GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2005

SESSION LAW 2005-354

HOUSE BILL 665

AN ACT to amend the laws governing housemovers.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 20-356 reads as rewritten:

"§ 20-356.  Definitions.

"Person" as used in this Article shall mean an individual, corporation, partnership, association or any other business entity. The word "house" as used in this Article shall mean a dwelling, building, or other structure in excess of 14 15 feet in width; provided that neither mobile homes, nor modular homes or portions thereof, are within this definition when being transported from the manufacturer or from a licensed retail dealer location to the first set-up site. The word "Department" as used in this Article shall mean the North Carolina Department of Transportation."

SECTION 2.  G.S. 20-358 reads as rewritten:

"§ 20-358.  Qualifications to become licensed.

The Department shall issue annual printed licenses to applicants meeting the following conditions:

(1)       The applicant must be at least 18 years of age; present acceptable evidence of good character and show sufficient housemoving experience on the application form furnished by the Department. Proof of creditable housemoving experience must be furnished at the time of application for those applicants not previously licensed by the Department. Housemoving experience means extensive and responsible training gained by the applicant while engaged actively and directly on a full-time basis in the moving of houses and structures on public roads and highways with at least 24 months experience. Examples of the capacity in which a person may work in gaining experience include the following in building moving operations:

a.         Moving superintendent,

b.         Moving foreman, and

c.         General mechanic and helper in the housemoving profession or trade.

(2)       Repealed by Session Laws 1981, c. 818, s. 3.

(3)       The applicant must furnish proof that all of the vehicles, excluding "beams and dollies" and "hauling units," to be used in the movement of buildings, structures, or other extraordinary objects wider than 14 15 feet have met the requirements of G.S. 20-183.2 pertaining to the equipment inspection of motor vehicles; provided that the "beams and dollies" and "hauling units" are excluded from inspection under G.S. 20-183.2 and, further, are not required to be equipped with brakes.

(4)       The applicant must exhibit his federal employer's identification number.

(5)       The applicant must pay an annual license fee of one hundred dollars ($100.00)."

SECTION 3.  G.S. 20-359 reads as rewritten:

"§ 20-359.  Effective period of license.

A license issued hereunder shall be effective for a period of one year from date of issuance and expire on July 31 of each year and shall be renewable on an annual  basis."

SECTION 4. G.S. 20-360 reads as rewritten:

"§ 20-360.  Requirements for permit.

(a)       Persons licensed as professional housemovers shall also be required to secure a permit from the Department for every move undertaken on the State Highway System of roads; that permit shall be issued by the Department after determining that the applicant is (i) properly licensed, (ii) furnished special surety bonds as required by the Department, and (iii) complying with such other regulations as required by the Department.

(b)       It shall be the duty of the applicant to see that the "beams and dollies" and "hauling units" used shall be constructed with proper material in a suitable manner and utilized so as to provide for the safety of the general public and the structure being relocated. Any violation of this duty may result in suspension or revocation of his license by the Department.

(c)       A license shall not be required for individuals an individual owner of a towing vehicle moving their own buildings from or to property owned individually by those persons; however, a permit will be required for all moves.

(d)       Licensed housemovers shall furnish front and rear certified escort vehicles on all moves, one or both of which may be a marked police, sheriff or State Highway Patrol vehicle as determined by the issuing agent, or one or two private properly equipped certified escort  vehicles equipped with flashing amber lights depending on the number of law-enforcement vehicles escorting the move; escort vehicles shall operate where possible at a distance of 300 feet from the structure being moved; that this interval will be closed in cities and other congested areas to protect other traffic from the swing of the load at corners and turns and, turns, and the private certified escort vehicles shall comply with all restrictions as provided on the permit secured for movement of the structure. burn their headlights and be equipped with red flags on each side at the front; in addition, the private escort vehicles shall be equipped with a sign across the front or rear bumper bearing the legend "Wide Load" or "Oversized Load Following" or "Oversized Load Ahead," whichever is appropriate, with black letters at least 10 inches high on a yellow background."

SECTION 5.  This act becomes effective October 1, 2005.

In the General Assembly read three times and ratified this the 23^rd day of August, 2005.

                                                                    s/ Beverly E. Perdue

                                                                         President of the Senate

                                                                    s/ James B. Black

                                                                         Speaker of the House of Representatives

                                                                    s/ Michael F. Easley

                                                                         Governor

Approved 1:38 p.m. this 7^th day of September, 2005