Below is the technical response from Highway Patrol.  These rules have been on the books forever, but never enforced and thus you and me trailered up and down the highway spending $$ at various fishing destinations.  Last Fall someone got a burr you know where and decided it was time to collect some $$ and STIFF fines started getting handed out.  To my knowledge, it started in the Morehead City area.  The enforcement movement progressed south to the Wilmington area and now you cannot travel HWY 17 without the right permits.  However, even if you get your Class A driver's license rating and pay to get a yearly permit (which you have to declare your route of travel on), you STILL cannot trailer on weekends, holidays or after dark!  Are you kidding me!  This decision to enforce has and will cost millions of dollars as boaters no longer have the licensing or security to trailer.  Needless to say, much is being done as the boating community is fighting back to right wrongs.  Updates are below.

North Carolina Department of Crime Control & Public Safety

License weight requirements: In regards to the weight of the vehicles, a boat and trailer which is being towed by a truck or another vehicle such as a commercial cargo van that is classified as a property hauling vehicle, must be included for gross weight purposes when determining the amount of weight that the truck or van can legally pull. The vehicle must be registered for the gross vehicle weight of the truck/van, trailer, and boat, along with any other items located within these vehicles. For example, if the truck weighs 4,000 pounds and the boat and trailer have a combined weight of 10,000 lbs, then adding the two weights together results in a total gross vehicle weight of 14,000 lbs. Therefore, the truck must be licensed for at least 14, 000 lbs to ensure compliance with the license weight requirements under N.C.G.S. Chapter 20-88. Private passenger vehicles such as SUV’S are not considered property hauling vehicles; therefore, they not subject to the license weight requirements of N.C.G.S. Chapter 20-88.

Size and load restrictions: In regards to the size of the boat being transported, Chapter 20-116(a) limits the size of a vehicle and its load to 102 inches in width. Any vehicle or load which exceeds 102 inches, and is a non-divisible load as a single boat would be, is required to obtain a special permit from the North Carolina Department of Transportation (DOT), in accordance with General Statute 20-119. Many of the larger boats that are over 102 inches in width are required to obtain an over-width permit from the North Carolina Department of Transportation permit office, and they must comply with certain restrictions as indicated on the permit. These over-width permits require compliance with certain restrictions and do not allow for movement at any time on Sundays, and certain holidays and only during daylight hours on other days.

Application of Federal Motor Carrier Regulations: I understand that there has been some confusion as to whether a boat that is used for sport fishing is regulated differently than a boat that is used only for recreational purposes.

A vehicle would be subject to the Federal Motor Carrier Safety Regulations (49 CFR Parts 390 - 397) if:  

• The vehicle is used to transport property or passengers in commerce.  

• The combined weight rating of the vehicle(s) exceeds 10,000 lbs gross vehicle weight rating if operating in inter-state commerce, (operates in multi states)or exceeds 26,000 lbs gross vehicle weight rating if operating in intra-state commerce, (operates only in North Carolina).  

• Prize money is declared as ordinary income for tax purposes and is deducted as a business expense for tax purposes.  

• Corporate sponsorship is involved.  

• When the vehicles activities are undertaken for profit.

The Federal Motor Carrier Safety Regulations would not apply to the following:  

• Vehicles used for the transportation of personal property by individuals, not for compensation, and not in the furtherance of a commercial enterprise.  

Consistent with these regulations, a boat owner may participate in fishing tournaments and may win prizes, including cash prizes, without becoming subject to the federal regulations. In this case, the driver would not be required to maintain a Log Book, have a medical card or be subject to federal inspection if used for recreational purposes.

Commercial drivers license requirement. Pursuant to G.S. 20-37.12, a driver must possess a Commercial Drivers License if he operates a commercial motor vehicle on a street or highway. G.S. 20-4.01(2a) defines a Class (A) Commercial Motor Vehicle that has a combined GVWR of at least 26,001 lbs and that has a towed unit with a GVWR of at least 10,001 lbs. A Class (B) Commercial Drivers License is required when the towing unit has a GVWR of at least 26,001 lbs and the towed unit has a GVWR of less than 10,001 lbs.

G.S. 20-37.16(e), however, excludes the CDL requirement for drivers of vehicles “used for personal use such as recreational vehicles.” Drivers who are exempt from the CDL requirement by G.S. 20-37.16 must, pursuant to G.S. 20-7, possess the appropriate class driver’s license. Drivers who are exempt from the CDL requirement because the combined GVWR is less than 26,001 lbs and the GVWR of the towed unit is less than 10,001 lbs may tow the boat with a Class C license.

The North Carolina State Highway Patrol is currently providing this information to North Carolina boating marinas, and manufactures in an attempt to educate and raise compliance. I hope this has helped provide you with additional information as it relates to the towing of boats in North Carolina.  

If you have any questions or concerns, in regards to this letter, please contact a member of my staff at (919) 715-8683.

Sincerely,

Major Jamie J. Hatcher

JJH:wmn

cc: Bryan E. Beatty, Secretary

Colonel W. Fletcher Clay, NCSHP

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