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Legislative Watch

North Carolina


10/15/02-Lawmakers and the governor have approved legislation to create a toll road and bridge authority. Signed by the governor Oct. 3, HB644 establishes the North Carolina Turnpike Authority (NCTA) and specifies its responsibilities and limitations.

In addition to giving the NCTA's board the authority to study, plan, develop, design, establish, purchase, construct, operate and maintain three turnpike projects, the new law prohibits the board from converting any part of the non-tolled highway system to a toll facility. Additionally, the law requires the North Carolina Department of Transportation to maintain an existing, alternate, comparable non-toll route corresponding to each turnpike project constructed by the NCTA.

The legislature also has indefinitely postponed HB1735, which would have abolished the Department of Motor Vehicle's enforcement section and transferred its functions to the State Highway Patrol.

For bill status, call (919) 733-7779, or visit www.ncleg.net. The session ends Dec. 7.

6/14/02-The Division of Motor Vehicles enforcement section would be abolished and its functions taken over by the state Highway Patrol under a bill filed June 13, according to The News & Observer.

The bill, sponsored by Rep. Wilma Sherrill (R-Buncombe), turns over the duties of trucking enforcement, car air emission inspections and security at rest stops to the Highway Patrol.

Sherrill headed the DMV in the early 1990s and told the newspaper the move would better serve people and likely save money.

The Raleigh newspaper's report said that although DMV critics have called for moving the law enforcement responsibilities from the agency for years, the proposal has been given new life by an evolving scandal involving allegations of ticket fixing and bribery. The allegations are currently under investigation by a federal grand jury.

For bill status information, call (614) 466-8842.

7/31/01-The House's attempt to change the worker's compensation status of owner-operators has been stalled in the Senate Committee on Commerce since April 25. HB1088 could amend North Carolina's Worker's Compensation Act to decide coverage solely on whether the owner-operator meets the common law tests. The ICC or DOT license would no longer be the test. For bill status information, call the North Carolina General Assembly at (919) 733-7779. The legislative session has no set ending date.

4/24/01 - At the request of the North Carolina Trucking Association, state Sen. David Hoyle is sponsoring a bill to lower the truck speed limit to 65 mph, splitting speed limits on North Carolina's interstates 40 and 85.
NCTA President Charles Diehl admitted to the Durham Herald-Sun that split speed limits are dangerous, but said 80,000-pound trucks should not go more than 65 mph. Filed on Feb. 28, 2001, SB273 was referred March 1 to the Committee on Judiciary where in the near future, lawmakers will hash over its merits.
Sen. Hoyle's office number is (919) 733-5734, and his e-mail address is Davidh@ncleg.net.
Additionally, two proposals filed at the North Carolina Legislature would order the Tar Heel State to create and convert some existing roads into toll roads. SB474 would install tollbooths along Interstate 95 at the South Carolina and Virginia borders, while HB644 could create a state Turnpike Authority that would have powers to build toll roads and collect fees from drivers who use them.
According to SB474 supporters, installing tollbooths on Interstate 95 would help pay for improvements and expansion of the major north-south highway. Mostly truckdrivers and out-of-state motorists would be required to pay the toll, which could be as much as $10. Sen. Larry Shaw, who introduced the bill, said the booths would be installed near the Virginia and South Carolina borders.
Jim Johnston, OOIDA president, says the bill discriminates against interstate commerce. "If it became a law our organization would review all available legal remedies," says Johnston. "Putting up booths at the borders penalizes out-of-state drivers while residents of the state end up not paying for the improvements and expansion."
Johnston is concerned about the precedence the law would create and the safety concerns. "Every state wants more revenue. Other states will copy this proposal if it is deemed a success. In addition, traffic congestion from the tollbooths would create fresh roadblocks at each end of the state, making the roadway a hazard. Somebody will die to pay for those tollbooths."
SB474 was referred April 4 to the Senate Finance Committee, and HB644 went to the Transportation Committee in mid March. The bill status number for the North Carolina General Assembly is (919) 733-7779. The legislative session has no set ending date.

3/21/01-Two proposals filed at the North Carolina Legislature would order the Tar Heel state to create and convert some existing roads into toll roads. The revenue will be used to build more highways to relieve congestion.
One bill, SB474, would install tollbooths along Interstate 95 at the South Carolina and Virginia borders. The second (HB644), which has the interest of state transportation officials, would create a state Turnpike Authority that would have powers to build toll roads and collect fees from drivers who use them.
"We're just trying to get some roads built so you don't have a traffic jam every time you're going into Raleigh," Rep. Jim Crawford of Granville, co-chairman of the House appropriations transportation subcommittee who filed the turnpike authority bill, told The Charlotte Observer.
North Carolina is one of a dozen states that don't have public or private toll roads.
According to the newspaper, delays in the state's road-building program could help the turnpike idea get more votes in the House.
Twenty-five to 30 private toll road proposals have been sent to the state Transportation Department, Deputy Transportation Secretary David King told The Observer.
A legislative study commission looking at transportation finance issues in January recommended for the General Assembly to continue studying toll roads.
A majority on the panel also favored increasing drivers' license and vehicle registration fees and increasing the fuel tax by 2 cents per gallon to generate an additional $450 million annually for road maintenance and construction.
The bill status number for the North Carolina General Assembly is (919) 733-7779.

3/16/01 - At the request of the North Carolina Trucking Association, state Sen. David Hoyle (D-Gastonia) is sponsoring a bill to lower the truck speed limit to 65 mph, splitting speed limits on North Carolina's interstates 40 and 85.

NCTA President Charles Diehl admitted to the Durham Herald-Sun that split speed limits are dangerous, but 80,000-pound trucks should not go more than 65 mph. Filed on Feb. 28, 2001, SB273 was referred to the Committee on Judiciary Mar. 1 where in the near future, lawmakers will hash over its merits.

Meanwhile, Diehl told the Herald-Sun that one positive aspect of the bill is that slower speeds would improve trucking's negative image by lowering the number of fatal crashes. Todd Spencer, vice president of Owner-Operator Independent Drivers Association, called that idea outrageous. "Any trucker that drivers for or leases to a member of NCTA ought to be in his boss's office asking if the company supports this nonsense. If the answer is 'yes,' then tell them to start the hourly pay now or find someone else to haul the freight and put money in the boss's pocket."