§ 20-39. Administering and enforcing laws; rules and regulations; agents, etc.; seal; fees.
Part 2. Authority and Duties ofCommissioner and Division.
§ 20‑39. Administeringand enforcing laws; rules and regulations; agents, etc.; seal; fees.
(a) The Commissioner ishereby vested with the power and is charged with the duty of administering andenforcing the provisions of this Article and of all laws regulating theoperation of vehicles or the use of the highways, the enforcement oradministration of which is now or hereafter vested in the Division.
(b) The Commissioner ishereby authorized to adopt and enforce such rules and regulations as may benecessary to carry out the provisions of this Article and any other laws theenforcement and administration of which are vested in the Division.
(c) The Commissioner isauthorized to designate and appoint such agents, field deputies, and clerks asmay be necessary to carry out the provisions of this Article.
(d) The Commissionershall adopt an official seal for the use of the Division.
(e) The Commissioner isauthorized to cooperate with and provide assistance to the EnvironmentalManagement Commission, or appropriate local government officials, and todevelop, adopt, and ensure enforcement of necessary rules and regulations,regarding programs of motor vehicle emissions inspection/maintenance requiredfor areas in which ambient air pollutant concentrations exceed National AmbientAir Quality Standards.
(f) The Commissioneris authorized to charge and collect the following fees for the verification ofequipment to be used on motor vehicles or to be sold in North Carolina, whenthat approval is required pursuant to this Chapter:
(1) When a federalstandard has been established, the fee shall be equal to the cost of verifyingcompliance with the applicable federal standard; or
(2) When no federalstandard has been established, the fee shall be equal to the cost of verifyingcompliance with the applicable State standard. Any motor vehicle manufactureror distributor who is required to certify his products under the NationalTraffic and Motor Vehicle Safety Act of 1966, as from time to time amended, maysatisfy the provisions of this section by submitting an annual writtencertification to the Commissioner attesting to the compliance of his vehicleswith applicable federal requirements. Failure to comply with the certificationrequirement or failure to meet the federal standards will subject themanufacturer or distributor to the fee requirements of this subsection.
(g), (h) Repealed bySession Laws 2001‑424, s. 6.14(e).
(i) Notwithstandingthe requirements of G.S. 20‑7.1 and G.S. 20‑67(a), the Commissionermay correct the address records of drivers license and registration plateholders as shown in the files of the Division to that shown on notices andrenewal cards returned to the Division with new addresses provided by theUnited States Postal Service. (1937, c. 407, s. 4; 1975, c. 716, s. 5; 1979, 2ndSess., c. 1180, s. 1; 1983, c. 223; c. 629, s. 2; c. 768, ss. 25.1, 25.2; 1985,c. 767, ss. 1, 2; 1987, c. 552; 1991, c. 53, s. 1; c. 654, s. 1; 1993, c. 539,s. 328; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 507, s. 6.2(b); 1996, 2ndEx. Sess., c. 18, s. 23(a); 1997‑256, s. 8; 1997‑347, s. 4; 1997‑401,s. 4; 1997‑418, s. 3; 1997‑443, s. 20.10(a), (b); 2001‑424,ss. 6.14(e), 6.14(f).)