§14‑401.4. Identifying marks on machines and apparatus; application toDivision of Motor Vehicles for numbers.
(a) No person, firm orcorporation shall willfully remove, deface, destroy, alter or cover over themanufacturer's serial or engine number or any other manufacturer's number orother distinguishing number or identification mark upon any machine or otherapparatus, including but not limited to farm equipment, machinery andapparatus, but excluding electric storage batteries, nor shall any person, firmor corporation place or stamp any serial, engine, or other number or mark uponsuch machinery, apparatus or equipment except as provided for in this section,nor shall any person, firm or corporation purchase or take into possession orsell, trade, transfer, devise, give away or in any manner dispose of suchmachinery, apparatus, or equipment except by intestate succession or as junk orscrap after the manufacturer's serial or engine number or mark has beenwillfully removed, defaced, destroyed, altered or covered up unless a newnumber or mark has been added as provided in this section: Provided, however,that this section shall not prohibit or prevent the owner or holder of amortgage, conditional sales contract, title retaining contract, or a trusteeunder a deed of trust from taking possession for the purpose of foreclosureunder a power of sale or by court order, of such machinery, apparatus, orequipment, or from selling the same by foreclosure sale under a power containedin a mortgage, conditional sales contract, title retaining contract, deed oftrust, or court order; or from taking possession thereof in satisfaction of theindebtedness secured by the mortgage, deed of trust, conditional salescontract, or title retaining contract pursuant to an agreement with the owner.
(b) Each seller of farmmachinery, farm equipment or farm apparatus covered by this section shall givethe purchaser a bill of sale for such machinery, equipment or apparatus andshall include in the bill of sale the manufacturer's serial number ordistinguishing number or identification mark, which the seller warrants to betrue and correct according to his invoice or bill of sale as received from hismanufacturer, supplier, or distributor or dealer.
(c) Each user of farmmachinery, farm equipment or farm apparatus whose manufacturer's serial number,distinguishing number or identification mark has been obliterated or is nowunrecognizable, may obtain a valid identification number for any suchmachinery, equipment or apparatus upon application for such number to theDivision of Motor Vehicles accompanied by satisfactory proof of ownership and asubsequent certification to the Division by a member of the North CarolinaHighway Patrol that said applicant has placed the number on the propermachinery, equipment or apparatus. The Division of Motor Vehicles is herebyauthorized and empowered to issue appropriate identification marks ordistinguishing numbers for machinery, equipment or apparatus upon applicationas provided in this section and the Division is further authorized andempowered to designate the place or places on the machinery, equipment orapparatus at which the identification marks or distinguishing numbers shall beplaced. The Division is also authorized to designate the method to be used inplacing the identification marks or distinguishing numbers on the machinery,equipment or apparatus: Provided, however, that the owner or holder of themortgage conditional sales contract, title retaining contract, or trustee undera deed of trust in possession of such encumbered machinery, equipment, orapparatus from which the manufacturer's serial or engine number or othermanufacturer's number or distinguishing mark has been obliterated or has becomeunrecognizable or the purchaser at the foreclosure sale thereof, may at anytime obtain a valid identification number for any such machinery, equipment orapparatus upon application therefor to the Division of Motor Vehicles.
(d) Any person, firm orcorporation who shall violate any part of this section shall be guilty of aClass 1 misdemeanor. (1949, c. 928; 1951, c. 1110 s. 1; 1953, c. 257; 1975,c. 716, s. 5; 1993, c. 539, s. 274; 1994, Ex. Sess., c. 24, s. 14(c).)
§14‑401.4. Identifying marks on machines and apparatus; application toDivision of Motor Vehicles for numbers.
(a) No person, firm orcorporation shall willfully remove, deface, destroy, alter or cover over themanufacturer's serial or engine number or any other manufacturer's number orother distinguishing number or identification mark upon any machine or otherapparatus, including but not limited to farm equipment, machinery andapparatus, but excluding electric storage batteries, nor shall any person, firmor corporation place or stamp any serial, engine, or other number or mark uponsuch machinery, apparatus or equipment except as provided for in this section,nor shall any person, firm or corporation purchase or take into possession orsell, trade, transfer, devise, give away or in any manner dispose of suchmachinery, apparatus, or equipment except by intestate succession or as junk orscrap after the manufacturer's serial or engine number or mark has beenwillfully removed, defaced, destroyed, altered or covered up unless a newnumber or mark has been added as provided in this section: Provided, however,that this section shall not prohibit or prevent the owner or holder of amortgage, conditional sales contract, title retaining contract, or a trusteeunder a deed of trust from taking possession for the purpose of foreclosureunder a power of sale or by court order, of such machinery, apparatus, orequipment, or from selling the same by foreclosure sale under a power containedin a mortgage, conditional sales contract, title retaining contract, deed oftrust, or court order; or from taking possession thereof in satisfaction of theindebtedness secured by the mortgage, deed of trust, conditional salescontract, or title retaining contract pursuant to an agreement with the owner.
(b) Each seller of farmmachinery, farm equipment or farm apparatus covered by this section shall givethe purchaser a bill of sale for such machinery, equipment or apparatus andshall include in the bill of sale the manufacturer's serial number ordistinguishing number or identification mark, which the seller warrants to betrue and correct according to his invoice or bill of sale as received from hismanufacturer, supplier, or distributor or dealer.
(c) Each user of farmmachinery, farm equipment or farm apparatus whose manufacturer's serial number,distinguishing number or identification mark has been obliterated or is nowunrecognizable, may obtain a valid identification number for any suchmachinery, equipment or apparatus upon application for such number to theDivision of Motor Vehicles accompanied by satisfactory proof of ownership and asubsequent certification to the Division by a member of the North CarolinaHighway Patrol that said applicant has placed the number on the propermachinery, equipment or apparatus. The Division of Motor Vehicles is herebyauthorized and empowered to issue appropriate identification marks ordistinguishing numbers for machinery, equipment or apparatus upon applicationas provided in this section and the Division is further authorized andempowered to designate the place or places on the machinery, equipment orapparatus at which the identification marks or distinguishing numbers shall beplaced. The Division is also authorized to designate the method to be used inplacing the identification marks or distinguishing numbers on the machinery,equipment or apparatus: Provided, however, that the owner or holder of themortgage conditional sales contract, title retaining contract, or trustee undera deed of trust in possession of such encumbered machinery, equipment, orapparatus from which the manufacturer's serial or engine number or othermanufacturer's number or distinguishing mark has been obliterated or has becomeunrecognizable or the purchaser at the foreclosure sale thereof, may at anytime obtain a valid identification number for any such machinery, equipment orapparatus upon application therefor to the Division of Motor Vehicles.
(d) Any person, firm orcorporation who shall violate any part of this section shall be guilty of aClass 1 misdemeanor. (1949, c. 928; 1951, c. 1110 s. 1; 1953, c. 257; 1975,c. 716, s. 5; 1993, c. 539, s. 274; 1994, Ex. Sess., c. 24, s. 14(c).)
§14‑401.4. Identifying marks on machines and apparatus; application toDivision of Motor Vehicles for numbers.
(a) No person, firm orcorporation shall willfully remove, deface, destroy, alter or cover over themanufacturer's serial or engine number or any other manufacturer's number orother distinguishing number or identification mark upon any machine or otherapparatus, including but not limited to farm equipment, machinery andapparatus, but excluding electric storage batteries, nor shall any person, firmor corporation place or stamp any serial, engine, or other number or mark uponsuch machinery, apparatus or equipment except as provided for in this section,nor shall any person, firm or corporation purchase or take into possession orsell, trade, transfer, devise, give away or in any manner dispose of suchmachinery, apparatus, or equipment except by intestate succession or as junk orscrap after the manufacturer's serial or engine number or mark has beenwillfully removed, defaced, destroyed, altered or covered up unless a newnumber or mark has been added as provided in this section: Provided, however,that this section shall not prohibit or prevent the owner or holder of amortgage, conditional sales contract, title retaining contract, or a trusteeunder a deed of trust from taking possession for the purpose of foreclosureunder a power of sale or by court order, of such machinery, apparatus, orequipment, or from selling the same by foreclosure sale under a power containedin a mortgage, conditional sales contract, title retaining contract, deed oftrust, or court order; or from taking possession thereof in satisfaction of theindebtedness secured by the mortgage, deed of trust, conditional salescontract, or title retaining contract pursuant to an agreement with the owner.
(b) Each seller of farmmachinery, farm equipment or farm apparatus covered by this section shall givethe purchaser a bill of sale for such machinery, equipment or apparatus andshall include in the bill of sale the manufacturer's serial number ordistinguishing number or identification mark, which the seller warrants to betrue and correct according to his invoice or bill of sale as received from hismanufacturer, supplier, or distributor or dealer.
(c) Each user of farmmachinery, farm equipment or farm apparatus whose manufacturer's serial number,distinguishing number or identification mark has been obliterated or is nowunrecognizable, may obtain a valid identification number for any suchmachinery, equipment or apparatus upon application for such number to theDivision of Motor Vehicles accompanied by satisfactory proof of ownership and asubsequent certification to the Division by a member of the North CarolinaHighway Patrol that said applicant has placed the number on the propermachinery, equipment or apparatus. The Division of Motor Vehicles is herebyauthorized and empowered to issue appropriate identification marks ordistinguishing numbers for machinery, equipment or apparatus upon applicationas provided in this section and the Division is further authorized andempowered to designate the place or places on the machinery, equipment orapparatus at which the identification marks or distinguishing numbers shall beplaced. The Division is also authorized to designate the method to be used inplacing the identification marks or distinguishing numbers on the machinery,equipment or apparatus: Provided, however, that the owner or holder of themortgage conditional sales contract, title retaining contract, or trustee undera deed of trust in possession of such encumbered machinery, equipment, orapparatus from which the manufacturer's serial or engine number or othermanufacturer's number or distinguishing mark has been obliterated or has becomeunrecognizable or the purchaser at the foreclosure sale thereof, may at anytime obtain a valid identification number for any such machinery, equipment orapparatus upon application therefor to the Division of Motor Vehicles.
(d) Any person, firm orcorporation who shall violate any part of this section shall be guilty of aClass 1 misdemeanor. (1949, c. 928; 1951, c. 1110 s. 1; 1953, c. 257; 1975,c. 716, s. 5; 1993, c. 539, s. 274; 1994, Ex. Sess., c. 24, s. 14(c).)
