or moved upon a public street,highway, or public vehicular area.
(16) Intersection. Thearea embraced within the prolongation of the lateral curblines or, if none,then the lateral edge of roadway lines of two or more highways which join oneanother at any angle whether or not one such highway crosses the other.
Wherea highway includes two roadways 30 feet or more apart, then every crossing ofeach roadway of such divided highway by an intersecting highway shall beregarded as a separate intersection. In the event that such intersectinghighway also includes two roadways 30 feet or more apart, then every crossingof two roadways of such highways shall be regarded as a separate intersection.
(17) License. Anydriver's license or any other license or permit to operate a motor vehicleissued under or granted by the laws of this State including:
a. Any temporarylicense or learner's permit;
b. The privilege of anyperson to drive a motor vehicle whether or not such person holds a validlicense; and
c. Any nonresident'soperating privilege.
(18) Local Authorities. Everycounty, municipality, or other territorial district with a local board or bodyhaving authority to adopt local police regulations under the Constitution andlaws of this State.
(19) Manufacturer. Everyperson, resident, or nonresident of this State, who manufactures or assemblesmotor vehicles.
(20) Manufacturer'sCertificate. A certification on a form approved by the Division, signed bythe manufacturer, indicating the name of the person or dealer to whom thetherein‑described vehicle is transferred, the date of transfer and that suchvehicle is the first transfer of such vehicle in ordinary trade and commerce.The description of the vehicle shall include the make, model, year, type ofbody, identification number or numbers, and such other information as theDivision may require.
(21) Metal Tire. Everytire the surface of which in contact with the highway is wholly or partly ofmetal or other hard, nonresilient material.
(21a) Moped. A type ofpassenger vehicle as defined in G.S. 105‑164.3.
(21b) Motor Carrier. A for‑hiremotor carrier or a private motor carrier.
(22) Motorcycle. A typeof passenger vehicle as defined in G.S. 20‑4.01(27).
(23) Motor Vehicle. Everyvehicle which is self‑propelled and every vehicle designed to run uponthe highways which is pulled by a self‑propelled vehicle. This shall notinclude mopeds as defined in G.S. 20‑4.01(27)d1.
(24) Nonresident. Anyperson whose legal residence is in some state, territory, or jurisdiction otherthan North Carolina or in a foreign country.
(24a) Offense Involving ImpairedDriving. Any of the following offenses:
a. Impaired drivingunder G.S. 20‑138.1.
b. Any offense setforth under G.S. 20‑141.4 when conviction is based upon impaired drivingor a substantially similar offense under previous law.
c. First or second degreemurder under G.S. 14‑17 or involuntary manslaughter under G.S. 14‑18when conviction is based upon impaired driving or a substantially similaroffense under previous law.
d. An offense committedin another jurisdiction which prohibits substantially similar conductprohibited by the offenses in this subsection.
e. A repealed orsuperseded offense substantially similar to impaired driving, includingoffenses under former G.S. 20‑138 or G.S. 20‑139.
f. Impaired driving ina commercial motor vehicle under G.S. 20‑138.2, except that convictionsof impaired driving under G.S. 20‑138.1 and G.S. 20‑138.2 arisingout of the same transaction shall be considered a single conviction of anoffense involving impaired driving for any purpose under this Chapter.
g. Habitual impaireddriving under G.S. 20‑138.5.
Aconviction under former G.S. 20‑140(c) is not an offense involvingimpaired driving.
(25) Operator. A personin actual physical control of a vehicle which is in motion or which has theengine running. The terms "operator" and "driver" and theircognates are synonymous.
(25a) Out of Service Order. A declaration that a driver, a commercial motor vehicle, or a motor carrieroperation is out‑of‑service.
(26) Owner. A personholding the legal title to a vehicle, or in the event a vehicle is the subjectof a chattel mortgage or an agreement for the conditional sale or lease thereofor other like agreement, with the right of purchase upon performance of theconditions stated in the agreement, and with the immediate right of possessionvested in the mortgagor, conditional vendee or lessee, said mortgagor,conditional vendee or lessee shall be deemed the owner for the purpose of thisChapter. For the purposes of this Chapter, the lessee of a vehicle owned by thegovernment of the United States shall be considered the owner of said vehicle.
(27) Passenger Vehicles.
a. Excursion passengervehicles. Vehicles transporting persons on sight‑seeing or traveltours.
b. For hire passengervehicles. Vehicles transporting persons for compensation. This classificationshall not include vehicles operated as ambulances; vehicles operated by theowner where the costs of operation are shared by the passengers; vehiclesoperated pursuant to a ridesharing arrangement as defined in G.S. 136‑44.21;vehicles transporting students for the public school system under contract withthe State Board of Education or vehicles leased to the United States of Americaor any of its agencies on a nonprofit basis; or vehicles used for human serviceor volunteer transportation.
c. Common carriers ofpassengers. Vehicles operated under a certificate of authority issued by theUtilities Commission for operation on the highways of this State between fixedtermini or over a regular route for the transportation of persons forcompensation.
c1. Child care vehicles. Vehicles under the direction and control of a child care facility, as definedin G.S. 110‑86(3), and driven by an owner, employee, or agent of thechild care facility for the primary purpose of transporting children to andfrom the child care facility, or to and from a place for participation in anevent or activity in connection with the child care facility.
d. Motorcycles. Vehicleshaving a saddle for the use of the rider and designed to travel on not morethan three wheels in contact with the ground, including motor scooters andmotor‑driven bicycles, but excluding tractors and utility vehiclesequipped with an additional form of device designed to transport property,three‑wheeled vehicles while being used by law‑enforcement agenciesand mopeds as defined in subdivision d1 of this subsection.
d1. Moped. Defined inG.S. 105‑164.3.
d2. Motor home or housecar. A vehicular unit, designed to provide temporary living quarters, builtinto as an integral part, or permanently attached to, a self‑propelledmotor vehicle chassis or van. The vehicle must provide at least four of thefollowing facilities: cooking, refrigeration or icebox, self‑containedtoilet, heating or air conditioning, a portable water supply system including afaucet and sink, separate 110‑125 volt electrical power supply, or an LPgas supply.
d3. School activity bus. A vehicle, generally painted a different color from a school bus, whoseprimary purpose is to transport school students and others to or from a placefor participation in an event other than regular classroom work. The termincludes a public, private, or parochial vehicle that meets this description.
d4. School bus. Avehicle whose primary purpose is to transport school students over anestablished route to and from school for the regularly scheduled school day,that is equipped with alternately flashing red lights on the front and rear anda mechanical stop signal, that is painted primarily yellow below the roofline,and that bears the plainly visible words "School Bus" on the frontand rear. The term includes a public, private, or parochial vehicle that meetsthis description.
e. U‑drive‑itpassenger vehicles. Passenger vehicles included in the definition of U‑drive‑itvehicles set forth in this section.
f. Ambulances. Vehiclesequipped for transporting wounded, injured, or sick persons.
g. Private passengervehicles. All other passenger vehicles not included in the above definitions.
h. Low‑speed vehicle.A four‑wheeled electric vehicle whose top speed is greater than 20 milesper hour but less than 25 miles per hour.
(28) Person. Everyindividual, firm, partnership, association, corporation, governmental agency,or combination thereof of whatsoever form or character.
(29) Pneumatic Tire. Everytire in which compressed air is designed to support the load.
(29a) Private Motor Carrier. A person who transports passengers or property by motor vehicle in interstatecommerce and is not a for‑hire motor carrier.
(30) Private Road orDriveway. Every road or driveway not open to the use of the public as amatter of right for the purpose of vehicular traffic.
(31) Property‑HaulingVehicles.
a. Vehicles used forthe transportation of property.
b., c. Repealed bySession Laws 1995 (Regular Session, 1996), c. 756, s. 4.
d. Semitrailers. Vehicleswithout motive power designed for carrying property or persons and for beingdrawn by a motor vehicle, and so constructed that part of their weight or theirload rests upon or is carried by the pulling vehicle.
e. Trailers. Vehicleswithout motive power designed for carrying property or persons wholly on theirown structure and to be drawn by a motor vehicle, including "poletrailers" or a pair of wheels used primarily to balance a load rather thanfor purposes of transportation.
f. Repealed by SessionLaws 1995 (Regular Session, 1996), c. 756, s. 4.
(31a) Provisional Licensee. A person under the age of 18 years.
(32) Public VehicularArea. Any area within the State of North Carolina that meets one or more ofthe following requirements:
a. The area is used bythe public for vehicular traffic at any time, including by way of illustrationand not limitation any drive, driveway, road, roadway, street, alley, or parkinglot upon the grounds and premises of any of the following:
1. Any public orprivate hospital, college, university, school, orphanage, church, or any of theinstitutions, parks or other facilities maintained and supported by the Stateof North Carolina or any of its subdivisions.
2. Any service station,drive‑in theater, supermarket, store, restaurant, or office building, orany other business, residential, or municipal establishment providing parkingspace whether the business or establishment is open or closed.
3. Any property ownedby the United States and subject to the jurisdiction of the State of NorthCarolina. (The inclusion of property owned by the United States in thisdefinition shall not limit assimilation of North Carolina law when applicableunder the provisions of Title 18, United States Code, section 13).
b. The area is a beacharea used by the public for vehicular traffic.
c. The area is a roadused by vehicular traffic within or leading to a gated or non‑gatedsubdivision or community, whether or not the subdivision or community roadshave been offered for dedication to the public.
d. The area is aportion of private property used by vehicular traffic and designated by theprivate property owner as a public vehicular area in accordance with G.S. 20‑219.4.
(32a) Recreational Vehicle. A vehicular type unit primarily designed as temporary living quarters forrecreational, camping, or travel use that either has its own motive power or ismounted on, or towed by, another vehicle. The basic entities are campingtrailer, fifth‑wheel travel trailer, motor home, travel trailer, andtruck camper.
a. Motor home. Asdefined in G.S. 20‑4.01(27)d2.
b. Travel trailer. Avehicular unit mounted on wheels, designed to provide temporary living quartersfor recreational, camping, or travel use, and of a size or weight that does notrequire a special highway movement permit when towed by a motorized vehicle.
c. Fifth‑wheeltrailer. A vehicular unit mounted on wheels designed to provide temporaryliving quarters for recreational, camping, or travel use, of a size and weightthat does not require a special highway movement permit and designed to betowed by a motorized vehicle that contains a towing mechanism that is mountedabove or forward of the tow vehicle's rear axle.
d. Camping trailer. Avehicular portable unit mounted on wheels and constructed with collapsiblepartial side walls that fold for towing by another vehicle and unfold at thecampsite to provide temporary living quarters for recreational, camping, ortravel use.
e. Truck camper. Aportable unit that is constructed to provide temporary living quarters forrecreational, camping, or travel use, consisting of a roof, floor, and sidesand is designed to be loaded onto and unloaded from the bed of a pickup truck.
(32b) Regular DriversLicense. A license to drive a commercial motor vehicle that is exempt fromthe commercial drivers license requirements or a noncommercial motor vehicle.
(33) a. FloodVehicle. A motor vehicle that has been submerged or partially submerged inwater to the extent that damage to the body, engine, transmission, ordifferential has occurred.
b. Non‑U.S.A.Vehicle. A motor vehicle manufactured outside of the United States and notintended by the manufacturer for sale in the United States.
c. ReconstructedVehicle. A motor vehicle of a type required to be registered hereunder thathas been materially altered from original construction due to removal, additionor substitution of new or used essential parts; and includes glider kits andcustom assembled vehicles.
d. Salvage MotorVehicle. Any motor vehicle damaged by collision or other occurrence to theextent that the cost of repairs to the vehicle and rendering the vehicle safefor use on the public streets and highways would exceed seventy‑fivepercent (75%) of its fair retail market value, whether or not the motor vehiclehas been declared a total loss by an insurer. Repairs shall include the cost ofparts and labor. Fair market retail values shall be as found in the NADAPricing Guide Book or other publications approved by the Commissioner.
e. Salvage RebuiltVehicle. A salvage vehicle that has been rebuilt for title and registration.
f. Junk Vehicle. Amotor vehicle which is incapable of operation or use upon the highways and hasno resale value except as a source of parts or scrap, and shall not be titledor registered.
(33a) Relevant Time afterthe Driving. Any time after the driving in which the driver still has in hisbody alcohol consumed before or during the driving.
(33b) Reportable Crash. Acrash involving a motor vehicle that results in one or more of the following:
a. Death or injury of ahuman being.
b. Total propertydamage of one thousand dollars ($1,000) or more, or property damage of any amountto a vehicle seized pursuant to G. S. 20‑28.3.
(33c) Reserve components ofthe Armed Forces of the United States. The organizations listed in Title 10United States Code, section 10101, which specifically includes the Army and AirNational Guard.
(34) Resident. Anyperson who resides within this State for other than a temporary or transitorypurpose for more than six months shall be presumed to be a resident of thisState; but absence from the State for more than six months shall raise nopresumption that the person is not a resident of this State.
(35) Residential District. The territory prescribed as such by ordinance of the Department ofTransportation.
(36) Revocation orSuspension. Termination of a licensee's or permittee's privilege to drive ortermination of the registration of a vehicle for a period of time stated in anorder of revocation or suspension. The terms "revocation" or"suspension" or a combination of both terms shall be usedsynonymously.
(37) Road Tractors. Vehiclesdesigned and used for drawing other vehicles upon the highway and not soconstructed as to carry any part of the load, either independently or as a partof the weight of the vehicle so drawn.
(38) Roadway. Thatportion of a highway improved, designed, or ordinarily used for vehiculartravel, exclusive of the shoulder. In the event a highway includes two or moreseparate roadways the term "roadway" as used herein shall refer toany such roadway separately but not to all such roadways collectively.
(39) Safety Zone. Trafficisland or other space officially set aside within a highway for the exclusiveuse of pedestrians and which is so plainly marked or indicated by proper signsas to be plainly visible at all times while set apart as a safety zone.
(40) Security Agreement. Written agreement which reserves or creates a security interest.
(41) Security Interest. Aninterest in a vehicle reserved or created by agreement and which securespayments or performance of an obligation. The term includes but is not limitedto the interest of a chattel mortgagee, the interest of a vendor under aconditional sales contract, the interest of a trustee under a chattel deed oftrust, and the interest of a lessor under a lease intended as security. Asecurity interest is "perfected" when it is valid against thirdparties generally.
(41a) Serious TrafficViolation. A conviction of one of the following offenses when operating acommercial or other motor vehicle:
a. Excessive speeding,involving a single charge of any speed 15 miles per hour or more above theposted speed limit.
b. Careless andreckless driving.
c. A violation of anyState or local law relating to motor vehicle traffic control, other than aparking violation, arising in connection with a fatal accident.
d. Improper or erraticlane changes.
e. Following thevehicle ahead too closely.
f. Driving acommercial motor vehicle without obtaining a commercial drivers license.
g. Driving a commercialmotor vehicle without a commercial drivers license in the driver's possession.
h. Driving a commercialmotor vehicle without the proper class of commercial drivers license orendorsements for the specific vehicle group being operated or for the passengeror type of cargo being transported.
(42) Solid Tire. Everytire of rubber or other resilient material which does not depend uponcompressed air for the support of the load.
(43) Specially ConstructedVehicles. Motor vehicles required to be registered under this Chapter andthat fit within one of the following categories:
a. Replica vehicle. Avehicle, excluding motorcycles, that when assembled replicates an earlier year,make, and model vehicle.
b. Street rod vehicle. A vehicle, excluding motorcycles, manufactured prior to 1949 that has beenmaterially altered or has a body constructed from nonoriginal materials.
c. Custom‑builtvehicle. A vehicle, including motorcycles, reconstructed or assembled by anonmanufacturer from new or used parts that has an exterior that does notreplicate or resemble any other manufactured vehicle. This category alsoincludes any motorcycle that was originally sold unassembled and manufacturedfrom a kit or that has been materially altered or that has a body constructedfrom nonoriginal materials.
(44) Special MobileEquipment. Defined in G.S. 105‑164.3.
(44a) Specialty Vehicles. Vehiclesof a type required to be registered under this Chapter that are modified fromtheir original construction for an educational, emergency services, or publicsafety use.
(45) State. A state,territory, or possession of the United States, District of Columbia,Commonwealth of Puerto Rico, a province of Canada, or the Sovereign Nation ofthe Eastern Band of the Cherokee Indians with tribal lands, as defined in 18U.S.C. § 1151, located within the boundaries of the State of North Carolina.For provisions in this Chapter that apply to commercial drivers licenses,"state" means a state of the United States and the District ofColumbia.
(46) Street. A highway,as defined in subdivision (13). The terms "highway" and"street" and their cognates are synonymous.
(47) Suspension. Terminationof a licensee's or permittee's privilege to drive or termination of theregistration of a vehicle for a period of time stated in an order of revocationor suspension. The terms "revocation" or "suspension" or acombination of both terms shall be used synonymously.
(48) Truck Tractors. Vehiclesdesigned and used primarily for drawing other vehicles and not so constructedas to carry any load independent of the vehicle so drawn.
(48a) U‑drive‑itvehicles. The following vehicles that are rented to a person, to be operatedby that person:
a. A private passengervehicle other than the following:
1. A private passengervehicle of nine‑passenger capacity or less that is rented for a term ofone year or more.
2. A private passengervehicle that is rented to public school authorities for driver‑traininginstruction.
b. A property‑haulingvehicle under 7,000 pounds that does not haul products for hire and that isrented for a term of less than one year.
c. Motorcycles.
(48b) Under the Influence ofan Impairing Substance. The state of a person having his physical or mentalfaculties, or both, appreciably impaired by an impairing substance.
(48c) Utility Vehicle. Vehicledesigned and manufactured for general maintenance, security, recreational, andlandscaping purposes, but does not include vehicles designed and used primarilyfor the transportation of persons or property on a street or highway.
(49) Vehicle. Everydevice in, upon, or by which any person or property is or may be transported ordrawn upon a highway, excepting devices moved by human power or usedexclusively upon fixed rails or tracks; provided, that for the purposes of thisChapter bicycles shall be deemed vehicles and every rider of a bicycle upon ahighway shall be subject to the provisions of this Chapter applicable to thedriver of a vehicle except those which by their nature can have no application.This term shall not include a device which is designed for and intended to beused as a means of transportation for a person with a mobility impairment, orwho uses the device for mobility enhancement, is suitable for use both insideand outside a building, including on sidewalks, and is limited by design to 15miles per hour when the device is being operated by a person with a mobilityimpairment, or who uses the device for mobility enhancement. This term shallnot include an electric personal assistive mobility device as defined in G.S.20‑4.01(7a).
(50) Wreckers. Vehicleswith permanently attached cranes used to move other vehicles; provided, thatsaid wreckers shall be equipped with adequate brakes for units being towed. (1973, c. 1330, s. 1; 1975,cc. 94, 208; c. 716, s. 5; c. 743; c. 859, s. 1; 1977, c. 313; c. 464, s. 34;1979, c. 39; c. 423, s. 1; c. 574, ss. 1‑4; c. 667, s. 1; c. 680; 1981,c. 606, s. 3; c. 792, s. 2; 1983, c. 435, s. 8; 1983 (Reg. Sess., 1984), c.1101, ss. 1‑3; 1985, c. 509, s. 6; 1987, c. 607, s. 2; c. 658, s. 1; 1987(Reg. Sess., 1988), c. 1069; c. 1105, s. 1; c. 1112, ss. 1‑3; 1989, c.455, ss. 1, 2; c. 727, s. 219(1); c. 771, ss. 1, 18; 1991, c. 449, s. 2; c.726, ss. 1‑4; 1991 (Reg. Sess., 1992), c. 1015, s. 1; 1993 (Reg. Sess.,1994), c. 761, s. 22; 1995, c. 191, s. 1; 1995 (Reg. Sess., 1996), c. 756, ss.2‑4; 1997‑379, s. 5.1; 1997‑443, s. 11A.8; 1997‑456, s.27; 1998‑149, s. 1; 1998‑182, ss. 1, 1.1, 26; 1998‑217, s.62(e); 1999‑330, s. 9; 1999‑337, s. 28(c)‑(e); 1999‑406,s. 14; 1999‑452, ss. 1‑5; 2000‑155, s. 9; 2000‑173, s.10(c); 2001‑212, s. 2; 2001‑341, ss. 1, 2; 2001‑356, ss. 1,2; 2001‑441, s. 1; 2001‑487, ss. 50(a), 51; 2002‑72, s.19(b); 2002‑98, ss. 1‑3; 2003‑397, s. 1; 2005‑282, s. 1; 2005‑349, ss. 1‑3;2006‑253, s. 8; 2007‑56, s. 4; 2007‑382, ss. 2, 3; 2007‑455,s. 1; 2007‑493, s. 1; 2008‑156, s. 1; 2009‑274, s. 1; 2009‑405,ss. 1, 4; 2009‑416, ss. 1, 2.)
Unless the context requiresotherwise, the following definitions apply throughout this Chapter to thedefined words and phrases and their cognates:
(1a) Alcohol. Anysubstance containing any form of alcohol, including ethanol, methanol,propanol, and isopropanol.
(1b) AlcoholConcentration. The concentration of alcohol in a person, expressed either as:
a. Grams of alcohol per100 milliliters of blood; or
b. Grams of alcohol per210 liters of breath.
Theresults of a defendant's alcohol concentration determined by a chemicalanalysis of the defendant's breath or blood shall be reported to thehundredths. Any result between hundredths shall be reported to the next lowerhundredth.
(1c) All‑TerrainVehicle or ATV. A motorized off‑highway vehicle designed to travel onthree or four low‑pressure tires, having a seat designed to be straddledby the operator and handlebars for steering control.
(1d) Business District. Theterritory prescribed as such by ordinance of the Board of Transportation.
(2) Canceled. Asapplied to drivers' licenses and permits, a declaration that a license orpermit which was issued through error or fraud, or to which G.S. 20‑15(a)(3)applies, is void and terminated.
(2a) Class A MotorVehicle. A combination of motor vehicles that meets either of the followingdescriptions:
a. Has a combined GVWRof at least 26,001 pounds and includes as part of the combination a towed unitthat has a GVWR of at least 10,001 pounds.
b. Has a combined GVWRof less than 26,001 pounds and includes as part of the combination a towed unitthat has a GVWR of at least 10,001 pounds.
(2b) Class B MotorVehicle. Any of the following:
a. A single motorvehicle that has a GVWR of at least 26,001 pounds.
b. A combination ofmotor vehicles that includes as part of the combination a towing unit that hasa GVWR of at least 26,001 pounds and a towed unit that has a GVWR of less than10,001 pounds.
(2c) Class C MotorVehicle. Any of the following:
a. A single motorvehicle not included in Class B.
b. A combination ofmotor vehicles not included in Class A or Class B.
(3) Repealed by SessionLaws 1979, c. 667, s. 1.
(3a) Chemical Analysis. Atest or tests of the breath, blood, or other bodily fluid or substance of aperson to determine the person's alcohol concentration or presence of animpairing substance, performed in accordance with G.S. 20‑139.1,including duplicate or sequential analyses.
(3b) Chemical Analyst. Aperson granted a permit by the Department of Health and Human Services underG.S. 20‑139.1 to perform chemical analyses.
(3c) Commercial DriversLicense (CDL). A license issued by a state to an individual who resides inthe state that authorizes the individual to drive a class of commercial motorvehicle. A "nonresident commercial drivers license (NRCDL)" is issuedby a state to an individual who resides in a foreign jurisdiction.
(3d) Commercial MotorVehicle. Any of the following motor vehicles that are designed or used totransport passengers or property:
a. A Class A motorvehicle that has a combined GVWR of at least 26,001 pounds and includes as partof the combination a towed unit that has a GVWR of at least 10,001 pounds.
b. A Class B motorvehicle.
c. A Class C motorvehicle that meets either of the following descriptions:
1. Is designed totransport 16 or more passengers, including the driver.
2. Is transportinghazardous materials and is required to be placarded in accordance with 49C.F.R. Part 172, Subpart F.
d. Repealed by SessionLaws 1999, c. 330, s. 9, effective December 1, 1999.
(4) Commissioner. TheCommissioner of Motor Vehicles.
(4a) Conviction. Aconviction for an offense committed in North Carolina or another state:
a. In‑State. Whenreferring to an offense committed in North Carolina, the term means any of thefollowing:
1. A final convictionof a criminal offense, including a no contest plea.
2. A determination thata person is responsible for an infraction, including a no contest plea.
3. An unvacatedforfeiture of cash in the full amount of a bond required by Article 26 ofChapter 15A of the General Statutes.
4. A third orsubsequent prayer for judgment continued within any five‑year period.
5. Any prayer forjudgment continued if the offender holds a commercial drivers license or if theoffense occurs in a commercial motor vehicle.
b. Out‑of‑State.When referring to an offense committed outside North Carolina, the term meansany of the following:
1. An unvacatedadjudication of guilt.
2. A determination thata person has violated or failed to comply with the law in a court of originaljurisdiction or an authorized administrative tribunal.
3. An unvacatedforfeiture of bail or collateral deposited to secure the person's appearance incourt.
4. A violation of acondition of release without bail, regardless of whether or not the penalty isrebated, suspended, or probated.
5. A final convictionof a criminal offense, including a no contest plea.
6. (Effective March31, 2010) Any prayer for judgment continued, including any payment of afine or court costs, if the offender holds a commercial drivers license or ifthe offense occurs in a commercial motor vehicle.
(4b) Crash. Any eventthat results in injury or property damage attributable directly to the motionof a motor vehicle or its load. The terms collision, accident, and crash andtheir cognates are synonymous.
(5) Dealer. Everyperson engaged in the business of buying, selling, distributing, or exchangingmotor vehicles, trailers, or semitrailers in this State, and having anestablished place of business in this State.
Theterms "motor vehicle dealer," "new motor vehicle dealer,"and "used motor vehicle dealer" as used in Article 12 of this Chapterhave the meaning set forth in G.S. 20‑286.
(5a) Disqualification. Awithdrawal of the privilege to drive a commercial motor vehicle.
(6) Division. TheDivision of Motor Vehicles acting directly or through its duly authorizedofficers and agents.
(7) Driver. Theoperator of a vehicle, as defined in subdivision (25). The terms"driver" and "operator" and their cognates are synonymous.
(7a) Electric PersonalAssistive Mobility Device. A self‑balancing nontandem two‑wheeleddevice, designed to transport one person, with a propulsion system that limitsthe maximum speed of the device to 15 miles per hour or less.
(7b) (Effective untilMarch 31, 2010) Employer. Any person who owns or leases a commercialmotor vehicle or assigns a person to drive a commercial motor vehicle.
(7b) (Effective March31, 2010) Employer. Any person who owns or leases a commercial motorvehicle or assigns a person to drive a commercial motor vehicle and would besubject to the alcohol and controlled substance testing provisions of 49 C.F.R.§ 382 and also includes any consortium or third‑party administratoradministering the alcohol and controlled substance testing program on behalf ofowner‑operators subject to the provisions of 49 C.F.R. § 382.
(8) Essential Parts. Allintegral and body parts of a vehicle of any type required to be registeredhereunder, the removal, alteration, or substitution of which would tend toconceal the identity of the vehicle or substantially alter its appearance,model, type, or mode of operation.
(9) Established Place ofBusiness. Except as provided in G.S. 20‑286, the place actuallyoccupied by a dealer or manufacturer at which a permanent business ofbargaining, trading, and selling motor vehicles is or will be carried on and atwhich the books, records, and files necessary and incident to the conduct ofthe business of automobile dealers or manufacturers shall be kept andmaintained.
(10) Explosives. Anychemical compound or mechanical mixture that is commonly used or intended forthe purpose of producing an explosion and which contains any oxidizing andcombustive units or other ingredients in such proportions, quantities, orpacking that an ignition by fire, by friction, by concussion, by percussion, orby detonator of any part of the compound or mixture may cause such a suddengeneration of highly heated gases that the resultant gaseous pressures arecapable of producing destructible effects on contiguous objects or ofdestroying life or limb.
(11) Farm Tractor. Everymotor vehicle designed and used primarily as a farm implement for drawingplows, mowing machines, and other implements of husbandry.
(11a) For‑Hire MotorCarrier. A person who transports passengers or property by motor vehicle forcompensation.
(12) Foreign Vehicle. Everyvehicle of a type required to be registered hereunder brought into this Statefrom another state, territory, or country, other than in the ordinary course ofbusiness, by or through a manufacturer or dealer and not registered in thisState.
(12a) Golf Cart. A vehicledesigned and manufactured for operation on a golf course for sporting orrecreational purposes and that is not capable of exceeding speeds of 20 milesper hour.
(12b) Gross Vehicle WeightRating (GVWR). The value specified by the manufacturer as the maximum loadedweight a vehicle is capable of safely hauling. The GVWR of a combination vehicleis the GVWR of the power unit plus the GVWR of the towed unit or units. When avehicle is determined by an enforcement officer to be structurally altered inany way from the manufacturer's original design in an attempt to increase thehauling capacity of the vehicle, the GVWR of that vehicle shall be deemed to bethe greater of the license weight or the total weight of the vehicle orcombination of vehicles for the purpose of enforcing this Chapter. For thepurpose of classification of commercial drivers license and skills testing, themanufacturer's GVWR shall be used.
(12c) Hazardous Materials. Any material that has been designated as hazardous under 49 U.S.C. § 5103 andis required to be placarded under Subpart F of Part 172 of Title 49 of the Codeof Federal Regulations (1 October 2007 Edition), or any quantity of a materiallisted as a select agent or toxin under Part 73 of Title 42 of the Code ofFederal Regulations (1 October 2007 Edition).
(13) Highway. The entirewidth between property or right‑of‑way lines of every way or placeof whatever nature, when any part thereof is open to the use of the public as amatter of right for the purposes of vehicular traffic. The terms"highway" and "street" and their cognates are synonymous.
(14) House Trailer. Anytrailer or semitrailer designed and equipped to provide living or sleepingfacilities and drawn by a motor vehicle.
(14a) Impairing Substance. Alcohol, controlled substance under Chapter 90 of the General Statutes, anyother drug or psychoactive substance capable of impairing a person's physicalor mental faculties, or any combination of these substances.
(15) Implement ofHusbandry. Every vehicle which is designed for agricultural purposes and usedexclusively in the conduct of agricultural operations.
(15a) Inoperable Vehicle. Amotor vehicle that is substantially disassembled and for this reason ismechanically unfit or unsafe to be operated or moved upon a public street,highway, or public vehicular area.
(16) Intersection. Thearea embraced within the prolongation of the lateral curblines or, if none,then the lateral edge of roadway lines of two or more highways which join oneanother at any angle whether or not one such highway crosses the other.
Wherea highway includes two roadways 30 feet or more apart, then every crossing ofeach roadway of such divided highway by an intersecting highway shall beregarded as a separate intersection. In the event that such intersectinghighway also includes two roadways 30 feet or more apart, then every crossingof two roadways of such highways shall be regarded as a separate intersection.
(17) License. Anydriver's license or any other license or permit to operate a motor vehicleissued under or granted by the laws of this State including:
a. Any temporarylicense or learner's permit;
b. The privilege of anyperson to drive a motor vehicle whether or not such person holds a validlicense; and
c. Any nonresident'soperating privilege.
(18) Local Authorities. Everycounty, municipality, or other territorial district with a local board or bodyhaving authority to adopt local police regulations under the Constitution andlaws of this State.
(19) Manufacturer. Everyperson, resident, or nonresident of this State, who manufactures or assemblesmotor vehicles.
(20) Manufacturer'sCertificate. A certification on a form approved by the Division, signed bythe manufacturer, indicating the name of the person or dealer to whom thetherein‑described vehicle is transferred, the date of transfer and that suchvehicle is the first transfer of such vehicle in ordinary trade and commerce.The description of the vehicle shall include the make, model, year, type ofbody, identification number or numbers, and such other information as theDivision may require.
(21) Metal Tire. Everytire the surface of which in contact with the highway is wholly or partly ofmetal or other hard, nonresilient material.
(21a) Moped. A type ofpassenger vehicle as defined in G.S. 105‑164.3.
(21b) Motor Carrier. A for‑hiremotor carrier or a private motor carrier.
(22) Motorcycle. A typeof passenger vehicle as defined in G.S. 20‑4.01(27).
(23) Motor Vehicle. Everyvehicle which is self‑propelled and every vehicle designed to run uponthe highways which is pulled by a self‑propelled vehicle. This shall notinclude mopeds as defined in G.S. 20‑4.01(27)d1.
(24) Nonresident. Anyperson whose legal residence is in some state, territory, or jurisdiction otherthan North Carolina or in a foreign country.
(24a) Offense Involving ImpairedDriving. Any of the following offenses:
a. Impaired drivingunder G.S. 20‑138.1.
b. Any offense setforth under G.S. 20‑141.4 when conviction is based upon impaired drivingor a substantially similar offense under previous law.
c. First or second degreemurder under G.S. 14‑17 or involuntary manslaughter under G.S. 14‑18when conviction is based upon impaired driving or a substantially similaroffense under previous law.
d. An offense committedin another jurisdiction which prohibits substantially similar conductprohibited by the offenses in this subsection.
e. A repealed orsuperseded offense substantially similar to impaired driving, includingoffenses under former G.S. 20‑138 or G.S. 20‑139.
f. Impaired driving ina commercial motor vehicle under G.S. 20‑138.2, except that convictionsof impaired driving under G.S. 20‑138.1 and G.S. 20‑138.2 arisingout of the same transaction shall be considered a single conviction of anoffense involving impaired driving for any purpose under this Chapter.
g. Habitual impaireddriving under G.S. 20‑138.5.
Aconviction under former G.S. 20‑140(c) is not an offense involvingimpaired driving.
(25) Operator. A personin actual physical control of a vehicle which is in motion or which has theengine running. The terms "operator" and "driver" and theircognates are synonymous.
(25a) Out of Service Order. A declaration that a driver, a commercial motor vehicle, or a motor carrieroperation is out‑of‑service.
(26) Owner. A personholding the legal title to a vehicle, or in the event a vehicle is the subjectof a chattel mortgage or an agreement for the conditional sale or lease thereofor other like agreement, with the right of purchase upon performance of theconditions stated in the agreement, and with the immediate right of possessionvested in the mortgagor, conditional vendee or lessee, said mortgagor,conditional vendee or lessee shall be deemed the owner for the purpose of thisChapter. For the purposes of this Chapter, the lessee of a vehicle owned by thegovernment of the United States shall be considered the owner of said vehicle.
(27) Passenger Vehicles.
a. Excursion passengervehicles. Vehicles transporting persons on sight‑seeing or traveltours.
b. For hire passengervehicles. Vehicles transporting persons for compensation. This classificationshall not include vehicles operated as ambulances; vehicles operated by theowner where the costs of operation are shared by the passengers; vehiclesoperated pursuant to a ridesharing arrangement as defined in G.S. 136‑44.21;vehicles transporting students for the public school system under contract withthe State Board of Education or vehicles leased to the United States of Americaor any of its agencies on a nonprofit basis; or vehicles used for human serviceor volunteer transportation.
c. Common carriers ofpassengers. Vehicles operated under a certificate of authority issued by theUtilities Commission for operation on the highways of this State between fixedtermini or over a regular route for the transportation of persons forcompensation.
c1. Child care vehicles. Vehicles under the direction and control of a child care facility, as definedin G.S. 110‑86(3), and driven by an owner, employee, or agent of thechild care facility for the primary purpose of transporting children to andfrom the child care facility, or to and from a place for participation in anevent or activity in connection with the child care facility.
d. Motorcycles. Vehicleshaving a saddle for the use of the rider and designed to travel on not morethan three wheels in contact with the ground, including motor scooters andmotor‑driven bicycles, but excluding tractors and utility vehiclesequipped with an additional form of device designed to transport property,three‑wheeled vehicles while being used by law‑enforcement agenciesand mopeds as defined in subdivision d1 of this subsection.
d1. Moped. Defined inG.S. 105‑164.3.
d2. Motor home or housecar. A vehicular unit, designed to provide temporary living quarters, builtinto as an integral part, or permanently attached to, a self‑propelledmotor vehicle chassis or van. The vehicle must provide at least four of thefollowing facilities: cooking, refrigeration or icebox, self‑containedtoilet, heating or air conditioning, a portable water supply system including afaucet and sink, separate 110‑125 volt electrical power supply, or an LPgas supply.
d3. School activity bus. A vehicle, generally painted a different color from a school bus, whoseprimary purpose is to transport school students and others to or from a placefor participation in an event other than regular classroom work. The termincludes a public, private, or parochial vehicle that meets this description.
d4. School bus. Avehicle whose primary purpose is to transport school students over anestablished route to and from school for the regularly scheduled school day,that is equipped with alternately flashing red lights on the front and rear anda mechanical stop signal, that is painted primarily yellow below the roofline,and that bears the plainly visible words "School Bus" on the frontand rear. The term includes a public, private, or parochial vehicle that meetsthis description.
e. U‑drive‑itpassenger vehicles. Passenger vehicles included in the definition of U‑drive‑itvehicles set forth in this section.
f. Ambulances. Vehiclesequipped for transporting wounded, injured, or sick persons.
g. Private passengervehicles. All other passenger vehicles not included in the above definitions.
h. Low‑speed vehicle.A four‑wheeled electric vehicle whose top speed is greater than 20 milesper hour but less than 25 miles per hour.
(28) Person. Everyindividual, firm, partnership, association, corporation, governmental agency,or combination thereof of whatsoever form or character.
(29) Pneumatic Tire. Everytire in which compressed air is designed to support the load.
(29a) Private Motor Carrier. A person who transports passengers or property by motor vehicle in interstatecommerce and is not a for‑hire motor carrier.
(30) Private Road orDriveway. Every road or driveway not open to the use of the public as amatter of right for the purpose of vehicular traffic.
(31) Property‑HaulingVehicles.
a. Vehicles used forthe transportation of property.
b., c. Repealed bySession Laws 1995 (Regular Session, 1996), c. 756, s. 4.
d. Semitrailers. Vehicleswithout motive power designed for carrying property or persons and for beingdrawn by a motor vehicle, and so constructed that part of their weight or theirload rests upon or is carried by the pulling vehicle.
e. Trailers. Vehicleswithout motive power designed for carrying property or persons wholly on theirown structure and to be drawn by a motor vehicle, including "poletrailers" or a pair of wheels used primarily to balance a load rather thanfor purposes of transportation.
f. Repealed by SessionLaws 1995 (Regular Session, 1996), c. 756, s. 4.
(31a) Provisional Licensee. A person under the age of 18 years.
(32) Public VehicularArea. Any area within the State of North Carolina that meets one or more ofthe following requirements:
a. The area is used bythe public for vehicular traffic at any time, including by way of illustrationand not limitation any drive, driveway, road, roadway, street, alley, or parkinglot upon the grounds and premises of any of the following:
1. Any public orprivate hospital, college, university, school, orphanage, church, or any of theinstitutions, parks or other facilities maintained and supported by the Stateof North Carolina or any of its subdivisions.
2. Any service station,drive‑in theater, supermarket, store, restaurant, or office building, orany other business, residential, or municipal establishment providing parkingspace whether the business or establishment is open or closed.
3. Any property ownedby the United States and subject to the jurisdiction of the State of NorthCarolina. (The inclusion of property owned by the United States in thisdefinition shall not limit assimilation of North Carolina law when applicableunder the provisions of Title 18, United States Code, section 13).
b. The area is a beacharea used by the public for vehicular traffic.
c. The area is a roadused by vehicular traffic within or leading to a gated or non‑gatedsubdivision or community, whether or not the subdivision or community roadshave been offered for dedication to the public.
d. The area is aportion of private property used by vehicular traffic and designated by theprivate property owner as a public vehicular area in accordance with G.S. 20‑219.4.
(32a) Recreational Vehicle. A vehicular type unit primarily designed as temporary living quarters forrecreational, camping, or travel use that either has its own motive power or ismounted on, or towed by, another vehicle. The basic entities are campingtrailer, fifth‑wheel travel trailer, motor home, travel trailer, andtruck camper.
a. Motor home. Asdefined in G.S. 20‑4.01(27)d2.
b. Travel trailer. Avehicular unit mounted on wheels, designed to provide temporary living quartersfor recreational, camping, or travel use, and of a size or weight that does notrequire a special highway movement permit when towed by a motorized vehicle.
c. Fifth‑wheeltrailer. A vehicular unit mounted on wheels designed to provide temporaryliving quarters for recreational, camping, or travel use, of a size and weightthat does not require a special highway movement permit and designed to betowed by a motorized vehicle that contains a towing mechanism that is mountedabove or forward of the tow vehicle's rear axle.
d. Camping trailer. Avehicular portable unit mounted on wheels and constructed with collapsiblepartial side walls that fold for towing by another vehicle and unfold at thecampsite to provide temporary living quarters for recreational, camping, ortravel use.
e. Truck camper. Aportable unit that is constructed to provide temporary living quarters forrecreational, camping, or travel use, consisting of a roof, floor, and sidesand is designed to be loaded onto and unloaded from the bed of a pickup truck.
(32b) Regular DriversLicense. A license to drive a commercial motor vehicle that is exempt fromthe commercial drivers license requirements or a noncommercial motor vehicle.
(33) a. FloodVehicle. A motor vehicle that has been submerged or partially submerged inwater to the extent that damage to the body, engine, transmission, ordifferential has occurred.
b. Non‑U.S.A.Vehicle. A motor vehicle manufactured outside of the United States and notintended by the manufacturer for sale in the United States.
c. ReconstructedVehicle. A motor vehicle of a type required to be registered hereunder thathas been materially altered from original construction due to removal, additionor substitution of new or used essential parts; and includes glider kits andcustom assembled vehicles.
d. Salvage MotorVehicle. Any motor vehicle damaged by collision or other occurrence to theextent that the cost of repairs to the vehicle and rendering the vehicle safefor use on the public streets and highways would exceed seventy‑fivepercent (75%) of its fair retail market value, whether or not the motor vehiclehas been declared a total loss by an insurer. Repairs shall include the cost ofparts and labor. Fair market retail values shall be as found in the NADAPricing Guide Book or other publications approved by the Commissioner.
e. Salvage RebuiltVehicle. A salvage vehicle that has been rebuilt for title and registration.
f. Junk Vehicle. Amotor vehicle which is incapable of operation or use upon the highways and hasno resale value except as a source of parts or scrap, and shall not be titledor registered.
(33a) Relevant Time afterthe Driving. Any time after the driving in which the driver still has in hisbody alcohol consumed before or during the driving.
(33b) Reportable Crash. Acrash involving a motor vehicle that results in one or more of the following:
a. Death or injury of ahuman being.
b. Total propertydamage of one thousand dollars ($1,000) or more, or property damage of any amountto a vehicle seized pursuant to G. S. 20‑28.3.
(33c) Reserve components ofthe Armed Forces of the United States. The organizations listed in Title 10United States Code, section 10101, which specifically includes the Army and AirNational Guard.
(34) Resident. Anyperson who resides within this State for other than a temporary or transitorypurpose for more than six months shall be presumed to be a resident of thisState; but absence from the State for more than six months shall raise nopresumption that the person is not a resident of this State.
(35) Residential District. The territory prescribed as such by ordinance of the Department ofTransportation.
(36) Revocation orSuspension. Termination of a licensee's or permittee's privilege to drive ortermination of the registration of a vehicle for a period of time stated in anorder of revocation or suspension. The terms "revocation" or"suspension" or a combination of both terms shall be usedsynonymously.
(37) Road Tractors. Vehiclesdesigned and used for drawing other vehicles upon the highway and not soconstructed as to carry any part of the load, either independently or as a partof the weight of the vehicle so drawn.
(38) Roadway. Thatportion of a highway improved, designed, or ordinarily used for vehiculartravel, exclusive of the shoulder. In the event a highway includes two or moreseparate roadways the term "roadway" as used herein shall refer toany such roadway separately but not to all such roadways collectively.
(39) Safety Zone. Trafficisland or other space officially set aside within a highway for the exclusiveuse of pedestrians and which is so plainly marked or indicated by proper signsas to be plainly visible at all times while set apart as a safety zone.
(40) Security Agreement. Written agreement which reserves or creates a security interest.
(41) Security Interest. Aninterest in a vehicle reserved or created by agreement and which securespayments or performance of an obligation. The term includes but is not limitedto the interest of a chattel mortgagee, the interest of a vendor under aconditional sales contract, the interest of a trustee under a chattel deed oftrust, and the interest of a lessor under a lease intended as security. Asecurity interest is "perfected" when it is valid against thirdparties generally.
(41a) Serious TrafficViolation. A conviction of one of the following offenses when operating acommercial or other motor vehicle:
a. Excessive speeding,involving a single charge of any speed 15 miles per hour or more above theposted speed limit.
b. Careless andreckless driving.
c. A violation of anyState or local law relating to motor vehicle traffic control, other than aparking violation, arising in connection with a fatal accident.
d. Improper or erraticlane changes.
e. Following thevehicle ahead too closely.
f. Driving acommercial motor vehicle without obtaining a commercial drivers license.
g. Driving a commercialmotor vehicle without a commercial drivers license in the driver's possession.
h. Driving a commercialmotor vehicle without the proper class of commercial drivers license orendorsements for the specific vehicle group being operated or for the passengeror type of cargo being transported.
(42) Solid Tire. Everytire of rubber or other resilient material which does not depend uponcompressed air for the support of the load.
(43) Specially ConstructedVehicles. Motor vehicles required to be registered under this Chapter andthat fit within one of the following categories:
a. Replica vehicle. Avehicle, excluding motorcycles, that when assembled replicates an earlier year,make, and model vehicle.
b. Street rod vehicle. A vehicle, excluding motorcycles, manufactured prior to 1949 that has beenmaterially altered or has a body constructed from nonoriginal materials.
c. Custom‑builtvehicle. A vehicle, including motorcycles, reconstructed or assembled by anonmanufacturer from new or used parts that has an exterior that does notreplicate or resemble any other manufactured vehicle. This category alsoincludes any motorcycle that was originally sold unassembled and manufacturedfrom a kit or that has been materially altered or that has a body constructedfrom nonoriginal materials.
(44) Special MobileEquipment. Defined in G.S. 105‑164.3.
(44a) Specialty Vehicles. Vehiclesof a type required to be registered under this Chapter that are modified fromtheir original construction for an educational, emergency services, or publicsafety use.
(45) State. A state,territory, or possession of the United States, District of Columbia,Commonwealth of Puerto Rico, a province of Canada, or the Sovereign Nation ofthe Eastern Band of the Cherokee Indians with tribal lands, as defined in 18U.S.C. § 1151, located within the boundaries of the State of North Carolina.For provisions in this Chapter that apply to commercial drivers licenses,"state" means a state of the United States and the District ofColumbia.
(46) Street. A highway,as defined in subdivision (13). The terms "highway" and"street" and their cognates are synonymous.
(47) Suspension. Terminationof a licensee's or permittee's privilege to drive or termination of theregistration of a vehicle for a period of time stated in an order of revocationor suspension. The terms "revocation" or "suspension" or acombination of both terms shall be used synonymously.
(48) Truck Tractors. Vehiclesdesigned and used primarily for drawing other vehicles and not so constructedas to carry any load independent of the vehicle so drawn.
(48a) U‑drive‑itvehicles. The following vehicles that are rented to a person, to be operatedby that person:
a. A private passengervehicle other than the following:
1. A private passengervehicle of nine‑passenger capacity or less that is rented for a term ofone year or more.
2. A private passengervehicle that is rented to public school authorities for driver‑traininginstruction.
b. A property‑haulingvehicle under 7,000 pounds that does not haul products for hire and that isrented for a term of less than one year.
c. Motorcycles.
(48b) Under the Influence ofan Impairing Substance. The state of a person having his physical or mentalfaculties, or both, appreciably impaired by an impairing substance.
(48c) Utility Vehicle. Vehicledesigned and manufactured for general maintenance, security, recreational, andlandscaping purposes, but does not include vehicles designed and used primarilyfor the transportation of persons or property on a street or highway.
(49) Vehicle. Everydevice in, upon, or by which any person or property is or may be transported ordrawn upon a highway, excepting devices moved by human power or usedexclusively upon fixed rails or tracks; provided, that for the purposes of thisChapter bicycles shall be deemed vehicles and every rider of a bicycle upon ahighway shall be subject to the provisions of this Chapter applicable to thedriver of a vehicle except those which by their nature can have no application.This term shall not include a device which is designed for and intended to beused as a means of transportation for a person with a mobility impairment, orwho uses the device for mobility enhancement, is suitable for use both insideand outside a building, including on sidewalks, and is limited by design to 15miles per hour when the device is being operated by a person with a mobilityimpairment, or who uses the device for mobility enhancement. This term shallnot include an electric personal assistive mobility device as defined in G.S.20‑4.01(7a).
(50) Wreckers. Vehicleswith permanently attached cranes used to move other vehicles; provided, thatsaid wreckers shall be equipped with adequate brakes for units being towed. (1973, c. 1330, s. 1; 1975,cc. 94, 208; c. 716, s. 5; c. 743; c. 859, s. 1; 1977, c. 313; c. 464, s. 34;1979, c. 39; c. 423, s. 1; c. 574, ss. 1‑4; c. 667, s. 1; c. 680; 1981,c. 606, s. 3; c. 792, s. 2; 1983, c. 435, s. 8; 1983 (Reg. Sess., 1984), c.1101, ss. 1‑3; 1985, c. 509, s. 6; 1987, c. 607, s. 2; c. 658, s. 1; 1987(Reg. Sess., 1988), c. 1069; c. 1105, s. 1; c. 1112, ss. 1‑3; 1989, c.455, ss. 1, 2; c. 727, s. 219(1); c. 771, ss. 1, 18; 1991, c. 449, s. 2; c.726, ss. 1‑4; 1991 (Reg. Sess., 1992), c. 1015, s. 1; 1993 (Reg. Sess.,1994), c. 761, s. 22; 1995, c. 191, s. 1; 1995 (Reg. Sess., 1996), c. 756, ss.2‑4; 1997‑379, s. 5.1; 1997‑443, s. 11A.8; 1997‑456, s.27; 1998‑149, s. 1; 1998‑182, ss. 1, 1.1, 26; 1998‑217, s.62(e); 1999‑330, s. 9; 1999‑337, s. 28(c)‑(e); 1999‑406,s. 14; 1999‑452, ss. 1‑5; 2000‑155, s. 9; 2000‑173, s.10(c); 2001‑212, s. 2; 2001‑341, ss. 1, 2; 2001‑356, ss. 1,2; 2001‑441, s. 1; 2001‑487, ss. 50(a), 51; 2002‑72, s.19(b); 2002‑98, ss. 1‑3; 2003‑397, s. 1; 2005‑282, s. 1; 2005‑349, ss. 1‑3;2006‑253, s. 8; 2007‑56, s. 4; 2007‑382, ss. 2, 3; 2007‑455,s. 1; 2007‑493, s. 1; 2008‑156, s. 1; 2009‑274, s. 1; 2009‑405,ss. 1, 4; 2009‑416, ss. 1, 2.)
Unless the context requiresotherwise, the following definitions apply throughout this Chapter to thedefined words and phrases and their cognates:
(1a) Alcohol. Anysubstance containing any form of alcohol, including ethanol, methanol,propanol, and isopropanol.
(1b) AlcoholConcentration. The concentration of alcohol in a person, expressed either as:
a. Grams of alcohol per100 milliliters of blood; or
b. Grams of alcohol per210 liters of breath.
Theresults of a defendant's alcohol concentration determined by a chemicalanalysis of the defendant's breath or blood shall be reported to thehundredths. Any result between hundredths shall be reported to the next lowerhundredth.
(1c) All‑TerrainVehicle or ATV. A motorized off‑highway vehicle designed to travel onthree or four low‑pressure tires, having a seat designed to be straddledby the operator and handlebars for steering control.
(1d) Business District. Theterritory prescribed as such by ordinance of the Board of Transportation.
(2) Canceled. Asapplied to drivers' licenses and permits, a declaration that a license orpermit which was issued through error or fraud, or to which G.S. 20‑15(a)(3)applies, is void and terminated.
(2a) Class A MotorVehicle. A combination of motor vehicles that meets either of the followingdescriptions:
a. Has a combined GVWRof at least 26,001 pounds and includes as part of the combination a towed unitthat has a GVWR of at least 10,001 pounds.
b. Has a combined GVWRof less than 26,001 pounds and includes as part of the combination a towed unitthat has a GVWR of at least 10,001 pounds.
(2b) Class B MotorVehicle. Any of the following:
a. A single motorvehicle that has a GVWR of at least 26,001 pounds.
b. A combination ofmotor vehicles that includes as part of the combination a towing unit that hasa GVWR of at least 26,001 pounds and a towed unit that has a GVWR of less than10,001 pounds.
(2c) Class C MotorVehicle. Any of the following:
a. A single motorvehicle not included in Class B.
b. A combination ofmotor vehicles not included in Class A or Class B.
(3) Repealed by SessionLaws 1979, c. 667, s. 1.
(3a) Chemical Analysis. Atest or tests of the breath, blood, or other bodily fluid or substance of aperson to determine the person's alcohol concentration or presence of animpairing substance, performed in accordance with G.S. 20‑139.1,including duplicate or sequential analyses.
(3b) Chemical Analyst. Aperson granted a permit by the Department of Health and Human Services underG.S. 20‑139.1 to perform chemical analyses.
(3c) Commercial DriversLicense (CDL). A license issued by a state to an individual who resides inthe state that authorizes the individual to drive a class of commercial motorvehicle. A "nonresident commercial drivers license (NRCDL)" is issuedby a state to an individual who resides in a foreign jurisdiction.
(3d) Commercial MotorVehicle. Any of the following motor vehicles that are designed or used totransport passengers or property:
a. A Class A motorvehicle that has a combined GVWR of at least 26,001 pounds and includes as partof the combination a towed unit that has a GVWR of at least 10,001 pounds.
b. A Class B motorvehicle.
c. A Class C motorvehicle that meets either of the following descriptions:
1. Is designed totransport 16 or more passengers, including the driver.
2. Is transportinghazardous materials and is required to be placarded in accordance with 49C.F.R. Part 172, Subpart F.
d. Repealed by SessionLaws 1999, c. 330, s. 9, effective December 1, 1999.
(4) Commissioner. TheCommissioner of Motor Vehicles.
(4a) Conviction. Aconviction for an offense committed in North Carolina or another state:
a. In‑State. Whenreferring to an offense committed in North Carolina, the term means any of thefollowing:
1. A final convictionof a criminal offense, including a no contest plea.
2. A determination thata person is responsible for an infraction, including a no contest plea.
3. An unvacatedforfeiture of cash in the full amount of a bond required by Article 26 ofChapter 15A of the General Statutes.
4. A third orsubsequent prayer for judgment continued within any five‑year period.
5. Any prayer forjudgment continued if the offender holds a commercial drivers license or if theoffense occurs in a commercial motor vehicle.
b. Out‑of‑State.When referring to an offense committed outside North Carolina, the term meansany of the following:
1. An unvacatedadjudication of guilt.
2. A determination thata person has violated or failed to comply with the law in a court of originaljurisdiction or an authorized administrative tribunal.
3. An unvacatedforfeiture of bail or collateral deposited to secure the person's appearance incourt.
4. A violation of acondition of release without bail, regardless of whether or not the penalty isrebated, suspended, or probated.
5. A final convictionof a criminal offense, including a no contest plea.
6. (Effective March31, 2010) Any prayer for judgment continued, including any payment of afine or court costs, if the offender holds a commercial drivers license or ifthe offense occurs in a commercial motor vehicle.
(4b) Crash. Any eventthat results in injury or property damage attributable directly to the motionof a motor vehicle or its load. The terms collision, accident, and crash andtheir cognates are synonymous.
(5) Dealer. Everyperson engaged in the business of buying, selling, distributing, or exchangingmotor vehicles, trailers, or semitrailers in this State, and having anestablished place of business in this State.
Theterms "motor vehicle dealer," "new motor vehicle dealer,"and "used motor vehicle dealer" as used in Article 12 of this Chapterhave the meaning set forth in G.S. 20‑286.
(5a) Disqualification. Awithdrawal of the privilege to drive a commercial motor vehicle.
(6) Division. TheDivision of Motor Vehicles acting directly or through its duly authorizedofficers and agents.
(7) Driver. Theoperator of a vehicle, as defined in subdivision (25). The terms"driver" and "operator" and their cognates are synonymous.
(7a) Electric PersonalAssistive Mobility Device. A self‑balancing nontandem two‑wheeleddevice, designed to transport one person, with a propulsion system that limitsthe maximum speed of the device to 15 miles per hour or less.
(7b) (Effective untilMarch 31, 2010) Employer. Any person who owns or leases a commercialmotor vehicle or assigns a person to drive a commercial motor vehicle.
(7b) (Effective March31, 2010) Employer. Any person who owns or leases a commercial motorvehicle or assigns a person to drive a commercial motor vehicle and would besubject to the alcohol and controlled substance testing provisions of 49 C.F.R.§ 382 and also includes any consortium or third‑party administratoradministering the alcohol and controlled substance testing program on behalf ofowner‑operators subject to the provisions of 49 C.F.R. § 382.
(8) Essential Parts. Allintegral and body parts of a vehicle of any type required to be registeredhereunder, the removal, alteration, or substitution of which would tend toconceal the identity of the vehicle or substantially alter its appearance,model, type, or mode of operation.
(9) Established Place ofBusiness. Except as provided in G.S. 20‑286, the place actuallyoccupied by a dealer or manufacturer at which a permanent business ofbargaining, trading, and selling motor vehicles is or will be carried on and atwhich the books, records, and files necessary and incident to the conduct ofthe business of automobile dealers or manufacturers shall be kept andmaintained.
(10) Explosives. Anychemical compound or mechanical mixture that is commonly used or intended forthe purpose of producing an explosion and which contains any oxidizing andcombustive units or other ingredients in such proportions, quantities, orpacking that an ignition by fire, by friction, by concussion, by percussion, orby detonator of any part of the compound or mixture may cause such a suddengeneration of highly heated gases that the resultant gaseous pressures arecapable of producing destructible effects on contiguous objects or ofdestroying life or limb.
(11) Farm Tractor. Everymotor vehicle designed and used primarily as a farm implement for drawingplows, mowing machines, and other implements of husbandry.
(11a) For‑Hire MotorCarrier. A person who transports passengers or property by motor vehicle forcompensation.
(12) Foreign Vehicle. Everyvehicle of a type required to be registered hereunder brought into this Statefrom another state, territory, or country, other than in the ordinary course ofbusiness, by or through a manufacturer or dealer and not registered in thisState.
(12a) Golf Cart. A vehicledesigned and manufactured for operation on a golf course for sporting orrecreational purposes and that is not capable of exceeding speeds of 20 milesper hour.
(12b) Gross Vehicle WeightRating (GVWR). The value specified by the manufacturer as the maximum loadedweight a vehicle is capable of safely hauling. The GVWR of a combination vehicleis the GVWR of the power unit plus the GVWR of the towed unit or units. When avehicle is determined by an enforcement officer to be structurally altered inany way from the manufacturer's original design in an attempt to increase thehauling capacity of the vehicle, the GVWR of that vehicle shall be deemed to bethe greater of the license weight or the total weight of the vehicle orcombination of vehicles for the purpose of enforcing this Chapter. For thepurpose of classification of commercial drivers license and skills testing, themanufacturer's GVWR shall be used.
(12c) Hazardous Materials. Any material that has been designated as hazardous under 49 U.S.C. § 5103 andis required to be placarded under Subpart F of Part 172 of Title 49 of the Codeof Federal Regulations (1 October 2007 Edition), or any quantity of a materiallisted as a select agent or toxin under Part 73 of Title 42 of the Code ofFederal Regulations (1 October 2007 Edition).
(13) Highway. The entirewidth between property or right‑of‑way lines of every way or placeof whatever nature, when any part thereof is open to the use of the public as amatter of right for the purposes of vehicular traffic. The terms"highway" and "street" and their cognates are synonymous.
(14) House Trailer. Anytrailer or semitrailer designed and equipped to provide living or sleepingfacilities and drawn by a motor vehicle.
(14a) Impairing Substance. Alcohol, controlled substance under Chapter 90 of the General Statutes, anyother drug or psychoactive substance capable of impairing a person's physicalor mental faculties, or any combination of these substances.
(15) Implement ofHusbandry. Every vehicle which is designed for agricultural purposes and usedexclusively in the conduct of agricultural operations.
(15a) Inoperable Vehicle. Amotor vehicle that is substantially disassembled and for this reason ismechanically unfit or unsafe to be operated or moved upon a public street,highway, or public vehicular area.
(16) Intersection. Thearea embraced within the prolongation of the lateral curblines or, if none,then the lateral edge of roadway lines of two or more highways which join oneanother at any angle whether or not one such highway crosses the other.
Wherea highway includes two roadways 30 feet or more apart, then every crossing ofeach roadway of such divided highway by an intersecting highway shall beregarded as a separate intersection. In the event that such intersectinghighway also includes two roadways 30 feet or more apart, then every crossingof two roadways of such highways shall be regarded as a separate intersection.
(17) License. Anydriver's license or any other license or permit to operate a motor vehicleissued under or granted by the laws of this State including:
a. Any temporarylicense or learner's permit;
b. The privilege of anyperson to drive a motor vehicle whether or not such person holds a validlicense; and
c. Any nonresident'soperating privilege.
(18) Local Authorities. Everycounty, municipality, or other territorial district with a local board or bodyhaving authority to adopt local police regulations under the Constitution andlaws of this State.
(19) Manufacturer. Everyperson, resident, or nonresident of this State, who manufactures or assemblesmotor vehicles.
(20) Manufacturer'sCertificate. A certification on a form approved by the Division, signed bythe manufacturer, indicating the name of the person or dealer to whom thetherein‑described vehicle is transferred, the date of transfer and that suchvehicle is the first transfer of such vehicle in ordinary trade and commerce.The description of the vehicle shall include the make, model, year, type ofbody, identification number or numbers, and such other information as theDivision may require.
(21) Metal Tire. Everytire the surface of which in contact with the highway is wholly or partly ofmetal or other hard, nonresilient material.
(21a) Moped. A type ofpassenger vehicle as defined in G.S. 105‑164.3.
(21b) Motor Carrier. A for‑hiremotor carrier or a private motor carrier.
(22) Motorcycle. A typeof passenger vehicle as defined in G.S. 20‑4.01(27).
(23) Motor Vehicle. Everyvehicle which is self‑propelled and every vehicle designed to run uponthe highways which is pulled by a self‑propelled vehicle. This shall notinclude mopeds as defined in G.S. 20‑4.01(27)d1.
(24) Nonresident. Anyperson whose legal residence is in some state, territory, or jurisdiction otherthan North Carolina or in a foreign country.
(24a) Offense Involving ImpairedDriving. Any of the following offenses:
a. Impaired drivingunder G.S. 20‑138.1.
b. Any offense setforth under G.S. 20‑141.4 when conviction is based upon impaired drivingor a substantially similar offense under previous law.
c. First or second degreemurder under G.S. 14‑17 or involuntary manslaughter under G.S. 14‑18when conviction is based upon impaired driving or a substantially similaroffense under previous law.
d. An offense committedin another jurisdiction which prohibits substantially similar conductprohibited by the offenses in this subsection.
e. A repealed orsuperseded offense substantially similar to impaired driving, includingoffenses under former G.S. 20‑138 or G.S. 20‑139.
f. Impaired driving ina commercial motor vehicle under G.S. 20‑138.2, except that convictionsof impaired driving under G.S. 20‑138.1 and G.S. 20‑138.2 arisingout of the same transaction shall be considered a single conviction of anoffense involving impaired driving for any purpose under this Chapter.
g. Habitual impaireddriving under G.S. 20‑138.5.
Aconviction under former G.S. 20‑140(c) is not an offense involvingimpaired driving.
(25) Operator. A personin actual physical control of a vehicle which is in motion or which has theengine running. The terms "operator" and "driver" and theircognates are synonymous.
(25a) Out of Service Order. A declaration that a driver, a commercial motor vehicle, or a motor carrieroperation is out‑of‑service.
(26) Owner. A personholding the legal title to a vehicle, or in the event a vehicle is the subjectof a chattel mortgage or an agreement for the conditional sale or lease thereofor other like agreement, with the right of purchase upon performance of theconditions stated in the agreement, and with the immediate right of possessionvested in the mortgagor, conditional vendee or lessee, said mortgagor,conditional vendee or lessee shall be deemed the owner for the purpose of thisChapter. For the purposes of this Chapter, the lessee of a vehicle owned by thegovernment of the United States shall be considered the owner of said vehicle.
(27) Passenger Vehicles.
a. Excursion passengervehicles. Vehicles transporting persons on sight‑seeing or traveltours.
b. For hire passengervehicles. Vehicles transporting persons for compensation. This classificationshall not include vehicles operated as ambulances; vehicles operated by theowner where the costs of operation are shared by the passengers; vehiclesoperated pursuant to a ridesharing arrangement as defined in G.S. 136‑44.21;vehicles transporting students for the public school system under contract withthe State Board of Education or vehicles leased to the United States of Americaor any of its agencies on a nonprofit basis; or vehicles used for human serviceor volunteer transportation.
c. Common carriers ofpassengers. Vehicles operated under a certificate of authority issued by theUtilities Commission for operation on the highways of this State between fixedtermini or over a regular route for the transportation of persons forcompensation.
c1. Child care vehicles. Vehicles under the direction and control of a child care facility, as definedin G.S. 110‑86(3), and driven by an owner, employee, or agent of thechild care facility for the primary purpose of transporting children to andfrom the child care facility, or to and from a place for participation in anevent or activity in connection with the child care facility.
d. Motorcycles. Vehicleshaving a saddle for the use of the rider and designed to travel on not morethan three wheels in contact with the ground, including motor scooters andmotor‑driven bicycles, but excluding tractors and utility vehiclesequipped with an additional form of device designed to transport property,three‑wheeled vehicles while being used by law‑enforcement agenciesand mopeds as defined in subdivision d1 of this subsection.
d1. Moped. Defined inG.S. 105‑164.3.
d2. Motor home or housecar. A vehicular unit, designed to provide temporary living quarters, builtinto as an integral part, or permanently attached to, a self‑propelledmotor vehicle chassis or van. The vehicle must provide at least four of thefollowing facilities: cooking, refrigeration or icebox, self‑containedtoilet, heating or air conditioning, a portable water supply system including afaucet and sink, separate 110‑125 volt electrical power supply, or an LPgas supply.
d3. School activity bus. A vehicle, generally painted a different color from a school bus, whoseprimary purpose is to transport school students and others to or from a placefor participation in an event other than regular classroom work. The termincludes a public, private, or parochial vehicle that meets this description.
d4. School bus. Avehicle whose primary purpose is to transport school students over anestablished route to and from school for the regularly scheduled school day,that is equipped with alternately flashing red lights on the front and rear anda mechanical stop signal, that is painted primarily yellow below the roofline,and that bears the plainly visible words "School Bus" on the frontand rear. The term includes a public, private, or parochial vehicle that meetsthis description.
e. U‑drive‑itpassenger vehicles. Passenger vehicles included in the definition of U‑drive‑itvehicles set forth in this section.
f. Ambulances. Vehiclesequipped for transporting wounded, injured, or sick persons.
g. Private passengervehicles. All other passenger vehicles not included in the above definitions.
h. Low‑speed vehicle.A four‑wheeled electric vehicle whose top speed is greater than 20 milesper hour but less than 25 miles per hour.
(28) Person. Everyindividual, firm, partnership, association, corporation, governmental agency,or combination thereof of whatsoever form or character.
(29) Pneumatic Tire. Everytire in which compressed air is designed to support the load.
(29a) Private Motor Carrier. A person who transports passengers or property by motor vehicle in interstatecommerce and is not a for‑hire motor carrier.
(30) Private Road orDriveway. Every road or driveway not open to the use of the public as amatter of right for the purpose of vehicular traffic.
(31) Property‑HaulingVehicles.
a. Vehicles used forthe transportation of property.
b., c. Repealed bySession Laws 1995 (Regular Session, 1996), c. 756, s. 4.
d. Semitrailers. Vehicleswithout motive power designed for carrying property or persons and for beingdrawn by a motor vehicle, and so constructed that part of their weight or theirload rests upon or is carried by the pulling vehicle.
e. Trailers. Vehicleswithout motive power designed for carrying property or persons wholly on theirown structure and to be drawn by a motor vehicle, including "poletrailers" or a pair of wheels used primarily to balance a load rather thanfor purposes of transportation.
f. Repealed by SessionLaws 1995 (Regular Session, 1996), c. 756, s. 4.
(31a) Provisional Licensee. A person under the age of 18 years.
(32) Public VehicularArea. Any area within the State of North Carolina that meets one or more ofthe following requirements:
a. The area is used bythe public for vehicular traffic at any time, including by way of illustrationand not limitation any drive, driveway, road, roadway, street, alley, or parkinglot upon the grounds and premises of any of the following:
1. Any public orprivate hospital, college, university, school, orphanage, church, or any of theinstitutions, parks or other facilities maintained and supported by the Stateof North Carolina or any of its subdivisions.
2. Any service station,drive‑in theater, supermarket, store, restaurant, or office building, orany other business, residential, or municipal establishment providing parkingspace whether the business or establishment is open or closed.
3. Any property ownedby the United States and subject to the jurisdiction of the State of NorthCarolina. (The inclusion of property owned by the United States in thisdefinition shall not limit assimilation of North Carolina law when applicableunder the provisions of Title 18, United States Code, section 13).
b. The area is a beacharea used by the public for vehicular traffic.
c. The area is a roadused by vehicular traffic within or leading to a gated or non‑gatedsubdivision or community, whether or not the subdivision or community roadshave been offered for dedication to the public.
d. The area is aportion of private property used by vehicular traffic and designated by theprivate property owner as a public vehicular area in accordance with G.S. 20‑219.4.
(32a) Recreational Vehicle. A vehicular type unit primarily designed as temporary living quarters forrecreational, camping, or travel use that either has its own motive power or ismounted on, or towed by, another vehicle. The basic entities are campingtrailer, fifth‑wheel travel trailer, motor home, travel trailer, andtruck camper.
a. Motor home. Asdefined in G.S. 20‑4.01(27)d2.
b. Travel trailer. Avehicular unit mounted on wheels, designed to provide temporary living quartersfor recreational, camping, or travel use, and of a size or weight that does notrequire a special highway movement permit when towed by a motorized vehicle.
c. Fifth‑wheeltrailer. A vehicular unit mounted on wheels designed to provide temporaryliving quarters for recreational, camping, or travel use, of a size and weightthat does not require a special highway movement permit and designed to betowed by a motorized vehicle that contains a towing mechanism that is mountedabove or forward of the tow vehicle's rear axle.
d. Camping trailer. Avehicular portable unit mounted on wheels and constructed with collapsiblepartial side walls that fold for towing by another vehicle and unfold at thecampsite to provide temporary living quarters for recreational, camping, ortravel use.
e. Truck camper. Aportable unit that is constructed to provide temporary living quarters forrecreational, camping, or travel use, consisting of a roof, floor, and sidesand is designed to be loaded onto and unloaded from the bed of a pickup truck.
(32b) Regular DriversLicense. A license to drive a commercial motor vehicle that is exempt fromthe commercial drivers license requirements or a noncommercial motor vehicle.
(33) a. FloodVehicle. A motor vehicle that has been submerged or partially submerged inwater to the extent that damage to the body, engine, transmission, ordifferential has occurred.
b. Non‑U.S.A.Vehicle. A motor vehicle manufactured outside of the United States and notintended by the manufacturer for sale in the United States.
c. ReconstructedVehicle. A motor vehicle of a type required to be registered hereunder thathas been materially altered from original construction due to removal, additionor substitution of new or used essential parts; and includes glider kits andcustom assembled vehicles.
d. Salvage MotorVehicle. Any motor vehicle damaged by collision or other occurrence to theextent that the cost of repairs to the vehicle and rendering the vehicle safefor use on the public streets and highways would exceed seventy‑fivepercent (75%) of its fair retail market value, whether or not the motor vehiclehas been declared a total loss by an insurer. Repairs shall include the cost ofparts and labor. Fair market retail values shall be as found in the NADAPricing Guide Book or other publications approved by the Commissioner.
e. Salvage RebuiltVehicle. A salvage vehicle that has been rebuilt for title and registration.
f. Junk Vehicle. Amotor vehicle which is incapable of operation or use upon the highways and hasno resale value except as a source of parts or scrap, and shall not be titledor registered.
(33a) Relevant Time afterthe Driving. Any time after the driving in which the driver still has in hisbody alcohol consumed before or during the driving.
(33b) Reportable Crash. Acrash involving a motor vehicle that results in one or more of the following:
a. Death or injury of ahuman being.
b. Total propertydamage of one thousand dollars ($1,000) or more, or property damage of any amountto a vehicle seized pursuant to G. S. 20‑28.3.
(33c) Reserve components ofthe Armed Forces of the United States. The organizations listed in Title 10United States Code, section 10101, which specifically includes the Army and AirNational Guard.
(34) Resident. Anyperson who resides within this State for other than a temporary or transitorypurpose for more than six months shall be presumed to be a resident of thisState; but absence from the State for more than six months shall raise nopresumption that the person is not a resident of this State.
(35) Residential District. The territory prescribed as such by ordinance of the Department ofTransportation.
(36) Revocation orSuspension. Termination of a licensee's or permittee's privilege to drive ortermination of the registration of a vehicle for a period of time stated in anorder of revocation or suspension. The terms "revocation" or"suspension" or a combination of both terms shall be usedsynonymously.
(37) Road Tractors. Vehiclesdesigned and used for drawing other vehicles upon the highway and not soconstructed as to carry any part of the load, either independently or as a partof the weight of the vehicle so drawn.
(38) Roadway. Thatportion of a highway improved, designed, or ordinarily used for vehiculartravel, exclusive of the shoulder. In the event a highway includes two or moreseparate roadways the term "roadway" as used herein shall refer toany such roadway separately but not to all such roadways collectively.
(39) Safety Zone. Trafficisland or other space officially set aside within a highway for the exclusiveuse of pedestrians and which is so plainly marked or indicated by proper signsas to be plainly visible at all times while set apart as a safety zone.
(40) Security Agreement. Written agreement which reserves or creates a security interest.
(41) Security Interest. Aninterest in a vehicle reserved or created by agreement and which securespayments or performance of an obligation. The term includes but is not limitedto the interest of a chattel mortgagee, the interest of a vendor under aconditional sales contract, the interest of a trustee under a chattel deed oftrust, and the interest of a lessor under a lease intended as security. Asecurity interest is "perfected" when it is valid against thirdparties generally.
(41a) Serious TrafficViolation. A conviction of one of the following offenses when operating acommercial or other motor vehicle:
a. Excessive speeding,involving a single charge of any speed 15 miles per hour or more above theposted speed limit.
b. Careless andreckless driving.
c. A violation of anyState or local law relating to motor vehicle traffic control, other than aparking violation, arising in connection with a fatal accident.
d. Improper or erraticlane changes.
e. Following thevehicle ahead too closely.
f. Driving acommercial motor vehicle without obtaining a commercial drivers license.
g. Driving a commercialmotor vehicle without a commercial drivers license in the driver's possession.
h. Driving a commercialmotor vehicle without the proper class of commercial drivers license orendorsements for the specific vehicle group being operated or for the passengeror type of cargo being transported.
(42) Solid Tire. Everytire of rubber or other resilient material which does not depend uponcompressed air for the support of the load.
(43) Specially ConstructedVehicles. Motor vehicles required to be registered under this Chapter andthat fit within one of the following categories:
a. Replica vehicle. Avehicle, excluding motorcycles, that when assembled replicates an earlier year,make, and model vehicle.
b. Street rod vehicle. A vehicle, excluding motorcycles, manufactured prior to 1949 that has beenmaterially altered or has a body constructed from nonoriginal materials.
c. Custom‑builtvehicle. A vehicle, including motorcycles, reconstructed or assembled by anonmanufacturer from new or used parts that has an exterior that does notreplicate or resemble any other manufactured vehicle. This category alsoincludes any motorcycle that was originally sold unassembled and manufacturedfrom a kit or that has been materially altered or that has a body constructedfrom nonoriginal materials.
(44) Special MobileEquipment. Defined in G.S. 105‑164.3.
(44a) Specialty Vehicles. Vehiclesof a type required to be registered under this Chapter that are modified fromtheir original construction for an educational, emergency services, or publicsafety use.
(45) State. A state,territory, or possession of the United States, District of Columbia,Commonwealth of Puerto Rico, a province of Canada, or the Sovereign Nation ofthe Eastern Band of the Cherokee Indians with tribal lands, as defined in 18U.S.C. § 1151, located within the boundaries of the State of North Carolina.For provisions in this Chapter that apply to commercial drivers licenses,"state" means a state of the United States and the District ofColumbia.
(46) Street. A highway,as defined in subdivision (13). The terms "highway" and"street" and their cognates are synonymous.
(47) Suspension. Terminationof a licensee's or permittee's privilege to drive or termination of theregistration of a vehicle for a period of time stated in an order of revocationor suspension. The terms "revocation" or "suspension" or acombination of both terms shall be used synonymously.
(48) Truck Tractors. Vehiclesdesigned and used primarily for drawing other vehicles and not so constructedas to carry any load independent of the vehicle so drawn.
(48a) U‑drive‑itvehicles. The following vehicles that are rented to a person, to be operatedby that person:
a. A private passengervehicle other than the following:
1. A private passengervehicle of nine‑passenger capacity or less that is rented for a term ofone year or more.
2. A private passengervehicle that is rented to public school authorities for driver‑traininginstruction.
b. A property‑haulingvehicle under 7,000 pounds that does not haul products for hire and that isrented for a term of less than one year.
c. Motorcycles.
(48b) Under the Influence ofan Impairing Substance. The state of a person having his physical or mentalfaculties, or both, appreciably impaired by an impairing substance.
(48c) Utility Vehicle. Vehicledesigned and manufactured for general maintenance, security, recreational, andlandscaping purposes, but does not include vehicles designed and used primarilyfor the transportation of persons or property on a street or highway.
(49) Vehicle. Everydevice in, upon, or by which any person or property is or may be transported ordrawn upon a highway, excepting devices moved by human power or usedexclusively upon fixed rails or tracks; provided, that for the purposes of thisChapter bicycles shall be deemed vehicles and every rider of a bicycle upon ahighway shall be subject to the provisions of this Chapter applicable to thedriver of a vehicle except those which by their nature can have no application.This term shall not include a device which is designed for and intended to beused as a means of transportation for a person with a mobility impairment, orwho uses the device for mobility enhancement, is suitable for use both insideand outside a building, including on sidewalks, and is limited by design to 15miles per hour when the device is being operated by a person with a mobilityimpairment, or who uses the device for mobility enhancement. This term shallnot include an electric personal assistive mobility device as defined in G.S.20‑4.01(7a).
(50) Wreckers. Vehicleswith permanently attached cranes used to move other vehicles; provided, thatsaid wreckers shall be equipped with adequate brakes for units being towed. (1973, c. 1330, s. 1; 1975,cc. 94, 208; c. 716, s. 5; c. 743; c. 859, s. 1; 1977, c. 313; c. 464, s. 34;1979, c. 39; c. 423, s. 1; c. 574, ss. 1‑4; c. 667, s. 1; c. 680; 1981,c. 606, s. 3; c. 792, s. 2; 1983, c. 435, s. 8; 1983 (Reg. Sess., 1984), c.1101, ss. 1‑3; 1985, c. 509, s. 6; 1987, c. 607, s. 2; c. 658, s. 1; 1987(Reg. Sess., 1988), c. 1069; c. 1105, s. 1; c. 1112, ss. 1‑3; 1989, c.455, ss. 1, 2; c. 727, s. 219(1); c. 771, ss. 1, 18; 1991, c. 449, s. 2; c.726, ss. 1‑4; 1991 (Reg. Sess., 1992), c. 1015, s. 1; 1993 (Reg. Sess.,1994), c. 761, s. 22; 1995, c. 191, s. 1; 1995 (Reg. Sess., 1996), c. 756, ss.2‑4; 1997‑379, s. 5.1; 1997‑443, s. 11A.8; 1997‑456, s.27; 1998‑149, s. 1; 1998‑182, ss. 1, 1.1, 26; 1998‑217, s.62(e); 1999‑330, s. 9; 1999‑337, s. 28(c)‑(e); 1999‑406,s. 14; 1999‑452, ss. 1‑5; 2000‑155, s. 9; 2000‑173, s.10(c); 2001‑212, s. 2; 2001‑341, ss. 1, 2; 2001‑356, ss. 1,2; 2001‑441, s. 1; 2001‑487, ss. 50(a), 51; 2002‑72, s.19(b); 2002‑98, ss. 1‑3; 2003‑397, s. 1; 2005‑282, s. 1; 2005‑349, ss. 1‑3;2006‑253, s. 8; 2007‑56, s. 4; 2007‑382, ss. 2, 3; 2007‑455,s. 1; 2007‑493, s. 1; 2008‑156, s. 1; 2009‑274, s. 1; 2009‑405,ss. 1, 4; 2009‑416, ss. 1, 2.)
