It began more than 18 months ago, and most of us thought the battles had been fought and new regulations put in place, but apparently some misunderstandings still exist regarding towing boats in North Carolina. I don’t claim to be an expert on this, but I diligently followed the legislation as it worked its way through the state legislature during the short session in the summer of 2008.
Near the end of the year and at the first few boat and fishing shows, several readers stopped to ask about trailering laws and when the changes would go into effect. From what they told me, they were getting incorrect information from several state agencies, some from rules in place before the new legislation passed.
One gentleman said he was in the middle of taking the Class A Drivers License Exam when one of the license examiners asked him why he was there. When he said he was getting a Class A License to pull his boat, the examiner told him it was no longer necessary unless his total rig weighed in excess of 26,000 pounds. Another examiner disagreed and said that hadn’t changed. After some discussion and a couple of phone calls, they finally agreed it had changed in December. However, that wasn’t correct, either; the drivers license requirement changes were part of a Session Law that went into effect last Sept. 1.
After hearing several stories of this general nature and receiving several requests to prepare a summary on the trailering changes that were passed last summer, I agreed to compile an update of the current laws for trailering a private, non-commercial boat. All this information is reflected on the state agencies websites, but sometimes can be a little difficult to find.
The site I used for a primary reference was the highway patrol site. The highway patrol prepared a PowerPoint presentation for its public meeting at UNC-Wilmington last April, and they have updated it with the new regulations. Pay attention as you review this. It contains both private, non-commercial information and commercial information and can be a little confusing if you don’t realize the difference.
I would suggest visiting the highway patrol site at www.nccrimecon-trol.org/shp and reviewing this presentation. Once the site opens, go to the link on the left side titled “Boat Transportation Laws.” Opening this will give access to the PowerPoint presentation.
Several pieces of legislation were proposed on behalf of boaters during the short session, but only two stayed active and were ratified by both houses. One (SB 1695) was heavily gutted but passed initially and was signed by then-Gov. Mike Easley. Easley vetoed the other (HB 2167), but was required to reconvene the legislature, which overrode his veto. Most folks are aware of HB 2167, because it was the first time a governor in North Carolina had a veto overturned. HB 2167 became effective immediately when the veto was overridden, and SB 1695 became effective on Sept. 1.
HB 2167, which became Session Law 2008-229, contains most of the provisions boaters wanted, but SB 1695, which became Session Law 2008-221, contained the provision to allow Class C drivers license holders over the age of 18 to tow non-commercial combined loads (truck-and-trailer) of up to 26,000 pounds. Previously, a Class A license had been required if the trailer was rated in excess of 10,000 pounds.
HB 2167 raised the maximum width for 24-hour trailering from 102 to 114 inches. It also did away with the permit requirement for boats between 102 and 120 inches wide and allowed towing 114 inches to 120 inches during daylight hours on all days. Some confusion remains about boats wider than 120 inches.
According to the N.C. Legislative website, Session Law 2008-229 (HB 2167) requires a permit (daily or annual) for trailering boats wider than 120 inches but allows transporting the boat during daylight hours on all days. The Highway Patrol’s PowerPoint notes Sundays and certain holidays as being excluded but doesn’t list which holidays.
The Highway Patrol’s PowerPoint also notes that trailers and towing are subject to Federal Motor Carrier Safety Regulations (49CFR, Parts 390-397) if any of the following four statements are true.
• The combined weight of the load (towed and towing) exceeds 10,000 pounds in interstate (between two or more states) commerce or exceeds 26,000 pounds in inter-state (same state) commerce.
• Prize money is declared as ordinary income for tax purposes, and expenses are deducted as a business expense.
• Corporate sponsorship is involved.
• The vehicle’s activities are undertaken for profit.
If any of the above statements is true, you are considered to be in a commercial venture. Federal Motor Carrier Regulations do not apply if the vehicle is used for the transportation of personal property, not for compensation and not in the furtherance of a commercial enterprise. Federal Motor Carrier Regulations are more restrictive than state regulations and, among other things, require a federal inspection for trailers rated heavier than 10,000 pounds and brakes for trailers rated heavier than 3,000 pounds. A functioning breakaway system is also required.
Some requirements exist that weren’t known or enforced in past years — and there are some new ones. The provisions for trailer inspections and brakes are two of these. I was that told any inspection station can apply to be an inspection station for trailers and motorcycles, which are grouped together, but I understand that many folks have had problems locating one. If you are experiencing difficulty locating a trailer inspection station, visit the DOT website at www.ncdot.org/DMV/vehicle_services or call 919-715-7000.
We have entered a new era of trailering boats in N.C. The laws spell out specific things that can or can’t be done. It would be wise to be sure you are in compliance and everything is in good working order. I believe that with the new regulations spelled out as specifically as they are; the tolerance for errors and oversights will be minimal.
Be safe, have fun, go fishing and boating!
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